House Bill No. 6001
               House Bill No. 6001

    June Special Session, PUBLIC ACT NO. 98-1


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

    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Section  4-124q  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    There  shall annually be paid to each regional
planning agency organized under the provisions  of
chapter  127, each regional council of governments
organized under the provisions  of  THIS  chapter,
[50,]   and   each  regional  council  of  elected
officials organized under the provisions  of  THIS
chapter  [50]  in  any  planning  region without a
regional planning agency, from  the  appropriation
for such purpose, a grant-in-aid equal to (1) five
and three-tenths per cent  of  such  appropriation
plus  (2)  for each agency or council which raises
local dues in excess of five and three-tenths  per
cent of such appropriation, an additional grant in
an  amount  equal  to  the  product  obtained   by
multiplying  the  appropriation  available for the
purpose  of  this  subdivision  by  the  following
fraction: The amount of dues raised by such agency
or council  pursuant  to  section  8-34a,  section
4-124f  or  section  4-124p  in excess of five and
three-tenths of such appropriation  shall  be  the
numerator.  The amount of such dues raised by each
such agency or  council  in  excess  of  five  and
three-tenths  per cent of such appropriation shall
be  added  together  and  the  sum  shall  be  the
denominator.
    Sec.  2.  Subsection  (h)  of section 5-259 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (h)  For the purpose of SUBSECTION (g) OF this
section, "Probate Court employee" means  a  person
employed  by  a  probate court for at least twenty
hours per week.
    Sec.   3.   Section  12-285a  of  the  general
statutes, as amended by section 11 of  public  act
97-243,   is   repealed   and   the  following  is
substituted in lieu thereof:
    For  purposes  of  sections  12-286a, 12-295a,
12-314a [, 12-315a] and subsection (a) of  section
53-344:  (1) "Distributor" includes a manufacturer
of tobacco products; (2) "sale" or "sell" means an
act done intentionally by any person, whether done
as  principal,  proprietor,  agent,   servant   or
employee,   of   transferring,   or   offering  or
attempting   to   transfer,   for   consideration,
cigarettes    or   tobacco   products,   including
bartering or exchanging, or offering to barter  or
exchange,  cigarettes  or  tobacco  products;  (3)
"give" or "giving" means an act done intentionally
by   any   person,   whether  done  as  principal,
proprietor,  agent,  servant   or   employee,   of
transferring,   or   offering   or  attempting  to
transfer,  without  consideration,  cigarettes  or
tobacco  products;  (4)  "deliver" or "delivering"
means an act done  intentionally  by  any  person,
whether  as  principal, proprietor, agent, servant
or  employee,  of  transferring,  or  offering  or
attempting  to  transfer,  physical  possession or
control of cigarettes or tobacco products.
    Sec.   4.   Section  12-315a  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    The  Commissioner  of  Revenue  Services shall
prepare a report on enforcement efforts undertaken
pursuant to sections 12-286a, 12-289a, 12-295a AND
12-314. [and 12-314a.] Such report  shall  include
the number of unannounced inspections conducted by
said  commissioner,  a  summary   of   enforcement
actions  taken  pursuant  to  said sections and an
assessment of the progress made  in  the  previous
fiscal   year  in  reducing  the  availability  of
tobacco  products  to  minors.  Said  commissioner
shall transmit such report on or before January 1,
1998,  and  annually  thereafter,  to  the   joint
standing  committee of the General Assembly having
cognizance of matters relating to  public  health,
to  the  select  committee of the General Assembly
having cognizance of matters relating to  children
and to the state agency designated by the Governor
as being responsible  for  reducing  the  rate  at
which  tobacco  products are being sold to persons
under eighteen years of age.
    Sec.  5.  Subdivision (5) of subsection (b) of
section 16-8 of the general statutes  is  repealed
and the following is substituted in lieu thereof:
    (5)   The   results   of  an  audit  performed
pursuant to this section shall be filed  with  the
department and shall be open to public inspection.
Upon completion and review of the  audit,  if  the
person or firm performing or supervising the audit
determines that any of the operating procedures or
any other internal workings of the affected public
service  company  are  inefficient,   improvident,
unreasonable, negligent or in abuse of discretion,
the department may, after notice  and  opportunity
for  a  hearing, order the affected public service
company to adopt such new or altered practices and
procedures  as the department shall find necessary
to promote efficient and adequate service to  meet
the   public   convenience   and   necessity.  The
department  shall  annually  submit  a  report  of
audits  performed  pursuant to this section to the
joint standing committee of the  General  Assembly
having  cognizance  of matters relating to [energy
and] public utilities which report  shall  include
the  status  of audits begun but not yet completed
and a summary of the results of audits completed.
