Connecticut Seal

Substitute House Bill No. 6404

Public Act No. 03-115

AN ACT CONCERNING THE DEPARTMENT OF TRANSPORTATION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (Effective from passage) The segment of Route 40 in Hamden running in a generally northerly direction from the North Haven/Hamden town line to the junction of Route 10 in Hamden shall be designated as the "Edward Armeno Memorial Highway".

Sec. 2. (Effective from passage) Route 796 in Milford, currently known as the "Milford Parkway Connector" shall be redesignated the "Daniel S. Wasson Connector".

Sec. 3. (Effective from passage) The segment of Route 142 in Branford eastbound and westbound from the junction of Route 1 to Double Beach Road shall be designated as the "William E. Keish, Jr. Memorial Highway".

Sec. 4. (Effective from passage) Bridge number 007773, commonly known as the West Rock Tunnel in New Haven shall be designated the "Hero's Tunnel".

Sec. 5. (Effective from passage) The bridge over the Saugatuck River in Westport shall be designated as the "Ruth Steinkraus Cohen Memorial Bridge".

Sec. 6. (Effective from passage) Footbridge Number 827OR located in Seymour, crossing the railroad tracks, shall be designated as "Kisson's Crossing".

Sec. 7. (Effective from passage) A segment of Route 349 in Groton shall be redesignated as the "William J. Snyder, Sr. Memorial Highway".

Sec. 8. (Effective from passage) The segment of Route 101 between Abington and East Killingly shall be designated as the "Leif Erickson Highway".

Sec. 9. (Effective from passage) A segment of Route 15 through Derby, Ansonia and Seymour shall be designated as the "Veteran's Memorial Highway".

Sec. 10. (Effective from passage) Bridge number 1751, passing over Quaker Lane and Trout Brook on Interstate 84 eastbound in West Hartford, shall be designated "The 76th Division Memorial Bridge".

Sec. 11. (Effective from passage) A segment of Route 174 in Newington, running in an easterly direction from Route 173 east to Route 176, shall be designated the "Francis Kochanowicz Memorial Highway".

Sec. 12. (Effective from passage) A segment of Route 173 in West Hartford, running in a northerly direction from the Newington-West Hartford town line to the junction of SR 529, shall be designated the "Roger Fissette Hannon-Hatch VFW Post 9929 Memorial Highway".

Sec. 13. (Effective from passage) Bridge number 00233, on Route 166 passing over Interstate 95 in Old Saybrook, shall be designated the "Rosario J. Aloisio Memorial Bridge".

Sec. 14. (Effective from passage) A segment of Route 69 from Washington Street to East Main Street in Waterbury, shall be designated the "Officer Walter T. Williams III Memorial Highway".

Sec. 15. (Effective from passage) A segment of Route 69 from East Main Street to SR 844 in Waterbury, shall be designated the "Officer Bruce Hanley Memorial Highway".

Sec. 16. (Effective from passage) A segment of Route 314 from SR 543 to Jordan Lane in Wethersfield, shall be designated the "Antranig Ozanian Memorial Highway".

Sec. 17. (Effective from passage) A segment of SSR 411 from Route 3 to Route 99 in Rocky Hill, shall be designated the "Nicholas LaRosa Memorial Highway".

Sec. 18. (Effective from passage) Bridge number 00024, passing over Interstate 95 at Wilson Avenue in Stamford, shall be designated the "Stamford Firefighters L786 World Trade Center Memorial Bridge".

Sec. 19. (Effective from passage) Bridge number 02430, passing over Fenn Brook on Route 67 in Roxbury, shall be designated the "Hurlbut Bridge".

Sec. 20. (Effective from passage) Bridge number 01747, passing over Interstate 84 on Route 173 in West Hartford, shall be designated the "Thomas DeAngelis Memorial Bridge".

Sec. 21. (Effective from passage) A segment of Route 130 in the city of Bridgeport from the Fairfield town line to the Stratford town line shall be designated the "Alvin W. Penn Memorial Highway".

Sec. 22. (Effective from passage) Bridge number 1748 on Mayflower Road, passing over Interstate 84 in West Hartford, shall be designated the "Joseph Lenihan Memorial Bridge".

Sec. 23. (Effective from passage) SSR 403 located in the town of Windsor Locks running in a generally westerly direction from the eastern junction of SSR 401 to the western junction of SSR 401, shall be designated the "Robert F. Juliano Highway".

Sec. 24. (NEW) (Effective October 1, 2003) Any vehicle used for landscaping purposes that has a caged trailer shall display an orange triangular caution sign on the rear of the trailer.

Sec. 25. Section 13a-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) As used in this title: [,]

(1) ["commissioner"] "Commissioner" means the Commissioner of Transportation and includes each [and all of his successors] successor in office or authority;

(2) ["highway"] "Highway" includes streets and roads;

(3) ["limited access state highway"] "Limited access state highway" means any state highway so designated under the provisions of section 13b-27; [,] and

(4) ["state highway"] "State highway" means a highway, bridge or appurtenance to a highway or bridge designated as part of the state highway system within the provisions of chapter 237, or a highway, bridge or appurtenance to a highway or bridge specifically included in the state highway system by general statute.

(b) Wherever in the general statutes or special acts pertaining to highways the word "town" is used, it shall include city or borough. The word "selectmen", wherever the same occurs in the general statutes which relate to the care and maintenance of highways, shall, in relation to towns having a consolidated town and city government and bound to care for and maintain the highways [therein] in such towns, be construed to mean the board, officer or commission having charge of the care and maintenance of such highways.

Sec. 26. Section 13a-9 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

A superintendent of highways and bridges shall possess practical and technical qualifications for the duties of such office and shall hold no other office in the town government. [He] The superintendent shall be bonded, in an amount fixed by the board of finance if the town has such a board, otherwise by the board of selectmen, by a reliable surety company, conditioned for the faithful discharge of the duties of [his] such office. [, and the] The premium on such bond shall be a charge against the town and shall be paid upon the requisition of such superintendent. [He] The superintendent shall receive such salary as is fixed by the board of finance, or by the town in town meeting when there is no such board, the appropriation therefor to be made in the same manner as other appropriations are made in such town. Such salary shall be paid by the treasurer of the town out of the general funds of the town raised by taxation, upon the requisition of the superintendent, countersigned by the selectmen of the town.

Sec. 27. Section 13a-57 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

The commissioner [is authorized to] may lay out any road as a state highway either by using existing highways or by acquiring by purchase or condemnation new rights-of-way. The layout shall be made in the following manner: The commissioner shall develop a map or maps of the layout of a state highway by ground survey or aerial photogrammetric methods. Such map or maps shall show the limits of the right-of-way, all existing roads, buildings, fences and other topographic features which will clearly establish the location of the highway. The commissioner shall file in the town clerk's office in each town in which such layout or portion thereof is established a map showing such portions of such layout within the limits of any such town in which such map is filed. When such maps of any section or sections of such highway have been so filed, the commissioner shall cause a notice to be inserted in a newspaper having a general circulation within each of such towns describing the action of the commissioner concerning the layout of such highway. When such maps have been placed on file and such notice given, such portion or section shall be deemed to have been legally laid out as a state highway and all provisions of the general statutes relating to state highways shall apply to such layout or highway. This section shall not affect the authority of the commissioner to relocate any section of any state highway as provided in section 13a-56.

Sec. 28. Subsection (a) of section 13a-80 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) The commissioner, with the advice and consent of the Secretary of the Office of Policy and Management and the State Properties Review Board may sell, lease and convey, in the name of the state, or otherwise dispose of, or enter into agreements concerning, any land and buildings owned by the state and obtained for or in connection with highway purposes or for the efficient accomplishment of the foregoing purposes or formerly used for highway purposes, which real property is not necessary for such purposes. The commissioner shall notify the state representative and the state senator representing the municipality in which said property is located within one year of the date a determination is made that the property is not necessary for highway purposes and that the department intends to dispose of the property.

