OLR Research Report


July 15, 2002

  

2002-R-0625

PUBLIC ACTS THAT TOOK EFFECT JULY 1, 2002

 

By: Paul Frisman, Associate Analyst

PA 02-13-AN ACT CONCERNING ASSESSMENTS AND REPORTS FILED WITH THE COMMISSIONER OF BANKING

PA 02-14-AN ACT CONCERNING COSTS ASSOCIATED WITH QUARANTINED ANIMALS

This act imposes on all animal owners and keepers the same duty dog owners currently have to redeem their captured or impounded pets. It also (1) replaces the $ 5 per day fee that animal owners must pay when their animals are quarantined in a public pound for biting or attacking someone with the fee structure for captured or impounded animals and (2) mandates that animal owners must pay all costs of care and detention for animals quarantined for rabies or biting.

PA 02-22-AN ACT CONCERNING THE ADVERTISEMENT OF MANUFACTURERS' REBATES FOR ALCOHOLIC LIQUOR PRODUCTS

PA 02-33 -AN ACT INCREASING THE MINIMUM WAGE

PA 02-35-AN ACT CONCERNING ANIMAL DISEASE CONTROL

This act expands the agriculture commissioner's ability to cooperate with the United States Department of Agriculture's Animal and Plant Health Inspection Service, Veterinary Services (USDA) in controlling animal diseases including all livestock, not just cattle, and allowing control as well as eradication of diseases. It requires the governor to consult with the commissioner before accepting one of these plans, and authorizes USDA officials to perform the duties associated with the national plan only after the commissioner requests that they do so. The act authorizes the commissioner to call upon all law enforcement officials to help USDA officials carry out these duties and requires all such officials to offer assistance when called.

PA 02-37-AN ACT CONCERNING FOOD STAMP ELIGIBILITY

PA 02-45-AN ACT CONCERNING LOCALLY-GROWN FARM PRODUCTS

This act eliminates the "Connecticut Grown" designation and allows farm products or eggs to be sold or advertised as "local" or "locally grown" when they are grown or produced in Connecticut or within a 10-mile radius of where they are sold. Violators are subject to a fine of not more than $ 25.

PA 02-70 - AN ACT REVISING CERTAIN MOTOR VEHICLE LAWS

This act:

1. eliminates the requirement that a police officer issue a 30-day temporary driver's license to someone subject to an administrative license suspension for driving with an illegal blood-alcohol level under the implied consent law and forward the confiscated license to the Department of Motor Vehicles (DMV);

2. requires the DMV commissioner, upon receipt of the court's report of someone's conviction for driving under the influence of alcohol, to base the applicable license suspension period on the number of convictions in the person's DMV driving history record and not on the sentence the court imposed;

3. substantially revises, and in some cases, eliminates, the additional penalties for repeat convictions for operating a truck at more than 15% above its applicable maximum gross weight and revises the process for assessing the additional sanctions for repeat offenses;

4. expands the 3% state surcharge on rental fees charged by car rental companies for passenger vehicles rented for less than 31 days to include rental trucks (defined as vehicles of not more than 26,000 pounds gross vehicle weight rating used for transporting personal property but not for business purposes, or trailers of not more than 6,000 pounds gross weight rating);

5. disqualifies someone who must by law hold a commercial drivers license from driving a commercial motor vehicle for a specified period if convicted of failing to stop at a railroad crossing;

6. allows the commissioner to issue up to a five-year registration and charge an appropriately prorated registration fee for any vehicle owned by a licensed motor vehicle leasing company and subject to a lease agreement, in order to coincide with the period of the lease;

7. modifies the title laws to, among other things, provide for agreements with lien-holders for electronic lien filing and recording, authorize the commissioner to participate in the National Motor Vehicle Title Information System, and require the commissioner to place legends or "brands" on titles to convey certain information on its history;

8. increases, from $ 25 to $ 40, the maximum fee that may be charged for the mandatory five-hour safe driving practices instruction course all 16- and 17-year olds must complete before they can receive a driver's license;

9. eliminates the requirement that someone renewing a motorcycle registration submit an insurance identification card, thus making the process the same for motorcycles and other types of motor vehicles;

10. for purposes of vehicle registration requirements, defines a "resident" as someone with a place of residence in Connecticut that he occupies for more than six months in a year instead of someone with a "legal" residence in Connecticut; and

11. repeals obsolete statutes relating to the driver license classification system and the vehicle title laws and makes numerous technical changes and conforming changes.

