Substitute Senate Bill No. 417
          Substitute Senate Bill No. 417

              PUBLIC ACT NO. 97-321


AN  ACT  PROVIDING   DEPENDENT   DISABLED  SUPPORT
PAYMENTS  AND PERMITS  FOR  BICYCLES  WITH  HELPER
MOTORS.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Section  46b-84  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  Upon  or  subsequent  to the annulment or
dissolution of any marriage  or  the  entry  of  a
decree of legal separation or divorce, the parents
of a minor child of the marriage,  shall  maintain
the child according to their respective abilities,
if the child is in need of maintenance.
    (b)  If  there  is  an  unmarried child of the
marriage who has attained the age of eighteen,  is
a full-time high school student and resides with a
parent,  the  parents  shall  maintain  the  child
according  to  their  respective  abilities if the
child is in need of maintenance until such time as
such  child completes the twelfth grade or attains
the age of nineteen, whichever first  occurs.  The
provisions  of this subsection shall apply only in
cases where the decree of dissolution of marriage,
legal  separation  or  annulment  is entered on or
after July 1, 1994.
    (c)  THE  COURT MAY MAKE APPROPRIATE ORDERS OF
SUPPORT OF ANY CHILD WITH MENTAL  RETARDATION,  AS
DEFINED IN SECTION 1-1g, OR A MENTAL DISABILITY OR
PHYSICAL DISABILITY,  AS  DEFINED  IN  SUBDIVISION
(15)  OF SECTION 46a-51, WHO RESIDES WITH A PARENT
AND IS PRINCIPALLY DEPENDENT UPON SUCH PARENT  FOR
MAINTENANCE  UNTIL  SUCH  CHILD ATTAINS THE AGE OF
TWENTY-ONE.   THE   CHILD    SUPPORT    GUIDELINES
ESTABLISHED PURSUANT TO SECTION 46b-215a SHALL NOT
APPLY TO ORDERS ENTERED UNDER THIS SUBSECTION. THE
PROVISIONS  OF THIS SUBSECTION SHALL APPLY ONLY IN
CASES WHERE THE DECREE OF DISSOLUTION OF MARRIAGE,
LEGAL  SEPARATION  OR  ANNULMENT  IS ENTERED ON OR
AFTER THE EFFECTIVE DATE  OF  THIS  SUBSECTION  OR
WHERE  THE  INITIAL  SUPPORT ORDERS IN ACTIONS NOT
CLAIMING ANY SUCH DECREE ARE ENTERED ON  OR  AFTER
THE EFFECTIVE DATE OF THIS ACT.
    [(c)]  (d)  In  determining whether a child is
in need  of  maintenance  and,  if  in  need,  the
respective  abilities  of  the  parents to provide
such maintenance and the amount thereof, the court
shall   consider   the   age,   health,   station,
occupation, earning capacity, amount  and  sources
of   income,   estate,   vocational   skills   and
employability of each of the parents, and the age,
health,  station,  occupation,  educational status
and expectation, amount  and  sources  of  income,
vocational skills, employability, estate and needs
of the child.
    [(d)]  (e)  At  any  time  at which orders are
entered  in  a  proceeding  for   dissolution   of
marriage, annulment, legal separation, custody, or
support, whether before, at the time of, or  after
entry of a decree or judgment, if health insurance
coverage for a child is ordered by the court to be
maintained,  the  court shall provide in the order
that (1) the signature of the custodial parent  or
custodian   of   the   insured   dependent   shall
constitute a valid authorization  to  the  insurer
for    purposes   of   processing   an   insurance
reimbursement  payment  to  the  provider  of  the
medical  services,  to  the custodial parent or to
the custodian, (2) neither parent shall prevent or
interfere   with  the  timely  processing  of  any
insurance  reimbursement  claim  and  (3)  if  the
parent   receiving   an   insurance  reimbursement
payment is not the  parent  or  custodian  who  is
paying  the  bill  for the services of the medical
provider,  the  parent  receiving  such  insurance
reimbursement  payment  shall  promptly pay to the
parent or custodian paying such bill any insurance
reimbursement  for  such services. For purposes of
subdivision (1), the custodial parent or custodian
is  responsible  for  providing the insurer with a
certified copy of  the  order  of  dissolution  or
other order requiring maintenance of insurance for
a child  provided  if  such  custodial  parent  or
custodian fails to provide the insurer with a copy
of such order, the Commissioner of Social Services
may provide the insurer with a copy of such order.
