Connecticut Seal

General Assembly

 

Substitute Bill No. 6540

    January Session, 2011

 

*_____HB06540JUD___042711____*

AN ACT CONCERNING HIGHWAY SAFETY, STATE FACILITY TRAFFIC AUTHORITIES, MUNICIPAL BUILDING DEMOLITION, STATE TRAFFIC COMMISSION CERTIFICATES, BUS SERVICE, AT GRADE CROSSINGS, THE NAMING OF ROADS AND BRIDGES IN HONOR OR IN MEMORY OF PERSONS AND ORGANIZATIONS, AND A TRAIN STATION IN NIANTIC.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective from passage) (a) The Governor shall do all things necessary or convenient, on behalf of the state, to secure all benefits available to the state under the federal Highway Safety Act of 1966, as amended from time to time. The Governor shall designate the Department of Transportation to administer the highway safety program and coordinate highway safety activities within the state. The Governor shall communicate with the federal government with respect to the state highway safety program.

(b) The Governor, or a person within the Department of Transportation designated by the Governor, is authorized to establish standards and procedures for the content, coordination, submission and approval of highway safety programs, including, but not limited to, highway safety education and the integration and coordination of safety efforts at the state and local levels, with the goal of reducing highway deaths and injuries. The Department of Transportation, with the approval of the Governor, may adopt regulations in accordance with the provisions of chapter 54 of the general statutes, to implement such highway safety programs.

Sec. 2. Section 10a-79 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

The Board of Trustees of the Community-Technical Colleges shall appoint a committee at each regional community-technical college to establish traffic and parking regulations for passenger vehicles at such college. Such traffic committee, subject to the approval of said board and of the State Traffic Commission, may: [prohibit] (1) Prohibit, limit or restrict the parking of passenger vehicles; [,] (2) determine speed limits; [,] (3) install stop signs; (4) restrict roads or portions thereof to one-way traffic; [and] (5) designate the location of crosswalks on any portion of any road or highway subject to the care, custody and control of said board of trustees; [,] (6) order signs to [have] be erected and maintained [signs] designating such prohibitions or restrictions; [,] and (7) impose a fine upon any person who fails to comply with any such prohibition or restriction. All fines so imposed at each regional community-technical college, less an amount not to exceed the cost of enforcing traffic and parking regulations, shall be deposited in the institutional operating account of such college for scholarships and library services or acquisitions. The Board of Trustees of the Community-Technical Colleges shall establish at each regional community-technical college a committee which shall hear appeals of penalties assessed for parking or traffic violations. The membership of both the committee to establish traffic and parking regulations and the committee to hear traffic violation appeals shall include student and faculty representation.

Sec. 3. Subsection (a) of section 10a-139 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(a) The trustees of The University of Connecticut, subject to the approval of the State Traffic Commission, may: [prohibit] (1) Prohibit, limit or restrict the parking of vehicles; [, may] (2) determine speed limits; [, may] (3) install stop signs; (4) restrict roads or portions thereof to one-way traffic; [and may] (5) designate the location of crosswalks on any portion of any road or highway upon the grounds controlled by The University of Connecticut; [,] and [may] (6) erect and maintain signs designating such prohibitions or restrictions. Any person who fails to comply with any such prohibition or restriction shall be fined. Violation of any provision of this subsection shall be an infraction.

Sec. 4. Section 17a-24 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

The superintendent of any institution in the Department of Children and Families, subject to the approval of the Commissioner of Children and Families and the State Traffic Commission, may: [prohibit] (1) Prohibit, limit, restrict or regulate the parking of vehicles; [, may] (2) determine speed limits; [, may] (3) install stop signs; (4) restrict roads or portions thereof to one-way traffic; [and may] (5) designate the location of crosswalks on any portion of any road or highway upon the grounds of the respective institutions; [,] and [may] (6) erect and maintain signs designating such prohibitions or restrictions. Security officers or institutional patrolmen appointed to act as state policemen on state institution grounds under the provisions of section 29-18, may arrest or issue summons for violation of such regulations, restrictions or prohibitions. Any person who fails to comply with any such prohibition or restriction shall be fined not more than five dollars, and the court or traffic or parking authority having jurisdiction of traffic or parking violations in the town in which the institution is located shall have jurisdiction of violations of this section.

