44 | 51 | | |
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45 | 52 | | (b) Any person who [violates any provision of] fails to comply with subsection (a) of this section or any regulation adopted thereunder shall be fined not less than [sixty] five hundred dollars nor more than [two hundred fifty dollars for each such violation] one thousand dollars. |
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46 | 53 | | |
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47 | 54 | | Sec. 8. Subdivision (40) of section 14-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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48 | 55 | | |
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49 | 56 | | (40) "Highway" includes any state or other public highway, road, street, avenue, alley, driveway, parkway, [or] place or dedicated roadway for bus rapid transit service, under the control of the state or any political subdivision of the state, dedicated, appropriated or opened to public travel or other use; |
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50 | 57 | | |
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51 | 58 | | Sec. 9. (NEW) (Effective from passage) (a) No person shall access or travel upon any highway that is a dedicated roadway for bus rapid transit service except as an operator or passenger in (1) a motor vehicle authorized by the state to provide public transit service on such highway, (2) an authorized emergency vehicle responding to an emergency call, (3) a vehicle operated by the Department of Transportation or any contractor of the department authorized by the state to perform maintenance on such highway, or (4) any motor vehicle specifically authorized in writing by the Commissioner of Transportation to access or travel upon such highway. |
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52 | 59 | | |
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53 | 60 | | (b) Any violation of this section shall be an infraction. |
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54 | 61 | | |
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55 | 62 | | Sec. 10. Section 14-296aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013): |
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56 | 63 | | |
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57 | 64 | | (a) For purposes of this section, the following terms have the following meanings: |
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58 | 65 | | |
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59 | 66 | | (1) "Mobile telephone" means a cellular, analog, wireless or digital telephone capable of sending or receiving telephone communications without an access line for service. |
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60 | 67 | | |
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61 | 68 | | (2) "Using" or "use" means holding a hand-held mobile telephone to, or in the immediate proximity of, the user's ear. |
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62 | 69 | | |
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63 | 70 | | (3) "Hand-held mobile telephone" means a mobile telephone with which a user engages in a call using at least one hand. |
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64 | 71 | | |
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65 | 72 | | (4) "Hands-free accessory" means an attachment, add-on, built-in feature, or addition to a mobile telephone, whether or not permanently installed in a motor vehicle, that, when used, allows the vehicle operator to maintain both hands on the steering wheel. |
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66 | 73 | | |
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67 | 74 | | (5) "Hands-free mobile telephone" means a hand-held mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such hand-held mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate or initiate a function of such telephone. |
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68 | 75 | | |
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69 | 76 | | (6) "Engage in a call" means talking into or listening on a hand-held mobile telephone, but does not include holding a hand-held mobile telephone to activate, deactivate or initiate a function of such telephone. |
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70 | 77 | | |
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71 | 78 | | (7) "Immediate proximity" means the distance that permits the operator of a hand-held mobile telephone to hear telecommunications transmitted over such hand-held mobile telephone, but does not require physical contact with such operator's ear. |
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72 | 79 | | |
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73 | 80 | | (8) "Mobile electronic device" means any hand-held or other portable electronic equipment capable of providing data communication between two or more persons, including a text messaging device, a paging device, a personal digital assistant, a laptop computer, equipment that is capable of playing a video game or a digital video disk, or equipment on which digital photographs are taken or transmitted, or any combination thereof, but does not include any audio equipment or any equipment installed in a motor vehicle for the purpose of providing navigation, emergency assistance to the operator of such motor vehicle or video entertainment to the passengers in the rear seats of such motor vehicle. |
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74 | 81 | | |
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75 | 82 | | (9) "Operating a motor vehicle" means operating a motor vehicle on any highway, as defined in section 14-1, as amended by this act, including being temporarily stationary due to traffic, road conditions or a traffic control sign or signal, but not including being parked on the side or shoulder of any highway where such vehicle is safely able to remain stationary. |
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76 | 83 | | |
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77 | 84 | | (b) (1) Except as otherwise provided in this subsection and subsections (c) and (d) of this section, no person shall operate a motor vehicle upon a highway, as defined in section 14-1, as amended by this act, while using a hand-held mobile telephone to engage in a call or while using a mobile electronic device. [while such vehicle is in motion.] An operator of a motor vehicle who types, sends or reads a text message with a hand-held mobile telephone or mobile electronic device while [such vehicle is in motion] operating a motor vehicle shall be in violation of this section, except that if such operator is driving a commercial motor vehicle, as defined in section 14-1, as amended by this act, such operator shall be charged with a violation of subsection (e) of this section. |
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78 | 85 | | |
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79 | 86 | | (2) An operator of a motor vehicle who holds a hand-held mobile telephone to, or in the immediate proximity of, his or her ear while [such vehicle is in motion] operating a motor vehicle is presumed to be engaging in a call within the meaning of this section. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not engaged in a call. |
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80 | 87 | | |
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81 | 88 | | (3) The provisions of this subsection shall not be construed as authorizing the seizure or forfeiture of a hand-held mobile telephone or a mobile electronic device, unless otherwise provided by law. |
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82 | 89 | | |
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83 | 90 | | (4) Subdivision (1) of this subsection shall not apply to: (A) The use of a hand-held mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: An emergency response operator; a hospital, physician's office or health clinic; an ambulance company; a fire department; or a police department, or (B) any of the following persons while in the performance of their official duties and within the scope of their employment: A peace officer, as defined in subdivision (9) of section 53a-3, a firefighter or an operator of an ambulance or authorized emergency vehicle, as defined in section 14-1, as amended by this act, or a member of the armed forces of the United States, as defined in section 27-103, while operating a military vehicle, or (C) the use of a hand-held radio by a person with an amateur radio station license issued by the Federal Communications Commission in emergency situations for emergency purposes only, or (D) the use of a hands-free mobile telephone. |
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84 | 91 | | |
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85 | 92 | | (c) No person shall use a hand-held mobile telephone or other electronic device, including those with hands-free accessories, or a mobile electronic device while operating a [moving] school bus that is carrying passengers, except that this subsection shall not apply to (1) a school bus driver who places an emergency call to school officials, or (2) the use of a hand-held mobile telephone as provided in subparagraph (A) of subdivision (4) of subsection (b) of this section. |
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86 | 93 | | |
