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Substitute Senate Bill No. 93

PUBLIC ACT NO. 96-222

AN ACT REVISING CERTAIN TRANSPORTATION LAWS.

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

Section 1. Section 3-14b of the general statutes is repealed and the following is substituted in lieu thereof:

Prior to the sale of any parcel of land, or a portion thereof owned by the state, except a transfer or conveyance to the party against whom foreclosure was taken or who conveyed to the state in lieu of foreclosure under the provisions of section 17b-138, the [State Treasurer] STATE AGENCY, DEPARTMENT OR INSTITUTION RESPONSIBLE FOR THE SALE OF SUCH LAND shall first notify in writing the chief executive officer or officers of the municipality in which such land is situated of the state's intention to sell such land, and no agreement to sell such land may be entered into or sale may be made by the state except as follows: (a) Within forty-five days after such notice has been so given, such chief executive officer or officers may give written notice to the state of the municipality's desire to purchase such land and shall have the right to purchase the interest in the land which the state has declared its intent to sell, subject to conditions of sale acceptable to the state.

(b) If the chief executive officer or officers of the municipality fail to give notice, as provided in subsection (a) of this section, or give notice to the state of the municipality's desire not to purchase such land, such municipality shall have waived its right to purchase the land in accordance with the terms of this section.

(c) Within sixty days after notice has been given by the municipality of its desire to purchase such land, as provided in subsection (a) of this section, the state acting through the [State Treasurer] STATE AGENCY, DEPARTMENT OR INSTITUTION shall sell such land to the municipality, provided the state and the municipality agree upon the conditions of sale and the amount to be paid therefor.

(d) If the municipality fails to purchase such land within sixty days after notice has been given by the municipality of its desire to purchase the land, as provided in subsection (a) of this section, such municipality shall have waived rights to purchase the land in accordance with the terms of this section, subject to the provisions of subsection (e) of this section.

(e) Notwithstanding the provisions of subsections (b) and (d) of this section, if the state thereafter proposes to sell such land to any person upon terms different than those offered to the municipality, the state shall first notify the municipality of such proposal, in the manner provided in subsection (a) of this section, and of the terms of such proposed sale, and such municipality shall have the option to purchase such land upon such terms and may thereupon, in the same manner and within the same time limitations as are provided in subsections (a) and (c), inclusive, of this section, proceed to purchase such land.

Sec. 2. Section 13a-86 of the general statutes is repealed and the following is substituted in lieu thereof:

The commissioner may construct or reconstruct any bridge on any highway maintained by him when, in his opinion, public convenience and necessity so require. Any bridge constructed or reconstructed on any such highway with two or more lanes shall have a clear width of roadway of not less than twenty-eight feet exclusive of the width of any sidewalk, unless in the judgment of the commissioner a lesser width is warranted. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE CONSTRUCTION OR RECONSTRUCTION OF ANY BRIDGE ON ANY HIGHWAY MAINTAINED BY A MUNICIPALITY.

Sec. 3. Section 13b-15 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The commissioner shall develop and revise [annually] BIENNIALLY a comprehensive, long-range, master transportation plan designed to fulfill the present and future needs of the state and to assure the development and maintenance of an adequate, safe and efficient transportation system. In developing the plan the commissioner shall investigate and study all existing transportation facilities and services in the state and shall examine the feasibility of planning a long-term commercial transportation system, with the goal of coordinating all transportation services, including airports, seaports, rail, freight and transit systems. The commissioner shall give particular consideration to reports and studies prepared under the auspices of the Connecticut interregional planning program relating to the planning and development of the state and any existing reports, surveys, plans or studies relating to transportation prepared for or by any agency of the state.

(b) In such plan the commissioner shall: (1) Set forth his recommendations for planning, engineering, acquisition of rights-of-way, construction and reconstruction and rehabilitation and modernization of transportation facilities; (2) consider, among other things, federal air quality standards, conservation and cost of energy supplies, present and projected travel volumes, reduction in travel volumes due to the implementation of transportation management programs, safety, maintenance costs and other sufficiency factors where appropriate, as well as long-range land use, environmental impact, energy impact and economic development patterns of the state; (3) indicate the order of priority of need for improvements within each mode of transportation, according to his judgment; and (4) indicate the priorities for the next [one,] two and five-year periods, both by need and by fiscal capability, in the area of public transportation. The indication of such priorities for public transportation shall include an individual accounting of the amount and source of all funding for each potential program and an approximate timetable, including the starting and completion dates for each potential program.

(c) The commissioner shall, relative to the Intermodal Surface Transportation Efficiency Act of 1991: (1) Identify the funds to be received annually in the following categories; interstate construction, interstate maintenance, national highway system, bridge, surface transportation program, interstate transfer, congestion mitigation and air quality, metropolitan planning, special projects and any other category designation under the act; (2) identify the projects to be funded annually through each funding category; (3) identify the projects to be funded annually through each category, as a result of the change in formulas and new flexibility allowed under the Intermodal Surface Transportation Efficiency Act of 1991; (4) identify which projects shall require the expenditure of state funds to leverage federal funds; (5) identify the amount and percentage of state funds which must be expended for each project in order to leverage federal funds; (6) identify the amount of federal funds which may be expended annually to repair local bridges identified as being in poor condition; (7) identify the economic impact of the federal funds allocated to the state in terms of job creation or retention; (8) identify the mass transit projects to be funded; (9) identify the manner in which the department intends to comply with the requirements of the Clean Air Act, as amended by P.L. 101-549 and how the department intends to expend any funds allocated to the department to achieve the goals of the act and (10) identify with specificity the expenditures to be made from funds received in the congestion mitigation and air quality grant in relation to the needs identified by employers in their compliance plans submitted pursuant to substitute house bill 5659 of the February, 1992, regular session.

(d) In such plan the commissioner shall identify the amount of funds and projects to be undertaken pursuant to the Americans with Disabilities Act of 1990.

(e) The plan shall be completed and submitted [annually] BIENNIALLY to the Governor and the General Assembly on or before January [tenth] THIRTY-FIRST OF EACH ODD-NUMBERED YEAR.

(f) In developing and revising the plan the commissioner may: (1) Conduct public hearings; (2) consult and cooperate with officials and representatives of the federal government, neighboring states, interstate commissions and authorities, local agencies and authorities, interested corporations and other organizations concerning problems affecting transportation in the state; (3) request and receive from any agency or other unit of the government of the state or of any political subdivision thereof, or from any public authority, such assistance and data as may be necessary to enable the commissioner to carry out his responsibilities under this section; (4) to the extent he may deem appropriate, make use of, and incorporate in the plan, any existing long-range transportation plan, survey or report developed by any public or private agency or person; and (5) employ consultants.

(g) Copies of the plan, as revised, shall be kept on file as a public record in the office of the commissioner.

Sec. 4. Section 13b-79a of the general statutes is repealed and the following is substituted in lieu thereof:

Not later than October 1, 1984, and [semiannually] ANNUALLY thereafter, the Commissioner of Transportation shall report to the joint standing committees having cognizance of matters relating to the Department of Transportation, to finance, revenue, capital bonding and taxation, and to appropriations and the budgets of state agencies on the status and progress of the transportation program authorized pursuant to special act 84-52 and sections 3-21a, 3-27a, 3-27f, 12-458 and 12-458d, subsection (c) of section 13a-80a, sections 13a-175p to 13a-175u, inclusive, subsection (f) of section 13b-42, sections 13b-59, 13b-61, 13b-69, 13b-71, 13b-74 to 13b-77, inclusive, 13b-80, subsection (a) of section 13b-97, subsection (a) of section 14-12, sections 14-15, 14-16a and 14-21c, subsection (a) of section 14-25a, section 14-28, subsection (b) of section 14-35, subsection (b) of section 14-41, section 14-41a, subsection (a) of section 14-44, sections 14-47, 14-48b, 14-49 and 14-50, subsection (a) of section 14-50a, sections 14-52, 14-53 and 14-58, subsection (c) of section 14-66, subsection (e) of section 14-67, sections 14-67a, 14-67d, 14-67l and 14-69, subsection (e) of section 14-73, subsection (c) of section 14-96q, sections 14-103a and 14-160, subsection (a) of section 14-164a, subsection (a) of section 14-192, sections 14-319, 14-320 and 14-381, subsection (b) of section 14-382 and sections 14-383 and 15-14. Each report shall include, but not be limited to: (1) Information on the number of lane miles of state and local roadway repaved, the number and location of state and local bridges rehabilitated, the status of intrastate and interstate highway projects and the interstate trade-in projects and mass transportation and aeronautics programs; (2) relative to such projects: Project costs, timeliness of completion and any problems which have developed in implementation; and (3) a schedule of projects remaining and their expected costs. The commissioner shall also report the amount of revenue available from all sources for such remaining projects, and expected receipts for such remaining projects the succeeding four quarters.

