Connecticut Seal

Substitute House Bill No. 5574

Public Act No. 02-89

AN ACT REPEALING CERTAIN OBSOLETE SECTIONS AND PROVISIONS OF THE GENERAL STATUTES.

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

Section 1. Section 1-1e of the general statutes, as amended by section 1 of public act 01-163, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

Nothing in sections 1-1d, 3-94b to 3-94e, inclusive, 7-6, 7-51, as amended, 7-53, as amended, 7-54, as amended, 7-172, 9-12, 10a-207, 14-14, 14-36, 14-40a, 14-41, as amended, 14-44, as amended, 14-61, 14-73, 14-214, 14-276, 17a-1, as amended, 17a-152, 17b-75, 17b-81, 17b-223, 17b-748, 18-73, 18-87, 19a-512, 20-10, 20-130, 20-146, 20-188, 20-213, 20-217, 20-236, 20-250, as amended, 20-252, as amended, 20-270, as amended, 20-291, 20-316, 20-361, 20-590, 20-592, 26-38, [27-140g,] 29-156a, as amended, 30-1, 30-45, 30-86a, 31-222, as amended, 38a-482, 38a-609, 38a-633, 38a-786, 45a-263, 45a-502, 45a-504, 45a-606, 45a-754, 46b-129, as amended, 46b-215, 52-572, 53-304, as amended, 53-330, 53a-70 or 53a-87 shall impair or affect any act done, offense committed or right accruing, accrued or acquired, or an obligation, liability, penalty, forfeiture or punishment incurred prior to October 1, 1972, and the same may be enjoyed, asserted and enforced, as fully and to the same extent and in the same manner as they might under the laws existing prior to said date, and all matters civil or criminal pending on said date or instituted thereafter for any act done, offense committed, right accruing, accrued, or acquired, or obligation, liability, penalty, forfeiture, or punishment incurred prior to said date may be continued or instituted under and in accordance with the provisions of the law in force at the time of the commission of said act done, offense committed, right accruing, accrued, or acquired, or obligation, liability, penalty, forfeiture or punishment incurred.

Sec. 2. Subsection (a) of section 1-81 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The commission shall:

(1) Compile and maintain an index of all reports, advisory opinions, memoranda filed under the provisions of subsection (f) of section 1-82a and statements filed by and with the commission to facilitate public access to such reports and statements as provided by this part;

(2) Preserve advisory opinions permanently; preserve memoranda filed under subsection (f) of section 1-82a, and statements and reports filed by and with the commission for a period of five years from the date of receipt;

(3) Upon the concurring vote of four of its members, issue advisory opinions with regard to the requirements of this part, upon the request of any person subject to the provisions of this part, and publish such advisory opinions in the Connecticut Law Journal. Advisory opinions rendered by the commission, until amended or revoked, shall be binding on the commission and shall be deemed to be final decisions of the commission for purposes of section 1-87. Any advisory opinion concerning the person who requested the opinion and who acted in reliance thereon, in good faith, shall be binding upon the commission, and it shall be an absolute defense in any criminal action brought under the provisions of this part, that the accused acted in reliance upon such advisory opinion;

(4) Report annually, prior to April fifteenth, to the Governor summarizing the activities of the commission;

[(5) Not later than July 1, 1995, develop a model code of ethics for officials and officers of municipalities, as defined in section 7-148, and provide a copy of said model code to the chief elected official of each municipality in the state;

(6) Not later than July 1, 1995, develop a model code of ethics for officers of districts, as defined in section 7-324, and provide a copy of said model code to the president of each district in the state; ] and

[(7)] (5) Adopt regulations in accordance with chapter 54 to carry out the purposes of this part.

Sec. 3. Section 1-96b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

[(a) Not later than July 1, 1998, the State Ethics Commission shall (1) create a software program for the preparation of financial reports required by section 1-96, and (2) prescribe specifications for other software programs created by vendors for such purpose. The commission shall provide training in the use of the software program created by the commission. ]

[(b) On and after January 1, 1999, each] Each registrant required to file any financial reports under section 1-96 shall do so in electronic form using the software created by the commission [under subsection (a) of this section] for that purpose or another software program which meets [the] specifications prescribed by the commission. [under said subsection (a). ]

Sec. 4. Section 2-16a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

[(a) No state representative or state senator whose term expires on January 4, 1995, and who resigns from the General Assembly before the expiration of such term shall engage in the profession of lobbyist, as that term is defined in subsection (l) of section 1-91, until the expiration of the term. ]

[(b)] No state representative or state senator who is elected at the 1994 state election or any election thereafter shall engage in the profession of lobbyist, as that term is defined in subsection (l) of section 1-91, until one year after the expiration of the term for which [he] such state representative or state senator was elected.

Sec. 5. Section 4-149 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The Attorney General shall review each claim delivered under section 4-147. If such review discloses to the satisfaction of the Attorney General that protection of the state's interest does not reasonably require representation by the Attorney General before the Claims Commissioner, then such representation shall be provided by the state agency or department involved in the claim. In making such determination, the Attorney General shall consider (1) the sum of money involved; (2) the legal significance of the claim as a precedent; and (3) the complexity of the legal and factual issues presented.

(b) The Attorney General shall notify the Claims Commissioner and the agency or department involved within ninety days of receipt of a claim by the Attorney General in those instances when [he] the Attorney General determines that protection of the state's interest does not reasonably require representation by the Attorney General before the Claims Commissioner.

(c) When the representative for the state, which representative may in appropriate cases be the Attorney General, desires to oppose a claim, [he] such representative shall file with the clerk of the Office of the Claims Commissioner a notice of opposition, in duplicate, containing a concise statement of [his] such representative's objections. The clerk shall promptly deliver a copy thereof to the claimant.

[(d) The Attorney General shall review claims in which he is representing the state before the Claims Commissioner on May 29, 1984. In those instances where he determines in accordance with subsection (a) of this section that protection of the state's interest does not reasonably require such representation, the Attorney General shall notify the Claims Commissioner and the state agency or department involved in the claim. The Attorney General shall refer such claims to said state agency or department for representation of the state before the Claims Commissioner. ]

Sec. 6. Section 4-165b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

[(a) On and after May 3, 1976, any] Any inmate of any institution of the Department of Correction or the Department of Children and Families who suffers an injury which results in a fatality or in a permanent handicap may file a claim against the state. Such claim shall be heard and decided in accordance with the provisions of this chapter.

[(b) All matters pending before the committee established pursuant to section 18-95 of the general statutes, revision of 1958, revised to 1975, on May 3, 1976, shall be construed as pending with the same status with the Claims Commissioner on said date. ]

Sec. 7. Section 7-191 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The commission shall hold at least two public hearings on the proposed charter, charter amendments or home rule ordinance amendments; one prior to the beginning of any substantive work on such charter, charter amendments or home rule ordinance amendments, and one after the draft report to the appointing authority has been completed, but not submitted, after which hearings the commission may amend such report. The commission may hold such other public hearings as it deems necessary.

(b) The commission shall submit its draft report, including the proposed charter, charter amendments or home rule ordinance amendments, to the clerk of the municipality, who shall transmit such report to the appointing authority. The appointing authority shall hold at least one public hearing on the draft report and shall hold its last hearing not later than forty-five days after the submission of the draft report to such clerk. Not later than fifteen days after its last hearing, the appointing authority shall make recommendations to the commission for such changes in the draft report as it deems desirable.

(c) If the appointing authority makes no recommendations for changes in the draft report to the commission within such fifteen days, the report of the commission shall be final and the appointing authority shall act on such report. If the appointing authority makes recommendations for changes in the draft report to the commission, the commission shall confer with the appointing authority concerning any such recommendations and may amend any provisions of the proposed charter, charter amendments or home rule ordinance amendments, in accordance with such recommendations, or the commission may reject such recommendations. In either case the commission shall make its final report to the appointing authority not later than thirty days after receiving such recommendations.

(d) Not later than fifteen days after receiving the final report, the appointing authority, by a majority vote of its entire membership, shall either approve the proposed charter, charter amendments or home rule ordinance amendments or reject the same or separate provisions thereof. Not later than forty-five days after a vote of the appointing authority to reject such matter, a petition for a referendum thereon, signed by not less than ten per cent of the electors of such municipality, as determined by the last-completed registry list thereof, and filed and certified in accordance with the provisions of section 7-188, may be presented to the appointing authority. Not later than thirty days after approval by the appointing authority or the certification of such a petition, the proposed charter, charter amendments or home rule ordinance amendments shall be published in full at least once in a newspaper having a general circulation in the municipality.

(e) The appointing authority shall, by a majority vote of its entire membership, determine whether the proposed charter, charter amendments or home rule ordinance amendments shall be submitted to the electors for approval or rejection at a regular election or at a special election warned and held for that purpose, which shall be held not later than fifteen months after either the approval by the appointing authority or the certification of a petition for a referendum.

(f) The proposed charter, charter amendments or home rule ordinance amendments shall be prepared for the ballot by the appointing authority and may be submitted in the form of one or several questions; and, if approved by a majority of the electors of the municipality voting thereon at a regular election or if approved by a majority which number equals at least fifteen per cent of the electors of the municipality as determined by the last-completed active registry list of such municipality at a special election, such proposed charter, charter amendments or home rule ordinance amendments shall become effective thirty days after such approval unless an effective date or dates are specified therein, in which event the date or dates specified shall prevail.

[(g) Every proposed charter, amendment or amendments or home rule ordinance or amendment or repeal of a home rule ordinance approved at any regular or special election held on or after November 5, 1974, and prior to July 1, 1975, shall be deemed to have been effective as of the date of such approval, unless another effective date or dates were specified therein; provided any actions taken by a municipality or any administrative agency or official thereof, under the provisions of its charter or home rule ordinance in effect immediately prior to the date of such approval, between the date of such approval and July 1, 1975, shall be deemed valid. ]

[(h)] (g) Not later than thirty days after the approval by the electors of any proposed charter, charter amendments or home rule ordinance amendments, the town or city clerk shall file, with the Secretary of the State, (1) three certified copies thereof, with the effective date or dates indicated thereon, and (2) in the case of the approval of charter or home rule ordinance amendments, three certified copies of the complete charter or ordinance incorporating such amendments. The Secretary of the State shall distribute two copies to the State Library, where a file of such charters, charter amendments and home rule ordinance amendments shall be kept for public inspection.

Sec. 8. Section 7-439c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

The liability for the increase in benefits provided by sections 7-439b to [7-439e] 7-439d, inclusive, as amended by this act, for retirement allowances based on service rendered before July 1, 1979, shall be discharged by extending the period required for the annual amortization payments being made by the municipality under section 7-441 before July 1, 1977, until the date when the total past service liability shall be discharged. Such date shall not be subject to the limits provided in subsection (a) of section 7-441. The proportion of contributions paid to the Retirement Commission monthly under the terms of subsection (b) of said section shall, effective July 1, 1979, include the cost of applying the adjustments of sections 7-439b to [7-439e] 7-439d, inclusive, as amended by this act, to retirement allowances credited for service rendered after July 1, 1979.

Sec. 9. Section 7-439d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

The limitation of the maximum retirement allowance provided in subsection (a) of section 7-436 shall not be applicable to increases under sections 7-439b to [7-439e] 7-439d, inclusive.

Sec. 10. Subdivision (4) of subsection (a) of section 7-536 of the general statutes, as amended by section 2 of public act 01-197, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(4) "Local capital improvement project" means a municipal capital expenditure project for any of the following purposes: (A) Road construction, renovation, repair or resurfacing, (B) sidewalk and pavement improvements, (C) construction, renovation, enlargement or repair of sewage treatment plants and sanitary or storm, water or sewer lines, including separation of lines, (D) public building construction other than schools, including renovation, repair, code compliance, energy conservation and fire safety projects, (E) construction, renovation, enlargement or repair of dams, bridges and flood control projects, (F) construction, renovation, enlargement or repair of water treatment or filtration plants and water mains, (G) construction, renovation or enlargement of solid waste facilities, (H) improvements to public parks, (I) the preparation and revision of local capital improvement plans projected for a period of not less than five years and so prepared as to show the general description, need and estimated cost of each individual capital improvement, (J) improvements to emergency communications systems, (K) public housing projects, including renovations and improvements and energy conservation and the development of additional housing, (L) renovations to or construction of veterans' memorial monuments, [(M) improvements to information technology systems to manage the century date change effect, as defined in section 4d-16, (N)] (M) thermal imaging systems, [(O)] (N) bulky waste and landfill projects, and [(P)] (O) the preparation and revision of municipal plans of conservation and development adopted pursuant to section 8-23, as amended, provided such plans are endorsed by the legislative body of the municipality not more than one hundred eighty days after adoption by the commission. "Local capital improvement project" means only capital expenditures and includes repairs incident to reconstruction and renovation but does not include ordinary repairs and maintenance of an ongoing nature.

Sec. 11. Subsection (a) of section 8-37qq of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) For the purposes of this section and sections 8-44a, 8-70, 8-78, 8-80, 8-114a, 8-117b, 8-119a, 8-119b, 8-119h, 8-119i, 8-119ee, 8-119hh, 8-119ii, 8-119jj, 8-169w, 8-214g, 8-216b, 8-218b, 8-219b, 8-387, 8-405, 8-410, 8-415, 8-420, 16a-40b, 16a-40j, and sections 8-430 to 8-438, inclusive, the following terms shall have the following meanings:

(1) "Bond-financed state housing program" means any program administered by the Commissioner of Economic and Community Development which provides financial assistance for housing acquisition, development, rehabilitation or support services, and which may be financed in whole or in part from the proceeds of the state's general obligation bonds, including: Acquisition of surplus land pursuant to section 8-37y, housing authority programs for social and supplementary services, project rehabilitation and improvement and energy conservation pursuant to section 8-44a, moderate rental housing pursuant to section 8-70, moderate cost housing pursuant to section 8-82, [flood relief housing pursuant to section 8-97,] housing for elderly persons pursuant to section 8-114a, congregate housing for the elderly pursuant to section 8-119h, housing for low income persons pursuant to section 8-119dd, financial assistance for redevelopment or urban renewal projects pursuant to section 8-154a, housing and community development pursuant to sections 8-169l and 8-216b, urban homesteading pursuant to subsection (a) of section 8-169w, community housing land bank and land trust program pursuant to section 8-214d, financial assistance for development of limited equity cooperatives and mutual housing pursuant to section 8-214f, community housing development corporations pursuant to sections 8-218 and 8-218a, financial assistance to elderly homeowners for emergency repairs or rehabilitation pursuant to section 8-219b, financial assistance for removal of lead-based paint and asbestos pursuant to section 8-219e, home ownership loans pursuant to subsection (a) of section 8-286, housing programs for homeless persons pursuant to sections 8-356 and 8-357, grants to municipalities for financing low and moderate income rental housing pursuant to section 8-365, housing infrastructure grants and loans pursuant to section 8-387, private rental investment mortgage and equity program pursuant to sections 8-401 and 8-403, assistance for housing predevelopment costs pursuant to sections 8-410 and 8-411, residential subsurface sewage disposal system repair program pursuant to sections 8-415 and 8-420, energy conservation loans pursuant to section 16a-40b, rent receivership pursuant to section 47a-56j, construction, acquisition and related rehabilitation pursuant to section 8-433 and, any other such program now, heretofore or hereafter existing, and any additions or amendments to such programs.

(2) "Administrative expense" means any administrative or other cost or expense incurred by the state in carrying out the provisions of any of the following bond-financed state housing programs, including the hiring of necessary employees and the entering of necessary contracts: Housing authority programs for social and supplementary services, project rehabilitation and improvement, and energy conservation pursuant to section 8-44a, moderate rental housing pursuant to section 8-70, moderate cost housing pursuant to section 8-82, [flood relief housing pursuant to section 8-97,] housing for elderly persons pursuant to section 8-114a, congregate housing for the elderly pursuant to section 8-119h, housing for low-income persons pursuant to section 8-119dd, urban homesteading pursuant to subsection (a) of section 8-169w, financial assistance for development of limited equity cooperatives and mutual housing pursuant to section 8-214f, financial assistance to elderly homeowners for emergency repairs or rehabilitation pursuant to section 8-219b, home ownership loans pursuant to subsection (a) of section 8-286, housing programs for homeless persons pursuant to sections 8-356 and 8-357, private rental investment mortgage and equity program pursuant to sections 8-401 and 8-403, assistance for housing predevelopment costs pursuant to sections 8-410 and 8-411, residential subsurface sewage disposal system repair pursuant to section 8-415 and section 8-420, energy conservation loans pursuant to section 16a-40b, and construction, acquisition and related rehabilitation pursuant to section 8-433.

(3) "State service fee" means any fee or charge assessed or collected by the state for the purpose of paying for any administrative expense, pursuant to subsections (f) and (g) of section 8-44a with respect to housing authority programs for social and supplementary services, project rehabilitation and improvement, and energy conservation, subsection (c) of section 8-70 and section 8-72 with respect to moderate rental housing, subsection (b) of section 8-114a and subsection (a) of section 8-115a with respect to housing for elderly persons, section 8-119h and subsection (a) of section 8-115a with respect to congregate housing for the elderly, section 8-119jj and section 8-72 with respect to housing for low income persons, subsection (c) of section 8-218b with respect to community housing development corporations, subsection (b) of section 8-219b with respect to financial assistance to elderly homeowners for emergency repairs and rehabilitation, and subsection (a) of section 8-405 with respect to the private rental mortgage and equity program.

Sec. 12. Section 9-453u of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) An application to reserve a party designation with the Secretary of the State and to form a party designation committee may be made at any time after November 3, 1981, by filing in the office of the secretary a written statement signed by at least twenty-five electors who desire to be members of such committee.

(b) The statement shall include the offices for which candidates may petition for nomination under the party designation to be reserved but shall not include an office if no elector who has signed the application is entitled to vote at an election for such office.

(c) The statement shall include the party designation to be reserved which (1) shall consist of not more than three words and not more than twenty-five letters; (2) shall not incorporate the name of any major party; (3) shall not incorporate the name of any minor party which is entitled to nominate candidates for any office which will appear on the same ballot with any office included in the statement; (4) shall not be the same as any party designation for which a reservation with the secretary is currently in effect for any office included in the statement; and (5) shall not be the word "none", or incorporate the words "unaffiliated" or "unenrolled" or any similarly antonymous form of the words "affiliated" or "enrolled".

(d) The statement shall include the names of two persons who are authorized by the party designation committee to execute and file with the secretary statements of endorsement required by section 9-453o and certificates of nomination as required by section 9-460.

(e) The secretary shall examine the statement, and if it complies with the requirements of this section, the secretary shall reserve the party designation for the offices included in the statement and record such reservation in the office of the secretary. [Except as provided in subsection (f) of this section, the] The reservation shall continue in effect from the date it is recorded until the day following any regular election at which no candidate appears on the appropriate ballot for that office under that party designation.

[(f) If the secretary, before June 24, 1987, has reserved a party designation which (1) is in effect on such date and (2) is prohibited by subdivision (5) of subsection (c) of this section, such reservation shall be cancelled and the secretary shall notify the affected party. The affected party designation committee shall continue in effect with the same rights which it had pursuant to such reservation prior to such cancellation if the committee, not later than January 1, 1988, files with the secretary a certificate changing such former designation to one permitted under subsection (c) of this section. Such certificate shall be signed by the persons authorized by such party designation committee pursuant to the provisions of subsection (d) of this section. If, before June 24, 1987, a political party or organization qualified for minor party status for an office under a party designation which was reserved pursuant to the provisions of this section but which on and after such date is prohibited by subdivision (5) of subsection (c) of this section, such minor party status shall be cancelled, notwithstanding the provisions of subdivision (6) of section 9-372, unless the party designation committee for such minor party files such a certificate of changed party designation with the secretary not later than January 1, 1988. If such a committee files such a certificate, the changed name shall also apply to the name of the minor party. ]

Sec. 13. Section 10-146b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

[(a)] Any person who holds a provisional educator or provisional teaching certificate or held such certificate within one year of application for extension of such certificate and is unable to complete the requirements for a professional educator certificate within the period required, or any person who holds a professional educator certificate or held such certificate within one year of application for extension of such certificate and is unable to complete the requirements for continuation of such professional educator certificate within the period required may appeal to said board for an extension of the applicable period for good cause and said board, if it finds a hardship exists in the case of such person or if it finds an emergency situation because of a shortage of certified teachers in the school district where such person is employed, may extend, effective as of or retroactive to the expiration date of such certificate, such applicable period within which such person shall complete such requirements for such time as to said board seems reasonable, provided not more than one extension shall be granted to such person and, provided further, the record of such person is satisfactory under the provisions of sections 10-145a to 10-145d, inclusive, as amended, and this section. For the purposes of section 10-151, as amended, any lapse period pursuant to this section shall not constitute a break in employment for such person if reemployed and shall be used for the purpose of calculating continuous employment.

