Substitute Senate Bill No. 503
Substitute Senate Bill No. 503
PUBLIC ACT NO. 98-215
AN ACT CONCERNING UNINSURED MOTORISTS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 14-12g of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) When a private passenger motor vehicle
liability insurance policy has been cancelled and
the Commissioner of Motor Vehicles [has
determined] DETERMINES that the owner of a
registered motor vehicle is in violation of the
mandatory security requirements of sections 14-12c
and 38a-371, the commissioner shall issue to such
owner a notice of cancellation of the registration
involved. THE NOTICE SHALL CONTAIN A STATEMENT, IN
NOT LESS THAN FOURTEEN POINT TYPE, THAT (1) AFTER
SUCH CANCELLATION OF REGISTRATION IS FINAL AND
EFFECTIVE SUCH MOTOR VEHICLE SHALL BE SUBJECT TO
SEIZURE, IMPOUNDMENT AND POTENTIAL FORFEITURE IF
OBSERVED BEING OPERATED UPON THE PUBLIC HIGHWAY OR
IF OBSERVED PARKED IN ANY PARKING AREA, AS DEFINED
IN SECTION 14-212, AND (2) THE OWNER MAY RETURN
THE NUMBER PLATE OR PLATES AND REGISTRATION
CERTIFICATE FOR SUCH VEHICLE TO AVOID POTENTIAL
IMPOUNDMENT AND SUSPENSION OF THE OWNER'S MOTOR
VEHICLE OPERATOR'S LICENSE PURSUANT TO SUBSECTION
(c) OF THIS SECTION. Such cancellation shall be
final and effective fourteen days from the date of
mailing of such notice. If a registered owner to
whom such notice of cancellation was issued
contends that, notwithstanding the determination
of the Commissioner of Motor Vehicles, he has
continuously maintained required coverage
throughout the period of his registration, such
owner may contact the Department of Motor Vehicles
by telephone at a special number to be provided,
not less than two days before the effective date
of the cancellation of the registration to request
an administrative hearing to be conducted in
accordance with the provisions of chapter 54. Upon
such request, the cancellation of the registration
shall be stayed pending the final decision. The
hearing shall be scheduled promptly and shall be
strictly limited to the issues of [(1)] (A)
whether the respondent is the registered owner of
the motor vehicle or vehicles subject to the
mandatory security requirements, and [(2)] (B)
whether the respondent has failed to continuously
maintain the required insurance coverage
throughout the registration period. Unless the
Commissioner of Motor Vehicles or his designated
hearing officer finds in the negative on one of
the hearing issues, the cancellation of the
registration shall be affirmed. The Commissioner
of Motor Vehicles shall render a final decision
and shall mail such decision to the respondent not
more than thirty days after the conclusion of the
hearing. The cancellation of registration shall be
effective three days after the date of the mailing
of the final decision.
(b) BEFORE SUCH CANCELLATION IS FINAL AND
EFFECTIVE, IF A REGISTERED OWNER TO WHOM NOTICE OF
CANCELLATION WAS ISSUED PURSUANT TO SUBSECTION (a)
OF THIS SECTION DOES NOT CONTEST THE DETERMINATION
THAT HE HAS FAILED TO MAINTAIN MANDATORY SECURITY,
THE COMMISSIONER MAY ENTER INTO A CONSENT
AGREEMENT WITH THE OWNER, PROVIDED THE OWNER
PRESENTS SATISFACTORY EVIDENCE OF MANDATORY
SECURITY AND PAYS A CIVIL PENALTY OF ONE HUNDRED
DOLLARS. THE CONSENT AGREEMENT SHALL PROVIDE THAT
THE REGISTRATION OF THE MOTOR VEHICLE SHALL NOT BE
CANCELLED PURSUANT TO SUBSECTION (a) OF THIS
SECTION UNLESS (1) THE COMMISSIONER DETERMINES
THAT ON OR AFTER THE EFFECTIVE DATE OF THE CONSENT
AGREEMENT THE OWNER FAILED TO CONTINUOUSLY
MAINTAIN THE REQUIRED SECURITY AND (2) THE OWNER
CANNOT ESTABLISH TO THE SATISFACTION OF THE
COMMISSIONER THAT HE CONTINUOUSLY MAINTAINED THE
REQUIRED SECURITY AFTER SAID EFFECTIVE DATE. SUCH
CONSENT AGREEMENT SHALL NOT OPERATE TO PREVENT THE
COMMISSIONER FROM CANCELLING, SUSPENDING OR
REVOKING A REGISTRATION PURSUANT TO ANY OTHER
PROVISION OF THE GENERAL STATUTES.
