Substitute Senate Bill No. 1041 Substitute Senate Bill No. 1041 PUBLIC ACT NO. 95-325 AN ACT REVISING CERTAIN TRANSPORTATION LAWS. Section 1. (NEW) Not later than February 1, 1996, the commissioner of transportation shall adopt regulations in accordance with the provisions of chapter 54 of the general statutes to establish minimum requirements relative to traffic safety for any car wash facility for which a building permit is issued on or after February 1, 1996. Such regulations shall include, but not be limited to, provisions which establish: (1) A minimum distance from the entrance and exit of the car wash building to the public highway; and (2) a minimum distance from the car wash site to a highway intersection. Sec. 2. (NEW) At the request of any municipality which is undertaking a project to rehabilitate, replace or demolish a bridge which supports a municipal road using state or federal highway funds, the commissioner of transportation may enter into an agreement with such municipality which sets forth the responsibilities of the parties in connection with the acquisition of real property, as defined in subsection (a) of section 13a-73 of the general statutes, or rights of ingress to and egress from land, which is required for such project. The commissioner shall exercise his authority pursuant to this section in the same manner as authorized and exercised by the commissioner in acquiring real property for state highway purposes subject to the terms of the agreement between the commissioner and the municipality. Sec. 3. Section 13b-46 of the general statutes is repealed and the following is substituted in lieu thereof: (a) The commissioner [is authorized to] MAY approve airports, heliports, restricted landing areas, and other air navigation facilities. [in accordance with regulations adopted by him.] Any municipality or person acquiring property for the purpose of constructing or establishing an airport, heliport or restricted landing area shall, prior to such acquisition, apply to the commissioner for a certificate of approval of the site selected and the general purpose or purposes for which the property is to be acquired, to insure that the property and its use shall conform to minimum standards of safety and shall serve the public interest. Any proposed airport, heliport, restricted landing area or other air navigation facility at which more than thirty-six landings and takeoffs are expected to be made by aircraft in any year shall be approved by the commissioner before it shall be licensed to be used or operated. [for such year.] The commissioner shall make no charge for approval certificates of proposed property acquisition for airport, heliport or restricted landing area purposes. (b) The commissioner [is authorized to] MAY license airports, heliports, restricted landing areas and other air navigation facilities [in accordance with regulations adopted by the commissioner, and to] AND renew such licenses. [Licenses granted under this subsection or under any prior law shall be annually renewed upon payment of the fee therefor.] When a certificate of approval of an airport, heliport or restricted landing area has been issued by the commissioner, he may grant a license for operation and use. [The commissioner may charge for the issuance of each original license for an airport, heliport or restricted landing area not more than twenty-five dollars and, for each annual renewal of such license, not more than ten dollars.] ON AND AFTER JULY 1, 1995, THE COMMISSIONER SHALL CHARGE A FEE OF ONE HUNDRED FIFTY DOLLARS FOR EACH LICENSE OR RENEWAL THEREOF. EACH SUCH LICENSE SHALL BE EFFECTIVE FOR A PERIOD OF THREE YEARS FROM THE DATE OF ISSUANCE. EACH LICENSEE SHALL CERTIFY, ON A FORM PROVIDED BY THE COMMISSIONER, THAT THE LICENSED FACILITY SHALL COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS DURING THE LICENSE PERIOD. Municipalities shall be exempt from the payment of any license fee in connection with airports owned or operated by such municipalities. (c) No municipality or officer or employee thereof and no person shall operate an airport, heliport, restricted landing area or other air navigation facility for which approval has not been granted, and [an annual] A license has not been issued, by the commissioner. The provisions of this section shall not apply to any airport, heliport, restricted landing area or other air navigation facility owned by the federal government within this state. (d) Any heliport in operation prior to October 1, 1985, shall be deemed licensed for operation and use and the commissioner shall issue an original license for any such heliport upon the written request of the person who controls and operates such heliport. Such heliports shall be subject to the provisions of this chapter concerning the renewal or revocation of licenses, inspection and review of air navigation facilities and any other provision of this chapter except those concerning the initial approval or licensing of such facilities. Such heliports shall be subject to any regulation adopted by the commissioner of transportation in accordance with the provisions of this chapter except those concerning the initial approval or licensing of any air navigation facility. Sec. 4. Section 14-24 of the general statutes is repealed and the following is substituted in lieu thereof: The commissioner may, if in his opinion it is equitable, grant a special registration and furnish a special set of number plates or markers, limited or unlimited as he deems advisable, for the operation of heavy duty trailers for the transportation of heavy construction equipment, of cranes or other heavy construction equipment upon the streets and highways of this state from the railroad