Sec. 5. Section 13b-79b of the general statutes is repealed and the following is substituted in lieu thereof:

The Commissioner of Transportation shall submit a report not later than October 1, 1984, and [semiannually] ANNUALLY thereafter, to the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding, transportation and appropriations and the budgets of state agencies, with respect to the Special Transportation Fund established under section 13b-68. Each such report shall, for the preceding [six-month] TWELVE-MONTH period, (1) specify the moneys credited to such fund on account of, or derived from, each source of state and federal revenue, (2) specify the amount of investment earnings from the fund, (3) specify the moneys from such fund applied and expended for (A) the payment of debt service requirements, as defined in section 13b-75, (B) the payment of the principal of and interest on general obligation bonds of the state issued for transportation purposes, as defined in section 13b-69, and (C) each budgeted account under the annual budget appropriation made to the Department of Transportation, (4) specify (A) the number of lane miles of state and local roadway repaved, the number and location of state and local bridges rehabilitated, the status of intrastate and interstate highway projects and the interstate trade-in projects and mass transportation and aeronautics programs, (B) relative to such projects: Project costs, timeliness of completion and any problems which have developed in implementation and (C) a schedule of projects remaining and their expected costs, (5) specify the amount of all expenditures from the Special Transportation Fund for the purchase of highway related equipment and (6) indicate the number of new positions for the Department of Transportation (A) approved by the Secretary of the Office of Policy and Management and (B) filled by the department and describe the responsibilities of each such position.

Sec. 6. Section 12-249 of the general statutes is repealed and the following is substituted in lieu thereof:

Each corporation operating a railroad, and carrying on business for profit in this state, shall, on or before July first, annually, pay a tax computed upon its gross earnings from all sources from operations in this state; gross earnings being all receipts classified as railway operating revenues by the Interstate Commerce Commission OR ITS SUCCESSOR AGENCY in the classification of accounts prescribed by said commission. No deduction shall be made from such gross earnings for any commission, rebate or other payment, except a refund resulting from an error or overcharge.

Sec. 7. Subdivision (28) of section 12-407 of the general statutes, as amended by sections 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof: (28) "Transportation service" means the transportation of any person over any distance by any person required to be authorized to provide such transportation by the Department of Transportation or the Interstate Commerce Commission OR ITS SUCCESSOR AGENCY, or both, in order to provide such transportation, exclusive of transportation services rendered by (A) any person along a regular, scheduled route; (B) any person causing to be operated a taxicab, as defined in section 13b-95 or (C) any person causing to be operated a commercial motor vehicle, as defined in subparagraph (B) of subdivision (11) of subsection (a) of section 14-1.

Sec. 8. Subdivision (70) of section 12-412 of the general statutes, as amended by section 5 of public act 95-359, is repealed and the following is substituted in lieu thereof: (70) (A) Sales of and the storage, use or other consumption of commercial trucks, truck tractors, tractors and semitrailers, and vehicles used in combination therewith, which (i) have a gross vehicle weight rating in excess of twenty-six thousand pounds or (ii) are operated actively and exclusively during the period commencing upon its purchase and ending one year after the date of purchase for the carriage of interstate freight pursuant to a certificate or permit issued by the Interstate Commerce Commission OR ITS SUCCESSOR AGENCY. As used in this subsection, "gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of the single or combination vehicle and, if the manufacturer has not specified a value for a towed vehicle, means the value specified for the towing vehicle plus the loaded weight of the towed unit. (B) Each purchaser of a commercial truck, truck tractor, tractor or semitrailer or vehicle used in combination therewith exempt from tax pursuant to the provisions of subparagraph (A)(ii) of this subsection shall, in order to qualify for said exemption, present to the retailer (i) a copy of the certificate or permit that was issued by the Interstate Commerce Commission OR ITS SUCCESSOR AGENCY to the purchaser and (ii) a certificate, in such form as the commissioner may prescribe, certifying that such commercial truck, truck tractor, tractor or semitrailer or vehicle used in combination therewith will be operated actively and exclusively for the carriage of interstate freight. The purchaser shall be liable for the tax otherwise imposed if, during the period commencing upon its purchase and ending one year after the date of purchase, such commercial truck, truck tractor, tractor or semitrailer or vehicle used in combination therewith is not operated actively and exclusively for the carriage of interstate freight. Sec. 9. Subdivision (70) of section 12-412 of the general statutes, as amended by section 5 of public act 95-359, is repealed and the following is substituted in lieu thereof: (70) (A) Sales of and the storage, use or other consumption of commercial trucks, truck tractors, tractors and semitrailers, and vehicles used in combination therewith, which (i) have a gross vehicle weight rating in excess of twenty-six thousand pounds or (ii) are operated actively and exclusively during the period commencing upon its purchase and ending one year after the date of purchase for the carriage of interstate freight pursuant to a certificate or permit issued by the Interstate Commerce Commission OR ITS SUCCESSOR AGENCY. As used in this subsection, "gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of the single or combination vehicle and, if the manufacturer has not specified a value for a towed vehicle, means the value specified for the towing vehicle plus the loaded weight of the towed unit. (B) Each purchaser of a commercial truck, truck tractor, tractor or semitrailer or vehicle used in combination therewith exempt from tax pursuant to the provisions of subparagraph (A)(ii) of this subsection shall, in order to qualify for said exemption, present to the retailer (i) a copy of the certificate or permit that was issued by the Interstate Commerce Commission OR ITS SUCCESSOR AGENCY to the purchaser and (ii) a certificate, in such form as the commissioner may prescribe, certifying that such commercial truck, truck tractor, tractor or semitrailer or vehicle used in combination therewith will be operated actively and exclusively for the carriage of interstate freight. The purchaser shall be liable for the tax otherwise imposed if, during the period commencing upon its purchase and ending one year after the date of purchase, such commercial truck, truck tractor, tractor or semitrailer or vehicle used in combination therewith is not operated actively and exclusively for the carriage of interstate freight.

