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.
Through you, Madam President.
THE CHAIR:
To you, Senator Coleman.
SENATOR COLEMAN (2ND): 002629 cf 185 Senate May 3, 2016 0 Through you, Madam President, that is correct. The alternative is to mail in a plea of not guilty. Through you, Madam President.
THE CHAIR:
Thank you, sir. You have the floor, Senator Kissel.
SENATOR KISSEL (7TH):
Thank you very much, and through you, Madam President. Again, on the crosswalk issue, and I definitely appreciate the fact that we want to help those with -- that are visually impaired -- are there any other -- and -- and I think -- I believe the good Senator indicated blind people but visually impaired -- are there any -- is there any other kind of individual in the crosswalk that needs specific heightened attention? A parent pushing a baby 0 carriage or something like that, and -- and again, I ask this because would this be something that the citing officer would look to in determining the amount of the penalty?
Through you, Madam President.
THE CHAIR:
To you, Senator Coleman.
SENATOR COLEMAN (2ND) :
Specifically, the bill makes reference to pedestrians in -- in the crosswalk. Specifically, as I indicated, makes reference to a blind pedestrian carrying a white cane or a guide dog. It doesn't go into any greater detail than that. 0 002630 cf 186 • Senate May 3, 2016 Through you, Madam President.
THE CHAIR:
Thank you, sir. You have the floor, Senator Kissel.
SENATOR KISSEL (7TH):
Thank you -- thank you very much, Madam President, and through you, Madam President. So, is it -- is it correct -- is my understanding correct that an officer of the law would see a motorist -- hopefully not hitting anybody but violating this -- and that the officer would issue the motor vehicle violation. What factors would the officer have to process in determining how much that citation's going to be for because the language says up to $500 so let's say I'm the officer. I'm issuing the violation. What 0 would I look to say to myself $100, $300, $500 -- how does how does that work?
Through you, Madam President.
THE CHAIR:
To you, Senator Coleman.
SENATOR COLEMAN (2ND):
Through you, Madam President. I'm not sure that the -- the bill specifies that. I think the bill is silence on that -- silent on that, so I imagine it would fall to the discretion of the officer to put in an amount. Officer may put in the amount of $500 which may occasion a plea of not guilty and an appearance in court, at which point either the
0 002631 cf 187 Senate May 3, 2016
prosecutor or the judge that hears the case could assess a penalty of up to $500.
Through you, Madam President.
THE CHAIR:
To you, Senator Kissel.
SENATOR KISSEL (7TH) :
Thank you very much, and through you, Madam President. Would someone have to be struck in a crosswalk for there to be a violation or could it be a close call?
Through you, Madam President.
THE CHAIR:
To you, Senator Coleman.
SENATOR COLEMAN (2ND):
Through you, Madam President. I don't believe that the bill requires an actual collision in the crosswalk, at least and insofar as concerns 14-300 but just a failure to yield right away to the pedestrians.
Through you, Madam President.
THE CHAIR:
Thank you. You have the floor, Senator Kissel.
SENATOR KISSEL (7TH) : 0 002632 cf 188 • Senate May 3, 2016 Thank you very much, and through you, Madam President. I don't recall an awful lot of testimony on this particular bill proposal before the Judiciary Committee. Does the good Senator and co chair of the Judiciary Committee recall at the public hearing if there was a lot of people or were there any advocacy groups or sort of where this bill came from?
Through you, Madam President.
THE CHAIR:
You have the floor, Senator Coleman.
SENATOR COLEMAN (2ND) :
Thank you. My recollection is that the bill was 0 initiative of the Stamford delegation and I'm not sure if it was in response to a specific incident in Stamford but I do know that -- I believe when we had our public. hearing in Stamford, there was some testimony regarding the bill.
Through you, Madam President.
THE CHAIR:
Thank you, Senator Coleman. You have the floor, Senator Kissel.
SENATOR KISSEL (7TH):
Thank you very much, Madam President. And on the crosswalk issue, although the bill is silent, I would guess that in determining-what the right 0 002633 cf 189 Senate May 3, 2016 0 amount would be and the factors that would go into that calculus, that that is what would be in the training that a police officer would get at post or the police officer stand in training when they're studying to be a law enforcement officer that traffic infractions and motor vehicle violations 101 or something like that, that they're given a course as to what's appropriate, what's not appropriate, and to give a warning of the things to look to and what would effectuate the ends of justice. Would that be a fair assumption?
Through you, Madam President.
THE CHAIR:
You have the floor, Senator Coleman.
SENATOR COLEMAN (2ND):
Thank you, Madam President. I think that would be a fair way to assess the situation and in response to a previous question, looking through the written testimony that was provided in connection with this bill, and there were officials from Stamford that testified including Representative Terry Adams and Mayor David Martin, I believe, and there is actually some email contact from a number of people, all of whom seem to be in support of the bill.
Through you, Madam President.
THE CHAIR:
Thank you, Senator Coleman. You have the floor, Senator Kissel. 002634 cf 190 Senate May 3, 2016 0 SENATOR KISSEL (7TH):
Thank you very much, Madam President, and I can only guess that there -- there may have been a noteworthy incident in the -- in the good city of Stamford that may have caused this to be the focus of some attention, but in any event, I certainly don't have any problem with that portion of the bill.
Moving to the other portion of the bill, which by way of clarification, is that substantially similar as far as raising the potential fine from $90 to $500?
Through you, Madam President.
THE CHAIR: 0 To you, Senator Coleman. SENATOR COLEMAN (2ND):
Through you, Madam President, that is correct.
THE CHAIR:
You have the floor, Senator Kissel.
SENATOR KISSEL (7TH) :
Thank you very much, and I think with a crosswalk, we all can envision what that would entail. What exactly are the -- the parameters for a violation of sharing the road? How close would one have to be to either a pedestrian, a jogger, maybe somebody r1ding a horse, because we -- I think -- I thought we
0 002635 cf 191 Senate May 3, 2016 0 addressed some of those issues in the last few years, but maybe this is enhancing that.
Through you, Madam President.
THE CHAIR:
To you, Senator Coleman.
SENATOR COLEMAN (2ND):
Insofar as the parameters are concerned, I think what would be required is the exercise of due care so probably means keeping a certain distance -- a reasonable distance from a cyclist or pedestrian in order to avoid a collision with the cyclist or the pedestrian. Also, at least from the language of the statute, it would require using a horn if necessary to warn the cyclist or pedestrian of the approach by the person operating the motor vehicle.
• Through you, Madam President.
THE CHAIR:
Thank you. To you, Senator Kissel.
SENATOR KISSEL (7TH):
Thank you very much, and through you, Madam President. To the good Senator and co-chair of the Judiciary Committee, I had mentioned someone riding a horse. Is this second part of the bill specific only to pedestrians and cyclists?
Through you, Madam President.
0 002636 cf 192 Senate May 3, 2016 0 THE CHAIR:
To you, Senator Coleman.
SENATOR COLEMAN (2ND):
That would be my reading of it, Madam President.
Through you.
THE CHAIR:
Thank you, sir. You have the floor, Senator Kissel.
SENATOR KISSEL (7TH):
Thank you very much, Madam President, and was this in response to a certain incident or was there certain delegation that prompted this bill? I'm guessing that this was a stand -- that this was a separate proposal than -- than the crosswalk • proposal.
Through you, Madam President.
THE CHAIR:
To you, Senator Coleman.
SENATOR COLEMAN (2ND):
No. Through you, Madam President. It's all contained in one bill.
THE CHAIR:
Thank you, sir. You have the floor, Senator Kissel.
0 002637 cf 193 Senate May 3, 2016 0
SENATOR KISSEL (7TH):
Thank you very much, Madam President, so then I would guess that the testimony of the folks from Stamford and the delegation down there wanted to enhance as this as well.
I have no further questions for -- for the good Senator who brought forward these bills. I think they make sense. They certainly give law enforcement officers the latitude to instead of going only up to $90 to go up to $500, but it's still discretionary. We're relying on their professionalism in assessing the situation.
Certainly, I would believe that there would be situations regarding the crosswalk. Let's say it's a school -- you know, imagine this. Let's say it's 0 a-- 'round this time of year, we see school.buses over by Bushnell park. Let's say someone's racing to the capitol -- certainly not a legislator -- but you see a whole school group trying to cross over and someone like almost hits a bunch of kids.
Well, yeah, if I'm the officer, I think that's prime grounds for a $500 citation. If it was something where it was a relatively close call and you know, you could see both sides of it, maybe a warning. You know? Here's the law of the land, I could give you a citation up to $500 for a motor vehicle violation. I'm gonna' let ya' off this time, but you really gotta' keep your wits about you because around this time of year, there's school groups and this and that and you sort of like really, you know, put a little bit of fear of God -- if you believe in
0 002638 cf 194 Senate May 3, 2016
God -- into the individual, but sometimes that could work too.
So, again, we trust the professionalism and the training of our law enforcement officers to make good things happen and -- and effectuate the ends of justice and so, to my mind, all this does is give law enforcement officers that much more latitude in determining what an appropriate penalty should be and as the good senator indicated if it's so egregious that it does -- does deserve the maximum penalty that max engender an appeal and then there would be a hearing on the merits in a courthouse and if somebody relt so strongly that they're gonna' take a day off from work or half a day off from work to go fight that ticket, God bless their soul because sometimes those matters take a number of hours to get resolved in the court systems .
So for a variety of reasons, I'm happy to support the bill before us and would urge my colleagues to • support it as well. Thank you.
THE CHAIR:
Thank you, Senator Kissel. Will you remark further? Will you remark further? Senator Martin. You have the floor.
SENATOR MARTIN (31ST):
Good afternoon -- good evening, Madam Chair.
THE CHAIR:
Good evening, sir.
0 002639 cf 195 Senate May 3, 2016
SENATOR MARTIN (31ST):
I rise to ask a couple questions from the proponent of the bill.
THE CHAIR:
By all means. Please frame your question, sir.
SENATOR MARTIN (31ST) :
Thank you. Through you, Madam Chair. The -- the - were there any statistics taken or discussed during the public hearing regarding the amount of deaths or injuries regarding people or pedestrians that were hit by a motor vehicle?
Through you, Madam Chair.
0 THE CHAIR:
To you, Senator Coleman.
SENATOR COLEMAN (2ND) :
Thank you very much, Madam President. There were not.
THE CHAIR:
Thank you, sir. You have the floor, Senator Martin.
SENATOR MARTIN (31ST) :
Well, there goes my next question. So, in regarding the -- can I ask what the fee amount was prior to the $500?
0 002640 cf 196 c Senate May 3, 2016
Through you, Madam Chair.
THE CHAIR:
To you, Senator Coleman.
SENATOR COLEMAN (2ND) :
Thank you, Madam President. The fee actually as an infraction amount, was $90.
Through you, Madam President.
THE CHAIR:
Thank you, sir. You have the floor, Senator Martin. 0 SENATOR MARTIN (31ST): Thank you, Madam Chair. Were -- through you, Madam Chair -- were there any other -- besides the -- the infraction fee -- from $90 to $500, were there any o~her options explored for a -- as an option regarding -- instead of a fine or fee, was there any other options placed on the table for discussion?
Through you, Madam Chair.
THE CHAIR:
Senator Coleman.
SENATOR COLEMAN (2ND):
Madam President, I'm glad that question was posed. There is in addition to the fee or fine up to $500, c •
002641 cf 197 Senate May 3, 2016
there is a $15 fee that would be imposed that would be transferred to the municipality where the incident occurred.
Through you, Madam President.
THE CHAIR:
Thank you, sir. Senator Martin, you have the floor.
SENATOR MARTIN (31ST) :
So is -- so if I understand you correctly -- so in addition to the $500, there is a $15 fee?
Through you, Madam Chair.
THE CHAIR: c To you, Senator Coleman. SENATOR COLEMAN (2ND):
Yes, just to be clear. Through you, Madam President, whatever the fine would be would be - would not be more than $500. So it doesn't have to be $500. It could be any amount up to $500. But on top of that, there would be an additional $15 fee.
Through you, Madam President.
THE CHAIR:
Thank you, sir. You have the floor, Senator Martin.
SENATOR MARTIN (31ST): •
002642 cf 198 Senate May 3, 2016
Thank you, Madam Chair. Where -- I remember when I was in -- in college and I was walking downtown in Downtown Manchester, New Hampshire and I was with - I was -- at that time, I was with my girlfriend and we just happened to cross the street and when I arrived to the other side of the street, a police officer came up from behind and asked me -- or asked -- made a comment -- how would you like to have a ticket for jaywalking?
So, through the chair, through you, Madam Chair is -- do we have jaywalking infractions here in the State of Connecticut?
THE CHAIR:
To you, Senator Coleman.
0 SENATOR COLEMAN (2ND):
Through you, Madam President. To the best of my knowledge, we do.
THE CHAIR: \
Thank you, sir. You have the floor, Senator Martin.
SENATOR MARTIN (31ST):
So, should someone jay walk in -- in the -- in the state here, and if this bill gets passed, how is that handled? Is it -- whose fault would that be?
Through you, Madam Chair.
THE CHAIR:
0 002643 cf 199 Senate May 3, 2016 0
To you, Senator Coleman.
SENATOR COLEMAN (2ND) :
Through you, Madam President. I -- I believe that that would be a matter of comparative negligence.
Through you, Madam President.
THE CHAIR:
Thank you, sir. You have the floor, Senator Martin.
SENATOR MARTIN (31ST) :
I don't know exactly what that means, but -- does that mean that it's the fault of the pedestrian or c the one -- the vehicle operator? Through you, Madam Chair.
THE CHAIR:
To you, Senator Coleman.
SENATOR COLEMAN (2ND) :
Through you, Madam President. It has nothing to do with this bill, but it would be a subjective determination on the part of -- not subjective - objective determination, probably on the part of a trier of fact concerning whether is shared blame for the accident occurring and then a percentage of that blame would be assigned to the operator of the motor vehicle and the corresponding or complimentary
0 002644 cf 200 Senate May 3, 2016
percentage assigned to the pedestrian or maybe the cyclist with whom the motor vehicle collided.
Through you, Madam President.
THE CHAIR:
Thank you, Senator Coleman.
SENATOR MARTIN (31ST):
Thank you, Madam --
THE CHAIR:
You have the floor, Senator Martin, on the underlying bill, sir.
SENATOR MARTIN (31ST): 0 Thank you, Madam Chair. Regarding when a pedestrian is at a -- at a intersection and we have a device a control device light where the pedestrian is waiting for or doesn't follow the -- the -- the device that says, you know, walk or not walk. Who's fault would that be now and would -- again, would that be the pedestrian who's at fault for not walking when they should be?
Through you, Madam Chair.
THE CHAIR:
To you, Senator Coleman.
SENATOR COLEMAN (2ND) : 002645 cf 201 Senate May 3, 2016
Sir, I do believe that the doctrine of comparative negligence would be applied to that situation.
Through you, Madam President.
THE CHAIR:
Thank you, sir and to you Senator Martin.
SENATOR MARTIN (31ST):
If -- if there is a motor vehicle operator who is traveling down a street and a pedestrian crosses on his side of-- the driver's side of the street, do - if a police officer incurs or observes the - there's been no incident but if the pedestrian is walking and I guess what I'm looking for, if there is no yield, and the-- you know, there's almost a - a close catch -- a close incident here, does he 0 have the right -- the police officer -- to -- to stop the motor vehicle operator and give him this infraction fine?
Through you, Madam Chair.
THE CHAIR:
Thank you, sir. To you, Senator Coleman.
SENATOR COLEMAN (2ND) :
Madam President, I apologize. I don't understand the question.
THE CHAIR:
0 002646 cf 202 Senate May 3, 2016 0 And -- Senator Martin could you rephrase your question, sir?
SENATOR MARTIN (31ST):
Well, I -- you know -- there -- there are a lot of close misses. ~ guess what I'm trying to say here and you know, when you're driving along and a couple things. You know, you could be at an intersection and someone could not be paying attention and there's the -- there's the device that's telling you not to walk but the pedestrian comes across and you almost hit him because they were not paying attention and a police officer would see that and would be able to -- you know, give you a ticket for if it's an infraction? Thr6ugh you, Madam Chair.
THE CHAIR:
Thank you, Senator Martin. You have the floor, Senator Coleman.
SENATOR COLEMAN (2ND):
Through you, Madam President. I think the officer would be able to do that.
Through you.
THE CHAIR:
Thank you, sir. You have the floor, Senator Martin.
SENATOR MARTIN (31ST):
0 002647 cf 203 Senate May 3, 2016 0 I just have one other -- maybe one or two other questions, but in an incident where the pedestrian is maybe under the influence and there is an injury --hit by a car-- regardless if they're at a crosswalk or -- and again, the red -- they don't see the red -- you know, the little man telling them not to talk, but -- or in the middle where they are jaywalking -- you know, I guess -- what happens then?
Through you, Madam Chair.
THE CHAIR:
To you, Senator Coleman.
SENATOR COLEMAN (2ND):
Through you, Madam President. Not to be facetious c but I guess that would be determined on -- I guess who has the best lawyer.
Through you, Madam President.
THE CHAIR:
Thank you, Senator Coleman. You have the floor, Senator Martin.