    Sec.  6.  Subsection  (a) of section 16-32f of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)   On  or  before  October  first  of  each
even-numbered year, a gas company, as  defined  in
section  16-1,  shall  furnish  a  report  to  the
Department of Public Utility Control containing  a
ten-year  forecast  of  loads  and  resources. The
report shall describe the  facilities  and  supply
sources that, in the judgment of such gas company,
will be required to meet gas  demands  during  the
forecast   period.   The   report  shall  be  made
available to the public and shall be furnished  to
the  chief  executive officer of each municipality
in the service  area  of  such  gas  company,  the
regional  planning  agency  which encompasses each
such  municipality,  the  Attorney  General,   the
president  pro  tempore of the Senate, the speaker
of  the  House  of  Representatives,   the   joint
standing  committee of the General Assembly having
cognizance of matters  relating  to  [energy  and]
public  utilities, any other member of the General
Assembly making a request to  the  department  for
the  report  and  such  other  state and municipal
entities  as  the  department  may  designate   by
regulation.   The  report  shall  include:  (1)  A
tabulation of estimated peak loads  and  resources
for  each year; (2) data on gas use and peak loads
for the five preceding calendar years; (3) a  list
of  present  and projected gas supply sources; (4)
specific  measures  to  control  load  growth  and
promote   conservation;   and   (5)   such   other
information  as  the  department  may  require  by
regulation.  A full description of the methodology
used to  arrive  at  the  forecast  of  loads  and
resources   shall   also   be   furnished  to  the
department. The department  shall  hold  a  public
hearing on such reports. On or before August first
of each  odd-numbered  year,  the  department  may
request a gas company to furnish to the department
an updated report. A gas company shall furnish any
such  updated  report  not  later  than sixty days
following the request of the department.
    Sec.  7.  Subsection (a) of section 16-333f of
the general statutes, as amended by section  9  of
public  act  98-121, is repealed and the following
is substituted in lieu thereof:
    (a)  Each community antenna television company
shall inform  the  Department  of  Public  Utility
Control,  each subscriber, the chairpersons of the
joint standing committee [on  energy  and]  HAVING
COGNIZANCE OF MATTERS RELATING TO public utilities
and the  chairperson  of  the  company's  advisory
council of any planned programming or rate changes
not  less  than  thirty  days   unless   otherwise
required by federal law prior to implementing such
changes unless (1) such changes  are  required  by
law to be made in less than thirty days or (2) the
department prescribes a longer or  shorter  notice
period  in  appropriate  circumstances  where such
longer or shorter notice period  is  in  the  best
interest   of   the   company's  subscribers.  The
company's advisory council may  hold  an  advisory
public  hearing concerning the planned changes and
may then make  a  recommendation  to  the  company
prior  to  the  planned  implementation  date. The
department shall adopt regulations  in  accordance
with  chapter 54 to carry out the purposes of this
subsection.
    Sec.   8.   Section  16-333o  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    Upon  the  enactment  of  federal  legislation
authorizing rate regulation of  community  antenna
television  companies,  the  Department  of Public
Utility Control shall proceed  to  implement  such
rate   regulation  as  soon  as  practicable.  The
Department of Public Utility Control shall develop
a   schedule  and  plan  to  implement  such  rate
regulation and shall  submit  them  to  the  joint
standing  committee of the General Assembly having
cognizance of matters  relating  to  [energy  and]
public  utilities  within ninety days of enactment
of the federal legislation.
    Sec.  9.  Subsection  (a) of section 16-358 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)  Every  gas company, as defined in section
16-1,  owning   or   operating   any   underground
facilities  for  furnishing  gas  shall, every two
years, beginning  on  or  before  April  1,  1997,
furnish  a  report  to  the  Department  of Public
Utility Control concerning the condition  of  such
underground   gas   facilities  for  each  of  the
previous two calendar years. The report  shall  be
made   available   to  the  public  and  shall  be
furnished to the chief executive officer  of  each
municipality   in   which   such  underground  gas
facilities  are  located,  the  regional  planning
agency  which  encompasses each such municipality,
the Attorney General, the president pro tempore of
the   Senate,   the   speaker   of  the  House  of
Representatives, the joint standing  committee  of
the  General Assembly having cognizance of matters
relating to [energy  and]  public  utilities,  any
other  member  of  the  General  Assembly making a
request to the department for the report and  such
other state and municipal bodies as the department
may designate  by  regulation.  The  report  shall
include:  (1)  Information  concerning the age and
condition of such underground gas facilities;  (2)
data  on all major repairs to such underground gas
facilities undertaken during the reporting period;
(3)  plans  for  replacing  aged, deteriorated and
obsolete piping; (4) plans for the construction of
new underground gas facilities; and (5) such other
information  as  the  department  may  require  by
regulation.
