OFFICE OF FISCAL ANALYSIS

Legislative Office Building, Room 5200

Hartford, CT 06106 (860) 240-0200

http: //www.cga.ct.gov/ofa

sSB-414

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

AMENDMENT

LCO No.: 4904

File Copy No.: 265

Senate Calendar No.: 195

OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 11 $

FY 12 $

Department of Motor Vehicles

General Fund and Transportation Fund - See Below

See Below

See Below

Various State Agencies

GF - See Below

See Below

See Below

Note: GF=General Fund

Municipal Impact: None

Explanation

The amendment strikes the language of the original bill and eliminates the associated fiscal impact.

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

OLR SUMMARY:

This bill:

1. imposes penalties on school bus operators who fail to inspect, maintain, and repair the buses ( 45 and 48) ;

2. requires, rather than allows, the installation of ignition interlock devices on vehicles driven by people convicted of driving under the influence (DUI) for the second time in 10 years, and imposes a $100 ignition interlock fee ( 46 and 6) ;

3. requires that all people and firms that operate a wrecker be licensed, regardless of whether or not they tow for compensation, and that each wrecker be registered ( 62) ;

4. 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) ;

5. 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) ;

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

7. prohibits municipal assessors and tax collectors 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) ;

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

9. authorizes the commissioner to renew a driver's license or non-driver's identity card with the licensee or card-holder needing to appear in person only at every other renewal ( 22) ;

10. requires the DMV commissioner to conduct state and national criminal history record checks on, and check the state child abuse and neglect registry for, applicants seeking or renewing a license to conduct a driving school ( 39) ;

11. authorizes the DMV commissioner to (a) create a master instructor license, (b) charge certain applicants late fees in certain instances, and (c) revoke instructors' licenses in certain situations ( 40) .

12. bars the commissioner from issuing classroom-only instructor licenses after September 30, 2010 ( 42) ; and

13. exempts certain nonprofit organizations from requirements applicable to “carriers ( 37) .”

The bill also makes a number of changes to laws affecting commercial driver's license (CDL) holders, activity vehicles, motor vehicles in livery service, seat belts requirements, fingerprinting, the driver's retraining program, motor vehicle dealers and repairers, and motor vehicle recyclers, state marshals, and two truck operators. It also makes technical changes.

EFFECTIVE DATE: Various, see below.

The amendment does the following:

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.

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 — IGNITION INTERLOCK FEES

OFA Fiscal Impact

Agency Affected

Fund-Effect

FY 11 $

FY 12 $

Department of Motor Vehicles

Interlock Administration Account (non-lapsing account GF) – Revenue Gain

Minimal

Minimal

Note: GF=General Fund

Municipal Impact: None

Explanation

The revenue gain to the Ignition Interlock Administration Account from the $100 fee impose on the installation of interlock devices is anticipated to be minimal (less than $ 40, 000) annually.

OLR Analysis

By law, the commissioner may permit certain individuals whose license has been suspended after being convicted of driving under the influence to operate a motor vehicle on which an ignition interlock has been installed. An ignition interlock prevents a driver from operating a vehicle if it detects a predetermined level of alcohol on the driver's breath. The bill requires these individuals to pay a $100 fee before the device is installed, and requires the commission to deposit these fees in a separate, non-lapsing account in the General Fund, which the bill creates. He must use the money in this account to administer the ignition interlock program.

EFFECTIVE DATE: July 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: January 1, 2011

12 — 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

By law, physicians may 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. The bill adds licensed physician assistants and advance practice registered nurses to those health professionals who may do so. The law similarly authorizes 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 safely operate a motor vehicle. The bill prohibits anyone from suing these physicians, physician assistants, advance practice registered nurses, and optometrists 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) .

The bill excludes student transportation vehicles from the first category. By law, a student transportation vehicle is a vehicle that a carrier uses to transport students, other than a registered school bus. The state already regulates these vehicles.