[(b)] (c) The Commissioner of Motor Vehicles
may suspend the motor vehicle operator's license
of any person whose registration has been
cancelled in accordance with the provisions of
subsection (a) of this section, and who, within
thirty days of the date of such cancellation, has
not returned the number plate or plates and
registration certificate or obtained a new
registration for or transferred ownership of the
motor vehicle. Any person aggrieved by the
decision of the commissioner to suspend his
license under this subsection shall, prior to the
effective date of such suspension, be afforded an
opportunity for a hearing in accordance with the
provisions of chapter 54.
Sec. 2. Section 14-12h of the general
statutes, as amended by section 1 of public act
97-226, is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Motor Vehicles shall
compile and maintain a record of all registrations
cancelled in accordance with the provisions of
sections 14-12c and 14-12f to 14-12k, inclusive,
AS AMENDED BY THIS ACT, 38a-343 and 38a-343a. The
commissioner shall update the information
contained in such record not less than once per
week and shall make available to all law
enforcement agencies in this state a list of all
registration number plates for vehicles whose
registration has been cancelled. Such list shall
contain the number plate numbers, letters or
number and letter combinations and the address at
which the vehicle was registered. The commissioner
may make available the entire list or a portion
thereof and may utilize one or more formats for
presenting the information contained therein to
facilitate its use.
(b) (1) If any police officer observes a motor
vehicle being operated upon the public highway,
and such motor vehicle is displaying registration
number plates identified as cancelled on the list
made available by the commissioner, such police
officer may (A) stop or detain such vehicle and
its occupants, [and may proceed to] (B) issue to
the operator an infractions complaint for
operating an unregistered motor vehicle, or
expired registration if the vehicle is not being
operated, in violation of section 14-12, AND (C)
[. Such police officer is further authorized to]
remove the registration number plates from the
vehicle and [to] return them to any branch office
of the Department of Motor Vehicles. If any police
officer, sheriff, deputy sheriff, motor vehicle
inspector or constable observes a motor vehicle
parked in any parking area, as defined in section
14-212, and such motor vehicle is displaying
registration number plates identified as cancelled
on the list made available by the commissioner,
such police officer, sheriff, deputy sheriff,
motor vehicle inspector or constable is authorized
to remove the registration number plates from the
vehicle and to return them to any branch office of
the Department of Motor Vehicles. If a number
plate is identified as cancelled on the list
provided by the commissioner and such
identification is in error, the state shall
indemnify any police officer, sheriff, deputy
sheriff, motor vehicle inspector or constable for
any claim for damages made against that individual
as a result of his good faith reliance on the
accuracy of the list provided by the commissioner
regarding the confiscation of number plates.
(2) IF ANY POLICE OFFICER OBSERVES A MOTOR
VEHICLE BEING OPERATED UPON THE PUBLIC HIGHWAY OR
PARKED IN ANY PARKING AREA, AS DEFINED IN SECTION
14-212, DISPLAYING REGISTRATION NUMBER PLATES
IDENTIFIED ON THE LIST MADE AVAILABLE BY THE
COMMISSIONER AS BEING CANCELLED, SUCH POLICE
OFFICER MAY SEIZE AND IMPOUND THE VEHICLE. IF A
POLICE OFFICER SEIZES AND IMPOUNDS A VEHICLE
PURSUANT TO THIS SUBDIVISION, HE SHALL GIVE NOTICE
TO THE COMMISSIONER IN SUCH FORM AS THE
COMMISSIONER MAY REQUIRE. THE POLICE OFFICER SHALL
GIVE SUCH NOTICE NOT LATER THAN THREE DAYS AFTER
SEIZING AND IMPOUNDING THE VEHICLE.
