FNBookMark

OFA Fiscal Note and OLR Bill Analysis

sSB 414

AN ACT MAKING REVISIONS TO STATUTES CONCERNING THE DEPARTMENT OF MOTOR VEHICLES.

OFA SUMMARY IMPACT:

State Impact:

Agency Affected

Fund-Effect

FY 11 $

FY 12 $

Department of Motor Vehicles

TF - See Below

See Below

See Below

Note: TF=Transportation Fund

Municipal Impact: None

Explanation

A section-by-section fiscal impact analysis is presented in conjunction with the bill summary.

OLR SUMMARY:

This bill:

1. requires the Department of Motor Vehicles (DMV) commissioner to verify whether applicants for driver's licenses and identity cards who are not U. S. citizens have been lawfully admitted to the U. S. , and to issue limited term licenses in certain cases (11) ;

2. requires the commissioner to conduct state and federal criminal history records checks of DMV employees who make or produce driver's licenses or identity cards or who are able to affect the identify information that appears on them ( 27);

3. requires, rather than allows, certain health professionals to report to DMV health conditions that may impair an individual's ability to safely operate a motor vehicle (12);

4. makes it a crime for certain health professionals to falsely certify in writing that a driver requires a handicapped placard ( 25);

5. prohibits municipal assessors from disclosing information they receive from DMV that the department is not required to disclose or is otherwise protected by state or federal law ( 23);

6. allows, rather than requires, the commissioner to issue registration stickers ( 24);

7. authorizes the commissioner to renew a driver's license without the licensee's personal appearance at every other renewal ( 22); and

8. bars from eligibility for the pretrial accelerated rehabilitation program individuals charged with a motor vehicle violation who (a) hold a commercial driver's license or (b) were operating a commercial motor vehicle at the time of the violation ( 6).

The bill also makes a number of changes to laws affecting commercial driver's license (CDL) holders, seat belts, motor vehicle dealers and repairers, and motor vehicle recyclers. It also makes technical changes.

EFFECTIVE DATE: Various, see below.

1 — ELIMINATES LAW BARRING DMV FROM CHARGING A DRIVER'S LICENSE FEE FOR CERTAIN VEHICLES

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section is not anticipated to result in any fiscal impact to the Department of Motor Vehicles (DMV).

OLR Analysis

The bill eliminates an obsolete reference to a law barring DMV from charging an operator's license fee with respect to any municipal, governmental, or military motor vehicle used exclusively to conduct official business. This change has no practical effect because operators of these vehicles must hold an operator's license that is valid for the type of vehicle they drive.

EFFECTIVE DATE: July 1, 2010

2 — PENALTY FOR PERMITTING A DRIVER TO OPERATE A VEHICLE IN VIOLATION OF AN OUT-OF-SERVICE ORDER

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

Requiring the Department of Motor Vehicles (DMV) to conform out-of-service penalties to federal regulations by September 4, 2010 will not result in a fiscal impact.

OLR Analysis

The current penalty for employers who knowingly permit or require a driver to operate a commercial motor vehicle in violation of an out-of-service order is a fine of between $ 2,750 and $ 11,000, the same as the penalty under federal regulations (49 CFR 383. 53). The bill conforms the state penalty to the federal regulations as amended, so that the state penalty changes as the federal penalty does. An out-of-service order is a temporary prohibition against driving a commercial motor vehicle that is subject to federal motor carrier safety regulations. Commercial motor vehicles are vehicles designed or used to transport passengers or property, including trucks with a gross vehicle weight rating of 26,001 or more pounds, certain vehicles transporting hazardous materials, and certain commercial and school buses.

EFFECTIVE DATE: July 1, 2010

3 — VIOLATION OF OUT-OF-SERVICE ORDERS

OFA Fiscal Impact

State Impact: Potential Revenue Impact

Municipal Impact: None

Explanation

This section conforms various DMV penalties to the federal regulations so that the state penalties amounts are linked to the federal penalties could result in potential future revenue impact fiscal when the federal penalties are revised.

OLR Analysis

By law, a driver who is disqualified or subject to an out-of-service order cannot drive a commercial motor vehicle, and an employer cannot knowingly permit or require a driver to do so. Drivers who violate certain laws are disqualified from driving commercial motor vehicles for specific periods of time.