Sec. 29. Section 13a-84 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

If the selectmen of any town and any person interested in the layout, opening, grading or alteration of any highway or private way [therein] in such town cannot agree as to the damages sustained by, or the benefits accruing to, such person thereby, the selectmen shall apply to any judge of the Superior Court who, having caused reasonable notice to be given to the parties interested, shall appoint a committee of three disinterested electors to estimate and assess each person injured or benefited the damages sustained by or the benefits accruing to [him] such person by such layout, opening, grading [,] or alteration of such way. Such committee, having thereupon given at least ten days' notice to the parties interested of the time and place of its meeting, shall, under oath, make such estimate and assessment and [forthwith] immediately report its [doings] actions to the superior court in the judicial district in which the land is situated. Notice of the time and place of the meeting of such committee may be given to the parties interested, if they are residents of the state, personally, or by leaving written notices at their respective places of abode, or by depositing in the post office, postage paid, notices addressed to them respectively; or, if they are nonresidents, by like notice to the person having charge of the land. Any person interested in such estimate or assessment may appear before said court and remonstrate against the acceptance of such report for any irregularity or improper conduct; and thereupon the same proceedings shall be had by said court in accepting or rejecting such report, and in ordering a jury to reassess the damages and benefits, or either, as provided in the case of applications brought to said court against towns for the layout or alteration of highways; and such jury, and the court in acting upon the report of such jury, shall proceed as in the case of such applications.

Sec. 30. Section 13a-95 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

The commissioner may, at any time, call for bids to construct, alter, reconstruct, improve, relocate, widen or change the grade of sections of state highways or bridges. All bids shall be submitted on forms provided by the commissioner and shall comply with the rules and regulations provided in the bid specifications. The commissioner shall state the amount of the bond which shall accompany each bid and shall name the place where bids shall be received and the time and place for opening the same. Each bid shall be accompanied by a surety company bond satisfactory to the commissioner and in such sum as [he] the commissioner determines, and shall be so conditioned that, if the contract is awarded to the bidder, [he] such bidder shall, when required by the commissioner, execute an agreement in writing, to be prepared by said commissioner, with such bond as shall be acceptable to the commissioner, conditioned as provided in section 49-41. The commissioner may reject any and all bids if, in [his] the commissioner's opinion, cause exists therefor; but otherwise [he] the commissioner shall award the contract to the lowest bidder [whom he deems] deemed to be responsible. The successful bidder shall give evidence satisfactory to said commissioner of [his] such bidder's ability to perform the contract. When such contract is executed by the commissioner and the successful bidder, a copy of the contract, with an estimate of the cost of the work, shall be [forthwith] immediately filed with the commissioner.

Sec. 31. Section 13a-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

Any bridge or passageway over any artificial watercourse on a highway which it is not the duty of the commissioner to maintain shall be constructed and maintained by the person owning or controlling such watercourse and shall be of such width and carrying capacity as are approved by the board of selectmen of the town, provided, if at any time the board of selectmen finds that any such existing bridge or passageway has become insufficient to permit the traveling public to use it with safety, the board of selectmen shall cause such bridge or passageway to be reconstructed so as to make it sufficient or shall cause a new sufficient bridge or passageway to be constructed. The town and the person owning or controlling the watercourse shall each pay an equitable portion of the cost of reconstructing such existing bridge or passageway or of constructing a new sufficient bridge or passageway, which equitable apportionment shall be based upon the respective needs of the town and the person for such change in such bridge or passageway, and the board of selectmen [is authorized to] may enter into an agreement with such person determining the portion to be paid by each, provided, if the board of selectmen and such person cannot agree upon an equitable apportionment of such cost, either may apply to the superior court in the judicial district within which such bridge or passageway is situated, or, if said court is not in session, to any judge thereof, for a determination of the portion of the cost to be borne by each, and said court or such judge, after causing notice of the pendency of such application to be given to the other party, shall appoint a state referee to make such determination. Such referee, having given at least ten days' notice to the parties interested of the time and place of the hearing, shall hear both parties, shall view the bridge or passageway and take such testimony as such referee deems material, and shall thereupon determine the portion of the cost to be borne by each and [forthwith] immediately report to the court. If the report is accepted by the court, such determination shall, subject to right of appeal as in civil actions, be conclusive upon both parties.

Sec. 32. Section 13a-123 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) The erection of outdoor advertising structures, signs, displays or devices within six hundred sixty feet of the edge of the right-of-way, the advertising message of which is visible from the main traveled way of any portion of the National System of Interstate and Defense Highways, hereinafter referred to as interstate highways, the primary system of federal-aid highways or other limited access state highways, is prohibited except as otherwise provided in or pursuant to this section, and except that those outdoor advertising signs, displays and devices which are more than six hundred sixty feet off the nearest edge of the right-of-way, located outside of urban areas, visible from the main traveled way of the system and erected with the purpose of their message being read from such main traveled way are prohibited.

(b) The Commissioner of Transportation may enter into agreements with the Secretary of Commerce on behalf of the state or any of its agencies to comply with Title I of the Highway Beautification Act of 1965 and do such things as are necessary to enable the state to be eligible for the bonus payments as set forth in an agreement between the state and the Secretary of Commerce dated June 23, 1961.

(c) The commissioner may promulgate regulations for the control of outdoor advertising structures, signs, displays and devices along interstate highways, the primary system of federal-aid highways and other limited access state highways. Such regulations shall be as, but not more, restrictive than the controls required by Title I of the Highway Beautification Act of 1965 and any amendments thereto with respect to the interstate and primary systems of federal-aid highways or the national standards of the Secretary of Commerce in respect to the interstate highways, in effect November 13, 1958, and any amendments thereto.

(d) The regulations promulgated by the commissioner shall, in the case of such other limited access state highways, exclude any area along either side of such highways which is zoned for industrial or commercial use under local ordinance or zoning regulation and which, upon application, is determined by the commissioner to be in actual use as an industrial or commercial area at the time of application, provided such exclusion shall remain operative only so long as such area remains so zoned.

(e) The following types of signs, displays and devices may, with the approval of and subject to regulations promulgated by the commissioner, be permitted within the six hundred sixty-foot area of interstate, primary and other limited access state highways, except as prohibited by state statute, local ordinance or zoning regulation: (1) Directional and other official signs or notices, which signs and notices shall include, but not be limited to, signs and notices pertaining to natural wonders and scenic and historical attractions which are required or authorized by law; (2) signs, displays and devices advertising the sale or lease of the property upon which they are located; (3) signs, displays and devices advertising activities conducted on the property on which they are located. Subject to regulations promulgated by the commissioner and except as prohibited by state statute, local ordinance or zoning regulation signs, displays and devices may be erected and maintained within six hundred and sixty feet of primary and other limited access state highways in areas which are zoned for industrial or commercial use under authority of law or located in unzoned commercial or industrial areas which areas shall be determined from actual land uses and defined by regulations of the commissioner. The regulations of the commissioner in regard to size, spacing and lighting shall apply to any segments of the interstate system which traverse commercial or industrial zones wherein the use of real property adjacent to the interstate system is subject to municipal regulation or control, or which traverse other areas where the land use, as of September 21, 1959, was clearly established under state law as industrial or commercial.

(f) Notwithstanding the provisions of subsections (a) and (e) of this section, signage that may be changed at intervals by electronic or mechanical process or by remote control shall be permitted within six hundred sixty feet of the edge of the right-of-way of any interstate, federal-aid primary or other limited access state highway, except as prohibited by state statute, local ordinance or zoning regulation, provided such signage (1) has a static display lasting no less than six seconds, (2) achieves a message change with all moving parts or illumination moving or changing simultaneously over a period of three seconds or less, and (3) does not display any illumination that moves, appears to move or changes in intensity during the static display period.

[(f)] (g) (1) Whenever the commissioner deems it in the best interest of the state, [he] the commissioner may acquire by purchase, gift or condemnation, in accordance with part IV of this chapter, the right to advertise or regulate advertising in an area adjacent to the right-of-way of a project on the interstate or primary system or any limited access state highway. (2) The commissioner may also acquire by purchase, gift or condemnation, and shall pay just compensation upon the removal of the following outdoor advertising structures, signs, displays and devices adjacent to interstate and federal-aid primary highways which (A) were lawfully in existence on October 22, 1965, (B) were lawfully on a highway made part of the interstate or primary system on or after October 22, 1965, and before January 1, 1968, and (C) were lawfully erected on or after January 1, 1968. Just compensation for the removal of structures, signs, displays and devices along the interstate and primary systems shall be paid only for the following: (i) The taking from the owner of such sign, display or device of all right, title, leasehold and interest in such structure, sign, display or device; and (ii) the taking, from the owner of the real property on which the structure, sign, display or device is located, of the right to erect and maintain such structures, signs, displays and devices thereon.