station or the storage yard to the construction job, or from one construction job to another. Each movement of such trailer, when loaded, crane or other heavy construction equipment shall require a limited or unlimited written permit from the commissioner of transportation, [and each permit shall provide a temporary marker which shall give the permit number, the date of issue and date of expiration. Such temporary marker] UNLESS IT IS OPERATING WITH AN OVERSIZE-OVERWEIGHT ACCOUNT CODE NUMBER, AND A CONFIRMATION NUMBER FURNISHED BY SAID COMMISSIONER. THE COMMISSIONER OF TRANSPORTATION SHALL ISSUE FOR EACH SUCH VEHICLE OPERATING WITH SUCH AN ACCOUNT CODE NUMBER A DOCUMENT WHICH IDENTIFIES THE VEHICLE AND STATES THE DATE OF ISSUE AND DATE OF EXPIRATION. THE ORIGINAL DOCUMENT, as furnished by the commissioner of transportation, shall be [displayed in a prominent place on] CARRIED IN the vehicle. [, in addition to the] THE markers or NUMBER plates furnished by the commissioner of motor vehicles SHALL BE DISPLAYED IN A PROMINENT PLACE ON THE VEHICLE. Such registration may be revoked or suspended at the discretion of the commissioner. Nothing in this section shall be construed to prevent the commissioner from issuing temporary registrations for vehicles of this class. The commissioner may, upon receipt of a certified copy of a permit granted under the provisions of section 13a-117, grant to the person named in the permit a special registration and furnish a special set of number plates or markers, limited or unlimited, as specified in the permit, which permit shall be a part of such registration. The registered gross weight of any tractor-trailer unit, where the trailer is registered as a heavy duty trailer, shall be the light weight of the tractor plus the gross weight of the heavy duty trailer. Sec. 5. Subsection (b) of section 32-426 of the general statutes is repealed and the following is substituted in lieu thereof: (b) The authority shall be governed by a board of directors consisting of the [commissioner] COMMISSIONERS of transportation AND ECONOMIC DEVELOPMENT, SERVING EX OFFICIO; ONE PORT PROFESSIONAL FROM EACH OF THE PORT AREAS OF BRIDGEPORT, NEW HAVEN AND NEW LONDON DESIGNATED BY THE CHAIRMAN OF THE BRIDGEPORT PORT AUTHORITY, THE CHAIRMAN OF THE NEW HAVEN HARBOR COOPERATIVE AND THE CHIEF EXECUTIVE OFFICER OF THE CITY OF NEW LONDON, RESPECTIVELY, PROVIDED IN NO EVENT SHALL THERE BE MORE THAN ONE REPRESENTATIVE FROM A SINGLE BUSINESS ENTITY, EACH serving AS ex-officio NONVOTING MEMBERS; six members appointed by the governor, one of whom shall be a resident of the city of New London, one of whom shall be a resident of the city of New Haven and one of whom shall be a resident of the city of Bridgeport; and six members appointed as follows: One by the president pro tempore of the senate, one by the majority leader of the senate, one by the minority leader of the senate, one by the speaker of the house of representatives, one by the majority leader of the house of representatives and one by the minority leader of the house of representatives. The commissioner of transportation OR THE COMMISSIONER OF ECONOMIC DEVELOPMENT may designate his deputy or any member of his staff to represent him at meetings of the authority, with full power to act and vote in his behalf. The term of each member of the board shall be coterminous with the term of the appointing authority for such member or until a successor is chosen, whichever is later. The governor shall fill any vacancy for the unexpired term of a member appointed by the governor. The appropriate appointing authority shall fill any vacancy for the unexpired term of a member appointed by the authority. FOR THE PURPOSES OF THIS SECTION, "PORT PROFESSIONAL" MEANS AN INDIVIDUAL ACTIVELY ENGAGED IN PORT OPERATIONS. Sec. 6. Notwithstanding any provision of the general statutes, any special act or any regulation, the department of transportation may replace the Old Clinton Road Highway Bridge over railroad tracks in Westbrook, bridge number 03894, with a new bridge which will provide a minimum overhead clearance from the railroad tracks which will equal or exceed the existing overhead clearance of seventeen feet, seven inches. Sec. 7. The viaduct on Alpha Avenue in Stonington designated by the department of transportation as bridge number 03906 shall be named the Frank Turek Viaduct. Sec. 8. The bridge over the Naugatuck River and Route 8 on Route 68 in Naugatuck shall be named the General Tadeusz Kosciuszko Memorial Bridge. Sec. 9. The bridge over the Quinnipiac River on Interstate Route 95 in New Haven shall be named the Pearl Harbor Memorial Bridge. Sec. 10. Interstate Route 291 shall be named the Vietnam Veterans Memorial Highway. Sec. 11. The pond on the West River in New Haven and Woodbridge known as Lily Pond and designated by the department of environmental protection as lake number 11530 shall be named the John Willsher Pond. Sec. 12. Subsection (f) of section 14-253a of the general statutes is repealed and the following is substituted in lieu thereof: (f) Only those motor vehicles displaying a plate or placard issued pursuant to this section shall be authorized to park in public or private areas reserved for exclusive use by blind persons or persons with disabilities, EXCEPT THAT ANY AMBULANCE, AS DEFINED IN SECTION 19a-175, WHICH IS TRANSPORTING A PATIENT MAY PARK IN SUCH AREA FOR A PERIOD NOT TO EXCEED FIFTEEN MINUTES WHILE ASSISTING SUCH PATIENT. Any motor vehicle parked in violation of the provisions of this subsection for the third or subsequent time shall be subject to being towed from such designated area. Such vehicle shall be impounded until payment of any fines incurred is received. No person, firm or