The bill applies the various disqualification periods applicable in some, but not all, of these cases to drivers convicted of offenses in other states that the commissioner deems substantially similar to offenses that would call for their disqualification in Connecticut. For example, it applies these disqualification periods to violations in other states that result in 60-day disqualifications in Connecticut, such as committing two or more serious traffic violations, but not to violations that result in a lifetime disqualification in Connecticut, such as using a motor vehicle to distribute a controlled substance.

By law, a person is disqualified from driving a commercial motor vehicle for one year if he or she is convicted of violating one of several specific laws. The bill adds to these violations a conviction for illegally using a hand-held cell phone or mobile electronic device while operating a commercial motor vehicle.

The bill doubles the minimum disqualification period for anyone violating most out-of-service orders from 90 to 180 days for a first violation, and from one to two years for a second violation during a 10-year period. The maximum disqualification periods, unchanged by the bill, are one year for a first violation and five years for a second violation in a 10-year period.

Drivers who violate an out-of-service order are subject to a fine of between $ 1,100 and $ 2,750, the same as now exists under federal law. The bill conforms these state penalties to the federal regulations as amended (49 CFR 383. 53), so that the state penalty changes as the federal penalty does.

EFFECTIVE DATE: July 1, 2010

4 — TOW DOLLY EXEMPT FROM REGISTRATION

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section conforms statutory language to current practice into statute which has no fiscal impact.

OLR Analysis

The bill exempts a “tow dolly” from motor vehicle registration requirements. It defines a tow dolly as a two-wheeled vehicle without motive power (1) that is towed by a motor vehicle and designed and used to tow another motor vehicle and (2) on which the front or rear wheels of the towed motor vehicle are mounted while the towed vehicle's remaining wheels stay in contact with the ground.

EFFECTIVE DATE: Upon passage

5 — REGISTRATION RENEWAL APPLICATIONS FOR LEASED VEHICLES

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section conforms statutory language to current practice into statute which has no fiscal impact.

OLR Analysis

The bill allows DMV to mail registration renewal applications to lessees of leased vehicles that are registered to licensed leasing companies.

EFFECTIVE DATE: July 1, 2010

6 — COMMERCIAL DRIVERS BARRED FROM ACCELERATED REHABILITATION

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section is not anticipated to result in any fiscal impact to the Department of Motor Vehicles (DMV).

OLR Analysis

The law excludes certain people charged with crimes or motor vehicle violations from eligibility for the accelerated pretrial rehabilitation program. The bill adds to those ineligible for the program individuals charged with motor vehicle violations who (1) hold a CDL or (2) were operating a commercial motor vehicle at the time the violation took place.

EFFECTIVE DATE: October 1, 2010

7 — EXPANSION OF SEAT BELT REQUIREMENT

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section is not anticipated to result in any fiscal impact to the Department of Motor Vehicles (DMV).

OLR Analysis

The bill eliminates the maximum weight limit on motor vehicles whose front seat passengers are required to wear seat belts, thereby requiring operators and front seat passengers to wear seat belts in any motor vehicle when it is being operated, rather than just those operators and front seat passengers in vehicles with a gross vehicle weight rating of 10,000 pounds or less.

EFFECTIVE DATE: October 1, 2010

8 – Technical correction

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section makes technical revision to statutory references and has no fiscal impact.

OLR Analysis

EFFECTIVE DATE: Upon passage

9 — ELIMINATING A REQUIREMENT THAT DMV RECEIVE A COPY OF A CERTIFICATE OF TITLE IN CERTAIN CIRCUMSTANCES

OFA Fiscal Impact

State Impact: Minimal Savings

Municipal Impact: None

Explanation

Allowing the DMV to accept titles of motor vehicles declared a total loss filed electronically in lieu of actual copies of certificates will result in minimal savings due to operating efficiencies.

OLR Analysis

The law imposes certain requirements on insurance companies that take possession of a motor vehicle with a Connecticut title that has been declared a total loss, and which the company offers for sale in Connecticut. The requirements include attaching to the certificate of title a copy of the appraiser's damage report. Current law requires that insurance companies send a copy of this certificate to DMV. The bill allows the commissioner to discontinue the requirement that the companies send DMV this copy if he finds that salvage information federal law requires the insurance company to report to the National Motor Vehicle Title Information System (49 CFR 30501 to 30505 and 28 CFR 25. 51 to 25. 57 is regularly available to DMV.

