House Bill No. 5126
House Bill No. 5126
PUBLIC ACT NO. 97-62
AN ACT ELIMINATING THE EXPRESSWAY BOND COMMITTEE
AND BONDS ISSUED BY THE COMMITTEE.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 13a-20 of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in this part, unless the context
indicates a different meaning or intent:
(a) "Expressway" means a highway at such
locations or between such termini as are herein or
may by act of the General Assembly hereafter be
established, which is planned, constructed or
operated under the provisions of this part and
which may provide separation of opposing traffic
of vehicles and elimination of cross traffic of
vehicles as deemed necessary by the commissioner
and access to which is allowed only at highway
intersections designated by the commissioner,
together with and including all such bridges,
buildings, structures and facilities related
thereto, including all such restaurant, gasoline
station and other service facilities and public
conveniences as may be proper purposes for the
expenditure of public moneys in connection with
such highway, as the commissioner may determine;
(b) ["Expressway Bond Committee" or
"committee" means a committee consisting of the
Governor, the State Treasurer, the Comptroller,
the Attorney General, the Secretary of the Office
of Policy and Management and the Commissioner of
Public Works;
(c) "Bond" means any obligation issued
pursuant to sections 13a-199 to 13a-220,
inclusive;
(d)] "Bond declaration" means a written
instrument, signed by the commissioner or
Treasurer in accordance with sections 13a-199 to
13a-220, inclusive, and filed or to be filed in
the office of the Secretary of the State;
[(e)] (c) "Cost", when used with reference to
construction of an expressway or highway, means,
as of any particular date, the costs thereafter to
be incurred of planning, designing, constructing
and landscaping such expressway or highway and all
approaches, bridges and roads connecting thereto
or connecting parts thereof, of all lands,
property rights, rights-of-way, easements and
franchises necessary or convenient for such
construction, of all machinery and equipment, and
of traffic estimates, administration, engineering,
architectural and legal services, plans,
specifications, surveys, and estimates of costs
and revenues, financing charges, interest prior to
or during construction, and all such other
expenses thereafter to be incurred as may be
necessary or incident to the financing and
construction of such expressway or highway and the
placing of the same fully in operation, and may
include such part as may be determined in a bond
declaration related to such expressway or highway
of any similar costs and expenses related to such
expressway or highway theretofore incurred by the
state or the commissioner and such reserves for
the payment or security of principal of or
interest on bonds as may be determined in a bond
declaration related to such expressway or highway;
[(f)] (d) "Treasurer" means the State
Treasurer and includes each and all of his
successors in office or authority; and
[(g)] (e) "Highway", as used in sections
13a-22 and 13a-25, means any highway laid out or
maintained by the state.
Sec. 2. Subsection (a) of section 13a-21 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The commissioner is authorized and
directed to plan and construct, under the
provisions of this part, [and sections 13a-199 to
13a-220, inclusive,] an expressway which is hereby
established at the following location or such part
or parts thereof as may from time to time, by a
bond declaration, or any amendment thereof signed
or approved by the commissioner, be determined to
be suitable for such expressway: Beginning at a
point on the Connecticut-New York state line near
the village of Port Chester, New York, and
running, with such omissions and for such distance
as may from time to time be so determined in such
a declaration or amendment thereof, thence in a
general northeasterly direction to New Haven, and
thence in a general easterly direction via the
Baldwin Bridge over the Connecticut River to a
point at or near the East Lyme-Waterford town
line, and thence in a general northeasterly
direction to a point at or near Norwich, and
thence in a general northeasterly direction to a
point on the Connecticut-Rhode Island state line
in Killingly. Such expressway shall be included in
the state highway system.
Sec. 3. Subsection (a) of section 13a-22 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The commissioner is authorized [, with the
approval in writing of the Expressway Bond
Committee,] to plan and construct, under the
provisions of this part, [and sections 13a-199 to
13a-220, inclusive,] a separate expressway which
is hereby established at such part or parts of the
location of the highway constituting, on January
30, 1957, the expressway mentioned in section
13a-21 as may, from time to time, by a bond
declaration or any amendment thereof signed or
approved by the commissioner, be determined to be
suitable for such expressway or highway. Such
expressway or highway shall be included in the
state highway system. The commissioner may
construct with respect to such highway such
related buildings and facilities. Any such
highway, if financed by the issuance of expressway
bonds described in a bond declaration signed by
the commissioner or Treasurer after January 1,
1957, shall become and is hereby established as an
expressway without further action of the General
Assembly.