    Sec.   10.   Section  16-359  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    Every  two  years,  beginning October 1, 1997,
the  Department  of  Public  Utility  Control  may
submit  a  report  concerning  compliance with and
enforcement of the provisions  contained  in  this
chapter  to  the  joint  standing committee of the
General  Assembly  having  cognizance  of  matters
relating  to  [energy  and] public utilities. Such
reports shall be based upon data assembled for the
most  recent  twenty-four-month  period  and shall
include,  without  limitation,   the   number   of
notifications made to the central clearinghouse, a
detailed listing of accident,  damage  and  injury
reports  and  a  detailed  listing  of enforcement
actions brought and civil penalties imposed by the
department.  Such  report  shall  also contain the
findings and  recommendations  of  the  department
with respect to the improvement of compliance with
and enforcement of  the  provisions  contained  in
this  chapter  and  an  evaluation  of the overall
condition   of   the   state's   underground   gas
facilities,  including  the  potential for harm to
the public and  disruption  of  service  resulting
from  aged,  deteriorated and obsolete underground
facilities.
    Sec.  11. Subsection (c) of section 16a-37u of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (c)  The Secretary of the Office of Policy and
Management, in conjunction with the Department  of
Public  Works,  shall  as  soon as practicable and
where  cost-effective  connect   all   state-owned
buildings   to  a  district  heating  and  cooling
system, where  such  heating  and  cooling  system
currently  exists  or  where  one is proposed. The
secretary, in conjunction with the  Department  of
Public  Works, shall prepare an annual report with
the  results  of  his   progress   in   connecting
state-owned   buildings  to  such  a  heating  and
cooling system, the cost of  such  connection  and
any  projected energy savings achieved through any
such connection. The secretary  shall  submit  his
report  to  the  joint  standing  committee of the
General  Assembly  having  cognizance  of  matters
relating  to  energy  [and public utilities] on or
before January 1, 1993, and January first annually
thereafter.
    Sec.  12. Subsection (d) of section 17b-522 of
the general statutes, as amended by section 23  of
public  act  98-250, is repealed and the following
is substituted in lieu thereof:
    (d)   [Each]   THE  statement  required  under
subsections (a) and (b) of this section  shall  be
signed  and  dated  by  the  prospective  resident
before the execution  of  a  contract  to  provide
continuing  care  or  before  the  transfer of any
money or other property to a  provider  by  or  on
behalf  of  the  prospective  resident.  Each such
statement shall contain  an  acknowledgement  that
such  statement  and  the continuing-care contract
have been reviewed by the prospective resident  or
his  legal  representative. Such signed statements
shall be kept on file by the provider for a period
of not less than the term of the contract.
    Sec.   13.  Section  17a-510  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    Any  person who is a patient in a hospital for
psychiatric disabilities upon  the  order  of  any
court  of  probate,  or his or her representative,
may make application to the court of  probate  for
the district in which such hospital is located for
his  or  her  release  from  said  hospital.  Upon
receipt  of any such application, such court shall
assign a time, not later than ten days thereafter,
and  a  place  for  hearing  such application, and
shall cause reasonable notice thereof to be  given
to   the  applicant,  the  superintendent  of  the
hospital where the applicant is  confined  and  to
such relative or relatives and friends as it deems
advisable. Such notice shall inform the  applicant
that  he  or  she has a right to be present at the
hearing and to present evidence  at  the  hearing;
that  he or she has a right to counsel; that he or
she, if indigent, has  a  right  to  have  counsel
appointed  to represent him or her; and that he or
she has a right to cross-examine witnesses at  any
hearing upon such application. Notwithstanding the
provisions of chapter 899, hospital records  shall
be  admissible  in  evidence. Nothing herein shall
prevent timely objection to the  admissibility  of
evidence  in  accordance  with  the rules of civil
procedure. Unless the  court  finds  that  further
confinement  of  the  applicant  is  necessary  in
accordance with the standards set forth in section
17a-498, the court shall order the release of such
person. All of the expenses in connection with  an
application filed under this section shall be paid
by the applicant, unless the applicant is indigent
or otherwise unable to pay such expenses, in which
case such expenses shall be paid by the state from
funds  appropriated  to  the  Department of Mental
Health and Addiction Services, in accordance  with
rates   established   by   said   department,  and
attorney's  fees  shall  be  established  by   the
Probate  Court  Administrator,  and  paid from the
Probate Court Administration Fund, provided in  no
event  shall  the  expenses  be  paid  for any one
applicant for more than two hearings  in  any  one
year,   including  the  hearing  provided  for  in
subsection (g) of section 17a-498. Such court may,
for  reasonable  cause  shown,  order  any  person
confined   in   a   hospital    for    psychiatric
disabilities  to  be removed to any other hospital
for psychiatric disabilities in this state. If the
officers,   directors   or  trustees  of  a  state
hospital for psychiatric disabilities are notified
by the superintendent of such institution or other
person in a managerial capacity that he has reason
to  believe  that  any person committed thereto by
order of a probate court does not have psychiatric
disabilities  or  IS  NOT a suitable subject to be
confined in such institution,  or  is  appropriate
for  voluntary status, such officers, directors or
trustees may discharge such person or convert  the
status of such person to voluntary status pursuant
to section 17a-506. The  superintendent  or  other
director  of  such  institution  shall notify such
person's next of  kin  or  close  friend  of  such
person's discharge, provided such patient consents
in writing to such notification.
