House Bill No. 5846

Public Act No. 06-187

AN ACT CONCERNING GENERAL BUDGET AND REVENUE IMPLEMENTATION PROVISIONS.

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

Section 1. Section 12-19b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) Not later than April first in any assessment year, any town or borough to which a grant is payable under the provisions of section 12-19a shall provide the Secretary of the Office of Policy and Management with the assessed valuation of the real property eligible therefor as of the first day of October immediately preceding, adjusted in accordance with any gradual increase in or deferment of assessed values of real property implemented in accordance with section 12-62c or subsection (e) of section 12-62a, which is required for computation of such grant. Any town which neglects to transmit to the secretary the assessed valuation as required by this section shall forfeit two hundred fifty dollars to the state, provided the secretary may waive such forfeiture in accordance with procedures and standards adopted by regulation in accordance with chapter 54. Said secretary may on or before the first day of August of the state fiscal year in which such grant is payable, reevaluate any such property when, in the secretary's judgment, the valuation is inaccurate and shall notify such town of such reevaluation by certified or registered mail. Any town or borough aggrieved by the action of the secretary under the provisions of this section may, not later than ten business days following receipt of such notice, appeal to the secretary for a hearing concerning such reevaluation. Such appeal shall be in writing and shall include a statement as to the reasons for such appeal. The secretary shall, not later than ten business days following receipt of such appeal, grant or deny such hearing by notification in writing, including in the event of a denial, a statement as to the reasons for such denial. Such notification shall be sent by certified or registered mail. If any town or borough is aggrieved by the action of the secretary following such hearing or in denying any such hearing, the town or borough may not later than ten business days after receiving such notice, appeal to the superior court for the judicial district wherein such town is located. Any such appeal shall be privileged.

(b) Notwithstanding the provisions of section 12-19a or subsection (a) of this section, there shall be an amount due the municipality of Voluntown, on or before the thirtieth day of September, annually, with respect to any state-owned forest, of an additional sixty thousand dollars, which amount shall be paid from the annual appropriation, from the General Fund, for reimbursement to towns for loss of taxes on private tax-exempt property.

Sec. 2. Subsection (c) of section 12-20b of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(c) Notwithstanding the provisions of section 12-20a or subsection (a) of this section, the amount due the city of New London, on or before the thirtieth day of September, annually, with respect to the United States Coast Guard Academy in New London, shall be [five hundred thousand] one million dollars, which amount shall be paid from the annual appropriation, from the General Fund, for reimbursement to towns for loss of taxes on private tax-exempt property.

Sec. 3. (NEW) (Effective July 1, 2006) (a) There is established an Office of Ombudsman for Property Rights which shall be within the Office of Policy and Management for administrative purposes only. The Office of Ombudsman for Property Rights shall be under the direction of an Ombudsman for Property Rights who shall be appointed in accordance with section 4 of this act.

(b) The Office of Ombudsman for Property Rights shall:

(1) Develop and maintain expertise in, and understanding of, the (A) provisions of the federal and state constitutions governing the taking of private property and provisions of state law authorizing a public agency to take private property, and (B) case law interpreting such provisions;

(2) At the request of a public agency, assist the public agency in applying constitutional and statutory provisions concerning eminent domain;

(3) At the request of a public agency, provide assistance in analyzing actions that have potential eminent domain implications;

(4) At the request of a private property owner, provide assistance concerning eminent domain procedures;

(5) Identify state or local governmental actions that have potential eminent domain implications and, if appropriate, advise the appropriate public agency about such implications;

(6) Provide information to private citizens, civic groups and other interested parties about eminent domain law and their rights with respect to eminent domain;

(7) Mediate disputes between private property owners and public agencies concerning the use of eminent domain or related relocation assistance as provided in section 5 of this act, and the Office of Ombudsman for Property Rights may, within available appropriations, hire an independent real estate appraiser to assist in such mediation; and

(8) Recommend to the General Assembly changes that, in the opinion of the Ombudsman for Property Rights, should be made to the general statutes related to eminent domain powers and procedures.

(c) For the purposes of this section and sections 4 to 10, inclusive, of this act, "public agency" means a public agency, as defined in section 1-200 of the general statutes, with the power to acquire property through eminent domain and includes an entity authorized to acquire property through eminent domain on behalf of the public agency.

Sec. 4. (NEW) (Effective July 1, 2006) The Ombudsman for Property Rights shall be appointed by the Governor in accordance with sections 4-5 to 4-8, inclusive, of the general statutes, as amended by this act. The Ombudsman for Property Rights shall be an elector of the state who is an attorney admitted to practice law in this state with expertise or experience in the field of real estate law or land use regulation.

Sec. 5. (NEW) (Effective July 1, 2006) (a) The Ombudsman for Property Rights shall adopt regulations, in accordance with chapter 54 of the general statutes, to establish a mediation procedure for requests to mediate eminent domain or relocation assistance disputes filed with the Office of Ombudsman for Property Rights. Such regulations shall also establish criteria to be used by the Ombudsman for Property Rights in determining whether to accept or reject a request for mediation.

(b) If a request to mediate an eminent domain or relocation assistance dispute is filed with the Ombudsman for Property Rights, pursuant to this section, any party to the dispute may file a motion in the superior court to stay any related action during the pendency of mediation under this section or the consideration of a request for such mediation under this section. The court shall grant such motion for cause shown and the order shall provide that the stay shall terminate upon motion of either party or, in the event no motion is filed, on the earlier of: (1) The resolution of the dispute through mediation; or (2) the earlier of (A) the expiration of any period for conducting mediation pursuant to regulations adopted pursuant to subsection (a) of this section, or (B) a decision by the Ombudsman for Property Rights to deny a request for mediation.

Sec. 6. (NEW) (Effective July 1, 2006) Each public agency shall (1) comply with reasonable requests of the Office of Ombudsman for Property Rights for information and assistance, and (2) participate in mediation if requested to do so by the Office of Ombudsman for Property Rights.

Sec. 7. (NEW) (Effective July 1, 2006) No employee of the Office of Ombudsman for Property Rights may:

(1) Be employed by, or hold a position on, any public agency other than the Office of Ombudsman for Property Rights;

(2) Receive or have the right to receive, directly or indirectly, remuneration under a compensation arrangement with respect to an eminent domain procedure; or

(3) Knowingly accept employment with a public agency for a period of one year following termination of that person's services with the Office of Ombudsman for Property Rights.

Sec. 8. (NEW) (Effective July 1, 2006) The Ombudsman for Property Rights may apply for and accept grants, gifts and bequests of funds from other states, federal and interstate agencies and independent authorities and private firms, individuals and foundations, for the purpose of carrying out the responsibilities of the Office of Ombudsman for Property Rights.

Sec. 9. (NEW) (Effective July 1, 2006) There is established, within the General Fund, an Ombudsman for Property Rights account that shall be a separate nonlapsing account. Any funds received under this section shall, upon deposit in the General Fund, be credited to said account and may be used by the Office of Ombudsman for Property Rights in the performance of its duties.

Sec. 10. (NEW) (Effective July 1, 2006) Each public agency seeking to acquire property by eminent domain shall: (1) Before filing a statement of compensation pursuant to section 8-129 of the general statutes, as amended by this act, or otherwise initiating an eminent domain action, make a reasonable effort to negotiate with the property owner for the purchase of the property; and (2) as early in the negotiation process for the real property as practicable, but not later than fourteen days before filing such statement of compensation or otherwise initiating the eminent domain action, unless the court for good cause allows a shorter period: (A) Advise the property owner of the services provided by the Ombudsman for Property Rights appointed pursuant to section 4 of this act, and the mediation available under section 5 of this act, (B) provide the name, address and telephone number of the Ombudsman for Property Rights, and (C) provide the property owner with a written statement explaining that oral representations or promises made during the negotiation process are not binding on the public agency seeking to acquire the property by eminent domain. The information provided under subparagraphs (A) to (C), inclusive, of this subdivision shall be in such form as the Ombudsman for Property Rights prescribes.

Sec. 11. Section 4-5 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

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

Sec. 12. Subdivision (12) of subsection (a) of section 32-9t of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(12) "Eligible municipality" means (A) a municipality with an area designated as an enterprise zone pursuant to section 32-70, (B) a distressed municipality, as defined in subsection (b) of section 32-9p, [or] (C) a municipality that has a population in excess of one hundred thousand, or (D) any municipality that the commissioner determines is connected with the relocation of an out-of-state operation or the expansion of an existing facility that will result in a capital investment by a company of not less than fifty million dollars.

Sec. 13. (Effective from passage) Section 8 of public act 06-186 shall take effect from passage.