Sec. 4. Section 13a-23 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The commissioner may (a) plan, construct,
reconstruct, repair, improve, manage, maintain and
operate expressways, and reconstruct and relocate
existing highways, sections of highways, bridges
or structures and incorporate and use the same,
whether or not so reconstructed or relocated or
otherwise changed or improved, as parts of such
expressways; (b) retain and employ consultants and
assistants on a contract or other basis for
rendering legal, financial, professional,
technical or other assistance and advice necessary
to carry out the provisions concerning
expressways; (c) limit ingress to or egress from,
and establish regulations for the use of, any
expressways, and (d) do all things necessary or
convenient to carry out the purposes and exercise
the powers expressly given in this part. [and
sections 13a-199 to 13a-220, inclusive.]
Sec. 5. Section 13a-24 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Nothing contained in this part, [and in
sections 13a-199 to 13a-220, inclusive,] shall be
construed to limit, restrict or derogate from any
power, right or authority of the commissioner
existing under or pursuant to any other act of the
General Assembly.
Sec. 6. Section 13a-25 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Whenever the Chief Justice of the Supreme
Court finds that the number of state referees
available for the performance of the duties of
state referees under subsection (c) of section
13a-73, sections 13a-74 and 13a-76, subsection (d)
of section 32-387 and sections 32-388 and 32-389
is not sufficient to consider and act upon the
acquisition of land and buildings for [any
expressway or highway financed under sections
13a-199 to 13a-220, inclusive, or for] a stadium
facility or practice facility, as defined in
section 32-381, with reasonable promptness, said
chief justice, upon the application of the
commissioner or the secretary, as the case may be,
may appoint such number of additional state
referees as he deems necessary to expedite the
performance of such duties. Such appointments may
be made from time to time and for such period of
time, not more than two months in length, as he
designates. Such additional state referees shall
have the same powers and duties as state referees
appointed under section 52-434, with respect to
the granting of the approvals and the performance
of other duties of state referees in the
acquisition of land and buildings for such
expressway, highway, stadium facility or practice
facility and shall receive such reasonable
compensation as is determined by the chief
justice, and such compensation and expenses
incurred in the conduct of any hearings by such
state referees shall be paid as a part of the cost
thereof.
Sec. 7. Section 13b-59 of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in title 13a or in this title, unless
the context clearly indicates a different meaning
or intent, all terms which are defined in section
4-69 shall have the respective meanings ascribed
thereto in said section. As used in sections
13b-59 and 13b-61, unless the context clearly
indicates a different meaning or intent:
(a) All terms which are defined in section
13b-2 shall have the respective meanings ascribed
thereto in said section;
(b) "Expressway revenues" means all tolls,
rates, rents, fees, charges and other income
derived from the operation of any expressway
referred to in part III (C) of chapter 240;
(c) "Highway tolls" means all tolls, fees,
rentals and other charges, except expressway
revenues, for transit over or use of any highway,
bridge or ferry, including all receipts from fees,
coupons or tickets provided for under section
13a-155;
(d) "License, permit and fee revenues" means
(1) all fees and other charges required by, or
levied pursuant to sections 12-487, 13b-80 and
13b-97, subsection (b) of section 14-12, sections
14-16a, 14-21c, 14-44h and 14-44i, subsection (v)
of section 14-49, subsections (b) and (f) of
section 14-50, subdivisions (5), (6), (7), (8),
(11), (12) and (13) of subsection (a) of section
14-50a, sections 14-52, 14-53, 14-58, 14-67l and
14-69, subsection (e) of section 14-73, sections
14-96q and 14-103a, subsection (a) of section
14-164a, subsection (a) of section 14-192,
subsection (d) of section 14-270, sections 14-319
and 14-320 and sections 13b-410a to 13b-410c,
inclusive; (2) all aeronautics, waterways, and
other fees and charges required by, or levied
pursuant to sections 13a-80 and 13a-80a,
subsection (b) of section 13b-42 and subsections
(b) and (c) of section 15-13; and (3) all motor
vehicle related fines, penalties or other charges
as defined in subsection (g);
(e) "Motor fuel taxes" means any tax now or
hereafter imposed by authority of the state with
respect to or measured by the sale or use, as a
fuel in internal combustion engines or for the