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87 | 94 | | (d) No person under eighteen years of age shall use any hand-held mobile telephone, including one with a hands-free accessory, or a mobile electronic device while operating a [moving] motor vehicle on a public highway, except as provided in subparagraph (A) of subdivision (4) of subsection (b) of this section. |
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88 | 95 | | |
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89 | 96 | | (e) No person shall type, read or send text or a text message with or from a mobile telephone or mobile electronic device while operating a commercial motor vehicle, as defined in section 14-1, as amended by this act, except for the purpose of communicating with any of the following regarding an emergency situation: An emergency response operator; a hospital; physician's office or health clinic; an ambulance company; a fire department or a police department. |
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90 | 97 | | |
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91 | 98 | | (f) Except as provided in subsections (b) to (e), inclusive, of this section, no person shall engage in any activity not related to the actual operation of a motor vehicle in a manner that interferes with the safe operation of such vehicle on any highway, as defined in section 14-1, as amended by this act. |
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92 | 99 | | |
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93 | 100 | | (g) Any law enforcement officer who issues a summons for a violation of this section shall record on such summons the specific nature of any distracted driving behavior observed by such officer. |
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94 | 101 | | |
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95 | 102 | | (h) Any person who violates this section shall be fined one hundred twenty-five dollars for a first violation, two hundred fifty dollars for a second violation and four hundred dollars for a third or subsequent violation. |
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96 | 103 | | |
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97 | 104 | | (i) An operator of a motor vehicle who commits a moving violation, as defined in subsection (a) of section 14-111g, while engaged in any activity prohibited by this section shall be fined in accordance with subsection (h) of this section, in addition to any penalty or fine imposed for the moving violation. |
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98 | 105 | | |
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99 | 106 | | (j) The state shall remit to a municipality twenty-five per cent of the fine amount received for a violation of this section with respect to each summons issued by such municipality. Each clerk of the Superior Court or the Chief Court Administrator, or any other official of the Superior Court designated by the Chief Court Administrator, shall, on or before the thirtieth day of January, April, July and October in each year, certify to the Comptroller the amount due for the previous quarter under this subsection to each municipality served by the office of the clerk or official. |
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100 | 107 | | |
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101 | 108 | | Sec. 11. Section 21-52 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013): |
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102 | 109 | | |
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103 | 110 | | (a) The fee for an application for a permit to erect or maintain any outdoor advertising structure, device or display shall be as follows: For each panel, bulletin, or sign containing less than three hundred square feet of advertising space, [fifty] one hundred dollars; and for each panel, bulletin or sign containing three hundred square feet or more of advertising space, [one] two hundred dollars. |
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104 | 111 | | |
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105 | 112 | | (b) The annual fee for such permit shall be as follows: For each panel, bulletin or sign containing three hundred square feet or less of advertising space, [twenty] forty dollars; for each panel, bulletin or sign containing more than three hundred and not more than six hundred square feet of advertising space, [forty] eighty dollars; and for each panel, bulletin or sign containing more than six hundred square feet and not more than nine hundred square feet of advertising space, [sixty] one hundred twenty dollars. No sign shall be erected which contains more than nine hundred square feet of advertising space. A fee shall be paid for each side of each panel, bulletin or sign used for advertising, provided, if two panels, bulletins or signs advertising the same products or services are attached to the same support or supports, only one annual permit fee shall be paid for each side thereof and the total advertising space on each side thereof shall be used for computing the annual permit fee of each panel, bulletin or sign. The annual permit fee for any part of a year shall bear the same proportion to the annual permit fee for an entire year that the number of months in such part bears to the entire year. If any such permit is transferred, the transferee shall be assessed a fee of one hundred dollars. |
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106 | 113 | | |
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118 | 125 | | |
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119 | 126 | | Sec. 15. Section 29-252a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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120 | 127 | | |
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121 | 128 | | (a) The State Building Code, including any amendment to said code adopted by the State Building Inspector and Codes and Standards Committee, shall be the building code for all state agencies and the Connecticut Airport Authority. |
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122 | 129 | | |
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123 | 130 | | (b) (1) No state or Connecticut Airport Authority building or structure or addition to a state or Connecticut Airport Authority building or structure: (A) That exceeds the threshold limits contained in section 29-276b and requires an independent structural review under said section, or (B) that includes residential occupancies for twenty-five or more persons, shall be constructed until an application has been filed by (i) the commissioner of an agency authorized to contract for the construction of buildings under the provisions of section 4b-1 or 4b-51, or (ii) the executive director of the Connecticut Airport Authority, with the State Building Inspector and a building permit is issued by the State Building Inspector. Two copies of the plans and specifications for the building, structure or addition to be constructed shall accompany the application. The commissioner of any such agency or the executive director of the Connecticut Airport Authority shall certify that such plans and specifications are in substantial compliance with the provisions of the State Building Code and, where applicable, with the provisions of the Fire Safety Code. The State Building Inspector shall review the plans and specifications for the building, structure or addition to be constructed to verify their compliance with the requirements of the State Building Code and, not later than thirty days after the date of application, shall issue or refuse to issue the building permit, in whole or in part. The State Building Inspector may request that the State Fire Marshal review such plans to verify their compliance with the Fire Safety Code. |
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124 | 131 | | |
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125 | 132 | | (2) On and after July 1, 1999, the State Building Inspector shall assess an education fee on each building permit application. During the fiscal year commencing July 1, 1999, the amount of such fee shall be sixteen cents per one thousand dollars of construction value as declared on the building permit application, and the State Building Inspector shall remit such fees, quarterly, to the Department of Construction Services, for deposit in the General Fund. Upon deposit in the General Fund, the amount of such fees shall be credited to the appropriation to the Department of Construction Services and shall be used for the code training and educational programs established pursuant to section 29-251c. On and after July 1, 2000, the assessment shall be made in accordance with regulations adopted pursuant to subsection (d) of section 29-251c. |
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126 | 133 | | |