SENATOR MARTIN (31ST):
I would agree with that. I have no further questions. Thank you so much to the good Senator for answering my questions and I do -- will be supporting this bill. Thank you.
THE CHAIR: 0 002648 cf 204 Senate May 3, 2016
Thank you, Senator Martin. Will you remark? Senator Leone.
THE CHAIR:
You have the floor, sir.
SENATOR LEONE (27TH) :
Thank you, Madam President. It's always a pleasure to see you up there.
THE CHAIR:
Thank you, sir.
SENATOR LEONE (2~TH) :
0 Thank you. I -- I rise in support of the bill and I just wanted to add a few comments to the discussion and -- and first of all, I want to thank the good chairman of the Judiciary Committee and all members of the committee as well as the ranking member for allowing this bill to come up for the public debate and for bringing it to the floor this evening and as was previously mentioned, this was a bill that came forth from the Stamford delegation of which I'm happy to be a part of and it was due in fact to the -- to the situations that -- in our city anyway this is not an uncommon experience.
We have a few highly trafficked city roads and when people are trying to use their crosswalks, and then one or two roads in particular, the traffic is always moving much to briskly in the daily course of everyone's lives. Automobile drivers sometimes are 002649 cf 205 Senate May 3, 2016 0 moving much too quickly whether it's rush hour or rushing to get to work or run an errand or whatever the case may be.
The fact that just city life can be so hectic. We've had this situation where people will try to use crosswalks and -- and follow the rules. Try and cross when the light is green, not when it's red, for-- for the lights for the --where it says it's ok to walk-- and yet that's not enough. That's not enough time. Cars are still being inattentive. Drivers are being inattentive. They're-~ they're traveling much too quickly and the unfortunate event is that someone is struck and killed. And this has happened almost every year at least once. And I think in the past year, we had -- I think -- up to three incidents.
And -- and -- any one of those incidents are heart 0 breaking because it's a person, many times a senior, couple times a mother or a father, doing what they're supposed to do, trying to walk when they're supposed to and yet they get hit and die and it causes all sorts of turmoil and of course the driver is not intending to do that. That's not what they started out their day to do, but for whatever reason, they may be traveling much too quickly or being inattentive and what happens is someone is struck and killed but now you've not only killed the person and taken away someone's life from that family, the person -- the perpetrator has probably most likely ruined theirs as well. So there are no winners or losers here.
This is a bill meant to educate for people to slow down. Slow down and be aware of your -- of your surroundings. That if people are trying to cross 0 002650 cf 206 Senate May 3, 2016
when they're allowed to cross, they should be able to do so and not fallen victim to getting struck and killed.
And even though this came out our delegation and our city, this happens across the state. It happens across the country, I would surmise, but it happens across the state and many other cities and potentially other towns.
And it -- it's not a democratic issue, it's not a republican issue, this is -- cuts across all boundaries and down in the House while this came up, I know of two specific legislators where they lost their own family members. One in Hartford, and one in New Milford. A republican and a democrat. Very moving testimony that they lost a mother and a father due to a hit and run. In a crosswalk. 0 Because someone wasn't paying attention. That's the intent of this bill. To allow people to cross. We can maybe debate that there needs to be more time on the lights and the stoplights and so forth, but until we get to that point, that magic balancing act, whatever it may be, this bill is intended to allow people to cross -- to enter into a crosswalk and not have to fear for their lives because they can't make it across in time or to the fact that a person is not paying attention to how they should operate their vehicle.
And the fact that this is an increased fine up to the $500, I think once we start educating the public as to the ramifications and what the intent of this bill is, my hope is that that will sit in the back of a person's mind and the back of a driver's mind that there's a cost to pay aside from the criminal
0 002651 cf 207 Senate May 3, 2016 0 aspects if you're so charged, that maybe they should just slow down just a little bit in the inner cities, in our towns, and so forth.
So I want to thank -- I want to thank the chairs, the ranking members again, for bringing this up. I know it does hit close to home sometimes and -- and we as legislators -- if it's not a constituent, it's sometimes a legislators direct impact.
So again, this cuts across all lines. It could happen to almost anybody. Even a young person in in a crosswalk and -- and that would even be more detrimental so I just wanted to offer my support. This is not just a one-city issue. This really can happen to anybody in any town in our state, and I think this goes a ways in making it just a little bit more safer for our folks out there.
0 Thank you, Madam President.
THE CHAIR:
Thank you, Senator Leone. Will you remark further on the bill? Will you remark further on the bill? Senator Coleman. You have the floor, sir.
SENATOR COLEMAN (2ND):
Thank you very much, Madam President. Very quickly, a comment first. I didn't have at my disposal when Senator Martin asked a question about any statistics but it appears that if -- and Senator Leone may have touched on this -- the number of pedestrian crosswalk deaths in Norwalk increased by 10 percent within the course of 1 year. I'm sorry, not in Norwalk -- not in Norwalk or Stamford, that was a 002652 cf 208 Senate May 3, 2016 0 nationwide statistic, and the specific incident in Stamford had to do with an 81-year-old that was killed and two others seriously injured.
But, Madam President, if there are no further remarks to be made, and if there's no objection, I'd ask that this matter be placed on our Consent Calendar.
THE CHAIR:
Without objection, so ordered, sir. Will the clerk please return to the call.
THE CLERK:
On page 39, Calendar 361, Substitute for Senate Bill Number 15, AN ACT ADOPTING THE REQUIREMENTS OF NORTH CAROLINA STATE BOARD OF DENTAL EXAMINERS V. FEDERAL 0 TRADE COMMISSION AND REVISING CERTAIN BOARDS AND COMMISSIONER -- COMMISSIONS FEATURES. There are Amendments.
THE CHAIR:
Senator Cassano. You have the floor, sir.
SENATOR CASSANO (4TH):
Thank you, Madam President. Good evening.
THE CHAIR:
Good evening to you.
SENATOR CASSANO (4TH):
0 002746 cf 302 Senate May 3, 2016
Senate Bill 351, on page 2, Calendar 157, Senate Bill 69. Page 4, Calendar 341, Senate Bill 328, page 5, Calendar 375, House Bill 5296, page 6, Calendar 384, House Bill 5393. Also on page 6, Calendar 383, House Bill 5430. On page 7, Calendar 385, House Bill 5254. Page 8, Calendar 393, House I Bill 5255, page 11, Calendar 440, House Bill 5252. On page 14, Calendar 475, House Bill 5627, Page 15, Calendar 477, House Bill 5072. Page 18, Calendar 498, House Bill 5513, Page 19, Calendar 502, House Bill 5526. Page 20, Calendar 504, House Bill 5403. Page 22, Calendar 516, House Bill 3 -- I'm sorry -- 5358. Page 22, Calendar 519, House Bill 5053. On page 24, Calendar 533, House Bill 5605, Calendar 532, House Bill 5335, Calendar 530, House Bill·5498, and Calendar 534, House Bill 5621. On page 27, Calendar 549, House Bill 5416. Also on page 27, Calendar 546, House Bill 5571. Page 28, Calendar 552, House Bill 5180. On page 30, Calendar 563, House Bill 5412. Page 3~, Calendar 567, House Bill 5537. Page 31, Calendar 569, House Bill 5620. On page 32, Calendar 571, House Bill 5435. Page 34, Calendar 583, House Bill 5400. On page 35, Calendar 586, House Bill 5521. Page 36, Calendar 169, Senate Bill 266. Page 37, Calendar 207, Senate Bill 327. Page 39, Calendar 361, Senate Bill 15. Page 41, Calendar 246, Senate Bill 88. Also on page 41, Calendar 464, House Joint Resolution Number 38. Calendar 465, House Joint Resolution 43. On page 42, Calendar 466, House Joint Resolution 99. Page 42, Calendar 467, House Joint Resolution 121. Also on page 42, Calendar 468, House Joint Resolution Number 133, and on page 43, Calendar 470, House Joint Resolution Number 136.
THE CHAIR: 002747 cf 303 c Senate May 3, 2016
Okay. The clerk shall announce pendency of a roll call vote on the Consent Calendar. The machine is open. Please cast your vote.
THE CLERK:
Immediate Roll Call has been ordered in the Senate. Immediate Roll Call on today's Consent Calendar has been ordered in the Senate.
THE CHAIR:
Have all members have voted? Have members have voted? Please check to see that your votes have been properly recorded. If so, the machine shall be closed and the clerk shall announce the tally.
THE CLERK: 0 On today's Consent Calendar.
Total number voting 36 Necessary for Adoption 19 Those voting Yea 36 Those voting Nay 0 Those absent and not voting 0
THE CHAIR:
Consent Calendar is done. Senator Duff, for what reason do you rise?
' SENATOR DUFF (25TH):
Many reasons, Madam President, thank you. Madam President, I move that all items that require action JOINT STANDING COMMITTEE HEARINGS
JUDICIARY PART 3 902 – 1382
2016
001141
Carroll, Rhonda
From: Jared Chase
Dear Representative Tong, Senator Coleman, and Members of the Judiciary Committee:
I am writing to thank you for raising HB 5403, which will enhance pedestrian and cyclist safety In Connecticut. I urge the legislature to pass this bill In 2016.
The economic, public health, and environmental benefits of active transportation are well documented. But to encourage more of Connecticut's citizens to contribute to these benefits, walking and cycling must feel and be safe. When I walk to and from work each day, I feel safe in all zones but those where sidewalks intersect with roadways. I know that, even though I follow the rules of the road, a driver disregarding those rules could easily injure me. The dangerous driving behaviors I have witnessed include falling to stop for pedestrians traveling in marked crosswalks, blowing through red lights, and entering designated bike lanes while passing other vehicles .
. _Lknow,-fr:om-past-experience livinQ-in Massacl:lusetts,tbat-dri)Jer-awareness-Of-and-courtesy-toward pedestrians and cyclists can be enhanced to levels that promote safe and enjoyable active transportation. Laws that impose due penalties for failure to yield to pedestrians in crosswalks and to exercise due care to avoid hitting pedestrians or cyclists are an Important part of any policy landscape designed to elevate the safety enjoyed by all those who use our thoroughfares responsibly.
I commend you for supporting legislation that meets this standard, and encourage all legislators to pass HB 5403 this year.
Sincerely,
Jared Chase, Hartford 001149 5 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
SHARON AKS: Okay. Can you hear me now?
REP. TONG (147TH): Yes. Thank you.
SHARON AKS: Okay. Good afternoon, Senator Coleman, Representative Tong, and members of the Judiciary Committee. My name is Sharon Aks. I am a small business owner with an accounting practice located on High Ridge Road, here in Stamford and also a resident of Stamford for 27 years.
I'm here today, because I became a Stamford statistic, as a pedestrian being struck on a crosswalk by failure of an individual to yield and exercise due caution. One statistic I never thought I would be.
On January 21, my colleague, Bruce Goldstein and I did everything right. We crossed High Ridge Road after pushing and waiting for the walk signal. In spite of doing everything right, we were struck by the operator of an Audi vehicle who did not take due caution in operating their vehicle, and failed to yield to us in the crosswalk.
The incident occurred mid-afternoon on a Thursday. The weather was clear. While I have no memory of the incident, it is my understanding from the records, that I was thrown six to eight feet in the air and Bruce was also struck by the same vehicle. We both sustained multiple significant injuries as a result of being struck.
Bruce is unable to attend today, as he still has limited mobility, and he is in a wheelchair. My understanding is that the driver of the vehicle was trying to cut off another vehicle that had yielded to us and may also have been a distracted driver.
Both drivers had a green light at the same time we had the walk signal. I believe the changes in the 001150 6 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
Act that's being proposed are the first steps toward changes that need to prevent the increasing number of Pedestrians being struck in the city, and hopefully avoid potential fatality -- future fatalities.
In addition, I would like to see all traffic having a red light while pedestrians receive the walk signal, and of course, increasing monitoring and penalties for distracted driving. I thank you for your time.
REP. TONG (147TH): Thank you, Sharon. Let me ask you a little bit more about your therapy and recovery. Can you tell us a little bit more about what appears to have been a long road?
SHARON AKS: Right.
REP. TONG (147TH): How it's going?
SHARON AKS: I'm making a recovery. I ended up with a fractured pelvis and a concussion to my head, that's why I have no memory of the accident. My colleague has a broken hand and a broken leg, and is in a wheelchair, and I'm assuming -- based on speaking to him-- it's two to three months of being at least in that wheelchair.
REP. TONG (147TH): And I wonder if you've thought about -- you know -- some people would argue that increasing the penalties for an accident of this kind -- or for distracted driving -- may not have the impact that we want it to. You know, I wonder if you've thought about whether increasing the penalties will have the desired effect. You know whether it's something that you think will be impactful -- have you heard from friends and neighbors and family members as to what their opinion on this is? 001151 7 ·March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
SHARON AKS: Yeah. I've heard from a lot of people. They want more, of course, and -- I mean -- $500 right now, my understanding is that it's just a traffic -- you receive points. I'm not sure what the exact penalty is -- it's something. That's kind of where I've started out in going-- it's something versus nothing -- more needs to be done with this.
REP. TONG (147TH): Thank you. And I should recognize Representative Terry Adams. He's the reason why we raised this bill -- so I want to recognize him for his initiative in bringing this out here today. And I'll turn it over to Representative Simmons.
REP. SIMMONS (144TH): Thank you, Mr. Chairman. Sharon, thank you so much for taking the time to come testify today -- and for your courage in sharing your story after what was a horrible, traumatic accident, and it really means a lot to us to -- to be able to hear from you directly as to how this impacted you and I remember when you first shared the experience with me, you told me about how you and Bruce would meet for coffee and you did everything right -- you pushed the signal, you had the walk sign, and you started to cross -- and I was just wondering if you think that there's anything else -- based on your experience -- that we could do to strengthen this bill. I know you mentioned the timing with the green lights and some of your conversations afterwards with the Stamford police, but is there anything else noteworthy that you'd like to share that --
SHARON AKS: Right. I I think that in retrospect, the fact that there was a green light for two cars coming this way, while we were had the walk signal -- definitely increases the likelihood that somebody will do something wrong, if 0011528 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
they're not paying attention. You know, I'm not quite sure what the penalty exactly should be that will stop it -- the same way that we're trying to stop distracted driving like texting and things like that -- but I think a voice still needs to be heard and I think things needs to be done in that regard.
REP. SIMMONS (144TH): Thank you -- and just want to thank you again too, for taking the time to stand up for what happened and to prevent -- prevent this from happening in the future -- so thank you.
SHARON AKS: Thank you very much.
REP. TONG (147TH): Yes, thank you for taking your time. State Representative Fred Camillo. Representative, you did not have a far drive to get to this hearing.
REP. CAMILLO (151ST): Actually, I did. I was up in Hartford, testifying.
REP. TONG (147TH): Oh. Did you go up and then come back down?
REP. CAMILLO (151ST): Yes, I did. Yeah.
REP. TONG (147TH): That's dedication from the town of Greenwich.
REP. CAMILLO (151ST): Thank you, Representative. Good afternoon, Senator Coleman, Senator Kissel, Representative Tong, Representative Rebimbas, and members of the Judiciary Committee.
I am here to testify on House Bill 2528: AN ACT CONCERNING A PROPERTY OWNER'S LIABILITY FOR EXPENSES OF REMOVING A FALLING TREE OR LIMB. This is a bill that was passed twice in the General Assembly. A couple of years ago, it made it to the Governor's desk and he vetoed it -- for good reason -- there was a provision in there that I had originally 001189 45 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
REP. TONG (147TH): Mayor David Martin. Good 0 afternoon.
MAYOR MARTIN: Good afternoon.
REP. TONG (147TH): You're lookin' fit as a fiddle.
MAYOR MARTIN: I apologize here, I'm tryin' out for a part -- a brother of Frankenstein. My -- as many of you probably know, I was in surgery last Friday and I am still recovering from that, as you can see. I advise you two things -- if you see something odd on your skin, get to your dermatologist and it might save your life, as it will save mine. I am fine. And secondly, wear sunscreen. It'll make a difference. But I'm gonna' be fine, it does hurt and I don't like wearing glasses, so I apologize if I get a little bit discombobulated up here, but - in any event, it's -- it's for me, a pleasure, Representative Tong, Senator Coleman, that you guys have made a special effort to come down to Stamford.
0 Yes, I cannot recall any committee coming down to Stamford other than the Education Committee which was like 10 years ago, and it's deeply appreciated. I've come to recognize that every community in this great state is unique and I appreciate you coming down to recognize and hear some of the uniqueness of our community, which is different than any of the other larger municipalities and is different than than any of the other communities in Lower Fairfield County and I just have to say thank you as well to ranking member Rebimbas -- did I say that right?
REP. REBIMBAS (70TH): You did.
MAYOR MARTIN: Thank you, and of course, it's good to see that you've got Representative Fox and Simmons workin' hard here, I appreciate that as well. So, if I may, I actually am the Mayor of 0 001190 46 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
Stamford and I actually wanted to speak to six of the items on your agenda.
I will take them one at a time. The testimony is rather short on each one, but I understand that it'll be a little bit time consuming to handle all six.
