Substitute House Bill No. 5421
          Substitute House Bill No. 5421

              PUBLIC ACT NO. 98-222


AN ACT IMPLEMENTING RECOMMENDATIONS OF THE PROGRAM
REVIEW AND INVESTIGATIONS COMMITTEE CONCERNING THE
DEPARTMENT OF TRANSPORTATION  AND  PROVISIONS  FOR
CERTAIN STATE AGENCY CONTRACTS.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Subsection (e) of section 13b-11a
of  the  general  statutes  is  repealed  and  the
following is substituted in lieu thereof:
    (e) On or  before January first, annually, the
commission  shall  submit   in   writing   to  the
commissioner [,] AND  the  Governor [and the joint
standing committee of  the General Assembly having
cognizance of matters  relating to transportation]
(1)  a list  of  public  transportation  projects,
which, if undertaken  by  the state, would further
the  policy  set  forth  in  section  13b-32;  (2)
recommendations  for  improvements   to   existing
public   transportation  service   and   projects,
including    proposals   for    legislation    and
regulations; (3) recommendations for disincentives
to  free parking,  including  urban  and  suburban
employment centers; (4) off-peak transit services;
and (5) the  establishment  of  urban  center loop
shuttles.  The  commissioner  shall  [present  to]
NOTIFY MEMBERS OF  THE JOINT STANDING COMMITTEE OF
THE GENERAL ASSEMBLY  HAVING COGNIZANCE OF MATTERS
RELATING TO TRANSPORTATION,  ON  OR BEFORE JANUARY
FIRST, ANNUALLY, AND  ALL  MEMBERS  OF the General
Assembly on or before February first, annually, OF
THE AVAILABILITY OF  his  [written]  comments  and
analysis  of  priorities.   A   WRITTEN   COPY  OR
ELECTRONIC  STORAGE  MEDIA  OF  HIS  COMMENTS  AND
ANALYSIS SHALL BE  DISTRIBUTED  TO MEMBERS OF SUCH
COMMITTEE WHO REQUEST  HIS  COMMENTS AND ANALYSIS.
The commissioner shall meet with the commission at
least once during each calendar quarter.
    Sec.  2.  Subsection  (e) of section 13b-15 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (e)  The plan shall be completed and submitted
biennially  to  the  Governor  [and  the   General
Assembly]  on  or  before  January thirty-first of
each odd-numbered year.  THE  COMMISSIONER  SHALL,
BIENNIALLY,  ON  OR BEFORE JANUARY THIRTY-FIRST OF
EACH ODD-NUMBERED YEAR, NOTIFY ALL MEMBERS OF  THE
GENERAL  ASSEMBLY OF THE AVAILABILITY OF THE PLAN.
A MEMBER REQUESTING A PLAN SHALL BE SENT A WRITTEN
COPY  OR  ELECTRONIC  STORAGE MEDIA OF THE PLAN BY
THE COMMISSIONER.
    Sec. 3. Subsection  (a)  of  section 13b-26 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)   The   commissioner   shall   make   such
alterations in the state highway system as he  may
from  time to time deem necessary and desirable to
fulfill the purposes of  this  chapter  and  title
13a.  In  making  any  such  alteration  he  shall
consider the best interest of  the  state,  taking
into  consideration relevant factors including the
following: Traffic flow, origin and destination of
traffic,  integration  and circulation of traffic,
continuity of routes, alternate  available  routes
and  changes  in  traffic  patterns.  The relative
weight  to  be  given  to  any  factor  shall   be
determined by the commissioner. All alterations in
said highway system shall be consistent  with  the
comprehensive   long-range  master  transportation
plan. [and shall be reported  to  the  legislature
each  biennium.]  EACH  BIENNIUM  THE COMMISSIONER
SHALL NOTIFY ALL MEMBERS OF THE  GENERAL  ASSEMBLY
OF   THE   AVAILABILITY  OF  THE  PLAN.  A  MEMBER
REQUESTING A PLAN SHALL BE SENT A WRITTEN COPY  OR
ELECTRONIC  STORAGE  MEDIA  OF  THE  PLAN  BY  THE
COMMISSIONER.