[(g)] (h) Licenses or permits for outdoor structures, signs, displays or devices adjacent to interstate, primary federal-aid or other limited access state highways issued by the Commissioner of Public Safety in accordance with chapter 411 shall be consistent with regulations and standards adopted under this section.

[(h)] (i) In order to provide information in the specific interest of the traveling public the Commissioner of Transportation may maintain maps and may permit informational directories and advertising pamphlets to be made available at safety areas, and, subject to the approval of the Secretary of Commerce, may establish information centers at safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as the commissioner may consider desirable. In addition to being subject to the provisions of this section, all outdoor advertising structures, signs, displays or devices shall continue to be subject to the provisions of any municipal ordinance or regulation.

[(i)] (j) The commissioner may order the removal of any advertising structure, sign, display or device along any interstate, federal-aid primary, or other limited access state highway erected in violation of this section. Any advertising structure, sign, display or device in existence on September 1, 1965, within six hundred and sixty feet of the right-of-way of any interstate, federal-aid primary, or other limited access state highway may continue to be maintained until July 1, 1970, but may not be replaced or relocated on such highway except (1) in areas where otherwise allowed by statute or regulations adopted thereunder, or (2) if such sign is removed from a building to which it is attached for purposes of repair or reconstruction of the building, the identical sign may be returned to its original position. Any advertising structure, sign, display or device lawfully erected since September 1, 1965, within six hundred sixty feet of the right-of-way of any interstate, federal-aid primary, or other limited access state highway and before June 21, 1967, may continue to be maintained until the end of the fifth year after it becomes nonconforming, but may not be replaced or relocated on such highway except in areas where otherwise allowed by statute or regulations adopted thereunder. If the person, firm or corporation in control of or owning a structure, sign, display or device or whose name appears thereon does not remove it within fourteen days after an order of removal has been sent to such person, firm or corporation by registered or certified mail, said commissioner may cause such structure, sign, display or device to be removed and the expense of such removal may be collected from the person, firm or corporation owning or controlling the same in an action based on the provisions of this section, or from the sureties on the bond filed by a nonresident person, firm or corporation pursuant to section 21-54.

[(j)] (k) Any person violating any provision of this section shall be fined not more than one hundred dollars for each such violation.

Sec. 33. Section 13a-126 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

As used in this section, "public service facility" [means and] includes all privately, publicly or cooperatively owned lines, facilities and systems for producing, transmitting or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage and any other similar commodities, including fire and police signal systems and street lighting systems which directly or indirectly serve the public. Whenever the commissioner determines that any public service facility located within, on, along, over or under any land comprising the right-of-way of a state highway or any other public highway when necessitated by the construction or reconstruction of a state highway shall be readjusted or relocated in or removed from such right-of-way, [he] the commissioner shall issue an appropriate order to the company, corporation or municipality owning or operating such facility, and such company, corporation or municipality shall readjust, relocate or remove the same promptly in accordance with such order; provided an equitable share of the cost of such readjustment, relocation or removal, including the cost of installing and constructing a facility of equal capacity in a new location, shall be borne by the state. Such equitable share, in the case of or in connection with the construction or reconstruction of any limited access highway, shall be the entire cost, less the deductions [hereinafter] provided in this section, and, in the case of or in connection with the construction or reconstruction of any other state highway, shall be such portion or all of the entire cost, less the deductions [hereinafter] provided in this section, as may be fair and just under all the circumstances, but shall not be less than fifty per cent of such cost after the deductions [hereinafter] provided in this section. In establishing the equitable share of the cost to be borne by the state, there shall be deducted from the cost of the readjusted, relocated or removed facilities a sum based on a consideration of the value of materials salvaged from existing installations, the cost of the original installation, the life expectancy of the original facility and the unexpired term of such life use. When any facility is removed from the right-of-way of a public highway to a private right-of-way, the state shall not pay for such private right-of-way, provided, when a municipally-owned facility is thus removed from a municipally-owned highway, the state shall pay for the private right-of-way needed by the municipality for such relocation. If the commissioner and the company, corporation or municipality owning or operating such facility cannot agree upon the share of the cost to be borne by the state, either may apply to the superior court for the judicial district within which such highway is situated, or, if said court is not in session, to any judge thereof, for a determination of the cost to be borne by the state, and said court or such judge, after causing notice of the pendency of such application to be given to the other party, shall appoint a state referee to make such determination. Such referee, having given at least ten days' notice to the parties interested of the time and place of the hearing, shall hear both parties, shall view such highway, shall take such testimony as such referee deems material and shall thereupon determine the amount of the cost to be borne by the state and [forthwith] immediately report to the court. If the report is accepted by the court, such determination shall, subject to right of appeal as in civil actions, be conclusive upon both parties.

Sec. 34. Section 13a-129 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

Upon twelve days' notice of such petition to such town or towns and to all owners of land abutting on such highways and to such other persons as the court orders, served and returned in the same manner as in civil process, said court shall hear and decide such petition and, upon finding the allegations to be true, shall grant the discontinuance or alteration of such highways, prescribing in its judgment any modifications of such discontinuance or alteration [prayed for] requested in such petition, or any layout of a new highway or highways in lieu thereof, as said court deems to be required by public convenience and necessity. Said court shall, in such judgment, appoint a committee of three disinterested persons to make a survey and layout in accordance [therewith] with such judgment and, upon such notice to the parties in interest as the court orders, to estimate the damages sustained by any person and to report in writing their [doings] actions to said court. Upon acceptance of such report by said court and payment of damages by the petitioner to the parties found to be entitled thereto or deposit of the same in said court for their use, such discontinuance, alteration or new layout shall become effectual, and the applicant shall [forthwith] immediately construct such highway as altered or laid out, at its own expense and in the manner determined by said court, and shall cause a certified copy of such judgment and of the report of such committee as accepted to be recorded in the land records of each town in which any part of such highway so discontinued, altered or laid out is situated. Appeal from the judgment granting such petition or from the judgment of the court accepting such report may be taken by any party in interest in the same manner as is prescribed by law for appeals in civil actions.

Sec. 35. Section 13a-133 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

The commissioner [is authorized to] may enter into agreements with railroad corporations for the purpose of performing any work which may be necessary in connection with the construction of highways, bridges and other public works undertaken by the Department of Transportation whenever such construction or work would entail relocation, alteration or other work on the tracks, bridges or other property of such corporations. Any such agreement, subject to the approval of the State Treasurer, may provide for the monthly advancement of funds to a special bank account administered jointly by the railroad corporations and the State Treasurer, for the purpose of covering the cost of such work, whenever it appears that otherwise delay would result in the reasonable progress of such work which would unreasonably obstruct and impede the construction of highways and disrupt the free flow of public transportation.

Sec. 36. Section 13a-135 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

The commissioner [is authorized to] may take, under the provisions of the general statutes relating to the taking of land for highway purposes, the ties, track appurtenances and rails of any disbanded or defunct street railway company, as defined in section 16-1, in state highways or bridges or, by agreement with any operating street railway company, [to] take title to and possession of, on behalf of the state, any ties, rails or other track appurtenances in such highways or bridges, and thereupon such street railway company shall be relieved of all obligations with respect to construction, reconstruction, repair and maintenance of any part of such highways or bridges or with respect to the removal of such ties, rails and other track appurtenances.

Sec. 37. Section 13a-198c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

The Commissioner of Transportation [is authorized and directed] shall, subject to approval by the Governor of allotment of funds therefor, [to] undertake and proceed with the projects described in section 13a-198b, and, [to that end] for such purpose, the Commissioner of Transportation with respect to any such project [is authorized to] may do and perform any act or thing regarding the projects which are [mentioned or] referred to in [said] section 13a-198b.

Sec. 38. Section 13a-198d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

Subject to the limitations referred to in section 13a-198c, as amended by this act, and in order to effectuate the purposes of [said] sections 13a-198a to 13a-198j, inclusive, as amended by this act, the Commissioner of Transportation [is authorized (a) to] may (1) plan, design, lay out, construct, reconstruct, relocate, improve, maintain and operate the projects, and reconstruct and relocate existing highways, sections of highways, bridges or structures and incorporate or use the same, whether or not so reconstructed or relocated or otherwise changed or improved, as parts of such projects; [(b) to] (2) retain and employ consultants and assistants on a contract or other basis for rendering professional, legal, fiscal, engineering, technical or other assistance and advice; and [(c) to] (3) do all things necessary or convenient to carry out the purposes and duties and exercise the powers expressly given in sections 13a-198a to 13a-198j, inclusive, as amended by this act. Except as otherwise stated in section 13a-198c, as amended by this act, nothing contained in sections 13a-198a to 13a-198j, inclusive, as amended by this act, shall be construed to limit or restrict, with respect to the projects, any power, right or authority of the Commissioner of Transportation existing under or pursuant to any other law.