Sec. 14. (NEW) (Effective July 1, 2006) (a) The Labor Commissioner, in consultation with the Commissioner of Economic and Community Development and the Commissioner of Education, shall, within available appropriations, establish and operate the Twenty-First Century Skills Training Program, the purposes of which shall be to: (1) Sustain high growth occupation and economically vital industries identified by such commissioners; and (2) assist workers in obtaining skills to start or move up their career ladder. Such job training program may include training designed to increase the basic skills of employees, including, but not limited to, training in written and oral communication, mathematics or science, or training in technical and technological skills and such other training as such commissioners determine is necessary to meet the needs of the employer. No more than five per cent of the appropriation for the program may be used for administrative purposes.

(b) Not less than fifty per cent of the cost of such training shall be borne by the employer requesting the training.

(c) The Labor Commissioner is authorized to adopt, pursuant to chapter 54 of the general statutes, any regulations required to carry out this section.

Sec. 15. Section 4-89 of the general statutes is amended by adding subsection (i) as follows (Effective July 1, 2006):

(NEW) (i) The provisions of this section shall not apply to appropriations to the Labor Department, from the General Fund, for the federal Workforce Investment Act. Such appropriations shall not lapse.

Sec. 16. (Effective from passage) There is established a juvenile jurisdiction planning and implementation committee that shall consist of the following members: (1) Six members of the General Assembly, one of whom shall be appointed by the speaker of the House of Representatives, one of whom shall be appointed by the president pro tempore of the Senate, one of whom shall be appointed by the majority leader of the House of Representatives, one of whom shall be appointed by the majority leader of the Senate, one of whom shall be appointed by the minority leader of the House of Representatives and one of whom shall be appointed by the minority leader of the Senate; (2) the chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and human services, or their designees; (3) the Chief Court Administrator, or the Chief Court Administrator's designee; (4) the Commissioner of Children and Families, or the commissioner's designee; (5) the Commissioner of Correction, or the commissioner's designee; (6) a judge of the superior court assigned to hear juvenile matters, appointed by the Chief Justice; (7) the Chief Public Defender, or the Chief Public Defender's designee; (8) the Child Advocate, or the Child Advocate's designee; (9) the Chief State's Attorney, or the Chief State's Attorney's designee; (10) the Secretary of the Office of Policy and Management, or the secretary's designee; and (11) four members of the advocacy community, two of whom shall be appointed by each of the cochairs of the Juvenile Court Jurisdiction Committee. The members of the General Assembly appointed by the speaker of the House of Representatives and the president pro tempore of the Senate shall serve as the cochairs of the committee. All appointments to the committee shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority. The chairpersons of the committee shall schedule the first meeting of the committee to be held not later than sixty days after the effective date of this section. The committee shall plan for the implementation of any changes in the juvenile justice system that would be required in order to extend jurisdiction in delinquency matters and proceedings to include sixteen-year-old and seventeen-year-old children within the Superior Court for Juvenile Matters. On or before February 1, 2007, the committee shall submit a report, in accordance with section 11-4a of the general statutes, on the committee's findings, together with any recommendations for appropriate legislation, to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and human services.

Sec. 17. Section 29-179f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) There shall be in the Division of State Police within the Department of Public Safety a [state-wide cooperative crime control task force] State Urban Violence and Cooperative Crime Control Task Force that shall conduct and coordinate investigations in connection with crimes of violence and other criminal activity deemed beyond the ability of local authorities to contain.

(b) [The] Upon agreement between the chief elected official or chief of police of any municipality and the Commissioner of Public Safety, the task force may conduct any investigation [authorized by this section] under the direction of the Commissioner of Public Safety, or the commissioner's designee, at any place within the state [as may be deemed] it deems necessary.

(c) The task force may request and may receive from any federal, state or local agency, cooperation and assistance in the performance of its duties, including the temporary assignment of personnel necessary to carry out the performance of its functions.

(d) The task force may enter into mutual assistance and cooperation agreements with other states pertaining to law enforcement matters extending across state boundaries and may consult and exchange information and personnel with agencies of other states with reference to law enforcement problems of mutual concern.

(e) The Commissioner of Public Safety shall appoint a commanding officer and other personnel as he deems necessary for the duties of the task force, within available appropriations.

(f) In order to participate in and utilize the task force, a municipality shall petition the Commissioner of Public Safety for assistance. Such petition shall contain [plans for continuing community programs, including, but not limited to, the enforcement of housing and health codes, street clean-up, graffiti removal and condemnation and demolition of abandoned buildings] a description of the problem, a record of the efforts made to solve or contain the problem by local authorities and a request for the deployment of the task force to address specific problems or investigations. The task force may deploy subject to agreement as described in subsection (b) of this section. Municipalities participating in the task force shall assign local resources and personnel to the extent of their ability to do so.

(g) The Commissioner of Public Safety may select such personnel from any municipality of the state as the commissioner deems necessary to act as temporary special state police officers to carry out the duties of the task force.

(h) Any municipal police officer while assigned to duty with the task force and working at the direction of the Commissioner of Public Safety, or the commissioner's designee, shall, when acting within the scope of such officer's authority, have the same powers, duties, privileges and immunities as are conferred upon a state police officer.

(i) Each municipality shall be responsible for the full payment of the compensation of personnel temporarily assigned to the task force and such salary shall be payable to such assigned personnel while on duty with the task force.

(j) For purposes of indemnification of such personnel and its municipalities against any losses, damages or liabilities arising out of the service and activities of the task force, personnel while assigned to, and performing the duties of, the task force shall be deemed to be acting as employees of the state.

Sec. 18. Section 2 of public act 05-4 of the October 25 special session is repealed and the following is substituted in lieu thereof (Effective June 1, 2006):

(a) For purposes of this section, "residential weatherization products" means programmable thermostats, window film, caulking, window and door weather strips, insulation, water heater blankets, water heaters, natural gas and propane furnaces and boilers that meet the federal Energy Star standard, windows and doors that meet the federal Energy Star standard, oil furnaces and boilers that are not less than eighty-five per cent efficient and ground-based heat pumps that meet the minimum federal energy efficiency rating.

(b) Notwithstanding the provisions of the general statutes, from November 25, 2005, to April 1, 2006, and from June 1, 2006, to June 30, 2007, the provisions of chapter 219 of the general statutes shall not apply to sales of any residential weatherization products.

Sec. 19. (NEW) (Effective from passage and applicable to projects with a commencement date on or after September 1, 2005) (a) As used in this section:

(1) "Approved employment expansion project" means an employment expansion project approved by the commissioner pursuant to subsection (e) of this section.

(2) "Commencement date" means the commencement date of the approved employment expansion project as provided in the certificate of eligibility issued by the commissioner pursuant to subsection (f) of this section.

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

(4) "Constituent corporation" means any corporation that holds or has held an interest in the sponsor of an approved employment expansion project (A) as a general partner, limited partner, member or otherwise, and (B) is subject to tax under chapter 208 of the general statutes either directly or by virtue of holding an interest in such sponsor.

(5) "Employment expansion project" means a project: (A) That will result in the creation of at least four hundred new jobs in this state over a period of not more than five full income years following the income year in which the commencement date occurs; (B) for which the allowance to the constituent corporations of credits under this section will be necessary to attract the project to this state; (C) that will be economically viable and will generate direct and indirect economic benefits to the state; and (D) that is, in the judgment of the commissioner, consistent with the strategic economic development priorities of the state and the municipality or municipalities in which the new jobs are to be created.

(6) "Income year" shall have the same meaning as in subdivision (5) of subsection (a) of section 12-213 of the 2006 supplement to the general statutes.

(7) "New employee" means a person hired by a sponsor or a constituent corporation to fill a new job full-time in this state. A new employee does not include a person who was employed in Connecticut by a related person with respect to the sponsor or constituent corporation during the prior twelve months. The aggregate number of new employees at the end of any income year shall be equal to the excess, if any, of the (A) aggregate number of employees employed in this state by the sponsor and constituent corporations at the end of any income year, less (B) the aggregate number of employees employed in this state by the sponsor and constituent corporations on the commencement date.

(8) "New job" means a full-time job that (A) did not exist in this state prior to the sponsor's application to the commissioner for a certificate of eligibility under this section, and (B) is filled by a new employee. "New job" does not include a job created when an employee is shifted from an existing location in this state of the sponsor or any constituent corporation to such job.

(9) "Sponsor" means a partnership, limited partnership, limited liability company or other entity that is treated as a pass-through entity for federal income tax purposes.

(10) "Full-time job" means a job in which an employee is required to work at least thirty-five or more hours per week. A full-time job does not include a temporary or seasonal job.

(11) "Related person" means (A) a corporation, limited liability company, partnership, association or trust controlled by the taxpayer, (B) an individual, corporation, limited liability company, partnership, association or trust that is in control of the taxpayer, (C) a corporation, limited liability company, partnership, association or trust controlled by an individual, corporation, limited liability company, partnership, association or trust that is in control of the taxpayer, or (D) a member of the same controlled group as the taxpayer.