Sec. 5. Section 17a-465 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

The superintendent or director of any state-operated facility within the Department of Mental Health and Addiction Services, subject to the approval of the Commissioner of Mental Health and Addiction Services and the State Traffic Commission, may: [prohibit] (1) Prohibit, limit, restrict or regulate the parking of vehicles; [, may] (2) determine speed limits; [, may] (3) install stop signs; (4) restrict roads or portions thereof to one-way traffic; [and may] (5) designate the location of crosswalks on any portion of any road or highway upon the grounds of the respective facilities; [,] and [may] (6) erect and maintain signs designating such prohibitions or restrictions. Agency police appointed to act as state policemen on the grounds of state-operated facilities under the provisions of section 29-18 may arrest or issue summons for violation of such restrictions or prohibitions. Any person who fails to comply with any such prohibition or restriction shall be fined not more than twenty-five dollars, and the court or traffic or parking authority having jurisdiction of traffic or parking violations in the town in which such facility is located shall have jurisdiction over violations of this section.

Sec. 6. Section 19a-33 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

The superintendent or director of any state-operated facility within the Department of Public Health, subject to the approval of the Commissioner of Public Health and the State Traffic Commission, may: [prohibit] (1) Prohibit, limit, restrict or regulate the parking of vehicles; [, may] (2) determine speed limits; [, may] (3) install stop signs; (4) restrict roads or portions thereof to one-way traffic; [and may] (5) designate the location of crosswalks on any portion of any road or highway upon the grounds of the respective facilities; [,] and [may] (6) erect and maintain signs designating such prohibitions or restrictions. Security officers or institutional patrolmen appointed to act as state policemen on state institution grounds under the provisions of section 29-18 may arrest or issue summons for violation of such restrictions or prohibitions. Any person who fails to comply with any such prohibition or restriction shall be fined not more than twenty-five dollars, and the court or traffic or parking authority having jurisdiction of traffic or parking violations in the town in which such facility is located shall have jurisdiction over violations of this section.

Sec. 7. Section 27-107 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(a) The Commissioner of Public Safety shall assign one or more state policemen for duty at the [home] Veterans' Home as may be requested by the commissioner.

(b) The [commissioner] Commissioner of Veterans' Affairs, subject to the approval of the State Traffic Commission, may: [prohibit] (1) Prohibit, limit, restrict or regulate the parking of vehicles; [, may] (2) determine speed limits; [, may] (3) install stop signs; (4) restrict roads or portions thereof to one-way traffic; [and may] (5) designate the location of crosswalks on any portion of any road or highway upon the grounds of the Veterans' Home; [,] and [may] (6) erect and maintain signs designating such prohibitions or restrictions. Security officers or institutional patrolmen appointed to act as state policemen under the provisions of section 29-18 may arrest or issue a summons for violation of such restrictions or prohibitions. Any person who fails to comply with any such prohibition or restriction shall be fined not more than twenty-five dollars, and the court or traffic or parking authority having jurisdiction of traffic or parking violations in the town of Rocky Hill shall have jurisdiction over violations of this section.

