Connecticut Seal

House Bill No. 6806

June 30 Special Session, Public Act No. 03-6

AN ACT CONCERNING GENERAL BUDGET AND REVENUE IMPLEMENTATION PROVISIONS.

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

Section 1. Subdivision (1) of subsection (b) of section 10-217a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(1) The percentage of the amount paid from local tax revenues for such services reimbursed to a local board of education shall be determined by (A) ranking each town in the state in descending order from one to one hundred sixty-nine according to such town's adjusted equalized net grand list per capita, as defined in section 10-261; (B) based upon such ranking, (i) for reimbursement paid in the fiscal year ending June 30, 1990, a percentage of not less than forty-five nor more than ninety shall be determined for each town on a continuous scale, except that for any town in which the number of children under the temporary family assistance program, as defined in subdivision (17) of section 10-262f, is greater than one per cent of the total population of the town, as defined in subdivision (7) of subsection (a) of section 10-261, the percentage shall be not less than eighty, (ii) for reimbursement paid in the fiscal years ending June 30, 1991, to June 30, 2001, inclusive, a percentage of not less than ten nor more than ninety shall be determined for each town on a continuous scale, except that for any town in which the number of children under the temporary family assistance program, as defined in said subdivision (17) of section 10-262f, is greater than one per cent of the total population of the town, as defined in subdivision (7) of subsection (a) of section 10-261, and for any town which has a wealth rank greater than thirty when towns are ranked pursuant to subparagraph (A) of this subdivision and which provides such services to greater than one thousand five hundred children who are not residents of the town, the percentage shall be not less than eighty, and (iii) for reimbursement paid in the fiscal years ending June 30, 2002, [and June 30, 2003] and each fiscal year thereafter, a percentage of not less than ten nor more than ninety shall be determined for each town on a continuous scale, except that for any town in which the number of children under the temporary family assistance program, as defined in said subdivision (17) of section 10-262f, for the fiscal year ending June 30, 1997, was greater than one per cent of the total population of the town, as defined in subdivision (7) of subsection (a) of section 10-261 for the fiscal year ending June 30, 1997, and for any town which has a wealth rank greater than thirty when towns are ranked pursuant to subparagraph (A) of this subdivision and which provides such services to greater than one thousand five hundred children who are not residents of the town, the percentage shall be not less than eighty.

Sec. 2. Section 10-76a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Whenever used in sections 10-76a to 10-76i, inclusive:

(1) "Commissioner" means the Commissioner of Education.

(2) "Child" means any person under twenty-one years of age.

(3) An "exceptional child" means a child who deviates either intellectually, physically or emotionally so markedly from normally expected growth and development patterns that he or she is or will be unable to progress effectively in a regular school program and needs a special class, special instruction or special services.

(4) "Special education" means specially designed instruction developed in accordance with the regulations of the commissioner, subject to approval by the State Board of Education offered at no cost to parents or guardians, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings and instruction in physical education and special classes, programs or services, including related services, designed to meet the educational needs of exceptional children.

(5) ["Children] "A child requiring special education" [includes] means any exceptional child who (A) [has mental retardation, a physical handicap or neurological impairment or who is autistic, traumatically brain injured, seriously emotionally disturbed or suffering an identifiable learning disability which impedes such child's rate of development, which disability is amenable to correction or which rate of development may be improved by special education] meets the criteria for eligibility for special education pursuant to the Individuals with Disabilities Education Act, 20 USC 1400, et seq., as amended from time to time, (B) has extraordinary learning ability or outstanding talent in the creative arts, the development of which requires programs or services beyond the level of those ordinarily provided in regular school programs but which may be provided through special education as part of the public school program, or (C) is age three to five, inclusive, and is experiencing developmental delay that causes such child to require special education.

(6) "Developmental delay" means significant delay in one or more of the following areas: (A) Physical development; (B) communication development; (C) cognitive development; (D) social or emotional development; or (E) adaptive development, as measured by appropriate diagnostic instruments and procedures and demonstrated by scores obtained on an appropriate norm-referenced standardized diagnostic instrument.

[(7) A "child with mental retardation" is one who has mental retardation, as defined in the Individuals With Disabilities Act, 20 USC 1400, et seq. , as amended from time to time.

(8) A "child with a physical handicap" is one who because of some physical handicap, as defined in regulations adopted by the State Board of Education, requires special educational programs or services. ]

[(9)] (7) "Related services" means related services, as defined in the Individuals With Disabilities Education Act, 20 USC 1400 et seq. , as amended from time to time.

[(10) A "child with a neurological impairment" is one who has a neurological impairment, as defined in regulations adopted by the State Board of Education.

(11) A child who is "seriously emotionally disturbed" is one who has a serious emotional disturbance, as defined in the Individuals With Disabilities Education Act, 20 USC 1400, et seq. , as amended from time to time.

(12) "School age children" are those who have attained the age at which the town must commence to provide educational opportunities pursuant to section 10-186.

(13) A child with an "identifiable learning disability" is one who exhibits a severe discrepancy between educational performance and measured intellectual ability and who exhibits a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in a diminished ability to listen, speak, read, write, spell or to do mathematical calculations and does not include a child who has a learning problem that is primarily the result of visual, hearing, motor disabilities, mental retardation, emotional disturbance, environmental, cultural or economic disadvantage. ]

[(14)] (8) "Extraordinary learning ability" and "outstanding creative talent" shall be defined by regulation by the commissioner, subject to the approval of the State Board of Education, after consideration by said commissioner of the opinions of appropriate specialists and of the normal range of ability and rate of progress of children in the Connecticut public schools.

[(15) "Transition services" means a coordinated set of activities for a student, designed within an outcome-oriented process, which promotes movement from school to postschool activities, including postsecondary education, vocational training, integrated employment which may include supported employment, continuing and adult education, adult services, independent living or community participation. The coordinated set of activities is based upon the individual student's needs, taking into account the student's preferences and interests, and includes instruction, community experiences, the development of employment and other postschool adult living objectives, and where appropriate, acquisition of daily living skills and functional vocational evaluation. ]

Sec. 3. Subdivision (1) of subsection (a) of section 10-76d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(1) In accordance with the regulations and procedures established by the Commissioner of Education and approved by the State Board of Education, each local or regional board of education shall provide the professional services requisite to identification of [school-age] children requiring special education, identify each such child within its jurisdiction, determine the eligibility of such children for special education pursuant to sections 10-76a to 10-76h, inclusive, prescribe suitable educational programs for eligible children, maintain a record thereof and make such reports as the commissioner may require.

Sec. 4. Subdivision (7) of subsection (a) of section 10-76d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(7) The planning and placement team shall, in accordance with the provisions of the Individuals with Disabilities Education Act, 20 USC 1400, et seq., as amended from time to time, develop and update annually a statement of transition service needs [under the applicable components of a student's individualized education program for each student with a disability, beginning at age fourteen, or younger if deemed appropriate by the team. Such statement shall focus on the student's courses of study such as participation in advanced placement courses or a vocational education program. The planning and placement team shall include in the statement for each such student beginning at age sixteen, or younger if deemed appropriate by the team, a provision detailing the transition services needed by the student including, if appropriate, a statement of interagency responsibilities] for each child requiring special education.

Sec. 5. Subdivision (1) of subsection (a) of section 10-76h of the general statutes, as amended by section 11 of public act 03-76, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) (1) A parent or guardian of a child requiring special education and related services pursuant to sections 10-76a to 10-76g, inclusive, a pupil if such pupil is an emancipated minor or eighteen years of age or older requiring such services, a surrogate parent appointed pursuant to section 10-94g, or the Commissioner of Children and Families, or a designee of said commissioner, on behalf of any such child in the custody of said commissioner, may request, in writing, a hearing of the local or regional board of education or the unified school district responsible for providing such services whenever such board or district proposes or refuses to initiate or change the identification, evaluation or educational placement of or the provision of a free appropriate public education to such child or pupil. [, provided no issue may be raised at such hearing unless it was raised at a planning and placement team meeting for such child or pupil and provided further, nothing in this subsection shall be construed to limit the right of such parent, guardian, emancipated minor or surrogate parent to initiate a planning and placement team meeting at any time. ] The local or regional board of education or the unified school district shall, not later than seven calendar days after receipt of a request for a hearing, notify the Department of Education of such request. The local or regional board of education or the unified school district responsible for providing special education and related services for a child or pupil requiring such services under sections 10-76a to 10-76g, inclusive, may request, upon written notice to the parent or guardian of such child, the pupil if such pupil is an emancipated minor or is eighteen years of age or older, the surrogate parent appointed pursuant to section 10-94g, or the Commissioner of Children and Families, or a designee of said commissioner, on behalf of any such child or pupil in the custody of said commissioner, a hearing concerning the decision of the planning and placement team established pursuant to section 10-76d, whenever such board or district proposes or refuses to initiate or change the identification, evaluation or educational placement of or the provision of a free appropriate public education placement to such child or pupil, including, but not limited to, refusal of the parent or guardian, pupil if such pupil is an emancipated minor or is eighteen years of age or older or the surrogate parent appointed pursuant to section 10-94g, to give consent for [preplacement] initial evaluation or [initial placement in special education] reevaluation or the withdrawal of such consent. [, provided no issue may be raised at such hearing unless it was raised at a planning and placement team meeting for such child or pupil and provided further, nothing in this subsection shall be construed to limit the right of such board or district to initiate a planning and placement team meeting. ] In the event a planning and placement team proposes private placement for a child or pupil who requires or may require special education and related services and the parent, guardian, pupil if such pupil is an emancipated minor or is eighteen years of age or older or surrogate parent appointed pursuant to section 10-94g withholds or revokes consent for such placement, the local or regional board of education shall request a hearing in accordance with this section and may request mediation pursuant to subsection (f) of this section, provided such action may be taken only in the event such parent, guardian, pupil or surrogate parent has consented to the initial receipt of special education and related services and subsequent to the initial placement of the child, the local or regional board of education seeks a private placement. For purposes of this section, a "local or regional board of education or unified school district" includes any public agency which is responsible for the provision of special education and related services to children requiring special education and related services.

Sec. 6. Subdivision (2) of subsection (c) of section 10-76h of the general statutes, as amended by section 11 of public act 03-76, is repealed and the following is substituted in lieu thereof (Effective from passage):

(2) Both parties shall participate in a prehearing conference [, at least ten days prior to the date the hearing is scheduled to commence,] to resolve the issues in dispute, if possible and narrow the scope of the issues. Each party to the hearing shall disclose, not later than five business days prior to the date the hearing commences, (A) documentary evidence such party plans to present at the hearing and a list of witnesses such party plans to call at the hearing, and (B) all completed evaluations and recommendations based on the offering party's evaluations that the party intends to use at the hearing. Except for good cause shown, the hearing officer shall limit each party to such documentary evidence and witnesses as were properly disclosed and are relevant to the issues in dispute. A hearing officer may bar any party who fails to comply with the requirements concerning disclosure of evaluations and recommendations from introducing any undisclosed evaluation or recommendation at the hearing without the consent of the other party.

Sec. 7. Subsection (d) of section 10-76h of the general statutes, as amended by section 11 of public act 03-76, is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) (1) The hearing officer or board shall have the authority to confirm, modify, or reject the identification, evaluation or educational placement of or the provision of a free appropriate public education to the child or pupil, to determine the appropriateness of an educational placement where the parent or guardian of a child requiring special education or the pupil if such pupil is an emancipated minor or eighteen years of age or older, has placed the child or pupil in a program other than that prescribed by the planning and placement team, or to prescribe alternate special educational programs for the child or pupil. In the case where a parent or guardian, or pupil if such pupil is an emancipated minor or is eighteen years of age or older, or a surrogate parent appointed pursuant to section 10-94g, has refused consent for initial evaluation or [placement in special education] reevaluation, the hearing officer or board may order [special education evaluation or placement] an initial evaluation or reevaluation without the consent of such parent, guardian, pupil or surrogate parent except that if the parent, guardian, pupil or surrogate parent appeals such decision pursuant to subdivision (4) of this subsection, the child or pupil may not be evaluated or placed pending the disposition of the appeal. The hearing officer or board shall inform the parent or guardian, or the emancipated minor or pupil eighteen years of age or older, or the surrogate parent appointed pursuant to section 10-94g, or the Commissioner of Children and Families, as the case may be, and the board of education of the school district or the unified school district of the decision in writing and mail such decision within forty-five days after receipt by the board of the request for a hearing made in accordance with the provisions of subsection (a) of this section except that a hearing officer or board may grant specific extensions of such forty-five-day period in order to comply with the provisions of subsection (b) of this section. The hearing officer may include in his decision a comment on the conduct of the proceedings. The findings of fact, conclusions of law and decision shall be written without personally identifiable information concerning such child or pupil, so that such decisions may be available for public inspections pursuant to sections 4-167 and 4-180a.

(2) If the local or regional board of education or the unified school district responsible for providing special education for such child or pupil requiring special education does not take action on the findings or prescription of the hearing officer or board within fifteen days after receipt thereof, the State Board of Education shall take appropriate action to enforce the findings or prescriptions of the hearing officer or board. Such action may include application to the Superior Court for injunctive relief to compel such local or regional board or school district to implement the findings or prescription of the hearing officer or board without the necessity of establishing irreparable harm or inadequate remedy at law.

(3) If the hearing officer or board upholds the local or regional board of education or the unified school district responsible for providing special education and related services for such child or pupil who requires or may require special education on the issue of evaluation, reevaluation or placement in a private school or facility, such board or district may evaluate or provide such services to the child or pupil without the consent of the parent or guardian, pupil if such pupil is an emancipated minor or is eighteen years of age or older, or the surrogate parent appointed pursuant to section 10-94g, subject to an appeal pursuant to subdivision (4) of this subsection.

(4) Appeals from the decision of the hearing officer or board shall be taken in the manner set forth in section 4-183, except [, upon application made to the court to present evidence at the hearing on such appeal, the court, after reviewing the record of the proceedings of the hearing officer or board, may grant such application if, after a hearing and the presentation of oral argument on such application, the court finds (A) that the record does not contain a complete transcript of the entire proceedings and of the evidence presented before said hearing officer or board, or (B) that the taking of evidence is necessary for the equitable disposition of the appeal, or (C) probable cause to believe that reliable, probative and substantial evidence was overlooked or ignored by the findings and conclusions of said hearing officer or board] the court shall hear additional evidence at the request of a party. Notwithstanding the provisions of section 4-183, such appeal shall be taken to the judicial district wherein the child or pupil resides. In the event of an appeal, upon request and at the expense of the State Board of Education, said board shall supply a copy of the transcript of the formal sessions of the hearing officer or board to the parent or guardian or the emancipated minor or pupil eighteen years of age or older or surrogate parent or said commissioner and to the board of education of the school district or the unified school district.

Sec. 8. Section 10-253 of the general statutes is amended by adding subsection (f) as follows (Effective from passage):

(NEW) (f) Notwithstanding any provision of the general statutes, educational services shall be provided by each local and regional board of education to homeless children and youths in accordance with the provisions of 42 USC 11431, et seq. , as amended from time to time.

Sec. 9. Subsection (a) of section 10-266m of the general statutes is amended by adding subdivision (4) as follows (Effective from passage):

(NEW) (4) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2004, and June 30, 2005, the amount of transportation grants payable to local or regional boards of education shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for such grants for such year.

Sec. 10. Section 10-71 of the general statutes is amended by adding subsection (d) as follows (Effective from passage):

(NEW) (d) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2004, and June 30, 2005, the amount of the grants payable to towns, regional boards of education or regional educational service centers in accordance with this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this section for such year.

Sec. 11. Subsection (d) of section 10-292o of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) The amount of the regional educational service center lease grant approved by the Commissioner of Education under the provisions of this section shall be the eligible percentage, as determined in subsection (c) of section 10-285a, times the eligible lease costs as determined by the Commissioner of Education. Grants pursuant to this section shall be paid on a current year basis if the regional educational service center files an application to lease a facility with the state Department of Education on or before August first of each year. No such facility or portion thereof shall be eligible for a grant under this section unless the local fire marshal has declared the facility suitable for occupancy as a facility for use in furnishing educational programs and services. Eligible costs pursuant to this section shall be limited to the lease cost of the building, net of any other costs. Grant payments shall be made as follows: Twenty-five per cent of the estimated cost in October, twenty-five per cent of the estimated cost in January, and the balance of the estimated cost in April. The actual cost will be reported on or before September first following the year of application on the end of school year report filed by each regional educational service center. If the Commissioner of Education determines that there has been an underpayment or overpayment in a grant made pursuant to this section, the commissioner shall calculate the amount of the underpayment or overpayment and shall adjust the amount of the grant payment for the fiscal year next following the fiscal year in which such underpayment or overpayment was made. The amount of the adjustment shall be equal to the amount of the underpayment or overpayment. If the amount of the overpayment exceeds the grant payment for the fiscal year next following the fiscal year in which such overpayment was made, the regional educational service center shall, upon the request of the commissioner, pay the department the difference. Any lease pursuant to this section shall be for a period not to exceed twenty years. In no event shall the reimbursement pursuant to this section be based upon a cost per square foot which exceeds the cost determined to be reasonable by the Commissioner of Education. In the case of any grants computed under this section, any federal funds or other state funds received for such costs covered by the grant shall be deducted from cost estimates prior to computation of the grant. Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2004, and June 30, 2005, the amount of the grants payable to regional educational service centers in accordance with this section, shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this section for such year.

Sec. 12. Section 10-66j of the general statutes is amended by adding subsection (e) as follows (Effective from passage):

(NEW) (e) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2004, and June 30, 2005, the amount of grants payable to regional educational service centers, shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for such grants for such year.

Sec. 13. (Effective from passage) Notwithstanding the provisions of section 10-217a of the general statutes, as amended by this act, for the fiscal years ending June 30, 2004, and June 30, 2005, the amount of grants payable to each grantee under said section 10-217a shall be reduced proportionately to remain within the available appropriation.

Sec. 14. Subsection (c) of section 10-66ee of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) (1) The state shall, annually, pay in accordance with this subsection, to the fiscal authority for a state charter school, seven thousand two hundred fifty dollars for each student enrolled in such school. Such payments shall be made as follows: Twenty-five per cent of the amount not later than July fifteenth and September fifteenth based on estimated student enrollment on May first, and twenty-five per cent of the amount not later than January fifteenth and the remaining amount not later than April fifteenth, each based on student enrollment on October first. If, for any fiscal year, the total amount appropriated for grants pursuant to this subdivision exceeds seven thousand two hundred fifty dollars per student, the amount of such grants payable per student shall be increased proportionately. (2) In the case of a student identified as requiring special education, the school district in which the student resides shall: (A) Hold the planning and placement team meeting for such student and shall invite representatives from the charter school to participate in such meeting; and (B) pay the state charter school, on a quarterly basis, an amount equal to the difference between the reasonable cost of educating such student and the sum of the amount received by the state charter school for such student pursuant to subdivision (1) of this subsection and amounts received from other state, federal, local or private sources calculated on a per pupil basis. Such school district shall be eligible for reimbursement pursuant to section 10-76g. The charter school a student requiring special education attends shall be responsible for ensuring that such student receives the services mandated by the student's individualized education program whether such services are provided by the charter school or by the school district in which the student resides.

Sec. 15. Subsection (b) of section 10-16p of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The Department of Education shall be the lead agency for school readiness. For purposes of this section and section 10-16u, school readiness program providers eligible for funding from the Department of Education shall include local and regional boards of education, regional educational service centers, family resource centers and providers of child day care centers, as defined in section 19a-77, Head Start programs, preschool programs and other programs that meet such standards established by the Commissioner of Education. The department shall establish standards for school readiness programs. The standards may include, but need not be limited to, guidelines for staff-child interactions, curriculum content, including preliteracy development, lesson plans, parent involvement, staff qualifications and training, and administration. The department shall develop age-appropriate developmental skills and goals for children attending such programs. The commissioner, in consultation with the Commissioners of Higher Education and Social Services and other appropriate entities, shall develop a continuing education training program for the staff of school readiness programs. For purposes of this section, on and after July 1, [2003] 2004, "staff qualifications" means there is in each classroom an individual who has at least the following: (1) A credential issued by an organization approved by the Commissioner of Education and nine credits or more in early childhood education or child development from an institution of higher education accredited by the Board of Governors of Higher Education or regionally accredited; (2) an associate's degree in early childhood education or child development from such an institution; or (3) a four-year degree in early childhood education or child development from such an institution.

Sec. 16. Section 51 of public act 01-1 of the June special session is repealed and the following is substituted in lieu thereof (Effective from passage):

Notwithstanding the provisions of sections 10-67 to 10-73b, inclusive, of the general statutes, for the fiscal years ending June 30, [2002] 2004, and June 30, [2003] 2005, the WACE Technical Training Center in Waterbury shall be eligible to spend up to $ 300,000 of funding received under the Adult Education Grant pursuant to said sections 10-67 to 10-73b, inclusive, for technical training.

Sec. 17. (Effective from passage) (a) For the fiscal years ending June 30, 2004, and June 30, 2005, system office expenditures for the Community-Technical Colleges, exclusive of telecommunications center funds, capital equipment bond funds, funds for identified systemwide projects which benefit the individual campuses of the community-technical colleges, and funds for data center, shall not exceed 1. 59% and 1. 55% respectively, of the annual general fund appropriation and operating fund expenditures, exclusive of federal, private, capital bond and fringe benefit funds.

(b) For the fiscal years ending June 30, 2004, and June 30, 2005, system office expenditures for the Connecticut State University system, exclusive of telecommunications center funds, capital equipment bond funds, funds for identified systemwide projects which benefit the individual campuses of the State University system, and funds for data center, shall not exceed 1. 13% and 1. 1% respectively, of the annual general fund appropriation and operating fund expenditures, exclusive of federal, private, capital bond and fringe benefit funds.

(c) For the Community-Technical Colleges, for the fiscal years ending June 30, 2004, and June 30, 2005, expenditures for institutional administration, defined as system office, executive management, fiscal operations, and general administration, exclusive of expenditures for logistical services, administrative computing, and development, shall not exceed 10. 69% and 10. 38% respectively, of the annual general fund appropriation and operating fund expenditures, exclusive of federal, private, capital bond and fringe benefit funds.

(d) For the Connecticut State University system, for the fiscal years ending June 30, 2004, and June 30, 2005, expenditures for institutional administration, defined as system office, executive management, fiscal operations, and general administration, exclusive of expenditures for logistical services, administrative computing, and development, shall not exceed 7. 94% and 7. 7% respectively, of the annual general fund appropriation and operating fund expenditures, exclusive of federal, private, capital bond and fringe benefit funds.

(e) For The University of Connecticut, expenditures for institutional administration, defined as system office, executive management, fiscal operations, and general administration, exclusive of expenditures for logistical services, administrative computing, and development, for the fiscal years ending June 30, 2004, and June 30, 2005, shall not exceed 3. 58% and 3. 47% respectively, of the annual general fund appropriation and operating fund expenditures, exclusive of federal, private, capital bond and fringe benefit funds.

(f) The Commissioner of Higher Education shall monitor compliance with the provisions of subsections (a) to (e), inclusive, of this section and shall report findings to the joint standing committees of the General Assembly having cognizance of matters relating to higher education and to appropriations not later than sixty days following the close of each quarter of the fiscal years ending June 30, 2004, and June 30, 2005.

Sec. 18. Subsection (f) of section 10-266aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(f) The Department of Education shall provide grants to regional educational service centers or local or regional boards of education for the reasonable cost of transportation for students participating in the program. For the fiscal year ending June 30, [2000] 2003, and each fiscal year thereafter, the department shall provide such grants within available appropriations, provided the state-wide average of such grants does not exceed an amount equal to two thousand one hundred dollars for each student transported, except that the Commissioner of Education may grant to regional educational service centers additional sums from funds remaining in the appropriation for such transportation services if needed to offset transportation costs that exceed such maximum amount. The regional educational service centers shall provide reasonable transportation services to high school students who wish to participate in supervised extracurricular activities. For purposes of this section, the number of students transported shall be determined on September first of each fiscal year.

Sec. 19. Subsection (a) of section 10-221d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) On and after July 1, 1994, each local and regional board of education shall (1) require each applicant for a position in a public school to state whether such person has ever been convicted of a crime or whether criminal charges are pending against such person at the time of such person's application, (2) require, subject to the provisions of subsection (d) of this section, each person hired by the board after July 1, 1994, to submit to state and national criminal history records checks within thirty days from the date of employment and may require, subject to the provisions of subsection (d) of this section, any person hired prior to said date to submit to state and national criminal history records checks, and (3) require each worker (A) placed within a school under a public assistance employment program, or (B) employed by a provider of supplemental services pursuant to the No Child Left Behind Act, P.L. 107-110, who performs a service involving direct student contact to submit to state and national criminal history records checks within thirty days from the date such worker begins to perform such service. The criminal history records checks required by this subsection shall be conducted in accordance with section 29-17a. If the local or regional board of education receives notice of a conviction of a crime which has not previously been disclosed by such person to the board, the board may [(A)] (i) terminate the contract of a certified employee, in accordance with the provisions of section 10-151, and [(B)] (ii) dismiss a noncertified employee provided such employee is notified of the reason for such dismissal, is provided the opportunity to file with the board, in writing, any proper answer to such criminal conviction and a copy of the notice of such criminal conviction, the answer and the dismissal order are made a part of the records of the board. In addition, if the local or regional board of education receives notice of a conviction of a crime by a person holding a certificate, authorization or permit issued by the State Board of Education or employed by a provider of supplemental services, the local or regional board of education shall send such notice to the State Board of Education. The supervisory agent of a private school may require any applicant for a position in such school or any employee of such school to submit to state and national criminal history records checks in accordance with the procedures described in this subsection.

Sec. 20. Subsection (b) of section 10-76g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Any local or regional board of education which provides special education pursuant to the provisions of sections 10-76a to 10-76g, inclusive, for any exceptional child described in subparagraph (A) of subdivision (5) of section 10-76a, under its jurisdiction, excluding (1) children placed by a state agency for whom a board of education receives payment pursuant to the provisions of subdivision (2) of subsection (e) of section 10-76d, and (2) children who require special education, who reside on state-owned or leased property or in permanent family residences, as defined in section 17a-154, and who are not the educational responsibility of the unified school districts established pursuant to sections 17a-37, 17a-240 and 18-99a, shall be financially responsible for the reasonable costs of special education instruction, as defined in the regulations of the State Board of Education, in an amount equal to (A) for any fiscal year commencing prior to July 1, [2003] 2005, five times the average per pupil educational costs of such board of education for the prior fiscal year, determined in accordance with the provisions of subsection (a) of section 10-76f, and (B) for the fiscal year commencing July 1, [2003] 2005, and each fiscal year thereafter, four and one-half times such average per pupil educational costs of such board of education. The State Board of Education shall pay on a current basis any costs in excess of the local or regional board's basic contribution paid by such board in accordance with the provisions of this subsection. Any amounts paid by the State Board of Education on a current basis pursuant to this subsection shall not be reimbursable in the subsequent year. Application for such grant shall be made by filing with the Department of Education, in such manner as prescribed by the commissioner, annually on or before December first a statement of the cost of providing special education pursuant to this subsection, provided a board of education may submit, not later than March first, claims for additional children or costs not included in the December filing. Payment by the state for such excess costs shall be made to the local or regional board of education as follows: Seventy-five per cent of the cost in February and the balance in May. The amount due each town pursuant to the provisions of this subsection shall be paid to the treasurer of each town entitled to such aid, provided the treasurer shall treat such grant, or a portion of the grant, which relates to special education expenditures incurred in excess of such town's board of education budgeted estimate of such expenditures, as a reduction in expenditures by crediting such expenditure account, rather than town revenue. Such expenditure account shall be so credited no later than thirty days after receipt by the treasurer of necessary documentation from the board of education indicating the amount of such special education expenditures incurred in excess of such town's board of education budgeted estimate of such expenditures.

Sec. 21. Section 10-76g of the general statutes, as amended by sections 1 and 10 of public act 03-76, is amended by adding subsection (d) as follows (Effective from passage):

(NEW) (d) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2004, and June 30, 2005, the amount of the grants payable to local or regional boards of education in accordance with this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this section for such year.

Sec. 22. Subdivision (28) of section 10-262f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(28) "Base revenue" for the fiscal year ending June 30, 1995, means the sum of the grant entitlements for the fiscal year ending June 30, 1995, of a town pursuant to section 10-262h, as amended by this act, and subsection (a) of section 10-76g, including its proportional share, based on enrollment, of the revenue paid pursuant to section 10-76g, to the regional district of which the town is a member, and for each fiscal year thereafter means the amount of each town's entitlement pursuant to section 10-262h, as amended by this act, minus its density supplement, as determined pursuant to subdivision (6) of subsection (a) of section 10-262h, as amended by this act, except that for the fiscal year ending June 30, 2003, each town's entitlement shall be determined without using the adjustments made to the previous year's grant pursuant to subparagraph (M) of subdivision (6) of subsection (a) of section 10-262h, as amended by this act, except that for the fiscal year ending June 30, 2004, each town's entitlement shall be determined without using the adjustments made to the previous year's grant pursuant to subparagraph (N) of subdivision (6) of subsection (a) of section 10-262h, as amended by this act.

Sec. 23. Subdivision (6) of subsection (a) of section 10-262h of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(6) For the fiscal year ending June 30, 1996, and each fiscal year thereafter, a grant in an amount equal to the amount of its target aid as described in subdivision (32) of section 10-262f, except that such amount shall be capped in accordance with the following: (A) For the fiscal years ending June 30, 1996, June 30, 1997, June 30, 1998, and June 30, 1999, for each town, the maximum percentage increase over its previous year's base revenue shall be the product of five per cent and the ratio of the wealth of the town ranked one hundred fifty-third when all towns are ranked in descending order to each town's wealth, provided no town shall receive an increase greater than five per cent. (B) For the fiscal years ending June 30, 2000, June 30, 2001, June 30, 2002, [and] June 30, 2003, June 30, 2004, and June 30, 2005, for each town, the maximum percentage increase over its previous year's base revenue shall be the product of six per cent and the ratio of the wealth of the town ranked one hundred fifty-third when all towns are ranked in descending order to each town's wealth, provided no town shall receive an increase greater than six per cent. (C) No such cap shall be used for the fiscal year ending June 30, [2004] 2006, or any fiscal year thereafter. (D) For the fiscal year ending June 30, 1996, for each town, the maximum percentage reduction from its previous year's base revenue shall be equal to the product of three per cent and the ratio of each town's wealth to the wealth of the town ranked seventeenth when all towns are ranked in descending order, provided no town's grant shall be reduced by more than three per cent. (E) For the fiscal years ending June 30, 1997, June 30, 1998, and June 30, 1999, for each town, the maximum percentage reduction from its previous year's base revenue shall be equal to the product of five per cent and the ratio of each town's wealth to the wealth of the town ranked seventeenth when all towns are ranked in descending order, provided no town's grant shall be reduced by more than five per cent. (F) For the fiscal year ending June 30, 2000, and each fiscal year thereafter, no town's grant shall be less than the grant it received for the prior fiscal year. (G) [In] For each fiscal year through the fiscal year ending June 30, 2003, in addition to the amount determined pursuant to this subdivision, a town shall be eligible for a density supplement if the density of the town is greater than the average density of all towns in the state. The density supplement shall be determined by multiplying the density aid ratio of the town by the foundation level and the town's total need students for the prior fiscal year provided, for the fiscal year ending June 30, 2000, and each fiscal year thereafter, no town's density supplement shall be less than the density supplement such town received for the prior fiscal year. (H) For the fiscal year ending June 30, 1997, the grant determined in accordance with this subdivision for a town ranked one to forty-two when all towns are ranked in descending order according to town wealth shall be further reduced by one and two-hundredths of a per cent and such grant for all other towns shall be further reduced by fifty-six-hundredths of a per cent. (I) For the fiscal year ending June 30, 1998, and each fiscal year thereafter, no town whose school district is a priority school district shall receive a grant pursuant to this subdivision in an amount that is less than the amount received under such grant for the prior fiscal year. (J) For the fiscal year ending June 30, 2000, and each fiscal year [thereafter] through the fiscal year ending June 30, 2003, no town whose school district is a priority school district shall receive a grant pursuant to this subdivision that provides an amount of aid per resident student that is less than the amount of aid per resident student provided under the grant received for the prior fiscal year. (K) For the fiscal year ending June 30, 1998, and each fiscal year thereafter, no town whose school district is a priority school district shall receive a grant pursuant to this subdivision in an amount that is less than seventy per cent of the sum of (i) the product of a town's base aid ratio, the foundation level and the town's total need students for the fiscal year prior to the year in which the grant is to be paid, (ii) the product of a town's supplemental aid ratio, the foundation level and the sum of the portion of its total need students count described in subparagraphs (B) and (C) of subdivision (25) of section 10-262f for the fiscal year prior to the fiscal year in which the grant is to be paid, and the adjustments to its resident student count described in subdivision (22) of said section 10-262f relative to length of school year and summer school sessions, and (iii) the town's regional bonus. (L) For the fiscal year ending June 30, 2000, and each fiscal year thereafter, no town whose school district is a transitional school district shall receive a grant pursuant to this subdivision in an amount that is less than forty per cent of the sum of (i) the product of a town's base aid ratio, the foundation level and the town's total need students for the fiscal year prior to the fiscal year in which the grant is to be paid, (ii) the product of a town's supplemental aid ratio, the foundation level and the sum of the portion of its total need students count described in subparagraphs (B) and (C) of subdivision (25) of section 10-262f for the fiscal year prior to the fiscal year in which the grant is to be paid, and the adjustments to its resident student count described in subdivision (22) of said section 10-262f relative to length of school year and summer school sessions, and (iii) the town's regional bonus. (M) For the fiscal year ending June 30, 2002, (i) each town whose target aid is capped pursuant to this subdivision shall receive a grant that includes a pro rata share of twenty-five million dollars based on the difference between its target aid and the amount of the grant determined with the cap, and (ii) all towns shall receive a grant that is at least 1. 68 per cent greater than the grant they received for the fiscal year ending June 30, 2001. (N) For the fiscal year ending June 30, 2003, (i) each town whose target aid is capped pursuant to this subdivision shall receive a pro rata share of fifty million dollars based on the difference between its target aid and the amount of the grant determined with the cap, and (ii) each town shall receive a grant that is at least 1. 2 per cent more than its base revenue, as defined in subdivision (28) of section 10-262f, as amended by this act. (O) For the fiscal year ending June 30, 2003, each town shall receive a grant that is at least equal to the grant it received for the prior fiscal year. (P) For the fiscal year ending June 30, 2004, (i) each town whose target aid is capped pursuant to this subdivision shall receive a grant that includes a pro rata share of fifty million dollars based on the difference between its target aid and the amount of the grant determined with the cap, (ii) each town's grant including the cap supplement shall be reduced by three per cent, (iii) the towns of Bridgeport, Hartford and New Haven shall each receive a grant that is equal to the grant such towns received for the prior fiscal year plus one million dollars, (iv) those towns described in clause (i) of this subparagraph shall receive a grant that includes a pro rata share of three million dollars based on the same pro rata basis as used in said clause (i), (v) towns whose school districts are priority school districts pursuant to subsection (a) of section 10-266p or transitional school districts pursuant to section 10-263c or who are eligible for grants under section 10-276a or 10-263d for the fiscal years ending June 30, 2002, to June 30, 2004, inclusive shall receive grants that are at least equal to the grants they received for the prior fiscal year, (vi) towns not receiving funds under clause (iii) of this subparagraph shall receive a pro rata share of any remaining funds based on their grant determined under this subparagraph. (Q) For the fiscal year ending June 30, 2005, each town shall receive a grant equal to the grant it received for the prior fiscal year.

Sec. 24. Subdivision (9) of section 10-262f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(9) "Foundation" means (A) for the fiscal year ending June 30, 1990, three thousand nine hundred eighteen dollars, (B) for the fiscal year ending June 30, 1991, four thousand one hundred ninety-two dollars, (C) for the fiscal year ending June 30, 1992, four thousand four hundred eighty-six dollars, (D) for the fiscal years ending June 30, 1993, June 30, 1994, and June 30, 1995, four thousand eight hundred dollars, (E) for the fiscal years ending June 30, 1996, June 30, 1997, and June 30, 1998, five thousand seven hundred eleven dollars, (F) for the fiscal year ending June 30, 1999, five thousand seven hundred seventy-five dollars, and (G) for the fiscal years ending June 30, 2000, to June 30, [2003] 2005, inclusive, five thousand eight hundred ninety-one dollars.

Sec. 25. Subsection (d) of section 10-262j of the general statutes is amended by adding subdivisions (10) and (11) as follows (Effective from passage):

(NEW) (10) For the fiscal year ending June 30, 2004, the regular program expenditures of a town shall be no less than the sum of (A) its minimum expenditure requirement for the fiscal year ending June 30, 2003, (B) its aid increase pursuant to subsection (b) of this section, and (C) if the resident student count for October 2002, is less than the resident student count for October 2001, the result obtained by multiplying the difference between the town's resident student count for October 2002, using the data of record as of December 1, 2002, and the town's resident student count for October 2001, using the data of record as of December 1, 2001, by one-half of the foundation.

(NEW) (11) For the fiscal year ending June 30, 2005, the regular program expenditures of a town shall be no less than the sum of (A) its minimum expenditure requirement for the fiscal year ending June 30, 2004, (B) its aid increase pursuant to subsection (b) of this section, and (C) if the resident student count for October 2003, is less than the resident student count for October 2002, the result obtained by multiplying the difference between the town's resident student count for October 2003, using the data of record as of December 1, 2003, and the town's resident student count for October 2002, using the data of record as of December 1, 2002, by one-half of the foundation.

Sec. 26. (Effective from passage) For the fiscal year ending June 30, 2004, not less than one million dollars of the funds appropriated to the Department of Education for magnet schools in section 1 of public act 03-1 of the June 30 special session, shall, on or before September 1, 2003, be used to provide a supplemental grant to regional educational service centers operating full or part-time interdistrict magnet schools in such amounts as the Commissioner of Education determines.

Sec. 27. (Effective from passage) One million three hundred thousand dollars of the funds carried forward in section 42 of public act 03-1 of the June 30 special session shall be transferred to the Office of Policy and Management for Local Aid Adjustments for the fiscal year ending June 30, 2004. Said funds shall be disbursed as follows during the fiscal year ending June 30, 2004: (1) For Griswold in the amount of one hundred fifty thousand dollars, (2) for Milford in the amount of two hundred thousand dollars, (3) for Plainfield in the amount of two hundred thousand dollars, (4) for Plymouth in the amount of one hundred fifty thousand dollars, (5) for Southington in the amount of two hundred thousand dollars, (6) for Vernon in the amount of two hundred thousand dollars, and (7) for Wallingford in the amount of two hundred thousand dollars.

Sec. 28. (Effective from passage) For the fiscal year ending June 30, 2004, the distribution of priority school district grants pursuant to subsection (a) of section 10-266p of the general statutes, as amended by this act, shall be as follows: (1) For priority school districts in the amount of $ 20,057,500, (2) for school readiness in the amount of $ 37,576,500, (3) for early reading in the amount of $ 17,858,939, (4) for extended school building hours in the amount of $ 3,030,669, and (5) for summer school in the amount of $ 2,630,879.

Sec. 29. (Effective from passage) For the fiscal year ending June 30, 2005, the distribution of priority school district grants pursuant to subsection (a) of section 10-266p of the general statutes, as amended by this act, shall be as follows:  (1) For priority school districts in the amount of $ 20,336,250, (2) for school readiness in the amount of $ 37,576,500, (3) for early reading in the amount of $ 17,647,286, (4) for extended school building hours in the amount of $ 2,994,752, and (5) for summer school in the amount of $ 2,599,699.

Sec. 30. Subsection (k) of section 10-16p of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(k) Notwithstanding any provisions of this section, for the fiscal year ending June 30, 2003, the amount available for the competitive grant program shall be two million five hundred seventy-six thousand five hundred eighty dollars and the maximum administrative amount shall not be more than one hundred ninety-eight thousand one hundred ninety-nine dollars. Notwithstanding the provisions of this section, for the fiscal year ending June 30, 2004, the amount available for the competitive grant program shall be two million three hundred nine thousand two hundred forty-nine dollars and the maximum administrative amount shall not be more than one hundred ninety-eight thousand one hundred ninety-nine dollars. Notwithstanding the provisions of this section, for the fiscal year ending June 30, 2005, the amount available for the competitive grant program shall be two million three hundred eighteen thousand three hundred forty-nine dollars and the maximum administrative amount shall not be more than one hundred ninety-eight thousand one hundred ninety-nine dollars.

Sec. 31. Section 10-265f of the general statutes, as amended by section 47 of public act 03-76, is amended by adding subsection (h) as follows (Effective from passage):

(NEW) (h) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2004, and June 30, 2005, the amount available for the competitive grant program pursuant to this section shall be one million seven hundred eighty-eight thousand one dollars and the maximum administrative amount shall not be more than two hundred three thousand six hundred forty-six dollars.

Sec. 32. Subsection (d) of section 10-16p of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) (1) The Commissioner of Education, in consultation with the Commissioner of Social Services, shall establish a competitive grant program to provide spaces in accredited or approved school readiness programs for eligible children who reside in an area served by a priority school or a former priority school as provided for in subdivision (2) of this subsection. A town in which such a school is located or a regional school readiness council, pursuant to subsection (c) of section 10-16r, for a region in which such a school is located may apply for such a grant in an amount not to exceed one hundred thousand dollars per priority school. Eligibility shall be determined for a five-year period based on an applicant's designation as having a priority school for the initial year of application. Grant awards shall be made annually contingent upon available funding and a satisfactory annual evaluation. The chief elected official of such town and the superintendent of schools of the school district or the regional school readiness council shall submit a plan, as described in subsection (c) of this section, for the expenditure of such grant funds to the Department of Education. In awarding grants pursuant to this subsection, the commissioner shall give preference to applications submitted by regional school readiness councils and may, within available appropriations, provide a grant in excess of one hundred thousand dollars to towns with two or more priority schools in such district. A town or regional school readiness council awarded a grant pursuant to this subsection shall use the funds to purchase spaces for such children from providers of accredited or approved school readiness programs.

(2) (A) Commencing with the fiscal year ending June 30, 2004, if a town received a grant pursuant to subdivision (1) of this subsection for a priority school and is no longer eligible to receive such a grant for such school, the town may receive a phase-out grant for each of the three fiscal years following the fiscal year such town received its final grant for such school pursuant to subdivision (1) of this subsection. The amount of such phase-out grants shall be determined in accordance with subparagraph (B) of this subdivision.

(B) (i) For the first fiscal year following the fiscal year such town received its final priority school grant for such school pursuant to subdivision (1) of this subsection, in an amount that does not exceed seventy-five per cent of the grant amount such town received for such school for the school's final year of eligibility pursuant to subdivision (1) of this subsection. (ii) For the second fiscal year following the fiscal year such town received its final priority school grant for such school pursuant to subdivision (1) of this subsection, in an amount that does not exceed fifty per cent of the grant amount such town received for such school for the school's final year of eligibility pursuant to subdivision (1) of this subsection. (iii) For the third fiscal year following the fiscal year such town received its final priority school grant for such school pursuant to subdivision (1) of this subsection, in an amount that does not exceed twenty-five per cent of the grant amount such town received for such school for the school's final year of eligibility pursuant to subdivision (1) of this subsection.

Sec. 33. Subsection (f) of section 10-145d of the general statutes, as amended by section 3 of public act 03-168, is repealed and the following is substituted in lieu thereof: (Effective from passage):

(f) An endorsement to teach elementary education grades one to six, inclusive, shall be valid for grades kindergarten to six, inclusive, and an endorsement to teach comprehensive special education grades one to twelve, inclusive, shall be valid for grades kindergarten to twelve, inclusive.

Sec. 34. (Effective from passage) As used in sections 34 to 36, inclusive, of this act:

(1) "Commissioner" means the Commissioner of Economic and Community Development;

(2) "Connecticut Housing Finance Authority" means the authority created and operating pursuant to the provisions of chapter 134 of the general statutes;

(3) "Housing revitalization plan" means the master plan of development for the housing developments accepted by the housing authority of the city of New Britain on March 13, 2002, and approved by the commissioner pursuant to (d) of section 35 of this act;

(4) "Local planning committee" means the committee responsible for the creation of the housing revitalization plan;

(5) "Sponsor" means (A) a housing authority created pursuant to section 8-40 of the general statutes; (B) a nonprofit corporation incorporated pursuant to chapter 602 of the general statutes, having as one of its purposes the construction, rehabilitation, ownership or operation of housing; (C) any business corporation, incorporated pursuant to chapter 601 of the general statutes, having as one of its purposes the construction, rehabilitation, ownership or operation of housing; (D) any limited liability company, partnership, limited partnership, joint venture, sole proprietorship, trust or association having as one of its purposes the construction, rehabilitation, ownership or operation of housing; (E) a municipal developer; or (F) any combination of the entities in subparagraphs (A) to (E), inclusive, of this subdivision;

(6) "Housing developments" means the state-assisted housing developments in the city of New Britain known as Corbin Heights, Corbin Heights Extension, Pinnacle Heights and Pinnacle Heights Extension;

(7) "Project area" means the portion of the city of New Britain where the housing developments are located;

(8) "Housing authority" means the housing authority of the city of New Britain;

(9) "Area median income" means area median income as determined by Section 42(g) of the Federal Revenue Code and employed by the Connecticut Housing Finance Authority in the administration of the Low Income Housing Tax Credit Program;

(10) "Housing costs" means the portion of rent, mortgage principal and interest payments, estimated average heat and utilities costs, homeowner's insurance and taxes paid by the renter or homeowner;

(11) "Nonreplacement units" means housing units created within the project area other than replacement units;

(12) "Replacement units" means any housing units created pursuant to subdivisions (ii), (iii), (v) and (vi) of subsection (b) of section 35 of this act;

(13) "Successor entity" means a public body, including, but not limited to, the Connecticut Housing Finance Authority, which obtains title to, or control of, the developments from the state or the housing authority; and

(14) "Land use and disposition plan" means a plan for the use and disposition of part of the housing developments for nonhousing uses developed by the city of New Britain and the housing authority or a successor entity and approved by the commissioner.

Sec. 35. (Effective from passage) (a) Notwithstanding any provision of chapters 127c and 128 of the general statutes, the city of New Britain and the housing authority, or a successor entity, in cooperation with the commissioner and the Connecticut Housing Finance Authority, may revitalize the Corbin Heights, Corbin Heights Extension, Pinnacle Heights and Pinnacle Heights Extension housing developments only pursuant to the housing revitalization plan and in accordance with sections 34 to 36, inclusive, of this act.