propulsion of motor vehicles, of products commonly
or commercially known or sold as gasoline or any
other substances prepared, advertised for sale or
sold for use as a fuel in internal combustion
engines or for the propulsion of motor vehicles,
including the taxes provided for by chapter 221 or
chapter 222;
(f) "Motor vehicle receipts" means all fees
and other charges required by, or levied pursuant
to subsection (c) of section 14-12, section 14-15,
subsection (a) of section 14-25a, section 14-28,
subsection (b) of section 14-35, subsection (b) of
section 14-41, section 14-41a, subsection (b) of
section 14-44, sections 14-47 and 14-48b,
subsection (a) of section 14-49, subsection (b)
(1) of section 14-49, except as provided under
subsection (b) (2) of said section, subsections
(c), (d), (e), (f), (g), (h), (i), (k), (l), (m),
(n), (o), (p), (q), (s), (t), (u), (x), (y) and
(aa) of section 14-49, section 14-49a, subsections
(a) and (g) of section 14-50, subsections (a)(1),
(a)(2), (a)(3), (a)(4), (a)(9), (a)(10) and
(a)(14) of section 14-50a, section 14-59, section
14-61, section 14-65, subsection (c) of section
14-66, subsection (e) of section 14-67, subsection
(f) of section 14-67a, sections 14-67d and 14-160,
subsection (b) of section 14-164a, section 14-381,
subsection (b) of section 14-382 and section
14-383;
(g) "Motor vehicle related fines, penalties
or other charges" means all fines, penalties or
other charges required by, or levied pursuant to
subsection (a) of section 14-12, sections 14-13,
14-16, 14-17, 14-18, 14-26, 14-27 and 14-29,
subsection (d) of section 14-35 and sections
14-36, 14-39, 14-43, 14-45, 14-64, 14-80, 14-81,
14-82, 14-97, 14-98, 14-99, 14-101, 14-102,
14-103, 14-104, 14-105, 14-106, 14-110, 14-111,
14-112, 14-137a, 14-140, 14-145, 14-146, 14-147,
14-148, 14-149, 14-150, 14-151, 14-152, 14-161,
14-164a, 14-196, 14-197, 14-198, 14-213, 14-214,
14-215, 14-216, 14-217, 14-218a, 14-219, 14-220,
14-221, 14-222, 14-223, 14-224, 14-225, 14-226,
14-228, 14-230, 14-231, 14-232, 14-233, 14-234,
14-235, 14-236, 14-237, 14-238, 14-239, 14-240,
14-241, 14-242, 14-243, 14-244, 14-245, 14-246a,
14-247, 14-249, 14-250, 14-257, 14-260, 14-261,
14-262, 14-264, 14-267a, 14-269, subsection (f) of
section 14-270, sections 14-271, 14-273, 14-274,
14-275, 14-276, 14-277, 14-279, 14-280, 14-281,
14-282, 14-283, 14-285, 14-286, 14-295, 14-296,
14-300, 14-314, 14-329, 14-331, 14-342, 14-386,
14-386a, 14-387, 15-7, 15-8, 15-9, 15-16, 15-25
and 15-33;
(h) "Motor vehicle taxes" means any fees,
excises or licenses or other taxes imposed by
authority of the state relating to registration,
operation or use of motor vehicles including all
receipts of the Commissioner of Motor Vehicles or
his department, but not including in any case
tolls, fees, rentals and charges for transit over
or use of any expressway, highway, bridge or ferry
or revenue received by the state in fees for the
numbering of motorboats;
(i) [The term "1954 declaration" shall have
the meaning ascribed to such term in section
13a-199;
(j)] "Treasurer" means the State Treasurer
and includes each and all of his successors in
office or authority; and
[(k)] (j) "Special Transportation Fund" means
the Special Transportation Fund created under
section 13b-68.
Sec. 8. Subsection (c) of section 13b-69 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) As used in this section, "general
obligation bonds of the state issued for
transportation purposes" means the aggregate
principal amount, as determined by the Secretary
of the Office of Policy and Management, of state
general obligation bonds authorized for
transportation purposes pursuant to the following
authorizations issued and outstanding at any time:
Special acts 406 of the 1959 session; 328 of the
1961 session, as amended; 362 of the 1963 session,
as amended; 245 of the February 1965 special
session, as amended; 276 and 315 of the 1967
session, as amended; 255 and 281 of the 1969
session; 31 of the 1972 session, as amended;
73-74, as amended; 74-43; 74-102, as amended;
75-101; 76-84, as amended; 77-47; 78-70; 78-71, as
amended; 78-81, as amended; 79-95; 80-41; 81-71;
82-46, as amended; 83-17 of the June special
session; and 83-2 and 83-3 of the October special
session; sections 4-66c; 13a-20; 13a-29; 13a-32 to
13a-35, inclusive; 13a-157; 13a-165; 13a-166;
13a-176 to 13a-192, inclusive; 13a-197; 13a-198a
to 13a-198j, inclusive; [13a-199; 13a-202;
13a-204; 13a-206; 13a-207; 13a-208; 13a-218;]
13a-239 to 13a-246, inclusive; 16-338; 16a-40j and
16a-40k; and section 28 of public act 132 of 1959,
sections 8 and 13 of public act 325 of the
February 1965 special session, as amended;
sections 4 and 5 of public act 755 of 1969, as
amended; and section 1 of public act 80-392.
Sec. 9. Sections 13a-199 to 13a-210 of the
general statutes, inclusive, and sections 13a-215
to 13a-220 of the general statutes, inclusive, are
repealed.
Approved May 27, 1997