Connecticut Seal

Substitute House Bill No. 5069

Public Act No. 04-27

AN ACT REVISING VARIOUS PUBLIC SAFETY STATUTES.

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

Section 1. Subsection (g) of section 10a-77 of the general statutes, as amended by section 1 of public act 03-33 and section 128 of public act 03-278, is repealed and the following is substituted in lieu thereof (Effective from passage):

(g) Said board of trustees shall allow any student who is a member of the armed forces called to active duty during any semester to enroll in any course for which such student had remitted tuition but which was not completed due to active duty status. Such course reenrollment shall be offered to any qualifying student for a period not exceeding four years after the date of release from active duty without additional tuition, student fee or related charge, except if such student has been fully reimbursed for the tuition, fees and charges for the course that was not completed.

Sec. 2. Section 10a-99 of the general statutes, as amended by section 2 of public act 03-33, section 128 of public act 03-278 and section 200 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):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) Subject to the provisions of section 10a-26, the Board of Trustees of the Connecticut State University System shall fix fees for tuition and shall fix fees for such other purposes as the board deems necessary at the university, and may make refunds of the same.

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

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

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

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

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

(g) Said board of trustees shall allow any student who is a member of the armed forces called to active duty during any semester to enroll in any course for which such student had remitted tuition but which was not completed due to active duty status. Such course reenrollment shall be offered to any qualifying student for a period not exceeding four years after the date of release from active duty without additional tuition, student fee or related charge, except if such student has been fully reimbursed for the tuition, fees and charges for the course that was not completed.

Sec. 3. Subsection (i) of section 10a-105 of the general statutes, as amended by section 3 of public act 03-33, section 128 of public act 03-278 and section 201 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(i) Said board of trustees shall allow any student who is a member of the armed forces called to active duty during any semester to enroll in any course for which such student had remitted tuition but which was not completed due to active duty status. Such course reenrollment shall be offered to any qualifying student for a period not exceeding four years after the date of release from active duty without additional tuition, student fee or related charge, except if such student has been fully reimbursed for the tuition, fees and charges for the course that was not completed.

Sec. 4. Section 29-221 of the general statutes, as amended by section 1 of public act 03-253, is repealed and the following is substituted in lieu thereof (Effective from passage):

As used in this chapter: (1) "Board" means the Examining Board for Crane Operators established under section 29-222; (2) "commissioner" means the Commissioner of Public Safety; (3) "crane" means (A) a tower crane used in construction, demolition or excavation work, (B) a hydraulic [cranes] crane, (C) a power-operated [derricks,] derrick or (D) a mobile crane which is a mobile, carrier-mounted, power-operated hoisting machine utilizing a power-operated boom which moves laterally by rotation of the machine on the carrier and which has a manufacturers' maximum rated capacity exceeding five tons; (4) "hoisting equipment" means motorized equipment (A) used in construction, demolition or excavation work, (B) at a construction site for a project, other than a project involving residential structures of less than four stories, the estimated cost of which is more than one million two hundred fifty thousand dollars, and (C) which has a manufacturer's rated lifting capacity exceeding five tons and a manufacturer's rated maximum reach in excess of thirty-two feet; (5) "department" means the Department of Public Safety; and (6) "apprentice" means anyone registered with the board for the purpose of learning crane operation or hoisting equipment operation.

Sec. 5. Section 29-306 of the general statutes, as amended by section 1 of public act 03-231, is repealed and the following is substituted in lieu thereof (Effective from passage):

When the local fire marshal ascertains that there exists in any building, or upon any premises, combustible or explosive matter, dangerous accumulation of rubbish or any flammable material especially liable to fire, which is so situated as to endanger life or property, or finds obstructions or conditions that present a fire hazard to the occupants or interfere with their egress in case of fire, or a condition in violation of the statutes relating to fire prevention or safety, or any regulation made pursuant thereto, the remedy of which requires construction or a change in structure, [he] the local fire marshal shall order such materials to be [forthwith] immediately removed or the conditions remedied by the owner or occupant of such building or premises, and all such construction and changes shall be in conformance with all building codes, ordinances, rules and regulations of the municipality involved and such owner or occupant shall be subject to the penalties prescribed by section 29-295 and, in addition thereto, may suffer a penalty of fifty dollars a day for each day of neglect for each violation, to be recovered in a proper action in the name of the state. Upon failure of an owner or occupant to abate such hazard or remedy such condition within a reasonable period of time as specified by the local fire marshal, such local fire marshal shall promptly notify in writing the prosecuting attorney having jurisdiction in the municipality in which such hazard exists of all the facts pertaining thereto, and such official shall promptly take such action as the facts may require, and a copy of such notification shall be forwarded promptly to the State Fire Marshal. The local fire marshal may request the chief executive officer or any official of the municipality authorized to institute actions on behalf of the municipality in which the hazard exists, or the State Fire Marshal, for the purpose of closing or restricting from public service or use such place or premises until such hazard has been remedied, to apply to any court of equitable jurisdiction for an injunction against such owner or occupant; or the State Fire Marshal, on his own initiative, may apply to such court for such injunction. When such hazard is found to exist upon premises supervised or licensed by a state department or agency, the State Fire Marshal shall promptly notify the administrator of such department or agency of his findings and shall issue orders for the elimination of such hazard. The provisions of this section shall not apply to any building, structure or premises used in the carrying on of manufacturing. If the local fire marshal or a local police officer determines that there exists in a building a risk of death or injury from overcrowding, blockage of required exiting or from the indoor use of pyrotechnics, such fire marshal or police officer may issue a verbal or written order to immediately vacate the building. A violation of such order shall be subject to the penalties under section 29-295.

