Legislative History for Connecticut Act PA 16-54 HB5403 Senate 2620-2652, 2746-2747 35 Judiciary 1141, 1149-1152, 1189- 93 1190, 1193-1195, 1199- 1201, 1203-1204, 1232- 1236, 1275-1279, 1280- 1287, (1287-1289), 1290- 1292, 1293-1295, 1328, 1332, 1383-1431 House Transcripts have not been received. They are available 128 on CGA website, but are not the Official copy. Contact House Clerk for assistance (860) 240-0400 Transcripts from the Joint Standing Committee Public Hearing(s) and/or Senate and House of Representatives Proceedings Connecticut State Library Compiled 2017 S - 698 CONNECTICUT GENERAL ASSEMBLY SENATE PROCEEDINGS 2016 VOL. 59 PART 8 2400 – 2750 002620 cf 176 Senate May 3, 2016 0 Thank you, Senator Larson. Will you remark further? Will you remark further? Senator Osten, you have the floor, Madam. SENATOR OSTEN (19TH): Thank you very much, Madam President. Madam President, if there's no objection, I would move this bill to the Consent Calendar. THE CHAIR: Seeing no objection without -- so ordered, Madam. Will the clerk please return to the call. THE CLERK: Page 20, Calendar Number 504, Substitute for House Bill Number 5403, AN ACT INCREASING PENALTIES FOR 0 FAILURE TO YIELD TO PEDESTRIANS IN CROSSWALKS AND FAILURE TO EXERCISE DUE CARE TO AVOID HITTING A PEDESTRIAN OR CYCLIST. THE CHAIR: Senator Coleman. You have the floor, sir. SENATOR COLEMAN (2ND): Thank you very much, Madam President. Good to see you up there. THE CHAIR: Likewise. SENATOR COLEMAN (2ND) : () 002621 cf 177 Senate May 3, 2016 0 Madam President, I move acceptance of the Joint Committee's favorable report and passage of the bill in concurrence with the House. THE CHAIR: Motion is acceptance and passage in concurrence with the House. Will you remark, Senator Coleman? SENATOR COLEMAN (2ND): Yes. Thank you very much. I will remark. Madam President, with the increased activity on our roads, increased pedestrian traffic and people walking and jogging for exercise as well as cyclists as well as those operating motor vehicles, it only makes sense that we pay attention to doing what we can to influence respect for the rules regarding sharing of 0 the road and this bill that's before us at this moment seeks to do that by increasing the penalties for failure to yield to pedestrians in crosswalks and the penalties for failure to exercise due care to avoid hitting a pedestrian or cyclist. It is hoped that increasing the penalties for such violations would act as some deterrent to motorists who may engage in careless activity and put the other users of the road and particularly in crosswalks in some jeopardy. And so what this bill does is to increase the penalty from the status as an infraction through an actual fine and the monetary fine, in connection with violation of either of these offenses would be $500. Madam President, as I indicated, I think it is incumbent upon us to make certain that the rules 0 002622 cf 178 Senate May 3, 2016 0 regarding the sharing of the road are respected and are adhered to and we do that for the benefit of the well-being of not only motorists but pedestrians and people who are jogging and riding bicycles and alike. I would ask my colleagues in the Senate here to support this bill. Thank you, Madam President. THE CHAIR: Thank you, Senator Coleman. Will you remark? Senator Kissel, you have the floor sir. SENATOR KISSEL (7TH) : Thank you very much, Madam President. Great to see you up there on this lovely Tuesday evening. THE CHAIR: Lovely, sir. SENATOR KISSEL (7TH) : Well, it is. As we stride towards the end of our regular session. Just some questions through you, Madam President, to the proponent of the bill. THE CHAIR: Yes. Please frame your questions, sir. SENATOR KISSEL (7TH) : My first question-- so is it-- it's· my understanding that there's two parts to this bill? 0 002623 cf 179 Senate May 3, 2016 0 One is folks in cross walks and the/other one are folks on the side of the road. Is that what this is, or where am I wrong on that? Through you, Madam President. THE CHAIR: Senator Coleman, you have the floor. SENATOR COLEMAN (2ND) : Thank you, Madam President. There are in fact, two statutes that are involved. One is a statute that requires individuals operating motor vehicles exercise due care to avoid colliding with pedestrians or cyclists and the other requires motorists to be careful regarding individuals including blind people who are in the crosswalk in 0 the road that's being traveled. Through you, Madam President. THE CHAIR: Thank you. To you, Senator Kissel. SENATOR KISSEL (7TH): Thank you very much, and through you, I know that a lot of times when I'm up in Massachusetts