Sec. 10. Section 13b-80 of the general statutes, as amended by section 1 of public act 95-126, is repealed and the following is substituted in lieu thereof:

No person, association or corporation shall operate a motor bus without having obtained a certificate from the Department of Transportation or from the Interstate Commerce Commission OR ITS SUCCESSOR AGENCY pursuant to the Bus Regulatory Reform Act of 1982, P.L. 97-261, specifying the route and certifying that public convenience and necessity require the operation of a motor bus or motor buses over such route. Such certificate shall be issued only after written application for the same has been made and public hearing held thereon. Upon receipt of such application, said department shall fix a time and place of hearing thereon, and shall promptly give written notice of the pendency of such application and of such time and place to such applicant, the mayor of each city, the warden of each borough or the first selectman of each town in or through which the applicant desires to operate, and to any common carrier operating over any portion of such route or over a route substantially parallel thereto. Any town, city or borough within which, or between which and any other town, city or borough in this state, any such common carrier is furnishing service may bring a written petition to the department in respect to routes, fares, speed, schedules, continuity of service and the convenience and safety of passengers and the public. Thereupon the department shall fix a time and place for a hearing upon such petition and shall mail notice thereof to the parties in interest and give notice thereof at least one week prior to such hearing. No such 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, approves the same. The application shall be accompanied by a fee of fifty dollars, and on and after July 1, 1985, a fee of seventy-five dollars, on and after July 1, 1989, a fee of one hundred thirteen dollars, on and after July 1, 1991, a fee of one hundred forty-one dollars, and on and after July 1, 1993, a fee of one hundred seventy-six dollars. The department may amend or, for sufficient cause shown, may suspend or revoke any such certificate. The owner or operator of every motor bus shall display in a conspicuous place therein a memorandum of such certificate. Notwithstanding any provision of chapter 285, such certificate shall include authority to transport baggage, express, mail and newspapers for hire in the same vehicle with passengers under such regulations as the department may prescribe. Any certificate issued pursuant to this section by the Division of Public Utility Control within the Department of Business Regulation prior to October 1, 1979, shall remain valid unless suspended or revoked by the Department of Transportation.

Sec. 11. Section 13b-89 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) No person, association or corporation shall operate a motor bus over highways within this state between points outside this state or between points within this state and points outside this state and indiscriminately receive or discharge passengers without having obtained a permit from the Department of Transportation to be issued upon written application to said department specifying the route or routes within this state over which such motor bus may operate and the terminals within this state. Permits may be issued without hearing in the discretion of said department. Any permit issued pursuant to this section by the Division of Public Utility Control within the Department of Business Regulation prior to October 1, 1979, shall remain valid unless suspended or revoked by the Department of Transportation.

(b) The Department of Transportation may amend or, for sufficient cause shown, may suspend or revoke any such permit.

(c) A holder of such permit shall not operate a motor bus in the transportation of passengers for hire between points within this state without securing from (1) the Department of Transportation a certificate of public convenience and necessity in accordance with the provisions of sections 13b-80 to 13b-85, inclusive, or (2) the Interstate Commerce Commission OR ITS SUCCESSOR AGENCY a certificate pursuant to the Bus Regulatory Reform Act of 1982, P.L. 97-261.

(d) Upon the granting of a permit, the holder thereof may apply for the registration of any motor bus of which he is the owner or lessee and which is to be used as specified in such permit, and the Commissioner of Motor Vehicles shall have jurisdiction over the registration of any such motor bus and its exterior lighting equipment and over the licensing of its operator.

Sec. 12. Section 13b-109 of the general statutes is repealed and the following is substituted in lieu thereof:

A printed advertisement concerning a motor vehicle in livery service shall conspicuously state the number of the permit issued to the operator of such vehicle by the Department of Transportation pursuant to section 13b-103 and shall conspicuously state the number of any permit or registration issued to such operator by the Interstate Commerce Commission OR ITS SUCCESSOR AGENCY.

Sec. 13. Section 13b-410a of the general statutes, as amended by section 19 of public act 95-126, is repealed and the following is substituted in lieu thereof:

The Commissioner of Motor Vehicles shall adopt regulations in accordance with chapter 54 to implement the participation by this state in the single state registration system, as established by standards adopted by the Interstate Commerce Commission OR ITS SUCCESSOR AGENCY in the Code of Federal Regulations, Title 49, Part 1023, as amended pursuant to United States Public Law 102-240, the Intermodal Surface Transportation Efficiency Act of 1991. Such regulations shall require the payment to the state, by or on behalf of interstate motor carriers regulated by the Interstate Commerce Commission OR ITS SUCCESSOR AGENCY, of annual fees for the filing of proof of insurance. Such fees shall equal the amount previously required, as of November 15, 1991, of such carriers for the purchase of identification stamps, except that the amount and the method of payment of such fees by such carriers shall not conflict with the provisions of the standards adopted by said commission.

Sec. 14. Section 13b-410b of the general statutes, as amended by section 20 of public act 95-126, is repealed and the following is substituted in lieu thereof:

The Commissioner of Motor Vehicles shall adopt regulations in accordance with chapter 54 to provide for the payment of annual fees by motor carriers for hire exempted from Interstate Commerce Commission OR ITS SUCCESSOR AGENCY regulation for the filing with the state of proof of insurance. Such fee shall be ten dollars for each vehicle that such carrier intends to operate.

Sec. 15. Section 13b-411 of the general statutes, as amended by section 22 of public act 95-126, is repealed and the following is substituted in lieu thereof:

Nothing in this chapter shall apply to rates charged, minimum or otherwise, for the transportation of household goods by motor vehicle for a household goods carrier not subject to this chapter, when the service rendered is a combination of railroad and motor vehicle and when the rate charged the public for transporting such goods has been published and filed with the Commissioner of Transportation or the Interstate Commerce Commission OR ITS SUCCESSOR AGENCY.

Sec. 16. Subsection (d) of section 14-49 of the general statutes is repealed and the following is substituted in lieu thereof:

(d) For the registration of each motor bus, except a motor bus owned and operated by a multiple-state passenger carrier as hereinafter defined, the commissioner shall charge a fee of forty-seven dollars and such registration shall be sufficient for all types of operation under this chapter. On and after July 1, 1992, the fee shall be fifty-three dollars. For the registration of motor buses owned or operated by a multiple-state passenger carrier, the commissioner shall charge registration fees based on the rate of one dollar per hundredweight of the gross weight, such gross weight to be computed by adding the light weight of the vehicle fully equipped for service to one hundred fifty pounds per passenger for the rated seating capacity, plus the sum of thirty-four dollars, and on and after July 1, 1992, one dollar and twenty-five cents plus the sum of thirty-nine dollars. The fee in each case shall be determined on an apportionment basis commensurate with the use of the highways of this state as herein provided. The commissioner shall require the registration of that percentage of the motor buses of such multiple-state passenger carrier operating into or through the state which the mileage of such motor buses actually operated in the state bears to the total mileage of all such motor buses operated both within and without the state. Such percentage figures shall be the mileage factor. In computing the registration fees on the number of such motor buses which are allocated to the state for registration purposes under the foregoing formula, the commissioner shall first compute the amount that the registration fees would be if all such motor buses were in fact subject to registration in the state, and then apply to such amount the mileage factor above referred to, provided, if the foregoing formula or method of allocation results in apportioning a lesser or greater number of motor buses or amount of registration fees to the state than the state under all of the facts is fairly entitled to, then a formula that will fairly apportion such registration fees to the state shall be determined and used by the commissioner. Said mileage factor shall be computed prior to March first of each year by using the mileage records of operations of such motor buses operating both within and without the state for the twelve-month period, or portion thereof, ending on August thirty-first next preceding the commencement of the registration year for which registration is sought. If there were no operations in the state during any part of such preceding twelve-month period, the commissioner shall proceed under the provisions of subsection (a) of article IV of section 14-365. In apportioning the number of motor buses to be registered in the state, as provided herein, any fractional part of a motor bus shall be treated as a whole motor bus and shall be registered and licensed as such. Any motor bus operated both within and without the state which is not required to be registered in the state under the provisions of this section shall nevertheless be identified as a part of the fleet of the multiple-state passenger carrier and the commissioner shall adopt an appropriate method of identification of such motor buses owned and operated by such carrier. The identification of all such motor buses by the commissioner as above required shall be considered the same as the registration of such motor buses under this chapter. The substitution from time to time of one motor bus for another by a multiple-state passenger carrier shall not require registration thereof in the state as long as the substitution does not increase the aggregate number of motor buses employed in the operation of such carrier, provided all such motor buses substituted for others shall be immediately reported to and identification issued for the same by the commissioner and, if a registration fee is required to be paid for such substituted motor bus, the same shall be promptly paid. As used in this subsection, the phrase "multiple-state passenger carrier" means and includes any person, firm or corporation authorized by the Interstate Commerce Commission OR ITS SUCCESSOR AGENCY to engage in the business of the transportation of passengers for hire by motor buses, both within and without the state.

