Sec. 13b-34. Powers of commissioner.
Sec. 13b-34. Powers of commissioner. (a) The commissioner shall have power,
in order to aid or promote the operation, whether temporary or permanent, of any transportation service operating to, from or in the state, to contract in the name of the state
with any person, including but not limited to any common carrier, any transit district
formed under chapter 103a or any special act, or any political subdivision or entity, or
with the United States or any other state, or any agency, instrumentality, subdivision,
department or officer thereof, for purposes of initiating, continuing, developing, providing or improving any such transportation service. Such contracts may include provision
for arbitration of disputed issues. The commissioner, in order to aid or promote the
operation of any transportation service operating outside the state, may contract in the
name of the state with any person, including, but not limited to, any common carrier,
or with the United States or any other state, or any agency, instrumentality, subdivision,
department or officer thereof, for purposes of providing any transportation service in
the event such assistance is required in the case of an emergency or a special event. The
state, acting by and through the commissioner, may, by itself or in concert with others,
provide all or a portion of any such service, share in the costs of or provide funds for
such service, or furnish equipment or facilities for use in such service upon such terms
and conditions as the commissioner may deem necessary or advisable, and any such
contracts may include, without limitation thereto, arrangements under which the state
shall so provide service, share costs, provide funds or furnish equipment or facilities.
To these ends, the commissioner may in the name of the state acquire or obtain the use
of facilities and equipment employed in providing any such service by gift, purchase,
lease or other arrangements and may own and operate any such facilities and equipment
and establish, charge and collect such fares and other charges or arrange for such collection for the use or services thereof as he may deem necessary, convenient or desirable.
The commissioner may also acquire title in fee simple to, or any lesser estate, interest
or right in, any rights-of-way, properties or facilities, including properties used on or
before October 1, 1969, for rail or other forms of transportation services. The commissioner may hold such properties for future use by the state and may enter into agreements
for interim use of such properties for other purposes. Any person contracting with the
state pursuant to this section for the provision of any transportation service shall not be
considered an arm or agent of the state. Any damages caused by the operation of such
transportation service by such person may be recovered in a civil action brought against
such person in the superior court and such person may not assert the defense of sovereign
immunity in such action.
(b) The commissioner shall, in the name of the state, have power to apply for and
to receive and accept grants of property, money and services and other assistance offered
or made available by any person, any transit district or political subdivision or entity,
or any other agency, governmental or private, including the United States or any of its
agencies and instrumentalities, which he may use to meet capital or operating expenses
and for any other purpose in furtherance of his powers and duties under sections 13b-34 to 13b-36, inclusive, and 13b-38, and to negotiate for and contract regarding the
same upon such terms and conditions as he may deem necessary or advisable.
(c) When necessary or desirable in the performance of his powers and duties under
this section and sections 13b-35 to 13b-38, inclusive, the commissioner shall, in the
name of the state, have power (1) to hire, lease, acquire and dispose of property to the
extent necessary to carry out his powers and duties hereunder and (2) to contract to
perform services for any person, any transit district or other political subdivision or
entity, or with any other agency, governmental or private, and to accept compensation
or reimbursement therefor.
(d) The commissioner may be assisted in the performance of his powers and duties
under this section by the Connecticut Transportation Authority, and may delegate specific powers and duties to it.
(e) The commissioner shall have the power to aid and assist transit districts pursuant
to section 13b-38.
(f) Repealed by P.A. 84-254, S. 61, 62.
(g) Repealed by P.A. 81-421, S. 8, 9.
(h) The commissioner, in the name of the state, shall have the power to enter into
leases with respect to 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 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 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. 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.
(i) If the commissioner deems it to be in the best interest of the state, the commissioner may include in any contract with the National Railroad Passenger Corporation
pursuant to subsection (a) of this section, provisions for the state to indemnify and hold
harmless said corporation, and for such purpose to provide for the state to purchase
insurance with a deductible clause, surety bonds or to obtain letters of credit from financial institutions. Said corporation may bring a civil action based on the contract to recover
damages arising directly from and subject to any such contract. Notwithstanding the
provisions of section 52-576, 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. The jurisdiction conferred on the
Superior Court by this section includes any set-off, claim or demand on the part of the
state against the said corporation commencing such action. Such action shall be tried
to the court without a jury. All legal defenses except governmental immunity shall be
reserved to the state.