    Sec.   14.  Section  17a-510  of  the  general
statutes, as amended by section 13 of  public  act
96-170,   is   repealed   and   the  following  is
substituted in lieu thereof:
    Any  person who is a patient in a hospital for
psychiatric disabilities upon  the  order  of  any
court  of  probate,  or his or her representative,
may make application to the court of  probate  for
the district in which such hospital is located for
his  or  her  release  from  said  hospital.  Upon
receipt  of any such application, such court shall
assign a time, not later than ten days thereafter,
and  a  place  for  hearing  such application, and
shall cause reasonable notice thereof to be  given
to   the  applicant,  the  superintendent  of  the
hospital where the applicant is  confined  and  to
such relative or relatives and friends as it deems
advisable. Such notice shall inform the  applicant
that  he  or  she has a right to be present at the
hearing and to present evidence  at  the  hearing;
that  he or she has a right to counsel; that he or
she, if indigent, has  a  right  to  have  counsel
appointed  to represent him or her; and that he or
she has a right to cross-examine witnesses at  any
hearing upon such application. Notwithstanding the
provisions of chapter 899, hospital records  shall
be  admissible  in  evidence. Nothing herein shall
prevent timely objection to the  admissibility  of
evidence  in  accordance  with  the rules of civil
procedure. Unless the  court  finds  that  further
confinement  of  the  applicant  is  necessary  in
accordance with the standards set forth in section
17a-498, the court shall order the release of such
person. All of the expenses in connection with  an
application filed under this section shall be paid
by the applicant, unless the applicant is indigent
or otherwise unable to pay such expenses, in which
case such expenses shall be paid by the state from
funds  appropriated  to  the  Department of Mental
Health and Addiction Services, in accordance  with
rates   established   by   said   department,  and
attorney's fees shall be established by, and  paid
from   funds   appropriated   to,   the   Judicial
Department,  however,  if  funds  have  not   been
included  in the budget of the Judicial Department
for such  attorney's  fees,  such  fees  shall  be
established by the Probate Court Administrator and
paid from the Probate Court  Administration  Fund,
provided  in  no  event shall the expenses be paid
for any one applicant for more than  two  hearings
in  any  one  year, including the hearing provided
for in subsection (g)  of  section  17a-498.  Such
court  may,  for reasonable cause shown, order any
person confined  in  a  hospital  for  psychiatric
disabilities  to  be removed to any other hospital
for psychiatric disabilities in this state. If the
officers,   directors   or  trustees  of  a  state
hospital for psychiatric disabilities are notified
by the superintendent of such institution or other
person in a managerial capacity that he has reason
to  believe  that  any person committed thereto by
order of a probate court does not have psychiatric
disabilities  or  IS  NOT a suitable subject to be
confined in such institution,  or  is  appropriate
for  voluntary status, such officers, directors or
trustees may discharge such person or convert  the
status of such person to voluntary status pursuant
to section 17a-506. The  superintendent  or  other
director  of  such  institution  shall notify such
person's next of  kin  or  close  friend  of  such
person's discharge, provided such patient consents
in writing to such notification.
    Sec.   15.  Section  17a-541  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    No  patient  hospitalized  or  treated  in any
public or private facility for  the  treatment  of
persons  with  psychiatric  disabilities  shall be
deprived  of  any  personal,  property  or   civil
rights,  including  the  right  to  vote,  hold or
convey  property,  and   [contract]   ENTER   INTO
CONTRACTS,  except  in accordance with due process
of law, and unless such patient has been  declared
incapable pursuant to sections 45a-644 to 45a-662,
inclusive.  Any  finding  of  incapability   shall
specifically  state which civil or personal rights
the patient is incapable of exercising.