Sec. 17. Subsection (m) of section 14-49 of the general statutes is repealed and the following is substituted in lieu thereof:

(m) (1) For the registration of a trailer used exclusively for camping or any other recreational purpose, the commissioner shall charge a biennial fee of sixteen dollars. On and after July 1, 1992, the fee shall be eighteen dollars. (2) For any other trailer or semitrailer not drawn by a truck-tractor he shall charge the same fee as prescribed for commercial registrations in section 14-47, provided the fee for a heavy duty trailer, a crane or any other heavy construction equipment shall be [two hundred seventy] THREE HUNDRED SIX dollars for each year [or part thereof;] except that the registration fee for each motor vehicle classed as a tractor-crane and equipped with rubber tires shall be one-half the fee charged for the gross weight of commercial vehicles. [On and after July 1, 1992, the fee shall be three hundred six dollars.]

Sec. 18. Section 16-27 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Department of Public Utility Control shall, on or before December thirty-first, annually, furnish to each public service company, except community antenna television companies, duplicate blank report forms, which may be in such format as the department prescribes or the same blank report forms required by the Interstate Commerce Commission OR ITS SUCCESSOR AGENCY, the Federal Communications Commission or the federal Energy Regulatory Commission. Any company which does not receive the forms by said date shall request the department to furnish the forms. Each such company shall return one report form with all questions fully answered to the department not later than the following May thirty-first or, where the department has authorized an accounting period other than December thirty-first, the company shall return its completed form no later than one hundred fifty days following the close of the company's accounting period. The department may, for good cause shown, grant an extension of such deadline of up to sixty days, provided the company desiring an extension files a request in writing setting forth the reasons for such request. All such reports shall be for the year ending on December thirty-first, or such other annual accounting period as the department may authorize. Each such company shall make such reports strictly according to the forms provided. If the company finds it impracticable to answer all the items in detail as required, it shall state in its report the reasons why such details cannot be given, but no such company shall be excused from giving such details for the reason that it does not keep its accounts in such manner as will enable it to do so.

(b) Each community antenna television company shall, not later than April thirtieth annually, file with the department a report on the company's operations. Such report shall be prepared in accordance with generally accepted accounting principles and shall be for a twelve-month period corresponding to the company's fiscal year.

(c) All reports under subsections (a) and (b) shall be signed and sworn to by the chief executive officer, president or vice president and chief financial officer, treasurer or assistant treasurer of the company, or by a majority of the trustees or receivers making the same.

(d) Each public service company shall also file with the department one copy of each Securities and Exchange Commission Form 8-K "Current Report" at the same time the report is filed with the commission.

Sec. 19. Section 16-32 of the general statutes is repealed and the following is substituted in lieu thereof:

Each public service company, except telegraph companies and express companies subject to the jurisdiction of the Interstate Commerce Commission OR ITS SUCCESSOR AGENCY, shall have an annual comprehensive audit and report made of its accounts and operations by independent public accountants satisfactory to the Department of Public Utility Control. A copy of such annual audit report shall be filed with the department, together with the company's annual report. In the absence of such an audit report, or if the department, after notice and opportunity for a hearing, determines that such audit report is insufficient or unsatisfactory, the department shall cause such an audit to be made at the expense of the company either by independent public accountants satisfactory to the department or by any staff of the department engaged in the activities contemplated by subsection (b) of section 16-8. The department may waive the compliance with the provisions of this section by any public service company whose annual gross income is less than one hundred thousand dollars.

Sec. 20. Section 29-356 of the general statutes is repealed and the following is substituted in lieu thereof:

"Fireworks" means and includes any combustible or explosive composition, or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and includes blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, sparklers or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance, except that the term "fireworks" shall not include toy pistols, toy canes, toy guns or other devices in which paper caps manufactured in accordance with the United States Interstate Commerce Commission OR ITS SUCCESSOR AGENCY regulations for packing and shipping of toy paper caps are used and toy pistol paper caps manufactured as provided therein.

Sec. 21. Section 31-76i of the general statutes, as amended by section 1 of public act 95-357, is repealed and the following is substituted in lieu thereof:

The provisions of sections 31-76b to 31-76j, inclusive, shall not apply with respect to (a) any driver or helper, excluding drivers or helpers employed by exempt employers, with respect to whom the Interstate Commerce Commission OR ITS SUCCESSOR AGENCY or the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of applicable federal law or regulation of any employee of a carrier by air subject to the Railway Labor Act or any employee of any employer subject to said Railway Labor Act; (b) any employee employed as a seaman; (c) any employee employed as an announcer, a news editor or chief engineer by a radio station or television station; (d) repealed by 1972, P.A. 116, S. 3, 6; (e) any person employed in a bona fide executive, administrative or professional capacity as defined in the regulations of the Labor Commissioner issued pursuant to section 31-60; (f) any person employed in the capacity of outside salesman as defined in the regulations of the Federal Fair Labor Standards Act; (g) any inside salesperson whose sole duty is to sell a product or service (1) whose regular rate of pay is in excess of two times the minimum hourly rate applicable to him under section 31-58, (2) more than half of whose compensation for a representative period, being not less than one month, represents commissions on goods or services, and (3) who does not work more than fifty-four hours during a work week of seven consecutive calendar days. In determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate shall be deemed commissions on goods or services without regard to whether the computed commissions exceed the draw or guarantee; (h) any person employed as a taxicab driver by any employer engaged in the business of operating a taxicab, if such driver is paid forty per cent or more of the fares recorded on the meter of the taxicab operated by him; (i) any person employed in the capacity of a household delivery route salesman engaged in delivering milk or bakery products to consumers and who is paid on a commission basis as defined in the regulations of the Labor Commissioner issued pursuant to section 31-60; (j) any salesman primarily engaged in selling automobiles. For the purposes of this subsection, "salesman" includes any person employed by a licensed new car dealer (1) whose primary duty is to sell maintenance and repair services, (2) whose regular rate of pay is in excess of two times the minimum hourly rate applicable to him under the provisions of section 31-58, (3) more than half of whose compensation for a representative period, being not less than one month, represents commissions on goods or services and (4) who does not work more than fifty-four hours during a work week of seven consecutive days. In determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate shall be deemed commissions on goods or services without regard to whether the computed commissions exceed the draw or guarantee; (k) any person employed in agriculture; (l) any permanent paid members of the uniformed police force of municipalities and permanent paid members of the uniformed fire fighters of municipalities; (m) any person employed as a fire fighter by a private nonprofit corporation which on May 24, 1984, has a valid contract with any municipality to extinguish fires and protect its inhabitants from loss by fire; (n) any person, except a person paid on an hourly basis, employed as a beer delivery truck driver by a licensed distributor, as defined by section 12-433; or (o) any person employed as a mechanic primarily engaged in the servicing of motor vehicles, as defined in section 14-1, or farm implements, as defined in section 14-1, by a nonmanufacturing employer primarily engaged in the business of selling such vehicles or implements to consumers, to the extent that such employees are exempt under the federal Wage-Hour and Equal Pay Act, 29 USC 201 et seq. and 29 USC 213(b)(10), provided such person's actual weekly earnings exceed an amount equal to the total of (1) such person's basic contractual hourly rate of pay times the number of hours such person has actually worked plus (2) such person's basic contractual hourly rate of pay times one-half the number of hours such person has actually worked in excess of forty hours in such week. For the purposes of this section, "basic contractual hourly rate" means the compensation payable to a person at an hourly rate separate from and exclusive of any flat rate, incentive rate or any other basis of calculation.