(c) The owner of any motor vehicle whose
registration has been cancelled in accordance with
the provisions of sections 14-12c and 14-12f to
14-12k, inclusive, AS AMENDED BY THIS ACT, 38a-343
and 38a-343a, shall not be eligible to obtain a
new registration for a vehicle, or a new or
renewal registration for any motor vehicle in his
name until such owner appears personally at an
office of the Department of Motor Vehicles and (1)
completes an application for registration, (2)
furnishes proof of insurance, in accordance with
section 14-12b, (3) furnishes proof of financial
responsibility for not less than one year, in
accordance with section 14-112, and (4) pays to
the Commissioner of Motor Vehicles a restoration
fee of [one hundred dollars,] THE AGGREGATE OF TWO
HUNDRED FIFTY DOLLARS FOR THE FIRST THIRTY-ONE
DAYS SUCH REGISTRATION IS CANCELLED, OR ANY
PORTION THEREOF, AND FIVE DOLLARS FOR EACH
ADDITIONAL DAY SUCH REGISTRATION IS CANCELLED, NOT
TO EXCEED NINETY DAYS OR FIVE HUNDRED FORTY-FIVE
DOLLARS, as required by section 14-50b, AS AMENDED
BY THIS ACT, in addition to any other fees
required to obtain new registration and number
plates, EXCEPT THAT THE COMMISSIONER MAY REDUCE
THE RESTORATION FEE TO THE AMOUNT OF ONE HUNDRED
DOLLARS IF THE COMMISSIONER FINDS THAT THE VEHICLE
WAS NOT OPERATED DURING THE PERIOD OF SUCH
CANCELLATION AND DURING THE PERIOD SUCH OWNER
FAILED TO MAINTAIN MANDATORY SECURITY. In
addition, if the number plates of the vehicle
whose registration was cancelled has been
confiscated, the owner of such motor vehicle shall
pay an additional confiscation fee of fifty
dollars. Such confiscation fee shall be collected
from the owner of the motor vehicle and remitted
by the commissioner to the sheriff, deputy sheriff
or constable who confiscated the number plates or,
if the plates were confiscated by a police
officer, such confiscation fee shall be remitted
to the governmental entity which employed such
officer at the time of the confiscation and shall
be deposited in the Asset Forfeiture Fund. In the
event there is no such fund, such confiscation fee
shall be deposited in the general fund of such
entity.
(d) THE OWNER OF ANY MOTOR VEHICLE WHICH HAS
BEEN IMPOUNDED IN ACCORDANCE WITH THE PROVISIONS
OF SUBDIVISION (2) OF SUBSECTION (b) OF THIS
SECTION SHALL NOT BE ELIGIBLE TO REGAIN POSSESSION
OF THE VEHICLE UNTIL HE COMPLIES WITH THE
REQUIREMENTS OF SUBSECTION (c) OF THIS SECTION.
ANY SUCH MOTOR VEHICLE WHICH IS IMPOUNDED FOR MORE
THAN FORTY-FIVE DAYS SHALL BE SUBJECT TO
FORFEITURE TO THE STATE.
Sec. 3. Section 14-50b of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Any person whose operator's license or
right to operate a motor vehicle in this state has
been suspended or revoked by the Commissioner of
Motor Vehicles, or who has been disqualified from
operating a commercial motor vehicle, shall pay a
restoration fee of one hundred dollars to said
commissioner prior to the issuance to such person
of a new operator's license or the restoration of
such operator's license or such privilege to
operate a motor vehicle or commercial motor
vehicle. Such restoration fee shall be in addition
to any other fees provided by law.
(b) (1) EXCEPT AS PROVIDED IN SUBDIVISION (2)
OF THIS SUBSECTION ANY [Any] person whose motor
vehicle registration or right of operation of a
motor vehicle in this state has been suspended or
revoked by the Commissioner of Motor Vehicles
shall pay a restoration fee of one hundred dollars
to said commissioner prior to the issuance to such
person of a new registration or the restoration of
such registration or such right of operation. Such
restoration fee shall be in addition to any other
fees provided by law.