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127 | 134 | | (c) All state agencies authorized to contract for the construction of any buildings or the alteration of any existing buildings under the provisions of section 4b-1 or 4b-51 or, for any such Connecticut Airport Authority building, the Connecticut Airport Authority, shall be responsible for substantial compliance with the provisions of the State Building Code, the Fire Safety Code and the regulations lawfully adopted under said codes for such building or alteration to such building, as the case may be. Such agencies and the Connecticut Airport Authority shall apply to the State Building Inspector for a certificate of occupancy for all buildings or alterations of existing buildings for which a building permit is required under subsection (b) of this section and shall certify compliance with the State Building Code, the Fire Safety Code and the regulations lawfully adopted under said codes for such building or alteration to such building, as the case may be, to the State Building Inspector prior to occupancy or use of the facility. |
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128 | 135 | | |
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129 | 136 | | (d) (1) No state or Connecticut Airport Authority building or structure erected or altered on and after July 1, 1989, for which a building permit has been issued pursuant to subsection (b) of this section, shall be occupied or used in whole or in part, until a certificate of occupancy has been issued by the State Building Inspector, certifying that such building or structure substantially conforms to the provisions of the State Building Code and the regulations lawfully adopted under said code and the State Fire Marshal has verified substantial compliance with the Fire Safety Code and the regulations lawfully adopted under said code for such building or alteration to such building, as the case may be. |
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130 | 137 | | |
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131 | 138 | | (2) No state or Connecticut Airport Authority building or structure erected or altered on and after July 1, 1989, for which a building permit has not been issued pursuant to subsection (b) of this section shall be occupied or used in whole or in part, until the commissioner of the agency erecting or altering the building or structure or, for any Connecticut Airport Authority building or structure, the executive director of the Connecticut Airport Authority, certifies to the State Building Inspector that the building or structure substantially complies with the provisions of the State Building Code, the Fire Safety Code and the regulations lawfully adopted under said codes for such building or alteration to such building, as the case may be. |
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132 | 139 | | |
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133 | 140 | | (e) The State Building Inspector or said inspector's designee may inspect or cause to be inspected any construction of buildings or alteration of existing buildings by state agencies or the Connecticut Airport Authority, except that said inspector or designee shall inspect or cause an inspection if the building being constructed includes residential occupancies for twenty-five or more persons. The State Building Inspector may order any state agency or the Connecticut Airport Authority to comply with the State Building Code. The commissioner may delegate such powers as the commissioner deems expedient for the proper administration of this part and any other statute related to the State Building Code to The University of Connecticut, provided the commissioner and the president of The University of Connecticut enter into a memorandum of understanding concerning such delegation of powers in accordance with section 10a-109ff. |
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134 | 141 | | |
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135 | 142 | | (f) The joint standing committee of the General Assembly having cognizance of matters relating to the Department of Construction Services may annually review the implementation date in subsection (b) of this section to determine the need, if any, for revision. |
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136 | 143 | | |
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137 | 144 | | (g) Any person aggrieved by any refusal to issue a building permit or certificate of occupancy under the provisions of this section or by an order to comply with the State Building Code or the Fire Safety Code may appeal, de novo, to the Codes and Standards Committee not later than seven days after the issuance of any such refusal or order. |
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138 | 145 | | |
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139 | 146 | | (h) State agencies and the Connecticut Airport Authority shall be exempt from the permit requirements of section 29-263 and the certificate of occupancy requirement under section 29-265. |
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140 | 147 | | |
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141 | 148 | | Sec. 16. Subsection (a) of section 16a-27 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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142 | 149 | | |
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143 | 150 | | (a) The secretary, after consultation with all appropriate state, regional and local agencies and other appropriate persons, shall, prior to March 1, 2012, complete a revision of the existing plan and enlarge it to include, but not be limited to, policies relating to transportation, energy and air. [Any revision made after May 15, 1991, shall identify the major transportation proposals, including proposals for mass transit, contained in the master transportation plan prepared pursuant to section 13b-15.] Any revision made after July 1, 1995, shall take into consideration the conservation and development of greenways that have been designated by municipalities and shall recommend that state agencies coordinate their efforts to support the development of a state-wide greenways system. The Commissioner of Energy and Environmental Protection shall identify state-owned land for inclusion in the plan as potential components of a state greenways system. |
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144 | 151 | | |
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145 | 152 | | Sec. 17. Subdivision (10) of section 25-201 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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146 | 153 | | |
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147 | 154 | | (10) "Major state plan" means [the master transportation plan adopted pursuant to section 13b-15,] the plan for development of outdoor recreation adopted pursuant to section 22a-21, the solid waste management plan adopted pursuant to section 22a-211, the state-wide plan for the management of water resources adopted pursuant to section 22a-352, the state-wide environmental plan adopted pursuant to section 22a-8, the plan for the disposal of dredged material for Long Island Sound, the historic preservation plan adopted under the National Historic Preservation Act, as amended, the state-wide facility and capital plan adopted pursuant to section 4b-23, the water quality management plan adopted under the federal Clean Water Act, the marine resources management plan, the plan for managing forest resources, the wildlife management plans and the salmon restoration plan; |
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148 | 155 | | |
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149 | 156 | | Sec. 18. Subsection (e) of section 25-204 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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150 | 157 | | |
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151 | 158 | | (e) After adoption pursuant to subsection (d) of this section of an inventory, statement of objectives and map, the river committee shall prepare a report on all federal, state and municipal laws, plans, programs and proposed activities which may affect the river corridor defined in such map. Such laws shall include regulations adopted pursuant to chapter 440 and zoning, subdivision and site plan regulations adopted pursuant to section 8-3. Such plans shall include plans of conservation and development adopted pursuant to section 8-23, the state plan for conservation and development, water utility supply plans adopted pursuant to section 25-32d, coordinated water system plans adopted pursuant to section 25-33h, municipal open space plans, the commissioner's fish and wildlife plans, [the master transportation plan adopted pursuant to section 13b-15,] plans prepared by regional planning agencies pursuant to section 8-31a, and publicly-owned wastewater treatment facility plans. State and regional agencies shall, within available resources, assist the river committee in identifying such laws, plans, programs and proposed activities. The report to be prepared pursuant to this section shall identify any conflicts between such federal, state, regional and municipal laws, plans, programs and proposed activities and the river committee's objectives for river corridor protection and preservation as reflected in the statement of objectives. If conflicts are identified, the river committee shall notify the applicable state, regional or municipal agencies and such agencies shall, within available resources, attempt with the river commission to resolve such conflicts. |
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152 | 159 | | |
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153 | 160 | | Sec. 19. Subdivision (4) of section 25-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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154 | 161 | | |