The bill gives the commissioner the same authority under the same conditions in the case of a self-insurer offering for sale in Connecticut a motor vehicle with Connecticut title that has been declared a total loss.

EFFECTIVE DATE: October 1, 2010

10 — MOTOR VEHICLE RECYCLER REQUIREMENTS

OFA Fiscal Impact

State Impact: Minimal Savings

Municipal Impact: None

Explanation

Allowing DMV to accept recyclers' reporting filing requirements electronically in lieu of actual copies will result in minimal savings due to operating efficiencies.

OLR Analysis

Recyclers store unregistered motor vehicles no longer intended for use, and used and discarded motor vehicle parts. The law requires licensed motor vehicle recyclers to mail to DMV, twice monthly, a list of all motor vehicles received. The bill requires recyclers to also report this information to the National Motor Vehicle Title Information System (49 USC 30504). It exempts DMV from reporting any of the information in these records to this system.

The law also requires that a licensed recycler receive a vehicle's certificate of title, or a copy of it, when receiving a motor vehicle. These certificates, or copies of them, must accompany the list of motor vehicles recyclers send to DMV. Under the bill, if the commissioner determines that information concerning junked motor vehicles the licensee must report to the National Motor Vehicle Title Information System is regularly available to DMV from the national system, he may discontinue the requirement that licensed recyclers submit to DMV (1) the list of vehicles or parts received and (2) certificates of title or copies of these certificates.

EFFECTIVE DATE: Upon passage

11 — LIMITED DURATION DRIVER'S LICENSES AND IDENTITY CARDS

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section conforms statutory language to Real-ID requirements into statute will not result in a fiscal impact to DMV.

OLR Analysis

The bill requires the DMV commissioner, before issuing a driver's license or identity card to anyone who is not a U. S. citizen or national, to verify that the individual has been lawfully admitted for permanent or temporary U. S. residency. An applicant for a license or identity card must submit valid, documentary evidence that he or she:

1. is an alien lawfully admitted for permanent or temporary residency in the U. S. ;

2. has conditional permanent resident status;

3. has an approved application for asylum in the U. S. or has entered the U. S. in refugee status;

4. has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the U. S. ;

5. has a pending application for asylum in the U. S. ;

6. has a pending or approved application for temporary protected status in the U. S. ;

7. has approved deferred action status; or

8. has a pending application for adjustment of status to that of an alien lawfully admitted for (a) permanent residence in the U. S. , or (b) conditional permanent resident status in the U. S.

The commissioner must issue a limited term license or identity card if (1) an applicant provides evidence of his or her status in any of categories 4 through 8 above, or otherwise indicates that his or her presence in the U. S. is limited by federal law and (2) the commissioner determines that the applicant has met all other statutory conditions.

This license or card is valid only during the applicant's authorized stay in the U. S. or for one year if there is no definite end to the authorized period of stay. The expiration date must be clearly displayed on the license or identity card, and clearly indicate it is of limited duration.

The bill requires DMV to record the name or use some other means of identifying DMV employees who issue or renew licenses or identity cards.

Under the bill, the commissioner cannot grant an application for renewal or extension of the license term unless the license holder presents evidence that an authorized federal official or agency has extended the license holder's period of authorized stay. The fee for a limited term license or identity card must be pro-rated annually, according to law.

EFFECTIVE DATE: October 1, 2010

12 — MANDATORY REPORTING REQUIREMENTS

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section is not anticipated to result in any fiscal impact to the Department of Motor Vehicles (DMV).

OLR Analysis

The bill requires, rather than allows, physicians to report to DMV, in writing, the name, age, and address of any patient with (1) a chronic health problem the physician believes will adversely affect his or her ability to safely operate a motor vehicle or (2) recurring periods of unconsciousness uncontrolled by medical treatment. It adds licensed physician assistants and advance practice registered nurses to those health professionals who must report this information.

It similarly requires, rather that allows, optometrists to report to DMV the name, age, and address of anyone the optometrist believes has a vision problem that would significantly affect his or her ability to safety operate a motor vehicle. It adds the Board of Education and Services for the Blind as a mandated reporter for people with vision problems.

The bill prohibits anyone from suing these mandated reporters if they make a report to DMV in good faith.

EFFECTIVE DATE: July 1, 2010

13 — SURETY BOND INCREASE

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section is not anticipated to result in any fiscal impact to the Department of Motor Vehicles (DMV).

