Transportation Committee
                         JOINT FAVORABLE REPORT
    Bill No.: SB-261
               AN ACT CONCERNING RECOMMENDATIONS BY THE DEPARTMENT OF
        Title: MOTOR VEHICLES.
 Vote Date: 3/3/2021
Vote Action: Joint Favorable Substitute
   PH Date: 1/27/2021
    File No.: 89
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
      THE TRANSPORTATION COMMITTEE
      Rep. Ben McGorty, 122nd Dist.
REASONS FOR BILL:
      This is the Connecticut Department of Motor Vehicles' annual agency update request
      with many provisions carried over from the 2020 legislative session. The bill contains
      various measures meant to increased efficiency & services of the agency through;
      removal of obsolete provision(s), authorizations for online/digital and/or extended
      business interactions (in response to the unique challenges in the Covid-19 health
      pandemic), compliance with federal & state laws, and technical changes.
RESPONSE FROM ADMINISTRATION/AGENCY:
      Commissioner Sibongile Magubane Department of Motor Vehicles (CTDMV)
             Every year the Department of Motor Vehicles submits a proposal to the
      Transportation Committee to ensure compliance with federal requirements, make
      technical changes to statutes and streamline processes. This proposal contains
      language originally submitted in the 2020 legislative package. During the pandemic the
      DMV deployed new processes and technology to enable the agency to deliver critical
      services to customers in a safe manner. Customer convenience continues to be the
      main focus. Therefore, rolling back the changes implemented during Covid would have
      a devastating impact on our ability to service Connecticut businesses and residents.
    Commissioner Katie Dyke Departnmetn of Environmental Protection (DEEP)
                Sections of this bill are highly important for DEEP. This bill sets a fee for
        the Save the Lakes commemorative number plates, and provides for how much
        of that fee is dedicated toward DMVs cost of producing, issuing, renewing and
        replacing such plates and how much of that fee is dedicated toward the
        Connecticut Lakes, Rivers and Ponds Preservation account. The bill clarifies
        that the term Commissioner in section 14-21aa of the general statutes is
        meant to be the Commissioner of DEEP and that the DEEP Commissioner may
        receive private donations to the Connecticut Lakes, Rivers and Ponds
        Preservation account and may provide for the reproduction and marketing of
        the Save our Lakes commemorative plate image for use on a variety of
        merchandise, including clothing, recreational equipment, posters, and more.
                Section 14-283 of the general statutes would be amended to clarify that
        DEEP vehicles operated by DEEP personnel when responding to or during a
        fire or emergency call would fall under the definition of emergency vehicle.
        Helping DEEP emergency responders to get on-site as quickly as possible
        provides valuable support to federal, state and local emergency responders
        during emergency incidents given the potential public health and safety hazards
        associated with exposure to certain environmental and radiological releases.
        The General Assembly may wish to substitute emergency vehicle for
        authorized emergency vehicle. In the alternative, the General Assembly may
        wish to amend the definition of authorized emergency vehicle in section 14-
        1(5) of the general statutes to simply provide that it is a vehicle specified in
        subsection (a) of section 14-283 of the general statutes.
                Marine dealers are already issuing temporary registrations upon the sale
        or transfer of vessels. The revisions proposed in the bill related to section 15-
        144 (e) of the general statutes would allow for marine dealers to issue
        permanent registrations, making for a more efficient and streamlined process
        for the boating public, obviating the need for them to visit a DMV office to
        register their vessels.
    Beverly K. Streit-Kefalas Probate Court Administrator
                  The proposed expansion set forth in Conn. Gen. Stat. sec. 14-16(b) from
          60 to 120 days may cause confusion as to the process to follow and distress to
          family members after a death. And significantly, it may result in legal disputes
          over title ownership. By expanding the transfer application process now set
          forth in Conn. Gen. Stat. sec. 14- 16(b) to 120 days, the Probate Court may
          have already issued a decree allowing the transfer of title or have authorized a
          fiduciary to sell or transfer the motor vehicle title. If a beneficiary were to then
          seek a transfer of title from the commissioner at that juncture, it will give rise to
          disputed ownership claims potentially between family members and cause title
          uncertainty to any third-party purchaser of a motor vehicle after death of the
          original owner.
NATURE AND SOURCES OF SUPPORT:
    Connecticut Association of Optometrists
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              I feel strongly that a vision assessment is truly needed prior to granting a
      drivers license. However, in requiring the vision assessment to be completed
      by a medical professional, in lieu of the DMV, this move will have an impact on
      both drivers and physicians alike. First of all, license applicants will now carry
      the burden of obtaining the appropriate vision screening at a physician's office
      at a cost, possibly not covered by their insurance. Secondly, if a license
      applicant requests "only" a vision screening for DMV purposes, there becomes
      a question of medical / professional liability on the medical professional's behalf.