First, Senate Bill 244, AN ACT CONCERNING THE REPORTING OF INJURIES RESULTING FROM THE DISCHARGE OF A FIREARM AND STAB WOUNDS. This bill would make the mandatory reporting of stab wounds the same as reporting the wound from a firearm. When there's incident involving a firearm, chances are, there's a need for a criminal investigation, which is why we have a mandatory reporting for firearm wounds. Along those same lines, stab wounds are often also the result of criminal activity and should also be investigated. But without a law like this, they often go underreported, and in Stamford there are certain communities that tend to use knives as - more than they use guns and we have had some 0 situations where there were wounds that were treated but not reported that later came back into criminal investigations. So, what happens is the reporting of a stab or even a firearm, sometimes those wounds is sometimes the only way that law enforcement knows that a criminal act has taken place. To keep the reporting as effective and simple as possible, we don't want there to be one set of rules for reporting a firearm incident and a different set of rules for reporting a stab wound. We think they should be the same, and therefore, we don't think the immunity portion in the bill that was -- was written in is necessary and I would note that there have been few, if any, instances where any hospital's reluctance to meet the requirements of firearm reporting on the statute because of fear or liability or of any action has been brought against 0 001193 49 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
serious consequence and it's serious fear and it's 0 time to get serious.
I would also say that in this particular bill, it is absolutely appropriate to have increased penalties for bomb threats at schools, but to the anxiety or terror-inflicted, and the potential for safety and economic ramifications on the community are not . limited to schools. Can you imagine for a second that a series of false bomb threats are called into the State Capital? How many days in a row before it really impedes the work that you do? Or what about the Stamford Government Center, or maybe Bradley Airport -- or what about the Transportation Center in Stamford -- which is the busiest train station in the Northeast quarter. They also create fear and safety issues and have economic ramifications on the community and I suggest the penalties should be made severe for them as well. No matter the building being threatened and that would imply to private buildings as well. We have bomb threats against our 0 -- against private institutions. Is that in any way less of a fear or a concern or economic consequence? It is a national issue and it is a difficult one to treat. And I'm gonna' say something here, is that Connecticut can't be last on this issue, in fact, I think just like we took a lead on gun safety, Connecticut should take the lead here. And I think this is an opportunity to show us that we mean some business on this.
And I'll continue on. House Bill 5403, AN ACT INCREASING PENALTIES FOR FAILURE TO YIELD TO PEDESTRIANS IN CROSSWALKS AND FAILURE TO EXERCISE DUE CARE TO AVOID HITTING A PEDESTRIAN OR CYCLIST. You heard earlier from one of the victims a motorist running into a pedestrian.
0 001194 50 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
I support this bill -- the increased penalties for motorists failing to yield to Pedestrians and 0 Cyclists. Since I became Mayor, we have been working to make crosswalks and bicycle paths safer. We are also actively working to educate motor vehicle operators about sharing the road with pedestrians and cyclists. It is a tough job and despite our continuing efforts, we had two pedestrian deaths last year from automobile accidents. We need to do more and we will do more, and an increase in penalties would add teeth to these efforts.
Like many other large cities, there are in fact, a growing number of cyclists and pedestrians in Stamford, particularly with the influx of young people to our downtown and south end communities. And because of this, this potentially dangerous situation between motorists and pedestrian cyclists is in fact getting worse because there are more cyclists and more pedestrians than many times, our motorists just haven't adjusted to recognize that 0 they do have to share the road, and they have to pay attention to those things. And -- oh -- and on top of that, you have your distracted driving and in fact distracted walking also adding another layer to the problem.
Operators of motor vehicles need to be held responsible if they do not appropriately yield to pedestrians or try to exercise care to avoid hitting any cyclist or pedestrian.
Interestingly enough, it would be my hope that we wouldn't need to issue any tickets for this. I believe the legislation itself provides much needed deterrent and hope -- and -- and education -- and hopefully drivers will be more mindful if they know
0 001195 51 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
that there are going to be large fines for not 0 exercising caution when sharing the road.
So, I therefore believe that in just passing this legislation, it will create news, it will create a greater awareness and a greater responsibility on behalf of the motorists.
House Bill 5364, AN ACT CONCERNING THE FILING OF WORKERS' COMPENSATION CLAIMS WHEN A MUNICIPALITY IS THE EMPLOYER. Employees that suffer a work-related injury have to report that to the city, but there is no official designation of where that workers' comp claim should go.
In some cases, necessary personnel in the city are not receiving the report and that may be because the report, while given to a city employee is given to a person who is on vacation or maternity leave and in fact, it could be given to -- you know, hundreds of different people and still they make the claim that 0 they've made the report. we are proposing that workers' comp claims should be handled like all other claims against the city and be required to be submitted to the town clerk. This is a simple, clear process that is easy for everyone to follow. An employee can get a stamped receipt and know that their claim was officially received and this will settle any possible confusion about when a claim is submitted -- or if a claim is submitted-- and help ensure from-- from the city's side, a more expeditious processing of the claim, rather than it sitting in an employee's outbox for three weeks because they were on vacation.
This bill adds language to the current statute to require that a municipal employee shall send a copy of the notice to the workers' comp claim to the town clerk's office, thus codifying the process for 0 ·Ill
001199 55 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
that everybody's following the same rules and yes, 0 it's an additional mandate. I usually don't like those. The truth is, this mandate will ultimately save our school districts money and protect our kids.
Thank you for your time. Questions.
REP. TONG (147TH): Thank you, Mayor. And I want to thank you for your leadership on all of those bills, but in particular the stab wounds bill as well as the temporary housing bill and the workers' compensation bill, so thank you for bringing those to our attention. Questions. Representative Lemar.
REP. LEMAR (96TH): Thank you, Mr. Chairman. Thank you, Mayor, for your testimony today, on a whole bevy of issues, and it was really great that we came down to Stamford to help save some time for you - this was great.
MAYOR MARTIN: It's very much appreciated and I hope 0 you don't mind if I take my glasses off, but there's a little pain there, so...
REP. LEMAR (96TH): No problem, I completely understand. Of the testimony that you offered, I wanted to highlight one, HB-5403, regarding increasing penalties for failure to yield to pedestrians and crosswalks and failure to exercise due care to avoid hitting a pedestrian or cyclist. This is something we've been dealing with in New Haven for, you know, well over a decade now and it was, you know, mid-2000's New Haven was sort of this island talking about these issues because it was one of the few places in Connecticut where you had a lot of folks who were living downtown and commuting by bicycle and walking to work and I've seen over the last 10 years, communities across the state have recognized the same thing that we have -- that 0 001200 56 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
younger folks want to live in cities, a lot of older folks are moving back towards cities, folks are 0 trying to give up their cars when they can and - and communities across the state are seeing this growing prevalence of people commuting to work, commuting to their social activities by car and bike. So --
MAYOR MARTIN: [interposing] Before you ask -- may I interrupt, just to say that we've gone to New Haven because they have been leader in this area. We are significantly behind New Haven in the way we design all of our streets. We now have passed a complete streets ordinance, [inaudible crosstalk 2:51.50] we've re-organized our transportation department, we're putting more effort into this but as I'm sure you're aware, it takes a long time and even before the accidents that have occurred here -- I've spent a lot of personal time talking about how crosswalk signals don't really work -- and -- and I learned more going to Peru and seeing how they do it, thah the way we do it, but I just wanted to say that New 0 Haven is a leader in this area and we have -- have learned from you, and probably learned more 'cause we're still -- we're still up a learning curve, a ways -- [inaudible crosstalk 2:51.17]
REP. LEMAR (96TH): [interposed] --and that's part of my concern, is you know, now that we've got this -- this growing number of cities and towns across the state who are understanding these issues, I think that your voice helps lend weight towards what we're trying to do and why these types of -- you know -- increasing penalties and fines -- it's never a popular thing to say or do -- but we need to change the culture of -- of driving in our community and our state generally, in which people are trying to cross a crosswalk and the driver thinks, okay, well if I gun it now, I don't have to stop for them 0 001201 57 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
and I see that in pedestrian areas -- I see it 0 when kids try and cross the street to get to school -- you see it when you drive around Stamford -- and I think more and more communities are starting to see it and, -- you know, we passed a -- a vulnerable users bill a couple of years ago -- we're still struggling to get that implemented in a meaningful way. So, I just want to say thank you for lending your voice to this issue, thank you for showing leadership here in the city and trying to do your part. It is the three-fold effort of education, engineering, and enforcement. We need to get all three of those things right and the enforcement component of this is oftentimes the -- the least popular, but it is a necessary component of this, if we're actually going to change driver behaviors, if we're going to reclaim our communities, and we're all going to build these walkable, safe neighborhoods for our -- for our family members. So thank you for coming in. c MAYOR MARTIN: Thank you. If you don't mind, I'll plagiarize some of that for my next testimony that I give on this item. [laughter]
REP. LEMAR (96TH): Sounds great.
REP. TONG (147TH): Further questions. Yeah. Senator Coleman.
SENATOR COLEMAN (2ND): Thank you. Good afternoon, Mr. Mayor.
MAYOR MARTIN: Thank you.
SENATOR COLEMAN (2ND) : I just wanted to make sure that I heard and understood your testimony correctly -- particularly in connection with Senate Bill 244. Were you advocating for the removal or elimination of the immunity section in that bill? 0 001203 59 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
SENATOR COLEMAN (2ND) : So, can I further understand c your position is based on consistency between how firearm discharges are treated and stab wounds are treated?
MAYOR MARTIN: Yes.
SENATOR COLEMAN (2ND): Okay. Thank you, Mr. Chairman.
REP. TONG (147TH): Representative Simmons.
REP. SIMMONS (144TH): Thank you, Mr. Chairman, and Hl? 6'403 thank you, Mr. Mayor, for taking the time to come testify today on these bills, particularly with regard to the bill on increasing penalties for failing to yield to pedestrians at crosswalks.
I wanted to get your perspective in light of the two incidents, the one we heard about this morning from Sharon Aks and her friend, Mr. Goldsmith that were struck at the crosswalk as well as the tragic 0 incident that happened with Jimmy Goldsmith on Vine -- the corner of Vine Road and High Ridge Road in January when he was hit and killed in Stamford. Do you think that this bill will help prevent future accidents like that and is there anything else we can do at the state level to try to crack down on all the speeding and pedestrians that are being struck all across the state?
MAYOR MARTIN: Well, if you give me a list of what I want, I want -- you know -- $30 million to change a lot of crosswalks and pedestrian intersections and light systems and all that sort of stuff -- and I don't have that money. So, you ask and you know, we have to do a lot of work in Stamford and -- and and I think as many of the other members of the committee well know, Stamford has the highest daytime population of any city in the state. It's heavily crowded in and we have at the same time, a 0 001204 60 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
growing downtown population of Millennials, some of whom don't even own cars, and so the problem exists 0 in the downtown area. It exists on High Ridge and Long Ridge, which are a very different environment and we've got to do a lot of things and I think your -- your word about you need education, engineering, and enforcement, the three E's -- is exactly right. We did in fact, borrow those words from New Haven - this is part of the enforcement, and it does have an education. So, how much of an impact will this have by itself? I don't know. I view this as a necessary component. We have -- this is another thing that we have to get serious about -- and the reality is, is that because of this growing conflict between the motorist and between the pedestrian or cyclist, I feel that this problem is going to get worse before it gets better and therefore, we're trying to address it as fast and as soon as we can - - I think this helps. I think this helps from an education standpoint and for those that don't get it, I think it helps from an enforcement standpoint. 0 REP. TONG (147TH): Any further questions. Thank you.
MAYOR MARTIN: Thank you.
REP. TONG (147TH): Michael Rinaldi. Good afternoon.
MICHAEL RINALDI: Afternoon. I would like to thank State Representative Caroline Simmons, Chairman William Tong, Chairman Coleman, Ranking Member Kissel, Ranking Member Rebimbas, and all the honorable members of the Judiciary Committee for the opportunity to speak in very strong support of House Bill 5400.
0 001232 88 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
REP. TONG (147TH): I want to thank you, Representative Adams for encouraging us to raise 0 this legislation and for introducing the bill and I think we were moved by Sharon's testimony at the beginning and appreciate both of you putting a face on this issue. Senator McLachlan.
SENATOR MCLACHLAN (24TH): Thank you, Mr. Chairman. Thank you Representative Adams, for this proposal. In the City of Danbury, in close proximity to Western Connecticut State University, we had a tragic pedestrian fatality. Although, not at a crosswalk. It did bring forward a new idea, which I think probably should be spread throughout the state, where there are now flashing orange strobe lights in a crosswalk when someone pushes the crosswalk button, it lights up the strobe light so that drivers clearly know there's someone in the crosswalk.
There are obviously a number of crosswalks that don't have an intersection and so therefore, don't 0 have a regular traffic signal, so you might want to consider that and take a look at that -- that that was approved by State DOT and seems to be the progressive way to deal with crosswalk safety. I wish that we could add that same feature to nearly all of our crosswalks, but it is cost prohibitive, therefore, we've only done it at the real problematic ones. Thank you, Mr. Chairman.
REP. ADAMS (146TH): Well, one of my constituents also emailed me on exactly that, which this bill actually addressed that when you go to 14, that's 300 through -- that's D -- that's C -- also talked about -- intersection that doesn't have crosswalk which a motor vehicle must grant right to any pedestrian that is crossing to work. So category C -- automatically give the right to the pedestrian 0 001233 89 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
when they come off the sidewalk into the c intersection. So, this would also be a fine if they are engaged into an accident with a -- with automobile. So this bill will also entail that also. Thank you.
SENATOR MCLACHLAN (24TH) : Good work, thank you, Representative.
REP. ADAMS (146TH): Alright, thank you.
REP. TONG (147TH): Representative Smith.
REP. SMITH (lOBTH): Thank you, Mr. Chairman, and thank you Representative Adams. This is the first time I've met you -- it's good to meet you here today in Stamford. Welcome aboard.
REP. ADAMS (146TH): Thank you.
REP. SMITH (lOBTH): You bring forth an important issue, actually. Most people talk about it being a city issue 'cause there's obviously many crosswalks c -- you know, I come from New Fairfield -- we have one. We have one crosswalk and it goes to one little parking area across to the town hall and every time I cross it -- well, I always wait because most cars do not stop. At first I thought it was just because I figured maybe they get two for one - you know, a lawyer and a politician all in one hit - - but I've noticed that there's others as well where they just fly on by -- and it's -- you know, they go pretty fast, so it's an issue. I mean, people just completely disregard the fact that it is a crosswalk that they need to stop and pedestrians do have the right of way to cross, but you do take your life in your hands if you don't make sure they stop first, so, thank you for bringing this forth.
REP. ADAMS (146TH): Appreciate it. 0 001234~ March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
REP. TONG (147TH): Further questions. Representative Lemar, from New Haven. 0
REP. LEMAR (96TH): Thank you, Chairman. Thank you, Representative for coming here today and testifying on behalf of this. Like I mentioned to the Mayor earlier, I think it's outstanding that more and more communities are -- are jumping in on this and recognizing the importance that a safer roadway network will play for all their citizens and residents.
I want to test you one component of this, which I think, we are behind the times on, and that is the requirement that you actually step into the road for the protection of the crosswalk to apply to you.
Many other states across the country, you just have to approach the intersection. You have to get steps away from the crosswalk and cars are supposed to recognize, okay, this person's willing and -- and maybe desiring to cross the crosswalk, I need to slow down and stop for them, and then allow them to 0 cross the road. We have a yield to pedestrians in the crosswalk, meaning you actively have to step into the road before the protection of the law applies to you.
So, I want to know your thoughts about following the lead of most other states and having this protection be a stop for pedestrians approaching the crosswalk, rather than a yield to pedestrians who are in the crosswalk.
REP. ADAMS (146TH): I think that should be the next step, but I think it's -- it's important that we get this up and then maybe next year, we can add that to it or we feel that it -- it could go that way now - I'm all for it. The more we can do for pedestrian safety, I think it's important because we should not 0 001235 91 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
have to have this many deaths in -- in the State of c Connecticut, which is 47 people was killed by cars.
I mean, in Stamford, we're pretty safe and we lost more people by car accident than guns and -- and - and so I think one death in any city is too many. So whatever we can do to help pedestrians in a safe matter, we should do, because back in the old days, we didn't have right turn on reds, we didn't have cell phones, we didn't have texting -- and now we got lights that's going into the lane now, so we need to be more cautious than we was before, so I so I think this is an effort to let the people know that if they abuse this, it's gonna' cost you and - and hope that they get the message by the tickets they will have to pay and this also clear a lot of confusion about who's responsible for writing the ticket. You know, by turning -- turning this from infraction to a violation, you -- you put this responsibility on -- on the police officer that's at the scene, so he -- he automatically write the c ticket, there's no more confusion.
So I think this here would be a lesson learned from both sides and hope that next year Stamford could say zero and the year after that zero in every town. But I think this is a good effort.
REP. LEMAR (96TH): Thank you, Representative and that -- I think that's exactly right. I -- I appreciate the broad effort that we're trying to apply to traffic laws and I think the -- the zero number is -- is a number we should all adopt. There should be zero deaths in our roadways because you know, pedestrians and cyclists trying to cross the road and live their lives like any other citizen and -- and I think -- I appreciate the approach you're taking in Stamford and hopefully your advocacy locally combined with advocates across the state can 0 001236 92 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
get the state law passed this year and make it as strong as possible. Thank you again. 0
REP. ADAMS (146TH): Thank you. Thank you for your support.