Sec. 8. Section 10a-92 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

The Board of Trustees of the Connecticut State University System shall appoint a committee at each campus to establish traffic and parking regulations for passenger vehicles on such campus. Such traffic committee, subject to the approval of said board and of the State Traffic Commission, may: [prohibit] (1) Prohibit, limit or restrict the parking of passenger vehicles; [,] (2) determine speed limits; [,] (3) install stop signs; [,] (4) restrict roads or portions thereof to one-way traffic; [and] (5) designate the location of crosswalks on any portion of any road or highway subject to the care, custody and control of said board of trustees; [,] (6) order signs to [have] be erected and maintained [signs] designating such prohibitions or restrictions; [,] and (7) impose a fine upon any person who fails to comply with any such prohibition or restriction. Violation of any provision of this section shall be an infraction. All fines so imposed at each state university, less an amount not to exceed the cost of enforcing traffic and parking regulations, shall be deposited in the institutional operating account of such state university for scholarships and library services or acquisitions. The Board of Trustees of the Connecticut State University System shall establish at each campus a committee which shall hear appeals of penalties assessed for parking or traffic violations. The membership of both the committee to establish traffic and parking regulations and the committee to hear traffic violation appeals shall include student and faculty representation.

Sec. 9. Section 29-406 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) No person shall demolish any building, structure or part thereof without obtaining a permit for the particular demolition undertaking from the building official of the town, city or borough wherein such building or part thereof is located. No person shall be eligible to receive a permit under this section unless [he] such person furnishes written notice to the building official [written evidence] (1) of financial responsibility in the form of a certificate of insurance specifying demolition purposes and providing liability coverage for bodily injury of at least one hundred thousand dollars per person with an aggregate of at least three hundred thousand dollars, and for property damage of at least fifty thousand dollars per accident with an aggregate of at least one hundred thousand dollars; each such certificate shall provide that the town or city and its agents shall be saved harmless from any claim or claims arising out of the negligence of the applicant or his agents or employees in the course of the demolition operations; (2) in the form of a certificate of notice executed by all public utilities having service connections within the premises proposed to be demolished, stating that such utilities have severed such connections and service; and (3) that he is the holder of a current valid license issued under the provisions of section 29-402, except in the case of (A) a person who is engaged in the disassembling, transportation and reconstruction of historic buildings for historical purposes or who is engaged in the demolition of farm buildings or in the renovation, alteration or reconstruction of a single-family residence, or (B) an owner who is engaged in the demolition of a single-family residence or outbuilding, as provided in subsection (c) of section 29-402. No permit shall be issued under this section unless signed by the owner and the demolition contractor. Each such permit shall contain a printed intention on the part of the signers to comply with the provisions of this part.

(b) In addition to the powers granted pursuant to this part, any town, city or borough may impose, by ordinance, [impose] a waiting period of not more than one hundred eighty days before granting any permit for the demolition of any building or structure or any part thereof, except when the demolition permit is required for the removal of a structure acquired by the Department of Transportation for a transportation project.

Sec. 10. Section 14-262 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(a) The following vehicles shall not be operated upon any highway or bridge without a special written permit from the Commissioner of Transportation, as provided in section 14-270, as amended by this act, specifying the conditions under which they may be so operated:

(1) A vehicle, combination of vehicle and trailer or commercial vehicle combination, including each such vehicle's load, which is wider than one hundred two inches or its approximate metric equivalent of two and six-tenths meters or one hundred two and thirty-six-hundredths inches, including its load, but not including the following safety devices: Reasonably sized rear view mirrors, turn signals, steps and handholds for entry and egress, spray and splash suppressant devices, load-induced tire bulge and any other state-approved safety device which the Commissioner of Transportation determines is necessary for the safe and efficient operation of such a vehicle or combination, provided no such state-approved safety device protrudes more than three inches from each side of the vehicle or provided no such device has by its design or use the capability to carry cargo. Such permit shall not be required in the case of (A) farm equipment, (B) a vehicle or combination of vehicle and trailer loaded with hay or straw, (C) a school bus equipped with a folding stop sign or exterior mirror, as approved by the Commissioner of Motor Vehicles, which results in a combined width of bus and sign or bus and mirror in excess of that established by this subsection, (D) a trailer designed and used exclusively for transporting boats when the gross weight of such boats does not exceed four thousand pounds, or (E) a recreation vehicle with appurtenances, including safety devices and retracted shade awnings, no greater than six inches on each side for a maximum allowance of twelve inches; and

