Connecticut Seal

Substitute House Bill No. 5031

Public Act No. 04-143

AN ACT REVISING CERTAIN LAWS OF THE DEPARTMENT OF TRANSPORTATION.

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

Section 1. Subsection (h) of section 13a-73 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(h) All sales or exchanges of surplus property by the Department of Transportation and matters dealing with the initial acquisition of any existing mass transit system or the purchase or sale of properties acquired in connection with any state highway system or mass transit system shall be subject to review and approval of the State Properties Review Board except that those acquisitions and administrative settlements relating to such properties which involve sums not in excess of [one] five thousand dollars shall be reported to the board by the Commissioner of Transportation but shall not be subject to such review and approval. The Commissioner of Public Works shall be informed for inventory purposes of any transfer effectuated in connection with this section. The State Properties Review Board shall not grant such approval if the Department of Transportation has failed to comply with any applicable statutes in connection with the proposed action.

Sec. 2. Section 4 of public act 03-115 is repealed and the following is substituted in lieu thereof (Effective from passage):

Bridge number 007773, commonly known as the West Rock Tunnel in New Haven shall be designated the ["Hero's] "Heroes Tunnel".

Sec. 3. Section 7 of public act 03-115 is repealed and the following is substituted in lieu thereof (Effective from passage):

A segment of Route 349 in Groton shall be [redesignated] designated as the "William J. Snyder, Sr. Memorial Highway".

Sec. 4. Section 84 of public act 03-115 is repealed and the following is substituted in lieu thereof (Effective from passage):

Bridge number [3485] 1743A located in the town of West Hartford on Interstate 84 overpassing [Woodruff Road] SR 535 shall be designated the "Patrick L. Brooks Memorial Bridge".

Sec. 5. Section 89 of public act 03-115 is repealed and the following is substituted in lieu thereof (Effective from passage):

Route 173 in the town of West Hartford from SR 529 northerly to the junction [for Route 4] of Route 71 in the Town of West Hartford shall be designated the "Trooper Carl P. Moller Memorial Highway".

Sec. 6. Section 13b-200 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Commissioner of Transportation shall, at the commissioner's discretion, examine the several railroads in the state [once in each year, and more often] when he deems that public safety so requires, and shall make a like examination of any railroad within the limits of any town, when so requested in writing by the selectmen of such town or by the authorities having control and supervision of the streets and highways within the town, and shall see that such railroads are kept in suitable repair and that the companies operating them faithfully comply with all provisions of law. The employees of the Department of Transportation shall have the right to pass free of charge, in the performance of their duties, on all railroads in the state.

(b) The commissioner or his employees may enter [, at times of emergency,] any building, car or other premises owned or controlled by any railroad company. Any person interfering with an employee of the Department of Transportation in the performance of his duties shall be fined not more than two hundred dollars or imprisoned not more than six months or both.

Sec. 7. Subsection (a) of section 13a-252 of the general statutes, as amended by section 40 of public act 03-3 of the June 30 special session, section 210 of public act 03-6 of the June 30 special session and section 8 of public act 03-1 of the September 8 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The ferries crossing the Connecticut River, known as the Rocky Hill ferry and the Chester and Hadlyme ferry, shall be maintained and operated by the Commissioner of Transportation at the expense of the state. The rates of toll or the charges to be made for travel upon said ferries shall be fixed by the commissioner with the approval of the Secretary of the Office of Policy and Management. [, except that, after August 20, 2003, the rate of toll or charge shall be (1) for a motor vehicle and operator five dollars, (2) for each additional passenger one dollar and seventy-five cents, and (3) for each walk-on and bicycle one dollar and seventy-five cents. ] The commissioner may establish a discounted commuter rate for travel upon said ferries.