especially, for example, Great Barrington or.North Hampton, folks do not hesitate to just walk if there's a crosswalk-- just walk into the-- into the road, even if there's traffic and I guess there's a-- an understanding and it's-- and it's followed by folks that pedestrians have the right of 0 002624 cf 180 Senate May 3, 2016 way so they could just walk into the crosswalk. Sometimes I think it's fairly risky. I have noticed though, that here in Connecticut, people are much more hesitant to do that, but I don't know if -- if our law is the same as the -- the good commonwealth to our North. Can a person just walk into a crosswalk or do they need a signal that would allow them to do that? Through you, Madam President. THE CHAIR: To you -- to you, Senator Coleman. SENATOR COLEMAN (2ND) : Through you, Madam President. To the best of my knowledge, pedestrians are encouraged to -- as well, 0 follow the rules of the road, however, this statute 14-300 would require those operating a motor vehicle to yield to pedestrians who are in the crosswalk. Through you, Madam President. THE CHAIR: Thank you, sir. Senator Kissel, you have the floor. SENATOR KISSEL (7TH) : Thank you very much, and through you, Madam President. So on the crosswalk portion of this bill, I think I heard the good Senator say that the penalties will not be up -- well, $500. Is that up --up to $500 or is that $500, there's no variance. 0 002625 cf 181 Senate May 3, 2016 0 THE CHAIR: To you, Senator Coleman. SENATOR COLEMAN (2ND) : Thank you Madam President, and through you to Senator Kissel. The specific language is not more than $500. Through you, Madam President. THE CHAIR: You have the floor, Senator Kissel. SENATOR KISSEL (7TH) : Thank you very much, and through you, Madam 0 President. And we're raising it to not more than $500 from what is it right now? Through you, Madam President. THE CHAIR: To you, Senator Coleman. SENATOR COLEMAN (2ND): Thank you, Madam President. Formerly, it was an infraction and the amount of the penalty -- monetary penalty was $90. Through you, Madam President. THE CHAIR: 0 002626 cf 182 Senate May 3, 2016 0 Senator Kissel, you have the floor. SENATOR KISSEL (7TH): Thank you very much, and through you, Madam President. Even though this bill wants to change it to up to $500, would it still not be an infraction? Through you, Madam President. THE CHAIR: You have the floor, Senator Coleman. SENATOR COLEMAN (2ND): Thank you, Madam President. Because the procedure remains the same, and that is the procedure for how 0 to meet the obligations of an infraction, remain the same, even though the amount is $500, the -- the penalty would continue to be considered or treated as an infraction. THE CHAIR: You have the floor -- SENATOR COLEMAN (2ND): Through you, Madam President. THE CHAIR: You have the floor, Senator Kissel. SENATOR KISSEL (7TH): 0 002627 cf 183 Senate May 3, 2016 Thank you very much, and through you, Madam President. Again, on the crosswalk portion of the bill, so -- and when we say infraction that just means you're getting-- you're getting a ticket by the citing officer. Through you, Madam President. THE CHAIR: Senator Coleman, you have the floor. SENATOR COLEMAN (2ND) : Yeah, to be more precise, I said we'd be treating it -- continue to treat it as an infraction. It would not be a crime because the procedure for an infraction is being followed. It would be considered a motor vehicle offense but not a crime and technically not an infraction, because an infraction is defined as more -- as an offense for which the penalty is less than a $100 fine. Through you, Madam President. THE CHAIR: Thank you, sir. Senator Kissel. SENATOR KISSEL (7TH) : Okay. So -- so it -- through you, Madam President, I believe the good Senator is clarifying that it is not an infraction so I guess the scale that we have is infraction, $100 or less, motor vehicle offense, anything over $100, and then we probably start 0 002628 cf 184 Senate May 3, 2016 winding our way into crimes, starting with misdemeanor and then ultimately, felonies. Would that be correct? Through you, Madam President. SENATOR COLEMAN (2ND) : Through you, Madam President, that is -- that is THE CHAIR: You have the floor, Senator Coleman. SENATOR COLEMAN (2ND): Thank you, Madam President. That is essentially correct. SENATOR KISSEL (7TH) : Thank you very much, and through you, Madam President and -- would it be fair to say that with both infractions and motor vehicle offenses, there is a ticket issued and one can resolve the matter merely by mailing whatever the dollar -- correct dollar amount is to wherever the ticket says mail the money to.