REP. TONG (147TH): Further questions. Thank you, Representative.
REP. ADAMS (146TH): Thank you. Appreciate it.
REP. TONG (147TH): Jeff Alswanger. \\P, 5400 JEFF ALSWANGER: Good afternoon, Chairman Tong, Chairman Coleman, members of the committee. First, sea4h thank you for all the work you do. My name is Jeff Alswanger. I'm currently the President of Stamford Board of Education and have served on the board for five years and I'm also a parent of a child in our district.
Like any Board of Education we spend lots of time dealing with lots of different issues. Budgets - lots of issues affecting our district. And many of those issues, sometimes are emergencies and sometimes we're trying to deal with improving the perception of our schools.
In all my board experience, nothing has been more disrupting to our district than a very damaging episode of an improper sexual behavior by an employee that has occurred in our schools.
The harm to the student involved in such conduct is significant, incalculable, and long lasting. All students in the school where -- where this kind of event occurs are negatively impacted, both in their sense of personal security and their affection for their place of learning. And morale in our entire school system and our entire community, suffers. Because of their seriousness and also their very 0 001275 131 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
REP. SIMMONS (144TH): Thank you, Mr. Chairman. 0 Thank you both again. Just want to echo the sentiments that were said about just how articulate you and all the excellent points you made and the suggestions you made for how we could improve this legislation. Representative Rebimbas and I were just joking that we could use your help on all of our bills -- help us scrutinize them and how we can better strengthen the language -- I think particularly your points about adding training as a component to this is an excellent suggestion and as well as really clearly defining how this fulfills the requirements in the federal Every Student Succeeds Act and your point about this applying to not just teachers but other nonteaching staff. I believe in line 154, it does say that it applies to any applicant who has direct student contact but we'll make sure to go back and -- and further clarify that, if that's not the case -- so thank you again for your excellent testimony and continue to c make your voices heard because you're great leaders in our community.
NAMRATA RAMAKRISHNA: Thank you.
LETICIA SANCHEZ: Thank you.
REP. TONG (147TH): Thank you. Further questions. Thanks again.
NAMRATA RAMAKRISHNA: Thank you.
LETICIA SANCHEZ: Thank you.
REP. TONG (147TH): Steven Kolenberg. Good afternoon.
STEVEN KOLENBERG: Good afternoon everyone. Co- H-12 5 YD3 chairs Tong and Coleman, Ranking member Rebimbas and ~f? 54 OO esteemed members of the Judiciary Committee, I'd like to thank you today for allowing me the 0 001276 132 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
opportunity to speak. My name is Steven Kolenberg and for those of you who are not from Stamford, I 0 represent District 16 on the Stamford Board of Representatives.
I am here today to speak in support of House Bill 5403, AN ACT INCREASING PENALTIES FOR FAILURE TO YIELD TO PEDESTRIANS IN CROSSWALKS AND FAILURE TO EXERCISE DUE CARE TO AVOID HITTING A PEDESTRIAN OR CYCLIST.
As previous testimony has shown, over the holiday season, a total of three people were hit by cars on High Ridge Road, which is a major artery that runs through the heart of my district. And, and again, as previous testimony has shown, one of those accidents was fatal.
So, I've been in communication with the police department and I've been in communication with the office of operations but there's a fair bit that in my role as the City Representative, I can't really get done, especially in terms of enforcement.
In order for the -- it's a state statute to raise the fees on -- or the fines, rather, on people who don't yield to pedestrians and we actually came into this problem, I think, October or November when this matter was brought before our City of Transportation Committee.
we were -- the only thing we could do was add additional fines to the civil citation process which is logistically, was not going to work in a criminal situation if somebody gets pulled over for, you know -- with a pedestrian -- not respecting a pedestrian's right of way. It just wasn't going to happen.
so, my colleagues and I are -- in the municipal government -- are working as -- you know -- as hard 0 001277 133 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
as we can on this issue to fix you know 0 Mayor's Safe Street Initiative a lot of other issues that comes into this -- we're doing everything we can -- we just need your help in -- in increasing the enforcement on this issue so that - you know -- everyone who walks down major roads like High Ridge Road -- state roads and even down here, on Washington Boulevard.
I have friends who got hit by cars going to and from class. It's a very serious issue and anything you guys can do to increase the fines and help us in the enforcement side of this would be very, very appreciative so that we can respect all people who - - who move -- walk on our roads, whether they be in a car, on a bicycle, or even on foot. Thank you very much.
REP. TONG (147TH): Thank you, Mr. Kolenberg and appreciate your testimony. c STEVEN KOLENBERG: Thank you. REP. TONG (147TH): Wanna' ask you a few questions about this bill.
STEVEN KOLENBERG: Yeah.
REP. TONG (147TH): And -- you know, you mentioned that you're asking for our help on the enforcement side, so I -- I guess I would ask you about -- about that subject and enforcement here in this city. Do you feel -- you know, even if we did raise the penalty to $500 as -- as Representative Adams has proposed in his bill -- do you think the city has adequate resources and focus on actually enforcing that law and issuing citations and prosecuting people for -- for these infractions?
STEVEN KOLENBERG: Absolutely. Actually, our Stamford Police Department's been very good in 0 001278 134 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
enforcing our -- you know -- distracted driving laws -- so, talking on cell phones, talking on, you know, 0 texting while driving, they've been very, very good with that, so I have no doubt that they'll be able to enforce this efficiently.
REP. TONG (147TH}: Do we have any statistics on - on enforcement -- how well they're doing. I just want to get a sense of --
STEVEN KOLENBERG: Yeah, I'd have to refer you to Director Jankowski or Police Chief Fontneau for that information.
REP. TONG (147TH}: And in terms of the -- the dollar amount -- the fine amount do you feel that $500 is sufficient -- too much?
STEVEN KOLENBERG: Honestly, I -- you know -- you always want to see more but it -- it's a deterrent - - but $500 is definitely sufficient in the deterrent effect of this -- you know -- of -- of increasing these fines. 0
REP. TONG (147TH}: Do you estimate that it will deter people and --
STEVEN KOLENBERG: Oh yeah, absolutely. Listen, if -- if a $150 fine for talking on your cell phone when you're driving has deterred a significant amount of people from talking on their cell phones on our city streets -- $500 for not -- you know - respecting the right of way of a pedestrian will definitely wake some people up.
REP. TONG (147TH}: Well, I guess I wonder about that. You raise another issue, which is, is $150 for talking on your cell phone a sufficient deterrent. I will tell you that driving on High Ridge Road, not a day goes by that I don't see somebody talking on their cell phone, you know, 0 001279 135 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
[crosstalk] hand held to their ear, never mind blue 0 tooth -- I wonder if we really are deterring people.
STEVEN KOLENBERG: [interposing] Yep.
REP. TONG (147TH): Should we be looking at raising those penalties.
STEVEN KOLENBERG: Listen, I'm not -- that's up to you guys. I'm here to talk about -- what we can do to help people who don't respect the right of way. If you guys feel that it's necessary to jack up fines for talking on your cellphone -- by all means.
REP. TONG (147TH): Let me ask you about Bill 5400.
STEVEN KOLENBERG: Yep.
REP. TONG (147TH): Have you had a chance to review that bill?
STEVEN KOLENBERG: Not in -- not as precisely as I c liked, but I -- REP. TONG (147TH): Do you have any thoughts on it?
STEVEN KOLENBERG: Yeah. Listen, if -- if somebody is accused of what they're accused of in this bill, and there's no reason why they should be passed off to you know, New Canaan or Norwalk -- who are just releasing their contract and sendin' somewhere else. This has been a problem systemically in sexual abuse cases. We see this in communities ranging all across the board -- is that when -- you know, something like this happens -- they just send them somewhere else and you know, let them deal with it.
It's a big problem nationwide and we should definitely be moving to correct that.
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REP. TONG (147TH): Is there anything that we should know about that the Board of Reps is doing right now 0 on this issue?
STEVEN KOLENBERG: Actually, the Board of Reps - our kind of -- prerogative if you will -- on education issues is very limited. Most of those issues are handled by the Board of Education.
REP. TONG (147TH): Further questions. Representative Lemar.
REP. LEMAR (96TH): Thank you, Chairman. Thank you, Steven, for coming in today [crosstalk] and testifying.
STEVEN KOLENBERG: [interposing] Thank you.
REP. LEMAR (96TH): You know, I just want to highlight -- we worked on a lot of these bike walk issues in New Haven for a long period of time and you know, when I first started on the Board of Aldermen, we -- I -- I would -- often come up and 0 say well, it's the state's fault of not doing this, the state's fault in not doing that. The reality is and this is something you might -- might take back to the Board of Reps, is a lot of this is under your purview. You can increase the fines, that's maybe gonna' help a little bit -- but the reality is, this is a local issue that we need to attack head on.
You know, working with your police department and getting those folks out there, if they're enforcing it now, they're not gonna' want to enforce it any more. So I encourage you to have those hard conversations and -- and embrace the role that you've got now to -- to -- to get your local police department to really take on and tackle this issue.
STEVEN KOLENBERG: We've definitely-- that's definitely something that we can pursue -- and we've 0 I 001281 137 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
done a -- whole lot to make the streets safer in 0 Stamford. I mean, I co-sponsored the Safe Street Initiative and I was on the Public Safety Advisory Committee for Downtown Special Services district.
So we're -- we're definitely working in that direction but again, the one place that we are lacking is enforcing it and that's where I'd like to ask for your help in this regard.
REP. LEMAR (96TH): And again, enforcement -- like all we can do it raise the cost of these tickets.
STEVEN KOLENBERG: Right. [interposing] And that's a huge deal. That makes a big difference.
REP. LEMAR (96TH): But but you need -- and this is -- the problem we've run into locally, is you need to have those hard conversations with your local police department and you -- you need to - [crosstalk] really encourage them to be the ones who go out there and enforce it, because no matter what c the fine is, if it's not a priority, if the City of Stamford doesn't have the resources to go after this as a quality of life crime, then it's not really going to have the impact that you need, and like a lot of the efforts that we've done at the state level like I've been proudly supportive of, but it's really the issues that I tackled the back when I was on the Board of Aldermen in New Haven, that made the real difference.
STEVEN KOLENBERG: [interposing] No, absolutely.
REP. LEMAR (96TH): And so, you know, yeah, we'll take a look at this. You have my support to -- to move this sort of stuff, but there's a lot of work that has to happen on the local level to really achieve -- the end result that we're really looking for. 0 001282 138 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
Again, back to your role on the Board of Reps. The Mayor indicated his support for a series of pieces 0 of legislation today and I want to get some of your thoughts on those issues. Are those -- are those things that you probably are supportive of or -- I mean, I know your delegation up here is working really hard to-- to push the Mayor's agenda.
STEVEN KOLENBERG: Specifically, what legislation were you referring to?
REP. LEMAR (96TH): The Mayor testified to I think - - nine bills earlier I'm not sure if you were here for that?
STEVEN KOLENBERG: Okay. I was in and out -- I actually had class earlier, so
REP. LEMAR (96TH): Okay, well if you're not prepared to -- to support that that's fine, I was just wanted to know if the Board of Reps had a had a -- an opinion on that. 0 STEVEN KOLENBERG: At this time, not exactly, no. I'm -- I'm also not completely authorized to speak for the Board of Reps, so I mean -- it's a 40 member board, so -- I can't -- I can only speak for myself and the issues in my district.
REP. LEMAR (96TH): Alright, thank you Steven.
STEVEN KOLENBERG: Thank you.
REP. TONG (147TH): Further questions. Thank you.
STEVEN KOLENBERG: Thank you.
REP. TONG (147TH): Kelly Kennedy. Kelly has been sitting there, patiently.
KELLY KENNEDY: I tried.
REP. TONG (147TH): Thank you for being here. 0 I 001283 139 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
KELLY KENNEDY: Good afternoon everybody. My name 0 is Kelly Kennedy. I'm the Executive Director of Bike Walk Connecticut. If you're not familiar with us, we're a statewide membership organization that advocates for active transportation and for making Connecticut a better place to bike and walk -- and that includes, making Connecticut a safer place to bike and walk.
So, I am here to express our support for House Bill 5403 and we thank the Committee very much for putting this important bill forward.
There's been a steady supply of news accounts lately that show that Connecticut is not hospital to pedestrians and cyclists. People are getting hit, killed and injured in Stamford, it's happening in Bridgeport, it's happening in New Haven. There was just another report last night on -- that somebody was hit in New Haven -- it's happening in Hartford - - it's happening in our suburbs and in rural c communities. It's happening everywhere. And it's not a new phenomenon.
When Bike Walk Connecticut supported the Vulnerable User Bill in 2014, we reported on some findings that 10,793 people were injured or killed -- pedestrians and cyclists were injured or killed on Connecticut roads from 2006 to 2012. That's more than 1500 people a year -- 30 a week on the average. That's not okay.
So, we have a safety problem. What's the solution? We think education is part of it. You all should have gotten a Share the Road brochure that Bike Walk Connecticut is very proud to have published and we're working on a Share the Road campaign. c 001284 140 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
It's not just for drivers -- it's for everybody. Drivers, pedestrians, and cyclists, all need to know 0 those rules of the road and we need to follow them.
We'd like to work with DOT to put out a massive statewide multimedia campaign like Minnesota's done to get a good effect.
In addition to following the rules of the road, I should point out that we want people to self regulate. We don't want our police forces who are already spread very thin to have to focus on these issues, but if people are not going to self regulate, then I guess that's what it comes down to.
And so, legal, financial -- and financial consequences increased penalties, would help change behavior, but as Representative Lemar just pointed out -- enforcement is a big part of the issue too. So that's another piece of the puzzle.
We have some good laws on the books. There's a Vulnerable User Bill that imposes a fine of -- that 0 makes a fine mandatory of up to $1,000. But to the best of our knowledge, it hasn't been enforced. There's a three foot safe passing rule that isn't widely observed or -- or easily enforced.
While you're at it, making these amendments to penalties, we'd like you to take a look at 14-300 subsection c and you've talked about this earlier today. That's the rule that got changed in 2007 and sent us backwards. The rule had been that drivers needed to yield to pedestrians who were at or in a crosswalk, and for some reason, that -- that rule was changed in 2007 to require people to step into the crosswalk and hope that cars will stop for them.
Our written testimony calls your attention to Minnesota -- Minnesota's laws and other model laws - - and the NCSL's link on a 50 state summary of 0 I 001285 141 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
pedestrian crossing laws that we hope you'll refer 0 your attorney's to.
And at the end of the day, we hope that the State of Connecticut will endorse a policy that encourages and promotes and even incentivizes active transportation. It's not just a health issue or a safety issue. It's a traffic congestion issue. It's a climate change issue. And I believe it's also an economic competitiveness issue. So millennials and knowledge workers are not looking to move to places where they get to spend hours upon hours sitting in their car. Four out of five Connecticut residents drive to work alone in their car -- and that might have something to do with our -- our congestion problem, but people are looking for safe places where they don't need a car and want to have a good safe place to bike and walk.
So we look forward to working with you to make sure that this bill passes this year and gets over the c line. Thank you. REP. TONG (147TH): Thank you, and I want to thank you for making the economic competitiveness argument, because it's -- it's doesn't occur to everybody, but we're seeing that in Stamford. You know, Stamford is a net migration in city -- we have -- we are growing. And the people that are coming into this city are focused on the downtown and they're walking and they're supporting all these restaurants and retail that are growing here in this downtown and-- and that's why this bill is so important to our community, because we want to make sure that this is the kind of place that people want to come to and live and put down roots and -- and and part of that is feeling safe downtown [crosstalk] and feeling like getting around is
0 001286 142 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
something easy and safe to do, so... Thank you so much for making that argument. Any questions. 0
KELLY KENNEDY: [interposing] It's a big part of it.
REP. TONG (147TH): Senator McLachlan.
SENATOR MCLACHLAN (24TH): Thank you, Mr. Chairman. Thank you, Kelly, for your testimony and your advocacy with Bike Walk Connecticut.
You mentioned something about a penalty of $1,000 that is not being used -- not enforced -- and I -- I missed what you were -- what infraction you were talking about.
KELLY KENNEDY: The -- the Vulnerable User Law that was passed in 2014 says that for people who are following the rules of the road -- pedestrians or cyclists -- assuming that they are not negligent themselves -- if a driver is careless and causes serious injury or death -- there's a mandatory fine up to $1,000. I don't know of any incidents where it's been applied. So, enforcement is a big issue.
SENATOR MCLACHLAN (24TH) : Thank you.
KELLY KENNEDY: Thank you .
SENATOR MCLACHLAN (24TH): Thank you, Mr. Chairman.
REP. TONG (147TH): Representative Lemar.
REP. LEMAR (96TH): Thank you, Mr. Chairman. Thank you, Kelly for coming out. I really appreciate - usually see you at Transportation and it was great to have you at Judiciary as well.
The Vulnerable User's Bill has been -- it was something we worked on together for three years and to see it just fail at this point is -- is discouraging. I think we're going to have the first 0 001287 143 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
application of it coming in the next week or two 0 one case has been under investigation for the last few weeks and I think Police in New Haven are finally going to use it to charge somebody.