Sec. 8. Subsection (a) of section 14-262 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) The following vehicles shall not be operated upon any highway or bridge without a special written permit from the Commissioner of Transportation, as provided in section 14-270, as amended by this act, specifying the conditions under which they may be so operated:

(1) A vehicle, combination of vehicle and trailer or commercial vehicle combination, including each such vehicle's load, which is wider than one hundred two inches or its approximate metric equivalent of two and six-tenths meters or one hundred two and thirty-six-hundredths inches, including its load, but not including the following safety devices: Reasonably sized rear view mirrors, turn signals, steps and handholds for entry and egress, spray and splash suppressant devices, load-induced tire bulge and any other state-approved safety device which the Commissioner of Transportation determines is necessary for the safe and efficient operation of such a vehicle or combination, provided no such state-approved safety device protrudes more than three inches from each side of the vehicle or provided no such device has by its design or use the capability to carry cargo. Such permit shall not be required in the case of (A) farm equipment, (B) a vehicle or combination of vehicle and trailer loaded with hay or straw, (C) a school bus equipped with a folding stop sign or exterior mirror, as approved by the Commissioner of Motor Vehicles, which results in a combined width of bus and sign or bus and mirror in excess of that established by this subsection, or (D) a trailer designed and used exclusively for transporting boats when the gross weight of such boats does not exceed four thousand pounds; and

(2) A combination of truck and trailer which is longer than [sixty] sixty-five feet except (A) a combination of truck and trailer or tractor and semitrailer loaded with utility poles, both trailer and semitrailer having a maximum length of forty-eight feet, utility poles having a maximum length of fifty feet and the overall length not to exceed eighty feet, (B) a trailer designed and used exclusively for transporting boats when the gross weight of such boats does not exceed four thousand pounds, (C) a tractor-trailer unit, (D) a commercial vehicle combination, (E) combinations of vehicles considered as specialized equipment in [the Code of Federal Regulations, Title 23, Part 658. 13(d)] 23 CFR 658.13(e), as amended, or (F) a tractor equipped with a dromedary box operated in combination with a semitrailer which tractor and semitrailer do not exceed seventy-five feet in overall length.

Sec. 9. Subsection (d) of section 14-270 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(d) (1) The owner or lessee of any vehicle may pay either a fee of twenty-three dollars for each permit issued for such vehicle under this section or a fee as described in subdivision (3) for such vehicle, payable to the Department of Transportation. (2) An additional transmittal fee of three dollars shall be charged for each permit issued under this section and transmitted via transceiver or facsimile equipment. (3) The commissioner may issue an annual permit for any vehicle transporting (A) a divisible load, (B) an overweight or oversized-overweight indivisible load, or (C) an oversize indivisible load. The owner or lessee shall pay an annual fee of seven dollars per thousand pounds or fraction thereof for each such vehicle. A permit may be issued in any increment up to one year, provided the owner or lessee shall pay a fee of one-tenth of the annual fee for such vehicle for each month or fraction thereof. (4) The annual permit fee for any vehicle transporting an oversize indivisible load shall not be less than five hundred dollars. (5) The commissioner may issue permits for divisible loads in the aggregate not exceeding fifty-three feet in length.

Sec. 10. Section 13a-57 of the general statutes, as amended by section 27 of public act 03-115, is repealed and the following is substituted in lieu thereof (Effective from passage):

The commissioner 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 [,] and 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. 11. Section 13b-55 of the general statutes, as amended by section 55 of public act 03-115, is repealed and the following is substituted in lieu thereof (Effective from passage):

The commissioner may sell and convey any land, right in land, riparian right or other property or right in property, of whatever kind, that the commissioner may acquire pursuant to section 13b-53, which is in excess of the quantity required for the purpose for which it was acquired, and [to] may 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. 12. Subdivision (4) of section 13b-57d of the general statutes, as amended by section 1 of public act 03-4 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(4) "Strategy" means the transportation projects and supporting documentation contained in the report dated January, 2003, submitted by the board in accordance with subdivision (3) of subsection (k) of section 13b-57g, as amended, and any updates or revisions to such transportation projects.

