Connecticut Seal

Substitute Senate Bill No. 604

Public Act No. 04-257

AN ACT CONCERNING THE REVISOR'S TECHNICAL CORRECTIONS TO THE GENERAL STATUTES AND CERTAIN PUBLIC ACTS.

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

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 Section 1-1e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Nothing in sections 1-1d, 3-94b to 3-94e, inclusive, 7-6, 7-51, 7-53, as amended, 7-54, as amended, 7-172, as amended, 9-12, as amended, 10a-207, 14-14, 14-36, as amended, 14-40a, as amended, 14-41, as amended, 14-44, as amended, 14-61, 14-73, 14-214, 14-276, 17a-1, 17a-152, 17b-75, 17b-81, 17b-223, [17b-748,] 17b-745, as amended, 18-73, 18-87, as amended, 19a-512, 20-10, 20-130, 20-146, 20-188, 20-213, 20-217, 20-236, 20-250, 20-252, 20-270, 20-291, as amended, 20-316, as amended, 20-361, 20-590, as amended, 20-592, 26-38, 29-156a, 30-1, as amended, 30-45, as amended, 30-86a, as amended, 31-222, 38a-482, 38a-609, 38a-633, 38a-786, 45a-263, 45a-502, 45a-504, 45a-606, 45a-754, 46b-129, as amended, 46b-215, as amended, 52-572, 53-304, 53-330, 53a-70 or 53a-87 shall impair or affect any act done, offense committed or right accruing, accrued or acquired, or an obligation, liability, penalty, forfeiture or punishment incurred prior to October 1, 1972, and the same may be enjoyed, asserted and enforced, as fully and to the same extent and in the same manner as they might under the laws existing prior to said date, and all matters civil or criminal pending on said date or instituted thereafter for any act done, offense committed, right accruing, accrued [,] or acquired, or obligation, liability, penalty, forfeiture [,] or punishment incurred prior to said date may be continued or instituted under and in accordance with the provisions of the law in force at the time of the commission of [said] such act done, offense committed, right accruing, accrued [,] or acquired, or obligation, liability, penalty, forfeiture or punishment incurred.

Sec. 2. Section 4-141 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

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 [,] 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. 3. Section 4-165 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

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, 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 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. 4. Subsection (h) of section 7-147b of the general statutes, as amended by sections 210 and 235 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(h) The form of the ballot to be mailed to each owner shall be consistent with the model ballot prepared by the Historic Preservation Council of the Connecticut Commission on Arts, Tourism, Culture, History and Film established pursuant to section 10-320b, as amended. The ballot shall be a secret ballot and shall set the date by which such ballots shall be received by the clerk of the municipality. The ballots shall be mailed by first class mail to each owner eligible to vote in such balloting at least fifteen days in advance of the day on which ballots must be returned. Notice of balloting shall be published in the form of a legal advertisement appearing in a newspaper having a substantial circulation in the municipality at least twice, at intervals of not less than two days, the first not more than fifteen days [nor] or less than ten days and the last not less than two days before the day on which the ballots must be returned. Such ballot shall be returned to the municipal clerk, inserted in an inner envelope which shall have endorsed on the face thereof a form containing a statement as follows: "I, the undersigned, do hereby state under the penalties of false statement that I am an owner of record of real property to be included in the proposed historic district and that I am, or my predecessors in title were, liable to the municipality for taxes on an assessment of not less than one thousand dollars on the last grand list of the municipality of real property within the district, or who would be or would have been so liable if not entitled to an exemption under subdivision (7), (8), (10), (11), (13), (14), (15), (16), (17), (20), (21), (22), (23), (24), (25), (26), (29) or (49) of section 12-81. " Such statement shall be signed and dated. Any person who intentionally falsely signs such ballot shall be guilty of false statement as [defined] provided in section 53a-157b. The inner envelope, in which the ballot has been inserted by the owner, shall be returned to the municipal clerk in an outer envelope endorsed on the outside with the words: "Official ballot". Such outer envelope shall also contain, in the upper left corner of the face thereof, blank spaces for the name and return address of the sender. In the lower left corner of such outer envelope, enclosed in a printed box, there shall be spaces upon which the municipal clerk, before issuance of the ballot and envelopes, shall inscribe the name, street and number of the elector's voting residence and the date by which the ballot must be returned, and before issuance the municipal clerk shall similarly inscribe such envelope with his name and address for the return thereof. All outer envelopes shall be serially numbered. The ballots shall be returned to the municipal clerk by the close of business on the day specified, and such clerk shall compare each ballot to the list of property owners to whom such ballots were mailed to insure that each such ballot has been properly signed and returned.

Sec. 5. Subsection (i) of section 7-169 of the general statutes, as amended by section 1 of public act 03-178, is repealed and the following is substituted in lieu thereof (Effective from passage):

(i) Prizes offered for the winning of bingo games may consist of cash, merchandise, tickets for any lottery conducted under chapter 226, the value of which shall be the purchase price printed on such tickets, or other personal property. No permittee may offer a prize which exceeds fifty dollars in value, except that (1) a permittee may offer a prize or prizes on any one day of not less than fifty-one dollars [nor] or more than two hundred dollars in value, provided the total value of such prizes on any one day does not exceed six hundred dollars, (2) a permittee may offer one or two winner-take-all games or series of games played on any day on which the permittee is allowed to conduct bingo, provided ninety per cent of all receipts from the sale of bingo cards for [said] such winner-take-all game or series of games shall be awarded as prizes and provided each prize awarded does not exceed five hundred dollars in value, (3) the holder of a Class A permit may offer two additional prizes on a weekly basis not to exceed one hundred twenty-five dollars each as a special grand prize and in the event such a special grand prize is not won, the money reserved for such prize shall be added to the money reserved for the next week's special grand prize, provided no such special grand prize may accumulate for more than sixteen weeks or exceed a total of two thousand dollars, and (4) a permittee may award door prizes the aggregate value of which shall not exceed two hundred dollars in value. When more than one player wins on the call of the same number, the designated prize shall be divided equally to the next nearest dollar. If a permittee elects, no winner may receive a prize which amounts to less than ten per cent of the announced prize and in such case the total of such multiple prizes may exceed the statutory limit of such game.

Sec. 6. Subsection (a) of section 8-7d of the general statutes, as amended by section 5 of public act 03-177, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) In all matters wherein a formal petition, application, request or appeal must be submitted to a zoning commission, planning and zoning commission [,] or zoning board of appeals under this chapter, a planning commission under chapter 126 or an inland wetlands agency under chapter 440 and a hearing is required or otherwise held on such petition, application, request or appeal, such hearing shall commence within sixty-five days after receipt of such petition, application, request or appeal and shall be completed within thirty-five days after such hearing commences, unless a shorter period of time is required under this chapter, [or] chapter 126 or chapter 440. Notice of the hearing shall be published in a newspaper having a general circulation in such municipality where the land that is the subject of the hearing is located at least twice, at intervals of not less than two days, the first not more than fifteen days [, nor] or less than ten days [,] and the last not less than two days before the date set for the hearing. In addition to such notice, such commission, board or agency may, by regulation, provide for notice to persons who own or occupy land that is adjacent to the land that is the subject of the hearing. All applications and maps and documents relating thereto shall be open for public inspection. At such hearing, any person or persons may appear and be heard and may be represented by agent or by attorney. All decisions on such matters shall be rendered within sixty-five days after completion of such hearing, unless a shorter period of time is required [pursuant to] under this chapter, chapter 126 or chapter 440. The petitioner or applicant may consent to one or more extensions of any period specified in this subsection, provided the total extension of all such periods shall not be for longer than sixty-five days, or may withdraw such petition, application, request or appeal.

Sec. 7. Subsection (d) of section 9-150a of the general statutes, as amended by section 97 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) (1) If the statement on the inner envelope has not been signed as required by section 9-140a, as amended, such inner envelope shall not be opened [nor] or the ballot removed therefrom, and such inner envelope shall be replaced in the opened outer envelope which shall be marked "Rejected" and the reason therefor endorsed thereon by the counters. (2) If such statement is signed but the individual completing the ballot is an individual described in subsection (a) of section 90 of [this act] public act 03-6 of the June 30 special session and has not met the requirements of subsection (e) of section 90 of [this act] public act 03-6 of the June 30 special session, the counters shall replace the ballot in the opened inner envelope, replace the inner envelope in the opened outer envelope and mark "Rejected as an Absentee Ballot" and endorse the reason for such rejection on the outer envelope, and the ballot shall be treated as a provisional ballot for federal offices only, pursuant to sections 83 to 89, inclusive, of [this act] public act 03-6 of the June 30 special session.

Sec. 8. Section 9-391 of the general statutes, as amended by section 22 of public act 03-241, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Each endorsement of a candidate to run in a primary for the nomination of candidates for municipal office to be voted upon at a municipal election, or for the election of town committee members shall be made under the provisions of section 9-390, as amended, not earlier than the fifty-sixth day [nor] or later than the forty-ninth day preceding the day of such primary. The endorsement shall be certified to the clerk of the municipality by the chairman or presiding officer and the secretary of the town committee, caucus or convention, as the case may be, not later than four o'clock p. m. on the forty-eighth day preceding the day of such primary. Such certification shall contain the name and street address of each person so endorsed, the title of the office or the position as committee member and the name or number of the political subdivision or district, if any, for which each such person is endorsed. If such a certificate of a party's endorsement is not received by the town clerk by such time, such party, for purposes of sections 9-417, as amended, 9-418 and 9-419, shall be deemed to have neither made nor certified such endorsement of any candidate for such office.

(b) Each selection of delegates to a state or district convention shall be made in accordance with the provisions of section 9-390, as amended, not earlier than the one-hundred-sixty-eighth day and not later than the one-hundred-sixty-first day preceding the day of the primary for such state or district office. Such selection shall be certified to the clerk of the municipality by the chairman or presiding officer and the secretary of the town committee or caucus, as the case may be, not later than four o'clock p. m. on the one-hundred-sixtieth day preceding the day of such primary. Each such certification shall contain the name and street address of each person so selected, the position as delegate, and the name or number of the political subdivision or district, if any, for which each such person is selected. If such a certificate of a party's selection is not received by the town clerk by such time, such party, for purposes of sections 9-417, as amended, and 9-420, as amended, shall be deemed to have neither made nor certified any selection of any person for the position of delegate.

(c) Each endorsement of a candidate to run in a primary for the nomination of candidates for a municipal office to be voted upon at a state election shall be made under the provisions of section 9-390, as amended, not earlier than the eighty-fourth day [nor] or later than the seventy-seventh day preceding the day of such primary. Any certification to be filed under this section shall be received by the town clerk not later than four o'clock p. m. on the fourteenth day after the close of the town committee meeting, caucus or convention, as the case may be. If such a certificate of a party's endorsement is not received by the town clerk by such time, such party, for the purposes of sections 9-417, as amended, and 9-418, shall be deemed to have neither made nor certified any endorsement of any candidate for such office. The candidate so endorsed for a municipal office to be voted upon at a state election, other than the office of justice of the peace, shall file with the town clerk a certificate, signed by that candidate, stating that such candidate was so endorsed, the candidate's name as the candidate authorizes it to appear on the ballot, the candidate's full street address and the title and district of the office for which the candidate was endorsed. Such certificate shall be attested by the chairman or presiding officer and the secretary of the town committee, caucus or convention which made such endorsement. The endorsement of candidates for the office of justice of the peace shall be certified to the clerk of the municipality by the chairman or presiding officer and the secretary of the town committee, caucus or convention, and shall contain the name and street address of each person so endorsed and the title of the office for which each such person is endorsed.

Sec. 9. Subsection (c) of section 10-27 of the general statutes, as amended by section 40 of public act 03-76, is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) State agencies, including the educational institutions, may exchange a limited number of professional personnel and students with institutions of other states and other countries and may pay the salaries of such personnel and may assign scholarships and grants-in-aid to the exchangees. The authorized exchange of personnel and students need not be parallel and simultaneous [nor] or specific with regard to the assignment of persons between institutions. If a vacancy exists on the staff of any state agency, including the educational institutions, because a leave of absence without pay has been granted, such agency may engage the services of professional personnel of other countries, and may pay such personnel so engaged from the funds which otherwise would have been paid to such staff members on leave of absence without pay.

Sec. 10. Subdivision (1) of subsection (a) of section 10-71 of the general statutes, as amended by section 8 of public act 03-76 and section 4 of public act 03-100, is repealed and the following is substituted in lieu thereof (Effective from passage):

(1) The percentage of the eligible costs for adult education a local board of education shall receive, under the provisions of this section, shall be determined as follows: (A) Each town shall be ranked in descending order from one to one hundred sixty-nine according to such town's adjusted equalized net grand list per capita, as defined in section 10-261, as amended; and (B) based upon such ranking, a percentage of not less than zero [nor] or more than sixty-five shall be determined for each town on a continuous scale, except that the percentage for a priority school district pursuant to section 10-266p, as amended, shall not be less than twenty. Any such percentage shall be increased by seven and one-half percentage points but shall not exceed sixty-five per cent for any local board of education which provides basic adult education programs for adults at facilities operated by or within the general administrative control and supervision of the Department of Mental Health and Addiction Services, provided such adults reside at such facilities.

Sec. 11. Subdivision (1) of subsection (b) of section 10-217a of the general statutes, as amended by section 1 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

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

Sec. 12. Subsection (b) of section 10-264l of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Applications for interdistrict magnet school program operating grants awarded pursuant to this section shall be submitted annually to the Commissioner of Education at such time and in such manner as the commissioner prescribes. In determining whether an application shall be approved and funds awarded pursuant to this section, the commissioner shall consider, but such consideration shall not be limited to: (1) Whether the program offered by the school is likely to increase student achievement; (2) whether the program is likely to reduce racial, ethnic and economic isolation; (3) the percentage of the student enrollment in the program from each participating district; and (4) the proposed operating budget and the sources of funding for the interdistrict magnet school. If requested by the commissioner, the applicant shall meet with the commissioner or the commissioner's designee to discuss the budget and sources of funding. The commissioner shall not award a grant to a program that is in operation prior to July 1, 2005, if more than eighty per cent of its total enrollment is from one school district, except that the commissioner may award a grant for good cause, for any one year, on behalf of an otherwise eligible magnet school program, if more than eighty per cent of the total enrollment is from one district. The commissioner shall not award a grant to a program that begins operations on or after July 1, 2005, if more than seventy-five per cent of its total enrollment is from one school district or if less than twenty-five or more than seventy-five per cent of the students enrolled are pupils of racial minorities, as defined in section 10-226a, as amended, except that the commissioner may award a grant for good cause, for one year, on behalf of an otherwise eligible interdistrict magnet school program, if more than seventy-five per cent of the total enrollment is from one district or less than twenty-five or more than seventy-five [percent] per cent of the students enrolled are pupils of racial minorities. The commissioner may not award grants pursuant to such an exception for a second consecutive year.

Sec. 13. Subsection (d) of section 10a-6 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) The Board of Governors shall request and receive, or be provided electronic access to, data, reports and other information from the constituent units of the state system of higher education that is necessary for the board to carry out its responsibilities pursuant to this section.

Sec. 14. Section 10a-6b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The accountability measures developed by the Higher Education Coordinating Council pursuant to subsection (b) of section 10a-6a shall be used by the Department of Higher Education and each constituent unit of the state system of higher education in assessing the constituent unit's progress toward meeting the following goals to: (1) Enhance student learning and promote academic excellence; (2) join with elementary and secondary schools to improve teaching and learning at all levels; (3) ensure access to and affordability of higher education; (4) promote the economic development of the state to help business and industry sustain strong economic growth; (5) respond to the needs and problems of society; and (6) ensure the efficient use of resources. The council shall develop an implementation plan for use of the accountability measures.

(b) In developing the measures pursuant to subsection (a) of this section, the council shall consider graduation rates, student retention rates, tuition and fees, student financial need and available aid, trends in enrollment and the percentage of incoming students who are state residents, strategic plans pursuant to section 10a-11, data on graduates by academic program, faculty productivity, and any other factor that it deems relevant. In considering faculty productivity measures, the council shall consult with the committee established under section 10a-3.

(c) The council shall submit the accountability measures to the Board of Governors of Higher Education for the board's review and approval. Once the measures are approved, each constituent unit shall provide the data to the department that is necessary for purposes of applying the measures.

(d) The Commissioner of Higher Education, on behalf of the council, shall report, in accordance with section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to education on the accountability measures and the implementation plan developed pursuant to this section by February 1, 2000. The report shall include recommendations: (1) For any statutory changes needed for purposes of assessing the constituent units and public institutions of higher education based on the accountability measures; (2) to clarify and streamline planning and accountability reporting requirements of the constituent units and public institutions of higher education; (3) concerning goals, actions to achieve such goals and analysis of performance; and (4) for options to revise budgeting policies and programs to meet accountability goals and measures as outlined in subsections (a) and (b) of this section.

(e) The Commissioner of Higher Education shall develop, in concurrence with the Higher Education Coordinating Council, an accountability report prototype. Upon review and approval by the Board of Governors of Higher Education, the commissioner shall submit the report prototype to the joint standing committee of the General Assembly having cognizance of matters relating to education by October 1, 2000. The report prototype shall include accountability measures developed and approved under this section for which data collection mechanisms exist as determined by the commissioner.

(f) Each constituent unit of the state system of higher education shall submit to the Commissioner of Higher Education its first accountability report by January 1, 2001. The commissioner shall compile and consolidate the reports. The commissioner shall submit, in accordance with section 11-4a, an accountability report that covers the state system of higher education and each constituent unit and public institution of higher education to the joint standing committee of the General Assembly having cognizance of matters relating to education by February 1, 2001. The report shall include baseline data for the accountability measures developed under this section for which data collection mechanisms exist and comparable peer data, as determined by the commissioner after consultation with the Higher Education Coordinating Council and reviewed and approved by the Board of Governors of Higher Education. The report shall also include a timeline for the collection of data and reporting of the remaining accountability measures and for the identification of performance improvement targets.

(g) Each constituent unit of the state system of higher education shall submit an accountability report to the Commissioner of Higher Education annually, by January first. The commissioner shall compile the reports and shall submit, in accordance with section 11-4a, a consolidated accountability report for the state system of higher education to the joint standing committee of the General Assembly having cognizance of matters relating to education annually, by February first. The report shall contain accountability measures for each constituent unit and public institution of higher education pursuant to subsections (a) and (b) of this section. The report shall include updated baseline and peer comparison data, performance improvement targets for each measure, and other information as determined by the commissioner.

Sec. 15. Subsection (c) of section 10a-19b of the general statutes, as amended by section 25 of public act 03-278, is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) Not later than July 1, 2002, and annually thereafter, the council, in consultation with the Departments of Education and Higher Education and the boards of trustees of the constituent units of the state system of higher education, shall report to the joint standing committees of the General Assembly having cognizance of matters relating to education and higher education and employment advancement on all articulation agreements involving higher education institutions and any progress made on the establishment of additional agreements, in accordance with section 11-4a.