[(b) Notwithstanding any provision of the general statutes to the contrary, the Commissioner of Education may waive compliance with a provision of a statute or regulation which establishes standards for the certification of teachers and which was revised effective July 1, 1989, provided the person requesting a waiver (1) submits a request for such waiver to the commissioner not later than September 1, 1990, and (2) can demonstrate that prior to July 1, 1989, he met the requirements of the statute or regulation in effect on June 30, 1989, and that failure to qualify under such requirements was due solely to the failure to make a timely filing of an application or documents, that such failure to make a timely filing was a result of a hardship or extenuating circumstance beyond the control of such person and that he filed the application and documents for the requested certification not later than September 1, 1989. ]

Sec. 14. Section 10-183l of the general statutes, as amended by section 41 of public act 01-1 of the June special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

[(a) The management of the system shall continue to be vested in the Teachers' Retirement Board, which shall consist of nine members including the Insurance Commissioner, the Commissioner of Social Services and the Commissioner of Education, or their designees, who shall be members of the board, ex officio. On or before June 15, 1983, and quadrennially thereafter, the members of such system shall elect from their number, in a manner to be prescribed by said board, three persons to serve as members of said board for terms of four years beginning July first following such election. If a vacancy occurs in the positions filled by the members of said system who are not retired, said board shall elect a member of the system who is not retired to fill the unexpired portion of the term. If a vacancy occurs in the position filled by the retired member of said system, said board shall elect a retired member of the system to fill the unexpired portion of the term. The Governor shall appoint three public members to said board in accordance with the provisions of section 4-9a. The members of the board shall serve without compensation, but shall be reimbursed for any expenditures or loss of salary or wages which they incur through service on the board. ]

[(b)] (a) On and after July 1, 1991, the management of the system shall continue to be vested in the Teachers' Retirement Board, which shall consist of twelve members including the Commissioner of Social Services and the Commissioner of Education, or their designees, who shall be members of the board, ex officio. On or before June 15, 1985, and quadrennially thereafter, the members of such system shall elect from their number, in a manner prescribed by said board, two persons to serve as members of said board for terms of four years beginning July first following such election. Both of such persons shall be active teachers who shall be nominated by the members of the system who are not retired and elected by all the members of the system. On or before July 1, 1991, and quadrennially thereafter, the members of such system shall elect from their number, in a manner prescribed by said board, three persons to serve as members of said board for terms of four years beginning July first following such election. Two of such persons shall be retired teachers who shall be nominated by the retired members of the system and elected by all the members of the system and one shall be an active teacher who shall be nominated by the members of the system who are not retired and elected by all the members of the system. If a vacancy occurs in the positions filled by the members of said system who are not retired, said board shall elect a member of the system who is not retired to fill the unexpired portion of the term. If a vacancy occurs in the positions filled by the retired members of said system, said board shall elect a retired member of the system to fill the unexpired portion of the term. The Governor shall appoint five public members to said board in accordance with the provisions of section 4-9a. The members of the board shall serve without compensation, but shall be reimbursed for any expenditures or loss of salary or wages which they incur through service on the board. All decisions of the board shall require the approval of six members of the board or a majority of the members who are present, whichever is greater.

[(c)] (b) In carrying out its duties, the board may employ a secretary and such clerical and other assistance as may be necessary. Their salaries shall be paid by said board with the approval of the Secretary of the Office of Policy and Management. Said board shall employ the services of one or more actuaries, each of which shall be an individual or firm having on its staff a fellow of the Society of Actuaries, to carry out the actuarial duties of this section and sections 10-183b, 10-183r, and 10-183z and for such related purposes as the board deems advisable. The cost of such services shall be charged to the funds provided for in section 10-183r. Said board shall arrange for such actuary to prepare an actuarial valuation of the assets and liabilities of the system as of June 30, 1980, and at least once every two years thereafter. On the basis of reasonable actuarial assumptions approved by the board, such actuary shall determine the normal cost required to meet the actuarial cost of current service and the unfunded accrued liability. Commencing December 1, 2002, such valuation shall be completed prior to December first biennially. Said board shall adopt all needed actuarial tables and may adopt regulations and rules not inconsistent with this chapter, including regulations and rules for payment of purchased service credits and repayment of previously withdrawn accumulated contributions. Said board shall establish such funds as are necessary for the management of the system. The board may enter into such contractual agreements, in accordance with established procedures, as may be necessary for the discharge of its duties.

[(d) Notwithstanding the failure of the Teachers' Retirement Board to elect, in accordance with the provisions of subsection (a) of this section, on or before June 15, 1983, three persons to serve as members of said board for terms of four years beginning July 1, 1983, the two persons who were elected in accordance with the provisions of said subsection (a) may continue to serve as members of said board through June 30, 1987, and the member of the board elected under the provisions of section 10-183l of the general statutes, revision of 1958, revised to January 1, 1981, to serve from July 1, 1981, through June 30, 1985, may continue to serve as a member through June 30, 1985. Any of the actions of the board taken with the participation of the member elected under the provisions of section 10-183l of the general statutes, revision of 1958, revised to January 1, 1981, which are otherwise valid are hereby validated. ]

Sec. 15. Section 10-257h of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

[(a) Not later than July 18, 1986, the supervising agent of each school district shall provide the executive secretary of the Teachers' Retirement Board with a preliminary report for the fiscal year ending June 30, 1987, which report shall provide the following data for each teacher employed by such school district: (1) Social security number; (2) school district code number; (3) educational preparation; (4) full-time equivalent status; (5) school level; (6) primary assignment code; (7) annual salary; and (8) the contract step at which the teacher is paid. Such supervising agent shall certify in writing that the data supplied on such report is true and accurate. Not later than August 1, 1986, the executive secretary of the Teachers' Retirement Board shall transmit to the Commissioner of Education a certified copy of the data collected by such executive secretary pursuant to the provisions of this subsection. ]

[(b)] (a) The executive secretary of the Teachers' Retirement Board shall, not later than October 1, 1987, and October first of every succeeding year, transmit to the Commissioner of Education a certified copy of the following data for each teacher reported by school districts to the Teachers' Retirement Board on the annual school staff reports due September 15, 1985, and September fifteenth of every succeeding year: (1) Social security number; (2) school district code number; (3) educational preparation; (4) full-time equivalent status; (5) school level; (6) primary assignment code; (7) annual salary; and (8) the contract step at which the teacher is paid.

[(c) The executive secretary of the Teachers' Retirement Board shall, not later than July 1, 1986, transmit to the Commissioner of Education a certified copy of the following data for each teacher reported by school districts to the Teachers' Retirement Board on the annual school staff reports due September 15, 1983, and September 15, 1984: (1) Social security number; (2) school district code number; (3) educational preparation; (4) full-time equivalent status; (5) school level; (6) primary assignment code; and (7) annual salary. ]

[(d)] (b) Notwithstanding any provision of the general statutes to the contrary, regional school district #19 shall, for teachers employed by such district who are not participants in the teachers' retirement system pursuant to chapter 167a, furnish to the Teachers' Retirement Board in the same manner and at the same time the same information it furnishes to said board pursuant to subdivision (3) of subsection (a) of section 10-183n for teachers who participate in the system.

Sec. 16. Section 13a-105 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

When any town has determined to construct or reconstruct any highway, section of highway or bridge, which construction or reconstruction is to be paid for from funds allotted to such town under the provisions of sections 13a-175a to [13a-175h] 13a-175f, inclusive, and the commissioner has entered into an agreement with the selectmen of such town, as provided by sections 13a-175e and 13a-175f, said commissioner shall call for bids and award a contract for such construction or reconstruction in the manner provided by section 13a-95, except that, if, in the opinion of said commissioner, it is to the best interest of the state and such town, [he] the commissioner may award to such town a contract for such construction or reconstruction upon such terms and conditions as [he] the commissioner determines, provided the estimated unit prices under any contract so awarded shall not be in excess of ten per cent more than the average unit prices prevailing during the preceding twelve months for similar work in the state and provided such town shall have authorized the selectmen to enter into such contract in the name and on behalf of such town. Nothing in this section shall be construed to eliminate the use of force account work for the repair of town aid highways. The commissioner may, subject to the approval of the selectmen or legislative body of such town, enter into an agreement with a third party for additional construction or reconstruction works when requested to do so by such third party, provided such third party shall, immediately upon certification by the commissioner, pay to the State Treasurer the full cost to the state of such additional construction or reconstruction works. If under such agreement such additional construction or reconstruction works are carried out by such third party, they shall conform with all requirements and regulations of such town and such as may be prescribed by the commissioner.

Sec. 17. Section 13a-106 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

When any town highway is maintained, improved, constructed or reconstructed on a force account basis by expenditure of funds allocated under sections 13a-175a to [13a-175h] 13a-175f, inclusive, the furnishing of gravel, sand or wood posts by competitive bids under section 4a-57 shall not be required when suitable material, meeting Department of Transportation specifications, is available to the town at a unit price acceptable to the commissioner.

Sec. 18. Section 13a-123f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) Any junkyard or scrap metal processing facility, lawfully in existence on October 1, 1967, which is within one thousand feet of the nearest edge of the right-of-way and visible from the main traveled way of any highway, as herein defined, and any junkyard or scrap metal processing facility, which is at any time lawfully established within one thousand feet of such edge and visible from the main traveled way of any highway which at any time after October 1, 1967, is made a part of the interstate or primary system, shall be screened, if feasible, by the Commissioner of Transportation at locations within the highway right-of-way or in areas acquired for such purposes outside the right-of-way so as not to be visible from the main traveled way of such highways.

(b) When the commissioner determines that the topography of the land adjoining the highway will not permit adequate screening of such junkyards or scrap metal processing facilities, or the screening of such junkyards or scrap metal processing facilities would not be economically feasible, the commissioner may acquire by gift, purchase, exchange or condemnation such interests in lands on which the junkyard or scrap metal processing facility is located as may be necessary to secure the removal or disposal of the junkyards or scrap metal processing facilities, and pay for the costs of removal or disposal thereof. When the commissioner determines that it is in the best interest of the state, he may acquire by purchase, gift, exchange or condemnation such lands, or interests in lands, of the junkyard owner or scrap metal processing facility owner as may be necessary to provide adequate screening of such junkyards or scrap metal processing facilities, and he may purchase land or interests in land from owners other than the junkyard owner or scrap metal processing facility owner for the purpose of providing adequate screening of such junkyards or scrap metal processing facilities.

[(c) Notwithstanding any provision of sections 13a-123c to 13a-123j, inclusive, or regulation promulgated pursuant thereto, any junkyard or scrap metal processing facility in existence on October 22, 1965, which does not conform to the requirements of said sections and which the commissioner finds as a practical matter cannot be screened shall not be required to be removed until July 1, 1970. ]

Sec. 19. Subsection (b) of section 13b-268 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(b) On or after October 1, 1989, no public railroad crossing at grade shall be constructed unless authorized by special act of the General Assembly. The Commissioner of Transportation, upon the request of the joint standing committee on transportation or upon his own initiative, shall investigate and make recommendations concerning the creation of such a crossing. Such investigation shall include a public hearing on the creation of such a crossing. The commissioner shall provide reasonable notice to the town, city or borough where such crossing is to be located, any railroad utilizing the rail line and the party requesting the crossing and to the public through publication of notice in a newspaper having general circulation in the municipality where such crossing is to be located. Any proposed legislation for the creation of such a crossing shall be accompanied by a detailed report containing, but not limited to the following information: The date of the public hearing, any requirements for the protection of persons using the crossing, including but not limited to the protections established in sections 13b-342 to [13b-347] 13b-346, inclusive, and a recommendation concerning the party to bear the costs of construction, installation and maintenance of such crossing.

Sec. 20. Section 13b-287 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

Whenever the Commissioner of Transportation orders a change in the location of a highway under the provisions of section 13b-285 [or 13b-286,] and the parties ordered by the commissioner to do the work cannot obtain the necessary land by agreement, the company, or the town, city or borough ordered to do the work, may take the land necessary for carrying out the orders of the commissioner.

Sec. 21. Section 13b-288 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

The provisions of sections [13b-206,] 13b-248, 13b-249, 13b-250, 13b-253, 13b-263, 13b-265, 13b-285 [,] and 13b-289 [and 13b-368] shall be deemed a part of the charter of every company authorized to construct, own or operate any railroad within this state, and all powers and privileges conferred and all duties and obligations imposed upon such companies by said sections are conferred or imposed upon such companies in the same manner and to the same extent as if the provisions of said sections were parts of the charters of such companies.

Sec. 22. Subsection (e) of section 16-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

[(e) (1) To insure the highest standard of public utility regulation, prior to July 1, 1997, at least three commissioners of the authority shall have training or experience in at least one of the following fields: Economics, engineering, law, accounting or finance. Prior to July 1, 1997, at least two of these fields shall be represented on the authority at all times. ]

[(2)] (e) To insure the highest standard of public utility regulation, on and after July 1, 1997, at least three of the commissioners of the authority shall have education or training and three or more years of experience in one or more of the following fields: Economics, engineering, law, accounting, finance, utility regulation, public or government administration, consumer advocacy, business management, and environmental management. On and after July 1, 1997, at least three of these fields shall be represented on the authority by individual commissioners at all times.

Sec. 23. Section 16-19k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

The Department of Public Utility Control may include the costs [of a water company's residential retrofit program and] of educational materials or information on water conservation required pursuant to [section 25-32h and] section 25-32k, as amended, as operating costs for rate-making purposes upon determination by the department that such costs are reasonable. The provisions of this section shall apply to any water company required to provide or that voluntarily makes available the [residential retrofit program or] educational materials or information on water conservation.

Sec. 24. Section 16-255 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

All companies, associations or corporations affected by the provisions of sections 16-248 to [16-254] 16-253, inclusive, shall, subject to the restrictions therein imposed, have all the powers and rights of construction that are or have by law been conferred upon any domestic telephone corporation by special charter or otherwise.

Sec. 25. Section 17a-210a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The Commissioner of Mental Retardation shall establish an independent ombudsperson office within the Department of Mental Retardation that is responsible for receiving and making recommendations to the commissioner for resolving complaints affecting consumers under the care or supervision of the department or of any public or private agency with which the department has contracted for the provision of services.

(b) The director of the ombudsperson office shall report monthly to the Council on Mental Retardation established by section 17a-270 and by December 15, 1999, and annually thereafter, to the joint standing committee of the General Assembly having cognizance of matters relating to public health.

[(c) Not later than September 1, 1999, the commissioner shall convene a special selection committee for advice and recommendations in the hiring or appointment of a director for the ombudsperson office established under subsection (a) of this section. The selection committee shall include self-advocates and family members of persons with mental retardation. ]

Sec. 26. Subsection (g) of section 17a-248g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(g) Notwithstanding any provision of title 38a relating to the permissible exclusion of payments for services under governmental programs, no such exclusion shall apply with respect to payments made pursuant to section 17a-248, sections 17a-248b to 17a-248f, inclusive, this section and sections 38a-490a and 38a-516a. Except as provided in this subsection, nothing in this section shall increase or enhance coverages provided for within an insurance contract subject to the provisions of section 10-94f, subsection (a) of section 10-94g, subsection (a) of section 17a-219b, subsection (a) of section 17a-219c, as amended, sections 17a-248, 17a-248b to 17a-248f, inclusive, this section, and sections [19a-1c,] 38a-490a and 38a-516a.

Sec. 27. Subsection (a) of section 17a-450a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The Department of Mental Health and Addiction Services shall constitute a successor department to the Department of Mental Health. Whenever the words "Commissioner of Mental Health" are used or referred to in the following general statutes, the words "Commissioner of Mental Health and Addiction Services" shall be substituted in lieu thereof and whenever the words "Department of Mental Health" are used or referred to in the following general statutes, the words "Department of Mental Health and Addiction Services" shall be substituted in lieu thereof: 2c-2b, as amended, 4-5, 4-38c, 4-60i, 4-77a, 4a-12, 4a-16, as amended, 5-142, as amended, 8-206d, 10-19, 10-71, 10-76d, as amended, 13b-38n, 17a-14, 17a-26, 17a-31, 17a-33, 17a-218, 17a-246, 17a-450, 17a-451, as amended, 17a-452, 17a-453, as amended, 17a-454, 17a-455, 17a-456, 17a-457, as amended, 17a-458, 17a-459, 17a-460, 17a-463, 17a-464, 17a-465, 17a-466, 17a-467, 17a-468, 17a-470, 17a-471, 17a-472, 17a-473, 17a-474, 17a-476, 17a-478, 17a-479, 17a-480, 17a-481, 17a-482, 17a-483, 17a-484, 17a-498, 17a-499, 17a-502, 17a-506, 17a-510, 17a-511, 17a-512, 17a-513, 17a-519, 17a-528, 17a-560, 17a-561, 17a-562, 17a-565, 17a-576, 17a-581, 17a-582, 17a-675, 17b-28, 17b-222, 17b-223, 17b-225, 17b-359, 17b-420, 17b-694, 19a-82, 19a-495, as amended, 19a-498, as amended, 19a-507a, 19a-507c, 19a-576, 19a-583, 20-14i, 20-14j, 21a-240, 21a-301, [22a-224,] 27-122a, 31-222, as amended, 38a-514, 46a-28, 51-51o, 52-146h and 54-56d, as amended.

Sec. 28. Section 17a-750 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

As used in sections 17a-750 to [17a-754] 17a-753, inclusive:

(1) "Northeastern region" means the towns of Brooklyn, Canterbury, Eastford, Killingly, Plainfield, Pomfret, Putnam, Sterling, Thompson and Woodstock;

(2) "Human services" means services provided to persons or families experiencing difficulty in meeting their basic human needs for (A) physical survival, including their need for food, shelter, clothing and maintenance of minimum income, (B) preparing for and sustaining employment, (C) job readiness, including employment and training programs and child care programs, (D) social support and interaction, especially in time of personal or family crisis, (E) assistance in addressing specific pathologies, such as health, mental health and substance abuse, and (F) access to available appropriate services, such as education, transportation, information and referral services and includes remedial and preventative services targeted to low and moderate income individuals and families, by age group or by specific need;

(3) "Negotiated investment strategy" means a mediated negotiation process to solve problems, resolve conflicts, develop plans for joint action and to implement those plans by involving all affected interests and which requires (A) an implementation plan to establish coherent, coordinated strategies to guide and target the investment of time and resources by all public and private interests, and (B) a written agreement that sets forth each party's roles and commitments and provides for subsequent monitoring to assure the commitments are carried out; and

(4) "State agency" means each state board, authority, commissioner, department, office, institution, council or other agency of the state, including, but not limited to, each constituent unit and each public institution of higher education.

Sec. 29. Subsection (a) of section 17b-118 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) No assistance or care shall be given under sections 17b-19, 17b-111, and 17b-116 to [17b-133] 17b-132, inclusive, as amended, to an employable person by the state or the town liable to support such person in accordance with sections 17b-111, 17b-116, as amended, and 17b-134. On and after July 1, 1995, financial assistance granted under the general assistance program and state-administered general assistance, to a person who has been determined to be a transitional individual, as defined in section 17b-689, shall be limited to a twenty-four-month period of eligibility with no more than ten months of assistance in the first twelve months of eligibility and no more than six months of assistance in the second twelve months of eligibility. Persons with dependent children under eighteen years of age and transitional individuals who are not classified as such solely due to mental illness or substance abuse who are eligible for assistance under sections 17b-19, 17b-63 to 17b-65, inclusive, 17b-111, 17b-116 to 17b-138, inclusive, as amended, 17b-220 to 17b-250, inclusive, as amended, 17b-256, as amended, 17b-259, as amended, 17b-263, 17b-287, 17b-340 to 17b-350, inclusive, as amended, and 17b-743 to 17b-747, inclusive, as amended, shall not be subject to the durational limits on assistance established pursuant to this section. The Commissioner of Social Services shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this subsection.