Sec. 13. Subsection (b) of section 3 of public act 03-4 of the June 30 special session is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The following TSB projects shall be completed:

(1) In the Coastal Corridor TIA, as defined in section 13b-57d, as amended:

(A) Acquire rolling rail stock, as deemed appropriate by the board, sufficient to add no fewer than two thousand seats for the Metro North-New Haven Line for use in both interstate and intrastate service. All payments received by the state pursuant to any agreement entered into in accordance with subsection (h) of section 13b-34 involving rolling rail stock used on the Metro North-New Haven Line shall be used exclusively for refurbishing rolling rail stock on and other capital improvements to the Metro North-New Haven Line;

(B) Construct or expand stations at Bridgeport, New Haven and Stamford that can accommodate rail service and one or more other modes of transportation and have:

(i) Facilities for one thousand or more parking spaces;

(ii) Connections to bus and other transit systems;

(iii) Opportunity for community revitalization;

(iv) Opportunity for transit oriented development;

(v) Ease of auto, bus, bicycle and pedestrian access to the station facility;

(vi) Potential to attract sufficient riders to support additional express trains;

(vii) Operation under control of the state; and

(viii) Feeder bus services for passenger rail service;

(C) Facilitate use of the Long Island Sound Waterway for passenger and freight movement, including, but not limited to, bulkheading and dredging, upon removal of prohibitions imposed by federal law, expanding passenger facilities, including facilities at the Bridgeport Intermodal Facility, to support high speed ferry service; and

(2) In the I-84 Corridor TIA, as defined in section 13b-57d, as amended:

(A) Establish express bus services from New Haven to Bradley International Airport;

(B) Complete the New Britain to Hartford busway and establish other bus rapid transit or light rail service in Hartford and surrounding towns; and

(C) Expand rail passenger service on the Norwalk to Danbury-New Milford Branch Line to assist commuter movement on Route 7 and I-95; [. ] and

(3) In the I-91 Corridor TIA, as defined in section 13b-57d, as amended:

(A) Upgrade or construct maintenance facilities and parking facilities and upgrade feeder bus services for passenger rail service, particularly along the Metro North-New Haven Line; and

(B) Establish bus service or commuter rail service, as determined in the Hartford-Springfield-New Haven Implementation Study conducted by the department, that runs through New Haven, Hartford and Springfield, with a connection to Bradley International Airport; [. ] and

(4) In the I-395 Corridor TIA, as defined in section 13b-57d, as amended:

(A) Establish rail freight service with connections to the port of New London;

(B) Expand the frequency of bus service, number of runs and connections within and outside of the region, particularly in and to Norwich and New London and acquire buses sufficient to add no fewer than two hundred seats; and

(C) Design and plan for traffic mitigation in southeastern Connecticut, including planning for the extension of Route 11 from its terminus in Salem to the I-95 and I-395 intersect, with appropriate greenway purchases made in accordance with section 13a-142e; [. ] and

(5) In the Southeast Corridor TIA, as defined in section 13b-57d, as amended:

(A) Acquire rolling rail stock for the Shoreline East Railroad Line sufficient to add no fewer than one thousand seats;

(B) Make operational improvements to highways that improve the flow of traffic on I-95 and I-395; and

(6) State-wide:

(A) Improve and target marketing by the department of the Deduct-a-Ride program to all eligible employers; and

(B) Continue funding the Jobs Access Program.

Sec. 14. Section 15 of public act 03-4 of the June 30 special session is repealed and the following is substituted in lieu thereof (Effective from passage):

There [is] are hereby authorized bonds and bond anticipation notes to be issued under and in accordance with the provisions of sections 13b-74 to 13b-77, inclusive, as amended, for the purposes of funding of the projects and purposes described in section 3 of [this act] public act 03-4 of the June 30 special session, as amended by this act, as those projects and purposes may be modified, including, but not limited to, the costs of issuance and required reserves which authorizations shall not exceed the following aggregate amounts:

 

Authorized Funding Amounts

 

Fiscal Year

Amount

 

    2004

$ 32,423,000

 

    2005

$ 35,125,000

 

    2006

$ 32,526,000

 

    2007

$ 26,528,000

 

    2008

$ 25,530,000

 

    2009

$ 25,532,000

 

    2010

$ 23,533,000

 

    2011

$ 22,535,000

 

    2012

$ 21,537,000

 

    2013

$ 20,538,000

 

    Total

$ 264,807,000

Such projects and purposes shall be funded by the use of any federal revenue, grants or other transportation related financial assistance which may be available, the issuance of special tax obligation bonds, as more particularly described in sections 13b-74 to 13b-77, inclusive, as amended, and, where appropriate, cash from incremental revenues. Not more than one million dollars of such amounts may be made available to fund the operations of the Transportation Strategy Board for fiscal years ending June 30, 2004, and June 30, 2005.