(b) The city of New Britain shall assure that the number of replacement units of assisted housing for low and moderate income households, upon completion of the development under the housing revitalization plan, is consistent with the provisions of said plan. The replacement units may be in the form of new construction, rehabilitation, renovation or housing pursuant to Section 8 of the United States Housing Act of 1937, as from time to time amended, or state rental assistance program rent subsidies, or any other assisted housing program, provided no rent subsidy shall constitute a replacement unit unless it is a newly authorized voucher from Section 8 of the United States Housing Act of 1937, as from time to time amended, or certificate issued pursuant to section 17b-812 of the general statutes, in addition to the number of such vouchers or certificates authorized for the administering authority on the effective date of this section. Nothing in this subsection shall be construed to prohibit payments at the current market rate when vouchers issued pursuant to Section 8 of the United States Housing Act of 1937, as from time to time amended, are utilized, provided housing costs paid by the occupants of replacement units do not exceed the amounts provided for in this section. In addition to replacement units, nonreplacement units may also be created within the project area. No rehabilitated or renovated unit outside of the project area shall constitute a replacement unit pursuant to this subsection, unless it has been vacant for at least one year prior to such rehabilitation or renovation. Unit replacement requirements shall be completed within the time frame established in the revitalization plan and shall include all qualifying units constructed from the inception of the local planning committee. The selection of a sponsor by the housing authority or a successor entity, in consultation with the city of New Britain, the commissioner and the Connecticut Housing Finance Authority, to carry out all or a portion of the provisions of section 36 of this act shall be made on a competitive basis. Any such proposal submitted for competitive review shall include a resident involvement plan indicating (1) the extent to which residents will be involved in the planning process for the construction, lease or sale of the replacement units, and (2) the mechanism for allowing residents to comment on the implementation of the plan. In selecting a sponsor, the housing authority or successor entity may consider (A) the role of residents in the development and implementation of the proposal, and (B) the sponsor's support for such involvement. Upon completion of the development area under the housing revitalization plan:

(i) Not less than two hundred seventy nor more than five hundred fifty total units shall be within the existing project area. Such units shall be rehabilitated or constructed over a period of five years from the commencement of the development under the housing revitalization plan;

(ii) Not less than twenty-five per cent of the units within the existing state-assisted development shall be rented or sold to persons whose incomes are below sixty per cent of the median area income adjusted for family size;

(iii) In addition to the units provided in subdivision (2) of this subsection, not less than fifteen per cent of the units within the existing state-assisted development shall be rented or sold to persons whose incomes are less than twenty-five per cent of area median income. Such persons may receive certificates from the program established pursuant to Section 8 of the United States Housing Act of 1937, as from time to time amended;

(iv) A number of replacement units may be located outside the existing state-assisted development, which number shall not be less than the difference between six hundred thirty-five and the number of replacement units to be within the existing state-assisted development;

(v) Fifty per cent of the replacement units located outside the existing state-assisted development shall be rented or sold to persons whose incomes are less than sixty per cent of area median income. The housing revitalization plan shall provide that the city of New Britain require that no fewer than ten replacement units be constructed for occupancy for persons meeting the income requirements of this section every year that the housing revitalization plan is in force and each year thereafter until the requirements of this section are fulfilled; and

(vi) In addition to the replacement units provided in subdivision (v) of this subsection, not less than fifty per cent of the replacement units located outside the existing state-assisted development shall be rented or sold to persons whose incomes are at or below twenty-five per cent of the area median income. The housing revitalization plan shall provide that the city of New Britain require that no fewer than ten replacement units be constructed for occupancy for persons meeting the income requirements of this section every year that the housing revitalization plan is in force and each year thereafter until the requirements of this section are fulfilled.

(c) The housing authority or a successor entity shall hold a public hearing on the housing revitalization plan prior to its submission to the commissioner. At least thirty days prior to the public hearing, the housing authority or a successor entity shall provide a written notice to each household in the development of the date, time and place of the public hearing. Such notice shall inform each household that the housing revitalization plan is on file and available for inspection at said housing authority's office. The housing authority or successor entity shall, at the time it submits the housing revitalization plan for approval by the commissioner, submit a description of: (1) The role of residents of the housing developments in the planning process, and (2) the mechanism that will be available to facilitate resident comments concerning the implementation of the plan.

(d) The commissioner may approve the plan upon an express finding that: (1) The implementation of the plan is in the best interest of the state, the community and the residents of the development; (2) adequate provision has been made for the current residents of the development, including relocation assistance; (3) there is sufficient, affordable, housing in the community to accommodate residents displaced by the redevelopment; (4) residents have been involved in the planning process; (5) a mechanism will be available to facilitate resident comments concerning the implementation of the plan; and (6) the plan has been approved by the chief elected official of the municipality. Such plan shall be implemented only if sufficient funds are secured to complete one or more phases of the project and an agreement to assure compliance with subdivisions (5) and (6) of subsection (b) of this section has been made, provided any requests for proposals for a sponsor may be made prior to funds being secured. If the project is to be implemented in phases, each phase involving demolition shall include related reconstruction and no demolition shall be implemented unless sufficient funds are secured to complete reconstruction of the phase. The approval of a revitalization plan by the commissioner shall not constitute a commitment or obligation to provide funds by the state or the Connecticut Housing Finance Authority. The commissioner may provide funds, for the purpose of this section, from bond funds authorized prior to the effective date of this section, but not yet allocated, provided such funds shall be used solely for capital costs.

Sec. 36. (Effective from passage) (a) In compliance with the provisions of sections 34 to 36, inclusive, of this act, the housing authority or a successor entity may, pursuant to the approved housing revitalization plan, and, with the approval of the commissioner and the Connecticut Housing Finance Authority: (1) Sell, lease or transfer, or take any combination of such actions, to a selected sponsor, all or part of the premises and buildings comprising the Corbin Heights, Corbin Heights Extension, Pinnacle Heights and Pinnacle Heights Extension housing developments, for a housing use, or (2) sell, lease or transfer, or take any combination of such actions with regard to a portion of the premises and buildings comprising said housing developments, "as is" to the city of New Britain or a developer designated by the city, for such alternative nonhousing uses as may be appropriate pursuant to an approved land use and disposition plan. As consideration for any such sale, lease or transfer, or combination of such actions the commissioner may cancel the outstanding principal, interest and late charges, owed by the housing authority to the state with respect to said housing developments and due and payable on or before June 30, 2003. The Connecticut Housing Finance Authority may likewise cancel the outstanding notes and mortgages, including principal, interest and late charges, owed by the housing authority to such authority with respect to said housing developments and due and payable on or after July 1, 2003. The Connecticut Housing Finance Authority may also extend, renegotiate or modify, in whole or in part, the outstanding notes and mortgages and grants which are owed or provided to said housing authority with respect to said housing developments and assign or transfer such notes, mortgages and grants, in whole or in part, to another sponsor, if such action by such authority will assist in the revitalization of housing on all or part of said housing developments. Any proceeds from the sale, lease, transfer or other disposition of all or part of a housing development for a nonhousing use under this subdivision shall be used solely for the capital cost of the revitalization or redevelopment of the housing planned at said development and shall be deemed to be part of the state's contribution to the implementation of the housing revitalization plan.

(b) The housing authority may, if agreed to by the sponsor and the housing authority, provide such functions as maintenance, tenant selection, billing, payroll and other related services. When the housing authority enters into such an agreement with a sponsor, such services shall be provided by employees of the housing authority.

(c) Eligible residents of the development shall have priority over other families for the purchase or rental of available housing units. If the number of eligible residents desiring to purchase or rent a housing unit is greater than the number of housing units available, the housing authority or a successor entity may devise an equitable system, by lottery or otherwise, for determining which eligible residents shall be permitted to purchase or rent. For purposes of this section, "eligible resident" means a family residing in a housing development on or after January 1, 2002.

(d) The sale or rental of housing units under subsection (c) of this section and subsection (b) of section 35 of this act to families of low and moderate income shall be subject to deed restrictions approved by the commissioner which shall require that, for thirty years:

(1) At the time of any subsequent purchase or rental of any such housing units by new owners or tenant families, the city of New Britain shall insure that the owners or renters are of low and moderate income; and

(2) The resale price of each housing unit shall be limited to its original purchase price, adjusted for inflation and improvements to the housing unit, as determined by the assessor of the city of New Britain.

(e) The housing authority or a successor entity and the sponsor, with assistance from the Departments of Economic and Community Development and Social Services and the Connecticut Housing Finance Authority, shall reasonably assist eligible residents to meet all qualifying conditions for the purchase or rental of housing units under subsection (c) of this section, including, but not limited to:

(1) Linking eligible residents to public or private mortgage and down payment assistance programs;

(2) Providing eligible residents with or linking eligible residents to state or federal rental assistance;

(3) Adjusting interest rates and minimum payment requirements in programs operated by such entities so as to make installment payments affordable to eligible residents who wish to rent or purchase; and

(4) Engaging in other reasonable actions to make it possible for eligible residents to purchase or rent such housing units.

(f) Notwithstanding the provisions of chapters 59 and 60 of the general statutes, the commissioner and the Connecticut Housing Finance Authority may, from the proceeds of any sale, lease or transfer, or any combination of such actions, under subsection (a) of this section, within available appropriations, do all things necessary to carry out the provisions of this section, including, but not limited to:

(1) Securing federal funds or program participation;

(2) Acting as an eligible developer, as defined in section 8-39 of the general statutes, if necessary, in the event of a default.

(g) In the event that a successor entity, as defined in section 34 of this act, obtains title to, or control of, the developments it shall possess all of the rights, powers and responsibilities of the housing authority under the provisions of this act.

Sec. 37. Deleted.

Sec. 38. (Effective from passage) (a) As used in this section:

(1) "Commissioner" means the Commissioner of Economic and Community Development.

(2) "Connecticut Housing Finance Authority" means the authority created and operating pursuant to the provisions of chapter 134 of the general statutes.

(3) "Sponsor" means an entity that is an eligible developer under any state-assisted housing program and may include an entity whose participation is financial and which is not otherwise involved in housing.

(4) "Development" means the Vidal Court development in the city of Stamford, a two-hundred-sixteen unit state-assisted housing development originally built prior to 1970 and developed by a local housing authority pursuant to part II or VI of chapter 128 of the general statutes.

(5) "Housing revitalization plan" means a plan prepared by a sponsor, pursuant to this act and the memoranda of understanding, describing the proposed revitalization of the Vidal Court development.

(6) "Memoranda of understanding" means the memoranda of understanding dated April 16, 2002, and December 10, 2002, between the Stamford Housing Authority and the Vidal Court Tenants Association regarding the revitalization of the development.

(b) Notwithstanding any provision of chapters 127c and 128 of the general statutes, a sponsor in which the Stamford Housing Authority is a participant or partner may undertake the revitalization of Vidal Court, a state-assisted moderate rental development, as a mixed-income development, pursuant to the provisions of this section and section 8-250 of the general statutes, as amended by this act, and an approved housing revitalization plan.

(c) The commissioner may provide funds, for the purpose of this section, from bond funds authorized prior to the effective date of this section, but not yet allocated, provided such funds shall be used solely for architectural, design and engineering work; site acquisition, demolition; construction, rehabilitation and reconfiguration costs, including site preparation; furniture, fixtures and equipment; and reasonable relocation expenses of displaced residents pursuant to the Uniform Relocation Act; and

(d) The commissioner may approve a housing revitalization plan for Vidal Court, upon a finding that the plan is in the interest of the state and the community and it complies with all provisions this act, local ordinances and any general statutes applicable to the demolition of, resident consultation and participation within, and anti-displacement and relocation of displaced persons within Vidal Court. The housing revitalization plan for Vidal Court shall include the following:

(1) An identification of the sponsor and its participating entities;

(2) A description of all financing, public and private, necessary for implementation of the plan;

(3) A description of the proposed housing, including the proposed minimum number of below-market rate housing units, and the maximum housing costs and income limits for such units;

(4) An analysis of the anticipated market for the market-rate and below-market rate units in the revitalized development;

(5) Cost estimates for the revitalization;

(6) The proposed displacement and relocation of current residents, including responsibility for the costs for such relocation;

(7) A demonstration that the revitalized development will be operated in a profitable manner;

(8) A statement of guaranteed affordability provisions governing the below-market rate units;

(9) Evidence of support for the revitalization from the resident population and the local community, along with a plan for ensuring ongoing resident and community consultation; and

(10) Any other information that the commissioner deems necessary.

(e) Prior to submission of the housing revitalization plan to the commissioner for approval, the Stamford housing authority and the Vidal Court tenant association shall hold an open meeting on the final proposed housing revitalization plan. At least thirty days prior to such meeting, the Stamford Housing Authority shall provide a written notice of the meeting to each household within Vidal Court, stating that the proposed housing revitalization plan is on file and available for inspection at the office of the Stamford Housing Authority and that a copy of the plan will be provided upon request. At such open meeting, the Stamford housing authority shall receive all oral or written comments, and when submitting the plan to the commissioner for approval shall summarize all comments and identify any changes made to the plan in response to such comments.

(f) The commissioner may cancel the outstanding principal, interest and late charges, owed by the housing authority to the state with respect to the Vidal Court development and due and payable on or before June 30, 2003. The Connecticut Housing Finance Authority may likewise cancel the outstanding notes and mortgages, including principal, interest and late charges, owed by the housing authority to the authority with respect to the development and due and payable on or after July 1, 2003. The Connecticut Housing Finance Authority may, subject to such terms, conditions, agreements or consideration as it determines, revise, extend or cancel outstanding notes and owed by the housing authority with respect to the Vidal Court development.

(g) The housing authority shall assure that the number of units of housing for low and moderate income households, upon completion of the revitalization, shall be not less than two hundred sixteen units, thus providing a ratio of one replacement unit for every one unit to be demolished.

(h) The housing revitalization plan for Vidal Court shall not be approved by the commissioner without evidence that the sponsor has permitted and will permit the tenants of Vidal Court to fully participate in the planning, review and implementation process in accordance with the memoranda of understanding.

Sec. 39. Section 8-250 of the general statutes is amended by adding subdivision (44) as follows (Effective from passage):

(NEW) (44) Provide assistance, in such form and subject to such conditions as the authority may determine, to a local housing authority or project sponsor in connection with a housing revitalization project undertaken pursuant to this section.

Sec. 40. Subdivision (55) of section 12-81 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to assessment years commencing on or after October 1, 2002):

(55) [Property] For assessment years commencing prior to October 1, 2003, and for assessment years commencing on or after October 1, 2004, property to the amount of one thousand dollars belonging to, or held in trust for, any resident of this state who (1) is eligible, in accordance with applicable federal regulations, to receive permanent total disability benefits under Social Security, (2) has not been engaged in employment covered by Social Security and accordingly has not qualified for benefits thereunder but who has become qualified for permanent total disability benefits under any federal, state or local government retirement or disability plan, including the Railroad Retirement Act and any government-related teacher's retirement plan, determined by the Secretary of the Office of Policy and Management to contain requirements in respect to qualification for such permanent total disability benefits which are comparable to such requirements under Social Security, or (3) has attained age sixty-five or over and would be eligible in accordance with applicable federal regulations to receive permanent total disability benefits under Social Security or any such federal, state or local government retirement or disability plan as described in subparagraph (2) of this subdivision, except that such resident has attained age sixty-five or over and accordingly is no longer eligible to receive benefits under the disability benefit provisions of Social Security or such other plan because of payments received under retirement provisions thereof; or, lacking said amount of property in his own name, so much of the property belonging to, or held in trust for, his spouse, who is domiciled with him, as is necessary to equal said amount.

Sec. 41. Section 12-94a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to assessment years commencing on or after October 1, 2002):

On or before July first, annually, the tax collector of each municipality shall certify to the Secretary of the Office of Policy and Management, on a form furnished by said secretary, the amount of tax revenue which such municipality, except for the provisions of subdivision (55) of section 12-81, as amended by this act, would have received, together with such supporting information as said secretary may require. Any municipality which neglects to transmit to said secretary such claim and supporting documentation as required by this section shall forfeit two hundred fifty dollars to the state, provided said secretary may waive such forfeiture in accordance with procedures and standards adopted by regulation in accordance with chapter 54. Said secretary shall review each such claim as provided in section 12-120b. Any claimant aggrieved by the results of the secretary's review shall have the rights of appeal as set forth in section 12-120b. The secretary shall, on or before December first, annually, certify to the Comptroller the amount due each municipality under the provisions of this section, including any modification of such claim made prior to December first, and the Comptroller shall draw an order on the Treasurer on or before the fifteenth day of December following and the Treasurer shall pay the amount thereof to such municipality on or before the thirty-first day of December following. If any modification is made as the result of the provisions of this section on or after the December first following the date on which the tax collector has provided the amount of tax revenue in question, any adjustments to the amount due to any municipality for the period for which such modification was made shall be made in the next payment the Treasurer shall make to such municipality pursuant to this section. For the purposes of this section, "municipality" means a town, city, borough, consolidated town and city or consolidated town and borough. The provisions of this section shall not apply to the assessment years commencing on October 1, 2002, and October 1, 2003.

Sec. 42. (Effective from passage and applicable to assessment years commencing on or after October 1, 2002) Notwithstanding the provisions of section 12-146 of the general statutes, a municipality shall not charge or collect interest for a period of one year on any property tax or any installment or part thereof that is payable by any resident of the state who is a member of the armed forces of the United States or of any state or of any reserve component thereof who has been called to active service in the armed forces of the United States for military operations that are authorized by the President of the United States that entail military action against Iraq and who is serving in the Middle East on the final day that payment of such property tax or installment or part thereof is due.

Sec. 43. (Effective from passage) The State Treasurer and the Secretary of the Office of Policy and Management shall jointly develop a financing plan that would result in net proceeds of up to three hundred million dollars to be used as general revenues for the state during the fiscal year commencing July 1, 2004. Such plan may include, but not be limited to, consideration of securitization of future revenue sources, including proceeds from the Master Settlement Agreement, as defined in subdivision (5) of section 4-28h of the general statutes, the issuance of notes, bonds or other instruments of debt in the public markets or through private placement of such debt instruments, or the purchase of notes, bonds or other instruments of debt by the Connecticut Retirement Plans and Trust Funds. Such plan shall be completed on or before February 4, 2004.

Sec. 44. Subdivisions (1) and (2) of section 16-245e of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(1) "Rate reduction bonds" means bonds, notes, certificates of participation or beneficial interest, or other evidences of indebtedness or ownership, issued pursuant to an executed indenture or other agreement of a financing entity, in accordance with this section and sections 16-245f to 16-245k, inclusive, as amended by this act, the proceeds of which are used, directly or indirectly, to provide, recover, finance, or refinance stranded costs or to sustain funding of conservation and load management and renewable energy investment programs by substituting for disbursements to the General Fund from the Energy Conservation and Load Management Fund established by section 16-245m, as amended by this act, and from the Renewable Energy Investment Fund established by section 16-245n, as amended by this act, and which, directly or indirectly, are secured by, evidence ownership interests in, or are payable from, transition property;

(2) "Competitive transition assessment" means those non-bypassable rates and other charges, that are authorized by the department (A) in a financing order to sustain funding of conservation and load management and renewable energy investment programs by substituting disbursements to the General Fund from proceeds of rate reduction bonds for such disbursements from the Energy Conservation and Load Management Fund established by section 16-245m, as amended by this act, and from the Renewable Energy Investment Fund established by section 16-245n, as amended by this act, or to recover those stranded costs that are eligible to be funded with the proceeds of rate reduction bonds pursuant to section 16-245f, as amended by this act, and the costs of providing, recovering, financing, or refinancing such substitution of disbursements to the General Fund or such stranded costs through a plan approved by the department in the financing order, including the costs of issuing, servicing, and retiring rate reduction bonds, (B) to recover those stranded costs determined under this section but not eligible to be funded with the proceeds of rate reduction bonds pursuant to section 16-245f, as amended by this act, or (C) to recover costs determined under subdivision (1) of subsection (e) of section 16-244g. If requested by the electric company or electric distribution company, the department shall include in the competitive transition assessment non-bypassable rates and other charges to recover federal and state taxes whose recovery period is modified by the transactions contemplated in this section and sections 16-245f to 16-245k, inclusive, as amended by this act.

Sec. 45. Subdivision (13) of subsection (a) of section 16-245e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(13) "Transition property" means the property right created pursuant to this section and sections 16-245f to 16-245k, inclusive, as amended by this act, in respect of disbursements to the General Fund to sustain funding of conservation and load management and renewable energy investment programs or those stranded costs that are eligible to be funded with the proceeds of rate reduction bonds pursuant to section 16-245f, as amended by this act, including, without limitation, the right, title, and interest of an electric company or electric distribution company or its transferee (A) in and to the rates and charges established pursuant to a financing order, as adjusted from time to time in accordance with subdivision (2) of subsection (b) of section 16-245i, as amended by this act, and the financing order, (B) to be paid the amount that is determined in a financing order to be the amount that the electric company or electric distribution company or its transferee is lawfully entitled to receive pursuant to the provisions of this section and sections 16-245f to 16-245k, inclusive, as amended by this act, and the proceeds thereof, and in and to all revenues, collections, claims, payments, money, or proceeds of or arising from the rates and charges or constituting the competitive transition assessment that is the subject of a financing order including those non-bypassable rates and other charges referred to in subdivision (2) of this subsection, and (C) in and to all rights to obtain adjustments to the rates and charges pursuant to the terms of subdivision (2) of subsection (b) of section 16-245i, as amended by this act, and the financing order. "Transition property" shall constitute a current property right notwithstanding the fact that the value of the property right will depend on consumers using electricity or, in those instances where consumers are customers of a particular electric company or electric distribution company, the electric company or electric distribution company performing certain services.

Sec. 46. Section 16-245f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

An electric company or electric distribution company may submit to the department an application for a financing order with respect to any proposal to sustain funding of conservation and load management and renewable energy investment programs by substituting disbursements to the General Fund from proceeds of rate reduction bonds for such disbursements from the Energy Conservation and Load Management Fund established by section 16-245m, as amended by this act, and from the Renewable Energy Investment Fund established by section 16-245n, as amended by this act, and with respect to the following stranded costs: (1) The cost of mitigation efforts, as calculated pursuant to subsection (c) of section 16-245e; (2) generation-related regulatory assets, as calculated pursuant to subsection (e) of section 16-245e, as amended by this act; and (3) those long-term contract costs that have been reduced to a fixed present value through the buyout, buydown, or renegotiation of such contracts, as calculated pursuant to subsection (f) of section 16-245e. No stranded costs shall be funded with the proceeds of rate reduction bonds unless (A) the electric company or electric distribution company proves to the satisfaction of the department that the savings attributable to such funding will be directly passed on to customers through lower rates, and (B) the department determines such funding will not result in giving the electric distribution company or any generation entities or affiliates an unfair competitive advantage. The department shall hold a hearing for each such electric distribution company to determine the amount of disbursements to the General Fund from proceeds of rate reduction bonds that may be substituted for such disbursements from the Energy Conservation and Load Management Fund established by section 16-245m, as amended by this act, and from the Renewable Energy Investment Fund established by section 16-245n, as amended by this act, and thereby constitute transition property and the portion of stranded costs that may be included in such funding and thereby constitute transition property. Any hearing shall be conducted as a contested case in accordance with chapter 54, except that any hearing with respect to a financing order or other order to sustain funding for conservation and load management and renewable energy investment programs by substituting the disbursement to the General Fund from the Energy Conservation and Load Management Fund established by section 16-245m, as amended by this act, and from the Renewable Energy Investment Fund established by section 16-245n, as amended by this act, shall not be a contested case, as defined in section 4-166. The department shall not include any rate reduction bonds as debt of an electric distribution company in determining the capital structure of the company in a rate-making proceeding, for calculating the company's return on equity or in any manner that would impact the electric distribution company for rate-making purposes, and shall not approve such rate reduction bonds that include covenants that have provisions prohibiting any change to their appointment of an administrator of the Conservation and Load Management Fund or the authorization of continuation of disbursements pursuant to section 20 of public act 03-2. Nothing in this subsection shall be deemed to affect the terms of subsection (b) of section 16-245m, as amended by this act.

Sec. 47. Subsections (a) and (b) of section 16-245i of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The department may issue financing orders in accordance with sections 16-245e to 16-245k, inclusive, as amended by this act, to sustain funding of conservation and load management and renewable energy investment programs by substituting disbursements to the General Fund from proceeds of rate reduction bonds for such disbursements from the Energy Conservation and Load Management Fund established by section 16-245m, as amended by this act, and from the Renewable Energy Investment Fund established by section 16-245n, as amended by this act, and to facilitate the provision, recovery, financing, or refinancing of stranded costs. A financing order may be adopted only upon the application of an electric company or electric distribution company, pursuant to section 16-245f, as amended by this act, and shall become effective in accordance with its terms only after the electric company or electric distribution company files with the department the electric company's or the electric distribution company's written consent to all terms and conditions of the financing order.

(b) (1) Notwithstanding any general or special law, rule, or regulation to the contrary, except as otherwise provided in this subsection with respect to transition property that has been made the basis for the issuance of rate reduction bonds, the financing orders and the competitive transition assessment shall be irrevocable and the department shall not have authority either by rescinding, altering, or amending the financing order or otherwise, to revalue or revise for rate-making purposes the stranded costs, or the costs of providing, recovering, financing, or refinancing the stranded costs, or the amount of disbursements to the General Fund from proceeds of rate reduction bonds substituted for such disbursements from the Energy Conservation and Load Management Fund established by section 16-245m, as amended by this act, and from the Renewable Energy Investment Fund established by section 16-245n, as amended by this act, determine that the competitive transition assessment is unjust or unreasonable, or in any way reduce or impair the value of transition property either directly or indirectly by taking the competitive transition assessment into account when setting other rates for the electric company or electric distribution company; nor shall the amount of revenues arising with respect thereto be subject to reduction, impairment, postponement, or termination.

(2) Notwithstanding any other provision of this section, the department shall approve the adjustments to the competitive transition assessment as may be necessary to ensure timely recovery of all stranded costs that are the subject of the pertinent financing order, and the costs of capital associated with the provision, recovery, financing, or refinancing thereof, including the costs of issuing, servicing, and retiring the rate reduction bonds issued to recover stranded costs contemplated by the financing order and to ensure timely recovery of the costs of issuing, servicing, and retiring the rate reduction bonds issued to sustain funding of conservation and load management and renewable energy investment programs contemplated by the financing order.

(3) Notwithstanding any general or special law, rule, or regulation to the contrary, any requirement under sections 16-245e to 16-245k, inclusive, as amended by this act, or a financing order that the department take action with respect to the subject matter of a financing order shall be binding upon the department, as it may be constituted from time to time, and any successor agency exercising functions similar to the department and the department shall have no authority to rescind, alter, or amend that requirement in a financing order. Section 16-43 shall not apply to any sale, assignment, or other transfer of or grant of a security interest in any transition property or the issuance of rate reduction bonds under sections 16-245e to 16-245k, inclusive, as amended by this act.

Sec. 48. Subdivision (4) of subsection (c) of section 16-245j of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(4) The proceeds of any rate reduction bonds shall be used for the purposes approved by the department in the financing order, including, but not limited to, disbursements to the General Fund in substitution for such disbursements from the Energy Conservation and Load Management Fund established by section 16-245m, as amended by this act, and from the Renewable Energy Investment Fund established by section 16-245n, as amended by this act, the costs of refinancing or retiring of debt of the electric company or electric distribution company, and associated federal and state tax liabilities; provided such proceeds shall not be applied to purchase generation assets or to purchase or redeem stock or to pay dividends to shareholders or operating expenses other than taxes resulting from the receipt of such proceeds.

Sec. 49. Subsection (a) of section 16-245m of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) On and after January 1, 2000, the Department of Public Utility Control shall assess or cause to be assessed a charge of three mills per kilowatt hour of electricity sold to each end use customer of an electric distribution company to be used to implement the program as provided in this section for conservation and load management programs but not for the amortization of costs incurred prior to July 1, 1997, for such conservation and load management programs. Notwithstanding the provisions of this section, receipts from such charge shall be disbursed to the resources of the General Fund during the period from July 1, 2003, to June 30, 2005, unless the department shall, on or before October 30, 2003, issue a financing order for each affected distribution company in accordance with sections 16-245e to 16-245k, inclusive, as amended by this act, to sustain funding of conservation and load management programs by substituting an equivalent amount, as determined by the department in such financing order, of proceeds of rate reduction bonds for disbursement to the resources of the General Fund during the period from July 1, 2003, to June 30, 2005. The department may authorize in such financing order the issuance of rate reduction bonds that substitute for disbursement to the General Fund for receipts of both the charge under this subsection and under subsection (b) of section 16-245n, as amended by this act, and also may, in its discretion, authorize the issuance of rate reduction bonds under this subsection and subsection (b) of section 16-245n, as amended by this act, that relate to more than one electric distribution company. The department shall, in such financing order or other appropriate order, offset any increase in the competitive transition assessment necessary to pay principal, premium, if any, interest and expenses of the issuance of such rate reduction bonds by making an equivalent reduction to the charge imposed under this subsection, provided any failure to offset all or any portion of such increase in the competitive transition assessment shall not affect the need to implement the full amount of such increase as required by this subsection and by sections 16-245e to 16-245k, as amended by this act. Such financing order shall also provide if the rate reduction bonds are not issued, any unrecovered funds expended and committed by the electric distribution companies for conservation and load management programs, provided such expenditures were approved by the department after the effective date of this section and prior to the date of determination that the rate reduction bonds cannot be issued, shall be recovered by the companies from their respective competitive transition assessment or systems benefits charge but such expenditures shall not exceed four million dollars per month. All receipts from the remaining charge imposed under this subsection, after reduction of such charge to offset the increase in the competitive transition assessment as provided in this subsection, shall be disbursed to the Energy Conservation and Load Management Fund commencing as of July 1, 2003. Any increase in the competitive transition assessment or decrease in the conservation and load management component of an electric distribution company's rates resulting from the issuance of or obligations under rate reduction bonds shall be included as rate adjustments on customer bills.

Sec. 50. Subsection (b) of section 16-245n of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) On and after January 1, 2000, the Department of Public Utility Control shall assess or cause to be assessed a charge of not less than one-half of one mill per kilowatt hour charged to each end use customer of electric services in this state which shall be deposited into the Renewable Energy Investment Fund established under subsection [(b)] (c) of this section. On and after July 1, 2002, such charge shall be three-quarters of one mill and on and after July 1, 2004, such charge shall be one mill. Notwithstanding the provisions of this section, receipts from such charges shall be disbursed to the resources of the General Fund during the period from July 1, 2003, to June 30, 2005, unless the department shall, on or before October 30, 2003, issue a financing order for each affected distribution company in accordance with sections 16-245e to 16-245k, inclusive, as amended by this act, to sustain funding of renewable energy investment programs by substituting an equivalent amount, as determined by the department in such financing order, of proceeds of rate reduction bonds for disbursement to the resources of the General Fund during the period from July 1, 2003, to June 30, 2005. The department may authorize in such financing order the issuance of rate reduction bonds that substitute for disbursement to the General Fund for receipts of both charges under this subsection and subsection (a) of section 16-245m, as amended by this act, and also may in its discretion authorize the issuance of rate reduction bonds under this subsection and subsection (a) of section 16-245m that relate to more than one electric distribution company. The department shall, in such financing order or other appropriate order, offset any increase in the competitive transition assessment necessary to pay principal, premium, if any, interest and expenses of the issuance of such rate reduction bonds by making an equivalent reduction to the charges imposed under this subsection, provided any failure to offset all or any portion of such increase in the competitive transition assessment shall not affect the need to implement the full amount of such increase as required by this subsection and sections 16-245e to 16-245k, inclusive, as amended by this act. Such financing order shall also provide if the rate reduction bonds are not issued, any unrecovered funds expended and committed by the electric distribution companies for renewable resource investment through deposits into the Renewable Energy Investment Fund, provided such expenditures were approved by the department following the effective date of this section and prior to the date of determination that the rate reduction bonds cannot be issued, shall be recovered by the companies from their respective competitive transition assessment or systems benefits charge except that such expenditures shall not exceed one million dollars per month. All receipts from the remaining charges imposed under this subsection, after reduction of such charges to offset the increase in the competitive transition assessment as provided in this subsection, shall be disbursed to the Renewable Energy Investment Fund commencing as of July 1, 2003. Any increase in the competitive transition assessment or decrease in the renewable energy investment component of an electric distribution company's rates resulting from the issuance of or obligations under rate reduction bonds shall be included as rate adjustments on customer bills.

Sec. 51. (NEW) (Effective from passage) (a) As used in this section:

(1) "Commissioner" means the Commissioner of Economic and Community Development;

(2) "Connecticut Housing Finance Authority" means the authority created and operating pursuant to the provisions of chapter 134 of the general statutes;

(3) "Financially distressed development" means a housing development owned by a housing authority and subject to an asset transferred from the Department of Economic and Community Development to the Connecticut Housing Finance Authority pursuant to subsection (a) of this section; and

(4) "Housing authority" means a local housing authority owning a financially distressed development.

(b) Notwithstanding any provision of the general statutes, a housing authority may, with the approval of the Commissioner of Economic and Community Development, quit claim or otherwise transfer its interest in a financially distressed development to the Connecticut Housing Finance Authority. The commissioner may grant such approval upon an express finding that: (1) The housing authority is financially unable to maintain the development; (2) there is no reasonable prospect that the housing authority will be able to maintain the property in the future; (3) the housing authority has requested to transfer the development; and (4) the Connecticut Housing Finance Authority is prepared to accept the transfer.

Sec. 52. Subdivision (4) of subsection (a) of section 8-37pp of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(4) "Eligible applicant" means: (A) A nonprofit entity; (B) a municipality; (C) a housing authority; (D) a business corporation incorporated pursuant to chapter 601 or any predecessor statutes thereto or authorized to do business pursuant to said chapter 601 having as one of its purposes the construction, financing, acquisition, rehabilitation or operation of affordable housing, and having a certificate or articles of incorporation approved by the commissioner; (E) any partnership, limited partnership, limited liability company, joint venture, sole proprietorship, trust or association having as one of its purposes the construction, financing, acquisition, rehabilitation or operation of affordable housing, and having basic documents of organization approved by the commissioner; or (F) any combination thereof.

Sec. 53. Subparagraph (A) of subdivision (72) of section 12-81 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to assessment years commencing on or after October 1, 2002):

(72) (A) [New] Effective for assessment years commencing on or after October 1, 2002, new machinery and equipment, as defined [herein] in this subdivision, acquired after October 1, 1990, and newly-acquired machinery and equipment, as defined [herein] in this subdivision, acquired on or after July 1, 1992, by the person claiming exemption under this subdivision, provided this exemption shall only be applicable in the five full assessment years following the assessment year in which such machinery or equipment is acquired, subject to the provisions of subparagraph (B) of this subdivision. Machinery and equipment acquired on or after July 1, 1996, and used in connection with biotechnology shall qualify for the exemption under this subsection. For the purposes of this subdivision: (i) "Machinery" and "equipment" mean tangible personal property which is installed in a manufacturing facility, either five-year property or seven-year property, as those terms are defined in Section 168(e) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, and the predominant use of which is for manufacturing, processing or fabricating; for research and development, including experimental or laboratory research and development, design or engineering directly related to manufacturing; for the significant servicing, overhauling or rebuilding of machinery and equipment for industrial use or the significant overhauling or rebuilding of other products on a factory basis; for measuring or testing or for metal finishing; or used in the production of motion pictures, video and sound recordings. "Machinery" means the basic machine itself, including all of its component parts and contrivances such as belts, pulleys, shafts, moving parts, operating structures and all equipment or devices used or required to control, regulate or operate the machinery, including, without limitation, computers and data processing equipment, together with all replacement and repair parts therefor, whether purchased separately or in conjunction with a complete machine, and regardless of whether the machine or component parts thereof are assembled by the taxpayer or another party. "Equipment" means any device separate from machinery but essential to a manufacturing , processing or fabricating process. (ii) "Manufacturing facility" means that portion of a plant, building or other real property improvement used for manufacturing, processing or fabricating, for research and development, including experimental or laboratory research and development, design or engineering directly related to manufacturing, for the significant servicing, overhauling or rebuilding of machinery and equipment for industrial use or the significant overhauling or rebuilding of other products on a factory basis, for measuring or testing or for metal finishing. (iii) "Manufacturing" means the activity of converting or conditioning tangible personal property by changing the form, composition, quality or character of the property for ultimate sale at retail or use in the manufacturing of a product to be ultimately sold at retail. Changing the quality of property shall include any substantial overhaul of the property that results in a significantly greater service life than such property would have had in the absence of such overhaul or with significantly greater functionality within the original service life of the property, beyond merely restoring the original functionality for the balance of the original service life. (iv) "Fabricating" means to make, build, create, produce or assemble components or tangible personal property work in a new or different manner, but does not include the presorting, sorting, coding, folding, stuffing or delivery of direct or indirect mail distribution services. (v) "Processing" means the physical application of the materials and labor in a manufacturing process necessary to modify or change the characteristics of tangible personal property. (vi) "Measuring or testing" includes both nondestructive and destructive measuring or testing, and the alignment and calibration of machinery, equipment and tools, in the furtherance of the manufacturing, processing or fabricating of tangible personal property. (vii) "Biotechnology" means the application of technologies, including recombinant DNA techniques, biochemistry, molecular and cellular biology, genetics and genetic engineering, biological cell fusion techniques, and new bioprocesses, using living organisms, or parts of organisms, to produce or modify products, to improve plants or animals, to develop microorganisms for specific uses, to identify targets for small molecule pharmaceutical development, or to transform biological systems into useful processes and products. [or to develop microorganisms for specific uses; ]

Sec. 54. Subdivision (5) of section 12-412 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to sales occurring on or after July 1, 2005):

(5) Sales of tangible personal property or services to and by nonprofit charitable hospitals in this state, nonprofit nursing homes, nonprofit rest homes and nonprofit residential care homes licensed by the state pursuant to chapter 368v for the exclusive purposes of such institutions except any such service transaction as described in subparagraph (EE) of subdivision (37) of subsection (a) of section 12-407 and sales of medical equipment and supplies for patient care to and by acute care, for-profit hospitals for the exclusive purposes of such institutions, except any such service transaction as described in subparagraph (EE) of subdivision (37) of subsection (a) of section 12-407.

Sec. 55. (NEW) (Effective from passage) The Commissioner of Social Services may make disproportionate share payments to a short-term general hospital that changes ownership in the middle of a hospital fiscal year for the hospital fiscal year in which such change of ownership occurs notwithstanding the provisions of sections 19a-670 to 19a-672, inclusive, of the general statutes.

Sec. 56. Subsection (a) of section 2-79a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There shall be a Connecticut Advisory Commission on Intergovernmental Relations. The purpose of the commission shall be to enhance coordination and cooperation between the state and local governments. The commission shall consist of the president pro tempore of the Senate, the speaker of the House of Representatives, the minority leader of the Senate, the minority leader of the House of Representatives, the Secretary of the Office of Policy and Management, the Commissioners of Education, Environmental Protection, Economic and Community Development, or their designees, and sixteen additional members as follows: (1) Six municipal officials appointed by the Governor, four of whom shall be selected from a list of nominees submitted to him by the Connecticut Conference of Municipalities and two of whom shall be selected from a list submitted by the Council of Small Towns. Two of such six officials shall be from towns having populations of twenty thousand or less persons, two shall be from towns having populations of more than twenty thousand but less than sixty thousand persons and two shall be from towns having populations of sixty thousand or more persons; (2) two local public education officials appointed by the Governor, one of whom shall be selected from a list of nominees submitted to him by the Connecticut Association of Boards of Education and one of whom shall be selected from a list submitted by the Connecticut Association of School Administrators; (3) one representative of a regional council of governments or a regional planning agency appointed by the Governor from a list of nominees submitted to him by the Regional Planning Association of Connecticut; (4) five persons who do not hold elected or appointed office in state or local government, one of whom shall be appointed by the Governor, one of whom shall be appointed by the president pro tempore of the Senate, one of whom shall be appointed by the speaker of the House of Representatives, one of whom shall be appointed by the minority leader of the Senate and one of whom shall be appointed by the minority leader of the House of Representatives; (5) one representative of the Connecticut Conference of Municipalities appointed by said conference; and (6) one representative of the Council of Small Towns appointed by said council. Each member of the commission appointed pursuant to subdivisions (1) to (6), inclusive, shall serve for a term of two years. All other members shall serve for terms which are coterminous with their terms of office. The Governor shall appoint a chairperson and a vice-chairperson from among the commission members. Members of the General Assembly may serve as gubernatorial appointees to the commission. Members of the commission shall not be compensated for their services but shall be reimbursed for necessary expenses incurred in the performance of their duties.

Sec. 57. (Effective from passage) Notwithstanding the failure of the Bristol Historical Society to file a quadrennial statement claiming exemption from property tax under the provisions of subdivision (7) of section 12-81 of the general statutes with the board of assessors of the city of Bristol within the time prescribed by law as required by said subdivision (7) or to file such statement within any extension of time allowed pursuant to section 12-87a of the general statutes, the time within which the Bristol Historical Society may file such statement is extended to not more than thirty days after the effective date of this section, provided said historical society shall pay the late filing fee specified in said section 12-87a.

Sec. 58. Section 12-146 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Unless the context otherwise requires, wherever used in this section, "tax" includes each property tax and each installment and part thereof due to a municipality as it may have been increased by interest, fees and charges. If any tax due in a single installment or if any installment of any tax due in two or more installments is not paid in full (1) on or before the first day of the month next succeeding the month in which it became due and payable, or if not due and payable on the first day of the month, (2) on or before the same date of the next succeeding month corresponding to that of the month on which it became due and payable, the whole or such part of such installment as is unpaid shall thereupon be delinquent and shall be subject to interest from the due date of such delinquent installment. Except for unpaid real estate taxes the collection of which was, or is, deferred under the provisions of section 12-174, and any predecessor and successor thereto, which unpaid real estate taxes continue to be subject to the provisions of such deferred collection statutes, the delinquent portion of the principal of any tax shall be subject to interest at the rate of eighteen per cent per annum from the time when it became due and payable until the same is paid, subject to a minimum interest charge of two dollars which any municipality, by vote of its legislative body, may elect not to impose, and provided, in any computation of such interest, under any provision of this section, each fractional part of a month in which any portion of the principal of such tax remains unpaid shall be considered to be equivalent to a whole month. Each addition of interest shall become, and shall be collectible as, a part of such tax. Interest shall accrue at said rate until payment of such taxes due notwithstanding the entry of any judgment in favor of the municipality against the taxpayer or the property of the taxpayer. Except as hereinafter specified for taxes representing two or more items of property, the collector shall not receive any partial payment of a delinquent tax which is less than the total accrued interest on the principal of such tax up to the date of payment and shall apply each partial payment to the wiping out of such interest before making any application thereof to the reduction of such principal; provided, whenever the first partial payment is made after delinquency, interest from the due date of such delinquent tax to the date of such partial payment shall be figured on the whole or such part of the principal of such tax as is unpaid at the beginning of delinquency and provided, whenever a subsequent partial payment of such tax is made, interest shall be figured from the date of payment of the last-preceding, to the date of payment of such subsequent, partial payment on the whole or such balance of the principal of such tax as remains unpaid on the date of the last-preceding partial payment. If any tax, at the time of assessment or because of a subsequent division, represents two or more items of property, the collector may receive payment in full of such part of the principal and interest of such tax as represents one or more of such items, even though interest in full on the entire amount of the principal of such tax has not been received up to the date of such payment; in which event, interest on the remaining portion of the principal of any such tax shall be computed, as the case may be, from the due date of such tax if no other payment after delinquency has been made or from the last date of payment of interest in full on the whole amount or unpaid balance of the principal of such delinquent tax if previous payment of interest has been made. Each collector shall keep a separate account of such interest and the time when the same has been received and shall pay over the same to the treasurer of the municipality of the collector as a part of such tax. No tax or installment thereof shall be construed to be delinquent under the provisions of this section if the envelope containing the amount due as such tax or installment, as received by the tax collector of the municipality to which such tax is payable, bears a postmark showing a date within the time allowed by statute for the payment of such tax or installment. Any municipality may, by vote of its legislative body, require that (A) any delinquent property taxes applicable with respect to a motor vehicle shall be paid only in cash or by certified check or money order, and (B) any person who was delinquent in the payment of any property tax or installment on any motor vehicle and who the municipality notified the Commissioner of Motor Vehicles of such delinquency under the provisions of section 14-33, as amended, shall pay a fee of five dollars. Any municipality adopting such requirement may provide that such requirement shall only be applicable to delinquency exceeding a certain period in duration as determined by such municipality. Any municipality shall waive all or a portion of the interest due and payable under this section on a delinquent tax with respect to a taxpayer who has received compensation under chapter 968 as a crime victim.

Sec. 59. Subsection (c) of section 12-81g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to assessment years commencing on or after October 1, 2002):

(c) The state shall reimburse each town, city, borough, consolidated town and city and consolidated town and borough by the last day of each calendar year in which exemptions were granted to the extent of the revenue loss represented by the additional exemptions provided for in [subsections (a) and (b)] subsection (a) of this section. The Secretary of the Office of Policy and Management shall review each claim for such revenue loss as provided in section 12-120b. Any claimant aggrieved by the results of the secretary's review shall have the rights of appeal as set forth in section 12-120b. In the fiscal year commencing July 1, 2003, and in each fiscal year thereafter, the amount payable to each municipality in accordance with this section shall be reduced proportionately in the event that the total amount payable to all municipalities exceeds the amount appropriated.

Sec. 60. Subsection (c) of section 32-602 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) In addition to the powers enumerated in subsection (b) of this section, with respect to the convention center project and the convention center facilities the authority shall have the following powers: (1) To acquire, by gift, purchase, condemnation, lease or transfer, lands or rights-in-land in connection with the convention center facilities, [or] the convention center hotel, the other on-site related private development or related infrastructure improvements and to sell and lease or sublease, as lessor or lessee or sublessor or sublessee, any portion of its real property rights, including air space above or areas below the convention center facilities, and enter into related common area maintenance, easement, access, support and similar agreements or the convention center hotel, and own and operate the convention center facilities, provided that such activity is consistent with all applicable federal tax covenants of the authority, transfer or dispose of any property or interest therein acquired by it, at any time and to receive and accept aid or contributions, from any source, of money, labor, property or other things of value, to be held, used and applied to carry out the purposes of this section, subject to the conditions upon which such grants and contributions are made, including, but not limited to, gifts or grants from any department, agency or instrumentality of the United States or this state for any purpose consistent with this section; (2) to condemn properties which may be necessary or desirable to effectuate the purposes of the authority with respect to the convention center project and the convention center hotel to be exercised in accordance with the provisions of chapter 835; (3) to formulate plans for, acquire, finance and develop, lease, purchase, construct, reconstruct, repair, improve, expand, extend, operate, maintain and market the convention center facilities, provided such activities are consistent with all applicable federal tax covenants of the authority and provided further that the authority shall retain control over naming rights with respect to the convention center, that any sale of such naming rights shall require the approval of the secretary and that the proceeds of any such sale of naming rights, to the extent not required for start-up or current operating expenses of the convention center, shall be used by the authority exclusively for the purpose of operating or capital replacement reserves for the convention center; (4) to contract and be contracted with provided, if management, operating or promotional contracts or agreements or other contracts or agreements are entered into with nongovernmental parties with respect to property financed with the proceeds of obligations the interest on which is excluded from gross income for federal income taxation, the board of directors shall ensure that such contracts or agreements are in compliance with the covenants of the authority upon which such tax exclusion is conditioned; (5) to enter into arrangements or contracts to either purchase or lease, on a fully completed turn key basis, the convention center, and arrangements with the secretary regarding the development, ownership and operation by the authority of the related parking facilities, and to enter into a contract or contracts with an entity, or entities, for operation and management thereof and, for purposes of section 31-57f relating to standard wage rates for certain service workers, any such contract for operation and management of the convention center shall be deemed to be a contract with the state; (6) to fix and revise, from time to time, and to charge and collect fees, rents and other charges for the use, occupancy or operation of such projects, and to establish and revise from time to time, procedures in respect of the use, operation and occupancy of the convention center facilities, including parking rates, rules and procedures, provided such arrangements are consistent with all applicable federal tax covenants of the authority, and to utilize net revenues received by the authority from the operation of the convention center facilities, after allowance for operating expenses and other charges related to the ownership, operation or financing thereof, for other proper purposes of the authority, including, but not limited to, funding of operating deficiencies or operating or capital replacement reserves for either the convention center or the related parking facilities as determined to be appropriate by the authority; (7) to engage architects, engineers, attorneys, accountants, consultants and such other independent professionals as may be necessary or desirable to carry out its purposes; to contract for construction, development, concessions and the procurement of goods and services and to establish and modify procurement procedures from time to time to implement the foregoing in accordance with the provisions of section 32-603; (8) to adopt procedures (A) which shall require that contractors or subcontractors engaged in the convention center project and the construction of the convention center hotel take affirmative action to provide equal opportunity for employment without discrimination as to race, creed, color, national origin or ancestry or gender, (B) to ensure that the wages paid on an hourly basis to any mechanic, laborer or workman employed by such contractor or subcontractor with respect to the convention center project or the construction of the convention center hotel shall be at a rate customary or prevailing for the same work in the same trade or occupation in the town and city of Hartford, unless otherwise established pursuant to a project labor agreement, and (C) which shall require the prime construction contractors for the convention center project and for the convention center hotel, and the principal facility managers of the convention center facilities and the convention center hotel to make reasonable efforts to hire or cause to be hired available and qualified residents of the city of Hartford and available and qualified members of minorities, as defined in section 32-9n, for construction and operation jobs at the convention center facilities and the convention center hotel at all levels of construction and operation; (9) to enter into a development agreement with the developer of the convention center hotel, which agreement shall prohibit any voluntary sale, transfer or other assignment of the interests of such developer, or any affiliate thereof, in the convention center hotel, including the rights under any ground lease, air rights or similar agreement with the state or the authority, for a minimum period of five years from the completion thereof except with the prior written consent of the authority given or withheld in its sole discretion, and thereafter except to a party which, in the reasonable judgment of the authority, is financially responsible and experienced in the ownership and operation of first class hotel properties in similar locations; (10) to borrow money and to issue bonds, notes and other obligations of the authority to the extent permitted under section 32-607, to fund and refund the same and to provide for the rights of the holders thereof and to secure the same by pledge of assets, revenues, notes and state contract assistance as provided in section 32-608; (11) to do anything necessary and desirable, including executing reimbursement agreements or similar agreements in connection with credit facilities, including, but not limited to, letters of credit or policies of bond insurance, remarketing agreements and agreements for the purpose of moderating interest rate fluctuations, to render any bonds to be issued pursuant to section 32-607 more marketable; and (12) to engage in and contract for marketing and promotional activities to attract national, regional and local conventions, sports events, trade shows, exhibitions, banquets and other events to maximize the use of the convention center facilities.