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155 | 162 | | (4) "Major state plan" means any of the following: The [master transportation plan adopted pursuant to section 13b-15, the] plan for development of outdoor recreation adopted pursuant to section 22a-21, the solid waste management plan adopted pursuant to section 22a-211, the state-wide plan for the management of water resources adopted pursuant to section 22a-352, the state-wide environmental plan adopted pursuant to section 22a-8, the historic preservation plan adopted under the National Historic Preservation Act, 16 USC 470 et seq., the state-wide facility and capital plan adopted pursuant to section 4b-23, the state's consolidated plan for housing and community development prepared pursuant to section 8-37t, the water quality management plan adopted under the federal Clean Water Act, 33 USC 1251 et seq., any plans for managing forest resources adopted pursuant to section 23-20 and the Connecticut River Atlantic Salmon Compact adopted pursuant to section 26-302; |
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156 | 163 | | |
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157 | 164 | | Sec. 20. Subsection (e) of section 25-234 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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158 | 165 | | |
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159 | 166 | | (e) After adoption of an inventory, statement of objectives and map, pursuant to subsection (d) of this section, the river commission shall prepare a report on all federal, state, regional and municipal laws, plans, programs and proposed activities that may affect the river corridor defined in such map. Such federal, state, regional and municipal laws shall include regulations adopted pursuant to chapter 440, and zoning, subdivision and site plan regulations adopted pursuant to section 8-3. Such federal, state, regional and municipal plans shall include plans of development adopted pursuant to section 8-23, the state plan for conservation and development, water utility supply plans submitted pursuant to section 25-32d, coordinated water system plans submitted pursuant to section 25-33h, [the master transportation plan adopted pursuant to section 13b-15,] plans prepared by regional planning organizations, as defined in section 4-124i, and plans of publicly owned wastewater treatment facilities whose discharges may affect the subject river corridor. State and regional agencies shall, within available resources, assist the river commission in identifying such laws, plans, programs and proposed activities. The report to be prepared pursuant to this section shall identify any conflicts between such federal, state, regional and municipal laws, plans, programs and proposed activities and the river commission's objectives for river corridor management as reflected in the statement of objectives. If conflicts are identified, the river commission shall notify the applicable state, regional or municipal agencies and such agencies shall, within available resources and in consultation with the river commission, attempt to resolve such conflicts. |
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160 | 167 | | |
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161 | 168 | | Sec. 21. Subsection (a) of section 1-2b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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162 | 169 | | |
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163 | | - | (a) For purposes of sections 1-100oo, 1-206, 2-71r, 4-176, 4-180, 4-183, 4a-52a, 4a-60q, 4a-63, 4a-100, 4e-34, 4e-35, 7-65, 7-148w, 7-247a, 7-473c, 7-478e, 8-3b, 8-3i, 8-7d, 8-26b, 8-169r, 8-293, 9-388, 9-608, 9-623, 10a-22c, 10a-22i, 10a-34a, 10a-109n, 12-35, 12-157, 12-242ii, 12-242jj, 13a-80, as amended by this act, [13a-85c,] 13a-123, as amended by this act, 15-11a, 16-41, 16-50c, 16-50d, 17a-103b, 19a-87, 19a-87c, 19a-209c, 19a-332e, 19a-343a, 19a-486a, 19a-486c, 19a-486d, 19a-497, 19a-507b, 20-205a, 20-325a, 21-63, 21-80, 22-7, 22a-6b, 22a-6u, 22a-30, 22a-42d, 22a-42f, 22a-66d, 22a-137, 22a-178, 22a-225, 22a-228, 22a-250, 22a-285b, 22a-354p, 22a-354s, 22a-354t, 22a-361, 22a-371, 22a-401, 22a-403, 22a-433, 22a-436, 22a-449f, 22a-449l, 22a-449n, 22a-504, 22a-626, 23-46, 23-65j, 23-651, 23-65p, 25-32, 25-32e, 25-331, 25-34, 25-204, as amended by this act, 25-234, as amended by this act, 29-108d, 31-57c, 31-57d, 31-355, 32-613, 33-663, 33-929, 33-1053, 33-1219, 34-521, 35-42, 36a-50, 36a-51, 36a-52, 36a-53, 36a-82, 36a-184, 36a-493, 36b-62, 36b-72, 38-323a, 38a-344, 38a-676, 38a-724, 38a-788, 42-158j, 42-161, 42-181, 42-182, 42-186, 42-271, 45a-716, 46b-115w, 46b-128, 47-42d, 47-74f, 47-88b, 47-236, 47-284, 47a-11b, 47a-11d, 47a-13a, 47a-14h, 47a-56b, 49-2, 49-4a, 49-8, 49-8a, 49-10b, 49-31b, 49-51, 49-70, 51-90e, 52-57, 52-59b, 52-63, 52-64, 52-195c, 52-350e, 52-351b, 52-361a, 52-362, 52-565a, 52-605, 52-606, 53-401, 53a-128, 53a-128d, 53a-207 and 54-82c and chapter 965, any reference to certified mail, return receipt requested, shall include mail, electronic, and digital methods of receiving the return receipt, including all methods of receiving the return receipt identified by the Mailing Standards of the United States Postal Service in Chapter 500 of the Domestic Mail Manual or any subsequent corresponding document of the United States Postal Service. |
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| 170 | + | (a) For purposes of sections 1-100oo, 1-206, 2-71r, 4-176, 4-180, 4-183, 4a-52a, 4a-60q, 4a-63, 4a-100, 4e-34, 4e-35, 7-65, 7-148w, 7-247a, 7-473c, 7-478e, 8-3b, 8-3i, 8-7d, 8-26b, 8-169r, 8-293, 9-388, 9-608, 9-623, 10a-22c, 10a-22i, 10a-34a, 10a-109n, 12-35, 12-157, 12-242ii, 12-242jj, 13a-80, [13a-85c,] 13a-123, 15-11a, 16-41, 16-50c, 16-50d, 17a-103b, 19a-87, 19a-87c, 19a-209c, 19a-332e, 19a-343a, 19a-486a, 19a-486c, 19a-486d, 19a-497, 19a-507b, 20-205a, 20-325a, 21-63, 21-80, 22-7, 22a-6b, 22a-6u, 22a-30, 22a-42d, 22a-42f, 22a-66d, 22a-137, 22a-178, 22a-225, 22a-228, 22a-250, 22a-285b, 22a-354p, 22a-354s, 22a-354t, 22a-361, 22a-371, 22a-401, 22a-403, 22a-433, 22a-436, 22a-449f, 22a-449l, 22a-449n, 22a-504, 22a-626, 23-46, 23-65j, 23-651, 23-65p, 25-32, 25-32e, 25-331, 25-34, 25-204, as amended by this act, 25-234, 29-108d, 31-57c, 31-57d, 31-355, 32-613, 33-663, 33-929, 33-1053, 33-1219, 34-521, 35-42, 36a-50, 36a-51, 36a-52, 36a-53, 36a-82, 36a-184, 36a-493, 36b-62, 36b-72, 38-323a, 38a-344, 38a-676, 38a-724, 38a-788, 42-158j, 42-161, 42-181, 42-182, 42-186, 42-271, 45a-716, 46b-115w, 46b-128, 47-42d, 47-74f, 47-88b, 47-236, 47-284, 47a-11b, 47a-11d, 47a-13a, 47a-14h, 47a-56b, 49-2, 49-4a, 49-8, 49-8a, 49-10b, 49-31b, 49-51, 49-70, 51-90e, 52-57, 52-59b, 52-63, 52-64, 52-195c, 52-350e, 52-351b, 52-361a, 52-362, 52-565a, 52-605, 52-606, 53-401, 53a-128, 53a-128d, 53a-207 and 54-82c and chapter 965, any reference to certified mail, return receipt requested, shall include mail, electronic, and digital methods of receiving the return receipt, including all methods of receiving the return receipt identified by the Mailing Standards of the United States Postal Service in Chapter 500 of the Domestic Mail Manual or any subsequent corresponding document of the United States Postal Service. |
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332 | | - | N-1 |
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333 | | - | |
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334 | | - | Where W = overall gross weight on any group of two or more consecutive axles to the nearest five hundred pounds, L = distance in feet between the extreme of any group of two or more consecutive axles, and N = number of axles in group under consideration, except that two consecutive sets of tandem axles may carry a gross load of sixty-eight thousand pounds, provided the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six feet or more. As used in this subsection, "agricultural commodity" means inputs limited to feed, seed and fertilizer and products of agriculture, as described in subsection (q) of section 1-1. |
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335 | | - | |
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336 | | - | Sec. 63. (Effective from passage) Notwithstanding any provision of the general statutes or any decision of a prior administrative proceeding, any private at-grade rail crossing that has provided highway access, for not less than twenty years to at least two single-family dwellings that do not have direct highway access, may provide such access to not more than three additional single-family dwellings that do not have direct highway access, provided the owners of all properties provided access by such private rail crossing shall be responsible for any rail crossing surface maintenance and repair, removal of any obstruction of view to the portion of the tracks crossing at-grade, including, but not limited to, any tree or shrub removal or trimming, and the maintenance and repair of existing passive rail traffic control measures, including signage. |
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337 | | - | |
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338 | | - | Sec. 64. (Effective from passage) The Department of Transportation shall place brown signs on Route 6 eastbound and westbound in Bethel near Old Hawleyville Road indicating the location of the Walnut Hill Community Church. |