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 (except for student transportation 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) applications for new registrations or registration transfers that the dealer did not act on or complete when conducting its business. 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 or non-driver's identity card at every other renewal without the licensee or card holder's personal appearance in cases where DMV has a digital image of the licensee or card holder on file and the licensee or card holder 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 and tax collectors 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 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 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 — MOTOR CARRIER INDEMNITY AGREEMENTS

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 makes void and unenforceable any provision, clause, covenant, or agreement in a “motor carrier transportation contract” that indemnifies, defends, or holds harmless an “indemnitee” from or against liability for loss or damage his or her negligence or intentional acts or omissions caused. It specifies that it does not apply to contracts or agreements for moving household goods. (Though the bill does not define “indemnitee, ” it presumably means a shipper or other person that is not the motor carrier.)

It defines “motor carrier transportation contract” as a contract, agreement, or understanding entered into, renewed, modified, or extended on or after July 1, 2010 about (1) transporting property for compensation or hire; (2) entering public or private property to load, unload, or transport property for compensation or hire; or (3) a service incidental to either (1) or (2) . The bill excludes from the definition the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America and any other agreements providing for the interchange, use, or possession of intermodal chassis or containers or other intermodal equipment.

EFFECTIVE DATE: July 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. DMV must reassign such an employee to a different position in the department.

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

$ 25, 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 $ 25, 000 and $ 50, 000 beginning in FY 12 to DMV to implement and administer a facsimile transmission process for state marshals access to motor vehicle records telephone facsimile machine transmission. The one-time $ 250, 000 cost is for DMV to hire a consultant to develop and implement a process for payment collection and validation before transmitting by telephone facsimile machine motor vehicle records to state marshals. The on-going costs for software license, maintenance and for fees charged by DOIT and COLLECT are anticipated to be in the range of $ 25, 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 marshal may request the information, and the commissioner must provide it, by fax or another means the commissioner requires, in 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. Participants must pay a fee of up to $60, of which the commissioner may retain up to $10 to implement the program. The bill eliminates the commissioner's ability to retain this portion of the fee, specifies the procedure entities must follow to obtain certification, and establishes a $350 application fee. It allows any licensed driving school to seek certification to offer the program.

Under the bill, certification is valid for two years and is not transferable. Re-certification is at the commissioner's discretion and in the form and manner he determines.

The bill (1) requires the commissioner's designee or an instructor he approves to teach the program, and (2) allows the commissioner to determine the number of providers needed to serve the public. Driving schools seeking to offer the program must submit a $350 application fee to DMV and request certification on a DMV-prescribed form.

Each applicant for certification or re-certification must (1) be registered to do business in the state, (2) be continuously in good standing with the secretary of the state, (3) have a permanent place of business in the state where it must keep program records accessible to the commissioner during normal business hours, (4) submit for the commissioner's approval a detailed curriculum, lesson plan, and any program changes, and (5) electronically transmit enrollment and class completion information to the commissioner when and how he prescribes. An applicant also must file and continuously maintain a $50, 000 surety bond. The bond must be (1) conditioned on the applicant complying with federal and state law and regulations relating to the conduct of the retraining program and (2) provided to indemnify any loss or expense the state or any person sustains because of the provider's acts or failure to act. The bond must be executed in the name of the state of Connecticut for the benefit of an aggrieved party, but it cannot be forfeited except on the commissioner's order following a hearing conducted according to the Uniform Administrative Procedure Act.

Before certifying an applicant, the commissioner must investigate his or her character, driving history, and criminal history, and, if the applicant is a business entity, that of its principals and officers. The applicant must submit to DMV any information pertaining to past or current criminal or civil actions.

EFFECTIVE DATE: January 1, 2011

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 — MOTOR VEHICLES IN LIVERY SERVICE

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

It exempts from laws applying to motor vehicles in livery service a motor vehicle operated by or through a community-based regional transportation system for the visually impaired. Motor vehicles in livery service, with some exceptions, are vehicles used by a person, association, limited liability company, or corporation in the business of transporting passengers for hire.