Sec. 39. Section 13a-247 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) No person, firm or corporation shall excavate within or under, or place any obstruction or substruction within, under, upon or over, or interfere with construction, reconstruction or maintenance of or drainage from, any state highway without the written permission of the commissioner. [, and said] Said commissioner may fill in or close any such excavation or remove or alter any such obstruction or substruction, and the expense incurred by the commissioner in such filling or removing or altering shall be paid by the person, firm or corporation making such excavation or placing such obstruction or substruction, provided any excavation, obstruction or substruction existing within, under, upon or over any such highway on July 1, 1925, or, at the discretion of said commissioner, any excavation, obstruction or substruction made after said date without a permit or in violation of the provisions of a permit shall be removed or altered by the person, firm or corporation making or maintaining the same within thirty days from the date when said commissioner sends by registered or certified mail, postage prepaid, a notice to such person, firm or corporation, ordering such removal or alteration.

(b) Any person, firm or corporation violating any provision of subsection (a) of this section shall be fined not more than one hundred dollars for a first offense and not less than one hundred dollars nor more than five hundred dollars for each subsequent offense.

Sec. 40. Section 13a-249 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

The commissioner [is authorized to] may erect temporary buildings upon land owned by the state and under the jurisdiction of the Department of Transportation for purposes incidental to the construction and maintenance of highways.

Sec. 41. Section 13a-250 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

The warden of the Connecticut Correctional Institution, Somers, the warden of the John R. Manson Youth Institution, Cheshire or the Community Correctional Center Administrator, upon the requisition of the commissioner, may permit any inmate of any institution under [his] said warden's or administrator's charge, other than a person serving a life sentence, to be employed in the construction of any highway or bridge, under the direction of said commissioner. Said warden or Community Correctional Center Administrator shall furnish necessary guards over prisoners while out of the custody of any such institution.

Sec. 42. Section 13a-251 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

The commissioner [is authorized to] may maintain, from funds available to the Department of Transportation, the James H. MacDonald Memorial Park in the town of Avon.

Sec. 43. Section 13a-254 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

When a state highway which has been given a name by act of the General Assembly has been reconstructed, relocated or renumbered, the commissioner may apply such name to such reconstructed, relocated or renumbered section except when [he] the commissioner determines that such name applies exclusively, because of personal or historical association, to the highway as originally constructed.

Sec. 44. Subsection (a) of section 13a-255 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The systems of plane coordinates which have been established by the National Geodetic Survey created by the National Ocean Service, formerly the United States Coast and Geodetic Survey, or its successors, or the Connecticut Geodetic Survey for purposes of defining and stating the geographic positions or locations of points on the surface of the earth within the state of Connecticut shall hereafter be known and designated as the Connecticut Coordinate System of 1927 and the Connecticut Coordinate System of 1983. In any land description in which such system is used, it shall be designated the "Connecticut Coordinate System of 1927" or the "Connecticut Coordinate System of 1983", whichever is applicable. A detailed description of each system shall be published by the Commissioner of Transportation.

Sec. 45. Section 13a-256 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

For each fiscal year, there may be allocated two hundred [and] fifty thousand dollars out of funds available to the commissioner not otherwise specifically allocated, to be used for a continuing joint highway research program. The commissioner and the president of The University of Connecticut [are authorized to] may make agreements to establish such controls as may be mutually agreeable for the determination of the research to be undertaken in accordance with such program and to determine their respective responsibilities relative to administration, financing and the publication of findings. If suitable agreements can be entered into prior to the time that allocation of funds for any fiscal year is made, said commissioner may furnish the funds to continue such program from funds next to be allocated. Funds remaining unexpended at the end of each fiscal year shall revert to the unappropriated funds available to the commissioner.

Sec. 46. Section 13a-258 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

The Commissioner of Transportation shall maintain any sidewalk, including the removal of snow and ice, abutting property acquired for highway purposes, from the date of acquisition until the section of highway for which the property was acquired is completed. [He] The commissioner may agree with the municipality in which such sidewalk is located that it perform such maintenance of, and removal of snow and ice from, such sidewalk as [he] the commissioner deems necessary and reimburse the municipality for the expense thereof; provided such agreement shall not, for the purposes of section 13a-144, release the commissioner from the duty to maintain such sidewalk. Any person using such sidewalk shall do so at [his] such person's own risk when such sidewalk is posted in accordance with section 13a-115.

Sec. 47. Section 13b-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

The following terms, when used in this chapter shall have the following meanings, unless the context otherwise requires:

[(a)] (1) "Aeronautics", "air navigation facility", "airport" and "restricted landing area" shall have the meanings prescribed in section 15-34;

[(b)] (2) "Bureau" means any of the operating bureaus established in the department pursuant to the provisions of section 4-8;

[(c)] (3) "Commissioner" means the Commissioner of Transportation appointed pursuant to this chapter;

[(d)] (4) "Department" means the Department of Transportation established pursuant to this chapter;

[(e)] (5) "Highway", "state highway" and "limited access state highway" shall have the meanings prescribed in section 13a-1, as amended by this act;

[(f)] (6) "Motor carrier" means any person who operates motor vehicles over the highways of this state, whether over regular or irregular routes, in the transportation of passengers or property, or any class or classes thereof, for hire by the general public or for hire under special and individual contracts;

[(g)] (7) "Person" may include the United States, any state, or any agency, instrumentality, department or officer thereof;

[(h)] (8) "State highway system" shall have the meaning prescribed in sections 13a-14 and 13a-15;

[(i)] (9) "Transportation" means any form of transportation for people or goods within, to or from the state, whether by highway, air, water, rail or any other means.

Sec. 48. Section 13b-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

The commissioner shall have the following general powers, duties and responsibilities:

(1) To coordinate and develop comprehensive, integrated transportation policy and planning to include a long-range master plan of transportation for the state;

(2) To coordinate and assist in the development and operation of a modern, safe, efficient and energy-conserving system of highway, mass transit, marine and aviation facilities and services;

(3) To promote the coordinated and efficient use of all available and future modes of transportation;

(4) To study commuter and urban travel and in cooperation with federal, regional and local agencies and persons to formulate and implement plans and programs to improve such travel;

(5) To study means of providing facilities for parking motor vehicles so as to encourage travel by the combination of motor vehicle and other modes of transportation and in cooperation with federal, regional and local agencies and persons to formulate and implement plans and programs for this purpose;

(6) To study means of improving transportation safety and to formulate and implement plans and programs and [promulgate] adopt regulations, in accordance with chapter 54, for this purpose;

(7) To study the operations of existing airports, to determine the need for changes in such airports and the need for future airports, and to formulate and implement plans and programs to improve aviation facilities and services;

(8) To cooperate with federal, state, interstate and local agencies, organizations and persons performing activities relating to transportation;

(9) To exercise and perform such other duties and responsibilities as may be conferred under this chapter and title 13a or as may otherwise be conferred by law;

(10) To prepare a plan setting forth [his] a recommendation for a restructured system of regional transit districts within the state. Said plan shall be based on: (A) Established patterns of commuter traffic within the state; (B) federal requirements for receiving aid under the Urban Mass Transportation Act of 1964, and (C) present planning regions. On or before February 1, 1978, the commissioner shall present such plan to the General Assembly;

(11) To prepare pertinent reports, including, but not limited to, detailed reports of energy use analysis by mode of transportation; and

(12) To provide for the planning and construction of any capital improvements and the remodeling, alteration, repair or enlargement of any real asset that may be required for the development and operation of a safe, efficient system of highway, mass transit, marine and aviation transportation, provided the acquisition, other than by condemnation, or the sale or lease, of any property that is used for such purposes shall be subject to the review and approval of the State Properties Review Board in accordance with the provisions of subsection (f) of section 4b-3.