But we might have to revisit that in future years as well, and that's something we'll have to tackle in Judiciary Committee because we didn't define some of the words properly. Purposefully because -- to get it out of committee at one point. People wanted words to reflect their opinion of the law -- but we may need to go back and revisit some of the language in those laws -- what serious injury means and for example, that's the challenge that most police departments are struggling with. What raises to the level of serious injury and whether or not to apply that charge to them. There's no definition in state statute that they can use to -- to reach that threshold. So may have to go back and revisit that --but we are getting there-- I think we'll use it c for the first time in New Haven in this coming week. But I -- I think your points in your submitted testimony are outstanding and on point and clearly provide great direction for this committee and the general assembly to go -- and in making our streets safer, so thank you.
KELLY KENNEDY: Thank you.
REP. TONG (147TH): Further questions. Thank you. KELLY KENNEDY: Thank you.
REP. TONG (147TH): Mike Pappa. Good afternoon, Mr. Pappa. Nice to see you.
MIKE PAPPA: Oh, nice to see you all, and would like to thank the -- you know, the -- Tong and Coleman you know, for allow this -- allow this thing to happen and I'm -- you know, every time I come to 0 001288 144 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
these hearings, always learn something, and in this case actually, I do learn about these extreme 0 measures maybe necessary to -- to avoid disaster for -- create harmony in society for people to move along.
Now the question is that -- you know, I agree with all these things -- but I'm afraid that this might create -- you know -- if it -- every time we allow things to come to extremes then we always need to come up with extreme measures. Now you understand it also -- extreme measure also takes away from the liberty of people to -- you know -- feel comfortable to live and adhere. So, what I say maybe as a solution or you know, local behind -- you know - from another point of view -- I would suggest maybe to develop an excellence in whatever we do because looks like sometime we just settle for mediocrity, over here. Like if, when I was coming today, just to give an example, you know, I pushed the button at the light over there. I had to wait about 10 minutes for the light to go on. Then all of a sudden when it finally go on -- by the time I was walking, it become red again. You know, so a lot of people sometime when they see that the system is not working they just go on and -- and they're close and the other car is coming and maybe it comes with a green light and they hit -- accidentally -- someone. So what I would suggest is that -- for the local government -- maybe to -- to develop a more of an excellent start or approach, and not just settle with mediocrity.
You know, not only when they do this kind of things, but also the way that take care the land, they improve the -- you know -- some of the -- with the trees -- you know, for the people to see they doing an excellent job, you know, then the people learn the importance of remediated this kind of things 0 001289 145 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
before the power line will fall and will cost a lot 0 of money.
This happened to my business that I develop this kind of from A to z approach and this works very well 'cause you -- you save money on workers' compensation, you save money on the you know, remediations and everything else so I don't see why an excellent type of thing in the City of Stamford will work. Would be a good solutions. We are a growing city right here and looks like that creates a lot of stress so there's a lot of opportunities when the city grows but the question is if we don't develop an excellence in whatever we do, we're gonna' really have a hard time just try to dwelling on this kind of people moving in and moving out - everybody goes with the car when they're supposed to use a bus.
It's a lot of suffering. You know, a lot of pains. Adjusting. And I would suggest that you know to -- c to pay attention and to develop an excellent work and everything we do from police to -- to fire and parks and so on. You know, to -- to -- in a way that we could reduce the cost and also create a more freedom on people to move around without -- you know, everything to -- to pay a $1,000 fine -- if the people don't feel comfortable, maybe they want to go to Florida or something. Alright. So.
REP. TONG (147TH): Thank you Mr. Pappa. I really appreciate and appreciate all of your leadership on these issues and the environmental issues that you've weighed in on as well.
MIKE PAPPA: Thank you.
REP. TONG (147TH): Questions. Thank you so much for your patience today.
MIKE PAPPA: Okay. 0 001290 146 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
REP. TONG (147TH): Colleen Kelly Alexander. Colleen Kelly Alexander. Good afternoon. 0 [indistinct 0:20.56) maybe.
COLLEEN KELLY ALEXANDER: Hello. Thank you so much for all of your support. My name's Colleen. I'm here from Madison Connecticut. I'm a representative of the Board of Directors for Bike Walk Connecticut. I'm also a survivor of a critical cycling trauma.
In October of 2010, upon riding home from work, I was run over by a freight truck who blew a stop sign, ran me over with front and back sets of tires and left me critical.
I was resuscitated multiple times. I was in a coma for five and a half weeks. I was at Gaylord for multiple months and I'm now 29 surgeries in. So, I am here, thankfully, I'm on that line of those who are injured and I'm not on the line of fatalities.
Part of my reason for being here is to be a voice for all of those who don't have the opportunity to be a voice anymore. I would like to ask that you do pass this bill -- 5403. I think it's a very small amount to ask to be passed, but I believe that having the bill in place then gives us that much more movement to be able to go into our towns and our communities and work with our police departments, work with our school systems and help to really spread this word about safety.
Unfortunately, the gentleman who ran me over got an infraction for blowing a stop sign so had I stayed dead, we could have potentially had charges for involuntary manslaughter but instead he got a slap on the wrist and an infraction.
What happened to us is we lost the chance to have our baby and I will have chronic issues for the rest of my life so -- yeah I would just like very much 0 001291 147 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
so, to ask that this law be passed, and thank you 0 for considering it. REP. TONG (147TH}: Thank you for your powerful testimony on this issue. I wasn't expecting that, so I appreciate you having the patience and the courage and for sharing what obviously has been difficult but clearly you have persevered and I'm not sure if you were a strong person before but you're -- certainly seem like a stronger person now. [crosstalk) So, thank you and thank you for putting a -- a face on these issues because I think sometimes when we see-- you know --"bills about pedestrian access and bike lanes -- it can be easy to sort of compartmentalize those as feel-good, you know, progressive legislation and Representative Lemar -- right? I mean, these are things that even as a democrat, you know -- it -- it's hard to make that connection that this affects people's lives.
COLLEEN KELLY ALEXANDER: [interposing) Surely. c Yes. REP. TONG (147TH}: You know, it's not just something that we should 'cause it's a good idea and makes our lives better, this affects people's lives and thank you for really hitting us hard with that.
COLLEEN KELLY ALEXANDER: Absolutely. REP. TONG (147TH}: Questions. Thank you.
COLLEEN KELLY ALEXANDER: Thank you.
REP. TONG (147TH}: Scott Williams. Scott Williams. Gwen Samuel. Gwen is my Facebook friend. [laughter)
GWEN SAMUEL: Oh yeah. When I heard you were leading these bills, oh you were all my friends. BFF's -- if you will. [laughter) 0 001292 148 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
So, good evening, everyone. Good afternoon. It's a pleasure to be a hour into Stamford. I'm from 0 Meriden. I'm a mom. I have children in the school systems Mariden. I'm here with a New Haven mom and we thought it was very important that you're not only hearing from parents but you're hearing from an urban perspective because while we appreciate Stamford leading the charge, these concerns of abuse and neglect are happening across the state.
So, again, we're appreciating Stamford for taking the lead on this and I don't see any gray area. So, I -- I definitely want to be very clear. So, I support four bills, I want to get this out of the way.
What I support-- I'm supporting_Senate Bill 245, AN ACT CONCERNING MUNICIPAL RECOVERY OF MONEYS PAID ON BEHALF OF DISPLACED TENANTS. So, in my life, I'm a -- I am the founder of the Connecticut Parents' Union, so I work to protect the educational rights of children, so I work with families.
So in working with families, we deal with housing, right? You deal with life, because you're dealing with education, you have to deal with the whole family, the whole child. And so, there's an issue of absentee landlords. There's issues of slumlords, right? There are -- you know -- so I don't see this -- talking about this in isolation of looking at Housing Authorities. Right? We have -- we have federal programs, we have section 8, we have housing authority or you have subsidized housing -- so I believe this conversation needs to be had in conjunction with Housing Authorities because a lot of displaced workers are low -- I mean, displaced families -- are low income families. And if they're low income families then you're thinking of children. And if you're thinking of children, then 0 I 001293 149 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
that means that there could be some safety net c services that they do have. So, I don't see this conversation in isolation of looking at accountability.
Every bill I'm going to talk about, I'm asking you to look at enforcement and accountability and make sure we're not just being so reactive. We're in reactive mode now versus in preventive.
So again, I suggest -- I would recommend that we look at this bill and make sure we're hearing from federal -- looking at what we do with working housing authorities and things like that to make sure there's alignment in the policies because it's not just accountability on behalf of the landlord, but if section 8 is approving it -- if housing authority are approving these apartments, and these apartments have lead in them or that you're not holding these landlords accountable, then it's on the local district as well. And I'm working with a c family right now whose a family of four who house had -- all the children had high levels of lead - in Meriden Connecticut -- we're talking flint-level lead. And this is a house -- this is a parent that is on section 8. So the question becomes, how did this family even get into housing authority -- I mean, get into this housing, knowing that there is an inspection process through federal housing. So I don't think this is just a conversation for just lawmakers -- we need to look at housing as a whole.
Second bill I am supporting is -- oop okay. I'm 5403 -- so just so you know, pedestrian safety can be an educational aspect as well. I -- I developed a safe route to school program in Meriden -- it was the first of its kind -- it's a national program that I've got to present in Florida -- I was featured in Parent Magazine -- praise not accolades 0 001294 150 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
I'm just saying, we can look at this from a educational component that you're engaging children, 0 that you're engaging families in the process of pedestrian safety.
When we think of school safety, we don't think about walking children -- we only think about school buses. We don't think about our seniors when we're thinking about walk routes and we need to hold ourselves accountable because some of these properties that are in foreclosure are owned by cities and you're not even managing your own properties, so if we're going to hold individuals accountable, we need to look at local enforcement around this as well, and we need to partner with our school districts, we need to partner with our community centers, with our faith-based -- you don't have to do this in isolation -- because we are in tough times, looking at a crazy budget so we have to figure this thing out and it doesn't require a lot of money -- I think it requires working with your communities and -- don't end -- underestimate 0 parents like me -- right, there are many of us who are working with you and we would be your enforcement when you're not. So, best believe a good mom walking with their children on safe routes to school, we have a walking school bus and you're looking at the conditions of the walk route, they will bring this attention, they work with your school crossing guards, your school crossing guards are a huge resource. Right, so again, I think you're looking at this just punitive, which you're doing with reaction versus how do we look at this collectively as a state.
So again, you have department of transportation safe routes to school, I believe you should work with them, we get federal dollars, some of this thing will have to come out of our budget because if we 0 • 001295 151 March 2, 2016 cf JUDICIARY COMMITTEE 1:00 PM
partner with the federal -- you know -- safe 0 sidewalks and things like that.
As I close, I do have to make this last, and this is Senate Bill 5400. I work with Terry from SESAME campaign, I work with New York City Parents Union, I work with parents across the country. I can literally say I work with every parent or parents in different states -- and this bill I got calls for, texting, Gwen did it come up, is it gonna' be filmed, can you share it? Because this is a concern from parent's perspective.
With all due respect, I understand teachers got due process. But who gives our children due process? Teachers have unions. I am my child's union rep. Parents are their children's union rep -- and you cannot make -- in all due respect -- you can't make this isolation of safety without including parents. Because it's too easy for you to say you have a gray area when that baby could be exposed to something. 0 When someone's child could be exposed to something. And I have the right to know what is happening with my child so I can make an informed decision on do I want to continue to expose it or do I want to make - - or have the opportunity to choose something what's best for me? While I do understand teachers have rights and we understand they're called allegations. But why not air on the side of caution? You do it every day with DCF. One thing about our Department of Children Families, you will hold me accountable in a minute.
If there's a suspected abuse and neglect DCF has something what they call a preexisting -- so because you have a pattern you will intervene automatically. It could be held to the same standards for teachers. And administrators. Or cooking staff. Or the janitor. Or the man who cuts who the lawn. If 0 001328
0 DAVID R. MARTIN TEL: 203 977 4150 MAYOR FAX: 203 977 5845 CITY OF STA.v!FORD, CONNECT!Cl'T E-MAIL: [email protected]
Judiciary Committee Public Hearing
March 2, 2016
Testimony of David Martin, Mayor of Stamford, regarding:
• An Act Concerning The Reporting of Injuries Resulting From the Discharge of a Firearm and Stab Wounds (SB244) • An Act Concerning The Zero-Tolerance Safe School Environment Act (SB246) • An Act Increasing Penalties for Failure to Yield to Pedestrians in Crosswalks and Failure to Exercise Due Care to Avoid Hitting A Pedestrian or Cyclist 0 (HB5403) • An Act Concerning The Filing of Workers' Compensation Claims When A Municipality Is The Employer (HB5364) • An Act Concerning Municipal Recovery of Moneys Paid on Behalf of Displaced Tenants (SB245) • An Act Concerning The Disclosure Of Certain Education Personnel Records (HB5400)
Good Afternoon Senator Coleman, Representative Tong, Senator Kissel, Representative Rebimbas and members of the Judiciary Committee. Thank you for holding a public hearing today in Stamford to allow my Administration and Stamford residents to testify on a number of bills that affect Stamford. I am going to speak about a few bills that will benefit the City and residents of Stamford.
0 Page 1 of8
888 WASHINGTON BOULEVARD •:• STAMFORD, CT 06901 + WWW.STAMFORDCT.GOV 001332
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• House Bill 5403, An Act Increasing Penalties for Failure to Yield to Pedestrians in Crosswalks and Failure to Exercise Due Care to Avoid Hitting A Pedestrian or Cyclist
I support the increase in penalties for motorists failing to yield to pedestrians and cyclists. Since I became Mayor, we have been working to make crosswalks and bicycle paths safer. We are also actively working to educate motor vehicle operators about sharing the road with pedestrians and cyclists. Despite our continuing efforts, we had two pedestrian deaths last year from automobile accidents. We need to do more and an increase in penalties would add teeth to our efforts.
Like many other large cities, there are a growing number of cyclists and pedestrians in Stamford particularly with the influx of young people to our Downtown and South End neighborhoods. Because of this, there will be even more potentially dangerous interactions between pedestrians/cyclists and motor vehicles. Distracted driving and distracted walking is also increasing which adds 0 another layer to this problem.
Operators of motor vehicles need to be held responsible if they do not appropriately yield to pedestrians or try to exercise care to avoid hitting a cyclist or pedestrian. Interestingly enough, my hope is that we wouldn't need to issue any tickets for this. I believe this legislation itself provides much needed deterrents, and hopefully drivers will be more mindful if they know that there are large fines for not exercising caution when sharing the road. This legislation would help significantly.
0 Page 5 of8 STANDING COMMITTEE HEARINGS
JUDICIARY PART 4 1383 – 1765
2016
001383
JUDICIARY COMMITTEE March 2, 2016
The Connecticut Conference of Municipalities (CCM) is Connecticut's statewide association of towns and cities and the voice oflocal government - your partners in governing Connecticut. Our members represent over 96% of Connecticut's population. We appreciate the opportunity to testify on bills of interest to towns and cities.
HB 5403 "An Act Increasing Penalties for Failure to Yield to Pedestrians in Crosswalks and Failure to Exercise Due Care to Avoid Hitting a Pedestrian or Cyclist"
CCM supports this bill.
The bill would, among other things, increase the fine for failure to yield to a pedestrian or exercise due care to avoid a pedestrian or cyclist. In addition, the bill would apportion $15 to be remitted back to the municipality where the violation occurred.
HB 5403 is as a way to enhance safety measures for pedestrians and cyclists sharing our roadways, -while provtding a mechanism to assist local communities with needed additional revenue.