PA 02-79-AN ACT CONFORMING HOUSING AUTHORITY PROCUREMENT PROCEDURES TO FEDERAL REQUIREMENTS AND CONCERNING THE SECURITY DEPOSIT GUARANTEE AND GRANT PROGRAM

This act makes (1) people with state or federal housing subsidy certificates eligible for the security deposit guarantee and grant program and (2) local housing authorities' purchasing procedures consistent with federal laws. It makes a new group of people potentially eligible for the guarantee and grant program, but also requires all applicants to meet two-part criteria. Under the act, eligible people must be either (1) on public assistance or have a documented financial need, and (2) have a housing crisis or a state Rental Assistance Program (RAP) or federal Section 8 housing certificate or voucher. The act makes the criteria for security deposit grants the same as the criteria for security deposit guarantees. It makes state housing authority purchasing and procurement procedures consistent with federal law in three ways. It:

1. raises the spending threshold that triggers bidding requirements from more than $ 25,000 to more than $ 100,000 (federal threshold) and specifies that the requirements apply only to housing project construction work, supplies, or personal property;

2. imposes federal competitive proposal requirements for purchases at or below $ 100,000; and

3. removes procurement of professional services from bidding requirements and places it under federal competitive proposal requirements.

PA 02-80-AN ACT CONCERNING REIMBURSEMENT LIMITS FROM THE UNDERGROUND STORAGE TANK PETROLEUM CLEAN-UP ACCOUNT

This act increases the account's reimbursement limit, from $ 3 million to $ 5 million, for clean-up costs for leaking tanks when a responsible party (1) reported the leak to the Department of Environmental Protection (DEP) before December 31, 1987 and (2) spent more than $ 500,000 to remediate it by June 19, 1991. The act allows the DEP commissioner to pay any part of the reimbursement that exceeds $ 3 million in annual payments over a maximum of five years.

PA 02-86-AN ACT CONCERNING TERMS AND CONDITIONS OF STATE ECONOMIC DEVELOPMENT ASSISTANCE

This act establishes a procedure to ensure that businesses receiving more than $ 1 million in state economic development assistance comply with the terms and conditions of their assistance agreements. The procedure requires state agencies providing this assistance to recover the assistance if the businesses subsequently fail to comply, and impose liens on any security required as a condition of receiving assistance (excluding grant only agreements).

The act requires three economic development agencies ― the Department of Economic and Community Development (DECD), the Connecticut Development Authority (CDA), and Connecticut Innovations, Inc. (CII)―to include specific requirements in all their assistance agreements: (1) specific job creation and retention goals; (2) reporting requirements for assistance recipients; and (3) security (a letter of credit, lien on real property, or a security interest in other goods) from assistance recipients.

The act permits awarding authorities (defined as DECD, CDA, CII, and any other agency providing assistance) to recover state assistance if the businesses that received it failed to meet their job creation and retention goals when it was in their power to do so. It allows these agencies to modify terms and conditions of assistance agreements when it is in the best interest of the state or community to do so. The modifications include forgiving loan repayments, revising job creation and retention goals, and changing interest rates.

PA 02-88-AN ACT CONCERNING A NEW CONNECTICUT FUTURES ACCOUNT

This act allows the Board of Governors of Higher Education (BOG) to establish and administer a "Gear Up for Connecticut Futures" account as a separate and nonlapsing account within the General Fund. It (1) requires the account to be used for scholarships under the federal "Gaining Early Awareness and Readiness for Undergraduate Programs" (GEAR UP) program; (2) allows BOG to deposit in the account state funds appropriated as a state match to a federally funded GEAR UP grant; and (3) allows the state treasurer to invest surplus account funds as the statutes authorize, but it directs her to credit all investment interest to the account. The Federal GEAR UP Program funds partnerships between high-poverty middle schools and colleges, universities, community organizations, and businesses. These partnerships provide (1) tutoring; (2) mentoring; (3) college preparation and financial aid information; (4) an emphasis on core academic preparation; and (5) in some cases, scholarships.

PA 02-90-AN ACT CONCERNING MERCURY EDUCATION AND REDUCTION

This act establishes a comprehensive scheme governing the sale, use, distribution, disposal and notification requirements for mercury and many products that contain mercury. It (1) requires manufacturers to notify the Department of Environmental Protection (DEP) commissioner of their products' mercury content and imposes other notice requirements; (2) it restricts the sale of a number of mercury-added products, phasing down their maximum allowable mercury content; and (3) generally bans the sale, starting January 1, 2003, of mercury thermometers, mercury-containing novelties, and other products.