(2) A combination of truck and trailer which is longer than sixty-five feet except (A) a combination of truck and trailer or tractor and semitrailer loaded with utility poles, both trailer and semitrailer having a maximum length of forty-eight feet, utility poles having a maximum length of fifty feet and the overall length not to exceed eighty feet, (B) a trailer designed and used exclusively for transporting boats when the gross weight of such boats does not exceed four thousand pounds, (C) a tractor-trailer unit, (D) a commercial vehicle combination, (E) combinations of vehicles considered as specialized equipment in 23 CFR 658.13(e), as amended, having a maximum overall length of sixty-five feet on traditional automobile transporters, with the fifth wheel located on the tractor frame over the rear axle or axles, including low boys, or a maximum overall length of seventy-five feet on stinger-steered automobile transporters, excluding front and rear cargo overhangs, provided the front cargo overhang shall not exceed three feet and the rear overhang shall not exceed four feet. Extendable ramps used to achieve such three-foot front overhang and four-foot rear overhang shall be excluded from the measurement of overall length and shall be retracted when they are not supporting vehicles, or (F) a tractor equipped with a dromedary box operated in combination with a semitrailer which tractor and semitrailer do not exceed seventy-five feet in overall length.

(b) A special written permit may not be issued by the Commissioner of Transportation for a combination of vehicles consisting of a vehicle drawing a combination of three or more trailers or semitrailers, except any such combination engaged in the transportation of an indivisible load.

(c) The maximum length, including load, of a single unit vehicle shall be forty-five feet and the maximum length, including load, of the semitrailer portion of a tractor-trailer unit shall be forty-eight feet. A trailer greater than forty-eight feet and less than or equal to fifty-three feet in length, that has a distance of no more than forty-three feet between the kingpin and the center of the rearmost axle with wheels in contact with the road surface, may be operated on (1) unless posted otherwise, United States and Connecticut routes numbered from 1 to 399, inclusive, 450, 476, 508, 693 and 695 and the national system of interstate and defense highways, and (2) state and local roads for up to one mile from the routes and system specified in subdivision (1) of this subsection for access to terminals, facilities for food, fuel, repair and rest, and points of loading and unloading. The Commissioner of Transportation shall permit additional routes upon application of carriers or shippers provided the proposed additional routes meet the permit criteria of the Department of Transportation. Such length limitation shall be exclusive of safety and energy conservation devices, such as refrigeration units, air compressors or air shields and other devices, which the Secretary of the federal Department of Transportation may interpret as necessary for the safe and efficient operation of such vehicles, provided no such device has by its design or use the capability to carry cargo.

(d) Violation of any provision of this section shall be subject to a fine of five hundred dollars.

Sec. 11. Section 14-262b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Notwithstanding section 14-270, as amended by this act, the Commissioner of Transportation shall establish a program for the purpose of issuing permits allowing the following vehicles to be operated upon any highway or bridge: (1) A mobile home with a width greater than fourteen feet but no greater than sixteen feet; (2) a mobile home attached to a towing vehicle which has a combined length of one hundred feet or less if such [towing vehicle] mobile home has a length over eighty feet; or (3) a mobile home attached to a towing vehicle which has a combined length of one hundred four feet if such [towing vehicle] mobile home has a length of eighty feet or less. Such permit shall specify conditions under which such mobile home shall be permitted to operate, including, but not limited to, the period of time such operation shall be authorized. For the purposes of this section, "mobile home" shall have the same meaning as in section 21-64a. The Commissioner of Transportation shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

Sec. 12. Subsection (k) of section 14-267a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(k) (1) Any driver of a vehicle who fails or refuses when directed by such official, upon a weighing of the vehicle, to comply with such official's directions shall be fined not less than one hundred dollars or more than two hundred dollars for the first offense and not less than two hundred dollars or more than five hundred dollars for each subsequent offense.