Sec. 49. Section 13b-16a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) As used in this section:

(1) "Public transportation" includes, but is not limited to, rail service and fixed route bus service;

(2) "Paratransit" includes, but is not limited to, carpooling and vanpooling; and

(3) "Traffic management program" includes, but is not limited to, employer incentives to promote carpooling, vanpooling and public transportation.

(b) The Department of Transportation shall include, as part of its alternative analysis for all new multilaned expressways on new locations, an analysis of public transportation, paratransit [,] or traffic management program options as part of each alternative. [As used in this section, public transportation shall include, but not be limited to, rail service and fixed route bus service; paratransit shall include, but not be limited to, carpooling and vanpooling; and traffic management programs shall include, but not be limited to, employer incentives to promote carpooling, vanpooling, and public transportation. ]

Sec. 50. Section 13b-39d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

The owner shall pay a fee to the municipal registration official for each aircraft so numbered or registered in accordance with the following schedule:

 

Gross Weight (lbs. )

Fee

 

    Less than 3,000

$ 90. 00

 

3,001 - 4,500

250. 00

 

4,501 - 8,000

700. 00

 

8,001 - 12,500

1,500. 00

 

    12,501 and over

2,500. 00

Aircraft manufactured before 1946 shall pay the lesser of one hundred dollars or the fee as required on the basis of gross weight as set forth in this section. The commissioner may establish, by regulations adopted in accordance with the provisions of chapter 54, a uniform schedule for the expiration and renewal of registrations and may prorate the fees in this section accordingly. Any person or firm that acquires ownership of an aircraft shall [be required to] obtain a new registration in the name of such owner within thirty days of the date of such acquisition, provided no additional registration fee shall be payable in cases where one or more new ownership interests are being added to the registration or in cases of legal change of name of the registrant. All registrations [must] shall be renewed within thirty days of the date of expiration as stated in the certificate. If a valid certificate or number decal is lost, mutilated or destroyed, the aircraft owner shall notify the municipal registration official within fifteen days, and such owner shall be issued a duplicate certificate or number decal upon payment of a fee of five dollars.

Sec. 51. Section 13b-44 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) The state may establish, maintain and operate, and may expand, an airport at any location within the state in the following manner. The commissioner shall conduct and complete a study of the adequacy of existing airports, which study may be based upon the study authorized under section 13b-16, and shall determine the necessity for the establishment of additional airports or the expansion of existing airports. The commissioner shall, within one year of the completion of such study, formulate and adopt a plan of development which shall incorporate the findings of such study, showing the necessity for such establishment or expansion, in a manner consistent with the comprehensive long-range master transportation plan. The plan of development shall specify the lands or interests [therein] in such lands the acquisition of which the commissioner deems necessary for such establishment or expansion and a copy of such plan of development shall be filed in the office of the town clerk of each municipality in which such establishment or expansion is proposed.

(b) The commissioner shall cause a public hearing to be held at the expense of the department in each municipality in which such lands or interests [therein] in such lands are located. At such hearing the commissioner shall present and explain the plan of development, and any persons who are opposed to such plan may be heard and may state their reasons [therefor] for such opposition. Such hearing shall be held not earlier than thirty days after such plan has been filed in the office of the town clerk of the municipality. Notice of the time and place of such hearing shall be published in a newspaper having a substantial circulation in such municipality at least twice, at intervals of not less than two days, the first not more than fifteen days nor less than ten days and the second not less than two days before such hearing.

(c) Upon the completion of such hearing, the commissioner shall consider all the evidence relevant to the proposed plan of development, and if [he] the commissioner determines that the airport establishment or expansion provided in the plan is necessary, shall make such changes or modifications in the plan as are in the public interest. The commissioner shall file a copy of the revised plan, showing the changes or modifications made, in the office of the town clerk of the municipality and shall notify and send a copy of such revised plan to the chief executive officer or first selectman of such municipality. Such notice shall contain the request that the municipality approve the proposed establishment or expansion, which approval shall be by vote of a town or borough, and by vote of the city council of a city.

(d) If the municipality fails or neglects to act upon a request for approval within sixty days after the receipt [thereof] of such request by its chief executive officer or first selectman, the municipality shall be deemed to have approved of such establishment or expansion. If the municipality by vote disapproves of the establishment or expansion, the commissioner may, within thirty days following such vote, appeal to the superior court for the judicial district in which the municipality is located and the appeal shall be accorded a privileged status. The court shall, after hearing, determine whether the commissioner has proven the necessity for the establishment or expansion of an airport within the municipality and the burden of proving such necessity shall be upon the commissioner. If the court, after hearing, determines that the commissioner has not sustained such burden of proof, the court shall enter judgment for, and may award reasonable costs to, the municipality. If the court, after hearing, determines that the commissioner has sustained such burden of proof, the court may set aside the action of the municipality disapproving the establishment or expansion and may enter such order upon such terms and conditions as it deems appropriate to safeguard the rights of the parties and the public.

(e) After a plan has been legally approved, or its disapproval has been set aside by the Superior Court, the state may take any lands or interests [therein] in such lands contained in the plan upon paying just compensation to the owner. In case the state cannot agree with such owner [upon] on the amount of such compensation, the amount shall be determined in the manner prescribed in section 48-12. An appeal from the amount so determined shall not act as a stay of the taking of such land, provided no facility or land or interest [therein] in such land held by a public service company for service to the public shall be so taken or removed unless, at the expense of the state, an adequate and equal substitute approved by the Department of Public Utility Control shall first be provided.

Sec. 52. Section 13b-45 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

Before exercising any of the powers conferred in sections 13b-43 and 13b-44, as amended by this act, the commissioner shall establish and publish in detailed form, available to the public, the standards [he] the commissioner has adopted and will apply in making a determination that public convenience and necessity require the taking of any parcel of land or interest [therein] in such land.

Sec. 53. Section 13b-48 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

Upon receipt of any application for a certificate of approval of an airport, heliport or restricted landing area, or an original license to use or operate an airport, heliport, restricted landing area or other air navigation facility, the commissioner shall send notice thereof by registered or certified mail to the chief executive officer or first selectman of the municipality or municipalities in which the proposed airport, heliport, restricted landing area or other air navigation facility is proposed to be located. If the applicant, or such municipality within fifteen days after receipt of such notice, requests a public hearing, the commissioner shall set a time and place [therefor] for such hearing in the municipality in which the proposed airport, heliport, restricted landing area or other air navigation facility is proposed to be situated, at which hearing interested parties shall have an opportunity to be heard. The commissioner may [in his discretion] hold a public hearing in any case where no such request is made. Notice of any such hearing shall be published by the commissioner in a newspaper of general circulation in such municipality at least twice, the first publication to be at least fifteen days prior to the date of the hearing. Upon the conclusion of such hearing, the commissioner shall consider all the relevant evidence and shall issue an order granting or denying such application, written notice of which shall be sent by registered or certified mail to the applicant and to the chief executive officer or the first selectman of the municipality or municipalities in which the proposed airport, heliport, restricted landing area or other air navigation facility is to be located. Orders issued pursuant to this section shall comply with the requirements of section 15-66 and shall be subject to appeal as provided in section 15-67.

Sec. 54. Section 13b-49 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

The commissioner may revoke temporarily or permanently any certificate of approval or license upon a determination that an airport, heliport, restricted landing area or other navigation facility is not being maintained or used in accordance with the provisions of this chapter, or chapter 266, or any regulations [promulgated] adopted pursuant [thereto] to said chapters.

Sec. 55. Section 13b-55 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

The commissioner [is authorized to] may sell and convey any land, right in land, riparian right or other property or right in property, of whatever kind, that [he] the commissioner may acquire pursuant to section 13b-53, which is in excess of the quantity [thereof] required for the purpose for which it was acquired, and to execute and deliver appropriate conveyances of such property in behalf of the state. No such sale or conveyance shall be made without the prior consent of the Secretary of the Office of Policy and Management and the Commissioner of Public Works and the State Properties Review Board.