Sec. 30. Section 17b-127 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) No vendor of goods or services sold to or performed for any beneficiary of assistance under sections 17b-19, 17b-116 to [17b-133] 17b-132, inclusive, as amended, 17b-259, as amended, 17b-263, 17b-689, and 17b-689b shall, with intent to defraud, present for payment any false claim for goods or services performed, or accept payment for goods or services performed, which exceeds the amounts due for goods or services performed.

(b) Any person or vendor who defrauds or assists in defrauding any town as to the support of its paupers, or deceives the selectmen thereof in obtaining support for any person not entitled to the same, or is found in violation of subsection (a) of this section, shall be subject to (1) the penalties for larceny under sections 53a-122 to 53a-125b, inclusive, depending on the amount involved and (2) repayment to a town for the defrauded amount. In addition, any such person or vendor shall be subject to forfeiture of privileges of participation in the program provided under sections 17b-19, 17b-116 to [17b-133] 17b-132, inclusive, as amended, 17b-259, as amended, 17b-263, 17b-689 and 17b-689b. Any person or vendor who is convicted of violating this section shall be terminated from participation in such program, effective upon conviction. No vendor so terminated shall be readmitted to such program.

(c) Any person who defrauds the town to obtain any monetary award to which [he] such person is not entitled, assists another person in so defrauding the town or with intent to defraud, or violates any other provision of sections 17b-19, 17b-63 to 17b-65, inclusive, 17b-116 to 17b-138, inclusive, as amended, 17b-220 to 17b-250, inclusive, as amended, 17b-256, as amended, 17b-259, as amended, 17b-263, 17b-287, 17b-340 to 17b-350, inclusive, as amended, 17b-689, 17b-689b and 17b-743 to 17b-747, inclusive, as amended, shall be subject to the penalties for larceny under sections 53a-122 and 53a-123, depending on the amount involved. Any person convicted of violating this section shall be terminated from participation in the program for a period of at least one year.

Sec. 31. Subsection (c) of section 17b-266 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(c) Providers of comprehensive health care services as described in subdivisions (2), (3) and (4) of subsection (b) of this section shall not be subject to the provisions of chapter 698a or, in the case of an integrated service network, sections 17b-239 to 17b-245, inclusive, as amended, 17b-281, 17b-340, as amended, or 17b-342 to [17b-344] 17b-343, inclusive, as amended. Any such provider shall be certified by the Commissioner of Social Services in accordance with criteria established by the commissioner, including, but not limited to, minimum reserve fund requirements.

Sec. 32. Subsection (f) of section 17b-340 of the general statutes, as amended by section 52 of public act 01-2 of the June special session and section 95 of public act 01-9 of the June special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(f) For the fiscal year ending June 30, 1992, the rates paid by or for persons aided or cared for by the state or any town in this state to facilities for room, board and services specified in licensing regulations issued by the licensing agency, except intermediate care facilities for the mentally retarded and residential care homes, shall be based on the cost year ending September 30, 1989. For the fiscal years ending June 30, 1993, and June 30, 1994, such rates shall be based on the cost year ending September 30, 1990. [Notwithstanding the provisions of section 17b-344, such] Such rates shall be determined by the Commissioner of Social Services in accordance with this section and the regulations of Connecticut state agencies promulgated by the commissioner and in effect on April 1, 1991, except that:

(1) Allowable costs shall be divided into the following five cost components: Direct costs, which shall include salaries for nursing personnel, related fringe benefits and nursing pool costs; indirect costs, which shall include professional fees, dietary expenses, housekeeping expenses, laundry expenses, supplies related to patient care, salaries for indirect care personnel and related fringe benefits; fair rent, which shall be defined in accordance with subsection (f) of section 17-311-52 of the regulations of Connecticut state agencies; capital-related costs, which shall include property taxes, insurance expenses, equipment leases and equipment depreciation; and administrative and general costs, which shall include maintenance and operation of plant expenses, salaries for administrative and maintenance personnel and related fringe benefits. The commissioner may provide a rate adjustment for nonemergency transportation services required by nursing facility residents. Such adjustment shall be a fixed amount determined annually by the commissioner based upon a review of costs and other associated information. Allowable costs shall not include costs for ancillary services payable under Part B of the Medicare program.

(2) Two geographic peer groupings of facilities shall be established for each level of care, as defined by the Department of Social Services for the determination of rates, for the purpose of determining allowable direct costs. One peer grouping shall be comprised of those facilities located in Fairfield County. The other peer grouping shall be comprised of facilities located in all other counties.

(3) For the fiscal year ending June 30, 1992, per diem maximum allowable costs for each cost component shall be as follows: For direct costs, the maximum shall be equal to one hundred forty per cent of the median allowable cost of that peer grouping; for indirect costs, the maximum shall be equal to one hundred thirty per cent of the state-wide median allowable cost; for fair rent, the amount shall be calculated utilizing the amount approved by the Office of Health Care Access pursuant to section 19a-638; for capital-related costs, there shall be no maximum; and for administrative and general costs, the maximum shall be equal to one hundred twenty-five per cent of the state-wide median allowable cost. For the fiscal year ending June 30, 1993, per diem maximum allowable costs for each cost component shall be as follows: For direct costs, the maximum shall be equal to one hundred forty per cent of the median allowable cost of that peer grouping; for indirect costs, the maximum shall be equal to one hundred twenty-five per cent of the state-wide median allowable cost; for fair rent, the amount shall be calculated utilizing the amount approved by the Office of Health Care Access pursuant to section 19a-638; for capital-related costs, there shall be no maximum; and for administrative and general costs the maximum shall be equal to one hundred fifteen per cent of the state-wide median allowable cost. For the fiscal year ending June 30, 1994, per diem maximum allowable costs for each cost component shall be as follows: For direct costs, the maximum shall be equal to one hundred thirty-five per cent of the median allowable cost of that peer grouping; for indirect costs, the maximum shall be equal to one hundred twenty per cent of the state-wide median allowable cost; for fair rent, the amount shall be calculated utilizing the amount approved by the Office of Health Care Access pursuant to section 19a-638; for capital-related costs, there shall be no maximum; and for administrative and general costs the maximum shall be equal to one hundred ten per cent of the state-wide median allowable cost. For the fiscal year ending June 30, 1995, per diem maximum allowable costs for each cost component shall be as follows: For direct costs, the maximum shall be equal to one hundred thirty-five per cent of the median allowable cost of that peer grouping; for indirect costs, the maximum shall be equal to one hundred twenty per cent of the state-wide median allowable cost; for fair rent, the amount shall be calculated utilizing the amount approved by the Office of Health Care Access pursuant to section 19a-638; for capital-related costs, there shall be no maximum; and for administrative and general costs the maximum shall be equal to one hundred five per cent of the state-wide median allowable cost. For the fiscal year ending June 30, 1996, and any succeeding fiscal year, except for the fiscal years ending June 30, 2000, and June 30, 2001, for facilities with an interim rate in one or both periods, per diem maximum allowable costs for each cost component shall be as follows: For direct costs, the maximum shall be equal to one hundred thirty-five per cent of the median allowable cost of that peer grouping; for indirect costs, the maximum shall be equal to one hundred fifteen per cent of the state-wide median allowable cost; for fair rent, the amount shall be calculated utilizing the amount approved pursuant to section 19a-638; for capital-related costs, there shall be no maximum; and for administrative and general costs the maximum shall be equal to the state-wide median allowable cost. For the fiscal years ending June 30, 2000, and June 30, 2001, for facilities with an interim rate in one or both periods, per diem maximum allowable costs for each cost component shall be as follows: For direct costs, the maximum shall be equal to one hundred forty-five per cent of the median allowable cost of that peer grouping; for indirect costs, the maximum shall be equal to one hundred twenty-five per cent of the state-wide median allowable cost; for fair rent, the amount shall be calculated utilizing the amount approved pursuant to section 19a-638; for capital-related costs, there shall be no maximum; and for administrative and general costs, the maximum shall be equal to the state-wide median allowable cost and such medians shall be based upon the same cost year used to set rates for facilities with prospective rates. Costs in excess of the maximum amounts established under this subsection shall not be recognized as allowable costs, except that the Commissioner of Social Services (A) may allow costs in excess of maximum amounts for any facility with patient days covered by Medicare, including days requiring coinsurance, in excess of twelve per cent of annual patient days which also has patient days covered by Medicaid in excess of fifty per cent of annual patient days; (B) may establish a pilot program whereby costs in excess of maximum amounts shall be allowed for beds in a nursing home which has a managed care program and is affiliated with a hospital licensed under chapter 368v; and (C) may establish rates whereby allowable costs may exceed such maximum amounts for beds approved on or after July 1, 1991, which are restricted to use by patients with acquired immune deficiency syndrome or traumatic brain injury.

(4) For the fiscal year ending June 30, 1992, (A) no facility shall receive a rate that is less than the rate it received for the rate year ending June 30, 1991; (B) no facility whose rate, if determined pursuant to this subsection, would exceed one hundred twenty per cent of the state-wide median rate, as determined pursuant to this subsection, shall receive a rate which is five and one-half per cent more than the rate it received for the rate year ending June 30, 1991; and (C) no facility whose rate, if determined pursuant to this subsection, would be less than one hundred twenty per cent of the state-wide median rate, as determined pursuant to this subsection, shall receive a rate which is six and one-half per cent more than the rate it received for the rate year ending June 30, 1991. For the fiscal year ending June 30, 1993, no facility shall receive a rate that is less than the rate it received for the rate year ending June 30, 1992, or six per cent more than the rate it received for the rate year ending June 30, 1992. For the fiscal year ending June 30, 1994, no facility shall receive a rate that is less than the rate it received for the rate year ending June 30, 1993, or six per cent more than the rate it received for the rate year ending June 30, 1993. For the fiscal year ending June 30, 1995, no facility shall receive a rate that is more than five per cent less than the rate it received for the rate year ending June 30, 1994, or six per cent more than the rate it received for the rate year ending June 30, 1994. For the fiscal years ending June 30, 1996, and June 30, 1997, no facility shall receive a rate that is more than three per cent more than the rate it received for the prior rate year. For the fiscal year ending June 30, 1998, a facility shall receive a rate increase that is not more than two per cent more than the rate that the facility received in the prior year. For the fiscal year ending June 30, 1999, a facility shall receive a rate increase that is not more than three per cent more than the rate that the facility received in the prior year and that is not less than one per cent more than the rate that the facility received in the prior year, exclusive of rate increases associated with a wage, benefit and staffing enhancement rate adjustment added for the period from April 1, 1999, to June 30, 1999, inclusive. For the fiscal year ending June 30, 2000, each facility, except a facility with an interim rate or replaced interim rate for the fiscal year ending June 30, 1999, and a facility having a certificate of need or other agreement specifying rate adjustments for the fiscal year ending June 30, 2000, shall receive a rate increase equal to one per cent applied to the rate the facility received for the fiscal year ending June 30, 1999, exclusive of the facility's wage, benefit and staffing enhancement rate adjustment. For the fiscal year ending June 30, 2000, no facility with an interim rate, replaced interim rate or scheduled rate adjustment specified in a certificate of need or other agreement for the fiscal year ending June 30, 2000, shall receive a rate increase that is more than one per cent more than the rate the facility received in the fiscal year ending June 30, 1999. For the fiscal year ending June 30, 2001, each facility, except a facility with an interim rate or replaced interim rate for the fiscal year ending June 30, 2000, and a facility having a certificate of need or other agreement specifying rate adjustments for the fiscal year ending June 30, 2001, shall receive a rate increase equal to two per cent applied to the rate the facility received for the fiscal year ending June 30, 2000, subject to verification of wage enhancement adjustments pursuant to subdivision (15) of this subsection. For the fiscal year ending June 30, 2001, no facility with an interim rate, replaced interim rate or scheduled rate adjustment specified in a certificate of need or other agreement for the fiscal year ending June 30, 2001, shall receive a rate increase that is more than two per cent more than the rate the facility received for the fiscal year ending June 30, 2000. For the fiscal year ending June 30, 2002, each facility shall receive a rate that is two and one-half per cent more than the rate the facility received in the prior fiscal year. For the fiscal year ending June 30, 2003, each facility shall receive a rate that is two per cent more than the rate the facility received in the prior fiscal year. The Commissioner of Social Services shall add fair rent increases to any other rate increases established pursuant to this subdivision for a facility which has undergone a material change in circumstances related to fair rent.

(5) For the purpose of determining allowable fair rent, a facility with allowable fair rent less than the twenty-fifth percentile of the state-wide allowable fair rent shall be reimbursed as having allowable fair rent equal to the twenty-fifth percentile of the state-wide allowable fair rent, provided for the fiscal years ending June 30, 1996, and June 30, 1997, the reimbursement may not exceed the twenty-fifth percentile of the state-wide allowable fair rent for the fiscal year ending June 30, 1995. On and after July 1, 1998, the Commissioner of Social Services may allow minimum fair rent as the basis upon which reimbursement associated with improvements to real property is added. Beginning with the fiscal year ending June 30, 1996, any facility with a rate of return on real property other than land in excess of eleven per cent shall have such allowance revised to eleven per cent. Any facility or its related realty affiliate which finances or refinances debt through bonds issued by the State of Connecticut Health and Education Facilities Authority shall report the terms and conditions of such financing or refinancing to the Commissioner of Social Services within thirty days of completing such financing or refinancing. The Commissioner of Social Services may revise the facility's fair rent component of its rate to reflect any financial benefit the facility or its related realty affiliate received as a result of such financing or refinancing, including but not limited to, reductions in the amount of debt service payments or period of debt repayment. The commissioner shall allow actual debt service costs for bonds issued by the State of Connecticut Health and Educational Facilities Authority if such costs do not exceed property costs allowed pursuant to subsection (f) of section 17-311-52 of the regulations of Connecticut state agencies, provided the commissioner may allow higher debt service costs for such bonds for good cause. For facilities which first open on or after October 1, 1992, the commissioner shall determine allowable fair rent for real property other than land based on the rate of return for the cost year in which such bonds were issued. The financial benefit resulting from a facility financing or refinancing debt through such bonds shall be shared between the state and the facility to an extent determined by the commissioner on a case-by-case basis and shall be reflected in an adjustment to the facility's allowable fair rent.

(6) A facility shall receive cost efficiency adjustments for indirect costs and for administrative and general costs if such costs are below the state-wide median costs. The cost efficiency adjustments shall equal twenty-five per cent of the difference between allowable reported costs and the applicable median allowable cost established pursuant to this subdivision.

(7) For the fiscal year ending June 30, 1992, allowable operating costs, excluding fair rent, shall be inflated using the Regional Data Resources Incorporated McGraw-Hill Health Care Costs: Consumer Price Index (all urban)-All Items minus one and one-half per cent. For the fiscal year ending June 30, 1993, allowable operating costs, excluding fair rent, shall be inflated using the Regional Data Resources Incorporated McGraw-Hill Health Care Costs: Consumer Price Index (all urban)-All Items minus one and three-quarters per cent. For the fiscal years ending June 30, 1994, and June 30, 1995, allowable operating costs, excluding fair rent, shall be inflated using the Regional Data Resources Incorporated McGraw-Hill Health Care Costs: Consumer Price Index (all urban)-All Items minus two per cent. For the fiscal year ending June 30, 1996, allowable operating costs, excluding fair rent, shall be inflated using the Regional Data Resources Incorporated McGraw-Hill Health Care Costs: Consumer Price Index (all urban)-All Items minus two and one-half per cent. For the fiscal year ending June 30, 1997, allowable operating costs, excluding fair rent, shall be inflated using the Regional Data Resources Incorporated McGraw-Hill Health Care Costs: Consumer Price Index (all urban)-All Items minus three and one-half per cent. For the fiscal year ending June 30, 1992, and any succeeding fiscal year, allowable fair rent shall be those reported in the annual report of long-term care facilities for the cost year ending the immediately preceding September thirtieth. The inflation index to be used pursuant to this subsection shall be computed to reflect inflation between the midpoint of the cost year through the midpoint of the rate year. The Department of Social Services shall study methods of reimbursement for fair rent and shall report its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to human services on or before January 15, 1993.

(8) On and after July 1, 1994, costs shall be rebased no more frequently than every two years and no less frequently than every four years, as determined by the commissioner. The commissioner shall determine whether and to what extent a change in ownership of a facility shall occasion the rebasing of the facility's costs.

(9) The method of establishing rates for new facilities shall be determined by the commissioner in accordance with the provisions of this subsection.

(10) Rates determined under this section shall comply with federal laws and regulations.

(11) For the fiscal year ending June 30, 1992, and any succeeding fiscal year, one-half of the initial amount payable in June by the state to a facility pursuant to this subsection shall be paid to the facility in June and the balance of such amount shall be paid in July.

(12) Notwithstanding the provisions of this subsection, interim rates issued for facilities on and after July 1, 1991, shall be subject to applicable fiscal year cost component limitations established pursuant to subdivision (3) of this subsection.

(13) A chronic and convalescent nursing home having an ownership affiliation with and operated at the same location as a chronic disease hospital may request that the commissioner approve an exception to applicable rate-setting provisions for chronic and convalescent nursing homes and establish a rate for the fiscal years ending June 30, 1992, and June 30, 1993, in accordance with regulations in effect June 30, 1991. Any such rate shall not exceed one hundred sixty-five per cent of the median rate established for chronic and convalescent nursing homes established under this section for the applicable fiscal year.

(14) For the fiscal year ending June 30, 1994, and any succeeding fiscal year, for purposes of computing minimum allowable patient days, utilization of a facility's certified beds shall be determined at a minimum of ninety-five per cent of capacity, except for new facilities and facilities which are certified for additional beds which may be permitted a lower occupancy rate for the first three months of operation after the effective date of licensure.

(15) The Commissioner of Social Services shall adjust facility rates from April 1, 1999, to June 30, 1999, inclusive, by a per diem amount representing each facility's allocation of funds appropriated for the purpose of wage, benefit and staffing enhancement. A facility's per diem allocation of such funding shall be computed as follows: (A) The facility's direct and indirect component salary, wage, nursing pool and allocated fringe benefit costs as filed for the 1998 cost report period deemed allowable in accordance with this section and applicable regulations without application of cost component maximums specified in subdivision (3) of this subsection shall be totalled; (B) such total shall be multiplied by the facility's Medicaid utilization based on the 1998 cost report; (C) the resulting amount for the facility shall be divided by the sum of the calculations specified in subparagraphs (A) and (B) of this subdivision for all facilities to determine the facility's percentage share of appropriated wage, benefit and staffing enhancement funding; (D) the facility's percentage share shall be multiplied by the amount of appropriated wage, benefit and staffing enhancement funding to determine the facility's allocated amount; and (E) such allocated amount shall be divided by the number of days of care paid for by Medicaid on an annual basis including days for reserved beds specified in the 1998 cost report to determine the per diem wage and benefit rate adjustment amount. The commissioner may adjust a facility's reported 1998 cost and utilization data for the purposes of determining a facility's share of wage, benefit and staffing enhancement funding when reported 1998 information is not substantially representative of estimated cost and utilization data for the fiscal year ending June 30, 2000, due to special circumstances during the 1998 cost report period including change of ownership with a part year cost filing or reductions in facility capacity due to facility renovation projects. Upon completion of the calculation of the allocation of wage, benefit and staffing enhancement funding, the commissioner shall not adjust the allocations due to revisions submitted to previously filed 1998 annual cost reports. In the event that a facility's rate for the fiscal year ending June 30, 1999, is an interim rate or the rate includes an increase adjustment due to a rate request to the commissioner or other reasons, the commissioner may reduce or withhold the per diem wage, benefit and staffing enhancement allocation computed for the facility. Any enhancement allocations not applied to facility rates shall not be reallocated to other facilities and such unallocated amounts shall be available for the costs associated with interim rates and other Medicaid expenditures. The wage, benefit and staffing enhancement per diem adjustment for the period from April 1, 1999, to June 30, 1999, inclusive, shall also be applied to rates for the fiscal years ending June 30, 2000, and June 30, 2001, except that the commissioner may increase or decrease the adjustment to account for changes in facility capacity or operations. Any facility accepting a rate adjustment for wage, benefit and staffing enhancements shall apply payments made as a result of such rate adjustment for increased allowable employee wage rates and benefits and additional direct and indirect component staffing. Adjustment funding shall not be applied to wage and salary increases provided to the administrator, assistant administrator, owners or related party employees. Enhancement payments may be applied to increases in costs associated with staffing purchased from staffing agencies provided such costs are deemed necessary and reasonable by the commissioner. The commissioner shall compare expenditures for wages, benefits and staffing for the 1998 cost report period to such expenditures in the 1999, 2000 and 2001 cost report periods to verify whether a facility has applied additional payments to specified enhancements. In the event that the commissioner determines that a facility did not apply additional payments to specified enhancements, the commissioner shall recover such amounts from the facility through rate adjustments or other means. The commissioner may require facilities to file cost reporting forms, in addition to the annual cost report, as may be necessary, to verify the appropriate application of wage, benefit and staffing enhancement rate adjustment payments. For the purposes of this subdivision, "Medicaid utilization" means the number of days of care paid for by Medicaid on an annual basis including days for reserved beds as a percentage of total resident days.