    Sec.  16.  Subsection (a) of section 19a-7b of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)  There is established a Health Care Access
Commission,  within  the  legislative  department,
which  shall be comprised of: The Commissioners of
Public Health and Social Services,  the  Insurance
Commissioner, the chairman of the Office of Health
Care  Access,  three  members  appointed  by   the
president  pro  tempore of the Senate, one of whom
shall be a member of the joint standing  committee
of  the  General  Assembly  having  cognizance  of
matters relating to public  health,  one  of  whom
shall  represent  community health centers and one
of whom shall represent  mental  health  services;
two  members  appointed  by the majority leader of
the Senate one of whom shall represent  commercial
insurance   companies   and   one  of  whom  shall
represent the disabled; three members appointed by
the  minority  leader  of  the Senate, one of whom
shall be a member of the joint standing  committee
of  the  General  Assembly  having  cognizance  of
matters relating to appropriations and the budgets
of  state  agencies,  one  of whom shall represent
Blue Cross and Blue Shield of  Connecticut,  Inc.,
and  one  of  whom shall represent small business;
three members appointed  by  the  speaker  of  the
House  of  Representatives, one of whom shall be a
member of the  joint  standing  committee  of  the
General  Assembly  having  cognizance  of  matters
relating to human  services,  one  of  whom  shall
represent   consumers   and   one  of  whom  shall
represent labor;  two  members  appointed  by  the
majority  leader  of  the House of Representatives
one of whom shall represent large business and one
of  whom  shall  represent children; three members
appointed by the minority leader of the  House  of
Representatives,  one of whom shall be a member of
the  joint  standing  committee  of  the   General
Assembly  having cognizance of matters relating to
insurance, [and real estate,] one  of  whom  shall
represent  hospitals  and  one  of whom shall be a
pediatric primary care physician. All  members  of
the commission may be represented by designees.
    Sec.  17. Subdivision (6) of subsection (c) of
section 19a-88 of the general statutes is repealed
and the following is substituted in lieu thereof:
    (6)   Each  person  holding  a  license  as  a
physician assistant shall,  annually,  during  the
month  of  his birth, register with the Department
of  Public  Health,  upon  payment  of  a  fee  of
seventy-five dollars, on blanks to be furnished by
the department for such purpose, giving  his  name
in  full,  his  residence and business address and
such other information as the department requests.
No  such  license  shall  be  renewed  unless  the
department is satisfied that the practitioner  has
met  the  mandatory  continuing  medical education
requirements  of  the  National  Commission   [for
Current   Certification  by  said  commission]  ON
CERTIFICATION  OF  PHYSICIAN   ASSISTANTS   OR   A
SUCCESSOR  ORGANIZATION  FOR  THE CERTIFICATION OR
RECERTIFICATION OF PHYSICIAN ASSISTANTS  THAT  MAY
BE  APPROVED  BY THE DEPARTMENT and has passed any
examination or continued competency assessment the
passage   of   which   may  be  required  by  said
commission    for    maintenance    of     current
certification by said commission.
    Sec. 18. Subsection (c) of section 20-9 of the
general  statutes, as  amended  by  section  3  of
public act 98-43, is repealed and the following is
substituted in lieu thereof:
    (c)  This  section  shall not authorize anyone
to practice optometry as defined in chapter 380 or
to practice dentistry AS DEFINED IN CHAPTER 379 or
dental hygiene as defined in chapter [379] 379a.
    Sec.   19.  Section  20-112a  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    A  licensed  dentist  may  delegate  to dental
assistants such dental procedures as he  may  deem
advisable,  but such procedures shall be performed
under his supervision and  control  and  he  shall
assume   responsibility   for   such   procedures;
provided such assistants may not  engage  in:  (1)
Diagnosis   for   dental   procedures   or  dental
treatment; (2) the cutting or removal of any  hard
or soft tissue or suturing; (3) the prescribing of
drugs or medications which require the written  or
oral order of a licensed dentist or physician; (4)
the   administration   of    local,    parenteral,
inhalation   or   general   anesthetic  agents  in
connection with any  dental  operative  procedure;
(5)  the  taking of any impression of the teeth or
jaws or the relationship of the teeth or jaws  for
the   purpose  of  fabricating  any  appliance  or
prosthesis;  (6)  the   placing,   finishing   and
adjustment  of  temporary  or  final restorations,
capping  materials  and  cement  bases;  (7)   the
practice  of  dental hygiene as defined in section
[20-111] 20-126l.