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339 | | - | |
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340 | | - | Sec. 65. Subsection (a) of section 14-212a of the general statutes, as amended by section 1 of public act 13-92, is repealed and the following is substituted in lieu thereof (Effective October 1, 2013): |
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341 | | - | |
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342 | | - | (a) The Superior Court shall impose an additional fee equivalent to one hundred per cent of the fine established or imposed for the violation of the provisions of section 14-213, 14-213b, 14-214, 14-215, 14-216, 14-218a, 14-219, 14-220, 14-221, 14-222, 14-222a, 14-223, 14-224, 14-225, 14-227a, 14-230, 14-230a, 14-231, 14-232, 14-233, 14-235, 14-236, 14-237, 14-238, 14-238a, 14-239, 14-240, 14-240a, 14-241, 14-242, 14-243, 14-244, 14-245, 14-246a, 14-247, 14-247a, 14-248a, 14-249, 14-250, 14-250a, 14-257, 14-261, 14-266, 14-271, 14-273, 14-279, 14-281a, subsection (e) or (g) of section 14-283, section 14-289a, 14-289b or 14-296aa, as amended by this act, for any such violation committed (1) while construction work is ongoing within a highway construction zone designated in a conspicuous manner by the Department of Transportation, (2) while construction work is ongoing within a municipal road construction zone designated in a conspicuous manner by such municipality, (3) while utility work is ongoing within a utility work zone designated in a conspicuous manner by a public service company, as defined in section 16-1, or by a water company, as defined in section 25-32a, or (4) while activities are ongoing in a traffic incident management zone. [Fifty per cent of each such additional fee collected shall be deposited in the work zone safety account within the Special Transportation Fund established pursuant to section 6 of this act and used by the department for highway traffic enforcement, including, but not limited to, the expansion of the "Operation Big Orange" program, to protect the safety of workers in highway work zones, as defined in section 14-212d. ] |
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343 | | - | |
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344 | | - | Sec. 66. Section 6 of public act 13-92 is repealed and the following is substituted in lieu thereof (Effective October 1, 2013): |
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345 | | - | |
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346 | | - | (a) There is established an account to be known as the "work zone safety account" which shall be a separate, nonlapsing account within the Special Transportation Fund. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the Department of Transportation for the purposes of highway traffic enforcement, including, but not limited to, the expansion of the "Operation Big Orange" program, to protect the safety of workers in highway work zones, as defined in section 14-212d of the general statutes. |
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347 | | - | |
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348 | | - | (b) Upon receipt of the moneys paid pursuant to subdivisions (4) and (5) of subsection (b) of section 13b-61 of the general statutes, the State Treasurer shall transfer nine thousand dollars of such moneys monthly to the work zone safety account established in subsection (a) of this section. |
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349 | | - | |
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350 | | - | Sec. 67. Subsection (a) of section 13b-69 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013): |
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351 | | - | |
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352 | | - | (a) [The] Except as provided in subsection (b) of section 6 of public act 13-92, as amended by this act, 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, and then to pay from the Transportation Strategy Board projects account of the Special Transportation Fund, established under section 13b-57r, the incremental revenues identified in approved annual financing plans for cash funding in accordance with the provisions of section 13b-57q. |
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353 | | - | |
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354 | | - | Sec. 68. Section 13b-11b of the general statutes, as amended by section 10 of substitute house bill 6363 of the current session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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355 | | - | |
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356 | | - | (a) It shall be the state-wide goal: (1) To increase passenger vehicle occupancy levels and the use of public transportation, (2) to increase average occupancy levels to one and two-tenths persons per car by the year 2000, and (3) to increase the use of public transportation and ride sharing so that at least ten per cent of all trips between home and places of employment occur in vehicles occupied by more than one person by the year 2000. |
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357 | | - | |
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358 | | - | (b) The Connecticut Public Transportation Commission shall monitor progress toward achieving the goals established in subsection (a) of this section and, on or before January 10, 1991, and annually thereafter, shall report its findings and recommendations to the joint standing committees of the General Assembly having cognizance of matters relating to transportation and the environment. |
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359 | | - | |
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360 | | - | [(b)] (c) On or before January 1, 1991, the Department of Transportation shall report to the General Assembly on a strategy necessary to increase passenger vehicle occupancy levels to one and one-quarter persons per car by the year 2010. |
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361 | | - | |
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362 | | - | Sec. 69. Subsection (a) of section 13b-17 of the general statutes, as amended by section 11 of substitute house bill 6363 of the current session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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363 | | - | |
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364 | | - | (a) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, for the efficient conduct of the business of the department. The commissioner may delegate (1) to the Deputy Commissioner of Transportation any of the commissioner's duties and responsibilities; (2) to the bureau chief for an operating bureau any of the commissioner's duties and responsibilities which relate to the functions to be performed by that bureau; [and] (3) to the Connecticut Public Transportation Commission any of the commissioner's duties and responsibilities which relate to the functions to be performed by the commission; and (4) to other officers, employees and agents of the department any of the commissioner's duties and responsibilities that the commissioner deems appropriate, to be exercised under the commissioner's supervision and direction. |
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365 | | - | |
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366 | | - | Sec. 70. Subsection (a) of section 13b-57d of the general statutes, as amended by section 12 of substitute house bill 6363 of the current session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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367 | | - | |
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368 | | - | (a) As used in subsection (d) of section 74 of this act, this section and sections 13b-57f, 13b-57h, 13b-212d and 14-270e: |
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369 | | - | |
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370 | | - | (1) "Department" means the Department of Transportation; |
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371 | | - | |
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372 | | - | (2) "Commissioner" means the Commissioner of Transportation; |
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373 | | - | |
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374 | | - | (3) "TIA corridor plan" means a twenty-year strategic plan for transportation in a corridor and any updates or other revisions to such plan; |
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375 | | - | |
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376 | | - | (4) "Transportation project" means any planning, capital or operating project with regard to transportation undertaken by the state; |
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377 | | - | |
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378 | | - | (5) "Local planning agency" means a metropolitan planning organization, as provided in 23 USC 134, a regional planning agency, as provided in section 8-31a, a regional council of elected officials, as defined in subdivision (2) of section 4-124i, or a council, as defined in subsection (f) of section 4-124c; |
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379 | | - | |
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380 | | - | (6) "TIA" means transportation investment area; |
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381 | | - | |