Sec. 33. Section 18-100e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) Not later than October 1, 1998, the Commissioner of Correction shall establish a pilot zero-tolerance drug supervision program. Eligibility for participation in the program shall be limited to individuals who are eligible for participation in a community release program pursuant to section 18-100c and shall be based upon criteria, including a limit on the maximum number of eligible participants, established by the Commissioner of Correction.

(b) Any person entering such program shall, as a condition of participating in such program, agree to: (1) Submit to periodic urinalysis drug tests, (2) detention in a halfway house facility for a period of two days each time such test produces a positive result, and (3) comply with all rules established by the halfway house if detained in such facility.

(c) Participants in the zero-tolerance drug supervision program shall submit to periodic urinalysis drug tests. If the test produces a positive result, the participant may be detained in a halfway house facility for a period of two days.

(d) Any person who has submitted to a urinalysis drug test pursuant to subsection (c) of this section that produced a positive result may request that a second urinalysis drug test be administered, at such person's expense, to confirm the results of the first test, except that if the participant is determined to be indigent, based upon financial affidavits, the Department of Correction shall pay the cost of the test. The second drug test shall be a urinalysis drug test, separate and independent of the initial test. The participant may be detained in a halfway house pending the results of the second test. If such second test does not produce a positive result, the participant, if detained in a halfway house, shall be released from such halfway house and the fee, if paid by the participant, shall be refunded to the participant.

(e) If at any time during participation in the zero-tolerance drug supervision program, the Commissioner of Correction determines that the conduct of the participant is unsuitable for continuation in such program, such participant may be returned to a correctional facility.

[(f) Not later than January 1, 2000, the chairman of the Board of Parole, the Commissioner of Correction and the Chief Court Administrator shall submit a report on the pilot zero-tolerance drug supervision program to the joint standing committee of the General Assembly having cognizance of matters relating to criminal justice. ]

Sec. 34. Subsection (a) of section 19a-638 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) Except as provided in sections 19a-639a to [19a-639d] 19a-639c, inclusive:

(1) Each health care facility or institution, that intends to (A) transfer all or part of its ownership or control, (B) change the governing powers of the board of a parent company or an affiliate, whatever its designation, or (C) change or transfer the powers or control of a governing or controlling body of an affiliate, shall submit to the office, prior to the proposed date of such transfer or change, a request for permission to undertake such transfer or change.

(2) Each health care facility or institution or state health care facility or institution, including any inpatient rehabilitation facility, which intends to introduce any additional function or service into its program of health care shall submit to the office, prior to the proposed date of the institution of such function or service, a request for permission to undertake such function or service.

(3) Each health care facility or institution or state health care facility or institution which intends to terminate a health service offered by such facility or institution or decrease substantially its total bed capacity, shall submit to the office, prior to the proposed date of such termination or decrease, a request to undertake such termination or decrease.

(4) Each applicant, prior to submitting a certificate of need application under this section, section 19a-639, as amended by this act, or under both sections, shall submit a request, in writing, for application forms and instructions to the office. The request shall be known as a letter of intent. A letter of intent shall include: (A) The name of the applicant or applicants; (B) a statement indicating whether the application is for a new, replacement or additional facility, service or function, the expansion or relocation of an existing facility, service or function, a change in ownership or control, a termination of a service or a reduction in licensed bed capacity and the bed type, any new or additional beds and their type, a capital expenditure over one million dollars, the acquisition of major medical equipment, imaging equipment or a linear accelerator costing over four hundred thousand dollars, or any combination thereof; (C) the estimated capital cost, value or expenditure; (D) the town where the project is or will be located; and (E) a brief description of the proposed project. No certificate of need application will be considered submitted to the office unless a current letter of intent, specific to the proposal and in compliance with this subsection, has been on file with the office at least sixty days. A current letter of intent is a letter of intent which has been on file at the office up to and including one hundred twenty days, except that an applicant may request a one-time extension of a letter of intent of up to an additional thirty days for a maximum total of up to one hundred fifty days if, prior to the expiration of the current letter of intent, the office receives a written request to so extend the letter of intent's current status. The extension request shall fully explain why an extension is requested. The office shall accept or reject the extension request within five business days and shall so notify the applicant.

Sec. 35. Subsection (a) of section 19a-639 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) Except as provided in sections 19a-639a to [19a-639d] 19a-639c, inclusive, each health care facility or institution, including, but not limited to, any inpatient rehabilitation facility, any health care facility or institution or any state health care facility or institution proposing a capital expenditure exceeding one million dollars, or the acquisition of major medical equipment requiring a capital expenditure, as defined in regulations adopted pursuant to section 19a-643, in excess of four hundred thousand dollars, including the leasing or donation of equipment or a facility, shall submit a request for approval of such expenditure to the office, with such data, information and plans as the office requires in advance of the proposed initiation date of such project.

Sec. 36. Section 19a-655 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

Notwithstanding the provisions of sections 19a-167a to 19a-167d, inclusive, for the fiscal year commencing October 1, 1993, all hospitals shall have their budgets calculated and authorized pursuant to the following method:

(1) The authorized net revenue and expenses per equivalent discharge prior to compliance shall be the authorized net revenue and expenses per equivalent discharge prior to compliance for the year commencing October 1, 1992, adjusted for nonrecurring items and unbundling of services, increased by three and one-fourth per cent, plus any adjustment for certificate of need projects authorized by the office pursuant to [sections 19a-638 and 19a-657,] section 19a-638, as amended by this act, or section 19a-639, as amended by this act, or both.

(2) The authorized gross revenue per equivalent discharge prior to compliance shall be the authorized gross revenue per equivalent discharge prior to compliance for the year commencing October 1, 1992, adjusted for nonrecurring items and unbundling of services, increased by four and one-fourth per cent, plus any adjustment for certificate of need projects authorized by the office pursuant to [sections 19a-638 and 19a-657,] section 19a-638, as amended by this act, or section 19a-639, as amended by this act, or both.

(3) The authorized number of equivalent discharges for the fiscal year commencing October 1, 1993, shall be the number of equivalent discharges authorized by the office for the fiscal year commencing October 1, 1992, plus any additional equivalent discharges authorized by the office as a result of authorized certificate of need projects authorized by the office pursuant to [sections] section 19a-638 [and 19a-657,] or section 19a-639, or both.

(4) The authorized net revenue prior to compliance and the uncompensated care pool adjustments shall be the product of the result of subdivision (1) of this section times the result of subdivision (3) of this section.

(5) The authorized gross revenue prior to compliance and uncompensated care pool adjustments shall be the product of the result of subdivision (2) of this section times subdivision (3) of this section.

(6) The revenue caps established in this section shall not be increased except as provided in accordance with the provisions of sections [19a-657, 19a-658, 19a-660, 19a-663, 19a-664 and 19a-665] 19a-660 and 19a-663.

Sec. 37. Section 19a-667 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) Notwithstanding the provisions of sections 19a-168 to 19a-168f, inclusive, the uncompensated care pool shall terminate effective 12: 00 a. m. , April 1, 1994. The termination of the uncompensated care pool shall not impair or affect any act done, offense committed or right accruing, accrued or acquired, or any obligation, liability, penalty, forfeiture or punishment incurred prior to April 1, 1994, under chapter 368c of the general statutes, revision of 1958, revised to 1993, as amended, and the same may be enjoyed, asserted and enforced, as fully and to the same extent and in the same manner as they might under the laws existing prior to said date, and all matters civil or criminal pending on said date or instituted thereafter for any act done, offense committed, right accruing, accrued, or acquired, or obligation, liability, penalty, forfeiture, or punishment incurred prior to said date may be continued or instituted under and in accordance with the provisions of the law in force at the time of the commission of said act done, offense committed, right accruing, accrued, or acquired, or obligation, liability, penalty, forfeiture or punishment incurred.

[(b) On April 1, 1994, the Treasurer shall transfer ten million dollars of the funds in said pool representing the proceeds of the sale of bonds issued pursuant to section 19a-663 for the purpose of providing initial funding for said pool into a separate account of the General Fund to be used to pay debt service on any tax exempt state of Connecticut general obligation bond and shall transfer all remaining funds and assets of said pool to the resources of the General Fund. During the period April 1, 1994, to April 12, 1994, inclusive, revenues received and payments made from said pool, shall be made in accordance with the provisions of section 19a-168b. ]

[(c)] (b) (1) Final settlement of all obligations and liabilities of the uncompensated care pool shall be no later than June 15, 1995. All uncompensated care pool assessments and other liabilities of hospitals for the period ending March 31, 1994, based on the assessable accounts receivable as of March 31, 1994, shall be paid and all uncompensated care pool payments to hospitals attributable to the period ending March 31, 1994, shall be made no later than June 15, 1995. The amount, if any, by which assessments and other liabilities exceed payments shall be credited to the resources of the General Fund. (2) Following the final resolution of an action pending in the United States district court for the district of Connecticut entitled New England Health Care Union, District 1199, SEIU, AFL-CIO; et al v. Mt. Sinai Hospital et al, No. 92-CU-1012, any additional amounts owed to the state from hospitals as a result of payments that the hospitals are entitled to receive for patient care services following the resolution of such action shall be due and payable to the state no later than one month following receipt of such payments by the hospital. Such amount shall be deposited into the General Fund and credited to the reconciliation account established pursuant to section 19a-683.

Sec. 38. Section 19a-668 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

Notwithstanding section 19a-667, the Office of Health Care Access may maintain or enter into any contract or contracts with one or more private entities within available appropriations to deactivate, audit or consult on any rights, duties or obligations owed to the uncompensated care pool prior to April 1, 1994, to assist the Department of Social Services and to assist in the administration of sections 3-114i and 12-263a to 12-263e, inclusive, subdivisions (2) and (29) of section 12-407, as amended, subsection (1) of section 12-408, as amended, section 12-408a, subdivision (5) of section 12-412, subsection (1) of section 12-414, and sections 19a-646, 19a-659 to 19a-662, inclusive, and [19a-666] 19a-667 to 19a-680, inclusive, as amended, on or after April 1, 1994.

Sec. 39. Section 19a-669 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

Effective October 1, 1993, and October first of each subsequent year, the Secretary of the Office of Policy and Management shall determine and inform the Office of Health Care Access of the maximum amount of disproportionate share payments and emergency assistance to families eligible for federal matching payments under the Medical Assistance Program or the Emergency Assistance to Families Program pursuant to federal statute and regulations and subdivisions (2) and (28) of section 12-407, as amended, subsection (1) of section 12-408, as amended, subdivision (5) of section 12-412, section 12-414, sections 19a-649, 19a-660 and 19a-661 and this section and the actual and anticipated appropriation to the medical assistance disproportionate share-emergency assistance account authorized pursuant to sections 3-114i and 12-263a to 12-263e, inclusive, subdivisions (2) and (29) of section 12-407, as amended, subsection (1) of section 12-408, as amended, section 12-408a, subdivision (5) of section 12-412, subsection (1) of section 12-414 and sections 19a-646, 19a-659 to 19a-662, inclusive, and [19a-666] 19a-667 to 19a-680, inclusive, as amended, and the amount of emergency assistance to families' payments to hospitals projected for the year, and the anticipated amount of any increase in payments made pursuant to any resolution of any civil action pending on April 1, 1994, in the United States district court for the district of Connecticut. The Department of Social Services shall inform the office of any amount of uncompensated care which the Department of Social Services determines is due to a failure on the part of the hospital to register patients for emergency assistance to families, or a failure to bill properly for emergency assistance to families' patients. If during the course of a fiscal year the Secretary of the Office of Policy and Management determines that these amounts should be revised, [he] said secretary shall so notify the office and the office may modify its calculation pursuant to section 19a-671 to reflect such revision and its orders in accordance with section 19a-660, as it deems appropriate and the Commissioner of Social Services may modify [his] said commissioner's determination pursuant to section 19a-671.

Sec. 40. Subsection (d) of section 19a-670 of the general statutes, as amended by section 3 of public act 01-3 of the June special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(d) Nothing in section 3-114i, subdivisions (2) or (29) of section 12-407, as amended, subsection (1) of section 12-408, as amended, section 12-408a, subdivision (5) of section 12-412, subsection (1) of section 12-414, sections 12-263a to 12-263e, inclusive, sections 19a-646, 19a-659 to 19a-662 or [19a-666] 19a-667 to 19a-680, inclusive, as amended, or sections 1, 2, or 38 of public act 94-9* shall be construed to require the Department of Social Services to pay out more funds than are appropriated pursuant to said sections.

Sec. 41. Section 19a-670b of the general statutes, as amended by section 67 of public act 01-2 of the June special session and section 130 of public act 01-9 of the June special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

Nothing in section 12-263a, subsection (28) of section 12-407, section 19a-670, as amended, or 19a-670a [or 19a-676a] shall be construed as relieving any children's general hospital from any prior year's disproportionate share settlements or adjustments.

Sec. 42. Section 19a-671 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

The Commissioner of Social Services is authorized to determine the amount of payments pursuant to sections 19a-670 to 19a-672, inclusive, as amended, for each hospital. The commissioner's determination shall be based on the advice of the office and the application of the calculation in this section. For each hospital the Office of Health Care Access shall calculate the amount of payments to be made pursuant to sections 19a-670 to 19a-672, inclusive, as amended, as follows:

(1) For the period April 1, 1994, to June 30, 1994, inclusive, and for the period July 1, 1994, to September 30, 1994, inclusive, the office shall calculate and advise the Commissioner of Social Services of the amount of payments to be made to each hospital as follows:

(A) Determine the amount of pool payments for the hospital, including grants approved pursuant to section 19a-168k, in the previously authorized budget authorization for the fiscal year commencing October 1, 1993.

(B) Calculate the sum of the result of subparagraph (A) of this subdivision for all hospitals.

(C) Divide the result of subparagraph (A) of this subdivision by the result of subparagraph (B) of this subdivision.

(D) From the anticipated appropriation to the medical assistance disproportionate share-emergency assistance account made pursuant to sections 3-114i and 12-263a to 12-263e, inclusive, subdivisions (2) and (29) of section 12-407, as amended, subsection (1) of section 12-408, as amended, section 12-408a, subdivision (5) of section 12-412, subsection (1) of section 12-414 and sections 19a-646, 19a-659 to 19a-662, inclusive, and [19a-666] 19a-667 to 19a-680, inclusive, as amended, for the quarter subtract the amount of any additional medical assistance payments made to hospitals pursuant to any resolution of or court order entered in any civil action pending on April 1, 1994, in the United States District Court for the district of Connecticut, and also subtract the amount of any emergency assistance to families payments projected by the office to be made to hospitals in the quarter.

(E) The disproportionate share payment shall be the result of subparagraph (D) of this subdivision multiplied by the result of subparagraph (C) of this subdivision.

(2) For the fiscal year commencing October 1, 1994, and subsequent fiscal years, the interim payment shall be calculated as follows for each hospital:

(A) For each hospital determine the amount of the medical assistance underpayment determined pursuant to section 19a-659, plus the actual amount of uncompensated care including emergency assistance to families determined pursuant to section 19a-659, less any amount of uncompensated care determined by the Department of Social Services to be due to a failure of the hospital to enroll patients for emergency assistance to families, plus the amount of any grants authorized pursuant to the authority of section 19a-168k.

(B) Calculate the sum of the result of subparagraph (A) of this subdivision for all hospitals.

(C) Divide the result of subparagraph (A) of this subdivision by the result of subparagraph (B) of this subdivision.

(D) From the anticipated appropriation made to the medical assistance disproportionate share-emergency assistance account pursuant to sections 3-114i and 12-263a to 12-263e, inclusive, subdivisions (2) and (29) of section 12-407, as amended, subsection (1) of section 12-408, as amended, section 12-408a, subdivision (5) of section 12-412, subsection (1) of section 12-414 and sections 19a-646, 19a-659 to 19a-662, inclusive, and [19a-666] 19a-667 to 19a-680, inclusive, as amended, for the fiscal year, subtract the amount of any additional medical assistance payments made to hospitals pursuant to any resolution of or court order entered in any civil action pending on April 1, 1994, in the United States District Court for the district of Connecticut, and also subtract any emergency assistance to families payments projected by the office to be made to the hospitals for the year.

(E) The disproportionate share payment shall be the result of subparagraph (D) of this subdivision multiplied by the result of subparagraph (C) of this subdivision.

Sec. 43. Section 19a-672 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

The funds appropriated to the medical assistance disproportionate share-emergency assistance account pursuant to sections 3-114i and 12-263a to 12-263e, inclusive, subdivisions (2) and (29) of section 12-407, as amended, subsection (1) of section 12-408, as amended, section 12-408a, subdivision (5) of section 12-412, subsection (1) of section 12-414 and sections 19a-646, 19a-659 to 19a-662, inclusive, and [19a-666] 19a-667 to 19a-680, inclusive, as amended, shall be used by said account to make disproportionate share payments to hospitals, including grants to hospitals pursuant to section 19a-168k, and to make emergency assistance to families payments to hospitals. In addition, the medical assistance disproportionate share-emergency assistance account may utilize a portion of these funds to make outpatient payments as the Department of Social Services determines appropriate or to increase the standard medical assistance payments to hospitals if the Department of Social Services determines it to be appropriate to settle any civil action pending on April 1, 1994, in the United States District Court for the district of Connecticut. Notwithstanding any other provision of the general statutes, the Department of Social Services shall not be required to make any payments pursuant to sections 3-114i and 12-263a to 12-263e, inclusive, subdivisions (2) and (29) of section 12-407, as amended, subsection (1) of section 12-408, as amended, section 12-408a, subdivision (5) of section 12-412, subsection (1) of section 12-414 and sections 19a-646, 19a-659 to 19a-662, inclusive, and [19a-666] 19a-667 to 19a-680, inclusive, as amended, in excess of the funds available in the medical assistance disproportionate share-emergency assistance account.

Sec. 44. Section 19a-683 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

There is established a reconciliation account which shall be a separate, nonlapsing account within the General Fund. Any moneys received pursuant to subdivision (2) of subsection [(c)] (b) of section 19a-667, as amended by this act, shall be deposited by the Commissioner of Social Services into the account.

Sec. 45. Section 20-74bb of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) No person shall operate a medical x-ray system unless [he] such person has obtained a license as a radiographer from the department pursuant to this section. Each person seeking licensure as a radiographer shall make application on forms prescribed by the department, pay an application fee of one hundred dollars and present to the department satisfactory evidence that [he] such person (1) has completed a course of study in radiologic technology in a program accredited by the Committee on Allied Health Education and Accreditation of the American Medical Association or its successor organization, or a course of study deemed equivalent to such accredited program by the American Registry of Radiologic Technologists, and (2) has passed an examination prescribed by the department and administered by the American Registry of Radiologic Technologists.