Sec. 22. Section 36b-21 of the general statutes, as amended by section 1 of public act 95-250, is repealed and the following is substituted in lieu thereof:

(a) The following securities are exempted from sections 36b-16 and 36b-22: (1) Any security including a revenue obligation issued or guaranteed by the United States, any state, any political subdivision of a state, or any agency or corporate or other instrumentality of one or more of the foregoing; or any certificate of deposit for any of the foregoing; (2) any security issued or guaranteed by Canada, any Canadian province, any political subdivision of any such province, any agency or corporate or other instrumentality of one or more of the foregoing, or any other foreign government with which the United States currently maintains diplomatic relations, if the security is recognized as a valid obligation by the issuer or guarantor; (3) any security issued by and representing an interest in or a debt of, or guaranteed by, any bank organized under the laws of the United States, or any bank, savings institution, or trust company organized and supervised under the laws of any state; (4) any security issued by and representing an interest in or a debt of, or guaranteed by, any federal savings and loan association, or any savings and loan or similar association organized under the laws of any state; (5) any security issued by and representing an interest in or a debt of, or guaranteed by, any insurance company organized under the laws of any state and authorized to do business in this state; (6) any security issued or guaranteed by any federal credit union or any credit union, industrial loan association, or similar association organized and supervised under the laws of this state; (7) any security issued or guaranteed by any railroad, other common carrier, public utility, or holding company which is (A) subject to the jurisdiction of the Interstate Commerce Commission OR ITS SUCCESSOR AGENCY; (B) a registered holding company under the Public Utility Holding Company Act of 1935 or a subsidiary of such a company within the meaning of that act; (C) regulated in respect of its rates and charges by a governmental authority of the United States or any state; or (D) regulated in respect of the issuance or guarantee of the security by a governmental authority of the United States, any state, Canada, or any Canadian province; (8) any security listed or approved for listing upon notice of issuance on the New York Stock Exchange, the American Stock Exchange, the Chicago Board Options Exchange and such other securities exchanges as may be designated by the commissioner from time to time, any security appearing on the list of over-the-counter securities approved for margin by the Board of Governors of the Federal Reserve System or any security designated or approved for designation upon notice of issuance as a national market system security on the National Association of Securities Dealers Automated Quotation System established pursuant to the Securities Exchange Act of 1934 if, in each case, quotations have been available and public trading has taken place for such class of security prior to the offer or sale of that security in reliance upon this exemption; any other security of the same issuer which is of senior or substantially equal rank; any security called for by subscription rights or warrants so listed, approved or designated; or any warrant or right to purchase or subscribe to any of the foregoing; (9) any security issued by any person organized and operated not for private profit but exclusively for religious, educational, benevolent, charitable, fraternal, social, athletic, or reformatory purposes, or as a chamber of commerce or trade or professional association; (10) any commercial paper which arises out of a current transaction or the proceeds of which have been or are to be used for current transactions, and which evidences an obligation to pay cash within nine months of the date of issuance, exclusive of days of grace, or any renewal of such paper which is likewise limited, or any guarantee of such paper or of any such renewal; (11) any security issued in connection with an employees' stock purchase, stock option, savings, pension, profit-sharing, or similar benefit plan; (12) any security issued by any cooperative apartment corporation incorporated under the laws of this state, located in and operating wholly within the borders of this state, in conjunction with the execution of proprietary leases; (13) any security issued by any person, organized and located in this state and operating exclusively for the purpose of promoting the industrial or commercial development of this state, or such development of any political subdivision thereof or such development of any regional planning area within this state, if such persons are approved by the Commissioner of Economic and Community Development and such approval has been certified, in writing, by said Commissioner of Economic and Community Development to the commissioner; such approval and certification shall be conclusive as to the nature and purpose of such person; (14) any security issued by the Connecticut Development Credit Corporation; (15) any security issued by any nonstock corporation, which is incorporated under the laws of this state as a cooperative marketing corporation and has its principal place of business in this state, and which is a farmers' cooperative organization as defined in Section 521 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, if such corporation has been certified in writing by the Connecticut Department of Agriculture to the commissioner to be a bona fide cooperative marketing corporation; such certification shall be conclusive as to the nature and purpose of such corporation; (16) any security issued by all cooperative associations organized or existing under chapter 595; (17) any security issued by any person organized, located and operating within or from the borders of this state, when selling or offering for sale an interest in real estate limited partnerships or real estate syndications exclusively, if such person has obtained a permit from the real estate commission; (18) any security which, prior to or within sixty days after October 1, 1977, has been sold or disposed of by the issuer or bona fide offered to the public, but this exemption shall not apply to any new offer of any such security by an issuer or underwriter subsequent to such sixty days; (19) any interest or participation in any common trust fund or similar fund established and maintained by a bank, or by one or more banks under common control as otherwise authorized by general statute, exclusively for the collective investment and reinvestment of assets contributed thereto by such bank in its fiduciary capacity; (20) any security issued by a worker cooperative corporation formed under the provisions of sections 33-418f to 33-418o, inclusive; (21) any other security that the commissioner by regulation or order may exempt, conditionally or unconditionally, on a finding that registration is not necessary or appropriate in the public interest or for the protection of investors.