Sec. 6. Section 54-1m of the general statutes, as amended by section 1 of public act 03-160, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Not later than January 1, 2000, each municipal police department and the Department of Public Safety shall adopt a written policy that prohibits the stopping, detention or search of any person when such action is solely motivated by considerations of race, color, ethnicity, age, gender or sexual orientation, and the action would constitute a violation of the civil rights of the person.

(b) Commencing on January 1, 2000, each municipal police department and the Department of Public Safety shall, using the form developed and promulgated pursuant to subsection [(i)] (h) of this section, record and retain the following information: (1) The number of persons stopped for traffic violations; (2) characteristics of race, color, ethnicity, gender and age of such persons, provided the identification of such characteristics shall be based on the observation and perception of the police officer responsible for reporting the stop and the information shall not be required to be provided by the person stopped; (3) the nature of the alleged traffic violation that resulted in the stop; (4) whether a warning or citation was issued, an arrest made or a search conducted as a result of the stop; and (5) any additional information that such municipal police department or the Department of Public Safety, as the case may be, deems appropriate, provided such information does not include any other identifying information about any person stopped for a traffic violation such as the person's operator's license number, name or address.

(c) Each municipal police department and the Department of Public Safety shall provide to the Chief State's Attorney and the African-American Affairs Commission (1) a copy of each complaint received pursuant to [subsections (a) to (h), inclusive, of] this section, and (2) written notification of the review and disposition of such complaint. No such complaint shall contain any other identifying information about the complainant such as his or her operator's license number, name or address.

(d) Any police officer who in good faith records traffic stop information pursuant to the requirements of [subsections (a) to (h), inclusive, of] this section shall not be held civilly liable for the act of recording such information unless the officer's conduct was unreasonable or reckless.

(e) If a municipal police department or the Department of Public Safety fails to comply with the provisions of [subsections (a) to (h), inclusive, of] this section, the Chief State's Attorney may recommend and the Secretary of the Office of Policy and Management may order an appropriate penalty in the form of the withholding of state funds from such department or the Department of Public Safety.

(f) On or before October 1, 2000, and annually thereafter, each municipal police department and the Department of Public Safety shall provide to the Chief State's Attorney and the African-American Affairs Commission, in such form as the Chief State's Attorney shall prescribe, a summary report of the information recorded pursuant to subsection (b) of this section.

(g) The African-American Affairs Commission shall review the prevalence and disposition of traffic stops and complaints reported pursuant to [subsections (a) to (h), inclusive, of] this section. Not later than January 1, 2004, and annually thereafter, the African-American Affairs Commission shall report to the Governor, the General Assembly and to any other entity said commission deems appropriate the results of such review, including any recommendations.

(h) Not later than January 1, 2000, the Chief State's Attorney, in conjunction with the Commissioner of Public Safety, the Attorney General, the Chief Court Administrator, the Police Officer Standards and Training Council, the Connecticut Police Chiefs Association and the Connecticut Coalition of Police and Correctional Officers, shall develop and promulgate: (1) A form, in both printed and electronic format, to be used by police officers when making a traffic stop to record the race, color, ethnicity, gender and age of the operator of the motor vehicle that is stopped, the location of the stop, the reason for the stop and other information that is required to be recorded pursuant to subsection (b) of this section; and (2) a form, in both printed and electronic format, to be used to report complaints pursuant to [subsections (a) to (h), inclusive, of] this section by persons who believe they have been subjected to a motor vehicle stop by a police officer solely on the basis of their race, color, ethnicity, age, gender or sexual orientation.

Sec. 7. Section 29-224 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) No person shall engage in, practice or offer to perform the work of a crane operator, except as provided in subsection (b) of this section, who is not the holder of a valid license issued by the board. Each licensed crane operator shall carry his license on his person when operating a crane. No person may engage in, practice or perform the work of a crane operator apprentice unless he has obtained a certificate of registration from the board. An apprentice's certificate may be issued for the performance of work of a crane operator for the purpose of training, which work may be performed only under the supervision of a licensed crane operator. No crane owner may operate or permit the operation of any of his cranes in this state unless he has obtained a certificate of registration from the board. Nothing in this subsection shall be construed to require a hoisting equipment owner to obtain a certificate of registration from the board.

(b) The provisions of subsection (a) of this section shall not apply to: (1) Any person engaged in the occupation of crane operator in the state on October 1, 1981, provided such person shall be required to obtain a license within one year of October 1, 1981, (2) engineers under the jurisdiction of the United States, (3) engineers or operators employed by public utilities or industrial manufacturing plants, or (4) persons engaged in boating, fishing, agriculture or arboriculture.

Approved April 28, 2004