Sec. 15. Subdivision (6) of subsection (b) of section 13b-74 of the general statutes, as amended by section 18 of public act 03-4 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(6) Planning, acquisition, removal, construction, equipping, reconstruction, repair, rehabilitation and improvement of, and acquisition of easements and rights-of-way with respect to, projects and purposes included in section 3 of [this act] public act 03-4 of the June 30 special session, as amended by this act, which have been approved for financing with special tax obligation bonds or notes as provided in the annual financing plan of [such board] the Transportation Strategy Board, as described in section 17 of [this act] public act 03-4 of the June 30 special session, as well as related financing costs, including, without limitation, costs of issuance and required reserves.

Sec. 16. Subsection (e) of section 13b-103 of the general statutes, as amended by section 90 of public act 03-115, is repealed and the following is substituted in lieu thereof (Effective from passage):

(e) Any person [, other than an operator who has received a permit,] who holds him or herself out to be the operator of a motor vehicle in livery service who has not received a permit under this section or with the intent to [obtain a benefit or to] injure or defraud another shall be guilty of a class B misdemeanor.

Sec. 17. Subparagraph (A) of subdivision (2) of subsection (f) of section 14-10 of the general statutes, as amended by section 7 of public act 03-265, is repealed and the following is substituted in lieu thereof (Effective from passage):

(A) In connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers and removal of nonowner records from the original owner records of motor vehicle manufacturers to implement the provisions of the federal Automobile Information Disclosure Act, 15 USC 1231 et seq. , the Clean Air Act, 42 USC 7401 et seq. , and 49 USC Chapters 301, 305 and 321 to 331, inclusive, as amended from time to time, and any provision of the general statutes enacted to attain compliance with said federal [acts] provisions.

Sec. 18. Subsection (g) of section 14-16c of the general statutes, as amended by section 8 of public act 03-265, is repealed and the following is substituted in lieu thereof (Effective from passage):

(g) The Commissioner of Motor Vehicles shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

Sec. 19. Section 14-40a of the general statutes, as amended by section 4 of public act 03-171, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) No person shall operate a motorcycle on any public highway of this state until such person has obtained a motor vehicle operator's license with a motorcycle endorsement from the commissioner.

(b) A person who is sixteen years of age or older and who has not had such a license suspended or revoked may apply to the commissioner for a training permit. The commissioner may issue a training permit, containing such limitation as [he] said commissioner deems advisable, to an applicant after the applicant has passed all parts of the examination, other than the driving test, for a motor vehicle operator's license with a motorcycle endorsement as required by subsection [(e)] (c) of this section. The training permit shall entitle the applicant, while [he has the permit in his] said applicant is in immediate possession of said permit, to drive a motorcycle on the public highways, other than multiple lane limited access highways, for a period of sixty days. A training permit may be renewed, or a new permit issued, for an additional period of sixty days. On and after January 1, 1990, each applicant issued a training permit shall, while operating a motorcycle, wear protective headgear of a type which conforms to the minimum specifications established by regulations adopted under subsection (b) of section 14-289g.