OLR Analysis

The bill increases, from $ 20,000 to $ 50,000, the amount of a surety bond required of applicants for a new or used car dealer's license.

EFFECTIVE DATE: October 1, 2010

14 — SUSPENSION OR REVOCATION OF DEALER OR REPAIRER LICENSES

OFA Fiscal Impact

Agency Affected

Fund-Effect

FY 11 $

FY 12 $

Department of Motor Vehicles

GF – Revenue Gain

Potential Minimal

Potential Minimal

Note: General=Transportation Fund

Municipal Impact: None

Explanation

The revenue gain from DMV impose sanctions is anticipated to be minimal (less than $ 10,000) annually.

OLR Analysis

Current law authorizes the DMV commissioner to suspend or revoke the license of a motor vehicle dealer or repairer, or impose a civil penalty of up to $ 1,000 per violation, for a number of specified reasons. The bill also allows him to impose these sanctions if the license holder (1) has been convicted either in federal or any state court of a violation (a) of any law pertaining to the motor vehicle dealer, repairer, or recycler business or (b) involving fraud, larceny, or deprivation or misappropriation of property; or (2) has failed to disclose such a conviction. The commissioner may similarly impose these penalties on a licensed firm or corporation if an officer or major stockholder has been convicted of these violations. As under current law, the commissioner must first provide notice and a hearing.

EFFECTIVE DATE: July 1, 2010

15 — APPLYING FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION REGULATIONS TO CERTAIN MOTOR VEHICLES

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section conforms statutory language to federal regulation into statute which has no fiscal impact. It also makes a technical revision to statute language which has no fiscal impact.

OLR Analysis

By law, the commissioner may adopt regulations incorporating Federal Motor Carrier Safety Administration standards and apply them to certain motor vehicles or motor carriers. The bill authorizes the commissioner to apply these federal regulations to motor vehicles designed or used to carry more than (1) eight passengers, including the driver, for compensation or (2) 15 passengers, including the driver, but not for compensation. These definitions conform to federal regulations for commercial motor vehicles (49 CFR 390. 5).

Under current law, the commissioner may apply the federal standards to all vehicles designed to transport more than 15 passengers, including the driver, regardless of whether they are transported for compensation. Current law also allows the commissioner to apply the federal standards to “service buses,” which are vehicles, other than vanpool vehicles or school buses, designed and regularly used to carry at least 10 passengers in private service without charge to the individual (CGS 14-1 (81)).

The bill's effect is to (1) extend the federal standards to vehicles that carry between eight and 15 passengers for compensation and (2) remove from these federal standards those vehicles carrying between 10 and 15 passengers for no compensation.

EFFECTIVE DATE: July 1, 2010

16 — LICENSE SUSPENSION FOR PERSONS UNDER 18 YEARS OLD

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section clarifies statutory language enacted in 2009 by adding specific conditions into statute which has no fiscal impact.

OLR Analysis

Under current law, the commissioner cannot issue a driver's license for at least one year to anyone under age 18 who (1) is convicted of operating without a license and (2) does not have a license at the time of the conviction.

The bill instead bases the commissioner's action on whether the offender had a license at the time of the offense. It allows the commissioner to (1) suspend or (2) refuse to issue a driver's license, for one year, to a person under age 18 convicted of driving without a license if the commissioner determines the offender did not have a license at the time the offense occurred.

EFFECTIVE DATE: Upon passage

17 — EMISSIONS RE-INSPECTION LATE FEE

OFA Fiscal Impact

Agency Affected

Fund-Effect

FY 11 $

FY 12 $

Department of Motor Vehicles

TF – Revenue Gain

Potential Minimal

Potential Minimal

Note: TF=Transportation Fund

Municipal Impact: None

Explanation

The revenue gain from the late fee applied to past due emission re-inspection anticipated to be minimal (less than $ 1,000) annually.

OLR Analysis

Current law imposes a $ 20 late fee if a motor vehicle's emission inspection is performed more than 30 days after the initial assigned inspection date. Anyone whose motor vehicle fails its emission test may return within 60 days for a free re-inspection. The bill allows the commissioner to also charge the $ 20 late fee for an emissions inspection (apparently also for an emissions re-inspection) performed more than 30 days after the expiration date of the assigned re-inspection. As with inspections, the commissioner may waive the late fee for the re-inspection if (1) he finds the delay was due to exigent circumstances or (2) ownership of the vehicle was transferred after the re-inspection, if the new owner has the vehicle inspected within 30 days of registering it.