Sec. 16. Section 10a-151e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

On and after July 1, 1999, each constituent unit of the state system of higher education and each public institution of higher education that negotiates a contract with a vendor for the provision of course books for purchase by students shall ensure that such contract: (1) Includes a provision requiring the vendor to post its policies concerning the return of used books and the exchange rate for books used the previous semester that are in good condition, and (2) does not prevent student organizations from holding used book exchange programs.

Sec. 17. Section 10a-153 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The constituent units of the state system of higher education shall comply with the provisions of section 4a-60g when undertaking remodeling, alteration, repair or enlargement projects pursuant to the provisions of sections 4b-51, as amended, 4b-52, as amended, 4b-55, as amended, and 4b-91, as amended.

Sec. 18. Subsection (e) of section 12-62k of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(e) On and after July 1, 2002, the provisions of this section and section 12-62 shall [supercede] supersede the provisions of any special act, charter or home rule ordinance to the contrary concerning the year a revaluation is required to be implemented.

Sec. 19. Subsection (d) of section 12-81f of the general statutes, as amended by section 1 of public act 03-44, is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) Any person who has submitted an application and been approved in any year for the additional exemption under subsection (a) or (b) of this section shall, in the year immediately following approval, be presumed to be qualified for such exemption. During the year immediately following such approval, the assessor shall notify, in writing, each person presumed to be qualified pursuant to this subsection. If any such person has qualifying income in excess of the maximum allowed under said subsection (a) or (b), such person shall notify the assessor on or before the next filing date for such exemption and shall be denied such exemption for the assessment year immediately following and for any subsequent year until such person has reapplied and again qualified for such exemption. Any person who fails to notify the assessor of such disqualification shall make payment to the municipality in the amount of property tax loss related to the exemption improperly taken.

Sec. 20. Subsection (b) of section 13a-247 of the general statutes, as amended by section 39 of public act 03-115, is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Any person, firm or corporation violating any provision of subsection (a) of this section shall be fined not more than one hundred dollars for a first offense and not less than one hundred dollars [nor] or more than five hundred dollars for each subsequent offense.

Sec. 21. Subsection (b) of section 13b-44 of the general statutes, as amended by section 51 of public act 03-115, is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The commissioner shall cause a public hearing to be held at the expense of the department in each municipality in which such lands or interests in such lands are located. At such hearing, the commissioner shall present and explain the plan of development, and any persons who are opposed to such plan may be heard and may state their reasons for such opposition. Such hearing shall be held not earlier than thirty days after such plan has been filed in the office of the town clerk of the municipality. Notice of the time and place of such hearing shall be published in a newspaper having a substantial circulation in such municipality at least twice, at intervals of not less than two days, the first not more than fifteen days [nor] or less than ten days and the second not less than two days before such hearing.

Sec. 22. Subsection (g) of section 14-36 of the general statutes, as amended by section 1 of public act 03-171, is repealed and the following is substituted in lieu thereof (Effective from passage):

(g) Any person who violates any provision of this section shall, for a first offense, be deemed to have committed an infraction and be fined not less than seventy-five dollars [nor] or more than ninety dollars and, for any subsequent offense, shall be fined not less than two hundred fifty dollars [nor] or more than three hundred fifty dollars or be imprisoned not more than thirty days, or both.

Sec. 23. Subsection (d) of section 14-40a of the general statutes, as amended by section 4 of public act 03-171, is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) Any person who violates any provision of subsection (a), (b) or (c) of this section shall, for a first offense, be deemed to have committed an infraction and be fined not less than thirty-five dollars [nor] or more than fifty dollars and, for any subsequent offense, shall be fined not more than one hundred dollars or imprisoned not more than thirty days, or both.

Sec. 24. Subsection (h) of section 15-133 of the general statutes, as amended by section 1 of public act 03-244, is repealed and the following is substituted in lieu thereof (Effective from passage):

(h) Any person who violates the provisions of subsection (d) of this section shall: (1) For conviction of a first violation, (A) be fined not less than five hundred dollars [nor] or more than one thousand dollars, and (B) be (i) imprisoned not more than six months, forty-eight consecutive hours of which may not be suspended or reduced in any manner, or (ii) imprisoned not more than six months, with the execution of such sentence of imprisonment suspended entirely and a period of probation imposed requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's safe boating certificate or certificate of personal watercraft operation, if any, or right to operate a vessel that requires a safe boating certificate for operation suspended for one year; (2) for conviction of a second violation not later than ten years after a prior conviction for the same offense, (A) be fined not less than one thousand dollars [nor] or more than four thousand dollars, (B) be imprisoned not more than two years, one hundred twenty consecutive days of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's safe boating certificate or certificate of personal watercraft operation, if any, or right to operate a vessel that requires a safe boating certificate for operation suspended for three years or until the date of such person's twenty-first birthday, whichever is longer; and (3) for conviction of a third and subsequent violation not later than ten years after a prior conviction for the same offense, (A) be fined not less than two thousand dollars [nor] or more than eight thousand dollars, (B) be imprisoned not more than three years, one year of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's safe boating certificate or certificate of personal watercraft operation, if any, or right to operate a vessel that requires a safe boating certificate for operation permanently revoked upon such third offense.

Sec. 25. Subsection (b) of section 15-140l of the general statutes, as amended by section 2 of public act 03-244, is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Any person guilty of reckless operation of a vessel in the first degree while under the influence shall be fined not less than two thousand five hundred dollars [nor] or more than five thousand dollars or imprisoned not more than two years, or both.

Sec. 26. Subsection (b) of section 15-140n of the general statutes, as amended by section 3 of public act 03-244, is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Any person guilty of reckless operation of a vessel in the second degree while under the influence shall be fined not less than five hundred dollars [nor] or more than one thousand dollars or imprisoned not more than six months, or both.

Sec. 27. Subsection (h) of section 15-144 of the general statutes, as amended by section 14 of public act 03-244, is repealed and the following is substituted in lieu thereof (Effective from passage):

(h) (1) Any person who operates or any owner who permits the operation of a vessel on the waters of this state which has not been numbered or registered in accordance with the provisions of this chapter and any other applicable section of the general statutes [,] shall have committed a violation and shall be fined not less than twenty-five [nor] dollars or more than two hundred dollars for the first offense and for each subsequent offense shall be fined not less than two hundred dollars [nor] or more than five hundred dollars. (2) No person shall use any vessel registration or registration decals that have been issued to another person pursuant to sections 15-142 to 15-144, inclusive. No person shall use a vessel registration or registration decals on any vessel other than the vessel for which such registration number or registration decals have been issued. Any person who violates any provision of this subdivision shall be fined not more than one hundred dollars or imprisoned not more than thirty days, or both. (3) Any officer empowered to enforce the provisions of this chapter and any other applicable section of the general statutes who finds a vessel which is not numbered or registered in accordance with the provisions of this chapter and such discovery is subsequent to a violation of this chapter may make application to the court for a warrant to seize such vessel and take it into custody pending proof of payment of proper numbering or registration fees. No officer shall be liable for any act performed under the provisions of this subsection.

Sec. 28. Subsection (b) of section 15-154 of the general statutes, as amended by section 7 of public act 03-244, is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) When engaged in the enforcement of this chapter and chapter 446k, such officer shall have the authority to stop and board any vessel which is under way or which is moored on the waters of this state for the purposes of (1) examining decals, certificates and other documents, (2) inspecting safety equipment and waste disposal systems, (3) determining if the operation of such vessel exceeds the noise levels established in subsection (b) of section 15-129, (4) searching when such officer has probable cause to believe that any provision of any law of this state or any rule or regulation of the Department of Environmental Protection relating to boating or water pollution has been violated, (5) determining compliance with sections 15-140l, as amended, and 15-140n, as amended, and subsections (d) and (e) of section 15-133, as amended, when such authorized officer has probable cause to believe said section or subsection has been violated, and (6) making arrests. No person operating a vessel shall refuse to stop such vessel or, if sea conditions make stopping in that area unsafe, refuse to take such vessel to a designated area after being requested or signalled to do so by such officer. Any person operating a vessel who refuses to stop or refuses to take such vessel to the designated area shall have committed an infraction. Any person, when signalled to stop by such officer in a law enforcement vessel using an audible signal device or flashing blue lights, who operates such vessel in disregard of such signal so as to (A) interfere with or endanger the operation of the law enforcement vessel or any other vessel, (B) endanger or cause damage to property or person, or (C) increase speed in an attempt to escape or elude such law enforcement officer shall be fined not less than one hundred dollars [nor] or more than five hundred dollars for a first offense and for any subsequent offense shall be fined not less than five hundred dollars [nor] or more than one thousand dollars. Proof of the registration number of the vessel shall be prima facie evidence in any prosecution that the owner was the operator.

Sec. 29. Subsection (a) of section 16-50m of the general statutes, as amended by section 8 of public act 03-140, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) The council shall promptly fix a commencement date and location for a public hearing on an application for a certificate complying with section 16-50l, as amended, (1) where no proposals are received pursuant to the request-for-proposal process, not less than thirty days after the deadline for submission of such proposals [nor] or more than sixty days after such deadline; (2) where a proposal is received pursuant to the request-for-proposal process, not less than thirty days after the deadline of submission of an application pursuant to subdivision (3) of subsection (a) of section 16-50l, as amended, [nor] or more than sixty days after such deadline; or (3) where the application is for a facility described in subdivision (5) or (6) of subsection (a) of section 16-50i, as amended, not less than thirty days after receipt of an application [nor] or more than one hundred fifty days after such receipt. Applications that are common to a request-for-proposal shall be heard under a consolidated public hearing process. At least one session of such hearing shall be held at a location selected by the council in the county in which the facility or any part thereof is to be located after six-thirty p. m. for the convenience of the general public. After holding at least one hearing session in the county in which the facility or any part thereof is to be located, the council may, in its discretion, hold additional hearing sessions at other locations. If the proposed facility is to be located in more than one county, the council shall fix the location for at least one public hearing session in whichever county it determines is most appropriate, provided the council may hold hearing sessions in more than one county.

Sec. 30. Subsection (a) of section 16-245d of the general statutes, as amended by section 22 of public act 03-135, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Department of Public Utility Control shall, by regulations adopted pursuant to chapter 54, develop a standard billing format that enables customers to compare pricing policies and charges among electric suppliers. On and after January 1, 2000, each electric company or electric distribution company, as the case may be, shall, in accordance with the billing format developed by the department, include at a minimum the following information in each customer's bill: (1) The total amount owed by the customer, which shall be itemized to show, (A) the electric generation services component and any additional charges imposed by the electric supplier, if applicable, (B) the electric transmission and distribution charge, including all applicable taxes and the systems benefits charge, as provided in section 16-245l, as amended, (C) the competitive transition assessment, as provided in section 16-245g, as amended, (D) [federally-mandated] federally mandated congestion costs, and (E) the conservation and renewable energy charge, consisting of the conservation and load management program charge, as provided in section 16-245m, as amended, and the renewable energy investment charge, as provided in section 16-245n, as amended; (2) any unpaid amounts from previous bills which shall be listed separately from current charges; (3) except for customers subject to a demand charge, the rate and usage for the current month and each of the previous twelve months in the form of a bar graph or other visual form; (4) the payment due date; (5) the interest rate applicable to any unpaid amount; (6) the toll-free telephone number of the electric distribution company to report power losses; (7) the toll-free telephone number of the Department of Public Utility Control for questions or complaints; (8) the toll-free telephone number and address of the electric supplier; and (9) a statement about the availability of information concerning electric suppliers pursuant to section 16-245p, as amended.

Sec. 31. Section 17b-28e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Not later than September 30, 2002, the Commissioner of Social Services shall submit an amendment to the Medicaid state plan to implement the provisions of public act 02-1 of the May 9 special session* concerning optional services under the Medicaid program. Said state plan amendment shall [supercede] supersede any regulations of Connecticut state agencies concerning such optional services.

Sec. 32. Section 17b-222 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

As used in this section and sections 17b-223, 17b-228, 17b-229 and [17b-748,] 17b-745, as amended, "state humane institution" or "humane institution" means [and includes] state mental hospitals, community mental health centers, treatment facilities for children and adolescents, or any other facility or program administered by the Departments of Mental Health and Addiction Services, Mental Retardation, or Children and Families. The person in charge of each state humane institution shall furnish the Commissioner of Administrative Services with a daily report of changes in the patient roster and the date of formal commitment of each patient.

Sec. 33. Subsection (b) of section 17b-229 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The provisions of sections 17a-278, 17a-502, 17b-222, 17b-223, 17b-228, 17b-232, [17b-748,] 17b-745, as amended, 46b-215, as amended, and 53-304 shall not affect or impair the responsibility of any patient or patient's estate for his care in a state humane institution prior to July 1, 1955, and the same may be enforced by any action by which such responsibility would have been enforceable prior to July 1, 1955, but only to the extent of that portion of such estate as is not needed for the support of the spouse, parents and dependent children of such patient.

Sec. 34. Section 17b-429 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The Commissioner of Social Services shall, within available appropriations, make information available to senior citizens and disabled persons concerning any pharmaceutical company's drug program for indigent persons by utilizing the ConnPACE program, the CHOICES health insurance [counseling and] assistance program, as defined in section [17b-427a] 17b-427, as amended, and Infoline of Connecticut to deliver such information.

Sec. 35. Subsection (c) of section 19a-42 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) An amended certificate shall [supercede] supersede the original certificate that has been changed and shall be marked "Amended", except for amendments due to parentage or gender change. The original certificate in the case of parentage or gender change shall be physically or electronically sealed and kept in a confidential file by the department and the registrar of any town in which the birth was recorded, and may be unsealed for viewing or issuance only upon a written order of a court of competent jurisdiction. The amended certificate shall become the public record.

Sec. 36. Subsection (a) of section 19a-77a of the general statutes, as amended by section 10 of public act 03-243, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Any retail establishment in this state may establish a drop-in supplementary child-care operation on the premises of such retail establishment in accordance with the following requirements:

(1) The hours of operation may only be between six o'clock a. m. and nine o'clock p. m.

(2) No child receiving care shall be less than three years [nor] or more than ten years of age.

(3) A child may not receive more than two hours of care per day.

(4) The operation may immediately notify appropriate law enforcement or state agencies if any child receiving care at such operation is not picked up by a parent or guardian after three hours.

(5) A parent or guardian shall be on the premises at the retail establishment at all times while the child is receiving care.

(6) The retail establishment shall provide a clean and safe area for the drop-in supplementary child-care operation.

(7) At all times the operation shall provide (A) at least one child-care staff person for every ten children, and (B) at least one child-care staff person who is twenty years of age or older who has experience in child care.

(8) The operation shall submit the names of all child-care staff to the Commissioner of Public Health, who shall request a check of such names from the state child abuse registry established pursuant to section 17a-101k for perpetrator information.

Sec. 37. Section 19a-302 of the general statutes, as amended by section 24 of public act 03-252, is repealed and the following is substituted in lieu thereof (Effective from passage):

If at any time such association fails to comply with the provisions of section 19a-301, the selectmen of the town in which such cemetery is located shall take over the care of [said] such fund and file an annual report with the Probate Court in accordance with the provisions of section 19a-301. The selectmen may appoint a cemetery committee consisting of not fewer than three [nor] or more than seven members who are residents of such town. If three members are appointed, one shall serve for a term of two years, one for a term of four years and one for a term of six years; if four members are appointed, one shall serve for a term of two years, one for a term of four years and two for a term of six years; if five members are appointed, one shall serve for a term of two years, two for a term of four years and two for a term of six years; if six members are appointed, two shall serve for a term of two years, two for a term of four years and two for a term of six years; and if seven members are appointed, two shall serve for a term of two years, two for a term of four years and three for a term of six years. Biennially thereafter, they may appoint one member for a term of six years to replace each member whose term expires. [Said] Such committee shall have all of the powers and duties of a committee established as provided in section 19a-301.

Sec. 38. Subsection (i) of section 19a-343a of the general statutes, as amended by section 8 of public act 03-231, is repealed and the following is substituted in lieu thereof (Effective from passage):

(i) At the evidentiary hearing upon the public nuisance complaint, the state shall have the burden of proving, by clear and convincing evidence, [of] the existence of a public nuisance upon the real property as [defined] provided in section 19a-343, as amended. If the state presents clear and convincing evidence that there have been three or more arrests, or the issuance of three or more arrest warrants indicating a pattern of criminal activity and not isolated incidents, for conduct on the real property or any portion thereof documented by a law enforcement officer for any of the offenses enumerated in subdivisions (1) to (11), inclusive, of subsection (c) of section 19a-343, as amended, within the three hundred sixty-five days preceding commencement of the action, [this] such evidence shall create a rebuttable presumption of the existence of a public nuisance. Any defendant may offer evidence by way of an affirmative defense that such defendant has taken reasonable steps to abate the public nuisance, but has been unable to abate the nuisance.

Sec. 39. Subsection (c) of section 19a-673 of the general statutes, as amended by section 5 of public act 03-266, is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) Each collection agent, as defined in section 19a-509b, as amended, engaged in collecting a debt from a patient arising from services provided at a hospital shall provide written notice to such patient as to whether the hospital deems the patient an insured patient or an uninsured patient [as defined in subsection (a) of this section] and the reasons for such determination.

Sec. 40. Section 20-205 of the general statutes, as amended by section 2 of public act 03-198, is repealed and the following is substituted in lieu thereof (Effective from passage):

The provisions of this chapter shall not apply to any person in governmental employ while acting in the scope of his or her employment, [nor] or to any person who furnishes medical or surgical assistance without compensation in an emergency, [nor] or to any veterinarian, licensed in another state, who is employed as a direct consultant for not more than ten days during any calendar year with any practitioner licensed in conformity with the provisions of section 20-197, as amended. The provisions of this chapter shall not apply to any hospital, educational institution or laboratory or any state or federal institution, or any employee of, student in or person associated with any such hospital, educational institution or laboratory or state or federal institution, while engaged in research or studies involving the use of medical, surgical or dental procedures, or to the owner of any animal or livestock or his or her employee while administering to such animal or livestock.