(2) ANY PERSON WHOSE MOTOR VEHICLE
REGISTRATION HAS BEEN CANCELLED PURSUANT TO
SECTION 14-12g, AS AMENDED BY THIS ACT, SHALL PAY
A RESTORATION FEE OF THE AGGREGATE OF TWO HUNDRED
FIFTY DOLLARS FOR THE FIRST THIRTY-ONE DAYS SUCH
REGISTRATION IS CANCELLED, OR ANY PORTION THEREOF,
AND FIVE DOLLARS FOR EACH ADDITIONAL DAY SUCH
REGISTRATION IS CANCELLED, NOT TO EXCEED NINETY
DAYS OR FIVE HUNDRED FORTY-FIVE DOLLARS, EXCEPT
THAT THE COMMISSIONER MAY REDUCE THE RESTORATION
FEE TO THE AMOUNT OF ONE HUNDRED DOLLARS IF THE
COMMISSIONER FINDS THAT THE VEHICLE WAS NOT
OPERATED DURING THE PERIOD OF SUCH CANCELLATION
AND DURING THE PERIOD SUCH OWNER FAILED TO
MAINTAIN MANDATORY SECURITY.
Sec. 4. Section 14-150 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Any person who abandons any motor vehicle
within the limits of any highway or upon property
other than his own without the consent of the
owner thereof for a period longer than twenty-four
hours shall have committed an infraction and shall
be fined not less than eighty-five dollars. The
last owner of record of a motor vehicle found
abandoned, as shown by the files of the Department
of Motor Vehicles, shall be deemed prima facie to
have been the owner of such motor vehicle at the
time it was abandoned and the person who abandoned
the same or caused or procured its abandonment.
(b) Any inspector of the Department of Motor
Vehicles, any officer attached to an organized
police department or any state police officer upon
discovery of any motor vehicle, whether situated
within or without any highway of this state, which
is a menace to traffic or public health or safety,
shall take such motor vehicle into his custody and
cause the same to be taken to and stored in a
suitable place.
(c) Any inspector of the Department of Motor
Vehicles, any officer attached to an organized
police department or any state police officer,
upon discovery of any motor vehicle apparently
abandoned or a motor vehicle without proper
registration, whether situated within or without
any highway of this state, shall affix to such
motor vehicle a notification sticker in a manner
so as to be readily visible. This notification
sticker shall contain the following information:
(1) The date and time the notification sticker was
affixed to the motor vehicle; (2) a statement that
pursuant to this section, if the motor vehicle is
not removed within twenty-four hours of the time
the sticker was affixed, it shall be taken into
custody and stored at the owner's expense; (3) the
location and telephone number where additional
information may be obtained and (4) the identity
of the affixing officer. If the motor vehicle is
not removed within such twenty-four-hour period,
the affixing department shall take such motor
vehicle into its custody and cause the same to be
stored in a suitable place, except that such
department shall make a reasonable attempt to
notify the owner of any such motor vehicle which
is determined to be stolen prior to taking such
vehicle into its custody and shall allow such
owner to make arrangements for removal of such
vehicle.
(d) If the motor vehicle has no registration
marker plates or invalid registration marker
plates, and if such inspector or officer makes a
determination in good faith that (1) the motor
vehicle is apparently abandoned, (2) the market
value of such motor vehicle in its current
condition is one hundred dollars or less, and (3)
the motor vehicle is so vandalized, damaged, or in
disrepair as to be unusable as a motor vehicle,
title to such motor vehicle shall, upon taking
custody of such motor vehicle, immediately vest in
the municipality in which the motor vehicle was
discovered. Within forty-eight hours of the time
that such motor vehicle is taken into custody, the
affixing department shall notify the Commissioner
of Motor Vehicles, in writing, of the vehicle
identification number and a description of the
motor vehicle. Upon sale or other disposition of
the motor vehicle, the affixing department shall
give written notice by certified mail to the
person who was the owner of such motor vehicle at
the time of abandonment, if known, which notice
shall state that the motor vehicle has been sold
or otherwise disposed of. The proceeds of the sale
or disposition, or the fair market value of the
motor vehicle in its current condition, whichever
is greater, less the towing and sale or disposal
expenses and the amount of any fines due, shall be
paid to such person or his representatives, if
claimed by him or them within one year from the
date of sale. If such balance is not claimed
within such period, it shall escheat to the
municipality. If the expenses incurred by the
municipality for towing and the sale or
disposition of such motor vehicle and any such
fines exceed the proceeds of such sale or
disposition, such person shall be liable to such
municipality for such excess amount.