EFFECTIVE DATE: Upon passage

18 — SERVING PROCESS ON DMV

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section is not anticipated to result in any fiscal impact to the Department of Motor Vehicles (DMV).

OLR Analysis

The bill requires that any process to compel the DMV commissioner to provide a copy of any document from a motor vehicle record, as defined by law (1) must be in writing and (2) cannot be issued until at least seven working days have elapsed since the commissioner received the request for the document. Under current law, these conditions only apply to the process to compel the commissioner to provide a copy of an abstract of a driver's history record.

EFFECTIVE DATE: July 1, 2010

19 — IMPOSING ENHANCED SPEEDING FINES ON COMMERCIAL VEHICLES

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

OFA Fiscal Impact

Agency Affected

Fund-Effect

FY 11 $

FY 12 $

Judicial Dept.

GF - Revenue Gain

Minimal

Minimal

Correction, Dept.

GF - Cost

Potential

Potential

Note: GF=General Fund

Municipal Impact: None

Explanation

This section expands the types of vehicles subject to a fine of $ 150 to $ 200 for operating a truck on: (1) a multiple lane, limited access highway at speeds of between 70 and 85 mph, and (2) any other highway at speeds of between 60 and 85 mph. In 2008 a total of 692 truck speeding violations (traveling at speeds of 60-85 mph) were committed totaling $ 182,576 collected in revenue.

OLR Analysis

The law imposes certain fines on people convicted of speeding, depending on the speed, where the speeding occurred, and the type of vehicle. The fine is between $ 150 and $ 200 on anyone operating a truck on (1) a multiple lane, limited access highway at speeds between 70 and 85 mph and (2) any other highway at speeds between 60 and 85 mph.

The bill expands the types of vehicles subject to the fine. It imposes the fine on anyone operating a motor vehicle (1) in intrastate commerce with a gross vehicle weight rating or gross combination weight rating of 18,001 or more pounds; (2) in interstate commerce with a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds; (3) designed or used to transport more than eight passengers, including the driver, for compensation; (4) designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or (5) used to transport hazardous materials in a quantity requiring placarding under the Hazardous Materials Transportation Act (49 USC App. 1801 et seq. ), unless exempted by law.

EFFECTIVE DATE: October 1, 2010

20 — DEALER'S RETURN OF NUMBER PLATES

OFA Fiscal Impact

Agency Affected

Fund-Effect

FY 11 $

FY 12 $

Judicial Dept.

GF - Revenue Gain

Minimal

Minimal

Correction, Dept.

GF - Cost

Potential

Potential

Note: GF=General Fund

Municipal Impact: None

Explanation

This section makes it an infraction if a licensed motor vehicle dealer does not return number plates, unused application forms and/or other materials the commissioner supplied to enable the dealer to issue new registrations, or complete the temporary transfer of registrations to the commissioner of the Department of Motor Vehicles. An infraction is punishable by a fine of $ 75 - $ 136, and is payable by mail to the Centralized Infractions Bureau of the Judicial Department. 1  Any revenue gain from this infraction would be minimal.

OLR Analysis

The bill requires licensed motor vehicle dealers (1) whose dealer licenses are no longer valid or (2) who are no longer in business to return to the commissioner, within five business days of the license expiration or termination of the business, any (1) number plates or other materials the commissioner supplied to enable the dealer to issue new registrations or complete the temporary transfer of registrations and (2) unused application forms for new registrations or registration transfers. Failure to do so is an infraction.

EFFECTIVE DATE: July 1, 2010

21 — LIMITING DEALERS' REGISTRATIONS

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section conforms statutory language to current practice into statute which has no fiscal impact.

OLR Analysis

By law, the commissioner may withdraw a registration he issued a car dealer or repairer, or limit the number of registrations that a dealer or repairer may receive, in cases where the licensee has violated certain motor vehicle laws. The bill also allows him to withdraw a registration or limit the number of them a dealer or repairer may receive if the commissioner finds that the dealer or repairer does not need so many of them.

EFFECTIVE DATE: Upon passage

22 — PERSONAL APPEARANCE NOT NEEDED FOR CERTAIN DRIVER'S LICENSE RENEWALS

OFA Fiscal Impact

State Impact: Minimal Savings

Municipal Impact: None

Explanation

This section conforms statutory language to Real-ID requirements into statute will not result in a fiscal impact to DMV. Allowing the AAA to renew non-driver license identity cards will result in minimal savings due to operating efficiencies.