CCM asks the Committee to favorably report HB 5403. **** If you have any questions, please contact Mike Muszynski, Advocacy Manager of CCM at [email protected] or (203) 500-7556. 001384
Juduser
From: Neil Pade
To the Judiciary Committee:
In revi "Recommendations to Legislators Crosswalk Law Revision: In 200i', a little recognized change was made to state statute (CSG 14-300(C)) relating to cars yielding to pedest ·ians >attempting to cross the street. Prior to the change, the law stated that at unsignalized crosswalks, motor •tehicles should grant the right of way to pedestrians who are at the turb at the entrance to the crosswalk. The change required that the pedestrian enter the crosswalk before a car must yield the right of way. This change has never been reflected in theState Driver's Manual. Particularly for vulnerable users such as children, the elderly and the physically impaired, the old statute, requiring motor vehicle operators to yield to a pe,·son at the crosswalk, results in greater safety. The Bo.Jrd recommends that the language of the statute be restored to require motor vehicles to grant the right of way to a pedestrian who steps to the curb at the entrance to a crosswalk." Thank vou for your consideration, NeilS. l'ade Chairm 1n, Connecticut Bicycle Pedestrian Advisory Board http:/Lwww.ctbikepedboard.org/uploads/1/0/3/8/10385744/ctbpab-ar-2015 final small.pdf 1 001385 0 Juduser From: Lukingbeal, Eric Follow Up Flag: Follow up Flag Status: Completed I urge you to put this bill before the legislature this session. I am 70 years old and now retired. I worked In Hartford for 40 years while living in Granby. During most of that time I cycled 5-10,000 miles per year. I tried biking to Hartford, and would have commuted to work on my bike. But I concluded it was just too dangerous for me. I know mimy others who feel the same way. It is worse now since so many drivers are on the phone. This bill won't solve all the problems but it will be a good start. P.S. My friend and fellow cyclist, Paul Hughes of Bloomfield was killed while biking in Bloomfield in 2014. Thank you for the opportunity to comment. Eric Lukingbeal 168 Day Street Granby 06035. Sent from my iPhone c This transmittal may be a confidential attorney-client communication or may otherwise be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution, or copying of this transmittal is strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by telephone at 1-860-275-8200, or e-mail at it [email protected], and immediately delete this message and all its attachments. c 1 001386 0 Juduser From: Emily Provonsha Dear Senators Murphy and Blumenthal; and Representatives Adams, Leone, and Simmons, As a member ofBikeWalkCT, an appointee ofCT Bicycle and Pedestrian Advisory Board, and an active volunteer with People Friendly Stamford, our local bicycle and pedestrian advocacy group, I thank you for raising HB 5403 An Act Increasing Penalties For Failure To Yield To Pedestrians In Crosswalks And Failure To ExerciSe Due Care To ,-\void Hitting A Pedestrian Or Cyclist, and important bill to make streets safer for pedestrians and cyclists. I urge the legislature to pass this bill in 2016. Too many of our citizens are killed and injured by motorists who are being careless and not yielding the right of way. I believe four pedestrians were killed in Stamford last year, and already two more pedestrians have been killed in 2016. In Bridgeport where I work, three pedestriariS have been killed so far in 2016. As I walk and ride my bicycle around the state, I fear for my life far too often. As I look to obey the rules as a pedestrian or c cyclist, I find that the rules make it difficult, disadvantage, and fail to prioritize nonmotorists. Beyond HB 5403, I have many other policy suggestions that have been successful in other states such as red light cameras · (New York), requiring vehicles stop for pedestrians anywhere in the roadway (Minnesota), and eliminating pedestrian signal buttons in high volume pedestrian and bicyclist intersections (many cities including NYC, Chicago, SF, DC, etc.) Further, to reinforce the intention of the 2014 Vulnerable Users Bill in CT, which acknowledges that nonmotorist are more vulnerable because they are not surrounding by a crash-tested metal shield and gives them further protection, please continue to make progress to protect nonmotorists by passing liB 5403. Lastly, if we want to create thriving, healthy, and vibrant communities, we need to prioritize safe streets for nonmotorists. There is only a positive benefit socially, economically and environmentally to improving legislation for safer streets. And the alternative looks grim across the board. Thank you for considering my views. Sincerely, Emily Provonsha 0 1 001387 0 Juduser From: Roth, Al;>igail Follow Up Flag: Follow up Flag Status: Completed Dear Members of the Judiciary Committee: Thank you for raisin~ HB 5403, an important measure to make it safer for pedestrians and cyclists to use the roads. I urge the leg:tslature to pass this bill in 2016. . I live in New Haven and mostly get around the city on foot or on my bike. I often see cars and trucks not yield to pedestrians in crosswalks. Because this behavior is so co:imi:ton, most pedestrians have been trained not to assume vehicles will stop for them -" but the current situation is _very dangerous. If this bill is passed, it would deter at least some reckless driver~, making the streets safer for everyone. There are so many benefits to more people walking and biking: it is healthy, good for the environment, and reduces congestion on our roads. However if walking and biking are not safe activities, people will not do it. Accordingly, passage of this bill will have ancillary benefits beyond safety, such as improving public health, c the environment, and the quality of life in our cities and towns. Again, thank you for raising this bill and for considering my views. Sincerely, Abigail Roth New Haven, CT c 1 001388 0 Juduser From: Russ Cumming Bike riding is a way of life In SE Connecticut. I am President of Mystic Community Bikes a non-profit supplying 70 bikes for use at Hotels and Inns, local marinas and the Groton Jet port. In the greater Mystic area. We offer these bikes for a day's rental to guests hi our area to cut down on local traffic congestion and to promote a healthy alternative to driving. We strongly support the use of bikes for local travel and would very much like to see bike lanes, new signage and promotion of bike safty rules to automobile drivers, like the 3 foot clearance when passing bikers. Please pass this bill. Russ Cumming, President Mystic Community Bikes, Inc. c c 1 001389 0 Juduser From: Scott Gamester Dear Rep. Tong, Sen. Coleman, and Members of the Judiciary Committee: As a member of Bike Walk Connecticut I thank you for raising HB 5403, an important measure to make it safer for pedestrians and cyclists to use the roads. I urge the legislature to pass this bill in 2016. As a daily bicycle commuter who rides in the capital region I find that a majority of drivers are safe and courteous to cyclists and pedestrians, but it only takes a few distracted and/or aggressive drivers to result in serious injury or death. Thank you in advance for considering my views Scott Gamester c J. Scott Gamester p: 860-264-1027 e: [email protected] llij(E X aboutme/gamester. 1 001390 0 Juduser From: Justin Navarro To the Judiciary Committee: As a cyclist who travels up to 32 miles when I bike to/from work, which includes a segment cutting through downtown New Haven, I strongly support this bill. Thank you for your consideration. Justin Navarro 754 Rustic Laoe Cheshire, CT 06410 0 0 1 001391 0 Carroll, Rhonda From: Benjamin Martin To the Judiciary Committee: Thank you for proposing HB 5403, which would raise the penalties for motorists that drive recklessly and harm pedestrians or cyclists. I ride my bike , as often as I can, for transportation to work and for recreation. CT is a wonderful place to.ride with the beautiful shoreline and many verdant roadways. This.l.egislation would make the state even better for walking and biking. I have often seen drivers taking chances that put other people in danger because they feel there are no consequences. We need drivers to be more careful and the best way to do that is to have more people walking and biking. We could have more confidence that drivers will be aware if they know that there are serious penalties to careful driving. Please support HB 5403 :AN ACT INCREASING PENALTIES FOR FAILURE TO YIELD TO PEDESTRIANS IN CROSSWALKS AND FAILURE TO EXERCISE DUE CARE TO AVOID HITIING A PEDESTRIAN OR CYCLIST. Thank you, Ben Martin 329 Ward St c Wallingford; CT 06492 203-215-0395 c 1 001392 0 Carroll, Rhonda From: Jerry Silber Dear Rep. Tong, Sen. Coleman, and Members of the Judiciary Committee: As a member of Bike Walk Connecticut I thank you for raising HB 5403, an important measure to make it safer for pedestrians and cyclists to use the roads. I urge the legislature to pass this bill in 2016 .. Too many of our citizens are killed and injured each year by automob~e drivers who are not be1ng careful and yielding as appropriate to those who are sharing the road and are more vulnerable because they do not have all that steel around them. As I ride my bicycle around our state I encounter too many drivers who are speeding or running lights when they have already changed to red. As I look to obey the rules, I ask for you to help convince all drivers that they need to do the same. Thank you for considering my views. Sincerely, c Jerry Silber, Stamford, CT c 1 001393 0 Carroll, Rhonda From: . Robert Dickinson I wish to express support for HB 5403 An Act Increasing Penalties For Failure To Yield To Pedestrians In Crosswalks And Failure To Exercise Due Care To Avoid Hitting A Pedestrian Or Cyclist. This bill would increase safety for pedestrians and bicyclist because of increased fines and the attention it will focus on the problem. Bob Dickinson 19 Birch Road South Windsor, CT 06074 c 0 1 001394 0 Carroll, Rhonda From: Colleen Kelly Alexander Dear Rep. Tong, Sen. Coleman, and Members of the Judiciary Committee:· As a member of Bike Walk Connecticut and a survivor of a severe cycling trauma here in the State of CT. I thank you for raising HB 5403, an important measure to make it safer for pedestrians and cyclists to use the roads. I urge the leglsfature to pass this bil~ 2016. My husband and I moved here in 2010 to start jobs. I was working as a director In the non profit sector and commuted via bicycle daily to work (approx 12 miles each way). Prior to my move to CT I lived in VT where I would often commute up to_ 30 miles per day to and from work. on October 8, 2011 While returning from an office meeting a freight liner failed to stop at a stop sign and ran me over with all sets of tires. 1 was brutally ripped apart, bled out and required multiple resuscltation 1s, I then spent a month and a half in a coma, another month and a half bed ridden at Gaylord, and over the next 4 years I would have a total of 28 surgeries. Thankfully I had been a strong willed triathlete and humanitarian and. inst~ad of making the trauma ruin illy life, I used it to be a catalyst for change. Had I not been-a conditioned triathlete my heart would have never handled the trauma. I almost left my husband and my family that day. c That day !lost the ability to bear our child. The driver of this freight truck received an INFRACTION. This Is unjust. Please pass this bill so we can hold others accountable and help make CT a safer place to bike and-walk. Thank you for considering my views. Sincerely, Colleen Kelly Alexander Survivor. Madison, CT colleenkellyalexander.com Colleen Kelly Alexander "Compassion is a verb." - Thich Nhat Hanh colleenkellyalexander.com c Colleen Kelly Alexander 7 001395 0 "Compassion is a verb.'' - Thich Nhat Hanh c 0 8 001396 0 Carroll, Rhonda From: Chris Vargas To the Judiciary Committee: I support HB 5403. We must make it safer for pedestrians and bicyclists in Connecticut. GE left Connecticut because of high taxes, but chose Boston because it ranks high for public transit, walkability, and bike-ability. The next generation is also choosing to live in walkable and bike-able neighborhoods. We can not afford to stop improving Connecticut's walk and bike scores. I was very saddened to read the recent Courant article that showed we are in the bottom half of states for pedestrian safety today. This bill must pass, for everyon·e in Connecticut. My only concern is we are not doing enough, fast enough and are going to be left behind by other states. Thank you for taking time for this important topic. Respectfully, c Chris Vargas West Hartford c 3 001397 ·------0 Carroll, Rhonda From: RICHARD KROMBEL To the Judiciary Committee: Please support HB' 5403. I am 64 years old, and have been cycling for many years mostly as a means of commuting to/from work. Wnne most motorists are courteous, there are those who drive as if the lane in which I am traveling, belongs exclusively to them. In warmer weather; some open their windows and yell loudly to see if them can startie me. And there are. a few cases where those who are emerging from a driveway or side street fail to see me because they're looking for a motor vehicle, not a cyclist. There have been a few close calls in these latter situations. Once I was hit by a young motorist who was making an illegal U-Tum and failed to see me. Cycling is healthy, good for the environment, and economical. But cyclists, especially those who must use busy streets without bike lanes, need greater protection·and the force of the law behind them. I have read many cases of motor vehicles striking cyclists which resulted in no charges being filed. · · As our planet warms, an aging population moves back into urban areas, and people try to live longer by maintaining a healthy lifestyle, cyclists as well as pedestrians need more respect and protection from motorists. This bill is a very needed step in that direction. Richard Krombel 38 N Elm St c Wallingford, CT 06492 203-269-1002 0 4 001398 0 ~tate ot ~onnectitut House Of Representatives Representative Crlsfln McCarthy Vahey Legislative Office Building, Room 400 I Han.fbn:l, Connecticut 06106 133rd Assembly District (860) 240-8585 Fairfield [email protected] TESTIMONY IN SUPPORT OF HB 5403 March 2, 2016 Dear Sen. Coleman, Rep. Tong, Sen. Kissel, Rep. Rebimbas, and esteemed members of the Committee, I write today in strong support of H.B. No. 5403 AN ACT INCREASING PENALTIES FOR FAILURE TO YIELD TO PEDESTRIANS IN CROSSWALKS AND FAILURE TO EXERCISE DUE CARE TO AVOID IDTTING A PEDESTRIAN OR CYCLIST. As a legislature, · we continually work to advance our economic competitiveness, protect our environment and improve the health and safety of our residents. Congestion on our roadways, increasing healthcare costs and continuing climate concerns impact our economy and well-being and turn our focus to getting people out of their single occupancy vehicles and on their feet, their bikes, the bus and the train. This bill is another step in the right direction as we seek to improve our residents' c ability to safely choose to walk or bike to work and school. The creation of walkable, livable communities must be supported by a shift in the culture and attitude towards our vuloerable users, our pedestrians and cyclists. Advocates for active transportation address infrastrilcture, education and enforcement. Sidewalks, properly marked crosswalks, designated bike lanes and all infrastructure improvements that keep our pedestrians and bicyclists safe are necessary if we want our residents to choose active transportation. Likewise, it is essential that we educate all users to make certain they are aware of the rules of the road and can safely abide by Connecticut law. Enforcement of the law is an essential ingredient. Lacking sufficient enforcement mechanisms, the law canoot affect the kind of cultural and behavioral shifts needed. HB 5403 will increase the penalties for vehicles that do not· yield to those in a cross walk or "exercise due care to avoid colliding with a pedestrian or cyclist." Earlier this week my own cousin was killed when a vehicle struck him. He was a pedestrian. I have constituents who have been struck while riding their bicycle on the roadway. I hear.regularly from residents that they would choose to walk and bike more often if they felt it was safe for them to do so. Bike Walk CT bas submitted excellent testimony and I hope you will have the opportunity to review it. I want to highlight some CT Crash Data statistics they cite. From 2006 - 2012, 10,793 individuals were either injwed or killed as they biked or walked in Connecticut. 259 of those were Pedestrian deaths and 36 were cyclist fatalities. These are deaths and injuries we can prevent through changes in our behavior, enforcement, infrastrocture and education. Please support HB 5403 and pay close attention to the pedestrians and cyclists you encounter on the :road every day. c Servlnll FlllrDeld 001399 0 Carroll, Rhonda From: ounpuuadams I urge you to support this bill. Our roads and traffic laws have too long been heavily slanted towards allowing drivers with an inadequate focus on the safety of pedestrians and cyclists. Please pass this bill. Jim Adams Bolton, CT c c 1 001400 0 ~tate of ~onnertirut HOUSE OF REPRESENTATIVES STATE CAPITOL HARTFORD, CONNECTICUT 06106-1591 REPRESENTATIVE TERRY ADAMS MEMBER 146TH ASSEMBLY DISTRICT BANKING COMMITIEE HOUSING COMMITTEE PUBLIC SAFETY COMMITIEE LEGISLATIVE OFFICE BUILDING ROOM4020 CAPITOL: (880) 240-8585 E-MAIL: [email protected]• Rep. Terry Adams (D-Stamford) Testimony Joint Committee on Judiciary Wednesday, March 2, 2016 H.B. 5403 An Act lncreasing Penalties For Failure To Yield To Pedestrians 1n Crosswalks And allure To Exercise Due Care To Avoid Hitting A Pedestrian Or Cyclist. Good afternoon Chairman Coleman, Chairman Tong and distinguished members of the Judiciary Committee. Thank you for giving me the opportunity to address the committee today. c My name is Terry Adams, representing Stamford's 146th Assembly District. I am here today to testify in support of H.B. 5403, An Act lncreasing Penalties For Failure To Yield To Pedestrians 1n Crosswalks And Failure To Exercise Due Care To Avoid Hitting A Pedestrian Or Cyclist.