EFFECTIVE DATE: July 1, 2010

35 – 38 — ACTIVITY VEHICLES AND THE DEFINITION OF “CARRIER” AND “STUDENT TRANSPORTATION VEHICLE”

OFA Fiscal Impact

State Impact:

Agency Affected

Fund-Effect

FY 11 $

FY 12 $

Department of Motor Vehicles

TF - See Below

Minimal

Minimal

Note: TF=Transportation Fund

Municipal Impact: None

Explanation

These sections will result in the Department of Motor Vehicles (DMV) having to modify current regulations to reflect the endorsement revision in this bill. This will result in a minimal fiscal impact (less than $5, 000) to DMV.

The bill also clarifies the definition of “Carrier” and has no fiscal impact.

OLR Analysis

Under motor vehicle law, a carrier includes a person, firm, or corporation that, for compensation, provides transportation exclusively to people under age 21. Carriers are subject to certain laws and regulations. The bill (1) expands the class of carriers to include those people, firms, and corporations engaged in providing transportation primarily for people under age 21 for compensation and (2) exempts from carrier laws and regulations corporations, institutions, and nonprofit organizations that do not provide transportation primarily for people younger than 18 as their main purpose.

The bill specifies that a ”student transportation vehicle” is any motor vehicle, except for a registered school bus, that transports students to or from (1) school, (2) school programs, or (3) school sponsored events. It eliminates the subcategory of, and corresponding operator's license endorsement for, “activity vehicles.” Under current law, these are a type of student transportation vehicle that brings students to school-sponsored events and activities, but does not bring them to or from school.

EFFECTIVE DATE: July 1, 2011

39 - 42 — LICENSING OF DRIVERS' SCHOOLS AND DRIVING INSTRUCTORS

OFA Fiscal Note

State Impact: None

Municipal Impact: None

Explanation

These sections conforms statutory language to current practice and has no fiscal impact.

OLR Analysis

The bill requires the DMV commissioner to conduct state and national criminal history record checks on, and check the state child abuse and neglect registry for, applicants seeking or renewing a license to conduct a driving school.

It requires DMV to conduct the same formal criminal history record and registry checks on anyone seeking to become a driving instructor or to renew an instructor's license. Under current law, an applicant for an instructor's license must provide the commissioner with evidence that he or she is of good moral character, considering his or her (1) criminal record and (2) child abuse and neglect registry record, if any.

The bill also authorizes the DMV commissioner to (1) create a master instructor license, (2) charge certain applicants late fees in certain instances, and (3) revoke instructors' licenses in certain situations. It changes the duration of driving school and instructor licenses, bars the commissioner from issuing classroom-only instructor licenses after September 30, 2010.

DRIVING SCHOOL LICENSE

The bill requires the DMV commissioner to determine whether to issue to or renew a driving school license of an applicant with a criminal record or who is listed on the child abuse registry according to standards and procedures set out in law and regulation.

It makes a license to conduct a driving school valid for one year, instead of the calendar year in which it is issued.

The bill maintains the $ 350 license renewal fee and an $ 88 fee for each additional place of business. It authorizes the commissioner to charge an additional $ 350 late fee if he has not received a complete renewal application before the applicant's license expires. It eliminates a requirement that an applicant renewing a license provide a security deposit.

INSTRUCTOR'S LICENSE

By law, driving instructors must provide the commissioner with evidence they are of good moral character considering their criminal record and listing, if any, on the state child abuse registry. The bill subjects them to a formal state and national criminal history record check. If an applicant seeking or renewing a driving instructor's license has a criminal record or is listed on the child abuse registry, the commissioner must decide whether to grant the license according to standards and procedures set out in law and regulation.

The bill requires each applicant to be fingerprinted when he or she applies for an instructor's license. Under current law, the applicant is fingerprinted after successfully completing an examination and meeting all other licensure requirements.

Under current law, the applicant must show the commissioner that he or she has (1) held a driver's license for the past four years and (2) not been convicted of a drug or alcohol-related offense in that time. Under the bill, the applicant must also show that he or she has not had an administrative license suspension for a drug or alcohol-related offense during those four years. An administrative license suspension occurs when a driver refuses to submit to drug or alcohol testing or when his or her test results indicate an elevated blood alcohol level.