Sec. 41. Section 22-333 of the general statutes, as amended by section 2 of public act 03-123, is repealed and the following is substituted in lieu thereof (Effective from passage):

Any dog, cat or other animal captured or impounded under the provisions of this chapter shall be redeemed by the owner or keeper thereof, or the agent of such owner or keeper, upon proper identification, and, if the animal in question is a dog, upon presentation to the municipal animal control officer of a license and tag for such dog, and upon the payment by such owner or keeper or his agent of (1) the redemption fee established by the municipality, which shall not exceed fifteen dollars, and (2) the cost of advertising incurred under the provisions of section 22-332, as amended; provided no dog, cat or other animal seized for doing damage under the provisions of section 22-355 shall be released except upon written order of the commissioner, the Chief Animal Control Officer or an animal control officer. When the owner or keeper of any such impounded dog, cat or other animal fails to redeem such dog, cat or other animal within twenty-four hours after receiving notification to do so, or, where the owner was unknown, within twenty-four hours after notification was effected by means of publication in a newspaper, such owner or keeper shall pay, in addition to such redemption fee and the cost of advertising, the amount determined by the municipality to be the full cost of detention and care of such impounded dog, cat or other animal. The owner or keeper of any dog, cat or other animal impounded for the purposes of quarantine, as set forth in sections 22-358 and 22-359, shall pay the amount determined by the municipality to be the full cost of detention and care of such quarantined animal. In addition, any owner or keeper of any such impounded dog, cat or other animal who fails to redeem such dog, cat or other animal within one hundred [and] twenty hours after receiving notification to do so shall have committed an infraction. The legislative body of the municipality shall set any fees imposed by the municipality under this section.

Sec. 42. Section 26-55 of the general statutes, as amended by section 3 of public act 03-192 and section 242 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

No person shall import or introduce into the state, or possess or liberate therein, any live fish, wild bird, wild mammal, reptile, amphibian or invertebrate unless such person has obtained a permit therefor from the commissioner, provided nothing in this section shall be construed to require such permit for any live fish, wild bird, wild mammal, reptile, amphibian or invertebrate that was imported, introduced into the state, possessed or liberated in the state prior to October 1, 2003. Such permit may be issued at the discretion of the commissioner under such regulations as the commissioner may prescribe. The commissioner may by regulation prescribe the numbers of live fish, wild birds, wild mammals, reptiles, amphibians or invertebrates of certain species which may be imported, possessed, introduced into the state or liberated therein. The commissioner may by regulation exempt certain species or groups of live fish from the permit requirements. The commissioner may by regulation determine which species of wild birds, wild mammals, reptiles, amphibians or invertebrates must meet permit requirements. The commissioner may totally prohibit the importation, possession, introduction into the state or liberation therein of certain species which the commissioner has determined may be a potential threat to humans, agricultural crops or established species of plants, fish, birds, mammals, reptiles, amphibians or invertebrates. The commissioner may by regulation exempt from permit requirements organizations or institutions such as zoos, research laboratories, colleges or universities, public nonprofit aquaria or nature centers where live fish, wild birds, wild mammals, reptiles, amphibians or invertebrates are held in strict confinement. Any such fish, bird, mammal, reptile, amphibian or invertebrate illegally imported into the state or illegally possessed therein shall be seized by any representative of the Department of Environmental Protection and shall be disposed of as determined by the commissioner. Any person, except as provided in section 26-55a, who violates any provision of this section or any regulation issued by the commissioner as [herein] provided in this section shall be guilty of an infraction. Importation, liberation or possession of each fish, wild bird, wild mammal, reptile, amphibian or invertebrate in violation of this section or such regulation shall be a separate and distinct offense and, in the case of a continuing violation, each day of continuance thereof shall be deemed to be a separate and distinct offense.

Sec. 43. Section 26-57 of the general statutes, as amended by section 4 of public act 03-192, is repealed and the following is substituted in lieu thereof (Effective from passage):

No person shall transport within the state or transport out of the state any fish, bird, mammal, reptile, amphibian or invertebrate for which a closed season is provided without a permit from the commissioner, except as provided [herein] in this section. The commissioner may issue a permit to any person to transport within the state or to transport out of the state any fish, bird, mammal, reptile, amphibian or invertebrate protected under the provisions of this chapter under such regulations as the commissioner may prescribe. No fish, bird, mammal, reptile, amphibian or invertebrate shall be transported out of the state unless each unit, package or container is conspicuously tagged or labeled, and such tag or label contains in legible writing the full name and address of the person legally authorized to transport out of the state such fish, bird, mammal, reptile, amphibian or invertebrate. Any such fish, bird, mammal, reptile, amphibian or invertebrate received by any person or by any common carrier within the state, addressed for shipment to any point without the state and not having such tag or label conspicuously attached shall be prima facie evidence of a violation of the provisions of this section. A permit shall not be required to transport within the state or to transport out of the state any fish, bird, mammal, reptile, amphibian or invertebrate which has been legally taken, bred, propagated or possessed by a person to whom a license, registration or permit has been issued under the provisions of this chapter authorizing the taking, breeding, propagating or possessing of fish, birds, mammals, reptiles, amphibians or invertebrates, and no permit shall be required to transport within the state or to transport out of the state any fish, bird, mammal, reptile, amphibian or invertebrate that has been legally taken or acquired by a person exempt from license requirements under the provisions of this chapter. Any person who violates any provision of this section shall be fined not less than ten dollars [nor] or more than two hundred dollars or imprisoned not more than sixty days, or be both fined and imprisoned.

Sec. 44. Subsection (b) of section 26-82 of the general statutes, as amended by section 6 of public act 03-192, is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Any person who violates any provision of this section shall be fined not less than two hundred dollars [nor] or more than five hundred dollars or imprisoned not less than thirty days [nor] or more than six months, or shall be both fined and imprisoned, for the first offense, and for each subsequent offense shall be fined not less than two hundred dollars [nor] or more than one thousand dollars or imprisoned not more than one year, or shall be both fined and imprisoned.

Sec. 45. Subsection (e) of section 28-1 of the general statutes, as amended by section 166 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) "Civil preparedness forces" means any organized personnel engaged in carrying out civil preparedness functions in accordance with the provisions of this chapter or any regulation or order thereunder. All the police and fire forces of the state or any political subdivision of the state, or any part of any political subdivision, including all the auxiliaries of these forces, shall be construed to be a part of the civil preparedness forces. The Connecticut Disaster Medical Assistance Team and the Medical Reserve Corps, under the auspices of the Department of Public Health, the Connecticut Urban Search and Rescue Team, under the auspices of the Department of Public Safety, and the Connecticut behavioral health regional crisis response teams, under the auspices of the Department of Mental Health and Addiction Services and the Department of Children and Families, and their members, shall be construed to be a part of the civil preparedness forces while engaging in authorized civil preparedness duty or while assisting or engaging in authorized training for the purpose of eligibility for immunity from liability as provided in section 28-13 and for death, disability and injury benefits as provided in section 28-14. Any member of the civil preparedness forces who is called upon either by civil preparedness personnel or state or municipal police personnel to assist in any emergency shall be deemed to be engaging in civil preparedness duty while assisting in such emergency or while engaging in training under the auspices of the Office of Emergency Management, [or the state] the Division of State Police within the Department of Public Safety or a municipal police department, for the purpose of eligibility for death, disability and injury benefits as provided in section 28-14.

Sec. 46. Section 29-231 of the general statutes, as amended by section 1 of public act 03-15, is repealed and the following is substituted in lieu thereof (Effective from passage):

The provisions of this chapter shall not apply to: (1) Boilers under federal control; (2) portable boilers used in pumping, heating, steaming and drilling in the open field; (3) portable boilers used solely for agricultural purposes; (4) steam heating boilers, hot water heaters and hot water heating boilers, when used in private homes or apartment houses of not more than five families; (5) hot water heaters approved by a nationally recognized testing agency that are equipped with adequate safety devices including a temperature and pressure relief valve, having a nominal water capacity of not more than one hundred twenty gallons and a heat input of not more than two hundred thousand British thermal units per hour and used solely for hot water supply carrying a pressure of not more than one hundred sixty pounds per square inch and operating at temperatures of not more than two hundred [and] ten degrees Fahrenheit, provided such heaters are not installed in schools, day care centers, public or private hospitals, nursing or boarding homes, churches or public buildings, as defined in section 1-1; (6) antique or model boilers used in public, nonprofit engineering or scientific museums and operated for educational, historical or exhibition purposes having a shell diameter of less than twelve inches and a grate surface area of less than one square foot; and (7) public service companies, as defined in section 16-1, as amended.

Sec. 47. Section 29-381 of the general statutes, as amended by section 2 of public act 03-231, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) No owner, proprietor, manager or agent of any theater, concert or music hall or assembly hall or of any building, auditorium or [rooms] room used for public gatherings shall permit any person to occupy any aisle in any such theater, concert or music hall, assembly hall or other building used for such purpose, or permit any person to occupy the back or sides of any such building or room used [as aforesaid] for such purpose, to such an extent as to prevent the free and unobstructed passage to and from the entrance to any aisle or any of the exits in such place. [; but the] The provisions of this [section] subsection shall not apply to town halls which are on the ground floor.

(b) Before any performance or event at any theater, concert or music hall or assembly hall or at any building, auditorium or room used for public gatherings of more than one hundred persons, the owner, proprietor, manager or agent of such theater, hall, building, auditorium or room shall make a public announcement that describes the location of emergency exits.

(c) Any person who violates any provision of subsection (a) or (b) of this section shall be fined not more than fifty dollars.

Sec. 48. Section 30-88a of the general statutes, as amended by section 14 of public act 03-171, is repealed and the following is substituted in lieu thereof (Effective from passage):

Each person who attains the age of twenty-one years and has a motor vehicle operator's license, containing a full-face photograph of such person, may use, and each permittee may accept, such license as legal proof of the age of the licensee for the purposes of this chapter. Any person who, for the purpose of procuring alcoholic liquor, misrepresents his or her age or uses or exhibits [, for the purpose of procuring alcoholic liquor,] an operator's license belonging to any other person [,] shall be fined not less than two hundred [nor] dollars or more than five hundred dollars or imprisoned not more than thirty days, or both.

Sec. 49. Section 31-51ll of the general statutes, as amended by section 2 of public act 03-213, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) (1) Subject to section 31-51mm, an eligible employee shall be entitled to a total of sixteen workweeks of leave during any twenty-four-month period, such twenty-four-month period to be determined utilizing any one of the following methods: [(1)] (A) Consecutive calendar years; [(2)] (B) any fixed twenty-four-month period, such as two consecutive fiscal years or a twenty-four-month period measured forward from an employee's first date of employment; [(3)] (C) a twenty-four-month period measured forward from an employee's first day of leave taken under sections 31-51kk to 31-51qq, inclusive; or [(4)] (D) a rolling twenty-four-month period measured backward from an employee's first day of leave taken under sections 31-51kk to 31-51qq, inclusive. [,]

(2) Leave under this subsection may be taken for one or more of the following reasons:

[(1)] (A) Upon the birth of a son or daughter of the employee;

[(2)] (B) Upon the placement of a son or daughter with the employee for adoption or foster care;

[(3)] (C) In order to care for the spouse, or a son, daughter or parent of the employee, if such spouse, son, daughter or parent has a serious health condition; or

[(4)] (D) Because of a serious health condition of the employee.

(b) Entitlement to leave under subparagraph (A) or (B) of subdivision [(1) or] (2) of subsection (a) of this section may accrue prior to the birth or placement of a son or daughter when such leave is required because of such impending birth or placement.

(c) (1) Leave under subparagraph (A) or (B) of subdivision [(1) or] (2) of subsection (a) of this section for the birth or placement of a son or daughter may not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employer agree otherwise. Subject to subdivision (2) of this subsection concerning an alternative position, subdivision (2) of subsection (f) of this section concerning the duties of the employee and subdivision (5) of subsection (b) of section 31-51mm concerning sufficient certification, leave under subparagraph (C) or (D) of subdivision [(3) or (4)] (2) of subsection (a) of this section for a serious health condition may be taken intermittently or on a reduced leave schedule when medically necessary. The taking of leave intermittently or on a reduced leave schedule pursuant to this subsection shall not result in a reduction of the total amount of leave to which the employee is entitled under subsection (a) of this section beyond the amount of leave actually taken.

(2) If an employee requests intermittent leave or leave on a reduced leave schedule under subparagraph (C) or (D) of subdivision [(3) or (4)] (2) of subsection (a) of this section that is foreseeable based on planned medical treatment, the employer may require the employee to transfer temporarily to an available alternative position offered by the employer for which the employee is qualified and that (A) has equivalent pay and benefits, and (B) better accommodates recurring periods of leave than the regular employment position of the employee, provided the exercise of this authority shall not conflict with any provision of a collective bargaining agreement between such employer and a labor organization which is the collective bargaining representative of the unit of which the employee is a part.

(d) Except as provided in subsection (e) of this section, leave granted under subsection (a) of this section may consist of unpaid leave.

(e) (1) If an employer provides paid leave for fewer than sixteen workweeks, the additional weeks of leave necessary to attain the sixteen workweeks of leave required under sections 5-248a and 31-51kk to 31-51qq, inclusive, may be provided without compensation.

(2) (A) An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave or family leave of the employee for leave provided under subparagraph (A), (B) or (C) of subdivision [(1), (2) or (3)] (2) of subsection (a) of this section for any part of this sixteen-week period of such leave under said subsection.

(B) An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for leave provided under subparagraph (C) or (D) of subdivision [(3) or (4)] (2) of subsection (a) of this section for any part of the sixteen-week period of such leave under said subsection, except that nothing in section 5-248a or sections 31-51kk to 31-51qq, inclusive, shall require an employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave.

(f) (1) In any case in which the necessity for leave under subparagraph (A) or (B) of subdivision [(1) or] (2) of subsection (a) of this section is foreseeable based on an expected birth or placement of a son or daughter, the employee shall provide the employer with not less than thirty days' notice, before the date of the leave is to begin, of the employee's intention to take leave under said [subdivision (1) or (2)] subparagraph (A) or (B), except that if the date of the birth or placement of a son or daughter requires leave to begin in less than thirty days, the employee shall provide such notice as is practicable.

(2) In any case in which the necessity for leave under subparagraph (C) or (D) of subdivision [(3) or (4)] (2) of subsection (a) of this section is foreseeable based on planned medical treatment, the employee (A) shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider of the employee or the health care provider of the son, daughter, spouse or parent of the employee, as appropriate; and (B) shall provide the employer with not less than thirty days' notice, before the date the leave is to begin, of the employee's intention to take leave under said [subdivision (3) or (4)] subparagraph (C) or (D), except that if the date of the treatment requires leave to begin in less than thirty days, the employee shall provide such notice as is practicable.

(g) In any case in which a husband and wife entitled to leave under subsection (a) of this section are employed by the same employer, the aggregate number of workweeks of leave to which both may be entitled may be limited to sixteen workweeks during any twenty-four-month period, if such leave is taken: (1) Under subparagraph (A) or (B) of subdivision [(1) or] (2) of subsection (a) of this section; or (2) to care for a sick parent under [subdivision (3) of said subsection] subparagraph (C) of said subdivision.

(h) Unpaid leave taken pursuant to sections 5-248a and 31-51kk to 31-51qq, inclusive, shall not be construed to affect an employee's qualification for exemption under chapter 558.

(i) Notwithstanding the provisions of sections 5-248a and 31-51kk to 31-51qq, inclusive, all further rights granted by federal law shall remain in effect.

Sec. 50. Section 31-51mm of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) An employer may require that request for leave based on a serious health condition in subparagraph (C) or (D) of subdivision [(3) or (4)] (2) of subsection (a) of section 31-51ll, as amended, be supported by a certification issued by the health care provider of the eligible employee or of the son, daughter, spouse or parent of the employee, as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employer.

(b) Certification provided under subsection (a) of this section shall be sufficient if it states:

(1) The date on which the serious health condition commenced;

(2) The probable duration of the condition;

(3) The appropriate medical facts within the knowledge of the health care provider regarding the condition;

(4) (A) For purposes of leave under subparagraph (C) of subdivision [(3)] (2) of subsection (a) of section 31-51ll, as amended, a statement that the eligible employee is needed to care for the son, daughter, spouse or parent and an estimate of the amount of time that such employee needs to care for the son, daughter, spouse or parent; and (B) for purposes of leave under subparagraph (D) of subdivision [(4)] (2) of subsection (a) of section 31-51ll, as amended, a statement that the employee is unable to perform the functions of the position of the employee;

(5) In the case of certification for intermittent leave or leave on a reduced leave schedule for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment;

(6) In the case of certification for intermittent leave or leave on a reduced leave schedule under subparagraph (D) of subdivision [(4)] (2) of subsection (a) of section 31-51ll, as amended, a statement of the medical necessity of the intermittent leave or leave on a reduced leave schedule, and the expected duration of the intermittent leave or reduced leave schedule; and

(7) In the case of certification for intermittent leave or leave on a reduced leave schedule under subparagraph (C) of subdivision [(3)] (2) of subsection (a) of section 31-51ll, as amended, a statement that the employee's intermittent leave or leave on a reduced leave schedule is necessary for the care of the son, daughter, parent or spouse who has a serious health condition, or will assist in their recovery, and the expected duration and schedule of the intermittent leave or reduced leave schedule.

(c) (1) In any case in which the employer has reason to doubt the validity of the certification provided under subsection (a) of this section for leave under subparagraph (C) or (D) of subdivision [(3) or (4)] (2) of subsection (a) of section 31-51ll, as amended, the employer may require, at the expense of the employer, that the eligible employee obtain the opinion of a second health care provider designated or approved by the employer concerning any information certified under subsection (b) of this section for such leave.

(2) A health care provider designated or approved under subdivision (1) of this subsection shall not be employed on a regular basis by the employer.

(d) (1) In any case in which the second opinion described in subsection (c) of this section differs from the opinion in the original certification provided under subsection (a) of this section, the employer may require, at the expense of the employer, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee concerning the information certified under subsection (b) of this section.

(2) The opinion of the third health care provider concerning the information certified under subsection (b) of this section shall be considered to be final and shall be binding on the employer and the employee.

(e) The employer may require that the eligible employee obtain subsequent recertifications on a reasonable basis, provided the standards for determining what constitutes a reasonable basis for recertification may be governed by a collective bargaining agreement between such employer and a labor organization which is the collective bargaining representative of the unit of which the worker is a part if such a collective bargaining agreement is in effect. Unless otherwise required by the employee's health care provider, the employer may not require recertification more than once during a thirty-day period and, in any case, may not unreasonably require recertification. The employer shall pay for any recertification that is not covered by the employee's health insurance.

Sec. 51. Subsection (d) of section 31-51nn of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) As a condition of restoration under subsection (a) of this section for an employee who has taken leave under subparagraph (D) of subdivision [(4)] (2) of subsection (a) of section 31-51ll, as amended, the employer may have a uniformly applied practice or policy that requires each such employee to receive certification from the health care provider of the employee that the employee is able to resume work, except that nothing in this subsection shall supersede a valid law of this state or a collective bargaining agreement that governs the return to work of such employees.