· As public elected officials, we are entrusted with the duty of ensuring that our laws provide the highest level of safety to the residents of our state and the people we serve. The billthat's before the committee addresses an important issue that affects the whole state. This is not only a public safety issue, but a measure that further enforces an otherwise common sense behavior among drivers. It is unfortunate that legislation that increases penalties is even necessary, but we must emphasize to careless drivers the seriousness of not complying with safe driving around vulnerable pedestrians and cyclists. For too long, I have witnessed driver after driver ignore pedestrians trying to cross the street, particularly elderly and young children. This behavior can, and too often does, have life changing consequences for pedestrian car traffic victims. When I first introduced my bill, I thought about the five pedestrian fatalities that have occurred in Stamford alone which prompted me try to find a way to address this issue. According to an Annual Report of the Uniform Crime Reporting Program from the Department of Emergency Services and Public Protection, there were 59 pedestrian related accidents in 2014 and of those, 47 were killed with five pedestrian fatalities that occurred in Stamford in that year. c SERVING STAMFORD 001401 0 These statistics are concerning. Our pedestrians need to feel safe when trying to navigate our local streets. I have heard from constituents, and have wituessed the lack of regard some drivers show to pedestrians. lbis bill attempts to strengthen our public safety laws and at the same time bring attention to this issue that has been neglected for so long. With this bill, careless drivers will continue to pay the price until they get it. I urge this committee to consider this matter, and thank you in advance for your attention. c 0 001402 0 Carroll, Rhonda From: Sean Alexander Dear Rep. Tong, Sen. Coleman, and Members of the Judiciary Committee: As a member of Bike Walk Connecticut I thank you for raising HB 5403, an important measure to make it safer for pedestrians and cyclists to use the roads. I urge the legislature to pass this bill in 2016. As a Connecticut resident since 2010, I have come to a realization that it is imperative to urge and advocate for safer, cleaner streets here In Connecticut. My personal experience happened in 2011 when the driver of a vehicle failed to exercise caution and yield to a bicyclist. My wife happened to be that bicyclist who was riding home from work on the shoulder of Boston Post Road in Madison, CT. She was struck by the driver who disregarded the stop sign and failed yielding to the cyclist. The multi ton freight truck knocked my wife to the ground, ran her Over with front and back tires and proceeded to drive off. Nearly 30 arduous and painful surgeries later, she is once again able to ride a bicycle. We shall forever be reminded of this horrific tragedy through chronic pain, emotional/physical scars and PTSD. My wife and 1are outdoors enthusiasts and follow the rules of the road. When cycling, we exercise caution by riding single file, keeping as far to the right as possible and following the same rules as we would If we were driving an automobile. When running or c walking, we are committed to using sidewalks and crosswalks for safety. Thank ~ou for considering my views. Sincerely, Sean Alexander Madison, CT c 6 001403 0 Carroll, Rhonda From: Mike Stockman To the Judiciary Committee: I strongly support this bill. James Stockman c c 1 001404 c Carroll, Rhonda From: Laura Baum Dear Rep. Tong, Sen. Coleman, and Members of the Judiciary Committee: As a member of Bike Walk Connecticut I thank you for raising HB 5403, an important measure to make it safer for pedestrians and cyclists to use the roads. I urge the legislature to pass this bill in 2016. I am a parent, walk commuter, resident of Middletown, CT and member of Bike Walk Connecticut. We need facilities that are safe for me and my children, and my older neighbors to use, when we choose to bike or walk to get where we need to go. My husband and I walk my daughter to daycare every day and regularly witness dangerous driving behavior that makes me very nervous. My family is dedicated to following the rules of the road, whether we're walking, biking or driving. I urge you to pass this legislation to help make CT safer for my family, neighbors and all CT residents. Thank you for considering iny views. Sincerely, c LauraBaum Middletown, CT c 1 001405 0 Testimony of Sharon Aks AN ACT INCREASING PENAL TIES FOR FAILURE TO YIELD TO PEDESTRIANS IN CROSSWALKS AND FAILURE TO EXERCISE DUE CARE TO AVOID HJmNG A PEDESTRIAN OR CYCLIST. Good afternoon Senator Coleman, Representative Tong and members of the ·Judiciary Committee My name Is Sharon Aks. I am a small business owner .with an accounting practice located on High Ridge Road and also a re"sident of Stamford for over 27 years. I am here today because I have become a stamford statistic as ·a pedestrian being struck In a crosswalk by failure of an \ndMdual to yield and exercise due caution. One statistic I never thought I would be. On January 21, 2016, my colleague Bruce Goldstein and I did everything righl We crossed High Ridge Road after pushing and waiting for the walk signal In spite ofdoing everything right, we went struck by the operator of an'Audl vehicle who did not take due caution in operating their vehicle and failed to yield to us with in the aosswalk. The Incident occurred mldaftemoon on a Thursday. The weather was clear. While I have no memory of the Incident, it Is my understanding from the records that I was thrown 6-8 feet In the air and Bruce was also struck by the same vehicle. We both sustained multiple significant injuries as a result of being struck. Bruce is unable to attend today as he still has limited mobility. My understanding is that tt\e driver of the vehicle was trying to cut off another vehicle that had yielded to us and may also have been a distracted driver. Both drivers had a green light at the same time we had a want signal. I believe that the changes In this act are the ft'st steps toward changes needed to prevent the increasing number of pedesbians being struck in the city and hopefully avoid potential future fatalities. in addition, I would like to see all traffic having a red light while pedestrians receive a walk signal and of course increased monitoring and penalties for distracted driving. c 001406 f c Carroll, Rhonda From: Skwiot Noel- Hartford-HSB Stuff it Keep your ridiculous regulations. I've been an avid rider for 35+ years, riding 200+/- miles per week. Your liberal rules creation machine will not change human behavior. Why don't you take some of your abundant energy and use it for positive action? Perhaps instead of penalizing the general public with more unenforceable rules, and at the same time creating an us versus them vehicle/car mentality (especially with inexperienced newb riders. and inexperienced drivers) you can channel your energy into education. Maybe some car/bike share-the-road PSAs, posters on busses, TV spots with GoPro footage. (use your imagination, and enough with the legislation already, sheesh!). These should have the perspective of both car drivers and bike riders. Taking a legislative approach is wrong and will never be adhered to (never mind enforced effectively). You can put up all the signs and paste "sharrows" everywhere, it will not change behavior. I try to ride almost every day year 'round, I 'know first-hand what driver behavior is about. Good luck .with your fruitless endeavor, just don't send me any more junk mail thinking that I'm on your "activist' side, just because I ride. The worst part about being a long time rider in this age is that I get pooled c into tc the assumption that your activisms share my needs. They don't' Noel Skwiot C.E.A. Principal Engineer, ·Mechanical The Hartford Steam Boiler Inspection and Insurance Company Rated~++ (Superior) by A.M. Best Company 1 State Street H~J.rtforc CT, 06102 Te!ephc1ne: (860) 722~5090 Mobile: (860} 212·1116·xxxx [email protected] w.vw.hs.b.com MunichRE _ ® From: Bike Walk Connecticut [mailto:[email protected]] Sel)t;:Monday, February 29, 2016 6:51 PM Toi Skwiot Noel- Hartford-HSB Hi Noel! Calling all bike ped enthusiasts! Please let the Judiciary Committee and your legislators know you support HB 5403, An Act Increasing Penalties c For Failure To Yield To Pedestrians In Crosswalks And Failure To Exercise Due Care To Avoid Hitting A Pedestrian Or Cyclist Please Submit Your Testimony In Support of HB 5403 Please thank the Judiciary Committee for raising HB 5403 and let them know you would like it to be passed this year. it you've been hit or frequently encounter unsafe drivers when you're out following the rules of the road, please share your experience to make clear how much work CT has to do to be a better place to bike and walk. Include your name and town of residence at the end. Please be aware that all submitted testimony is public record and will be linked on the Connecticut General Assembly website. Please copy your own legislators (find them here) and [email protected]. Send your testimony to [email protected]. Download this sample message to personalize. Can You Attend the March 2 Hearing? A public hearing on HB 5403 will take place on Wednesday, March 2 at 1 pm in at the Gen Re Auditorium at UConn's Stamford campus. We encourage as many bike ped supporters as possible to attend the hearing. A strong showing would make a forceful statement. Please consider testifying too (you usually get 3 minutes max to talk). Map. · Bill Details HB 5403 would increase fines from $90 to a maximum of $500 for drivers who don't yield to pedestrians. Drivers who don't use care to avoid colliding with a bicyclist or pedestrian can also be fined up to $500. The bill was proposed by the Judiciary Committee. c Thankyoul 2 001408 0 c Minnesota has it right. Don't sit oil the.sidellnesl Your membership strengthens ConnecUcut's bike ped movement and Is essential for us to keep working to make Connecticut a better place to bike and walk. We have membership options to suit every budget for businesses, organizations, and individuals. In Other Recent News A Glimpse of Our Pedestrian Safety Problem, Recent media coverage of pedestrian fatalities and injuries . .•. And it wouldn't cost a dime. Bike Walk CT quoted in 2129116 Courant story on national pedestrian safety report c 3 001409 c ·Bike Walk Connecticut, PO Box 270149, West Hartford, CT 06127- 0149 SafeUnsubscriberM noel [email protected] Forward this email I Update Profile 1· About our service proyider Sent by [email protected] In collaboration with Try It free today IMPORT ANT NOTICE: The information in thls email (and any attachments hereio) Is confidential. It you are not the Intended recipient, you must not use or diSsemin&.te the Information. If you have received this email in error, please immediately notify me by ~Reply• command and permanently delete the original and any copies or printouts thereof. Although this email and.any attachments are believed to be free of any virus or other defect that might affect any computer system into which It is received and opened, 1t is the responsibility of the rec;:1ptent to ensure that it i& virus free and no responsibility is accepted by The Hartford Steam Boiler Inspection and Insurance c Company or its subsJdiaries or affiliates either jointly or severally, for any toss or damage arising in any way froin its use. c 4 001410 c Carrol~ Rhonda From: Bridget Boucaud Dear Rep. Tong, Sen. Coleman, and Members of the Judiciary Committee: As a supporter of Bike Walk Connecticut and as the public involvement specialist for the CT Safe Routes to School Program I thank you for raising HB 5403, an important measure to make it safer for pedestrians and cyclists to use the roads. I urge the legislature to pass this bill in 2016. The CT Safe Routes to School team has been on the front lines educating students, grades k-8, on best walking and biking practices as well as assessing the current travel conditions around schools. We tell our program participants that drivers often do not obey the laws and that they need to assume they are not seen, even when in a crosswalk. We want our students, parents, and teachers to know that the law is there to. protect their rights as road users, and that they are also personally responsible for following these existing rules and staying safe. We need Connecticut to continue to provide a safe and healthy environment for all its citizens as they travel. As a driver and as a parent of a young driver, I follow the rules of the road and educate my son in the same vein, yielding to pedestrians when in a crosswalk, especially where it is permissible to take a right on red. c I also have 25 years plus as a runner, and I obey all the rules, stay visible when dark, run on the sidewalk or on the left facing traffic, and walt for the traffic light at intersections. As a citizen I am committed to do my part and I ask you as legislators to do yours. Thank you for considering my views. Sincerely, Bridget Boucaud Cheshire, CT c 1 001411 c Carroll, Rhonda From: Kelly Kennedy March 1. 2016 Re: SUPPORT for HB 5403, An Act Increasing Penalties For Failure to Yield To Pedestrians In Crosswalks And failure I o Exercise Due Care To Avoid Hitting A Pedestrian Or Cyclist Dear Representative Tong, Senator Coleman, and Members of the Judiciary Committee: Bike Walk Connecticut and the Tri-State Transportation Campaign write jointly to thank you for raising· HB 5403, an important measure to make it safar for pedestrians and cyclists to use the roads. We supporttile bill and urge the legislature to pass it in 2016 before there's one more pedestrian or cyclist tragedy. New Accounts Show Connecticut Not Hospitable to Pedestrians and Cyclists Recent news accounts from across ttie state, along with the just-released 2016 Auto insurance Center report on pedestrian fataltties and injuries, underscore the need for people aU across Connecticut to know and follow the rules for safely sharing the road. This is not a new phenomenon: our 2014 research for the Vulnerable User law found that 10,793 pedestrians and cyclists were injured or killed on Connecticut roads from 2006 through 2012, according to state and federal statistics. Connecticut Cyclist & Pedestrian Crash Data 2006-2012 Total Total Cyclist Pedestrian Cyclist Pedestrian BiKe/Ped Year Fatalities Fatalities lnjurtes injuries c lnlurtes 1 001412 0 Connecticut Needs a Share the Road Campaign for Driveis, Pedestrians and Cyclists Everybody should feel safe using Connecticut's roads. Our roads are traveled by people of all ages and abilities who walk, run and cycle for transportation, fitness, recreation, and tourism. Those people must be welcome and expected on our roads. Legal, Financial Consequences Would Change Behavior Not only does Connecticut need to re-learn and recommit to the following the rules of the road, we need to step up enforcement of those rules. To the best of our knowledge, the Vulnerable User law enacted in 2014 has never been enforced. The 3-foot .safe passing rule isn't widely observed or easily enforced. And clearty, the rules for yielding to pedestrians in crosswalks go unheeded. The absence of legal or financial consequences to ignoring "share the road" rules simply reinforces the undesirable behavior that so often has truly tragic consequences. Conn. Gen. Stat. §14-300(c) Should be Corrected Too In addition to strengthening penalties as this bill provides, please consider correcting a little known 2007 amendment to Conn. Gen. Stat. §14-300(c). Public Act 07-167 amended subsection (c) by replacing "steps to the curb" with "steps off the curb or into the crosswalk" and specifying a fine of $90, effective c July 1, 2007. Prioritizing drivers over non-motorized road users, as that amendment did, is simply poor, short-sighted public policy that has no place in a wortd of climate change, massive traffic congestion problems, and an obesity epidemic. - Minnesota and Other Model Laws We wish to call your attention to a few pro-pedestrian, pro-cyclist laws in other states that could serve as worthy models for Connecticut: • Minnesota, Which has the lowest rate of pedestrian fatalities, requires drivers to stop for pedestrians in any portion of the roadway. • Massachusetts mandates yielding when a pedestrian is upon the same half of the roadway or within 10 feet of the motorist • Vermont includes driver harassment of cyclists and pedestrians as a punishable violation of its vulnerable user law. • Maine law expressly provides that a crash is prima facie evidence of a violation of its' 3-foot safe passing law. • New York City's Right of Way Law makes it a misdemeanor crime when a driver fails to yield and kills or injures a person walking in the crosswalk with the right of way. • The National Council of State Legislatures' 50 State Summary of Pedestrian Crossing Laws is available at www.ncsl.org/research/transportation/pedestrian-crossinq-50-state-summarv.aspx. State Polley Should Encourage, Promote and lncentlvize Active Transportation With four out of five Connecticut workers driving to work alone by car, it's no wonder that our roads are congested, costing us some $1.3 billion annually in lost time and wasted fuel, according to DOT. Nor should we overlook the fact that transportation is the single biggest source of Connecticut's greenhouse gas pollution. According to DEEP, that's mostly from passenger cars. Accordingly, Connecticut must go beyond accommodating cyclist and pedestrian travel to actually promoting it, so that we can simultaneously relieve congestion, address climate change, improve public health, and attract and retain the millennials and knowledge workers that will give Connecticut's c innovation economy a true competitive advantage. Many of our members have been sharing their personal experiences wtth you about their adventures, and 2 001413 0 misadventures, as a pedestrian or cyclist trying to navigate Connecticut's roads. We urge you to read their remarks and take them to heart. Thank you for considering our views. We look forward to helping to see that HB 5403 passes this session. Sincerely .fht~ Kelly Kennedy, Executive Director Joseph Cutrufo, Connecticut Policy Director Bike Walk Connecticut Tri-State Transportation Campaign c c 3 001414 c Carroll, Rhonda From: Robin McCahill 16 years ago I was broadsided In a four way intersection. I stopped:. 2 cars went. It was my tum and In niy sight of vision there was no car to my right and one just starting up the hill to my left. As I was halfWay through the intersection I was struck by a car from my right that came down the hill and never stopped at the intersection. They fought the ticket and got a fine for $35. The police accidentally ·erased the 911 call and I had no witness. My lffe was changed in an Instant. · Robin McCahill c c l 001415 0 Carroll, Rhonda From: AndrewS. Rothstein%2C Ph.D. I am writing in support of HB 5403, An Act Increasing Penalties For Failure To Yield To Pedestrians In Crosswalks And Failure To Exercise Due Care To Avoid Hitting A Pedestrian Or Cyclist. I am an avid cyclist. In October, I was hit by a car in Bloomfield while riding. I suffered a very bad cut, severe abrasions, and multiple deep bruises (avoided the most serious consequences). The driver was unlicensed, uninsured, and in an unregistered car with license plates from another car. Despite all this, he is only charged with 4 traffic infractions, none involving hitting me. He faces no more than a few hundred dollars in fines in total for all the offenses, while it took me six weeks to recover, pay about $1,500 in out-of"pocket medical expenses, and replacing of a carbon fiber bike. The driver even failed to appear in court c twice. This incident has made it clear to me that the penalties for drivers not sufficient for hitting pedestrians and cyclists. I know that I am far from alone in this experience and point of view Andrew Rothstein 43 Walbridge Road West Hartford, CT 06119 0 1 001416 0 Carroll, Rhonda From: Brian Sheffer Members of the Judiciary Committee. Thank you for raising HB 5403. AN ACT INCREASING PENALTIES FOR FAILURE TO YIELD TO PEDESTRIANS IN CROSSWALKS AND FAILURE TO EXERCISE DUE CARE TO AVOID HITIING A PEDESTRIAN OR CYCLIST. I am an avid walker and bicyclist. I regularly see automobiles fail to yield to pedestrians In cross walks. I think something needs to be done to correct this. Recently I saw a man who appeared to be homeless trying to cross W111iams street In New London at the intersection with Bailey Circle using a cross walk. Many cars failed to stop so that he could cross. He got frustrated and started to throw empty aluminum containers at the passing cars while cursing at them. It was comical but sad sight. I believe that the root cause of many of these failures to stop is the design of the roads that are wide and strait and encourage unsafe automobile speeds. When a car is traveling over 40 mph in an urban areas it is unlikely to stop for a pedestrian. Streets should be redesigned to reduce automobile speeds. Also crossings should be narrowed so pedestrians have less distance to cover when they cross. · c In the absence of better street design increased enforcement is the next best option. Brian Sheffer 98 Three Acre Rd Groton, CT 06340 Sent from my iPhone c 1 001417 Connecticut's Legislative Commission on Aging A Nonpartisan Public Policy and Res~arch ~ce of the Connecticut_ General Assembly State Capitol Testimony of Julia Evans Starr 210 Capitol Ave. Connecticut's Legislative Commission on Aging Hartford. CT 06106 860-240-5200 www.cga.etgovlcoa The Judiciary Committee · March 2, 2016 Julia Evans Starr · E:x.ecu!ive Director Senator Coleman and Representative and esteemed members of the Judiciary Committee; my name is Julia Evans Starr, and I am Executive Director for Deb Migneault Connecticut's Legislative Commission on Aging. I thank you for this opportunity to Senior Policy ! As you may know, pursuant to Public Act 13-109, the legislative Commission on Aging spearheads an ongoing, statewide livable communities initiative. livable