The bill requires a licensed instructor to notify the commissioner within 48 hours of an (1) arrest for, or conviction of, a misdemeanor or felony or (2) arrest, conviction, or administrative license suspension for a drug- or alcohol-related offense.

It reduces, from three months to one month, the length of time an applicant for an instructor's license must wait before retaking a test he or she failed.

It makes the license valid for one year, rather than for the calendar year in which it was issued.

License Revocation

Under current law, the commissioner may suspend or refuse to renew an instructor's license for several reasons, including the failure to comply with (1) laws on driving schools or (2) regulations establishing instructional standards of procedure. The bill allows the commissioner to also revoke an instructor's license for these reasons, and expands the grounds on which he may suspend, revoke, or refuse to renew a license to include failing to comply with any regulations the commissioner adopts on driving schools.

MASTER INSTRUCTOR'S LICENSE

The bill authorizes the commissioner to adopt regulations creating standards and procedures to train and license master instructors to train driving instructors. Master instructors are subject to the same application procedures as driving instructors.

It sets a $ 100 fee for a master instructor's license and renewal, and requires an additional $ 100 late fee if the commissioner does not receive a complete renewal application and fee before the license expires.

CLASSROOM-ONLY INSTRUCTORS

Under current law, the commissioner must adopt regulations requiring him to issue licenses allowing certain driving instructors to teach only in a classroom, and not on the road. The bill bars the commissioner from issuing these classroom-only licenses on or after October 1, 2010, but permits classroom-only instructors who receive such a license before then to keep and renew it.

EFFECTIVE DATE: Upon passage for the termination of the classroom-instructor license and provisions on instructor license revocation; July 1, 2010 for changes to the application procedures for applicants seeking to conduct driving schools; and October 1, 2010 for changes in the application procedure and license conditions for driving instructor applicants and authorization of a program to train and license master instructors.

43 — MOTOR CARRIER ADVISORY COUNCIL

OFA Fiscal Note

State Impact: None

Municipal Impact: None

Explanation

These sections conforms statutory language to current practice and has no fiscal impact.

OLR Analysis

By law, the Motor Carrier Advisory Council serves as a forum for motor carrier industry representatives to meet with representatives of state agencies that regulate the commercial transportation industry. Among other things the council, composed of representatives of the departments of transportation, motor vehicles, public safety, and other state agencies, must meet before the start of each regular legislative session about bills affecting the industry. The bill requires this meeting to take place instead after the start of each session.

EFFECTIVE DATE: Upon passage

44 — RECYCLER FEES

OFA Fiscal Impact

Agency Affected

Fund-Effect

FY 11 $

FY 12 $

Department of Motor Vehicles

TF – Revenue Gain

Minimal

Minimal

Note: TF=Transportation Fund

Municipal Impact: None

Explanation

The revenue gain from the DMV registration requirement is anticipated to be minimal (less than $ 1, 000) annually.

OLR Analysis

By law, motor vehicle recyclers apply to DMV for a “general distinguishing number and mark” which, once issued, constitutes registration for all vehicles it owns. The bill specifies that a recycler pay at an annual rate of $70 to register each motor vehicle under its general distinguishing number and mark. Current law requires these recyclers to pay $70 for each number plate provided. Recycler licenses are valid for two years.

EFFECTIVE DATE: Upon passage

45 and 48 — SCHOOL BUS PENALTIES

OFA Fiscal Impact

Agency Affected

Fund-Effect

FY 11 $

FY 12 $

Department of Motor Vehicles

TF – Revenue Gain

Minimal

Minimal

Note: TF=Transportation Fund

Municipal Impact: None

Explanation

The revenue gain from the $2, 500 civil penalty is anticipated to be minimal (less than $ 50, 000) annually.