Sec. 56. Section 13b-57e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) There is [created] established the Connecticut Transportation Strategy Board, the members of which shall be appointed as follows:

(1) Five members from the private sector who have expertise in transportation, business, finance or law as follows: (A) The Governor shall appoint one member, who shall be the chairperson, and whose first term shall expire on June 30, 2005, (B) the president pro tempore of the Senate shall appoint one member whose first term shall expire on June 30, 2004, (C) the speaker of the House of Representatives shall appoint one member whose first term shall expire on June 30, 2003, (D) the minority leader of the Senate shall appoint one member whose first term shall expire on June 30, 2003, and (E) the minority leader of the House of Representatives shall appoint one member whose first term shall expire on June 30, 2002;

(2) One member from each TIA, for which position the chairpersons of the board of the local planning agencies in such TIA, after consulting with the participants in such TIA, shall nominate, for consideration by the appointing authority, three individuals who live in such TIA and who have significant experience in and knowledge of local, regional and state governmental processes, including at least one chief elected official in a town in such TIA, and who shall be appointed as follows: (A) The chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to transportation shall appoint one member from the southeast corridor TIA, whose first term shall expire on June 30, 2002, (B) the president pro tempore of the Senate shall appoint one member from the I-91 corridor TIA, whose first term shall expire on June 30, 2003, (C) the speaker of the House of Representatives shall appoint one member from the coastal corridor TIA, whose first term shall expire on June 30, 2004, (D) the majority leader of the Senate shall appoint one member from the I-395 corridor TIA, whose first term shall expire on June 30, 2005, and (E) the majority leader of the House of Representatives shall appoint one member from the I-84 corridor TIA, whose first term shall expire on June 30, 2005; and

(3) The Commissioners of Transportation, Environmental Protection, Economic and Community Development and Public Safety, and the Secretary of the Office of Policy and Management. [; and]

(b) Upon the expiration of the term of a member of the board who is appointed as provided in subdivision (1) or (2) of subsection (a) of this section, each subsequent appointee to the board shall serve for a term of four years. No person shall serve as a member of the board for more than two consecutive terms. A vacancy in the position of an appointed board member shall be filled by the appointing authority for the remainder of the term.

(c) The board may [create] establish such subcommittees as it deems appropriate and appoint the members of such subcommittees from among its members. Ten members of the board shall be present to constitute a quorum.

(d) The members of the board shall not be compensated for their service as members of the board.

(e) The board may issue guidelines for coordination and organization to the TIAs. These guidelines shall not constitute regulations, as defined in subdivision (13) of section 4-166.

(f) The [staff of the] Department of Transportation, the Office of Policy and Management and the Department of Economic and Community Development shall provide staff assistance to the board. Within available appropriations, the board may hire consultants with approval by the Secretary of the Office of Policy and Management and such consultants shall be procured through the Department of Transportation.

(g) The Transportation Strategy Board is a public agency, as defined in section 1-200, for purposes of the Freedom of Information Act, and is a quasi-public agency, as defined in section 1-79, for purposes of chapter 10.

Sec. 57. Subsection (i) of section 13b-59 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(i) "Treasurer" means the State Treasurer and includes each [and all of his successors] successor in office or authority.

Sec. 58. Section 13b-68 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

There is established [and created] a fund to be known as the "Special Transportation Fund". The fund may contain any moneys required or permitted by law to be deposited in the fund and any moneys recovered by the state for overpayments, improper payments or duplicate payments made by the state relating to any transportation infrastructure improvements which have been financed by special tax obligation bonds issued pursuant to sections 13b-74 to 13b-77, inclusive, and shall be held by the State Treasurer separate and apart from all other moneys, funds and accounts. Investment earnings credited to the assets of said fund shall become part of the assets of said fund. Any balance remaining in said fund at the end of any fiscal year shall be carried forward in said fund for the fiscal year next succeeding.

Sec. 59. Subsection (l) of section 13b-76 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(l) Any bonds issued under the provisions of sections 13b-74 to 13b-77, inclusive, and any general obligation bonds of the state issued for transportation purposes, as defined in subsection (c) of section 13b-69, and at any time outstanding may, at any time and from time to time, be refunded by the state by the issuance of its refunding bonds in such amounts as the State Bond Commission may deem necessary, but not to exceed an amount sufficient to refund the principal of the bonds to be so refunded, to pay any unpaid interest [thereon] on such bonds and any premiums and commissions necessary to be paid in connection [therewith] with such bonds and to pay costs and expenses which the Treasurer may deem necessary or advantageous in connection with the authorization, sale and issuance of refunding bonds. Any such refunding may be effected whether the bonds to be refunded shall have matured or shall thereafter mature. All refunding bonds issued [hereunder] under this subsection shall be payable solely from the revenues or other receipts, funds or moneys out of which the bonds to be refunded thereby are payable and shall be subject to and may be secured in accordance with the provisions of this section.

Sec. 60. Subsection (a) of section 13b-83 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) Upon the granting of a certificate of public convenience and necessity, the holder [thereof] of such certificate may apply for the registration of any motor bus of which [he] such holder is the owner or lessee and which is to be used as specified in such certificate. [, and the] The Commissioner of Motor Vehicles shall have jurisdiction over the registration of any motor bus, [and] its exterior lighting equipment and [over] the licensing of its operator.

Sec. 61. Subsection (d) of section 13b-89 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(d) Upon the granting of a permit, the holder [thereof] of such permit may apply for the registration of any motor bus of which [he] such holder is the owner or lessee and which is to be used as specified in such permit. [, and the] The Commissioner of Motor Vehicles shall have jurisdiction over the registration of any such motor bus, [and] its exterior lighting equipment and [over] the licensing of its operator.

Sec. 62. Section 13b-95 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

The term "taxicab" [means and] includes any motor vehicle operated upon any street or highway or on call or demand accepting or soliciting passengers indiscriminately for transportation for hire between such points along streets or highways as may be directed by the passenger or passengers [so] being transported, provided nothing in this chapter shall be construed to include, as a taxicab, a motor bus, as defined in section 14-1, or a motor vehicle in livery service when such motor vehicle is hired for a specific trip or trips and is subject to the direction of the person hiring the same.

Sec. 63. Section 13b-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

The term "motor vehicle in livery service" [means and] includes every motor vehicle used by any person, association, limited liability company or corporation which represents itself to be in the business of transporting passengers for hire, except (1) any motor bus and any taxicab operated under a certificate of public convenience and necessity issued by the Department of Transportation, (2) any school bus, as defined in section 14-275, or student transportation vehicle, as defined in section 14-212, when used for the transportation of children under the age of twenty-one years, and (3) any school bus, as defined in section 14-275, when used for the transportation of passengers (A) by virtue of a contract with any public or private institution of higher education, (B) pursuant to a contract for service to a special event held at a location or facility which is not open for business on a daily basis throughout the year, not to exceed a period of ten days, or (C) pursuant to a contract with a municipality for which the carrier provides school transportation service.

Sec. 64. Subsection (d) of section 13b-103 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(d) The owner or operator of each motor vehicle in livery service shall display [therein] in such vehicle such permit or a memorandum thereof.

Sec. 65. Section 13b-106 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

Upon the issuance of a permit as [hereinbefore] provided in section 13b-103, as amended by this act, or 13b-105, the holder [thereof] of such permit may apply to the Commissioner of Motor Vehicles for the registration of any motor vehicle of which [he] such holder is the owner or lessee, to be used as specified in such permit, any provision of section 14-12 to the contrary notwithstanding. [, and the] The Commissioner of Motor Vehicles shall have jurisdiction over such registration, [and] the exterior lighting equipment of such motor vehicle and [over] the licensing of its operator. An operator of a motor vehicle which has a capacity of less than ten adults shall conspicuously display the assigned livery registration while the motor vehicle is operating in livery service. Said commissioner may suspend such registration and the license of such operator for the violation of any provision of this chapter or any order or regulation prescribed or established under such provision, for such term as [he] the commissioner deems advisable.

Sec. 66. Subsection (a) of section 13b-108a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) The Commissioner of Transportation [is authorized to] may enter into reciprocal agreements or plans on behalf of the state of Connecticut with the appropriate authorities of any state of the United States, or any political subdivision thereof, or the District of Columbia, granting reciprocity to motor vehicles in livery services, as defined in section 13b-101, as amended by this act. Any such reciprocal agreement or plan may include, but not be limited to, the following: (1) Full reciprocity in accordance with such agreement or plan for livery services not based in Connecticut in exchange for equivalent reciprocity for Connecticut-based livery services; (2) reciprocal exchange of audits of records of the owners of livery services by the states participating in any such agreement or plan; (3) any other matters which would facilitate the administration of such agreement or plan, including exchange of information for audits, enforcement activities and collection and disbursement of proportional registration fees for other jurisdictions in the case of Connecticut-based livery services.