Sec. 52. Subsection (c) of section 33-883 of the general statutes, as amended by section 28 of public act 03-18, is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) After the revocation of dissolution is authorized, the corporation may revoke the dissolution by delivering to the Secretary of the State for filing a certificate of revocation of dissolution that (1) sets forth: [(1)] (A) The name of the corporation; [(2)] (B) the effective date of the dissolution that was revoked; [(3)] (C) the date that the revocation of dissolution was authorized; [(4)] (D) if the corporation's board of directors, or incorporators, revoked the dissolution, a statement to that effect; [(5)] (E) if the corporation's board of directors revoked a dissolution authorized by the shareholders, a statement that revocation was permitted by action by the board of directors alone pursuant to that authorization; [(6)] and (F) if shareholder action was required to revoke the dissolution, the information required by subdivision (3) of subsection (a) of section 33-882, as amended; and [(7)] (2) if the name of the corporation whose dissolution is to be revoked is no longer available, [be] is accompanied by an amendment of the certificate of incorporation which changes the name of the corporation to an available name.

Sec. 53. Subsection (c) of section 33-1173 of the general statutes, as amended by section 50 of public act 03-18, is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) After the revocation of dissolution is authorized, the corporation may revoke the dissolution by delivering to the Secretary of the State for filing a certificate of revocation of dissolution that (1) sets forth: [(1)] (A) The name of the corporation; [(2)] (B) the effective date of the dissolution that was revoked; [(3)] (C) the date that the revocation of dissolution was authorized; [(4)] (D) if the corporation's board of directors, or incorporators, revoked the dissolution, a statement to that effect; [(5)] (E) if the corporation's board of directors revoked a dissolution authorized by members, a statement that revocation was permitted by action of the board of directors alone pursuant to that authorization; [(6)] and (F) if member action was required to revoke the dissolution, the information required by subdivision (3) of subsection (a) of section 33-1172, as amended; and [(7)] (2) if the name of the corporation whose dissolution is to be revoked is no longer available, [be] is accompanied by an amendment of the certificate of incorporation which changes the name of the corporation to an available name.

Sec. 54. Subsection (c) of section 34-38p of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) A foreign limited partnership's appointment of the [secretary of the state] Secretary of the State and his successors in office as its initial agent upon whom process may be served shall be included in the application for registration as provided in section 34-38g. A subsequent appointment of the Secretary of the State and his successors in office as a foreign limited partnership's agent upon whom process may be served shall be filed in the office of the Secretary of the State in such form as the secretary shall prescribe.

Sec. 55. Subdivision (14) of section 34-101 of the general statutes, as amended by section 61 of public act 03-18, is repealed and the following is substituted in lieu thereof (Effective from passage):

(14) "Member" or "members" means a person or persons who have been admitted to membership in a limited liability company as provided in section 34-179 and who [has] have not disassociated from the limited liability company as provided in section 34-180.

Sec. 56. Subsection (b) of section 34-406 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The name of a registered limited liability partnership or foreign registered limited liability partnership shall be such as to distinguish it upon the records of the Secretary of the State from: (1) The name of any registered limited liability partnership, limited partnership, limited liability company or corporation existing under the laws of this state; (2) the name of any foreign registered limited liability partnership, foreign limited partnership, foreign limited liability company or foreign corporation authorized to transact business in this state; or (3) any name reserved under section 34-407 or reserved or registered under section 33-656, 33-657, 33-1045, 33-1046, 33-1047, 34-13 or 34-103. [or subsection (a) of section 34-13. ]

Sec. 57. Subdivision (3) of subsection (a) of section 36a-468a of the general statutes, as amended by section 69 of public act 03-84, is repealed and the following is substituted in lieu thereof (Effective from passage):

(3) A terminating Connecticut credit union shall give written notice of the date, time and place of the meeting at which its members shall vote on the plan of merger. Such notice shall state that the purpose of the meeting is to consider the plan of merger and contain or be accompanied by a copy or summary of the plan. The notice shall be hand-delivered or mailed to each member at such member's last-known address as shown on the records of the credit union not less than thirty [nor] or more than fifty days prior to the date of the meeting. Unless waived by the commissioner in accordance with subdivision (2) of subsection (b) of this subsection, the affirmative vote of two-thirds of the members of the terminating Connecticut credit union voting on the plan of merger shall be required for approval of the merger. The terminating Connecticut credit union shall file with the commissioner a verified statement that the merger has been duly noticed and approved by its members in accordance with this subdivision.

Sec. 58. Subsection (c) of section 36a-468b of the general statutes, as amended by section 70 of public act 03-84, is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) The converting Connecticut credit union shall give written notice of the date, time and place of the meeting at which the plan of conversion is to be considered, which notice shall be hand-delivered or mailed to each member of the converting Connecticut credit union at such member's last-known address as shown on the records of such Connecticut credit union not less than thirty [nor] or more than fifty days prior to the date of the meeting.

Sec. 59. Subdivision (4) of subsection (a) of section 36a-469c of the general statutes, as amended by section 72 of public act 03-84 and section 17 of public act 03-196, is repealed and the following is substituted in lieu thereof (Effective from passage):

(4) In the case of a converting Connecticut credit union, the plan of conversion shall require the approval of a majority of the governing board. After approving the plan of conversion, the governing board of the converting Connecticut credit union shall establish the date and time of a regular or special meeting of members for vote on the proposal. Written notice of the meeting at which the proposal is to be considered together with a mail ballot and a disclosure statement shall be hand-delivered or mailed to each member, at such member's last-known address as shown on the records of the converting Connecticut credit union, not more than thirty days [nor] or less than fourteen days prior to the date of the meeting. The disclosure statement shall include, at a minimum, a description of (A) the reasons for the proposed conversion; (B) the differences between membership rights in the converting credit union and depositor rights in the proposed mutual savings bank, mutual savings and loan association or mutual community bank; and (C) the significant differences between the authorized powers of the converting credit union and those of the proposed mutual savings bank, mutual savings and loan association or mutual community bank. The notice, disclosure statement and mail ballot shall be submitted to the commissioner for approval prior to distribution to members. Each member of the converting Connecticut credit union may cast one vote on the proposal. The affirmative vote of two-thirds of all the members voting, including those votes cast in person and those ballots properly completed and received by the converting Connecticut credit union prior to the time of the meeting, shall be required for approval of the conversion.

Sec. 60. Subsection (b) of section 36a-470a of the general statutes, as amended by section 73 of public act 03-84, is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Within three days after a majority of the governing board has adopted a plan of dissolution of the Connecticut credit union, the governing board shall file with the commissioner a copy of such plan of dissolution, attested by the chairman or vice chairman and the secretary or treasurer, and inform the commissioner of the date on which the plan will be voted on by the members of the Connecticut credit union. The plan of dissolution shall be approved at an annual or special meeting of the members. Written notice of the date, time and place of the meeting at which the plan of dissolution is to be considered shall be hand-delivered or mailed to each member at such member's last-known address as shown on the records of the Connecticut credit union, not more than thirty [nor] or less than seven days prior to the date of the vote. The written notice shall clearly describe the plan and the reasons for the plan and shall notify the member of such member's right to vote on the plan in person, by proxy or by mail ballot, and shall have an official form of proxy or mail ballot attached. The affirmative vote of two-thirds of those members voting shall be required to approve the proposal. Upon receipt of the filing, the commissioner may by order appoint the National Credit Union Administration or its successor agency to act as liquidating agent.

Sec. 61. Section 36b-41 of the general statutes, as amended by section 88 of public act 03-19 and section 27 of public act 03-84, is repealed and the following is substituted in lieu thereof (Effective from passage):

Except as otherwise provided in sections 36b-40 to 36b-52, inclusive, all terms used in said sections shall have the meanings ascribed to them under section 36-321 of the general statutes, revision of 1958, revised to January 1, 1977. As used in said sections:

(1) "Target company" means any stock corporation which is organized under the laws of this state, has its principal executive office in this state and has, on a consolidated basis, five hundred or more employees and fifty million dollars of tangible assets in this state, other than: (A) A domestic insurance company, as defined in section 38a-1, as amended; (B) a bank, as defined in subdivision (3) of subsection (a) of section 36-419 of the general statutes, revision of 1958, revised to January 1, 1993, or a bank holding company, as defined in subdivision (1) of subsection (a) of section 36-419 of the general statutes, revision of 1958, revised to January 1, 1993; (C) a public utility company or a holding company, as defined in Section 2 of the Federal Public Utility Holding Company Act of 1935, presently constituted as Section 79b of Title 15 of the United States Code, an acquisition of or by, or merger with which, is subject to approval by the appropriate federal agency as provided in said act; (D) a bank or bank holding company subject to the Federal Bank Holding Company Act of 1956, presently constituted as Section 1841 et seq. of Title 12 of the United States Code, an acquisition of or by, or merger with which, is subject to approval by the appropriate federal agency as provided in said act; or (E) a savings and loan holding company, as defined in Section 2 of the Federal Savings and Loan Holding Company Amendments of 1967, presently constituted as Section 1730a of Title 12 of the United States Code, an acquisition of or by, or merger with which, is subject to approval by the appropriate federal agency as provided in said act.

(2) "Equity security" means (A) any stock or similar security carrying, at the time of the tender offer, the right to vote on any matter by virtue of the certificate of incorporation, bylaws or governing instrument of the target company or the right to vote for directors or persons performing substantially similar functions by operation of law; (B) any security, including debt securities, convertible into such stock or similar security; (C) any warrant or right to purchase such stock or similar security; (D) any security carrying any warrant to purchase such stock or similar security; or (E) any other security which for the protection of investors is deemed an equity security pursuant to regulation of the commissioner.

(3) "Offeror" means a person who makes or in any way participates in making a tender offer, and includes all affiliates and associates of that person. The term does not include a financial institution, a broker or dealer loaning funds or extending credit to any offeror in the ordinary course of its business, or any accountant, attorney, financial institution, broker, dealer, newspaper or magazine of general circulation, consultant or other person furnishing services or advice to or performing ministerial or administrative duties for an offeror and not otherwise participating in the takeover offer.

(4) "Affiliate" of a person means any person controlling, controlled by [,] or under common control with that person.

(5) "Associate" of a person means any person acting jointly or in concert with that person for the purpose of acquiring, holding or disposing of, or exercising any voting rights attached to, the equity securities of a target company.

(6) "Control", including the terms "controlling", "controlled by" [,] and "under common control with", means the possession of the power to direct or cause the direction of the management and policies of a person unless the power is the result of an official position or office.

(7) "Offeree" means a record or beneficial owner of equity securities which an offeror acquires or offers to acquire in connection with a tender offer.

(8) "Tender offer" means the offer to acquire, or the acquisition of, any equity security of a target company, pursuant to a tender offer or request or invitation for tenders, if after acquisition the offeror would be directly or indirectly a record or beneficial owner of more than ten per cent of any class of the outstanding equity securities of the target company, but shall not include: (A) A bid made by a dealer for that dealer's own account in the ordinary course of that dealer's business of buying and selling such equity securities; (B) broker transactions effected by or through a broker or dealer in the ordinary course of its business; (C) an offer to exchange the securities of one issuer for the securities of another issuer, if the offer is registered or exempt from registration under the Federal Securities Act of 1933; (D) any offer to acquire such equity securities for the sole account of the offeror if there are no more than one hundred record owners of the voting securities of the target company at the time of the offer; (E) an offer which, if accepted by all offerees, will not result in the offeror having acquired more than two per cent of the same class of equity securities of the issuer within the preceding twelve-month period; (F) an offer by the issuer to acquire its own equity securities; (G) an isolated offer to purchase equity securities from individual security holders and not made to security holders generally; (H) an offer involving a vote of shareholders of the target company on a merger, consolidation or sale of corporate assets in consideration of cash or the issuance of securities of another corporation; and (I) any offer which the commissioner, by regulation or order, and after notice to the offeror and target company, shall exempt from the definition of tender offer as not being entered into for the purpose of, and not having the effect of, changing or influencing the control of the target company or otherwise as not comprehended within the purposes of sections 36b-40 to 36b-52, inclusive.

(9) "Commissioner" means the Banking Commissioner or any person designated by the Banking Commissioner to administer sections 36b-40 to 36b-52, inclusive.

(10) "Schedule 14D-1" means the schedule 14D-1 as prescribed by the Securities and Exchange Commission or such other form pertaining to disclosures in tender offers as the commissioner by regulation, rule or order may designate.

Sec. 62. Section 38a-475 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The Insurance Department shall only precertify long-term care insurance policies which (1) alert the purchaser to the availability of consumer information and public education provided by the Department of Social Services pursuant to section [17a-307] 17b-251; (2) offer the option of home and community-based services in addition to nursing home care; (3) in all home care plans, include case management services delivered by an access agency approved by the Office of Policy and Management and the Department of Social Services as meeting the requirements for such agency as defined in regulations adopted pursuant to subsection (e) of section 17b-342, which services shall include, but need not be limited to, the development of a comprehensive individualized assessment and care plan and, as needed, the coordination of appropriate services and the monitoring of the delivery of such services; (4) provide inflation protection; (5) provide for the keeping of records and an explanation of benefit reports on insurance payments which count toward Medicaid resource exclusion; and (6) provide the management information and reports necessary to document the extent of Medicaid resource protection offered and to evaluate the Connecticut Partnership for Long-Term Care. No policy shall be precertified if it requires prior hospitalization or a prior stay in a nursing home as a condition of providing benefits. The commissioner may adopt regulations, in accordance with chapter 54, to carry out the precertification provisions of this section.

Sec. 63. Subdivision (c) of section 38a-556 of the general statutes, as amended by section 68 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

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

Sec. 64. Subsection (d) of section 38a-702g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) Notwithstanding any other provision of sections 38a-702a to 38a-702r, inclusive, a person licensed as a surplus lines broker in the person's home state shall receive a nonresident surplus lines broker license pursuant to subsection (a) of this section. Except as provided in subsection (a) of this section, nothing in this section otherwise amends or [supercedes] supersedes any provision of sections 38a-740 to 38a-745, inclusive.

Sec. 65. Subsection (b) of section 38a-981 of the general statutes, as amended by section 3 of public act 03-119, is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) (1) An insurance institution or a third-party administrator providing insurance or administrative services with respect to an employer's employee benefit plan which provides its employees with health benefits shall, upon written request of an exclusive bargaining agent for such employees, provide such bargaining agent with information regarding description of health benefits available to such employees, claim experience regarding such benefits and the cost to the employer for such coverage or administrative services, as the case may be, for employees in the bargaining unit represented by such bargaining agent. If such employees constitute a subgroup of a multi-bargaining-unit group, the information provided by the [insurer] insurance institution or administrator shall, upon written request of the exclusive bargaining agent for the subgroup, include a description of available health benefits, claim experience regarding such benefits and the cost to the employer for such coverage or administrative services, as the case may be, for the entire multi-bargaining-unit group or for subgroups within the multi-bargaining-unit group. A copy of such information shall be provided at the same time to the employer by the insurance institution or administrator. Such information shall be made available to the bargaining agent and the employer only if the bargaining agent agrees in writing to pay all reasonable costs, as determined by the insurance institution or administrator, that are incurred by the insurance institution or administrator in developing and distributing the information. The information provided to such agent shall relate to the group of employees as a whole and shall not include any information relating to specific individuals. No requests made pursuant to this subdivision may seek information which relates to a period of time more than twenty-four months prior to the date such request was made.

(2) Prior to providing any information pursuant to subdivision (1) of this subsection, an insurance institution or third-party administrator may require the bargaining agent requesting such information to provide evidence in writing that such bargaining agent is currently designated or certified by the proper state or federal authority as the exclusive bargaining representative or agent of the employees who are the subject of the request.

(3) The provisions of this subsection shall not apply to employees participating in an employee welfare benefit plan subject to the provisions of Title I of the Employee Retirement Income Security Act of 1974 (ERISA), Public Law 93-406, as amended from time to time, or to the exclusive bargaining agents of such employees.

Sec. 66. Subsections (c) and (d) of section 45a-8 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(c) If suitable court facilities are not provided in accordance with subsection (a) or (b) of this section: [, (1) the] (1) The Probate Court Administrator shall submit a report to the joint standing committee of [cognizance of] the General Assembly having cognizance of matters relating to the judiciary concerning the failure of the probate district to provide the required court facilities, together with a recommendation that the probate district be abolished as a separate district and be consolidated with a contiguous district where suitable court facilities can be provided; or (2) if, in the opinion of the Probate Court Administrator, abolition of the district is not in the public interest and judicial action is necessary to enforce the provision of suitable court facilities, the Probate Court Administrator shall bring an action in the Superior Court to enforce the requirements for the provision of suitable court facilities.

(d) Any town located in a probate district that desires to (1) consolidate such probate district with one or more districts, (2) be removed from such probate district to a separate district established for any such town, or (3) be located in another probate district, may, by resolution of its legislative body, petition the General Assembly for such consolidation, separation and creation of a new probate district or relocation. The Probate Court Administrator shall provide such assistance in the preparation of the petition as the officials of the town or towns may request. At the time of submission of a petition to the General Assembly, a copy of the petition shall be sent to the judges of probate in the probate districts to be affected. No probate district may be consolidated with another district until the expiration of the term of office of any probate judge in an affected probate district.

Sec. 67. Subsection (b) of section 45a-78 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The Probate Court Administrator shall, from time to time, compile into a probate practice book all rules regarding practice and procedure in the courts of probate [,] and all forms prescribed for use in probate courts. [He] The Probate Court Administrator shall cause the probate practice book to be published, shall pay for the probate practice book from the [trust] fund [provided for by] established under section 45a-82, as amended, and shall sell the probate practice book, at a price determined by [him] the Probate Court Administrator. The proceeds from the sales shall be added to and shall become a part of [such trust] said fund.

Sec. 68. Section 45a-80 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Commissioner of Public Works shall provide such office space for the conduct of the duties of the office of the Probate Court Administrator as the [administrator] Probate Court Administrator approves. The expenses of the office space shall be paid from the [trust] fund established under section 45a-82, as amended.

(b) The Probate Court Administrator shall purchase furniture, stationery, office supplies, typewriters, filing cabinets and [whatever] such other equipment, apparatus and supplies, contractual services and other services as the Probate Court Administrator deems necessary or advisable for the expeditious conduct of the duties of the office and shall pay for them from the [trust] fund established under section 45a-82, as amended, subject to the provisions of section 45a-83.

Sec. 69. Subsection (i) of section 45a-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(i) The State Treasurer shall, on or before October first, annually, give an accounting of the Probate Court Administration Fund, showing the receipts and disbursements and the balance or condition thereof, as of the preceding June thirtieth, to the Connecticut Probate Assembly and to the joint standing committee [on] of the General Assembly having cognizance of matters relating to the judiciary.

Sec. 70. Section 45a-83 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

If at any time the [trust] fund established [by] under section 45a-82, as amended, is insufficient to pay the several charges to be paid from it, the Comptroller shall draw his order on the Treasurer for payment, from the General Fund, of such sums as are necessary to pay such charges. When the amount in the [trust] fund established [by] under said section is more than sufficient to meet the requirements imposed upon it by law, other than amounts which are required to make the retirement fund established [by] under section 45a-35 actuarially sound, all as certified by the Probate Court Administrator, there shall be paid over to the General Fund from the [trust] fund established [by] under section 45a-82, as amended, any moneys paid from the General Fund under this section.