The act requires mercury-added products (products to which mercury has been intentionally added) and their packaging to be labeled as to their mercury content and it requires their manufacturers to develop and implement plans for their collection and recycling and report to DEP on the system's effectiveness. The collection requirements do not apply to certain products, including cosmetics and pharmaceuticals, meant to be totally consumed during use. The commissioner must review state regulations on the handling of mercury wastes and may, if necessary, amend them to facilitate collection.

The act exempts motor vehicles manufactured before October 1, 2003 from its notice, phase-down, labeling, and collection requirements.

It allows the DEP commissioner to implement an education, outreach, and assistance program for households and affected parties and to develop an awards program to recognize those who excel in reducing or eliminating mercury in air emissions.

PA 02-92-AN ACT ENSURING THE PROPER INSTALLATION AND MAINTENANCE OF MEDICAL GAS AND VACUUM SYSTEMS

This act requires hospitals and nursing homes to include on their admission forms a conspicuous notice that informs self-pay patients that they may, upon request, get a copy of their hospital charges and specifies the name of, and contact information for, a person who can provide it. The act requires a hospital to provide an itemized bill to a self-pay patient within 30 days after he asks. The bill must identify, in plain language, each individual service, supply, or medication the hospital provided the patient and the specific charge for each.

PA 02-99-AN ACT CONCERNING THE DISPOSITION OF STATE-ASSISTED HOUSING PROPERTIES IN DEFAULT

This act allows the economic and community development commissioner to operate a housing project and receive state and federal funds on its behalf when he acquires the project to preserve the state's interest under the contract that initially funded it. It also allows, rather than requires, him to adopt regulations implementing the department's statutory purposes.

PA 02-101-AN ACT CONCERNING HOSPITAL FINANCE AND DATA REPORTING

PA 02-103-AN ACT IMPLEMENTING RECOMMENDATIONS OF THE LEGISLATIVE COMMISSIONERS FOR TECHNICAL REVISIONS TO VARIOUS TAX STATUTES

PA 02-106-AN ACT CONCERNING SEXUAL ASSAULT BY A COACH OR INSTRUCTOR, MANDATED REPORTING OF CHILD ABUSE OR NEGLECT AND ISSUANCE AND REVOCATION OF EDUCATOR CERTIFICATES

This act requires the state's attorney or assistant state's attorney in the judicial district where a conviction or fine occurred to notify the education commissioner in writing if a person holding a State Board of Education certificate, authorization, or permit is convicted of a felony or fined for being a mandated reporter who fails to report.

The act allows a school superintendent to designate someone to (1) attest that a person successfully completed a beginning educator program and one year of teaching, for purposes of an application for a provisional educator certificate, and (2) sign a recommendation as evidence of competency, for purposes of an application for a professional educator certificate. Previously, only a superintendent could do this.

If a person bases his eligibility for a provisional certificate on completing three years of successful teaching in a public or private school within the previous 10 years, the act requires that it be attested by the (1) superintendent or his designee in the school district where the person was employed or (2) supervising agent of the nonpublic school where the person was employed.

PA 02-107-AN ACT DESIGNATING CERTAIN "FUNDS" AS "ACCOUNTS"

This act consolidates state agency and institution employee, client, and student funds by changing the funds' designation from "activity funds" and "welfare funds" to "trustee accounts. " It eliminates a requirement that an agency or institution head operating a general welfare fund file a financial report with the secretary of the Office of Policy and Management.

PA 02-109- AN ACT CONCERNING YOUTH IN CRISIS

This act makes it clear that the youth in crisis program covers both 16- and 17-year-olds and permits the Judicial Department to use any juvenile justice appropriations to operate the youth in crisis program. A youth in crisis is someone who comes under juvenile court jurisdiction because he has run away from home without just cause, is beyond his parents' control, or has multiple unexcused absences from school. The court can require the youth to work, participate in community service, or go to school or some other educational program; restrict his driving; and require mental health services.

PA 02-111-AN ACT CONCERNING CONSUMER CREDIT AND MONEY TRANSMITTER LICENSEES

This act expands the definition of a "consumer collection agency" to include a person who collects property tax from a property tax debtor on a municipality's behalf. It defines a "property tax debtor" as a person or organization who incurred indebtedness or owes a debt to a municipality because the municipality levied a property tax. The act prohibits consumer collection agencies from physically receiving funds for a creditor municipality, but allows them to contact debtors in the municipality's stead.

