[TIPSdiscussion] OUCH this is the BAD BILL CGA HR 6366
- From: John and Anne <tipsnet@xxxxxxxxxxxxxx>
- To: k1qex <k1qex@xxxxxxxxxxx>, Joel Lambert <ab1mu@xxxxxxxxx>, Anne <anne_k1stm@xxxxxxxxxxxxxx>, TIPSdiscussion <tipsdiscussion@xxxxxxxxxxxxx>
- Date: Mon, 21 Mar 2011 20:20:03 -0400
Hi All,
FYI, in the worst way Hartford's been having fun. Why hasn't Newington
been reading the fine print.. $500.00fines, imprisonment, seizure.. a
bit far..
Sorry so long this is the one we should fight READ the definitions and
penalties.. (READ NEW AND 'LOCAL CUT' ) I added the *'s.. Not against
premise (Cell Bill), but..Where do we as Hams stand??
Went through Public Hearing 3/18/2011 onto Judiciary committee.
Letter-writing time.. This is a bad one for everyone..
LINK: http://www.cga.ct.gov/2011/TOB/H/2011HB-06366-R00-HB.htm
73
John N1IWT
Connecticut General Assembly
HR6366 plus Notes
PUBLIC Hearing was Last week 3/18
referred out to Judiciary Committee
AN ACT CONCERNING THE PENALTY FOR USING A CELLULAR TELEPHONE WHILE
OPERATING A MOTOR VEHICLE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 14-296aa of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2011):
(a) For purposes of this section, the following terms have the following
meanings:
(1) "Mobile telephone" means a cellular, analog, wireless or digital
telephone capable of sending or receiving telephone communications
without an access line for service.
(2) "Using" or "use" means holding a hand-held mobile telephone to, or
in the immediate proximity of, the user's ear.
(3) "Hand-held mobile telephone" means a mobile telephone with which a
user engages in a call using at least one hand.
(4) "Hands-free accessory" means an attachment, add-on, built-in
feature, or addition to a mobile telephone, whether or not permanently
installed in a motor vehicle, that, when used, allows the vehicle
operator to maintain both hands on the steering wheel.
(5) "Hands-free mobile telephone" means a hand-held mobile telephone
that has an internal feature or function, or that is equipped with an
attachment or addition, whether or not permanently part of such
hand-held mobile telephone, by which a user engages in a call without
the use of either hand, whether or not the use of either hand is
necessary to activate, deactivate or initiate a function of such telephone.
(6) "Engage in a call" means talking into or listening on a hand-held
mobile telephone, but does not include holding a hand-held mobile
telephone to activate, deactivate or initiate a function of such telephone.
(7) "Immediate proximity" means the distance that permits the operator
of a hand-held mobile telephone to hear telecommunications transmitted
over such hand-held mobile telephone, but does not require physical
contact with such operator's ear.
(8) "Mobile electronic device" means any hand-held or other portable
electronic equipment capable of providing data communication between two
or more persons, including a text messaging device, a paging device, a
personal digital assistant, a laptop computer, equipment that is capable
of playing a video game or a digital video disk, or equipment on which
digital photographs are taken or transmitted, or any combination
thereof, but does not include any audio equipment or any equipment
installed in a motor vehicle for the purpose of providing navigation,
emergency assistance to the operator of such motor vehicle or video
entertainment to the passengers in the rear seats of such motor vehicle.
(b) (1) Except as otherwise provided in this subsection and subsections
(c) and (d) of this section, no person shall operate a motor vehicle
upon a highway, as defined in section 14-1, while using a hand-held
mobile telephone to engage in a call or while using a mobile electronic
device while such vehicle is in motion. An operator of a motor vehicle
who types, sends or reads a text message with a hand-held mobile
telephone or mobile electronic device while such vehicle is in motion
shall be in violation of this section. (2) An operator of a motor
vehicle who holds a hand-held mobile telephone to, or in the immediate
proximity of, his or her ear while such vehicle is in motion is presumed
to be engaging in a call within the meaning of this section. The
presumption established by this subdivision is rebuttable by evidence
tending to show that the operator was not engaged in a call. (3) The
provisions of this subsection shall not be construed as authorizing the
seizure or forfeiture of a hand-held mobile telephone or a mobile
electronic device, unless otherwise provided by law. (4) Subdivision (1)
of this subsection does not apply to: (A) The use of a hand-held mobile
telephone for the sole purpose of communicating with any of the
following regarding an emergency situation: An emergency response
operator; a hospital, physician's office or health clinic; an ambulance
company; a fire department; or a police department, or (B) any of the
following persons while in the performance of their official duties and
within the scope of their employment: A peace officer, as defined in
subdivision (9) of section 53a-3, a firefighter or an operator of an
ambulance or authorized emergency vehicle, as defined in section 14-1,
or a member of the armed forces of the United States, as defined in
section 27-103, while operating a military vehicle, or (C) the use of a
hands-free mobile telephone.