OLR Analysis

The bill imposes a civil penalty of up to $2, 500 on school districts, school bus operators, and other people, firms, and organizations that transport students and file with the DMV commissioner, under penalty of false statement, a report or other document containing one or more false statements relating to the maintenance, repair, or use of a school bus or motor vehicle used to transport students.

Each false statement is subject to a separate penalty.

The bill requires the commissioner to adopt regulations governing the inspection, registration, operation and maintenance of motor vehicles carriers use to transport any student, rather just special education students. State regulations already cover these vehicles (Conn. Agency Regs. 14-275c-36 et seq.)

It imposes a maximum $2, 500 fine per violation on people, firms, or organizations that:

1. fail to inspect, maintain, or repair, on a schedule set by the commissioner, a school bus or vehicle used to transport students;

2. fail to make, keep, or provide for DMV inspection a record it is required to make, keep, or provide;

3. refuse to allow DMV to inspect a school bus or vehicle used to transport students;

4. remove an out-of-service sticker from a school bus or vehicle used to transport students before repairs to the vehicle have been satisfactorily completed;

5. fail to inspect or repair a vehicle defect a driver has reported on his or her vehicle inspection report; or

6. fail to require a driver to prepare and submit a driver's vehicle inspection report for each school bus or motor vehicle used to transport students that the driver operates.

From July 1, 2010 until July 1, 2011, the penalties apply to:

1. school districts, educational institutions providing elementary or secondary education, and people, firms or corporations that transport school children;

2. anyone transporting exclusively people younger than age 21 for compensation; and

3. corporations, institutions, and nonprofit organizations that provide transportation as an ancillary service to people younger than 18.

Starting July 1, 2011, the penalties apply to:

1. school districts educational institutions providing elementary or secondary education, and people, firms or corporations that transport students; and

2. anyone transporting primarily people under age 21 for compensation. (See 37) .

EFFECTIVE DATE: July 1, 2010

46 and 47 — IGNITION INTERLOCKS

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

Under current law, a person convicted of driving under the influence (DUI) for a second time in 10 years is subject to a license suspension of three years or until the offender's 21st birthday, whichever is longer. However, in a case where the second conviction is based solely on alcohol use, the offender may apply to have an ignition interlock installed on his or her vehicle. If the offender qualifies, regardless of age, his or her license is suspended for one year, followed by two years where the offender may only operate a vehicle on which such a device has been installed.

The bill conforms the law to current practice by requiring, rather than allowing, installation of an interlock device for such second offenders. For offenders age 21 and over, it imposes a mandatory one-year suspension and installation of the interlock for the two following years. It applies these penalties to all drivers older than 21 convicted of a second DUI violation in 10 years, rather than only those convicted based solely on alcohol use.

For offenders under age 21 it imposes a suspension of three years or until the offender's 21st birthday, whichever is longer, and bars operation of a motor vehicle without an interlock device for the two years following completion of the suspension.

EFFECTIVE DATE: October 1, 2010

49 — Forwarding DMV Notifications

OFA Fiscal Impact

Agency Affected

Fund-Effect

FY 11 $

FY 12 $

Department of Motor Vehicles

TF – Savings

Minimal

Minimal

Note: TF=Transportation Fund

Municipal Impact: None

Explanation

Allowing the DMV to accept U. S. Postal Service change of address notices will result in minimal savings (less than $ 15, 000) due to operating efficiencies.

OLR Analysis

The bill allows the DMV commissioner (1) in cases where an individual has not notified DMV of an address change as required by law and (2) on receiving notification from the U.S. Postal Service that an individual with a driver's license, identity card, or registration for a motor vehicle, snowmobile, or vessel has changed his or her address, to send any mail related to the license, card, or registration to the address on file with the postal service. It also allows the commissioner to change that person's motor vehicle records accordingly.

EFFECTIVE DATE: July 1, 2010

50 — FINGERPRINTING

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

This bill requires employees of the Division of State Police in the Department of Public Safety (DPS) and local police departments to collect fingerprints for criminal history record checks or other noncriminal purposes (e.g., employment) if (1) this is part of their duties and (2) the person making the request lives or works in the town where the department or division is located. It allows municipalities to limit the hours and charge a reasonable fee for collecting fingerprints. (Currently some municipalities charge for this service; others do not. The fees vary.) If a municipality submits fingerprints electronically to DPS, it must charge the person providing the fingerprints all applicable state or federal fees and forward these fees to DPS each month.