    Sec.   4.   Section  13b-79a  of  the  general
statutes, as amended by section 5  of  public  act
97-304,   is   repealed   and   the  following  is
substituted in lieu thereof:
    Not  later  than October 1, 1984, and annually
thereafter,  the  Commissioner  of  Transportation
shall  PREPARE  A  report  [to  the joint standing
committees having cognizance of  matters  relating
to  the  Department of Transportation, to finance,
revenue, capital  bonding  and  taxation,  and  to
appropriations  and the budgets of state agencies]
on  the  current  status  and  progress   of   the
transportation  infrastructure  program authorized
pursuant to special act 84-52 and sections  3-21a,
3-27a,  3-27f,  12-458 and 12-458d, subsection (c)
of section 13a-80a, sections 13a-175p to 13a-175u,
inclusive,   subsection  (f)  of  section  13b-42,
sections 13b-59, 13b-61, 13b-69, 13b-71, 13b-74 to
13b-77,  inclusive, 13b-80, AS AMENDED, subsection
(a) of section 13b-97, subsection (a)  of  section
14-12,   sections   14-15,   14-16a   and  14-21c,
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  (a)  of
section  14-44,  sections 14-47, 14-48b, 14-49 and
14-50, subsection (a) of section 14-50a,  sections
14-52,  14-53 and 14-58, subsection (c) of section
14-66, subsection (e) of section  14-67,  sections
14-67a,  14-67d,  14-67l and 14-69, subsection (e)
of  section  14-73,  subsection  (c)  of   section
14-96q,  sections  14-103a  and 14-160, subsection
(a) of section 14-164a, subsection (a) of  section
14-192,   sections   14-319,  14-320  and  14-381,
subsection (b)  of  section  14-382  and  sections
14-383  and  15-14. Each report shall include, but
not be limited to: Information on  the  number  of
lane miles of state and local roadway repaved, the
status of the state and local bridge programs, the
status   of   intrastate  and  interstate  highway
programs and the interstate trade-in  program  and
mass  transportation and aeronautics programs. THE
COMMISSIONER  SHALL  NOTIFY  THE  JOINT   STANDING
COMMITTEES   OF   THE   GENERAL   ASSEMBLY  HAVING
COGNIZANCE OF MATTERS RELATING TO FINANCE, REVENUE
AND  BONDING AND APPROPRIATIONS AND THE BUDGETS OF
STATE AGENCIES OF THE AVAILABILITY OF THE  REPORT.
A  REQUESTING  MEMBER OF SUCH A COMMITTEE SHALL BE
SENT A WRITTEN COPY OR ELECTRONIC STORAGE MEDIA OF
THE REPORT BY THE COMMISSIONER.
    Sec.   5.   Section  13b-79b  of  the  general
statutes, as amended by section 6  of  public  act
97-304,   is   repealed   and   the  following  is
substituted in lieu thereof:
    The   Commissioner   of  Transportation  shall
[submit] PREPARE a report not later  than  October
1,  1984,  and  annually thereafter, [to the joint
standing committees of the General Assembly having
cognizance of matters relating to finance, revenue
and bonding, transportation and appropriations and
the  budgets  of  state agencies,] with respect to
the Special Transportation Fund established  under
section  13b-68.  Each  such report shall, for the
preceding twelve-month  period,  (1)  specify  the
moneys  credited  to  such  fund on account of, or
derived from, each source  of  state  and  federal
revenue,  (2)  specify  the  amount  of investment
earnings from the fund,  (3)  specify  the  moneys
from  such  fund  applied and expended for (A) the
payment of debt service requirements,  as  defined
in   section   13b-75,  (B)  the  payment  of  the
principal of and interest  on  general  obligation
bonds  of  the  state  issued  for  transportation
purposes, as defined in section  13b-69,  and  (C)
each  budgeted  account  under  the  annual budget
appropriation   made   to   the   Department    of
Transportation,  (4)  specify  the  number of lane
miles of state  and  local  roadway  repaved,  the
status of the state and local bridge programs, the
status  of  intrastate  and   interstate   highway
programs  and  the interstate trade-in program and
mass transportation and aeronautics  programs  and
(5)  specify  the  amount of all expenditures from
the Special Transportation Fund for  the  purchase
of  highway  related  equipment.  THE COMMISSIONER
SHALL NOTIFY THE JOINT STANDING COMMITTEES OF  THE
GENERAL  ASSEMBLY  HAVING  COGNIZANCE  OF  MATTERS
RELATING  TO   FINANCE,   REVENUE   AND   BONDING,
TRANSPORTATION  AND APPROPRIATIONS AND THE BUDGETS
OF STATE  AGENCIES  OF  THE  AVAILABILITY  OF  THE
REPORT.  A  REQUESTING  MEMBER OF SUCH A COMMITTEE
SHALL BE SENT A WRITTEN COPY OR ELECTRONIC STORAGE
MEDIA OF THE REPORT BY THE COMMISSIONER.