Sec. 71. Section 45a-668 of the general statutes, as amended by section 1 of public act 03-51, is repealed and the following is substituted in lieu thereof (Effective from passage):

Guardians of the property, and limited guardians of the property, of persons who are not minors and who are persons with mental retardation, appointed as such guardians or limited guardians under chapter 779a prior to October 1, 1982, shall serve on or after October 1, 1982, as conservators of the estates of such persons as if appointed conservators under the provisions of sections 45a-644 to 45a-662, inclusive, and in accordance with the provisions of said sections. Any guardian of the person or property of a [minor person who is mentally retarded] person with mental retardation who is a minor, appointed under chapter 779a, prior to October 1, 1982, may continue to serve as such guardian on or after October 1, 1982, as if appointed under and in accordance with the provisions of sections 45a-132, 45a-593 to 45a-597, inclusive, 45a-603 to 45a-662, inclusive, or 45a-629 to 45a-638, inclusive, relative to guardians of minors. Such guardianship shall terminate upon the [minor] minor's reaching the age of eighteen. Continuation of the guardianship of the estate shall be by application made pursuant to the provisions of sections 45a-644 to 45a-662, inclusive. Continuation of the guardianship of the person shall be by application made pursuant to the provisions of sections 45a-668 to 45a-684, inclusive. Any guardian of the person of a person with mental retardation who is not a minor, appointed under chapter 779a prior to October 1, 1982, may continue to serve as such guardian after October 1, 1982. Upon filing of a periodic account by any guardian appointed under the provisions of chapter 779a, prior to October 1, 1982, the court shall require a probate bond in the same manner as under sections 45a-132, 45a-593 to 45a-597, inclusive, 45a-603 to 45a-622, inclusive, 45a-629 to 45a-638, inclusive, or 45a-644 to 45a-662, inclusive. Failure to furnish a probate bond or written acceptance of guardianship required under the provisions of said sections [,] shall be cause for termination of the continued service of the fiduciary provided for in this section.

Sec. 72. Subdivision (5) of section 46a-11 of the general statutes, as amended by section 1 of public act 03-88, is repealed and the following is substituted in lieu thereof (Effective from passage):

(5) Request and receive information, including personal data, concerning a person with a disability from any state or private agency, with the consent of such person with a disability, or the parent or guardian of such person, as appropriate. With respect to a developmentally disabled adult who has no guardian or whose guardian is an employee of the Department of Mental Retardation, the director may request and receive such information only if:

(A) A request for advocacy services has been made on [his] such person's behalf;

(B) Such person does not indicate refusal to give consent to receipt to the information by the director;

(C) Such person resides in a facility for developmentally disabled persons, including any institution, as defined in subsection (a) of section 19a-490, as amended, or has been placed in a boarding home, group home or other residential facility pursuant to section 17a-277;

(D) Such person has received an explanation of the manner in which any information obtained concerning [him] such person will be used by the advocacy office;

(E) Such person has received an explanation of [his] such person's right to refuse to allow the director to request or receive such information; [,] and

(F) The director has documented [his] the director's conscientious efforts to provide the required explanations and verified that the developmentally disabled person has not indicated refusal to give consent.

Sec. 73. Section 46b-35 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The certificates required by sections 46b-24, [to 46b-27, inclusive,] as amended, 46b-24a, as amended, 46b-25 and 46b-29 to 46b-34, inclusive, or an affidavit recorded pursuant to subsection (b) of section 46b-34, shall be prima facie evidence of the facts stated in them.

Sec. 74. Subdivision (2) of subsection (a) of section 46b-220 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(2) "License" means each license, certification or permit to engage in a profession or occupation regulated pursuant to the provisions of title 19a, 20 or 21, a motor vehicle operator's license or a commercial driver's license issued by the Commissioner of Motor Vehicles in accordance with chapter 246, and [licensees] licenses and permits issued by the Department of Environmental Protection pursuant to part III of chapter 490. [of title 26; ]

Sec. 75. Section 47-34a of the general statutes, as amended by section 82 of public act 03-115, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Any person who knowingly injures, destroys, disturbs or removes any marker properly placed on any tract of land or street or highway line by a surveyor, or by any person at the direction of a surveyor, for the purpose of designating any point, course or line in the boundary of such tract of land, street or highway, shall be fined not less than five hundred dollars [nor] or more than one thousand dollars.

(b) Notwithstanding the provisions of subsection (a) of this section, a surveyor licensed under chapter 391, or a person acting at the direction of any such licensed surveyor, may remove an existing marker in order to place an upgraded marker in the same location.

(c) Any person who knowingly injures, destroys, disturbs or removes any monument that has been established by the National Geodetic Survey or Connecticut Geodetic Survey for use in the determination of spatial location relative to the Connecticut coordinate systems specified in section 13a-255, as amended, or precise elevation datum shall be fined not less than two thousand dollars [nor] or more than five thousand dollars.

Sec. 76. Subsection (b) of section 49-15 of the general statutes, as amended by section 9 of public act 03-202, is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Upon the filing of a bankruptcy petition by a mortgagor under Chapter 13 of Title 11 of the United States Code, any judgment against the mortgagor foreclosing the title to real estate by strict foreclosure shall be opened automatically without action by any party or the court, provided, the provisions of such judgment, other than the establishment of law days, shall not be set aside under this subsection; but no such judgment shall be opened after the title has become absolute in any encumbrancer or the mortgagee, or any person claiming under such encumbrancer or mortgagee. The mortgagor shall file a copy of the bankruptcy petition, or an affidavit setting forth the date the bankruptcy petition was filed, with the clerk of the court in which the foreclosure matter is pending. Upon the [determination] termination of the automatic stay authorized pursuant to 11 USC 362, the mortgagor shall file with such clerk an affidavit setting forth the date the stay was terminated.

Sec. 77. Subsection (a) of section 49-55a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Upon the possession of the vessel by a lienor, he shall cause a notice of a vessel lien, in quadruplicate, to be filed on a form provided by the Secretary of the State with the office of [said] the secretary on which he shall also indicate the date and place of the sale of the vessel, which date of sale shall be at least sixty days next succeeding the filing of the notice. The lienor shall, within seven days of the filing, send by certified mail a copy of [this] such notice to the person indicated as the owner of the vessel, and to anyone who has filed with the Secretary of the State claiming a legal or equitable interest in the vessel. The fees for [this] such notice and procedure shall be set by the Secretary of the State.

Sec. 78. Subsection (a) of section 49-92h of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Upon the possession of the aircraft by a lienor, he shall cause a notice of an aircraft lien, in quadruplicate, to be filed on a form provided by the Secretary of the State with the office of [said] the secretary on which he shall also indicate the date and place of the sale of the aircraft, which date of sale shall be at least sixty days next succeeding the filing of the notice. The lienor shall, within seven days of the filing, send by certified mail a copy of [this] such notice to the person indicated as the owner of the aircraft, and to anyone who has filed with the Secretary of the State claiming a legal or equitable interest in the aircraft. The fees for [this] such notice and procedure shall be set by the [secretary of the state] Secretary of the State.

Sec. 79. Subsection (d) of section 52-50 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) Service of motions for modification, motions for contempt and wage withholdings in any matter involving child support, including, but not limited to, petitions for support authorized under sections [17b-748] 17b-745, as amended, and 46b-215, as amended, and those matters involving a beneficiary of care or assistance from the state, may be made by a support enforcement officer or support services investigator of the Superior Court.

Sec. 80. Section 52-367a of the general statutes, as amended by section 48 of public act 03-2, section 22 of public act 03-62, section 40 of public act 03-84 and section 12 of public act 03-224, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) As used in this section and section 52-367b, as amended, "financial institution" means any bank, savings bank, savings and loan association or credit union organized, chartered or licensed under the laws of this state or the United States and having its main office in this state, or any similar out-of-state institution having a branch office in this state.

(b) Execution may be granted pursuant to this section against any debts due from any financial institution to a judgment debtor which is not a natural person. If execution is desired against any such debt, the plaintiff requesting the execution shall make application to the clerk of the court. The application shall be accompanied by a fee of thirty-five dollars payable to the clerk of the court for the administrative costs of complying with the provisions of this section which fee may be recoverable by the judgment creditor as a taxable cost of the action. The clerk shall issue such execution containing a direction that the officer serving such execution shall make demand (1) upon the main office of any financial institution having its main office within the county of the serving officer, or (2) if such main office is not within the serving officer's county and such financial institution has one or more branch offices within such county, upon an employee of such a branch office, such employee and branch office having been designated by the financial institution in accordance with regulations adopted by the Banking Commissioner, in accordance with chapter 54, for the payment of any debt due to the judgment debtor, and, after having made such demand, shall serve a true and attested copy thereof, with the serving officer's actions thereon endorsed, with the financial institution officer upon whom such demand is made.

(c) If any such financial institution upon which such execution is served and upon which such demand is made is indebted to the judgment debtor, the [banking] financial institution shall remove from the judgment debtor's account the amount of such indebtedness not exceeding the amount due on such execution. Except as provided in subsection (d) of this section, the [banking] financial institution shall immediately pay to such serving officer the amount removed from the judgment debtor's account, which amount shall be received and applied on such execution by such serving officer. Such financial institution shall act upon such execution according to section 42a-4-303 before its midnight deadline, as defined in section 42a-4-104. Nothing in this subsection shall be construed to affect any other rights or obligations of the [banking] financial institution with regard to funds in the judgment debtor's account.

(d) If the deposit account is subject to a security interest of a secured party, other than the [banking] financial institution upon which such execution is served and upon which such demand is made, pursuant to a control agreement between the [banking] financial institution and such secured party under article 9 of title 42a, and if any funds are removed from the judgment debtor's account pursuant to subsection (c) of this section, the [banking] financial institution shall forthwith mail a copy of the execution when received from the serving officer, postage prepaid, to the judgment debtor and to such other secured party at the last known address of such parties with respect to the affected accounts on the records of the [banking] financial institution. The [banking] financial institution shall hold the amount removed from the judgment debtor's account pursuant to subsection (c) of this section for twenty days from the date of the mailing to the judgment debtor and such other secured party, and during such period shall not pay the serving officer.

(e) To prevent the [banking] financial institution from paying the serving officer, as provided in subsection (h) of this section, such other secured party shall give notice of its prior perfected security interest in such deposit account, by delivering to the clerk of the court that issued the execution a written claim for determination of interests in property pursuant to section 52-356c and by delivering a copy of such claim to the [banking] financial institution upon which such execution is served.

(f) Upon receipt of a written claim for determination of interests in property made pursuant to subsection (e) of this section, the clerk of the court shall enter the appearance of the secured party with the address set forth in the written claim. The clerk shall forthwith send file-stamped copies of the written claim to the judgment creditor, the judgment debtor and the [banking] financial institution upon which such execution was served with a notice stating that the disputed funds are being held until a court order is entered regarding the disposition of the funds.

(g) If a written claim for determination of interests in property is made pursuant to subsection (e) of this section, the [banking] financial institution shall continue to hold the amount removed from the judgment debtor's account until a court order is received regarding disposition of the funds.

(h) If no written claim for determination of interests in property is made pursuant to subsection (e) of this section, the [banking] financial institution shall, upon demand, forthwith pay the serving officer the amount removed from the judgment debtor's account, and the serving officer shall thereupon pay such sum, less such serving officer's fees, to the judgment creditor, except to the extent otherwise ordered by a court.

(i) If a written claim for determination of interests in property is made pursuant to subsection (e) of this section, the clerk of the court, after a judgment or order is entered pursuant to section 52-356c, shall forthwith send a copy of such judgment or order to the [banking] financial institution. Such judgment or order shall be deemed to be a final judgment for the purposes of appeal. No appeal shall be taken except within seven days of the rendering of the judgment or order. The judgment or order of the court may be implemented during such seven-day period, unless stayed by the court.

(j) If records or testimony are subpoenaed from a [banking] financial institution in connection with a hearing conducted pursuant to section 52-356c on a written claim for determination of interests in property made pursuant to subsection (e) of this section, the reasonable costs and expenses of the [banking] financial institution in complying with the subpoena shall be recoverable by the [banking] financial institution from the party requiring such records or testimony, provided the [banking] financial institution shall be under no obligation to attempt to obtain records or documentation relating to the account executed against that are held by any other [banking] financial institution. The records of a [banking] financial institution as to the dates and amounts of deposits into an account in the [banking] financial institution shall, if certified as true and accurate by an officer of the [banking] financial institution, be admissible as evidence without the presence of the officer in any hearing conducted pursuant to section 52-356c to determine the legitimacy of a claim of an interest in property made under subsection (e) of this section.

(k) If such financial institution fails or refuses to pay over to such serving officer the amount of such debt, not exceeding the amount due on such execution, such financial institution shall be liable in an action therefor to the judgment creditor named in such execution, and the amount so recovered by such judgment creditor shall be applied toward the payment of the amount due on such execution.

(l) Except as provided in subsection (k) of this section, no [banking] financial institution or any officer, director or employee of such [banking] financial institution shall be liable to any person with respect to any act done or omitted in good faith or through the commission of a bona fide error that occurred despite reasonable procedures maintained by the [banking] financial institution to prevent such errors in complying with the provisions of this section.

(m) Nothing in this section shall in any way restrict the rights and remedies otherwise available to a judgment debtor or to any such secured party at law or in equity.

Sec. 81. Subsections (d) and (e) of section 52-367b of the general statutes, as amended by section 23 of public act 03-62 and section 13 of public act 03-224, are repealed and the following is substituted in lieu thereof (Effective from passage):

(d) If any funds are removed from the judgment debtor's account pursuant to subsection (c) of this section, upon receipt of the execution and exemption claim form from the serving officer, the financial institution shall forthwith mail copies thereof, postage prepaid, to the judgment debtor and to any secured party that is party to a control agreement between the [banking] financial institution and such secured party under article 9 of title 42a at the last known address of the judgment debtor and of any such secured party with respect to the affected accounts on the records of the financial institution. The financial institution shall hold the amount removed from the judgment debtor's account pursuant to subsection (c) of this section for fifteen days from the date of the mailing to the judgment debtor and any such secured party, and during such period shall not pay the serving officer.

(e) To prevent the financial institution from paying the serving officer, as provided in subsection (h) of this section, the judgment debtor shall give notice of a claim of exemption by delivering to the financial institution, by mail or other means, the exemption claim form or other written notice that an exemption is being claimed and any such secured party shall give notice of its claim of a prior perfected security interest in such deposit account by delivering to the [banking] financial institution, by mail or other means, written notice thereof. The financial institution may designate an address to which the notice of a claim of exemption, or a secured party claim notice, shall be delivered. Upon receipt of such notice, the financial institution shall, within two business days, send a copy of such notice to the clerk of the court which issued the execution.

Sec. 82. Subsection (a) of section 53-304 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Any person who neglects or refuses to furnish reasonably necessary support to the person's spouse, child under the age of eighteen or parent under the age of sixty-five shall be deemed guilty of nonsupport and shall be imprisoned not more than one year, unless the person shows to the court before which the trial is had that, owing to physical incapacity or other good cause, the person is unable to furnish such support. [Such] The court may suspend the execution of any community correctional center sentence imposed, upon any terms or conditions that it deems just, may suspend the execution of the balance of any such sentence in a like manner, and, in addition to any other sentence or in lieu thereof, may order that the person convicted shall pay to the Commissioner of Administrative Services directly or through Support Enforcement Services of the Superior Court, such support, in such amount as the court may find commensurate with the necessities of the case and the ability of such person, for such period as the court shall determine. Any such order of support may, at any time thereafter, be set aside or altered by [such] the court for cause shown. Failure of any defendant to make any payment may be punished as contempt of court and, in addition thereto or in lieu thereof, the court may order the issuance of a wage withholding in the same manner as is provided in section [17b-748,] 17b-745, as amended, which withholding order shall have the same precedence as is provided in section 52-362, as amended. The amounts withheld under such withholding order shall be remitted to the Department of Administrative Services by the person or corporation to whom the withholding order is presented at such intervals as such withholding order directs. For the purposes of this section, [the term] "child" [shall include] includes one born out of wedlock whose father has acknowledged in writing his paternity of such child or has been adjudged the father by a court of competent jurisdiction.

Sec. 83. Subsection (b) of 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):

(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.

Sec. 84. Subsection (c) of section 54-128 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) Any person who, during the service of a period of special parole imposed in accordance with subdivision (9) of subsection (b) of section 53a-28, has been returned to the custody of the Commissioner of Correction or any institution of the Department of Correction for violation of his parole, may be retained in the institution from which he was paroled for a period equal to the unexpired portion of the period of special parole. The total length of the term of incarceration and term of special parole combined shall not exceed the maximum sentence of incarceration authorized for the offense for which the person was convicted.

Sec. 85. Subsection (d) of section 2 of public act 03-114 is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) Any person under the minimum age for the purchase of alcoholic liquor under the provisions of chapter 545 who, for the purpose of gaining access to a gaming facility, (1) misrepresents such person's age, or (2) uses or exhibits (A) a forged, counterfeit or altered government-issued identity card, passport or motor vehicle operator's license, or (B) a government-issued identity card, passport or motor vehicle operator's license belonging to any other person, shall be fined not less than one hundred dollars [nor] or more than five hundred dollars or imprisoned not more than thirty days, or both.

Sec. 86. Subsection (b) of section 1 of public act 03-233 is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Any person who violates the provisions of subsection (a) of this section shall, for a first offense, be fined not less than one hundred fifty dollars [nor] or more than two hundred dollars or imprisoned not more than ninety days, or both, and, for any subsequent offense, be fined not less than two hundred dollars [nor] or more than six hundred dollars or imprisoned not more than one year, or both.

Sec. 87. Section 38 of public act 03-259 is repealed and the following is substituted in lieu thereof (Effective from passage):

[(a)] A violation of section 33 or sections 35 to 37, inclusive, of [this act] public act 03-259 shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b, provided the provisions of section 42-110g, as amended, shall not apply to such violation.

Sec. 88. Section 3 of public act 03-266 is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) No hospital shall refer to a collection agent, as defined in section [19-509b] 19a-509b, as amended, or initiate an action against an individual patient or such patient's estate to collect fees arising from care provided at a hospital on or after October 1, 2003, unless the hospital has made a determination that such individual is an uninsured patient, as defined in section 19a-673, as amended, and is not eligible for the hospital bed fund.

(b) Nothing in this section shall [effect] affect a hospital's ability to initiate an action against an individual patient or such patient's estate to collect coinsurance, deductibles or fees arising from care provided at a hospital where such coinsurance, deductibles or fees may be eligible for reimbursement through awards, settlements or judgments arising from claims, suits or proceedings. In addition, nothing in this section shall affect a hospital's ability to initiate an action against an individual patient or such patient's estate where payment or reimbursement has been made, or likely is to be made, directly to the patient.