    Sec.  20. Subsection (d) of section 20-162o of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (d)  The  department  may,  upon receipt of an
application  for   respiratory   care   licensure,
accompanied  by  the  licensure application fee of
one  hundred  fifty  dollars,  issue  a  temporary
permit   to   a   person   who  has  completed  an
educational  program  in  respiratory  care  which
satisfies  the  requirements of subdivision (1) of
subsection (a) of  this  section.  Such  temporary
permit  shall  authorize the permittee to practice
as  a  respiratory  care  practitioner  under  the
supervision  of a person licensed pursuant to this
section. Such practice shall be limited  to  those
settings   where   the   licensed   supervisor  is
physically  present  on  the   premises   and   is
immediately  available  to  render  assistance and
supervision as  needed,  to  the  permittee.  Such
temporary  permit  shall be valid from the date of
issuance of same until the date of issuance of the
results  of  the  first  examination  administered
pursuant to subdivision [(1)]  (2)  of  subsection
(a)  of  this  section,  following the permittee's
completion  of   said   educational   program   in
respiratory  care.  Such permit shall remain valid
for each person who passes said examination  until
the  permittee  receives  their  license  from the
department. Such  permit  shall  become  void  and
shall  not  be  reissued  in  the  event  that the
permittee  fails  to  pass  said  examination.  No
permit  shall  be  issued  to  any  person who has
previously failed said examination or who  is  the
subject  of  an  unresolved  complaint  or pending
professional disciplinary action. Violation of the
restrictions on practice set forth in this section
may constitute a basis for denial of licensure  as
a respiratory care practitioner.
    Sec.   21.   Section  25-33n  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    On  or  before  the second Wednesday after the
convening of each regular session of  the  General
Assembly,  the Commissioner of Public Health shall
submit a report to the joint  standing  committees
of  the  General  Assembly  having  cognizance  of
matters relating to the  environment  and  [energy
and]  public utilities, which describes the status
of,  for  the  year  ending  the  preceding   June
thirtieth,  the water planning process established
under sections 25-33g to  25-33j,  inclusive,  and
efforts to expedite the process.
    Sec.  22.  Subsection (c) of section 31-51o of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (c)  Notwithstanding  the  provisions  of this
section,  any  contractual  agreement  arrived  at
through   a  collective  bargaining  process  that
contains provisions requiring the employer to  pay
for  the  continuation  of  existing  group health
insurance for his affected employees in the  event
of  a  [plant]  relocation or closing OF A COVERED
ESTABLISHMENT shall supersede the requirements  of
this  section and, in the event of a conflict, the
contractual  provisions  shall  be  deemed  to  be
controlling.
    Sec.  23.  Subsection (c) of section 33-929 of
the general statutes, as amended by section 36  of
public  act  97-246, is repealed and the following
is substituted in lieu thereof:
    (c)  When  the  Secretary of the State and his
successors in office have been appointed a foreign
corporation's    registered   agent,   a   foreign
corporation may be served by any proper officer or
other person lawfully empowered to make service by
leaving  two  true  and  attested  copies  thereof
together  with  the  required fee at the office of
the Secretary of the State or depositing the  same
in  the  United  States  mail,  by  registered  or
certified  mail,  postage  prepaid,  addressed  to
[such]  SAID  office.  The  Secretary of the State
shall file one copy of such  process  and  keep  a
record  of  the  date and hour of such receipt. He
shall,  within  two  business  days   after   such
service,  forward  by registered or certified mail
the copy of such process to the corporation at the
address  of  its principal office as last shown on
his records.
    Sec.  24. Subsection (c) of section 33-1219 of
the general statutes, as amended by section 79  of
public  act  97-246, is repealed and the following
is substituted in lieu thereof:
    (c)  When  the  Secretary of the State and his
successors in office have been appointed a foreign
corporation's    registered   agent,   a   foreign
corporation may be served by any proper officer or
other person lawfully empowered to make service by
leaving  two  true  and  attested  copies  thereof
together  with  the  required fee at the office of
the Secretary of the State or depositing the  same
in  the  United  States  mail,  by  registered  or
certified  mail,  postage  prepaid,  addressed  to
[such]  SAID  office.  The  Secretary of the State
shall file one copy of such  process  and  keep  a
record  of  the  date and hour of such receipt. He
shall,  within  two  business  days   after   such
service,  forward  by registered or certified mail
the copy of such process to the corporation at the
address  of  its principal office as last shown on
his records.
    Sec.  25.  Subsection (b) of section 34-38q of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b)  A  foreign  limited  partnership's  agent
upon whom  process  may  be  served  shall  be  as
follows:  When  the Secretary of the State and his
successors  have  been  appointed   such   limited
partnership's  agent  for  service  of process, by
leaving  two  true  and  attested  copies  thereof
together  with  the  required fee at the office of
the Secretary of the State or depositing the  same
in  the  United  States  mails,  by  registered or
certified  mail,  postage  prepaid,  addressed  to
[such]  SAID  office.  The  Secretary of the State
shall file one copy of such  process  and  keep  a
record  of the date and hour of such receipt, and,
within  two  business  days  after  such  service,
forward  by registered or certified mail the other
copy of such process to the limited partnership at
the  address  of  the  office  designated  in  the
certificate  of  registration  filed  pursuant  to
section  34-38g,  as  last  shown  on his records.