[(b)] (c) Before granting a motorcycle endorsement to any applicant who has not held such an endorsement at any time within the preceding two years, the commissioner shall require the applicant to demonstrate personally to the commissioner, a deputy or a motor vehicle inspector or an agent of the commissioner, in such manner as the commissioner directs, that the applicant is a proper person to operate a motorcycle, has sufficient knowledge of the mechanism of a motorcycle to ensure its safe operation by such applicant, and has satisfactory knowledge of the law concerning motorcycles and other motor vehicles [,] and the rules of the road. On and after January 1, 1990, an applicant under the age of eighteen shall also demonstrate that such applicant has successfully completed a novice motorcycle training course offered by the Department of Transportation or approved by the Commissioner of Motor Vehicles. If an applicant has had a license or held such an endorsement from a state where a similar examination or course is required, the commissioner may waive part or all of any such requirement. When the commissioner is satisfied as to the ability and competency of the applicant, the commissioner may issue an endorsement to such applicant, either unlimited or containing such limitations as the commissioner deems advisable. If an applicant or motorcycle endorsement holder has any health problem which might affect such person's ability to operate a motorcycle safely, the commissioner may require the applicant or endorsement holder to demonstrate personally that, notwithstanding the problem, such person is a proper person to operate a motorcycle, and the commissioner may further require a certificate of the applicant's condition, signed by a medical authority designated by the commissioner, which certificate shall, in all cases, be treated as confidential by the commissioner. An endorsement, containing such limitation as the commissioner deems advisable may be issued or renewed in any case, but nothing in this section shall be construed to prevent the commissioner from refusing an endorsement, either limited or unlimited, to any person or suspending an endorsement of a person whom the commissioner deems incapable of safely operating a motorcycle.

[(c)] (d) No person shall operate a motorcycle in any manner in violation of the limitations imposed in a limited endorsement issued to such person.

[(d)] (e) Any person who violates any provision of subsection (a), (b) or [(c)] (d) of this section shall, for a first offense, be deemed to have committed an infraction and be fined not less than thirty-five dollars nor more than fifty dollars and, for any subsequent offense, shall be fined not more than one hundred dollars or imprisoned not more than thirty days, or both.

Sec. 20. Subsection (v) of section 14-49 of the general statutes, as amended by section 21 of public act 03-4 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(v) There shall be charged for each motor vehicle learner's permit or renewal thereof a fee of eighteen dollars. There shall be charged for each motorcycle [learner's] training permit or renewal thereof a fee of fifteen dollars.

Sec. 21. Section 14-69 of the general statutes, as amended by section 10 of public act 03-265, is repealed and the following is substituted in lieu thereof (Effective from passage):

No person shall engage in the business of conducting a drivers' school without being licensed therefor by the commissioner. Application therefor shall be in writing and shall contain such information as the commissioner requires. Each applicant shall be fingerprinted before such application is approved. If the application is approved, the applicant shall be granted a license upon the payment of a fee of [one hundred] three hundred fifty dollars and a deposit with the commissioner of cash or a bond of a surety company authorized to do business in this state, conditioned on the faithful performance by the applicant of any contract to furnish instruction, in either case in such amount as the commissioner may require, such cash or bond to be held by the commissioner to satisfy any execution issued against such school in a cause arising out of failure of such school to perform such contract. [The license fee shall be three hundred fifty dollars. ] For each additional place of business of such school, the commissioner shall charge a fee of eighty-eight dollars. No license shall be required in the case of any board of education, or any public, private or parochial school, which conducts a course in driver education established in accordance with sections 14-36e and 14-36f. A license so issued shall be valid during the calendar year. The annual fee for renewal shall be the same amount and the same deposit of security shall be required. The commissioner shall issue a license certificate or certificates to each licensee, one of which shall be displayed in each place of business of the licensee. In case of the loss, mutilation or destruction of a certificate, the commissioner shall issue a duplicate upon proof of the facts and the payment of a fee of [two dollars. Such fee shall be] seven dollars.

Sec. 22. (NEW) (Effective July 1, 2004) (a) There shall be in the Department of Transportation a Connecticut Maritime Commission which shall consist of fifteen members, as follows: (1) The Commissioners of Transportation, Economic and Community Development and Environmental Protection, the Secretary of the Office of Policy and Management and the chairman of the Transportation Strategy Board, established pursuant to section 13b-57e of the general statutes, as amended, or their respective designees; (2) four members appointed by the Governor; and (3) one member each appointed by the president pro tempore of the Senate, the speaker of the House of Representatives, the majority leader of the Senate, the minority leader of the Senate, the majority leader of the House of Representatives and the minority leader of the House of Representatives. All appointed members shall serve for terms coterminous with their appointing authority and until their successor is appointed and has qualified. Vacancies on said commission shall be filled for the remainder of the term in the same manner as original appointments.