Sec. 61. Subdivision (5) of subsection (a) of section 32-655 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(5) Plan, design, develop, construct, finish, furnish, equip, replace, alter, restore, reconstruct, improve or enlarge and enhance the overall project and engage in other activities incidental thereto, including the coordination of public and private parking facilities, and, subject to section 32-656, enter into such construction, development, project management, construction management, design-build or other types of contracts or arrangements with respect to the overall project and, subject to the proper allocation of costs, all or any portion of the on-site related private development including provisions with respect to incentive fees for timely completion of improvements at or under budget and such requirements with respect to GMP, adherence to the project schedule, assumption of force majeure and completion risk, surety and performance bonding, insurance, letters of credit and financial guarantees and other assurances of performance and completion as the secretary determines to be appropriate in order to assure adherence to the project budget or may otherwise deem prudent, expedient and in the best interests of the state, provided that the development or project management agreement with the project manager shall require that construction contracts for all major elements of the overall project for which the project manager is responsible be awarded on a GMP basis at prices consistent with the project budget unless the Secretary determines that a waiver of the GMP requirement is in the best interest of the state.

Sec. 62. Section 32-666 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Any land on the Adriaen's Landing site leased by the secretary for purposes of site acquisition [from the party owning such land on May 2, 2000,] for an initial term of at least ninety-nine years shall, while such lease remains in effect, be deemed to be state-owned real property for purposes of sections 12-19a and 12-19b and subdivision (2) of section 12-81 and the state shall make grants in lieu of taxes with respect to such land to the municipality in which the same is located as otherwise provided in sections 12-19a and 12-19b.

Sec. 63. Subsection (i) of section 5-259 of the general statutes, as amended by public act 03-149, is repealed and the following is substituted in lieu thereof (Effective from passage):

(i) The Comptroller may provide for coverage of employees of municipalities, nonprofit corporations, community action agencies and small employers and individuals eligible for a health coverage tax credit under the plan or plans procured under subsection (a) of this section, provided: (1) Participation by each municipality, nonprofit corporation, community action agency or small employer or eligible individual shall be on a voluntary basis; (2) where an employee organization represents employees of a municipality, nonprofit corporation, community action agency or small employer, participation in a plan or plans to be procured under subsection (a) of this section shall be by mutual agreement of the municipality, nonprofit corporation, community action agency or small employer and the employee organization only and neither party may submit the issue of participation to binding arbitration except by mutual agreement if such binding arbitration is available; (3) no group of employees shall be refused entry into the plan by reason of past or future health care costs or claim experience; (4) rates paid by the state for its employees under subsection (a) of this section are not adversely affected by this subsection; (5) administrative costs to the plan or plans provided under this subsection shall not be paid by the state; [and] (6) participation in the plan or plans in an amount determined by the state shall be for the duration of the period of the plan or plans, or for such other period as mutually agreed by the municipality, nonprofit corporation, community action agency or small employer and the Comptroller; and (7) nothing in this act shall be construed as requiring a participating insurer or health care center to issue individual policies to individuals eligible for a health coverage tax credit. The Comptroller may arrange and procure for the employees and eligible individuals under this subsection health benefit plans that vary from the plan or plans procured under subsection (a) of this section. Notwithstanding any provision of law the coverage provided under this subsection may be offered to employees on either a fully underwritten or risk-pooled basis at the discretion of the Comptroller, except that coverage offered to small employers shall be fully underwritten in accordance with part V of chapter 700c. For the purposes of this subsection, (A) "municipality" means any town, city, borough, school district, taxing district, fire district, district department of health, probate district, housing authority, regional work force development board established under section 31-3k, flood commission or authority established by special act, regional planning agency, transit district formed under chapter 103a, or the Children's Center established by number 571 of the public acts of 1969; (B) "nonprofit corporation" means a nonprofit corporation organized under 26 USC 501(c)(3) that has a contract with the state; (C) "community action agency" means a community action agency, as defined in section 17b-885; [and] (D) "small employer" means a small employer, as defined in section 38a-564; and (E) "individuals eligible for a health coverage tax credit" means persons who are eligible for the credit for health insurance costs under Section 35 of the Internal Revenue Code of 1986 in accordance with the Pension Benefit Guaranty Corporation and Trade Adjustment Assistance programs of the Trade Act of 2002 (P.L. 107-210).

Sec. 64. Subsection (k) of section 5-259 of the general statutes, as amended by public act 03-149, is repealed and the following is substituted in lieu thereof (Effective from passage):

(k) The Comptroller shall submit annually to the General Assembly a review of the coverage of employees of municipalities, nonprofit corporations, community action agencies, [and] small employers under subsection (i) of this section and eligible individuals under subsection (i) of this section beginning February 1, 2004.

Sec. 65. Subsection (b) of section 12-202a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Notwithstanding the provisions of subsection (a) of this section, the tax shall not apply to: (1) Any new or renewal contract or policy entered into with the state on or after July 1, 1997, to provide health care coverage to state employees, retirees and their dependents; (2) any subscriber charges received from the federal government to provide coverage for Medicare patients; (3) any subscriber charges received under a contract or policy entered into with the state to provide health care coverage to Medicaid recipients under the Medicaid managed care program established pursuant to section 17b-28, which charges are attributable to a period on or after January 1, 1998; (4) any new or renewal contract or policy entered into with the state on or after April 1, 1998, to provide health care coverage to eligible beneficiaries under the HUSKY Medicaid Plan Part A, HUSKY Part B, or the HUSKY Plus programs, each as defined in section 17b-290; (5) any new or renewal contract or policy entered into with the state on or after April 1, 1998, to provide health care coverage to recipients of state-administered general assistance pursuant to section 17b-257; (6) any new or renewal contract or policy entered into with the state on or after February 1, 2000, to provide health care coverage to retired teachers, spouses or surviving spouses covered by plans offered by the state teachers' retirement system; (7) any new or renewal contract or policy entered into on or after July 1, 2001, to provide health care coverage to employees of a municipality under a plan procured pursuant to section 5-259; [or] (8) any new or renewal contract or policy entered into on or after July 1, 2001, to provide health care coverage to employees of nonprofit organizations and their dependents under a plan procured pursuant to section 5-259; or (9) any new or renewal contract or policy entered into on or after July 1, 2003, to provide health care coverage to individuals eligible for a health coverage tax credit and their dependents under a plan procured pursuant to section 5-259.

Sec. 66. Section 38a-551 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

For purposes of this section and sections 38a-552 to 38a-559, inclusive, the following terms shall have the following meanings:

(a) "Health insurance" means hospital and medical expenses incurred policies written on a direct basis, nonprofit service plan contracts, health care center contracts and self-insured or self-funded employee health benefit plans. The term "health insurance" for purposes of sections 38a-505, 38a-546 and 38a-551 to 38a-559, inclusive, shall not include accident only policies, disability income policies or coverages which are subject to regulation under sections 38a-19, 38a-363 to 38a-388, inclusive, and 38a-663 to 38a-696, inclusive.

(b) "Carrier" means an insurer, health care center, hospital service corporation or medical service corporation or fraternal benefit society.

(c) "Insurer" means an insurance company licensed to transact accident and health insurance business in this state.

(d) "Health care center" means a health care center, as defined in section 38a-175.

(e) "Self-insurer" means an employer or an employee welfare benefit fund or plan which provides payment for or reimbursement of the whole or any part of the cost of covered hospital or medical expenses for covered individuals. For purposes of sections 38a-505, 38a-546 and 38a-551 to 38a-559, inclusive, "self-insurer" shall not include any such employee welfare benefit fund or plan established prior to April 1, 1976, by any organization which is exempt from federal income taxes under the provisions of Section 501 of the United States Internal Revenue Code and amendments thereto and legal interpretations thereof, except any such organization described in Subsection (c)(15) of said Section 501.

(f) "Commissioner" means the Insurance Commissioner of the state of Connecticut.

(g) "Physician" means a doctor of medicine, chiropractic, natureopathy, podiatry, a qualified psychologist and, for purposes of oral surgery only, a doctor of dental surgery or a doctor of medical dentistry and, subject to the provisions of section 20-138d, optometrists duly licensed under the provisions of chapter 380.

(h) "Qualified psychologist" means a person who is duly licensed or certified as a clinical psychologist and has a doctoral degree in and at least two years of supervised experience in clinical psychology in a licensed hospital or mental health center.

(i) "Skilled nursing facility" shall have the same meaning as "skilled nursing facility", as defined in Section 1395x, Chapter 7 of Title 42, United States Code.

(j) "Hospital" shall have the same meaning as "hospital", as defined in Section 1395x, Chapter 7 of Title 42, United States Code.

(k) "Home health agency" shall have the same meaning as "home health agency", as defined in Section 1395x, Chapter 7 of Title 42, United States Code.

(l) "Copayment" means the portion of a charge that is covered by a plan and not payable by the plan and which is thus the obligation of the covered individual to pay.

(m) "Resident employer" means any person, partnership, association, trust, estate, limited liability company, corporation, whether foreign or domestic, or the legal representative, trustee in bankruptcy or receiver or trustee, thereof, or the legal representative of a deceased person, including the state of Connecticut and each municipality therein, which has in its employ one or more individuals during any calendar year, commencing January 1, 1976. For purposes of sections 38a-505, 38a-546 and 38a-551 to 38a-559, inclusive, the term "resident employer" shall refer only to an employer with a majority of employees employed within the state of Connecticut.

(n) "Eligible employee" means, with respect to any employer, an employee who either is considered a full-time employee, or who is expected to work at least twenty hours a week for at least twenty-six weeks during the next twelve months or who has actually worked at least twenty hours a week for at least twenty-six weeks in any continuous twelve-month period.

(o) "Alcoholism treatment facility" shall have the same meaning as in section 38a-533.

(p) "Totally disabled" means with respect to an employee, the inability of the employee because of an injury or disease to perform the duties of any occupation for which he is suited by reason of education, training or experience, and, with respect to a dependent, the inability of the dependent because of an injury or disease to engage in substantially all of the normal activities of persons of like age and sex in good health.

(q) "Deductible" means the amount of covered expenses which must be accumulated during each calendar year before benefits become payable as additional covered expenses incurred.

(r) For purposes of sections 38a-505, 38a-546 and 38a-551 to 38a-559, inclusive, "disease or injury" shall include pregnancy and resulting childbirth or miscarriage.

(s) "Complications of pregnancy" means (1) conditions requiring hospital stays, when the pregnancy is not terminated, whose diagnoses are distinct from pregnancy but are adversely affected by pregnancy or are caused by pregnancy, such as acute nephritis, nephrosis, cardiac decompensation, missed abortion and similar medical and surgical conditions of comparable severity, and shall not include false labor, occasional spotting, physician-prescribed rest during the period of pregnancy, morning sickness, hyperemesis gravidarum, pre-eclampsia and similar conditions associated with management of a difficult pregnancy not constituting a nosologically distinct complication of pregnancy; and (2) nonelective caesarean section, ectopic pregnancy which is terminated, and spontaneous termination of pregnancy, which occurs during a period of gestation in which a viable birth is not possible.

(t) "Resident" means (1) a person who maintains a residence in this state for a period of at least one hundred eighty days, or (2) a HIPAA or health care tax credit eligible individual who maintains a residence in this state.

(u) "HIPAA eligible individual" means an eligible individual as defined in subsection (b) of section 2741 of the Public Health Service Act, as set forth in the Health Insurance Portability and Accountability Act of 1996 (P. L. 104-191) (HIPAA).

(v) "Health care tax credit eligible individual" means a person who is eligible for the credit for health insurance costs under Section 35 of the Internal Revenue Code of 1986 in accordance with the Pension Benefit Guaranty Corporation and Trade Adjustment Assistance programs of the Trade Act of 2002 (P.L. 107-210).

Sec. 67. Section 38a-553 of the general statutes is amended by adding subsection (j) as follows (Effective from passage):

(NEW) (j) No comprehensive health care plan issued through the Health Reinsurance Association to a health care tax credit eligible individual shall include any limitation or exclusion of benefit based on a preexisting condition if such individual maintained creditable health insurance coverage for an aggregate period of three months as of the date on which the individual seeks to enroll in the Health Reinsurance Association issued policy, not counting any period prior to a sixty-three day break in coverage.

Sec. 68. Section 38a-556 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

There is hereby created a nonprofit legal entity to be known as the Health Reinsurance Association. All insurers, health care centers and self-insurers doing business in the state, as a condition to their authority to transact the applicable kinds of health insurance defined in section 38a-551, shall be members of the association. The association shall perform its functions under a plan of operation established and approved under subdivision (a) of this section, and shall exercise its powers through a board of directors established under this section.

(a) (1) The board of directors of the association shall be made up of nine individuals selected by participating members, subject to approval by the commissioner, two of whom shall be appointed by the commissioner on or before July 1, 1993, to represent health care centers. To select the initial board of directors, and to initially organize the association, the commissioner shall give notice to all members of the time and place of the organizational meeting. In determining voting rights at the organizational meeting each member shall be entitled to vote in person or proxy. The vote shall be a weighted vote based upon the net health insurance premium derived from this state in the previous calendar year. If the board of directors is not selected within sixty days after notice of the organizational meeting, the commissioner may appoint the initial board. In approving or selecting members of the board, the commissioner may consider, among other things, whether all members are fairly represented. Members of the board may be reimbursed from the moneys of the association for expenses incurred by them as members, but shall not otherwise be compensated by the association for their services. (2) The board shall submit to the commissioner a plan of operation for the association necessary or suitable to assure the fair, reasonable and equitable administration of the association. The plan of operation shall become effective upon approval in writing by the commissioner consistent with the date on which the coverage under sections 38a-505, 38a-546 and 38a-551 to 38a-559, inclusive, must be made available. The commissioner shall, after notice and hearing, approve the plan of operation provided such plan is determined to be suitable to assure the fair, reasonable and equitable administration of the association, and provides for the sharing of association gains or losses on an equitable proportionate basis. If the board fails to submit a suitable plan of operation within one hundred eighty days after its appointment, or if at any time thereafter the board fails to submit suitable amendments to the plan, the commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules as are necessary or advisable to effectuate the provisions of this section. Such rules shall continue in force until modified by the commissioner or superseded by a plan submitted by the board and approved by the commissioner. The plan of operation shall, in addition to requirements enumerated in sections 38a-505, 38a-546 and 38a-551 to 38a-559, inclusive: (A) Establish procedures for the handling and accounting of assets and moneys of the association; (B) establish regular times and places for meetings of the board of directors; (C) establish procedures for records to be kept of all financial transactions, and for the annual fiscal reporting to the commissioner; (D) establish procedures whereby selections for the board of directors shall be made and submitted to the commissioner; (E) establish procedures to amend, subject to the approval of the commissioner, the plan of operations; (F) establish procedures for the selection of an administering carrier and set forth the powers and duties of the administering carrier; (G) contain additional provisions necessary or proper for the execution of the powers and duties of the association; (H) establish procedures for the advertisement on behalf of all participating carriers of the general availability of the comprehensive coverage under sections 38a-505, 38a-546 and 38a-551 to 38a-559, inclusive; [and] (I) contain additional provisions necessary for the association to qualify as an acceptable alternative mechanism in accordance with Section 2744 of the Public Health Service Act, as set forth in the Health Insurance Portability and Accountability Act of 1996 (P. L. 104-191); and (J) contain additional provisions necessary for the association to qualify as acceptable coverage in accordance with the Pension Benefit Guaranty Corporation and Trade Adjustment Assistance programs of the Trade Act of 2002 (P.L. 107-210). The commissioner may adopt regulations in accordance with the provisions of chapter 54 to establish criteria for the association to qualify as an acceptable alternative mechanism.

(b) The association shall have the general powers and authority granted under the laws of this state to carriers to transact the kinds of insurance defined under section 38a-551, and in addition thereto, the specific authority to: (1) Enter into contracts necessary or proper to carry out the provisions and purposes of sections 38a-505, 38a-546 and 38a-551 to 38a-559, inclusive; (2) sue or be sued, including taking any legal actions necessary or proper for recovery of any assessments for, on behalf of, or against participating members; (3) take such legal action necessary to avoid the payment of improper claims against the association or the coverage provided by or through the association; (4) establish, with respect to health insurance provided by or on behalf of the association, appropriate rates, scales of rates, rate classifications and rating adjustments, such rates not to be unreasonable in relation to the coverage provided and the operational expenses of the association; (5) administer any type of reinsurance program, for or on behalf of participating members; (6) pool risks among participating members; (7) issue policies of insurance on an indemnity or provision of service basis providing the coverage required by sections 38a-505, 38a-546 and 38a-551 to 38a-559, inclusive, in its own name or on behalf of participating members; (8) administer separate pools, separate accounts or other plans as deemed appropriate for separate members or groups of members; (9) operate and administer any combination of plans, pools, reinsurance arrangements or other mechanisms as deemed appropriate to best accomplish the fair and equitable operation of the association; (10) set limits on the amounts of reinsurance which may be ceded to the association by its members; [and] (11) appoint from among participating members appropriate legal, actuarial and other committees as necessary to provide technical assistance in the operation of the association, policy and other contract design, and any other function within the authority of the association; and (12) apply for and accept grants, gifts and bequests of funds from other states, federal and interstate agencies and independent authorities, private firms, individuals and foundations for the purpose of carrying out its responsibilities. Any such funds received shall be deposited in the General Fund and shall be credited to a separate nonlapsing account within the General Fund for the Health Reinsurance Association and may be used by the Health Reinsurance Association in the performance of its duties.

(c) Every member shall participate in the association in accordance with the provisions of this subdivision. (1) A participating member shall determine the particular risks it elects to have written by or through the association. A member shall designate which of the following classes of risks it shall underwrite in the state, from which classes of risk it may elect to reinsure selected risks: (A) Individual, excluding group conversion; and (B) individual, including group conversion. (2) No member shall be permitted to select out individual lives from an employer group to be insured by or through the association. Members electing to administer risks which are insured by or through the association shall comply with the benefit determination guidelines and the accounting procedures established by the association. A risk insured by or through the association cannot be withdrawn by the participating member except in accordance with the rules established by the association. (3) Rates for coverage issued by or through the association shall not be excessive, inadequate or unfairly discriminatory. Separate scales of premium rates based on age shall apply but rates shall not be adjusted for area variations in provider costs. Premium rates shall take into consideration the substantial extra morbidity and administrative expenses for association risks, reimbursement or reasonable expenses incurred for the writing of association risks and the level of rates charged by insurers for groups of ten lives, provided incurred losses which result from provision of coverage in accordance with section 38a-537 shall not be considered. In no event shall the rate for a given classification or group be less than one hundred twenty-five per cent nor more than one hundred fifty per cent of the average rate charged for that classification with similar characteristics under a policy covering ten lives. All rates shall be promulgated by the association through an actuarial committee consisting of five persons who are members of the American Academy of Actuaries, shall be filed with the commissioner and may be disapproved within sixty days from the filing thereof if excessive, inadequate, or unfairly discriminatory.

(d) (1) Following the close of each fiscal year, the administering carrier shall determine the net premiums, reinsurance premiums less administrative expense allowance, the expense of administration pertaining to the reinsurance operations of the association and the incurred losses for the year. Any net loss shall be assessed to all participating members in proportion to their respective shares of the total health insurance premiums earned in this state during the calendar year, or with paid losses in the year, coinciding with or ending during the fiscal year of the association or on any other equitable basis as may be provided in the plan of operations. For self-insured members of the association, health insurance premiums earned shall be established by dividing the amount of paid health losses for the applicable period by eighty-five per cent. Net gains, if any, shall be held at interest to offset future losses or allocated to reduce future premiums. (2) Any net loss to the association represented by the excess of its actual expenses of administering policies issued by the association over the applicable expense allowance shall be separately assessed to those participating members who do not elect to administer their plans. All assessments shall be on an equitable formula established by the board. (3) The association shall conduct periodic audits to assure the general accuracy of the financial data submitted to the association and the association shall have an annual audit of its operations by an independent certified public accountant. The annual audit shall be filed with the commissioner for his review and the association shall be subject to the provisions of section 38a-14. (4) For the fiscal year ending December 31, 1993, and the first quarter of the fiscal year ending December 31, 1994, the administering carrier shall not include health care centers in assessing any net losses to participating members.

(e) All policy forms issued by or through the association shall conform in substances to prototype forms developed by the association, shall in all other respects conform to the requirements of sections 38a-505, 38a-546 and 38a-551 to 38a-559, inclusive, and shall be approved by the commissioner. The commissioner may disapprove any such form if it contains a provision or provisions which are unfair or deceptive or which encourage misrepresentation of the policy.

(f) Unless otherwise permitted by the plan of operation, the association shall not issue, reissue or continue in force comprehensive health care plan coverage with respect to any person who is already covered under an individual or group comprehensive health care plan, or who is sixty-five years of age or older and eligible for Medicare or who is not a resident of this state. Coverage provided to a HIPAA or health care tax credit eligible individual may be terminated to the extent permitted by HIPAA or the Trade Act of 2002, respectively.

(g) Benefits payable under a comprehensive health care plan insured by or reinsured through the association shall be paid net of all other health insurance benefits paid or payable through any other source, and net of all health insurance coverages provided by or pursuant to any other state or federal law including Title XVIII of the Social Security Act, Medicare, but excluding Medicaid.

(h) There shall be no liability on the part of and no cause of action of any nature shall arise against any carrier or its agents or its employees, the Health Reinsurance Association or its agents or its employees or the residual market mechanism established under the provisions of section 38a-557 or its agents or its employees, or the commissioner or his representatives for any action taken by them in the performance of their duties under sections 38a-505, 38a-546 and 38a-551 to 38a-559, inclusive. This provision shall not apply to the obligations of a carrier, a self-insurer, the Health Reinsurance Association or the residual market mechanism for payment of benefits provided under a comprehensive health care plan.

Sec. 69. Section 32-657 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The secretary shall prepare each fiscal year an annual operating and capital budget for the stadium facility and no later than ninety days prior to the start of the fiscal year, the secretary shall submit the budget to the Comptroller. Not more than forty-five days after submission by the secretary, the Comptroller shall submit any comments to the secretary. Thereafter, the secretary shall submit a copy of such budget to the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding and appropriations.

(b) The secretary is authorized to establish with the Treasurer and administer a separate nonlapsing enterprise fund to be known as the "Stadium Facility Enterprise Fund". All revenues received by the secretary with respect to the use, operation and management of the stadium facility, including revenues from stadium parking and the sale of naming rights and including any General Fund appropriation or other moneys received from federal, state, municipal and private sources [, other than the amount made available to the secretary by United Technologies Corporation for traffic and road improvements pursuant to the authority granted in subsection (g) of section 32-656] for purposes of stadium facility operations, shall be deposited with the Treasurer to the credit of such fund, except as otherwise provided in subsection (d) of this section. Earnings on investments of amounts on deposit in the Stadium Facility Enterprise Fund shall be retained in and used for purposes of such fund. The secretary is authorized to pay, and the resources of such fund shall be available for and applied to, the costs and expenses of stadium facility operations, to the extent not otherwise paid as provided in subsection (d) of this section. Such payments shall be made by the Treasurer on warrants issued by the Comptroller, upon order of the secretary or a designee.

(c) A capital replacement reserve subaccount shall be established within the Stadium Facility Enterprise Fund, to be known as the "stadium facility capital replacement account". Any surplus remaining in the Stadium Facility Enterprise Fund at the end of any fiscal year, to the extent not required, in the judgment of the secretary, to be reserved for the purpose of [deferred] scheduled or other future maintenance or repairs, the addition or replacement of furniture, fixtures and equipment, working capital, or the funding of projected operating deficits or similar contingencies, shall be transferred to the stadium facility capital replacement account. Any General Fund appropriation or other moneys received from federal, state, municipal or private sources for purposes of capital additions or replacements at the stadium facility, other than the amount made available to the secretary by United Technologies Corporation for traffic and road improvements pursuant to the authority granted in subsection (g) of section 32-656, shall be deposited with the Treasurer to the credit of such subaccount. Moneys in the stadium facility capital replacement account shall be available and used for the costs of capital replacements, restorations, alterations, improvements, additions and enhancements to the stadium facility, including the costs of maintenance and repairs for which funds are not otherwise available in the Stadium Facility Enterprise Fund. Requisition and payment from the stadium facility capital replacement account shall be in accordance with the procedures established in subsection (b) of this section with respect to the Stadium Facility Enterprise Fund generally, except that the order of the secretary with respect thereto shall include a certification that the costs for which payment is requested are capital costs in accordance with the current capital budget or are capital costs not anticipated in the current capital budget but necessary in order to repair, restore or reconstruct the stadium facility following a casualty loss, to preserve the structural integrity of the stadium facility, to protect public health or safety, or to avoid an interruption in stadium facility operations.

(d) Notwithstanding the provisions of [this] subsection (b) of this section, (1) the secretary is authorized to enter into agreements including, but not limited to, lease, license, management, marketing, ticketing, merchandising or concession agreements, which provide for the collection, retention or sharing of facility revenues by the university, the authority or other public or private entities, provided [(1)] (A) such arrangements are not inconsistent in any material respect with the operating budget, are otherwise on terms not materially less favorable to the state than the terms customary in the industry for similar facilities and arrangements, except in the case of the university or the authority to the extent otherwise contemplated in the master development plan, and [(2)] (B) such arrangements do not result in private business use of the stadium facility for purposes of Section 141(b) of the Internal Revenue Code to an extent that would result in an event of taxability with respect to any bonds issued on a tax-exempt basis, and (2) in order to facilitate stadium facility operations on a day-to-day basis, with the approval of the Treasurer and the Comptroller the secretary is authorized to establish, or cause to be established under agreements with the stadium facility manager, at a bank or banks in this state, a box office account to receive and hold ticket receipts and event specific escrow accounts to hold rental, security and similar deposits pending the occurrence of an event and event reconciliation and from which such receipts and deposits may be disbursed in accordance with industry standard practices, a revenue account for the purpose of collecting revenues from stadium facility operations on a daily basis, and an operating expense account for the purpose of paying reasonable and prudent expenses of stadium facility operations on a daily basis, and such subaccounts within the revenue account and the operating expense account as the secretary deems appropriate to segregate and account separately for the revenues and expenses of catering, concessions, parking or other ancillary activities, and the secretary may transfer amounts in the revenue account to the operating expense account as necessary to provide for the payment of expenses of stadium facility operations in accordance with accounting and payment procedures approved by the Comptroller, and the stadium facility manager may, in accordance with accounting and payment procedures approved by the Comptroller, pay expenses of stadium facility operations directly from the operating expense account; provided, if at the end of any calendar month there is on deposit in the revenue account and the operating expense account amounts in the aggregate in excess of the projected expenses of stadium facility operations for the next succeeding three calendar months, such excess shall be promptly transferred by the secretary to the Stadium Facility Enterprise Fund. The determination of what constitutes reasonable and prudent expenses of stadium facility operations shall be made with due regard for customary practices at comparable facilities hosting similar events.

(e) Moneys in the box office account and any event specific escrow account, and any interest thereon, shall not be deemed to be state moneys for purposes of sections 4-32 and 4-33, as amended, until recognized as revenues of stadium facility operations upon event reconciliation in accordance with standard industry practices.

(f) The establishment of the revenue account, the operating expense account and any other account holding state moneys associated with the stadium facility, and any cash management and overnight investment features of such accounts, shall be subject to the approval of the Comptroller and Treasurer pursuant to sections 4-32 and 4-33, as amended. The interest and earnings on any such investments of funds in the revenue account, the operating expense account and any other account holding state moneys associated with the stadium facility shall be treated as revenues from stadium facility operations. Any such investments or investment arrangements shall be made or approved by the Treasurer.

(g) The stadium facility enterprise fund, the revenue account, the operating expense account and any other account holding state moneys associated with the stadium facility shall be subject to the provisions of sections 4-32, 4-33, as amended, 3-112 and 3-114, except to the extent inconsistent with express provisions of this section, and shall be audited on a comprehensive annual basis by an independent auditing firm in accordance with generally accepted auditing standards, selected by the secretary from a list of at least four firms supplied by the Comptroller. The cost of such audit shall be treated as an expense of stadium facility operations. In addition, between August 8, 2003, and November 30, 2003, the Auditors of Public Accounts shall conduct an audit of internal controls of stadium facility operations. Such audit shall be conducted at the sole expense of the Auditors of Public Accounts and with advance notice to the secretary.

Sec. 70. Section 14-54 of the general statutes, as amended by section 2 of public act 03-184, is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

Any person who desires to obtain a license for dealing in or repairing motor vehicles shall first obtain and present to the commissioner a certificate of approval of the location for which such license is desired from the [zoning commission, planning and zoning commission or other] board or authority designated by local charter, regulation or ordinance of the town, city or borough wherein the business is located or is proposed to be located, except that in any town or city having a zoning commission, combined planning and zoning commission and a board of appeals, such certificate shall be obtained from the board of appeals. In addition thereto, such certificate shall be approved by the chief of police where there is an organized police force or, where there is none, by the commander of the state police barracks situated nearest to such proposed location. The provisions of this section shall not apply to (1) a transfer of ownership to a spouse, child, brother, sister or parent of a licensee, (2) a transfer of ownership to or from a corporation in which a spouse, child, brother, sister or parent of a licensee has a controlling interest, or (3) a change in ownership involving the withdrawal of one or more partners from a partnership.

Sec. 71. Subsection (a) of section 14-67i of the general statutes, as amended by section 3 of public act 03-184, is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) No person, firm or corporation shall establish, operate or maintain a motor vehicle recycler's yard or motor vehicle recycler's business unless a certificate of approval of the location to be used therefor has been procured from the [zoning commission, planning and zoning commission or other] board or authority designated by local charter, regulation or ordinance in the town, city or borough wherein such yard or business is located or is proposed to be located, except that in any town or city having a zoning commission, combined planning and zoning commission and a board of appeals, such certificate shall be obtained from the board of appeals.

Sec. 72. Subdivision (26) of subsection (a) of section 12-701 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to taxable years commencing on and after January 1, 2003):

(26) (A) "Connecticut minimum tax" of an individual means the lesser of (i) nineteen per cent of the adjusted federal tentative minimum tax, as defined in subdivision (24) of subsection (a) of this section, or (ii) five and one-half per cent of the adjusted federal alternative minimum taxable income, as defined in subdivision (30) of this subsection. (B) "Connecticut minimum tax" of a trust or estate means the lesser of (i) nineteen per cent of the adjusted federal tentative minimum tax, as defined in subdivision (28) of this subsection, or (ii) five and one-half per cent of the adjusted federal alternative minimum taxable income, as defined in subdivision (31) of this subsection.

Sec. 73. Subdivision (3) of section 12-409 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(3) At the time of making an application the applicant shall pay to the Commissioner of Revenue Services a permit fee of [twenty] fifty dollars for each permit. [On or after July 1, 1985, any] Any permit issued [prior to or] on or after [said date] July 1, 1985, but prior to October 1, 2003, shall expire biennially on the anniversary date of the issuance of such permit unless renewed in accordance with such procedure and application form as prescribed by the commissioner. Any permit issued on or after October 1, 2003, shall expire on the fifth anniversary date of the issuance of such permit unless renewed in accordance with such procedure and application form as prescribed by the commissioner.

Sec. 74. Subdivision (1) of section 12-414 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(1) The taxes imposed by this chapter are due and payable to the commissioner monthly on or before the last day of the month next succeeding each monthly period except that every person whose total tax liability for the twelve-month period ended on the preceding [September] June thirtieth was less than four thousand dollars shall file returns on a quarterly basis. "Quarterly" means a period of three calendar months commencing on the first day of January, April, July or October of each year or, if any seller commences business on a date other than the first day of January, April, July or October, a period beginning on the date of commencement of business and ending on March thirty-first, June thirtieth, September thirtieth or December thirty-first, respectively.

Sec. 75. (NEW) (Effective from passage) When an agreement has been entered into by the state for the Commissioner of Revenue Services with a collection agency or attorney for the purpose of collecting a taxpayer's unpaid taxes and penalties and interest thereon, the account of the taxpayer shall be credited with the amounts of such unpaid taxes, penalties and interest actually collected by the collection agency or attorney before such amounts are reduced by the compensation paid by the commissioner to, or retained by, the collection agency or attorney for collection services provided pursuant to such agreement.

Sec. 76. Subdivision (7) of section 12-430 of the general statutes, as amended by public act 03-147, is amended by adding subparagraph (F) as follows (Effective from passage):

(NEW) (F) Not later than one hundred twenty days after the commencement of the contract, a nonresident contractor may petition the commissioner to furnish a guarantee bond in a sum equivalent to five per cent of the contract price, in lieu of the requirements contained in subparagraph (B) of this subdivision. The commissioner may grant such petition on such terms and conditions as the commissioner may require. The provisions of subparagraph (C) of this subdivision shall apply to such bond, upon completion of the contract, in the same manner as such provisions apply to the deposit under subparagraph (B) of this subdivision.

Sec. 77. Subsection (g) of section 32-9t of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(g) (1) The commissioner, upon consideration of the application, the revenue impact assessment and any additional information that the commissioner requires concerning a proposed investment, may approve an investment if the commissioner concludes that the project in which such investment is to be made is an eligible urban reinvestment project or an eligible industrial site investment project. If the commissioner rejects an application, the commissioner shall specifically identify the defects in the application and specifically explain the reasons for the rejection. The commissioner shall render a decision on an application not later than ninety days from its receipt. The amount of the investment so approved shall not exceed the greater of: (A) The amount of state revenue that will be generated according to the revenue impact assessment prepared under this subsection; or (B) the total of state revenue and local revenue generated according to such assessment in the case of a manufacturing business with standard industrial classification codes of 3999, 2099, 2992 and 2834 which is relocating to a site in Connecticut from out-of-state, provided the relocation will result in new development of at least seven hundred twenty-five thousand square feet in a state sponsored industrial park.

(2) The approval of an investment by the commissioner may be combined with the exercise of any of the commissioner's other powers, including, but not limited to, the provision of other forms of financial assistance.

(3) The commissioner shall require the applicant to reimburse the commissioner for all or any part of the cost of any revenue impact assessment [or] economic feasibility study [used in reviewing the application] or other activities performed in the exercise of due diligence pursuant to subsection (f) of this section.

(4) There is established an account to be known as the "Connecticut economic impact and analysis account" which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account and shall be held separate and apart from other moneys, funds and accounts. There shall be deposited in the account any proceeds realized by the state from activities pursuant to this section. Investment earnings credited to the account shall become part of the assets of the account. Any balance remaining in the account at the end of any fiscal year shall be carried forward in the account for the next fiscal year. Amounts in the account may be used by the Department of Economic and Community Development to fund the cost of any activities of the department pursuant to this section, including administrative costs related to such activities.

Sec. 78. (NEW) (Effective from passage and applicable to income years commencing on or after January 1, 2003) (a) As used in this section:

(1) "Affiliated group" has the same meaning as in Section 1504 of the Internal Revenue Code.

(2) "Interest expenses and costs" means amounts directly or indirectly allowed as deductions under Section 163 of the Internal Revenue Code.

(3) "Related member" means a person that, with respect to the taxpayer during all or any portion of the taxable year, is: (A) A related entity, as defined in this subsection, (B) a component member, as defined in Section 1563(b) of the Internal Revenue Code, (C) a person to or from whom there is attribution of stock ownership in accordance with Section 1563(e) of the Internal Revenue Code, other than a statutory business trust of which each beneficiary is not a related entity to the taxpayer, or (D) a person that, notwithstanding its form of organization, bears the same relationship to the taxpayer as a person described in subparagraphs (A) to (C), inclusive, of this subdivision.

(4) "Related entity" means (A) a stockholder who is an individual, or a member of the stockholder's family enumerated in Section 318 of the Internal Revenue Code, if the stockholder and the members of the stockholder's family own, directly, indirectly, beneficially or constructively, in the aggregate, at least fifty per cent of the value of the taxpayer's outstanding stock; (B) a stockholder, or a stockholder's partnership, limited liability company, estate, trust or corporation, if the stockholder and the stockholder's partnerships, limited liability companies, estates, trusts and corporations own directly, indirectly, beneficially or constructively, in the aggregate, at least fifty per cent of the value of the taxpayer's outstanding stock; or (C) a corporation, or a party related to the corporation in a manner that would require an attribution of stock from the corporation to the party or from the party to the corporation under the attribution rules of the Internal Revenue Code, if the taxpayer owns, directly, indirectly, beneficially or constructively, at least fifty per cent of the value of the corporation's outstanding stock. The attribution rules of the Internal Revenue Code shall apply for purposes of determining whether the ownership requirements of this subdivision have been met.

(b) For purposes of computing its net income under section 12-217 of the general statutes, a corporation shall add back otherwise deductible interest expenses and costs directly or indirectly paid, accrued or incurred to, or in connection directly or indirectly with one or more direct or indirect transactions with, one or more related members.

(c) The adjustments required in subsection (b) of this section shall not apply to an otherwise deductible interest expense or cost if the corporation establishes by clear and convincing evidence, as determined by the commissioner, that: (1) A principal purpose of the transaction giving rise to the payment of interest was not to avoid payment of taxes due under chapter 208 of the general statutes; (2) the interest is paid pursuant to a contract that reflects an arm's length rate of interest and terms; and (3) either (A) (i) the related member was subject to tax on its net income in this state or another state or possession of the United States or a foreign nation; (ii) a measure of said tax included the interest received from the corporation; and (iii) the rate of tax applied to the interest received by the related member is no less than the statutory rate of tax applied to the corporation under section 12-214 of the general statutes, as amended, without regard to subsection (b) of section 12-214 of the general statutes, as amended, minus three percentage points, or (B) the related member is a company subject to tax under chapter 207 of the general statutes or comparable tax under the laws of another state.

(d) The adjustments required in subsection (b) of this section shall not apply if (1) the corporation establishes by clear and convincing evidence, as determined by the commissioner, that the adjustments are unreasonable, (2) the corporation and the commissioner agree in writing to the application or use an alternative method of determining the combined measure of the tax, provided that the Commissioner of Revenue Services shall consider approval of such petition only in the event that the petitioners have clearly established to the satisfaction of said commissioner that there are substantial intercorporate business transactions among such included corporations and that the proposed alternative method of determining the combined measure of the tax accurately reflects the activity, business, income or capital of the taxpayers within the state, or (3) the corporation elects, on forms authorized for such purpose by the commissioner, to calculate its tax on a unitary basis including all members of the unitary group provided that there are substantial intercorporate business transactions among such included corporations. Such election to file on a unitary basis shall be irrevocable for and applicable for five successive income years. Nothing in this subdivision shall be construed to limit or negate the commissioner's authority to otherwise enter into agreements and compromises otherwise allowed by law.

(e) The adjustments required in subsection (b) of this section shall not apply if interest is paid to a related member located in a country with which the United States has a comprehensive income tax treaty.

(f) (1) Gross income, as defined in section 12-213 of the general statutes, as amended, shall not include any amount received or accrued from a related member that is added back to the preapportionment income of such related member pursuant to subsection (b) of this section.

(2) The receipts factor determined under section 12-218 or 12-218b of the general statutes shall not include any amount received or accrued from a related member that is added back to the preapportionment income of such related member pursuant to subsection (b) of this section.

(g) Nothing in this section shall require a corporation to add to its net income more than once any amount of interest expenses and costs that the corporation pays, accrues or incurs to a related member described in subsection (b) of this section.

(h) Nothing in this section shall be construed to limit or negate the commissioner's authority to make adjustments under section 12-221a or 12-226a of the general statutes.

Sec. 79. Section 12-242d of the general statutes is amended by adding subsection (i) as follows (Effective from passage):

(NEW) (i) For income years commencing on or after January 1, 2003, and prior to January 1, 2005, no addition to tax shall be imposed under subsection (c) of this section to the extent such underpayment was created or increased by section 78 of this act.

Sec. 80. Section 12-223f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to income years commencing on or after January 1, 2003):

Notwithstanding the provisions of sections 12-223a to 12-223e, inclusive, as amended, the tax due in relation to any corporations which have filed a combined return for any income year with other corporations for the tax imposed under this chapter in accordance with section 12-223a, as amended, shall be determined as follows: (1) The tax which would be due from each such corporation if it were filing separately under this chapter shall be determined, and the total for all corporations included in the combined return shall be added together; (2) the tax which would be jointly due from all corporations included in the combined return in accordance with the provisions of said sections 12-223a to 12-223e, inclusive, shall be determined; and (3) the total determined pursuant to subdivision (2) of this section shall be subtracted from the amount determined pursuant to subdivision (1) of this section. The resulting amount, in an amount not to exceed [twenty-five] two hundred fifty thousand dollars, shall be added to the amount determined to be due pursuant to said sections 12-223a to 12-223e, inclusive, as amended, and shall be due and payable as a part of the tax imposed pursuant to this chapter.

Sec. 81. Section 12-223a of the general statutes, as amended by section 90 of public act 03-1 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to income years commencing on or after January 1, 2003):

(a) [(1)] Any taxpayer included in a consolidated return with one or more other corporations for federal income tax purposes may elect to file a combined return under this chapter together with such other companies subject to the tax imposed thereunder as are included in the federal consolidated corporation income tax return [. Such combined] and such combined return shall be filed in such form and setting forth such information as the Commissioner of Revenue Services may require.

[(2)] Notice of an election made pursuant to the provisions of this subsection and consent to such election must be submitted in written form to the Commissioner of Revenue Services by each corporation so electing not later than the due date, or if an extension of time to file has been requested and granted, the extended due date of the returns due from the electing corporations for the initial income year for which the election to file a combined return is made. Such election shall be in effect for such initial income year and for each succeeding income years unless and until such election is revoked in accordance with the provisions of subsection [(f)] (d) of this section.

(b) Any taxpayer, other than a corporation filing a combined return with one or more other corporations under subsection (a) of this section, which owns or controls either directly or indirectly substantially all the capital stock of one or more corporations, or substantially all the capital stock of which is owned or controlled either directly or indirectly by one or more other corporations or by interests which own or control either directly or indirectly substantially all the capital stock of one or more other corporations, may, in the discretion of the Commissioner of Revenue Services, be required or permitted by written approval of the Commissioner of Revenue Services to make a return on a combined basis covering any such other corporations and setting forth such information as the Commissioner of Revenue Services may require, provided no combined return covering any corporation not subject to tax under this chapter shall be required unless the Commissioner of Revenue Services deems such a return necessary, because of intercompany transactions or some agreement, understanding, arrangement or transaction referred to in section 12-226a, in order properly to reflect the tax liability under this part.

[(c) (1) In the case of a combined return under this section, the tax shall be measured by (A) the sum of the separate net income or loss of each corporation included, to the extent that the income or loss of such included corporation is separately apportioned to Connecticut in accordance with the provisions of this chapter, or (B) the separate minimum tax base of each corporation included but only to the extent that said minimum tax base of such included corporation is separately apportioned to Connecticut in accordance with the provisions of section 12-219a, whichever is larger. In computing said net income or loss, intercorporate dividends shall be eliminated, and in computing said minimum tax base, intercorporate stockholdings shall be eliminated. ]

(c) (1) (A) In the case of a combined return, the tax shall be measured by the sum of the separate net income or loss of each corporation included or the minimum tax base of the included corporations but only to the extent that said income, loss or minimum tax base of any included corporation is separately apportioned to Connecticut in accordance with the provisions of section 12-218, 12-218b, 12-219a or 12-244, whichever is applicable. In computing said net income or loss, intercorporate dividends shall be eliminated, and in computing the combined additional tax base, intercorporate stockholdings shall be eliminated.

[(2)] (B) In computing said net income or loss, any intangible expenses and costs, as defined in section 12-218c, any interest expenses and costs, as defined in section 12-218c, and any income attributable to such intangible expenses and costs or to such interest expenses and costs shall be eliminated, provided the corporation that is required to make adjustments under section 12-218c for such intangible expenses and costs or for such interest expenses and costs, and the related member or members, as defined in section 12-218c, are included in such combined return. If any such income and any such expenses and costs are eliminated as provided in this [subdivision] subparagraph, the intangible property, as defined in section 12-218c, of the corporation eliminating such income shall not be taken into account in apportioning under the provisions of section 12-219a the [minimum] tax [base] calculated under subsection (a) of section 12-219 of such corporation.

[(d)] (2) If the method of determining the combined measure of such tax in accordance with this subsection [(c) of this section] for two or more affiliated companies validly electing to file a combined return under the provisions of subsection (a) of this section is deemed by such companies to unfairly attribute an undue proportion of their total income or minimum tax base to this state, said companies may submit a petition in writing to the Commissioner of Revenue Services for approval of an alternate method of determining the combined measure of their tax not later than sixty days prior to the due date of the combined return to which the petition applies, determined with regard to any extension of time for filing such return, and said commissioner shall grant or deny such approval before said due date. In deciding whether or not the companies included in such combined return should be granted approval to employ the alternate method proposed in such petition, the Commissioner of Revenue Services shall consider approval only in the event that the petitioners have clearly established to the satisfaction of said commissioner that all the companies included in such combined return are, in substance, parts of a unitary business engaged in a single business enterprise [,] and further that there are substantial intercorporate business transactions among such included companies. [and that the proposed alternate method of determining the combined measure of the tax accurately reflects the activity, business, income or capital of the taxpayers within the state. ]

[(e)] (3) Upon the filing of a combined return under subsection (a) or (b) of this section, combined returns shall be filed for all succeeding income years or periods for those corporations reporting therein, provided, in the case of corporations filing under subsection (a) of this section, such corporations are included in a federal consolidated corporation income tax return filed for the succeeding income years and, in the case of a corporation filing under subsection (b) of this section, the aforesaid ownership or control continues in full force and effect and is not extended to other corporations, and further, provided no substantial change is made in the nature or locations of the operations of such corporations.