(e) Within forty-eight hours of the time that
a motor vehicle is taken into custody and stored
pursuant to subsection (b) or (c) of this section,
the affixing department shall give written notice
by certified mail to the owner of such motor
vehicle, if known, which notice shall state (1)
that the motor vehicle has been taken into custody
and stored, (2) the location of storage of the
motor vehicle, (3) that, unless title has already
vested in the municipality pursuant to subsection
(d), such motor vehicle may be sold after fifteen
days if the market value of such motor vehicle
does not exceed five hundred dollars or after
[ninety] FORTY-FIVE days if the value of such
motor vehicle exceeds five hundred dollars, and
(4) that the owner has a right to contest the
validity of such taking by application, on a form
prescribed by the Commissioner of Motor Vehicles,
to the hearing officer named in such notice within
ten days from the date of such notice. Such
application forms shall be made readily available
to the public at all offices of the Department of
Motor Vehicles and at all state and local police
departments.
(f) (1) The chief executive officer of each
town shall appoint a suitable person, who shall
not be a member of any state or local police
department, to be a hearing officer to hear
applications to determine whether or not the
towing within such municipality of such motor
vehicle was authorized under the provisions of
this section. Two or more towns may join in
appointing such officer; provided any such hearing
shall be held at a location which is as near to
the town within which such motor vehicle was towed
as is reasonable and practicable. The commissioner
shall establish by regulation the qualifications
necessary for hearing officers and procedures for
the holding of such hearings. If it is determined
at such hearing that the vehicle was not a menace
to traffic, abandoned or unregistered, as the case
may be, the owner of such motor vehicle shall not
be liable for any expenses incurred as a result of
the taking and storage of such motor vehicle, the
lien provisions of this section shall not apply to
such owner, and the department which took and
stored such motor vehicle shall be liable for such
expenses. If the owner, prior to such
determination, pays such expenses and the storage
charges of such motor vehicle, and it is
determined at such hearing that the motor vehicle
was not a menace to traffic, abandoned or
unregistered, as the case may be, the department
which took such motor vehicle shall be liable to
such owner for the amount paid by such owner. Any
person aggrieved by the decision of such hearing
officer may, within fifteen days of the notice of
such decision, appeal to the superior court for
the judicial district wherein such hearing was
held.
(2) The chief executive officer of each
municipality shall designate a suitable person who
shall be responsible for the collection of data
concerning abandoned motor vehicles within such
municipality and the preparation and submission of
periodic reports to the Commissioner of Motor
Vehicles which shall contain such information as
the commissioner may require.
(g) The owner or keeper of any garage or other
place where such motor vehicle is stored shall
have a lien upon the same for his storage charges.
Unless title has already vested in the
municipality pursuant to subsection (d), if the
current market value of such motor vehicle as
determined in good faith by such owner or keeper
does not exceed five hundred dollars and such
motor vehicle has been stored for a period of not
less than fifteen days, such owner or keeper may,
unless an application filed by the owner pursuant
to subsection (d) of this section is pending and
the owner of such motor vehicle has notified such
owner or keeper that such application for hearing
has been filed, sell the same for storage and
towing charges owed thereon, provided a notice of
intent to sell shall be sent to the commissioner
and the owner of such motor vehicle, if known,
five days before the sale of such vehicle. If the
current market value of such motor vehicle as
determined in good faith by such owner or keeper
exceeds five hundred dollars and if such motor
vehicle has been so stored for a period of
[ninety] FORTY-FIVE days, such owner or keeper
shall, unless an application filed by the owner
pursuant to subsection (d) of this section is
pending and the owner of such motor vehicle has
notified such owner or keeper that such
application for hearing has been filed, sell the
same at public auction for cash, at his place of
business, and apply the avails of such sale toward
the payment of his charges and the payment of any
debt or obligation incurred by the officer who
placed the same in storage, provided such sale
shall be advertised in a newspaper published or
having a circulation in the town where such garage
or other place is located three times, commencing
at least five days before such sale; and, if the
last place of abode of the owner of such motor
vehicle is known to or may be ascertained by such
garage owner or keeper by the exercise of
reasonable diligence, notice of the time and place
of sale shall be given him by mailing such notice
to him in a registered or certified letter,
postage paid, at such last usual place of abode,
at least five days before the time of sale.