(1969, P.A. 768, S. 28; 1972, P.A. 261, S. 10, 11; P.A. 74-342, S. 35, 43; P.A. 75-425, S. 50, 57; P.A. 81-421, S. 8, 9;
P.A. 84-254, S. 61, 62; P.A. 87-444, S. 1, 2; P.A. 88-147; 88-230, S. 1, 12; 88-364, S. 22, 123; P.A. 89-372, S. 1, 4; P.A.
90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 96-115, S. 1, 2; 96-222, S. 36, 41; P.A. 05-220, S. 1.)
History: 1972 act added new Subsec. (g) granting authority to assist transit districts and added in Subsec. (b) reference
to Sec. 13b-38; P.A. 74-342 added application of Subsec. (a) to "any transit district formed under chapter 103a or any
special act" and in that subsection deleted "rail or motor carrier" where appearing and eliminated references to state bond
commission where appearing, further deleted following "October 1, 1969" "motor carrier services" and substituted "other
forms of transportation services", added in Subsec. (b) transit district to other entities set forth and also added power to
"contract regarding" as well as to "negotiate for", added in Subsec. (c) (transferred from Subsec. (d)) the power to contract
to perform services for the same listing of entities contained in Subsec. (b) and to accept compensation and reimbursement
therefor, deleted former Subsecs. (d) and (e) and added new subsection prohibiting entering agreements for payments by
the state beyond existing appropriations without prior approval by the finance advisory committee; P.A. 75-425 added
new subsection concerning acquisitions and dispositions of real estate, making them subject to the newly established
state properties review board, see Sec. 4-26b; P.A. 81-421 repealed Subsec. (g), which had provided that acquisition and
dispositions pursuant to this section were subject to Sec. 4-26b; P.A. 84-254 repealed Subsec. (f) which had prohibited
entering into an agreement involving payments beyond available existing appropriations without prior approval of finance
advisory committee; P.A. 87-444 added a new Subsec. (h) which authorizes the commissioner of transportation to enter
into qualified leased property leases; P.A. 88-147 required that all moneys received by the state pursuant to any qualified
leased property shall be credited to infrastructure improvement fund rather than to special transportation fund; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991;
P.A. 88-364 made minor change in wording of Subsec. (h); P.A. 89-372 added new Subsec. (i) re commissioner's power
to include indemnification provision in contract for services with the National Railroad Passenger Corporation. (Revisor's
note: P.A. 88-230 also authorized substitution of the phrase "judicial district of Hartford" for "judicial district of Hartford-New Britain" in 1989 public and special acts, effective September 1, 1991); P.A. 90-98 changed effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September
1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from
September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 96-115 amended Subsec. (a) to authorize commissioner to provide any out-of-state transportation service required in the case of emergency or a special event, effective
May 24, 1996; P.A. 96-222 amended Subsec. (h) to eliminate authority of commissioner to enter into leases re "qualified
leased property", to authorize commissioner to enter into leases re transportation equipment and facilities for purpose of
obtaining payments based on tax benefits associated with ownership or leasing of such equipment and facilities, to specify
commissioner's powers in connection with any such lease and to require net payments received by state pursuant to lease
or related agreement to be credited to Special Transportation Fund, department operating accounts or to Department of
Transportation, effective June 4, 1996; P.A. 05-220 amended Subsec. (a) to add provision that any person contracting with
the state for the provision of any transportation service shall not be considered an arm or agent of the state, that any damages
caused by the operation of such transportation service by such person may be recovered in a civil action against such person
and that such person may not assert the defense of sovereign immunity, effective July 1, 2005, and applicable to any civil
action pending on or filed on or after that date.
Discussed. Section is dependent on extrinsic funding. 164 C. 299.