(2) Any driver of a vehicle who (A) exits a limited access highway on which a scale or safety inspection site is in operation with intent to circumvent the provisions of subsection (h) of this section, without a bona fide business purpose, (B) parks on a limited access highway on which a scale or safety inspection site is in operation with intent to circumvent the provisions of subsection (h) of this section, without a bona fide reason requiring such vehicle to be parked, or [(B)] (C) fails to comply with the provisions of subsection (h) of this section shall be fined not less than two hundred fifty dollars or more than five hundred dollars for the first offense and not less than five hundred dollars or more than one thousand dollars for each subsequent offense.

Sec. 13. Section 14-270 of the general statutes is amended by adding subsection (i) as follows (Effective from passage):

(NEW) (i) A person operating a vehicle under a forged permit shall be subject to a minimum fine of twenty-five thousand dollars, in addition to any other penalties which may be assessed, and such vehicle shall be impounded until payment of such fine or fines, or until order of the superior court. As used in this subsection, "forged permit" means a permit for a nonconforming vehicle that is subject to the provisions of this section, that has been falsely made, completed or altered, and "falsely made", "falsely completed" and "falsely altered" have the same meaning as set forth in section 53a-137.

Sec. 14. Subsection (a) of section 14-311 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(a) No person, firm, corporation, state agency, or municipal agency or combination thereof shall build, expand, establish or operate any open air theater, shopping center or other development generating large volumes of traffic, having an exit or entrance on, or abutting or adjoining, any state highway or substantially affecting state highway traffic within this state until such person or agency has procured from the State Traffic Commission a certificate that the operation thereof will not imperil the safety of the public, except that: (1) Any development that contains one hundred or fewer residential units shall not be required to obtain such a certificate if such development is a residential-only development and not part of a mixed-use development containing office, retail or other such nonresidential uses, and (2) any development that contains seventy-five or fewer residential units and has an associated club house or similar amenity that is open to the public shall not be required to obtain such a certificate.

Sec. 15. Subsection (c) of section 14-311c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(c) The State Traffic Commission shall issue its decision on an application for a certificate under subsection (a) of this section not later than one hundred twenty days after it is filed, except that, if the commission needs additional information from the applicant, it shall notify the applicant in writing as to what information is required and (1) the commission may toll the running of such one-hundred-twenty-day period by the number of days between and including the date such notice is received by the applicant and the date the additional information is received by the commission and (2) if the commission receives the additional information during the last ten days of the one-hundred-twenty-day period and needs additional time to review and analyze such information, it may extend such period by not more than fifteen days. [The State Traffic Commission may also, at its discretion, postpone action on any application submitted pursuant to this section or section 14-311a until such time as it is shown that an application has been filed with and approved by the municipal planning and zoning agency or other responsible municipal agency.]

Sec. 16. (Effective from passage) The Department of Transportation shall establish fixed route bus service between the New Haven train station and the campus of Southern Connecticut State University, New Haven.

Sec. 17. (NEW) (Effective from passage) The Commissioner of Transportation, or the commissioner's designee, shall attend a public hearing concerning the safety and condition of a railroad crossing at grade, upon receipt by the commissioner of a petition that requests the commissioner to attend such hearing and is signed by twenty-five or more electors of the municipality in which such crossing is located.

Sec. 18. (Effective from passage) The portion of Route 79 located in Durham shall be named the "David Lavine Memorial Highway".

Sec. 19. (Effective from passage) The portion of Route 83 located in Vernon shall be named the "Thomas Wolff Memorial Highway".

Sec. 20. (Effective from passage) The portion of highway located between Exit 13 of I-91 and Route 5 in Wallingford shall be named the "Major Rauol Lufbery Highway".

Sec. 21. (Effective from passage) Two signs shall be placed on Route 9 to designate the exit for the Ivoryton Playhouse in the Ivoryton section of Essex. One sign shall be placed on Route 9 northbound, before Exit 3, and the other shall be placed on Route 9 southbound, before Exit 5.