(h) The garage owner or keeper shall report
the sales price, storing, towing and repair
charges, if any; buyer's name and address;
identification of the vehicle and such other
information as may be required in regulations
which shall be adopted by the commissioner in
accordance with the provisions of chapter 54, to
the commissioner within fifteen days after the
sale of the motor vehicle. The proceeds of such
sale, after deducting the amount due such garage
owner or keeper and all expenses connected with
such sale, including the expenses of the officer
who placed such motor vehicle in storage, shall be
paid to the owner of such motor vehicle or his
legal representatives, if claimed by him or them
at any time within one year from the date of such
sale. If such balance is not claimed within said
period, it shall escheat to the state.
(i) If the owner of such motor vehicle placed
in storage in accordance with the provisions of
this section does not claim such motor vehicle
within thirty days, the owner of such garage or
other place of storage shall, within forty days of
the date such motor vehicle was placed in storage
with him, send a written notice to the
commissioner, stating the make, engine number and
chassis number of such motor vehicle, the date
such motor vehicle was left with him for storage
and by whom and the registration number thereof if
any number plates are on such motor vehicle, which
notice shall be placed on file by the commissioner
and shall be subject to public inspection. The fee
for filing such notice shall be five dollars. Any
sale under the provisions of this section shall be
void, unless the notice required by this section
has been given to the commissioner.
(j) The Commissioner of Motor Vehicles shall
adopt regulations in accordance with the
provisions of chapter 54 (1) specifying the
circumstances under which title to any motor
vehicle abandoned within the limits of any highway
may be transferred to any person, firm or
corporation towing such vehicle, and (2)
establishing the procedure whereby such person,
firm or corporation may obtain title to such motor
vehicle.
Sec. 5. (NEW) (a) (1) Not earlier than
forty-five days and not later than ninety days
after the seizure of a motor vehicle pursuant to
section 14-12h of the general statutes, as amended
by section 2 of this act, in connection with a
lawful stop or a lawful seizure, the Chief State's
Attorney or a deputy chief state's attorney,
state's attorney or assistant or deputy assistant
state's attorney may petition the court in the
nature of a proceeding in rem to order forfeiture
of such motor vehicle. Such proceeding shall be
deemed a civil suit in equity, in which the state
shall have the burden of proving all material
facts by clear and convincing evidence. The court
shall identify the owner of such motor vehicle and
any other person who appears to have an interest
therein, and order the state to give notice to
such owner and interested person by certified or
registered mail, and shall promptly, but not less
than two weeks after notice, hold a hearing on the
petition. No testimony offered or evidence
produced by such owner or interested person at
such hearing and no evidence discovered as a
result of or otherwise derived from such testimony
or evidence, may be used against such owner or
interested person in any proceeding, except that
no such owner or interested person shall be immune
from prosecution for perjury or contempt committed
while giving such testimony or producing such
evidence. At such hearing the court shall hear
evidence and make findings of fact and enter
conclusions of law and shall issue a final order,
from which the parties shall have such right of
appeal as from a decree in equity.
(2) At any time prior to the filing of such
petition, the registered or legal owner of record
at the time of impoundment may request a hearing
to determine the validity of the impoundment. Such
hearing shall follow the procedures set forth in
subdivision (1) of this subsection.
(b) No motor vehicle shall be forfeited under
this section to the extent of the interest of an
owner or lienholder by reason of any act or
omission committed by another person if such owner
or lienholder did not know and could not have
reasonably known that such motor vehicle was
uninsured and subject to forfeiture.