      For example, what would happen if a person comes in for a simple screening
      (moreover, a screening is NOT equivalent to a comprehensive eye exam) and
      an ocular condition is not discovered because the evaluation was limited to the
      vision and visual field requirements? The DMV would have no accountability by
      performing a vision screening on their premises, but an ophthalmologist or
      optometrist may be at risk if only visual acuity and gross visual fields were
      obtained. Perhaps I may suggest a solution. Rather than removing free vision
      screenings from the DMV offerings, I would suggest allowing EITHER a free
      DMV screening OR a visual assessment certification by the previously-defined
      medical professionals. This gives back the benefit of choice to the constituent
      and providers could perform full eye exams without concern for liability.
Brandon Dufour, Founder and CEO at The Next Street
             Due to the pandemic, the DMV has temporarily allowed our classroom
     sessions to be taught virtually. This has been a silver lining for our industry. The
     DMV has included language in SB 261 to make Virtual Classroom Learning a
     permanent solution, and I support that proposal. We are seeing an increased
     number of students opting into the 30-hour classroom program because of the
     convenient access to the virtual classes. We have lost no education quality in
     the virtual medium and we hear only compliments and praise from our staff and
     customers. We do recommend some clarity for driving schools. Id like to
     suggest a few items to assure that Virtual Learning remains high quality and
     focused on the local roads and driver education needs in Connecticut:
             1. Classes must be taught by a live instructor that is teaching from within
             the State of Connecticut. Pre-recorded lectures or online learning
             modules would drastically reduce the quality of education.
             2. Currently, students must take a quiz at the end of the classroom
             session to assess their understanding of the material. We believe this
             quiz should be law with clear and outstanding penalties for driving
             schools that do not offer quizzes or do not require passing grades before
             completing a student.
             3. Current regulations require classroom locations to be licensed by the
             DMV. Language should be clarified as to where virtual classes can be
             taught from. Most of our instructors are currently broadcasting from their
             homes.
             4. Driving schools should be required to teach both classroom training
             and practical driving lessons. There is a major correlation between the
             theory taught in class and the practical skills behind the wheel. Schools
             teaching only classroom sessions are a disservice to the student.
Tasha Cusson, President of the Connecticut Marine Trades Association (CMTA).
                                                                    Page 3 of 8 SB-261
             The CMTA, which represents nearly 350 member marine or boating
      related businesses and their employees, urges your support of Section 32 of SB
      261, The DMV has been making a number of changes to streamline their
      operations in order to provide a better customer experience for Connecticuts
      citizens. Passage of this provision (Sec. 32) of SB 261 will be one more
      improvement that will benefit the agency and our citizens.
Alicea Charamut, Executive Director Rivers Alliance Connecticut
             This was a much needed and common-sense measure as neglecting to
      provide resources and addressing AIS more uniformly in all of our surface
      waters will ultimately make management in lakes and ponds more challenging 
      not to mention leaving AIS impairments in our rivers unaddressed. Modification
      I recommend a change in the name of the commemorative license plate to
      Save Our Lakes and Rivers for two reasons:
             1. Including rivers more accurately reflects how revenue from the
             commemorative plate can and will be spent.
             2. Including rivers broadens the market of those who would be potentially
             interested in such a commemorative plate, therefore, increasing revenue.
RIVER STEWARD AT THE CONNECTICUT RIVER CONSERVANCY (CRC)
             When aquatic invasive species (ais) are introduced to waterbodies, ais
     outcompete native species and, as a result replace habitat for threatened and
     sensitive speciesThese ais threaten the ecological integrity of the connecticut
     river, as well as the economic viability of local businesses that depend on the
     connecticut river. Sections 5 & 6 pertain to save our lakes commemorative
     license plates to promote awareness of connecticuts waterbodies and direct
     funding to the account established under section 14-21aa through a $60 fee
     applied to the sale of commemorative plates, funds would support ais
     education, planning and management. We strongly support this initiative to
     generate and streamline much needed funding in order to slow the spread of
     ais and manage existing infestations. As noted by rivers alliance, we support
     suggestions to modify the commemorative plate name to save our lakes and
     rivers to accurately represent the distributions of funds and attract a greater
     number of participants to the program.