(b) Appointed members of the commission shall be qualified by experience or training and shall include members of the public and (1) a representative of business and industry that is a regular user of Connecticut port freight services; (2) a member or employee of a local port authority; (3) a Connecticut port operator; (4) an operator of a marine passenger service; (5) an elected or appointed official from a coastal community; (6) a user or provider of recreational maritime services; and (7) a working member of a port labor union.

(c) The chairman shall be selected by the Governor from among the appointed members of the commission. The members shall annually elect one of their numbers as secretary. The commission may elect such other officers as it deems proper. Members shall receive no compensation for the performance of their duties, but shall be reimbursed for necessary expenses incurred in the performance thereof.

(d) The commission shall (1) advise the Commissioner of Transportation, the Governor and the General Assembly concerning the state's maritime policy and operations; (2) develop and recommend to the Governor and the General Assembly a maritime policy for the state; (3) support the development of Connecticut's maritime commerce and industries, including its deep water ports; (4) recommend investments and actions, including dredging, required in order to preserve and enhanced maritime commerce and industries; (5) conduct studies and present recommendations concerning maritime issues; (6) support the development of Connecticut's ports, including; identifying new opportunities for the ports, analyzing the potential for and encouraging private investment in the ports and recommending policies which support port operations.

(e) At least once each year, the commission shall hold a public hearing for the purpose of evaluating the adequacy of the state's maritime policy, facilities and support for maritime commerce and industry.

(f) On or before January first, annually, the commission shall submit, in writing, to the Commissioner of Transportation, the Governor and the Transportation Strategy Board (1) a list of projects which, if undertaken by the state, would support the state's maritime policy and encourage maritime commerce and industry; (2) recommendations for improvements to existing maritime policies, programs and facilities; and (3) such other recommendations as it considers appropriate. Copies of the report shall be submitted to the General Assembly pursuant to section 11-4a of the general statutes.

(g) The commission may, upon its own motion, undertake any studies it deems necessary for the improvement of a balanced public transportation system within the state, including the improvement of such system for elderly and disabled users. The commission shall have other powers and shall perform such other duties as the Commissioner of Transportation, the Governor and the General Assembly may delegate to it.

(h) The staff of the Department of Transportation shall be available to assist the commission.

(i) No member of the commission who is otherwise a public officer or employee shall suffer a forfeiture of his or her office or employment, or any loss or diminution in the rights and privileges pertaining thereto, by reason of such membership.

(j) A quorum of the commission for the purpose of transacting business shall exist only when there is present, in person, a majority of its voting membership. The affirmative vote of a majority of the quorum shall be required for the adoption of a resolution or vote of the commission.

(k) The commission shall have access through the Department of Transportation to all records, reports, plans, schedules, operating rules and other documents pertaining to ports and navigable waterways of Connecticut. This subsection shall not apply to any plans, proposals, reports and other documents pertaining to current or pending negotiations with employee bargaining units.

(l) The Connecticut Maritime Commission shall be a successor agency to the Connecticut Port Authority in accordance with the provisions of sections 4-38d and 4-39 of the general statutes.

(m) The Legislative Commissioners' Office shall, in codifying the provisions of this section, make technical, grammatical and punctuation changes as necessary to carry out the purposes of this section.

Sec. 23. Subsection (l) of section 1-79 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(l) "Quasi-public agency" means the Connecticut Development Authority, Connecticut Innovations, Incorporated, Connecticut Health and Education Facilities Authority, Connecticut Higher Education Supplemental Loan Authority, Connecticut Housing Finance Authority, Connecticut Housing Authority, Connecticut Resources Recovery Authority, Connecticut Hazardous Waste Management Service, Lower Fairfield County Convention Center Authority [,] and Capital City Economic Development Authority. [and Connecticut Port Authority. ]

Sec. 24. Subdivision (1) of section 1-120 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(1) "Quasi-public agency" means the Connecticut Development Authority, Connecticut Innovations, Incorporated, Connecticut Health and Educational Facilities Authority, Connecticut Higher Education Supplemental Loan Authority, Connecticut Housing Finance Authority, Connecticut Housing Authority, Connecticut Resources Recovery Authority, Connecticut Hazardous Waste Management Service, [Connecticut Port Authority,] Capital City Economic Development Authority and Connecticut Lottery Corporation.