Sec. 22. (Effective from passage) The Department of Transportation shall place a sign on one of the concrete supports of the railroad bridge that crosses through the downtown shopping district in Milford. Such sign shall direct shoppers to additional downtown retail locations and shall contain the words "More Shops Ahead" or similar language.

Sec. 23. (Effective from passage) Route 434 in East Haddam easterly to Smith Road shall be named the "Constable Thomas D. Jahelka Memorial Highway".

Sec. 24. (Effective from passage) The western section of Route 214 in Ledyard, between Route 117 and Route 12, shall be named the "Wesley J. Johnson, Sr. Memorial Highway".

Sec. 25. (Effective from passage) The portion of Route 75 in Newington that runs eastward from Fenn Road to Main Street shall be named the "Newington Police Department Memorial Highway".

Sec. 26. (Effective from passage) The Route 8 bridge and overpass #0581 over Hull Street, Ansonia, in the northbound and southbound lanes, shall be named the "Brigadier General Brian F. Phipps Memorial Bridge".

Sec. 27. (Effective from passage) Route 151 (Town Street) between Route 149 and Route 82 in East Haddam shall be named the "Jacinta Marie Bunnell Memorial Way".

Sec. 28. (Effective from passage) The bridge on Route 44 in Avon shall be named the "Corporal Gildo T. Consolini Memorial Bridge".

Sec. 29. (Effective from passage) The scale house located in Middletown shall be named the "Trooper Kenneth Hall Memorial Scale House".

Sec. 30. (Effective from passage) The Route 7 bridge crossing over Little Brook, north of Sunny Valley Road in New Milford, shall be named the "Officer Donald Hassiak Memorial Bridge".

Sec. 31. (Effective from passage) Indian Well Road in Shelton shall be named the "Police Sergeant Orville Smith Memorial Road".

Sec. 32. (Effective from passage) The Department of Transportation shall immediately commence a feasibility study of the establishment of a passenger train station in Niantic. The study shall examine all steps necessary for the establishment of such station and shall include an estimate of the time and funding required for the completion of each such step and a projected date for completion of such station. The department shall use existing budgetary resources for the performance of such study and shall submit a progress report to the joint standing committee of the General Assembly having cognizance of matters relating to transportation, not later than February 15, 2012.

Sec. 33. Section 13a-27 of the general statutes is repealed. (Effective from passage)

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

New section

Sec. 2

October 1, 2011

10a-79

Sec. 3

October 1, 2011

10a-139(a)

Sec. 4

October 1, 2011

17a-24

Sec. 5

October 1, 2011

17a-465

Sec. 6

October 1, 2011

19a-33

Sec. 7

October 1, 2011

27-107

Sec. 8

October 1, 2011

10a-92

Sec. 9

from passage

29-406

Sec. 10

October 1, 2011

14-262

Sec. 11

from passage

14-262b

Sec. 12

from passage

14-267a(k)

Sec. 13

from passage

14-270

Sec. 14

October 1, 2011

14-311(a)

Sec. 15

October 1, 2011

14-311c(c)

Sec. 16

from passage

New section

Sec. 17

from passage

New section

Sec. 18

from passage

New section

Sec. 19

from passage

New section

Sec. 20

from passage

New section

Sec. 21

from passage

New section

Sec. 22

from passage

New section

Sec. 23

from passage

New section

Sec. 24

from passage

New section

Sec. 25

from passage

New section

Sec. 26

from passage

New section

Sec. 27

from passage

New section

Sec. 28

from passage

New section

Sec. 29

from passage

New section

Sec. 30

from passage

New section

Sec. 31

from passage

New section

Sec. 32

from passage

New section

Sec. 33

from passage

Repealer section

TRA

Joint Favorable Subst.

 

JUD

Joint Favorable