(c) Any motor vehicle ordered forfeited
pursuant to subsection (a) of this section shall
be sold at public auction conducted by the
Commissioner of Administrative Services or his
designee.
(d) The proceeds from any sale of a motor
vehicle under subsection (c) of this section shall
be distributed in accordance with the following
priorities: (1) To payment of any costs incurred
for the storage, towing, maintenance, security and
forfeiture of such motor vehicle; (2) to payment
of the balance e due on any lien preserved by the
court in the forfeiture m proceedings; and (3) to
payment of court costs. The balance, if , any,
shall be deposited in the uninsured motor vehicle
forfeiture r revolving account established under
section 6 of this act.
Sec. 6. (NEW) (a) There is established and
created an account of the General Fund to be known
as the "uninsured motor vehicle forfeiture
revolving account" for the purpose of providing
funds for identifying uninsured motor vehicles and
causing the owners of such vehicles to obtain the
required insurance or to cease operating such
uninsured motor vehicles.
(b) The account shall consist of the proceeds
from the sale of motor vehicles received and
deposited pursuant to section 5 of this act.
(c) Moneys in such account shall be
distributed as follows: (1) Fifty per cent shall
be allocated to the Automobile Insurance
Enforcement Fund established pursuant to section
14-12i of the general statutes, (2) forty per cent
shall be allocated to the Commissioner of Motor
Vehicles who shall pay, subject to available
funds, for confiscations which occur on or after
the effective date of this act, in order of the
date of confiscation, any confiscation fee
pursuant to section 14-12h of the general
statutes, as amended by section 2 of this act,
which remains unpaid after forfeiture to the
sheriff, deputy sheriff or constable who
confiscated the number plates or, if the plates
were confiscated by a police officer, such
confiscation fee shall be remitted to the
governmental entity which employed such officer at
the time of the confiscation, and (3) ten per cent
shall be allocated to the Department of Public
Safety and local police departments pursuant to
section 14-12h of the general statutes, as amended
by section 2 of this act, which shall be used for
enforcement of said section 14-12h.
(d) Expenditures from the account allocated to
the Department of Public Safety and local police
departments shall be authorized by a panel
composed of: (1) The Commissioner of Public Safety
or his designee; (2) the Commissioner of Motor
Vehicles or his designee; and (3) the president of
the Connecticut Police Chiefs Association or his
designee. The panel shall adopt procedures for the
orderly authorization of expenditures, subject to
the approval of the Comptroller. Such expenditures
may be authorized only to the Department of Public
Safety and to organized local police departments
within this state. Such expenditures shall be held
by the Department of Public Safety and the various
organized local police departments in accounts or
funds established for that purpose. In no event
shall the expenditures be placed in a state or
town general fund and in no event shall the
expenditures be used for purposes other than those
provided in subdivision (3) of subsection (c) of
this section. The panel shall ensure the equitable
allocation of expenditures to the Department of
Public Safety or any local police department which
participated directly in any of the acts which led
to the seizure or forfeiture of the motor vehicle
so as to reflect generally the contribution of
said department or such local police department in
such acts. The panel shall authorize expenditures
from the account for the reimbursement of any
organized local police department which has used
its own funds in the detection, investigation,
apprehension and seizure of the uninsured motor
vehicle and which makes application to the panel
for reimbursement.
(e) Moneys remaining in the uninsured motor
vehicle forfeiture revolving account at the end of
a fiscal year shall not revert to the General Fund
but shall remain in the revolving account to be
used for the purposes set forth in this section.
Sec. 7. Subsection (c) of section 14-12i of
the general statutes, as amended by section 2 of
public act 97-236, is repealed and the following
is substituted in lieu thereof:
(c) All restoration fees imposed due to the
cancellation of the registration for violation of
the mandatory security requirements of sections
14-12c and 38a-371 or suspension of a motor
vehicle operator's license pursuant to subsection
[(b)] (c) of section 14-12g, AS AMENDED BY THIS
ACT, or section 14-213b, AS AMENDED, shall be
deposited into the Automobile Insurance
Enforcement Fund established pursuant to
subsection (a) of this section.
Approved June 8, 1998