Sec. 89. Section 7 of public act 03-267 is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) A person is guilty of abuse in the first degree when such person intentionally commits abuse of an elderly, blind, disabled or mentally retarded person and causes serious physical injury to such elderly, blind, disabled or mentally retarded [, or disabled] person.

(b) Abuse in the first degree is a class C felony.

Sec. 90. Subsection (c) of section 4-67u of the general statutes, as amended by section 1 of public act 03-145, is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) The State Prevention Council shall determine long-term goals, strategies and outcome measures to promote the health and well-being of children and families. Such goals include, but are not limited to: Cost-effective, research-based, early intervention strategies; an increase in pregnant women and newborns who are healthy; a decrease in the rate of child neglect and abuse; an increase in children who are ready for school; an increase in children who succeed in school; a decrease in children who are unsupervised after school; an increase in [youth] youths who choose healthy behaviors and become successful working adults; a decrease in juvenile suicide; a decrease in juvenile crime; and an increase in access to health care and stable housing. The council shall design a plan for inter-agency and intra-agency implementation of such goals and strategies and shall submit such plan, in accordance with section 11-4a, to the Secretary of the Office of Policy and Management and the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies not later than January 1, 2004.

Sec. 91. Section 7-174 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Such chief of police or first selectman, as the case may be, shall, on behalf of the executive director of the Division of Special Revenue, make or cause to be made an investigation of the qualifications of the applicant and the facts stated in the application and, if [he] such chief of police or first selectman determines that the applicant is qualified to hold, operate and conduct a bazaar or raffle under the provisions of sections 7-170 to 7-186, inclusive, that the members of the applicant designated in the application to hold, operate or conduct such bazaar or raffle are electors of such municipality, bona fide active members of the applicant and persons of good moral character and have never been convicted of a felony and that such bazaar or raffle is to be held, operated and conducted in accordance with the provisions of said sections, [he] such chief of police or first selectman shall, with the approval of the executive director, issue a permit to such applicant. Upon issuing such permit, such chief of police or first selectman shall forward to the executive director the state's share of the permit fee, if any. Any investigation required pursuant to this section of the qualifications of an applicant for a "Class No. 7" permit, authorized pursuant to section [7-174] 7-175, shall be made by the executive director of the Division of Special Revenue.

Sec. 92. Section 8-129 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The redevelopment agency shall determine the compensation to be paid to the persons entitled thereto for such real property and shall file a statement of compensation, containing a description of the property to be taken and the names of all persons having a record interest therein and setting forth the amount of such compensation, and a deposit as provided in section 8-130, with the clerk of the superior court for the judicial district in which the property affected is located. Upon filing such statement of compensation and deposit, the redevelopment agency shall forthwith cause to be recorded, in the office of the town clerk of each town in which the property is located, a copy of such statement of compensation, such recording to have the same effect [as] and to be treated the same as the recording of a lis pendens, and shall forthwith give notice, as [hereinafter] provided in this section, to each person appearing of record as an owner of property affected thereby and to each person appearing of record as a holder of any mortgage, lien, assessment or other encumbrance on such property or interest therein (a) [,] in the case of any such person found to be residing within this state, by causing a copy of such notice, with a copy of such statement of compensation, to be served upon each such person by a state marshal, constable or [an] indifferent person, in the manner set forth in section 52-57, as amended, for the service of civil process, and (b) [,] in the case of any such person who is a nonresident of this state at the time of the filing of such statement of compensation and deposit or of any such person whose whereabouts or existence is unknown, by mailing to each such person a copy of such notice and of such statement of compensation, by registered or certified mail, directed to his last-known address, and by publishing such notice and such statement of compensation at least twice in a newspaper published in the judicial district and having daily or weekly circulation in the town in which such property is located. Any such published notice shall state that it is notice to the widow or widower, heirs, representatives and creditors of the person holding such record interest, if such person is dead. If, after a reasonably diligent search, no last-known address can be found for any interested party, an affidavit stating such fact, and reciting the steps taken to locate such address, shall be filed with the clerk of the superior court and accepted in lieu of mailing to the last-known address. Not less than twelve days [nor] or more than ninety days after such notice and such statement of compensation have been so served or so mailed and first published, the redevelopment agency shall file with the clerk of the superior court a return of notice setting forth the notice given and, upon receipt of such return of notice, such clerk shall, without any delay or continuance of any kind, issue a certificate of taking setting forth the fact of such taking, a description of all the property so taken and the names of the owners and of all other persons having a record interest therein. The redevelopment agency shall cause such certificate of taking to be recorded in the office of the town clerk of each town in which such property is located. Upon the recording of such certificate, title to such property in fee simple shall vest in the municipality, and the right to just compensation shall vest in the persons entitled thereto. At any time after such certificate of taking has been so recorded, the redevelopment agency may repair, operate or insure such property and enter upon such property, and take [whatever] any action that is proposed with regard to such property by the project area redevelopment plan. The notice referred to above shall state [(a)] that (1) not less than twelve days [nor] or more than ninety days after service or mailing and first publication thereof, the redevelopment agency shall file, with the clerk of the superior court [of] for the judicial district in which such property is located, a return setting forth the notice given, [(b) that] (2) upon receipt of such return, such clerk shall issue a certificate for recording in the office of the town clerk of each town in which such property is located, [(c) that] (3) upon the recording of such certificate, title to such property shall vest in the municipality, the right to just compensation shall vest in the persons entitled thereto and the redevelopment agency may repair, operate or insure such property and enter upon such property and take [whatever] any action that may be proposed with regard thereto by the project area redevelopment plan, and [(d) that] (4) such notice shall bind the widow or widower, heirs, representatives and creditors of each person named therein who then or thereafter may be dead. When any redevelopment agency acting [in] on behalf of any municipality has acquired or rented real property by purchase, lease, exchange or gift in accordance with the provisions of this section, or in exercising its right of eminent domain has filed a statement of compensation and deposit with the clerk of the superior court and has caused a certificate of taking to be recorded in the office of the town clerk of each town in which such property is located as [herein] provided in this section, any judge of such court may, upon application and proof of such acquisition or rental or such filing and deposit and such recording, order such clerk to issue an execution commanding a state marshal to put such municipality and the redevelopment agency, as its agent, into peaceable possession of the property so acquired, rented or condemned. The provisions of this section shall not be limited in any way by the provisions of chapter 832.

Sec. 93. Section 8-132 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Any person claiming to be aggrieved by the statement of compensation filed by the redevelopment agency may, at any time within six months after the same has been filed, apply to the superior court for the judicial district in which such property is situated for a review of such statement of compensation so far as the same affects such applicant. The court, after causing notice of the pendency of such application to be given to [said] the redevelopment agency, may appoint a judge trial referee to make a review of the statement of compensation.

(b) If the court appoints a judge trial referee, [such] the judge trial referee, after giving at least ten days' notice to the parties interested of the time and place of hearing, shall hear the applicant and [said] the redevelopment agency, shall view the property and take such testimony as [such] the judge trial referee deems material and shall thereupon revise such statement of compensation in such manner as [such] the judge trial referee deems proper and forthwith report to the court. Such report shall contain a detailed statement of findings by the judge trial referee, sufficient to enable the court to determine the considerations upon which the judge trial referee's conclusions are based. The report of the judge trial referee shall take into account any evidence relevant to the fair market value of the property, including evidence of environmental condition and required environmental remediation. The judge trial referee shall make a separate finding for remediation costs and the property owner shall be entitled to a [setoff] set-off of such costs in any pending or subsequent action to recover remediation costs for the property. The court shall review the report, and may reject it for any irregular or improper conduct in the performance of the duties of [such] the judge trial referee. If the report is rejected, the court may appoint another judge trial referee to make such review and report. If the report is accepted, its statement of compensation shall be conclusive upon such owner and the redevelopment agency.

(c) If the court does not appoint a judge trial referee, the court, after giving at least ten days' notice to the parties interested of the time and place of hearing, shall hear the applicant and [said] the redevelopment agency and take such testimony as it deems material, may view the subject property, and shall make a finding regarding the statement of compensation. The findings of the court shall take into account any evidence relevant to the fair market value of the property, including evidence of environmental condition and required environmental remediation. The court shall make a separate finding for remediation costs and the property owner shall be entitled to a set-off of such costs in any pending or subsequent action to recover remediation costs for the property. The findings of the court shall be conclusive upon such owner and the redevelopment agency.

(d) If no appeal to the Appellate Court is filed within the time allowed by law, or if [one] an appeal is filed and the proceedings have terminated in a final judgment finding the amount due the property owner, the clerk shall send a certified copy of the statement of compensation and of the judgment to the redevelopment agency, which shall, upon receipt thereof, pay such property owner the amount due as compensation. The pendency of any such application for review shall not prevent or delay [whatever] any action that is proposed with regard to such property by the project area redevelopment plan.

Sec. 94. Subdivision (3) of section 20-417a of the general statutes, as amended by section 1 of public act 03-167 and section 146 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):

(3) "Contract" means any agreement between a new home construction contractor and a consumer for the construction or sale of a new home or any portion of a new home prior to occupancy.

Sec. 95. Section 26-40a of the general statutes, as amended by section 2 of public act 03-192 and section 146 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):

For the purposes of this section, the following wildlife, or any hybrid thereof, shall be considered as potentially dangerous animals: The felidae, including, but not limited to, the lion, leopard, cheetah, jaguar, ocelot, jaguarundi cat, puma, lynx and bobcat; the canidae, including, but not limited to, the wolf and coyote; and the ursidae, including, but not limited to, the black bear, grizzly bear and brown bear. No person shall possess a potentially dangerous animal. Any such animal illegally possessed may be ordered seized and may be disposed of as determined by the Commissioner of Environmental Protection. The Department of Environmental Protection shall issue a bill to the owner or person in illegal possession of such potentially dangerous animal for all costs of [confiscation] seizure, care, maintenance and disposal of such animal. Additionally, any person who violates any provision of this section shall be assessed a civil penalty not to exceed one thousand dollars, to be fixed by the court, for each offense. Each violation shall be a separate and distinct offense and in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Commissioner of Environmental Protection may request the Attorney General to institute an action in Superior Court to recover such penalty and any amounts owed pursuant to a bill issued in accordance with this section. The provisions of this section shall not apply to municipal parks, zoos and nature centers, or museums, laboratories and research facilities maintained by scientific or educational institutions; to a person possessing a Bengal cat certified by an internationally recognized multiple-cat domestic feline breeding association as being without wild parentage for a minimum of four prior generations which cat was registered with the Commissioner of Agriculture and Consumer Protection on or before October 1, 1996, provided no such cat may be imported into this state after June 6, 1996; or to persons possessing animals legally on or before May 23, 1983. In any action taken by any official of the state or any municipality to control rabies, a Bengal cat shall be considered not vaccinated for rabies in accordance with accepted veterinary practice.

Sec. 96. Subsection (b) of section 27-189 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The fees of all witnesses so summoned and of the [deputy sheriffs] state marshals, constables or indifferent persons serving such subpoenas shall be the same as provided for in civil actions in the state, and shall be taxed by the president of the court-martial or by the summary court officer.

Sec. 97. Section 45a-690 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

For the purposes of sections 45a-690 to 45a-700, inclusive:

[(a)] (1) "Sterilization" means a surgical or other medical procedure, the purpose of which is to render an individual permanently incapable of procreating;

[(b)] (2) "Informed consent" means consent that is [(1)] (A) based upon an understanding of the nature and consequences of sterilization, [; (2)] (B) given by a person competent to make such a decision, and [(3)] (C) wholly voluntary and free from coercion, express or implied;

[(c)] (3) "Institution" means a state school or hospital or other residential facility operated or leased by the state of Connecticut; and

[(d)] (4) "Best interest" shall include all of the following factors: [(1)] (A) Less drastic alternative contraceptive methods have proved unworkable or inapplicable, [(2)] (B) the individual is physiologically sexually mature, [(3)] (C) there is no evidence of infertility, [(4)] (D) the individual has the capability and a reasonable opportunity for sexual activity, [(5)] (E) the individual is unable to understand reproduction or contraception and there exists the likely permanence of that inability, [(6)] (F) the physical or emotional inability to care for the child, [(7)] (G) the proponents of the sterilization are seeking sterilization in good faith and their primary concern is for the best interests of the respondent rather than their own convenience or the convenience of the public, and [(8)] (H) in the case of females, procreation would endanger the life or severely impair the health of the individual.

Sec. 98. Subsection (a) of section 2 of public act 03-251 is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The advisory group for the Connecticut Juvenile Training School, established pursuant to subsection (b) of section 17a-6, as amended, and the Connecticut Juvenile Training School public safety committee, established pursuant to section 17a-27f, shall provide an on-going review of the Connecticut Juvenile Training School with recommendations for improvement or enhancement. The review shall include, but not be limited to:

(1) The number, age, ethnicity and race of the residents placed at the training school, including the court locations that sentenced them, the number sentenced from each court location and the [offense] offenses for which [the child was] they were sentenced;

(2) The percentage of [children] residents in need of substance abuse treatment and the programming interventions provided to assist residents;

(3) A review of the program and policies of the facility;

(4) The [educational/literacy] educational and literacy programs available to the residents, including the educational level of residents, the number of residents requiring special education and related services, including school attendance requirements, the number of [children] residents who are educated in the alternative school and the reasons for such education;

(5) The vocational training programs available to the residents and the actual number of residents enrolled in each training program, including all vocational attendance requirements;

(6) The delinquency recidivism rates of such residents, which [will] shall include the number of children discharged to residential placement, the number of children discharged due to expiration of the period of commitment and the number of children returned to the Connecticut Juvenile Training School;

(7) The diagnosis of each [child] resident after intake assessment;

(8) The costs associated with the operation of the training school, including staffing costs and average cost per resident; and

(9) Reintegration strategies and plans to transition the [children] residents to their home communities.

Sec. 99. Subsection (b) of section 3 of public act 03-251 is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Each report required pursuant to subsection (a) of this section shall summarize the information and recommendations specified in section 2 of [this act] public act 03-251 and shall also include such other information that the Department of Children and Families has identified [that requires] as requiring immediate legislative action.

Sec. 100. Subsections (b) and (c) of section 14-215 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Except as provided in subsection (c) of this section, any person who violates any provision of subsection (a) of this section shall, for a first offense, be fined not less than one hundred fifty dollars [nor] or more than two hundred dollars or imprisoned not more than ninety days, or be both fined and imprisoned, [for the first offense,] and, for any subsequent offense, shall be fined not less than two hundred dollars [nor] or more than six hundred dollars or imprisoned not more than one year, or be both fined and imprisoned.

(c) Any person who operates any motor vehicle during the period [his] such person's operator's license or right to operate a motor vehicle in this state is under suspension or revocation on account of a violation of subsection (a) of section 14-227a, as amended, or section 53a-56b or 53a-60d or pursuant to section 14-227b, as amended, shall be fined not less than five hundred dollars [nor] or more than one thousand dollars and imprisoned not more than one year, and, in the absence of any mitigating circumstances as determined by the court, thirty consecutive days of the sentence imposed may not be suspended or reduced in any manner. The court shall specifically state in writing for the record the mitigating circumstances, or the absence thereof.

Sec. 101. Subsection (g) of section 14-227a of the general statutes, as amended by section 1 of public act 03-265 and section 47 of public act 03-278, is repealed and the following is substituted in lieu thereof (Effective from passage):

(g) Any person who violates any provision of subsection (a) of this section shall: (1) For conviction of a first violation, (A) be fined not less than five hundred dollars or more than one thousand dollars, and (B) be (i) imprisoned not more than six months, forty-eight consecutive hours of which may not be suspended or reduced in any manner, or (ii) imprisoned not more than six months, with the execution of such sentence of imprisonment suspended entirely and a period of probation imposed requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege suspended for one year; (2) for conviction of a second violation within ten years after a prior conviction for the same offense, (A) be fined not less than one thousand dollars or more than four thousand dollars, (B) be imprisoned not more than two years, one hundred twenty consecutive days of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) (i) have such person's motor vehicle operator's license or nonresident operating privilege suspended for three years or until the date of such person's twenty-first birthday, whichever is longer, or (ii) if such person has been convicted of a violation of subdivision (1) of subsection (a) of this section on account of being under the influence of intoxicating liquor or of subdivision (2) of subsection (a) of this section, have such person's motor vehicle operator's license or nonresident operating privilege suspended for one year and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section [3 of this act] 2 of public act 03-265; and (3) for conviction of a third and subsequent violation within ten years after a prior conviction for the same offense, (A) be fined not less than two thousand dollars or more than eight thousand dollars, (B) be imprisoned not more than three years, one year of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege permanently revoked upon such third offense. For purposes of the imposition of penalties for a second or third and subsequent offense pursuant to this subsection, a conviction under the provisions of subsection (a) of this section in effect on October 1, 1981, or as amended thereafter, a conviction under the provisions of either subdivision (1) or (2) of subsection (a) of this section, a conviction under the provisions of section 53a-56b or 53a-60d or a conviction in any other state of any offense the essential elements of which are determined by the court to be substantially the same as subdivision (1) or (2) of subsection (a) of this section or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense.

Sec. 102. Subsection (a) of section 17b-451 of the general statutes, as amended by section 3 of public act 03-267, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Any physician or surgeon licensed under the provisions of chapter 370, any resident physician or intern in any hospital in this state, whether or not so licensed, any registered nurse, any nursing home administrator, nurse's aide or orderly in a nursing home facility, any person paid for caring for a patient in a nursing home facility, any staff person employed by a nursing home facility, any patients' advocate and any licensed practical nurse, medical examiner, dentist, optometrist, chiropractor, podiatrist, social worker, clergyman, police officer, pharmacist, psychologist or physical therapist, who has reasonable cause to suspect or believe that any elderly person has been abused, neglected, exploited or abandoned, or is in a condition which is the result of such abuse, neglect, exploitation or abandonment, or [who] is in need of protective services, shall, not later than seventy-two hours after such suspicion or belief arose, report such information or cause a report to be made in any reasonable manner to the Commissioner of Social Services or to the person or persons designated by the commissioner to receive such reports. Any person required to report under the provisions of this section who fails to make such report within the prescribed time period shall be fined not more than five hundred dollars, except that, if such person intentionally fails to make such report within the prescribed time period, such person shall be guilty of a class C misdemeanor for the first offense and a class A misdemeanor for any subsequent offense.

Sec. 103. Section 20-14i of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Any provisions to the contrary notwithstanding, chapter 378 shall not prohibit the administration of medication to persons attending day programs, or residing in residential facilities, under the jurisdiction of the Departments of Children and Families, Correction, Mental Retardation and Mental Health and Addiction Services, or being detained in juvenile detention centers, when such medication is administered by trained persons, pursuant to the written order of a physician licensed under this chapter, a dentist licensed under chapter 379, an advanced practice registered nurse licensed to prescribe in accordance with section 20-94a or a physician assistant licensed to prescribe in accordance with section 20-12d, authorized to prescribe such medication. The provisions of this section shall not apply to institutions, facilities or programs licensed pursuant to chapter 368v.