(b) The following transactions are exempted from sections 36b-16 and 36b-22: (1) Any isolated nonissuer transaction, whether effected through a broker-dealer or not; (2) any nonissuer distribution of an outstanding security if (A) a recognized securities manual contains the names of the issuer's officers and directors, a balance sheet of the issuer as of a date within eighteen months, and a profit and loss statement for either the fiscal year preceding that date or the most recent year of operations, except that the exemption shall not be available for any distribution of securities issued by a blank check company, shell company, dormant company or any issuer that has been merged or consolidated with or has bought out a blank check company, shell company or dormant company or (B) the security has a fixed maturity or a fixed interest or dividend provision and there has been no default during the current fiscal year or within the three preceding fiscal years, or during the existence of the issuer and any predecessors if less than three years, in the payment of principal, interest, or dividends on the security; (3) any nonissuer transaction effected by or through a registered broker-dealer pursuant to an unsolicited order or offer to buy; but the commissioner may by regulation require that the customer acknowledge upon a specified form that the sale was unsolicited, and that a signed copy of each such form be preserved by the broker-dealer for a specified period or that the confirmation delivered to the purchaser or a memorandum delivered in connection therewith shall confirm that such purchase was unsolicited by the broker-dealer or any agent of the broker-dealer; (4) any transaction between the issuer or other person on whose behalf the offering is made and an underwriter, or among underwriters; (5) any transaction in a bond or other evidence of indebtedness secured by a real or chattel mortgage or deed of trust, or by an agreement for the sale of real estate or chattels, if the entire mortgage, deed of trust, or agreement, together with all the bonds or other evidences of indebtedness secured thereby, is offered and sold as a unit; (6) any transaction by an executor, administrator, sheriff, marshal, receiver, trustee in bankruptcy, creditors' committee in a proceeding under the Bankruptcy Act, guardian, or conservator; (7) any transaction executed by a bona fide pledgee without any purpose of evading sections 36b-2 to 36b-33, inclusive; (8) any offer or sale to a state bank and trust company, a national banking association, a savings bank, a savings and loan association, a federal savings and loan association, a credit union, a federal credit union, trust company, insurance company, investment company as defined in the Investment Company Act of 1940, as amended, pension or profit-sharing trust, or other financial institution or institutional buyer, or to a broker-dealer, whether the purchaser is acting for itself or in some fiduciary capacity; (9) (A) subject to the provisions of this subdivision, any transaction not involving a public offering within the meaning of Section 4(2) of the Securities Act of 1933, as amended, and the rules and regulations thereunder; (B) subject to the provisions of this subdivision, any transaction made in accordance with the uniform exemption from registration for small issuers authorized in Section 19(c)(3)(C) of the Securities Act of 1933, as amended. The exemptions set forth in subdivisions (9)(A) and (9)(B) of this subsection shall not be available for transactions in securities issued by any blank check company, shell company or dormant company. The exemptions set forth in subdivisions (9)(A) and (9)(B) of this subsection may, with respect to any security or transaction or any type of security or transaction, be modified, withdrawn, further conditioned or waived as to conditions, in whole or in part, conditionally or unconditionally, by the commissioner, acting by regulation, rule or order, on a finding that such regulation, rule or order is necessary or appropriate in the public interest or for the protection of investors. A fee of one hundred fifty dollars shall accompany any filing made with the commissioner pursuant to this subdivision; (10) any offer or sale of a preorganization certificate or subscription if (A) no commission or other remuneration is paid or given directly or indirectly for soliciting any prospective subscriber, (B) the number of subscribers does not exceed ten, and (C) no payment is made by any subscriber; (11) any transaction pursuant to an offer to existing security holders of the issuer, including persons who at the time of the transaction are holders of convertible securities, nontransferable warrants, or transferable warrants exercisable within not more than ninety days of their issuance, if (A) no commission or other remuneration other than a standby commission is paid or given directly or indirectly for soliciting any security holder in this state, or (B) the issuer first files a notice, in such form and containing such information as the commissioner may by regulation prescribe, specifying the terms of the offer and the commissioner does not by order disallow the exemption within the next ten full business days; (12) any offer, but not a sale, of a security for which registration statements have been filed under both sections 36b-2 to 36b-33, inclusive, and the Securities Act of 1933, as amended, if no stop order or refusal order is in effect and no public proceeding or examination looking toward such an order is pending under either said sections or the Securities Act of 1933, as amended; (13) any transaction exempt under Section 4(1), Section 4(4) or section 4(6) of the federal Securities Act of 1933, as amended, and the rules and regulations thereunder. With respect to transactions exempt under section 4(6) of the federal Securities Act of 1933, as amended, the issuer shall, prior to the first sale, file with the commissioner a notice, in such form and containing such information as the commissioner may by regulation, rule or order prescribe. A fee of one hundred fifty dollars shall accompany any such filing made pursuant to this subdivision; (14) any transaction if all the following conditions are satisfied: (A) The offer and sale is effectuated by the issuer of the security; (B) the total number of purchasers of all securities of the issuer does not exceed ten. A subsequent sale of securities registered under sections 36b-2 to 36b-33, inclusive, or sold pursuant to an exemption under said sections other than this subdivision shall not be integrated with a sale pursuant to this exemption in computing the number of purchasers hereunder. For the purpose of this subdivision, each of the following is deemed to be a single purchaser of a security: A husband and wife, a child and his parent or guardian when the parent or guardian holds the security for the benefit of the child, a corporation, a partnership, an association or other unincorporated entity, a joint stock company, or a trust, but only if the corporation, partnership, association, unincorporated entity, joint stock company, or trust was not formed for the purpose of purchasing the security; (C) no advertisement, article, notice or other communication published in any newspaper, magazine or similar medium, or broadcast over television or radio, or any other general solicitation is used in connection with the sale; and (D) no commission, discount or other remuneration is paid or given directly or indirectly in connection with the offer and sale, and the total expenses, excluding legal and accounting fees, in connection with the offer and sale do not exceed one per cent of the total sales price of the securities. For purposes of this subdivision, a difference in the purchase price among the purchasers shall not, in and of itself, be deemed to constitute indirect remuneration; (15) any other transaction that the commissioner by regulation, rule or order may exempt, conditionally or unconditionally, on a finding that registration is not necessary or appropriate in the public interest or for the protection of investors.

(c) The commissioner may by order deny or revoke any exemption specified in subdivision (9) or (11) of subsection (a) or in subsection (b) of this section with respect to a specific security or transaction. No such order may be entered without appropriate prior notice to all interested parties, opportunity for hearing, and written findings of fact and conclusions of law, except that the commissioner may by order summarily deny or revoke any of the specified exemptions pending final determination of any proceeding under this subsection. Upon the entry of a summary order, the commissioner shall promptly notify all interested parties that it has been entered and of the reasons therefor and that within fifteen days of the receipt of a written request the matter will be set down for hearing. If no hearing is requested and none is ordered by the commissioner, the order will remain in effect until it is modified or vacated by the commissioner. If a hearing is requested or ordered, the commissioner after notice of, and opportunity for, hearing to all interested persons may modify or vacate the order or extend it until final determination. No order under this subsection may operate retroactively. No person may be considered to have violated sections 36b-16 and 36b-22 by reason of any offer or sale effected after the entry of an order under this subsection if he sustains the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the order.

(d) In any proceeding under sections 36b-2 to 36b-33, inclusive, the burden of proving an exemption or an exception from a definition is upon the person claiming it.

Sec. 23. Subsection (d) of section 32-9p of the general statutes, as amended by section 1 of public act 95-250, is repealed and the following is substituted in lieu thereof:

(d) "Manufacturing facility" means any plant, building, other real property improvement, or part thereof, (1) which (A) is constructed or substantially renovated or expanded on or after July 1, 1978, in a distressed municipality, a targeted investment community as defined in section 32-222, AS AMENDED or an enterprise zone designated pursuant to section 32-70, AS AMENDED or (B) is acquired on or after July 1, 1978, in a distressed municipality, a targeted investment community as defined in section 32-222, AS AMENDED or an enterprise zone designated pursuant to said section 32-70, AS AMENDED by a business organization which is unrelated to and unaffiliated with the seller, after having been idle for at least one year prior to its acquisition and regardless of its previous use; (2) which is to be used for the manufacturing, processing or assembling of raw materials, parts or manufactured products, for research and development facilities directly related to manufacturing, for the significant servicing, overhauling or rebuilding of machinery and equipment for industrial use, or, except as provided in this subsection, for [the] warehousing and distribution [in bulk of manufactured products on other than a retail basis] or, (i) if located in an enterprise zone designated pursuant to said section 32-70, AS AMENDED which is to be used by an establishment, an auxiliary or an operating unit of an establishment as such terms are defined in the Standard Industrial Classification Manual, in the categories of depository institutions, nondepository credit institutions, insurance carriers, holding or other investment offices, business services, health services, fishing, hunting and trapping, motor freight transportation and warehousing, water transportation, transportation by air, transportation services, security and commodity brokers, dealers, exchanges and services or engineering, accounting, research, management and related services from the Standard Industrial Classification Manual, which establishment, auxiliary or operating unit shows a strong performance in exporting goods and services, as defined by the commissioner through regulations adopted under chapter 54 or (ii) if located in a municipality with an entertainment district designated under section 32-76 AS AMENDED or established under section 2 of public act 93-311, is to be used in the production of entertainment products, including multimedia products, or as part of the airing, display or provision of live entertainment for stage or broadcast, including support services such as set manufacturers, scenery makers, sound and video equipment providers and manufacturers, stage and screen writers, providers of capital for the entertainment industry and agents for talent, writers, producers and music properties and technological infrastructure support including, but not limited to, fiber optics, necessary to support multimedia and other entertainment formats, except entertainment provided by or shown at a gambling or gaming facility or a facility whose primary business is the sale or serving of alcoholic beverages; and (3) for which the department has issued an eligibility certificate in accordance with section 32-9r AS AMENDED. In the case of facilities which are acquired, the department may waive the requirement of one year of idleness if it determines that, absent qualification as a manufacturing facility under subdivisions (59) and (60) of section 12-81, and sections 12-217e, 32-9p to 32-9s, inclusive, AS AMENDED 32-23n and 32-23p, there is a high likelihood that the facility will remain idle for one year. In the case of facilities located in an enterprise zone designated pursuant to said section 32-70, AS AMENDED (i) the idleness requirement in subparagraph (B) of subdivision (1), for business organizations which over the six months preceding such acquisition have had an average total employment of between six and nineteen employees, inclusive, shall be reduced to a minimum of six months, and (ii) the idleness requirement shall not apply to business organizations with an average total employment of five or fewer employees, provided no more than one eligibility certificate shall be issued under this subparagraph (ii) for the same facility within a three-year period. Of those facilities which are for [the] warehousing and distribution [of manufactured products on other than a retail basis,] only those which are newly constructed or which represent an expansion of an existing facility qualify as manufacturing facilities. In the event that only a portion of a plant is acquired, constructed, renovated or expanded, only the portion acquired, constructed, renovated or expanded constitutes the manufacturing facility. A manufacturing facility which is leased may for the purposes of subdivisions (59) and (60) of section 12-81 and sections 12-217e, 32-9p to 32-9s, inclusive, AS AMENDED 32-23n and 32-23p, be treated in the same manner as a facility which is acquired if the provisions of the lease serve to further the purposes of subdivisions (59) and (60) of section 12-81, and sections 12-217e, 32-9p to 32-9s, inclusive, AS AMENDED 32-23n and 32-23p and demonstrate a substantial, long-term commitment by the occupant to use the manufacturing facility, including a contract for lease for an initial minimum term of five years with provisions for the extension of the lease at the request of the lessee for an aggregate term which shall not be less than ten years, or the right of the lessee to purchase the facility at any time after the initial five-year term, or both. For a facility located in an enterprise zone designated pursuant to said section 32-70, AS AMENDED and occupied by a business organization with an average total employment of ten or fewer employees over the six-month period preceding acquisition, such contract for lease may be for an initial minimum term of three years with provisions for the extension of the lease at the request of the lessee for an aggregate term which shall not be less than six years, or the right of the lessee to purchase the facility at any time after the initial three-year term, or both, and may also include the right for the lessee to relocate to other space within the same enterprise zone, provided such space is under the same ownership or control as the originally leased space or if such space is not under such same ownership or control as the originally leased space, permission to relocate is granted by the lessor of such originally leased space, and such relocation shall not extend the duration of benefits granted under the original eligibility certificate. Except as provided in subparagraph (B) above, a manufacturing facility does not include any plant, building, other real property improvement, or part thereof used or usable for such purposes which existed before July 1, 1978.