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382 | | - | (7) "Coastal corridor" and "coastal corridor TIA" means the following towns and the roads, highways, bridges, waterways, ports and airports in such towns: Ansonia, Beacon Falls, Bethany, Bethel, Bethlehem, Branford, Bridgeport, Bridgewater, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, New Milford, Newtown, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Thomaston, Trumbull, Wallingford, Waterbury, Watertown, West Haven, Weston, Westport, Wilton, Wolcott, Woodbridge and Woodbury; |
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383 | | - | |
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384 | | - | (8) "I-84 corridor" and "I-84 TIA" means the following towns and the roads, highways, bridges, waterways, ports and airports in such towns: Andover, Ansonia, Avon, Barkhamsted, Beacon Falls, Berlin, Bethel, Bethlehem, Bloomfield, Bolton, Bridgewater, Bristol, Brookfield, Burlington, Canaan, Canton, Cheshire, Colebrook, Cornwall, Danbury, Derby, East Granby, East Hartford, East Windsor, Ellington, Enfield, Farmington, Glastonbury, Goshen, Granby, Hartford, Hartland, Harwinton, Hebron, Kent, Litchfield, Manchester, Marlborough, Middlebury, Morris, Naugatuck, New Britain, New Fairfield, New Hartford, New Milford, Newington, Newtown, Norfolk, North Canaan, Oxford, Plainville, Plymouth, Prospect, Redding, Ridgefield, Rocky Hill, Roxbury, Salisbury, Seymour, Sharon, Shelton, Sherman, Simsbury, Somers, South Windsor, Southbury, Southington, Stafford, Suffield, Thomaston, Tolland, Torrington, Union, Vernon, Warren, Washington, Waterbury, Watertown, West Hartford, Wethersfield, Winchester, Windsor, Windsor Locks, Wolcott and Woodbury; |
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385 | | - | |
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386 | | - | (9) "I-91 corridor" and "I-91 TIA" means the following towns and the roads, highways, bridges, waterways, ports and airports in such towns: Andover, Avon, Berlin, Bethany, Bloomfield, Bolton, Branford, Bristol, Burlington, Canton, Chester, Clinton, Cromwell, Deep River, Durham, East Granby, East Haddam, East Hampton, East Hartford, East Haven, East Windsor, Ellington, Enfield, Essex, Farmington, Glastonbury, Granby, Guilford, Haddam, Hamden, Hartford, Hebron, Killingworth, Lyme, Madison, Manchester, Marlborough, Meriden, Middlefield, Middletown, Milford, New Britain, New Haven, Newington, North Branford, North Haven, Old Lyme, Old Saybrook, Orange, Plainville, Plymouth, Portland, Rocky Hill, Simsbury, Somers, South Windsor, Southington, Suffield, Tolland, Vernon, Wallingford, West Hartford, West Haven, Westbrook, Wethersfield, Windsor, Windsor Locks and Woodbridge; |
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387 | | - | |
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388 | | - | (10) "I-395 corridor" and "I-395 TIA" means the following towns and the roads, highways, bridges, waterways, ports and airports in such towns: Ashford, Bozrah, Brooklyn, Canterbury, Chaplin, Colchester, Columbia, Coventry, East Lyme, Eastford, Franklin, Griswold, Groton, Hampton, Killingly, Lebanon, Ledyard, Lisbon, Mansfield, Montville, New London, North Stonington, Norwich, Plainfield, Pomfret, Preston, Putnam, Salem, Scotland, Sprague, Stafford, Sterling, Stonington, Thompson, Union, Voluntown, Waterford, Willington, Windham and Woodstock; |
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389 | | - | |
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390 | | - | (11) "Southeast corridor" and "Southeast corridor TIA" means the following towns and the roads, highways, bridges, waterways, ports and airports in such towns: Bozrah, Chester, Clinton, Colchester, Deep River, East Lyme, Essex, Franklin, Griswold, Groton, Killingworth, Ledyard, Lisbon, Lyme, Montville, New London, North Stonington, Norwich, Old Lyme, Old Saybrook, Preston, Salem, Sprague, Stonington, Voluntown, Waterford and Westbrook; and |
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391 | | - | |
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392 | | - | (12) "Modal" means a mode of transportation, and "multimodal" means two or more modes of transportation. |
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393 | | - | |
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394 | | - | Sec. 71. Section 13b-212a of the general statutes, as amended by section 13 of substitute house bill 6363 of the current session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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395 | | - | |
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396 | | - | (a) The Commissioner of Transportation shall develop a contingency plan for any disruption of rail passenger service on the New Haven line including the New Canaan, Waterbury and Danbury branches due to a strike, equipment failure, malfunction of the Cos Cob generating plant or any other event that would require passengers to seek alternative transportation, and submit the plan to the joint standing committee of the General Assembly having cognizance of matters relating to transportation on or before January 15, 1986. The commissioner shall regularly review the contingency plan and shall regularly consult with town and municipal officials, the Connecticut Public Transportation Commission and the joint standing committee of the General Assembly having cognizance of matters relating to transportation concerning the contingency plan. The contingency plan shall include specific provisions concerning weekend rail service, service on the New Haven line and the New Canaan, Danbury and Waterbury branches, service for commuters traveling to New Haven in the morning and to New York in the evening and service to areas between New Haven and New York. The commissioner may revise the contingency plan whenever he deems it necessary. |
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397 | | - | |
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398 | | - | (b) The Commissioner of Transportation shall designate one or more persons, associations or corporations engaged in the operation of motor bus services in accordance with the provisions of chapter 244 to provide transportation services to rail passengers during any disruption of rail service on the New Haven line, or any branch of such line. The commissioner shall specify the name and address of any such person, association or corporation in a revised contingency plan developed in accordance with the provisions of this section. The commissioner shall submit such plan to the joint standing committee of the General Assembly having cognizance of matters relating to transportation on or before January 15, 1987. |
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399 | | - | |
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400 | | - | Sec. 72. Section 13b-212c of the general statutes, as amended by section 15 of substitute house bill 6363 of the current session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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401 | | - | |
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402 | | - | The Connecticut Commuter Rail Council shall study and investigate all aspects of the daily operation of commuter rail lines in the state, monitor their performance and recommend changes to improve the efficiency and the quality of service of the operation of such lines. The council may request and shall receive from any department, division, board, bureau, commission, agency, public authority of the state or any political subdivision thereof such assistance and data as it requests and will enable it to properly carry out its activities for the purposes set forth in this section. The council shall also work with the Department of Transportation to advocate for customers of all commuter lines in the state and shall make recommendations for improvements to such lines. The council shall report its findings and recommendations annually on or before January fifteenth, to the Governor, the Commissioner of Transportation, the Connecticut Public Transportation Commission, the General Assembly, the Metro North Rail Commuter Council located in New York and the management advisory board of the office of the inspector general of the Metropolitan Transportation Authority located in New York. |
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403 | | - | |
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404 | | - | Sec. 73. Subsection (g) of section 2c-2h of the general statutes, as amended by section 39 of substitute house bill 6363 of the current session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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405 | | - | |
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406 | | - | (g) Not later than July 1, 2020, and not later than every ten years thereafter, the joint standing committee of the General Assembly having cognizance of any of the following governmental entities or programs shall conduct a review of the applicable entity or program in accordance with the provisions of section 2c-3: |
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407 | | - | |
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408 | | - | (1) Office of Long Term Care Ombudsman, established under section 17a-400; |
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409 | | - | |