PA 02-113-AN ACT REQUIRING THE SCREENING OF NEWBORNS FOR METABOLIC DISEASES

This act requires the Department of Public Health to buy two tandem mass spectrometers to screen newborns for metabolic disorders.

PA 02-118-AN ACT INCREASING THE AMOUNT OF UNAPPROPRIATED SURPLUS TRANSFERRED TO THE BUDGET RESERVE FUND

This act increases the maximum amount of the unappropriated General Fund surplus for any fiscal year that must be transferred to the Budget Reserve ("Rainy Day") Fund from 5% to 7. 5% of the net General Fund appropriations for that year. By law, unappropriated surplus

funds remaining after the full allocation to the Budget Reserve Fund must go to reduce (1) the State Employees Retirement Fund's unfunded liability and (2) outstanding state debt.

PA 02-119-AN ACT CONCERNING BULLYING BEHAVIOR IN SCHOOLS AND CONCERNING THE PLEDGE OF ALLEGIANCE

This act requires all school boards to develop a policy addressing bullying, which it defines as repeated, overt acts by one or more students on school grounds or at a school-sponsored activity that are intended to ridicule, humiliate, or intimidate another student. Among other things, each district's bullying policies must permit anonymous reports by students of bullying and written reports by parents or guardians of suspected bullying; require teachers and other school staff to notify school administrators of bullying they witness and students' reports they receive; require administrators to investigate parents' written reports and review students' anonymous reports; require each school to maintain a publicly available list of the number of verified bullying acts that occurred there; and require notice to parents or guardians of all students involved in a verified act of bullying. The notice must describe the school's response and any consequences that may result from further acts of bullying. The policy must be developed for use starting February 1, 2003.

PA 02-123-AN ACT REVISING VARIOUS TRANSPORTATION LAWS

This act by July 1, 2003, requires the transportation commissioner to establish by regulation a procedure for resolving claims disputes between customers and household goods carriers and motor contract carriers operating in intrastate commerce.

PA 02-125-AN ACT CREATING A PROGRAM FOR QUALITY IN HEALTH CARE

This act requires hospitals and outpatient surgical facilities to report adverse events to the Department of Public Health (DPH). An "adverse event" is an injury caused by or associated with medical management that results in death or measurable disability. The act creates four categories of adverse events and sets out specific reporting requirements, beginning October 1, 2002. It requires DPH to adopt regulations that include a prescribed form for reporting adverse events and to report annually to the Public Health Committee, by March 1, on adverse event reporting. It specifies that information collected on adverse events does not have to be disclosed for a six-month period from the date the required written report is submitted (72 hours after the adverse event). The information is not subject to subpoena, discovery, or introduction into evidence in any judicial or administrative proceeding except as otherwise specifically provided by law.

PA 02-126-AN ACT REQUIRING THE ISSUANCE OF UNITED WE STAND COMMEMORATIVE NUMBER PLATES, AND CONCERNING TUITION WAIVERS AND AN INCOME TAX EXEMPTION FOR CHILDREN AND SPOUSES OF TERRORIST VICTIMS AND DESIGNATING A REMEMBRANCE DAY

This act requires the Department of Motor Vehicles (DMV), beginning January 1, 2003, to issue a commemorative license plate with a design that enhances public solidarity following the September 11, 2001 terrorist attacks; and requires the governor to proclaim September 11 annually as "Remembrance Day" instead of "911 Day" for the purpose of memorializing those killed and injured in the September 11, 2001 terrorist attacks and honoring the service, sacrifice, and contributions of police, fire fighters, and others who responded to the attacks.

The special license plates the DMV commissioner must begin issuing on January 1, 2003 must bear the words "United We Stand" and the image of an American flag. The act requires a $ 50 fee for the commemorative plates in addition to any normally required registration fees. It creates a special non-lapsing General Fund account for fees collected from the plates. It authorizes DMV to retain $ 15 of the fee for administrative costs associated with the plate program and requires the other $ 35 to be deposited in the special account. Also, DMV may not collect a transfer fee to transfer an existing registration to or from a registration with United We Stand plates, but, as the law already provides in other cases, may charge additional fees for number plates that contain alphanumeric characters from previously issued plates, low-number plates (1-10,000 for passenger vehicles), and vanity plates.