Service so made shall be effective as of the  date
and hour received by the Secretary of the State as
shown on his  records.  If  it  appears  from  the
records  of the Secretary of the State that such a
foreign limited partnership has failed to  appoint
or  maintain  a statutory agent for service, or if
it appears by affidavit attached to  the  process,
notice  or  demand  of the officer or other proper
person directed to serve any  process,  notice  or
demand  upon  such a foreign limited partnership's
statutory  agent  for  service  appearing  on  the
records  of  the  Secretary of the State that such
agent cannot, with reasonable diligence, be found,
service  of such process, notice or demand on such
foreign limited partnership may, when timely made,
be made by such officer or other proper person by:
(1) Leaving  a  true  and  attested  copy  thereof
together  with  the  required fee at the office of
the Secretary of the State or depositing the  same
in  the  United  States  mails,  by  registered or
certified  mail,  postage  prepaid,  addressed  to
[such]  SAID  office,  and  (2)  depositing in the
United States mails, by  registered  or  certified
mail,  postage  prepaid,  a true and attested copy
thereof, together with a statement by such officer
that  service  is  being  made  pursuant  to  this
section,  addressed  to   such   foreign   limited
partnership   at   the   address   of  the  office
designated   in   the   certificate   of   limited
partnership  in the state of formation as shown on
the records of such state.
    Sec.  26.  Subsection (b) of section 34-105 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b)  If  it  appears  from  the records of the
Secretary  of  the  State  that  such  a   limited
liability   company   has  failed  to  appoint  or
maintain a statutory agent for service, or  if  it
appears by affidavit endorsed on the return of the
officer or other proper person directed  to  serve
any  process, notice or demand upon such a limited
liability company's statutory  agent  for  service
appearing  on  the records of the Secretary of the
State that  such  agent  cannot,  with  reasonable
diligence,  be  found at the address shown on such
records as the agent's address,  service  of  such
process,   notice   or   demand  on  such  limited
liability company may, when timely made,  be  made
by  such  officer  or  other proper person by: (1)
Leaving a true and attested copy thereof  together
with  the  required  fee  at  the  office  of  the
Secretary of the State or depositing the  same  in
the   United   States   mails,  by  registered  or
certified  mail,  postage  prepaid,  addressed  to
[such]  SAID  office,  and  (2)  depositing in the
United States mails, by  registered  or  certified
mail,  postage  prepaid,  a true and attested copy
thereof, together with a statement by such officer
that  service  is  being  made  pursuant  to  this
section,  addressed  to  such  limited   liability
company at its principal office.
    Sec.  27.  Subsection (b) of section 34-225 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b)  A  foreign  limited  liability  company's
agent upon whom process may be served shall be  as
follows:  When  the Secretary of the State and his
successors  have  been  appointed   such   limited
liability  company's agent for service of process,
by leaving two true and  attested  copies  thereof
together  with  the  required fee at the office of
the Secretary of the State or depositing the  same
in  the  United  States  mails,  by  registered or
certified  mail,  postage  prepaid,  addressed  to
[such]  SAID  office.  The  Secretary of the State
shall file one copy of such  process  and  keep  a
record  of the date and hour of such receipt, and,
within  two  business  days  after  such  service,
forward  by registered or certified mail the other
copy of such  process  to  the  limited  liability
company at the address of the office designated in
the application for registration filed pursuant to
section 34-223. Service so made shall be effective
as of the date and hour received by the  Secretary
of  the  State  as  shown  on  his  records. If it
appears from the records of the Secretary  of  the
State   that  such  a  foreign  limited  liability
company  has  failed  to  appoint  or  maintain  a
statutory  agent  for service, or if it appears by
affidavit  attached  to  the  process,  notice  or
demand  of  the  officer  or  other  proper person
directed to serve any process,  notice  or  demand
upon  such  a  foreign limited liability company's
statutory  agent  for  service  appearing  on  the
records  of  the  Secretary of the State that such
agent cannot, with reasonable diligence, be found,
service  of such process, notice or demand on such
foreign limited liability company may, when timely
made,  be  made  by  such  officer or other proper
person by: (1) Leaving a true  and  attested  copy
thereof  together  with  the  required  fee at the
office of the Secretary of the State or depositing
the same in the United States mails, by registered
or certified mail, postage prepaid,  addressed  to
[such]  SAID  office,  and  (2)  depositing in the
United States mails, by  registered  or  certified
mail,  postage  prepaid,  a true and attested copy
thereof, together with a statement by such officer
that  service  is  being  made  pursuant  to  this
section,  addressed  to   such   foreign   limited
liability  company  at  the  address of the office
designated in the articles of organization in  the
state of formation as shown on the records of such
state.
    Sec.  28. Subsection (f) of section 38a-660 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (f)  Every  applicant  for a license must file
with the  commissioner  a  notice  of  appointment
executed   by   an   insurer   or  its  authorized
representative  authorizing  such   applicant   to
execute  undertakings  of  bail and to solicit and
negotiate such undertakings on  its  behalf.  Each
appointment shall, by its terms, continue in force
until: (1) Termination of  the  surety  bail  bond
agent's  license; or (2) the filing of a notice of
termination   by   the   insurer   [,]   OR    its
representative or by such surety bail bond agent.