(c) No person shall use a hand-held mobile telephone or other electronic
device, including those with hands-free accessories, or a mobile
electronic device while operating a moving school bus that is carrying
passengers, except that this subsection does not apply to (1) a school
bus driver who places an emergency call to school officials, or (2) the
use of a hand-held mobile telephone as provided in subparagraph (A) of
subdivision (4) of subsection (b) of this section.
(d) No person under eighteen years of age shall use any hand-held mobile
telephone, including one with a hands-free accessory, or a mobile
electronic device while operating a moving motor vehicle on a public
highway, except as provided in subparagraph (A) of subdivision (4) of
subsection (b) of this section.
(e) Except as provided in subsections (b) to (d), inclusive, of this
section, no person shall engage in any activity not related to the
actual operation of a motor vehicle in a manner that interferes with the
safe operation of such vehicle on any highway, as defined in section 14-1.
(f) Any law enforcement officer who issues a summons for a violation of
subsection (b), (c), (d) or (i) of this section shall record, on any
summons form issued in connection with the matter, the specific nature
of any distracted driving behavior observed by such officer that
contributed to the issuance of such summons.
[(g) Any person who violates subsection (b) of this section shall be
fined one hundred dollars for a first violation, one hundred fifty
dollars for a second violation and two hundred dollars for a third or
subsequent violation.
(h) Any person who violates subsection (c) or (d) of this section shall
be fined not more than one hundred dollars.]
**********(g) Any law enforcement officer who issues a summons to a
person for a second or subsequent violation of subsection (b), (c) or
(d) of this section shall, acting on behalf of the Commissioner of Motor
Vehicles, immediately suspend and take possession of the motor vehicle
operator's license of such person or, if such person is a nonresident,
suspend the nonresident operating privilege of such person, for a
twenty-four-hour period.
NEW *********(h) Any person who violates subsection (b), (c) or (d) of
this section shall, for a first violation, be fined one hundred dollars,
and, for a second or subsequent violation, be fined not more than five
hundred dollars or imprisoned not more than three months, or both.
NEW*********(i) An operator of a motor vehicle who commits a moving
violation, as defined in subsection (a) of section 14-111g, while
engaged in any activity prohibited under subsection (e) of this section
shall be fined one hundred dollars in addition to any penalty or fine
imposed for the moving violation.
** LOCALS CUT **(j) The state shall remit to a municipality twenty-five
per cent of the amount received with respect to each summons issued by
such municipality for a violation of this section. Each clerk of the
Superior Court or the Chief Court Administrator, or any other official
of the Superior Court designated by the Chief Court Administrator,
shall, on or before the thirtieth day of January, April, July and
October in each year, certify to the Comptroller the amount due for the
previous quarter under this subsection to each municipality served by
the office of the clerk or official.