communities are places that foster independence across the lifespan to facilitate aging in place and community. Necessarily, aging-supportive communities offer . affordable, accessible and diverse transportation options, especially walkability and bikeability. According to the results of our recent statewide survey and policy analysis:1 • Connecticut residents want to become less car-dependent. Compared to today (82%), fewer Connecticut adults (72%) plan to use their cars as their f Connecticut's Legislative Commission on Aging. Transportation Policy Brief: How canwe Best $upport Residents' Transportation Needs Across the Ufespan in Connecticut? May btto://coa.coa.ct.govlimaqes/odfiiransoortatlonPoiicyBrief-ANAL.Odf c ; 001418 c primary form of transportation in the future. Moreover, 47% of Connecticut adults reported currently living in a suburb where more people drive to most places, but only 8% of Connecticut adults want to live there in the future. • More Connecticut residents plan to bike in the future, with the highest increases for the 50-65-year-old age group (13 percentage point increase) and 66 years and older age group (9 percentage point increase). • Creating a more walkable infrastructure is a top priority for Connecticut residents, second only to maintaining existing transportation systems. Among new public investments, the strongest demand by Connecticut residents is for new sidewalks and pedestrians crossing. To meet the growing demand, communities are increasingly adopting Complete Streets policies, which seek to ensure that streets are designed and operated to safely accommodate all users, including pedestrians, bicyclists, motorists, and transit-riders of all ages and abilities. And in October, 2014, the Connecticut Department of Transportation issued a policy statement, articulating that, as a condition of funding, Complete Streets must be considered. But despite these policy transformations, many of Connecticut's roadways still fail to adequately ensure the safety of non-m.otorized users. Connecticut ranks 27'h nationally. on the Pedestrian Danger Index, with pedestrians comprising 12.6% of the c State's traffic-related fatalities between 2003 and 2012. Older adults are disproportionately impacted by adverse.traffic encounters. Between 2003 and 2010, they represented 28.4% of Connecticut's pedestrian fatalities, even though they comprised 13.8% of the state's population during the sanie time period.' Within the ten years, the proportion of older adults in Connecticut will grow to exceed 20% in nearly every town in Connecticut, exceeding 40% in some towns. As Connecticut's older adult population continues to grow, and as that population Increasingly turns to non-motorized transportation options to successfully age in place, so too does the urgency to consider strategies that increase pedestrian and bicycle safety. The Commission supports Bill 5403, which increases penalties for failure to yield to pedestrians in crosswalks and failure to exercise due care to avoid hitting a pedestrian or cyclist. However, the literature demonstrates that motorists make only moderate adjustments in their behavior, if at all, when fines are raised, and only if enforcement is robust. Accordingly, we urge you to consider this bill as part of a more comprehensive strategy to promote non-motorized user safety, one that: • lncentivizes every town in Connecticut to adopt a Complete Streets policy; 2 Smart Growth America. Dahgerous by Design 2014: Connecticut. http:llwww smartorowthamerjca.orafresearch/danaerous-by- • Reinvests fines collected in data analyses and resulting road design and infrastructure improvements to promote traffic-calming and speed reductions; • Extends and Improves the off-road bicycle and pedestrian network, including enhanced sidewalk construction; and • Continues to improve motorist awareness of and respect for non-motorized users for ongoing education. We thank you for the opportunity to provide comment on this bill today. c 0 3 001420 0 Carroll, Rhonda. From: RONALD W DEGRAY Support HB 5403, An Act Increasing Penalties For Failure To Yield To Pedestrians In Crosswalks And Failure To Exercise Due Care To Avoid Hitting A Pedestrian Or Cyclist. · Crossing streets as a pedestrian or bicyclists is extremely dangerous. Dangerous because motorists do not know about the law to stop for pedestrians in a cross walk or pay no heed.to the law. I typically cross streets daily in Glastonbury and my experience is that most motorists do not stop for pedestrians or bicyclist in a cross walk! . . Or culture has promoted a motorist's world with the demise ofpedestrians. My evidence is anecdotal but I am sure you would agree ifyou were attempted to cross streets as a pedestrian. We have a 'me first' culture and you might be able to squelch this. Please quickly move this bill forward. Sincerely, c Ron DeGray Ron aka Ronalda DeGray 120 Cricket Lane Glastonbury, CT 06033-1851 Land line: 860.633.2258 Wireless: 860.978.4919 SKYPE: rdegray Web: http://www.usi.edu/rdegray c 1 001421 0 Carroll, Rhonda From: Baker, Bill c c 1 001422 c Carroll, Rhonda From: ANASTASIO, JOSEPH D PW Dear Rep. Tong, Sen. Coleman, and Members of the Judiciary Committee: As a member of Bike Walk Connecticut I thank you for raising HB S403, an important measure to make it safer for pedestrians and cyclists to use the roads. I urge the legislature to pass this bill in 2016. As a cyclist I have been Involved in two accidents where I had to be transported to the emergency room in an ambulance. In both cases, the vehicle(s) failed to yield to my right of way. On a daily basis, I witness drivers failing to yield the right of way orgive adequate clearance to pedestrians or bicyclists. This bill will help reinforce to drivers that they truly do SHARE THE ROAD and must drive accordingly .or suffer the consequences. Too many people think the roadway is for cars only and this bill will help eliminate that false assumption. Thank you for considering my views. Sincerely, Joseph D. Anastasio c Simsbury, CT c 1 001423 0 Dear Rep. Tong, Sen. Coleman, and Members of the Judiciary Committee: As Vice l'resident of Bike Walk Connecticut I thank you for raising HB 5403, an important measure to make it safer for pedestrians and cyclists to use the roads. I urge the legislature to pass this bill in 2016. In Frog Hollow, where I live, and in the rest of Hartford and many other areas of the state, bicycles are the only affordable means available for personal transportation. One of the things that makes our neighborhood so good is how easy and rewarding it is to live here without needing a car. Unfortunately, there are some irresponsible drivers whose behaviors endanger the lives of those of us who are more vulnerable on bikes or on foot. People who have limited transportation choices shonld not be put in harm's way because of a few bad drivers, especially when those without cars are making a more sustainable choice that benefits all. HB 5403 represents progress toward a safer, more Connecticut c c 001424 c Carroll, Rhonda From: [email protected] on behalf of Peter Herrmann Dear Committee As an around-town cyclist I have more than a few times been closely 'clipped' by inattentive motorists AND by motorists who I am almost certain had tried deliberately to run me off the road or cut me off (and, no I was not in their lane or in their way). I'd like to see more meaningful fines imposed. Sincerely, Peter Herrmann West Hartford, CT 06117 c c 1 001425 c Carroll, Rhonda From: Jared Chase Dear Representative Tong, Senator Coleman, and Members of the Judiciary Committee: I am writing to thank you for raising HB 5403, which will enhance pedestrian and cyclist safety in Connecticut. I urge the legislature to pass this bill in 2016. The economic, public health, and environmental benefits of active transportation are well documented. But to encourage more of Connecticut's citizens to contribute to these benefits, walking and cycling must feel and be safe. When I walk to and from work each day, I feel safe in all zones but those where sidewalks intersect with roadways. I know that, even though I follow the rules of the road, a driver disregarding those rules could easily injure me. The dangerous driving behaviors I have witnessed include failing to stop for pedestrians traveling In marked crosswalks, blowing through red c lights, and entering designated bike lanes while passing other vehicles. · I know, from past experience living in Massachusetts, that driver awareness of and courtesy toward pedestrians and cyclists can be enhanced to levels that promote safe and enjoyable active transportation. Laws that impose due penalties for failure to yield to pedestrians in crosswalks and to exercise due care to avoid hitting pedestrians or cyclists are an important part of any policy · landscape designed to elevate the safety enjoyed by all those who use our thoroughfares responsibly. I commend you for supporting legislation that meets this standard, and encourage all legislators to pass HB 5403 this year. Sincerely, Ja~ei:I Chase, Hartford c 1 001426 c Carroll, Rhonda From: ounpuuadams I urge you to support this bill. Our roads and traffic laws have too long been heavily slanted towards allowing drivers with an inadequate focus on the safety of pedestrians and cyclists. Please pass this bill. Jim Adams Bolton, CT c c 1 001427 c Juduser From: Bechtel, Kirsten Dear Members of the Judiciary Committee: Thank you for raising HB 5403, an important measure to make it safer for pedestrians and cyclists to use the roads. I urge the legislature to pass this bill in 2016. I am a pediatrician who works at the Children's Emergency Department at Yale-New Haven Hospital. I have treated children who have been struck by cars who did not yield to them when crossing in the crosswalk. I often see cars and trucks not yield to pedestrians in crosswalks. Because this behavior is so common, most pedestrians have been trained not to assume vehicles will stop for them. If this bill is passed, it would deter at least some reckless drivers, making the streets safer for everyone. There are so many benefitS to more people walking and biking: it is healthy, good for the environment, and reduces congestion on our roads. However if walking and biking are not safe activities, people will not do it. Accordingly, passage of this bill will have ancillary benefits beyond safety, such as improving public health, the environment, and the quality of life in our cities and towns. Thank you for your consideration of my views and please pass this bill. Respectfully, Kirsten Bechtel MD Associate Professor of Pediatrics and Emergency Medicine Yale School of Medicine . Co-Principal Investigator-Injury Free Coalition for Kids-New Haven . [email protected] c 1 001428 c . Statement of Joseph R. Sculley President Motor Transport Association of Connecticut Before The Joint Committee on Judiciary March 2, 2016 Re: House Bill No. 5403 AN ACT INCREASING PENALTIES FOR FAILURE TO YIELD TO PEDESTRIANS IN CROSSWALKS AND FAILURE TO EXERCISE DUE CARE TO AVOID IDTTING A PEDESTRIAN OR CYCLIST. I am Joseph R. Sculley, President of Motor Transport Association of Connecticut (MTA C), a statewide trade association, which represents nearly 700 companies that operate commercial motor vehicles in and through the state of Connecticut. Our membership includes freight haulers, movers of household goods, construction companies, distributors, tank truck operators, and hundreds of companies that use trucks in their business and firms that c provide goods and services to truck owners. MTAC OPPOSES TIDS BILL. This bill increases the fme, to up to $500, for the ill-defmed offense of failure on the part of a vehicle operator to "exercise due care to avoid colliding with any pedestrian or person propelling a human powered vehicle" and giving "reasonable warning by sounding a hom or other lawful noise emitting device to avoid a collision". Failure to "exercise due care" is a subjectively contemplated offense which provides no standard for determining what "due care" is. The fme is disproportionate and the statute imposes no concomitant requirement on pedestrians or bicyclists to exercise due care to avoid colliding with a vehicle. Not every incident involving a vehicle/pedestrian/bicyclist accident is caused by the vehicle. There is no provision in this law that protects a vehicle operator from the reckless operation of bicycles or dangerous actions by pedestrians who cause accidents. c 001429 c The National Motorists As.sociation is a national drivers' rights organization with members in all 50 states. In testimony on a similar bill in California they made the following statement: Those who share the roads-motorists, motorcyclists, bicyclists, and pedestrians---have an equal responsibility to follow the same traffic regulations and therefore have equal responsibility for the safety of fellow road users. Penalties for causing injury should be based on the degree of injury and not on whether the parties to the ai:cident were behind the wheel, pedaling a bike or · walking. Linking penalties to such standards sets up false distinctions among road users and unfairly makes some users more accountable for highway safety than others. · While the objective of AB 2398-to make California's roadways safer-is admirable, the means for achieving it-higher penalties-will likely fail. This is · because enhanced penalties have little impact on driver behavior and.therefore on accident rates. To illustrate, the Texas Transportation Institute (TTl) at Texas A & M University studied the effect of Texas legislation that doubled fines for speeding in highway work zones and concluded that the law had "no significant 1 effect on driving behavior ." Additionally, TTl analyzed the impact of similar state laws across the country and found "no consistently measurable effect upon c .fatal work zone accident frequency"." The fine of up to $500 exceeds the_fine for speeding, construction zone violations, cell phone usage, and texting while driving. These are all much more dangerous violations than "failure to exercise care." Additionally, MTAC strongly objects to the provision in Section 4, which adds this violation to the list of offenses to which a $15 surcharge is added to be remitted to the town where the alleged violation occurred. This is nothing more than a diversion of additional funds which should be revenue to the Special Transportation Fund. We have always opposed incentivizing local law enforcement personnel by providing surcharges to tickets they issue. It is too easy for municipalities to ramp up enforcement in order to bring .additional revenue to the towns'. coffers. If fines are imposed for motor vehicle violations, they should be deposited in the Special Transportation Fund and not provide additional revenue to municipalities. At a time when we are debating "lock-boxes'; this bill provides a clear example of the way that diversions of revenues away from transportation funds have occurred. We urge the Judiciary Committee to reject this bill. Thank you. c 001430 c • hi·SUit lUNSP-0-Ra!IOM (UUll61i ~lkConnecticuto March 1, 2016 Re: SUPPORT for HB 5403, An Act Increasing Penalties For Failure To Yield To Pedest11ans In Crosswalks And Fihuli I o Exarclse Due care To Avoid Hitting A Pedesltfan Or Cyclist Dear Representative Tong, Senator Coleman, and Members of the Judiciary Committee: Bike Walk Connecticut and the Tri-Staie TransportatiOn campaign write jointly to thank you for raising HB 5403, an important measure to make ft safer for pedestrians and cyclisls to use the roads. we support the ""liiil1iffil urge the legislature to pass ft in 2016 bafore there's one more pedestrian or cyclist tra_gedy. News Accounts Show Connecticut Not Hospitable to Pedestrians and Cyclists Recent news accounts from across the state, along with the just-released 2016 Auto Insurance Center report on pedestrian fatelftias and Injuries, underscore the need .for people all across Connecticut to know and follow the rules for safely sharing the road. This is not a new phenomenon: our 2014 research for the Vulnerable User law found that 10,793 pedestrians and cyclists were injured or killed on Connecticut c roads from 2006 through 2012, according to state and federal statistics. Pedestrian Pedestrian Year Fatalities Injuries Connecticut Needs a Share the Road campaign for Drivers, Pedestrians and Cyclists Everybody should feel safe using Connecticut's roads. Our roads are traveled by people of all ages and abllfties who walk, run and cycle for transportatiOn, mness, recreation, and tourism. Those people must be welcome and expected on our roads. Legal, Financial Consequences Would Change Behavior Not only does Connecticut need to re-learn and recommtt to tha following the rules of the road, we need to step up enforcement of those rules. To the best of our knowledge, the Vulnerable User lew enacted in c 001431 c March 1, 2016 Bike Walk Connecticut & TSTC Support for HB 5403 Page2 2014 has never been enforced. The 3-foot safe passing rule isn~ widely observed or easily enforced. And clearly, the rules for yielding to pedestrians in crosswalks go unheeded. The absence of legal or financial consequences to ignoring 'share the roed' rules simply reinforces the undesirable behavior that so often has truly tragic consequences. Conn. Gen. Stat. §14-300(c) Should be Corrected Too In addftion to strengthening penafties as this bill provides, please consider correcting a lillie known 2007 amendment to Conn. Gen. Stat. §14-300{c). Public Act 07-167 amended subsection (c) by replacing 'steps to the curb' with 'steps off the curb or into the crosswalk' and specifying a fine of $90, effective July 1, 2007. Prioritizing drivers over non-motorized road users, as that amendment did, is simply poor, short-51ghted public policy that has no piece In a world of climate change, massive traffic congestion problems, and an obesity epidemic .. Minnesota and Other Modell..awB We wish to call your attention to a few pro-pedestrian, pro-cyclist laws in other states that could serve as worthy models for Connecticut: • Minnesota, which has the ~oV~est rate of pedestrian fatalities, requires drivers to stop for pedestrians in any portion of the roadway. . • MassachuSalts mandates yielding when a pedestrian Is upon the same half of the roadway or wfthin 10 feet of the motorist. • Vermont Includes driver harassment of cyclists and pedestrians as a punishable violation of tts wlnerable user law. · • Maine law expressly provides that a crash is prima facie evidence of a violation of tts' 3-foot safe passing law. • New York City's Right of Way Law makes tt a misdemeanor crime when a driver fails to yield and kills or Injures a person walking in the crosswalk wtth the right of way. c • The National CouncH of State Legislatures' 50 State Summary of Pedestrian Crossing Laws is available at www.ncsl.org/research/lranspor\ation/oedestrian-erossinq-50-state-summarv.aspx. State Polley Should Encourage, Promote and lncentlvlze Active Transportation With four out of five Connecticut workers driving to work alone by car, ifs no wonder that our roads are congested, costing us some $1.3 billion annually in lost time and wasted fuel, according to DOT. Nor should Vie overlook the fact that transportation is the single biggest source of Connecticut's greenhouse gas pollution. According to DEEP, that's mostly from passenger cars. Accordingly, Connecticut must go beyond accommodating cyclist and pedestrian travel to actually promoting tt, so that we can simuftaneously relieve congestion, address climate change, improve public heafth, and attract and retain the millennials and knowledge workers that will give Connecticurs innovation economy a true competftive advantage. Many of our members have been sharing their personal experiences wfth you about their adventures, and misadventures, as a pedestrian or cyclist trying to navigate Connecticut's roads. We urge you to read their remarks and take them to heart. Thank you for considering our views. We look forward to helping to see that HB 5403 passes this session. Sincerely, Kelly Kennedy, Executive Director · Joseph Cutrufo, Connecticut Polley Diractor Bike Walk Connecticut Tri-State Transportation Campaign 0