Sec. 67. Section 13b-234 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

When the facilities of a railroad are acquired, and operation [thereof] of such railroad is continued, by any person, trustee, receiver, railroad company, public authority or other authority constituting a body corporate and politic, the on-train employees of such railroad shall retain all of their employees' rights and benefits to which they were entitled prior to such acquisition. [On-train] For the purposes of this section, on-train employees [should be defined as] means trainmen, firemen [and] or engineers. [This] The provisions of this section [should] do not apply to the sale or lease of individual parcels of land such as stations or parking lots.

Sec. 68. Subsection (a) of section 13b-251 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The minimum overhead clearance for any structure crossing over railroad tracks for which construction is begun on or after October 1, 1986, shall be twenty feet, six inches, except that, (1) if the construction includes only deck replacement or minor widening of the structure, and the existing piers or abutments remain in place, the minimum overhead clearance shall be the structure's existing overhead clearance; (2) the minimum overhead clearance for any structure crossing any railroad tracks on which trains are operated that are attached to or powered by means of overhead electrical wires shall be twenty-two feet, six inches; (3) the minimum overhead clearance for the structure that carries (A) Route 372 over railroad tracks in New Britain, designated state project number 131-156, (B) U. S. Route 1 over railroad tracks in Fairfield, designated state project number 50-6H05, (C) Route 729 over railroad tracks in North Haven, designated state project number 100-149, (D) Grove Street over railroad tracks in Hartford, designated state project number 63-376, (E) Route 1 over railroad tracks in Milford, designated state project number 173-117, (F) Ingham Hill Road over railroad tracks in Old Saybrook, designated state project number 105-164, (G) Ellis Street over railroad tracks in New Britain, designated state project number 88-114, (H) Route 100 over the railroad tracks in East Haven, bridge number 01294, and (I) Church Street Extension over certain railroad storage tracks located in the New Haven Rail Yard, designated state project number 92-526, shall be eighteen feet; (4) the minimum overhead clearance for those structures carrying (A) Fair Street, bridge number 03870, (B) Crown Street, bridge number 03871, and (C) Chapel Street, bridge number 03872, over railroad tracks in New Haven shall be seventeen feet, six inches; (5) the minimum overhead clearance for the structure carrying State Street railroad station pedestrian bridge over railroad tracks in New Haven shall be nineteen feet, ten inches; (6) the overhead clearance for the structure carrying Woodland Street over the Griffins Industrial Line in Hartford, designated state project number 63-501, shall be fifteen feet, nine inches, with new foundations placed at depths which may accommodate an overhead clearance to a maximum of seventeen feet, eight inches; [and] (7) the Department of Transportation may replace the Hales Road Highway Bridge over railroad tracks in Westport, Bridge Number 03852, with a new bridge that provides a minimum overhead clearance over the railroad tracks that shall be eighteen feet, five inches; and (8) the Department of Transportation may replace the Pearl Street Highway Bridge over railroad tracks in Middletown, Bridge Number 04032, with a new bridge that provides a minimum overhead clearance over the railroad tracks that shall be seventeen feet, eleven inches.

Sec. 69. Subsection (c) of section 13b-251 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(c) Any proposed legislation which grants an exemption from the minimum overhead clearance requirements in subsection (a) of this section shall be accompanied by a written statement from the Department of Transportation which shall include the following information: (1) The impacts associated with raising the bridge to meet the clearance requirements; (2) the estimated cost of raising the bridge to meet the clearance requirements; and (3) an assessment, including the estimated cost, of the feasibility of increasing the clearance by undercutting at least one track of the railroad or by a combination of undercutting and raising the bridge to meet the clearance requirements.

Sec. 70. Section 13b-252 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

[Section 13b-251] The provisions of section 13b-251, as amended by this act, shall not apply to any structure for which construction is authorized by or begun pursuant to any special act.

Sec. 71. Section 13b-271 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

The Commissioner of Transportation, on the application in writing of the [the] selectmen of any town, the mayor and common council of any city or the warden and burgesses of any borough or on [his] the commissioner's own motion, may make all necessary orders concerning the establishment of a temporary grade crossing over the tracks of any railway during the period of construction of a permanent grade separation structure which will carry a highway over or under such tracks, provided the state, town, city or borough making such application shall bear the cost of any necessary signs, signals, gates, flagmen or other protective devices.

Sec. 72. Subsections (b) and (c) of section 13b-283 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(b) The Commissioner of Transportation may expend up to the amount available annually from funds provided by specific appropriation from the Special Transportation Fund or other state funds in addition to any available federal funds to reconstruct, repair or replace with a new structure, together with the minimum approach work required for replacement, any existing structure carrying a town-maintained road or highway over a railroad when such structure is deemed critical from a traffic safety or load-carrying standpoint. The expense of any roadway construction on the approaches beyond what is required to build the new structure shall be paid by the town, if the work is done by or approved by the town.

(c) The Commissioner of Transportation may expend up to the amount made available from funds provided by specific appropriations from the Special Transportation Fund or other state funds in addition to any available federal funds to eliminate highway-railroad grade crossings by construction of grade separation structures and necessary approaches or by relocation of town-maintained roads or highways to provide access to existing grade separation structures.

Sec. 73. Section 13b-285 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

When a railroad has been laid out, located or constructed so near a highway as, in the opinion of the selectmen of any town, the mayor of any city or the warden of any borough within which such highway is situated, to endanger public travel, such selectmen, mayor or warden may bring [his] a petition to the Commissioner of Transportation, setting forth the facts; and the commissioner, after reasonable notice to the railroad company to appear and be heard in relation thereto, shall, if [in his opinion] public safety so requires and a change of the location of such highway is practicable, [forthwith] immediately order such company to make such change, in such manner as the commissioner may determine. The expense of such change, including the cost of fencing such relocated highway, shall, if such railroad has not been constructed at the time of bringing such petition, be paid by the company, but, if the railroad has been constructed at such time, one-half of such expense shall be paid by the company and one-half by such town, city or borough.

Sec. 74. Section 13b-292 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) [A] For the purposes of this section, private crossing [is defined as] means any private way, private drive or any facility other than a public highway for the use of pedestrians, motor vehicles or other types of conveyances, which crosses at grade any railroad track. [On and after June 20, 1961, no] No private crossing shall be established, except that the Commissioner of Transportation may authorize the establishment of a private crossing if it is deemed necessary for the economic welfare of the community but only after imposing specific requirements for the protection of persons using the crossing. The cost of meeting such protection requirements shall be borne by the party requesting such private crossing or the town, city or borough in which such crossing is located may, in its discretion, assume all or part of such cost. [This] The provisions of this section shall not apply to a private crossing [to be] used by a railroad company in connection with its operation or for access to its facilities.

(b) Each town, city or borough shall erect and maintain traffic control devices within the limits of the railroad right-of-way at each private crossing, or each town, city or borough shall require the person, association or corporation that owns or has the right to use such crossing to erect and maintain such traffic control devices at each private crossing. Such order shall specify the time within which such protective measures shall be installed. Upon failure of a person, association or corporation to comply with an order issued pursuant to this subsection, the required installation shall be made by the authority issuing such order and the expense [thereof] of such installation shall be a lien on premises owned by such person, association or corporation. If under the provisions of subsection (d) of this section the Commissioner of Transportation and the State Traffic Commission order the erection of traffic control devices at a private crossing and the town, city or borough within which such crossing is located fails to erect or have erected such devices within one hundred [and] eighty days of such order, the Commissioner of Transportation and the State Traffic Commission shall order the railroad to erect such devices and the expense [thereof] of such erection shall be a lien on premises owned by the person, association or corporation that owns or has the right to use such crossing. If the Commissioner of Transportation and the State Traffic Commission prescribe traffic control measures in addition to traffic control devices, the town, city or borough shall invoke the provisions of this subsection for the purpose of complying with such order, and the cost [thereof] of such compliance, if one thousand dollars or less, shall be borne one-half by the town, city or borough and one-half by the property owner and, if over one thousand dollars, shall be borne one-sixth by the town, city or borough, one-sixth by the state, one-third by the property owner, and one-third by the railroad.

(c) The town, city or borough within which any private way leads to a private crossing from a town, city or borough highway, and the Commissioner of Transportation, in the case of any private way which leads to a private crossing from a state highway, shall erect and maintain at the entrance to such private way a suitable sign warning of the railroad grade crossing.