[(b) From October 1, 1993, until January 1, 1995, a person seeking licensure pursuant to this section may present to the department satisfactory evidence that he has, from October 1, 1989, until October 1, 1994, practiced as a radiographer for at least thirty-six months, provided that any license issued pursuant to this subsection shall become void on October 1, 1997, unless the person has, on or before that date, presented to the department satisfactory evidence that he has met the requirement of subdivision (2) of subsection (a) of this section. Any person who (1) has taken and passed an examination by the American Registry of Radiologic Technologists, the American Registry of Clinical Radiology Technologists or other similar nationally recognized examination and is registered with such registry, (2) has been engaged in the practice of radiography for not less than twenty years, and (3) has not been the subject of any investigation or complaint by the Department of Public Health or similar agency, shall be deemed to have met the requirements of subdivisions (1) and (2) of subsection (a) of this section. ]

[(c)] (b) A radiographer licensed pursuant to subsection (c) of section 19a-14 and sections 20-74aa to 20-74cc, inclusive, and 20-74ee may operate a medical x-ray system under the supervision and upon the written order of a physician licensed pursuant to chapter 370, a chiropractor licensed pursuant to chapter 372, a natureopath licensed pursuant to chapter 373, a podiatrist licensed pursuant to chapter 375, a dentist licensed pursuant to chapter 379 or a veterinarian licensed pursuant to chapter 384.

[(d)] (c) Licenses shall be renewed annually in accordance with the provisions of section 19a-88, as amended. The fee for renewal shall be fifty dollars.

[(e)] (d) No license shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint in this or any other state or territory.

[(f)] (e) No person shall use the title "radiographer" unless [he] such person holds a license issued in accordance with this section.

[(g)] (f) Notwithstanding the provisions of subsection (a) of this section, a graduate of a course of study approved pursuant to subdivision (1) of said subsection may operate a medical x-ray system pending the results of the first examination for licensure scheduled following his or her graduation, provided such graduate is working in a hospital or similar organization where adequate supervision is provided.

[(h)] (g) Notwithstanding the requirements of this section, the commissioner shall grant a license to any person who submits satisfactory evidence that [he] such person has a degree in radiography or identical field of study under a different designation from an institution of higher education authorized to grant degrees by the state or country where located, has a minimum of ten years experience in the field of radiography, has a temporary license from the Department of Public Health and applies for licensure prior to January 1, 1998.

Sec. 46. Section 20-195c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) Each applicant for licensure as a marital and family therapist shall present to the department satisfactory evidence that such applicant has: (1) Completed a graduate degree program specializing in marital and family therapy from a regionally accredited college or university or an accredited postgraduate clinical training program approved by the Commission on Accreditation for Marriage and Family Therapy Education and recognized by the United States Department of Education; (2) completed a minimum of twelve months of a supervised practicum or internship to be completed within a period not to exceed twenty-four consecutive months with emphasis in marital and family therapy supervised by the program granting the requisite degree or by an accredited postgraduate clinical training program, approved by the Commission on Accreditation for Marriage and Family Therapy Education recognized by the United States Department of Education in which the student received a minimum of five hundred direct clinical hours that included one hundred hours of clinical supervision; (3) completed a minimum of twelve months of relevant postgraduate experience, including at least (A) one thousand hours of direct client contact offering marital and family therapy services subsequent to being awarded a master's degree or doctorate or subsequent to the training year specified in subdivision (2) of this subsection, and (B) one hundred hours of postgraduate clinical supervision provided by a licensed marital and family therapist who is not directly compensated by such applicant for providing such supervision; and (4) passed an examination prescribed by the department. The fee shall be two hundred fifty dollars for each initial application.

(b) The department may grant licensure without examination, subject to payment of fees with respect to the initial application, to any applicant who is currently licensed or certified in another state as a marital or marriage and family therapist on the basis of standards which, in the opinion of the department, are substantially similar to or higher than those of this state. No license shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint.

[(c) Notwithstanding the requirements of this section, the commissioner shall, not later than February 6, 2000, grant a license as a marital and family therapist to any person who applies for licensure prior to January 1, 2000, and submits satisfactory evidence that the applicant has (1) a minimum of ten years of relevant experience as of January 1, 1998, including a minimum of five years work experience under an approved supervisor or approved substitute supervisor of the American Association for Marriage and Family Therapy or supervisor or substitute supervisor certified or licensed under this chapter, or (2) successfully completed, prior to January 1, 1985, either (A) a graduate degree program specializing in marital and family therapy or (B) an accredited postgraduate clinical training program approved by the Commission on Accreditation for Marriage and Family Therapy Education and recognized by the United States Department of Education. ]

[(d)] (c) Licenses issued under this section may be renewed annually in accordance with the provisions of section 19a-88, as amended. The fee for such renewal shall be two hundred fifty dollars. Each licensed marital and family therapist applying for license renewal shall furnish evidence satisfactory to the commissioner of having participated in continuing education programs. The commissioner shall adopt regulations, in accordance with chapter 54, to (1) define basic requirements for continuing education programs, (2) delineate qualifying programs, (3) establish a system of control and reporting, and (4) provide for waiver of the continuing education requirement for good cause.

Sec. 47. Section 20-195dd of the general statutes, as amended by section 14 of public act 01-4 of the June special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) Except as provided in subsections (b) and (c) of this section, an applicant for a license as a professional counselor shall submit evidence satisfactory to the Commissioner of Public Health of having: (1) Completed sixty graduate semester hours deemed to be in or related to the discipline of professional counseling by the National Board for Certified Counselors, or its successor organization, at a regionally accredited institution of higher education, which included the core and clinical curriculum of the Council for Accreditation of Counseling and Related Educational Programs and preparation in principles of etiology, diagnosis, treatment planning and prevention of mental and emotional disorders and dysfunctional behavior, and has earned, from a regionally accredited institution of higher education with a major deemed to be in the discipline of professional counseling by the National Board for Certified Counselors or its successor organization, either (A) a master's degree of at least forty-two graduate semester hours or a master's degree and a sixth-year degree, or (B) a doctoral degree; (2) acquired three thousand hours of postgraduate-degree-supervised experience in the practice of professional counseling, performed over a period of not less than one year, that included a minimum of one hundred hours of direct supervision by (A) a physician licensed pursuant to chapter 370 who has obtained certification in psychiatry from the American Board of Psychiatry and Neurology, (B) a psychologist licensed pursuant to chapter 383, (C) an advanced practice registered nurse licensed pursuant to chapter 378 and certified as a clinical specialist in adult psychiatric and mental health nursing with the American Nurses Credentialing Center, (D) a marital and family therapist licensed pursuant to chapter 383a, (E) a clinical social worker licensed pursuant to chapter 383b, (F) a professional counselor licensed, or prior to October 1, 1998, eligible for licensure, pursuant to section 20-195cc, or (G) a physician certified in psychiatry by the American Board of Psychiatry and Neurology, psychologist, advanced practice registered nurse certified as a clinical specialist in adult psychiatric and mental health nursing with the American Nurses Credentialing Center, marital and family therapist, clinical social worker or professional counselor licensed or certified as such or as a person entitled to perform similar services, under a different designation, in another state or jurisdiction whose requirements for practicing in such capacity are substantially similar to or higher than those of this state; and (3) passed an examination prescribed by the commissioner.

[(b) (1) Prior to July 1, 1999, an applicant for a license as a professional counselor may, in lieu of the requirements set forth in subsection (a) of this section, submit evidence satisfactory to the commissioner of having: (A) Earned a master's degree, sixth-year degree or doctoral degree from a regionally accredited institution of higher education with a major the National Board for Certified Counselors or its successor organization deems to be in the discipline of professional counseling; and (B) practiced professional counseling for a minimum of two years within a five-year period immediately preceding application. ]

[(2)] (b) Prior to December 30, 2001, an applicant for a license as a professional counselor may, in lieu of the requirements set forth in subsection (a) of this section, submit evidence satisfactory to the commissioner of having: (A) Earned at least a thirty-hour master's degree, sixth-year degree or doctoral degree from a regionally accredited institution of higher education with a major in social work, marriage and family therapy, counseling, psychology or forensic psychology; (B) practiced professional counseling for a minimum of two years within a five-year period immediately preceding application; and (C) passed an examination prescribed by the commissioner.

(c) An applicant for licensure by endorsement shall present evidence satisfactory to the commissioner that the applicant is licensed or certified as a professional counselor, or as a person entitled to perform similar services under a different designation, in another state or jurisdiction whose requirements for practicing in such capacity are substantially similar to or higher than those of this state and that there are no disciplinary actions or unresolved complaints pending.

Sec. 48. Section 20-195ff of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

The Commissioner of Public Health may adopt regulations, in accordance with the provisions of chapter 54, to further the purposes of subdivision (18) of subsection (c) of section 19a-14, as amended, subsection (e) of section 19a-88, as amended, subdivision (15) of section 19a-175, subsection (b) of section 20-9, [subsection (c) of section 20-195c,] sections 20-195aa to 20-195ff, inclusive, as amended, and sections 20-206jj to 20-206oo, inclusive.

Sec. 49. Section 20-206n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The department may, upon receipt of an application and fee of one hundred fifty dollars, issue a certificate as a dietitian-nutritionist to any applicant who has presented to the commissioner satisfactory evidence that (1) [he] such applicant is certified as a registered dietitian by the Commission on Dietetic Registration, or (2) [he] such applicant has (A) successfully passed a written examination prescribed by the commissioner, and (B) received a master's degree or doctoral degree, from an institution of higher education accredited to grant such degree by a regional accrediting agency recognized by the United States Department of Education, with a major course of study which focused primarily on human nutrition or dietetics and which included a minimum of thirty graduate semester credits, twenty-one of which shall be in not fewer than five of the following content areas: (i) Human nutrition or nutrition in the life cycle, (ii) nutrition biochemistry, (iii) nutrition assessment, (iv) food composition or food science, (v) health education or nutrition counseling, (vi) nutrition in health and disease, and (vii) community nutrition or public health nutrition.

[(b) Notwithstanding the provisions of subsection (a) of this section, the commissioner may, not later than January 1, 1996, issue a certificate without examination to any applicant residing in this state on October 1, 1994, who offers proof to the satisfaction of the commissioner that he has (1) received a baccalaureate degree, from an institution of higher education accredited to grant such degree by a regional accrediting agency recognized by the United States Department of Education, with a major course of study which focused primarily on human nutrition or dietetics and which included a minimum of thirty semester credits in not fewer than five of the following content areas: (A) Human nutrition or nutrition in the life cycle, (B) nutrition biochemistry, (C) nutrition assessment, (D) food composition or food science, (E) health education or nutrition counseling, (F) nutrition in health and disease, and (G) community nutrition or public health nutrition, and (2) has completed not less than five thousand four hundred hours of clinical practicum or postgraduate work experience in dietetics or nutrition practice between July 1, 1980, and July 1, 1995.

(c) Notwithstanding the provisions of subsection (a) of this section, the commissioner may, not later than January 1, 1996, issue a certificate without examination to any applicant residing in this state on October 1, 1994, who offers proof to the satisfaction of the commissioner that he (1) has received a master's degree or doctoral degree, from an institution of higher education accredited to grant such degree by a regional accrediting agency recognized by the United States Department of Education, with a major course of study which focused primarily on human nutrition or dietetics and which included a minimum of thirty graduate semester credits, twenty-one of which shall be in not fewer than five of the following content areas: (A) Human nutrition or nutrition in the life cycle, (B) nutrition biochemistry, (C) nutrition assessment, (D) food composition or food science, (E) health education or nutrition counseling, (F) nutrition in health and disease, and (G) community nutrition or public health nutrition, and (2) has completed not less than one hundred hours of clinical practicum or postgraduate work experience in dietetics or nutrition practice between July 1, 1985, and July 1, 1995. ]

[(d)] (b) No certificate shall be issued under this section to any applicant against whom a professional disciplinary action is pending or who is the subject of an unresolved complaint.

Sec. 50. Section 20-361 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

[(a)] Except as provided in [subsection (b) of this section and] section 20-365, no person shall be licensed as a sanitarian who does not prove to the satisfaction of the commissioner that [he] such person holds a degree from an accredited college or university following four years of study and has two years of full-time experience, or the equivalent, in the field of environmental health acceptable to the commissioner. An applicant who successfully completes a special training course in environmental health approved by the commissioner may substitute such course for six months of such required experience in the field of environmental health. The applicant shall also be required to pass a written or oral examination in the science of environmental health as determined by the commissioner. An applicant for licensure shall not be required to be licensed while completing the work experience requirements of this section, provided, on and after January 1, 1998, such experience shall be completed under the supervision of a sanitarian licensed pursuant to this chapter or licensed, certified or registered in the jurisdiction in which such experience was completed.

[(b) For any person applying for licensure as a sanitarian on or before October 1, 1997, a minimum of four years of combined training and work experience in the field of environmental health within a Connecticut municipal or district health department, the Department of Public Health or the armed forces, as defined in section 27-103, may be substituted for the degree from an accredited college or university specified in subsection (a) of this section. ]

Sec. 51. Section 20-475 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

[(a)] On and after the effective date of regulations adopted pursuant to section 20-478, no entity shall hold itself out as a lead abatement contractor or lead consultant contractor, or to principally engage in such work in this state without a license issued by the Commissioner of Public Health. Applications for such license shall be made to the department on forms provided by it, and shall be accompanied by a fee of five hundred dollars, and shall contain such information regarding the applicant's qualifications as the department may require in regulations adopted pursuant to said section 20-478 including, but not limited to, demonstrating that all employees of any applicant who require certification pursuant to subsections (e) and (f) of section 19a-88, as amended, and sections 20-474 to 20-482, inclusive, are certified by the department. The department shall review the technical, equipment and personnel resources of each applicant. No person shall be issued a license to act as a lead abatement contractor or lead consultant contractor unless [he] such person obtains such approval. The commissioner may issue a license under this section to any person who is licensed in another state under a law which provides standards which are equal to or higher than those of Connecticut and is not subject to any unresolved complaints or pending disciplinary actions. Licenses issued pursuant to this section shall be renewed annually in accordance with the provisions of section 19a-88 upon payment of a fee of five hundred dollars.

[(b) The commissioner shall issue a temporary license as a lead abatement contractor or lead consultant contractor to any contractor who, as of July 1, 1994, is performing such work, which license shall be valid for a period of one year from said date and which shall expire no later than June 30, 1995. During the period such temporary license is in effect, the contractor shall make application to the department for licensure pursuant to subsection (a) of this section. If an application is pending for licensure pursuant to said subsection (a), the temporary license may be renewed for an additional six-month period. No temporary license shall be issued to any applicant against whom disciplinary action is pending or who is the subject of unresolved complaint under chapter 393c or 400. The fee for a temporary license and renewal shall be the same as those provided in said subsection (a). ]

Sec. 52. Section 20-476 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

[(a)] On and after the effective date of regulations adopted pursuant to section 20-478, no person shall hold himself out as a lead consultant, lead abatement supervisor or a lead abatement worker as defined in regulations adopted pursuant to section 20-478, in this state without a certificate issued by the Commissioner of Public Health. Applications for such certificate shall be made to the department on forms provided by it and shall be accompanied by a fee of twenty-five dollars, and shall contain such information regarding the applicant's qualifications as the department may require in regulations adopted pursuant to said section 20-478. No person shall be issued a certificate to act as a lead consultant, lead abatement supervisor or lead abatement worker unless [he] such person obtains such approval. The commissioner may issue a certificate under this section to any person who is licensed or certified in another state under a law which provides standards which are equal to or higher than those of Connecticut and is not subject to any unresolved complaints or pending disciplinary actions. Certificates issued pursuant to this section shall be renewed annually in accordance with the provisions of section 19a-88, as amended, upon payment of a fee of twenty-five dollars.

[(b) The commissioner shall issue a temporary certificate as a lead consultant, lead abatement supervisor or lead abatement worker to any person who, as of July 1, 1994, is performing such work, which certificate shall be valid for a period of one year from said date and which shall expire no later than June 30, 1995. During the period such temporary certificate is in effect, the lead consultant, lead abatement supervisor or lead abatement worker shall make application to the department for certification pursuant to subsection (a) of this section. If an application is pending for certification pursuant to said subsection (a), the temporary certificate may be renewed for an additional six-month period. The fee for a temporary license and renewal shall be the same as those provided in said subsection (a). ]

Sec. 53. Section 22a-46 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

This part, subsection (a) of section 23-61a [,] and sections 23-61b [to 23-61d, inclusive,] and 23-61f, as amended by this act, may be cited as the "Connecticut Pesticide Control Act".

Sec. 54. Section 22a-47 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

For purposes of this part, subsection (a) of section 23-61a [,] and sections 23-61b [to 23-61d, inclusive,] and 23-61f, as amended by this act:

(a) "Active ingredient" means:

(1) In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate any pest;

(2) In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the product thereof;

(3) In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant; and

(4) In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue;

(b) "Adulterated" applies to any pesticide if:

(1) Its strength or purity falls below the professed standard of quality as expressed on its labeling under which it is sold;

(2) Any substance has been substituted wholly or in part for the pesticide; or

(3) Any valuable constituent of the pesticide has been wholly or in part abstracted;

(c) "Animal" means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish;

(d) "Certified applicator" means any individual who is certified under section 22a-54;

(e) "Private applicator" means a certified applicator who uses or supervises the use of any pesticide, which is classified for restricted use for the purpose of producing any agricultural commodity, on property owned or rented by [him or his] the applicator or the applicator's employer or if applied without compensation other than trading of personal services between producers of agricultural commodities on the property of another person: A pesticide shall be construed to be applied under the direct supervision of a private applicator if it is applied by a competent person on property owned or rented by a private applicator acting under the instructions and control of a private applicator who is available if and when needed;

(f) "Commercial applicator" means any individual, whether or not [he] such individual is a private applicator with respect to some uses, who uses or supervises the use of (1) any restricted use pesticides, or (2) any pesticide on property not owned or rented by [him or his] such individual or such individual's employer;

(g) "Commissioner" means the Commissioner of Environmental Protection;

(h) "Defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission;

(i) "Desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue;

(j) "Device" means any instrument or contrivance which uses pesticides and is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life; but not including equipment used for the application of pesticides when sold separately therefrom;

(k) "Environment" includes the ecosystem of water, air, land, plants, man and other animals, and the interrelationships which exist among these;

(l) "Imminent hazard" means a situation which exists when the continued use of a pesticide, during the time required for a cancellation proceeding as provided in section 22a-52, as amended by this act, would be likely to result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the Secretary of the Interior pursuant to the provisions of 83 Stat. 275 (P. L. 91-135), as may be amended from time to time;

(m) "Inert ingredient" means an ingredient which is not active;

(n) "Ingredient statement" means a statement which contains the name and percentage of each active ingredient, and the total percentage of all inert ingredients, in the pesticide; and a statement of the percentages of total and water soluble arsenic, calculated as elementary arsenic, if any;

(o) "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, usually winged forms, including, but not limited to, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, including, but not limited to, spiders, mites, ticks, centipedes, and wood lice;

(p) "Label" means the written, printed, or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers;

(q) "Labeling" means all labels and all other written, printed or graphic matter, accompanying the pesticide or device or to which reference is made on the label or in literature accompanying the pesticide or device;

(r) A pesticide is misbranded if:

(1) Its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular;

(2) It is contained in a package or other container or wrapping which does not conform to the standards established by 86 Stat. 979 (P. L. 92-516), as may be amended from time to time;

(3) It is an imitation of, or is offered for sale under the name of another pesticide;

(s) "Microorganism" means any microscopic organism including but not limited to alga, bacterium, fungus, and virus except those on or in living man or other animals and those on or in processed food, beverage or pharmaceuticals;

(t) "Nematode" means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle and inhabiting soil, water, plants, or plant parts which may also be called nemas or eelworms;

(u) "Person" means any individual, partnership, association, corporation, limited liability company, government entity, or any organized group of persons whether incorporated or not;

(v) "Pest" shall have the meaning provided in 40 CFR 152. 5, as amended from time to time;

(w) "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant;

(x) "Plant regulator" means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments which are not for pest destruction and are nontoxic, nonpoisonous in the undiluted packaged concentration;

(y) "Registrant" means a person who has registered any pesticide pursuant to the provisions of this chapter;

(z) "Unreasonable adverse effects on the environment" means any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide;

(aa) "Weed" means any plant which grows where not wanted;

(bb) "FIFRA" means the federal Insecticide, Fungicide and Rodenticide Act, 7 USC 135 et seq. , as amended by the federal Environmental Pesticide Control Act of 1972, 7 USC 136 et seq. , and as may be amended from time to time;

(cc) "Restricted use pesticide" means any pesticide or pesticide use classified as restricted by the administrator of the United States Environmental Protection Agency or by the commissioner; and

(dd) "Integrated pest management" means use of all available pest control techniques including judicious use of pesticides, when warranted, to maintain a pest population at or below an acceptable level, while decreasing the unnecessary use of pesticides.