Sec. 24. (NEW) In order to promote engineering and design quality and ensure maximum competition by firms providing consultant services, as defined in section 13b-20b of the general statutes, the Secretary of the Office of Policy and Management, in consultation with the Commissioner of Transportation, shall establish guidelines for determining the reasonableness and allowability of various cost factors which shall include, but not be limited to, salary limits, benefits and expense reimbursement.

Sec. 25. The Commissioner of Transportation shall, within available appropriations, update the Greater Southwestern Connecticut Regional Transportation Study.

Sec. 26. (a) Notwithstanding any provision of the general statutes to the contrary, the Commissioner of Transportation shall convey to the Mount Carmel Society in the town of Enfield, subject to the approval of the State Properties Review Board and at a cost of ten thousand dollars, a parcel of land designated as File No. 48-82-96A maintained by the Department of Transportation. Said parcel of land has an area of approximately 1.20 acres and shall be used exclusively for civic functions, and no permanent structure shall be constructed on the parcel. In the event the Department of Transportation has a need to expand exit ramps in the area, said department shall have the right to repurchase the property at the original price. In the event the Mount Carmel Society ceases to exist, the Department of Transportation shall have the first right to repurchase the property.

(b) The State Properties Review Board shall complete its review of the conveyance of said parcel of land not later than thirty days after it receives a proposed agreement from the Department of Transportation. The land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver a deed or instrument necessary for a conveyance under this section and the Commissioner of Transportation shall have the sole responsibility for all other incidents of such conveyance.

Sec. 27. (a) Notwithstanding any provision of the general statutes to the contrary, the Commissioner of Transportation shall convey to the town of Washington, subject to the approval of the State Properties Review Board and at a cost of one dollar, a parcel of land designated as File No. 150-MISC-94A maintained by the Department of Transportation. Said parcel of land has an area of approximately 2.47 acres and shall be used exclusively for open space and recreation, and no permanent structure shall be constructed on the parcel. In the event said parcel is not used for said purposes, the parcel shall revert to the state of Connecticut.

(b) The State Properties Review Board shall complete its review of the conveyance of said parcel of land not later than thirty days after it receives a proposed agreement from the Department of Transportation. The land shall remain under the care and control of said department until a conveyance is made in accordance with the provisions of this section. The State Treasurer shall execute and deliver a deed or instrument necessary for a conveyance under this section and the Commissioner of Transportation shall have the sole responsibility for all other incidents of such conveyance.

Sec. 28. Notwithstanding any provision of the general statutes, any special act or any regulation, the Department of Transportation may replace the Orchard Road Highway Bridge over railroad tracks in Berlin, bridge number 04109, with a new bridge which will provide a minimum overhead clearance from the railroad tracks which will equal or exceed the existing overhead clearance of seventeen feet, ten inches.

Sec. 29. Notwithstanding any provision of the general statutes, any special act or any regulation, the Department of Transportation may replace the Landing Road Highway Bridge over railroad tracks in Haddam, bridge number 04013, with a new bridge which will provide a minimum overhead clearance from the railroad tracks which will equal or exceed the existing overhead clearance of seventeen feet, eleven and three-quarter inches.

Sec. 30. Notwithstanding any provision of the general statutes, any special act or any regulation, the Department of Transportation may replace the Horsepond Road Highway Bridge over railroad tracks in Madison, bridge number 03892, with a new bridge which will provide a minimum overhead clearance from the railroad tracks of nineteen feet, six and one-half inches.

Sec. 31. Notwithstanding any provision of the general statutes or special acts to the contrary, the Commissioner of Transportation shall reclassify the at-grade railroad crossing located at Common Court Drive in the Waterbury Industrial Commons in Waterbury as a public at-grade crossing provided said crossing conforms to the requirements set forth in section III of Docket Number 9509-8-R of the Department of Transportation. Said crossing shall remain in use and be subject to the provisions of sections 13b-342 to 13b-347, inclusive, of the general statutes.

Sec. 32. Notwithstanding the provisions of subsection (b) of section 25-32 of the general statutes, the Commissioner of Public Health may issue a permit for a change in land use to the Department of Public Works with respect to Fairfield Hills Hospital for property in Newtown to be acquired by the Department of Transportation for improvements along State Service Road 490 for Project Numbers 96-180, 96-181 and 96-182, provided the commissioner determines that said project will not cause any significant environmental change.

Sec. 33. Section 1 of public act 95-241 is repealed and the following is substituted in lieu thereof:

Not later than [March] JULY 1, 1996, the Commissioner of Transportation shall adopt regulations in accordance with the provisions of chapter 54 of the general statutes to establish an "adopt a highway program" which will permit business organizations and nonprofit community organizations to participate in litter control and beautification activities on ALL state highways [designated by the commissioner] and to receive recognition for their participation in such activities.