Such insurer may thereafter rely on such order and
is  not  responsible for inquiring as to the legal
sufficiency of the order. The custodial parent  or
custodian  shall  be responsible for providing the
insurer with a certified copy of any  order  which
materially  alters  the  provision of the original
order with respect to the maintenance of insurance
for  a  child.  If  presented  with  an  insurance
reimbursement claim signed by the custodial parent
or  custodian,  such  insurer  shall reimburse the
provider of the medical services, if payment is to
be  made  to  such  provider  under the policy, or
shall otherwise reimburse the custodial parent  or
custodian.
    [(e)]  (f)  After  the  granting  of  a decree
annulling or dissolving the marriage or ordering a
legal  separation,  and  upon  complaint or motion
with order and summons made to the Superior  Court
by   either  parent  or  by  the  Commissioner  of
Administrative Services in any case arising  under
subsection  (a)  or (b) of this section, the court
shall inquire into the child's need of maintenance
and  the  respective  abilities  of the parents to
supply  maintenance.  The  court  shall  make  and
enforce  the  decree  for  the  maintenance of the
child  as  it  considers  just,  and  may   direct
security  to be given therefor, including an order
to either party to contract with a third party for
periodic payments or payments contingent on a life
to the other party. The  court  may  order  either
parent  to  name  any  child who is subject to the
provisions  of  subsection  (a)  or  (b)  of  this
section  as a beneficiary of any medical or dental
insurance or benefit plan carried by  such  parent
or  available  to  such  parent  on  a group basis
through an employer or a union.
    [(f)]  (g)  Whenever  an obligor is before the
court  in  proceedings  to  establish,  modify  or
enforce  a  support  order,  and such order is not
secured by  a  wage  garnishment,  the  court  may
require  the  obligor  to  execute  a bond or post
other security sufficient to  perform  such  order
for  support, provided the court finds that such a
bond  is  available  for   purchase   within   the
financial  means  of  the obligor. Upon failure of
such obligor to comply with  such  support  order,
the  court  may  order  the  bond  or the security
forfeited and the proceeds  thereof  paid  to  the
state  in AFDC cases or to the obligee in non-AFDC
cases.
    Sec. 2. Section 14-286 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a)  Each  person operating a bicycle upon and
along a sidewalk or across any  roadway  upon  and
along  a crosswalk shall yield the right-of-way to
any pedestrian and shall give  an  audible  signal
within a reasonable distance before overtaking and
passing a  pedestrian.  Each  person  operating  a
bicycle  upon  a roadway shall within a reasonable
distance give an audible signal before  overtaking
and   passing  a  pedestrian  or  another  bicycle
operator. No person shall operate a  bicycle  upon
or  along  a sidewalk or across a roadway upon and
along a crosswalk if such operation is  prohibited
by  any  ordinance of any city, town or borough or
by any regulation of the State Traffic  Commission
issued  or  adopted  pursuant to the provisions of
section 14-298.
    (b)  No  person  shall  ride  a bicycle with a
helper motor unless  that  person  holds  a  valid
motor  vehicle  operator's  license  or motorcycle
operator's license.  No  person  shall  operate  a
bicycle  with  a  helper  motor at a rate of speed
exceeding thirty miles per  hour;  nor  shall  any
bicycle  with  a  helper  motor be operated on any
sidewalk, limited access highway or turnpike.