    Sec.   6.   Section   14-298  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    There   shall  be  within  the  Department  of
Transportation a State  Traffic  Commission.  Said
Traffic    Commission   shall   consist   of   the
Commissioner of Transportation,  the  Commissioner
of  Public  Safety  and  the Commissioner of Motor
Vehicles. For the purpose of  standardization  and
uniformity,  said commission shall adopt and cause
to  be   printed   for   publication   regulations
establishing  a  uniform system of traffic control
signals, devices, signs  and  markings  consistent
with  the  provisions of this chapter for use upon
the public highways. THE COMMISSIONER  SHALL  MAKE
KNOWN  TO THE GENERAL ASSEMBLY THE AVAILABILITY OF
SUCH REGULATIONS AND ANY REQUESTING  MEMBER  SHALL
BE SENT A WRITTEN COPY OR ELECTRONIC STORAGE MEDIA
OF SUCH REGULATIONS BY  THE  COMMISSIONER.  Taking
into   consideration   the   public   safety   and
convenience  with  respect  to   the   width   and
character  of the highways and roads affected, the
density of traffic thereon and  the  character  of
such  traffic,  said  commission  shall also adopt
regulations, in  cooperation  and  agreement  with
local  traffic  authorities,  governing the use of
state   highways   and   roads   on    state-owned
properties,   and   the   operation   of  vehicles
including but not limited to  motor  vehicles,  as
defined  by section 14-1, and bicycles, as defined
by   section   14-286,   thereon.   A   list    of
limited-access  highways  shall  be published with
such regulations and said list  shall  be  revised
and  published  once  each  year. THE COMMISSIONER
SHALL MAKE  KNOWN  TO  THE  GENERAL  ASSEMBLY  THE
AVAILABILITY  OF SUCH REGULATIONS AND LIST AND ANY
REQUESTING MEMBER SHALL BE SENT A WRITTEN COPY  OR
ELECTRONIC  STORAGE  MEDIA OF SUCH REGULATIONS AND
LIST BY THE COMMISSIONER. A list of limited-access
highways  opened to traffic by the Commissioner of
Transportation  in  the  interim  period   between
publications  shall be maintained in the office of
the State Traffic Commission and such  regulations
shall  apply  to  the use of such listed highways.
Said commission shall also  make  regulations,  in
cooperation   and  agreement  with  local  traffic
authorities, respecting the use by  through  truck
traffic  of streets and highways within the limits
of, and under the jurisdiction of, any city,  town
or  borough  of  this state for the protection and
safety  of  the   public.   If   said   commission
determines  that  the prohibition of through truck
traffic on any  street  or  highway  is  necessary
because of an immediate and imminent threat to the
public health and safety  and  the  local  traffic
authority  is precluded for any reason from acting
on such prohibition, the commission, if it is  not
otherwise  precluded  from  so  acting, may impose
such prohibition. Said commission  may  place  and
maintain  traffic control signals, signs, markings
and other safety devices, which it deems to be  in
the interests of public safety, upon such highways
as come within the jurisdiction of said commission
as  set  forth  in  section  14-297.  The  traffic
authority of any city, town or borough  may  place
and   maintain  traffic  control  signals,  signs,
markings  and  other  safety  devices   upon   the
highways  under  its  jurisdiction,  and  all such
signals, devices, signs and markings shall conform
to  the regulations established by said commission
in accordance with this chapter, and such  traffic
authority  shall,  with respect to traffic control
signals, conform  to  the  provisions  of  section
14-299.
    Sec. 7. On  or  before  January  1,  1999, the
Department of Transportation, in consultation with
the  joint  standing   committee  of  the  General
Assembly having cognizance  of matters relating to
transportation    and    the    subcommittee    on
transportation of the  joint standing committee of
the General Assembly  having cognizance of matters
relating  to appropriations  and  the  budgets  of
state agencies, shall develop a set of performance
measures that report the status and changes of (1)
bridge   conditions  individually   and   in   the
aggregate, (2) road  conditions  for  all measured
road segments and  in  the  aggregate, (3) traffic
congestion for all  identifiable road segments and
in the aggregate and (4) safety conditions for all
identifiable locations and in the aggregate.
    Sec. 8. Subdivisions  (1)  and  (2) of section
49-41b of the  general  statutes  are repealed and
the following is substituted in lieu thereof:
    (1) In the  case  of  a contract advertised by
the state Department of Public Works [between July
1, 1996, and  June  30,  1999,  inclusive,] OR ANY
OTHER  STATE  AGENCY,   EXCEPT   AS  SPECIFIED  IN
SUBDIVISION  (2)  OF   THIS   SECTION,   (A)   the
[department] AWARDING AUTHORITY shall not withhold
more than ten  per cent from any periodic or final
payment which is  otherwise  properly  due  to the
general or prime  contractor  under  the  terms of
such contract and  (B)  any  such general or prime
contractor   shall   not    withhold    from   any
subcontractor more than  (i) ten per cent from any
periodic or final  payment  which is otherwise due
to the subcontractor  or  (ii) the amount withheld
by the [department]  AWARDING  AUTHORITY from such
general or prime contractor under subparagraph (A)
of   this   subdivision,    whichever   is   less.
Notwithstanding the provisions of this subdivision
(1), the [Commissioner  of  Public Works] AWARDING
AUTHORITY shall establish an early release program
with respect to  periodic  payments  by general or
prime contractors to subcontractors.
    (2) In the  case  of  a contract advertised by
the state Department  of [Public Works on or after
July 1, 1999, or in any case in which the awarding
authority    is   any    other    state    agency]
TRANSPORTATION,  (A)  the   [awarding   authority]
DEPARTMENT shall not  withhold  more  than two and
one-half  per cent  from  any  periodic  or  final
payment which is  otherwise  properly  due  to the
general or prime  contractor  under  the  terms of
such contract, and  (B)  any such general or prime
contractor shall not  withhold  more  than two and
one-half  per cent  from  any  periodic  or  final
payment   which   is    otherwise   due   to   any
subcontractor.

Approved June 8, 1998