OLR Analysis

The bill authorizes the commissioner to renew a driver's license at every other renewal without the licensee's personal appearance in cases where DMV has a digital image of the licensee on file and the licensee has fulfilled all other renewal requirements.

Current law allows automobile clubs and associations to perform license renewals at their office locations. They may charge a convenience fee of up to $ 2 for each transaction. The bill allows them to also renew identity cards for non-drivers and conduct registration transactions, and to charge a maximum $ 2 convenience fee for each of these transactions.

EFFECTIVE DATE: July 1, 2010

23 — ASSESSORS BARRED FROM DISCLOSING CERTAIN INFORMATION

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section is not anticipated to result in any fiscal impact to the Department of Motor Vehicles (DMV).

OLR Analysis

By law, the commissioner must annually provide information to each municipal tax assessor for motor vehicles and snowmobiles subject to property taxes in the assessor's town. The information must include the names and addresses of the owners, and the identification number of each vehicle. The bill prohibits assessors from disclosing any information that the commissioner provides if (1) the commissioner is not required to disclose the information or (2) it is protected from disclosure under state or federal law.

EFFECTIVE DATE: Upon passage

24 — REGISTRATION STICKERS

OFA Fiscal Impact

Agency Affected

Fund-Effect

FY 11 $

FY 12 $

Department of Motor Vehicles

TF – Savings

$ 821,000

$ 821,000

Note: TF=Transportation Fund

Municipal Impact: None

Explanation

Eliminating the mandatory requirement for DMV to issue registration stickers will result an annual savings of $ 821,000 to the Transportation Fund if DMV discontinues issuing new stickers.

It should be noted that a similar provision was included in sHB 5018 (the Appropriations Act, as favorably reported from the Appropriations Committee) for FY 11.

OLR Analysis

Current law requires motorists to display on their rear number plates or elsewhere on their vehicles a sticker noting the date their vehicle registration expires. The bill leaves issuance of these stickers and their placement on the vehicle to the commissioner's discretion. It requires motorists to place such a sticker, if issued, where the commissioner directs.

EFFECTIVE DATE: Upon passage

25 — HANDICAPPED PLACARDS

OFA Fiscal Impact

Agency Affected

Fund-Effect

FY 11 $

FY 12 $

Judicial Dept.

GF - Revenue Gain

Minimal

Minimal

Correction, Dept.

GF - Cost

Potential

Potential

Note: GF=General Fund

Municipal Impact: None

Explanation

This section classifies intentionally making a false certificate in order to receive a handicapped parking placard as a second-degree false statement, which is a class A misdemeanor punishable by up to one year in prison, a $ 2,000 fine, or both. In 2008, 82 people were convicted of making a second-degree false statement, totaling $ 4,660 in fines collected. To the extent that these changes concerning handicapped parking placards increase the likelihood that offenders would be prosecuted or receive harsher penalties than currently provided for, a potential revenue gain from criminal fines and potential cost for incarceration and/or probation supervision in the community would result. On average, it costs the state $ 3,736 to supervise an offender on probation in the community as compared to $ 47,425 to incarcerate the offender.

OLR Analysis

By law, persons with disabilities must present certain certifications to the commissioner verifying they are eligible for handicapped parking placards when seeking or renewing a placard. People with disabilities must present certifications of disability from (1) a licensed physician, (2) physician's assistant, or (3) an advance practice registered nurse. They also must include certification that they meet the definition of a person with a disability that limits or impairs their ability to walk from (1) a licensed physician, (2) advance practice registered nurse, or (3) a member of the handicapped driver training unit. The bill adds a physician's assistant to those who can issue the latter certification. By law, people who are blind and eligible for handicapped placards require certification of legal blindness from an ophthalmologist, optometrist, or the Board of Education and Services for the Blind.

The bill requires that people who make these certifications sign the application or renewal application under the penalty of second-degree false statement (CGS 53a-157b). A person is guilty of this crime if he or she intentionally makes a false written statement under oath or on a form bearing notice to the effect that a false statement is punishable, which he or she does not believe to be true and is intended to mislead a public servant in his official function. Second-degree false statement is a class A misdemeanor punishable by up to one year in prison, a fine of up to $ 2,000, or both.