corporation engaged in the business of leasing or renting motor vehicles without drivers in this state may be held liable for any acts of the lessee constituting a violation of the provisions of this subsection. Sec. 13. Subsection (a) of section 14-26 of the general statutes, as amended by section 15 of public act 95-260, is repealed and the following is substituted in lieu thereof: (a) Each owner or lessee of a motor bus, service bus, taxicab, school bus or motor vehicle in livery service shall file in the office of the commissioner a special application, containing his name, residence and post-office address and a description of the motor vehicle owned or leased by him, which shall include the name of the maker and such other information as the commissioner may require. The commissioner may register such motor vehicle as a motor bus or as a service bus or as a taxicab or as a school bus or as a motor vehicle in livery service or as a school bus used in part in livery service; but no such registration shall be issued to the owner or lessee of any such motor vehicle unless it is in suitable condition for carrying passengers and is equipped as required by law. The registration number and certificate of registration of each such vehicle shall be special, and such certificate of registration shall contain such information as the commissioner may require. No registration shall be issued to the owner or lessee of a motor bus who has not obtained a certificate of public convenience and necessity from the department of transportation, in accordance with the provisions of section 13b-80. No registration shall be issued to the owner or lessee of a taxicab who has not obtained a certificate of public convenience and necessity from the department of transportation in accordance with the provisions of section 13b-97. No such vehicle shall be registered unless the owner thereof has complied with the provisions of section 14-29, and no such vehicle shall be operated upon any highway without first being registered in accordance with the provisions of section 14-49. The commissioner may issue, to an applicant for registration of more than one motor bus, a certificate or certificates of registration containing a general distinguishing number and mark assigned to such applicant upon application to him therefor, which application shall be made in such form and contain such information as the commissioner may determine. Each motor bus included in such registration shall be regarded as registered under and having assigned to it such general distinguishing number and mark. The commissioner may impose upon the issuance and use of each such general registration such conditions, limitations and restrictions as he may determine. Such motor bus owners shall not be required to carry such certificates upon the vehicles registered under the provisions of this section, but shall keep a record of each person operating any motor bus so registered in sufficient detail to promptly identify such person at any specified time, which record shall be subject to the inspection of any officer designated by the commissioner. If any such registrant fails to keep such record or to produce it for inspection as hereinbefore provided, such failure shall be sufficient cause for the commissioner to cancel or suspend such registration. The commissioner may require of such registrant a bond satisfactory to him in an amount not to exceed ten thousand dollars, conditioned upon compliance with the laws of the state and the regulations of the commissioner concerning the use of such registration, number and mark, or otherwise conditioned as he may direct, which bond shall be forfeited for any violation of the conditions thereof. The commissioner may issue to the holder of any such general motor bus or interstate registration one or more registrations and number plates for motor vehicles in livery service which may be used interchangeably with such motor bus or interstate registration in accordance with such conditions and regulations as he may impose, PROVIDED THE NUMBER OF INTERSTATE REGISTRATIONS AND NUMBER PLATES ISSUED SHALL NOT EXCEED THE NUMBER OF INTRASTATE REGISTRATIONS AND NUMBER PLATES AUTHORIZED BY THE DEPARTMENT OF TRANSPORTATION. Sec. 14. Section 12-217s of the general statutes, as amended by section 34 of public act 95-160, is repealed and the following is substituted in lieu thereof: There shall be allowed as a credit against the tax imposed on any corporation under this chapter, except corporations employing fewer than one hundred employees, with respect to any taxable year of such corporation commencing on or after January 1, 1997, an amount equal to fifty per cent of the amount spent by such corporation, ON OR AFTER JANUARY 1, 1995, for the direct costs of transportation management programs and services related thereto instituted by such corporation in response to the provisions of sections 13b-38o to 13b-38y, inclusive, not to exceed two hundred fifty dollars annually per employee participating in alternative means of commuting pursuant to transportation management programs. The total amount of credits available under the provisions of this section shall not exceed one million five hundred thousand dollars. The department of transportation shall adopt regulations in accordance with the provisions of chapter 54 which shall include, but not be limited to, establishing procedures for a corporation to obtain and qualify for the tax credit. Sec. 15. Section 14-314a of the general statutes is repealed. Sec. 16. This act shall take effect from its passage, except that sections 3, 5 and 13 shall take effect July 1, 1995, and sections 4 and 15 shall take effect October 1, 1995. Approved July 13, 1995