(12) "Control", with respect to a corporation, means ownership, directly or indirectly, of stock possessing fifty per cent or more of the total combined voting power of all classes of the stock of such corporation entitled to vote. "Control", with respect to a trust, means ownership, directly or indirectly, of fifty per cent or more of the beneficial interest in the principal or income of such trust. The ownership of stock in a corporation, of a capital or profits interest in a partnership, limited liability company or association or of a beneficial interest in a trust shall be determined in accordance with the rules for constructive ownership of stock provided in Section 267(c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, other than paragraph (3) of said Section 267(c).

(b) (1) There shall be allowed to each constituent corporation such credits that the constituent corporation otherwise would have been allowed under chapter 208 of the general statutes had such constituent corporation itself conducted its pro rata share of the business conducted by the sponsor during any relevant income year.

(2) Credits shall be allowable under this section for each of the five full income years following the income year in which the commencement date occurs.

(c) (1) For the purposes of chapter 208 of the general statutes, each constituent corporation shall be deemed to have itself conducted its pro rata share of the business conducted by the sponsor.

(2) The pro rata share of the business conducted by the sponsor that shall be deemed to have been conducted by each constituent corporation shall be the same percentage as such constituent corporation's distributive share of the profit or loss of the sponsor for any relevant income year.

(3) The limitation of section 12-217zz of the general statutes shall be applied on the return of each constituent corporation or on the combined return filed by two or more constituent corporations.

(d) Any sponsor of an employment expansion project may submit an application for a certificate of eligibility to the commissioner in accordance with the provisions of this section. The application shall contain sufficient information to establish that the project is an employment expansion project, and shall include information concerning (1) the location or locations of the new jobs, (2) the number of new jobs to be created in each of the five full income years following the income year in which the commencement date occurs, (3) the physical infrastructure that might be created, renovated or expanded, (4) feasibility studies or business plans for the project, and (5) such other information the commissioner determines is necessary to demonstrate the financial viability of the employment expansion project. The commissioner may impose a fee for such application as the commissioner deems appropriate.

(e) (1) The commissioner, upon consideration of the application and any additional information that the commissioner requires concerning a proposed employment expansion project, may approve the project if the commissioner finds that the project is an employment expansion project. If the commissioner rejects an application, the commissioner shall specifically identify the defects in the application and specifically explain the reasons for such rejection. The commissioner shall render a decision on an application not later than ninety days after its receipt by the commissioner.

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

(3) The commissioner shall require the applicant to reimburse the commissioner for all or any part of the cost of any activities performed in the exercise of due diligence reviewing an application pursuant to this subsection.

(f) Upon approving an employment expansion project, the commissioner shall issue a certificate of eligibility certifying that the applicant has complied with the provisions of this section. The certificate of eligibility shall set forth the commencement date, as well as any other requirements the commissioner deems appropriate.

(g) Each constituent corporation claiming a credit or credits allowed under this section shall retain a copy of the certificate of eligibility issued under subsection (f) of this section and a copy of the certificate of continuing eligibility issued under subsection (g) of this section for each income year for which a credit is claimed for at least as long as such income year would otherwise be subject to audit.

(h) The credits allowed under this section may be used by constituent corporations joining in a combined corporation business tax return under section 12-223a of the general statutes.

(i) Any constituent corporation allowed a credit under this section may assign such credit to another constituent corporation, provided such other constituent corporation may claim such credit only with respect to an income year for which the assigning constituent corporation would have been eligible to claim such credit and such other constituent corporation or constituent corporations may not further assign such credit. The assignor and assignee shall jointly submit written notification of such assignment to the commission not later than thirty days after such assignment. The notification shall include the credit certificate number, the date of assignment, the amount of such credit assigned, the tax identification numbers for both the assignor and assignee, and any other information required by the commissioner. Failure to comply with this subsection will result in a disallowance of the tax credit until there is full compliance on both the part of the assignor and the assignee. The commissioner shall provide a copy of the notification of assignment to the Commissioner of Revenue Services upon request.

(j) (1) The determination of whether the aggregate number of new jobs has been created shall be made as of the end of each of the five full income years following the income year in which the commencement date occurs. Not later than the first day of the fourth month of each year following each of such five income years, the commissioner shall require the sponsor to certify the aggregate number of new jobs created by the end of the preceding income year. Not later than the first day of the seventh month of each year following each of the five income years, the commissioner shall review such certification and, if the aggregate number of new jobs at the end of the preceding income year is at least ninety per cent of the aggregate number of such new jobs set forth in the certificate of eligibility for such income year, shall issue a certificate of continuing eligibility for such preceding income year.

(2) If the aggregate number of new jobs at the end of any such income year is less than ninety per cent of the aggregate number of such new jobs set forth in the certificate of eligibility for such income year, no credits attributable to the activities of the sponsor during such income year shall be allowed to the constituent corporations. The failure to achieve ninety per cent of the aggregate number of new jobs by the end of any applicable income year shall not preclude the allowance to the constituent corporations of credits from any prior or subsequent income year otherwise available under this section.

Sec. 20. Subdivision (8) of section 10 public act 06-136 is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(8) "Proceedings" means the proceedings of the State Bond Commission authorizing or relating to the issuance of bonds pursuant to [subsection (b)] subdivision (5) of subsection (d) of this section, the provisions of any indenture of trust securing bonds, which provisions are incorporated into such proceedings, the provisions of any other documents or agreements which are incorporated into such proceedings and, to the extent applicable, a certificate of determination filed by the Treasurer in accordance with subdivision (3) of subsection (d) of this section.

Sec. 21. Subsections (b) and (c) of section 13b-61a of the 2006 supplement to the general statutes, as amended by section 15 public act 06-136, are repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(b) Notwithstanding the provisions of section 13b-61, as amended, for calendar quarters ending on or after September 30, 2006, the Comptroller shall deposit into the Special Transportation Fund an annual amount in accordance with the following schedule, from such funds received by the state from the tax imposed under said section 12-587 on the gross earnings from the sales of petroleum products. [attributable to sales of motor vehicle fuel. ] Such transfers shall be made in quarterly installments.

(c) If in any calendar quarter ending on or after September 30, 2006, receipts from the tax imposed under section 12-587, as amended, are less than twenty-five per cent of the total of (1) the amount required to be transferred pursuant to the Special Transportation Fund pursuant to [subsection] subsections (a) and (b) of this section, and (2) any other transfers required by law, the Comptroller shall certify to the Treasurer the amount of such shortfall and shall forthwith transfer an amount equal to such shortfall from the resources of the General Fund into the Special Transportation Fund.

Sec. 22. (Effective from passage) (a) The Commissioner of Consumer Protection, in consultation with the Attorney General, shall study the feasibility of establishing an electronic message registry that permits residents of this state to register with the Department of Consumer Protection an electronic mail address, Internet messaging address, facsimile number, wireless telephone number or electronic pager number for the purpose of preventing unsolicited electronic messages from being sent to such address or number.

(b) Not later than January 1, 2007, the commissioner shall submit a report pursuant to subsection (c) of this section, in accordance with section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and consumer protection, and to the select committee of the General Assembly having cognizance of matters relating to children.

(c) At a minimum, the study and report shall address:

(1) The process by which such registry would operate, including, but not limited, the process for (A) establishing and maintaining such registry, and (B) adding, removing and verifying information received from registrants;

(2) Whether such registry places an undue burden on interstate or foreign commerce, and the extent to which such registry may be implemented pursuant to the Constitution of the United States and the laws of the United States enacted under the Constitution;

(3) Whether such registry should be limited (A) to registrants who have not attained the age of eighteen years, or (B) based on the content of the electronic message;

(4) The estimated cost of implementing and maintaining such registry, and potential sources of revenue for funding the implementation and maintenance of such registry;

(5) Whether criminal or civil liability should be imposed for the intentional or inadvertent sending of unsolicited electronic messages in violation of the requirements of such registry, and the feasibility of identifying the sender of the unsolicited electronic message; and

(6) The experience of other states in implementing and operating such registry.

Sec. 23. Section 46b-123d of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

The Chief Child Protection Attorney appointed under section 46b-123c shall, on or before July 1, 2006:

(1) Establish a system for the provision of: (A) Legal services and guardians ad litem to children and indigent respondents in family [contempt and paternity] matters in which the state has been ordered to pay the cost of such legal services and guardians ad litem, and (B) legal services and guardians ad litem to children and indigent [parents] legal parties in proceedings before the superior court for juvenile matters, [as defined in subsection (a) of section 46b-121, other than representation of] other than legal services for children in delinquency matters. To carry out the requirements of this section, the Chief Child Protection Attorney may contract with (i) appropriate not-for-profit legal services agencies, and (ii) individual lawyers for the delivery of legal services to represent children and indigent [parents] legal parties in such proceedings;

(2) Ensure that attorneys providing legal services pursuant to this section are assigned to cases in a manner that will avoid conflicts of interest, as defined by the Rules of Professional Conduct; and

(3) Provide initial and in-service training for guardians ad litem provided pursuant to this section and for attorneys providing legal services pursuant to this section, and establish training, practice and caseload standards for the representation of: (A) Indigent respondents in family [contempt and paternity] matters, and (B) children and indigent [parents] legal parties in juvenile matters, [as defined in subsection (a) of section 46b-121,] other than representation of children in delinquency matters. Such standards shall apply to any attorney who represents children or indigent [parents] respondents or legal parties in such matters pursuant to this section and shall be designed to ensure a high quality of legal representation. The training for attorneys required by this subdivision shall be designed to ensure proficiency in the procedural and substantive law related to such matters and to establish a minimum level of proficiency in relevant subject areas, including, but not limited to, family violence, child development, behavioral health, educational disabilities and cultural competence.