Sec. 104. Subsection (d) of section 20-427 of the general statutes, as amended by section 2 of public act 03-186, is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) The commissioner may, after notice and hearing in accordance with the provisions of chapter 54, impose a civil penalty on any person who engages in or practices the work or occupation for which a certificate of registration is required by this chapter without having first obtained such a certificate of registration or who wilfully employs or supplies for employment a person who does not have such a certificate of registration or who wilfully and falsely pretends to qualify to engage in or practice such work or occupation, or who engages in or practices any of the work or occupations for which a certificate of registration is required by this chapter after the expiration of [his] such person's certificate of registration or who violates any of the provisions of this chapter or the regulations adopted pursuant thereto. Such penalty shall be in an amount not more than five hundred dollars for a first violation of this subsection, not more than seven hundred fifty dollars for a second violation of this subsection occurring not more than three years after a prior violation, not more than one thousand five hundred dollars for a third or subsequent violation of this subsection occurring not more than three years after a prior violation and, in the case of radon mitigation work, such penalty shall be not less than two hundred fifty dollars. Any civil penalty collected pursuant to this subsection shall be deposited in the [Consumer Protection Enforcement Fund] consumer protection enforcement account established in section 21a-8a, as amended.

Sec. 105. Subsection (c) of section 20-432 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) Payments received under subsection (b) of this section shall be credited to the guaranty fund until the balance in such fund equals seven hundred fifty thousand dollars. Annually, if such fund has an excess, the first four hundred thousand dollars of the excess shall be deposited into the [Consumer Protection Enforcement Fund] consumer protection enforcement account established in section 21a-8a, as amended. Any excess thereafter shall be deposited in the General Fund. Any money in the guaranty fund may be invested or reinvested in the same manner as funds of the state employees retirement system, and the interest arising from such investments shall be credited to the guaranty fund.

Sec. 106. Subsection (a) of section 36a-582 of the general statutes, as amended by section 2 of public act 04-14, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) Each applicant for a check cashing license shall pay to the commissioner [,] a nonrefundable initial application fee of one thousand dollars and a nonrefundable license fee of one hundred dollars for each location. Each licensee shall pay to the commissioner a nonrefundable location transfer fee of one hundred dollars for each application to transfer a location. Each license issued pursuant to section 36a-581, as amended by [this act] public act 04-14, shall expire at the close of business on June thirtieth of each year unless such license is renewed. Each licensee shall, on or before June twentieth of each year, pay to the commissioner a renewal application fee of seven hundred fifty dollars and a renewal license fee for each location of fifty dollars for the succeeding year, commencing July first.

Sec. 107. Subdivision (1) of section 36a-715 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(1) "First mortgage loan" has the same meaning as provided in [subsection (1)] subdivision (6) of section 36a-485.

Sec. 108. Subsection (f) of section 45a-676 of the general statutes, as amended by section 5 of public act 03-51, is repealed and the following is substituted in lieu thereof (Effective from passage):

(f) In selecting a plenary guardian or limited guardian of the person with mental retardation, the court shall be guided by the best interests of the respondent, including, but not limited to, the preference of the respondent as to who should be appointed as plenary guardian or limited guardian. No person shall be excluded from serving as a plenary guardian or limited guardian solely because [he] such person is employed by the Department of Mental Retardation, except that (1) no such employee may be appointed as a plenary guardian or limited guardian of a person with mental retardation residing in a state-operated residential facility for [the mentally retarded] persons with mental retardation located in the Department of Mental Retardation region in which such person is employed; and (2) no such employee shall be so appointed unless no other suitable person to serve as plenary guardian or limited guardian can be found. Any appointment of an employee of the Department of Mental Retardation as a plenary guardian or limited guardian shall be made for a limited purpose and duration. During the term of appointment of any such employee, the Commissioner of Mental Retardation shall search for a suitable person who is not an employee of the department to replace such employee as plenary guardian or limited guardian.

Sec. 109. Subsection (e) of section 45a-677 of the general statutes, as amended by section 6 of public act 03-51 and section 97 of public act 03-278, is repealed and the following is substituted in lieu thereof (Effective from passage):

(e) A plenary guardian or limited guardian of a person with mental retardation shall not have the power or authority: (1) To cause the ward to be admitted to any institution for treatment of the mentally ill, except in accordance with the provisions of sections 17a-75 to 17a-83, inclusive, 17a-456 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, 17a-615 to 17a-618, inclusive, and 17a-621 to 17a-664, inclusive, and chapter 420b; (2) to cause the ward to be admitted to any training school or other facility provided for the care and training of [the mentally retarded] persons with mental retardation if there is a conflict concerning such admission between the guardian and the person with mental retardation or next of kin, except in accordance with the provisions of sections 17a-274, as amended, and 17a-275; (3) to consent on behalf of the ward to a sterilization, except in accordance with the provisions of sections 45a-690 to 45a-700, inclusive; (4) to consent on behalf of the ward to psychosurgery, except in accordance with the provisions of section 17a-543, as amended; (5) to consent on behalf of the ward to the termination of the ward's parental rights, except in accordance with the provisions of sections 45a-706 to 45a-709, inclusive, 45a-715 to 45a-718, inclusive, 45a-724 to 45a-737, inclusive, and 45a-743 to 45a-757, inclusive; (6) to consent on behalf of the ward to the performance of any experimental biomedical or behavioral medical procedure or participation in any biomedical or behavioral experiment, unless it (A) is intended to preserve the life or prevent serious impairment of the physical health of the ward, (B) is intended to assist the ward to regain the ward's abilities and has been approved for the ward by the court, or (C) has been (i) approved by a recognized institutional review board, as defined by 45 CFR 46, 21 CFR 50 and 21 CFR 56, as amended from time to time, which is not a part of the Department of Mental Retardation, (ii) endorsed or supported by the Department of Mental Retardation, and (iii) approved for the ward by such ward's primary care physician; (7) to admit the ward to any residential facility operated by an organization by whom such guardian is employed, except in accordance with the provisions of section 17a-274, as amended; (8) to prohibit the marriage or divorce of the ward; and (9) to consent on behalf of the ward to an abortion or removal of a body organ, except in accordance with applicable statutory procedures when necessary to preserve the life or prevent serious impairment of the physical or mental health of the ward.

Sec. 110. Section 45a-716 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Upon receipt of a petition for termination of parental rights, the Court of Probate, or the Superior Court [,] on a case transferred to it from the Court of Probate in accordance with the provisions of subsection (g) of section 45a-715, shall set a time and place for hearing the petition. The time for hearing shall be not more than thirty days after the filing of the petition.

(b) The court shall cause notice of the hearing to be given to the following persons, as applicable: (1) The parent or parents of the minor child, including any parent who has been removed as guardian on or after October 1, 1973, under section 45a-606; (2) the father of any minor child born out of wedlock, provided at the time of the filing of the petition (A) he has been adjudicated the father of such child by a court of competent jurisdiction, [or] (B) he has acknowledged in writing that he is the father of such child, [or] (C) he has contributed regularly to the support of such child, [or] (D) his name appears on the birth certificate, [or] (E) he has filed a claim for paternity as provided under section 46b-172a, or (F) he has been named in the petition as the father of the child by the mother; (3) the guardian or any other person whom the court shall deem appropriate; and (4) the Commissioner of Children and Families. If the recipient of the notice is a person described in subdivision (1) or (2) of this subsection or is any other person whose parental rights are sought to be terminated in the petition, the notice shall contain a statement that the respondent has the right to be represented by counsel and that if the respondent is unable to pay for counsel, counsel will be appointed for the respondent. The reasonable compensation for such counsel shall be established by, and paid from funds appropriated to, the Judicial Department, however, in the case of a Probate Court matter, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.

(c) Except as provided in subsection (d) of this section, notice of the hearing and a copy of the petition, certified by the petitioner, the petitioner's agent or attorney, or the [court] clerk of the court, shall be served at least ten days before the date [for] of the hearing by personal service or service at the person's usual place of abode on the persons enumerated in subsection (b) of this section who are within the state, and by certified mail, return receipt requested, on the Commissioner of Children and Families. If the address of any person entitled to personal service or service at the person's usual place of abode is unknown, or if personal service or service at the person's usual place of abode cannot be reasonably effected within the state, or if any person enumerated in subsection (b) of this section is out of the state, a judge or the clerk of the court shall order notice to be given by registered or certified mail, return receipt requested, or by publication at least ten days before the date of the hearing. Any such publication shall be in a newspaper of general circulation in the place of the last-known address of the person to be notified, whether within or without this state, or, if no such address is known, in the place where the [termination] petition has been filed.

(d) In any proceeding pending in the Court of Probate, in lieu of personal service on a parent or the father of a child born out of wedlock who is either a petitioner or who signs under penalty of false statement a written waiver of personal service on a form provided by the Probate Court Administrator, the court may order notice to be given by certified mail, return receipt requested, deliverable to addressee only, [and] at least ten days [prior to] before the date of the hearing. If such delivery cannot reasonably be effected, or if the whereabouts of the parents is unknown, [then] notice shall be ordered to be given by publication [,] as provided in subsection (c) of this section.

Sec. 111. Section 6 of public act 03-267 is repealed and the following is substituted in lieu thereof (Effective from passage):

For the purposes of sections 6 to [10] 9, inclusive, of [this act] public act 03-267:

(1) "Person" means any natural person, corporation, partnership, limited liability company, unincorporated business or other business entity;

(2) "Elderly person" means any person who is sixty years of age or older;

(3) "Blind person" means any person who is blind, as defined in section 1-1f;

(4) "Disabled person" means any person who is physically disabled, as defined in section 1-1f;

(5) "Mentally retarded person" means any person with mental retardation, as defined in section 1-1g;

(6) "Abuse" means any repeated act or omission that causes physical injury or serious physical injury to an elderly, blind, disabled or mentally retarded person, except when (A) the act or omission is a part of the treatment and care, and in furtherance of the health and safety, of the elderly, blind, disabled or mentally retarded person, or (B) the act or omission is based upon the instructions, wishes, consent, refusal to consent or revocation of consent of an elderly, blind, disabled or mentally retarded person, or the legal representative of an incapable elderly, blind, disabled or mentally retarded person. For purposes of this subdivision, "repeated" means an act or omission that occurs on two or more occasions;

(7) "Intentionally" means "intentionally" as defined in subdivision (11) of section 53a-3;

(8) "Knowingly" means "knowingly" as defined in subdivision (12) of section 53a-3;

(9) "Recklessly" means "recklessly" as defined in subdivision (13) of section 53a-3;

(10) "Physical injury" means "physical injury" as defined in subdivision (3) of section 53a-3; and

(11) "Serious physical injury" means "serious physical injury" as defined in subdivision (4) of section 53a-3.

Sec. 112. Subsection (d) of section 17b-10 of the general statutes, as amended by section 1 of public act 04-166, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(d) In lieu of submitting proposed regulations by the date specified in subsection (c) of this section, the department may submit to the legislative regulation review committee a notice not later than thirty-five days before such date that the department will not be able to submit the proposed regulations on or before such date and shall include in such notice (1) the reasons why the department will not submit the proposed regulations by such date, and (2) the date by which the department will submit the proposed regulations. The legislative regulation review committee may require the department to appear before the committee at a time prescribed by the committee to further explain [the reasons for the request] such reasons and to respond to any questions by the committee about the policy. The legislative regulation review committee may request the joint standing committee of the General Assembly having cognizance of matters relating to human services to review the department's policy, the department's reasons for not submitting the proposed regulations by the date specified in subsection (c) of this section and the date by which the department will submit the proposed regulations. Said joint standing committee may review the policy, such reasons and such date, may schedule a hearing thereon and may make a recommendation to the legislative regulation review committee.

Sec. 113. Section 1-24 of the general statutes, as amended by section 1 of public act 03-278, is repealed and the following is substituted in lieu thereof (Effective from passage):

The following officers may administer oaths: (1) The clerks of the Senate, the clerks of the House of Representatives and the chairpersons of committees of the General Assembly or of either branch thereof, during its session; (2) state officers, as defined in subsection (t) of section 9-1, judges and clerks of any court, family support magistrates, judge trial referees, justices of the peace, commissioners of the Superior Court, notaries public, town clerks and assistant town clerks, in all cases where an oath may be administered, except in a case where the law otherwise requires; (3) commissioners on insolvent estates, auditors, arbitrators and committees, to parties and witnesses, in all cases tried before them; (4) assessors and boards of assessment appeals, in cases coming before them; (5) commissioners appointed by governors of other states to take the acknowledgment of deeds, in the discharge of their official duty; (6) the moderator of a school district meeting, in such meeting, to the clerk of such district, as required by law; (7) the first selectman, in any matter before the board of selectmen; (8) the Chief Medical Examiner, Deputy Medical Examiner and assistant medical examiners of the Office of the Medical Examiner, in any matter before them; (9) registrars of vital statistics, in any matter before them; (10) any chief inspector or inspector appointed pursuant to section 51-286; (11) registrars of voters, deputy registrars, assistant registrars, and moderators, in any matter before them; (12) special assistant registrars, in matters provided for in subsections (b) and (c) of section 9-19b and section 9-19c; (13) the Commissioner of Public Safety and any sworn member of any local police department or the Division of State Police within the Department of Public Safety, in all affidavits, statements, depositions, complaints or reports made to or by any member of any local police department or said Division of State Police or any constable who is under the supervision of said commissioner or any of such officers of said Division of State Police and who is certified under the provisions of sections 7-294a to 7-294e, inclusive, and performs criminal law enforcement duties; (14) judge advocates of the United States Army, Navy, Air Force and Marine Corps, law specialists of the United States Coast Guard, adjutants, assistant adjutants, acting adjutants and personnel adjutants, commanding officers, executive officers and officers whose rank is lieutenant commander or major, or above, of the armed forces, as defined in section 27-103, as amended, to persons serving with or in the armed forces, as defined in said section, or their spouses; (15) investigators, deputy investigators, investigative aides, secretaries, clerical assistants, social workers, social worker trainees, paralegals and certified legal interns employed by or assigned to the Public Defender Services Commission in the performance of their assigned duties; (16) bail commissioners employed by the Judicial Department in the performance of their assigned duties; (17) juvenile matter investigators employed by the Division of Criminal Justice in the performance of their assigned duties; (18) the chairperson of the Connecticut Siting Council or the chairperson's designee; (19) the presiding officer at an agency hearing under section 4-177b; (20) family relations counselors employed by the Judicial Department and support enforcement officers and investigators employed by the Department of Social Services Bureau of Child Support Enforcement and the Judicial Department, in the performance of their assigned duties; (21) the chairperson, vice-chairperson and members of the Board of Parole, [parole officers and parole supervisors] in the performance of their assigned duties; and (22) the Commissioner of Correction or the commissioner's designee.

Sec. 114. Subsection (a) of section 1-217 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) No public agency may disclose, under the Freedom of Information Act, the residential address of any of the following persons:

(1) A federal court judge, federal court magistrate, judge of the Superior Court, Appellate Court or Supreme Court of the state, or family support magistrate;

(2) A sworn member of a municipal police department or a sworn member of the Division of State Police within the Department of Public Safety;

(3) An employee of the Department of Correction;

(4) An attorney-at-law who represents or has represented the state in a criminal prosecution;

(5) An attorney-at-law who is or has been employed by the Public Defender Services Division or a social worker who is employed by the Public Defender Services Division;

(6) An inspector employed by the Division of Criminal Justice;

(7) A firefighter;

(8) An employee of the Department of Children and Families;

(9) A member [or employee] of the Board of Parole;

(10) An employee of the judicial branch; or

(11) A member or employee of the Commission on Human Rights and Opportunities.

Sec. 115. Subsection (e) of section 14-10 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(e) In the event (1) a federal court judge, federal court magistrate or judge of the Superior Court, Appellate Court or Supreme Court of the state, (2) a member of a municipal police department or a member of the Division of State Police within the Department of Public Safety, (3) an employee of the Department of Correction, (4) an attorney-at-law who represents or has represented the state in a criminal prosecution, or (5) a member [or employee] of the Board of Parole submits a written request and furnishes such individual's business address to the commissioner, such business address only shall be disclosed or available for public inspection to the extent authorized by this section.

Sec. 116. Section 18-100d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Notwithstanding any other provision of the general statutes, any person convicted of a crime committed on or after October 1, 1994, shall be subject to supervision by personnel of the Department of Correction [or the Board of Parole] until the expiration of the maximum term or terms for which [he] such person was sentenced.

Sec. 117. Subsection (g) of section 46a-152 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(g) Nothing in this section shall be construed as limiting the justified use of physical force by a local, state or federal law enforcement official or an employee of the [Board of Parole] Department of Correction responsible for the supervision of persons released on parole while in the performance of such official's or employee's duties.

Sec. 118. Subsection (b) of section 51-5c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) (1) The following information contained in the registry of protective orders shall not be subject to disclosure and may be accessed only in accordance with this section, unless otherwise ordered by the court: (A) Any information that would identify a person protected by an order contained in the registry; (B) any information that is confidential pursuant to state or federal law, including, but not limited to, any information that is confidential pursuant to a court order; and (C) any information entered in the registry pursuant to an ex parte order prior to a hearing by a court having jurisdiction over the parties and the subject matter.

(2) Any employee of the Judicial Department authorized by policies and procedures adopted by the Chief Court Administrator shall have access to such information. The Chief Court Administrator may grant access to such information to personnel of the Department of Public Safety, the Department of Correction, [the Board of Parole,] the Psychiatric Security Review Board, the Division of Criminal Justice, any municipal or tribal police department within this state or any other agency, organization or person determined by the Chief Court Administrator, pursuant to policies and procedures adopted by the Chief Court Administrator, to have a legitimate interest in the information contained in the registry. Any person who obtains such information pursuant to this subdivision may use and disclose the information only in the performance of such person's duties.

(3) Except as provided in subsection (c) of this section, the information contained in the registry shall be provided to and may be accessed through the Connecticut on-line law enforcement communications teleprocessing system maintained by the Department of Public Safety. Nothing in this section shall be construed to permit public access to the Connecticut on-line law enforcement communications teleprocessing system.

Sec. 119. Section 53a-22 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) For purposes of this section, a reasonable belief that a person has committed an offense means a reasonable belief in facts or circumstances which if true would in law constitute an offense. If the believed facts or circumstances would not in law constitute an offense, an erroneous though not unreasonable belief that the law is otherwise does not render justifiable the use of physical force to make an arrest or to prevent an escape from custody. A peace officer or an authorized official of the Department of Correction [or the Board of Parole] who is effecting an arrest pursuant to a warrant or preventing an escape from custody is justified in using the physical force prescribed in subsections (b) and (c) of this section unless such warrant is invalid and is known by such officer to be invalid.