    (c)  (1)  NOTWITHSTANDING  THE  PROVISIONS  OF
SUBSECTION (b) OF THIS SECTION,  THE  COMMISSIONER
OF  MOTOR  VEHICLES MAY ISSUE TO A PERSON WHO DOES
NOT HOLD A  VALID  OPERATOR'S  LICENSE  A  SPECIAL
PERMIT  THAT  AUTHORIZES  SUCH  PERSON  TO  RIDE A
BICYCLE WITH A HELPER MOTOR  IF  (A)  SUCH  PERSON
PRESENTS  TO  THE  COMMISSIONER A CERTIFICATE BY A
PHYSICIAN LICENSED TO PRACTICE  MEDICINE  IN  THIS
STATE  THAT SUCH PERSON IS PHYSICALLY DISABLED, AS
DEFINED IN SECTION 1-1f,  OTHER  THAN  BLIND,  AND
THAT,  IN  THE PHYSICIAN'S OPINION, SUCH PERSON IS
CAPABLE OF RIDING A BICYCLE WITH A  HELPER  MOTOR,
AND   (B)   SUCH   PERSON   DEMONSTRATES   TO  THE
COMMISSIONER OF MOTOR VEHICLES THAT HE IS ABLE  TO
RIDE A BICYCLE (i) WITHOUT A HELPER MOTOR ON LEVEL
TERRAIN, AND (ii) WITH A HELPER  MOTOR.  (2)  SUCH
PERMIT    MAY   CONTAIN   LIMITATIONS   THAT   THE
COMMISSIONER DEEMS ADVISABLE  FOR  THE  SAFETY  OF
SUCH  PERSON AND FOR THE PUBLIC SAFETY, INCLUDING,
BUT NOT LIMITED  TO,  THE  MAXIMUM  SPEED  OF  THE
HELPER  MOTOR  SUCH  PERSON MAY USE. NO PERSON WHO
HOLDS A VALID SPECIAL PERMIT UNDER THIS SUBSECTION
SHALL  OPERATE  A BICYCLE WITH A HELPER'S MOTOR IN
VIOLATION  OF  ANY  LIMITATIONS  IMPOSED  IN   THE
PERMIT.  ANY  PERSON  TO  WHOM A SPECIAL PERMIT IS
ISSUED SHALL CARRY THE PERMIT AT ALL  TIMES  WHILE
OPERATING  THE BICYCLE WITH A HELPER'S MOTOR. EACH
PERMIT ISSUED UNDER THIS SUBSECTION  SHALL  EXPIRE
ONE YEAR FROM THE DATE OF ISSUANCE.
    (d)  Notwithstanding  the  provisions  of  any
statute or regulation  to  the contrary, the State
Traffic  Commission  shall  adopt  regulations  in
accordance  with  the  provisions  of  chapter  54
determining the conditions and circumstances under
which bicycle traffic  may  be  permitted on those
bridges in the  state  on  limited access highways
which  it  designates   to  be  safe  for  bicycle
traffic. Bicycle traffic  shall  not be prohibited
on any such  bridges  under  such  conditions  and
circumstances. [The term  "sidewalk",  as  used in
this section, shall mean]
    (e) AS USED  IN  THIS  SECTION: (1) "SIDEWALK"
MEANS any sidewalk  laid  out as such by any town,
city or borough, and any walk which is reserved by
custom for the  use  of  pedestrians, or which has
been specially prepared  for their use. [It shall]
"SIDEWALK"  DOES not  include  crosswalks  [,  nor
shall it include]  AND  DOES NOT INCLUDE footpaths
on portions of  public  highways  outside  thickly
settled parts of towns, cities and boroughs, which
are worn only  by  travel  and are not improved by
such towns, cities  or boroughs or by abutters; [.
The  term]  (2)  "bicycle"  [,  as  used  in  this
section,] includes all  vehicles  propelled by the
person riding the  same by foot or hand power or a
helper motor; AND (3) "HELPER MOTOR" MEANS A MOTOR
having  a  capacity   of  less  than  fifty  cubic
centimeters piston displacement,  [and]  rated not
more than two brake horsepower, [and] capable of a
maximum speed of  no  more  than  thirty miles per
hour and equipped with automatic transmission.
    (f)  Any  person  who  pleads  not  guilty  of
violation of any of the provisions of this section
shall  be  prosecuted  within fifteen days of such
plea.
    [(b)]    (g)   No   person   may   operate   a
high-mileage vehicle as defined in section 14-1 on
any sidewalk, limited access highway or turnpike.
    [(c)]  (h)  Violation of any provision of this
section shall be an infraction.

Approved July 10, 1997