The act requires 50% of the fees transferred to the special account to be distributed quarterly to the U. S. Department of State's "Rewards for Justice" program and used solely to apprehend and bring terrorists to justice. The other 50% must be spent by the Office of Policy and Management (OPM) to (1) reimburse boards of trustees for the required tuition fee waivers and (2) establish a nonlapsing General Fund account for providing financial support for civil preparedness and related training activities, and for purchasing supplies and equipment to support emergency personnel. The act also authorizes OPM to receive private donations for the "United We Stand" account.

PA 02-130-AN ACT REVISING CERTAIN ELECTIONS AND CAMPAIGN FINANCE STATUTES AND CONCERNING CAMPAIGN CONTRIBUTIONS BY PERSONS ASSOCIATED WITH INVESTMENT FIRMS DOING BUSINESS WITH THE STATE TREASURER AND MEETINGS OF CAUCUSES UNDER THE FREEDOM OF INFORMATION ACT

This act requires (a) voters at an election where paper ballots are used to show identification and (b) voting officials to determine voters' eligibility before, rather than after, they mark their ballots. It applies to voting by paper ballots the same procedures that voters follow when they use voting machines. The procedures apply at a primary, election, or referendum and require each voter to announce his name and address and show identification or sign a statement attesting to his identity. Officials check the voter's name on the official checklist and resolve any challenge before permitting the voter to cast a ballot. The act's provisions apply where two or more political parties are conducting a primary, including a primary in which one party permits unaffiliated voters to cast ballots for some or all offices when separate checklists are used.

PA 02-132-AN ACT CONCERNING THE COURT SUPPORT SERVICES DIVISION, COURT OPERATIONS, CONCILIATION PROCEDURES IN A DISSOLUTION OF MARRIAGE AND EXPANSION OF THE PARENTING EDUCATION PROGRAM

This act requires the advisory committee on the Judicial Department's parenting education program to make recommendations on a separate program for children whose parents are involved in a divorce or legal separation. It requires the committee, by January 15, 2003, to make recommendations to the department on expanding the parenting education program to include a separate program for children whose parents are involved in a dissolution of marriage action. The program must (1) be designed to help children cope more effectively with the problems resulting from dissolution and (2) have the goals of (a) preventing or reducing the child's anxiety, aggression, depression, and behavioral problems and (b) increasing social competencies critical to a child's post-dissolution adjustment.

PA 02-134-AN ACT PROTECTING DISPLACED WORKERS

This act requires entities that take over contracts to provide food and beverage services at Bradley International Airport to retain their predecessors' employees for at least 90 days. The successor contractor does not have to retain an employee with a poor attendance or performance record. It imposes responsibilities on the authority that initially awards the contract, the original contractor, and successor contractors who have 10 or more employees. It bars the successor contractor from firing the retained employees during the 90-day period except for just cause. The successor contractor can lay them off, but must do so by seniority. An employee displaced or terminated in violation of these provisions can sue for damages and reinstatement to his job. If a retained employee's performance during the 90-day period is satisfactory, the successor contractor must offer him continued employment under terms and conditions it sets, or as required by law.

An awarding authority or contractor that knowingly violates these provisions is subject to a fine of up to $ 100 per employee for each day the violation continues.

The act applies to contracts entered on or after July 1, 2002 with (1) entities that agree to provide the covered services and (2) their subcontractors at any tier who employ 10 or more people. It does not apply to employees in managerial, supervisory, or confidential positions, or who work fewer than 15 hours per week. The act also applies to contracts awarded between July 1, 2001 and July 1, 2002, if the successor contractor actually knew that the legislature was considering legislation like the act.

PA 02-137-AN ACT CONCERNING THE CONFIDENTIALITY AND RETENTION OF MILITARY DISCHARGE DOCUMENTS, THE APPOINTMENT OF ASSISTANT TOWN CLERKS, THE WAIVER OF VENDING FEES FOR CERTAIN VETERANS, THE MUNICIPAL OPTION TO PROVIDE AN ADDITIONAL PROPERTY TAX EXEMPTION FOR VETERANS, THE MAXIMUM PROPERTY VALUE FOR MUNICIPAL TAX LIEN FORECLOSURES, THE ELECTRONIC SCANNING OF PUBLIC RECORDS, THE WAIVER OF PUBLIC RECORD FEES FOR CERTAIN OFFICIALS AND THE DISCLOSURE OF CERTAIN AUTOPSY RECORDS

This act allows municipalities to increase their optional property tax assessment reduction for low-income wartime veterans or their surviving spouses from a maximum of $ 1,000 to a maximum of $ 10,000. To qualify for the exemption a veteran or surviving spouse generally must have an annual income of no more than $ 25,400 if single or $ 31,100 if married. The municipal option veterans' exemption is in addition to other property tax exemptions for veterans and disabled veterans, some of which are also income-based.