AMY BLAYMORE PATERSON, ESQ., EXECUTIVE
             Sb 261 builds upon existing legislation (pa 18-101 and pa 19-190),
     establishing a commemorative license plate program to provide a source of
     revenue for municipalities to help address this insidious problem. Clcc supports
     sections 5 and 6 which add detail and specificity with respect to the fees
     charged and revenue generated by the plate. In addition, consistent with
     changes made by pa 19-190, section 6 (d) of sb 261 corrects the name of the
     account to include rivers. In furtherance of that correction, as noted by rivers
     alliance of connecticut, clcc respectfully suggests also changing the name of
     the commemorative license plate to save our lakes and rivers to more
     accurately reflect the extension of the use of the funds to address invasives in
     rivers throughout the state.
CONNECTICUT FEDERATION OF LAKES
                                                                  Page 4 of 8 SB-261
                  Protecting Connecticuts lakes, ponds, and rivers from damage done by
          aquatic invasive species and cyanobacteria has never been more important.
          The Connecticut federation of lakes strongly supports the clarifications and
          improvements that are in sections 5 and 6 of s.b. 261. These measures will help
          protect our state waters and the recreational, environmental, and aesthetic
          value they provide to the citizens of Connecticut.
    AAA ALLIED GROUP AND AAA NORTHEAST
                 AAA also supports sections 12 and 25 of s.b. 261, which allow driver
         education to be taught via distance learning. During the pandemic, AAA has
         virtually taught driver education to hundreds of students, to positive reviews
         from parents and students, and supports making this a permanent option. It
         allows students whose schedules may not permit a regularly scheduled session
         to get the necessary education about safe driving in a professional, engaging
         manner  which is preferable to having those individuals age out of the
         graduated driver licensing laws before they obtain a license.. Allowing
         classroom, virtual classroom, and online learning will enhance access to driver
         education for a wide variety of students, and AAA supports efforts to support all
         such options.
    NATIONAL SAFTEY OCUNCIL (NSC)
                 These changes would allow for the program to be provided in a class or
         online (distance learning) and would make the course accessible in challenging
         times, such as these. NSC is a participant in the orp and successfully
         transitioned to online programming quickly after the pandemic hit. Participants
         in the online program receive the same content as they would in the classroom
         and are able to access it in a safe location convenient to them. Online courses
         can be bookmarked, providing the learners with the ability to start and stop the
         course. Distance learning allows the course to be taught in a consistent manner
         ensuring all learners receive the same training in the same manner. Online
         courses provide immediate bilingual options, closed captioning for the hearing
         impaired, and are secure, ensuring identity verification at registration randomly
         throughout the course.
NATURE AND SOURCES OF OPPOSITION:
    Sal Luciano, President Connecticut AFL-CIO
                   While the Connecticut AFL-CIO supports the goal of reducing consumer
          wait times and enhancing customer service at the DMV, we cannot support this
          bill with the inclusion of lines 757-760. The most effective and cost-effective
          way to improve these essential agency operations is to consult and engage with
          staff who perform them. By working collaboratively with DMV employees who
          serve the public directly, agency leadership can develop unique, specific
          changes to improve Connecticut taxpayers experience, without saddling DMV
          with expensive private consultants and the one-size-fits-all remedies. Instead,
          lines 757-760 provide far too much discretion to the commissioner, opening to
          the door to a variety of no-bid outsourcing schemes that constrain legislative
                                                                     Page 5 of 8 SB-261
       oversight and invite potential corruption. We caution the transportation
       committee from greenlighting the privatization of any state function without first
       requiring the agency to comply with the requirements of the state contracting
       standards board.
John DiSette President of A&R Employees Union Local 4200
             The highlighted proposed language releases all transactions of the DMV
     to outsourced vendors and shifts the mission of the DMV from the sole provider
     of motor vehicle services to an agency detached from the millions of
     transactions taking place. This is a fundamental change in what is expected
     from our government. By taking this step and allowing this language change,
     we would be removing the trust and faith in our government institution and
     handing it over to organizations that have no vested commitment to the role of
     the DMV. The careful cross-checks and processes which have been built into
     the DMV over decades become reduced to a fragmented system of ad hoc
     vendors. We lose the training to identifying fraudulent documentation, we lose
     the training in utilizing multiple systems to validate information, in essence, the
     core security over the States identification cards for individuals and vehicles is
     downgraded.
Kelly McConney Moore American Civil Liberties Union of Connecticut (ACLU-
CT).
              Here, we do not believe that lifetime drivers license bans will reduce
      recidivism, make Connecticut safer, or serve any purpose except to make the
      lives of people living with a criminal record more difficult. Accordingly, we urge
      you to oppose Section 17 when considering Senate Bill 261.
Stacey Zimmerman, SEIU CT State Council
              Lines 757 to 760 give the commissioner far too much discretion. Not just
      not this commissioner specifically but all commissioners in any Department.
      Connecticut ranks 40th per capita of public employees to population, yet we still
      provide tremendous and needed services to our residents. Since the John