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Substitute House Bill No. 5163

Public Act No. 08-70

AN ACT EXPANDING THE ENFORCEMENT AUTHORITY OF THE DIVISION OF SPECIAL REVENUE.

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

Section 1. Section 12-557c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There shall be a Division of Special Revenue within the Department of Revenue Services for administrative purposes only. The Division of Special Revenue shall, in cooperation with the Gaming Policy Board, implement and administer the provisions of sections 7-169 to 7-186, inclusive, this chapter and [chapter] chapters 226b and 229a under the supervision of an executive director.

(b) The Division of Special Revenue shall be under the direction and control of an executive director who shall be responsible for the operation of his division. The executive director shall be appointed by the Governor, with the approval of the General Assembly, and shall be qualified and experienced in the functions performed by the Division of Special Revenue. The executive director may appoint a deputy and an executive assistant for the efficient conduct of the business of the division. The deputy executive director shall, in the absence or disqualification of the executive director or on his death, exercise the powers and duties of the executive director until he resumes his duties or the vacancy is filled. The deputy executive director and the executive assistant shall serve at the pleasure of the executive director. The executive director and the deputy executive director shall not participate actively in political management and campaigns. Such activity includes holding office in a political party, political organization or political club, campaigning for a candidate in a partisan election by making speeches, writing on behalf of a candidate, soliciting votes in support of or in opposition to a candidate and making contributions of time and money to political parties.

(c) Whenever the term "Commission on Special Revenue" occurs or is referred to in the public acts of the 1979 session of the General Assembly it shall be deemed to refer to the Division of Special Revenue within the Department of Business Regulation.

Sec. 2. Section 12-562 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Except as provided in subsection (b) of this section, the executive director shall have power to enforce the provisions of this chapter and chapter 226b, and with the advice and consent of the board, shall adopt all necessary regulations for that purpose and for carrying out, enforcing and preventing violation of any of the provisions of this chapter, for the inspection of licensed premises or enterprises, for insuring proper, safe and orderly conduct of licensed premises or enterprises and for protecting the public against fraud or overcharge. The executive director shall have power generally to do whatever is reasonably necessary for the carrying out of the intent of this chapter; and may call upon other administrative departments of the state government and of municipal governments for such information and assistance as he deems necessary to the performance of his duties.

(b) The special policemen in the Division of Special Revenue and the legalized gambling investigative unit in the Division of State Police within the Department of Public Safety shall be responsible for the criminal enforcement of the provisions of sections 7-169 to 7-186, inclusive, this chapter and [chapter] chapters 226b and 229a. They shall have the powers and duties specified in section 29-7c.

Sec. 3. Section 29-7c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

There is established a unit in the Division of State Police within the Department of Public Safety to be known as the legalized gambling investigative unit. The unit, in conjunction with the special policemen in the Division of Special Revenue, shall be responsible for (1) the criminal enforcement of the provisions of sections 7-169 to 7-186, inclusive, and chapters 226, [and] 226b and 229a, and (2) the investigation, detection of and assistance in the prosecution of any criminal matter or alleged violation of criminal law with respect to legalized gambling, provided the legalized gambling investigative unit shall be the primary criminal enforcement agency. Nothing in this section shall limit the powers granted to persons appointed to act as special policemen in accordance with the provisions of section 29-18c.

Approved May 27, 2008