PA 02-140- AN ACT CONCERNING THE O'NEILL CENTER, THE CONNECTICUT STATE UNIVERSITY'S BIDDING PROCESS AND THE CONNECTICUT INSTITUTE FOR MUNICIPAL STUDIES

This act:

1. allows the Department of Public Works commissioner to use the same negotiated contracting and bidding procedures for Connecticut State University (CSU) student dorm projects he already may use for other designated state construction projects, such as the Connecticut Juvenile Training School and the downtown Hartford higher education center;

2. eliminates the Connecticut Institute for Municipal Studies (CIMS) as a separate entity and transfers its financial and other assets to Central Connecticut State University (CCSU);

3. eliminates the requirement that the comptroller provide group health coverage for CIMS employees;

4. from July 1, 2002 to June 30, 2006, exempts money Western Connecticut State University's contractor receives from O'Neill Center ticket sales from regular requirements for depositing state funds;

5. allows public education constituent unit or institution chief executive officers (CEOs) to accept electronic bids, quotations, and proposals for equipment, supplies, and contractual services but bars them from refusing to consider a bid, quotation, or proposal because it is not submitted electronically; and

6. allows constituent units to meet requirements to keep certain bids "sealed" either by sealing them in an envelope or keeping them in a safe and secure electronic environment.

This act seeks to broaden the circumstances under which the Department of Public Utilities Control may exempt manufacturing plants from part of the competitive transition assessment (CTA) on their electric bills. The act applies to plants that employ at least 200 people and are in a distressed municipality within an enterprise corridor. The following towns currently meet both criteria: Ansonia, Derby, Griswold, Killingly, Naugatuck, Plainfield, Putnam, Sprague, and Thompson. (The list of distressed municipalities changes over time based on economic criteria. )

It is unclear to what extent the act allows the department to exempt a plant from the CTA. By law, a manufacturer in any town that builds a new plant or expands an existing one may apply to the department for an exemption of that part of the CTA attributable to the electricity demand created by the new construction, so long as (1) it will create at least 100 new jobs and (2) the increased electric demand is at least 50 kilowatts. The act, read literally, would allow a manufacturer in a distressed municipality in an enterprise corridor to apply for an exemption only if it also meets these criteria. Under this interpretation, the act has no effect. An alternative interpretation is that the act would allow a manufacturer expanding a plant in such a town to apply for an exemption, even if it does not meet the current jobs and electric demand criteria. The act does not provide an exemption to a plant that meets its geographic criteria but does not expand.

PA 02-143-AN ACT CONCERNING THE STATE'S SECURITY INTEREST IN CERTAIN PERSONAL PROPERTY AND THE FIXING OF PROPERTY ASSESSMENTS OF ELECTRIC GENERATING FACILITIES IN CERTAIN MUNICIPALITIES

This act establishes a process for the state to recover its reimbursements to municipalities for revenue they lose from mandated property tax exemptions for new and newly acquired machinery and equipment used in manufacturing or biotechnology. By law, certain businesses in a distressed municipality or targeted investment community qualify for a state-reimbursed, five-year, 50% property tax exemption for the value of new machinery and equipment acquired as part of a technological upgrade of a manufacturing process. Businesses throughout the state also qualify for a state-reimbursed, five-year, 100% property tax exemption for the value of new or newly acquired machinery and equipment used in manufacturing or biotechnology facilities or operations. The state has a security interest in exempt machinery and equipment equal to the state reimbursement. The security interest is enforceable against the business for five years after the last year in which it received an exemption, if it ceases all manufacturing or biotechnology operations or moves them entirely out of the state. This act establishes a process for enforcing this security interest.

PA 02-01 OF MAY SPECIAL SESSION - AN ACT CONCERNING ADJUSTMENTS TO THE STATE BUDGET FOR THE BIENNIUM ENDING JUNE 30, 2003, STATE REVENUES AND OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR