Connecticut Seal

House Bill No. 5801

May, 2004 Special Session, Public Act No. 04-2

AN ACT CONCERNING BUDGET IMPLEMENTATION.

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

Section 1. (Effective July 1, 2004) Up to $ 100,000 of federal funds available to the Department of Social Services shall be transferred to the Commission on Fire Prevention and Control, during the fiscal year ending June 30, 2005, to reimburse municipalities for the costs of emergency responses.

Sec. 2. (Effective July 1, 2004) The sum of $ 1,000,000 appropriated to DEBT SERVICE - STATE TREASURER, Debt Service, for the fiscal year ending June 30, 2005, shall be transferred to the appropriation to DEBT SERVICE - STATE TREASURER, CHEFA Day Care Security, for said fiscal year.

Sec. 3. (Effective July 1, 2004) The sum of $ 3,774,657 is appropriated to the Labor Department, from the General Fund, for the fiscal year ending June 30, 2005, for Workforce Investment Act.

Sec. 4. (Effective July 1, 2004) The sum of $ 100,000 appropriated to the Department of Higher Education, for the fiscal year ending June 30, 2004, for Education and Health Initiatives, shall not lapse June 30, 2004, and shall be transferred to the Office of Workforce Competitiveness, CETC Workforce, for the fiscal year ending June 30, 2005, for Workforce Development.

Sec. 5. (Effective July 1, 2004) The sum of $ 50,000 appropriated to the Department of Higher Education, for the fiscal year ending June 30, 2005, for Education and Health Initiatives, shall be transferred to the Office of Workforce Competitiveness, CETC Workforce, for Workforce Development.

Sec. 6. Section 5-200 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Commissioner of Administrative Services or his authorized agent shall administer centralized and decentralized selection programs that will identify those applicants most qualified for appointment to or promotion in the state classified service, and establish candidate and reemployment lists for the various classes of positions within occupational groups and career progression levels. Upon a request from any appointing authority or indication of the need for additional employees, as evidenced by the presence of a temporary or provisional employee or by a request for certification of a temporary employee in any class, the commissioner or his designee shall certify the names of persons eligible for employment or reemployment. The commissioner shall: (1) Install and administer service-rating systems; (2) devise plans for, and cooperate with, appointing authorities and other supervising officials in the conduct of employee training programs to the end that the quality of service rendered by persons in the classified service may be continually improved; (3) conduct research into methods of selection, service ratings and other problems of personnel administration; (4) arrange for and, in cooperation with appointing authorities, effect transfers; (5) cooperate with appointing authorities in employee recruitment programs; (6) administer annual sick and special leaves of absence and hours of work and attendance in accordance with the provisions of this chapter and any regulations relating thereto; (7) establish personnel standards, governing promotions, classifications, reclassifications and the creation of positions, that will provide guidance to all agencies in matters of personnel management and serve as a means to evaluate agency performance in conducting personnel management; and (8) see that all appointments, promotions, layoffs, demotions, suspensions, removals and retirements are made in accordance with the applicable provisions of the general statutes and regulations issued pursuant thereto. The commissioner may fully or partially delegate the responsibilities set forth in this subsection to the heads of state agencies or their authorized agents, subject to audit, in order to improve human resource management.

(b) The commissioner shall review position classifications in accordance with subsection (c) of section 5-206.

(c) The commissioner shall cause to be kept for the classified service suitable records of (1) regulations adopted under this chapter, (2) classifications of positions, occupational groups, career progression levels and schedules of compensation provided for under this chapter, (3) standards for examining qualifications and measuring service, (4) examinations conducted and candidate and reemployment lists established, and (5) provisional and temporary appointments and other official acts.

(d) The commissioner shall prescribe procedures for reports to be submitted to him.

(e) The commissioner shall establish and maintain a complete roster of the employees and officers in the state service, whether under the classified service or not, showing for each such employee the title of the position held, his departmental, agency or institution assignment, rate of compensation, date of appointment and each change in his status, including any increase and decrease in pay, change in title, transfers or other facts which the commissioner considers desirable and pertinent.

(f) The commissioner shall prescribe reasonable conditions and procedures under which the records of the Department of Administrative Services shall be open to public inspection during usual business hours, except as provided in section 5-225. He shall take all due precautions to prevent the securing in advance by any unauthorized person of any material to be used in any examination under this chapter, unless such material is available for all applicants. Statements of the former employers of applicants shall be considered confidential and shall not be open to inspection by any person.

(g) The commissioner and his agents shall have free access to premises and records under the control of all officers, appointing authorities and other state employees during usual business hours and shall be furnished such facilities, assistance and information as he and his agents require in carrying out their functions. This subsection shall not apply to the medical records of state employees, unless the employee gives his consent or unless the information sought is necessary to assure adjudication of any responsibility on the part of the state or unless medical interpretations of preemployment and other examinations are requested by the commissioner.

(h) (1) The commissioner shall, after completion of all established preliminary procedures necessary to prepare new and revised regulations, print and provide current and complete personnel regulations to all state agencies and to recognized state employee organizations. (2) New and revised regulations prepared as the result of legislative changes or development of new policies shall be processed in accordance with established procedures within a period of time not less than six months from their effective date and distributed in the same manner.

(i) The commissioner may designate any two or more of his staff to serve as a hearing panel with respect to any matter before the commissioner. The commissioner and any hearing panel shall have the power to make investigations, inquiries and hold hearings. Any such panel shall report and may submit recommendations to the commissioner but shall have no other power except as otherwise specified in this chapter.

(j) The commissioner shall issue such regulations as he may find necessary or appropriate for the administration of personnel pursuant to the provisions of this chapter.

(k) The commissioner shall, subject to the approval of the Secretary of the Office of Policy and Management, establish compensation schedules or plans pertaining to all state employees except employees of the Judicial and Legislative Departments and employees whose compensation is prescribed by statute. The commissioner shall prescribe higher compensation for work performed under less desirable conditions or at less desirable hours.

(l) The commissioner shall establish classes of positions, occupational groups and career progression levels for all state employees holding positions in the classified service.

(m) The commissioner shall maintain current compensation schedules pertaining to all employees specified in subsection (k) of this section and a comprehensive plan of position classifications pertaining to all employees specified in subsection (l) of this section.

(n) Any interested employee, his representative or any appointing authority may submit to the commissioner written data, views, arguments or request for a hearing in regard to specified position classifications or allocation of a class of positions to the compensation schedule. Within two months after the commissioner shall have received such data, views or arguments or shall have held any requested hearing, he shall forward to such employee, representative or appointing authority his written decision thereon, together with all written materials submitted to him by the interested employee or his representative and such other information as he considers appropriate.

(o) The commissioner may at any time establish, abolish, divide or combine classes of positions and allocation of classes of positions to the compensation schedule. Any such action having a fiscal impact must be approved by the Secretary of the Office of Policy and Management. The commissioner may at any time, subject to the approval of the Secretary of the Office of Policy and Management, amend or repeal any portion of any compensation schedule. The commissioner need not conduct any investigation or hearing prior to any such action.

(p) When such authority is not otherwise conferred by statute, the commissioner may issue orders to provide that (1) executive or judicial branch employees exempt from the classified service or not included in any prevailing bargaining unit contract, except unclassified employees of any board of trustees of the constituent units of higher education, be granted rights and benefits not less than those granted to employees in the classified service or covered under such contracts, or (2) retirement benefits for state employees exempt from the classified service or not included in any prevailing bargaining unit contract and employees of state-aided institutions, as defined in section 5-175, be adjusted to provide retirement benefits for such employees which are the same as those most frequently provided under the terms of approved bargaining unit contracts in effect at the time of such adjustment. When such authority is not otherwise conferred by statute, the board of trustees of any constituent unit of the state system of higher education may issue orders to provide that the unclassified employees of such board be granted rights and benefits not less than those granted to employees of the board who are covered under a prevailing bargaining unit contract. Where there is a conflict between an order granting such rights and benefits and any provision of the general statutes, such order shall prevail. Such orders shall be subject to the approval of the Secretary of the Office of Policy and Management. If the secretary approves such order, and such order is in conflict with any provision of the general statutes, the secretary shall forward a copy of such order to the joint committee of the General Assembly having cognizance of labor matters.

(q) Commencing November 1, 1989, elected officials and employees in the legislative branch and elected officials in the executive branch shall be granted rights and benefits equal to those granted to employees in the classified service covered under a prevailing collective bargaining agreement negotiated in accordance with subdivision (1) of subsection (f) of section 5-278.

[(q)] (r) When requested by the appropriate appointing authority, the commissioner shall establish classes of positions for employees holding positions in the unclassified service and shall establish compensation schedules pertaining to employees of the Judicial and Legislative Departments, subject to the approval of the Secretary of the Office of Policy and Management.

[(r)] (s) The commissioner and any municipality or other political subdivision of the state may enter into an agreement whereby the Department of Administrative Services shall provide such personnel administration services as may be requested by such municipality or political subdivision. Such agreement shall provide for the payment by such municipality or political subdivision, to the commissioner, of expenses incurred in the provision of such personnel services. All payments received by the commissioner pursuant to this section shall be deposited in the General Fund and credited to the appropriations of the Department of Administrative Services in accordance with the provisions of section 4-86.

[(s)] (t) Notwithstanding the provisions of this chapter, any matters involving collective bargaining shall be the responsibility of the Secretary of the Office of Policy and Management.

Sec. 7. Section 5-257 of the general statutes is amended by adding subsection (f) as follows (Effective from passage):

(NEW) (f) Commencing November 1, 1989, as used in this section, "employee" includes an elected official in the executive branch.

Sec. 8. Section 6-38m of the general statutes, as amended by section 15 of public act 03-19 and section 5 of public act 03-224, is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

[(a) There is established a state marshal account which shall be a separate nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited into the account. Any balance remaining in said account at the end of any fiscal year shall be carried forward in the account for the next fiscal year. ]

[(b)] Commencing October 1, 2001, and not later than October first each year thereafter, each state marshal shall pay an annual fee of two hundred fifty dollars to the State Marshal Commission, which fee shall be deposited in the General Fund.

[(c) The additional fee paid to the Superior Court pursuant to section 52-259d and any fee collected pursuant to subsection (b) of this section, shall be deposited in the General Fund.

(d) The first two hundred fifty thousand dollars collected each fiscal year, pursuant to subsections (b) and (c) of this section, shall be credited to the state marshal account and be available for expenditure by the State Marshal Commission for the operating expenses of the commission. From July 1, 2001, until July 1, 2006, the Secretary of the Office of Policy and Management shall review and approve or disapprove the budget of the commission. For the fiscal year ending June 30, 2004, and each fiscal year thereafter, the State Marshals Advisory Board shall submit to the State Marshal Commission a request for administrative support for such fiscal year. Such request shall be submitted prior to the beginning of such fiscal year.

(e) For the fiscal year ending June 30, 2002, the next one hundred ten thousand dollars collected in subsections (b) and (c) of this section shall be transferred to the Judicial Department and be available for expenditure by the Judicial Department for the operating expenses of the Commission on Racial and Ethnic Disparity. The next two hundred thirty thousand dollars shall be transferred to the Office of Policy and Management for Other Expenses for the purposes of subsections (f) and (g) of section 54-1m.

(f) The moneys made available in subsection (e) of this section may be transferred by said office to agencies requiring funds for such purposes. ]

Sec. 9. Subsection (a) of section 46a-57 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) (1) The Governor shall appoint three human rights referees for terms commencing October 1, 1998, and four human rights referees for terms commencing January 1, 1999. The human rights referees so appointed shall serve for a term of one year.

(2) (A) On and after October 1, 1999, the Governor shall appoint seven human rights referees with the advice and consent of both houses of the General Assembly. The Governor shall appoint three human rights referees to serve for a term of two years commencing October 1, 1999. The Governor shall appoint four human rights referees to serve for a term of three years commencing January 1, 2000. Thereafter, human rights referees shall serve for a term of three years.

(B) On and after July 1, 2001, there shall be five human rights referees. Each of the human rights referees serving on July 1, 2001, shall complete the term to which such referee was appointed. Thereafter, human rights referees shall be appointed by the Governor, with the advice and consent of both houses of the General Assembly, to serve for a term of three years.

(C) On and after July 1, 2004, there shall be seven human rights referees. Each of the human rights referees serving on July 1, 2004, shall complete the term to which such referee was appointed and shall serve until his successor is appointed and qualified. Thereafter, human rights referees shall be appointed by the Governor, with the advice and consent of both houses of the General Assembly, to serve for a term of three years.

(3) When the General Assembly is not in session, any vacancy shall be filled pursuant to the provisions of section 4-19. The Governor may remove any human rights referee for cause.

Sec. 10. Subsection (h) of section 46b-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

[(h) (1) On and after April 1, 2000, the Chief Family Support Magistrate shall receive a salary of ninety-nine thousand five hundred eighty-seven dollars, and other family support magistrates shall receive an annual salary of ninety-four thousand five hundred eighty-seven dollars.

(2) On and after April 1, 2001, the Chief Family Support Magistrate shall receive a salary of one hundred three thousand six hundred dollars, and other family support magistrates shall receive an annual salary of ninety-eight thousand six hundred dollars. ]

[(3)] (h) (1) On and after April 1, 2002, the Chief Family Support Magistrate shall receive a salary of one hundred eight thousand eight hundred twenty-one dollars, and other family support magistrates shall receive an annual salary of one hundred three thousand five hundred sixty-nine dollars.

(2) On and after January 1, 2005, the Chief Family Support Magistrate shall receive a salary of one hundred fourteen thousand eight hundred six dollars, and other family support magistrates shall receive an annual salary of one hundred nine thousand two hundred sixty-five dollars.

(3) On and after January 1, 2006, the Chief Family Support Magistrate shall receive a salary of one hundred twenty-one thousand one hundred twenty dollars, and other family support magistrates shall receive an annual salary of one hundred fifteen thousand two hundred seventy-five dollars.

(4) On and after January 1, 2007, the Chief Family Support Magistrate shall receive a salary of one hundred twenty-seven thousand seven hundred eighty-two dollars, and other family support magistrates shall receive an annual salary of one hundred twenty-one thousand six hundred fifteen dollars.

Sec. 11. Subsection (b) of section 46b-236 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(b) Each family support referee shall receive, for acting as a family support referee, in addition to the retirement salary, the sum of [one hundred eighty] one hundred ninety dollars and expenses, including mileage, for each day a family support referee is so engaged.

Sec. 12. Subsection (a) of section 51-47 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) The judges of the Superior Court, judges of the Appellate Court and judges of the Supreme Court shall receive annually salaries as follows:

[(1) On and after April 1, 2000, (A) the Chief Justice of the Supreme Court, one hundred thirty-five thousand eight hundred sixty-one dollars; (B) the Chief Court Administrator if a judge of the Supreme Court, Appellate Court or Superior Court, one hundred thirty thousand seventeen dollars; (C) each associate judge of the Supreme Court, one hundred twenty-four thousand six hundred eighty-three dollars; (D) the Chief Judge of the Appellate Court, one hundred twenty-three thousand one hundred fifty-two dollars; (E) each judge of the Appellate Court, one hundred sixteen thousand two hundred sixty-seven dollars; (F) the Deputy Chief Court Administrator if a judge of the Superior Court, one hundred thirteen thousand eight hundred ninety-six dollars; (G) each judge of the Superior Court, one hundred eleven thousand two hundred seventy-nine dollars.

(2) On and after April 1, 2001, (A) the Chief Justice of the Supreme Court, one hundred forty thousand five hundred eighty-two dollars; (B) the Chief Court Administrator if a judge of the Supreme Court, Appellate Court or Superior Court, one hundred thirty-four thousand seven hundred thirty-eight dollars; (C) each associate judge of the Supreme Court, one hundred twenty-nine thousand four hundred four dollars; (D) the Chief Judge of the Appellate Court, one hundred twenty-seven thousand eight hundred seventy-three dollars; (E) each judge of the Appellate Court, one hundred twenty thousand nine hundred eighty-eight dollars; (F) the Deputy Chief Court Administrator if a judge of the Superior Court, one hundred eighteen thousand six hundred seventeen dollars; (G) each judge of the Superior Court, one hundred sixteen thousand dollars. ]

[(3)] (1) On and after April 1, 2002, (A) the Chief Justice of the Supreme Court, one hundred forty-nine thousand five hundred eighty-two dollars; (B) the Chief Court Administrator if a judge of the Supreme Court, Appellate Court or Superior Court, one hundred forty-three thousand seven hundred thirty-eight dollars; (C) each associate judge of the Supreme Court, one hundred thirty-eight thousand four hundred four dollars; (D) the Chief Judge of the Appellate Court, one hundred thirty-six thousand eight hundred seventy-three dollars; (E) each judge of the Appellate Court, one hundred twenty-nine thousand nine hundred eighty-eight dollars; (F) the Deputy Chief Court Administrator if a judge of the Superior Court, one hundred twenty-seven thousand six hundred seventeen dollars; (G) each judge of the Superior Court, one hundred twenty-five thousand dollars.

(2) On and after January 1, 2005, (A) the Chief Justice of the Supreme Court, one hundred fifty-seven thousand eight hundred nine dollars; (B) the Chief Court Administrator if a judge of the Supreme Court, Appellate Court or Superior Court, one hundred fifty-one thousand six hundred forty-four dollars; (C) each associate judge of the Supreme Court, one hundred forty-six thousand sixteen dollars; (D) the Chief Judge of the Appellate Court, one hundred forty-four thousand four hundred one dollars; (E) each judge of the Appellate Court, one hundred thirty-seven thousand one hundred thirty-seven dollars; (F) the Deputy Chief Court Administrator if a judge of the Superior Court, one hundred thirty-four thousand six hundred thirty-six dollars; (G) each judge of the Superior Court, one hundred thirty-one thousand eight hundred seventy-five dollars.

(3) On and after January 1, 2006, (A) the Chief Justice of the Supreme Court, one hundred sixty-six thousand four hundred eighty-nine dollars; (B) the Chief Court Administrator if a judge of the Supreme Court, Appellate Court or Superior Court, one hundred fifty-nine thousand nine hundred eighty-four dollars; (C) each associate judge of the Supreme Court, one hundred fifty-four thousand forty-seven dollars; (D) the Chief Judge of the Appellate Court, one hundred fifty-two thousand three hundred forty-three dollars; (E) each judge of the Appellate Court, one hundred forty-four thousand six hundred eighty dollars; (F) the Deputy Chief Court Administrator if a judge of the Superior Court, one hundred forty-two thousand forty-one dollars; (G) each judge of the Superior Court, one hundred thirty-nine thousand one hundred twenty-eight dollars.

(4) On and after January 1, 2007, (A) the Chief Justice of the Supreme Court, one hundred seventy-five thousand six hundred forty-five dollars; (B) the Chief Court Administrator if a judge of the Supreme Court, Appellate Court or Superior Court, one hundred sixty-eight thousand seven hundred eighty-three dollars; (C) each associate judge of the Supreme Court, one hundred sixty-two thousand five hundred twenty dollars; (D) the Chief Judge of the Appellate Court, one hundred sixty thousand seven hundred twenty-two dollars; (E) each judge of the Appellate Court, one hundred fifty-two thousand six hundred thirty-seven dollars; (F) the Deputy Chief Court Administrator if a judge of the Superior Court, one hundred forty-nine thousand eight hundred fifty-three dollars; (G) each judge of the Superior Court, one hundred forty-six thousand seven hundred eighty dollars.

Sec. 13. Section 52-259 of the general statutes, as amended by section 43 of public act 03-2 and section 102 of public act 03-278, is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

There shall be paid to the clerks for entering each appeal or writ of error to the Supreme Court, or entering each appeal to the Appellate Court, as the case may be, two hundred fifty dollars, and for each civil cause in the Superior Court, [two hundred twenty] two hundred twenty-five dollars, except (1) one hundred twenty dollars for entering each case in the Superior Court in which the sole claim for relief is damages and the amount, legal interest or property in demand is less than two thousand five hundred dollars and for summary process, landlord and tenant and paternity actions, and (2) there shall be no entry fee for making an application to the Superior Court for relief under section 46b-15, as amended, or for making an application to modify or extend an order issued pursuant to section 46b-15, as amended. If the amount, legal interest or property in demand by the plaintiff is alleged to be less than two thousand five hundred dollars, a new entry fee of seventy-five dollars shall be charged if the plaintiff amends his complaint to state that such demand is not less than two thousand five hundred dollars. The fee for the entry of a small claims case shall be thirty-five dollars. If a motion is filed to transfer a small claims case to the regular docket, the moving party shall pay a fee of seventy-five dollars. There shall be paid to the clerk of the Superior Court by any party who requests that a matter be designated as a complex litigation case the sum of two hundred fifty dollars, to be paid at the time the request is filed. There shall be paid to the clerk of the Superior Court by any party who requests a finding of fact by a judge of such court to be used on appeal the sum of twenty-five dollars, to be paid at the time the request is filed. There shall be paid to the clerk of the Superior Court a fee of seventy-five dollars for a petition for certification to the Supreme Court and Appellate Court. Such clerks shall also receive for receiving and filing an assessment of damages by appraisers of land taken for public use or the appointment of a commissioner of the Superior Court, two dollars; for recording the commission and oath of a notary public or certifying under seal to the official character of any magistrate, ten dollars; for certifying under seal, two dollars; for exemplifying, twenty dollars; for making all necessary records and certificates of naturalization, the fees allowed under the provisions of the United States statutes for such services; and for making copies, one dollar a page. There shall be paid to the clerk of the Superior Court for a copy of a judgment file a fee of twenty-five dollars, inclusive of the fees for certification and copying, for a certified copy and a fee of fifteen dollars, inclusive of the fee for copying, for a copy which is not certified; and for a copy of a certificate of judgment in a foreclosure action, as provided by the rules of practice and procedure, twenty-five dollars, inclusive of the fees for certification and copying. There shall be paid to the clerk of the court a fee of one hundred dollars at the time any application for a prejudgment remedy is filed. A fee of twenty dollars for any check issued to the court in payment of any fee which is returned as uncollectible by the bank on which it is drawn may be imposed. The tax imposed under chapter 219 shall not be imposed upon any fee charged under the provisions of this section.

Sec. 14. Subsection (a) of section 52-259a of the general statutes, as amended by section 44 of public act 03-2, is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(a) Any member of the Division of Criminal Justice or the Division of Public Defender Services, any employee of the Judicial Department, acting in the performance of such employee's duties, the Attorney General, an assistant attorney general, the Consumer Counsel, any attorney employed by the Office of Consumer Counsel within the Department of Public Utility Control, the Department of Revenue Services, the Commission on Human Rights and Opportunities, the Freedom of Information Commission, the Board of Labor Relations, the Office of Protection and Advocacy for Persons with Disabilities, the Office of the Victim Advocate or the Department of Social Services, or any attorney appointed by the court to assist any of them or to act for any of them in a special case or cases, while acting in such attorney's official capacity or in the capacity for which such attorney was appointed, shall not be required to pay the fees specified in sections 52-258, 52-259, as amended, and 52-259c, as amended, [and 52-259d,] subsection (a) of section 52-356a, as amended, subsection (a) of section 52-361a, as amended, section 52-367a, as amended, subsection (b) of section 52-367b, as amended, and subsection (n) of section 46b-231, as amended.

Sec. 15. Subsection (f) of section 52-434 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(f) Each judge trial referee shall receive, for acting as a referee or as a single auditor or committee of any court or for performing duties assigned by the Chief Court Administrator with the approval of the Chief Justice, in addition to the retirement salary, the sum of [two hundred] two hundred eleven dollars and expenses, including mileage, for each day a state referee is so engaged, said sums to be taxed by the court making the reference in the same manner as other court expenses.

Sec. 16. (NEW) (Effective July 1, 2004) Not later than thirty days after the close of the first quarter of the fiscal year ending June 30, 2005, and not later than thirty days after the close of each quarter thereafter, the Banking Commissioner shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, through the Office of Fiscal Analysis, containing the specific amount of each fee, charge, assessment, fine, civil penalty, settlement payment and other revenue collected by the Department of Banking during the quarter covered by the report.

Sec. 17. Section 43 of public act 04-216 is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

The sum of $ 1,250,000 appropriated to the Department of Correction, for the fiscal year ending June 30, 2004, for Personal Services, shall not lapse on June 30, 2004, and such funds shall be transferred to the appropriation to the department, for the fiscal year ending June 30, 2005, for Other Expenses, for mental health assessments of residents of the Northern Correctional Center and for plaintiff attorney fees.

Sec. 18. (Effective July 1, 2004) The sum of $ 10,000 is appropriated to the Department of Environmental Protection, from the General Fund, for the fiscal year ending June 30, 2005, for artesian well repairs at Salmon River State Park.

Sec. 19. Section 4-141 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

As used in this chapter: "Claim" means a petition for the payment or refund of money by the state or for permission to sue the state; "just claim" means a claim which in equity and justice the state should pay, provided the state has caused damage or injury or has received a benefit; "person" means any individual, firm, partnership, corporation, limited liability company, association or other group, including political subdivisions of the state; "state agency" includes every department, division, board, office, commission, arm, agency and institution of the state government, whatever its title or function; [,] and "state officers and employees" includes every person elected or appointed to or employed in any office, position or post in the state government, whatever such person's title, classification or function and whether such person serves with or without remuneration or compensation, including judges of probate courts and employees of such courts. In addition to the foregoing, "state officers and employees" includes attorneys appointed as victim compensation commissioners, attorneys appointed by the Public [Defenders] Defender Services Commission as public defenders, assistant public defenders or deputy assistant public defenders [,] and attorneys appointed by the court as special assistant public defenders, the Attorney General, the Deputy Attorney General and any associate attorney general or assistant attorney general, any other attorneys employed by any state agency, any commissioner of the Superior Court hearing small claims matters or acting as a fact-finder, arbitrator or magistrate or acting in any other quasi-judicial position, any person appointed to a committee established by law for the purpose of rendering services to the Judicial Department, including, but not limited to, the Legal Specialization Screening Committee, the State-Wide Grievance Committee, the Client Security Fund Committee, the advisory committee appointed pursuant to section 51-81d, as amended by this act, and the State Bar Examining Committee, any member of a multidisciplinary team established by the Commissioner of Children and Families pursuant to section 17a-106a, and any physicians or psychologists employed by any state agency. "State officers and employees" shall not include any medical or dental intern, resident or fellow of The University of Connecticut when (1) the intern, resident or fellow is assigned to a hospital affiliated with the university through an integrated residency program, and (2) such hospital provides protection against professional liability claims in an amount and manner equivalent to that provided by the hospital to its full-time physician employees.

Sec. 20. Section 4-165 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

No state officer or employee shall be personally liable for damage or injury, not wanton, reckless or malicious, caused in the discharge of his duties or within the scope of his employment. Any person having a complaint for such damage or injury shall present it as a claim against the state under the provisions of this chapter. For the purposes of this section, "scope of employment" shall include, but not be limited to, representation by an attorney appointed by the Public Defender Services Commission as a public defender, assistant public defender or deputy assistant public defender or an attorney appointed by the court as a special assistant public defender of an indigent accused or of a child on a petition of delinquency, representation by such other attorneys, referred to in section 4-141, as amended by this act, of state officers and employees [,] in actions brought against such officers and employees in their official and individual capacities, the discharge of duties as a trustee of the state employees retirement system, the discharge of duties of a commissioner of the Superior Court hearing small claims matters or acting as a fact-finder, arbitrator or magistrate or acting in any other quasi-judicial position, and the discharge of duties of a person appointed to a committee established by law for the purpose of rendering services to the Judicial Department, including, but not limited to, the Legal Specialization Screening Committee, the State-Wide Grievance Committee, the Client Security Fund Committee, the advisory committee appointed pursuant to section 51-81d, as amended by this act, and the State Bar Examining Committee; provided such actions arise out of the discharge of the duties or within the scope of employment of such officers or employees. For the purposes of this section, members or employees of the soil and water district boards established pursuant to section 22a-315 shall be considered state employees.

Sec. 21. Section 51-81d of the general statutes, as amended by section 176 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(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] the 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 State 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 shall be credited to the fund.

(c) The Client Security Fund shall be used 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 provided 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.

(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.

(f) All information given or received in connection with crisis intervention and referral assistance provided pursuant to this section, including the identity of any attorney seeking or receiving such crisis intervention and referral assistance, shall be confidential and shall not be disclosed to any third person other than a person to whom disclosure is reasonably necessary for the accomplishment of the purposes of such crisis intervention and referral assistance, and shall not be disclosed in any civil or criminal case or proceeding or in any legal or administrative proceeding, unless the attorney seeking or obtaining such crisis intervention and referral assistance waives such privilege or unless disclosure is otherwise required by law. Except as otherwise provided in this subsection, no attorney who provides crisis intervention and referral assistance pursuant to this section shall disclose any information given or received in connection with such crisis intervention and referral assistance unless such disclosure is required by the rules governing communications between attorney and client. Unless the privilege under this subsection has been waived or unless disclosure is otherwise required by law, no person in any civil or criminal case or proceeding or in any legal or administrative proceeding may request or require any information given or received in connection with the crisis intervention and referral assistance provided pursuant to this section.

Sec. 22. (NEW) (Effective October 1, 2004) No attorney appointed by the court pursuant to rules of the Superior Court to inventory the files of an inactive, suspended, disbarred or resigned attorney and to take necessary action to protect the interests of the inactive, suspended, disbarred or resigned attorney's clients shall be liable for damage or injury, not wanton, reckless or malicious, caused in the discharge of the appointed attorney's duties in connection with such inventory and action.

Sec. 23. (NEW) (Effective from passage, and applicable to assessment years commencing on or after October 1, 2002) (a) Notwithstanding the provisions of any general statute or any municipal charter, the assessors for the towns of Killingly and North Stonington shall, not later than thirty days after the effective date of this section, correct the October 1, 2002, and October 1, 2003, grand lists of said towns, to remove any real property that was subject to property taxation on or prior to October 1, 2002, by any town, village or similar taxing entity located in the state of Rhode Island. Said assessors shall issue a single certificate of correction for each such grand list that identifies each real property account subject to such removal, and which shall include a reference to the provisions of this section with respect to the reason for removal.

(b) If the property tax applicable to any real property account identified on a certificate of correction filed pursuant to subsection (a) of this section has not been levied or has not been paid, such tax shall be abated. If the property tax with respect to any such real property account has been paid, the town that received such payment shall, notwithstanding the provisions of section 12-129 of the general statutes refund to the taxpayer the amount of said tax payment together with any interest that may have been applied under the provisions of section 12-145 of the general statutes. Such refunds shall be issued not later than thirty days following the date on which such certificate of correction is filed on the appropriate grand list.

(c) The assessors for the towns of Killingly and North Stonington shall, not later than ten days after filing each certificate of correction, as required under subsection (a) of this section, send a notice in writing to the clerk of each district to whom a grand list for October 1, 2002, and October 1, 2003, was furnished, pursuant to section 7-328 of the general statutes. Such notice shall identify the real property accounts located in such district that have been removed from such town's October 1, 2002, and October 1, 2003, grand lists. The district clerk shall immediately file such notice on the appropriate grand list for the district. The filing of such notice shall serve to correct the grand list for such district by removing said real property accounts. If the property tax applicable to any such account identified on said notice has not been levied or has not been paid, such tax shall be abated. If the property tax levied by the district with respect to any account so identified has been paid, the district shall, notwithstanding the provisions of section 12-129 of the general statutes, refund to the taxpayer the amount of said tax together with any interest that may have been applied under the provisions of section 12-145 of the general statutes. Such refunds shall be issued not later than thirty days following the date on which such notice is filed on the appropriate grand list for such district.

(d) Notwithstanding the provisions of any general statute or any municipal charter, an assessor for any town that has a border that includes a boundary of the state of Rhode Island shall not include in the October 1, 2004, and October 1, 2005, grand list of such town any real property that was subject to property taxation on or prior to October 1, 2002, by any town, village or similar taxing entity located in the state of Rhode Island.

Sec. 24. Section 32-9s 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):

The state shall make an annual grant payment to each municipality, to each district, as defined in section 7-325, which is located in a distressed municipality, targeted investment community or enterprise zone and to each special services district created pursuant to chapter 105a which is located in a distressed municipality, targeted investment community or enterprise zone [(1)] in the amount of fifty per cent of the amount of that tax revenue which the municipality or district would have received except for the provisions of subdivisions (59), [and] (60) and (70) of section 12-81. [, and (2) in the amount of fifty per cent of the amount of the tax revenue which the municipality or district would have received except for the provisions of subdivision (70) of section 12-81. ] On or before the first day of August of each year, each municipality and district shall file a claim with the Secretary of the Office of Policy and Management for the amount of such grant payment to which such municipality or district is entitled under this section. The claim shall be made on forms prescribed by the secretary and shall be accompanied by such supporting information as the secretary may require. Any municipality or district which neglects to transmit to the secretary such claim and supporting documentation 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. The 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 the December first next succeeding the deadline for the receipt of such claims, certify to the Comptroller the amount due under this section, including any modification of such claim made prior to December first, to each municipality or district which has made a claim under the provisions of this section. The Comptroller shall draw an order on the Treasurer on or before the following December fifteenth, and the Treasurer shall pay the amount thereof to each such municipality or district on or before the following December thirty-first. 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 municipality or district has provided the amount of tax revenue in question, any adjustment to the amount due to any municipality or district for the period for which such modification was made shall be made in the next payment the Treasurer shall make to such municipality or district pursuant to this section. In the fiscal year commencing July 1, 2003, and in each fiscal year thereafter, the amount of the grant payable to each municipality and district in accordance with this section shall be reduced proportionately in the event that the total amount of the grants payable to all municipalities and districts exceeds the amount appropriated.

Sec. 25. (NEW) (Effective from passage) For calendar quarters commencing on or after July 1, 2004, any retailer with sales in more than one town in this state, for which sales such retailer files a return under chapter 219 of the general statutes, shall disaggregate the information in the return, in such form as may be prescribed by the Commissioner of Revenue Services, to indicate the town in which sales occurred for which tax was collected by such retailer and the amount of such tax collected, by town.

Sec. 26. Subdivision (2) of subsection (a) of section 12-458 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(2) On said date and coincident with the filing of such return each distributor shall pay to the commissioner for the account of the purchaser or consumer a tax (A) on each gallon of such fuels sold or used in this state during the preceding calendar month of twenty-six cents on and after January 1, 1992, twenty-eight cents on and after January 1, 1993, twenty-nine cents on and after July 1, 1993, thirty cents on and after January 1, 1994, thirty-one cents on and after July 1, 1994, thirty-two cents on and after January 1, 1995, thirty-three cents on and after July 1, 1995, thirty-four cents on and after October 1, 1995, thirty-five cents on and after January 1, 1996, thirty-six cents on and after April 1, 1996, thirty-seven cents on and after July 1, 1996, thirty-eight cents on and after October 1, 1996, thirty-nine cents on and after January 1, 1997, thirty-six cents on and after July 1, 1997, thirty-two cents on and after July 1, 1998, and twenty-five cents on and after July 1, 2000; and (B) in lieu of said taxes, each distributor shall pay a tax on each gallon of gasohol, as defined in section 14-1, sold or used in this state during such preceding calendar month, of twenty-five cents on and after January 1, 1992, twenty-seven cents on and after January 1, 1993, twenty-eight cents on and after July 1, 1993, twenty-nine cents on and after January 1, 1994, thirty cents on and after July 1, 1994, thirty-one cents on and after January 1, 1995, thirty-two cents on and after July 1, 1995, thirty-three cents on and after October 1, 1995, thirty-four cents on and after January 1, 1996, thirty-five cents on and after April 1, 1996, thirty-six cents on and after July 1, 1996, thirty-seven cents on and after October 1, 1996, thirty-eight cents on and after January 1, 1997, thirty-five cents on and after July 1, 1997, thirty-one cents on and after July 1, 1998, and twenty-four cents on and after July 1, 2000, and twenty-five cents on and after July 1, 2004; and (C) in lieu of such rate, on each gallon of diesel fuel, propane or natural gas sold or used in this state during such preceding calendar month, of eighteen cents on and after September 1, 1991, and twenty-six cents on and after August 1, 2002.

Sec. 27. (NEW) (Effective from passage) The Secretary of the Office of Policy and Management shall examine the policies and regulations relative to revaluation of property under section 12-62 of the general statutes, as amended by this act, and shall, on or before January 1, 2005, submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding regarding any findings or recommendations to clarify, or make more effective, such policies and regulations.

Sec. 28. Section 8-64a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

No housing authority which receives or has received any state financial assistance may sell, lease, transfer or destroy, or contract to sell, lease, transfer or destroy, any housing project or portion thereof in any case where such project or portion thereof would no longer be available for the purpose of low or moderate income rental housing as a result of such sale, lease, transfer or destruction, except the Commissioner of Economic and Community Development may grant written approval for the sale, lease, transfer or destruction of a housing project if the commissioner finds, after a public hearing, that (1) the sale, lease, transfer or destruction is in the best interest of the state and the municipality in which the project is located, (2) an adequate supply of low or moderate income rental housing exists in the municipality in which the project is located, (3) the housing authority has developed a plan for the sale, lease, transfer or destruction of such project in consultation with the residents of such project and representatives of the municipality in which such project is situated and has made adequate provision for said residents' and representatives' participation in such plan, and (4) any person who is displaced as a result of the sale, lease, transfer or destruction will be relocated to a comparable dwelling unit of public or subsidized housing in the same municipality or will receive a tenant-based rental subsidy and will receive relocation assistance under chapter 135. The commissioner shall consider the extent to which the housing units which are to be sold, leased, transferred or destroyed will be replaced in ways which may include, but need not be limited to, newly constructed housing, rehabilitation of housing which is abandoned or has been vacant for at least one year, or new federal, state or local tenant-based or project-based rental subsidies. The commissioner shall give the residents of the housing project or portion thereof which is to be sold, leased, transferred or destroyed written notice of said public hearing by first class mail not less than ninety days before the date of the hearing. Said written approval shall contain a statement of facts supporting the findings of the commissioner. This section shall not apply to the sale, lease, transfer or destruction of a housing project pursuant to the terms of any contract entered into before June 3, 1988. This section shall not apply to phase I of Father Panik Village in Bridgeport, Elm Haven in New Haven, [and] Pequonock Gardens Project in Bridgeport, Evergreen Apartments in Bridgeport, Quinnipiac Terrace/Riverview in New Haven, Dutch Point in Hartford, Southfield Village in Stamford and, upon approval by the United States Department of Housing and Urban Development of a HOPE VI revitalization application and a revitalization plan that includes at least the one-for-one replacement of low and moderate income units, Fairfield Court in Stamford.

Sec. 29. Section 31-284a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(a) Notwithstanding the provisions of sections 4a-19 and 4a-20 to the contrary, the Commissioner of Administrative Services shall solicit proposals from any management firm engaged in the business of administering workers' compensation claims, or from any authorized mutual insurance company or stock company or subsidiary thereof writing workers' compensation or employer's liability insurance in this state, for the purposes of administering the workers' compensation claims filed against the state, or of insuring the state's full liability under workers' compensation and administering such claims. [Said] The commissioner may, at [his] said commissioner's discretion, reject any or all of such proposals if they are deemed to be inadequate to effectively serve the needs of the state concerning workers' compensation. [Any funds appropriated in section 1 of special act 81-22* for workers' compensation payments by the state and administrative expenses for the state workers' compensation program shall be available and may be transferred with the approval of the Governor to meet the necessary expenses of contracting for such services. ]

(b) The Commissioner of Administrative Services shall adopt regulations, in accordance with the provisions of chapter 54, which establish the fees payable by this state for its employees under the provisions of this chapter, based on the medical procedure, combination of procedures or diagnosis of the patient, provided the fee schedule shall not apply to services rendered to a claimant who is participating in the state's managed care plan. The regulations shall limit annual growth in total medical fees payable by the state to no more than the annual percentage increase in the consumer price index for all urban workers. Said commissioner may exclude from participation in the state workers' compensation managed care program any medical provider found, through a systematic program of utilization review, to exceed generally accepted standards of the scope, duration or intensity of services rendered to patients with similar diagnostic characteristics. The state shall not make any payment to a facility owned in whole or in part by the referring practitioner.

(c) The Commissioner of Administrative Services shall have sole responsibility for establishing procedures for all executive branch agencies participating in the state of Connecticut workers' compensation program, except that all mandatory subjects of collective bargaining pertaining to modified or alternative duty shall continue to be governed by the provisions of chapter 68.

Sec. 30. Subsection (e) of section 210 of public act 03-6 of the June 30 special session is repealed and the following is substituted in lieu thereof (Effective from passage):

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

Sec. 31. (NEW) (Effective from passage) After completion of the courthouse which is to be constructed after the effective date of this section in the town of Torrington and commencing with the payment in lieu of taxes made under section 12-19a of the general statutes for such courthouse to the town of Torrington for the grand list year the courthouse was completed, such payment shall be divided between the towns of Torrington and Litchfield as follows:

(1) For the first year such payments are made until and including the seventh such year, fifty-five per cent of such payment shall be made to the town of Torrington and forty-five per cent of such payment shall be made to the town of Litchfield; and

(2) For the eighth such year until and including the fourteenth such year, sixty-five per cent of such payment shall be made to the town of Torrington and thirty-five per cent of such payment shall be made to the town of Litchfield.

Sec. 32. (NEW) (Effective from passage and applicable to assessment years commencing on or after October 1, 2003) (a) Notwithstanding any provision of the general statutes, any municipal charter, any special act or any home rule ordinance, any municipality required to effect a revaluation of real property under section 12-62 of the general statutes, as amended by this act, for the 2003, 2004 or 2005 assessment year shall not be required to effect a revaluation prior to the 2006 assessment year provided any decision not to implement a revaluation pursuant to this subsection shall be approved by the legislative body of such town or, in any town where the legislative body is a town meeting, by the board of selectmen. Any required revaluation subsequent to any delayed revaluation effected pursuant to this subsection shall be effected in accordance with the provisions of said section 12-62. The rate maker, as defined in section 12-131 of the general statutes, in any municipality that elects, pursuant to this subsection, not to implement a revaluation may prepare new rate bills under the provisions of chapter 204 of the general statutes in order to carry out the provisions of this section.

(b) The assessor or board of assessors of any municipality that elects, pursuant to subsection (a) of this section, not to implement a revaluation of real property for the 2003 assessment year shall prepare a revised grand list for said assessment year, which shall reflect the assessments of real estate according to the grand list in effect for the assessment year commencing October 1, 2002, subject only to transfers of ownership, additions for new construction and reductions for demolitions. Such assessor shall send notice of any increase in the valuation of real estate over the valuation of such real estate as of October 1, 2002, or notice of the valuation of any real estate which is on the grand list to be effective for the October 1, 2003, assessment year but was not on such list in the prior assessment year, to the last-known address of the person whose valuation is so affected, and such person shall have the right to appeal such increase or valuation during the next regular session of the board of assessment appeals at which real estate appeals may be heard.

Sec. 33. Subsections (a) and (b) of section 12-62 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2003, and applicable to assessment years commencing on or after October 1, 2003):

(a) (1) Commencing October 1, 1997, the assessor or board of assessors of each town shall revalue all of the real estate in their respective municipalities for assessment purposes in accordance with the provisions of subsection (b) of this section. The assessments derived from each such revaluation shall be used for the purpose of levying property taxes in such municipality in the assessment year in which such revaluation becomes effective and in each assessment year thereafter until the next succeeding revaluation in accordance with the provisions of subsection (b) of this section. In the performance of these duties, except in any municipality where there is a single assessor, at least two of the assessors shall act together and all valuations shall be separately approved by a majority of the assessors.

(2) The assessor or board of assessors of each town shall view by physical inspection all of the real estate in their respective municipalities for assessment purposes within the period of time provided in subdivision (3) of this subsection.

(3) An assessor shall have fulfilled the requirement to view by physical inspection if a physical inspection of a property has been made at any time from June 27, 1997, to October 1, 2009, inclusive, and thereafter, the assessor or board of assessors shall view by physical inspection each parcel of real estate no later than [twelve] ten years following the preceding inspection.

(b) [(1)] The assessor or board of assessors of each town shall revalue all of the real estate in their respective municipalities [in accordance with the schedule provided in this section. Nothing in this subsection shall be construed to prohibit a town from effecting more frequent revaluations between the implementation of each revaluation required in accordance with the provisions of this section.

   

Year of Next

Year of Subsequent

 

    Town/City

Revaluation

Revaluation

 

    Andover

    2001

2005

 

    Ansonia

    2002

2006

 

    Ashford

    2002

2006

 

    Avon

    1999

2003

 

    Barkhamsted

    1999

2003

 

    Beacon Falls

    2001

2005

 

    Berlin

    1997 or 1998

2002

 

    Bethany

    1999

2003

 

    Bethel

    1999

2003

 

    Bethlehem

    1999

2003

 

    Bloomfield

    2000

2004

 

    Bolton

    1999

2003

 

    Bozrah

    2001

2005

 

    Branford

    2000

2004

 

    Bridgeport

    1999

2003

 

    Bridgewater

    1999

2003

 

    Bristol

    1997 or 1998

2002

 

    Brookfield

    2001

2005

 

    Brooklyn

    2000

2004

 

    Burlington

    1999

2003

 

    Canaan

    1997 or 1998

2002

 

    Canterbury

    2000

2004

 

    Canton

    1999

2003

 

    Chaplin

    1999

2003

 

    Cheshire

    1999

2003

 

    Chester

    1999

2003

 

    Clinton

    2000

2004

 

    Colchester

    2001

2005

 

    Colebrook

    2000

2004

 

    Columbia

    2001

2005

 

    Cornwall

    2001

2005

 

    Coventry

    2000

2004

 

    Cromwell

    1999

2003

 

    Danbury

    1997 or 1998

2002

 

    Darien

    1999

2003

 

    Deep River

    2001

2005

 

    Derby

    2000

2004

 

    Durham

    2000

2004

 

    Eastford

    1997 or 1998

2002

 

    East Granby

    1999

2003

 

    East Haddam

    2002

2006

 

    East Hampton

    2000

2004

 

    East Hartford

    2001

2005

 

    East Haven

    2000

2004

 

    East Lyme

    2001

2005

 

    Easton

    2002

2006

 

    East Windsor

    2002

2006

 

    Ellington

    2000

2004

 

    Enfield

    2001

2005

 

    Essex

    1999

2003

 

    Fairfield

    2001

2005

 

    Farmington

    2002

2006

 

    Franklin

    1999

2003

 

    Glastonbury

    2002

2006

 

    Goshen

    1997 or 1998

2002

 

    Granby

    1997 or 1998

2002

 

    Greenwich

    2001

2005

 

    Griswold

    2001

2005

 

    Groton

    2001

2005

 

    Guilford

    2002

2006

 

    Haddam

    2001

2005

 

    Hamden

    2000

2004

 

    Hampton

    1999

2003

 

    Hartford

    1999

2003

 

    Hartland

    2001

2005

 

    Harwinton

    1999

2003

 

    Hebron

    2001

2005

 

    Kent

    1999

2003

 

    Killingly

    2002

2006

 

    Killingworth

    2001

2005

 

    Lebanon

    1999

2003

 

    Ledyard

    2001

2005

 

    Lisbon

    2001

2005

 

    Litchfield

    1999

2003

 

    Lyme

    1999

2003

 

    Madison

    2000

2004

 

    Manchester

    2000

2004

 

    Mansfield

    2000

2004

 

    Marlborough

    2001

2005

 

    Meriden

    2001

2005

 

    Middlebury

    2001

2005

 

    Middlefield

    2001

2005

 

    Middletown

    1997 or 1998

2002

 

    Milford

    2000

2004

 

    Monroe

    1999

2003

 

    Montville

    2001

2005

 

    Morris

    2000

2004

 

    Naugatuck

    1997 or 1998

2002

 

    New Britain

    2002

2006

 

    New Canaan

    1999

2003

 

    New Fairfield

    2000

2004

 

    New Hartford

    1999

2003

 

    New Haven

    2000

2004

 

    Newington

    2000

2004

 

    New London

    1999

2003

 

    New Milford

    2001

2005

 

    Newtown

    2002

2006

 

    Norfolk

    1999

2003

 

    North Branford

    2001

2005

 

    North Canaan

    1997 or 1998

2002

 

    North Haven

    2000

2004

 

    North Stonington

    2000

2004

 

    Norwalk

    1999

2003

 

    Norwich

    1999

2003

 

    Old Lyme

    2000

2004

 

    Old Saybrook

    1999

2003

 

    Orange

    2000

2004

 

    Oxford

    2000

2004

 

    Plainfield

    1997 or 1998

2002

 

    Plainville

    2000

2004

 

    Plymouth

    2001

2005

 

    Pomfret

    2000

2004

 

    Portland

    2001

2005

 

    Preston

    1997 or 1998

2002

 

    Prospect

    2000

2004

 

    Putnam

    1999

2003

 

    Redding

    1997 or 1998

2002

 

    Ridgefield

    1997 or 1998

2002

 

    Rocky Hill

    1999

2003

 

    Roxbury

    1997 or 1998

2002

 

    Salem

    2001

2005

 

    Salisbury

    2000

2004

 

    Scotland

    1999

2003

 

    Seymour

    2001

2005

 

    Sharon

    1999

2003

 

    Shelton

    2001

2005

 

    Sherman

    1999

2003

 

    Simsbury

    2002

2006

 

    Somers

    2002

2006

 

    Southbury

    1997 or 1998

2002

 

    Southington

    2001

2005

 

    South Windsor

    2002

2006

 

    Sprague

    2000

2004

 

    Stafford

    2000

2004

 

    Stamford

    2001

2005

 

    Sterling

    1997 or 1998

2002

 

    Stonington

    2002

2006

 

    Stratford

    2000

2004

 

    Suffield

    1999

2003

 

    Thomaston

    1999

2003

 

    Thompson

    2000

2004

 

    Tolland

    2000

2004

 

    Torrington

    1999

2003

 

    Trumbull

    2000

2004

 

    Union

    1999

2003

 

    Vernon

    2000

2004

 

    Voluntown

    2001

2005

 

    Wallingford

    2000

2004

 

    Warren

    1997 or 1998

2002

 

    Washington

    1999

2003

 

    Waterbury

    1997 or 1998

2002

 

    Waterford

    1997 or 1998

2002

 

    Watertown

    1999

2003

 

    Westbrook

    2001

2005

 

    West Hartford

    1999

2003

 

    West Haven

    2000

2004

 

    Weston

    1999

2003

 

    Westport

    1999

2003

 

    Wethersfield

    1999

2003

 

    Willington

    1999

2003

 

    Wilton

    2002

2006

 

    Winchester

    2002

2006

 

    Windham

    2001

2005

 

    Windsor

    1999

2003

 

    Windsor Locks

    1999

2003

 

    Wolcott

    2000

2004

 

    Woodbridge

    2000

2004

 

    Woodbury

    1999

2003

 

    Woodstock

    2000

2004

(2) For the assessment date four years following the date of the subsequent revaluation required under subdivision (1) of this subsection and every fourth year thereafter, the assessor or board of assessors shall revalue all of the real estate in their respective municipalities.

(3) Any municipality required to revalue all real property for assessment year 1997 or 1998, which revalued such real property for the assessment year 1996, shall not be required to revalue for assessment year 1997 or 1998 but shall be required to revalue all real property for assessment year 2002] not later than five years after the last revaluation conducted in each municipality, except as provided in section 32 of this act. In carrying out the provisions of this subsection, any municipality which last effected revaluation by statistical means shall effect its next revaluation by physical inspection provided in no case shall a physical inspection be required more than once every ten years. In carrying out the provisions of this subsection, any municipality which last effected revaluation by physical inspection may effect its next revaluation by statistical means.

Sec. 34. Subsection (g) of section 17b-239 of the general statutes, as amended by section 68 of public act 03-3 of the June 30 special session and section 3 of public act 04-258, is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(g) Effective June 1, 2001, the commissioner shall establish inpatient hospital rates in accordance with the method specified in regulations adopted pursuant to this section and applied for the rate period beginning October 1, 2000, except that the commissioner shall update each hospital's target amount per discharge to the actual allowable cost per discharge based upon the 1999 cost report filing multiplied by sixty-two and one-half per cent if such amount is higher than the target amount per discharge for the rate period beginning October 1, 2000, as adjusted for the ten per cent incentive identified in Section 4005 of Public Law 101-508. If a hospital's rate is increased pursuant to this subsection, the hospital shall not receive the ten per cent incentive identified in Section 4005 of Public Law 101-508. For rate periods beginning October 1, 2001, through [September 30, 2004] March 31, 2008, the commissioner shall not apply an annual adjustment factor to the target amount per discharge. Effective April 1, 2005, the revised target amount per discharge for each hospital with a target amount per discharge less than three thousand seven hundred fifty dollars shall be three thousand seven hundred fifty dollars. Effective April 1, 2006, the revised target amount per discharge for each hospital with a target amount per discharge less than four thousand dollars shall be four thousand dollars. Effective April 1, 2007, the revised target amount per discharge for each hospital with a target amount per discharge less than four thousand two hundred fifty dollars shall be four thousand two hundred fifty dollars.

Sec. 35. Subsection (b) of section 17b-688c of the general statutes, as amended by section 13 of public act 04-258, is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(b) In no event shall temporary family assistance be granted to an applicant for such assistance, who is not exempt from participation in the employment services program, prior to the applicant's attendance at an initial scheduled employment services assessment interview and participation in the development of an employment services plan. The Department of Social Services shall not [deny] delay temporary family assistance to an applicant in cases where the department schedules the initial employment services assessment interview more than ten business days after the date on which application for assistance is made, or in cases where the Labor Department does not complete an employment services plan for the benefit of the applicant within ten business days of the date on which the applicant attends an employment services assessment interview. The Commissioner of Social Services shall refer any applicant denied temporary family assistance, who may be in need of emergency benefits, to other services offered by the Department of Social Services or community services that may be available to such applicant. The Department of Social Services shall reduce the benefits awarded to a family under the temporary family assistance program when a member of the family who is required to participate in employment services fails to comply with an employment services requirement without good cause. The first instance of noncompliance with an employment services requirement shall result in a twenty-five per cent reduction of such benefits for three consecutive months. The second instance of noncompliance with such requirement shall result in a thirty-five per cent reduction of such benefits for three consecutive months. A third or subsequent instance of noncompliance with such requirement shall result in the termination of such benefits for three consecutive months. If only one member of a family is eligible for temporary family assistance and such member fails to comply with an employment services requirement, the department shall terminate all benefits of such family for three consecutive months. Notwithstanding the provisions of this subsection, the department shall terminate the benefits awarded to a family under the temporary family assistance program if a member of the family who is not exempt from the twenty-one-month time limit specified in subsection (a) of section 17b-112, as amended, fails, without good cause, to: (1) Attend any scheduled assessment appointment or interview relating to the establishment of an employment services plan, except that such individual's benefits shall be reinstated if the individual attends a subsequently scheduled appointment or interview within thirty days of the date on which the department has issued notification to the individual that benefits have been terminated, or (2) comply with an employment services requirement during a six-month extension of benefits. Any individual who fails to comply with the provisions of subdivision (1) of this subsection may submit a new application for such benefits at any time after termination of benefits.

Sec. 36. (Effective July 1, 2004) (a) The sum of $ 100,000 available for expenditure by the Department of Social Services from the TANF high performance bonus payments for welfare to work, for Emergency Shelters, shall be used for a grant to the Connecticut Association for United Spanish Action, Inc. (CAUSA).

(b) The sum of $ 50,000 available for expenditure by the Department of Social Services from the TANF high performance bonus payments for welfare to work, for Good News Garage, shall be used for a grant to the Connecticut Association for United Spanish Action, Inc. (CAUSA).

(c) The grants provided for in subsection (a) of this section shall be made during the fiscal year ending June 30, 2005.

Sec. 37. Section 46a-70 of the general statutes, as amended by public act 04-171, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) State officials and supervisory personnel shall recruit, appoint, assign, train, evaluate and promote state personnel on the basis of merit and qualifications, without regard for race, color, religious creed, sex, marital status, age, national origin, ancestry, mental retardation, mental disability, learning disability or physical disability, including but not limited to, blindness, unless it is shown by such state officials or supervisory personnel that such disability prevents performance of the work involved.

(b) All state agencies shall promulgate written directives to carry out this policy and to guarantee equal employment opportunities at all levels of state government. They shall regularly review their personnel practices to assure compliance.

(c) All state agencies shall conduct continuing orientation and training programs with emphasis on human relations and nondiscriminatory employment practices.

[(d) The name and address of, and any related identifying information concerning, a sexual harassment complainant in any internal sexual harassment investigation conducted by an affirmative action officer or other designated person on behalf of a state agency shall be confidential and shall be disclosed only upon order of the Superior Court, except the state agency (1) shall disclose the name of the sexual harassment complainant to the accused during the state agency's sexual harassment investigation, and (2) may disclose the name of the sexual harassment complainant to other persons participating in the state agency's sexual harassment investigation. For purposes of this subsection, "state agency" has the same meaning as "public agency" in section 1-200. ]

[(e)] (d) The Commissioner of Administrative Services shall insure that the entire examination process, including qualifications appraisal, is free from bias.

[(f)] (e) Appointing authorities shall exercise care to insure utilization of minority group persons.

Sec. 38. (NEW) (Effective July 1, 2004) At the request of the Commissioner of Social Services, the Secretary of the Office of Policy and Management is authorized to cancel any receivable that has resulted from an audit against a town, including any receivables associated with the prior general assistance program operated by towns. The secretary may direct the Commissioner of Social Services to estimate any potential receivables from future audits in the former general assistance programs operated by towns and authorize the commissioner to suspend any future audits. If the secretary authorizes the suspension of future audits in the program, the commissioner shall notify the towns of such suspension.

Sec. 39. (Effective from passage) (a) Notwithstanding any provision of the general statutes, no state employee shall be transferred to the Department of Information Technology, prior to October 1, 2004, for the purpose of the transformation or consolidation of the state's information technology services, except that an employee who was transferred prior to the effective date of this section and who is employed by said department on the effective date of this section shall not be subject to this section.

(b) During the fiscal year ending June 30, 2005, the Secretary of the Office of Policy and Management may transfer funds appropriated to the Department of Information Technology, for Personal Services, for said fiscal year, to the appropriation to other General Fund agencies, for Personal Services, for said fiscal year, in order to implement the provisions of subsection (a) of this section.

Sec. 40. (Effective July 1, 2004) (a) Up to $ 2. 5 million appropriated to the Office of Policy and Management, for Personal Services, in section 1 of public act 03-1 of the June 30 special session, shall not lapse June 30, 2004, and such funds shall be transferred to the Capital City Economic Development account, for the fiscal year ending June 30, 2005.

(b) The sum of $ 200,000 appropriated to the Office of Policy and Management, for Justice Assistance Grants, in section 1 of public act 03-1 of the June 30 special session, shall not lapse June 30, 2004, and such funds shall be transferred to the Capital City Economic Development account, for the fiscal year ending June 30, 2005.

Sec. 41. Subsection (f) of section 17b-274d of the general statutes, as amended by public act 04-258, is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(f) Except for mental-health-related drugs and antiretroviral drugs, [and medications used to treat diabetes, asthma or cancer,] reimbursement for a drug not included in the preferred drug list is subject to prior authorization.

Sec. 42. Subdivision (1) of subsection (a) of section 32-655 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(1) Acquire, by condemnation, gift, purchase, lease, lease-purchase, exchange or otherwise, the real property comprising the Adriaen's Landing site and the stadium facility site and such other real property determined to be necessary by the secretary for off-site infrastructure improvements related to the development of the Adriaen's Landing site or the stadium facility site or for temporary use for construction staging or replacement parking during the period of construction as contemplated by the master development plan, including the exchange of real property acquired by the secretary under authority of this chapter for other real property in circumstances where the secretary determines that such exchange will better conform site boundaries to final plans or otherwise facilitate the layout, development or financing of the public and private improvements contemplated by the master development plan.

Sec. 43. Subdivision (3) of subsection (a) of section 32-655 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(3) Lease or sublease, as lessor or lessee or sublessor or sublessee, convey, and grant temporary or permanent easements and rights-of-way and enter into access, support, common area maintenance and similar agreements with respect to, any real property in connection with the overall project and the on-site related private development, including leases or subleases, as lessor or lessee or sublessor or sublessee, of off-site real property in connection with site acquisition arrangements, on terms to be determined by the secretary;

Sec. 44. Section 25-33k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) For purposes of this section, "safe yield" means the maximum dependable quantity of water per unit of time that may flow or be pumped continuously from a source of supply during a critical dry period without consideration of available water limitations.

(b) No source of water supply shall be abandoned by a water company or other entity without a permit from the Commissioner of Public Health. A water company or other entity shall apply for such permit in the manner prescribed by the commissioner. Not later than thirty days before filing an application for such permit, the applicant shall notify the chief elected official of any municipality in which such source of supply is located. Not later than sixty days after receipt of such notification the municipality or municipalities receiving such notice and any water company as defined in section 25-32a may submit comments on such application to the commissioner. The commissioner shall take such comments into consideration when reviewing the application.

(c) (1) In [his] the commissioner's decision, the commissioner shall consider the water supply needs of the water company, the state and any comments submitted pursuant to subsection (b) of this section, and shall consult with the Commissioner of Environmental Protection, the Secretary of the Office of Policy and Management and the Department of Public Utility Control.

(2) The Commissioner of Public Health shall grant a permit upon a finding that [the source shall] any groundwater source with a safe yield of less than 0.75 millions of gallons per day, any reservoir with a safe yield of less than 0.75 millions of gallons per day, any reservoir system with a safe yield of less than 0.75 millions of gallons per day, or any individual source within a reservoir system when such system has a safe yield of less than 0.75 millions of gallons per day will not be needed by such water company for present or future water supply and, in the case of a water company required to file a water supply plan under section 25-32d, as amended, that such abandonment is consistent with a water supply plan filed and approved pursuant to said section. No permit shall be granted if the commissioner determines that the source would be necessary for water supply by the company owning such source in an emergency or the proposed abandonment would impair the ability of [the] such company to provide a pure, adequate and reliable water supply for present and projected future customers. As used in this section, a future source of water supply shall be considered to be any source of water supply necessary to serve areas reasonably expected to require service by the water company owning such source for a period of not more than fifty years after the date of the application for a permit under this section.

(3) The Commissioner of Public Health shall grant a permit upon a finding that any groundwater source with a safe yield of more than 0.75 millions of gallons per day, any reservoir with a safe yield of more than 0.75 millions of gallons per day, any reservoir system with a safe yield of more than 0.75 millions of gallons per day, or any individual source within a reservoir system when such system has a safe yield of more than 0.75 millions of gallons per day is of a size or condition that makes it unsuitable for present or future use as a drinking water supply by the water company, other entity or the state. In making a decision, the commissioner shall consider the general utility of the source and the viability for use to meet water supply needs. The commissioner shall consider any public water supply plans filed and approved pursuant to sections 25-32d, as amended, and 25-33h, and any other water system plan approved by the commissioner, and the efficient and effective development of public water supply in the state. In assessing the general utility of the source, the commissioner shall consider factors including, but not limited to, (1) the safe yield of the source; (2) the location of the source relative to other public water supply systems, (3) the water quality of the source and the potential for treatment, (4) water quality compatibility between systems and interconnections, (5) extent of water company-owned lands for source protection of the supply, (6) types of land uses and land use controls in the aquifer protection area or watershed and their potential impact on water quality of the source, and (7) physical limitations to water service, system hydraulics and topography.

Sec. 45. Subsection (d) of section 25-32 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(d) The commissioner may grant a permit for (1) the sale of class I or II land to another water company, to a state agency or to a municipality, [or] (2) the sale of class II land or the sale or assignment of a conservation restriction or a public access easement on class I or class II land to a private, nonprofit land-holding conservation organization, or (3) the sale of class I land to a private nonprofit land-holding conservation organization if the water company is denied a permit to abandon a source not in current use or needed by the water company pursuant to subsection (c) of section 25-33k, as amended by this act, if the purchasing entity agrees to maintain the land subject to the provisions of this section, any regulations adopted pursuant to this section and the terms of any permit issued pursuant to this section. Such purchasing entity or assignee may not sell, lease or assign any such land or conservation restriction or public access easement or sell, lease, assign or change the use of such land without obtaining a permit pursuant to this section.

Sec. 46. Section 83 of public at 03-1 of the June 30 special session is repealed and the following is substituted in lieu thereof (Effective from passage):

A holder of property subject to part III of chapter 32 and section 71, 73 and 74 of [this act] public act 03-1 of the June 30 special session may not impose on the property a dormancy charge or fee, abandoned property charge or fee, unclaimed property charge or fee, escheat charge or fee, inactivity charge or fee, or any similar charge, fee or penalty for inactivity with respect to the property. Neither the property nor an agreement with respect to the property may contain language suggesting that the property may be subject to such a charge, fee or penalty for inactivity. The provisions of this section shall not apply to property subject to subdivision (1), (2), (3) or (5) of subsection (a) of section 3-57a, as amended, provided a holder of any such property may not impose an escheat charge or fee with respect to such property.

Sec. 47. Subsection (j) of section 3-65a of the general statutes, as amended by section 76 of public act 03-1 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(j) Notwithstanding the provisions of subsection (b) of this section, the holder of personal property presumed abandoned pursuant to subdivision (5) of subsection (a) of section 3-57a, as amended, shall sell such property and pay the proceeds arising from such sale, excluding any charges that may lawfully be withheld, to the Treasurer. A holder of such property may contract with a third party to store and sell such property and to pay the proceeds arising from such sale, excluding any charges that may be lawfully withheld, to the Treasurer, provided the third party holds a surety bond or other form of insurance coverage with respect to such activities. Any holder who sells such property and remits the excess proceeds to the Treasurer or who transmits such property to a bonded or insured third party for such purposes, shall not be responsible for any claims related to the sale or transmission of the property or proceeds to the Treasurer. If the Treasurer exempts any such property from being remitted or sold pursuant to this subsection, whether by regulations or guidelines, the holder of such property may dispose of such property in any manner such holder deems appropriate and such holder shall not be responsible for any claims related to the disposition of such property or any claims to the property itself. For purposes of this subsection, charges that may lawfully be withheld include costs of storage, appraisal, advertising and sales commissions as well as lawful charges owing under the contract governing the safe deposit box rental.

Sec. 48. Section 12-20a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004, and applicable to assessment years commencing on or after October 1, 2004):

(a) On or before January first, annually, the Secretary of the Office of Policy and Management shall determine the amount due to each municipality in the state, in accordance with this section, as a state grant in lieu of taxes with respect to real property owned by any private nonprofit institution of higher [education] learning or any nonprofit general hospital facility or free standing chronic disease hospital or an urgent care facility that operates for at least twelve hours a day and that had been the location of a nonprofit general hospital for at least a portion of calendar year 1996 to receive payments in lieu of taxes for such property, exclusive of any such facility operated by the federal government, except a campus of the United States Department of Veterans Affairs Connecticut Healthcare Systems, or the state of Connecticut or any subdivision thereof. As used in this section "private nonprofit institution of higher [education] learning" means any such institution, as defined in subsection (a) of section 10a-34, or any independent college or university, as defined in section 10a-37, that is engaged primarily in education beyond the high school level, and offers courses of instruction for which college or university-level credit may be given or may be received by transfer, the property of which is exempt from property tax under any of the subdivisions of section 12-81, as amended by this act; "nonprofit general hospital facility" means any such facility which is used primarily for the purpose of general medical care and treatment, exclusive of any hospital facility used primarily for the care and treatment of special types of disease or physical or mental conditions; and "free standing chronic disease hospital" means a facility which provides for the care and treatment of chronic diseases, excluding any such facility having an ownership affiliation with and operated in the same location as a chronic and convalescent nursing home.

(b) The grant payable to any municipality under the provisions of this section in the state fiscal year commencing July 1, 1999, and in each fiscal year thereafter, shall be equal to seventy-seven per cent of the property taxes which, except for any exemption applicable to any such institution of higher education or general hospital facility under the provisions of section 12-81, as amended by this act, would have been paid with respect to such exempt real property on the assessment list in such municipality for the assessment date two years prior to the commencement of the state fiscal year in which such grant is payable. 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.

(c) Notwithstanding the provisions of subsection (b) of this section, the amount of the grant payable to any municipality under the provisions of this section with respect to a campus of the United States Department of Veterans Affairs Connecticut Healthcare Systems shall be as follows: (1) For the fiscal year ending June 30, 2007, twenty per cent of the amount payable in accordance with said subsection (b); (2) for the fiscal year ending June 30, 2008, forty per cent of such amount; (3) for the fiscal year ending June 30, 2009, sixty per cent of such amount; (4) for the fiscal year ending June 30, 2010, eighty per cent of such amount; (5) for the fiscal year ending June 30, 2011, and each fiscal year thereafter, one hundred per cent of such amount.

[(c)] (d) As used in this section and section 12-20b, as amended by this act, the word "municipality" means any town, consolidated town and city, consolidated town and borough, borough, district, as defined in section 7-324, and any city not consolidated with a town.

Sec. 49. Subdivision (3) of section 34 of public act 03-6 of the June 30 special session is repealed and the following is substituted in lieu thereof (Effective from passage):

(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 subsection (d) of section 35 of [this act] public act 03-6 of the June 30 special session, as amended by this act, as such plan may be amended from time to time.

Sec. 50. Subsection (a) of section 22a-208a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) The Commissioner of Environmental Protection may issue, deny, modify, renew, suspend, revoke or transfer a permit, under such conditions as he may prescribe and upon submission of such information as he may require, for the construction, alteration and operation of solid waste facilities, in accordance with the provisions of this chapter and regulations adopted pursuant to this chapter. Notwithstanding the provisions of this section, the commissioner shall not issue (1) a permit for a solid waste land disposal facility on former railroad property until July 1, 1989, unless the commissioner makes a written determination that such facility is necessary to meet the solid waste disposal needs of the state and will not result in a substantial excess capacity of solid waste land disposal areas or disrupt the orderly transportation of or disposal of solid waste in the area affected by the facility, or (2) an operational permit for a resources recovery facility unless the applicant has submitted a plan pursuant to section 22a-208g for the disposal or recycling of ash residue expected to be generated at the facility in the first five years of operation. In making a decision to grant or deny a permit to construct a solid waste land disposal facility, including a vertical or horizontal landfill expansion, the commissioner shall consider the character of the neighborhood in which such facility is located and may impose requirements for hours and routes of truck traffic, security and fencing and for measures to prevent the blowing of dust and debris and to minimize insects, rodents and odors. In making a decision to grant or deny a permit to construct or operate a new transfer station, the commissioner shall consider whether such transfer station will result in disproportionately high adverse human health or environmental effects. The commissioner shall not authorize under a general permit or issue an individual permit under this section to establish or construct a new volume reduction plant or transfer station located, or proposed to be located, within one-quarter mile of a child day care center, as defined in subdivision (1) of subsection (a) of section 19a-77, as amended, in a municipality with a population greater than one hundred thousand persons provided such center is operating as of July 8, 1997. The commissioner may modify or renew a permit for an existing volume reduction plant or transfer station, in accordance with the provisions of this chapter, without regard to its location. In making a decision to grant or deny a permit to construct an ash residue disposal area, the commissioner shall consider any provision which the applicant shall make for a double liner, a leachate collection or detection system and the cost of transportation and disposal of ash residue at the site under consideration.

Sec. 51. (NEW) (Effective from passage) The Secretary of the Office of Policy and Management and the Capital City Economic Development Authority may enter into a memorandum of understanding with the Connecticut Center for Science and Exploration that provides that the secretary and the authority may provide financial management and construction management services assistance for the science center.

Sec. 52. Subsection (d) of section 42a-9-109 of the general statutes, as amended by section 3 of public act 03-62, is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any pledge, lien or security interest of this state or any political subdivision of this state, which pledge, lien or interest was in existence on October 1, 2003, and applicable to any such pledge, lien or interest created after October 1, 2003):

(d) This article does not apply to:

(1) A landlord's lien, other than an agricultural lien;

(2) A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but section 42a-9-333 applies with respect to priority of the lien;

(3) An assignment of a claim for wages, salary or other compensation of an employee;

(4) A sale of accounts, chattel paper, payment intangibles or promissory notes as part of a sale of the business out of which they arose;

(5) An assignment of accounts, chattel paper, payment intangibles or promissory notes which is for the purpose of collection only;

(6) An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;

(7) An assignment of a single account, payment intangible or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;

(8) A transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or to a health-care provider of a health-care-insurance receivable and any subsequent assignment of the right to payment, but sections 42a-9-315 and 42a-9-322 apply with respect to proceeds and priorities in proceeds;

(9) An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;

(10) A right of recoupment or set-off, but:

(A) Section 42a-9-340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and

(B) Section 42a-9-404 applies with respect to defenses or claims of an account debtor;

(11) The creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, except to the extent that provision is made for:

(A) Liens on real property in sections 42a-9-203 and 42a-9-308;

(B) Fixtures in section 42a-9-334;

(C) Fixture filings in sections 42a-9-501, as amended, 42a-9-502, 42a-9-512, as amended, 42a-9-516 and 42a-9-519, as amended; and

(D) Security agreements covering personal and real property in section 42a-9-604;

(12) An assignment of a claim arising in tort, other than a commercial tort claim, but sections 42a-9-315 and 42a-9-322 apply with respect to proceeds and priorities in proceeds;

(13) An assignment of a deposit account in a consumer transaction, but sections 42a-9-315 and 42a-9-322 apply with respect to proceeds and priorities in proceeds;

(14) A pledge or other lien by this state or a government subdivision or agency of this state in existence on or after October 1, 2003, in connection with a bond or note issue of this state or of a government subdivision or agency of this state, which pledge or other lien is governed by a statute of this state that (A) provides for the creation of a pledge or other lien by this state or a government subdivision or agency of this state in connection with any bond or note issued by this state or a government subdivision or agency of this state, and (B) expressly states that such pledge or lien shall be valid and binding as against other parties;

[(14)] (15) An assignment of workers' compensation benefits governed by section 31-320; or

[(15)] (16) A security interest in a deposit account that is a payroll account or a trust account and which is titled or otherwise clearly identifiable as such an account, except that this article does apply to a security interest in (A) such an account if another statute of this state expressly so provides, or (B) a deposit account of a debtor that is a statutory trust formed or a foreign statutory trust registered under chapter 615, provided such deposit account is not a payroll account or a trust account which is titled or otherwise clearly identifiable as such an account.

Sec. 53. Subsection (d) of section 10a-185 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any pledge, lien or security interest of this state or any political subdivision of this state, which pledge, lien or interest was in existence on October 1, 2003, and applicable to any such pledge, lien or interest created after October 1, 2003):

(d) Any resolution or resolutions authorizing any bonds or any issue of bonds may contain provisions, which shall be a part of the contract with the holders of the bonds to be authorized, as to: (1) Pledging the full faith and credit of the authority, the full faith and credit of a participating institution for higher education, a participating health care institution, a participating corporation or of a participating nursing home, all or any part of the revenues of a project or any revenue-producing contract or contracts made by the authority with any individual, partnership, corporation or association or other body, public or private, any federally guaranteed security and moneys received therefrom purchased with bond proceeds or any other property, revenues, funds or legally available moneys to secure the payment of the bonds or of any particular issue of bonds, subject to such agreements with bondholders as may then exist; (2) the rentals, fees and other charges to be charged, and the amounts to be raised in each year thereby, and the use and disposition of the revenues; (3) the setting aside of reserves or sinking funds, and the regulation and disposition thereof; (4) limitations on the right of the authority or its agent to restrict and regulate the use of the project; (5) the purpose and limitations to which the proceeds of sale of any issue of bonds then or thereafter to be issued may be applied, including as authorized purposes, all costs and expenses necessary or incidental to the issuance of bonds, to the acquisition of or commitment to acquire any federally guaranteed security and to the issuance and obtaining of any federally insured mortgage note, and pledging such proceeds to secure the payment of the bonds or any issue of the bonds; (6) limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured and the refunding of outstanding bonds; (7) the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given; (8) limitations on the amount of moneys derived from the project to be expended for operating, administrative or other expenses of the authority; (9) defining the acts or omissions to act which shall constitute a default in the duties of the authority to holders of its obligations and providing the rights and remedies of such holders in the event of a default, and (10) the mortgaging of a project and the site thereof for the purpose of securing the bondholders.

Sec. 54. Section 10a-186 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any pledge, lien or security interest of this state or any political subdivision of this state, which pledge, lien or interest was in existence on October 1, 2003, and applicable to any such pledge, lien or interest created after October 1, 2003):

In the discretion of the authority any bonds issued under the provisions of this chapter may be secured by a trust agreement by and between the authority and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust agreement or the resolution providing for the issuance of such bonds [may] or other instrument of the authority may secure such bonds by a pledge or [assign the] assignment of any revenues to be received, any contract or proceeds of any contract, [or contracts pledged and may convey or mortgage the project or any portion thereof] or any other property, revenues, moneys or funds available to the authority for such purpose. Any pledge made by the authority pursuant to this section shall be valid and binding from the time when the pledge is made. The lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether the parties have notice of the claims. Notwithstanding any provision of the Uniform Commercial Code, no instrument by which such pledge is created need be recorded or filed. Any revenues or other receipts, funds, moneys, income, contracts or property so pledged and thereafter received by the authority shall be subject immediately to the lien of the pledge without any physical delivery thereof or further act and such lien shall have priority over all other liens. Such trust agreement or other instrument may mortgage, assign or convey any real property to secure such bonds. Such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including particularly such provisions as have hereinabove been specifically authorized to be included in any resolution or resolutions of the authority authorizing bonds thereof. Any bank or trust company incorporated under the laws of this state which may act as depositary of the proceeds of bonds or of revenues or other moneys may furnish such indemnifying bonds or pledge such securities as may be required by the authority. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee or trustees, and may restrict the individual right of action by bondholders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust agreement or resolution may be treated as a part of the cost of the operation of a project.

Sec. 55. Subsection (i) of section 32-607 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any pledge, lien or security interest of this state or any political subdivision of this state, which pledge, lien or interest was in existence on October 1, 2003, and applicable to any such pledge, lien or interest created after October 1, 2003):

(i) Any pledge made by the authority of income, revenues, state contract assistance provided under section 32-608, or other property shall be valid and binding from the time the pledge is made. [, and shall constitute a pledge within the meaning and for all purposes of title 42a. ] The income, revenue, state contract assistance, such state taxes as the authority shall be entitled to receive or other property so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice thereof.

Sec. 56. Subsection (i) of section 32-206 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any pledge, lien or security interest of this state or any political subdivision of this state, which pledge, lien or interest was in existence on October 1, 2003, and applicable to any such pledge, lien or interest created after October 1, 2003):

(i) Any pledge made by the authority of income, revenues, state contract assistance as herein provided and such state taxes as the authority shall be entitled to receive pursuant to the provisions hereof, or other property shall be valid and binding from the time the pledge is made. [, and shall constitute a pledge within the meaning and for all purposes of title 42a. ] The income, revenue, state contract assistance as provided in sections 32-200 to 32-212, inclusive, and such state taxes as the authority shall be entitled to receive pursuant to the provisions of said sections, or other property so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice thereof.

Sec. 57. Subsection (a) of section 10a-109h of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any pledge, lien or security interest of this state or any political subdivision of this state, which pledge, lien or interest was in existence on October 1, 2003, and applicable to any such pledge, lien or interest created after October 1, 2003):

(a) Any pledge made by the university pursuant to section 10a-109g is and shall be deemed a statutory lien. [and, except as expressly provided in this section, is governed by article 9 of title 42a. ] Such lien shall be valid and binding from the time when the pledge is made. The lien of any pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the university, irrespective of whether the parties have notice of the claims. Notwithstanding any provision of the Uniform Commercial Code to the contrary, neither sections 10a-109a to 10a-109y, inclusive, the indenture or resolution, nor any other instrument by which a pledge is created need be recorded. Any revenues or other receipts, funds, moneys, personal property of fixtures so pledged and thereafter received by the university shall be subject immediately to the lien of the pledge without any physical delivery thereof or further act and such lien shall have priority over all other liens, including without limitation the liens of persons who, in the ordinary course of business, furnish services or materials in respect of such assets.

Sec. 58. Subsection (e) of section 22a-483 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any pledge, lien or security interest of this state or any political subdivision of this state, which pledge, lien or interest was in existence on October 1, 2003, and applicable to any such pledge, lien or interest created after October 1, 2003):

(e) Any pledge made by the state pursuant to sections 22a-475 to 22a-483, inclusive, is a statutory pledge [within the meaning and for all purposes of title 42a] and shall be valid and binding from the time when the pledge is made, and any revenues or other receipts, funds or moneys so pledged and thereafter received by the state shall be subject immediately to the lien of such pledge without any physical delivery thereof or further act. The lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the state, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded. Any pledge made by the state pursuant to sections 22a-475 to 22a-483, inclusive, to secure revenue bonds issued to finance eligible water quality projects shall secure only revenue bonds issued for such purpose and any such pledge made by the state to secure revenue bonds issued to finance eligible drinking water projects shall secure only revenue bonds issued for such purpose.

Sec. 59. Subsection (a) of section 10a-224 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any pledge, lien or security interest of this state or any political subdivision of this state, which pledge, lien or interest was in existence on October 1, 2003, and applicable to any such pledge, lien or interest created after October 1, 2003):

(a) There is created a body politic and corporate to be known as the "Connecticut Higher Education Supplemental Loan Authority". The authority is constituted a public instrumentality and political subdivision of the state and the exercise by the authority of the powers conferred by this chapter shall be deemed and held to be the performance of an essential public and governmental function. The powers of the authority shall be vested in and exercised by a board of directors which shall consist of eight members, one of whom shall be the State Treasurer, one of whom shall be the Secretary of the Office of Policy and Management and one of whom shall be the Commissioner of Higher Education, each serving ex officio, and five of whom shall be residents of the state appointed by the Governor, not more than three of such appointed members to be members of the same political party. Three of the appointed members shall be active or retired trustees, directors, officers or employees of Connecticut institutions for higher education, of whom not more than one shall be from a constituent unit of the state system of higher education. At least one of the appointed members shall be a person having a favorable reputation for skill, knowledge and experience in the higher education loan finance field, and at least one of such appointed members shall be a person having a favorable reputation for skill, knowledge and experience in state and municipal finance, either as a partner, officer or employee of an investment banking firm which originates and purchases state and municipal securities, or as an officer or employee of an insurance company or bank whose duties relate to the purchase of state and municipal securities as an investment and to the management and control of a state and municipal securities portfolio. Of the three members first appointed who are trustees, directors, officers or employees of Connecticut institutions for higher education, one shall serve until July 1, 1986, one shall serve until July 1, 1987, and one shall serve until July 1, 1988. Of the three remaining members first appointed, one shall serve until July 1, 1983, one shall serve until July 1, 1984, and one shall serve until July 1, 1985. On or before the first day of July, annually, the Governor shall appoint a member or members to succeed those whose terms expire, each for a term of six years and until his successor is appointed and has qualified. The Governor shall fill any vacancy for the unexpired term. A member of the board shall be eligible for reappointment. Any member of the board may be removed by the Governor for misfeasance, malfeasance or wilful neglect of duty. Each member of the board before entering upon his or her duties shall take and subscribe the oath or affirmation required by section 1 of article eleventh of the State Constitution. A record of each such oath shall be filed in the office of the Secretary of the State. The State Treasurer, the Secretary of the Office of Policy and Management and the Commissioner of Higher Education may each designate a deputy or any staff member to represent him as a member at meetings of the board with full power to act and vote on his behalf.

Sec. 60. Subsection (b) of section 10a-230 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any pledge, lien or security interest of this state or any political subdivision of this state, which pledge, lien or interest was in existence on October 1, 2003, and applicable to any such pledge, lien or interest created after October 1, 2003):

(b) The revenue bonds and notes of every issue shall be payable solely out of the revenues of the authority pertaining to the program relating to such bonds or notes including principal and interest on authority loans and education loans, and any other revenues derived from or in connection with any other authority loans and education loans, payments by participating institutions for higher education, banks, guarantors, insurance companies or others pursuant to letters of credit or purchase agreements, investment earnings from funds or accounts maintained pursuant to the bond resolution, insurance proceeds, loan funding deposits, proceeds of sales of education loans, proceeds of refunding bonds and fees, charges and other revenues, funds and other assets of the authority [from such program] but subject only to any agreements with the holders of particular revenue bonds or notes pledging any particular revenues and subject to any agreements with any participating institution for higher education.

Sec. 61. Subsection (d) of section 10a-230 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any pledge, lien or security interest of this state or any political subdivision of this state, which pledge, lien or interest was in existence on October 1, 2003, and applicable to any such pledge, lien or interest created after October 1, 2003):

(d) Any resolution or resolutions authorizing any revenue bonds or any issue of revenue bonds may contain provisions, which shall be a part of the contract with the holders of the revenue bonds to be authorized, as to: (1) Pledging all or any part of the revenues, [derived from] funds or other assets of the authority, including, but not limited to, the authority loans and education loans [with respect to which] to secure such bonds or notes; [are to be issued; ] (2) pledging all or any part of the revenues paid to the authority by any guarantor or insurance company; (3) pledging any revenue producing contract or contracts made by the authority with any individual, partnership, corporation or association or other body, public or private, or any federally guaranteed security and moneys received or receivable therefrom whether such security is acquired by the authority or a participating institution for higher education to secure the payment of the revenue bonds or notes or of any particular issue of revenue bonds or notes, subject to such agreements with bondholders or noteholders as may then exist; (4) the fees and other amounts to be charged, and the sums to be raised in each year thereby, and the use, investment and disposition of such sums; (5) the establishment and setting aside of reserves or sinking funds, the setting aside of loan funding deposits, capitalized interest accounts, and cost of issuance accounts, and the regulation and disposition thereof; (6) limitations on the use of the education loans; (7) limitations on the purpose to which the proceeds of the sale of any issue of revenue bonds or notes then or thereafter to be issued may be applied, including as authorized purposes, all costs and expenses necessary or incidental to the issuance of bonds, to the acquisition of or commitment to acquire any federally guaranteed security and pledging such proceeds to secure the payment of the revenue bonds, notes or any issue of the revenue bonds or notes; (8) limitations on the issuance of additional bonds or notes, the terms upon which additional bonds or notes may be issued and secured and the terms on which additional bonds or notes rank on a parity with, or be subordinate or superior to, other bonds or notes; (9) the refunding of outstanding bonds or notes; (10) the procedure, if any, by which the terms of any contract with bondholders or noteholders may be amended or abrogated, the amount of bonds or notes the holders of which must consent thereto, and the manner in which such consent may be given; (11) limitations on the amount of moneys derived from the educational program to be expended for operating, administrative or other expenses of the authority; (12) defining the acts or omissions to act which shall constitute a default in the duties of the authority to holders of its obligations and providing the rights and remedies of such holders in the event of default; (13) the duties, obligations and liabilities of any trustee or paying agent; (14) providing for guarantees, pledges of endowments, letters of credit, property or other security for the benefit of the holders of such bonds or notes; and (15) any other matters relating to the bonds or notes which the authority deems desirable.

Sec. 62. Section 10a-233 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any pledge, lien or security interest of this state or any political subdivision of this state, which pledge, lien or interest was in existence on October 1, 2003, and applicable to any such pledge, lien or interest created after October 1, 2003):

The authority shall fix, revise, charge and collect fees and is empowered to contract with any person, partnership, association or corporation, or other body, public or private, in respect thereof. Each agreement entered into by the authority with a participating institution or institutions for higher education shall provide that the fees and other amounts payable by said institution or institutions with respect to any program or programs of the authority shall be sufficient at all times, (1) to pay its or their share of the administrative costs and expenses of such program, (2) to pay the principal of, the premium, if any, and the interest on outstanding bonds or notes of the authority issued with respect to such program to the extent that other revenues of the authority pledged for the payment of the bonds or notes are insufficient to pay the bonds or notes as they become due and payable, (3) to create and maintain reserves which may but need not be required or provided for in the bond resolution relating to such bonds or notes of the authority, and (4) to establish and maintain whatever education loan servicing, control, or audit procedures are deemed to be necessary to the operations of the authority. The authority [shall] may pledge all or any part of the revenues, [from each program,] funds, contracts or other assets of the authority, as described in [subsection (b)] subsections (b) and (d) of section 10a-230, as security for [the] any issue of bonds or notes. [relating to such program] Such pledge shall be valid and binding from the time when the pledge is made; the revenues, funds, contracts or other assets so pledged by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the authority or any participating institution for higher education, irrespective of whether such parties have notice thereof. [Neither] Such lien shall have priority over all other liens, including, without limitation, the lien of any person who in the ordinary course of business furnishes services or materials to the authority. Notwithstanding any provisions of the Uniform Commercial Code, neither the bond resolution nor any financing statement, continuation statement or other instrument by which a pledge or security interest is created or by which the authority's interest in revenues, funds, contracts or other assets is assigned need be filed in any public records in order to perfect the security interest or lien thereof as against third parties. [except in the records of the authority. The authority may elect, notwithstanding the exclusions provided in subdivision (14) of subsection (d) of section 42a-9-109, to have the provisions of the Connecticut Uniform Commercial Code apply to any pledge made by or to the authority to secure its bonds or notes by filing a financing statement with respect to the security interest created by the pledge. ] The use and disposition of moneys to the credit of such sinking or other similar fund shall be subject to the provisions of the resolution authorizing the issuance of such bonds or notes or of such trust agreement. Except as may otherwise be provided in such resolution, or such trust agreement, such sinking or other similar fund shall be a fund for all such revenue bonds or notes issued to finance an educational program or programs at one or more participating institutions for higher education, without distinction or priority of one over another; provided, the authority in any such resolution or trust agreement may provide that such sinking or other similar fund shall be the fund for a particular educational program or programs at a participating institution or institutions for higher education and for the revenue bonds or notes issued to finance a particular education program or programs and may, additionally, permit and provide for the issuance of revenue bonds or notes having a subordinate lien in respect of the security herein authorized to other revenue bonds or notes of the authority and, in such case, the authority may create separate or other similar funds in respect of such subordinate lien bonds or notes.

Sec. 63. Subsection (d) of section 10a-237 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any pledge, lien or security interest of this state or any political subdivision of this state, which pledge, lien or interest was in existence on October 1, 2003, and applicable to any such pledge, lien or interest created after October 1, 2003):

(d) The portion of the proceeds of any such revenue bonds or notes issued for the additional purpose of making additional authority loans may be invested and reinvested in direct obligations of, or unconditionally guaranteed by, the United States, and certificates of deposit or time deposits secured by direct obligations of, or unconditionally guaranteed by, the United States, or obligations of a state, territory or possession of the United States, or any political subdivision of any such state, territory or possession, or of the District of Columbia, within the meaning of Section 103(a) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, the full and timely payment of the principal of and interest on which are secured by an irrevocable deposit of direct obligations of the United States or which, if the outstanding bonds are then rated by a nationally recognized rating agency, are rated in the highest rating category by such rating agency, maturing not later than the time or times when such proceeds will be needed for the purpose of paying all or any part of such cost and any other investment described in section 10a-238, as amended by this act. The interest, income and profits, if any, earned or realized on such investment may be applied to the payment of all or any part of such cost or may be used by the authority in any lawful manner.

Sec. 64. Section 10a-238 of the general statutes, as amended by section 11 of public act 03-84, is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any pledge, lien or security interest of this state or any political subdivision of this state, which pledge, lien or interest was in existence on October 1, 2003, and applicable to any such pledge, lien or interest created after October 1, 2003):

Except as otherwise provided in subsection (c) of section 10a-237, the authority may invest any funds in (1) direct obligations of the United States or the state of Connecticut, (2) obligations as to which the timely payment of principal and interest is fully guaranteed by the United States or the state of Connecticut, [including] and Connecticut's Short-Term Investment Fund, (3) obligations of the United States Export-Import Bank, Farmers Home Administration, Federal Financing Bank, Federal Housing Administration, General Services Administration, United States Maritime Administration, United States Department of Housing and Urban Development, Farm Credit System, Resolution Funding Corporation, federal intermediate credit banks, federal banks for cooperatives, federal land bank, federal home loan banks, Federal National Mortgage Association, Government National Mortgage Association and the Student Loan Marketing Association, (4) certificates of deposit or time deposits constituting direct obligations of any bank in the state, provided that investments may be made only in those certificates of deposit or time deposits in banks which are insured by the Federal Deposit Insurance Corporation if then in existence, (5) withdrawable capital accounts or deposits of federal chartered savings and loan associations which are insured by the Federal Savings and Loan Insurance Corporation, (6) other obligations which are legal investments for savings banks in the state, (7) investment agreements with financial institutions whose long-term obligations are rated within the top two rating categories of any nationally recognized rating service or of any rating service recognized by the Banking Commissioner or whose short-term obligations are rated within the top two rating categories of any nationally recognized rating service or of any rating service recognized by the Banking Commissioner, or investment agreements fully secured by obligations of, or guaranteed by, the United States or agencies or instrumentalities of the United States, and (8) securities or obligations which are legal investments for savings banks in Connecticut, subject to repurchase agreements in the manner in which such agreements are negotiated in sales of securities in the market place, provided the authority shall not enter into any such agreement with any securities dealer or bank acting as a securities dealer unless such dealer or bank is included in the list of primary dealers, as prepared by the Federal Reserve Bank of New York, effective at the time of the agreement. Any such securities may be purchased at the offering or market price thereof at the time of such purchase. All such securities so purchased shall mature or be redeemable on a date or dates prior to the time when, in the judgment of the authority, the funds so invested will be required for expenditure. The express judgment of the authority as to the time when any funds shall be required for expenditure or be redeemable is final and conclusive.

Sec. 65. Subsection (i) of section 10a-204b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any pledge, lien or security interest of the corporation, which pledge, lien or interest was in existence on October 1, 2003, and applicable to any such pledge, lien or interest created after October 1, 2003):

(i) Any pledge made by the corporation of income, revenues or other property to secure bonds, notes or other obligations of the corporation shall be valid and binding from the time the pledge is made. The income, revenue or other property so pledged and thereafter received by or on behalf of the corporation shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the corporation, irrespective of whether such parties have notice thereof. Any such lien shall have priority over all other liens, including, without limitation, the lien of any person who in the ordinary course of business furnishes services or materials to the corporation. Any provision of law to the contrary notwithstanding, neither possession nor the filing of any financing or continuation statement or other instrument shall be necessary with respect to any such income, revenues or other property to establish or evidence the lien of any such pledge with respect thereto. Neither this section, nor any resolution authorizing bonds, notes or other obligations, nor any trust agreement nor any other instrument by which such a pledge is created need be recorded. Any pledge or lien described by this subsection shall be conclusively deemed to be a pledge or lien described by subdivision (14) of subsection (d) of section 42a-9-109, as amended by this act, notwithstanding that the corporation is neither a political subdivision nor an agency of the state.

Sec. 66. Subsection (c) of section 22a-516 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any pledge, lien or security interest of this state or any political subdivision of this state, which pledge, lien or interest was in existence on October 1, 2003, and applicable to any such pledge, lien or interest created after October 1, 2003):

(c) Any pledge made by a municipality or an authority pursuant to the provisions of sections 22a-500 to 22a-519, inclusive, shall be valid and binding from the time when the pledge is made, and any revenues or other receipts, funds or moneys so pledged and thereafter received by such municipality or authority shall be subject immediately to the lien of such pledge without any physical delivery thereof, filing or further act. The lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the municipality or the authority, irrespective of whether such parties have notice thereof and shall be a statutory lien. [within the meaning of the Uniform Commercial Code and article 9 of title 42a. ] Neither the resolution nor any other instrument by which a pledge is created shall be required to be recorded.

Sec. 67. Section 3 of special act 92-25, as amended by section 9 of special act 93-40 and section 3 of special act 01-10, is amended to read as follows (Effective from passage and applicable to any pledge, lien or security interest of this state or any political subdivision of this state, which pledge, lien or interest was in existence on October 1, 2003, and applicable to any such pledge, lien or interest created after October 1, 2003):

The principal of and interest on bonds issued by the committee, and any agreement as set forth in section 2 of special act 92-25, may be secured by a pledge of any revenues and receipts of the committee derived from the project and may be additionally secured by the assignment of a lease of the project or by an assignment of the revenues and receipts derived by the committee from any such lease. The payment of principal and interest on such bonds may be additionally secured by a pledge of any other property, revenues, moneys or funds available to the committee for such purpose. The resolution authorizing the issuance of bonds and any such lease may contain or authorize agreements and provisions respecting (1) the establishment of reserves to secure such bonds, (2) the maintenance and insurance of the project covered thereby, (3) the fixing and collection of rents for any portion thereof leased by the committee to others, (4) the creation and maintenance of special funds from such revenues, (5) the rights and remedies available in the event of default, (6) provision for a trust agreement by and between the committee and a corporate trustee or trustees which may be any trust company or bank having the powers of a trust company within or without the state, which agreement may provide for the pledge or assigning of any assets or income from assets to which or in which the committee has rights or interest, the vesting in such trustee or trustees of such property, rights, powers and duties in trust as the committee may determine, which may include any or all of the rights, powers and duties of any trustee appointed by the holders of any bonds and limiting or abrogating the right of the holders of any bonds to appoint a trustee or limiting rights, powers and duties of such trustee, and may further provide for such other rights and remedies exercisable by the trustee as may be proper for the protection of the holders of any bonds and not otherwise in violation of law. Such trust agreement may provide for the restriction of rights of any individual holder of bonds of the committee and may contain any provisions which are reasonable to delineate further the respective rights, due safeguards, responsibilities and liabilities of the committee, persons and collective holders of bonds of the committee and the trustee, (7) covenants to do or refrain from doing acts and things as may be necessary or convenient or desirable in order to better secure bonds of the committee, or which, in the discretion of the committee, will tend to make any bonds to be issued more marketable, notwithstanding that such covenants or things may not be enumerated in this act, and (8) any other matters of like or different character, which in any way affect the security or protection of the bonds, all as the committee shall deem advisable and not in conflict with the provisions of this act. Each pledge, agreement or assignment of lease made for the benefit or security of any bonds of the committee shall be in effect until the principal of and interest on the bonds for the benefit of which the same were made have been fully paid, or until provision has been made for the payment in the manner provided in the resolution or resolutions authorizing the issuance. Any pledge made in respect of such bonds shall be valid and binding from the time when the pledge is made; moneys or rents so pledged and thereafter received by the committee shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge shall be valid and binding as against parties having claims of any kind in tort, contract or otherwise against the committee, irrespective of whether such parties have notice thereof. Neither the resolution, trust indenture nor any other instrument by which a pledge is created need be recorded. The committee may, without further approval of the legislative bodies of the municipalities which are parties to the original project agreements, assign, amend, reaffirm, or terminate any or all of such original project agreements to secure the bonds and exercise the powers set forth in this act by vote taken in accordance with the inter-community agreement. The resolution authorizing the issuance of such bonds may provide for the enforcement of any such pledge or security in any lawful manner. The committee shall be considered a political subdivision of the state for purposes of subdivision (14) of subsection (d) of section 42a-9-109 of the general statutes, as amended by this act.

Sec. 68. Section 10-66c of the general statutes is amended by adding subsection (i) as follows (Effective from passage and applicable to any pledge, lien or security interest of this state or any political subdivision of this state, which pledge, lien or interest was in existence on October 1, 2003, and applicable to any such pledge, lien or interest created after October 1, 2003):

(NEW) (i) A regional educational service center shall be considered an agency of the state for purposes of subdivision (14) of subsection (d) of section 42a-9-109, as amended by this act.

Sec. 69. Section 22a-479 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to any pledge, lien or security interest of this state or any political subdivision of this state, which pledge, lien or interest was in existence on October 1, 2003, and applicable to any such pledge, lien or interest created after October 1, 2003):

(a) A municipality may authorize and approve (1) the execution and delivery of project funding agreements, and (2) the issuance and sale of project obligations, grant account loan obligations and interim funding obligations, in accordance with such statutory and charter requirements as govern the authorization and approval of borrowings and the making of contracts generally by the municipality or in accordance with the provisions of subsection (e) of this section. Project loan obligations, grant account loan obligations and interim funding obligations shall be duly executed and accompanied by an approving legal opinion of bond counsel of recognized standing in the field of municipal law whose opinions are generally accepted by purchasers of municipal bonds and shall be subject to the debt limitation provisions of section 7-374; except that project loan obligations, grant account loan obligations and interim funding obligations issued in order to meet the requirements of any abatement order of the commissioner shall not be subject to the debt limitation provisions of section 7-374, provided the municipality files a certificate, signed by its chief fiscal officer, with the commissioner demonstrating to the satisfaction of the commissioner that the municipality has a plan for levying a system of charges, assessments or other revenues which are sufficient, together with other available funds of the municipality, to repay such obligations as the same become due and payable.

(b) Each recipient which enters into a project funding agreement shall protect, defend and hold harmless the state, its agencies, departments, agents and employees from and against any and all claims, suits, actions, demands, costs and damages arising from or in connection with the performance or nonperformance by the recipient, or any of its officers, employees or agents, of the recipient's obligations under any project funding agreement as such project funding agreement may be amended or supplemented from time to time. Each such recipient may insure against the liability imposed by this subsection through any insurance company organized within or without this state authorized to write such insurance in this state or may elect to act as self-insurer of such liability, provided such indemnity shall not be limited by any such insurance coverage.

(c) Whenever a recipient has entered into a project funding agreement and has authorized the issuance of project loan obligations or grant account loan obligations, it may authorize the issuance of interim funding obligations. Proceeds from the issuance and sale of interim funding obligations shall be used to temporarily finance an eligible project pending receipt of the proceeds of a project loan obligation, a grant account loan obligation or project grant. Such interim funding obligations may be issued and sold to the state for the benefit of the Clean Water Fund or issued and sold to any other lender on such terms and in such manner as shall be determined by a recipient. Such interim funding obligations may be renewed from time to time by the issuance of other notes, provided the final maturity of such notes shall not exceed six months from the date of completion of the planning and design phase or the construction phase, as applicable, of an eligible project, as determined by the commissioner. Such notes and any renewals of a municipality shall not be subject to the requirements and limitations set forth in sections 7-378, [and] 7-378a and 7-264. The provisions of section 7-374 shall apply to such notes and any renewals thereof of a municipality; except that project loan obligations, grant account loan obligations and interim funding obligations issued in order to meet the requirements of an abatement order of the commissioner shall not be subject to the debt limitation provisions of section 7-374, provided the municipality files a certificate, signed by its chief fiscal officer, with the commissioner demonstrating to the satisfaction of the commissioner that the municipality has a plan for levying a system of charges, assessments or other revenues sufficient, together with other available funds of the municipality, to repay such obligations as the same become due and payable. The officer or agency authorized by law or by vote of the recipient to issue such interim funding obligations shall, within any limitation imposed by such law or vote, determine the date, maturity, interest rate, form, manner of sale and other details of such obligations. Such obligations may bear interest or be sold at a discount and the interest or discount on such obligations, including renewals thereof, and the expense of preparing, issuing and marketing them may be included as a part of the cost of an eligible project. Upon the issuance of a project loan obligation or grant account loan obligation, the proceeds thereof, to the extent required, shall be applied forthwith to the payment of the principal of and interest on all interim funding obligations issued in anticipation thereof and upon receipt of a project grant, the proceeds thereof, to the extent required, shall be applied forthwith to the payment of the principal of and interest on all grant anticipation notes issued in anticipation thereof or, in either case, shall be deposited in trust for such purpose with a bank or trust company, which may be the bank or trust company, if any, at which such obligations are payable.

(d) Project loan obligations, grant account loan obligations, interim funding obligations or any obligation of a municipality that satisfies the requirements of Title VI of the federal Water Pollution Control Act or the federal Safe Drinking Water Act or other related federal act may, as determined by the commissioner, be general obligations of the issuing municipality and in such case each such obligation shall recite that the full faith and credit of the issuing municipality are pledged for the payment of the principal thereof and interest thereon. To the extent a municipality is authorized pursuant to sections 22a-475 to 22a-483, inclusive, to issue project loan obligations or interim funding obligations, such obligations may be secured by a pledge of revenues and other funds derived from its sewer system or public water supply system, as applicable. Each pledge and agreement made for the benefit or security of any of such obligations shall be in effect until the principal of, and interest on, such obligations have been fully paid, or until provision has been made for payment in the manner provided in the resolution authorizing their issuance or in the agreement for the benefit of the holders of such obligations. In any such case, such pledge shall be valid and binding from the time when such pledge is made. Any revenues or other receipts, funds or moneys so pledged and thereafter received by the municipality shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act. The lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the municipality, irrespective of whether such parties have notice thereof. Neither the project loan obligation, interim funding obligation, project funding agreement nor any other instrument by which a pledge is created need be recorded. All securities or other investments of moneys of the state permitted or provided for under sections 22a-475 to 22a-483, inclusive, may, upon the determination of the State Treasurer, be purchased and held in fully marketable form, subject to provision for any registration in the name of the state. Securities or other investments at any time purchased, held or owned by the state may, upon the determination of the State Treasurer and upon delivery to the state, be accompanied by such documentation, including approving bond opinion, certification and guaranty as to signatures and certification as to absence of litigation, and such other or further documentation as shall from time to time be required in the municipal bond market or required by the state.

(e) Notwithstanding the provisions of the general statutes, any special act or any municipal charter [, a municipality may, upon the approval of] governing the authorization of bonds, notes or obligations or the appropriation of funds, or governing the application for, and expenditure of, grants or loans, or governing the authorization of contracts or financing agreements or governing the pledging of sewer or water revenues or funds, a municipality may, by resolution approved by its legislative body and by (1) its water pollution control authority or sewer authority, if any, authorize a project loan and project grant agreement between the municipality and the state pursuant to sections 22a-475 to 22a-483, inclusive, and appropriate funds and authorize project loan obligations [,] and interim funding obligations [, revenue bonds, notes or other obligations] of the municipality paid and secured solely by a pledge of revenues, funds and moneys of the municipality and the water pollution control authority or sewer authority, if any, derived from its sewer system, to pay for and finance the total project costs of an eligible water quality project, pursuant to a project loan and project grant agreement between the municipality and the state pursuant to sections 22a-475 to 22a-483, inclusive, [and] or (2) by its water authority, if any, authorize a project loan and project grant agreement between the municipality and the state pursuant to sections 22a-475 to 22a-483, inclusive, and appropriate funds and authorize project loan obligations [,] and interim funding obligations [, revenue bonds, notes or other obligations] of the municipality paid and secured solely by a pledge of revenues, funds and moneys of the municipality and the water authority, if any, derived from its public water supply system, to pay for and finance the total project costs of an eligible water quality project, pursuant to a project loan agreement between the municipality and the state pursuant to sections 22a-475 to 22a-483, inclusive. The provisions of chapter 103 shall apply to the [bonds, notes or other] obligations authorized by this section, to the extent such section is not inconsistent with this subsection. A project loan and project grant agreement authorized by such resolution may contain covenants and agreements with respect to, and may pledge the revenues, funds and moneys derived from, the sewer system or public water system to secure such project loan obligations and interim funding obligations, including, but not limited to, covenants and agreements with respect to holding or depositing such revenues, funds and moneys in separate accounts and agreements described in section 7-266. As used in this subsection "legislative body" means (A) the board of selectmen in a town that does not have a charter, special act or home rule ordinance relating to its government, (B) the council, board of aldermen, representative town meeting, board of selectmen or other elected legislative body described in a charter, special act or home rule ordinance relating to government in a city, consolidated town and city, consolidated town and borough or a town having a charter, special act, consolidation ordinance or home rule ordinance relating to its government, (C) the board of burgesses or other elected legislative body in a borough, or (D) the district committee or other elected legislative body in a district, metropolitan district or other municipal corporation.

(f) Any recipient which is not a municipality shall execute and deliver project loan obligations and interim financing obligations in accordance with applicable law and in such form and with such requirements as may be determined by the commissioner. The Commissioner of Public Health and the Department of Public Utility Control as required by section 16-19e shall review and approve all costs that are necessary and reasonable prior to the award of the project funding agreement. The Department of Public Utility Control, where appropriate, shall include these costs in the recipient's rate structure in accordance with section 16-19e.

Sec. 70. Section 1-125 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The directors, officers and employees of the Connecticut Development Authority, Connecticut Innovations, Incorporated, Connecticut Higher Education Supplemental Loan Authority, Connecticut Housing Finance Authority, Connecticut Housing Authority, Connecticut Resources Recovery Authority, including ad hoc members of the Connecticut Resources Recovery Authority, Connecticut Health and Educational Facilities Authority, Capital City Economic Development Authority, Connecticut Lottery Corporation and Connecticut Port Authority and any person executing the bonds or notes of the agency shall not be liable personally on such bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof, nor shall any director or employee of the agency, including ad hoc members of the Connecticut Resources Recovery Authority, be personally liable for damage or injury, not wanton, reckless, wilful or malicious, caused in the performance of his or her duties and within the scope of his or her employment or appointment as such director, officer or employee, including ad hoc members of the Connecticut Resources Recovery Authority. The agency shall protect, save harmless and indemnify its directors, officers or employees, including ad hoc members of the Connecticut Resources Recovery Authority, from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged negligence or alleged deprivation of any person's civil rights or any other act or omission resulting in damage or injury, if the director, officer or employee, including ad hoc members of the Connecticut Resources Recovery Authority, is found to have been acting in the discharge of his or her duties or within the scope of his or her employment and such act or omission is found not to have been wanton, reckless, wilful or malicious.

Sec. 71. Section 4a-59a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) No state agency may extend a contract for the purchase of supplies, materials, equipment or contractual services which expires on or after October 1, 1990, and is subject to the competitive bidding requirements of subsection (a) of section 4a-57, without complying with such requirements, unless (1) the Commissioner of Administrative Services makes a written determination, supported by documentation, that (A) soliciting competitive bids for such purchase would cause a hardship for the state, (B) such solicitation would result in a major increase in the cost of such supplies, materials, equipment or contractual services, or (C) the contractor is the sole source for such supplies, materials, equipment or contractual services, (2) such commissioner solicits at least three competitive quotations in addition to the contractor's quotation, and (3) the commissioner makes a written determination that no such competitive quotation which complies with the existing specifications for the contract is lower than or equal to the contractor's quotation. Any such contract extension shall be based on the contractor's quotation. No contract may be extended more than two times under this section.

(b) Notwithstanding the provisions of subsection (a) of this section, the Commissioner of Administrative Services may, for a period of one year from the date such contract would otherwise expire, extend any contract in effect on May 1, 2004, to perform any of the following services for the state: Janitorial, building maintenance, security and food and beverage.

Sec. 72. Section 33 of public act 04-216 is amended to read as follows (Effective from passage):

(a) Up to [$ 10,000,000] $7,000,000 of the unexpended balance appropriated to the Department of Transportation in section [11] 12 of public act 03-1 of the June 30 special session, for Personal Services, shall not lapse on June 30, 2004, and such funds shall be transferred to the Department of Motor Vehicles to the Reflective License Plates account for expenditure for the purpose of upgrading the Department of Motor Vehicles registration and driver license data processing systems for the fiscal year ending June 30, 2005.

(b) Up to [$ 5,500,000] $8,500,000 of the unexpended balance appropriated to the State Treasurer, for Debt Service, in section [11] 12 of public act 03-1 of the June 30 special session, shall not lapse on June 30, 2004, and such funds shall be transferred to the Department of Motor Vehicles to the Reflective License Plates account for expenditure for the purpose of upgrading the Department of Motor Vehicles registration and driver license data processing systems for the fiscal year ending June 30, 2005.

Sec. 73. Section 45 of public act 04-216 is amended to read as follows (Effective from passage):

During the fiscal [year] years ending June 30, 2004, and June 30, 2005, the Secretary of the Office of Policy and Management may transfer funds appropriated from the Special Transportation Fund to the Departments of Transportation and Motor Vehicles, for Other Current Expenses, to the appropriations from said fund to the Employers Social Security Tax and the State Employees Health Service Cost accounts in order to implement accounting changes necessitated by the CORE-CT system.

Sec. 74. (Effective July 1, 2004) Up to $ 133,700 of funds appropriated to the Department of Banking, for Equipment, shall not lapse on June 30, 2004, and such funds shall continue to be available for expenditure for such purpose during the fiscal year ending June 30, 2005.

Sec. 75. (Effective July 1, 2004) Up to $ 15,000 appropriated to the Commission on the Deaf and Hearing Impaired, for the Other Expenses account, in section 1 of public act 03-1 of the June 30 special session, shall not lapse on June 30, 2004, and such funds shall be available for moving expenses during the fiscal year ending June 30, 2005.

Sec. 76. Subdivision (55) of section 12-81 of the general statutes, as amended by section 40 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to assessment years commencing on or after October 1, 2003):

(55) [For assessment years commencing prior to October 1, 2003, and for assessment years commencing on or after October 1, 2004, property] 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. Each assessor shall issue a certificate of correction with respect to the property of a person who would have been eligible, except for the provisions of section 40 of public act 03-6 of the June 30 special session, to receive the exemption under this subdivision for the assessment year commencing October 1, 2003. Such certificate shall reduce the assessment of such eligible person's property by the amount of said exemption.

Sec. 77. Section 12-94a of the general statutes, as amended by section 41 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to assessment years commencing on or after October 1, 2003):

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, except that for the assessment year commencing October 1, 2003, such certification shall be made to the secretary on or before August 1, 2004. 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, as amended by this act. Any claimant aggrieved by the results of the secretary's review shall have the rights of appeal as set forth in section 12-120b, as amended by this act. 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] year commencing on October 1, 2002. [, and October 1, 2003. ] In the fiscal year commencing July 1, 2004, and in each fiscal year thereafter, the amount of the grant payable to each municipality in accordance with this section shall be reduced proportionately in the event that the total amount of the grants payable to all municipalities exceeds the amount appropriated.

Sec. 78. Subdivision (4) of subsection (d) of section 12-120b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004, and applicable to certifications by the Secretary of the Office of Policy and Management on and after July 1, 2001):

(4) [Not later than the date by which the secretary is required to certify to the Comptroller the amount of payment with respect to any such program, the] The secretary shall notify each claimant of the final modification or denial of financial assistance as claimed, in accordance with the procedure set forth in this subsection. A copy of the notice of final modification or denial shall be sent concurrently to the assessor or municipal official who approved such financial assistance. With respect to property tax exemptions under section 12-81g, as amended by this act, or subdivision (55), (59), (60) or (70) of section 12-81, and tax relief pursuant to section 12-129d or 12-170aa, as amended by this act, the notice pursuant to this subdivision shall be sent not later than one year after the date claims for financial assistance for each such program are filed with the secretary. For property tax exemptions under subdivision (72) or (74) of section 12-81, as amended, such notice shall be sent not later than the date by which a final modification to the payment for such program must be reflected in the certification of the secretary to the Comptroller. For the program of rebates under section 12-170d, such notice shall be sent not later than the date by which the secretary certifies the amounts of payment to the Comptroller.

Sec. 79. Section 12-170aa of the general statutes, as amended by section 183 of public act 03-6 of the June 30 special session, is amended by adding subsection (k) as follows (Effective July 1, 2004, and applicable to claims for reimbursement filed on and after July 1, 2001):

(NEW) (k) If the Secretary of the Office of Policy and Management makes any adjustments to the grants for tax reductions or assumed amounts of property tax liability claimed under this section subsequent to the Comptroller the payment of said grants in any year, the amount of such adjustment shall be reflected in the next payment the Treasurer shall make to such municipality pursuant to this section.

Sec. 80. Section 13b-68 of the general statutes, as amended by section 58 of public act 03-115, is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(a) There is established a fund to be known as the "Special Transportation Fund". The fund may contain any moneys required or permitted by law to be deposited in the fund and any moneys recovered by the state for overpayments, improper payments or duplicate payments made by the state relating to any transportation infrastructure improvements which have been financed by special tax obligation bonds issued pursuant to sections 13b-74 to 13b-77, inclusive, as amended, and shall be held by the State Treasurer separate and apart from all other moneys, funds and accounts. Investment earnings credited to the assets of said fund shall become part of the assets of said fund. Any balance remaining in said fund at the end of any fiscal year shall be carried forward in said fund for the fiscal year next succeeding.

(b) There is established a fund to be known as the "Transportation Grants and Restricted Accounts Fund". Upon certification by the Comptroller and the Secretary of the Office of Policy and Management that the CORE-CT project for fiscal services is operational, the fund shall contain all transportation moneys that are restricted, not available for general use and previously accounted for in the Special Transportation Fund as "Federal and Other Grants". The Comptroller is authorized to make such transfers as are necessary to provide that, notwithstanding any provision of the general statutes, all transportation moneys that are restricted and not available for general use are in the Transportation Grants and Restricted Accounts Fund.

Sec. 81. (NEW) (Effective July 1, 2004) There is established a fund to be known as the "Grants and Restricted Accounts Fund". Upon certification by the Comptroller and the Secretary of the Office of Policy and Management that the CORE-CT project for financial services is operational, the fund shall contain all moneys that are restricted, not available for general use and previously accounted for in the General Fund as "Federal and Other Grants". The Comptroller is authorized to make such transfers as are necessary to provide that, notwithstanding any provision of the general statutes, all moneys that are restricted and not available for general use are in the Grants and Restricted Accounts Fund.

Sec. 82. Section 4-66f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Notwithstanding any provision of the general statutes or the regulations adopted thereunder, disaster assistance funds received by the Office of [Policy and] Emergency Management from the Federal Emergency Management Agency for administration may be maintained in a separate fund or separate account within the General Fund and used for any administrative functions. The balance of any such funds remaining at the end of each fiscal year shall be carried forward for the fiscal year next succeeding.

Sec. 83. Section 29 of public act 03-6 of the June 30 special session, as amended by section 9 of public act 04-254, is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

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 $ 28,986,250, (2) for school readiness in the amount of $ 44,576,500, (3) for early reading in the amount of [$ 18,647,286] $19,700,000, (4) for extended school building hours in the amount of $ 2,994,752, and (5) for summer school in the amount of $ 3,499,699. [, and (6) for school improvement in the amount of $ 1,100,000. ]

Sec. 84. Section 4 of public act 01-8 of the June special session, as amended by section 70 of public act 03-3 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Department of Mental Health and Addiction Services, in consultation with the Department of Social Services, shall conduct a study concerning the implementation of adult rehabilitation services under Medicaid. Not later than February 1, 2002, the departments shall jointly submit a report of their findings and recommendations to the Governor and to the joint standing committees of the General Assembly having cognizance of matters relating to public health, human services and appropriations and the budgets of state agencies, in accordance with the provisions of section 11-4a. The report shall include, but not be limited to, an implementation plan, a cost benefit analysis and a description of the plan's impact on existing services.

(b) The Department of Mental Health and Addiction Services and the Department of Social Services shall conduct a study concerning the advisability of entering into an interagency agreement pursuant to which the Department of Mental Health and Addiction Services would provide clinical management of mental health services, including, but not limited to, review and authorization of services, implementation of quality assurance and improvement initiatives and provision of case management services, for aged, blind or disabled adults enrolled in the Medicaid program to the extent permitted under federal law. Not later than February 1, 2002, the departments shall jointly submit a report of their findings and recommendations to the Governor and to the joint standing committees of the General Assembly having cognizance of matters relating to public health, human services and appropriations and the budgets of state agencies, in accordance with the provisions of section 11-4a.

(c) The Commissioner of Social Services shall take such action as may be necessary to amend the Medicaid state plan to provide for coverage of optional adult rehabilitation services supplied by [various] providers of mental health services [, pursuant to a contract with] or substance abuse rehabilitation services for adults with serious and persistent mental illness or who have alcoholism or other substance abuse conditions, that are certified by the Department of Mental Health and Addiction Services. [, for adults with mental health needs who are clients of said department. ] For the fiscal years ending June 30, 2004, and June 30, 2005, up to three million dollars in each such fiscal year of any moneys received by the state as federal reimbursement for optional Medicaid adult rehabilitation services shall be credited to the Community Mental Health Restoration subaccount within the account established under section 1 of public act 01-8 of the June special session and shall be available for use for the purposes of the subaccount. The Commissioner of Social Services shall adopt regulations, in accordance with the provisions of chapter 54, to implement optional rehabilitation services under the Medicaid program. The commissioner shall implement policies and procedures to administer such services while in the process of adopting such policies or procedures in regulation form, provided notice of intention to adopt the regulations is printed in the Connecticut Law Journal within forty-five days of implementation, and any such policies or procedures shall be valid until the time final regulations are effective.

(d) The Commissioner of Mental Health and Addiction Services shall have the authority to certify providers of mental health or substance abuse rehabilitation services for adults with serious and persistent mental illness or who have alcoholism or other substance abuse conditions for the purpose of coverage of optional rehabilitation services. The Commissioner of Mental Health and Addiction Services shall adopt regulations, in accordance with the provisions of chapter 54, for purposes of certification of such providers. The commissioner shall implement policies and procedures for purposes of such certification while in the process of adopting such policies or procedures in regulation form, provided notice of intention to adopt the regulations is printed in the Connecticut Law Journal no later than twenty days after implementation and any such policies and procedures shall be valid until the time the regulations are effective.

Sec. 85. Subsection (a) of section 17b-280 of the general statutes, as amended by section 11 of public act 03-2, section 52 of public act 03-3 of the June 30 special session and section 10 of public act 04-258, is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(a) The state shall reimburse for all legend drugs provided under the Medicaid, state-administered general assistance, general assistance, ConnPACE and Connecticut AIDS drug assistance programs at the rate established by the Health Care Finance Administration as the federal acquisition cost, or, if no such rate is established, the commissioner shall establish and periodically revise the estimated acquisition cost in accordance with federal regulations. The commissioner shall also establish a professional fee of three dollars and fifteen cents for each prescription to be paid to licensed pharmacies for dispensing drugs to Medicaid, [state-administered general assistance, general assistance,] ConnPACE and Connecticut AIDS drug assistance recipients in accordance with federal regulations; and on and after September 4, 1991, payment for legend and nonlegend drugs provided to Medicaid recipients shall be based upon the actual package size dispensed. Effective October 1, 1991, reimbursement for over-the-counter drugs for such recipients shall be limited to those over-the-counter drugs and products published in the Connecticut Formulary, or the cross reference list, issued by the commissioner. The cost of all over-the-counter drugs and products provided to residents of nursing facilities, chronic disease hospitals, and intermediate care facilities for the mentally retarded shall be included in the facilities' per diem rate.

Sec. 86. Subsection (h) of section 17b-340 of the general statutes, as amended by section 45 of public act 03-19 and section 50 of public act 03-3 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(h) (1) For the fiscal year ending June 30, 1993, any residential care home with an operating cost component of its rate in excess of one hundred thirty per cent of the median of operating cost components of rates in effect January 1, 1992, shall not receive an operating cost component increase. For the fiscal year ending June 30, 1993, any residential care home with an operating cost component of its rate that is less than one hundred thirty per cent of the median of operating cost components of rates in effect January 1, 1992, shall have an allowance for real wage growth equal to sixty-five per cent of the increase determined in accordance with subsection (q) of section 17-311-52 of the regulations of Connecticut state agencies, provided such operating cost component shall not exceed one hundred thirty per cent of the median of operating cost components in effect January 1, 1992. Beginning with the fiscal year ending June 30, 1993, for the purpose of determining allowable fair rent, a residential care home with allowable fair rent less than the twenty-fifth percentile of the state-wide allowable fair rent shall be reimbursed as having allowable fair rent equal to the twenty-fifth percentile of the state-wide allowable fair rent. Beginning with the fiscal year ending June 30, 1997, a residential care home with allowable fair rent less than three dollars and ten cents per day shall be reimbursed as having allowable fair rent equal to three dollars and ten cents per day. Property additions placed in service during the cost year ending September 30, 1996, or any succeeding cost year shall receive a fair rent allowance for such additions as an addition to three dollars and ten cents per day if the fair rent for the facility for property placed in service prior to September 30, 1995, is less than or equal to three dollars and ten cents per day. For the fiscal year ending June 30, 1996, and any succeeding fiscal year, the allowance for real wage growth, as determined in accordance with subsection (q) of section 17-311-52 of the regulations of Connecticut state agencies, shall not be applied. For the fiscal year ending June 30, 1996, and any succeeding fiscal year, the inflation adjustment made in accordance with subsection (p) of section 17-311-52 of the regulations of Connecticut state agencies shall not be applied to real property costs. Beginning with the fiscal year ending June 30, 1997, minimum allowable patient days for rate computation purposes for a residential care home with twenty-five beds or less shall be eighty-five per cent of licensed capacity. Beginning with the fiscal year ending June 30, 2002, for the purposes of determining the allowable salary of an administrator of a residential care home with sixty beds or less the department shall revise the allowable base salary to thirty-seven thousand dollars to be annually inflated thereafter in accordance with section 17-311-52 of the regulations of Connecticut state agencies. The rates for the fiscal year ending June 30, 2002, shall be based upon the increased allowable salary of an administrator, regardless of whether such amount was expended in the 2000 cost report period upon which the rates are based. Beginning with the fiscal year ending June 30, 2000, the inflation adjustment for rates made in accordance with subsection (p) of section 17-311-52 of the regulations of Connecticut state agencies shall be increased by two per cent, and beginning with the fiscal year ending June 30, 2002, the inflation adjustment for rates made in accordance with subsection (c) of said section shall be increased by one per cent. Beginning with the fiscal year ending June 30, 1999, for the purpose of determining the allowable salary of a related party, the department shall revise the maximum salary to twenty-seven thousand eight hundred fifty-six dollars to be annually inflated thereafter in accordance with section 17-311-52 of the regulations of Connecticut state agencies and beginning with the fiscal year ending June 30, 2001, such allowable salary shall be computed on an hourly basis and the maximum number of hours allowed for a related party other than the proprietor shall be increased from forty hours to forty-eight hours per work week. For the fiscal year ending June 30, 2005, each facility shall receive a rate that is two and one-quarter per cent more than the rate the facility received in the prior fiscal year, except any facility that would have been issued a lower rate effective July 1, 2004, than for the fiscal year ending June 30, 2004, due to interim rate status or agreement with the department shall be issued such lower rate effective July 1, 2004.

(2) The commissioner shall, upon determining that a loan to be issued to a residential care home by the Connecticut Housing Finance Authority is reasonable in relation to the useful life and property cost allowance pursuant to section 17-311-52 of the regulations of Connecticut state agencies, allow actual debt service, comprised of principal, interest and a repair and replacement reserve on the loan, in lieu of allowed property costs whether actual debt service is higher or lower than such allowed property costs.

Sec. 87. Subsection (d) of section 17b-257 of the general statutes, as amended by section 18 of public act 03-2, section 43 of public act 03-3 of the June 30 special session and section 9 of public act 04-258, is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) The Commissioner of Social Services shall contract with federally qualified health centers or other primary care providers as necessary to provide medical services to eligible state-administered general assistance recipients pursuant to this section. The commissioner shall, within available appropriations, make payments to such centers based on their pro rata share of the cost of services provided or the number of clients served, or both. The Commissioner of Social Services shall, within available appropriations, make payments to other providers based on a methodology determined by the commissioner. The Commissioner of Social Services may reimburse for extraordinary medical services, provided such services are documented to the satisfaction of the commissioner. For purposes of this section, the commissioner may contract with a managed care organization or other entity to perform administrative functions, including a grievance process for recipients to access review of a denial of coverage for a specific medical service, and to operate the program in whole or in part. Provisions of a contract for medical services entered into by the commissioner pursuant to this section shall supersede any inconsistent provision in the regulations of Connecticut state agencies. A recipient who has exhausted the grievance process established through such contract and wishes to seek further review of the denial of coverage for a specific medical service may request a hearing in accordance with the provisions of section 17b-60.

Sec. 88. Subsection (f) of section 1 of public act 03-1 of the September 8 special session is repealed and the following is substituted in lieu thereof (Effective from passage):

(f) An amount equal to the amount certified by the Secretary of the Office of Policy and Management for retrospective reimbursements shall be credited to the State Administered General Assistance account in the Department of Social Services for the fiscal [year] years ending June 30, 2004, and June 30, 2005. Such amount shall be available to the department to pay such retrospective reimbursement claims received during the fiscal [year] years ending June 30, 2004, and June 30, 2005.

Sec. 89. Section 18-86b of the general statutes, as amended by section 156 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(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 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] year 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 August 20, 2003, 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.

(c) (1) Notwithstanding the provisions of sections 18-105 to 18-107, inclusive, during the fiscal years ending June 30, 2005, June 30, 2006, and June 30, 2007, 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 one thousand inmates outside the state.

(2) 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.

(3) Prior to entering into any contract under this subsection, the commissioner shall submit such proposed contract to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and to the judiciary for their review and comment.

[(c)] (d) 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. 90. Section 35 of public act 03-6 of the June 30 special session is amended by adding subsections (e) and (f) as follows (Effective from passage):

(NEW) (e) The successor entity may, from time to time, amend an approved revitalization plan, provided any such amendment shall comply with this section and sections 34 and 36 of public act 03-6 of the June 30 special session. Any such amendment shall be proposed and approved pursuant to the provisions of subsections (c) and (d) of this section, provided no such amendment may be submitted to the commissioner for approval or approved by the commissioner unless it is developed with the advice and consultation of the local planning committee. The local planning committee shall be convened by the successor entity. The executive director of the successor entity shall designate the members of the local planning committee and its chairperson, provided the membership of such planning committee shall include not less than two residents of the developments including residents selected by a resident association, and not less than two representatives of organizations that advocate for public housing residents. Each resident association representing residents of the developments may select one representative to serve on the local planning committee. The successor entity shall (1) assure that the residents of the housing developments are able to fully participate in the planning, review and implementation process, and (2) make reasonable efforts to link residents to community resources so that such residents will have access to expertise in tenant outreach, training, organizing, legal rights and housing policy in order to promote genuine tenant participation and to protect the interests of the residents during the planning and implementation process. As used in this subsection, "successor entity" means the Connecticut Housing Finance Authority.

(NEW) (f) The local planning committee may propose amendments to the housing revitalization plan. The committee shall hold at least one public hearing prior to its approval of any amendment. At least thirty days prior to the public hearing, the committee shall mail or deliver notice to each resident household in the developments and to each resident association representing residents in the developments. In addition to any formal notice, any such public hearing shall be publicized generally in the municipality through posted notices at the developments and through publicity both through newspapers of general circulation in the municipality and through weekly community newspapers. A record shall be kept of all comments received at such hearings and at the hearing held pursuant to subsection (c) of this section, and a summary of all oral comments and copies of all written comments shall be transmitted to the commissioner at the time of submission of the proposed amendment to the plan.

Sec. 91. Subdivision (44) of section 8-250 of the general statutes, as amended by section 39 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(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] sections 34 to 38, inclusive, of public act 03-6 of the June 30 special session, as amended by this act.

Sec. 92. Subsection (a) of section 51 of public act 03-6 of the June 30 special session is repealed and the following is substituted in lieu thereof (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;

(3) "Financially distressed development" means a housing development owned by a housing authority and subject to an asset that was transferred from the Department of Economic and Community Development to the Connecticut Housing Finance Authority pursuant to [subsection (a) of this] section 8-37u or subdivision (3) of section 32-11; and

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

Sec. 93. Subsection (b) of section 8-216 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The state, acting by and in the discretion of the Commissioner of Economic and Community Development, may enter into a contract with a municipality and the housing authority of the municipality or with the Connecticut Housing Finance Authority or any subsidiary created by the authority pursuant to section 8-242a or 8-244, as amended, to make payments in lieu of taxes to the municipality on land and improvements owned or leased by the housing authority or the Connecticut Housing Finance Authority under the provisions of part II of chapter 128 or under the provisions of sections 8-430 to 8-438, inclusive. On and after July 1, 1997, the time period of the contract may include the remaining years of operation of the project. Such payments shall be made annually in an amount equal to the taxes that would be paid on such property were the property not exempt from taxation, and shall be calculated by multiplying the assessed value of such property, which shall be determined by the tax assessor of such municipality in the manner used by such assessor for assessing the value of other real property, by the applicable tax rate of the municipality. Such contract shall provide that, in consideration of such grant-in-aid, the municipality shall waive during the period of such contract any payments by the housing authority or the Connecticut Housing Finance Authority to the municipality under the provisions of section 8-71, and shall further provide that the amount of the payments so waived shall be used by the housing authority or the Connecticut Housing Finance Authority for a program of social and supplementary services to the occupants or shall be applied to the operating costs or reserves of the property, or shall be used to maintain or improve the physical quality of the property.

Sec. 94. Section 8-68f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

Each housing authority which receives financial assistance under any state housing program, and the Connecticut Housing Finance Authority or its subsidiary when said authority or subsidiary is the successor owner of housing previously owned by a housing authority under part II or part VI of this chapter, shall, for housing which it owns and operates, (1) provide each of its tenants with a written lease, (2) adopt a procedure for hearing tenant complaints and grievances, (3) adopt procedures for soliciting tenant comment on proposed changes in housing authority policies and procedures, including changes to its lease and to its admission and occupancy policies, and (4) encourage tenant participation in the housing authority's operation of state housing programs, including, where appropriate, the facilitation of tenant participation in the management of housing projects. If such housing authority or the Connecticut Housing Finance Authority or its subsidiary operates both a federal and a state-assisted housing program, it shall use the same procedure for hearing tenant grievances in both programs. The Commissioner of Economic and Community Development shall adopt regulations in accordance with the provisions of chapter 54 to establish uniform minimum standards for the requirements in this section.

Sec. 95. (NEW) (Effective from passage) Whenever the Connecticut Housing Finance Authority or its subsidiary is a successor owner of housing previously owned by a housing authority under part II or part VI of chapter 128 of the general statutes, the authority or its successor shall be subject to the requirements of and operate such housing in compliance with all provisions of the general statutes applicable to the operation or disposition of such housing by a housing authority.

Sec. 96. (NEW) (Effective from passage) If a housing authority sold a housing property containing thirty-two rental units to a private developer between October 1, 2003, and November 30, 2003, the housing authority may apply to the Commissioner of Economic and Community Development for a waiver of the requirements of the regulations adopted pursuant to section 8-45 of the general statutes to allow for the use of state-financed housing as a relocation resource for families or persons otherwise eligible for residency in such state-financed housing except for the waiting list. Any waiver granted by the commissioner shall remain in effect until all eligible displaced tenants seeking such housing have been accommodated.

Sec. 97. Section 196 of public act 03-6 of the June 30 special session is repealed and the following is substituted in lieu thereof (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, and June 30, 2005.

Sec. 98. (Effective July 1, 2004) (a) The Secretary of the Office of Policy and Management shall immediately notify the Commissioners of Correction and Administrative Services that the sum of $ 2,000,000 shall not be expended in the Workers' Compensation account in the Department of Correction for the fiscal year ending June 30, 2004. The secretary shall monitor said account, including any stipulations, through the end of said fiscal year to ensure such sum shall not be expended.

(b) Up to $ 1,000,000 appropriated to the Department of Correction in section 1 of special act 03-1 of the June 30 special session, for Workers' Compensation Claims, and not expended in accordance with subsection (a) of this section, shall not lapse June 30, 2004. The first $ 200,000 of such funds shall be transferred to the Labor Department, for Opportunity Industrial Centers, and shall be available for expenditure during the fiscal year ending June 30, 2005, as follows: The sum of $ 100,000 for the Bridgeport Opportunity Industrial Center and the sum of $ 100,000 for the Waterbury Opportunity Industrial Center. The remainder of such funds shall continue to be available for Workers' Compensation Claims during the fiscal year ending June 30, 2005.

Sec. 99. (Effective from passage) For the fiscal year ending June 30, 2004, the Secretary of the Office of Policy and Management may authorize the carry-forward of funds in any appropriated account, if requested by an agency head and such funds are available due to delays in the payment of contractors resulting from the affidavit requirement imposed by the office of the Attorney General.

Sec. 100. Section 4-65a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There shall be an Office of Policy and Management which shall be responsible for all aspects of state staff planning and analysis in the areas of budgeting, management, planning, energy policy determination and evaluation, intergovernmental policy, criminal and juvenile justice planning and program evaluation. The department head shall be the Secretary of the Office of Policy and Management, who shall be appointed by the Governor in accordance with the provisions of sections 4-5, as amended, 4-6, 4-7 and 4-8, with all the powers and duties therein prescribed. The Secretary of the Office of Policy and Management shall be the employer representative (1) in collective bargaining negotiations concerning changes to the state employees retirement system and health and welfare benefits, and (2) in all other matters involving collective bargaining, including negotiation and administration of all collective bargaining agreements and supplemental understandings between the state and the state employee unions concerning all executive branch employees except (A) employees of the Division of Criminal Justice, and (B) faculty and professional employees of boards of trustees of constituent units of the state system of higher education. The secretary may designate a member of the secretary's staff to act as the employer representative in the secretary's place.

(b) There shall be such undersecretaries as may be necessary for the efficient conduct of the business of the office. Each such undersecretary shall be appointed by the secretary and shall be qualified and experienced in the functions to be performed by him. The positions of each such undersecretary shall be exempt from the classified service.

(c) The secretary may delegate to the deputy secretary all or part of the authority, powers and duties of the secretary.

Sec. 101. (NEW) (Effective from passage) The Attorney General may delegate to the Secretary of the Office of Policy and Management the authority to appoint an attorney employed by said office to represent the state of Connecticut in matters relating to certain appeals to the Superior Court from an arbitration, decision or determination or any other labor relations issue involving the Office of Labor Relations. The Attorney General may enter into a memorandum of understanding with the Secretary of the Office of Policy and Management which shall list the types of appeals which are the subject of such delegation.

Sec. 102. (Effective July 1, 2004) The Comptroller is authorized to maintain the balances of any appropriations that would otherwise lapse at the close of the fiscal year ending June 30, 2004, for a period of one month to permit the liquidation of obligations from the prior fiscal year.

Sec. 103. Subdivision (5) of section 12-412 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(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, as amended, and sales of tangible personal property or services to an acute care, for-profit hospital, operating as an acute care, for-profit hospital as of the effective date of this section, for the purposes of such institution in connection with the constructing and equipping of any facility of such hospital for which a certificate of need was filed before, and is pending on, the effective date of this section.

Sec. 104. Subdivision (5) of section 12-412 of the general statutes, as amended by section 54 of public act 03-6 of the June 30 special session, 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, as amended, 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] tangible personal property or services to an acute care, for-profit hospital, operating as an acute care, for-profit hospital as of the effective date of this section, for the purposes of such institution in connection with the constructing and equipping of any facility of such hospital for which a certificate of need was filed before, and is pending on, the effective date of this section.

Sec. 105. (NEW) (Effective July 1, 2004) (a) On or before September 1, 2004, the Secretary of the Office of Policy and Management, in consultation with the head of each budgeted state agency responsible for services related to health and hospitals, human services, education and correction, shall prepare a report which compares, for the previous biennium, the increases paid by the state pursuant to contracts with private providers of such services to the compensation increases due to cost of living allowances or performance-based increases paid by the state to state employees providing the same or similar services. Such report shall be included in the budget document for the biennium ending June 30, 2007, transmitted by the Governor to the General Assembly pursuant to section 4-71 of the general statutes and any funding necessary to provide an increase to such private providers that equals the mean average increase paid to such state employees for the previous biennium shall be included in the recommended current service appropriations for each affected agency for the ensuing biennium.

(b) Nothing in subsection (a) this section shall limit the Governor's ability to recommend reductions to current service appropriations in such budget document.

Sec. 106. (Effective from passage) From the effective date of this section to June 30, 2005, inclusive, the Commissioner of Social Services shall not agree to any Medicaid waiver in which the federal government, as a condition of granting the waiver, requires the state to agree to limit the normal fifty per cent federal cost sharing in the program.

Sec. 107. (Effective from passage) Notwithstanding any provision of the general statutes, from the effective date of this section to June 30, 2004, inclusive, no child shall be terminated from the HUSKY B medical program for lack of payment of any premium increase implemented by the commissioner within the fiscal year ending June 30, 2004. The Commissioner of Social Services shall examine the impact of the premium increases on enrollment and shall notify the joint committees having cognizance of matters relating to appropriations and the budgets of state agencies and human services by June 1, 2004, of any final premium increase adopted for the fiscal year ending June 30, 2005.

Sec. 108. (Effective from passage) Section 34 of public act 04-221 shall take effect from passage.

Sec. 109. (Effective from passage) The Graduate Institute, located in the towns of Milford and New London, shall have power, in accordance with its bylaws and subject to such requirements as may be prescribed for institutions of higher learning by the Board of Governors for Higher Education, as provided in section 10a-34 of the general statutes, to confer such degrees and grant such diplomas as are customary in institutions of higher learning.

Sec. 110. Subsection (b) of section 4-66c of the general statutes, as amended by section 1 of public act 04-1 of the May, 2004 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The proceeds of the sale of said bonds, to the extent hereinafter stated, shall be used, subject to the provisions of subsections (c) and (d) of this section, for the purpose of redirecting, improving and expanding state activities which promote community conservation and development and improve the quality of life for urban residents of the state as hereinafter stated: (1) For the Department of Economic and Community Development: Economic and community development projects, including administrative costs incurred by the Department of Economic and Community Development, not exceeding sixty-seven million five hundred ninety-one thousand six hundred forty-two dollars, one million dollars of which shall be used for a grant to the development center program and the nonprofit business consortium deployment center approved pursuant to section 32-411; (2) for the Department of Transportation: Urban mass transit, not exceeding two million dollars; (3) for the Department of Environmental Protection: Recreation development and solid waste disposal projects, not exceeding one million nine hundred ninety-five thousand nine hundred two dollars; (4) for the Department of Social Services: Child day care projects, elderly centers, shelter facilities for victims of domestic violence, emergency shelters and related facilities for the homeless, multipurpose human resource centers and food distribution facilities, not exceeding thirty-nine million one hundred thousand dollars, provided four million dollars of said authorization shall be effective July 1, 1994; (5) for the Department of Economic and Community Development: Housing projects, not exceeding three million dollars; (6) for the Office of Policy and Management: (A) Grants-in-aid to municipalities for a pilot demonstration program to leverage private contributions for redevelopment of designated historic preservation areas, not exceeding one million dollars; (B) grants-in-aid for urban development projects including economic and community development, transportation, environmental protection, public safety, children and families and social services projects and programs, including, in the case of economic and community development projects administered on behalf of the Office of Policy and Management by the Department of Economic and Community Development, administrative costs incurred by the Department of Economic and Community Development, not exceeding eight hundred sixty-seven million eight hundred thousand dollars, provided eighty-two million five hundred thousand dollars of said authorization shall be effective July 1, 2004. Five million dollars of the grants-in-aid authorized in subparagraph (B) of subdivision (6) of this subsection may be made available to private nonprofit organizations for the purposes described in said subparagraph (B). [Ten] Twelve million dollars of the grants-in-aid authorized in subparagraph (B) of subdivision (6) of this subsection may be made available for necessary renovations and improvements of libraries. Five million dollars of the grants-in-aid authorized in subparagraph (B) of subdivision (6) of this subsection shall be made available for small business gap financing. Ten million dollars of the grants-in-aid authorized in subparagraph (B) of subdivision (6) of this subsection may be made available for regional economic development revolving loan funds.

Sec. 111. (Effective from passage) Public act 04-81 shall take effect from passage.

Sec. 112. (Effective July 1, 2004) Section 52-259d of the general statutes and section 39 of public act 04-216 are repealed.

Approved May 12, 2004