EFFECTIVE DATE: Upon passage

26 — CDL HOLDERS INELIGIBLE FOR PRETRIAL ALCOHOL EDUCATION PROGRAM.

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section conforms statutory language to current practice and federal requirements into statute which has no fiscal impact.

OLR Analysis

The bill prohibits anyone with a commercial driver's license who is charged with driving under the influence from taking part in the pretrial alcohol education program, regardless of whether they were operating a commercial motor vehicle. The law already prohibits drivers from taking part in the program if they were operating a commercial motor vehicle when they were charged with driving under the influence.

EFFECTIVE DATE: October 1, 2010

27 — CRIMINAL BACKGROUND CHECK FOR DMV EMPLOYEES

OFA FISCAL IMPACT

State Impact: None

Municipal Impact: None

Explanation

This section conforms statutory language to Real-ID requirements into statute will not result in a fiscal impact to DMV. A federal grant to assist states to comply with Real-ID requirements will fund the background check for about 250 DMV employees.

OLR Analysis

Current law requires DMV to subject new employees to state and national criminal history records checks. The bill requires DMV to run formal background checks on all employees who make or produce driver's licenses or identity cards or who have the ability to affect the identity information that appears on them. DMV must conduct a background check that includes name- and fingerprint-based criminal history records checks of federal and state records to determine if the employee has a disqualifying criminal offense under federal law or a disqualifying condition.

DMV must evaluate the criminal history record of any such employee according to the criteria set forth in federal law. If DMV determines such an employee has been convicted of a disqualifying crime, the employee cannot remain employed in such a position. If the employee is found subject to any disqualifying condition, the employee cannot be employed in that position until the disqualifying condition no longer applies.

Federal law (6 CFR 37. 45 (b) (1) and 49 CFR 1572. 103) lists permanent and interim disqualifying crimes. Permanent disqualifying crimes include espionage, sedition, treason, terrorism, and murder. Interim disqualifying crimes include assault with intent to murder, kidnapping, hostage taking, and rape. An interim crime is disqualifying if the employee (1) was convicted of the crime or admits having committed acts that constitute the crime's essential elements in the seven years preceding the date of employment in the covered position or (2) was released from prison within five years before the start of employment in the covered position.

Under federal law (6 CFR 37. 45 (b) (1) (iii) and (iv)), an employee who is wanted or under indictment for a permanent or interim disqualifying crime is disqualified from employment until he or she is no longer wanted or the warrant is released. When a fingerprint-based check finds an arrest for a disqualifying crime without noting a disposition, the state must determine the charge's disposition.

EFFECTIVE DATE: October 1, 2010

28 — LICENSE SUSPENSION DEADLINE

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section conforms statutory language to current practice into statute which has no fiscal impact.

OLR Analysis

By law, the DMV commissioner must suspend the driver's license of a person arrested for driving under the influence who refuses to take a breath test or whose test results indicate an elevated blood alcohol level (administrative per se). A driver whose license has been suspended is entitled to a hearing. Current law requires the commissioner to suspend the driver's license or nonresident operating privilege of a person (1) who fails to contact DMV to schedule a hearing, (2) fails to appear at the hearing, or (3) against whom the commissioner rendered a decision, by either (a) the effective date of the suspension notice or (b) the date the commissioner renders a decision against the driver, whichever is later. The bill requires him to suspend the license or operating privilege by the suspension notice's effective date.

EFFECTIVE DATE: Upon passage

29 — EXEMPTION FOR LAKE PATROLMEN

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section is not anticipated to result in any fiscal impact to the Department of Motor Vehicles (DMV).

OLR Analysis

The bill adds lake patrolmen enforcing boating laws to those people, such as judges and law enforcement officers, who may ask the DMV commissioner, in writing, to disclose or make publicly available their business address rather than home address. Lake patrolmen are appointed by the environmental protection commissioner (CGS 7-151b).

EFFECTIVE DATE: October 1, 2010

30 — STATE MARSHALS ENTITLED TO INFORMATION FROM DMV RECORDS

OFA Fiscal Impact

Agency Affected

Fund-Effect

FY 11 $

FY 12 $

Department of Motor Vehicles

TF - Cost

$ 250,000

$ 35,000 to $ 50,000

Note: TF=Transportation Fund

Municipal Impact: None

Explanation

There is a one-time cost of $ 250,000 in FY 11 and an on-going cost between $ 35,000 and $ 50,000 beginning in FY 12 to DMV to provide online access to motor vehicle records to state marshals. The one-time $ 250,000 cost is for DMV to hire a consultant to develop and implement the mandated online access system. The on-going costs for software license, maintenance and for fees charged by DOIT and COLLECT is anticipated to be in the range of $ 35,000 to $ 50,000 annually.