Sec. 25. Section 1-125 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

The directors, officers and employees of the Connecticut Development Authority, Connecticut Innovations, Incorporated, Connecticut Higher Education Supplemental Loan Authority, Connecticut Housing Finance Authority, Connecticut Housing Authority, Connecticut Resources Recovery Authority, Connecticut Health and Educational Facilities Authority, Capital City Economic Development Authority [,] and Connecticut Lottery Corporation [and Connecticut Port Authority] and any person executing the bonds or notes of the agency shall not be liable personally on such bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof, nor shall any director or employee of the agency be personally liable for damage or injury, not wanton, reckless, wilful or malicious, caused in the performance of his or her duties and within the scope of his or her employment or appointment as such director, officer or employee. The agency shall protect, save harmless and indemnify its directors, officers or employees from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged negligence or alleged deprivation of any person's civil rights or any other act or omission resulting in damage or injury, if the director, officer or employee is found to have been acting in the discharge of his or her duties or within the scope of his or her employment and such act or omission is found not to have been wanton, reckless, wilful or malicious.

Sec. 26. (NEW) (Effective July 1, 2004) There shall be, within the Department of Transportation, a State Maritime Office which shall: (1) Be responsible for maritime operations, including the State Pier in New London, the Connecticut River ferries and such other operational responsibilities as shall be assigned to it; (2) serve as the Governor's principal maritime policy advisor; (3) serve as the liaison between the state and federal, local and private entities involved in maritime policy activities; (4) coordinate the state's maritime policy activities; (5) encourage year-round use of water-related industries; (6) work with the Department of Economic and Community Development and other state, local and private entities to maximize the economic potential of Connecticut's ports and other maritime resources; (7) conduct necessary research and planning activities; (8) assess potential state investments in ports and other maritime facilities; (9) provide staff support to the Connecticut Maritime Commission, created in section 23 of this act; and (10) undertake such other responsibilities as may be assigned to it by the commissioner or the Governor.

Sec. 27. (Effective from passage) (a) The Commissioner of Transportation shall, in consultation with the Commissioner of Public Safety and the Chief Information Officer of the Department of Information Technology, develop a plan for individuals to receive notification of significant highway or railway incidents. The Commissioner of Transportation shall develop such plan to include, but not be limited to, the following: Such plan shall be (1) instituted on a state-wide basis; (2) generally available to individuals with access to electronic mail; (3) available at no cost to individuals or users; and (4) in addition to any regional program or agreement, either public or private, to track and inform individuals about significant highway or railway incidents.

(b) On or before December 1, 2004, the Commissioner of Transportation shall report to the joint standing committees of the General Assembly having cognizance of matters relating to transportation and public safety its findings and recommendations, including proposals for legislative and regulatory changes.

Sec. 28. Subsection (a) of section 3 of public act 03-4 of the June 30 special session is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The General Assembly approves the principles set forth in section I of the report specified in subdivision (4) of subsection (a) of section 13b-57d, as amended, provided no funds from the Transportation Strategy Board projects account, established under section 13b-57r, shall be authorized for any transportation project except those specified in subsection (b) of this section, provided nothing in this subsection shall preclude any TSB project from being funded, in whole or in part, by other state or federal funds. Funds authorized for any TSB project shall be used only for said project. TSB projects shall be funded from funds authorized for the Transportation Strategy Board only to the extent [such projects are not funded from the Infrastructure Improvement Fund] such funding is not provided from other funds in the Special Transportation Fund or the Infrastructure Improvement Fund created by the senior indenture for special tax obligation bonds.