[(f)] (d) Notwithstanding the provisions of subsections (a) and [(e)] (c) of this section, any taxpayer which has elected to file a combined return under this chapter as provided in said subsection (a), [of this section,] may subsequently revoke its election to file a combined corporation business tax return and elect to file a separate corporation business tax return under this chapter, although continuing to be included in a federal consolidated corporation income tax return with other companies subject to tax under this chapter, provided such election shall not be effective before the fifth income year immediately following the initial income year in which the corporation elected to file a combined return under this chapter. Notice of an election made pursuant to the provisions of this subsection and consent to such election must be submitted in written form to the Commissioner of Revenue Services by each corporation that had been included in such combined return not later than the due date, or if an extension of time to file has been requested and granted, extended due date of the separate returns due from the electing corporations for the initial income year for which the election to file separate returns is made. The election to file separate returns shall be irrevocable for and applicable for five successive income years.

Sec. 82. (Effective from passage) (a) There is established a commission to work in conjunction with the Rhode Island commission established in house resolution 6539 and senate resolution 1159 of the January 2003 session of the Rhode Island General Assembly. The commission shall (1) determine the boundary line between the state of Rhode Island and this state from the mouth of the Ashaway River north to the Massachusetts border, and (2) designate the boundary line by suitable monuments or buoys at such places as deemed necessary. The commission may enter into a memorandum agreement in accordance with this section.

(b) The commission shall consist of the following members:

(1) One appointed by the speaker of the House of Representatives;

(2) One appointed by the president pro tempore of the Senate;

(3) One appointed by the majority leader of the House of Representatives;

(4) One appointed by the majority leader of the Senate;

(5) One appointed by the minority leader of the House of Representatives;

(6) One appointed by the minority leader of the Senate; and

(7) One appointed by the Governor.

(c) Any member of the commission appointed under subdivision (1), (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member of the General Assembly.

(d) All appointments to the commission shall be made no later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.

(e) The commission shall select a chairperson from among its members. The chairperson shall schedule the first meeting of the commission, which shall be held no later than sixty days after the effective date of this section.

(f) The members of the commission shall serve without compensation except for necessary expenses incurred in the performance of their duties.

(g) The office of the Attorney General and the Department of Transportation shall provide administrative and technical assistance to the commission upon request.

(h) The commission may enter into a memorandum agreement with the Rhode Island commission to establish and settle the location of the boundary line between the two states from the mouth of the Ashaway River north to the Massachusetts border. The chairperson of the commission shall sign the memorandum agreement to certify that a majority of the commission members have voted to approve the memorandum agreement. Not later than thirty days after the memorandum agreement is completed and signed, the commission shall submit the memorandum agreement and a report on its findings and recommendations to the clerks of the House of Representatives and the Senate.

(i) The General Assembly may ratify the memorandum agreement. The memorandum agreement shall only become effective when ratified by the General Assembly of this state and the Rhode Island General Assembly.

(j) The commission shall terminate on the date that its memorandum agreement is ratified by the General Assembly of this state and the Rhode Island General Assembly.

Sec. 83. (NEW) (Effective January 1, 2004) As used in sections 83, 86 and 90 of this act, "election for federal office" means an election for electors of president and vice-president, an election or primary for United States Senator and an election or primary for Representative in Congress.

Sec. 84. (NEW) (Effective January 1, 2004) The moderator of the election in each voting district shall appear at the office of the town clerk not later than eight o'clock p. m. of the day before an election for federal office. At such time, the town clerk shall provide a provisional ballot packet to such moderator or moderators. Each packet shall include: (1) The appropriate number of provisional ballots for federal office provided by the Secretary of the State, which shall be equal to not less than one per cent of the number of electors who are eligible to vote in the voting district served by the moderator, or such other number as the municipal clerk and the registrars agree is sufficient to protect electors' voting rights, (2) the appropriate number of serially-numbered envelopes prescribed by the Secretary, (3) a provisional ballot inventory form, (4) a provisional ballot depository envelope, and (5) other necessary forms prescribed by the Secretary.

Sec. 85. (NEW) (Effective January 1, 2004) The Secretary of the State shall prescribe and provide to town clerks the provisional ballot which shall be a ballot of candidates for federal office. The Secretary may prescribe that the provisional ballot be the overseas ballot prepared under section 9-158i of the general statutes.

Sec. 86. (NEW) (Effective January 1, 2004) (a) An individual may apply for and be issued a provisional ballot if (1) the individual appears at the polling place and declares that such individual is an elector in the town in which the individual desires to vote and that the individual is eligible to vote in the primary or election for federal office in the polling place, but the name of the individual does not appear on the official registry list for such polling place, and (2) the registrars determine that such name cannot be restored under section 9-42 of the general statutes, as amended by this act, or transferred from another polling place under section 9-35 of the general statutes, as amended by this act.

(b) If the moderator decides that an elector, whose name appears on the registry list and who has been challenged pursuant to sections 9-232 to 9-232f, inclusive, of the general statutes is not eligible to vote in the primary or election for federal office, such elector may apply for and cast a provisional ballot upon the execution of a written affirmation by the elector at the polling place affirming that the elector is qualified to vote in the election or primary for federal office in the polling place and has neither offered himself to vote nor voted in person or by absentee ballot at said election or primary for federal office at the polling place.

(c) Such application for provisional ballot shall be prescribed by the Secretary of the State, executed before an election official and include a written affirmation, under penalty of false statement in absentee balloting pursuant to section 9-359a of the general statutes, which shall be in the form substantially as follows:

AFFIRMATION: I, the undersigned, do hereby state, under penalties of false statement, that:

1. I am an elector in the town indicated.

2. I am eligible to vote in the election or primary indicated for federal office today in the town and polling place indicated.

3. a. My name does not appear on the official list of eligible voters for the polling place indicated, and the polling place officials called the registrars of voters and were told that my name did not appear on the active registry list for this town for at least one of the four years previous or on one of the preliminary active registry lists for this year; or

b. The moderator decided that I am not eligible to vote for federal office in the town indicated for the reason of disfranchisement, lack of identity, lack of bona fide residence or failure to present the prescribed identification required for new electors after January 1, 2003, indicated.

4. My residence address is located in the voting district that this polling place serves.

5. I have not voted and I will not vote otherwise than by this ballot in person or by absentee ballot at this election or primary for federal office.

6. I apply for a provisional ballot for federal office.

Sec. 87. (NEW) (Effective January 1, 2004) Upon receipt of an application for provisional ballot, the moderator shall provide the applicant with a provisional ballot and a serially-numbered envelope and shall make a record of such issuance on the provisional ballot inventory form. The applicant shall forthwith mark the ballot in the presence of a polling place official in such manner that the official shall not know how the ballot is marked. The applicant shall then fold the ballot in the presence of the polling place official so as to conceal the markings and deposit and seal it in the serially-numbered envelope in the manner prescribed by the Secretary of the State. The polling place official shall provide such documentation to the elector so the elector may later verify whether the elector's provisional ballot was counted, and shall deposit the provisional ballot and envelope in the provisional ballot depository envelope. The elector shall then immediately leave the room. The registrars of voters shall provide a free access system restricted to the elector who cast the ballot to verify if the provisional ballot was counted, and if the ballot was not counted, the reason that the ballot was not counted.

Sec. 88. (NEW) (Effective January 1, 2004) Immediately after the close of the polls, the moderator shall seal the provisional ballot depository envelope and deliver such envelope to the registrars of voters of the town. The registrars of voters shall forthwith verify the information contained with each provisional ballot. If the registrars of voters determine that the applicant is eligible to vote, they shall note their decision on the outer envelope of the ballot and open and count the provisional ballot in accordance with the provisions of sections 55 to 61, inclusive, of this act and procedures prescribed by the Secretary of the State. If the registrars of voters are unable to determine that the applicant is eligible to vote or determine that the applicant is not eligible to vote, the applicant's provisional ballot sealed envelope shall be marked "rejected", along with the reason for such rejection, and signed by the registrars of voters. The registrars of voters shall verify and count all provisional ballots in their town not later than six days after the election or primary. The registrars of voters shall forthwith prepare and sign in duplicate a report showing the number of provisional ballots received from electors, the number rejected and the number counted, and showing the additional votes counted for each candidate for federal office on the provisional ballots. The registrars of voters shall file one report with the town clerk and shall seal one in the depository envelope with the provisional ballots and file such depository envelope with the town clerk. The depository envelope shall be preserved by the town clerk for the period of time required to preserve counted absentee ballots for federal elections. The head moderator shall forthwith file a corrected return for federal offices with the town clerk and the Secretary showing (1) the final votes after any recanvass, pursuant to sections 9-311 to 9-311b, inclusive, of the general statutes, the votes on provisional ballots and the totals, and (2) the number of provisional ballots received from electors, the number rejected and the number counted, as reported by the registrars of voters.

Sec. 89. (NEW) (Effective January 1, 2004) Except as otherwise provided by the general statutes and sections 83 to 90, inclusive, of this act, the provisions of the general statutes concerning procedures relating to counting absentee ballots shall apply as nearly as may be, in the manner prescribed by the Secretary of the State, to counting the provisional ballots under sections 83 to 89, inclusive, of this act.

Sec. 90. (NEW) (Effective January 1, 2004) (a) On or after January 1, 2003, any person who is applying, by mail, to register to vote for the first time in this state may submit as part of such voter registration application: (1) A copy of a current and valid photo identification, (2) a copy of a current utility bill, bank statement, government check, paycheck or government document that shows the name and address of the voter, (3) a valid Connecticut motor vehicle operator's license number, or (4) the last four digits of the individual's Social Security number. Members of the armed forces and persons entitled to use the federal post card application for absentee ballots under section 9-153a of the general statutes, as amended by this act, are not required to provide identification when registering by mail.

(b) If an individual submits such information pursuant to this section as part of the individual's voter registration application and, with respect to subdivision (3) or (4) of subsection (a) of this section, the registrars of voters are able to match the information submitted with an existing Connecticut identification record bearing the same number, name and date of birth as provided, such individual shall not be required to produce identification when voting in person or by absentee ballot and may sign a statement as described in subparagraph (B) of subdivision (2) of subsection (a) of section 9-261 of the general statutes, as amended by this act, in lieu of presenting identification when voting in person.

(c) Any additional documentation submitted as part of the voter registration application pursuant to this section may be destroyed by the registrars of voters after verification pursuant to the Help America Vote Act, P. L. 107-252, as amended from time to time.

(d) If an individual described in subsection (a) of this section does not submit the identification described in subsection (a) of this section as part of the individual's application for admission as an elector, when the individual has entered the polling place in an election for federal office, the individual shall present: (1) A current and valid photo identification, or (2) a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter. If an individual does not meet the requirements of this subsection in an election for federal office, such individual may cast a provisional ballot prescribed under sections 83 to 89, inclusive, of this act.

(e) If an individual described in subsection (a) of this section does not submit the identification described in subsection (a) of this section as part of the individual's application for admission as an elector, and if the individual votes by absentee ballot in an election for federal office, the individual shall enclose in the outer absentee ballot envelope, and not in the inner envelope with the ballot: (1) A copy of a current and valid photo identification, or (2) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. If an individual does not meet the requirements of this subsection in an election for federal office, such individual's absentee ballot shall be processed in accordance with the provisions of subdivision (2) of subsection (d) of section 9-150a of the general statutes, as amended by this act, and treated as a provisional ballot for federal office only, pursuant to sections 83 to 89, inclusive, of this act.

Sec. 91. Subsection (e) of section 9-23g of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004):

(e) A registration application filed under this section shall be rejected if the application (1) has not been signed or dated by the applicant or the authorized agent of the applicant pursuant to subsection (b) of this section, (2) does not indicate the applicant's date of birth or bona fide residence, (3) does not indicate United States citizenship, provided the registrars of voters have contacted such applicant to provide an opportunity to answer such question, or (4) is determined by the Secretary of the State to be substantially defective. No registration application filed under this section shall be rejected if the application fails to provide the applicant's Social Security number or the zip code of the applicant's bona fide residence.

Sec. 92. Section 9-23h of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004):

The application provided for in section 9-23g, as amended by this act, shall provide spaces for the following information for each applicant: (1) Name, (2) bona fide residence, including street number, street address, apartment number if applicable, town and zip code, (3) telephone number, (4) date of birth, (5) whether the applicant is registered as an elector in any other town in the state of Connecticut or in any other state, and if so, the applicant's last previous voting residence, (6) whether the applicant is a United States citizen, (7) whether the applicant will be eighteen years of age on or before election day, (8) party affiliation, if any, [and (8)] (9) the applicant's signature and date of signature, and (10) the applicant's Connecticut motor vehicle operator's license number or, if none, the last four digits of the applicant's Social Security number. The spaces for the applicant's telephone number and party affiliation shall indicate that such information does not have to be provided. The spaces regarding United States citizenship and whether the applicant will be eighteen years of age on or before election day shall indicate that if the applicant answers "No" to either question, the applicant may not complete the voter registration form. No Social Security number on any such form filed prior to January 1, 2000, may be disclosed to the public or to any governmental agency. The application shall contain a notice that if the applicant does not receive a notice of acceptance or rejection of the application from the office of the registrars of voters for the municipality in which the applicant resides, the applicant should contact said office. The application shall also contain any other information, questions or instructions prescribed by the Secretary of the State.

Sec. 93. Subsections (d) and (e) of section 9-35 of the general statutes are repealed and the following is substituted in lieu thereof (Effective January 1, 2004):

(d) The registrars shall enter the names on such list by street and number of the house, when the houses are numbered, so that there shall be entered on the list first, the street, avenue or road; second, the number of the house or residence in numerical order or, if the registrars of any town find it more convenient, by odd and even numbers in numerical order; and third, the names of the electors in such house in alphabetical order. The names of any electors who cannot be so listed shall be listed alphabetically in the voting district wherein any such elector is a bona fide resident. The registrars of voters may consecutively number the names on the registry list, [or] may include voter identification numbers for the names on the registry list, and may include a mark, as prescribed by the Secretary of the State, next to the name of each first-time registrant on the system who registers to vote on or after January 1, 2003, and does not provide identification with his or her mail-in voter registration application as provided in the Help America Vote Act, P.L. 107-252, as amended from time to time, provided such list shall comply in all respects with the requirements of law other than for the addition of such numbers and marks. The registrars shall not use Social Security numbers for any such voter identification numbers.

(e) In any case in which the registrars have obtained reliable information of an elector's change of address within the municipality, they shall enter the name of such elector on the registry list at the place where the elector then resides, provided, if such reliable information is the National Change of Address System of the United States Postal Service, the registrar shall change the registry list and send the elector a notice of the change by forwardable mail and a postage prepaid preaddressed return form by which the elector may verify or correct the address information. If during the canvass the registrars determine that an elector has moved out of town and such elector has not confirmed in writing that the elector has moved out of the town, the registrars shall, not later than May first, send to the elector, by forwardable mail, a notice required by the National Voter Registration Act of 1993, P. L. 103-31, as amended from time to time, together with a postage prepaid preaddressed return card on which the elector may state the elector's current address. In the year of a presidential preference primary, the registrars shall send such notice not earlier than the date of such primary. If the registrar does not receive the return card within thirty days after it is sent, the elector's name, including the name of an elector who has not voted in two consecutive federal elections, shall be placed on the inactive registry list for four years. At the expiration of such period of time on the inactive registry list, such name shall be removed from the registry list. If such elector applies to restore the elector's name to the active registry list or votes during such period, the elector's name shall be restored to the active registry list. Such registrars shall retain a duplicate copy or record of each such notice in their office or, if they do not have a permanent office, in the office space provided under section 9-5a, and shall note on such duplicate copy or record the date on which such notice was mailed. In each municipality, any elector, upon change of residence within the municipality, may cause the elector's registration to be transferred to the elector's new address by presenting to the registrars a signed request therefor, stating the elector's present address, the date the elector moved to such address and the address at which the elector was last registered. The registrars shall thereupon enter the elector's name on the list at the elector's new residence; provided no transfer of registration shall be made on the registry list on election day without the consent of both registrars.

Sec. 94. Subsection (c) of section 9-42 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004):

(c) The registrars of voters shall cause the inactive registry list compiled under section 9-35, as amended by this act, to be completed and printed and deposited in the town clerk's office and shall provide a sufficient number of copies for use in the polling place on election day. If on election day the name of an elector appears on such inactive registry list, including the name of an elector who has not responded to a confirmation of voting residence notice under subsection (e) of section 9-35, as amended by this act, and has not voted in two consecutive federal elections, such name shall be added to the active registry list upon written affirmation signed by the elector, under penalties of false statement, before an election official at the polling place, that such elector is still a bona fide resident of such town, and upon the consent of both registrars or assistant registrars, as the case may be, in the polls.

Sec. 95. Section 9-140a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004):

Each absentee ballot applicant shall sign the form on the inner envelope provided for in section 9-137, which shall constitute a statement under the penalties of false statement in absentee balloting. Any absentee ballot applicant who is unable to write may cause his name to be signed on the form by an authorized agent who shall, in the space provided for the signature, write the name of the applicant followed by the word "by" and his own signature. The failure of the applicant or authorized agent to date the form shall not invalidate the ballot. The ballot shall be inserted in the inner envelope, and the inner envelope shall be inserted in the outer envelope, prior to the return of the ballot to the municipal clerk. If an applicant is required to return identification with the ballot pursuant to the Help America Vote Act, P.L. 107-252, as amended from time to time, such identification shall be inserted in the outer envelope so such identification can be viewed without opening the inner envelope.

Sec. 96. Subsection (a) of section 9-140b of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004):

(a) An absentee ballot shall be cast at a primary, election or referendum only if: (1) It is mailed by (A) the ballot applicant, (B) a designee of a person who applies for an absentee ballot because of illness or physical disability, or (C) a member of the immediate family of an applicant who is a student, so that it is received by the clerk of the municipality in which the applicant is qualified to vote not later than the close of the polls; (2) it is returned by the applicant in person to the clerk by the day before a regular election, special election or primary or prior to the opening of the polls on the day of a referendum; (3) it is returned by a designee of an ill or physically disabled ballot applicant, in person, to said clerk not later than the close of the polls on the day of the election, primary or referendum; (4) it is returned by a member of the immediate family of the absentee voter, in person, to said clerk not later than the close of the polls on the day of the election, primary or referendum; [or] (5) in the case of a presidential or overseas ballot, it is mailed or otherwise returned pursuant to the provisions of section 9-158g; or (6) it is returned with the proper identification as required by the Help America Vote Act, P.L. 107-252, as amended from time to time, if applicable, inserted in the outer envelope so such identification can be viewed without opening the inner envelope. A person returning an absentee ballot to the municipal clerk pursuant to subdivision (3) or (4) of this subsection shall present identification and, on the outer envelope of the absentee ballot, sign his name in the presence of the municipal clerk, and indicate his address, his relationship to the voter or his position, and the date and time of such return. As used in this section, "immediate family" means a dependent relative who resides in the individual's household or any spouse, child or parent of the individual.

Sec. 97. Subsection (d) of section 9-150a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004):

(d) (1) If the statement on the inner envelope has not been signed as required by section 9-140a, as amended by this act, such inner envelope shall not be opened nor the ballot removed therefrom, and such inner envelope shall be replaced in the opened outer envelope which shall be marked "Rejected" and the reason therefor endorsed thereon by the counters. (2) If such statement is signed but the individual completing the ballot is an individual described in subsection (a) of section 90 of this act and has not met the requirements of subsection (e) of section 90 of this act, the counters shall replace the ballot in the opened inner envelope, replace the inner envelope in the opened outer envelope and mark "Rejected as an Absentee Ballot" and endorse the reason for such rejection on the outer envelope, and the ballot shall be treated as a provisional ballot for federal offices only, pursuant to sections 83 to 89, inclusive, of this act.

Sec. 98. Subsection (a) of section 9-158e of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004):

(a) A person applying for a presidential ballot in person shall present: (1) A current and valid photo identification, or (2) a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter. The application for a presidential ballot by mail shall be accompanied by: (A) A copy of a current and valid photo identification, or (B) a copy of a current utility bill, bank statement, government check, paycheck or government document that shows the name and address of the voter. Upon receipt of an application for a presidential ballot under sections 9-158a to 9-158m, inclusive, the clerk, if satisfied that the application is proper and that the applicant is qualified to vote under said sections, shall forthwith give or mail to the applicant, as the case may be, a ballot for presidential and vice-presidential electors for use at the election and instructions and envelopes for its return. At such time the clerks shall also mail a duplicate of the application to the appropriate official of [(1)] (i) the state or the town in this state in which the applicant last resided in the case of an applicant who is a resident, or [(2)] (ii) the state or the town in this state in which the applicant now resides in the case of an applicant who is a former resident.

Sec. 99. Section 9-232f of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004):

The town clerk shall preserve such ballots in the sealed envelopes for a period of one hundred eighty days after the election. However, in the case of a contested election, either party to such action may request the court to order that the sealed envelopes containing challenged ballots be delivered to the board of admissions by the town clerk together with any memorandum or remarks which were attached to the election returns or required to be so attached. If so ordered, the board of admissions shall then convene and consider each challenged ballot and rule as to which ballots shall be counted. The results thereof shall be added to the vote totals. Federal offices shall not be counted on a challenged ballot that was issued to a person who was also issued a provisional ballot.

Sec. 100. Section 9-236b of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004):

(a) The Secretary of the State shall provide each municipality with sufficient quantities of a poster size copy, at least eighteen by twenty-four inches, of a Voter's Bill of Rights, which shall be posted conspicuously at each polling place. The text of the Voter's Bill of Rights shall be:

"VOTER'S BILL OF RIGHTS

Every registered voter in this state has the right to:

(1) Inspect a sample ballot before voting;

(2) Receive instructions concerning how to operate voting equipment, on sample voting equipment before voting;

(3) Cast a ballot if the voter is in line when the polls are closing;

(4) Ask for and receive assistance in voting, including assistance in languages other than English where required by federal or state law;

(5) Vote free from coercion or intimidation by election officials or any other person; and

(6) Cast a ballot using voting equipment that accurately counts all votes. "

(b) In any municipality or voting district where federal or state law requires ballots to be made available in a language or languages other than English, the Voter's Bill of Rights shall also be made available in such language or languages.

(c) Sample ballots shall be made available at all polling places, and any voter shall be permitted to inspect a sample ballot before voting.

(d) Any voter standing in line at a polling place at the time when polls are scheduled to close shall be permitted to vote.

(e) For use at elections for federal office, the Secretary of the State shall prescribe and the municipal clerk shall provide for all polling places in the municipality: (1) Instructions on how to cast a provisional ballot, (2) instructions for mail-in registrants and first-time voters who register to vote by mail on or after January 1, 2003, (3) general information concerning voting rights under federal and Connecticut laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated, and (4) general information on federal and state laws concerning prohibitions on acts of fraud and misrepresentation.

Sec. 101. Subsection (a) of section 9-261 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004):

(a) In each primary, election or referendum, when an elector has entered the polling place, [he] the elector shall [(1)] announce [his] the elector's street address, if any, and [his] the elector's name to the checkers in a tone sufficiently loud and clear as to enable all the election officials present to hear the same. [and (2) (A)] Each elector who registered to vote by mail for the first time on or after January 1, 2003, and has a "mark" next to the elector's name on the official registry list, as required by section 91 of this act, shall present to the checkers, before the elector votes, either a current and valid photo identification that shows the elector's name and address or a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the elector. Each other elector shall (1) present to the checkers [his] the elector's Social Security card or any other preprinted form of identification which shows [his] the elector's name and either [his] the elector's address, signature or photograph, or [(B)] (2) on a form prescribed by the Secretary of the State, write the elector's residential address and date of birth, print the elector's name and sign a statement under penalty of false statement [, on a form prescribed by the Secretary of the State, that he] that the elector is the elector whose name appears on the official checklist. [Each of] Such form shall clearly state the penalty of false statement. A separate such form shall be used for each elector. If the elector presents a preprinted form of identification under subdivision (1) of this subsection, the checkers shall check the name of such elector on the official checklist. If the elector completes the form under subdivision (2) of this subsection, the assistant registrar of voters shall examine the information on such form and either instruct the checkers to check the name of such elector on the official checklist or notify the elector that the form is incomplete or inaccurate.

Sec. 102. Subsection (j) of section 9-437 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004):

(j) All ballot labels used at a primary shall be prepared by the clerk of the municipality in which such primary is held and shall be printed at the expense of the municipality. Each municipality shall provide for all polling places:

(1) At least forty-eight hours before the primary, such clerk shall have sample ballot labels for general distribution, which [sample labels] shall be arranged in the form of a diagram showing the entire front of the voting machine as it will appear after the official ballot labels are arranged for voting on the day of the primary or that portion thereof that will contain the offices or positions and names of candidates to be voted upon. Each such sample ballot label shall also include printed instructions approved by the Secretary of the State concerning the use of the voting machine and information concerning the date of the primary and the hours during which polling places will be open. Such clerk shall have available for distribution such number of sample ballot labels as he deems advisable, but in no event less than three which shall be posted inside the polling place so as to be visible to those within the polling place during the whole day of the primary. At least one of such sample ballot labels shall be posted so as to be visible to an elector being instructed on the demonstrator or spare voting machine, pursuant to section 9-260. If paper ballots are used in any primary, such sample paper ballots shall be overprinted with the word "Sample";

(2) Instructions on how to cast a provisional ballot, as prescribed by the Secretary of the State;

(3) Instructions for mail-in registrants and first-time voters who register to vote by mail on or after January 1, 2003, as prescribed by the Secretary of the State;

(4) General information concerning voting rights under federal and Connecticut laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if such rights are alleged to have been violated, as prescribed by the Secretary of the State; and

(5) General information on federal and state laws concerning prohibitions on acts of fraud and misrepresentation, as prescribed by the Secretary of the State.

Sec. 103. Section 9-12 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2004):

(a) Each citizen of the United States who has attained the age of eighteen years, and who is a bona fide resident of the town to which [he] the citizen applies for admission as an elector shall, on approval by the registrars of voters or town clerk of the town of residence of such citizen, as prescribed by law, be an elector, except as provided in subsection (b) of this section. For purposes of this section a person shall be deemed to have attained the age of eighteen years on the day of [his] the person's eighteenth birthday. No mentally incompetent person shall be admitted as an elector.

(b) Any citizen who [has attained the age of seventeen years] will have attained the age of eighteen years on or before the day of a regular election may apply for admission as an elector. If such citizen is found to be qualified [he] the citizen shall become an elector on the day of [his] the citizen's eighteenth birthday. The registrars shall add the name of any person applying under this subsection, if found qualified, to the registry list and, if applicable, to the enrollment list, together with the effective date of his registration. The registrars may place the name of each such person at the end of the registry and enrollment lists for the voting district.

Sec. 104. Subsections (b) to (d), inclusive, of section 1-210 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Nothing in the Freedom of Information Act shall be construed to require disclosure of:

(1) Preliminary drafts or notes provided the public agency has determined that the public interest in withholding such documents clearly outweighs the public interest in disclosure;

(2) Personnel or medical files and similar files the disclosure of which would constitute an invasion of personal privacy;

(3) Records of law enforcement agencies not otherwise available to the public which records were compiled in connection with the detection or investigation of crime, if the disclosure of said records would not be in the public interest because it would result in the disclosure of (A) the identity of informants not otherwise known or the identity of witnesses not otherwise known whose safety would be endangered or who would be subject to threat or intimidation if their identity was made known, (B) signed statements of witnesses, (C) information to be used in a prospective law enforcement action if prejudicial to such action, (D) investigatory techniques not otherwise known to the general public, (E) arrest records of a juvenile, which shall also include any investigatory files, concerning the arrest of such juvenile, compiled for law enforcement purposes, (F) the name and address of the victim of a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, or injury or risk of injury, or impairing of morals under section 53-21, or of an attempt thereof, or (G) uncorroborated allegations subject to destruction pursuant to section 1-216;

(4) Records pertaining to strategy and negotiations with respect to pending claims or pending litigation to which the public agency is a party until such litigation or claim has been finally adjudicated or otherwise settled;

(5) (A) Trade secrets, which for purposes of the Freedom of Information Act, are defined as information, including formulas, patterns, compilations, programs, devices, methods, techniques, processes, drawings, cost data, or customer lists that (i) derive independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from their disclosure or use, and (ii) are the subject of efforts that are reasonable under the circumstances to maintain secrecy; and

(B) Commercial or financial information given in confidence, not required by statute;

(6) Test questions, scoring keys and other examination data used to administer a licensing examination, examination for employment or academic examinations;

(7) The contents of real estate appraisals, engineering or feasibility estimates and evaluations made for or by an agency relative to the acquisition of property or to prospective public supply and construction contracts, until such time as all of the property has been acquired or all proceedings or transactions have been terminated or abandoned, provided the law of eminent domain shall not be affected by this provision;

(8) Statements of personal worth or personal financial data required by a licensing agency and filed by an applicant with such licensing agency to establish the applicant's personal qualification for the license, certificate or permit applied for;

(9) Records, reports and statements of strategy or negotiations with respect to collective bargaining;

(10) Records, tax returns, reports and statements exempted by federal law or state statutes or communications privileged by the attorney-client relationship;

(11) Names or addresses of students enrolled in any public school or college without the consent of each student whose name or address is to be disclosed who is eighteen years of age or older and a parent or guardian of each such student who is younger than eighteen years of age, provided this subdivision shall not be construed as prohibiting the disclosure of the names or addresses of students enrolled in any public school in a regional school district to the board of selectmen or town board of finance, as the case may be, of the town wherein the student resides for the purpose of verifying tuition payments made to such school;

(12) Any information obtained by the use of illegal means;

(13) Records of an investigation or the name of an employee providing information under the provisions of section 4-61dd;

(14) Adoption records and information provided for in sections 45a-746, 45a-750 and 45a-751;

(15) Any page of a primary petition, nominating petition, referendum petition or petition for a town meeting submitted under any provision of the general statutes or of any special act, municipal charter or ordinance, until the required processing and certification of such page has been completed by the official or officials charged with such duty after which time disclosure of such page shall be required;

(16) Records of complaints, including information compiled in the investigation thereof, brought to a municipal health authority pursuant to chapter 368e or a district department of health pursuant to chapter 368f, until such time as the investigation is concluded or thirty days from the date of receipt of the complaint, whichever occurs first;

(17) Educational records which are not subject to disclosure under the Family Educational Rights and Privacy Act, 20 USC 1232g;

(18) Records, the disclosure of which the Commissioner of Correction, or as it applies to Whiting Forensic Division facilities of the Connecticut Valley Hospital, the Commissioner of Mental Health and Addiction Services, has reasonable grounds to believe may result in a safety risk, including the risk of harm to any person or the risk of an escape from, or a disorder in, a correctional institution or facility under the supervision of the Department of Correction or Whiting Forensic Division facilities. Such records shall include, but are not limited to:

(A) Security manuals, including emergency plans contained or referred to in such security manuals;

(B) Engineering and architectural drawings of correctional institutions or facilities or Whiting Forensic Division facilities;

(C) Operational specifications of security systems utilized by the Department of Correction at any correctional institution or facility or Whiting Forensic Division facilities, except that a general description of any such security system and the cost and quality of such system may be disclosed;

(D) Training manuals prepared for correctional institutions and facilities or Whiting Forensic Division facilities that describe, in any manner, security procedures, emergency plans or security equipment;

(E) Internal security audits of correctional institutions and facilities or Whiting Forensic Division facilities;

(F) Minutes or recordings of staff meetings of the Department of Correction or Whiting Forensic Division facilities, or portions of such minutes or recordings, that contain or reveal information relating to security or other records otherwise exempt from disclosure under this subdivision;

(G) Logs or other documents that contain information on the movement or assignment of inmates or staff at correctional institutions or facilities; and

(H) Records that contain information on contacts between inmates, as defined in section 18-84, and law enforcement officers;

(19) Records when there are reasonable grounds to believe disclosure may result in a safety risk, including the risk of harm to any person, any government-owned or leased institution or facility or any fixture or appurtenance and equipment attached to, or contained in, such institution or facility, except that such records shall be disclosed to a law enforcement agency upon the request of the law enforcement agency. Such reasonable grounds shall be determined (A) with respect to records concerning any executive branch agency of the state or any municipal, district or regional agency, by the Commissioner of Public Works, after consultation with the chief executive officer of the agency; (B) with respect to records concerning Judicial Department facilities, by the Chief Court Administrator; and (C) with respect to records concerning the Legislative Department, by the executive director of the Joint Committee on Legislative Management. As used in this section, "government-owned or leased institution or facility" includes, but is not limited to, an institution or facility owned or leased by a public service company, as defined in section 16-1, as amended, a certified telecommunications provider, as defined in section 16-1, as amended, a water company, as defined in section 25-32a, or a municipal utility that furnishes electric, gas or water service, but does not include an institution or facility owned or leased by the federal government, and "chief executive officer" includes, but is not limited to, an agency head, department head, executive director or chief executive officer. Such records include, but are not limited to:

(i) Security manuals or reports;

(ii) Engineering and architectural drawings of government-owned or leased institutions or facilities;

(iii) Operational specifications of security systems utilized at any government-owned or leased institution or facility, except that a general description of any such security system and the cost and quality of such system, may be disclosed;

(iv) Training manuals prepared for government-owned or leased institutions or facilities that describe, in any manner, security procedures, emergency plans or security equipment;

(v) Internal security audits of government-owned or leased institutions or facilities;

(vi) Minutes or records of meetings, or portions of such minutes or records, that contain or reveal information relating to security or other records otherwise exempt from disclosure under this subdivision;

(vii) Logs or other documents that contain information on the movement or assignment of security personnel at government-owned or leased institutions or facilities; [and]

(viii) Emergency plans and emergency recovery or response plans; and

(ix) With respect to a water company, as defined in section 25-32a, that provides water service: Vulnerability assessments and risk management plans, operational plans, portions of water supply plans submitted pursuant to section 25-32d, as amended, that contain or reveal information the disclosure of which may result in a security risk to a water company, inspection reports, technical specifications and other materials that depict or specifically describe critical water company operating facilities, collection and distribution systems or sources of supply;

(20) Records of standards, procedures, processes, software and codes, not otherwise available to the public, the disclosure of which would compromise the security or integrity of an information technology system.

(c) Whenever a public agency receives a request from any person confined in a correctional institution or facility or a Whiting Forensic Division facility, for disclosure of any public record under the Freedom of Information Act, the public agency shall promptly notify the Commissioner of Correction or the Commissioner of Mental Health and Addiction Services in the case of a person confined in a Whiting Forensic Division facility of such request, in the manner prescribed by the commissioner, before complying with the request as required by the Freedom of Information Act. If the commissioner believes the requested record is exempt from disclosure pursuant to subdivision (18) of subsection (b) of this section, the commissioner may withhold such record from such person when the record is delivered to the person's correctional institution or facility or Whiting Forensic Division facility.

(d) Whenever a public agency, except the Judicial Department or Legislative Department, receives a request from any person for disclosure of any records described in subdivision (19) of subsection (b) of this section under the Freedom of Information Act, the public agency shall promptly notify the Commissioner of Public Works of such request, in the manner prescribed by the commissioner, before complying with the request as required by the Freedom of Information Act and for information related to a water company, as defined in section 25-32a, the public agency shall promptly notify the water company before complying with the request as required by the Freedom of Information Act. If the commissioner, after consultation with the chief executive officer of the applicable agency or after consultation with the chief executive officer of the applicable water company for information related to a water company, as defined in section 25-32a, believes the requested record is exempt from disclosure pursuant to subdivision (19) of subsection (b) of this section, the commissioner may direct the agency to withhold such record from such person. In any appeal brought under the provisions of section 1-206 of the Freedom of Information Act for denial of access to records for any of the reasons described in subdivision (19) of subsection (b) of this section, such appeal shall be against the Commissioner of Public Works, exclusively, or, in the case of records concerning Judicial Department facilities, the Chief Court Administrator or, in the case of records concerning the Legislative Department, the executive director of the Joint Committee on Legislative Management.

Sec. 105. (NEW) (Effective from passage) (a) The Commissioner of Public Works may, subject to the approval of the State Properties Review Board, sublet land or buildings, or both, and facilities leased to the state to (1) municipalities for municipal use, or (2) private individuals or concerns for private use, when such sublet land or buildings, or both, and facilities are otherwise not used or needed for state use and such action seems desirable to produce income or is otherwise in the public interest. The term of such sublet agreement shall not be extended by the exercise of any option available to the state under the terms of the state's lease.

(b) The commissioner shall deposit all payments received under this section in the General Fund and each such payment shall be credited to the appropriation made from such fund for the lease of such sublet land or buildings, or both, and facilities.

Sec. 106. (Effective from passage) (a) Notwithstanding any provision of the general statutes, the Commissioner of Transportation shall convey to the Connecticut Light and Power Company such parcels of land located along the existing right-of-way for the relocated Route 7 expressway in the towns of Norwalk and Wilton as may be required for the construction of a segment of the new Bethel to Norwalk 345-kV transmission line along the route that was certified by the Connecticut Siting Council on July 14, 2003. Such parcels are described in subdivisions (1) and (2) of this subsection:

(1) A parcel of land located between Grist Mill Road in the town of Norwalk and the approximate vicinity of railroad station 943+60 in the town of Wilton, being approximately eight thousand feet in length and generally parallel to or abutting the Danbury Branch Railroad and an existing utility right-of-way of the Connecticut Light and Power Company, linear in shape so as to accommodate transmission facilities, and of such widths as determined by the Connecticut Light and Power Company and the commissioner to be required to accommodate the electric transmission facilities certified by the council;

(2) A parcel of land located in the town of Wilton, approximately two hundred fifty feet in length in a north to south direction; bounded on the west by the existing utility right-of-way of the Connecticut Light and Power Company that parallels and abuts the Danbury Branch Railroad; bounded on the south by the northerly line of the existing eighty-foot wide so-called Norwalk Junction utility easement of the Connecticut Light and Power Company; bounded on the north by other land of the state; and of such widths as determined by the Connecticut Light and Power Company and the commissioner to be required to accommodate the electric transmission facilities certified by the council.

(b) The Connecticut Light and Power Company shall use said parcel of land for the purposes of constructing and maintaining such electric transmission facilities. If the company:

the parcel shall revert to the state of Connecticut.

(c) The conveyance shall be subject to the approval of the State Properties Review Board and at a cost equal to the fair market value of such parcels as determined by an appraisal conducted by an independent real estate appraiser who shall be selected by the Commissioner of Transportation. The State Properties Review Board shall complete its review of the conveyance of said parcels of land not later than thirty days after it receives a proposed agreement from the Department of Transportation. The land shall remain under the care and control of said department until a conveyance is made in accordance with this section. The State Treasurer shall execute and deliver any deed or instrument necessary for a conveyance under this section and the Commissioner of Transportation shall have the sole responsibility for all other incidents of such conveyance.

Sec. 107. (NEW) (Effective from passage) (a) There is established a CORE-CT policy board which shall be within the office of the State Comptroller for administrative purposes only. The policy board shall be composed of the State Comptroller, who shall serve as chairperson, the Chief Justice of the Supreme Court, the Secretary of the Office of Policy and Management, the speaker of the House of Representatives and the president pro tempore of the Senate, or their designees.

(b) The CORE-CT policy board shall meet at least once during each calendar quarter and at such other times as the chairperson deems necessary. A majority of the members shall constitute a quorum for the transaction of business.

(c) The policy board's primary responsibility shall be to ensure and maintain the constitutional and statutory independence of the three branches of state government with respect to the implementation and operation of the CORE-CT system. In no event shall any interagency or interdepartmental policy, procedure or protocol be deemed to authorize the policy board to infringe or diminish the constitutional or statutory authority of any constitutional officer or branch of government.

(d) The policy board shall: (1) Establish, implement and oversee interagency and interdepartmental policies, procedures and protocols and enter into written agreements that assure that appropriate controls are in place within the CORE-CT system with respect to data access, data sharing and data security; (2) resolve any interagency or interdepartmental conflicts and concerns that arise with respect to the operation or sharing of data within the CORE-CT system; and (3) advise the State Comptroller on the operation and administration of the CORE-CT system.

(e) Each member of the policy board, member of a permanent or an ad hoc committee established by the policy board, or person operating or administering the CORE-CT system shall be deemed to be a state officer or employee for the purposes of chapter 53 of the general statutes and section 5-141d of the general statutes.

Sec. 108. Subsection (a) of section 22a-27j of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Any person, firm or corporation, other than a municipality, making an application for any approval required by chapters 124, 126, 440 and 444 shall pay a fee of [ten] twenty dollars, in addition to any other fee which may be required, to the municipal agency or legislative body which is authorized to approve the application. Such municipal agency or legislative body shall collect such fees, retaining one dollar of such fee for administrative costs, and shall pay the remainder of such fees quarterly to the Department of Environmental Protection and the receipts shall be deposited into an account of the State Treasurer and credited to the Environmental Quality Fund established pursuant to section 22a-27g. The portion of such fund attributable to the fees established by this section shall be used by the Department of Environmental Protection for the purpose of funding the environmental review teams program of the Bureau of Water Management within said department, the Council on Soil and Water Conservation established pursuant to section 22a-315 and the eight county soil and water conservation districts.

Sec. 109. Subsection (g) of section 22a-50 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(g) The registrant shall pay a fee of [five hundred] seven hundred fifty dollars for each pesticide registered and for each renewal of a registration. A registration shall expire after five years. The commissioner shall establish regulations to phase in pesticide registration so that one fifth of the pesticides registered expire each year. The commissioner may register a pesticide for less than five years and prorate the registration fee accordingly to implement the regulations established pursuant to this subsection. The fees collected in accordance with this section shall be deposited in the General Fund provided, on and after October 1, 1997, two hundred dollars from each payment of the fee required under this subsection shall be deposited into the Environmental Quality Fund established under section 22a-27g and shall be used by the commissioner to carry out the purposes of section 22a-66l.

Sec. 110. Subdivision (2) of subsection (e) of section 22a-54 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(2) Upon application of any person qualified to fly an aircraft, the commissioner may issue a certificate for the application of pesticides or fertilizers by aircraft. Application for said certificate shall be on forms provided by the commissioner and shall be accompanied by a fee [established by the commissioner by regulations adopted in accordance with the provisions of chapter 54 provided the fee shall be not less than twenty-five] of fifty dollars.

Sec. 111. Subsection (f) of section 22a-54 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(f) The commissioner may by regulation prescribe fees for applicants to defray the cost of administering examinations and assisting in carrying out the purposes of section 22a-451, except the fees for certification and renewal of a certification shall be as follows: (1) For supervisory certification as a commercial applicator, [one hundred fifty] two hundred twenty-five dollars; (2) for operational certification as a commercial applicator, [twenty] forty dollars, and (3) for certification as a private applicator, [twenty-five] fifty dollars. A federal, state or municipal employee who applies pesticides solely as part of his employment shall be exempt from payment of a fee. Any certificate issued to a federal, state or municipal employee for which a fee has not been paid shall be void if the holder leaves government employment. The fees collected in accordance with this section shall be deposited in the General Fund.

Sec. 112. Section 22a-54a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The owner of any golf course which has a course length greater than one thousand yards shall, not later than December thirty-first annually, pay a fee of [one] two hundred dollars to the Commissioner of Environmental Protection to assist in carrying out the purposes of section 22a-451. The fees collected in accordance with this section shall be deposited in the General Fund.

Sec. 113. Subsection (c) of section 22a-56 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) Any person who distributes, sells, offers for sale, holds for sale or offers to deliver any restricted or permit use pesticide to any person in the state shall register his name and address with the commissioner annually. The commissioner may by regulations adopted in accordance with the provisions of chapter 54 require the payment of a fee sufficient to cover the cost of administering examinations for registration and assisting in carrying out the purposes of section 22a-451. The fee for each annual registration shall be [thirty] sixty dollars. The fees collected in accordance with this section shall be deposited in the General Fund.

Sec. 114. Subsection (c) of section 22a-66c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) An application for a certificate shall be accompanied by payment of a fee of [sixty] one hundred twenty dollars. The commissioner may waive payment of the fee for the initial renewal of a certificate issued during the three months prior to expiration. A pesticide application business which employs not more than one certified applicator shall be exempt from payment of a fee. An application for a certificate or renewal shall not be deemed to be complete or sufficient until the fee is paid in full. Funds received by the commissioner in accordance with the provisions of this section shall be deposited in the General Fund.

Sec. 115. Section 22a-66y of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

No person shall (a) sell or receive in intrastate commerce any sodium fluoroacetate or any product containing any amount of sodium fluoroacetate except to competent federal, state or municipal officers or pest control operators licensed by and qualified by special examination administered by the Commissioner of Environmental Protection; (b) use or have in his possession sodium fluoroacetate as a rodenticide or for any other purpose except under such conditions and at such times and places as may be established by regulations consistent with public health and the prevention of accidental poisoning, issued by the commissioner, who is authorized to adopt such regulations in accordance with the provisions of chapter 54. The regulations shall include a requirement for specific written permission of the commissioner stating the date and place of each application permitted. Such pest control operators shall register, on or before January first, annually, with the commissioner at a fee of [one dollar] two dollars in the manner established by the commissioner.

Sec. 116. Section 22a-66z of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The Commissioner of Environmental Protection may issue permits for the introduction of chemicals into the waters of the state for the control of aquatic vegetation, fish populations or other aquatic organisms. Application for said permit shall be on forms provided by the commissioner and shall be accompanied by a fee established by the commissioner by regulations adopted in accordance with the provisions of chapter 54 provided the fee shall be not less than [ten] twenty dollars. No permit shall be issued without prior approval, if the proposed application of chemicals involves areas tributary to reservoirs, lakes, ponds or streams used for public water supply, by the Commissioner of Public Health. Each permittee shall be responsible for any and all damages resulting from the applications of any pesticide to control aquatic vegetation, fish populations or other organisms. The commissioner, acting with the Department of Public Health, may establish regulations governing the use of pesticides in the waters of the state, including the marine district. The provisions of this section shall not apply to normal, emergency or experimental operations of the Department of Environmental Protection, the Department of Public Health or public water supply utilities, except that chemicals may not be applied to waters used for water supply furnished to the public or tributary to such water supply without prior approval of the Department of Public Health. Enforcement officers of the Department of Environmental Protection and the Department of Public Health may enforce the provisions of this section.