Sec. 55. Subsection (a) of section 22a-48 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) Except as otherwise provided by this part, subsection (a) of section 23-61a [, or sections 23-61b to 23-61d, inclusive] or section 23-61b, as amended by this act, no person may distribute, sell, offer for sale, hold for sale, ship, deliver for shipment or receive and, having so received, deliver or offer to deliver, to any person in this state any pesticide which is not registered with the commissioner, provided a pesticide which is not registered with the commissioner may be transferred if (1) the transfer is from one plant in this state to another plant in this state operated by the same producer solely for packaging at the second plant or for use as a constituent part of another pesticide produced at the second plant; or (2) the transfer is pursuant to and in accordance with the requirements of an experimental use permit.

Sec. 56. Subsection (j) of section 22a-50 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(j) In no event shall registration of an article be construed as a defense for the commission of any offense under this part, subsection (a) of section 23-61a [, or sections 23-61b to 23-61d, inclusive] or section 23-61, as amended by this act, provided if no cancellation proceedings are in effect, registration of a pesticide shall be prima facie evidence that the pesticide, its labeling and packaging comply with the registration provisions of this part and said sections.

Sec. 57. Subsection (a) of section 22a-52 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The commissioner shall cancel the registration of any pesticide at the end of the five-year period which begins on the date of its registration, or at the end of any five-year period thereafter, unless the registrant, or other interested person with the concurrence of the registrant, before the end of such period, requests in accordance with regulations prescribed by the commissioner that the registration be continued in effect provided the commissioner may permit the continued sale and use of existing stocks of a pesticide whose registration is cancelled under this section to such extent, under such conditions, and for such uses as [he] the commissioner may specify if [he] the commissioner determines that such sale or use is not inconsistent with the purposes of this part, subsection (a) of section 23-61a [, or sections 23-61b to 23-61d, inclusive] or section 23-61b, as amended by this act, and will not have unreasonable adverse effects on the environment. The commissioner shall notify the registrant, at least thirty days prior to the expiration of such five-year period, that the registration will be cancelled.

Sec. 58. Section 22a-56a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

The Commissioner of Environmental Protection may refuse to grant distributor registration or renewal of registration and may revoke or suspend registration following a hearing in accordance with the provisions of chapter 54. Any violation of the provisions of this part or of section 22a-66y or 22a-66z or a regulation adopted thereunder, applicable to registered distributors, shall be grounds for revocation, refusal to renew or suspension of registration including, but not be limited to, the following: (1) Falsification of records required to be maintained pursuant to subsections (a) and (b) of section 22a-58 or refusal to keep and maintain such records; (2) neglecting or refusing to comply with or violating any of the provisions of this part, the regulations adopted thereunder, or any lawful order of the commissioner; (3) the distribution, sale or offering for sale of any restricted use pesticide to any person unless that person is a commercial supervisor or a private applicator certified under section 22a-54 or under subsection (a) of section 23-61a or [sections 23-61b to 23-61d, inclusive] section 23-61b, as amended by this act, or a seller registered under section 22a-56; (4) distribution, sale or offering for sale any permit use pesticide to any person unless that person has a permit issued in accordance with the provisions of this part, subsection (a) of section 23-61a or [sections 23-61b to 23-61d, inclusive] section 23-61b, as amended by this act, or to a seller registered under section 22a-56; (5) the distribution, sale, offering for sale, holding for sale or offering to deliver any restricted or permit use pesticide without distributor registration under section 22a-56.

Sec. 59. Subsection (b) of section 22a-57 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(b) No person shall distribute, sell or offer for sale any permit use pesticide to any person unless that person has a permit issued in accordance with the provisions of this part, subsection (a) of section 23-61a or [sections 23-61b to 23-61d, inclusive] section 23-61b, as amended by this act, or to a seller registered under section 22a-56.

Sec. 60. Subsection (b) of section 22a-58 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(b) For the purposes of enforcing the provisions of this part, subsection (a) of section 23-61a [,] and sections 23-61b [to 23-61d, inclusive,] and 23-61f, as amended by this act, any distributor, carrier, dealer, or any other person who sells or offers for sale, delivers or offers for delivery any pesticide or device subject to this part and said sections, shall, upon request of any officer or employee of the Department of Environmental Protection duly designated by the commissioner, furnish or permit such person at all reasonable times to have access to, and to copy:

(1) All records showing the delivery, movement, or holding of such pesticide or device, including the quantity, the date of shipment and receipt, and the name of the consignor and consignee; or

(2) In the event of the inability of any person to produce records containing such information, all other records and information relating to such delivery, movement, or holding of the pesticide or device. Any inspection with respect to any records and information referred to in this subsection shall not extend to financial data, sales data other than shipment data, pricing data, personnel data, and research data.

Sec. 61. Section 22a-59 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) For purposes of enforcing the provisions of this chapter, subsection (a) of section 23-61a [,] and sections 23-61b [to 23-61d, inclusive,] and 23-61f, as amended by this act, officers or employees duly designated by the commissioner are authorized to enter at reasonable times, any establishment or other place where pesticides or devices are being or have been used, or where pesticides or devices are held for use, distribution or sale in order to: (1) Observe the application of pesticides; (2) determine if the applicator is or should be certified; (3) determine if the applicator has obtained a proper permit to apply restricted use pesticides; (4) inspect equipment or devices used to apply pesticides; (5) inspect or investigate the validity of damage claims; (6) inspect or obtain samples in any place where pesticides or devices have been used or are held for use, storage, distribution or sale; (7) obtain samples of any pesticides or devices packaged, labeled and released for shipment and samples of any containers or labeling for such pesticides or devices, and (8) obtain samples of any pesticides or devices that have been used and obtain samples of any containers or labeling for such pesticides or devices. Before undertaking such inspection, the officers or employees shall present to the owner, operator, or agent in charge of the establishment or other place where pesticides or devices are held for distribution or sale, appropriate credentials and a written statement as to the reason for the inspection, including a statement as to whether a violation of the law is suspected. If no violation is suspected, an alternate and sufficient reason shall be given in writing. Each such inspection shall be commenced and completed with reasonable promptness. If the officer or employee obtains any samples, prior to leaving the premises, he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained and, if requested, a portion of each such sample equal in volume or weight to the portion retained. If an analysis is made of such samples, the laboratories of the Connecticut Agricultural Experiment Station may be used and a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agents in charge and the commissioner.

(b) For purposes of enforcing the provisions of this part, subsection (a) of section 23-61a [,] and sections 23-61b [to 23-61d, inclusive,] and 23-61f, as amended by this act, and upon a showing to an officer or court of competent jurisdiction that there is reason to believe that the provisions of this chapter and said sections have been violated, officers or employees duly designated by the commissioner are empowered to obtain and to execute warrants authorizing: (1) Entry for the purpose of this section; (2) inspection and reproduction of all records showing the quantity, date of shipment, and the name of consignor and consignee of any pesticide or device found in the establishment which is adulterated, misbranded, not registered, in the case of a pesticide, or otherwise in violation of this part and said sections and in the event of the inability of any person to produce records containing such information, all other records and information relating to such delivery, movement, or holding of the pesticide or device; and (3) the seizure of any pesticide or device which is in violation of this part and said sections.

Sec. 62. Subsection (b) of section 22a-62 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(b) Any pesticide distributed, sold, offered for sale or delivered for transportation or transported into or within the state for the purpose of sale shall be subject to seizure and condemnation upon application of the commissioner to the superior court for the judicial district of Hartford:

(1) In the case of a pesticide, if:

(A) It is adulterated or misbranded;

(B) It is not registered pursuant to the provisions of this part;

(C) Its labeling fails to bear the information required by the federal Insecticide, Fungicide and Rodenticide Act (P. L. 92-516), as may be amended from time to time;

(D) It is not colored or discolored and such coloring or discoloring is required under this part; or

(E) Any of the claims for it or any of the directions for its use differ in substance from the representations made in connection with its registration;

(2) In the case of a device, it is misbranded; or

(3) In the case of a pesticide or device, when used in accordance with the requirements imposed under this part, subsection (a) of section 23-61a [, or sections 23-61b to 23-61d, inclusive; ] or section 23-61b, as amended by this act, and as directed by the labeling, it nevertheless causes unreasonable adverse effects on the environment;

(4) In the case of a plant regulator, defoliant or desiccant, used in accordance with the label claims and recommendations, physical or physiological effects on plants or parts thereof shall not be deemed to be injurious, when such effects are the purpose for which the plant regulator, defoliant or desiccant was applied.

Sec. 63. Section 22a-63 of the general statutes, as amended by section 6 of public act 01-204 and section 73 of public act 01-9 of the June special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) Any registrant, commercial applicator, uncertified person who performs or advertises or solicits to perform commercial application, wholesaler, dealer, retailer or other distributor who knowingly violates any provision of this chapter, subsection (a) of section 23-61a [, or sections 23-61b to 23-61d, inclusive] or section 23-61b, as amended by this act, shall be fined not more than five thousand dollars, or imprisoned for not more than one year or both.

(b) Any private applicator or other person, not included in subsection (a), who knowingly violates any provision of this chapter, subsection (a) of section 23-61a [, or sections 23-61b to 23-61d, inclusive] or section 23-61b, as amended by this act, shall be fined not more than one thousand dollars, or imprisoned for not more than thirty days or both.

(c) Any person who, with intent to defraud, uses or reveals information relative to formulas of products acquired under the authority of this chapter, shall be fined not more than ten thousand dollars, or imprisoned for not more than one year or both.

(d) When construing and enforcing the provisions of this chapter, subsection (a) of section 23-61a [,] and sections 23-61b [to 23-61d, inclusive,] and 23-61f, as amended by this act, the action, omission or failure to act of any officer, agent or other person acting for or employed by any person shall in every case be also deemed to be the action, omission or failure to act of such person as well as that of the person employed.

(e) Any person who violates any provision of this chapter may be assessed a civil penalty of not more than two thousand five hundred dollars per day for each day such violation continues. The Attorney General, upon complaint of the commissioner, shall institute a civil action to recover such penalty in the superior court for the judicial district of Hartford. All actions brought by the Attorney General shall have precedence in the order of trial as provided in section 52-191.

(f) Any person who is not certified as a commercial applicator who performs or advertises or solicits to perform commercial application of a pesticide, or any person possessing an operational certificate for commercial application under section 22a-54 who performs or advertises or solicits to perform any activity requiring a supervisory certificate for commercial application shall be assessed a civil penalty in an amount not less than one thousand dollars nor more than two thousand dollars for each day such violation continues. For any subsequent violation, such penalty shall be not more than five thousand dollars. The Attorney General, upon complaint of the commissioner, may institute a civil action to recover such penalty in the superior court for the judicial district of Hartford. Any penalties collected under this subsection shall be deposited in the Environmental Quality Fund established under section 22a-27g and shall be used by the commissioner to carry out the purposes of this section.

Sec. 64. Section 22a-65 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) After public hearing, the commissioner may make regulations governing the disposal of any pesticide or any container therefor, to prevent pollution of any waterway and to protect plant and animal life. Such regulations shall be consistent with Section 19(a) of FIFRA and regulations promulgated thereunder.

(b) The commissioner shall, in cooperation with the college of agriculture and natural resources of The University of Connecticut, the Connecticut Agricultural Experiment Station and other public agencies, publish information regarding proper application or handling of pesticides and methods and precautions designed to prevent damage and injury.

(c) The commissioner may undertake such monitoring activities, including but not limited to monitoring in air, soil, water, man, plants and animals, as may be necessary for the implementation of this part, subsection (a) of section 23-61a [, or sections 23-61b to 23-61d, inclusive] or section 23-61b, as amended by this act, and of the National Pesticide Monitoring Plan. Such activities shall be carried out in cooperation with federal, state and local agencies.

(d) The commissioner shall establish a Pesticide Advisory Council consisting of, but not limited to, the director of the Agricultural Experiment Station, the Commissioner of Agriculture, the Commissioner of Public Health, and the dean of the college of agriculture of The University of Connecticut or their respective designees. The council shall meet at least annually and the commissioner may consult with the Pesticide Advisory Council on technical matters involving the application and use of pesticides, the determination of imminent hazards and the unreasonable adverse effects on the environment before promulgating regulations or orders in carrying out this part, subsection (a) of section 23-61a [,] and sections 23-61b [to 23-61d, inclusive,] and 23-61f, as amended by this act.

Sec. 65. Section 22a-66 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The commissioner is authorized to prescribe regulations to carry out the provisions of this part, subsection (a) of section 23-61a [, and sections 23-61b to 23-61d, inclusive] and section 23-61b, as amended by this act. Such regulations shall take into account the difference in concept and usage between various classes of pesticides.

(b) The commissioner may exempt from the requirements of this part, subsection (a) of section 23-61a [, and sections 23-61b to 23-61d, inclusive] and section 23-61b, as amended by this act, by regulation any pesticide which [he] the commissioner determines to be adequately regulated by another state or federal agency, in order to carry out the purposes of this part, [and said sections] said subsection and said section.

(c) The commissioner, after notice and opportunity for hearing, is authorized:

(1) To declare a pest any form of plant or animal life, other than man and other bacteria, virus and other microorganisms on or in living man or other living animals, which is injurious to health or the environment;

(2) To determine any pesticide which contains any substance or substances in quantities highly toxic to man;

(3) To prescribe regulations requiring any pesticide to be colored or discolored if [he] the commissioner determines that such requirement is feasible and is necessary for the protection of health and the environment. Such regulations shall be consistent with Section 25(c) of FIFRA and regulations promulgated thereunder;

(4) To prohibit the use of any pesticides by officials of towns, cities or boroughs or their agents when such use would result in unreasonable adverse effects on the environment;

(5) To prescribe regulations concerning the time, place, manner, methods, materials and amounts and concentrations, in connection with the application of pesticides in designated areas during specified periods of time and shall encompass all reasonable factors which the commissioner deems necessary to prevent damage or injury by drift or misapplication to:

(i) Plants including forage plants, or adjacent or nearby lands;

(ii) Wildlife in adjoining or nearby areas;

(iii) Fish and other aquatic life in waters in reasonable proximity to the area to be treated;

(iv) Beneficial insects, animals or man.

(d) The commissioner is authorized to exercise all incidental powers including prescribing regulations, in accordance with the provisions of chapter 54, to comply with FIFRA.

Sec. 66. Section 22a-209h of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

[(a)] Each manufacturer of electric lamps containing mercury sold in this state, in consultation with the Commissioner of Environmental Protection and the Connecticut Resources Recovery Authority, shall provide to any distributor of such lamps written information stating that mercury is contained in such lamps and a description of the laws of this state governing management of spent lamps containing mercury. Each such manufacturer shall provide such information either on each such lamp containing mercury, or in or on the packaging of each such lamp containing mercury, or in a sufficient amount of printed material provided to retailers to allow retailers to make such information available to any consumer purchasing any such lamp containing mercury. Each such manufacturer shall provide to each municipality in this state information regarding the appropriate management of spent lamps containing mercury.

[(b) On or before January 1, 2001, the Connecticut Resources Recovery Authority shall report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment regarding any changes which said authority has detected in the amount of mercury-containing products in the waste stream over the previous two years. ]

Sec. 67. Section 23-61b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) No person shall advertise, solicit or contract to do arboriculture within this state at any time without a license issued in accordance with the provisions of this section, except that any person may improve or protect any tree on [his] such person's own premises or on the property of [his] such person's employer without securing such a license provided such activity does not violate the provisions of chapter 441, subsection (a) of section 23-61a [,] or this section. [or section 23-61d. ] Application for such license shall be made to the Commissioner of Environmental Protection and shall contain such information regarding the applicant's qualifications and proposed operations and other relevant matters as the commissioner may require and shall be accompanied by a fee of twenty-five dollars which shall not be returnable.

(b) The commissioner shall require the applicant to show upon examination that [he] the applicant possesses adequate knowledge concerning the proper methods of arboriculture and the dangers involved and the precautions to be taken in connection with these operations, together with knowledge concerning the proper use and application of pesticides and the danger involved and precautions to be taken in connection with their application. If the applicant is other than an individual, the applicant shall designate an officer, member or technician of the organization to take the examination, which designee shall be subject to approval of the commissioner except that any person who uses pesticides in arboriculture shall be licensed to do arboriculture or shall be a licensed commercial applicator under chapter 441. If the extent of the applicant's operations warrant, the commissioner may require more than one such member or technician to be examined. If the commissioner finds the applicant qualified, [he] the commissioner shall issue a license to perform arboriculture within this state. A license shall be valid for a period of five years. If the commissioner finds that the applicant is not qualified, or if [he] the commissioner refuses to issue a license for any other reason, [he] the commissioner shall so inform the applicant in writing, giving reasons for such refusal.

(c) The commissioner may issue a license without examination to any nonresident who is licensed in another state under a law that provides substantially similar qualifications for licensure and which grants similar privileges of licensure without examination to residents of this state licensed under the provisions of this section.

(d) Each licensee shall pay a license renewal fee of one hundred fifty dollars for each renewal. All examination and license renewal fees shall be deposited as provided in section 4-32, and any expenses incurred by the commissioner in making examinations, issuing certificates, inspecting tree work or performing any duties of the commissioner shall be charged against appropriations of the General Fund.

(e) Each licensee shall maintain and, upon request, furnish such records concerning licensed activities as the commissioner may require.

(f) The commissioner may suspend for not more than ten days and, after notice and hearing as provided in any regulations established by the commissioner, [he] may suspend for additional periods, or [he] the commissioner may revoke, any license issued under this section if [he] the commissioner finds that the licensee is no longer qualified or has violated any provision of [sections 23-61a to 23-61d, inclusive] section 23-61a or this section, or any regulation adopted thereunder.

(g) The Commissioner of Environmental Protection, in consultation with the board, shall establish standards for examining applicants and reexamining applicators with respect to the proper use and application of pesticides and agricultural methods. Such standards shall provide that in order to be certified, an individual shall be competent with respect to the use and handling of pesticides or the use and handling of the pesticide or class of pesticides covered by such individual's application or certification and in the proper and safe application of recognized arboricultural methods.

(h) Any licensed arborist shall be considered to be a certified applicator under section 22a-54 with respect to the use of pesticides.

Sec. 68. Section 23-61f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) Any person who violates any provision of subsection (b), (c) or (d) of section 23-61b, as amended by this act, [or section 23-61d] or of any regulation issued under subsection (e) of section 23-61a shall be fined not more than two hundred dollars.

(b) Any person who violates any provision of chapter 441 or [sections 23-61a to 23-61d, inclusive,] section 23-61a shall be considered under the jurisdiction of the Commissioner of Environmental Protection.

(c) Any person who violates any provision of subsection (a) of section 23-61b, as amended by this act, [or section 23-61d] shall be assessed a civil penalty of not less than one thousand dollars but not more than two thousand five hundred dollars for each day such violation continues. The Attorney General, upon complaint of the commissioner, shall institute a civil action in the superior court for the judicial district of Hartford to recover such penalty. Any such action shall have precedence in the order of trial as provided in section 52-191.

Sec. 69. Section 25-32g of the general statutes, as amended by section 2 of public act 01-185, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

If the Commissioner of Public Health finds after investigation that any person is causing, engaging in or maintaining, or is about to cause, engage in or maintain, any condition or activity which violates any provision of sections 19a-36 to 19a-39, inclusive, or sections 25-32 to [25-54] 25-53, inclusive, as amended, or any regulation or permit adopted or issued thereunder and constitutes an immediate threat to the quality or adequacy of any source of water supply, the commissioner may, without prior hearing, issue an order in writing to such person to discontinue, abate, alleviate or correct such condition or activity. Upon receipt of such an order such person shall immediately discontinue, abate, alleviate or correct such condition or activity. The commissioner shall, within ten days after such order, hold a hearing to provide the person an opportunity to be heard and show that such condition, activity or violation does not exist. The local director of health in the municipality or municipalities in which such violation occurred or that utilize such water shall have the right to be heard in such proceeding. Such order shall remain in effect until ten days after the hearing within which time a new decision based on the hearing shall be made.