(b) Except as provided in subsection (a) of this section, a peace officer or authorized official of the Department of Correction [or the Board of Parole] is justified in using physical force upon another person when and to the extent that he reasonably believes such to be necessary to: (1) Effect an arrest or prevent the escape from custody of a person whom he reasonably believes to have committed an offense, unless he knows that the arrest or custody is unauthorized; or (2) defend himself or a third person from the use or imminent use of physical force while effecting or attempting to effect an arrest or while preventing or attempting to prevent an escape.

(c) A peace officer or authorized official of the Department of Correction [or the Board of Parole] is justified in using deadly physical force upon another person for the purposes specified in subsection (b) of this section only when he reasonably believes such to be necessary to: (1) Defend himself or a third person from the use or imminent use of deadly physical force; or (2) effect an arrest or prevent the escape from custody of a person whom he reasonably believes has committed or attempted to commit a felony which involved the infliction or threatened infliction of serious physical injury and if, where feasible, he has given warning of his intent to use deadly physical force.

(d) Except as provided in subsection (e) of this section, a person who has been directed by a peace officer or authorized official of the Department of Correction [or the Board of Parole] to assist such peace officer or official to effect an arrest or to prevent an escape from custody is justified in using reasonable physical force when and to the extent that he reasonably believes such to be necessary to carry out such peace officer's or official's direction.

(e) A person who has been directed to assist a peace officer or authorized official of the Department of Correction [or the Board of Parole] under circumstances specified in subsection (d) of this section may use deadly physical force to effect an arrest or to prevent an escape from custody only when: (1) He reasonably believes such to be necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force; or (2) he is directed or authorized by such peace officer or official to use deadly physical force, unless he knows that the peace officer or official himself is not authorized to use deadly physical force under the circumstances.

(f) A private person acting on his own account is justified in using reasonable physical force upon another person when and to the extent that he reasonably believes such to be necessary to effect an arrest or to prevent the escape from custody of an arrested person whom he reasonably believes to have committed an offense and who in fact has committed such offense; but he is not justified in using deadly physical force in such circumstances, except in defense of person as prescribed in section 53a-19.

Sec. 120. Subsection (a) of section 53a-167c of the general statutes, as amended by section 1 of public act 03-6 and section 126 of public act 03-19, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) A person is guilty of assault of public safety or emergency medical personnel when, with intent to prevent a reasonably identifiable peace officer, firefighter or employee of an emergency medical service organization, as defined in section 53a-3, emergency room physician or nurse, employee of the Department of Correction, [employee or] member of the Board of Parole, probation officer, employee of the judicial branch assigned to provide pretrial secure detention and programming services to juveniles accused of the commission of a delinquent act, employee of the Department of Children and Families assigned to provide direct services to children and youth in the care or custody of the department or employee of a municipal police department assigned to provide security at the police department's lockup and holding facility from performing his or her duties, and while such peace officer, firefighter, employee, physician, nurse, member or probation officer is acting in the performance of his or her duties, (1) such person causes physical injury to such peace officer, firefighter, employee, physician, nurse, member or probation officer, or (2) such person throws or hurls, or causes to be thrown or hurled, any rock, bottle, can or other article, object or missile of any kind capable of causing physical harm, damage or injury, at such peace officer, firefighter, employee, physician, nurse, member or probation officer, or (3) such person uses or causes to be used any mace, tear gas or any like or similar deleterious agent against such peace officer, firefighter, employee, physician, nurse, member or probation officer, or (4) such person throws or hurls, or causes to be thrown or hurled, any paint, dye or other like or similar staining, discoloring or coloring agent or any type of offensive or noxious liquid, agent or substance at such peace officer, firefighter, employee, physician, nurse, member or probation officer, or (5) such person throws or hurls, or causes to be thrown or hurled, any bodily fluid including, but not limited to, urine, feces, blood or saliva at such peace officer, firefighter, employee, physician, nurse, member or probation officer.

Sec. 121. Subsection (d) of section 54-102g of the general statutes, as amended by section 1 of public act 03-242, is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) Any person who has been convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are defined in section 54-250, or a felony, and is serving a period of probation or parole, and who has not submitted to the taking of a blood or other biological sample pursuant to subsection (a), (b) or (c) of this section, shall, prior to discharge from the custody of the Court Support Services Division or the [Board of Parole] Department of Correction and at such time as said division or [board] department may specify, submit to the taking of a blood or other biological sample for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.

Sec. 122. Section 54-125g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Notwithstanding the provisions of sections 18-100d, as amended by this act, 54-124c and 54-125a, any person who has six months or less to the expiration of the maximum term or terms for which such person was sentenced, may be allowed to go at large on parole provided such person agrees (1) to be subject to supervision by personnel of the [Board of Parole] Department of Correction for a period of one year, and (2) to be retained in the institution from which such person was paroled for a period equal to the unexpired portion of the term of his or her sentence if such person is found to have violated the terms or conditions of his or her parole. Any person subject to the provisions of subdivision (1) or (2) of subsection (b) of section 54-125a shall only be eligible to go at large on parole under this section after having served ninety-five per cent of the definite sentence imposed.

Sec. 123. Section 54-127 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The request of the Commissioner of Correction or any officer of the Department of Correction so designated by the commissioner, or of the Board of Parole [,] or its chairman [or any officer of the Board of Parole designated by the chairman] shall be sufficient warrant to authorize any officer of the Department of Correction [or of the Board of Parole, as the case may be,] or any officer authorized by law to serve criminal process within this state, to return any convict or inmate on parole into actual custody; and any such officer, police officer, constable or state marshal shall arrest and hold any parolee or inmate when so requested, without any written warrant.

Sec. 124. Subsection (a) of section 54-128 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Any paroled [convict or] inmate who has been returned to [the custody of the Commissioner of Correction or] any institution of the Department of Correction for violation of [his] such inmate's parole may be retained in [the institution from which he was paroled] a correctional institution for a period equal to the unexpired portion of the term of [his] such inmate's sentence at the date of the request or order for [his] such inmate's return less any commutation or diminution of [his] such inmate's sentence earned except that the Board of Parole may, in its discretion, determine that [he] such inmate shall forfeit any or all of such earned time, or may be again paroled by said board.

Sec. 125. Subsection (b) of section 54-131d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The Board of Parole may require as a condition of release on medical parole periodic diagnoses as described in section 54-131c. If after review of such diagnoses the board finds that a parolee released pursuant to sections 54-131a to 54-131g, inclusive, is no longer so debilitated or incapacitated as to be physically incapable of presenting a danger to society, such parolee shall be returned to [the custody] any institution of the Department of Correction.

Sec. 126. Section 13 of public act 04-139 is repealed and the following is substituted in lieu thereof (Effective from passage):

The Commissioner of Correction shall prohibit any person who has been convicted of a crime that requires registration pursuant to chapter 969 of the general statutes from [having access to] using a computer with Internet access while such person is in the custody of the commissioner and confined in a correctional facility.

Sec. 127. Subsection (a) of section 1 of public act 04-155 is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) All civil actions brought to recover damages resulting from personal injury or wrongful death, whether in tort or in contract, in which it is alleged that such injury or death resulted from the negligence of a health care provider, [as defined in section 52-184b of the general statutes,] shall be referred to mandatory mediation pursuant to this section, unless the parties have agreed to refer the civil action to an alternative dispute resolution program. For the purposes of this subsection, "health care provider" means a provider, as defined in subsection (b) of section 20-7b, or an institution, as defined in section 19a-490, as amended by section 2 of public act 03-274.

Sec. 128. Subsection (c) of section 52-192a of the general statutes, as amended by section 8 of public act 04-155, is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) With respect to any civil action brought to recover damages resulting from personal injury or wrongful death, whether in tort or in contract, in which it is alleged that such injury or death resulted from the negligence of a health care provider, [as defined in section 52-184b,] and where the cause of action accrued on or after the effective date of this section, if the court ascertains from the record that the plaintiff has recovered an amount equal to or greater than the sum certain stated in the plaintiff's offer of judgment, the court shall add to the amount so recovered eight per cent annual interest on said amount, except that if the plaintiff has recovered an amount that is more than twice the sum certain stated in the plaintiff's offer of judgment, the court shall add to the amount so recovered (1) eight per cent annual interest on the portion of the amount recovered that is equal to or less than twice the sum certain stated in such offer of judgment, and (2) four per cent annual interest on the portion of the amount recovered that is more than twice the sum certain stated in such offer. For the purposes of this subsection, "health care provider" means a provider, as defined in subsection (b) of section 20-7b, or an institution, as defined in section 19a-490, as amended by section 2 of public act 03-274.

Sec. 129. Subdivision (1) of subsection (c) of section 52-251c of the general statutes, as amended by section 15 of public act 04-155, is repealed and the following is substituted in lieu thereof (Effective from passage):

(1) Whenever a claimant in a medical malpractice [case] claim or civil action enters into a contingency fee arrangement with an attorney which provides for a fee that would exceed the percentage limitations set forth in subsection (b) of this section, such arrangement shall not be valid unless the claimant's attorney files an application with the court for approval of such arrangement and the court, after a hearing, grants such application. The claimant's attorney shall attach to such application a copy of such fee arrangement and the proposed unsigned writ, summons and complaint in the case. Such fee arrangement shall provide that the attorney will advance all costs in connection with the investigation and prosecution or settlement of the case and the claimant will not be liable for the reimbursement of the attorney for any such costs if there is no recovery.

Sec. 130. Subdivision (2) of subsection (e) of section 52-251c of the general statutes, as amended by section 15 of public act 04-155, is repealed and the following is substituted in lieu thereof (Effective from passage):

(2) For the purposes of this section and with respect to a medical malpractice [case] claim or civil action in which an application was granted by a court pursuant to subsection (c) of this section, "damages awarded and received" means in a [medical malpractice] civil action in which final judgment is entered, that amount of the judgment or amended judgment entered by the court that is received by the claimant after deduction for any disbursements made or costs incurred by the attorney in connection with the investigation and prosecution or settlement of the civil action, other than ordinary office overhead and expense, for which the claimant is liable; and "settlement amount received" means in a [medical malpractice] claim or civil action in which no final judgment is entered, the amount received by the claimant pursuant to a settlement agreement after deduction for any disbursements made or costs incurred by the attorney in connection with the investigation and prosecution or settlement of the claim or civil action, other than ordinary office overhead and expense, for which the claimant is liable.

Sec. 131. Section 52-251c of the general statutes, as amended by section 15 of public act 04-155, is amended by adding subsection (f) as follows (Effective from passage):

(NEW) (f) For the purposes of this section, "medical malpractice claim or civil action" means a claim or civil action brought to recover damages resulting from personal injury or wrongful death, whether in tort or in contract, in which it is alleged that such injury or death resulted from the negligence of a health care provider, and "health care provider " means a provider, as defined in subsection (b) of section 20-7b, or an institution, as defined in section 19a-490, as amended by section 2 of public act 03-274.

Sec. 132. Section 18 of public act 04-155 is repealed and the following is substituted in lieu thereof (Effective from passage):

Whenever in a civil action to recover damages resulting from personal injury or wrongful death, whether in tort or in contract, in which it is alleged that such injury or death resulted from the negligence of a health care provider, the jury renders a verdict specifying noneconomic damages, as defined in section 52-572h of the general statutes, in an amount exceeding one million dollars, the court shall review the evidence presented to the jury to determine if the amount of noneconomic damages specified in the verdict is excessive as a matter of law in that it so shocks the sense of justice as to compel the conclusion that the jury was influenced by partiality, prejudice, mistake or corruption. If the court so concludes, it shall order a remittitur and, upon failure of the party so ordered to remit the amount ordered by the court, it shall set aside the verdict and order a new trial. For the purposes of this section, "health care provider" means a provider, as defined in subsection (b) of section 20-7b, or an institution, as defined in section 19a-490, as amended by section 2 of public act 03-274.

Sec. 133. Section 38a-395 of the general statutes, as amended by section 16 of public act 04-155, is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) As used in this section:

(1) "Claim" means a request for indemnification filed by a [medical professional or entity] physician, surgeon, hospital, advanced practice registered nurse or physician assistant pursuant to a professional liability policy for a loss for which a reserve amount has been established by an insurer;

(2) "Closed claim" means a claim that has been settled, or otherwise disposed of, where the insurer has made all indemnity and expense payments on the claim; and

(3) "Insurer" means an insurer, as defined in section 38a-1, as amended, that insures a [medical professional or entity] physician, surgeon, hospital, advanced practice registered nurse or physician assistant against professional liability. "Insurer" includes, but is not limited to, a captive insurer or a self-insured person.

(b) On and after January 1, 2005, each insurer shall provide to the Insurance Commissioner a closed claim report, on such form as the commissioner prescribes, in accordance with this section. The insurer shall submit the report not later than ten days after the last day of the calendar quarter in which a claim is closed. The report shall only include information about claims settled under the laws of this state.

(c) The closed claim report shall include:

(1) Details about the insured and insurer, including: (A) The name of the insurer; (B) the professional liability insurance policy limits and whether the policy was an occurrence policy or was issued on a claims-made basis; (C) the name, address, health care provider professional license number and specialty coverage of the insured; and (D) the insured's policy number and a unique claim number.

(2) Details about the injury or loss, including: (A) The date of the injury or loss that was the basis of the claim; (B) the date the injury or loss was reported to the insurer; (C) the name of the institution or location at which the injury or loss occurred; (D) the type of injury or loss, including a severity of injury rating that corresponds with the severity of injury scale that the Insurance Commissioner shall establish based on the severity of injury scale developed by the National Association of Insurance Commissioners; and (E) the name, age and gender of any injured person covered by the claim. Any individually identifiable health information, as defined in 45 CFR 160. 103, as from time to time amended, submitted pursuant to this subdivision shall be confidential. The reporting of the information is required by law. If necessary to comply with federal privacy laws, including the Health Insurance Portability and Accountability Act of 1996, [P. L. 104-191] (P.L. 104-191) (HIPAA), as from time to time amended, the insured shall arrange with the insurer to release the required information.

(3) Details about the claims process, including: (A) Whether a lawsuit was filed, and if so, in which court; (B) the outcome of such lawsuit; (C) the number of other defendants, if any; (D) the stage in the process when the claim was closed; (E) the dates of the trial; (F) the date of the judgment or settlement, if any; (G) whether an appeal was filed, and if so, the date filed; (H) the resolution of the appeal and the date such appeal was decided; (I) the date the claim was closed; (J) the initial indemnity and expense reserve for the claim; and (K) the final indemnity and expense reserve for the claim.

(4) Details about the amount paid on the claim, including: (A) The total amount of the initial judgment rendered by a jury or awarded by the court; (B) the total amount of the settlement if there was no judgment rendered or awarded; (C) the total amount of the settlement if the claim was settled after judgment was rendered or awarded; (D) the amount of economic damages, as defined in section 52-572h, or the insurer's estimate of the amount in the event of a settlement; (E) the amount of noneconomic damages, as defined in section 52-572h, or the insurer's estimate of the amount in the event of a settlement; (F) the amount of any interest awarded due to failure to accept an offer of judgment; (G) the amount of any remittitur or additur; (H) the amount of final judgment after remittitur or additur; (I) the amount paid by the insurer; (J) the amount paid by the defendant due to a deductible or a judgment or settlement in excess of policy limits; (K) the amount paid by other insurers; (L) the amount paid by other defendants; (M) whether a structured settlement was used; (N) the expense assigned to and recorded with the claim, including, but not limited to, defense and investigation costs, but not including the actual claim payment; and (O) any other information the commissioner determines to be necessary to regulate the professional liability insurance industry with respect to [medical professionals and entities] physicians, surgeons, hospitals, advanced practice registered nurses or physicians assistants, ensure the industry's solvency and ensure that such liability insurance is available and affordable.

(d) (1) The commissioner shall establish an electronic database composed of closed claim reports filed pursuant to this section.

(2) The commissioner shall compile the data included in individual closed claim reports into an aggregated summary format and shall prepare a written annual report of the summary data. The report shall provide an analysis of closed claim information including a minimum of five years of comparative data, when available, trends in frequency and severity of claims, itemization of damages, timeliness of the claims process, and any other descriptive or analytical information that would assist in interpreting the trends in closed claims.

(3) The annual report shall include a summary of rate filings for professional liability insurance for [medical professionals and entities] physicians, surgeons, hospitals, advanced practice registered nurses or physicians assistants, which have been approved by the department for the prior calendar year, including an analysis of the trend of direct losses, incurred losses, earned premiums and investment income as compared to prior years. The report shall include base premiums charged by [medical malpractice] insurers for each specialty and the number of providers insured by specialty for each insurer.

(4) Not later than March 15, 2006, and annually thereafter, the commissioner shall submit the annual report to the joint standing committee of the General Assembly having cognizance of matters relating to insurance in accordance with section 11-4a. The commissioner shall also (A) make the report available to the public, (B) post the report on its Internet site, and (C) provide public access to the contents of the electronic database after the commissioner establishes that the names and other individually identifiable information about the claimant and practitioner have been removed.

(e) The Insurance Commissioner shall provide the Commissioner of Public Health with electronic access to all information received pursuant to this section. The Commissioner of Public Health shall maintain the confidentiality of such information in the same manner and to the same extent as required for the Insurance Commissioner.

Sec. 134. Section 19 of public act 04-155 is repealed and the following is substituted in lieu thereof (Effective July 1, 2004, and applicable to taxable years commencing on or after January 1, 2004):

(a) Any resident of this state, as defined in subdivision (1) of subsection (a) of section 12-701, who is a physician licensed pursuant to chapter 370 and who is subject to the tax imposed under chapter 229 for any taxable year shall be entitled to a credit in determining the amount of tax liability under said chapter, for a portion, as permitted by this section, of the amount of medical malpractice insurance premiums first becoming due and actually paid during such taxable year by such person in accordance with this section.

(b) The credit allowed under this section shall be equal to one hundred per cent of the amount by which the medical malpractice insurance premiums first becoming due and actually paid during such taxable year by such person exceed twenty-five per cent of the person's Connecticut taxable income, provided such credit shall not exceed an amount equal to fifteen per cent of such premiums.

(c) The credit may only be used to reduce such qualifying taxpayer's tax liability for the year for which such credit is applicable and shall not be used to reduce such tax liability to less than zero.

(d) The amount of tax due pursuant to sections 12-705 and 12-722 shall be calculated without regard to this credit.

(e) Any physician who has had, at any time, a judgment entered against him or her as a defendant in a civil action to recover damages for personal injury or wrongful death resulting from the acts or omissions of such physician in the medical diagnosis, care or treatment of a person shall not be entitled to a credit under this section.

Sec. 135. (Effective from passage) Section 54-124d of the general statutes is repealed.

Sec. 136. (Effective from passage) Section 36 of public act 04-234 is repealed.

Approved on June 14, 2004