Sec. 117. Subsections (e) to (h), inclusive, of section 22a-133v of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(e) The board shall authorize the commissioner to issue a license under subsection (d) of section 22a-133m, sections 22a-184 to 22a-184e, inclusive, this section and section 22a-133w to any person who demonstrates to the satisfaction of the board that such person: (1) (A) Has for a minimum of eight years engaged in the investigation and remediation of releases of hazardous waste or petroleum products into soil or groundwater, including a minimum of four years in responsible charge of investigation and remediation of the release of hazardous waste or petroleum products into soil or groundwater, and holds a bachelor's or advanced degree from an accredited college or university in a related science or related engineering field or is a professional engineer licensed in accordance with chapter 391, or (B) has for a minimum of fourteen years engaged in the investigation and remediation of releases of hazardous waste or petroleum products into soil or groundwater, including a minimum of seven years in responsible charge of investigation and remediation of hazardous waste or petroleum products into soil or groundwater; (2) has successfully passed a written examination, or a written and oral examination, prescribed by the board and approved by the commissioner, which shall test the applicant's knowledge of the physical and environmental sciences applicable to an investigation of a polluted site and remediation conducted in accordance with regulations adopted by the commissioner under section 22a-133k and any other applicable guidelines or regulations as may be adopted by the commissioner; and (3) has paid an examination fee of one hundred [twenty-five] eighty-eight dollars to the commissioner.

(f) The board shall authorize the commissioner to issue a license to any applicant who, in the opinion of the board, has satisfactorily met the requirements of this section. The issuance of a license by the commissioner shall be evidence that the person named therein is entitled to all the rights and privileges of a licensed environmental professional while such license remains unrevoked or unexpired. A licensed environmental professional shall pay to the commissioner an annual fee of [two hundred twenty-five] three hundred thirty-eight dollars, [or such other amount as may be specified by the commissioner in regulations adopted in accordance with the provisions of chapter 54,] due and payable on July first of every year beginning with July first of the calendar year immediately following the year of license issuance. The commissioner, with the advice and assistance of the board, may adopt regulations in accordance with the provisions of chapter 54, pertaining to the design and use of seals by licensees under this section.

(g) The board may conduct investigations concerning the conduct of any licensed environmental professional. The commissioner may conduct audits of any actions authorized by law to be performed by a licensed environmental professional. The board shall authorize the commissioner to revoke or suspend the license of any environmental professional or to deny an application for such licensure if the board, after providing such professional with notice and an opportunity to be heard concerning such revocation, suspension or denial, finds that such professional has submitted false or misleading information to the board or has engaged in professional misconduct including, without limitation, knowingly or recklessly making a false verification of a remediation under section 22a-134a, or violating any provision of this section or regulations adopted hereunder.

(h) The board shall hold the first examination pursuant to this section no later than eighteen months after the date the commissioner adopts regulations pursuant to section 22a-133k, and shall publish the first roster of licensed environmental professionals no later than six months after the date of such examination. Until such time as the board publishes the first roster of licensed environmental professionals, any person who (1) has for a minimum of eight years engaged in the investigation and remediation of releases of hazardous waste or petroleum products into soil or groundwater, including a minimum of four years in responsible charge of investigation and remediation of the release of hazardous waste or petroleum products into soil or groundwater, (2) holds a bachelor's or advanced degree from an accredited college or university in a related science or related engineering field or is a professional engineer licensed in accordance with chapter 391, and (3) pays a registration fee of [one hundred fifty] two hundred twenty-five dollars may apply to the commissioner to be placed on a list of environmental professionals. Any person on such list may perform any duties authorized by law to be performed by a licensed environmental professional until such time as the first roster of licensed environmental professionals is published by the board.

Sec. 118. Subsection (e) of section 22a-133x of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(e) The fee for submitting an environmental condition assessment form to the commissioner pursuant to this section shall be [two] three thousand dollars and shall be paid at the time the environmental condition assessment form is submitted. Any fee paid pursuant to this section shall be deducted from any fee required by subsection (m) or (n) of section 22a-134e for the transfer of any parcel for which an environmental condition assessment form has been submitted within three years of such transfer.

Sec. 119. Subsection (b) of section 22a-134e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The fee for filing a Form I, as defined in section 22a-134, shall be [two] three hundred dollars. The fee for filing a Form II shall be [seven hundred] one thousand fifty dollars except as provided for in subsections (e) and (p) of this section.

Sec. 120. Subsections (m) to (o), inclusive, of section 22a-134e of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(m) On and after October 1, 1995, the fee for filing a Form III or Form IV shall be due in accordance with the following schedule: An initial fee of [two] three thousand dollars shall be submitted to the commissioner with the filing of a Form III or Form IV. If a licensed environmental professional verifies the remediation of the establishment and the commissioner has not notified the certifying party that the commissioner's written approval of the remediation is required, no additional fee shall be due. If the commissioner notifies the certifying party that the commissioner's written approval of the remediation is required, the balance of the total fee shall be due prior to the commissioner's issuance of the commissioner's final approval of the remediation.

(n) On and after October 1, 1995, the total fee for filing a Form III shall be as follows: (1) [Twenty-three thousand] Thirty-four thousand five hundred dollars if the total cost of remediation is equal to or greater than one million dollars; (2) [twenty] thirty thousand dollars if the total cost of remediation is equal to or greater than five hundred thousand dollars but less than one million dollars; (3) [fourteen] twenty-one thousand dollars if the total cost of remediation is equal to or greater than one hundred thousand dollars but less than five hundred thousand dollars; (4) [four thousand five hundred] six thousand seven hundred fifty dollars if the total cost of remediation is equal to or greater than fifty thousand dollars but less than one hundred thousand dollars; (5) [three thousand] four thousand five hundred dollars if the total cost of remediation is equal to or greater than twenty-five thousand dollars but less than fifty thousand dollars; and (6) [two] three thousand dollars if the total cost of remediation is less than twenty-five thousand dollars.

(o) On and after October 1, 1995, except as provided in subsection (p) of this section, the total fee for filing a Form IV shall be as follows: (1) [Eleven thousand five hundred] Seventeen thousand two hundred fifty dollars if the total cost of remediation is equal to or greater than one million dollars; (2) [ten] fifteen thousand dollars if the total cost of remediation is equal to or greater than five hundred thousand dollars but less than one million dollars; (3) [seven thousand] ten thousand five hundred dollars if the total cost of remediation is greater than or equal to one hundred thousand dollars but less than five hundred thousand dollars; (4) [two thousand two hundred fifty] three thousand three hundred seventy-five dollars if the total cost of remediation is equal to or greater than fifty thousand dollars but less than one hundred thousand dollars; and (5) [two] three thousand dollars if the total cost of remediation is less than fifty thousand dollars.

Sec. 121. Subsection (a) of section 22a-135 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Department of Environmental Protection shall: (1) Review the plans for and operation of safety programs at nuclear plants; (2) make recommendations to the Nuclear Regulatory Commission concerning third-party inspection of components and construction of nuclear plants for the purpose of improving quality assurance plans and programs; (3) require the immediate reporting to the Commissioner of Environmental Protection or his designee, which may be another state agency, by licensees of the United States Nuclear Regulatory Commission which operate nuclear power generating facilities in this state as soon as the licensee has knowledge or, in the exercise of reasonable care should have had knowledge of (A) any release of radiation which is unplanned, unmonitored or which exceeds design standards and specifications established by the Nuclear Regulatory Commission, and (B) any occurrence, incident or other abnormal circumstance, unless it is immediately evident that such occurrence, incident or circumstance is not required to be reported within twenty-four hours or sooner to the Nuclear Regulatory Commission; (4) monitor radiation originating from nuclear plants and perform tests to detect any buildup of radioactivity in the soil, water, plants or animals of the state; (5) review the training and education of workers at nuclear plants to insure awareness of the possible risks of cancer and future genetic effects; (6) represent the interests of the state in federal and state regulatory hearings and other administrative actions concerning nuclear plants which affect the state; (7) intervene in federal proceedings and petition federal agencies for revision of existing regulations where appropriate; (8) conduct periodic on-site evaluations of the effectiveness and enforcement of federal regulations for the packaging and transportation of radioactive material; (9) study plans for, and hazards inherent in the decommissioning of Connecticut nuclear plants including the possible future use of land now in use by a nuclear power facility; (10) study the storage problems posed by high level wastes; (11) study and, in cooperation with the state police, monitor the security of nuclear plants to assure that the dangers from sabotage and terrorism are minimized; (12) monitor sources of ionizing radiation, microwave radiation and radioactive materials within the state; (13) review the state emergency plan for radiation safety; and (14) investigate out-of-state potential radiological hazards which may have a significant adverse effect upon the health or safety of the people of the state. The commissioner shall charge each of the four nuclear powered commercial electric power generating plants an annual fee of [forty] sixty thousand dollars for monitoring radiation released from such plants. Nuclear fuels radiation facilities shall pay an annual fee of [ten] fifteen thousand dollars for monitoring such plants. [The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to prescribe the amount of the fees required pursuant to this section. Upon the adoption of such regulations, the fees required by this section shall be as prescribed in such regulations. ]

Sec. 122. Subsection (c) of section 22a-148 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) (1) Except as hereinafter provided, each person, firm, corporation, town, city and borough conducting or planning to conduct any operation within the scope of this section shall register with the Commissioner of Environmental Protection on forms provided for the purpose and shall reregister annually in January. Such registration shall be accompanied by a fee of [one] two hundred dollars. The commissioner may require registrants to state the type or types of sources of radiation involved, the maximum size or rating of each source, the qualifications of the supervisory personnel, the protective measures contemplated by the registrant and such other information as it determines to be necessary. After initial registration, reregistration shall be required for any radiation installation or mobile source of radiation at any other time when any increase is contemplated in the number of sources, the source strength, the output or the types of radiation energy involved. The act of registration shall not be interpreted to imply approval by the commissioner of the manner in which the activities requiring registration are carried out. (2) The activities described below are exempted from the registration requirements of this section: (A) The production, transportation, storage, use and disposal of naturally occurring radioactive materials of equivalent specific radioactivity not exceeding that of natural potassium; (B) the production, transportation, storage, use and disposal of other radioactive materials in quantities insufficient to involve risk of radiologic damage to a person; (C) the operation of equipment that is primarily not intended to produce radiation and that, by nature of design, does not produce radiation at the point of nearest approach in quantities sufficient to produce radiologic damage to a person; (D) the transportation of any radioactive material in conformity with regulations of the Interstate Commerce Commission or other agency of the federal government having jurisdiction. [The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to prescribe the amount of the fees required pursuant to this section. Upon the adoption of such regulations, the fees required by this section shall be as prescribed in such regulations. ]

Sec. 123. Section 22a-150 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The Commissioner of Environmental Protection shall, by regulation, require registration of devices emitting x-rays used for diagnostic or therapeutic purposes by or under the supervision of a person or persons licensed to practice medicine, surgery, chiropractic, natureopathy, dentistry, podiatry or veterinary medicine and surgery, as authorized by law. The commissioner shall charge a registration fee of [seventy-five] one hundred fifty dollars biennially for each such device, except that hospitals operated by the state or a municipality shall be exempt from payment of the fee. [The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to prescribe the amount of the fees required pursuant to this section. Upon the adoption of such regulations, the fees required by this section shall be as prescribed in such regulations. ]

Sec. 124. Subsection (g) of section 22a-174 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(g) The commissioner shall require, by regulations adopted in accordance with the provisions of chapter 54, the payment of a permit application fee sufficient to cover the reasonable costs of reviewing and acting upon an application for, and monitoring compliance with the terms and conditions of, any state or federal permit, license, order, certificate or approval required pursuant to this section. Any person obtaining a permit, pursuant to said regulations, for the construction or operation of a source of air pollution or for modification to an existing source of air pollution shall submit a permit fee of twice the amount of the fee established by regulations in effect on July 1, 1990. The commissioner shall require the payment of a permit application fee of [one] two hundred dollars. [On and after July 1, 1992, such fees shall be as prescribed by regulations adopted by the commissioner in accordance with chapter 54. ]

Sec. 125. Subsection (j) of section 22a-174 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(j) Each source of air pollution shall register with the commissioner biennially. Such registration shall be accompanied by a fee of [seventy-five] one hundred fifty dollars, provided no premise shall pay a registration fee exceeding [five thousand] seven thousand five hundred dollars. [On and after July 1, 1992, such fees shall be as prescribed by regulations adopted by the commissioner in accordance with chapter 54. ]

Sec. 126. Section 22a-174a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The owner or operator of any premises with a source of air pollution regulated by the Department of Environmental Protection pursuant to this chapter shall pay an annual fee to the commissioner. The owner or operator of any premises which have actual emissions or potential emissions of one hundred tons per year or more of any criteria pollutant ("A1 sources") shall pay a fee of [five hundred] seven hundred fifty dollars plus [two hundred fifty] three hundred seventy-five dollars per day or part thereof for each day beyond the first day which is required by the department to perform an inspection. The owner or operator of any premises which have a calculated rate of emissions before the application of control equipment of one hundred tons per year or more of any criteria pollutant, but actual emissions of less than one hundred tons per year ("A2 sources") shall pay a fee of [two hundred fifty] three hundred seventy-five dollars. For purposes of this section, "premises", "actual emissions" and "potential emissions" shall be used as defined in section 22a-174-1 of the regulations of Connecticut state agencies. [The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to prescribe a different amount for the fees required pursuant to this section. Upon the adoption of such regulations, the fees required by this section shall be as prescribed in such regulations. The fees provided for in this section shall continue in effect until such time as the commissioner may set different fees. ] The commissioner, by regulations adopted in accordance with the provisions of chapter 54, may require payment of an annual fee by the owner or operator of any premises with a permit to operate a source of air pollution which is not an A1 or A2 source or the owner or operator of any premises registered with the Department of Environmental Protection under this chapter. Any fees prescribed in regulations adopted under this section shall satisfy the emission-based requirements of the federal Clean Air Act Amendments of 1990.

Sec. 127. Section 22a-342 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The commissioner shall establish, along any tidal or inland waterway or flood-prone area considered for stream clearance, channel improvement or any form of flood control or flood alleviation measure, lines beyond which, in the direction of the waterway or flood-prone area, no obstruction, encroachment or hindrance shall be placed by any person, and no such obstruction, encroachment or hindrance shall be maintained by any person unless authorized by said commissioner. The commissioner shall issue or deny permits upon applications for establishing such encroachments based upon his findings of the effect of such proposed encroachments upon the flood-carrying and water storage capacity of the waterways and flood plains, flood heights, hazards to life and property, and the protection and preservation of the natural resources and ecosystems of the state, including but not limited to ground and surface water, animal, plant and aquatic life, nutrient exchange, and energy flow, with due consideration given to the results of similar encroachments constructed along the reach of waterway. Each application for a permit shall be accompanied by a fee as follows: (1) No change in grades and no construction of above-ground structures, [two hundred fifty] three hundred seventy-five dollars; (2) a change in grade and no construction of above-ground structures, [five hundred] seven hundred fifty dollars; and (3) a change in grade and above-ground structures or buildings, [two thousand five hundred] three thousand seven hundred fifty dollars. [The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to prescribe the amount of the fees required pursuant to this section. Upon the adoption of such regulations, the fees required by this section shall be as prescribed in such regulations. ]

Sec. 128. Subsection (a) of section 22a-361 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) No person, firm or corporation, public, municipal or private, shall dredge, erect any structure, place any fill, obstruction or encroachment or carry out any work incidental thereto or retain or maintain any structure, dredging or fill, in the tidal, coastal or navigable waters of the state waterward of the high tide line until such person, firm or corporation has submitted an application and has secured from said commissioner a certificate or permit for such work and has agreed to carry out any conditions necessary to the implementation of such certificate or permit. Each application for a permit, except for an emergency authorization, for any structure, filling or dredging which uses or occupies less than five thousand five hundred square feet in water surface area based on the perimeters of the project shall be accompanied by a fee equal to [forty] eighty cents per square foot provided such fee shall not be less than [three hundred fifty] five hundred twenty-five dollars. Each application for a permit for any structure, filling or dredging which uses or occupies five thousand five hundred square feet or more but less than five acres in water surface area based on the perimeters of the project shall be accompanied by a fee of [two thousand two hundred] three thousand three hundred dollars plus [five] ten cents per square foot for each square foot in excess of five thousand five hundred square feet. Each application for a permit for any structure, filling or dredging which uses or occupies five or more acres in water surface area based on the perimeters of the project shall be accompanied by a fee of [twelve thousand eight hundred fifteen] nineteen thousand two hundred twenty-three dollars plus [three hundred fifty] five hundred twenty- five dollars per acre for each acre or part thereof in excess of five acres. Each application for a mooring area or multiple mooring facility, regardless of the area to be occupied by moorings, shall be accompanied by a fee of [three hundred fifty] five hundred twenty-five dollars provided that such mooring areas or facilities shall not include fixed or floating docks, slips or berths. Application fees for aquaculture activities shall not be based on areal extent. The commissioner may waive or reduce any fee payable to him for (1) a tidal wetlands or coastal resource restoration or enhancement activity, (2) experimental activities or demonstration projects, (3) nonprofit academic activities, or (4) public access activities in tidal, coastal or navigable waters, provided no fee shall be waived or reduced for activities required by statute, regulation, permit, order or enforcement action. As used in this section, "resource restoration or enhancement activity" means an action taken to return a wetland or coastal resource to a prior natural condition or to improve the natural functions or habitat value of such resource, but shall not include actions required pursuant to an enforcement action of the commissioner, and "public access activities" means activities whose principal purpose is to provide or increase access for the general public to tidal, coastal or navigable waters, including, but not limited to, boardwalks, boat ramps, observation areas and fishing piers. [The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to prescribe the amount of the fees required pursuant to this section. Upon the adoption of such regulations, the fees required by this section shall be as prescribed in such regulations. ]

Sec. 129. Subsection (e) of section 22a-361 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(e) No person, firm or corporation, public, municipal or private, who removes sand, gravel or other material lying waterward of the mean high water mark of the tidal, coastal or navigable waters of the state pursuant to a permit issued under this section on or after October 1, 1996, shall make any beneficial or commercial use of such sand, gravel or other material except upon payment to the state of a fee of [two] four dollars per cubic yard of such sand, gravel and other materials. Such payment shall be made at times and under conditions specified by the commissioner in such permit. No fee shall be assessed for (1) the performance of such activities on land which is not owned by the state, (2) the use of sand, gravel or other materials for beach restoration projects, or (3) ultimate disposal of such sand, gravel or other materials which does not result in an economic benefit to any person. For the purposes of this section, "beneficial or commercial use" includes, but is not limited to, sale or use of sand, gravel or other materials for construction, aggregate, fill or landscaping. [The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to prescribe the amount of the fees required pursuant to this subsection. Upon adoption of such regulations, the fees required by this subsection shall be as prescribed in such regulation. ]

Sec. 130. Section 22a-363c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Each application for a certificate of permission, pursuant to section 22a-363b shall be accompanied by a fee of [two] three hundred dollars. [The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to prescribe the amount of the fees required pursuant to this section. Upon the adoption of such regulations, the fees required by this section shall be as prescribed in such regulations. ]

Sec. 131. Subsection (e) of section 22a-372 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(e) Each application for a permit shall be accompanied by a fee as follows: (1) Withdrawal for consumptive use of more than fifty thousand gallons but less than five hundred thousand gallons in any twenty-four-hour period, one thousand [two] eight hundred dollars; (2) five hundred thousand gallons or more but less than two million gallons in any twenty-four-hour period, [two thousand five hundred] three thousand seven hundred fifty dollars; (3) two million gallons or more in any twenty-four-hour period, [four] six thousand dollars; (4) for nonconsumptive uses where the tributary watershed area above the point of diversion is one-half square mile or smaller, one thousand [two] eight hundred dollars; (5) for nonconsumptive uses where the tributary watershed area above the point of diversion is larger than one-half square mile but smaller than two square miles, [two thousand five hundred] three thousand seven hundred fifty dollars; and (6) for nonconsumptive uses where the tributary watershed area above the point of diversion is two square miles or larger, [four] six thousand dollars. [The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to prescribe the amount of the fees required pursuant to this section. Upon the adoption of such regulations, the fees required by this section shall be as prescribed in such regulations. ]

Sec. 132. Section 22a-379 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Each person or municipality holding a diversion permit authorizing a consumptive use of waters of the state shall pay an annual fee of [five hundred] seven hundred fifty dollars to the commissioner. [The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to prescribe the amount of the fees required pursuant to this section. Upon the adoption of such regulations, the fees required by this section shall be as prescribed in such regulations. ]

Sec. 133. Section 22a-409 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The commissioner shall cause a survey and maps to be made of each town showing the location of any dams or similar structures within such town, and shall file a copy of such map with the town clerk.

(b) The owner of any dam or similar structure shall register on or before July 1, 1984, with the Commissioner of Environmental Protection on a form prescribed by him, the location and dimensions of such dam or structure and such other information as the commissioner may require. The fee for registration shall be as follows: (1) Dams or similar structures five feet or more in height but less than fifteen feet, [twenty-five] fifty dollars; (2) dams or similar structures fifteen feet or more in height but less than twenty-five feet, [fifty] one hundred dollars, and (3) dams or similar structures twenty-five feet or more in height, [one] two hundred dollars. Dams or similar structures less than five feet in height shall be registered without fee. As used in this subsection, "height" means the vertical distance from the crest of a dam or similar structure to the downstream toe of such dam or similar structure.

(c) The commissioner shall periodically inspect dams registered pursuant to subsection (b) of this section. The fee for such inspection shall be [three hundred fifty] five hundred twenty-five dollars. [The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to prescribe the amount of the fees required pursuant to this section. Upon the adoption of such regulations, the fees required by this section shall be as prescribed in such regulations. ] Any dam which impounds less than three acre-feet of water or any dam which the commissioner finds has a potential for negligible damage in the event of a failure, after an initial inspection, shall be exempt from the provisions of this subsection except upon determination by the commissioner that such dam poses a unique hazard. The commissioner shall adopt regulations in accordance with the provisions of chapter 54 establishing (1) a schedule for the frequency of inspection of dams, (2) the inspection fees for regularly scheduled inspections, sufficient to cover the reasonable cost of such inspections, (3) procedures for registration and criteria for waiver of registration and inspection fees, and (4) criteria for determining whether a dam has a potential for negligible damage in the event of a failure.

Sec. 134. Subsections (d) and (e) of section 22a-449 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(d) The Commissioner of Environmental Protection in consultation with the Commissioner of Public Safety may establish by regulations adopted in accordance with the provisions of chapter 54 standards and criteria for the nonresidential underground storage of oil, petroleum and chemical liquids which may include but not be limited to standards and criteria for the design, installation, operation, maintenance and monitoring of facilities for the underground storage and handling of such liquids. Each nonresidential underground storage facility which, pursuant to regulations adopted pursuant to this section, submits notification of installation to the commissioner after July 1, 1990, shall submit a notification fee of [fifty] one hundred dollars per tank. [The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to prescribe the amount of the fees required pursuant to this section. Upon the adoption of such regulations, the fees required by this section shall be as prescribed in such regulations. ] The Commissioner of Environmental Protection may establish such programs and adopt, in accordance with chapter 54, and enforce such regulations as he deems necessary to carry out the intent of Subtitle I of the Resource Conservation and Recovery Act of 1976 (42 USC 6901, et seq. ), as amended from time to time.

(e) The fee for the inspection of each nonresidential underground storage facility which, pursuant to regulations adopted pursuant to this section, submits notification to the commissioner shall be [fifty] one hundred dollars per tank, provided such fee may not be charged more than once every five years. [The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to prescribe the amount of the fees required pursuant to this section. Upon the adoption of such regulations, the fees required by this section shall be as prescribed in such regulations. ]

Sec. 135. Section 22a-449k of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

No person shall remove or replace or subcontract for the removal or replacement of a residential underground heating oil storage tank system if the person finds such removal or replacement will involve remediation of contaminated soil or groundwater, the costs of which are to be paid out of the residential underground heating oil storage tank system clean-up subaccount established pursuant to subsection (b) of section 22a-449c, unless the person is a registered contractor. To become a registered contractor, a person shall provide to the Commissioner of Environmental Protection, on forms prescribed by said commissioner, (1) evidence of financial assurance in the form of insurance, a surety bond or liquid company assets in an amount not less than two hundred fifty thousand dollars, and (2) a written statement certifying that such person has had any training required by law for such business and that such person has (A) performed no fewer than three residential underground petroleum storage tank system removals, or (B) has contracted for at least three removals of residential underground petroleum storage tank systems. Such person shall pay a registration fee of [five hundred] seven hundred fifty dollars to the commissioner. Each contractor holding a valid registration on July first shall, not later than August first of that year, pay a renewal fee to the commissioner of [two hundred fifty] three hundred seventy-five dollars in order to maintain such registration. Any money collected for registration pursuant to this section shall be deposited in the Environmental Quality Fund. The commissioner may revoke a registration for cause and, on and after the date the review board establishes requirements for financial assurance, training and performance standards under subsection (c) of section 22a-449d, may reject any application for registration that does not meet such requirements.

Sec. 136. Subsection (d) of section 22a-454 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) The commissioner shall require the payment of the following fees for permits under this section: (1) [Thirty] Forty-five thousand dollars to operate a hazardous waste landfill or incinerator; (2) [fourteen] twenty-one thousand dollars to store or treat hazardous waste; (3) [seven thousand] ten thousand five hundred dollars to engage in the transfer of hazardous waste as described in subsection (c) of this section if the hazardous waste is transferred from its original container to another container; and (4) [two thousand five hundred] three thousand seven hundred fifty dollars to engage in the transfer of hazardous waste as described in subsection (c) of this section if the hazardous waste remains in the original container. The commissioner shall also charge a fee of [fifty] one hundred dollars for each hazardous waste treatment, disposal or storage facility which submits an application for a status change to a generator. The commissioner shall charge a fee of [twenty-five] fifty dollars for each hazardous waste large quantity generator which submits an application for status change to a small generator. [The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to prescribe the amount of the fees required pursuant to this section. Upon the adoption of such regulations, the fees required by this section shall be as prescribed in such regulations. ]

Sec. 137. Section 22a-454a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Each hazardous waste treatment, storage or disposal facility, as defined in regulations adopted by the commissioner pursuant to section 22a-449, as amended by this act, shall pay a fee of [two thousand five hundred] three thousand seven hundred fifty dollars at the time it submits closure/postclosure plans to the Department of Environmental Protection. [The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to prescribe the amount of the fees required pursuant to this section. Upon the adoption of such regulations, the fees required by this section shall be as prescribed in such regulations. ]

Sec. 138. Section 22a-454b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Each hazardous waste treatment, storage or disposal facility, as defined in regulations adopted by the commissioner pursuant to section 22a-449, as amended by this act, which is subject to groundwater monitoring requirements shall pay a fee of [five hundred] seven hundred fifty dollars annually during its operating and postclosure period. [The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to prescribe the amount of the fees required pursuant to this section. Upon the adoption of such regulations, the fees required by this section shall be as prescribed in such regulations. ]

Sec. 139. Section 22a-454c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Each generator which generates in any calendar month during the calendar year one thousand kilograms or more of hazardous waste or one kilogram or more of acutely hazardous waste shall pay an annual fee of [fifty] one hundred dollars to the Commissioner of Environmental Protection.

(b) Each hazardous waste landfill, incinerator, storage, treatment or land treatment facility, as defined in regulations adopted by the Commissioner of Environmental Protection in regulations adopted pursuant to section 22a-449, as amended by this act, shall pay an annual fee of one thousand five hundred dollars.

[(c) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to prescribe the amount of the fees required pursuant to this section. Upon the adoption of such regulations, the fees required by this section shall be as prescribed in such regulations. ]

Sec. 140. Section 7-245 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

For the purposes of this chapter: [, "acquire] (1) "Acquire a sewerage system" means obtain title to all or any part of a sewerage system or any interest therein by purchase, condemnation, grant, gift, lease, rental or otherwise; (2) "alternative sewage treatment system" means a sewage treatment system serving one or more buildings that utilizes a method of treatment other than a subsurface sewage disposal system and that involves a discharge to the ground waters of the state; (3) "community sewerage system" means any sewerage system serving [one] two or more residences in separate structures which is not connected to a municipal sewerage system or which is connected to a municipal sewerage system as a distinct and separately managed district or segment of such system; (4) "construct a sewerage system" means to acquire land, easements, rights-of-way or any other real or personal property or any interest therein, plan, construct, reconstruct, equip, extend and enlarge all or any part of a sewerage system; (5) "decentralized system" means managed subsurface sewage disposal systems, managed alternative sewage treatment systems or community sewerage systems that discharge sewage flows of less than five thousand gallons per day, are used to collect and treat domestic sewage, and involve a discharge to the groundwaters of the state from areas of a municipality; (6) "decentralized wastewater management district" means areas of a municipality designated by the municipality through a municipal ordinance when an engineering report has determined that the existing subsurface sewage disposal systems may be detrimental to public health or the environment and that decentralized systems are required and such report is approved by the Commissioner of Environmental Protection with concurring approval by the Commissioner of Public Health, after consultation with the local director of health; (7) "municipality" means any metropolitan district, town, consolidated town and city, consolidated town and borough, city, borough, village, fire and sewer district, sewer district and each municipal organization having authority to levy and collect taxes; (8) "operate a sewerage system" means own, use, equip, reequip, repair, maintain, supervise, manage, operate and perform any act pertinent to the collection, transportation and disposal of sewage; (9) "person" means any person, partnership, corporation, limited liability company, association or public agency; (10) "remediation standards" means pollutant limits, performance requirements, design parameters or technical standards for application to existing sewage discharges in a decentralized wastewater management district for the improvement of wastewater treatment to protect public health and the environment; (11) "sewage" means any substance, liquid or solid, which may contaminate or pollute or affect the cleanliness or purity of any water; and (12) "sewerage system" means any device, equipment, appurtenance, facility and method for collecting, transporting, receiving, treating, disposing of or discharging sewage, including, but not limited to, decentralized systems within a decentralized wastewater management district when such district is established by municipal ordinance pursuant to section 7-247.

Sec. 141. Subsection (b) of section 7-246 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(b) Each municipal water pollution control authority designated in accordance with this section may prepare and periodically update a water pollution control plan for the municipality. Such plan shall designate and delineate the boundary of: (1) Areas served by any municipal sewerage system; (2) areas where municipal sewerage facilities are planned and the schedule of design and construction anticipated or proposed; (3) areas where sewers are to be avoided; (4) areas served by any community sewerage system not owned by a municipality; [and] (5) areas to be served by any proposed community sewerage system not owned by a municipality; and (6) areas to be designated as decentralized wastewater management districts. Such plan shall also describe the means by which municipal programs are being carried out to avoid community pollution problems and describe any programs wherein the local director of health manages subsurface sewage disposal systems. The authority shall file a copy of the plan and any periodic updates of such plan with the Commissioner of Environmental Protection and shall manage or ensure the effective supervision, management, control, operation and maintenance of any community sewerage system or decentralized wastewater management district not owned by a municipality.

Sec. 142. Section 7-247 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) Any municipality by its water pollution control authority may acquire, construct and operate a sewerage system or systems; may enter upon and take and hold by purchase, condemnation or otherwise the whole or any part of any real property or interest therein which it determines is necessary or desirable for use in connection with any sewerage system; may establish and revise rules and regulations for the supervision, management, control, operation and use of a sewerage system, including rules and regulations prohibiting or regulating the discharge into a sewerage system of any sewage or any stormwater runoff which in the opinion of the water pollution control authority will adversely affect any part or any process of the sewerage system except that any such rule or regulation regarding decentralized systems shall be approved by the local director of health before such rule or regulation may be effective; may enter into and fulfill contracts, including contracts for a term of years, with any person or any other municipality or municipalities to provide or obtain sewerage system service for any sewage, and may make arrangements for the provision or exchange of staff services and equipment with any person or any other municipality or municipalities, or for any other lawful services. The water pollution control authority of any municipality planning to acquire, construct or operate a new or additional sewerage system shall consider the feasibility of using the sewage collected by such system as an energy source for the generation of electricity or the production of other energy sources. The water pollution control authority may establish rules for the transaction of its business. It shall keep a record of its proceedings and shall designate an officer or employee to be the custodian of its books, papers and documents.

(b) Following approval of an engineering report by the Commissioner of Environmental Protection that includes concurrence with such approval by the Commissioner of Public Health, and in consultation with the local director of health, a municipality, acting in conjunction with its water pollution control authority may, by ordinance, establish geographical areas of decentralized wastewater management districts within such municipality.

(1) Such ordinance may also include, following the approval of such ordinance by the local director of health pursuant to such director's authority under section 19a-207: (A) Remediation and technical standards for the design and construction of subsurface sewage disposal systems that are more stringent than those imposed by the Public Health Code; (B) authority for the local director of health to order the upgrade of subsurface sewage disposal systems in accordance with such remediation and technical standards; (C) authority for the local director of health to establish criteria for the abandonment of substandard subsurface sewage disposal systems; (D) authority for the local director of health to order the property owner of a substandard subsurface sewage disposal system that does not comply with such remediation standards, technical standards or other criteria to abandon such substandard subsurface sewage disposal system thus allowing the water pollution control authority to order such owner to connect to a sewerage system pursuant to section 7-257; (E) standards established by the local director of health for the effective supervision, management, control, operation and maintenance of managed subsurface sewage disposal systems within such decentralized wastewater management districts; or (F) authority for the water pollution control authority to enact and amend regulations, following the approval of such regulations by the local director of health, that govern the supervision, management, control, operation and maintenance of such decentralized systems.

(2) Such ordinance shall include remediation standards for the design, construction and installation of alternative sewage treatment systems and standards for the effective supervision, management, control, operation and maintenance of alternative sewage treatment systems within such decentralized wastewater management districts that are consistent with any permit, order or recommendation of the Commissioner of Environmental Protection.

(c) Notwithstanding any provision of the general statutes, an area that is designated by ordinance of a municipality as a decentralized wastewater management district shall not be a public sewer for purposes of the Public Health Code.

(d) Nothing in this section shall be construed to limit the authority of a local director of health, the Commissioner of Public Health or the Commissioner of Environmental Protection.

Sec. 143. Section 7-257 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

The water pollution control authority may order the owner of any building to which a sewerage system is available to connect such building with the system or order the owner to construct and connect the building to an alternative sewage treatment system. No such order shall be issued until after a public hearing with respect thereto after due notice in writing to such property owner. Any owner aggrieved by such an order may, within twenty-one days, appeal to the superior court for the judicial district wherein the municipality is located. Such appeal shall be brought to a return day of said court not less than twelve or more than thirty days after service thereof. The judgment of the court shall be final. If any owner fails to comply with an order to connect, the water pollution control authority shall cause the connection to be made and shall assess the expense thereof against such owner.

Sec. 144. (NEW) (Effective October 1, 2003) Any oversight or monitoring duties created for the Department of Public Health by the provisions of section 140, 141 or 142 of this act shall be conducted within available appropriations.

Sec. 145. (NEW) (Effective from passage) Notwithstanding the provisions of sections 22a-449a to 22a-449m, inclusive, of the general statutes, on and after September 1, 2003, and prior to October 1, 2005, neither the Underground Storage Tank Petroleum Clean-Up Account Review Board nor the Commissioner of Environmental Protection shall accept applications pursuant to section 22a-449f of the general statutes for reimbursement and payments from the account established under section 22a-449c of the general statutes.

Sec. 146. (NEW) (Effective July 1, 2004) (a) There is established a Department of Agriculture and Consumer Protection. The department head shall be the Commissioner of Agriculture and Consumer Protection, who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, of the general statutes, with the powers and duties therein prescribed.

(b) The Department of Agriculture and Consumer Protection shall constitute a successor department to the Department of Consumer Protection and the Department of Agriculture in accordance with the provisions of sections 4-38d, 4-38e and 4-39 of the general statutes.

(c) Wherever the words "Commissioner of Consumer Protection" are used or referred to in the following sections of the general statutes, the words "Commissioner of Agriculture and Consumer Protection" shall be substituted in lieu thereof: 4-5, 10-154a, 10-217d, 10-217g, 14-286d, 14-318, 14-327a, 14-329, 14-331, 14-344c, 16a-14b, 16a-15, 16a-15a, 16a-23a, 16a-23m, 16a-23o, 16a-23p, 16a-23q, 16a-48, 20-14f, 20-14g, 20-289, 20-291, 20-294, 20-298b, 20-300, 20-300b, 20-304, 20-304a, 20-306b, 20-307a, 20-312, 20-314, 20-314a, 20-319, 20-321, 20-324i, 20-325d, 20-325j, 20-327b, 20-328, 20-329b, 20-329m, 20-329q, 20-329t, 20-329v, 20-329w, 20-329z, 20-332, 20-332a, 20-333, 20-333a, 20-334, 20-334d, 20-341s, 20-341gg, 20-344, 20-346, 20-353, 20-354, 20-357m, 20-368, 20-370, 20-373, 20-374, 20-377k, 20-417a, 20-417aa, 20-419, 20-490, 20-504, 20-510, 20-511, 20-512, 20-515, 20-517, 20-519, 20-540, 20-554, 20-556, 20-557, 20-571, 20-574, 20-577, 20-631, 20-635, 20-653, 20-654, 21-28, 21-31, 21-32, 21-33, 21-33a, 21-33b, 21-35b, 21-35c, 21-35i, 21-68, 21-70, 21-70a, 21-71, 21-73, 21-75, 21-78, 21-84, 21a-1, 21a-3, 21a-4, 21a-5, 21a-7, 21a-8, 21a-8a, 21a-9, 21a-10, 21a-11, 21a-12, 21a-12a, 21a-13, 21a-22, 21a-27, 21a-32, 21a-34, 21a-36, 21a-49, 21a-50, 21a-51, 21a-52, 21a-53, 21a-54, 21a-55, 21a-57, 21a-58, 21a-61, 21a-66, 21a-69, 21a-70, 21a-70b, 21a-71, 21a-73, 21a-79, 21a-79a, 21a-84, 21a-86a, 21a-86b, 21a-86c, 21a-86d, 21a-86f, 21a-86g, 21a-92, 21a-115, 21a-136, 21a-144, 21a-146, 21a-148, 21a-150, 21a-150j, 21a-152, 21a-155, 21a-158, 21a-159, 21a-190a, 21a-195a, 21a-196, 21a-221, 21a-223, 21a-224, 21a-226, 21a-231, 21a-240, 21a-243, 21a-244, 21a-244a, 21a-246, 21a-251, 21a-252, 21a-253, 21a-254, 21a-261, 21a-262, 21a-263, 21a-266, 21a-272, 21a-273, 21a-275, 21a-276, 21a-283, 21a-317, 21a-318, 21a-319, 21a-321, 21a-324, 21a-326, 21a-328, 21a-335, 21a-337, 21a-376, 21a-401, 21a-405, 22-39f, 22-41, 22-42, 22-45, 22-48, 22-127, 22-141, 22-272a, 22-313, 23-26d, 23-26f, 25-128, 25-129, 25-133, 29-276b, 29-318c, 30-2, 30-8, 31-275, 42-103c, 42-103l, 42-103m, 42-110a, 42-110g, 42-110u, 42-115g, 42-115m, 42-115s,42-115t, 42-115u, 42-144, 42-179b, 42-181, 42-183, 42-216, 42-231, 42-233, 42-288a, 42-295, 42-334, 42-335, 42-370, 42-427, 42-430, 42-431, 43-3, 43-9, 43-16q, 43-20, 43-27, 43-47, 43-48, 43-50, 43-51, 47a-14h, 54-36a and 54-36g.

(d) Wherever the words "Department of Consumer Protection" are used or referred to in the following sections of the general statutes, the words "Department of Agriculture and Consumer Protection" shall be substituted in lieu thereof: 1-84, 1-84b, 4-38c, 5-142, 5-238b, 12-450, 12-453, 14-327b, 16-245u, 16a-15, 16a-23m, 16a-23p, 17b-363a, 18-81q, 19a-19, 20-127, 20-196c, 20-289, 20-291, 20-296, 20-299, 20-300, 20-300b, 20-301, 20-304, 20-305, 20-306, 20-306a, 20-306b, 20-307, 20-307a, 20-308, 20-311a, 20-311b, 20-314, 20-316, 20-318, 20-319, 20-320, 20-320a, 20-327a, 20-329e, 20-329x, 20-331, 20-333, 20-334, 20-334a, 20-335, 20-338, 20-340a, 20-340b, 20-341gg, 20-344, 20-349, 20-350, 20-351, 20-353, 20-357m, 20-368, 20-370, 20-372, 20-373, 20-417d, 20-417j, 20-417aa, 20-450, 20-490, 20-490a, 20-502, 20-503, 20-509, 20-510, 20-514, 20-516, 20-517, 20-518, 20-525, 20-528, 20-540, 20-554, 20-571, 20-590, 20-635, 20-651, 20-654, 21-28, 21-64, 21-67a, 21-70, 21-79, 21-83e, 21-84a, 21a-1, 21a-2, 21a-4, 21a-6, 21a-7, 21a-8, 21a-8a, 21a-9, 21a-10, 21a-63, 21a-72, 21a-92a, 21a-150d, 21a-190a, 21a-195a, 21a-223, 21a-227, 21a-231, 21a-240, 21a-249, 21a-252, 21a-260, 21a-335, 22-44, 22-131a, 25-129, 25-130, 29-263, 30-1, 30-4, 30-5, 30-6, 30-6a, 30-7, 30-8, 30-13a, 30-14, 30-14a, 30-15, 30-16, 30-17, 30-17b, 30-18a, 30-20, 30-20a, 30-22, 30-22a, 30-23a, 30-23b, 30-24, 30-24b, 30-25, 30-25a, 30-30, 30-31, 30-32, 30-33, 30-33a, 30-35, 30-35b, 30-36, 30-37, 30-37f, 30-37i, 30-37j, 30-38, 30-39, 30-42a, 30-43, 30-44, 30-45, 30-46, 30-47, 30-51, 30-52, 30-53, 30-55, 30-55a, 30-57, 30-58, 30-58a, 30-58b, 30-59, 30-60, 30-62, 30-62a, 30-63, 30-64, 30-64a, 30-64b, 30-66, 30-67, 30-68, 30-76, 30-77, 30-78, 30-82, 30-86a, 30-92a, 30-95, 30-106, 30-111, 42-103c, 42-110g, 42-181, 42-190, 42-288a, 43-3, 43-49, 43-50, 52-560 and 52-571d.

(e) Wherever the words "Commissioner of Agriculture" are used or referred to in the following sections of the general statutes, "Commissioner of Agriculture and Consumer Protection" shall be substituted in lieu thereof: 3-20, 4-5, 4-186, 4b-3, 10a-103, 12-2b, 12-81, 12-91, 12-107c, 12-107e, 12-107f, 14-21h, 19a-102a, 19a-341, 20-196a, 22-1, 22-3, 22-4, 22-4a, 22-4b, 22-4c, 22-4d, 22-6, 22-6a, 22-6b, 22-6c, 22-6d, 22-6f, 22-6g, 22-6h, 22-6q, 22-7, 22-7p, 22-7q, 22-8, 22-11e, 22-11g, 22-11h, 22-12a, 22-12b, 22-26c, 22-26e, 22-26g, 22-26h, 22-26i, 22-26bb, 22-26cc, 22-26dd, 22-26jj, 22-26kk, 22-27, 22-28, 22-31, 22-33, 22-34, 22-35, 22-37, 22-37, 22-38, 22-38a, 22-39, 22-39b, 22-39d, 22-39e, 22-39f, 22-41, 22-42, 22-45, 22-48a, 22-51, 22-53, 22-54o, 22-54p, 22-54r, 22-56, 22-57, 22-59, 22-60, 22-63, 22-79, 22-111b, 22-111aa, 22-111ll, 22-111mm, 22-111tt, 22-111vv, 22-118k, 22-118l, 22-118m, 22-118n, 22-118o, 22-118q, 22-118r, 22-118s, 22-118t, 22-120a, 22-126a, 22-127, 22-128a, 22-129, 22-129a, 22-130, 22-131, 22-141, 22-160, 22-162a, 22-172, 22-173, 22-182a, 22-192a, 22-197b, 22-203a, 22-203d, 22-203e, 22-203f, 22-203g, 22-203h, 22-205, 22-206, 22-207, 22-208, 22-211a, 22-212, 22-213, 22-224, 22-226, 22-227, 22-228, 22-231, 22-232, 22-233, 22-234, 22-238, 22-239, 22-241, 22-242, 22-242a, 22-242b, 22-243, 22-244, 22-245, 22-247, 22-248, 22-249, 22-254, 22-255, 22-256, 22-257, 22-258, 22-277, 22-278, 22-279, 22-279a, 22-280, 22-284, 22-286, 22-287, 22-288, 22-288a, 22-289, 22-290, 22-291, 22-293, 22-295, 22-296, 22-298, 22-299a, 22-301, 22-303, 22-304, 22-306, 22-307, 22-308, 22-311, 22-313, 22-316, 22-318, 22-318a, 22-319, 22-320a, 22-321, 22-322, 22-323a, 22-323b, 22-324, 22-324a, 22-325, 22-326c, 22-326d, 22-326e, 22-326f, 22-327, 22-344c, 22-344d, 22-347, 22-348, 22-380e, 22-380g, 22-381, 22-414, 22-415, 22-415a, 22-415i, 22-415j, 22-456, 22a-65, 22a-285a, 22a-354m, 22a-354bb, 22a-616, 25-204, 25-207, 25-234, 25-237, 26-40a, 26-149, 26-192, 26-192e, 26-192j, 26-193, 26-194, 26-194a, 26-195, 26-196, 26-198, 26-199, 26-200, 26-201, 26-202, 26-203, 26-204, 22-206, 22-607, 22-608, 22-609, 22-210, 26-211, 26-212, 26-213, 26-215, 26-216, 26-219, 26-220, 26-224a, 26-227, 26-229, 26-230, 26-232, 26-234b, 26-235, 26-236, 26-237b, 26-237c, 26-257, 26-257a, 26-266, 32-301 and 45a-322.

(f) Wherever the words "Department of Agriculture" are used or referred to in the following sections of the general statutes, "Department of Agriculture and Consumer Protection" shall be substituted in lieu thereof: 4-38c, 4b-51, 7-131q, 7-380c, 8-2b, 12-412e, 13a-142a, 17a-471b, 17a-471c, 17b-97, 20-196, 21a-92a, 21a-401, 22-1, 22-1c, 22-4b, 22-6, 22-6a, 22-6b, 22-6d, 22-6g, 22-6h, 22-1d, 22-11e, 22-11f, 22-11h, 22-12b, 22-26c, 22-26d, 22-26e, 22-26f, 22-26i, 22-26bb, 22-26cc, 22-36, 22-51, 22-59, 22-63, 22-63a, 22-79, 22-81, 22-84, 22-90, 22-98, 22-150, 22-160, 22-277, 22-279a, 22-280, 22-286, 22-287, 22-298, 22-299a, 22-303, 22-304, 22-306, 22-313, 22-318b, 22-320a, 22-326c, 22-332a, 22-344d, 22-359b, 22-386, 22-388, 22-410, 22-411, 22-412, 22-415a, 22-455, 22-456, 22a-38, 22-319, 25-157a, 26-72, 26-142a, 26-192a, 26-192b, 26-192c, 26-192e, 26-192f, 26-192h, 26-224a, 26-237a, 30-68 and 36b-21.

(g) If the term "Department of Consumer Protection" or "Department of Agriculture" is used or referred to in any public or special act of 2003 or 2004, or in any section of the general statutes which is amended in 2003 or 2004, it shall be deemed to refer to the Department of Agriculture and Consumer Protection.

(h) If the term "Commissioner of Consumer Protection" or "Commissioner of Agriculture" is used or referred to in any public or special act of 2003 or 2004, or in any section of the general statutes which is amended in 2003 or 2004, it shall be deemed to refer to the Commissioner of Agriculture and Consumer Protection.

Sec. 147. Section 4-5 of the general statutes, as amended by section 4 of public act 03-84 and section 2 of public act 03-217, is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

As used in sections 4-6, 4-7 and 4-8, the term "department head" means Secretary of the Office of Policy and Management, Commissioner of Administrative Services, Commissioner of Revenue Services, Banking Commissioner, Commissioner of Children and Families, Commissioner of Agriculture and Consumer Protection, Commissioner of Correction, Commissioner of Economic and Community Development, State Board of Education, Commissioner of Environmental Protection, [Commissioner of Agriculture,] Commissioner of Public Health, Insurance Commissioner, Labor Commissioner, Liquor Control Commission, Commissioner of Mental Health and Addiction Services, Commissioner of Public Safety, Commissioner of Social Services, Commissioner of Mental Retardation, Commissioner of Motor Vehicles, Commissioner of Transportation, Commissioner of Public Works, Commissioner of Veterans' Affairs, Commissioner of Health Care Access, Chief Information Officer, the chairperson of the Public Utilities Control Authority and the executive director of the Board of Education and Services for the Blind.

Sec. 148. Section 4-38c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

There shall be within the executive branch of state government the following departments: Office of Policy and Management, Department of Administrative Services, Department of Revenue Services, Department of Banking, [Department of Agriculture,] Department of Children and Families, Department of Agriculture and Consumer Protection, Department of Correction, Department of Economic and Community Development, State Board of Education, Department of Environmental Protection, Department of Public Health, Board of Governors of Higher Education, Insurance Department, Labor Department, Department of Mental Health and Addiction Services, Department of Mental Retardation, Department of Public Safety, Department of Social Services, Department of Transportation, Department of Motor Vehicles, Department of Veterans' Affairs, Department of Public Works and Department of Public Utility Control.

Sec. 149. Section 22a-27m of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is established within the Environmental Quality Fund established under section 22a-27g an account to be known as the "air emissions permit operating fee account". Notwithstanding the provisions of section 22a-27g any moneys collected in accordance with section 22a-174a shall be deposited in the Environmental Quality Fund and credited to the air emissions permit operating fee account. Any balance remaining in the account at the end of any fiscal year shall be carried forward in the account for the fiscal year next succeeding. The account shall be used by the Commissioner of Environmental Protection [solely] for the purpose of covering the direct and indirect costs of administering the program set forth in Title V of the federal Clean Air Act Amendments of 1990.

(b) On and after April 1, 2003, any moneys in the air emissions permit operating fee account in excess of the federally mandated level of presumptive funding calculated pursuant to 40 CFR 70.9, as amended from time to time, may be used by the Commissioner of Environmental Protection to carry out the provisions of chapter 446c or may be transferred, at the direction of the commissioner, to the federal Clean Air Act account established pursuant to section 14-49b, as amended by this act.

(c) On or before September thirtieth of each year, the State Comptroller shall transfer from the air emissions permit operating fee account to the federal Clean Air Act account such funds identified by the commissioner as being in excess of the federally mandated level of presumptive funding calculated pursuant to 40 CFR 70.9, as amended from time to time.

Sec. 150. Subsection (a) of section 14-49b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) For each new registration or renewal of registration of any motor vehicle with the Commissioner of Motor Vehicles pursuant to this chapter, the person registering such vehicle shall pay to the commissioner a fee of ten dollars for registration for a biennial period and five dollars for registration for an annual period, except that any individual who is sixty-five years of age or older on or after January 1, 1994, may, at the discretion of such individual, pay the fee for either a one-year or two-year period. The provisions of this section shall not apply with respect to any motor vehicle which is not self-propelled, which is electrically powered, or which is exempted from payment of a registration fee. This fee may be identified as the "federal Clean Air Act fee" on any registration form provided by the commissioner. Payments collected pursuant to the provisions of this section shall be deposited as follows: (1) Fifty-seven and one-half per cent of such payments collected shall be deposited into the Special Transportation Fund established pursuant to section 13b-68, and (2) forty-two and one-half per cent of such payments collected shall be deposited in a treasurer's account and credited to a separate, nonlapsing federal Clean Air Act account which shall be established by the Comptroller within the General Fund. The federal Clean Air Act account may be used to pay any costs to state agencies of implementing the requirements of the federal Clean Air Act Amendments of 1990 that are not otherwise met by the fees collected pursuant to section 22a-174a and any funds transferred to the account pursuant to section 22a-27m, as amended by this act, may additionally be used by the Commissioner of Environmental Protection to carry out the provisions of chapter 446c. All moneys deposited in this account are deemed to be appropriated for this purpose. The fee required by this section is in addition to any other fees prescribed by any other provision of this title for the registration of a motor vehicle.

Sec. 151. Subsections (a) and (b) of section 22a-6 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The commissioner may: (1) Adopt, amend or repeal, in accordance with the provisions of chapter 54, such environmental standards, criteria and regulations, and such procedural regulations as are necessary and proper to carry out his functions, powers and duties; (2) enter into contracts with any person, firm, corporation or association to do all things necessary or convenient to carry out the functions, powers and duties of the department; (3) initiate and receive complaints as to any actual or suspected violation of any statute, regulation, permit or order administered, adopted or issued by him. The commissioner shall have the power to hold hearings, administer oaths, take testimony and subpoena witnesses and evidence, enter orders and institute legal proceedings including, but not limited to, suits for injunctions, for the enforcement of any statute, regulation, order or permit administered, adopted or issued by him; (4) in accordance with regulations adopted by him, require, issue, renew, revoke, modify or deny permits, under such conditions as he may prescribe, governing all sources of pollution in Connecticut within his jurisdiction; (5) in accordance with constitutional limitations, enter at all reasonable times, without liability, upon any public or private property, except a private residence, for the purpose of inspection and investigation to ascertain possible violations of any statute, regulation, order or permit administered, adopted or issued by him and the owner, managing agent or occupant of any such property shall permit such entry, and no action for trespass shall lie against the commissioner for such entry, or he may apply to any court having criminal jurisdiction for a warrant to inspect such premises to determine compliance with any statute, regulation, order or permit administered, adopted or enforced by him, provided any information relating to secret processes or methods of manufacture or production ascertained by the commissioner during, or as a result of, any inspection, investigation, hearing or otherwise shall be kept confidential and shall not be disclosed except that, notwithstanding the provisions of subdivision (5) of subsection (b) of section 1-210, such information may be disclosed by the commissioner to the United States Environmental Protection Agency pursuant to the federal Freedom of Information Act of 1976, (5 USC 552) and regulations adopted thereunder or, if such information is submitted after June 4, 1986, to any person pursuant to the federal Clean Water Act (33 USC 1251 et seq. ); (6) undertake any studies, inquiries, surveys or analyses he may deem relevant, through the personnel of the department or in cooperation with any public or private agency, to accomplish the functions, powers and duties of the commissioner; (7) require the posting of sufficient performance bond or other security to assure compliance with any permit or order; (8) provide by notice printed on any form that any false statement made thereon or pursuant thereto is punishable as a criminal offense under section 53a-157b; (9) construct or repair or contract for the construction or repair of any dam or flood and erosion control system under his control and management, make or contract for the making of any alteration, repair or addition to any other real asset under his control and management, including rented or leased premises, involving an expenditure of five hundred thousand dollars or less, and, with prior approval of the Commissioner of Public Works, make or contract for the making of any alteration, repair or addition to such other real asset under his control and management involving an expenditure of more than five hundred thousand dollars but not more than one million dollars; (10) by regulations adopted in accordance with the provisions of chapter 54 require the payment of a fee sufficient to cover the reasonable cost of the search, duplication and review of records requested under the Freedom of Information Act, as defined in section 1-200, and the reasonable cost of reviewing and acting upon an application for and monitoring compliance with the terms and conditions of any state or federal permit, license, registration, order, certificate or approval required pursuant to subsection (i) of section 22a-39, subsections (c) and (d) of section 22a-96, subsections (h), (i) and (k) of section 22a-424, and sections 22a-6d, 22a-32, 22a-134a, 22a-134e, 22a-135, 22a-148, 22a-150, 22a-174, 22a-174a, 22a-208, 22a-208a, 22a-209, 22a-342, 22a-345, 22a-354i, 22a-361, 22a-363c, 22a-368, 22a-372, 22a-379, 22a-403, 22a-409, 22a-416, 22a-428 to 22a-432, inclusive, 22a-449 and 22a-454 to 22a-454c, inclusive, and Section 401 of the federal Clean Water Act, (33 USC 1341). Such costs may include, but are not limited to the costs of (A) public notice, (B) reviews, inspections and testing incidental to the issuance of and monitoring of compliance with such permits, licenses, orders, certificates and approvals, and (C) surveying and staking boundary lines. The applicant shall pay the fee established in accordance with the provisions of this section prior to the final decision of the commissioner on the application. The commissioner may postpone review of an application until receipt of the payment. Payment of a fee for monitoring compliance with the terms or conditions of a permit shall be at such time as the commissioner deems necessary and is required for an approval to remain valid; and (11) by regulations adopted in accordance with the provisions of chapter 54, require the payment of a fee sufficient to cover the reasonable cost of responding to requests for information concerning the status of real estate with regard to compliance with environmental statutes, regulations, permits or orders. Such fee shall be paid by the person requesting such information at the time of the request. Funds not exceeding two hundred thousand dollars received by the commissioner pursuant to subsection (g) of section 22a-174, during the fiscal year ending June 30, 1985, shall be deposited in the General Fund and credited to the appropriations of the Department of Environmental Protection in accordance with the provisions of section 4-86, and such funds shall not lapse until June 30, 1986. In any action brought against any employee of the department acting within his scope of delegated authority in performing any of the above-listed duties, the employee shall be represented by the Attorney General.

(b) Notwithstanding the provisions of subsection (a) of this section no municipality shall be required to pay more than fifty per cent of any fee established by the commissioner pursuant to said subsection. [and any municipality which paid any such fee on or after May 15, 1984, and prior to October 1, 1985, shall be entitled to a credit to the extent of any amount so paid against the payment of any fees required pursuant to subsection (c) on or after October 1, 1985. ]

Sec. 152. Section 22a-6f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Each annual fee charged by the Commissioner of Environmental Protection pursuant to the general statutes shall be due on or before July first of each year, unless otherwise specified in the general statutes or in regulations adopted pursuant thereto. The fee for late payment of an annual fee charged by said commissioner pursuant to the general statutes shall be ten per cent of the annual fee due, plus one and one-quarter per cent per month or part thereof that the annual fee remains unpaid. Each permit fee and permit application fee charged by the commissioner pursuant to the general statutes is due upon the submission of the permit application, unless otherwise specified in the general statutes or in regulations adopted pursuant thereto. Each permit fee and permit application fee payable to the commissioner shall apply equally to the issuance, renewal, modification and transfer of a permit unless otherwise specified in the general statutes or in regulations adopted pursuant thereto. The commissioner may waive any fee payable to him as it applies to the activities of an agency, board, commission, council or department of the state, provided such agency, board, commission, council or department compensates the Department of Environmental Protection in an amount equal to such fee pursuant to a written agreement.

[(b) Unless a lower fee is otherwise specified in the general permit, the fee for registration pursuant to a general permit shall be as follows: (1) If the person intending to engage in the regulated activity is required to register with the Department of Environmental Protection and obtain approval of the registration before the activity is authorized, five hundred dollars; or (2) if the person intending to engage in the regulated activity is only required to register with the Department of Environmental Protection before the activity is authorized, two hundred fifty dollars. ]

(b) Notwithstanding any provision of the general statutes or any regulation adopted under this title, on and after the effective date of this section, each fee in effect pursuant to regulations adopted pursuant to any section of this title that is greater than one hundred dollars shall be increased by fifty per cent and all such fees of one hundred dollars or less shall be doubled, provided no such fee shall be less than one hundred dollars.

(c) Notwithstanding the provisions of subsection (b) of this section: (1) The fees and annual adjustment for Title V emissions shall be assessed pursuant to the regulations adopted under section 22a-174; (2) each fee imposed pursuant to a general permit, in effect on or before the effective date of this section, shall be double the amount specified in such permit; and (3) each fee imposed pursuant to a certificate of permission, issued in accordance with section 22a-363b, shall be double the amount in effect on or before the effective date of this section.

(d) Unless otherwise specified in a general permit, the registration fee for a general permit shall be as follows: (1) If the person intending to engage in the regulated activity is required to register with the Department of Environmental Protection and obtain approval of the registration before the activity is authorized, one thousand dollars; or (2) if the person intending to engage in the regulated activity is only required to register with the Department of Environmental Protection before the activity is authorized, five hundred dollars. No fee for a general permit shall exceed five thousand dollars.

(e) Unless otherwise established by regulations adopted pursuant to section 22a-354i, the fee for a permit of a regulated activity, as described in section 22a-354i, shall be one thousand dollars and the fee to register such regulated activity with the Department of Environmental Protection, pursuant to section 22a-354i, shall be five hundred dollars.

(f) The fee for a consolidated general permit issued in accordance with more than one section of this title shall be specified in such general permit and shall not exceed the total sum for individual general permits, as authorized pursuant to subdivision (2) of subsection (c) of this section.

Sec. 153. Subsection (a) of section 22a-232 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There shall be paid to the Commissioner of Revenue Services by the owner of any resources recovery facility one dollar per ton of solid waste processed at the facility beginning on the date of commencement of commercial operation of the facility for calendar quarters commencing on or after October 1, 1987, until September 30, 2003. For calendar quarters commencing on and after October 1, 2003, the owner of any resources recovery facility shall pay to the Commissioner of Revenue Services one dollar and fifty cents per ton of solid waste processed at such facility.

Sec. 154. Deleted.

Sec. 155. Deleted.

Sec. 156. Section 18-86b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Notwithstanding the provisions of sections 18-105 to 18-107, inclusive, the Commissioner of Correction is authorized to improve the operation of the state's correctional facilities by entering into contracts with any governmental or private vendor for supervision of not more than five hundred inmates outside the state. Any such governmental or private vendor shall agree to be bound by the provisions of the Interstate Corrections Compact, and any governmental or privately-operated facility to which state inmates are transferred pursuant to a contract under this [section] subsection shall be located in a state which has enacted and entered into the Interstate Corrections Compact.

(b) (1) Notwithstanding the provisions of sections 18-105 to 18-107, inclusive, during the fiscal years ending June 30, 2004, and June 30, 2005, the Commissioner of Correction is authorized to improve the operation of the state's correctional facilities by entering into contracts in accordance with this subsection with any governmental or private vendor for the supervision of not more than an additional two thousand inmates outside the state.

(2) If the governmental vendor with which the commissioner has a contract under subsection (a) of this section on the effective date of this section for the supervision of inmates outside this state is willing to accept additional inmates for supervision, the Commissioner of Correction may, notwithstanding the provisions of section 4a-57, enter into a contract with such governmental vendor for the supervision of such number of additional inmates as such governmental vendor is willing to accept. If the commissioner does not enter into such a contract with such governmental vendor or if, after contracting for the supervision of additional inmates by such governmental vendor, the number of inmates authorized to be supervised outside this state under subdivision (1) of this subsection has not been attained, the commissioner may enter into contracts with any governmental or private vendor for the supervision of all or part of the remaining number of inmates authorized to be supervised outside this state under said subdivision (1).

(3) Any such governmental or private vendor shall agree to be bound by the provisions of the Interstate Corrections Compact, and any governmental or privately-operated facility to which state inmates are transferred pursuant to a contract under this subsection shall be located in a state which has enacted and entered into the Interstate Corrections Compact.

[(b)] (c) A state inmate confined in any governmental or privately-operated facility pursuant to the terms of any contract with the state shall at all times be subject to the authority of the Commissioner of Correction who may at any time remove the inmate for transfer to a state correctional facility or other institution, for transfer to another governmental or privately-operated facility, for release on probation or parole, for discharge or for any other purpose permitted by the laws of this state.

Sec. 157. (Effective from passage) During the fiscal years ending June 30, 2004, and June 30, 2005, the Secretary of the Office of Policy and Management may, without prior approval of the Finance Advisory Committee, transfer funds appropriated to the Department of Correction in sections 1 and 11 of public act 03-1 of the June 30 special session, as necessary to house inmates outside the state.

Sec. 158. (Effective from passage) (a) For the fiscal years ending June 30, 2004, and June 30, 2005, there is established an Alternatives to Incarceration Advisory Committee. The committee shall consist of the Commissioner of Correction, the Secretary of the Office of Policy and Management, the Chief Court Administrator, the Chief State's Attorney, the Chief Public Defender and the Commissioner of Mental Health and Addiction Services, or their designees; the cochairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, judiciary and finance. The Commissioner of Correction or the commissioner's designee, shall serve as chairperson. The committee shall meet not less than quarterly. The Department of Correction shall provide administrative support to the committee.

(b) The committee shall advise the Commissioner of Correction on expending any appropriation to the Department of Correction for Prison Overcrowding for the fiscal years ending June 30, 2004, and June 30, 2005. The committee shall investigate the feasibility and effectiveness of various alternatives to incarceration and make recommendations to the commissioner for implementation including, but not limited to: (1) Expanding the community justice center for women at the Niantic facility, (2) beginning prison-based and off-site community justice centers for the male population, (3) adding probation and parole officers to encourage diversion from incarceration and swifter release of inmates who have served periods of incarceration and making recommendations to improve the probation and parole supervision process, (4) the expansion and establishment of drug and community courts, (5) enhancement of drug and other community treatment slots for prisoners awaiting release to the community, (6) enhancement of community mental health services for prisoners awaiting release, (7) expansion of the jail diversion program and related services to divert individuals with behavioral health disorders accused of nonviolent offenses, (8) enhancement of community support services for prisoners leaving incarceration, especially the approximate one thousand four hundred prisoners awaiting release but who lack adequate support mechanisms to succeed in the community post-incarceration, (9) mechanisms to streamline the parole process in an effort to encourage earlier release of prisoners to the community if deemed appropriate by the commissioner, (10) other innovative pilot programs that will reduce recidivism among offenders under community supervision and reduce the overall rate of incarceration, and (11) examination of the department's procedures, policies and classification of inmates. In addition, the committee shall advise the commissioner and the chairperson of the Board of Parole on the integration of the two agencies.

(c) The Commissioner of Correction shall, within available appropriations for such purpose, implement alternative to incarceration initiatives to reduce prison population which may include implementation of the recommendations of the committee. The commissioner shall give great weight and deference to ensuring the safety of the public in assessing and implementing initiatives to reduce prison population.

(d) The committee shall report its findings and recommendations to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, judiciary and finance, to the Governor and to the Commission on Prison and Jail Overcrowding established under section 18-87j of the general statutes not later than February 1, 2004, and February 1, 2005. The commissioner shall include a report on initiatives to reduce prison population, including any committee recommendations, that have or are in the process of being implemented.

Sec. 159. Section 18-87k of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The commission shall: (1) Develop and recommend policies for preventing prison and jail overcrowding; (2) examine the impact of statutory provisions and current administrative policies on prison and jail overcrowding and recommend legislation to the Governor and the General Assembly; (3) annually prepare and distribute a comprehensive state criminal justice plan for preventing prison and jail overcrowding which shall include, but not be limited to, the number of persons currently involved in pretrial and postsentencing options predominantly provided through community-based agencies which minimize the number of persons requiring incarceration consistent with protection of public safety, including mediation, restitution, supervisory release and community service plans and the impact on prison populations, local communities and court caseloads. The commission shall take into account any state plans in the related areas of mental health and drug and alcohol abuse in the development of such plan. The commission shall take into account the report of the findings and recommendations of the Alternatives to Incarceration Advisory Committee established under section 158 of this act in the development of the plan. The plan shall be submitted annually to the Governor and General Assembly on or before January fifteenth; (4) research and gather relevant statistical data and other information concerning the impact of efforts to prevent prison and jail overcrowding and make such information available to criminal justice agencies and members of the General Assembly.

Sec. 160. Section 18-24a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The Board of Pardons shall be [an autonomous body] within the Department of Correction. [for administrative purposes only. ] Said board shall consist of five members, residents of this state. Biennially, a member or members shall be appointed by the Governor, with the advice and consent of either house of the General Assembly, to take office the first Monday in June in the year of their appointment for a term of six years to replace those whose terms expire. Three members shall be attorneys, one shall be skilled in one of the social sciences and one shall be a physician. Not more than three of such members holding office at any one time shall be members of any one political party. The board shall, biennially, elect its chairperson. The members of the board shall be paid a per diem fee fixed by the Commissioner of Administrative Services for attendance at each session of the board in lieu of expenses. If any member has formed an opinion in any matter that comes before it, said member shall not act concerning the same, but no member shall be disqualified by reason of having formed an opinion thereon at any former application for pardon by the same applicant. When at any session any member is absent or disqualified, the Governor may appoint a qualified person to fill the vacancy, and the person so appointed shall have the same power as any other member during such absence or disqualification. The person appointed by the Governor to fill a temporary vacancy need not necessarily possess the particular occupational or political qualifications of the member whose place such person is temporarily taking.

Sec. 161. Section 54-124a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There shall be a Board of Parole [which, on and after July 1, 1998,] within the Department of Correction which shall consist of fifteen members, including a chairman and two vice-chairmen who shall be appointed by the Governor with the advice and consent of either house of the General Assembly. The chairman and vice-chairmen shall be qualified by training, experience or education in law, criminal justice, parole matters or other related fields for the consideration of the matters before them and the other members shall be qualified by training and experience for the consideration of matters before them. In the appointment of the members, the Governor shall endeavor to reflect the racial diversity of the state.

(b) The term of the chairman and the term of each vice-chairman of the board shall be coterminous with the term of the Governor or until a successor is chosen, whichever is later. The terms of all members, except the chairman, shall expire on July 1, 1994, and on or after July 1, 1994, members shall be appointed in accordance with subsection (a) of this section as follows: Six members shall be appointed for a term of two years; and six members shall be appointed for a term of four years. Thereafter, all members shall serve for terms of four years. Any vacancy in the membership of the board shall be filled for the unexpired portion of the term by the Governor.

(c) The chairman [and vice-chairmen] shall devote [their entire] full time to the performance of [their] the duties hereunder and shall be compensated therefor in such amount as the Commissioner of Administrative Services determines, subject to the provisions of section 4-40. The other members of said board shall receive one hundred ten dollars for each day spent in the performance of their duties and shall be reimbursed for necessary expenses incurred in the performance of such duties. The chairman or, in his absence or inability to act, a member designated by him to serve temporarily as chairman, shall be present at all meetings of said board and participate in all decisions thereof.

(d) [Said chairman shall be the executive and administrative head of said board and] The Commissioner of Correction shall have the authority and responsibility for (1) directing and supervising all administrative affairs of the board, (2) preparing the budget and annual operation plan in consultation with the board, (3) assigning staff to parole panels, regions and supervision offices, (4) organizing parole hearing calendars to facilitate the timely and efficient processing of cases, (5) implementing a uniform case filing and processing system, (6) establishing policy in all areas of parole including, but not limited to, decision making, release criteria and supervision standards, (7) establishing specialized parole units as deemed necessary, (8) entering into contracts, in consultation with the board, with service providers, community programs and consultants for the proper function of parole and community supervision, (9) creating programs for staff and board member development, training and education, (10) establishing, developing and maintaining noninstitutional, community-based service programs, and (11) [consulting with the Department of Correction on shared issues including, but not limited to, prison overcrowding, and (12)] signing and issuing subpoenas to compel the attendance and testimony of witnesses at parole proceedings. Any such subpoena shall be enforceable to the same extent as subpoenas issued pursuant to section 52-143.

(e) The chairman shall have the authority and responsibility for assigning members to panels, each to be composed of two members and the chairman or a member designated to serve temporarily as chairman, for each correctional institution. Such panels shall be the paroling authority for the institutions to which they are assigned and not less than two members shall be present at each parole hearing.

(f) In the event of the temporary inability of any member other than the chairman to perform his or her duties, the Governor, at the request of the board, may appoint a qualified person to serve as a temporary member during such period of inability.

(g) The Board of Parole shall: (1) Adopt an annual budget and plan of operation, (2) adopt such rules as deemed necessary for the internal affairs of the board, (3) develop policy for and administer the operation of the Interstate Parole Compact, and (4) submit an annual report to the Governor and General Assembly.

Sec. 162. Subsection (b) of section 19a-112a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) (1) For the purposes of this section, "protocol" means the state of Connecticut [health care facility protocol for victims of sexual assault which shall consist of] Technical Guidelines for Health Care Response to Victims of Sexual Assault, including the Interim Sexual Assault Toxicology Screen Protocol, as revised from time to time and as incorporated in regulations adopted in accordance with subdivision (2) of this subsection, pertaining to the collection of evidence in any [sex offense crime] sexual assault investigation.

(2) The commission shall recommend the protocol to the Chief State's Attorney for adoption as regulations in accordance with the provisions of chapter 54. [Said regulations shall be adopted not later than July 31, 1997. ] The commission shall annually review the protocol and may annually recommend changes to the protocol for adoption as regulations.

Sec. 163. Subsection (e) of section 19a-112a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(e) (1) No costs incurred by a health care facility for the examination of [the] a victim of sexual assault, when such [an] examination is performed for the [purposes] purpose of gathering evidence as prescribed in the protocol, [described in subsection (b) of this section,] including the costs of testing for pregnancy and sexually transmitted diseases and the costs of prophylactic treatment as provided in the protocol, shall be charged directly or indirectly to [the victim of such assault] such victim. Any such [cost] costs shall be charged to the Division of Criminal Justice.

(2) No costs incurred by a health care facility for any toxicology screening of a victim of sexual assault, when such screening is performed as prescribed in the protocol, shall be charged directly or indirectly to such victim. Any such costs shall be charged to the Division of Scientific Services within the Department of Public Safety.

Sec. 164. Section 51-181b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Chief Court Administrator may establish in any [geographical area] court location or juvenile matters court location a docket separate from other criminal or juvenile matters for the hearing of criminal or juvenile matters in which a defendant is a drug-dependent person, as defined in section 21a-240. The docket [in a geographical area court location] shall be available to [, but not be limited to, offenders who are sixteen to twenty-one years of age and] offenders who could benefit from placement in a substance abuse treatment program.

(b) The Chief Court Administrator shall establish, within the appropriations designated in public act 03-1 of the June 30 special session for said purpose, one or more drug courts for the hearing of criminal or juvenile matters in which a defendant is a drug-dependent person, as defined in section 21a-240, who could benefit from placement in a substance abuse treatment program.

Sec. 165. Section 54-143a of the general statutes, as amended by section 104 of public act 03-1 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

A cost of twenty dollars shall be imposed against any person convicted of a violation, as defined in section 53a-27, under any provision of section 12-487 or sections 13b-410a to 13b-410c, inclusive; any regulation adopted in accordance with the provisions of section 12-484, 12-487 or 13b-410; or a violation of section 14-147, 14-219, 14-266, 14-267a, 14-269 or 14-270, chapter 268 or subsection (a) of section 22a-250, or any section of the general statutes the violation of which is deemed an infraction, or who forfeits a cash bond or guaranteed bail bond certificate posted under section 14-140a or under reciprocal agreements made with other states for the alleged violation of any of said sections, or who pleads nolo contendere to a violation of any of said sections and pays the fine by mail; except that such cost shall be thirty-five dollars [in the case of an infraction if the fine is thirty-five dollars, as provided in any section of the general statutes, or if the fine is established by the judges of the Superior Court pursuant to section 51-164m] for a violation of any section of the general statutes the violation of which is deemed an infraction and carries a fine of thirty-five dollars or more. The costs imposed by this section shall be deposited in the General Fund and shall be in addition to any costs imposed by section 54-143.

Sec. 166. Section 28-1 of the general statutes, as amended by section 89 of public act 03-278, is repealed and the following is substituted in lieu thereof (Effective from passage):

As used in this chapter:

(a) "Attack" means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, shellfire or atomic, radiological, chemical, bacteriological or biological means or other weapons or processes.

(b) "Major disaster" means any hurricane, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of this state which, in the determination of the President, causes damage of sufficient severity and magnitude to warrant major disaster assistance under the Federal Disaster Relief Act of 1974, above and beyond emergency services by the federal government, to supplement the efforts and available resources of this state, local governments thereof, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.

(c) "Emergency" means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of this state which requires federal emergency assistance to supplement state and local efforts to save lives and protect property, public health and safety or to avert or lessen the threat of a disaster.

(d) "Civil preparedness" means all those activities and measures designed or undertaken (1) to minimize or control the effects upon the civilian population of major disaster, (2) to minimize the effects upon the civilian population caused or which would be caused by an attack upon the United States, (3) to deal with the immediate emergency conditions which would be created by any such attack, major disaster or emergency, and (4) to effectuate emergency repairs to, or the emergency restoration of, vital utilities and facilities destroyed or damaged by any such attack, major disaster or emergency. Such term shall include, but shall not be limited to, (A) measures to be taken in preparation for anticipated attack, major disaster or emergency, including the establishment of appropriate organizations, operational plans and supporting agreements; the recruitment and training of personnel; the conduct of research; the procurement and stockpiling of necessary materials and supplies; the provision of suitable warning systems; the construction and preparation of shelters, shelter areas and control centers; and, when appropriate, the nonmilitary evacuation of the civilian population; (B) measures to be taken during attack, major disaster or emergency, including the enforcement of passive defense regulations prescribed by duly established military or civil authorities; the evacuation of personnel to shelter areas; the control of traffic and panic; and the control and use of lighting and civil communication; and (C) measures to be taken following attack, major disaster or emergency, including activities for fire fighting; rescue, emergency medical, health and sanitation services; monitoring for specific hazards of special weapons; unexploded bomb reconnaissance; essential debris clearance; emergency welfare measures; and immediately essential emergency repair or restoration of damaged vital facilities.

(e) "Civil preparedness forces" means any organized personnel engaged in carrying out civil preparedness functions in accordance with the provisions of this chapter or any regulation or order thereunder. All the police and fire forces of the state or any political subdivision of the state, or any part of any political subdivision, including all the auxiliaries of these forces, shall be construed to be a part of the civil preparedness forces. The Connecticut Disaster Medical Assistance Team and the Medical Reserve Corps, under the auspices of the Department of Public Health, the Connecticut Urban Search and Rescue Team, under the auspices of the Department of Public Safety, and the Connecticut Behavioral Health Regional Crisis Response Teams, under the auspices of the Department of Mental Health and Addiction Services and the Department of Children and Families, and their members, shall be construed to be a part of the civil preparedness forces while engaging in authorized civil preparedness duty or while assisting or engaging in authorized training for the purpose of eligibility for immunity from liability as provided in section 28-13 and for death, disability and injury benefits as provided in section 28-14. Any member of the civil preparedness forces who is called upon either by civil preparedness personnel or state or municipal police personnel to assist in any emergency shall be deemed to be engaging in civil preparedness duty while assisting in such emergency or while engaging in training under the auspices of the Office of Emergency Management or the state or municipal police department, for the purpose of eligibility for death, disability and injury benefits as provided in section 28-14.

(f) "Mobile support unit" means an organization of civil preparedness forces created in accordance with the provisions of this chapter to be dispatched by the Governor or state director of emergency management supplement civil preparedness forces in a stricken or threatened area.

(g) "Civil preparedness emergency" or "disaster emergency" means an emergency declared by the Governor under the provisions of this chapter in the event of serious disaster or of enemy attack, sabotage or other hostile action within the state or a neighboring state, or in the event of the imminence thereof.

(h) "Local civil preparedness emergency" or "disaster emergency" means an emergency declared by the chief executive officer of any town or city in the event of serious disaster affecting such town or city.

(i) "Governor" means the Governor or anyone legally administering the office of Governor.

(j) "Political subdivision" means any city, town, municipality, borough or other unit of local government.

Sec. 167. (Effective from passage) Not later than January 1, 2004, the Office of Emergency Management shall prepare and submit to the General Assembly a state emergency preparedness plan. Such plan shall provide for responding in the event of a national, regional or state-wide emergency.

Sec. 168. (NEW) (Effective from passage) Any paid or volunteer firefighter, police officer or emergency medical service personnel who successfully completes a training course in the use of automatic prefilled cartridge injectors may carry and use such injectors containing nerve agent antidote medications in the event of a nerve agent exposure for self-preservation or unit preservation. Such training course shall be approved by the director of the Office of Emergency Management and provided by the Connecticut Fire Academy, the Capitol Region Metropolitan Medical Response System or the federal government.

Sec. 169. Subsection (a) of section 7-294d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) The Police Officer Standards and Training Council shall have the following powers:

(1) To develop and periodically update and revise a comprehensive municipal police training plan;

(2) To approve, or revoke the approval of, any police training school and to issue certification to such schools and to revoke such certification;

(3) To set the minimum courses of study and attendance required and the equipment and facilities to be required of approved police training schools;

(4) To set the minimum qualifications for law enforcement instructors and to issue appropriate certification to such instructors;

(5) To require that all probationary candidates receive the hours of basic training deemed necessary before being eligible for certification, such basic training to be completed within one year following the appointment as a probationary candidate, unless the candidate is granted additional time to complete such basic training by the council;

(6) To require the registration of probationary candidates with the academy within ten days of hiring for the purpose of scheduling training;

(7) To issue appropriate certification to police officers who have satisfactorily completed minimum basic training programs;

(8) To require that each police officer satisfactorily complete at least forty hours of certified review training every three years in order to maintain certification, unless the officer is granted additional time not to exceed one year to complete such training by the council;

(9) To renew the certification of those police officers who have satisfactorily completed review training programs;

(10) To establish uniform minimum educational and training standards for employment as a police officer in full-time positions, temporary or probationary positions and part-time or voluntary positions;

(11) To visit and inspect police basic training schools and to inspect each school at least once each year;

(12) To consult with and cooperate with universities, colleges and institutes for the development of specialized courses of study for police officers in police science and police administration;

(13) To consult with and cooperate with departments and agencies of this state and other states and the federal government concerned with police training;

(14) To employ an executive director and any other personnel that may be necessary in the performance of its functions;

(15) To perform any other acts that may be necessary and appropriate to carry out the functions of the council as set forth in sections 7-294a to 7-294e, inclusive;

(16) To accept contributions, grants, gifts, donations, services or other financial assistance from any governmental unit, public agency or the private sector;

(17) To conduct any inspection and evaluation that may be necessary to determine if a law enforcement unit is complying with the provisions of this section;

(18) At the request and expense of any law enforcement unit, to conduct general or specific management surveys;

(19) To develop objective and uniform criteria for granting any waiver of regulations or procedures established by the council;

(20) To recruit, select and appoint candidates to the position of probationary candidate, as defined in section 7-294a, and provide recruit training for candidates of the Connecticut Police Corps program in accordance with the Police Corps Act, 42 USC 14091 et seq. , as amended from time to time;

(21) To develop, adopt and revise, as necessary, comprehensive accreditation standards for the administration and management of law enforcement units, to grant accreditation to those law enforcement units that demonstrate their compliance with such standards and, at the request and expense of any law enforcement unit, to conduct such surveys as may be necessary to determine such unit's compliance with such standards;

(22) To appoint any council training instructor, or such other person as determined by the council, to act as a special police officer throughout the state as such instructor or other person's official duties may require, provided any such instructor or other person so appointed shall be a certified police officer. Each such special police officer shall be sworn and may arrest and present before a competent authority any person for any offense committed within the officer's precinct.

Sec. 170. (Effective from passage) Notwithstanding the provisions of sections 7-294d and 7-294e of the general statutes, as amended by this act, and any regulations adopted to carry out the provisions thereof, a police chief hired by a municipality in this state (1) who previously served as a police officer in this state for a minimum of twenty-five years, (2) who served as a deputy chief of police of a municipality in this state, and (3) whose certification lapsed while serving as a chief of police of a municipality in a contiguous state after July 1, 1997, and prior to April 1, 2000, shall be considered to be certified and shall not be required to comply with the provisions of subsection (b) of section 7-294d of the general statutes, as amended by this act, and any regulations adopted to carry out the provisions thereof, except for the provisions of said subsection that prohibit service as a police officer during any period when his certification has been cancelled or revoked pursuant to subsection (c) of said section.

Sec. 171. Deleted.

Sec. 172. (NEW) (Effective from passage) The Secretary of the Office of Policy and Management may, within available appropriations, reimburse state residents who are official state advocates before any federal base relocation closure commission for the reasonable expenses incurred for travel while attending meetings of said commission.

Sec. 173. Subsection (b) of section 12-564 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The executive director shall, with the advice and consent of the board, conduct studies concerning the effect of legalized gambling on the citizens of this state [,] including, but not limited to, studies to determine the types of gambling activity engaged in by the public and the desirability of expanding, maintaining or reducing the amount of legalized gambling permitted in this state. Such studies shall be conducted as often as the executive director deems necessary but in no event shall a study be conducted less than once every [seven] ten years. The joint standing committees of the General Assembly having cognizance of matters relating to legalized gambling shall each receive a report concerning each study carried out, stating the findings of the study and the costs of conducting the study.

Sec. 174. Section 29-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

[By July 1, 2001] On and after January 1, 2006, the Commissioner of Public Safety shall appoint and maintain a minimum of one thousand two hundred forty-eight sworn state police personnel to efficiently maintain the operation of the division. On or after June 6, 1990, the commissioner shall appoint from among such personnel not more than two lieutenant colonels who shall be in the unclassified service as provided in section 5-198, as amended. Any permanent employee in the classified service who accepts appointment to the position of lieutenant colonel in the unclassified service may return to the classified service at such employee's former rank. The position of major in the classified service shall be abolished on July 1, 1999, but any existing position of major in the classified service may continue until termination of service. The commissioner shall appoint not more than eight majors who shall be in the unclassified service as provided in section 5-198, as amended. Any permanent employee in the classified service who accepts appointment to the position of major in the unclassified service may return to the classified service at such permanent employee's former rank. The commissioner, subject to the provisions of chapter 67, shall appoint such numbers of captains, lieutenants, sergeants, detectives and corporals as the commissioner deems necessary to officer efficiently the state police force. The commissioner may appoint a Deputy State Fire Marshal who shall be in the unclassified service as provided in section 5-198, as amended. Any permanent employee in the classified service who accepts appointment to the position of Deputy State Fire Marshal in the unclassified service may return to the classified service at such employee's former rank, class or grade, whichever is applicable. The commissioner shall establish such divisions as the commissioner deems necessary for effective operation of the state police force and consistent with budgetary allotments, a Criminal Intelligence Division and a state-wide organized crime investigative task force to be engaged throughout the state for the purpose of preventing and detecting any violation of the criminal law. The head of the Criminal Intelligence Division shall be of the rank of sergeant or above. The head of the state-wide organized crime investigative task force shall be a police officer. Salaries of the members of the Division of State Police within the Department of Public Safety shall be fixed by the Commissioner of Administrative Services as provided in section 4-40. Subsistence shall be maintained for state police personnel at the expense of the state, and said police personnel shall be reimbursed for all expenses incurred in the performance of official duty. Said police personnel may be promoted, demoted, suspended or removed by the commissioner, but no final dismissal from the service shall be ordered until a hearing has been had before said commissioner on charges preferred against such officer. Each state police officer shall, before entering upon such officer's duties, be sworn to the faithful performance of such duties. The Commissioner of Public Safety shall designate an adequate patrol force for motor patrol work exclusively.

Sec. 175. (NEW) (Effective from passage) (a) One or more foreign corporations, as defined in section 33-1002 of the general statutes, may merge with one or more domestic corporations, as defined in section 33-1002 of the general statutes, if:

(1) The merger is permitted by the law of the state or country under whose law each foreign corporation is incorporated and each foreign corporation complies with that law in effecting the merger;

(2) The foreign corporation complies with section 33-1157 of the general statutes, as amended, if it is the surviving corporation of the merger; and

(3) Each domestic corporation complies with the applicable provisions of sections 33-1155 and 33-1156 of the general statutes, as amended, and, if it is the surviving corporation of the merger, with section 33-1157 of the general statutes, as amended.

(b) Upon the merger taking effect, the surviving foreign corporation of a merger is deemed to appoint the Secretary of the State and the Secretary of the State's successors in office as its agent for service of process in a proceeding to enforce any obligation or the rights of members of each domestic corporation party to the merger.

Sec. 176. Section 51-81d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Superior Court, in accordance with rules established by the judges of the Superior Court, may (1) establish a Client Security Fund to (A) reimburse claims for losses caused by the dishonest conduct of attorneys admitted to the practice of law in this state and incurred in the course of an attorney-client relationship, and (B) provide for crisis intervention and referral assistance to attorneys admitted to the practice of law in this state who suffer from alcohol or other substance abuse problems or gambling problems, or who have behavioral health problems, and (2) assess any person admitted as an attorney by the Superior Court, in accordance with section 51-80, an annual fee to be deposited in said Client Security Fund. Such crisis intervention and referral assistance (i) shall be provided with the assistance of an advisory committee, to be appointed by the Chief Court Administrator, that includes one or more behavioral health professionals, and (ii) shall not be deemed to constitute the practice of medicine or mental health care.

(b) The Commissioner of Revenue Services, or the commissioner's designee, shall collect any fee established pursuant to subsection (a) of this section, record such payments with the State Comptroller and deposit such payments promptly with the State Treasurer, who shall credit such payments to the Client Security Fund. The Treasurer shall maintain the Client Security Fund separate and apart from all other moneys, funds and accounts and shall credit any interest earned from the Client Security Fund to the fund. Any interest earned from the fund [during the period from its inception to May 26, 2000, shall be retroactively] shall be credited to the fund.

(c) The Client Security Fund shall be used [only] to satisfy the claims approved in accordance with procedures established pursuant to rules of the Superior Court, to provide funding for crisis intervention and referral assistance pursuant to subparagraph (B) of subdivision (1) of subsection (a) of this section and to pay the reasonable costs of administration of the fund.

(d) No such fee shall be assessed to any attorney described in subsection (g) of section 51-81b, except that any attorney who does not engage in the practice of law as an occupation and receives less than four hundred fifty dollars in legal fees or other compensation for services involving the practice of law during the calendar year shall be obligated to pay one-half of such fee.

[(d)] (e) The Commissioner of Revenue Services shall notify the Chief Court Administrator or his designee of the failure of any person to pay any fee assessed in accordance with subsection (a) of this section.

Sec. 177. Subsection (a) of section 54-56g of the general statutes, as amended by section 11 of public act 03-244, is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) There shall be a pretrial alcohol education system for persons charged with a violation of section 14-227a or 14-227g and the provisions of sections 15-133, 15-140l and 15-140n, as amended by [this act] public act 03-244. Upon application by any such person for participation in such system and payment to the court of an application fee of fifty dollars and a nonrefundable evaluation fee of one hundred dollars, the court shall, but only as to the public, order the court file sealed, provided such person states under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under penalties of perjury that: (1) If such person is charged with a violation of section 14-227a, such person has [never] not had such system invoked in such person's behalf [and that] within the preceding ten years for a violation of section 14-227a, (2) if such person is charged with a violation of section 14-227g, such person has never had such system invoked in such person's behalf for a violation of section 14-227a or 14-227g, (3) such person has not been convicted of a violation of section 53a-56b or 53a-60d, a violation of subsection (a) of section 14-227a before or after October 1, 1981, or a violation of subdivision (1) or (2) of subsection (a) of section 14-227a on or after October 1, 1985, and [that] (4) such person has not been convicted in any other state at any time of an offense the essential elements of which are substantially the same as section 53a-56b or 53a-60d or subdivision (1) or (2) of subsection (a) of section 14-227a. Unless good cause is shown, a person shall be ineligible for participation in such pretrial alcohol education system if such person's alleged violation of section 14-227a or 14-227g caused the serious physical injury, as defined in section 53a-3, of another person. The fee imposed by this subsection shall be credited to the Criminal Injuries Compensation Fund established by section 54-215.

Sec. 178. (Effective from passage) Any marriage celebrated on or after November 1, 2000, and prior to December 1, 2000, otherwise valid except that the marriage was not solemnized according to the forms and usages of any religious denomination in this state, is validated, provided the person who joined such persons in marriage represented himself or herself to be a clergyman, priest, minister, rabbi or practitioner of any religious denomination accredited by the religious body to which he or she belongs and such persons reasonably relied upon such representation.

Sec. 179. Section 12-574d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The executive director of the Division of Special Revenue [shall, within available appropriations,] may order the random collection and testing of urine specimens from racing dogs following a race or at any time during a meet conducted by any licensee authorized to conduct dog racing events under the pari-mutuel system. If the executive director determines from such random testing that the integrity of dog racing events may be compromised, the executive director may order the conduct of more frequent testing at one or more dog race tracks for such period of time as the executive director deems necessary or advisable. The executive director shall determine the laboratory responsible for the conduct of such testing and the amount of the fee for such test which shall be based upon the actual cost of such test and which shall be payable on a basis determined by the executive director. Each such licensee shall pay such fee directly to such laboratory with respect to racing dogs at its dog race track.

(b) The executive director shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of subsection (a) of this section. The executive director may implement policies and procedures necessary to carry out the provisions of subsection (a) of this section while in the process of adopting regulations, provided the executive director prints notice of intent to adopt the regulations in the Connecticut Law Journal within twenty days after implementation. Such policies and procedures shall be valid until the time final regulations are effective.

Sec. 180. Section 12-577 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

[(a)] The executive director shall annually cause to be made by some competent person or persons in [his] the executive director's division a thorough audit of the books and records of each association licensee under this chapter and [he] the executive director may, from time to time, cause to be made by some competent person in [his] the executive director's division a thorough audit of the books and records of any other person or business organization licensed under this chapter. All such audit records shall be kept on file in [his] the executive director's office at all times and copies shall be forwarded to the board immediately upon completion thereof. [; and each] Each licensee shall permit access to its books and records for the purpose of having such audit made, and shall produce, upon written order of the executive director, any [and all papers] documents and information required for such purpose.

[(b) (1) The Auditors of Public Accounts shall, as part of their audit of the accounts and records of The University of Connecticut, audit the accounts and records of the microchemistry laboratory at The University of Connecticut which is responsible for the testing of urine of racing dogs. Said auditors shall make a separate report of their findings relative to the microchemistry laboratory.

(2) The executive director of the Division of Special Revenue shall transfer urine specimens collected from racing dogs pursuant to section 12-574d to the microchemistry laboratory for the testing of such urine specimens. The laboratory shall conduct, within available appropriations, such number of tests on such specimens as required, provided the total number of such tests conducted does not exceed twenty thousand samples in each fiscal year, and provided, if only one facility for dog racing is operating, the total number of such tests conducted does not exceed sixteen thousand samples in each fiscal year. ]

Sec. 181. Subsection (c) of section 20-353 of the general statutes, as amended by section 4 of public act 03-261, is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(c) The Department of Consumer Protection, at the direction of the board, may issue a limited technician license or a limited dealer technician license to any person for the installation of a dish antenna, as defined in section 20-342. Such person shall have successfully completed [an apprenticeship and] a training program established and approved by the state apprentice training division of the Labor Department [with the advice of the Connecticut State Apprenticeship Council] and shall have passed an examination approved or administered by the Department of Consumer Protection.

Sec. 182. Section 20-353 of the general statutes, as amended by section 4 of public act 03-261, is amended by adding subsection (d) as follows (Effective October 1, 2003):

(NEW) (d) The content and duration of the training and experience program shall be relevant to the duties of the employee and shall be approved biennially by the state apprentice training division of the Labor Department. In reviewing the program and training, the state apprentice training division shall consider the specialization of the employees of the company, the employee's previous company training, the service record of the company, the experience of the company in training employees, the work performed by the company and the quality assurance measures used by the company.

Sec. 183. Subsection (g) of section 12-170aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to assessment years commencing on or after October 1, 2002):

(g) On or before July first, annually, each municipality shall submit to the secretary, a claim for the tax reductions approved under this section in relation to the assessment list of October first immediately preceding. On or after December 1, 1987, any municipality which neglects to transmit to the secretary the claim as required by this section shall forfeit two hundred fifty dollars to the state provided the secretary may waive such forfeiture in accordance with procedures and standards established by regulations adopted in accordance with chapter 54. Subject to procedures for review and approval of such data pursuant to section 12-120b, said secretary shall, on or before December first next following, certify to the Comptroller the amount due each municipality as reimbursement for loss of property tax revenue related to the tax reductions allowed under this section. The Comptroller shall draw an order on the Treasurer on or before the fifteenth day of December and the Treasurer shall pay the amount due each municipality not later than the thirty-first day of December. Any claimant aggrieved by the results of the secretary's review shall have the rights of appeal as set forth in section 12-120b. The amount of the grant payable to each municipality in any year in accordance with this section shall be reduced proportionately in the event that the total of such grants in such year exceeds the amount appropriated for the purposes of this section with respect to such year.

Sec. 184. Section 12-94b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to assessment years commencing on or after October 1, 2002):

On or before March fifteenth, annually, commencing March 15, 1998, the assessor or board of assessors of each municipality shall certify to the Secretary of the Office of Policy and Management, on a form furnished by said secretary, the amount of exemptions approved under the provisions of subdivisions (72) and (74) of section 12-81, together with such supporting information as said secretary may require including the number of taxpayers with approved claims under said subdivisions (72) and (74) and the original copy of the applications filed by them. Said secretary shall review each such claim as provided in section 12-120b. Not later than December first next succeeding the conclusion of the assessment year for which the assessor approved such exemption, the secretary shall notify each claimant of the modification or denial of the claimant's exemption, in accordance with the procedure set forth in section 12-120b. Any claimant aggrieved by the results of the secretary's review shall have the rights of appeal as set forth in section 12-120b. With respect to property first approved for exemption under the provisions of subdivisions (72) and (74) of section 12-81 for the assessment years commencing on or after October 1, 2000, the grant payable for such property to any municipality under the provisions of this section shall be equal to eighty per cent of the property taxes which, except for the exemption under the provisions of subdivisions (72) and (74) of section 12-81, would have been paid. The secretary shall, on or before December fifteenth, annually, certify to the Comptroller the amount due each municipality under the provisions of this section, including any modification of such claim made prior to December first, and the Comptroller shall draw an order on the Treasurer on or before the twenty-fourth day of December following and the Treasurer shall pay the amount thereof to such municipality on or before the thirty-first day of December following. If any modification is made as the result of the provisions of this section on or after the December fifteenth following the date on which the assessor has provided the amount of the exemption in question, any adjustments to the amount due to any municipality for the period for which such modification was made shall be made in the next payment the Treasurer shall make to such municipality pursuant to this section. The amount of the grant payable to each municipality in any year in accordance with this section shall be reduced proportionately in the event that the total of such grants in such year exceeds the amount appropriated for the purposes of this section with respect to such year. As used in this section, "municipality" means each town, city, borough, consolidated town and city and consolidated town and borough and each district, as defined in section 7-324, and "next succeeding" means the second such date.

Sec. 185. Subsection (a) of section 7-127d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is established a neighborhood youth center grant program which shall be administered by the Office of Policy and Management, except that operation of the program shall be suspended for the fiscal years ending June 30, 2004, and June 30, 2005.

Sec. 186. Subsection (a) of section 7-127e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Office of Policy and Management shall solicit competitive proposals under this program for the fiscal years beginning July 1, 1996, and July 1, 1999, and every two years thereafter, except that no competitive proposals shall be solicited for the fiscal years ending June 30, 2004, and June 30, 2005. The Office of Policy and Management shall notify the eligible agencies of the amount of funds provided for each city in accordance with section 7-127d. Eligible agencies may file a grant application with the Office of Policy and Management on such form and at such time as that office may require.

Sec. 187. Section 12-20b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to assessment years commencing on or after October 1, 2002):

(a) Not later than April first in each year, any municipality to which a grant is payable under the provisions of section 12-20a shall provide the Secretary of the Office of Policy and Management with the assessed valuation of the tax-exempt real property as of the immediately preceding October first, adjusted in accordance with any gradual increase in or deferment of assessed values of real property implemented in accordance with section 12-62c or subsection (e) of section 12-62a, which is required for computation of such grant. Any municipality which neglects to transmit to the Secretary of the Office of Policy and Management the assessed valuation as required by this section shall forfeit two hundred fifty dollars to the state, provided the secretary may waive such forfeiture in accordance with procedures and standards adopted by regulation in accordance with chapter 54. Said secretary may, on or before the first day of August of the state fiscal year in which such grant is payable, reevaluate any such property when, in his judgment, the valuation is inaccurate and shall notify such municipality of such reevaluation. Any municipality aggrieved by the action of said secretary under the provisions of this section may, not later than ten business days following receipt of such notice, appeal to the secretary for a hearing concerning such reevaluation, provided such appeal shall be in writing and shall include a statement as to the reasons for such appeal. The secretary shall, not later than ten business days following receipt of such appeal, grant or deny such hearing by notification in writing, including in the event of a denial, a statement as to the reasons for such denial. If any municipality is aggrieved by the action of the secretary following such hearing or in denying any such hearing, the municipality may within two weeks of such notice, appeal to the superior court for the judicial district in which the municipality is located. Any such appeal shall be privileged. Said secretary shall certify to the Comptroller the amount due each municipality under the provisions of section 12-20a, or under any recomputation occurring prior to September first which may be effected as the result of the provisions of this section, and the Comptroller shall draw his order on the Treasurer on or before the fifteenth day of September following and the Treasurer shall pay the amount thereof to such municipality on or before the thirtieth day of September following. If any recomputation is effected as the result of the provisions of this section on or after the January first following the date on which the municipality has provided the assessed valuation in question, any adjustments to the amount due to any municipality for the period for which such adjustments were made shall be made in the next payment the Treasurer shall make to such municipality pursuant to this section.

(b) Notwithstanding the provisions of section 12-20a or subsection (a) of this section, the amount due the municipality of Branford, on or before the thirtieth day of September, annually, with respect to the Connecticut Hospice, in Branford, shall be one hundred thousand dollars, which amount shall be paid from the annual appropriation, from the General Fund, for Reimbursement to Towns for Loss of Taxes on Private Tax-Exempt Property.

Sec. 188. Deleted.

Sec. 189. Subdivision (3) of section 46a-51 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(3) "Commission legal counsel" means [the counsel] a member of the legal staff employed by the commission pursuant to section 46a-54, as amended by this act.

Sec. 190. Subdivision (3) of section 46a-54 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(3) To employ [a commission counsel who shall not be subject to the provisions of chapter 67] legal staff as necessary to perform the duties and responsibilities under section 46a-55, as amended by this act.

Sec. 191. Section 46a-55 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The [commission counsel shall] executive director shall assign a commission legal counsel to represent the commission in any proceeding wherein any state agency or state officer is an adversary party and may represent the commission in such other matters as the commission and the Attorney General may jointly prescribe. [The] Each commission legal counsel shall be a member of the bar of this state and shall report to the executive director on a day-to-day basis. [The executive director shall evaluate the performance of the commission counsel. ]

Sec. 192. Subdivision (2) of subsection (d) of section 46a-82e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(2) The clerk, upon receipt of the petition and if the clerk finds it to be in the proper form, shall fix a date for the hearing and sign the notice of hearing. The hearing date shall be no more than thirty days after the clerk signs the notice. Service shall be made on the commission and all persons named in the discriminatory practice complaint at least twenty days prior to the date of hearing by United States mail, certified or registered, postage prepaid, return receipt requested, without the use of a state marshal or other officer. Service on the commission shall be made on the executive director of the commission or [the] a commission legal counsel. Within five days of service, the petitioner shall file with the court an affidavit stating the date and manner in which a copy of the petition was served and attach to the affidavit the return receipts indicating delivery of the petition.

Sec. 193. Subsection (d) of section 46a-83 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) Before issuing a finding of reasonable cause or no reasonable cause, the investigator shall afford each party and his representative an opportunity to provide written or oral comments on all evidence in the commission's file, except as otherwise provided by federal law or any other provision of the general statutes. The investigator shall consider such comments in making his determination. The investigator shall make a finding of reasonable cause or no reasonable cause in writing and shall list the factual findings on which it is based not later than one hundred ninety days from the date of the determination based on the review of the complaint, conducted pursuant to subsection (b) of this section, except that for good cause shown, the executive director or his designee may grant no more than two extensions of the investigation of three months each. If the investigator makes a determination that there is reasonable cause to believe that a violation of section 46a-64c has occurred, the complainant and the respondent shall have twenty days from receipt of notice of the reasonable cause finding to elect a civil action in lieu of an administrative hearing pursuant to section 46a-84, as amended by this act. If either the complainant or the respondent requests a civil action, the commission, through the Attorney General or [the] a commission legal counsel, shall commence an action pursuant to subsection (b) of section 46a-89 within forty-five days of receipt of the complainant's or the respondent's notice of election of a civil action.

Sec. 194. Subsection (d) of section 46a-84 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) The case in support of the complaint shall be presented at the hearing by the Attorney General, who shall be counsel for the commission, or by [the] a commission legal counsel as provided in section 46a-55, as amended by this act, as the case may be. If the Attorney General or the commission legal counsel determines that a material mistake of law or fact has been made in the finding of reasonable cause, he may withdraw the certification of the complaint and remand the file to the investigator for further action. The complainant may be represented by an attorney of his own choice. If the Attorney General or the commission legal counsel, as the case may be, determines that the interests of the state will not be adversely affected, he may allow the attorney for the complainant to present all or part of the case in support of the complaint. No commissioner may participate in the deliberations of the presiding officer in the case.

Sec. 195. Subsection (a) of section 46a-95 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The commission through the Attorney General, [the] a commission legal counsel, or the complainant may petition the court within the judicial district wherein any discriminatory practice occurred or in which any person charged with a discriminatory practice resides or transacts business, for the enforcement of any order issued by a presiding officer under the provisions of this chapter and for appropriate temporary relief or a restraining order.

Sec. 196. (Effective from passage) Notwithstanding the provisions of the general statutes, at the request of the Secretary of the Office of Policy and Management, the Comptroller shall transfer up to $ 3,600,000 from the resources of the Banking Fund, to Other Expenses, for relocation expenses and furniture costs for the Department of Banking during the fiscal years ending June 30, 2003, and June 30, 2004. The Banking Commissioner is authorized to reimburse the Department of Public Works from funds available in Other Expenses for amounts paid by the Department of Public Works on behalf of the Department of Banking for such relocation expenses, furniture costs and rent during the fiscal years ending June 30, 2003, and June 30, 2004.

Sec. 197. Section 17b-242 of the general statutes, as amended by section 8 of public act 03-2, is amended by adding subsection (d) as follows (Effective from passage):

(NEW) (d) The home health services fee schedule established pursuant to subsection (c) of this section shall include rates for psychiatric nurse visits.

Sec. 198. (Effective from passage) The rates established pursuant to subsection (c) of section 17b-242 of the general statutes, as amended by section 8 of public act 03-2 and section 15 of this act, shall be established after consultation by the Commissioner of Social Services with the chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies. The rates shall be effective not later than January 1, 2004, and shall be submitted to said chairpersons for their review and comment not later than December 15, 2003.

Sec. 199. (Effective from passage) For the fiscal year ending June 30, 2004, $ 140,986 of the amount appropriated in section 1 of public act 03-1 of the June 30 special session to the Department of Economic and Community Development for the Subsidized Assisted Living Demonstration account shall be transferred to the Housing Assistance and Counseling account. For the fiscal year ending June 30, 2005, $ 160,000 of the amount appropriated in section 11 of public act 03-1 of the June 30 special session to the Department of Economic and Community Development for the Subsidized Assisted Living Demonstration account shall be transferred to the Housing Assistance and Counseling account.

Sec. 200. Section 10a-99 of the general statutes, as amended by section 23 of public act 03-19, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Subject to the provisions of section 10a-26, the Board of Trustees of the Connecticut State University System shall fix fees for tuition and shall fix fees for such other purposes as the board deems necessary at the university, and may make refunds of the same.

(b) The Board of Trustees of the Connecticut State University System shall establish and administer a fund to be known as the Connecticut State University System Operating Fund. Appropriations from general revenues of the state and upon request by the Connecticut State University system and with the annual review and approval by the Secretary of the Office of Policy and Management, the amount of the appropriations for fringe benefits pursuant to subsection (a) of section 4-73, shall be transferred from the State Comptroller and all tuition revenue received by the Connecticut State University system in accordance with the provisions of subsection (a) of this section shall be deposited in said fund. Income from student fees or related charges, the proceeds of auxiliary activities and business enterprises, gifts and donations, federal funds and grants, subject to the provisions of sections 10a-98 to 10a-98g, inclusive, and all receipts derived from the conduct by a state university of its education extension program and its summer school session shall be credited to said fund but shall be allocated to the central office and institutional operating accounts which shall be established and maintained for the central office and each state university. Any such gifts and donations, federal funds and grants for purposes of research shall be allocated to separate accounts within such central office and institutional operating accounts. If the Secretary of the Office of Policy and Management disapproves such transfer, he may require the amount of the appropriation for operating expenses to be used for personal services and fringe benefits to be excluded from said fund. The State Treasurer shall review and approve the transfer prior to such request by the university. The board of trustees shall establish an equitable policy for allocation of appropriations from general revenues of the state, fringe benefits transferred from the State Comptroller and tuition revenue deposited in the Connecticut State University System Operating Fund. At the beginning of each quarter of the fiscal year, the board shall allocate and transfer, in accordance with said policy, moneys for expenditure in such institutional operating accounts, exclusive of amounts retained for central office operations and reasonable reserves for future distribution. All costs of waiving or remitting tuition pursuant to subsection (e) of this section shall be charged to the Connecticut State University System Operating Fund. Repairs, alterations or additions to facilities supported by the Connecticut State University System Operating Fund and costing one million dollars or more shall require the approval of the General Assembly, or when the General Assembly is not in session, of the Finance Advisory Committee. Any balance of receipts above expenditures shall remain in said fund, except such sums as may be required for deposit into a debt service fund or the General Fund for further payment by the Treasurer of debt service on general obligation bonds of the state issued for purposes of the Connecticut State University system.

(c) Commencing December 1, 1984, and thereafter within sixty days of the close of each quarter, the board of trustees shall submit to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and the Office of Policy and Management, through the Board of Governors of Higher Education, a report on the actual expenditures of the Connecticut State University System Operating Fund containing such relevant information as the Board of Governors of Higher Education may require.

(d) Said board shall waive the payment of tuition fees at the Connecticut State University system (1) for any dependent child of a person whom the armed forces of the United States has declared to be missing in action or to have been a prisoner of war while serving in such armed forces after January 1, 1960, which child has been accepted for admission to such institution and is a resident of Connecticut at the time such child is accepted for admission to such institution, (2) for any veteran having served in time of war, as defined in subsection (a) of section 27-103, or who served in either a combat or combat support role in the invasion of Grenada, October 25, 1983, to December 15, 1983, the invasion of Panama, December 20, 1989, to January 31, 1990, or the peace-keeping mission in Lebanon, September 29, 1982, to March 30, 1984, who has been accepted for admission to such institution and is a resident of Connecticut at the time such veteran is accepted for admission to such institution, (3) for any resident of Connecticut sixty-two years of age or older who has been accepted for admission to such institution, provided (A) such person is enrolled in a degree-granting program, or (B) at the end of the regular registration period, there are enrolled in the course a sufficient number of students other than those persons eligible for waivers pursuant to this subdivision to offer the course in which such person intends to enroll and there is space available in such course after accommodating all such students, (4) for any student attending the Connecticut Police Academy who is enrolled in a law enforcement program at said academy offered in coordination with the university which accredits courses taken in such program, (5) for any active member of the Connecticut Army or Air National Guard who (A) is a resident of Connecticut, (B) has been certified by the Adjutant General or such Adjutant General's designee as a member in good standing of the guard, and (C) is enrolled or accepted for admission to such institution on a full-time or part-time basis in an undergraduate degree-granting program, (6) for any dependent child of a (A) police officer, as defined in section 7-294a, or supernumerary or auxiliary police officer, (B) firefighter, as defined in section 7-323j, or member of a volunteer fire company, (C) municipal employee, or (D) state employee, as defined in section 5-154, killed in the line of duty, and (7) for any resident of this state who is a dependent child or surviving spouse of a specified terrorist victim who was a resident of the state. If any person who receives a tuition waiver in accordance with the provisions of this subsection also receives educational reimbursement from an employer, such waiver shall be reduced by the amount of such educational reimbursement. Veterans described in subdivision (2) of this subsection and members of the National Guard described in subdivision (5) of this subsection shall be given the same status as students not receiving tuition waivers in registering for courses at Connecticut state universities.

(e) Said board shall set aside from its anticipated tuition revenue, an amount not less than that required by the board of governors' tuition policy established under subdivision (3) of subsection (a) of section 10a-6. Such funds shall be used to provide tuition waivers, tuition remissions, grants for educational expenses and student employment for any undergraduate or graduate student who is enrolled as a full or part-time matriculated student in a degree-granting program, or enrolled in a precollege remedial program, and who demonstrates substantial financial need. Said board may also set aside from its anticipated tuition revenue an additional amount equal to one per cent of said tuition revenue for financial assistance for students who would not otherwise be eligible for financial assistance but who do have a financial need as determined by the university in accordance with this subsection. In determining such financial need, the university shall exclude the value of equity in the principal residence of the student's parents or legal guardians, or in the student's principal residence if the student is not considered to be a dependent of his parents or legal guardians and shall assess the earnings of a dependent student at the rate of thirty per cent.

(f) The Connecticut State University System Operating Fund shall be reimbursed for the amount by which the tuition waivers granted under subsection (d) of this section exceed two and one-half per cent of tuition revenue through an annual state appropriation. The board of trustees shall request such an appropriation and said appropriation shall be based upon an estimate of tuition revenue loss using tuition rates in effect for the fiscal year in which such appropriation will apply.

[(g) Notwithstanding the provisions of section 5-259 or any other provision of the general statutes limiting eligibility of state employees for coverage under a plan identified in section 5-259, graduate assistants at the university shall be eligible to receive such coverage provided they are employed for a sufficient number of hours to equal at least fifty per cent of full-time, as defined by said board. ]

Sec. 201. Section 10a-105 of the general statutes, as amended by section 24 of public act 03-19, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Subject to the provisions of sections 10a-8 and 10a-26, the Board of Trustees of The University of Connecticut shall fix fees for tuition and shall fix fees for such other purposes as the board deems necessary at The University of Connecticut, and may make refunds of the same.

(b) The Board of Trustees of The University of Connecticut shall establish and administer a fund to be known as The University of Connecticut Operating Fund, and in addition, may establish a Special External Gift Fund, and an endowment fund, as defined in section 10a-109c, and such other funds as may be established pursuant to subdivision (13) of subsection (a) of section 10a-109d. Appropriations from general revenues of the state and, upon request by the university and with an annual review and approval by the Secretary of the Office of Policy and Management, the amount of the appropriations for fringe benefits and workers compensation applicable to the university pursuant to subsection (a) of section 4-73, shall be transferred from the Comptroller, and all tuition revenue received by the university in accordance with the provisions of subsection (a) of this section, income from student fees or related charges, the proceeds of auxiliary activities and business enterprises, gifts and donations, federal funds and grants for purposes other than research and all receipts derived from the conduct by The University of Connecticut of its education extension program and its summer school session, except funds received by The University of Connecticut Health Center, shall be deposited in said operating fund. If the Secretary of the Office of Policy and Management disapproves such transfer, he may require the amount of the appropriation for operating expenses to be used for personal services and fringe benefits to be excluded from said fund. The State Treasurer shall review and approve the transfer prior to such request by the university. All costs of waiving or remitting tuition pursuant to subsection (e) of this section, except the cost of waiving or remitting tuition for students enrolled in the schools of medicine or dental medicine, shall be charged to said fund. Repairs, alterations or additions to facilities supported by said fund costing one million dollars or more shall require the approval of the General Assembly, or when the General Assembly is not in session, of the Finance Advisory Committee. Any balance of receipts above expenditures shall remain in said fund, except such sums as may be required for deposit into a debt service fund or the General Fund for further payment by the Treasurer of debt service on general obligation bonds of the state issued for purposes of The University of Connecticut.

(c) The Board of Trustees of The University of Connecticut shall establish and administer a fund to be known as The University of Connecticut Health Center Operating Fund. Appropriations from general revenues of the state except the amount of the appropriation for operating expenses to be used for personal services and the appropriations for fringe benefits pursuant to subsection (a) of section 4-73, all tuition revenue received by the health center in accordance with the provisions of subsection (a) of this section, income from student fees or related charges, proceeds from auxiliary and business enterprises, gifts and donations, federal funds and grants for purposes other than research and other income relative to these activities shall be deposited in said fund. All costs of waiving or remitting tuition pursuant to subsection (f) of this section for students enrolled in the schools of medicine or dental medicine shall be charged to said fund. Repairs, alterations or additions to facilities supported by said fund costing one million dollars or more shall require the approval of the General Assembly, or when the General Assembly is not in session, of the Finance Advisory Committee. Any balance of receipts above expenditures shall remain in said fund, except such sums as may be required for deposit into a debt service fund or the General Fund for further payment by the Treasurer of debt service on general obligation bonds of the state issued for purposes of The University of Connecticut Health Center.

(d) Commencing December 1, 1981, and thereafter within sixty days of the close of each quarter, the board of trustees shall submit to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and the Office of Policy and Management, through the Board of Governors of Higher Education, a report on the actual expenditures of The University of Connecticut Operating Fund and The University of Connecticut Health Center Operating Fund containing such relevant information as the Board of Governors of Higher Education may require.

(e) Said board of trustees shall waive the payment of tuition fees at The University of Connecticut (1) for any dependent child of a person whom the armed forces of the United States has declared to be missing in action or to have been a prisoner of war while serving in such armed forces after January 1, 1960, which child has been accepted for admission to The University of Connecticut and is a resident of Connecticut at the time such child is accepted for admission to said institution, (2) for any veteran having served in time of war, as defined in subsection (a) of section 27-103, or who served in either a combat or combat support role in the invasion of Grenada, October 25, 1983, to December 15, 1983, the invasion of Panama, December 20, 1989, to January 31, 1990, or the peace-keeping mission in Lebanon, September 29, 1982, to March 30, 1984, who has been accepted for admission to said institution and is a resident of Connecticut at the time such veteran is accepted for admission to said institution, (3) for any resident of Connecticut sixty-two years of age or older who has been accepted for admission to said institution, provided (A) such person is enrolled in a degree-granting program, or (B) at the end of the regular registration period, there are enrolled in the course a sufficient number of students other than those persons eligible for waivers pursuant to this subdivision to offer the course in which such person intends to enroll and there is space available in such course after accommodating all such students, (4) for any active member of the Connecticut Army or Air National Guard who (A) is a resident of Connecticut, (B) has been certified by the Adjutant General or such Adjutant General's designee as a member in good standing of the guard, and (C) is enrolled or accepted for admission to said institution on a full-time or part-time basis in an undergraduate degree-granting program, (5) for any dependent child of a (A) police officer, as defined in section 7-294a, or supernumerary or auxiliary police officer, (B) firefighter, as defined in section 7-323j, or member of a volunteer fire company, (C) municipal employee, or (D) state employee, as defined in section 5-154, killed in the line of duty, and (6) for any resident of the state who is the dependent child or surviving spouse of a specified terrorist victim who was a resident of the state. If any person who receives a tuition waiver in accordance with the provisions of this subsection also receives educational reimbursement from an employer, such waiver shall be reduced by the amount of such educational reimbursement. Veterans described in subdivision (2) of this subsection and members of the National Guard described in subdivision (4) of this subsection shall be given the same status as students not receiving tuition waivers in registering for courses at The University of Connecticut.

(f) Said board shall set aside from its anticipated tuition revenue, an amount not less than that required by the board of governors' tuition policy established under subdivision (3) of subsection (a) of section 10a-6. Such funds shall be used to provide tuition waivers, tuition remissions, grants for educational expenses and student employment for any undergraduate, graduate or professional student who is enrolled as a full or part-time matriculated student in a degree-granting program, or enrolled in a precollege remedial program, and who demonstrates substantial financial need. Said board may also set aside from its anticipated tuition revenue an additional amount equal to one per cent of said tuition revenue for financial assistance for students who would not otherwise be eligible for financial assistance but who do have a financial need as determined by the university in accordance with this subsection. In determining such financial need, the university shall exclude the value of equity in the principal residence of the student's parents or legal guardians, or in the student's principal residence if the student is not considered to be a dependent of his parents or legal guardians and shall assess the earnings of a dependent student at the rate of thirty per cent.

(g) The University of Connecticut Operating Fund shall be reimbursed for the amount by which tuition waivers granted under subsection (e) of this section exceed two and one-half per cent of tuition revenue through an annual state appropriation. The board of trustees shall request such an appropriation and said appropriation shall be based upon an estimate of tuition revenue loss using tuition rates in effect for the fiscal year in which such appropriation will apply.

(h) Said board shall grant remission or waiver of tuition for graduate assistants at the university. [Notwithstanding the provisions of section 5-259, or any other provision of the general statutes limiting eligibility of state employees for coverage under a plan identified in section 5-259, graduate assistants at the university shall be eligible to receive such coverage provided they are employed for a sufficient number of hours to equal at least fifty per cent of full-time as defined by said board. ] Assistantship payments to graduate assistants shall not be considered salaries and wages under the provisions of section 3-119, and shall be paid according to a schedule prescribed by the university and approved by the State Comptroller.

Sec. 202. (Effective from passage) Notwithstanding the provisions of subsection (c) of section 5-156a of the general statutes, the contributions to the retirement fund for the biennium ending June 30, 2005, shall reflect the revised amounts certified by the Retirement Commission that takes into account the Early Retirement Incentive Program established by section 6 of public act 03-2.

Sec. 203. Section 10-281 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Any municipality or school district shall provide, for its children enrolled in any grade, from kindergarten to twelve, inclusive, attending nonpublic nonprofit schools therein, the same kind of transportation services provided for its children in such grades attending public schools when a majority of the children attending such a nonpublic school are residents of the state of Connecticut. Such determination shall be based on the ratio of pupils who are residents to all pupils enrolled in each such school on October first or the full school day immediately preceding such date, during the school year next preceding that in which the transportation services are to be provided. For purposes of this section, residency means continuous and permanent physical presence within the state, except that temporary absences for short periods of time shall not affect the establishment of residency. In no case shall a municipality or school district be required to expend for transportation to any nonpublic school, in any one school year, a per pupil transportation expenditure greater than an amount double the local per pupil expenditure for public school transportation during the last completed school year. In the event that such per pupil expenditure for transportation to a nonprofit nonpublic school may exceed double the local per pupil expenditure, the municipality or school district may allocate its share of said transportation on a per pupil, per school basis and may pay, at its option, its share of said transportation directly to the provider of the transportation services on a monthly basis over the period such service is provided or provide such service for a period of time which constitutes less than the entire school year. Any such municipality or school district providing transportation services under this section may suspend such services in accordance with the provisions of section 10-233c. Any such municipality or school district providing transportation under this section shall be reimbursed only for the cost of such transportation as is required by this section upon the same basis and in the same manner as such municipality or school district is reimbursed for transporting children attending its public schools. The parent or guardian of any student who is denied the kind of transportation services required to be provided by this section may seek a remedy in the same manner as is provided for parents of public school children in section 10-186 and section 10-187.

(b) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2004 and June 30, 2005, the amount of the grants payable to local or regional boards of education in accordance with this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for purposes of this section.

Sec. 204. Section 19a-122b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Notwithstanding the provisions of chapters 368v and 368z, an organization licensed as a hospice pursuant to the Public Health Code or certified as a hospice pursuant to 42 USC Section 1395x, shall be authorized [, until October 1, 2006,] to operate [on a pilot basis] a residence for terminally ill persons, for the purpose of providing hospice home care arrangements including, but not limited to, hospice home care services and supplemental services. Such arrangements shall be provided to those patients who would otherwise receive such care from family members. The residence shall provide a homelike atmosphere for such patients for a time period deemed appropriate for home health care services under like circumstances. Any hospice which operates a residence pursuant to the provisions of this section shall cooperate with the Commissioner of Public Health to develop standards for the licensure and operation of such homes.

Sec. 205. Subsection (d) of section 1 of special act 99-8, as amended by section 89 of public act 01-9 of the June special session, is amended to read as follows:

(d) The pilot program established under this section shall terminate September 30, [2003] 2005.

Sec. 206. Subparagraph 3 of subdivision F of subsection (b) of section 6 of public act 03-2 is amended to read as follows (Effective from passage):

3. For the fiscal years ending June 30, 2004, and June 30, 2005, up to 80% of positions vacated in any employer unit as a result of ERIP may be refilled. [, provided, of the positions refilled, at least 70% must be positions classified as essential positions and not more than 30% may be positions classified as non-essential positions. ]

Sec. 207. (Effective from passage) (a) The Secretary of the Office of Policy and Management, in cooperation with the Department of Transportation and such other state agencies as may own the rights to outdoor advertising locations, shall develop a plan to increase revenues by licensing existing state-owned outdoor advertising locations, and shall submit such plan to the General Assembly, in accordance with the provisions of section 11-4a of the general statutes, on or before January 1, 2004. Such plan shall provide that not less than seventy-five per cent of such increased revenues shall be dedicated to project expenditures of the Transportation Strategy Board.

(b) The sum of $ 40,000 carried forward pursuant to subsection (a) of section 42 of public act 03-1 of the June 30 special session shall be transferred to the Office of Policy and Management for the purposes of subsection (a) of this section.

Sec. 208. (Effective from passage) (a) The sum of $ 7,100,000 is appropriated to the Department of Public Health, from the General Fund, for the fiscal year ending June 30, 2004, for Immunization Services.

(b) The sum of $ 7,100,000 is appropriated to the Department of Public Health, from the General Fund, for the fiscal year ending June 30, 2005, for Immunization Services.

Sec. 209. (Effective from passage) (a) The amount appropriated to the Department of Social Services, in sections 1 and 11 of public act 03-1 of the June 30 special session, for Payments to Other Than Local Governments, for Human Resource Development, is reduced by $ 2,641,956 for the fiscal years ending June 30, 2004, and June 30, 2005. For the fiscal years ending June 30, 2004, and June 30, 2005, $ 2,641,956 is appropriated to the Department of Social Services, for a new Human Service Infrastructure Community Action Program account.

(b) The sum of $ 200,000,000 appropriated to the Department of Social Services, for the fiscal year ending June 30, 2005, for Behavioral Health Partnership, shall be transferred to the appropriation to the department, for Medicaid, for said fiscal year.

(c) The sum of $ 92,100,551 appropriated to the Department of Children and Families, for the fiscal year ending June 30, 2005, for Behavioral Health Partnership, shall be transferred to other appropriations to the Department of Children and Families, for said fiscal year, as follows: Short Term Residential Treatment, $ 457,462; Day Treatment Centers for Children, $ 3,719,099; Substance Abuse Treatment, $ 1,128,786; Child Welfare Support Services, $ 68,020; Board and Care for Children - Residential, $ 82,534,026; Individualized Family Supports, $ 337,041; Community KidCare, $ 3,856,117.

Sec. 210. (NEW) (Effective from passage) (a) The General Assembly finds and declares that culture, history, the arts and the film and tourism industries contribute significant value to the vitality, quality of life and economic health of Connecticut and therefore there is established the Connecticut Commission on Arts, Tourism, Culture, History and Film. The Connecticut Humanities Council and the Connecticut Trust for Historic Preservation shall operate in conjunction with the commission for purposes of joint strategic planning, annual reporting on appropriations and fiscal reporting. The purpose of the commission shall be to enhance and promote culture, history, the arts and the tourism and film industries in Connecticut.

(b) The commission shall:

(1) Market and promote Connecticut as a destination for leisure and business travelers through the development and implementation of a strategic state-wide marketing plan and provision of visitor services to enhance the economic impact of the tourism industry;

(2) Promote the arts;

(3) Recognize, protect, preserve and promote historic resources;

(4) Interpret and present Connecticut's history and culture;

(5) Promote Connecticut as a location in which to conduct filming and to establish and conduct business related to the film and video industries to enhance these industries' economic impact in the state;

(6) Beginning with the fiscal year ending June 30, 2006, and each fiscal year thereafter, prepare and submit to the General Assembly, in accordance with section 11-4a of the general statutes, and to the Office of Policy and Management, in accordance with sections 4-77 and 4-77a of the general statutes, a biennial budget for the next succeeding fiscal years and a detailed accounting of expenditures for the prior fiscal year;

(7) Establish a uniform financial reporting system and forms to be used by each regional tourism district, established under section 215 of this act, in the preparation of the annual budget submitted to the General Assembly;

(8) Integrate funding and programs whenever possible; and

(9) On or before January 1, 2005, and biennially thereafter, develop and submit to the Governor and the General Assembly, in accordance with section 11-4a of the general statutes, a strategic plan to implement subdivisions (1) to (5), inclusive, of this subsection.

(c) Any proposals for projects under the jurisdiction of the commission and projects proposed by the Connecticut Humanities Council that require funding through the issuance of bonds by the State Bond Commission, in accordance with sections 13b-74 to 13b-77, inclusive, of the general statutes shall be submitted to the Connecticut Commission on Arts, Tourism, Culture, History and Film. The commission shall review such proposals and submit any project that it believes has merit to the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding with the commission's recommendation for funding.

(d) The Connecticut Commission on Arts, Tourism, Culture, History and Film shall be a successor department to the State Commission on the Arts, the Connecticut Historical Commission, the Office of Tourism, the Connecticut Tourism Council, the Connecticut Film, Video and Media Commission and the Connecticut Film, Video and Media Office in accordance with the provisions of sections 4-38d and 4-39 of the general statutes.

(e) Wherever the words "State Commission on the Arts", "Connecticut Historical Commission", "Office of Tourism" and "Connecticut Film, Video and Media Office" are used in the following sections of the general statutes, or in any public or special act of the 2003 or 2004 session the words "Connecticut Commission on Arts, Tourism, Culture, History and Film" shall be substituted in lieu thereof: 3-110f, 3-110h, 3-110i, 4-9a, 4b-53, 4b-60, 4b-64, 4b-66a, 7-147a, 7-147b, 7-147c, 7-147j, 7-147p, 7-147q, 7-147y, 8-2j, 10-382, 10-384, 10-385, 10-386, 10-387, 10-388, 10-389, 10-391, 10a-111a, 10a-112, 10a-112b, 10a-112g, 10-384, 11-6a, 12-376d, 13a-252, 19a-315b, 19a-315c, 22a-1d, 22a-19b, 25-102qq, 25-109q, 29-259 and 32-6a.

(f) The Legislative Commissioners' Office shall, in codifying the provisions of this section, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this section.

Sec. 211. (NEW) (Effective from passage) (a) The Connecticut Commission on Arts, Tourism, Culture, History and Film shall consist of twenty-nine voting commissioners and nonvoting ex-officio members. Such ex-officio members shall be the executive directors of the Connecticut Trust for Historic Preservation and the Connecticut Humanities Council, the State Poet Laureate, the State Historian and the State Archaeologist. The State Poet Laureate, the State Historian and the State Archaeologist shall serve as commissioners without being appointed and without receiving compensation for such service. The remaining twenty-four commissioners shall be appointed as follows:

(1) The Governor shall appoint eight commissioners: (A) One commissioner shall be an individual with knowledge of or experience or interest in tourism from within the state; (B) three commissioners shall be individuals with knowledge of or experience or interest in history or humanities; (C) one commissioner shall be an individual with knowledge of or experience or interest in the arts; (D) one commissioner shall be an individual with knowledge of or experience or interest in film; and (E) two commissioners shall be selected at large.

(2) The speaker of the House of Representatives shall appoint three commissioners: (A) One commissioner shall be an individual with knowledge of or experience or interest in tourism from the southwestern tourism district, established under section 215 of this act; (B) one commissioner shall be an individual with knowledge of or experience or interest in history or humanities; and (C) one commissioner shall be an individual with knowledge of or experience or interest in the arts.

(3) The president pro tempore of the Senate shall appoint three commissioners: (A) One commissioner shall be an individual with knowledge of or experience or interest in tourism from the central tourism district, established under section 215 of this act; (B) one commissioner shall be an individual with knowledge of or experience or interest in history or humanities; and (C) one commissioner shall be an individual with knowledge of or experience or interest in the arts.

(4) The majority leader of the House of Representatives shall appoint two commissioners: (A) One commissioner shall be an individual with knowledge of or experience or interest in tourism from the south central tourism district, established under section 215 of this act; and (B) one commissioner shall be an individual with knowledge of or experience or interest in the arts.

(5) The majority leader of the Senate shall appoint two commissioners: (A) One commissioner shall be an individual with knowledge of or experience or interest in tourism from the eastern tourism district; and (B) one commissioner shall be an individual with knowledge of or experience or interest in the arts.

(6) The minority leader of the House of Representatives shall appoint three commissioners: (A) One commissioner shall be an individual with knowledge of or experience or interest in tourism from within the state; (B) one commissioner shall be an individual with knowledge of or experience or interest in history or humanities; and (C) one commissioner shall be an individual with knowledge of or experience or interest in the arts.

(7) The minority leader of the Senate shall appoint three commissioners: (A) One commissioner shall be an individual with knowledge of or experience or interest in tourism from the northwest tourism district, established under section 215 of this act; (B) one commissioner shall be an individual with knowledge of or experience or interest in history or humanities; and (C) one commissioner shall be an individual with knowledge of or experience or interest in the arts.

(b) Each commissioner shall serve a term that is coterminus with such commissioner's appointing authority. No member of a board of directors of a regional tourism district may serve as a commissioner of the Connecticut Commission on Arts, Tourism, Culture, History and Film.

(c) The commission shall have an executive director, appointed by the Governor in accordance with the provisions of chapter 46 of the general statutes, who shall administer the commission in accordance with subsection (e) of this section. The voting commissioners shall elect annually: A commissioner from among the voting commissioners to serve as chairperson of the commission, one commissioner as vice-chairperson, and other commissioners as officers. Such commissioners shall establish bylaws as necessary for the operation of the commission. Commissioners shall receive no compensation for the performance of their duties, but may be reimbursed for their necessary expenses incurred in the performance of their duties. The commission shall meet at least once during each calendar quarter and at such other times as the chairperson deems necessary or upon the request of a majority of commissioners in office.

(d) Thirteen voting commissioners of the board shall constitute a quorum and the affirmative vote of a majority of the voting commissioners present at a meeting of the commission shall be sufficient for any action taken by the commission. No vacancy of a commissioner shall impair the right of a quorum to exercise all the rights and perform all the duties of the commission. Any action taken by the commission may be authorized by resolution at any regular or special meeting and shall take effect immediately unless otherwise provided in the resolution.

(e) The executive director of the commission shall administer the commission, subject to the supervision of the commissioners. The executive director shall have the authority to administer all laws under the jurisdiction of the commission and the power and authority to: Coordinate, and direct the operation of the commission; establish rules for the internal operation of the commission; contract for facilities, services and programs to implement the purposes of the commission established by law, and enter into agreements for funding from private sources, including corporate donations and other commercial sponsorships. The executive director is authorized to do all things necessary to apply for, qualify for and accept any funds made available under any federal act for the purposes established under section 210 of this act. All funds received under this subsection shall be deposited into the Connecticut Commission on Arts, Tourism, Culture, History and Film account, established under section 213 of this act. The executive director may enter into contracts with the federal government concerning the use of such funds.

Sec. 212. (NEW) (Effective from passage) (a) On or before June first of each year, each regional tourism district established under section 215 of this act shall prepare a proposed budget for the next succeeding fiscal year beginning July first to carry out its statutory duties. After approval by said tourism district's board of directors, and no later than June first of each year, the tourism district shall submit the proposed budget to the executive director of the Commission on Arts, Tourism, Culture, History and Film for review, comments and recommendations by the commission concerning the proposed expenditures. The commission shall review, in consultation with the tourism district, the proposed budget no later than June thirtieth, and approve or disapprove the budget. If the commission disapproves any annual budget, the commission shall adopt an interim budget and such interim budget shall take effect at the commencement of the fiscal year and shall remain in effect until the tourism district submits and the commission approves a modified budget. The tourism district shall, on or before September fifteenth, submit a copy of the budget to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, finance, revenue and bonding and commerce and the Office of Policy and Management, including an explanation detailing the proposed expenditures for the tourism district for the succeeding fiscal year. No funds shall be expended by the tourism district without prior approval of the budget or adoption of an interim budget by the Commission on Arts, Tourism, Culture, History and Film.

(b) Each regional tourism district shall ensure that no more than twenty per cent of the total annual grant amount received by it pursuant to section 216 of this act is used for administrative costs. The executive director, with the approval of the commissioners, shall develop guidelines concerning administrative costs for tourism districts.

Sec. 213. (NEW) (Effective from passage) There is established an account within the General Fund to be known as the "Connecticut Commission on Arts, Tourism, Culture, History and Film account". The account shall contain all moneys required by law to be deposited in the account, including moneys received pursuant to section 216 of this act.

Sec. 214. (NEW) (Effective from passage) With respect to tourism activities, the Connecticut Commission on Arts, Tourism, Culture, History and Film shall:

(1) Develop, annually update and implement a strategic marketing plan for the national and international promotion of Connecticut as a tourism destination;

(2) Develop a Connecticut strategic plan for new tourism products and attractions;

(3) Provide marketing and other assistance to the tourism industry;

(4) Ensure cooperation among the regional tourism districts;

(5) Maintain, operate and manage the visitor welcome centers in the state;

(6) Develop and administer a program of challenge grants to encourage innovation and job development, provide incentives for coordinated activity consistent with the strategic marketing plan and stimulate the development of private funds for tourism promotion; and

(7) Subject to available funds, assist municipalities to accommodate tourist attractions within such municipalities or within neighboring or adjoining municipalities.

Sec. 215. (NEW) (Effective from passage) (a) There is established five regional tourism districts, each of which shall promote and market districts as regional leisure and business traveler destinations to stimulate economic growth. The districts shall be as follows:

(1) The eastern regional district, which shall consist of Ashford, Bozrah, Brooklyn, Canterbury, Chaplin, Colchester, Columbia, Coventry, East Lyme, Eastford, Franklin, Griswold, Groton, Hampton, Killingly, Lebanon, Ledyard, Lisbon, Lyme, Mansfield, Montville, New London, North Stonington, Norwich, Old Lyme, Plainfield, Pomfret, Preston, Putnam, Salem, Scotland, Sprague, Sterling, Stonington, Thompson, Union, Voluntown, Waterford, Willington, Windham and Woodstock;

(2) The central regional district, which shall consist of Andover, Avon, Berlin, Bloomfield, Bolton, Canton, Chester, Cromwell, Deep River, East Granby, East Haddam, East Hampton, East Hartford, East Windsor, Ellington, Enfield, Essex, Farmington, Glastonbury, Granby, Haddam, Hartford, Hebron, Manchester, Marlborough, Meriden, Middletown, New Britain, Newington, Old Saybrook, Plainville, Portland, Rocky Hill, Somers, South Windsor, Southington, Simsbury, Stafford, Suffield, Tolland, Vernon, Windsor Locks, West Hartford, Westbrook, Wethersfield and Windsor;

(3) The northwestern regional district, which shall consist of Ansonia, Barkhamsted, Beacon Falls, Bethel, Bethlehem, Bridgewater, Bristol, Brookfield, Burlington, Canaan, Colebrook, Cornwall, Danbury, Derby, Goshen, Hartland, Harwinton, Kent, Litchfield, Middlebury, Morris, Naugatuck, New Fairfield, New Hartford, New Milford, Newtown, Norfolk, North Canaan, Oxford, Plymouth, Prospect, Redding, Ridgefield, Roxbury, Salisbury, Seymour, Sharon, Sherman, Southbury, Thomaston, Torrington, Warren, Washington, Waterbury, Watertown, Winchester, Wolcott and Woodbury;

(4) The south central regional district, which shall consist of Bethany, Branford, Cheshire, Clinton, Durham, East Haven, Guilford, Hamden, Killingworth, Madison, Middlefield, Milford, Orange, New Haven, North Branford, North Haven, Wallingford, West Haven and Woodbridge;

(5) The southwestern regional district, which shall consist of Bridgeport, Darien, Easton, Fairfield, Greenwich, New Canaan, Monroe, Norwalk, Shelton, Stamford, Stratford, Trumbull, Weston, Westport and Wilton.

(b) Each regional tourism district shall be overseen by a board of directors consisting of one representative from each municipality within the district, appointed by the legislative body of the municipality and, where the legislative body is a town meeting, by the board of selectmen. Any such member of a board of directors shall serve for a term of three years. In addition, the board of directors may appoint up to twenty-one persons representing tourism interests within the district to serve on the board. No board member shall be deemed a state employee for serving on said board. All appointments to the board of directors shall be reported to the executive director of the Connecticut Commission on Arts, Tourism, Culture, History and Film.

(c) The provisions of the Freedom of Information Act, as defined in section 1-200 of the general statutes, shall apply to each regional tourism district.

(d) Not later than October 1, 2003, the commission shall assist each regional tourism district in establishing a committee, composed of members selected from among subdivisions (1), (2) and (3) of subsection (b) of this section, to draft a charter and bylaws for the regional tourism district and to organize the initial meeting of the board of directors of the district, to be held no later than October 15, 2003.

(e) Each regional tourism district shall (1) comply with uniform standards for accounting and reporting expenditures that are established by the commission in accordance with section 210 of this act and are based on industry accounting standards developed by the International Association of Convention and Visitor Bureaus or other national organizations related to tourism, and (2) on or before January first of each year, submit to the commission, the Office of Policy and Management and the Office of Fiscal Analysis an independent audit in accordance with the provisions of sections 4-230 to 4-236, inclusive, of the general statutes.

(f) Each regional tourism district shall solicit and may accept private funds for the promotion of tourism within its district and shall coordinate its activities with any private nonprofit tourist association within the district and within this state, that promotes tourism industry businesses in this state, in order to foster cooperation in the promotion of such businesses. Any funds received by a regional tourism district may be deposited in the fund established in section 213 of this act or in an account established by such tourism district to receive such funds.