Sec. 29. Subdivision (16) of subsection (b) of section 13b-61 of the general statutes, as amended by section 20 of public act 03-4 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(16) On and after July 1, 2003, [and up to and including June 30, 2036,] all moneys received or collected by the state or any officer thereof on account of, or derived from, the incremental revenues generated pursuant to sections 1-1h, as amended, 14-35, as amended, 14-44i, as amended, 14-47, as amended, 14-48b, as amended, 14-49, as amended, 14-50, as amended, 14-66, as amended, 14-67, as amended, and 14-381, as amended, and revenues specified in sections 113 and 114 of public act 03-1 of the June 30 special session, as amended by this act, shall be deposited into the Transportation Strategy Board projects account, established under section 113 of public act 03-1 of the June 30 special session, of the [Infrastructure Improvement] Special Transportation Fund and shall be used to support the funding of the projects and purposes described in section 3 of [this act] public act 03-4 of the June 30 special session, as amended by this act.

Sec. 30. Subsection (a) of section 13b-69 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Treasurer shall apply the resources in the Special Transportation Fund, upon their receipt, first, to pay or provide for the payment of debt service requirements, as defined in section 13b-75, at such time or times, in such amount or amounts and in such manner, as provided by the proceedings authorizing the issuance of special tax obligation bonds pursuant to sections 13b-74 to 13b-77, inclusive, as amended, and then to pay from the Transportation Strategy Board projects account of the Special Transportation Fund, established under section 113 of public act 03-1 of the June 30 special session, the incremental revenues identified in approved annual financing plans for cash funding in accordance with the provisions of section 17 of public act 03-4 of the June 30 special session, as amended by this act.

Sec. 31. Section 114 of public act 03-1 of the June 30 special session is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Notwithstanding any provision of the general statutes, for the fiscal year ending June 30, 2004, the sum of $ 10,000,000 [shall be transferred from the resources of] on deposit in the Special Transportation Fund [and] shall be credited to [the resources of] the Transportation Strategy Board projects account established under section 113 of [this act] public act 03-1 of the June 30 special session.

(b) Notwithstanding any provision of the general statutes, for the fiscal year ending June 30, 2005, the sum of $ 5,000,000 [shall be transferred from the resources of] on deposit in the Special Transportation Fund [and] shall be credited to [the resources of] the Transportation Strategy Board projects account established under section 113 of [this act] public act 03-1 of the June 30 special session.

(c) Notwithstanding any provision of the general statutes, on July 1, 2005, the sum of $ 5,000,000 [shall be transferred from the resources of] on deposit in the Special Transportation Fund [and] shall be credited to [the resources of] the Transportation Strategy Board projects account established under section 113 of [this act] public act 03-1 of the June 30 special session.

Sec. 32. (Effective from passage) The planned extension of the Route 72 current terminus in Plainville to Route 229 in Bristol shall be designated the "E. Bartlett Barnes Highway".

Sec. 33. Section 13a-126c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Notwithstanding any provision of the general statutes, [to the contrary,] the Commissioner of Transportation may enter into an agreement with the owner or operator of a public service facility, as such facility is defined in section 13a-126, as amended, desiring the longitudinal use of the right-of-way of a [limited access] state highway to accommodate trunkline or transmission type utility facilities and to fix the terms, conditions and rates and charges for use of such right-of-way; provided, no such agreement shall exempt a public service facility from the provisions of chapter 277a.

Sec. 34. (NEW) (Effective July 1, 2004) The Department of Transportation shall allocate annually any amount transferred to the Section 402 Highway Safety Grant Program, under the provisions of 23 USC 154, for hazard elimination activities eligible for funding under 23 USC 152. Two hundred thousand dollars of such amount shall be allocated by said department during the fiscal year ending June 30, 2005, for system hardware, software licenses and configuration and installation costs for a video incident responder system to disseminate video transmissions from the Interstate 95 video camera network to authorized law enforcement and emergency service personnel to better coordinate responses to highway incidents.

Sec. 35. (Effective July 1, 2004) Sections 32-425 to 32-434, inclusive, of the general statutes are repealed.

Approved May 21, 2004