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410 | | - | (2) Regulation of nursing home administrators pursuant to chapter 368v; |
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411 | | - | |
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412 | | - | (3) Regulation of hearing aid dealers pursuant to chapter 398; |
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413 | | - | |
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414 | | - | (4) Plumbing and Piping Work Board, established under section 20-331; [and] |
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415 | | - | |
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416 | | - | (5) Commission on Children, established under section 46a-126; and [. ] |
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417 | | - | |
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418 | | - | (6) Connecticut Public Transportation Commission, established under section 74 of this act. |
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419 | | - | |
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420 | | - | Sec. 74. (NEW) (Effective July 1, 2013) (a) There shall be in the Department of Transportation a Connecticut Public Transportation Commission which shall be a successor to the Connecticut Public Transportation Authority and which shall consist of nineteen members, who are electors of the state. Eleven of such members shall be appointed by the Governor, one of whom shall be a representative of business and industry and a regular user of railroad or truck freight service; one a regular commuter using railroad passenger service; one a regular bus user; one who is permanently mobility impaired and a frequent bus user; one a working member of a railroad labor union; one a working member of a bus labor union; one a representative of railroad company management; one a representative of trucking company management; two representatives from separate local transit districts, and one a person sixty years of age or older. The remaining eight members shall have a background or interest in public transportation and be appointed as follows: Two by the president pro tempore of the Senate; two by the minority leader of the Senate; two by the speaker of the House of Representatives; and two by the minority leader of the House of Representatives. The Commissioner of Transportation, the Commissioner of Energy and Environmental Protection, the Secretary of the Office of Policy and Management and the cochairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to transportation, or their respective designees, shall serve as nonvoting, ex-officio members of the commission. The term of each member of the commission shall be four years. Vacancies on said commission shall be filled for the remainder of the term in the same manner as original appointments. |
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421 | | - | |
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422 | | - | (b) The commission shall advise and assist the commissioner, the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to transportation in the performance of their functions and duties relating to the planning, development and maintenance of adequate rail, bus and motor carrier facilities and rail, bus and other public transportation services including the adequacy of such services for elderly and disabled users in the state and any other matters affecting the quality of public transportation facilities and services in the state. At least once each year, the commission shall hold public hearings in each of the metropolitan areas, as determined by the commission, within the state for the purpose of evaluating the adequacy of such rail, bus, motor carrier and other public transportation facilities. |
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423 | | - | |
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424 | | - | (c) The commission shall assist the commissioner in developing regulations to formalize arrangements between the department and local transit districts, between local transit districts and transit system operators and between local transit districts. |
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425 | | - | |
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426 | | - | (d) On or before January first, annually, the commission shall submit in writing to the commissioner and the Governor (1) a list of public transportation projects, which, if undertaken by the state, would further the policy set forth in section 13b-32 of the general statutes, including projects specifically for elderly and disabled users; (2) recommendations for improvements to existing public transportation service and projects, incorporating transportation service and projects relative to the needs of elderly and disabled persons and 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 notify members of the joint standing committees of the General Assembly having cognizance of matters relating to transportation and finance, revenue and bonding, on or before January first, annually, of the availability of the commissioner's comments and analysis of priorities. A written copy or electronic storage media of such comments and analysis shall be distributed to members of such committee who request them. The commissioner shall meet with the commission at least once during each calendar quarter. |
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427 | | - | |
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428 | | - | (e) 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, the Governor and the General Assembly may delegate to it. |
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429 | | - | |
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430 | | - | (f) Subject to the provisions of chapter 67 of the general statutes, and when authorized to do so by the commissioner, the Governor or the General Assembly, the commission may appoint such officers, agents and employees and may retain and employ other consultants or assistants on a contract or other basis for rendering legal, financial, technical or other assistance or advice as may be required to carry out duties or responsibilities. The staff of the department shall be available to assist the commission. |
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431 | | - | |
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432 | | - | (g) The members of the commission shall receive no compensation for their services as members but shall be reimbursed for the expenses actually and necessarily incurred by them in the performance of their duties. No member of the commission who is otherwise a public officer or employee shall suffer a forfeiture of his office or employment, or any loss or diminution in the rights and privileges pertaining thereto, by reason of such membership. |
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433 | | - | |
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434 | | - | (h) 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. |
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435 | | - | |
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436 | | - | (i) The members of the commission shall elect one of the members as chairperson with the responsibility to act as presiding officer at meetings of the commission. Regular meetings shall be held at least once in each calendar month and as often as deemed necessary by a majority of members. Any member absent from (1) three consecutive meetings of the commission, or (2) fifty per cent of such meetings during any calendar year shall be deemed to have resigned from the commission, effective on the date that the chairperson notifies the official who appointed such member. |
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437 | | - | |
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438 | | - | (j) The commission shall have access through the Department of Transportation to all records, reports, plans, schedules, operating rules and other documents prepared by rail and bus companies operating under contract with the state of Connecticut which pertain to the operations of such companies and to any documents that the commission may require from the department to carry out its responsibilities under this section and sections 13b-16, 13b-17 and 16-343 of the general statutes, provided this subsection shall not apply to any plans, proposals, reports and other documents pertaining to current or pending negotiations with employee bargaining units. |
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439 | | - | |
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440 | | - | Sec. 75. (Effective from passage) The portion of Route 137 in Stamford from West Broad Street northerly to High Ridge Road shall be designated the "Master Sergeant Homer Lee Wise WW II Medal of Honor Recipient Memorial Highway". |
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441 | | - | |
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442 | | - | Sec. 76. Section 13b-69 of the general statutes is amended by adding subsection (d) as follows (Effective July 1, 2015): |
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443 | | - | |
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444 | | - | (NEW) (d) The resources of the Special Transportation Fund shall be used only for transportation purposes. |
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445 | | - | |