OLR Analysis

The bill adds state marshals to those people to whom the commissioner may lawfully disclose personal information from motor vehicle records. The state marshal may only use the information in executing or serving process according to law. The commissioner must provide the information by telephone or electronically within a reasonable time.

The law already allows the commissioner to disclose personal information from a motor vehicle record to individuals or organizations that require the information in connection with any civil, criminal, administrative, or arbitral proceeding, including the service of process.

By law, anyone seeking the information must sign and file with DMV, under penalty of false statement (CGS 53a-157b), a statement that the information will only be used for the purpose allowed.

EFFECTIVE DATE: October 1, 2010

31 — PROCESS SERVER'S FEE

OFA Fiscal Impact

Agency Affected

Fund-Effect

FY 11 $

FY 12 $

Department of Motor Vehicles

GF – Revenue Gain

$ 130,000

$ 130,000

Note: GF=General Fund

Municipal Impact: None

Explanation

Increasing the fee from $ 20 to $ 50 is expected to result in an annual revenue gain of $ 130,000 to the General Fund.

OLR Analysis

By law, drivers and owners are deemed to have authorized the commissioner to receive process in a civil action resulting from the operator's or owner's negligence or alleged negligence in the operation of a motor vehicle. The bill increases, from $ 20 to $ 50, the fee the serving officer must leave with the commissioner. As under current law, the fee is taxed in the plaintiff's favor if he prevails in the legal action.

EFFECTIVE DATE: October 1, 2010

32 —DRIVER'S RETRAINING PROGRAM

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section is not anticipated to result in any fiscal impact to the Department of Motor Vehicles (DMV).

OLR Analysis

Current law allows the commissioner to require that violators of certain motor vehicle laws attend a motor vehicle operator's retraining program. The program is offered by DMV or by any organization that conducts a program the commissioner certifies. The bill requires the commissioner to certify the number of such organizations needed to serve the public, and makes licensed driver's schools eligible to offer such a program.

EFFECTIVE DATE: October 1, 2010

33 — ESTABLISHMENT OF NEW FRANCHISES IN A MARKET AREA

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section is not anticipated to result in any fiscal impact to the Department of Motor Vehicles (DMV).

OLR Analysis

Certain notice and hearing requirements apply to manufacturers or distributors seeking to enter into a franchise establishing a new dealer or relocating an existing dealer into a relevant market area where the same motor vehicle line make is represented. These requirements do not apply in certain cases. The bill adds to the exemptions from these requirements the sale of new or used motor vehicles by a licensed new motor vehicle dealer at a public display of motor vehicles sponsored by an association of licensed new motor vehicle dealers representing more than 75% of these dealers in the state. These displays must be permitted annually for up to four consecutive days.

EFFECTIVE DATE: October 1, 2010

34 — REPEAL OF LAW BARRING MINORS FROM POSSESSING ALCOHOL IN A MOTOR VEHICLE

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

This section is not anticipated to result in any fiscal impact to the Department of Motor Vehicles (DMV).

OLR Analysis

The bill repeals the law making it illegal for minors to possess alcohol in a motor vehicle. Under the law, the minor may be summoned for a hearing at DMV, and his or her driver's license revoked for up to 60 days. Another law prohibits minors from possessing alcoholic liquor on a public street or highway (CGS 30-89 (b)). Under this law, a first offense is an infraction, and subsequent offenses subject the minor to fines of between $ 200 and $ 500.

EFFECTIVE DATE: July 1, 2010

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

COMMITTEE ACTION

Transportation Committee

Joint Favorable Substitute

Yea

36

Nay

0

(03/16/2010)

1 In accordance with CGS 51-164m, the judges of the Superior Court establish and maintain a schedule of fines to be paid for the violation of the sections of the general statutes deemed to be infraction.  No such fine may be less than $ 35 or more than $ 90.  In addition to this “base” fine, a cost of $ 35 (pursuant to CGS 54-143a) and a fee of between $ 4 and $ 11 (pursuant to CGS 51-56a(c)) would be included.