Sec. 2. Subsection (b) of section 51-164n of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2011):
(b) Notwithstanding any provision of the general statutes, any person
who is alleged to have committed (1) a violation under the provisions of
section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283,
7-325, 7-393, 8-25, 8-27, 9-63, 9-296, 9-305, 9-322, 9-350, 10-193,
10-197, 10-198, 10-230, 10-251, 10-254, 12-52, 12-170aa, 12-292 or
12-326g, subdivision (4) of section 12-408, subdivision (3), (5) or (6)
of section 12-411, section 12-435c, 12-476a, 12-476b, 12-487, 13a-71,
13a-107, 13a-113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-124, 13a-139,
13a-140, 13a-143b, 13a-247 or 13a-253, subsection (f) of section 13b-42,
section 13b-90, 13b-221, 13b-292, 13b-336, 13b-337, 13b-338, 13b-410a,
13b-410b or 13b-410c, subsection (a), (b) or (c) of section 13b-412,
section 13b-414, subsection (d) of section 14-12, section 14-20a or
14-27a, subsection (e) of section 14-34a, subsection (d) of section
14-35, section 14-43, 14-49, 14-50a or 14-58, subsection (b) of section
14-66, section 14-66a, 14-66b or 14-67a, subsection (g) of section
14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b,
14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first
violation as specified in subsection (f) of section 14-164i, section
14-219 as specified in subsection (e) of said section, subdivision (1)
of section 14-223a, section 14-240, 14-249, 14-250 or 14-253a,
subsection (a) of section 14-261a, section 14-262, 14-264, 14-267a,
14-269, 14-270, 14-275a, 14-278 or 14-279, subsection (e) of section
14-283, section 14-291 [,] or 14-293b, a first violation of section
14-296aa, as amended by this act, section 14-319, 14-320, 14-321,
14-325a, 14-326, 14-330 or 14-332a, subdivision (1), (2) or (3) of
section 14-386a, section 15-33, subsection (a) of section 15-115,
section 16-256, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of
section 16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465,
17a-642, 17b-124, 17b-131, 17b-137 or 17b-734, subsection (b) of section
17b-736, section 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of
section 19a-87a, section 19a-91, 19a-105, 19a-107, 19a-215, 19a-219,
19a-222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335,
19a-336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14,
20-158, 20-231, 20-257, 20-265 or 20-324e, section 20-341l, 20-597,
20-608, 20-610, 21-30, 21-38, 21-39, 21-43, 21-47, 21-48, 21-63, 21-76a,
21a-21, 21a-25, 21a-26 or 21a-30, subsection (a) of section 21a-37,
section 21a-46, 21a-61, 21a-63 or 21a-77, subsection (b) of section
21a-79, section 21a-85, 21a-154, 21a-159, 22-13, 22-14, 22-15, 22-16,
22-29, 22-34, 22-35, 22-36, 22-38, 22-39, 22-39a, 22-39b, 22-39c,
22-39d, 22-39e, 22-49, 22-54, 22-61, 22-89, 22-90, 22-98, 22-99, 22-100,
22-111o, 22-279, 22-280a, 22-318a, 22-320h, 22-324a, 22-326 or 22-342,
subsection (b) or (e) of section 22-344, section 22-359, 22-366, 22-391,
22-413, 22-414, 22-415, 22a-66a or 22a-246, subsection (a) of section
22a-250, subsection (e) of section 22a-256h, section 22a-381d, 22a-449,
22a-461, 23-37, 23-38, 23-46 or 23-61b, subsection (a) or (b) of section
23-65, section 25-37, 25-40, 26-19, 26-21, 26-31, 26-40, 26-40a, 26-49,
26-54, 26-59, 26-61, 26-64, 26-79, 26-89, 26-97, 26-107, 26-117, 26-128,
26-131, 26-132, 26-138, 26-141, 26-207, 26-215, 26-224a, 26-227, 26-230,
26-294, 28-13, 29-6a, 29-109, 29-143o, 29-143z or 29-156a, subsection
(b), (d), (e) or (g) of section 29-161q, section 29-161y, 29-161z,
29-198, 29-210, 29-243, 29-277, subsection (c) of section 29-291c,
section 29-316, 29-318, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-11,
31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-28,
31-32, 31-36, 31-38, 31-38a, 31-40, 31-44, 31-47, 31-48, 31-51, 31-51k,
31-52, 31-52a or 31-54, subsection (a) or (c) of section 31-69, section
31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or 31-134, subsection (i) of
section 31-273, section 31-288, 36a-787, 42-230, 45a-450, 45a-634 or
45a-658, subdivision (13) or (14) of section 46a-54, section 46a-59,
46b-22, 46b-24, 46b-34, 46b-38dd, 46b-38gg, 46b-38kk, 47-34a, 47-47,
49-8a, 49-16 or 53-133, or section 53-212a, 53-249a, 53-252, 53-264,
53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-323, 53-331, 53-344 or
53-450, or (2) a violation under the provisions of chapter 268, or (3) a
violation of any regulation adopted in accordance with the provisions of
section 12-484, 12-487 or 13b-410, or (4) a violation of any ordinance,
regulation or bylaw of any town, city or borough, except violations of
building codes and the health code, for which the penalty exceeds ninety
dollars but does not exceed two hundred fifty dollars, unless such town,
city or borough has established a payment and hearing procedure for such
violation pursuant to section 7-152c, shall follow the procedures set
forth in this section.
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