Sec. 70. Section 29-391 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

In any case in which any person suffers injury or in which the death of any person ensues in consequence of the failure of the owner of any building to provide the same with fire escapes or stairways as required by the provisions of [sections 29-389 and] section 29-390 or in consequence of the failure of such owner to comply with any order of the Labor Commissioner, made in conformity to the provisions thereof, such owner shall be liable to any person so injured for damages for such injury; and, in case of death, such owner shall be liable in damages for the injury caused by the death of such person. It shall be no defense to any action for the recovery of such damages that the person injured or whose death ensued as aforesaid had knowledge that such building was not provided with fire escapes or stairways as required by said sections or that such person continued to work in or to occupy such building with such knowledge. The owner of any building or, if such owner is non compos mentis or a minor, the guardian of such owner or, if such owner is a nonresident, the agent of such owner having charge of such property who fails to comply with the provisions of [sections 29-389 and] section 29-390 shall be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned not more than three months or be both fined and imprisoned.

Sec. 71. Section 31-44 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

Each owner, lessee or occupant of a factory or other building included within the provisions of this chapter, or owning or controlling the use of any room in such building, shall, for the violation of any provision of section [31-34,] 31-42 or 31-43, or for obstructing or hindering the commissioner or [his] the commissioner's deputies in carrying out the duties imposed on them by law, be fined not more than fifty dollars; but no prosecution shall be brought for any such violation until four weeks after notice has been given by the commissioner to such owner, lessee or occupant of any changes necessary to be made to comply with the provisions of said sections, and not then if, in the meantime, such changes have been made in accordance with such notification. Nothing herein shall limit the right of a person injured to bring an action to recover damages.

Sec. 72. Section 32-97 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

The council shall make a report to the Governor on or before the thirty-first day of January each year. The report shall include a summary of the activities of the council for the preceding year and any recommendations for legislation as may be necessary to promote the purposes of sections 32-96 to [32-101] 32-100, inclusive, as amended by this act.

Sec. 73. Section 32-99 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

The council shall have the following powers: (1) To request and obtain from any department, board, commission or other agency of the state or of any municipality, authority or other political subdivision within the state such assistance and data as will enable it to carry out the purposes of sections 32-96 to [32-101] 32-100, inclusive, as amended by this act; (2) to accept any federal funds granted for all or any of the purposes of said sections; (3) to accept any gifts, donations, bequests or grants of funds from private and public agencies for all or any of the purposes of said sections; (4) to coordinate the activities of any boards or commissions appointed by any municipality within the state for all or any of the purposes of said sections; and (5) to perform such other acts as may be necessary and appropriate to carry out the objectives and purposes of said sections.

Sec. 74. Section 36a-30 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) As used in sections 36a-30 to 36a-33, inclusive, as amended by this act, unless the context otherwise requires:

(1) "Bank" means any bank or out-of-state bank that maintains in this state a branch as defined in section 36a-410. "Bank" does not include special purpose banks that do not perform commercial or retail banking services in which credit is granted to the public in the ordinary course of business, other than as an incident to their specialized operations, including, but not limited to, banker's banks and banks that engage only in one or more of the following activities: Providing cash management controlled disbursement services or serving as correspondent banks, trust companies or clearing agents.

(2) "Federal CRA" means (A) the federal Community Reinvestment Act of 1977, 12 USC Section 2901 et seq. , as from time to time amended, and (B) the regulations implementing said act adopted by the federal financial supervisory agencies as set forth in 12 CFR Part 25, 12 CFR Part 228, 12 CFR Part 345 and 12 CFR Part 563e, as from time to time amended, and as applicable to the specific type of bank.

(3) "Federal financial supervisory agency" means the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of Thrift Supervision and any successor to any of the foregoing agencies, as applicable to the specific type of bank.

(b) The commissioner shall assess the record of each bank in satisfying its continuing and affirmative obligations to help meet the credit needs of its local communities, including low and moderate-income neighborhoods, consistent with the safe and sound operation of such banks, and shall provide for the consideration of such records in connection with any application listed in subsection (c) of section 36a-32.

(c) Each bank shall, in accordance with the provisions of federal CRA and without excluding low and moderate-income neighborhoods, delineate the local community or communities that comprise its entire community within this state or delineate one or more assessment areas, as applicable, within which the commissioner shall evaluate the bank's record of helping to meet the credit needs of its entire community in this state. The commissioner shall review the delineation for compliance with federal CRA and this subsection in connection with an examination of the bank under section 36a-17.

[(d) Until, but not after June 30, 1997, unless otherwise provided by federal CRA:

(1) The governing board of each bank shall adopt a community reinvestment statement for each delineated community. Each such statement shall include at least the following: (A) The delineation of the local community; (B) a list of specific types of credit within certain categories such as residential loans for one to four dwelling units, residential loans for five dwelling units and over, housing rehabilitation loans, home improvement loans, small business loans, farm loans, community development loans, commercial loans and consumer loans that the bank is prepared to extend within the local community; and (C) a copy of the community reinvestment notice as provided in section 36a-31.

(2) Each bank may include the following in each community reinvestment statement: (A) A description of how its current efforts, including special credit-related programs, help to meet community credit needs; (B) a periodic report regarding its record of helping to meet community credit needs; and (C) a description of its efforts to ascertain the credit needs of its community, including efforts to communicate with members of its community regarding credit services. Any community reinvestment statements in effect during the preceding two years shall be placed in the bank's public file.

(3) Each bank's governing board shall review each community reinvestment statement at least annually and shall act upon any material change made in the interim at its first regular meeting after the change. Such actions shall be noted in its minutes. Each current community reinvestment statement shall be readily available for public inspection (A) at the main office of the bank, and (B) at each office of the bank in the local community delineated in such statement, except satellite devices. Copies of each current community reinvestment statement shall be provided to the public upon request. A bank may charge a reasonable fee not to exceed the cost of copying and mailing, if applicable. ]

[(e)] (d) Each bank shall collect and report loan information in accordance with the applicable requirements of federal CRA. Each bank shall file with the commissioner a copy of each CRA disclosure statement prepared for such bank by a federal financial supervisory agency under federal CRA within thirty business days after receiving the statement.

[(f)] (e) Copies of the public section of the most recent community reinvestment performance evaluation prepared by the commissioner pursuant to subsection (b) of section 36a-32 shall be provided to the public upon request. A bank may charge a reasonable fee not to exceed the cost of copying and mailing, if applicable.

[(g)] (f) Each bank shall maintain a public file in accordance with federal CRA. Each bank shall place a copy of the public section of the bank's most recent community reinvestment performance evaluation prepared by the commissioner pursuant to subsection (b) of section 36a-32 in the public file within thirty business days after its receipt from the commissioner. The bank may also include in the public file any response to such performance evaluation that the bank wishes to make. The bank shall make a copy of the public section of such performance evaluation available to the public for inspection upon request and at no cost at the bank's main office and at each of its branches in this state. Any bank that received a less than satisfactory rating during its most recent examination under section 36a-32 shall include in its public file a description of its current efforts to improve its performance in helping to meet the credit needs of its entire community. The bank shall update the description quarterly.

[(h)] (g) The commissioner may assess a bank's record of helping to meet the credit needs of its assessment areas under a strategic plan pursuant to federal CRA, provided (1) the strategic plan is filed with the commissioner concurrently with its submission by the bank to a federal financial supervisory agency for approval under federal CRA, and (2) the strategic plan is approved by the commissioner.

Sec. 75. Subsection (e) of section 36a-31 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(e) The information, statements, evaluations and notices required under this section and [subsections (d) and (g)] subsection (f) of section 36a-30, as amended by this act, may be combined with or attached to the information, statements, evaluations and notices required under federal CRA.

Sec. 76. Subsection (l) of section 36a-70 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(l) The approving authority shall cause to be made an examination of the proposed Connecticut bank upon notice from the organizers that the following conditions have occurred: (1) The proposed bank has been fully organized according to law; (2) the State Treasurer has been paid the franchise tax and filing fee specified in subsection (o) of this section; (3) the proposed bank has raised the minimum equity capital required; and (4) in the case of a proposed capital stock Connecticut bank, a certified list of each subscriber who will own at least five per cent of any class of voting securities of the proposed bank, showing the number of shares owned by each, has been filed with the commissioner. If all provisions of law have been complied with, a final certificate of authority to commence the business for which the bank was organized shall be issued by the approving authority. [, except as provided in subdivision (5) of subsection (r) of this section. ] One copy of the final certificate shall be filed with the Secretary of the State, one copy shall be retained by the bank, and one copy shall be retained by the commissioner.

Sec. 77. Subsection (r) of section 36a-70 of the general statutes, as amended by section 2 of public act 01-183, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(r) (1) As used in this subsection and section 36a-252, as amended, "community bank" means a Connecticut bank that is organized pursuant to this subsection and is subject to the provisions of this subsection and section 36a-252, as amended.

(2) One or more persons may organize a community bank in accordance with the provisions of this section, except that subsection (g) of this section shall not apply. Any such community bank shall commence business with a minimum equity capital of at least three million dollars. The approving authority for a community bank shall be the commissioner acting alone. In addition to the considerations and determinations required by subsection (h) of this section, before granting a temporary certificate of authority to organize a community bank, the approving authority shall determine that (A) each of the proposed directors and proposed executive officers, as defined in subparagraph (D) of subdivision (3) of this subsection, possesses capacity and fitness for the duties and responsibilities with which such director or officer will be charged, and (B) there is satisfactory community support for the proposed community bank based on evidence of such support provided by the organizers to the approving authority. If the approving authority cannot make such determination with respect to any such proposed director or proposed executive officer, the approving authority may refuse to allow such proposed director or proposed executive officer to serve in such capacity in the proposed community bank.

(3) A community bank shall have all of the powers of and be subject to all of the requirements and limitations applicable to a Connecticut bank under this title which are not inconsistent with this subsection, except: (A) No community bank may (i) exercise any of the fiduciary powers granted to Connecticut banks by law until express authority therefor has been given by the approving authority, (ii) establish and maintain one or more mutual funds, (iii) invest in derivative securities other than mortgage backed securities fully guaranteed by governmental agencies or government sponsored agencies, (iv) own any real estate for the present or future use of the bank unless the approving authority finds, based on an independently prepared analysis of costs and benefits, that it would be less costly to the bank to own instead of lease such real estate, or (v) make mortgage loans secured by nonresidential real estate the aggregate amount of which, at the time of origination, exceeds ten per cent of all assets of such bank; (B) the aggregate amount of all loans made by a community bank shall not exceed eighty per cent of the total deposits held by such bank; (C) (i) the total direct or indirect liabilities of any one obligor, whether or not fully secured and however incurred, to any community bank, exclusive of such bank's investment in the investment securities of such obligor, shall not exceed at the time incurred ten per cent of the equity capital and reserves for loan and lease losses of such bank, and (ii) the limitations set forth in subsection (a) of section 36a-262 shall apply to this subparagraph; and (D) the limitations set forth in subsection (a) of section 36a-263 shall apply to all community banks, provided, a community bank may (i) make a mortgage loan to any director or executive officer secured by premises occupied or to be occupied by such director or officer as a primary residence, (ii) make an educational loan to any director or executive officer for the education of any child of such director or executive officer, and (iii) extend credit to any director or executive officer in an amount not exceeding ten thousand dollars for extensions of credit not otherwise specifically authorized in this subparagraph. The aggregate amount of all loans or extensions of credit made by a community bank pursuant to this subparagraph shall not exceed thirty-three and one-third per cent of the equity capital and reserves for loan and lease losses of such bank. As used in this subparagraph, "executive officer" means every officer of a community bank who participates or has authority to participate, other than in the capacity of a director, in major policy-making functions of the bank, regardless of whether such officer has an official title or whether such officer serves without salary or other compensation. The vice president, chief financial officer, secretary and treasurer of a community bank are presumed to be executive officers unless, by resolution of the governing board or by the bank's bylaws, any such officer is excluded from participation in major policy-making functions, other than in the capacity of a director of the bank, and such officer does not actually participate in major policy-making functions.

(4) The audit and examination requirements set forth in section 36a-86, as amended, shall apply to each community bank.

[(5) Any organizers who filed an application to organize a Connecticut bank under this section prior to November 1, 1996, and have not been issued or denied a final certificate of authority under subsection (l) of this section, and who give notice to the applicable approving authority specified in subsection (h) of this section that the proposed bank has raised equity capital in an amount not less than three million dollars, may amend such application to an application to organize a community bank under this subsection. Such organizers shall file (A) an amended certificate of incorporation limiting the powers of the proposed bank in accordance with this subsection, (B) an amended proposed business plan, (C) an amended feasibility study, (D) an amended three-year financial forecast prepared by a certified public accounting firm or other professional firm approved by the commissioner, and (E) evidence satisfactory to the approving authority under this subsection that there is community support for the proposed community bank. Within twenty days after receipt of the amended feasibility study, the commissioner may, at the expense of the organizers, order an independent feasibility study. The approving authority under this subsection shall make the considerations and determinations required by subdivision (2) of this subsection. If the amended application is approved by the approving authority under this subsection and the organizers have given notice to said approving authority that the requirements of subsection (l) of this section have been met, a final certificate of authority to commence business as a community bank shall be issued by the approving authority under this subsection. ]

[(6)] (5) The commissioner may adopt regulations, in accordance with chapter 54, to administer the provisions of this subsection and section 36a-252, as amended.

Sec. 78. Section 36a-425 of the general statutes, as amended by section 8 of public act 01-183, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) Except as otherwise provided in this title, no foreign banking corporation shall transact in this state the business authorized by its certificate of incorporation or by the laws of the state under which it was organized, unless empowered to do so by any provision of the general statutes or any special act of this state; provided, without excluding other activities which may not constitute transacting business in this state, no such foreign banking corporation shall be deemed to be doing or transacting business in this state for purposes of this section by reason of its acting as an investment adviser to the State Treasurer or by reason of its making loans whether secured or unsecured. For purposes of this section, "foreign banking corporation" means a banking corporation which is organized under the laws of or has its principal office in any state other than Connecticut or any foreign country. Notwithstanding the provisions of this subsection, a foreign banking corporation which transacts business in this state for the purposes of section 33-920 or section 33-1210 shall comply with the requirements of subsection (a) of section 33-920 or subsection (a) of section 33-1210.

(b) Except as otherwise provided in this title, no foreign banking corporation, holding company, subsidiary of a holding company, or subsidiary or affiliate of a banking corporation may establish or maintain an office in this state if such office will be used to enable such corporation, holding company or subsidiary or affiliate to engage in banking business in Connecticut. If the commissioner determines that an office is being used to enable the corporation, holding company or subsidiary or affiliate to engage in banking business in Connecticut, the commissioner shall order that such office be closed or take action against such entities in accordance with section 36a-50. The establishment or maintenance of an office in this state which will not enable a foreign banking corporation, holding company, subsidiary of a holding company, or subsidiary or affiliate of a banking corporation to engage in banking business in Connecticut does not violate the provisions of subsection (a) of this section. For the purpose of this subsection, the term "banking business" shall include, but shall not be limited to, receiving deposits, paying checks, lending money and any activity which is determined by the commissioner to be so closely related to banking as to be a proper incident thereto.

(c) The provisions of subsection (b) of this section shall not apply to: (1) An office of a bank; (2) an office established or maintained for the purpose of managing or controlling a bank; (3) an office of a subsidiary of a bank, which subsidiary is limited to carrying on one or more of the functions which such bank may carry on directly in the exercise of its express or implied powers; (4) an office of a holding company or subsidiary of a holding company or banking corporation which required and which had received all requisite state and federal authorization and was open for business prior to June 1, 1984, provided such office may not engage in any activities other than those for which it had authorization and in which it was actually engaged on June 1, 1984; (5) an office established or maintained pursuant to subsection (d) of this section; (6) an office of a foreign bank that is a federal branch or a federal agency; or (7) an office of a subsidiary of a foreign bank that has a federal branch or a state branch in this state, which subsidiary is limited to carrying on one or more of the functions which such branch of such foreign bank may carry on directly.

(d) Any holding company may establish or maintain, either directly or through any subsidiary of such holding company that is not a banking corporation, and any banking corporation that is not a subsidiary of a holding company may establish or maintain, through any of its subsidiaries that are not banking corporations, one or more offices for the purpose of engaging in banking business other than to provide deposit services in this state. No office established or maintained under this subsection may be converted into an office that engages in banking business which includes providing deposit services. For purposes of this subsection, "deposit services" includes but is not limited to, deposits, withdrawals, advances, payments and transfers of funds to or from a deposit account.

(e) [(1)] Any person who establishes or maintains an office or transacts business in this state in violation of this section shall be subject to the penalties imposed by subsection (d) of section 33-921.

[(2) The provisions of subsections (a), (b) and (c) of section 33-921 shall not be applicable to any foreign banking corporation by reason of its maintenance of an office or its transaction of business in this state in violation of this section before May 31, 1991, provided nothing in this subdivision shall be construed to affect any action pending on May 31, 1991. ]

(f) Any person may bring an action in any court of competent jurisdiction to enjoin any person from violating the provisions of this section.

Sec. 79. Section 38a-317 of the general statutes, as amended by section 7 of public act 01-174, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

A mobile homeowner shall be a homeowner for purposes of sections 38a-72 to 38a-75, inclusive, 38a-285, [38a-286,] 38a-305 to 38a-318, inclusive, as amended, 38a-328, 38a-663 to 38a-696, inclusive, as amended, 38a-827 and 38a-894 to 38a-898, inclusive, as amended, and homeowners policies as regulated under said sections shall be offered on the same terms to such an owner as to other homeowners, when such mobile homeowner owns and occupies a mobile dwelling equipped for year-round living which is permanently attached to a permanent foundation on property owned or leased by such mobile homeowner, is connected to utilities, is assessed as real property on the tax list of the town in which it is located and is in conformance with applicable state and local laws and ordinances.