(d) The State Traffic Commission and the Commissioner of Transportation shall prescribe the nature of traffic control devices and traffic control measures to be erected at each private crossing and at approaches [thereto] to such private crossings.

(e) The Commissioner of Transportation shall make all necessary orders for the closing of any private crossing if [he] the commissioner finds that the necessity for such crossing has ceased or that such private crossing constitutes a hazard to public safety. The commissioner may order the consolidation into one crossing of two or more private crossings located in close proximity to each other.

(f) The provisions of section 13b-281 shall apply to private crossings.

(g) Representatives of towns, cities, boroughs, railroads and state agencies [are authorized to] may enter private ways, drives or other facilities to the extent required to perform their duties pursuant to this section.

(h) Any person who fails to comply with traffic control measures installed pursuant to this section shall be fined not more than one hundred dollars.

Sec. 75. Section 13b-300 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

The Commissioner of Transportation shall make a special investigation as to the condition of the fences on the line of any railroad, when so requested in writing, and, if [he] the commissioner deems it necessary, shall issue [his] an order directing the company operating such railroad to erect or repair such fences. Such order shall specify the place or places at which, the manner in which and the time within which the fences are to be erected or repaired and shall be served upon the company. Such service may be made by mailing a registered or certified letter addressed to the secretary of the company.

Sec. 76. Section 13b-302 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

When it is the duty of the owner of land adjoining any railroad to erect or maintain a fence between such land and such railroad and such owner has neglected to erect or maintain [the same] such fence and it has been erected or maintained by the railroad company in conformity to the order of the Commissioner of Transportation, such company may collect the cost of erecting and maintaining such fence from such owner. Such cost shall be a lien in favor of such company on such land, and such lien shall take precedence [of] over any other lien or encumbrance on such land and may be foreclosed in the same manner as a mortgage lien, but shall not continue in force unless such company, within sixty days after the completion of such fence, [lodges] files a certificate with the town clerk of the town in which such land is situated, describing such land and specifying the amount claimed as a lien [thereon] on such land and the dates of the commencement and completion of such fence, which certificate shall be recorded by such clerk on the land records of such town.

Sec. 77. Section 13b-312 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

Any person, firm or corporation owning a railroad station in use as such in this state shall comply with all structural guidelines and standards for railroad stations, established by the [state] Department of Transportation, concerned with, but not limited to, the health, safety and security of all individuals using such stations.

Sec. 78. Section 13b-337 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) Each person, firm or corporation operating or controlling any railroad running through or within this state shall equip each of its track motor cars with [(a)] (1) a windshield and a device for cleaning rain, snow and other moisture from such windshield, which device shall be maintained in good order and so constructed as to be controlled or operated by the operator of such track motor car, and [(b)] (2) a canopy or top of such construction as to adequately protect the occupants thereof from the rays of the sun, rain, snow or other inclement weather.

(b) Any person, firm or corporation operating or controlling any railroad running through or within this state using or permitting to be used on its lines in this state a track motor car in violation of the provisions of subsection (a) of this section shall be fined one hundred dollars for each violation.

Sec. 79. Subsection (c) of section 13b-354a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(c) The Department of Transportation shall adopt regulations, in accordance with chapter 54, to carry out the provisions of this section.

Sec. 80. Subsection (c) of section 14-262 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) The maximum length of a single unit vehicle shall be forty-five feet and the maximum length of the semitrailer portion of a tractor-trailer unit shall be forty-eight feet. A trailer greater than forty-eight feet and less than or equal to fifty-three feet in length, that has a distance of no more than forty-three feet between the kingpin and the center of the rearmost axle with wheels in contact with the road surface, may be operated on (1) unless posted otherwise, United States and Connecticut routes numbered from 1 to 399, inclusive, 450, 476, 508, 693 and 695 and the national system of interstate and defense highways, and (2) state and local roads for up to one mile from the routes and system specified in subdivision (1) of this subsection for access to terminals, facilities for food, fuel, repair and rest, and points of loading and unloading. The Commissioner of Transportation shall permit additional routes upon application of carriers or shippers provided the proposed additional routes meet the permit criteria of the Department of Transportation. Such length limitation shall be exclusive of safety and energy conservation devices, such as refrigeration units, air compressors or air shields and other devices, which the Secretary of the federal Department of Transportation may interpret as necessary for the safe and efficient operation of such vehicles, provided no such device has by its design or use the capability to carry cargo.

Sec. 81. Section 21-52 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2003):

(a) The fee for an application for a permit to erect or maintain any outdoor advertising structure, device or display shall be as follows: For each panel, bulletin, or sign containing less than three hundred square feet of advertising space, [twenty-five] fifty dollars; and for each panel, bulletin or sign containing three hundred square feet or more of advertising space, [fifty] one hundred dollars.

(b) The annual fee for such permit shall be as follows: For each panel, bulletin or sign containing three hundred square feet or less of advertising space, [ten] twenty dollars; for each panel, bulletin or sign containing more than three hundred and not more than six hundred square feet of advertising space, [twenty] forty dollars; and for each panel, bulletin or sign containing more than six hundred square feet and not more than nine hundred square feet of advertising space, [thirty] sixty dollars. No sign shall be erected which contains more than nine hundred square feet of advertising space. A fee shall be paid for each side of each panel, bulletin or sign used for advertising, provided, if two panels, bulletins or signs advertising the same products or services are attached to the same support or supports, only one annual permit fee shall be paid for each side thereof and the total advertising space on each side thereof shall be used for computing the annual permit fee of each panel, bulletin or sign. The annual permit fee for any part of a year shall bear the same proportion to the annual permit fee for an entire year that the number of months in such part bears to the entire year.

Sec. 82. Section 47-34a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Any person who knowingly injures, destroys, disturbs or removes any marker properly placed on any tract of land or street or highway line by a surveyor, or by any person at the direction of a surveyor, for the purpose of designating any point, course or line in the boundary of such tract of land, street or highway, shall be fined not less than [one hundred fifty] five hundred dollars nor more than [five hundred] one thousand dollars.

(b) Notwithstanding the provisions of subsection (a) of this section, a surveyor licensed under chapter 391, or a person acting at the direction of any such licensed surveyor, may remove an existing marker in order to place an upgraded marker in the same location.

(c) Any person who knowingly injures, destroys, disturbs or removes any monument that has been established by the National Geodetic Survey or Connecticut Geodetic Survey for use in the determination of spatial location relative to the Connecticut coordinate systems specified in section 13a-255, as amended by this act, or precise elevation datum shall be fined not less than two thousand dollars nor more than five thousand dollars.

Sec. 83. (Effective from passage) Bridge number 1392 located on Route 156 in the town of Old Lyme overpassing the Lieutenant River shall be designated the "John A. Fox Memorial Bridge".

Sec. 84. (Effective from passage) Bridge number 3485 located in the town of West Hartford on Interstate 84 overpassing Woodruff Road shall be designated the "Patrick L. Brooks Memorial Bridge".

Sec. 85. (Effective from passage) Route 5 in the town of North Haven from the Hamden/North Haven town line northerly to SR 720 shall be designated the "Korean War Veterans Chapter 204 Memorial Highway".

Sec. 86. (Effective from passage) Route 5 in the town of North Haven from SR 720 northerly to Route 22 shall be designated the "VFW Post 10128 Memorial Highway".

Sec. 87. (Effective from passage) Route 190 from the Suffield/Enfield town line easterly to Elm Street shall be designated the "Sergeant Elijah Churchill Memorial Highway".

Sec. 88. (Effective from passage) Route 108 in the town of Trumbull from the Stratford/Trumbull town line northerly to SR 711 shall be designated the "Trooper Ernest Morse Memorial Highway".

Sec. 89. (Effective from passage) Route 173 in the town of West Hartford from SR 529 northerly to the junction for Route 4 shall be designated the "Trooper Carl P. Moller Memorial Highway".

Sec. 90. Section 13b-103 of the general statutes is amended by adding subsection (e) as follows (Effective October 1, 2003):

(NEW) (e) Any person, other than an operator who has received a permit, who holds him or herself out to be a motor vehicle in livery service with the intent to obtain a benefit or to injure or defraud another shall be guilty of a class B misdemeanor.

Sec. 91. (Effective from passage) Section 13b-37 of the general statutes and section 22 of public act 01-105 are repealed.

Approved June 18, 2003