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is repealed and the following is substituted in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