Sec. 24. Subsection (a) of section 46b-123e of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) The judicial authority before whom a juvenile or family matter described in section 46b-123d, as amended by this act, is pending shall determine eligibility for counsel for a child or youth and the parents or guardian of a child or youth if they are unable to afford counsel. Upon a finding that a party is unable to afford counsel, the judicial authority shall appoint the Chief Child Protection Attorney [appointed under section 46b-123c] to provide representation. For purposes of determining eligibility for appointment of counsel, the judicial authority shall cause the parent or guardian of a child or youth to complete a written statement under oath or affirmation setting forth the parent or guardian's liabilities and assets, income and sources thereof, and such other information which the Commission on Child Protection shall designate and require on forms adopted by the Commission on Child Protection. Upon the appointment of [counsel for a parent, guardian, child or youth, the judicial authority shall notify] the Chief Child Protection Attorney pursuant to this subsection, [who] the Chief Child Protection Attorney shall assign the matter to an attorney under contract with the [Commission on Child Protection] Chief Child Protection Attorney to provide such representation.

Sec. 25. Section 21a-195a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) There is established the Connecticut Boxing [Promotion] Commission which shall be within the Department of [Consumer Protection for administrative purposes only] Public Safety. The commission shall consist of nine members, three to be appointed by the Governor, one to be appointed by the speaker of the House of Representatives, one to be appointed by the president pro tempore of the Senate, one to be appointed by the majority leader of the House of Representatives, one to be appointed by the majority leader of the Senate, one to be appointed by the minority leader of the House of Representatives and one to be appointed by the minority leader of the Senate. The initial appointments to the commission shall be made not later than November 1, 1998. Notwithstanding the provisions of subsection (c) of section 4-9a, as amended, the terms of each member of the commission shall be coterminous with the term of the appointing authority or until a successor is chosen, whichever is later. The appointing authority shall fill any vacancy for the unexpired portion of the term. Members of the commission shall receive no compensation for their services. The commission shall hold at least one meeting each quarter.

(b) The commission shall make recommendations to the Governor, the Commissioner of [Consumer Protection, the Commissioner of Economic and Community Development] Public Safety and the General Assembly, upon the request thereof or at such time or times as the commission may determine, to encourage, develop and promote the sport of boxing in this state. Such recommendations shall include, but not be limited to: (1) Identifying any legal or administrative impediments to the development of the sport of boxing in this state; (2) identifying ways to improve state and local services designed to support and promote boxing; (3) identifying ways of developing young boxers through amateur boxing clubs and other programs; [and] (4) developing strategies to assist promoters of small-scale professional boxing events and to aid in the development of a market for large-scale professional boxing events in this state; and (5) developing ways to protect the health and safety of participants in boxing.

Sec. 26. Section 21a-196 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) As used in this chapter, "commissioner" means the Commissioner of [Consumer Protection] Public Safety.

(b) The commissioner shall have sole control of and jurisdiction over all amateur and professional boxing and sparring matches [and wrestling exhibitions] held, conducted or given within the state by any person or persons, club, corporation or association, except amateur boxing and sparring matches [or wrestling exhibitions] held under the supervision of any school, college or university having an academic course of study or of the recognized athletic association connected with such school, college or university or amateur boxing and sparring matches [and wrestling exhibitions] held under the auspices of any amateur athletic association that has been determined by the commissioner to be capable of ensuring the health and safety of the participants; provided the commissioner may at any time assume jurisdiction over any amateur boxing or sparring match [or wrestling exhibition] if the commissioner determines that the health and safety of the participants is not being sufficiently safeguarded. The commissioner may appoint inspectors who shall, on the order of the commissioner, represent the commissioner at all boxing matches. [and wrestling exhibitions. ] The commissioner may appoint a secretary who shall prepare for service such notices and papers as may be required and perform such other duties as the commissioner directs.

(c) The commissioner or the commissioner's authorized representative may [: (1) Issue subpoenas to any person involved in any matter under investigation pursuant to this chapter; (2) subpoena documentary material relating to any such matter; (3) administer an oath or affirmation to any person; or (4) conduct hearings in aid of any such investigation, provided none of the powers conferred by this chapter shall be used for the purpose of compelling any natural person to furnish testimony or evidence which might tend to incriminate the person or subject the person to a penalty or forfeiture. If any person fails or refuses to obey any such subpoena, the commissioner, after giving notice, may apply to the superior court for the judicial district of Hartford which court, after a hearing, may issue an order requiring such person to obey such subpoena or any part of such subpoena. Any disobedience of a final order of any court under this section shall be punished as contempt] cause a full investigation of the location, paraphernalia and equipment in respect to any boxing or sparring match and all other matters relating thereto to be made and shall determine whether or not such match will be reasonably safe for the participants and for public attendance and may make reasonable orders concerning alterations, or betterments to the equipment, paraphernalia, and concerning the character and arrangement of the seating, means of egress, lighting, firefighting appliances, fire and police protection and such other provisions as shall make the match reasonably safe against both fire and casualty hazards.

(d) When any serious physical injury, as defined in subdivision (4) of section 53a-3, or death occurs in connection with a boxing or sparring match, the owner of the location of the match shall, not later than four hours after such occurrence, report the injury or death to the commissioner or the commissioner's designee. Not later than four hours after receipt of such report, the commissioner or the commissioner's designee shall cause an investigation of the occurrence to determine the cause of such serious physical injury or death. The commissioner or the commissioner's designee may enter into any place or upon any premises so registered or licensed in furtherance of such investigation and inspection.

[(d)] (e) The commissioner, in consultation with the Connecticut Boxing Commission shall adopt such regulations in accordance with chapter 54 as the commissioner deems necessary and desirable for the conduct, supervision and safety of boxing matches, including the licensing of the sponsors and the participants of such boxing matches, and for the development and promotion of the sport of boxing in this state, including, but not limited to, regulations to improve the competitiveness of the sport of boxing in this state relative to other states. Such regulations shall require fees for the issuance of licenses to such sponsors and participants as follows: (1) For referees, a fee of not less than sixty-three dollars; (2) for matchmakers and assistant matchmakers, a fee of not less than sixty-three dollars; (3) for timekeepers, a fee of not less than thirteen dollars; (4) for professional boxers, a fee of not less than thirteen dollars; (5) for amateur boxers, a fee of not less than three dollars; (6) for managers, a fee of not less than sixty-three dollars; (7) for trainers, a fee of not less than thirteen dollars; (8) for seconds, a fee of not less than thirteen dollars; (9) for announcers, a fee of not less than thirteen dollars; and (10) for promoters, a fee of not less than two hundred fifty dollars.

(f) No organization, gymnasium or independent club shall host a sparring match unless such organization, gymnasium or independent club registers with the Department of Public Safety in accordance with this subsection. The commissioner shall register any organization, gymnasium or independent club that the commissioner deems qualified to host such matches. Application for such registration shall be made on forms provided by the department and accompanied by a fee of fifty dollars. For the purpose of enforcing the provisions of this chapter, the commissioner or an authorized representative may inspect the facility of any such organization, gymnasium or independent club. The Attorney General, at the request of the Commissioner of Public Safety, may apply in the name of the state of Connecticut to the Superior Court for an order temporarily or permanently restraining any organization, gymnasium or independent club from operating in violation of any provision of this chapter or the regulations adopted pursuant to this subsection. The commissioner, in consultation with the Connecticut Boxing Commission shall adopt such regulations, in accordance with chapter 54, as the commissioner deems necessary for the conduct, supervision and safety of sparring matches.

[(e)] (g) The state, acting by and in the discretion of the commissioner, may enter into a contract with any person for the services of such person acting as an inspector appointed in accordance with the provisions of this section.

[(f) The commissioner may disallow the conduct of any professional wrestling exhibition if the commissioner determines that the health and safety of the participants is not being sufficiently safeguarded. ]

Sec. 27. Section 4-124hh of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) The Office of Workforce Competitiveness shall, within available appropriations, establish a grant program to provide a flexible source of funding the creation and generation of talent in institutions of higher education and, with appropriate connections to vocational-technical schools and other secondary schools, for student outreach and development. Grants pursuant to this subsection shall be awarded to institutions of higher education and may be used to:

(1) Upgrade instructional laboratories to meet specific industry-standard laboratory and instrumentation skill requirements;

(2) Develop new curriculum and certificate and degree programs at the level of associate, bachelor, master's and doctorate, tied to industry identified needs;

(3) Develop seamlessly articulated career development programs in workforce shortage areas forecasted pursuant to subdivision (9) of subsection (b) of section 4-124w in collaboration with vocational-technical schools and other secondary schools and institutions of higher education; [and]

(4) Support undergraduate and graduate student research projects and experimental learning activities; and

(5) Establish a nanotechnology post-secondary education program and clearinghouse for curriculum development, scholarships and student outreach.