Sec. 34. Subdivision (60) of section 12-81 of the general statutes is repealed and the following is substituted in lieu thereof:

(60) (1) Machinery and equipment which represents an addition to the assessment or grand list of the municipality in which this exemption is claimed and is installed in any manufacturing facility, as defined in section 32-9p, which facility is or has been constructed, or substantially renovated or expanded on or after July 1, 1978, in a distressed municipality or targeted investment community or enterprise zone designated pursuant to section 32-70 and for which an eligibility certificate has been issued by the department, concurrently with and directly attributable to such construction, renovation or expansion, (2) machinery and equipment which represents an addition to the assessment or grand list of the municipality in which this exemption is claimed and is installed, or machinery and equipment existing, in any manufacturing facility, as defined in section 32-9p, which facility is or has been acquired on or after July 1, 1978, in a distressed municipality, targeted investment community or enterprise zone designated pursuant to section 32-70 and for which an eligibility certificate has been issued by the department, and (3) machinery and equipment acquired and installed on or after October 1, 1986, in a manufacturing facility that is or has at one time been certified as eligible for the exemption under this section in accordance with section 32-9r, and which continues to be used for manufacturing purposes, provided such machinery and equipment is installed in conjunction with an expansion program that satisfies the requirements for a manufacturing facility, as defined in section 32-9p, and is contiguous to and represents an increase in square feet of floor space of not less than fifty per cent of the floor space in the certified manufacturing facility, as follows: To the extent of eighty per cent of its valuation for purposes of assessment in each of the five full assessment years for which the manufacturing facility in which it is installed qualifies for an exemption under subdivision (59) of this section. This exemption shall terminate for the assessment year next following if the manufacturing facility in which such machinery and equipment is installed no longer qualifies for an exemption under said subdivision (59), and there shall not be a pro rata application of the exemption of such machinery and equipment in the assessment year of such termination. Any person who desires to claim the exemption provided in this subdivision shall file annually with the assessor or board of assessors in the distressed municipality, targeted investment community or enterprise zone designated pursuant to section 32-70 in which the manufacturing facility is located, on or before the first day of November, written application claiming such exemption on a form prescribed by the Secretary of the Office of Policy and Management. Failure to file such application in this manner and form within the time limit prescribed shall constitute a waiver of the right to such exemption for such assessment year, unless an extension of time is allowed by the Secretary of the Office of Policy and Management as set forth in section 12-81k, and upon payment of the required fee for late filing THIS EXEMPTION SHALL NOT APPLY TO ROLLING STOCK.

Sec. 35. Section 12-458f of the general statutes is repealed and the following is substituted in lieu thereof:

On and after July 1, 1994, and until July 1, [1999] 2001, compressed natural gas, liquefied petroleum gas and liquefied natural gas shall not be subject to the tax imposed under section 12-458 AS AMENDED [provided such fuel is sold to a covered fleet for use in a covered fleet vehicle, as defined in section 241 of the federal Clean Air Act, 42 USC 7581, and any regulations adopted thereunder.]

Sec. 36. Subsection (h) of section 13b-34 of the general statutes is repealed and the following is substituted in lieu thereof:

(h) The commissioner, in the name of the state, shall have the power to enter into leases with respect to ["qualified leased property" within the meaning of Section 168(f)(8) of the Internal Revenue Code of 1954, as in effect on December 31, 1985.] TRANSPORTATION EQUIPMENT AND FACILITIES FOR THE PURPOSE OF OBTAINING PAYMENTS BASED ON THE TAX BENEFITS ASSOCIATED WITH THE OWNERSHIP OR LEASING OF SUCH EQUIPMENT AND FACILITIES. IN CONNECTION WITH ANY SUCH LEASE, THE COMMISSIONER, IN THE NAME OF THE STATE, SHALL HAVE THE POWER TO SELL, REPURCHASE AND SUBLEASE ANY SUCH EQUIPMENT OR FACILITIES, TO PLACE DEPOSITS OR INVESTMENTS WITH FINANCIAL INSTITUTIONS TO DEFEASE RENTAL OR REPURCHASE OBLIGATIONS AND TO ENTER INTO RELATED AGREEMENTS WITH PARTIES SELECTED BY AND ON TERMS DEEMED REASONABLE BY THE COMMISSIONER. All [moneys] NET PAYMENTS received by the state pursuant to any such lease OR RELATED AGREEMENT shall be credited to the SPECIAL TRANSPORTATION FUND, THE infrastructure improvement fund THE DEPARTMENT OF TRANSPORTATION OPERATING ACCOUNTS, OR TO THE DEPARTMENT OF TRANSPORTATION AS REQUIRED PURSUANT TO UNITED STATES DEPARTMENT OF TRANSPORTATION APPROVAL OF THE LEASE. Any such lease OR RELATED AGREEMENT may include provisions for the state, as lessee, to indemnify and hold harmless the lessors OR OTHER PARTIES TO [in] any such lease OR RELATED AGREEMENT. Any such lease OR RELATED AGREEMENT may provide for the state to purchase insurance or surety bonds or to obtain letters of credit from financial institutions when deemed in the best interests of the state by the commissioner. Any such lessor OR OTHER PARTY TO ANY SUCH RELATED AGREEMENT may bring a civil action to recover damages arising directly from and subject to any such lease OR RELATED AGREEMENT. No such action shall be brought except within one year from the date the right of action accrues. Any such civil action shall be brought in the superior court for the judicial district of Hartford-New Britain. The jurisdiction conferred upon the Superior Court by this section includes any set-off, claim or demand whatever on the part of the state against any plaintiff commencing an action under this section. Such action shall be tried to the court without a jury. All legal defenses except governmental immunity shall be reserved to the state. Any such lease OR RELATED AGREEMENT shall be subject to the approval of the Attorney General.

Sec. 37. Notwithstanding the provisions of section 13a-124a of the general statutes and the regulations adopted thereunder, the Commissioner of Transportation shall erect on any interstate highway a specific information sign which shall bear a business sign which advertises the brand, symbol, trademark or name for fuel service for any retail dealer, as defined in section 14-318 of the general statutes, which sells a minimum of two hundred thousand gallons of diesel fuel per month and which is located within one-half mile of an interstate highway. Such sign shall be erected on such highway between the previous interchange and eight hundred feet before the exit sign at the interchange from which the service is available. Any such retail dealer qualifying for such a sign under the provisions of this section shall pay all fees and costs associated with the erection and maintenance of such sign.

Sec. 38. (a) There is established a task force to study the program on interest on lawyers' clients' funds accounts, the client protection fund, the forfeiture of bonds, the bonding of attorneys in estate and trust matters and the conduct of random audits of the financial books and records of attorneys.

(b) The task force shall consist of the chairmen and ranking members of the judiciary committee and six members appointed one each by the president pro tempore of the Senate, the speaker of the House of Representatives, the majority leader of the Senate, the majority leader of the House of Representatives, the minority leader of the Senate and the minority leader of the House of Representatives.

(c) All appointments to the task force shall be made within thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.

(d) The chairmen of the judiciary committee shall be chairmen of the task force. Such chairmen shall schedule the first meeting of the task force, which shall be held within sixty days after the effective date of this section.

(e) Not later than January 1, 1997, the task force shall submit a report on its findings and recommendations to the judiciary committee in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits such report or January 1, 1997, whichever is earlier.

(f) For the fiscal year commencing July 1, 1995, the sum of sixty thousand dollars collected as forfeited bonds pursuant to section 51-279b of the general statutes shall be allocated to the budget of legislative management for the purposes of the task force established under this section.

Sec. 39. Up to $6,590,000 appropriated to the Department of Transportation, in section 2 of special act 95-12, for personal services, other expenses, bus operations and rail operations, shall not lapse on June 30, 1996, and shall continue to be available for expenditure, for personal services, other expenses and bus operations, during the fiscal year ending June 30, 1997.

Sec. 40. The sum of $800,000 appropriated to the Department of Transportation for workers' compensation in special act 96-8 shall be transferred to the appropriation to the department, for personal services, for the fiscal year ending June 30, 1997.

Sec. 41. This act shall take effect from its passage, except that section 35 shall be applicable to calendar quarters commencing on or after July 1, 1996, and sections 1, 6 to 8, inclusive, 10 to 22, inclusive, 39 and 40 shall take effect July 1, 1996, sections 2 to 5, inclusive, 23 and 34 shall take effect October 1, 1996, and section 34 shall be applicable to assessment years commencing on or after October 1, 1996, and section 9 shall take effect July 1, 1997.

Approved June 4, 1996. Effective as provided in section 41.

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