Sec. 80. Subsection (b) of section 51-164n of the general statutes, as amended by section 5 of public act 01-186, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(b) Notwithstanding any provision of the general statutes to the contrary, any person who is alleged to have committed (1) a violation under the provisions of section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, [7-18,] 7-35, 7-41, as amended, 7-83, [7-104,] 7-283, 7-325, 7-393, 8-25, as amended, 8-27, 9-63, 9-296, 9-305, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-251, 10-254, 12-52, 12-170aa, as amended, 12-292, 12-326g, subsection (4) of section 12-408, subsection (3), (5) or (6) of section 12-411, section 12-435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247, 13a-253, subsection (f) of section 13b-42, section 13b-90, 13b-221, [13b-224,] 13b-292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b, 13b-410c, subsection (a), (b) or (c) of section 13b-412, section 13b-414, subsection (d) of section 14-12, section 14-20a, 14-27a, subsection (e) of section 14-34a, subsection (d) of section 14-35, section 14-43, 14-49, 14-50a, 14-58, subsection (b) of section 14-66, section 14-66a, 14-66b, 14-67a, subsection (f) of section 14-80h, section 14-97a, section 14-100b, 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153, 14-163b, a first violation as specified in subsection (f) of section 14-164i, section 14-219 specified in subsection (e) of said section, subsection (b) of section 14-227a, section 14-240, 14-249, 14-250, subsection (a), (b) or (c) of section 14-261a, section 14-262, 14-264, 14-267a, 14-269, 14-270, 14-275a, 14-278, 14-279, as amended, subsection (e) of section 14-283, as amended, section 14-291, 14-293b, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330, 14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-33, subsection (a) of section 15-115, section 16-256, 16-256e, 16a-15, 16a-22, subsection (a) or (b) of section 16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17a-642, 17b-124, 17b-131, 17b-137, as amended, 17b-407, 17b-451, as amended, 17b-734, subsection (b) of section 17b-736, 19a-30, 19a-33, 19a-39, 19a-87, subsection (b) of section 19a-87a, section 19a-91, 19a-105, 19a-107, [19a-108,] 19a-215, 19a-219, 19a-222, 19a-224, 19a-286, as amended, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, as amended, 20-7a, 20-14, 20-158, 20-231, 20-257, as amended, 20-265, 20-324e, subsection (a) of section 20-341, section 20-341l, 20-597, 20-608, 20-610, as amended, 21-30, 21-38, 21-39, 21-43, 21-47, 21-48, 21-63, 21-76a, 21a-21, 21a-25, 21a-26, 21a-30, [21a-31,] subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63, 21a-77, subsection (b) of section 21a-79, as amended, section 21a-85, 21a-154, 21a-159, 21a-201, 21a-211, 22-13, 22-14, 22-15, 22-16, 22-29, 22-34, 22-35, 22-36, 22-37, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 22-39d, 22-39e, 22-49, 22-54, 22-61, 22-89, 22-90, 22-98, 22-99, 22-100, 22-111o, [22-123,] 22-279, 22-280a, 22-318a, 22-320h, 22-324a, 22-326, 22-342, subsection (b) or (e) of section 22-344, section 22-359, 22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a, 22a-246, subsection (a) of section 22a-250, subsection (e) of section 22a-256h, section 22a-449, 22a-461, 23-37, as amended, 23-38, as amended, 23-46, 23-61b, as amended by this act, subsection (a) or (b) of section 23-65, section 25-37, 25-40, 26-19, 26-21, 26-31, 26-40, 26-40a, 26-49, 26-54, 26-59, 26-61, 26-64, 26-79, 26-89, 26-97, 26-107, 26-117, as amended, 26-128, 26-131, 26-132, 26-138, 26-141, as amended, 26-207, 26-215, [26-221, 26-222,] 26-224a, 26-227, 26-230, [26-234, 26-267, 26-269,] 26-294, 28-13, 29-6a, 29-109, 29-161a, 29-161b, 29-198, 29-210, 29-243, 29-277, 29-316, 29-318, 29-341, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-28, 31-32, 31-36, 31-38, 31-38a, 31-40, 31-44, 31-47, 31-48, 31-51, 31-51k, 31-52, 31-52a, 31-54, subsection (a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b, 31-134, subsection (g) of section 31-273, section 31-288, 36a-787, 42-230, [44-3,] 45a-450, 45a-634, 45a-658, subdivision (13) or (14) of section 46a-54, as amended, section 46a-59, 46b-22, as amended, 46b-24, 46b-34, 47-34a, 47-47, 49-8a, 49-16, 53-133, subsection (a) or (b) of section 53-211, section 53-212a, 53-249a, 53-252, 53-264, [53-301,] 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-323, as amended, 53-331, 53-344, as amended, or 53-450, or (2) a violation under the provisions of chapter 268, or (3) a violation of any regulation adopted in accordance with the provisions of section 12-484, 12-487 or 13b-410, shall follow the procedures set forth in this section.

Sec. 81. Section 51-181c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) The Chief Court Administrator shall designate one court location in which a community court pilot program is to be established where there shall be a docket separate from other criminal matters for the hearing of (1) criminal matters which are misdemeanor cases, (2) misdemeanor cases transferred by the housing session of the Superior Court, and (3) violations of municipal ordinances referred by municipalities, in accordance with policies and procedures established by the Chief Court Administrator.

(b) The community court may accept transfers and referrals of cases pursuant to subdivisions (1) and (2) of subsection (a) of this section. The community court may order any person to participate in a community service program, (1) if the person has not previously been placed in such program, the court may suspend prosecution and place such person in such program or, upon a plea of guilty without trial, suspend any sentence of imprisonment and make participation in such program a condition of probation or conditional discharge in accordance with section 53a-30, as amended, or (2) if such person has previously been placed in such program, the court may, upon a plea of guilty without trial, suspend any sentence of imprisonment and make participation in such program a condition of probation or conditional discharge in accordance with said section 53a-30, as amended.

(c) Any person for whom prosecution is suspended and who is placed in the community service program pursuant to subdivisions (1) and (2) of subsection (a) of this section shall agree to the tolling of the statute of limitations with respect to such crime and to a waiver of his right to a speedy trial. If the program monitor certifies to the court that such person successfully completed the community service program, the court shall make a finding of such satisfactory completion and dismiss the charges. If the program monitor certifies to the court that such person did not successfully complete the community service program to which he was assigned or is no longer amendable to participate in such program, the court shall enter a plea of not guilty for such person and transfer the case to the regular criminal docket and immediately place the case on the trial list except that cases accepted from the housing session pursuant to subdivision (2) of subsection (a) of this section shall be returned to the housing session.

(d) The community court may accept transfers and referrals of violations of municipal ordinances under subdivision (3) of subsection (a) of this section whether or not any such person has been found guilty of such violation prior to such referral to community court. The community court may order any such person to participate in a community service program up to a maximum of twenty hours in lieu of, or in addition to, a fine for such violation. If the program monitor certifies to the court that such person successfully completed the community service program, the court shall make a finding of such satisfactory completion and dismiss the charges.

[(e) The Chief Court Administrator shall establish policies and procedures to implement such pilot program and on or before January 1, 1998, shall report recommendations for the possible expansion to two additional pilot sites to the judiciary committee of the General Assembly. ]

Sec. 82. Section 51-279c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

[(a)] The Chief State's Attorney shall establish a formal training program for all newly-appointed prosecuting attorneys consisting of not less than five days and an ongoing training program for all prosecuting attorneys consisting of not less than two days each year. Such training programs shall commence January 1, 1998.

[(b) Not later than November 1, 1997, the Chief State's Attorney shall provide a copy of his plan for such training programs to the judiciary committee of the General Assembly. ]

Sec. 83. Section 53a-39d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) Not later than October 1, 1998, the Chief Court Administrator shall establish a pilot zero-tolerance drug supervision program. Eligibility for participation in the program shall be limited to (1) individuals who are eligible to be sentenced by the court to a period of probation, pursuant to section 53a-29, as amended, and have been ordered by the court, as a condition of such probation, to participate in the program, (2) individuals who are eligible to be released on bail under section 54-63d or 54-64a, as amended, and have been required by the bail commissioner or the court, as a condition of release, to participate in the program, (3) individuals who have been sentenced to a period of probation and, in the judgment of their probation officers, have violated the conditions of such probation and been referred to the program by their probation officers pursuant to subsection (a) of section 53a-32, and (4) individuals who have been ordered by the court, as a condition of probation, to participate in the program pursuant to subsection (d) of section 54-56e or subsection (b) of section 54-76j and shall be based upon criteria, including a limit on the maximum number of eligible participants, established by the Chief Court Administrator.

(b) Any person entering such program shall, as a condition of participating in such program, agree to: (1) Submit to periodic urinalysis drug tests, (2) detention in a halfway house facility for a period of two days each time such test produces a positive result, (3) comply with all rules established by the halfway house if detained in such facility, and (4) waive the right to a hearing.

(c) Participants in the zero-tolerance drug supervision program shall submit to periodic urinalysis drug tests. If the test produces a positive result, the participant shall be detained in a halfway house facility for a period of two days.

(d) Any person who has submitted to a urinalysis drug test pursuant to subsection (c) of this section that produced a positive result may request that a second urinalysis drug test be administered, at such person's expense, to confirm the results of the first test, except that if the participant is determined to be indigent, based upon financial affidavits, the Judicial Department shall pay the cost of the test. The second drug test shall be a urinalysis drug test, separate and independent of the initial test. The participant shall be detained in a halfway house pending the results of the second test. If such second test does not produce a positive result, the participant, if detained in a halfway house, shall be released and the fee, if paid by the participant, shall be refunded to the participant.

(e) A participant enrolled in the zero-tolerance drug supervision program as a condition of probation may be charged with a violation of probation, if the participant's probation officer determines that the participant has violated the conditions of probation or the conditions of the program. A participant enrolled in the zero-tolerance drug supervision program as a condition of release may be charged with a violation of the conditions of such person's release, if a bail commissioner determines that the participant has violated the conditions of such person's release or the conditions of the program.

[(f) Not later than January 1, 2000, the chairman of the Board of Parole, the Commissioner of Correction and the Chief Court Administrator shall submit a report on the pilot zero-tolerance drug supervision program to the joint standing committee of the General Assembly having cognizance of matters relating to criminal justice. ]

Sec. 84. Section 54-125f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(a) Not later than October 1, 1998, the chairman of the Board of Parole, shall establish a pilot zero-tolerance drug supervision program. Eligibility for participation in the program shall be limited to individuals who are eligible for release on parole and shall be based upon criteria, including a limit on the maximum number of eligible participants, established by the chairman of the Board of Parole.

(b) Any person entering such program shall, as a condition of participating in such program, agree to: (1) Submit to periodic urinalysis drug tests, (2) detention in a halfway house facility for a period of two days each time such test produces a positive result, and (3) comply with all rules established by the halfway house if detained in such facility.

(c) Participants in the zero-tolerance drug supervision program shall submit to periodic urinalysis drug tests. If the test produces a positive result, the participant may be detained in a halfway house facility for a period of two days.

(d) Any person who has submitted to a urinalysis drug test pursuant to subsection (c) of this section that produced a positive result may request that a second urinalysis drug test be administered, at such person's expense, to confirm the results of the first test, except that if the participant is determined to be indigent, based upon financial affidavits, the Board of Parole shall pay the cost of the test. The second drug test shall be a urinalysis drug test, separate and independent of the initial test. The participant may be detained in a halfway house pending the results of the second test. If such second test does not produce a positive result, the participant, if detained in a halfway house, shall be released and the fee, if paid by the participant, shall be refunded to the participant.

(e) If at any time during participation in the zero-tolerance drug supervision program, the chairman of the Board of Parole determines that the public safety will be served by the incarceration of a participant, such participant may be returned to a correctional facility.

[(f) Not later than January 1, 2000, the chairman of the Board of Parole, the Commissioner of Correction and the Chief Court Administrator shall submit a report on the pilot zero-tolerance drug supervision program to the joint standing committee of the General Assembly having cognizance of matters relating to criminal justice. ]

Sec. 85. Section 54-250 of the general statutes, as amended by section 22 of public act 01-84, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

For the purposes of sections 54-102g and 54-250 to [54-259] 54-258a, inclusive, as amended by this act:

(1) "Conviction" means a judgment entered by a court upon a plea of guilty, a plea of nolo contendere or a finding of guilty by a jury or the court notwithstanding any pending appeal or habeas corpus proceeding arising from such judgment.

(2) "Criminal offense against a victim who is a minor" means (A) a violation of subdivision (2) of section 53-21 of the general statutes in effect prior to October 1, 2000, subdivision (2) of subsection (a) of section 53-21, subdivision (2) of subsection (a) of section 53a-70, subdivision (1), (4) or (8) of subsection (a) of section 53a-71, subdivision (2) of subsection (a) of section 53a-72a, subdivision (2) of subsection (a) of section 53a-86, subdivision (2) of subsection (a) of section 53a-87, section 53a-196a, 53a-196b, 53a-196c or 53a-196d, (B) a violation of section 53a-92, 53a-92a, 53a-94, 53a-94a, 53a-95, 53a-96 or 53a-186, provided the court makes a finding that, at the time of the offense, the victim was under eighteen years of age, (C) a violation of any of the offenses specified in subparagraph (A) or (B) of this subdivision for which a person is criminally liable under section 53a-8, 53a-48 or 53a-49, or (D) a violation of any predecessor statute to any offense specified in subparagraph (A), (B) or (C) of this subdivision the essential elements of which are substantially the same as said offense.

(3) "Identifying factors" means fingerprints, a photographic image, and a description of any other identifying characteristics as may be required by the Commissioner of Public Safety. The commissioner shall also require a sample of the registrant's blood taken for DNA (deoxyribonucleic acid) analysis, unless such sample has been previously obtained in accordance with section 54-102g.

(4) "Mental abnormality" means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.

(5) "Nonviolent sexual offense" means a violation of section 53a-73a.

(6) "Not guilty by reason of mental disease or defect" means a finding by a court or jury of not guilty by reason of mental disease or defect pursuant to section 53a-13 notwithstanding any pending appeal or habeas corpus proceeding arising from such finding.

(7) "Personality disorder" means a condition as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association.

(8) "Registrant" means a person required to register under section 54-251, 54-252, 54-253 or 54-254, as amended by this act.

(9) "Registry" means a central record system in this state, any other state or the federal government that receives, maintains and disseminates information on persons convicted or found not guilty by reason of mental disease or defect of criminal offenses against victims who are minors, nonviolent sexual offenses, sexually violent offenses and felonies found by the sentencing court to have been committed for a sexual purpose.

(10) "Release into the community" means, with respect to a conviction or a finding of not guilty by reason of mental disease or defect of a criminal offense against a victim who is a minor, a nonviolent sexual offense, a sexually violent offense or a felony found by the sentencing court to have been committed for a sexual purpose, (A) any release by a court after such conviction or finding of not guilty by reason of mental disease or defect, a sentence of probation or any other sentence under section 53a-28 that does not result in the offender's immediate placement in the custody of the Commissioner of Correction; (B) release from a correctional facility at the discretion of the Board of Parole, by the Department of Correction to a program authorized by section 18-100c or upon completion of the maximum term or terms of the offender's sentence or sentences, or to the supervision of the Office of Adult Probation in accordance with the terms of the offender's sentence; or (C) release from a hospital for mental illness or a facility for persons with mental retardation by the Psychiatric Security Review Board on conditional release pursuant to section 17a-588 or upon termination of commitment to the Psychiatric Security Review Board.

(11) "Sexually violent offense" means (A) a violation of section 53a-70, except subdivision (2) of subsection (a) of said section, 53a-70a, 53a-70b, 53a-71, except subdivision (1), (4) or (8) of subsection (a) of said section, 53a-72a, except subdivision (2) of subsection (a) of said section, or 53a-72b, or of section 53a-92 or 53a-92a, provided the court makes a finding that the offense was committed with intent to sexually violate or abuse the victim, (B) a violation of any of the offenses specified in subparagraph (A) of this subdivision for which a person is criminally liable under section 53a-8, 53a-48 or 53a-49, or (C) a violation of any predecessor statute to any of the offenses specified in subparagraph (A) or (B) of this subdivision the essential elements of which are substantially the same as said offense.

(12) "Sexual purpose" means that a purpose of the defendant in committing the felony was to engage in sexual contact or sexual intercourse with another person without that person's consent. A sexual purpose need not be the sole purpose of the commission of the felony. The sexual purpose may arise at any time in the course of the commission of the felony.

Sec. 86. Subsection (b) of section 54-252 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(b) Any person who has been subject to the registration requirements of section 54-102r of the general statutes, revised to January 1, 1997, as amended by section 1 of public act 97-183, shall, not later than three working days after October 1, 1998, register under this section and thereafter comply with the provisions of sections 54-102g and 54-250 to [54-259] 54-258a, inclusive, as amended by this act.

Sec. 87. Subsection (c) of section 54-255 of the general statutes, as amended by section 2 of public act 01-211, is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(c) Any person who: (1) Has been convicted or found not guilty by reason of mental disease or defect of a violation of subdivision (1) of subsection (a) of section 53a-71 between October 1, 1988, and June 30, 1999, and was under nineteen years of age at the time of the offense; (2) has been convicted or found not guilty by reason of mental disease or defect of a violation of subdivision (2) of subsection (a) of section 53a-73a between October 1, 1988, and June 30, 1999; (3) has been convicted or found not guilty by reason of mental disease or defect of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, between October 1, 1988, and June 30, 1999, where the victim of such offense was, at the time of the offense, under eighteen years of age and related to such person within any of the degrees of kindred specified in section 46b-21; (4) has been convicted or found not guilty by reason of mental disease or defect of a violation of section 53a-70b between October 1, 1988, and June 30, 1999; or (5) has been convicted or found not guilty by reason of mental disease or defect of any crime between October 1, 1988, and September 30, 1998, which requires registration under sections 54-250 to [54-259] 54-258a, inclusive, as amended by this act, and (A) served no jail or prison time as a result of such conviction or finding of not guilty by reason of mental disease or defect, (B) has not been subsequently convicted or found not guilty by reason of mental disease or defect of any crime which would require registration under sections 54-250 to [54-259] 54-258a, inclusive, as amended by this act, and (C) has registered with the Department of Public Safety in accordance with sections 54-250 to [54-259] 54-258a, inclusive, as amended by this act; may petition the court to order the Department of Public Safety to restrict the dissemination of the registration information to law enforcement purposes only and to not make such information available for public access. Any person who files such a petition shall, pursuant to subsection (b) of section 54-227, notify the Office of Victim Services and the Department of Correction of the filing of such petition. The Office of Victim Services or the Department of Correction, or both, shall, pursuant to section 54-230 or section 6 of [this act] public act 01-211, notify any victim who has requested notification pursuant to subsection (b) of section 54-228 of the filing of such petition. Prior to granting or denying such petition, the court shall consider any information or statements provided by the victim. The court may order the Department of Public Safety to restrict the dissemination of the registration information to law enforcement purposes only and to not make such information available for public access, provided the court finds that dissemination of the registration information is not required for public safety.

Sec. 88. Section 54-256 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

Any court, the Commissioner of Correction or the Psychiatric Security Review Board, prior to releasing into the community any person convicted or found not guilty by reason of mental disease or defect of a criminal offense against a victim who is a minor, a nonviolent sexual offense, a sexually violent offense or a felony found by the sentencing court to have been committed for a sexual purpose, except a person being released unconditionally at the conclusion of such person's sentence or commitment, shall require as a condition of such release that such person complete the registration procedure established by the Commissioner of Public Safety under sections 54-251, 54-252 and 54-254. The court, the Commissioner of Correction or the Psychiatric Security Review Board, as the case may be, shall provide the person with a written summary of the person's obligations under sections 54-102g and 54-250 to [54-259] 54-258a, inclusive, as amended by this act, and transmit the completed registration package to the Commissioner of Public Safety who shall enter the information into the registry established under section 54-257. If a court transmits the completed registration package to the Commissioner of Public Safety with respect to a person released by the court, such package need not include identifying factors for such person. In the case of a person being released unconditionally who declines to complete the registration package through the court or the releasing agency, the court or agency shall: (1) Except with respect to information that is not available to the public pursuant to court order, rule of court or any provision of the general statutes, provide to the Commissioner of Public Safety the person's name, date of release into the community, anticipated residence address, if known, criminal history record, any known treatment history and any other relevant information; (2) inform the person that such person has an obligation to register within three days with the Commissioner of Public Safety for a period of ten years following the date of such person's release or for life, as the case may be, and that if such person changes such person's address such person shall within five days register the new address in writing with the Commissioner of Public Safety and, if the new address is in another state or if such person regularly travels into or within another state or temporarily resides in another state for purposes including, but not limited to employment or schooling, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders; (3) provide the person with a written summary of the person's obligations under sections 54-102g and 54-250 to [54-259] 54-258a, inclusive, as amended by this act, as explained to the person under subdivision (2) of this section; and (4) make a specific notation on the record maintained by that agency with respect to such person that the registration requirements were explained to such person and that such person was provided with a written summary of such person's obligations under sections 54-102g and 54-250 to [54-259] 54-258a, inclusive, as amended by this act.

Sec. 89. Subdivision (3) of subsection (a) of section 54-258 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, state agencies, the Judicial Department, state police troops and local police departments shall not disclose the identity of any victim of a crime committed by a registrant or treatment information provided to the registry pursuant to sections 54-102g and 54-250 to [54-259] 54-258a, inclusive, as amended by this act, except to government agencies for bona fide law enforcement or security purposes.

Sec. 90. (Effective October 1, 2002) Sections 4d-16, 7-18, 7-104, 7-439e, 8-97, 13a-175h, 13a-175ee, 13b-206, 13b-224, 13b-286, 13b-347, 13b-368, 16-254, 17a-754, 17b-133, 17b-344, 19a-1c, as amended, 19a-104, 19a-108, 19a-492, as amended, 19a-639d, 19a-656, 19a-657, 19a-658, 19a-664, 19a-665, 19a-666, 19a-676a, 21a-31, 22-123, 22a-224, 22a-356, 23-61d, 25-32h, 25-37f, 25-39b, 25-49, 25-54, 26-221, 26-222, 26-234, 26-267, 26-269, 27-140g, 29-389, 31-34, 32-101, 38a-286, 44-3, 53-301 and 54-259 of the general statutes are repealed.

Approved June 3, 2002