EFFECTIVE DATE: July 1, 2010

51 — 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: October 1, 2010

52 & 53 — Motor Vehicle Inspectors

OFA Fiscal Impact

Agency Affected

Fund-Effect

FY 11 $

FY 12 $

Judicial Dept.

GF – Revenue Gain

Potential Minimal

Potential Minimal

Judicial Dept. (Probation) ; Correction, Dept.

GF – Cost

Potential

M Potential

Note: GF = General Fund

Municipal Impact: None

Explanation

These sections makes interfering with the duties of a motor vehicle inspector a class A misdemeanor, punishable by up to one year in prison, a $2, 000 fine, or both. To the extent that these changes 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, a person is guilty of interfering with an officer when he or she obstructs, resists, hinders, or endangers a peace officer, special policeman, or firefighter in the performance of his or her duties. The bill makes a person who similarly hinders a motor vehicle inspector guilty of this crime, which is a class A misdemeanor, punishable by up to one year in prison, a $2, 000 fine, or both. The bill also makes a technical change.

EFFECTIVE DATE: October 1, 2010

54 - 60 — TECHNICAL CORRECTION

OFA Fiscal Impact

State Impact: None

Municipal Impact: None

Explanation

These sections make technical revision to statutory references and have no fiscal impact.

OLR Analysis

EFFECTIVE DATE: : October 1, 2010

61 & 62 — Wreckers

OFA Fiscal Impact

Agency Affected

Fund-Effect

FY 11 $

FY 12 $

Department of Motor Vehicles

TF – Revenue Gain

Minimal

Minimal

Note: TF=Transportation Fund

Municipal Impact: None

Explanation

The revenue gain from the $125 fee imposed on wreckers that tow for no compensation is anticipated to be minimal (less than $ 25, 000) annually.

OLR Analysis

By law, wreckers who tow or transport, for compensation, disabled, inoperative, or wrecked vehicles or vehicles being removed according to law, must be licensed as a motor vehicle dealer or repairer. The bill requires all wreckers to be licensed, and registered, regardless of whether they receive compensation (see BACKGROUND) . The registration fee for each wrecker is $125, renewed biennially. It excludes from this requirement automobile clubs and associations, recyclers, and people firms, and corporations in the business of repossessing motor vehicles for lending institutions, and people towing vehicles they own or lease.

Under current law only a police officer may direct that a wrecker remove a mini-motorcycle, dirt bike, snowmobile, or other motorized personal property that has been abandoned on private property. The bill also allows the owner of the property on which the item has been abandoned to direct a wrecker to remove it. As under current law, the wrecker must notify the owner of the abandoned property where he has taken the property within 48 hours, and may sell or dispose of this property if its owner does not claim it within 30 days.

The bill changes the equipment wreckers must have. It requires a spot light beam to be mounted so that is can be directed toward the hoisting equipment in the rear of the wrecker, rather than so it can be shown in all directions. It requires two flashing yellow lights to be installed on the wrecker as close to the back of the cab as practicable, rather than simply “near” the back of the cab. These lights must be displayed when the wrecker is towing any vehicle, not only a disabled vehicle.

EFFECTIVE DATE: October 1, 2010

63 — 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 out years.

BACKGROUND

Wrecker

By law, a wrecker is a vehicle registered, designed, equipped and used for the purposes of towing or transporting wrecked or disabled motor vehicles for compensation or for related purposes by a person, firm or corporation licensed according to law or a vehicle contracted for the consensual towing or transporting of one or more motor vehicles to or from a place of sale, purchase, salvage, or repair (CGS 14-1 (102) ) .

The preceding Fiscal Impact statement is prepared for the benefit of the members of the General Assembly, solely for the purposes of information, summarization and explanation and does not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.