Sec. 216. (NEW) (Effective from passage) (a) For the fiscal years ending June 30, 2004, and June 30, 2005, the Commissioner of Revenue Services shall segregate twenty million dollars from the revenue attributable to the sales tax imposed under subparagraph (H) of subdivision (2) of subsection (a) of section 12-407 of the general statutes on any hotel or lodging house. Said funds shall be deposited in the Connecticut Commission on Arts, Tourism, Culture, History and Film account, established under section 213 of this act for the administration and operation of the Connecticut Commission on Arts, Tourism, Culture, History and Film. Such funds are in addition to funds made available to the commission in subsection (b) of this section. The commission shall allocate funds for the fiscal year ending June 30, 2004, from said account as follows for, but not limited to, the purposes so specified:

(1) One hundred fifty thousand dollars to the Greater Hartford Arts Council;

(2) Six hundred thirty thousand dollars to the New Haven Coliseum Authority;

(3) One million seven hundred ten thousand dollars to the Stamford Center for the Arts;

(4) Fifty thousand dollars to the Stepping Stone Child Museum in Norwalk;

(5) Six hundred seventy-five thousand dollars to the Maritime Center Authority in Norwalk;

(6) Two million two hundred fifty thousand dollars for basic cultural resources grants;

(7) One million one hundred thousand dollars for the operation and administration of state historic preservation programs and the operation and administration of the four state museums;

(8) Four million seven hundred fifty thousand dollars to the regional tourism districts established under section 215 of this act, provided each district shall be allocated nine hundred fifty thousand dollars;

(9) One hundred twenty thousand dollars to the eastern regional tourism district, established under section 215 of this act, for promotion of tourism in the Quinebaug-Schetucket Heritage area in Connecticut;

(10) One hundred twenty thousand dollars to the northwestern regional tourism district, established under section 215 of this act, for promotion of tourism in the Litchfield Hills area;

(11) One million dollars to the Connecticut Humanities Council;

(12) Thirty thousand dollars for the Historical Resources Inventory;

(13) Fifty thousand dollars to the Amistad Committee for the Freedom Trail;

(14) One hundred thousand dollars for Amistad vessel;

(15) One million two hundred sixty thousand dollars to the New Haven Festival of Arts and Ideas;

(16) One hundred fifty thousand dollars for the New Haven Arts Council;

(17) One hundred twenty thousand dollars for the eastern regional tourism district, established under section 215 of this act;

(18) One hundred twenty thousand dollars for the central regional tourism district, established under section 215 of this act;

(19) Nine hundred thousand dollars for the Palace Theater in Waterbury, provided the entity designated to operate the theater is the Palace Theater Group, Incorporated;

(20) Four hundred ten thousand dollars to the Beardsley Zoo;

(21) Sixty-two thousand five hundred dollars to the Mark Twain House and sixty-two thousand five hundred dollars to the Harriet Beecher Stowe House;

(22) Three hundred sixty thousand dollars for film projects and film-related activities; and

(23) All other administrative, operating and personnel costs of the commission, including, but not limited to, those related to the promotion of culture, history, arts, tourism and film in the state.

(b) Notwithstanding sections 210 to 242, inclusive, of this act, the Secretary of the Office of Policy and Management is authorized to make adjustments to the allocations for the Connecticut Commission on Arts, Tourism, Culture, History and Film based on expenditures already made in the General Fund or other funds to support the predecessor agencies during the fiscal year ending June 30, 2004, and any allocations of funding made through any intercept for the fiscal year ending June 30, 2004. Any withholding of funds shall not be greater than the amount expended for such purposes and in no event shall the overall funding for the Connecticut Commission on Arts, Tourism, Culture, History and Film diminish from the aggregate allocated.

Sec. 217. (NEW) (Effective from passage) Notwithstanding subsection (a) of section 212 of this act, for the fiscal year ending June 30, 2004, no later than October 1, 2003, each regional tourism district established under section 215 of this act shall prepare a proposed budget for the fiscal year ending June 30, 2004, to carry out its statutory duties. After approval by said tourism district's board of directors, and no later than October 1, 2003, the tourism district shall submit the proposed budget to the executive director of the Commission on Arts, Tourism, Culture, History and Film for review, comments and recommendations by the commission concerning the proposed expenditures. The commission shall review, in consultation with the tourism district, the proposed budget no later than October 10, 2003, and approve or disapprove the budget. If the commission disapproves any annual budget, it shall adopt an interim budget and such interim budget shall take effect immediately and shall remain in effect until the tourism district submits and the commission approves a modified budget. The tourism district shall, on or before November 1, 2003, submit a copy of the budget to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, finance, revenue and bonding and commerce and the Office of Policy and Management, including an explanation detailing the proposed expenditures for the tourism district for the succeeding fiscal year. No funds shall be expended by the tourism district without prior approval of the budget by the Commission on Arts, Tourism, Culture, History and Film.

Sec. 218. Section 32-306 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

As used in [sections 32-306] this section and section 32-307, as amended by this act:

[(1)] "Visitor welcome center" means the welcome centers, visitor centers and tourist information centers located in Middletown, Southington, Wallingford, West Willington, Greenwich, Windsor Locks, Danbury, Darien, North Stonington, Plainfield, Westbrook and at Bradley International Airport, which have been established to distribute information to persons traveling in the state for the purpose of influencing such persons' level of satisfaction with the state and expenditures in the state and their planning for present and future trips to the state.

[(2) "Office of Tourism" means the Department of Economic and Community Development Office of Tourism established pursuant to section 32-300. ]

Sec. 219. Section 32-307 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The following measures shall be implemented to enhance the operation of visitor welcome centers:

[(1) The Department of Transportation shall reconfigure the interior designs of the Middletown, Southington, Wallingford and West Willington visitor welcome centers and shall review the feasibility of winterizing the Greenwich and Windsor Locks centers for year-round operation. The Department of Transportation, the Office of Tourism and the licensed vendor at the Darien center shall redesign said center to incorporate tourism services;

(2) The Department of Transportation shall study the feasibility of installing under-the-counter security systems at the Greenwich, Westbrook and Windsor Locks visitor welcome centers; ]

[(3)] (1) Each center shall make available space for listing events and promoting attractions, by invitation to the Connecticut tourism industry, including tourism districts, chambers of commerce and any other tourism entities involved in Connecticut tourism promotion;

[(4) The Department of Transportation shall continue to bring public restrooms at all the centers into compliance with the federal Americans with Disabilities Act; ]

[(5) The Office of Tourism,] (2) The Commission on Arts, Tourism, Culture, History and Film, established under section 1 of this act, in consultation with the Department of Transportation, shall develop plans for (A) consistent signage for the visitor welcome centers, and (B) highway signage regulations for privately operated centers;

[(6) The Department of Transportation shall (A) maintain the visitor welcome centers owned by the Department of Transportation and (B) provide housekeeping services at the Middletown, Southington, Wallingford, West Willington, Danbury, North Stonington and Westbrook visitor welcome centers; ]

[(7)] (3) The Department of Transportation and [the Office of Tourism] the commission shall establish an "Adopt A Visitor Welcome Center" program, under which local civic organizations may provide maintenance, gardening, including wildflowers, and complimentary refreshments or any other type of service at a visitor welcome center to enhance the operation of the center;

[(8) Subject to available funds, the Office of Tourism] (4) The commission shall place a full-time year-round supervisor and a part-time assistant supervisor at the [Windsor Locks,] Danbury, Darien, North Stonington and West Willington centers. [and the two centers at Bradley International Airport. ] The responsibilities of each supervisor shall include, but not be limited to: (A) Maintaining a sufficient inventory of up-to-date brochures for dissemination to visitors, (B) scheduling staff so as to assure coverage at all times, (C) training staff, (D) compiling and maintaining statistics on center usage, (E) serving as liaison between the [Office of Tourism] commission, the Department of Transportation, the tourism district in which the center is located and businesses in such district, (F) maintaining quality tourism services, (G) rotating displays, (H) evaluating staff, (I) problem-solving, and (J) computing travel reimbursements for volunteer staff;

[(9)] (5) Subject to available funds, the [Office of Tourism] commission shall place a seasonal full-time supervisor and a seasonal part-time assistant supervisor at the Greenwich, Southington, Westbrook and Windsor Locks centers. The [office] commission shall discontinue staffing at the Middletown, Plainfield and Wallingford centers, and shall, in conjunction with the tourism industry, seek contract workers to provide tourism services at the Middletown and Wallingford centers and at the Southington and Westbrook centers when not staffed by the state;

[(10)] (6) Subject to available funds, the [Office of Tourism] commission, in conjunction with the tourism industry, shall develop and implement initial staff training and conduct periodic training of full-time and part-time supervisors;

[(11) In addition to the staffing required by this section, each] (7) Each center shall have an electronic information system to highlight attractions and provide event, restaurant, museum and other information to visitors. Such systems shall be provided at no cost to the state and any revenue generated through the request for proposal process shall be deposited in the [tourism account established under section 32-303] General Fund;

[(12) The centers for which the state does not provide staff shall use electronic information systems for highlighting attractions and event, restaurant, museum and other information; ]

[(13)] (8) Each center shall provide no-cost lodging reservation services; and

[(14) The Office of Tourism] (9) The commission, in conjunction with the regional tourism districts and the private sector, shall establish a dedicated highway radio station which shall highlight ongoing tourism activities and encourage travelers to stop at visitor welcome centers.

Sec. 220. Section 10-370 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

[The commission] With respect to arts activities, the Connecticut Commission on Culture, Arts, Film and Tourism, established under section 210 of this act, shall encourage, within the state or in association with other states, or both, participation in, and promotion, development, acceptance and appreciation of, artistic and cultural activities that shall include, but are not limited to, music, theater, dance, painting, sculpture, architecture, literature, films and allied arts and crafts and to this end shall have the following powers: (1) To join or contract with consultants, private patrons, individual artists and ensembles and with institutions, local sponsoring organizations and professional organizations; (2) to enter into contracts to provide grants, loans or advances to individuals, organizations, or institutions, public or private, that are engaged in or plan to engage in artistic and cultural programs or activities within the state, or that are engaged in or plan to engage in the promotion, development, or encouragement of artistic and cultural programs or activities within the state; (3) to accept, hold and administer, on behalf of the commission, in accordance with the provisions of sections 4-28, 4-31, 4-31a and 4b-22, real property, personal property, securities, other choses in action and moneys, or any interest therein, and income therefrom, either absolutely or in trust, for any purpose of the commission. The commission may acquire or receive such property or money for its purposes by the acceptance of state or federal or public or private loans, contributions, gifts, grants, donations, bequests or devises, and the commission shall deposit or credit the same in the [General Fund] Connecticut Commission on Arts, Tourism, Culture, History and Film Fund established under section 214 of this act; (4) to establish a nonprofit foundation for the purpose of raising funds from private sources to encourage, within the state or in association with other states, or both, participation in, and promotion, development, acceptance and appreciation of, artistic and cultural activities that shall include, but are not limited to, music, theater, dance, painting, sculpture, architecture, literature, films and allied arts and crafts. All funds received by the foundation shall be held in the manner prescribed by sections 4-37e to 4-37j, inclusive; and (5) to perform such other acts as may be necessary or appropriate to carry out the objectives and purposes of the commission. The General Assembly declares that all activities undertaken in carrying out the policies set forth in this chapter shall be directed toward encouraging and assisting, rather than in any way limiting, the freedom of artistic expression that is essential for the well-being of the arts. Said commission shall maintain a survey of public and private facilities engaged within the state in artistic and cultural activities and determine the needs of the citizens of this state and the methods by which existing resources may be utilized, or new resources developed, to fulfill these needs. The commission shall maintain a register of Connecticut artists. The name, town of residence and artistic medium of any such artist residing in Connecticut shall be entered in the register by the commission upon the artist's request.

Sec. 221. Section 10-370a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The [State Commission on the Arts] Connecticut Commission on Arts, Tourism, Culture, History and Film, established under section 1 of this act, shall establish and administer a "special incentive grant program" to provide financial assistance for artistic and cultural programs and activities pursuant to subdivision (2) of section 10-370, as amended by this act. No state funds appropriated to the commission for the purposes of said program shall be disbursed unless one-third of the amount of such financial assistance consists of nonfederal funds raised and received by said commission.

Sec. 222. Section 10-370b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) For purposes of this section the following terms have the following meanings:

(1) "Work of art" means any work of visual art, including but not limited to, a drawing, painting, sculpture, mosaic, photograph, work of calligraphy or work of graphic art or mixed media;

(2) "Connecticut artists" means artists born in Connecticut, artists who have worked in or received a portion of their training in Connecticut, or artists living in Connecticut at the time of the purchase of their works of art.

(b) The Connecticut Commission on [the Arts] Arts, Tourism, Culture, History and Film, established under section 210 of this act, may establish and administer a state art collection.

(c) The Connecticut Commission on [the Arts] Arts, Tourism, Culture, History and Film, established under section 210 of this act, shall establish policies and procedures with respect to the activities of the art collection and perform every other matter and thing requisite to the proper management, maintenance, support and control of the Connecticut art collection.

(d) The art collection shall be representative of various media, diverse styles and periods of Connecticut artists and shall be representative of Connecticut's ethnic, racial and cultural groups.

(e) The Connecticut Commission on [the Arts] Arts, Tourism, Culture, History and Film, established under section 210 of this act, may apply for and receive aid or grants from individuals, private artists, state sources, private foundations, local arts organizations and the federal government for the state art collection.

Sec. 223. Section 10-373 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The [commission] Connecticut Commission on Arts, Tourism, Culture, History and Film, established under section 210 of this act, is designated as the state agency for the reception and disbursement of federal, state and private moneys or other property made available on or after July 1, 1965, for the purpose of fostering the arts within the authority of the commission, in accordance with the standard state fiscal procedures.

Sec. 224. Section 10-373k of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Any person otherwise qualifying for a loan or grant made by the [Commission on the Arts] Connecticut Commission on Arts, Tourism, Culture, History and Film, established under section 210 of this act, shall not be disqualified by reason of being under the age of eighteen years and for the purpose of applying for, receiving and repaying such a loan, or entering into a contract concerning such loan or grant, any such person shall be deemed to have full legal capacity to act and shall have all the rights, powers, privileges and obligations of a person of full age, with respect thereto.

Sec. 225. Section 10-373n of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

For purposes of this section and sections 10-373o to 10-373q, inclusive, as amended by this act:

(1) "Arts organization" means a nonprofit organization in the state which is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as from time to time amended, the primary purpose of which is to create, perform, present or otherwise promote the visual, performing or literary arts in the state, but shall not mean an organization, the primary purpose of which is instructional, or an organization, the primary purpose of which is to receive contributions for and provide funding to arts organizations;

(2) "Commission" means the [State Commission on the Arts] Connecticut Commission on Arts, Tourism, Culture, History and Film, established under section 210 of this act;

(3) "Contribution" means cash, negotiable securities or other gifts of similar liquidity;

(4) "Donor" means a private organization, the primary purpose of which is to receive contributions for and provide funding to arts organizations, a private foundation or private corporation, partnership, single proprietorship or association or person making a contribution to an arts organization;

(5) "Fiscal year" means a period of twelve calendar months as determined by the arts organization's bylaws.

Sec. 226. Section 10-320b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

[(a) The Connecticut Historical Commission shall consist of twelve members to be appointed by the Governor. On or before January fifth in the even-numbered years he shall appoint six members for terms of four years each to replace those whose terms expire. One of such members shall be the State Historian. Commencing on July 1, 1987, members shall be appointed in accordance with the provisions of section 4-9a. No member shall serve for more than two consecutive full terms which commence after July 1, 1987. Any member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from office. The Governor shall biennially designate one member of the commission to be chairman. The Governor shall fill any vacancy for any unexpired portion of the term and he may remove any commissioner as provided by section 4-12. No compensation shall be received by the members of the commission but they shall be reimbursed for their necessary expenses. ]

[(b) The commission may] (a) With respect to historical preservation, there is established within the Connecticut Commission on Arts, Tourism, Culture, History and Film, established under section 210 of this act, an Historic Preservation Council. The Historic Preservation Council shall consist of twelve members to be appointed by the Governor. On or before January fifth in the even-numbered years, the Governor shall appoint six members for terms of four years each to replace those whose terms expire. One of such members shall be the State Historian and one shall be the State Archaeologist. Members shall be appointed in accordance with the provisions of section 4-9a. No member shall serve for more than two consecutive full terms. Any member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from office. The Governor shall biennially designate one member of the council to be chairperson. The Governor shall fill any vacancy for any unexpired portion of the term and may remove any member as provided by section 4-12. No compensation shall be received by the members of the council but they shall be reimbursed for their necessary expenses. The Connecticut Commission on Arts, Tourism, Culture, History and Film may, with the advice of the Historic Preservation Council, (1) study and investigate historic structures and landmarks in this state and encourage and recommend the development, preservation and marking of such historic structures and landmarks found to have educational, recreational and historical significance; (2) prepare, adopt and maintain standards for a state register of historic places; (3) update and keep current the state historic preservation plan; (4) administer the National Register of Historic Places Program; (5) assist owners of historic structures in seeking federal or other aid for historic preservation and related purposes; [(6) cooperate with the Department of Economic and Community Development by furnishing data, historical facts and findings which will enable said department to promote and publicize the existence of historic structures and landmarks within the state either of a public nature or operated and maintained by nonprofit organizations; (7)] (6) recommend to the General Assembly the placing and maintaining of suitable markers, memorials or monuments or other edifices to designate historic structures and landmarks found to have historical significance; [(8)] (7) make recommendations to the General Assembly regarding the development and preservation of historic structures and landmarks owned by the state; [(9)] (8) maintain a program of historical, architectural, and archaeological research and development including surveys, excavation, scientific recording, interpretation and publication of the historical, architectural, archaeological and cultural resources of the state; [(10)] (9) cooperate with promotional, patriotic, educational and research groups and associations, with local, state and national historical societies, associations and commissions, with agencies of the state and its political subdivisions and with the federal government, in promoting and publicizing the historical heritage of Connecticut; [(11)] (10) formulate standards and criteria to guide the several municipalities in the evaluation, delineation and establishment of historic districts; [(12)] (11) cooperate with the State Building Inspector, the Codes and Standards Committee and other building officials and render advisory opinions and prepare documentation regarding the application of the State Building Code to historic structures and landmarks if requested by owners of historic structures and landmarks, the State Building Inspector, the Codes and Standards Committee or other building officials; [(13)] (12) review planned state and federal actions to determine their impact on historic structures and landmarks; [(14)] (13) operate the Henry Whitfield House of Guilford, otherwise known as the Old Stone House, as a state historical museum and, in its discretion, charge a fee for admission to said museum and account for and deposit the same as provided in section 4-32; [(15)] (14) provide technical and financial assistance to carry out the purposes of [this chapter; (16)] this section and sections 10-320c to 10-320j, inclusive, as amended by this act; (15) adopt regulations in accordance with the provisions of chapter 54 for the preservation of sacred sites and archaeological sites; [, and (17)] and (16) inventory state lands to identify sacred sites and archaeological sites. The commission shall study the feasibility of establishing a state museum of Connecticut history at an appropriate existing facility. The Historic Preservation Council shall (A) review and approve or disapprove requests by owners of historic properties on which the commission holds preservation easements to perform rehabilitation work on sacred sites and archaeological sites; (B) request the assistance of the Attorney General to prevent the unreasonable destruction of historic properties pursuant to the provisions of section 22a-19a; and (C) place and maintain suitable markers, memorials or monuments to designate sites or places found to have historic significance. The council shall meet monthly. The Connecticut Trust for Historic Preservation may provide technical assistance to the council.

[(c) The Connecticut Historical Commission shall be within the State Library for administrative purposes only. ]

[(d)] (b) Notwithstanding the provisions of this section or section 1-210, the Connecticut [Historical Commission] Commission on Arts, Tourism, Culture, History and Film may withhold from disclosure to the public information relating to the location of archaeological sites under consideration for listing by the [State Historical Commission] commission or those listed on the National Register of Historic Places or the state register of historic places whenever the commission determines that disclosure of specific information would create a risk of destruction or harm to such sites. [On and after July 1, l982, the] The provisions of this subsection shall not apply to any such site unless the person who reported or discovered such site has submitted a written statement to the commission requesting that no disclosure be made. Upon receipt of such statement, the commission may withhold such information from disclosure until the July first next succeeding such receipt. Such person may request that a period of nondisclosure be extended by submitting such statements prior to July first of any year. [subsequent to 1982. ]

[(e) The Connecticut Historical Commission] (c) The Historic Preservation Council of the Commission on Arts, Tourism, Culture, History and Film shall develop a model ballot form to be mailed by clerks of municipalities on the question of creation of historic districts or districts as provided for in section 7-147a to 7-147k, inclusive.

Sec. 227. Section 10-320c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

For the purposes of sections 10-320b to 10-320h, inclusive, as amended by this act, "commission" [shall mean] means the Connecticut [Historical Commission] Commission on Arts, Tourism, Culture, History and Film established under section [10-320b] 210 of this act; "municipality" shall include any town, city or borough; "private organization" [shall mean] means a nonprofit organization which has the power to acquire, relocate, restore and maintain historic structures and landmarks in the state of Connecticut; "historic district" [shall mean] means an area in a municipality established under section 7-147a or by special act; "historic structures and landmarks" [shall mean] means any building, structure, object or site that is significant in American history, architecture, archaeology and culture or property used in connection therewith including sacred sites and archaeological sites; "historic preservation" [shall mean] means research, protection, restoration, stabilization and adaptive use of buildings, structures, objects, districts, areas and sites significant in the history, architecture, archaeology or culture of this state, its municipalities or the nation; and "state register of historic places" [shall mean] means the commission's itemized list locating and classifying historic structures and landmarks throughout the state, as discovered in the commission's field survey of 1966-1967 and as subsequently augmented.

Sec. 228. Section 10-320e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The commission may provide an appropriate plaque or marker at a cost, to be determined by the commission, to the recipient for attachment to an historic structure or landmark identifying it as a Connecticut historical landmark within the criteria adopted by the commission and as identified through the state register of historic places, if the owner agrees to display such plaque or marker in a manner satisfactory to the commission. Any such plaque or marker may be repossessed by the commission if the historic structure or landmark is not maintained in a manner satisfactory to the commission.

(b) The Connecticut [Historical Commission] Commission on Arts, Tourism, Culture, History and Film, established under section 210 of this act, in conjunction with the Amistad Committee, Inc. , New Haven, shall establish a Freedom Trail for the state of Connecticut which marks, with plaques, the sites [of the underground railroad and related sites] related to minority history. The [Department of Economic and Community Development] commission shall establish a program to publicize the existence of the Freedom Trail and shall publish a brochure which indicates the location and history of the sites.

Sec. 229. Section 10-320h of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) In making any grants-in-aid or providing any plaques or markers or making any direct expenditures for purposes of acquisition, relocation, restoration, maintenance or operation under sections 10-320c to 10-320g, inclusive, and this section the commission shall utilize any programs of the federal government in concert with its actions so as to reduce the amount of state or local expenditures hereunder. The state, acting through the commission, and any municipality may receive from the federal government any financial or technical assistance which may be available to it for the purpose of acquisition, historic preservation or operation of historic structures or landmarks and may also receive from any source gifts, devises, bequests or legacies.

(b) The commission may enter into and carry out contracts with the federal government or any agency thereof under which said government or agency grants financial or other assistance to the commission to further the purposes of [this chapter] sections 10-320b to 10-320j, inclusive, as amended by this act. The commission may agree to and comply with any reasonable conditions not inconsistent with state law which are imposed on such grants. The commission may further enter into and carry out contracts with municipalities or their agencies and with any private party to disburse federal funds to further the purpose of [this chapter] sections 10-320b to 10-320j, inclusive, as amended by this act.

Sec. 230. Subdivision (1) of subsection (a) of section 10-320j of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(1) "Commission" means the Connecticut [Historical Commission] Commission on Arts, Tourism, Culture, History and Film established under section [10-320b] 210 of this act.

Sec. 231. Section 32-86a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

[(a) There is established within the Department of Economic and Community Development a Connecticut Film, Video and Media Office. The office shall be administered by an executive director, who shall be appointed by the Commissioner of Economic and Community Development from a list of nominees submitted to the commissioner by the Connecticut Film, Video and Media Commission. The executive director shall have substantial experience in the film, video and media fields and shall be exempt from the classified service.

(b) The Department of Economic and Community Development shall provide additional necessary personnel and resources to enable the office to perform its tasks and to assist the Connecticut Film, Video and Media Commission. ]

[(c) The office] With respect to film activities, the Connecticut Commission on Arts, Tourism, Culture, History and Film, established under section 210 of this act shall have the following powers and duties:

(1) To promote the use of Connecticut locations, facilities and services for the production of films, videos, television programs, audio recordings and other media-related products;

(2) To provide support services to visiting and in-state production companies, including assistance to film, video and other media producers in securing location permits from state agencies, authorities or institutions or municipalities or other political subdivisions of the state;

(3) To develop and update a resource library concerning the many possible state sites which are suitable for filming and taping;

(4) To develop and update a production manual of available film, video and media production facilities and services in the state;

(5) To conduct and attend trade shows and production workshops to promote Connecticut locations and facilities;

(6) To prepare an explanatory guide showing the impact of relevant state and municipal tax statutes, regulations and administrative opinions on typical production activities;

(7) To formulate and propose guidelines for standardized permits to be used by state agencies which shall be as close to a "one stop permitting" process as possible, for matters including, but not limited to, the use of state roads and highways, the use of state-owned real or personal property for production activities and the conduct of regulated activities, and to hold workshops to assist state agencies in implementing such process;

(8) To formulate and recommend to municipalities model local ordinances to assist production activities, including, but not limited to, "one stop permitting" of film, video and other media production activity to be conducted in a municipality, and to hold workshops to assist municipalities in implementing such ordinances;

(9) To accept any funds, gifts, donations, bequests or grants of funds from private and public sources for the purposes of [sections 32-86 to 32-86b, inclusive, 32-87, 32-87a, 32-88 and 32-90] this section;

(10) To request and obtain from any state agency, authority or institution or any municipality or other political subdivision of the state such assistance and data as will enable the [office] commission to carry out the purposes of [sections 32-86 to 32-86b, inclusive, 32-87, 32-87a, 32-88 and 32-90] this section;

(11) To assist and promote cooperation among all segments of management and labor that are engaged in film, video or other media production;

[(12) To create advisory councils to carry out the purposes of sections 32-86 to 32-86b, inclusive, 32-87, 32-87a, 32-88 and 32-90; ]

[(13)] (12) To develop criteria for use by the Department of Economic and Community Development, the Connecticut Development Authority, Connecticut Innovations, Incorporated, and other state agencies and authorities in awarding financial assistance for the production of films, videos and other media projects in the state. The criteria shall (A) provide for a secured position for the state, and (B) give preference to projects having significant advance sales or other commitments; and

[(14)] (13) To take any other administrative action which may improve the position of the state's film, video and media production industries in national and international markets.

[(d) Not later than January fifteenth, annually, the executive director of the Connecticut Film, Video and Media Office shall submit a report to the Connecticut Film, Video and Media Commission on the activities of the office and the estimated direct and indirect economic impact of film, video, television, cable television-related, audio recording and other media production activity in the state, during the preceding calendar year. ]

Sec. 232. Subsection (c) of section 2-90 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) Said auditors shall audit, on a biennial basis if deemed most economical and efficient, or as frequently as they deem necessary, the books and accounts of each officer; [,] department; [,] commission, including the Connecticut Commission on Arts, Tourism, Culture, History and Film; board and court of the state government; [,] all institutions supported by the state and all public and quasi-public bodies, politic and corporate, created by public or special act of the General Assembly and not required to be audited or subject to reporting requirements, under the provisions of chapter 111. Each such audit may include an examination of performance in order to determine effectiveness in achieving expressed legislative purposes. The auditors shall report their findings and recommendations to the Governor, the State Comptroller, the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, and the Legislative Program Review and Investigations Committee.

Sec. 233. Subdivision (10) of section 4-230 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(10) "Audited agency" means a fire district, fire and sewer district, sewer district or other municipal utility, the Metropolitan District of Hartford County, a regional board of education, a regional planning agency, any other political subdivision of similar character which is created or any other agency created or designated by a municipality to act for such municipality whose average annual receipts from all sources exceed two hundred thousand dollars or any tourism district established under section [32-302] 215 of this act.

Sec. 234. Subdivision (15) of section 4-230 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(15) "Tourism district" means a district established under section [32-302] 215 of this act.

Sec. 235. Subsection (h) of section 7-147b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(h) The form of the ballot to be mailed to each owner shall be consistent with the model ballot prepared by the [Connecticut Historical Commission] Historic Preservation Council of the Connecticut Commission on Arts, Tourism, Culture, History and Film established pursuant to section 10-320b, as amended by this act. The ballot shall be a secret ballot and shall set the date by which such ballots shall be received by the clerk of the municipality. The ballots shall be mailed by first class mail to each owner eligible to vote in such balloting at least fifteen days in advance of the day on which ballots must be returned. Notice of balloting shall be published in the form of a legal advertisement appearing in a newspaper having a substantial circulation in the municipality at least twice, at intervals of not less than two days, the first not more than fifteen days nor less than ten days and the last not less than two days before the day on which the ballots must be returned. Such ballot shall be returned to the municipal clerk, inserted in an inner envelope which shall have endorsed on the face thereof a form containing a statement as follows: "I, the undersigned, do hereby state under the penalties of false statement that I am an owner of record of real property to be included in the proposed historic district and that I am, or my predecessors in title were, liable to the municipality for taxes on an assessment of not less than one thousand dollars on the last grand list of the municipality of real property within the district, or who would be or would have been so liable if not entitled to an exemption under subdivision (7), (8), (10), (11), (13), (14), (15), (16), (17), (20), (21), (22), (23), (24), (25), (26), (29) or (49) of section 12-81. " Such statement shall be signed and dated. Any person who intentionally falsely signs such ballot shall be guilty of false statement as defined in section 53a-157b. The inner envelope, in which the ballot has been inserted by the owner, shall be returned to the municipal clerk in an outer envelope endorsed on the outside with the words: "Official ballot". Such outer envelope shall also contain, in the upper left corner of the face thereof, blank spaces for the name and return address of the sender. In the lower left corner of such outer envelope, enclosed in a printed box, there shall be spaces upon which the municipal clerk, before issuance of the ballot and envelopes, shall inscribe the name, street and number of the elector's voting residence and the date by which the ballot must be returned, and before issuance the municipal clerk shall similarly inscribe such envelope with his name and address for the return thereof. All outer envelopes shall be serially numbered. The ballots shall be returned to the municipal clerk by the close of business on the day specified, and such clerk shall compare each ballot to the list of property owners to whom such ballots were mailed to insure that each such ballot has been properly signed and returned.

Sec. 236. Subdivision (1) of section 7-425 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(1) "Municipality" means any town, city, borough, school district, taxing district, fire district, district department of health, probate district, housing authority, regional work force development board established under section 31-3k, regional emergency telecommunications center, tourism district established under section [32-302] 215 of this act, flood commission or authority established by special act or regional planning agency.

Sec. 237. Subsection (b) of section 10a-111a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The State Historian shall: (1) Be a member of the [Connecticut Historical Commission pursuant to section 10-320b] Connecticut Commission on Arts, Tourism, Culture, History and Film, established pursuant to section 210 of this act, (2) edit or supervise the editing and publication of the public records of the state, (3) provide information and advice to members of the government at all levels, (4) assist the State Board of Education in efforts to promote the teaching of history in schools and teacher preparation programs, (5) respond to requests for advice from historical societies, (6) respond to requests for information on the state's history, (7) make public appearances and addresses on the state's history, (8) prepare bibliographies and other research aids relating to the history of the state, and (9) promote by appropriate informative and educational programs the celebration or commemoration of significant historical events.

Sec. 238. Subsection (b) of section 12-15 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The commissioner may disclose (1) returns or return information to (A) an authorized representative of another state agency or office, upon written request by the head of such agency or office, when required in the course of duty or when there is reasonable cause to believe that any state law is being violated, or (B) an authorized representative of an agency or office of the United States, upon written request by the head of such agency or office, when required in the course of duty or when there is reasonable cause to believe that any federal law is being violated, provided no such agency or office shall disclose such returns or return information, other than in a judicial or administrative proceeding to which such agency or office is a party pertaining to the enforcement of state or federal law, as the case may be, in a form which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer except that the names and addresses of jurors or potential jurors and the fact that the names were derived from the list of taxpayers pursuant to chapter 884 may be disclosed by the judicial branch; (2) returns or return information to the Auditors of Public Accounts, when required in the course of duty under chapter 23; (3) returns or return information to tax officers of another state or of a Canadian province or of a political subdivision of such other state or province or of the District of Columbia or to any officer of the United States Treasury Department or the United States Department of Health and Human Services, authorized for such purpose in accordance with an agreement between this state and such other state, province, political subdivision, the District of Columbia or department, respectively, when required in the administration of taxes imposed under the laws of such other state, province, political subdivision, the District of Columbia or the United States, respectively, and when a reciprocal arrangement exists; (4) returns or return information in any action, case or proceeding in any court of competent jurisdiction, when the commissioner or any other state department or agency is a party, and when such information is directly involved in such action, case or proceeding; (5) returns or return information to a taxpayer or its authorized representative, upon written request for a return filed by or return information on such taxpayer; (6) returns or return information to a successor, receiver, trustee, executor, administrator, assignee, guardian or guarantor of a taxpayer, when such person establishes, to the satisfaction of the commissioner, that such person has a material interest which will be affected by information contained in such returns or return information; (7) information to the assessor or an authorized representative of the chief executive officer of a Connecticut municipality, when the information disclosed is limited to (A) a list of real or personal property that is or may be subject to property taxes in such municipality, or (B) a list containing the name of each person who is issued any license, permit or certificate which is required, under the provisions of this title, to be conspicuously displayed and whose address is in such municipality; (8) real estate conveyance tax return information or controlling interest transfer tax return information to the town clerk or an authorized representative of the chief executive officer of a Connecticut municipality to which the information relates; (9) estate tax returns and estate tax return information to the Probate Court Administrator or to the court of probate for the district within which a decedent resided at the date of the decedent's death, or within which the commissioner contends that a decedent resided at the date of the decedent's death or, if a decedent died a nonresident of this state, in the court of probate for the district within which real estate or tangible personal property of the decedent is situated, or within which the commissioner contends that real estate or tangible personal property of the decedent is situated; (10) returns or return information to the Secretary of the Office of Policy and Management for purposes of subsection (b) of section 12-7a; (11) return information to the Jury Administrator, when the information disclosed is limited to the names, addresses, federal Social Security numbers and dates of birth, if available, of residents of this state, as defined in subdivision (1) of subsection (a) of section 12-701; (12) pursuant to regulations adopted by the commissioner, returns or return information to any person to the extent necessary in connection with the processing, storage, transmission or reproduction of such returns or return information, and the programming, maintenance, repair, testing or procurement of equipment, or the providing of other services, for purposes of tax administration; (13) without written request and unless the commissioner determines that disclosure would identify a confidential informant or seriously impair a civil or criminal tax investigation, returns and return information which may constitute evidence of a violation of any civil or criminal law of this state or the United States to the extent necessary to apprise the head of such agency or office charged with the responsibility of enforcing such law, in which event the head of such agency or office may disclose such return information to officers and employees of such agency or office to the extent necessary to enforce such law; (14) names and addresses of operators, as defined in section 12-407, to tourism districts, as defined in section [32-302] 215 of this act; and (15) names of each licensed dealer, as defined in section 12-285, and the location of the premises covered by the dealer's license.

Sec. 239. Subsection (93) of section 12-412 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(93) Sales of tangible personal property or services to any tourism district, as defined in section [32-302] 215 of this act.

Sec. 240. Subsection (i) of section 32-656 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(i) The secretary and the authority shall jointly select and appoint an independent construction contract compliance officer or agent, which may be an officer or agency of a political subdivision of the state, other than the authority, or a private consultant experienced in similar public contract compliance matters, to monitor compliance by the secretary, the authority, the project manager and each prime construction contractor with the provisions of applicable state law, including subdivision (1) of section 12-412, subsection (a) of section 12-498, sections 12-541 and 13a-25, subdivision (1) of section 22a-134, [subsection (f) of section 32-305,] section 32-600, subsection (c) of section 32-602, subsection (e) of section 32-605, section 32-610, subsections (a) and (b) of section 32-614, sections 32-617, 32-617a, 32-650, 32-651 to 32-658, inclusive, 32-660 and 32-661, subsection (b) of section 32-662, section 32-663, subsections (j) to (l), inclusive, of section 32-664, sections 32-665 to 32-666a, inclusive, sections 32-668 and 48-21 and sections 29 and 30 of public act 00-140*, and with applicable requirements of contracts with the secretary or the authority, relating to set-asides for small contractors and minority business enterprises and required efforts to hire available and qualified members of minorities and available and qualified residents of the city of Hartford and the town of East Hartford for construction jobs with respect to the overall project and the on-site related private development. Such independent contract compliance officer or agent shall file a written report of his or her findings and recommendations with the secretary and the authority each quarter during the period of project development.

Sec. 241. Section 4-5 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

As used in sections 4-6, 4-7 and 4-8, the term "department head" means Secretary of the Office of Policy and Management, Commissioner of Administrative Services, Commissioner of Revenue Services, Commissioner of Banking, Commissioner of Children and Families, Commissioner of Consumer Protection, Commissioner of Correction, Commissioner of Economic and Community Development, State Board of Education, Commissioner of Environmental Protection, Commissioner of Agriculture, Commissioner of Public Health, Insurance Commissioner, Labor Commissioner, Liquor Control Commission, Commissioner of Mental Health and Addiction Services, Commissioner of Public Safety, Commissioner of Social Services, Commissioner of Mental Retardation, Commissioner of Motor Vehicles, Commissioner of Transportation, Commissioner of Public Works, Commissioner of Veterans' Affairs, Commissioner of Health Care Access, Chief Information Officer, [and] the chairperson of the Public Utilities Control Authority and the executive director of the Connecticut Commission on Arts, Tourism, Culture, History and Film.

Sec. 242. Section 26-55 of the general statutes, as amended by public act 03-192, is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

No person shall import or introduce into the state, or possess or liberate therein, any live fish, wild bird, wild mammal, reptile, amphibian or invertebrate unless such person has obtained a permit therefor from the commissioner provided nothing in this section shall be construed to require such permit for any live fish, wild bird, wild mammal, reptile amphibian or invertebrate that was imported, introduced into the state, possessed or liberated in the state prior to October 1, 2003. Such permit may be issued at the discretion of the commissioner under such regulations as the commissioner may prescribe. The commissioner may by regulation prescribe the numbers of live fish, wild birds, wild mammals, reptiles, amphibians or invertebrates of certain species which may be imported, possessed, introduced into the state or liberated therein. The commissioner may by regulation exempt certain species or groups of live fish from the permit requirements. The commissioner may by regulation determine which species of wild birds, wild mammals, reptiles, amphibians or invertebrates must meet permit requirements. The commissioner may totally prohibit the importation, possession, introduction into the state or liberation therein of certain species which the commissioner has determined may be a potential threat to humans, agricultural crops or established species of plants, fish, birds, mammals, reptiles, amphibians or invertebrates. The commissioner may by regulation exempt from permit requirements organizations or institutions such as zoos, research laboratories, colleges or universities, public nonprofit aquaria or nature centers where live fish, wild birds, wild mammals, reptiles, amphibians or invertebrates are held in strict confinement. Any such fish, bird, mammal, reptile, amphibian or invertebrate illegally imported into the state or illegally possessed therein shall be seized by any representative of the Department of Environmental Protection and shall be disposed of as determined by the commissioner. Any person, except as provided in section 26-55a, who violates any provision of this section or any regulation issued by the commissioner as herein provided shall be guilty of an infraction. Importation, liberation or possession of each fish, wild bird, wild mammal, reptile, amphibian or invertebrate in violation of this section or such regulation shall be a separate and distinct offense and, in the case of a continuing violation each day of continuance thereof shall be deemed to be a separate and distinct offense.

Sec. 243. (Effective from passage) (a) The sum of $ 4,780,000 appropriated in various accounts, as determined by the Secretary of the Office of Policy and Management, in section 11 of special act 01-1 of the June special session, as amended by section 19 of public act 02-1 of the May 9 special session, shall not lapse on June 30, 2003, and such funds shall be transferred and made available during the fiscal year ending June 30, 2004, for the following purposes: The sum of $ 4,480,000 shall be deposited in the Connecticut Commission on Arts, Tourism, Culture, History and Film account for expenditure by the Commission on Arts, Tourism, Culture, History and Film; the sum of $ 125,000 shall be transferred to the Office of Policy and Management for Other Expenses for the benefit of the Institute for Municipal and Regional Policy at Central Connecticut State University; the sum of $ 50,000 shall be transferred to the Office of Policy and Management, for Other Expenses, to support continuing activities of the Council on Environmental Quality; the sum of $ 100,000 shall be transferred to the Office of Policy and Management, for Other Expenses, for a grant to the Washington Center, in Washington, D. C. , to benefit UConn and CSU students obtaining college credit through internships in Washington, D. C. , and the sum of $ 25,000 shall be transferred to the Office of Policy and Management, for Other Expenses to be used at the discretion of the Secretary.

(b) The sum of $ 400,000 appropriated to the Department of Social Services, for Medicaid, in section 1 of public act 03-1 of the June 30 special session, shall be transferred to the Office of Policy and Management, for Other Expenses, for use at the discretion of the Secretary, during the fiscal year ending June 30, 2004.

(c) The sum of $ 100,000 appropriated to the Department of Social Services for Other Expenses in section 1 of public act 03-1 of the June 30 special session shall be used for a grant to the Hartford Foundation for Public Giving for the Children's Health Council during the fiscal year ending June 30, 2004.

(d) Up to $ 100,000 appropriated to the Reserve for Salary Adjustment, in section 1 of public act 03-1 of the June 30 special session, may be transferred to the Department of Higher Education, for Personal Services, to support one additional position at the department.

(e) The sum of $ 70,000 appropriated to the Department of Higher Education, for the Minority Advancement Program, in section 1 of public act 03-1 of the June 30 special session, shall be transferred to Other Expenses, to be used during the fiscal year ending June 30, 2004, for an international initiative in Germany.

Sec. 244. Subdivision (2) of subsection (e) of section 10-76d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(2) Notwithstanding any other provisions of the general statutes, for the fiscal year ending June 30, 1987, and each fiscal year thereafter, whenever a public agency, other than a local or regional board of education, the State Board of Education or the Superior Court acting pursuant to section 10-76h, places a child in a foster home, group home, hospital, state institution, receiving home, custodial institution or any other residential or day treatment facility, and such child requires special education, the local or regional board of education under whose jurisdiction the child would otherwise be attending school or, if no such board can be identified, the local or regional board of education of the town where the child is placed, shall provide the requisite special education and related services to such child in accordance with the provisions of this section. Within one business day of such a placement by the Department of Children and Families, said department shall orally notify the local or regional board of education responsible for providing special education and related services to such child of such placement. The department shall provide written notification to such board of such placement within two business days of the placement. Such local or regional board of education shall convene a planning and placement team meeting for such child within thirty days of the placement and shall invite a representative of the Department of Children and Families to participate in such meeting. (A) The local or regional board of education under whose jurisdiction such child would otherwise be attending school shall be financially responsible for the reasonable costs of such special education and related services in an amount equal to the lesser of one hundred per cent of the costs of such education or the average per pupil educational costs of such board of education for the prior fiscal year, determined in accordance with the provisions of subsection (a) of section 10-76f. The State Board of Education shall pay on a current basis, except as provided in subdivision (3) of this subsection, any costs in excess of such local or regional board's basic contributions paid by such board of education in accordance with the provisions of this subdivision. (B) Whenever a child is placed pursuant to this subdivision, on or after July 1, 1995, by the Department of Children and Families and the local or regional board of education under whose jurisdiction such child would otherwise be attending school cannot be identified, the local or regional board of education under whose jurisdiction the child attended school or in whose district the child resided at the time of removal from the home by said department shall be responsible for the reasonable costs of special education and related services provided to such child, for one calendar year or until the child is committed to the state pursuant to section 46b-129 or 46b-140 or is returned to [his] the child's parent or guardian, whichever is earlier. If the child remains in such placement beyond one calendar year the Department of Children and Families shall be responsible for such costs. During the period the local or regional board of education is responsible for the reasonable cost of special education and related services pursuant to this subparagraph, the board shall be responsible for such costs in an amount equal to the lesser of one hundred per cent of the costs of such education and related services or the average per pupil educational costs of such board of education for the prior fiscal year, determined in accordance with the provisions of subsection (a) of section 10-76f. The State Board of Education shall pay on a current basis, except as provided in subdivision (3) of this subsection, any costs in excess of such local or regional board's basic contributions paid by such board of education in accordance with the provisions of this subdivision. The costs for services other than educational shall be paid by the state agency which placed the child. The provisions of this subdivision shall not apply to the school districts established within the Department of Children and Families, pursuant to section 17a-37, the Department of Correction, pursuant to section 18-99a, or the Department of Mental Retardation, pursuant to section 17a-240, provided in any case in which special education is being provided at a private residential institution, including the residential components of regional educational service centers, to a child for whom no local or regional board of education can be found responsible under subsection (b) of this section, Unified School District #2 shall provide the special education and related services and be financially responsible for the reasonable costs of such special education instruction for such children. Notwithstanding the provisions of this subdivision, for the fiscal years ending June 30, 2004, and June 30, 2005, the amount of the grants payable to local or regional boards of education in accordance with this subdivision shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this subdivision for such year.

Sec. 245. Subdivision (3) of subsection (e) of section 10-76d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(3) Payment for children who require special education and who reside on state-owned or leased property or in permanent family residences as defined in section 17a-154, and who are not the educational responsibility of the unified school districts established pursuant to section 17a-37, section 17a-240 or section 18-99a, shall be made in the following manner: The State Board of Education shall pay to the school district which is responsible for providing instruction for each such child pursuant to the provisions of this subsection one hundred per cent of the reasonable costs of such instruction. In the fiscal year following such payment, the State Board of Education shall deduct from the special education grant due the local or regional board of education under whose jurisdiction the child would otherwise be attending school, where such board has been identified, the amount for which such board would otherwise have been financially responsible pursuant to the provisions of subdivision (2) of this subsection. No such deduction shall be made for any school district which is responsible for providing special education instruction for children whose parents or legal guardians do not reside within such district. The amount deducted shall be included as a net cost of special education by the Department of Education for purposes of the state's special education grant calculated pursuant to section 10-76g. A school district otherwise eligible for reimbursement under the provisions of this subdivision for the costs of education of a child residing in a permanent family residence shall continue to be so eligible in the event that a person providing foster care in such residence adopts the child. Notwithstanding the provisions of this subdivision, for the fiscal years ending June 30, 2004, and June 30, 2005, the amount of the grants payable to local or regional boards of education in accordance with this subdivision shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this subdivision for such year.

Sec. 246. Subsection (b) of section 10-253 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The board of education of the school district under whose jurisdiction a child would otherwise be attending school shall be financially responsible for the reasonable costs of education for a child placed out by the Commissioner of Children and Families or by other agencies in a private residential facility when such child requires educational services other than special education services. Such financial responsibility shall be the lesser of one hundred per cent of the costs of such education or the average per pupil educational costs of such board of education for the prior fiscal year, determined in accordance with subsection (a) of section 10-76f. Any costs in excess of the boards' basic contribution shall be paid by the State Board of Education on a current basis. The costs for services other than educational shall be paid by the state agency which placed the child. Application for the grant to be paid by the state for costs in excess of the local or regional board of education's basic contribution shall be made in accordance with the provisions of subdivision (5) of subsection (e) of section 10-76d. Notwithstanding the provisions of this subsection, for the fiscal years ending June 30, 2004, and June 30, 2005, the amount of the grants payable to local or regional boards of education in accordance with this subsection shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this subsection for such year.

Sec. 247. (Effective from passage) Notwithstanding section 6 of special act 97-4, as amended by section 4 of special act 01-7, and section 10-262i of the general statutes, one million dollars of the amount appropriated to Hartford for the fiscal year ending June 30, 2004, for equalization aid grant pursuant to section 10-262h of the general statutes shall be paid by Hartford to the Teachers' Retirement System.

Sec. 248. (Effective from passage) Sections 10-320i, 10-369, 10-371, 10-372, 10-372a, 10-373m, 13a-248, 32-86, 32-86b to 32-90, inclusive, 32-300 to 32-305, inclusive, and subdivisions (13) and (14) of subsection (e) of section 2c-2b of the general statutes, section 20 of public act 03-2, as amended by section 47 of public act 03-1 of the June 30 special session, and sections 48, 85 and 91 of public act 03-1 of the June 30 special session are repealed.

Approved August 20, 2003