(b) The Office of Workforce Competitiveness shall, within available appropriations, establish a grant program to provide funding for the advancement of research capabilities and research opportunities. Grants pursuant to this subsection shall be awarded to institutions of higher education and technology focused organizations and may be used to:

(1) Recruit eminent faculty in basic and applied research;

(2) Leverage federal funding for research centers; [and]

(3) Provide pilot funding for faculty to develop initial research data for the development of larger grant funding proposals and to nonstate granting entities, such as federal agencies; and

(4) Establish a Connecticut Nanotechnology Collaboration Initiative to foster industry-university relationships by providing:

(A) Discovery grants, not to exceed fifty thousand dollars, to support post-doctorate or graduate students working with industry on nanotechnology projects under the supervision of faculty members. Each discovery grant shall be matched with a direct or in-kind industry grant in the same amount;

(B) Collaborative grants, not to exceed one hundred fifty thousand dollars, to support university research teams working with industry on collaborative research projects focused on specific application development. Each collaborative grant shall be matched with an industry grant in the same amount;

(C) Prototype grants, not to exceed two hundred fifty thousand dollars, to enable universities and companies to demonstrate whether a prototype is manufacturable and functional and the cost effectiveness of nanotechnology-related applications. Each prototype grant shall be matched with an industry grant in an amount equal to two dollars for every one dollar of such prototype grant.

(c) The Office of Workforce Competitiveness shall, within available appropriations, establish a grant program to provide funding for the promotion of collaborative research applications between industry and institutions of higher education. Grants pursuant to this subsection shall be awarded to institutions of higher education, technology-focused organizations and business entities may be used:

(1) To improve technology infrastructure by advancing the development of shared use between institutions of higher education and business entities of laboratories and equipment, including, but not limited to, technology purchase, lease and installation, operating and necessary support personnel and maintenance; [and]

(2) As matching grants for joint projects between an industry, a technology-focused organization or a university. The office shall structure the matching grants to provide two rounds of funding annually and shall do outreach to companies. The matching grant part of the program shall include, but not be limited to, (A) one-to-one matching grants not to exceed one hundred thousand dollars, with in-kind match allowed for small and mid-sized companies, (B) involvement of a competitive process with outside reviewers using as key criteria (i) the demonstration of commercial relevance, and (ii) a clear path to the marketplace for any innovations developed in the course of the research, and (C) an aggressive marketing campaign through business organizations to raise industry awareness of resources from universities or technology-focused organizations; and

(3) To develop a Connecticut Center for Nanoscale Sciences and Development to provide a shared-use laboratory in one or more sites in the state to advance university research, industry application development and education involving the synthesis, characterization and fabrication of nanoscale materials, intermediates and devices and related program activities. The Office of Workforce Competitiveness shall conduct a feasibility study and business planning model leading to the establishment of such center, including strategies for securing investments from the federal government and private entities. On or before January 1, 2007, said office shall submit the results of such study, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to commerce and higher education and employment advancement.

(d) The Office of Workforce Competitiveness shall, within available appropriations, establish a grant program to provide funding for the promotion of commercialization of research done by institutions of higher education. Grants pursuant to this subsection shall be awarded to institutions of higher education and business entities and may be used: [to: ]

(1) [Provide] To provide funding to verify the technical and commercial feasibility of early stage discoveries by institutions of higher education that are disclosed or patented to accelerate and increase the likelihood that the technology will be successfully commercialized; [and]

(2) [Provide] To provide matching support for smaller institutions of higher education to allow for contracts with independent technology transfer organizations to provide specific service to support specific needs; and

(3) Through the Connecticut Small Business Innovation Research Office, supported by the Office of Workforce Competitiveness, to provide specialized technical assistance to advance nanotechnology awards to Connecticut companies and the small business innovation research program, including nanotechnology-related workshops and seminars, grant preparation assistance, marketing assistance, services related to matching grants and other technical assistance to assist companies with nanotechnology-related applications for the small business innovation research program.

Sec. 28. Section 54-256 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) Any court, the Commissioner of Correction or the Psychiatric Security Review Board, prior to releasing into the community any person convicted or found not guilty by reason of mental disease or defect of a criminal offense against a victim who is a minor, a nonviolent sexual offense, a sexually violent offense or a felony found by the sentencing court to have been committed for a sexual purpose, except a person being released unconditionally at the conclusion of such person's sentence or commitment, shall require as a condition of such release that such person complete the registration procedure established by the Commissioner of Public Safety under sections 54-251, 54-252 and 54-254, as amended by this act. The court, the Commissioner of Correction or the Psychiatric Security Review Board, as the case may be, shall provide the person with a written summary of the person's obligations under sections 54-102g and 54-250 to 54-258a, inclusive, as amended by this act, and transmit the completed registration package to the Commissioner of Public Safety who shall enter the information into the registry established under section 54-257, as amended by this act. If a court transmits the completed registration package to the Commissioner of Public Safety with respect to a person released by the court, such package need not include identifying factors for such person. In the case of a person being released unconditionally who declines to complete the registration package through the court or the releasing agency, the court or agency shall: (1) Except with respect to information that is not available to the public pursuant to court order, rule of court or any provision of the general statutes, provide to the Commissioner of Public Safety the person's name, date of release into the community, anticipated residence address, if known, criminal history record, any known treatment history and any other relevant information; (2) inform the person that such person has an obligation to register within three days with the Commissioner of Public Safety for a period of ten years following the date of such person's release or for life, as the case may be, and that if such person changes such person's address such person shall within five days register the new address in writing with the Commissioner of Public Safety and, if the new address is in another state or if such person is employed in another state, carries on a vocation in another state or is a student in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders; (3) provide the person with a written summary of the person's obligations under sections 54-102g and 54-250 to 54-258a, inclusive, as amended by this act, as explained to the person under subdivision (2) of this section; and (4) make a specific notation on the record maintained by that agency with respect to such person that the registration requirements were explained to such person and that such person was provided with a written summary of such person's obligations under sections 54-102g and 54-250 to 54-258a, inclusive, as amended by this act.

(b) Whenever a person is convicted or found not guilty by reason of mental disease or defect of an offense that will require such person to register under section 54-251, 54-252 or 54-254, as amended by this act, the court shall provide to the Department of Public Safety a written summary of the offense that includes the age and sex of any victim of the offense and a specific description of the offense. Such summary shall be added to the registry information made available to the public through the Internet.

Sec. 29. Section 53a-30 of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) When imposing sentence of probation or conditional discharge, the court may, as a condition of the sentence, order that the defendant: (1) Work faithfully at a suitable employment or faithfully pursue a course of study or of vocational training that will equip the defendant for suitable employment; (2) undergo medical or psychiatric treatment and remain in a specified institution, when required for that purpose; (3) support the defendant's dependents and meet other family obligations; (4) make restitution of the fruits of the defendant's offense or make restitution, in an amount the defendant can afford to pay or provide in a suitable manner, for the loss or damage caused thereby and the court may fix the amount thereof and the manner of performance; (5) if a minor, (A) reside with the minor's parents or in a suitable foster home, (B) attend school, and (C) contribute to the minor's own support in any home or foster home; (6) post a bond or other security for the performance of any or all conditions imposed; (7) refrain from violating any criminal law of the United States, this state or any other state; (8) if convicted of a misdemeanor or a felony, other than a capital felony, a class A felony or a violation of section 21a-278, as amended, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57, 53a-58 or 53a-70b or any offense for which there is a mandatory minimum sentence which may not be suspended or reduced by the court, and any sentence of imprisonment is suspended, participate in an alternate incarceration program; (9) reside in a residential community center or halfway house approved by the Commissioner of Correction, and contribute to the cost incident to such residence; (10) participate in a program of community service labor in accordance with section 53a-39c; (11) participate in a program of community service in accordance with section 51-181c; (12) if convicted of a violation of subdivision (2) of subsection (a) of section 53-21, section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, undergo specialized sexual offender treatment; (13) if convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as defined in section 54-250, as amended by this act, or of a felony that the court finds was committed for a sexual purpose, as provided in section 54-254, as amended by this act, register such person's identifying factors, as defined in section 54-250, as amended by this act, with the Commissioner of Public Safety when required pursuant to section 54-251, 54-252 or 54-253, as amended by this act, as the case may be; (14) be subject to electronic monitoring, which may include the use of a global positioning system; (15) if convicted of a violation of section 46a-58, as amended, 53-37a, 53a-181j, 53a-181k or 53a-181l, participate in an anti-bias crime education program; (16) if convicted of a violation of section 53-247, undergo psychiatric or psychological counseling or participate in an animal cruelty prevention and education program provided such a program exists and is available to the defendant; or (17) satisfy any other conditions reasonably related to the defendant's rehabilitation. The court shall cause a copy of any such order to be delivered to the defendant and to the probation officer, if any.

(b) When a defendant has been sentenced to a period of probation, the Court Support Services Division may require that the defendant comply with any or all conditions which the court could have imposed under subsection (a) of this section which are not inconsistent with any condition actually imposed by the court.

(c) At any time during the period of probation or conditional discharge, after hearing and for good cause shown, the court may modify or enlarge the conditions, whether originally imposed by the court under this section or otherwise, and may extend the period, provided the original period with any extensions shall not exceed the periods authorized by section 53a-29, as amended. The court shall cause a copy of any such order to be delivered to the defendant and to the probation officer, if any.

(d) The period of participation in an alternate incarceration program, unless terminated sooner, shall not exceed the period of probation authorized by section 53a-29, as amended, or two years, whichever is less.

(e) The court may require that the person subject to electronic monitoring pursuant to subsection (a) of this section pay directly to the electronic monitoring service provider a fee for the cost of such electronic monitoring services. If the court finds that the person subject to electronic monitoring is indigent and unable to pay the costs of electronic monitoring services, it shall waive such costs. Any contract entered into by the judicial branch and the electronic monitoring service provider shall include a provision stating that the total cost for electronic monitoring services shall not exceed [five] six dollars per day. Such amount shall be indexed annually to reflect the rate of inflation.

Sec. 30. (NEW) (Effective July 1, 2006) (a) There is established a Risk Assessment Board consisting of the Commissioner of Correction, the Commissioner of Mental Health and Addiction Services, the Commissioner of Public Safety, the Chief State's Attorney, the Chief Public Defender, the Chairperson of the Board of Pardons and Paroles, the Victim Advocate, the Executive Director of the Court Support Services Division of the Judicial Department and the chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety, or their designees, a forensic psychiatrist with experience in the treatment of sexual offenders appointed by the Governor and a person trained in the identification, assessment and treatment of sexual offenders appointed by the Governor.

(b) The board shall develop a risk assessment scale that assigns weights to various risk factors including, but not limited to, the seriousness of the offense, the offender's prior offense history, the offender's characteristics, the availability of community supports, whether the offender has indicated or credible evidence in the record indicates that the offender will reoffend if released into the community and whether the offender demonstrates a physical condition that minimizes the risk of reoffending, and specifies the risk level to which offenders with various risk assessment scores shall be assigned.

(c) The board shall use the risk assessment scale to assess the risk of reoffending of each person subject to registration under chapter 969 of the general statutes, including incarcerated offenders who are within one year of their estimated release date, and assign each such person a risk level of high, medium or low.

(d) Not later than February 1, 2007, the board shall submit a report to the joint standing committee of the General Assembly on the judiciary in accordance with section 11-4a of the general statutes setting forth its findings and recommendations concerning: (1) Whether information about sexual offenders assigned a risk level of high, medium or low should be made available to the public through the Internet; (2) the types of information about sexual offenders that should be made available to the public through the Internet which may include, but not be limited to, (A) the name, residential address, physical description and photograph of the registrant, (B) the offense or offenses of which the registrant was convicted or found not guilty by reason of mental disease or defect that required registration under chapter 969 of the general statutes, (C) a brief description of the facts and circumstances of such offense or offenses, (D) the criminal record of the registrant with respect to any prior convictions or findings of not guilty by reason of mental disease or defect for the commission of an offense requiring registration under chapter 969 of the general statutes, and (E) the name of the registrant's supervising correctional, probation or parole officer, and contact information for such officer; (3) whether any of the persons assigned a high risk level by the board pursuant to subsection (c) of this section meets the criteria for civil commitment pursuant to section 17a-498 of the general statutes; (4) whether additional restrictions should be placed on persons subject to registration under chapter 969 of the general statutes such as curfews and intensive monitoring on certain holidays; and (5) whether persons convicted of a sexual offense who pose a high risk of reoffending should be required to register under chapter 969 of the general statutes regardless of when they were convicted or released into the community.

Sec. 31. Subdivision (2) of section 54-250 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(2) "Criminal offense against a victim who is a minor" means (A) a violation of subdivision (2) of section 53-21 of the general statutes in effect prior to October 1, 2000, subdivision (2) of subsection (a) of section 53-21, subdivision (2) of subsection (a) of section 53a-70, subdivision (1), (4), [or] (8) or (10) or subparagraph (B) of subdivision (9) of subsection (a) of section 53a-71, subdivision (2) of subsection (a) of section 53a-72a, subdivision (2) of subsection (a) of section 53a-86, subdivision (2) of subsection (a) of section 53a-87, section 53a-90a, 53a-196a, 53a-196b, 53a-196c, 53a-196d, 53a-196e or 53a-196f, (B) a violation of subparagraph (A) of subdivision (9) of subsection (a) of section 53a-71 or section 53a-92, 53a-92a, 53a-94, 53a-94a, 53a-95, 53a-96 or 53a-186, provided the court makes a finding that, at the time of the offense, the victim was under eighteen years of age, (C) a violation of any of the offenses specified in subparagraph (A) or (B) of this subdivision for which a person is criminally liable under section 53a-8, 53a-48 or 53a-49, or (D) a violation of any predecessor statute to any offense specified in subparagraph (A), (B) or (C) of this subdivision the essential elements of which are substantially the same as said offense.

Sec. 32. Subdivision (5) of section 54-250 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(5) "Nonviolent sexual offense" means (A) a violation of section 53a-73a or subdivision (2) of subsection (a) of section 53a-189a, or (B) a violation of any of the offenses specified in subparagraph (A) of this subdivision for which a person is criminally liable under section 53a-8, 53a-48 or 53a-49.

Sec. 33. Subdivision (11) of section 54-250 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(11) "Sexually violent offense" means (A) a violation of section 53a-70, except subdivision (2) of subsection (a) of said section, 53a-70a, 53a-70b, 53a-71, except subdivision (1), (4), [or] (8) or (10) or subparagraph (B) of subdivision (9) of subsection (a) of said section or subparagraph (A) of subdivision (9) of subsection (a) of said section if the court makes a finding that, at the time of the offense, the victim was under eighteen years of age, 53a-72a, except subdivision (2) of subsection (a) of said section, or 53a-72b, or of section 53a-92 or 53a-92a, provided the court makes a finding that the offense was committed with intent to sexually violate or abuse the victim, (B) a violation of any of the offenses specified in subparagraph (A) of this subdivision for which a person is criminally liable under section 53a-8, 53a-48 or 53a-49, or (C) a violation of any predecessor statute to any of the offenses specified in subparagraph (A) or (B) of this subdivision the essential elements of which are substantially the same as said offense.

Sec. 34. Subsection (a) of section 54-251 of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) Any person who has been convicted or found not guilty by reason of mental disease or defect of a criminal offense against a victim who is a minor or a nonviolent sexual offense, and is released into the community on or after October 1, 1998, shall, within three days following such release or, if such person is in the custody of the Commissioner of Correction, at such time prior to release as the commissioner shall direct, and whether or not such person's place of residence is in this state, register such person's name, identifying factors, criminal history record and residence address with the Commissioner of Public Safety, on such forms and in such locations as the commissioner shall direct, and shall maintain such registration for ten years except that any person who has one or more prior convictions of any such offense or who is convicted of a violation of subdivision (2) of subsection (a) of section 53a-70 shall maintain such registration for life. Prior to accepting a plea of guilty or nolo contendere from a person with respect to a criminal offense against a victim who is a minor or a nonviolent sexual offense, the court shall (1) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (2) determine that the person fully understands the consequences of the plea. If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of the new name. If [such] any person who is subject to registration under this section changes such person's address, such person shall, [within five days, register the new address in writing with the Commissioner of Public Safety,] without undue delay, notify the Commissioner of Public Safety in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Public Safety of such status and of any change in such status. If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Public Safety and shall also register with an appropriate agency in that state provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Public Safety. [If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall notify the Commissioner of Public Safety of such status and of any change in such status. ]

Sec. 35. Subsection (c) of section 54-251 of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(c) Notwithstanding the provisions of subsection (a) of this section, the court may exempt any person who has been convicted or found not guilty by reason of mental disease or defect of a violation of subdivision (2) of subsection (a) of section 53a-73a or subdivision (2) of subsection (a) of section 53a-189a, from the registration requirements of this section if the court finds that registration is not required for public safety.

Sec. 36. Subsection (e) of section 54-251 of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(e) Any person who violates the provisions of subsection (a) of this section shall be guilty of a class D felony, except that, if such person violates the provisions of this section by failing to notify the Commissioner of Public Safety without undue delay of a change of name, address or status or another reportable event, such person shall be subject to such penalty if such failure continues for five business days.

Sec. 37. Section 54-252 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) Any person who has been convicted or found not guilty by reason of mental disease or defect of a sexually violent offense, and (1) is released into the community on or after October 1, 1988, and prior to October 1, 1998, and resides in this state, shall, on October 1, 1998, or within three days of residing in this state, whichever is later, or (2) is released into the community on or after October 1, 1998, shall, within three days following such release or, if such person is in the custody of the Commissioner of Correction, at such time prior to release as the commissioner shall direct, register such person's name, identifying factors, criminal history record, documentation of any treatment received for mental abnormality or personality disorder, and residence address with the Commissioner of Public Safety on such forms and in such locations as said commissioner shall direct, and shall maintain such registration for life. Prior to accepting a plea of guilty or nolo contendere from a person with respect to a sexually violent offense, the court shall (A) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (B) determine that the person fully understands the consequences of the plea. If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of the new name. If [such] any person who is subject to registration under this section changes such person's address, such person shall, [within five days, register the new address in writing with the Commissioner of Public Safety,] without undue delay, notify the Commissioner of Public Safety in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Public Safety of such status and of any change in such status. If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Public Safety and shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Public Safety. [If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall notify the Commissioner of Public Safety of such status and of any change in such status. ]

(b) Any person who has been subject to the registration requirements of section 54-102r of the general statutes, revised to January 1, 1997, as amended by section 1 of public act 97-183, shall, not later than three working days after October 1, 1998, register under this section and thereafter comply with the provisions of sections 54-102g and 54-250 to 54-258a, inclusive, as amended by this act, except that any person who was convicted or found not guilty by reason of mental disease or defect of an offense that is classified as a criminal offense against a victim who is a minor under subdivision (2) of section 54-250, as amended by this act, and that is subject to a ten-year period of registration under section 54-251, as amended by this act, shall maintain such registration for ten years.

(c) Notwithstanding the provisions of subsections (a) and (b) of this section, during the initial registration period following October 1, 1998, the Commissioner of Public Safety may phase in completion of the registration procedure for persons released into the community prior to said date over the first three months following said date, and no such person shall be prosecuted for failure to register under this section during those three months provided such person complies with the directives of said commissioner regarding registration procedures.

(d) Any person who violates the provisions of this section shall be guilty of a class D felony, except that, if such person violates the provisions of this section by failing to notify the Commissioner of Public Safety without undue delay of a change of name, address or status or another reportable event, such person shall be subject to such penalty if such failure continues for five business days.

Sec. 38. Section 54-253 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) Any person who has been convicted or found not guilty by reason of mental disease or defect in any other state, in a federal or military court or in any foreign jurisdiction of any crime [,] (1) the essential elements of which are substantially the same as any of the crimes specified in subdivisions (2), (5) and (11) of section 54-250, as amended by this act, or (2) which requires registration as a sexual offender in such other state or in the federal or military system, and who resides in this state on and after October 1, 1998, shall, [within ten days of] without undue delay upon residing in this state, register with the Commissioner of Public Safety in the same manner as if such person had been convicted or found not guilty by reason of mental disease or defect of such crime in this state, except that [for purposes of determining the ten-year period of registration under section 54-251, as amended by this act, such person shall be deemed to have initially registered on the date of such person's release into the community] the commissioner shall maintain such registration until such person is released from the registration requirement in such other state, federal or military system or foreign jurisdiction.

(b) If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of the new name. If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Public Safety of such status and of any change in such status. If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Public Safety and shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Public Safety.

[(b)] (c) Any person not a resident of this state who is registered as a sexual offender under the laws of any other state and who is employed in this state, carries on a vocation in this state or is a student in this state, shall, [within five days] without undue delay after the commencement of such employment, vocation or education in this state, register such person's name, identifying factors, criminal history record, locations visited on a recurring basis or residence address, if any, in this state, and residence address in such person's home state with the Commissioner of Public Safety on such forms and in such locations as said commissioner shall direct and shall maintain such registration until such employment, vocation or education terminates or until such person is released from registration as a sexual offender in such other state. If such person terminates such person's employment, vocation or education in this state or changes such person's address in this state such person shall, [within five days, provide notice in writing to the Commissioner of Public Safety] without undue delay, notify the Commissioner of Public Safety in writing of such termination or new address.

[(c) If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall notify the Commissioner of Public Safety of such status and of any change in such status. ]

(d) Any person not a resident of this state who is registered as a sexual offender under the laws of any other state and who travels in this state on a recurring basis for periods of less than five days shall notify the Commissioner of Public Safety of such person's temporary residence in this state and of a telephone number at which such person may be contacted.

(e) Any person who violates the provisions of this section shall be guilty of a class D felony, except that, if such person violates the provisions of this section by failing to register with the Commissioner of Public Safety without undue delay or notify the Commissioner of Public Safety without undue delay of a change of name, address or status or another reportable event, such person shall be subject to such penalty if such failure continues for five business days.

Sec. 39. Section 54-254 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) Any person who has been convicted or found not guilty by reason of mental disease or defect in this state on or after October 1, 1998, of any felony that the court finds was committed for a sexual purpose, may be required by the court upon release into the community or, if such person is in the custody of the Commissioner of Correction, at such time prior to release as the commissioner shall direct to register such person's name, identifying factors, criminal history record and residence address with the Commissioner of Public Safety, on such forms and in such locations as the commissioner shall direct, and to maintain such registration for ten years. If the court finds that a person has committed a felony for a sexual purpose and intends to require such person to register under this section, prior to accepting a plea of guilty or nolo contendere from such person with respect to such felony, the court shall (1) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (2) determine that the person fully understands the consequences of the plea. If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of the new name. If [such] any person who is subject to registration under this section changes such person's address, such person shall, [within five days, register the new address in writing with the Commissioner of Public Safety,] without undue delay, notify the Commissioner of Public Safety in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Public Safety of such status and of any change in such status. If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Public Safety and shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Public Safety.

(b) Any person who violates the provisions of this section shall be guilty of a class D felony, except that, if such person violates the provisions of this section by failing to notify the Commissioner of Public Safety without undue delay of a change of name, address or status or another reportable event, such person shall be subject to such penalty if such failure continues for five business days.

Sec. 40. Section 54-257 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) The Department of Public Safety shall, not later than January 1, 1999, establish and maintain a registry of all persons required to register under sections 54-251, 54-252, 54-253 and 54-254, as amended by this act. The department shall, in cooperation with the Office of the Chief Court Administrator, the Department of Correction and the Psychiatric Security Review Board, develop appropriate forms for use by agencies and individuals to report registration information, including changes of address. Upon receipt of registration information, the department shall enter the information into the registry and notify the local police department or state police troop having jurisdiction where the registrant resides or plans to reside. If a registrant notifies the Department of Public Safety that such registrant is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, the department shall notify the law enforcement agency with jurisdiction over such institution. If a registrant reports a residence in another state, the department shall notify the state police agency of that state or such other agency in that state that maintains registry information, if known. The department shall also transmit all registration information, conviction data, photographic images and fingerprints to the Federal Bureau of Investigation in such form as said bureau shall require for inclusion in a national registry.

(b) The Department of Public Safety may suspend the registration of any person registered under section 54-251, 54-252, 54-253 or 54-254, as amended by this act, while such person is incarcerated, under civil commitment or residing outside this state. During the period that such registration is under suspension, the department is not required to verify the address of the registrant pursuant to subsection (c) of this section and may withdraw the registration information from public access. Upon the release of the registrant from incarceration or civil commitment or resumption of residency in this state by the registrant, the department shall reinstate the registration, redistribute the registration information in accordance with subsection (a) of this section and resume verifying the address of the registrant in accordance with subsection (c) of this section. Suspension of registration shall not affect the date of expiration of the registration obligation of the registrant under section 54-251, 54-252 or 54-253, as amended by this act.

(c) Except as provided in subsection (b) of this section, the Department of Public Safety shall verify the address of each registrant by mailing a nonforwardable verification form to the registrant at the registrant's last reported address. Such form shall require the registrant to sign a statement that the registrant continues to reside at the registrant's last reported address and return the form by mail by a date which is ten days after the date such form was mailed to the registrant. The form shall contain a statement that failure to return the form or providing false information is a violation of section 54-251, 54-252, 54-253 or 54-254, as amended by this act, as the case may be. Each person required to register under section 54-251, 54-252, 54-253 or 54-254, as amended by this act, shall have such person's address verified in such manner every ninety days after such person's initial registration date. In the event that a registrant fails to return the address verification form, the Department of Public Safety shall notify the local police department or the state police troop having jurisdiction over the registrant's last reported address, and that agency shall apply for a warrant to be issued for the registrant's arrest under section 54-251, 54-252, 54-253 or 54-254, as amended by this act, as the case may be. The Department of Public Safety shall not verify the address of registrants whose last reported address was outside this state.

(d) The Department of Public Safety shall include in the registry the most recent photographic image of each registrant taken by the department, the Department of Correction, a law enforcement agency or the Court Support Services Division of the Judicial Department and shall retake the photographic image of each registrant at least once every five years.

(e) Whenever the Commissioner of Public Safety receives notice from a superior court pursuant to section 52-11 or a probate court pursuant to section 45a-99 that such court has ordered the change of name of a person, and the department determines that such person is listed in the registry, the department shall revise such person's registration information accordingly.

(f) The Commissioner of Public Safety shall develop a protocol for the notification of other state agencies, the Judicial Department and local police departments whenever a person listed in the registry changes such person's name and notifies the commissioner of the new name pursuant to section 54-251, 54-252, 54-253 or 54-254, as amended by this act, or whenever the commissioner determines pursuant to subsection (e) of this section that a person listed in the registry has changed such person's name.

Sec. 41. (NEW) (Effective July 1, 2006) Not later than January fifteenth of each year, the Department of Correction, the Board of Pardons and Paroles and the Court Support Services Division of the Judicial Department shall each submit a report setting forth the number of persons subject to registration under chapter 969 of the general statutes who are being electronically monitored while being supervised in the community by such agency, including monitoring by global positioning system devices, and what, if any, additional resources are needed by such agency to ensure that persons subject to registration under chapter 969 of the general statutes are being supervised while in the community.

Sec. 42. Section 53a-189a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) A person is guilty of voyeurism when, (1) with malice, [or intent to arouse or satisfy the sexual desire of such person or any other person,] such person knowingly photographs, films, videotapes or otherwise records the image of another person [(1)] (A) without the knowledge and consent of such other person, [(2)] (B) while such other person is not in plain view, and [(3)] (C) under circumstances where such other person has a reasonable expectation of privacy, or (2) with intent to arouse or satisfy the sexual desire of such person or any other person, such person knowingly photographs, films, videotapes or otherwise records the image of another person (A) without the knowledge and consent of such other person, (B) while such other person is not in plain view, and (C) under circumstances where such other person has a reasonable expectation of privacy.

(b) Voyeurism is a class D felony.

Sec. 43. (NEW) (Effective July 1, 2006) (a) The State Police Bureau of Identification may maintain the fingerprints of arrested persons received pursuant to section 29-12 of the 2006 supplement to the general statutes and of persons who have submitted fingerprints in connection with a criminal history records check pursuant to section 29-17a of the 2006 supplement to the general statutes in an electronic format in lieu of a paper format.

(b) Whenever the bureau converts fingerprints contained in its files from a paper format to an electronic format, it may destroy the paper copy of such fingerprints.

Sec. 44. (NEW) (Effective October 1, 2006) (a) No person shall practice hypnosis or hold himself or herself out as a hypnotist in this state without first registering with the Department of Consumer Protection pursuant to subsection (b) of this section.

(b) Each person who practices hypnosis in this state shall, upon payment of an application fee of fifty dollars, register with the Department of Consumer Protection on a form provided by the department with such information and attestation as the Commissioner of Consumer Protection deems necessary, including, but not limited to, (1) such person's name in full, (2) such person's residential and business addresses, and (3) a representation, in writing, that such person is not subject to the registration requirements of chapter 969 of the general statutes. Each such person shall notify the department, in writing, not later than thirty days after the date of any change in such person's name, residential address or business address or if such person becomes subject to the registration requirements of chapter 969 of the general statutes. A registration shall expire annually and may be renewed upon payment of a renewal fee of fifty dollars.

(c) The Commissioner of Consumer Protection may deny registration as a hypnotist to an individual who has been the subject of a finding rendered pursuant to subsection (d) of this section. The registry shall contain information concerning any individual who has been denied said registration, as well as any brief statement disputing such denial by such individual.

(d) The Department of Consumer Protection shall receive and investigate complaints against individuals who are practicing or have practiced hypnosis in this state and may cause a prosecution to be instigated based on such investigation. The grounds for complaint shall include physical or sexual abuse, misappropriation of property, and fraud or deceit in obtaining or attempting to obtain registration as a hypnotist. A hypnotist shall be given written notice by certified mail by the commissioner of any complaint against him or her. A hypnotist who wishes to appeal a complaint against him or her shall, not later than thirty days after the date of the mailing, file with the department a request in writing for a hearing to contest the complaint. Any such hearing shall be conducted pursuant to chapter 54 of the general statutes. The commissioner shall render a finding on such complaint and enter such finding on the registry. The commissioner shall have the authority to render a finding and enter such finding on the registry against an individual who is practicing or has practiced hypnosis in this state, without regard to whether such individual is on the registry or has obtained registration as a hypnotist from the department.

(e) A hypnotist may petition the Commissioner of Consumer Protection to have the finding removed from the registry upon a determination by the commissioner that: (1) The employment and personal history of the hypnotist does not reflect a pattern of abusive, deceitful or fraudulent behavior; and (2) the conduct involved in the original finding was a singular occurrence. In no case shall a determination on a petition submitted under this subsection be made prior to the expiration of a one-year period beginning on the date on which the finding was added to the registry pursuant to subsection (d) of this section.

(f) The Commissioner of Consumer Protection may, after notice and hearing, in accordance with the provisions of chapter 54 of the general statutes, assess a civil penalty of not more than one hundred dollars against any person who has practiced hypnosis in this state without first registering with the department pursuant to subsection (b) of this section.

(g) The Commissioner of Consumer Protection shall revoke the registration of a person under this section after notice and hearing in accordance with the provisions of chapter 54 of the general statutes if such person becomes subject to the registration requirements of chapter 969 of the general statutes.

(h) The provisions of this section do not apply to any person licensed in this state to provide medical, dental, nursing, counseling or other health care, substance abuse or mental health services.

(i) The Commissioner of Consumer Protection, in consultation with the Commissioner of Public Health, may adopt regulations, in accordance with chapter 54 of the general statutes, to implement the provisions of this section.

(j) For purposes of this section, "hypnosis" means an artificially induced altered state of consciousness, characterized by heightened suggestibility and receptivity to direction.

Sec. 45. Subdivision (9) of section 53a-65 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(9) "Psychotherapist" means a physician, psychologist, nurse, substance abuse counselor, social worker, clergyman, marital and family therapist, mental health service provider, hypnotist or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.

Sec. 46. (NEW) (Effective from passage) (a) There is established a Lobster Restoration Advisory Committee to advise the Commissioner of Environmental Protection on matters relating to the development of a lobster v-notch conservation program to enhance recovery and rebuilding of lobster stock in Long Island Sound.

(b) The committee shall be comprised of the following eleven members: (1) The Commissioner of Environmental Protection, or the commissioner's designee, (2) the Commissioner of Agriculture, or the commissioner's designee, (3) the state's administrative commissioner to the Atlantic States Marine Fisheries Commission, (4) the state's legislative commissioner to the Atlantic States Marine Fisheries Commission, (5) the state's commissioner who has been appointed by the Governor to the Atlantic States Marine Fisheries Commission, (6) a representative of the Southern New England Fishermen's and Lobsterman's Association, (7) a representative of the Connecticut Commercial Lobstermen's Association, (8) a representative of the Long Island Western End Lobstermen's Association, (9) a representative of the state vocational aquaculture school known as the Sound School in New Haven, (10) a representative of a state vocational aquaculture school in Bridgeport, and (11) a representative of the Connecticut Seafood Council.

(c) The committee shall be appointed jointly by the Commissioners of Environmental Protection and Agriculture, after receiving appointment nominations from each group listed in subsection (b) of this section, not more than thirty days after the effective date of this section. The committee shall elect its own chairman and such other officers and adopt such rules of procedure as it may deem appropriate. Members of said committee shall receive no compensation for their services but shall be reimbursed for necessary expenses in the performance of their duties.

Sec. 47. (NEW) (Effective from passage) If the Lobster Management Board of the Atlantic States Marine Fisheries Commission approves a lobster v-notch restoration program having equivalent conservation value to the approved or future requirements of the Commission's Lobster Management Plan for Lobster Management Area 6 on or before November 1, 2006, then one hundred per cent of any appropriations made for the fiscal year ending June 30, 2007, for lobster stock recovery and conservation shall be made for the implementation of such program. If said Lobster Management Board does not approve such lobster restoration program on or before November 1, 2006, then sixty per cent of any such appropriations shall be used to implement the provisions of section 49 of this act and subsection (b) of section 26-157c of the general statutes, as amended by this act, and forty per cent of any such appropriation shall be used to implement the provisions of section 50 of this act.

Sec. 48. (NEW) (Effective from passage) Within available appropriations, the Commissioner of Environmental Protection shall establish a lobster trap allocation buy-back program to permanently retire lobster traps from the lobster fishery. The program shall provide for payment of fifteen dollars for each allocated lobster trap permanently retired from the lobster fishery.

Sec. 49. Section 26-157c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Commissioner of Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, governing the taking of lobsters in the waters of this state and the possession of lobsters in the state regardless of where taken for the purpose of conserving a