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446 | | - | Sec. 77. Section 13b-97 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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447 | | - | |
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448 | | - | (a) No person, association, limited liability company or corporation shall operate a taxicab until such person, association, limited liability company or corporation has obtained a certificate from the Department of Transportation certifying that public convenience and necessity require the operation of a taxicab or taxicabs for transportation of passengers, the acceptance or solicitation of which originates within the territory specified in such certificate except as provided under subsection (d) of this section. No such certificate shall be issued unless the department finds that the person, association, limited liability company or corporation is suitable to operate a taxicab service, after giving due consideration to, at a minimum, the following factors: (1) Any convictions of the applicant under federal, state or local laws relative to safety, motor vehicle or criminal violations; (2) the number of taxicabs to be operated under the certificate, provided no applicant for a new certificate shall operate fewer than three taxicabs; (3) the adequacy of the applicant's financial resources to operate the taxicab service; (4) the adequacy of insurance coverage and safety equipment; and (5) the availability of qualified taxicab operators. The commissioner shall request the state criminal history records check for any person or any officer of any association, limited liability company or corporation applying for such certificate from the State Police Bureau of Identification. The commissioner shall arrange for the fingerprinting of any person or any officer of any association, limited liability company or corporation applying for such certificate and forward the fingerprints to said bureau which shall submit the fingerprints to the Federal Bureau of Investigation for a national criminal history records check for any federal conviction specified in subdivision (1) of this subsection. The commissioner shall charge a fee for each such national criminal history records check which shall be equal to the fee charged by the Federal Bureau of Investigation for performing such check. Such certificate shall be issued only after written application, fingerprinting and said criminal history records check for the same has been made and public hearing held thereon. The application shall be accompanied by a fee of two thousand dollars and the fee for said criminal history records check. Upon receipt of such application, the department shall fix a time and place of hearing thereon, provided such hearing shall be held not earlier than three months after such receipt, and shall promptly give written notice of the pendency of such application and of the time and place of hearing thereon to such applicant, the mayor of each city, the warden of each borough or the first selectman of each town in which the applicant desires to originate the transportation of such passengers, and to any common carrier operating within the territory specified. Notwithstanding any provision of this subsection to the contrary, the department may, upon receipt of a written application, amend an existing certificate to increase the number of taxicabs which may be operated pursuant to the certificate without holding a hearing on the application, provided the department issues a legal notice of such application in a daily newspaper in accordance with the provisions of section 1-2, gives written notice of the pendency of such application to any common carrier operating within the territory specified and no objection is filed with the department within thirty days of each such notice. |
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449 | | - | |
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450 | | - | (b) Any town, city or borough within which taxicab service is operated or any interested party may bring a written petition to the department with respect to fares, service, operation or equipment or the convenience, protection and safety of passengers and the public. Thereupon, the department may fix a time and place for a hearing upon such petition, and give written notice thereof to the parties in interest at least one week prior to such hearing. |
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451 | | - | |
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452 | | - | (c) No certificate shall be sold or transferred until the department, upon written application to it setting forth the purpose, terms and conditions thereof, and after investigation, finds that the purchaser or transferee is suitable to operate a taxicab service after consideration of the factors specified in subsection (a) of this section and approves the same. The application shall be accompanied by a fee of one thousand dollars. The department may amend or, for sufficient cause shown, may suspend or revoke any such certificate. The department may impose a civil penalty on any person or any officer of any association, limited liability company or corporation or any driver who violates any provision of this chapter or any regulation adopted under section 13b-96 with respect to fares, service, operation or equipment, in an amount not to exceed one hundred dollars per day for each violation. Any such certificate issued by the department shall remain valid unless suspended or revoked by the department. Any such certificate issued by the Division of Public Utility Control within the Department of Business Regulation prior to October 1, 1979, or by any transit district prior to March 1, 1997, shall remain valid unless suspended or revoked by the Department of Transportation. |
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453 | | - | |
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454 | | - | (d) Any person, association, limited liability company or corporation which has obtained a certificate under subsection (a) of this section, after providing proof that service has been active, adequate within the territory specified in such certificate and in compliance with all relevant statutes and regulations for a period of not less than two years since such certificate was obtained, may solicit, receive and discharge taxicab passengers at Bradley International Airport, subject to formal agreement with the Commissioner of Transportation provided such agreement shall not take precedence over its obligation to provide taxicab service within the territory specified in such certificate. Any such person, association, limited liability company or corporation may discharge taxicab passengers received at such airport within a territory other than the territory specified in its certificate. The commissioner may charge and collect a reasonable fee from any such person, association, limited liability company or corporation for the privilege of solicitation of such passengers. |
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455 | | - | |
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456 | | - | Sec. 78. Subsection (a) of section 13b-99 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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457 | | - | |
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458 | | - | (a) Upon the granting of a certificate of public convenience and necessity as provided in section 13b-97, the holder thereof may apply to the Commissioner of Motor Vehicles for the registration of any taxicab of which the holder is the owner or lessee and which is to be used as specified in such certificate, and the Commissioner of Motor Vehicles shall have jurisdiction over the registration of any taxicab and its exterior lighting equipment and over the licensing of its operator. Each registered taxicab shall have a permanently attached electric rooftop light. Each registered taxicab shall indicate, in three-inch type permanently affixed to the outside of such taxicab, the phone number of the company operating such taxicab. |
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459 | | - | |
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460 | | - | Sec. 79. Section 13b-97b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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461 | | - | |
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462 | | - | Any person who (1) operates a taxicab, or advertises taxicab services, without obtaining a certificate from the Department of Transportation pursuant to section 13b-97 or obtaining authority to operate a taxicab from a holder of such a certificate, or (2) allows an unauthorized person to operate a taxicab, which is under such person's control, shall be guilty of a class A misdemeanor. |
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463 | | - | |
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464 | | - | Sec. 80. Section 35 of public act 09-186 is repealed. (Effective from passage) |
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465 | | - | |
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466 | | - | Sec. 81. Sections 13a-85c and 13b-15 of the general statutes are repealed. (Effective July 1, 2013) |
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| 656 | + | Joint Favorable |
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