    Sec.  29. Subsection (j) of section 38a-660 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (j)  The commissioner may adopt regulations in
accordance  with  the  provisions  of  chapter  54
relating  to  the  approval  of  schools  offering
courses in the duties and responsibilities [to] OF
surety  bail  bond  agents,  the  content  of such
courses and the advertising to the public  of  the
services of these schools.
    Sec.  30. Subsection (n) of section 38a-660 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (n)  Any individual aggrieved by the action of
the  commissioner  in  revoking,   suspending   or
refusing  to  reissue  a  license or in imposing a
fine  or  penalty   may   appeal   therefrom,   in
accordance  with  the provisions of section 4-183,
except venue for  such  appeal  shall  be  in  the
judicial   district   of   Hartford-New  Britain*.
Appeals under this section  [and  section  54-65a]
shall  be  privileged  in  respect to the order of
trial assignment.
    Sec.  31.  Subsection (c) of section 42a-5-116
of  the  general  statutes  is  repealed  and  the
following is substituted in lieu thereof:
    (c)  Except  as  otherwise  provided  in  this
subsection, the liability of an issuer,  nominated
person  or  adviser  is  governed  by any rules of
custom or practice, such as  the  Uniform  Customs
and Practice for Documentary Credits, to which the
letter   of   credit,   confirmation   or    other
undertaking is expressly made subject. If (i) this
article would govern the liability of  an  issuer,
nominated  person  or adviser under subsection (a)
or  (b)  of  this  section,  (ii)   the   relevant
undertaking   incorporates   rules  of  custom  or
practice, and (iii) there is conflict between this
article   and  those  rules  as  applied  to  that
undertaking, those  rules  govern  except  to  the
extent   of  any  conflict  with  the  nonvariable
provisions specified in SUBSECTION (c) OF  section
42a-5-103.
    Sec.  32.  Subsection (b) of section 42a-5-117
of  the  general  statutes  is  repealed  and  the
following is substituted in lieu thereof:
    (b)    An    [application]    APPLICANT   that
reimburses an issuer is subrogated to  the  rights
of  the  issuer against any beneficiary, presenter
or nominated person to the same extent as  if  the
applicant   were  the  secondary  obligor  of  the
obligations owed to the issuer and has the  rights
of  subrogation of the issuer to the rights of the
beneficiary  stated  in  subsection  (a)  of  this
section.
    Sec.  33.  Section  42a-9-305  of  the general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    A  security interest in [letters of credit and
advices of credit,] goods, instruments, other than
certificated    securities,    money,   negotiable
documents or chattel paper may be perfected by the
secured   party's   taking   possession   of   the
collateral. A security interest in  the  right  to
proceeds  of  a  written  letter  of credit may be
perfected by the secured party's taking possession
of  the letter of credit. If such collateral other
than goods covered by  a  negotiable  document  is
held  by  a bailee, the secured party is deemed to
have possession from the time the bailee  receives
notification  of  the  secured party's interest. A
security interest is perfected by possession  from
the time possession is taken without relation back
and  continues  only  so  long  as  possession  is
retained,   unless  otherwise  specified  in  this
article. The security interest  may  be  otherwise
perfected  as  provided  in this article before or
after the period  of  possession  by  the  secured
party.
    Sec.  34. Subsection (b) of section 45a-206 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b)  Such  corporation  shall  not act in such
capacity until it has  appointed  in  writing  the
Secretary  of  the  State  and  his  successors in
office to be its attorney, upon whom  all  process
in  any  action  or  proceeding  against it may be
served in any action or proceeding relating to its
activities  in such capacity. In such writing such
corporation shall agree that any  process  against
it   which  is  served  on  [such  secretary]  THE
SECRETARY OF THE STATE shall be of the same  legal
force   and   validity   as   if  served  on  such
corporation,  and  that  such  appointment   shall
continue  so  long  as any liability on account of
such activities remains  outstanding  against  the
corporation in this state.
    Sec.  35.  Subsection (c) of section 52-59b of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (c)  Any  nonresident  individual,  or foreign
partnership,   or   his   or   its   executor   or
administrator,  over  whom  a  court  may exercise
personal jurisdiction, as provided  in  subsection
(a),   shall  be  deemed  to  have  appointed  the
Secretary of the State as its attorney and to have
agreed  that  any  process  in  any  civil  action
brought  against  the  nonresident  individual  or
foreign  partnership,  or  his  or its executor or
administrator, may be served upon the Secretary of
the  State  and shall have the same validity as if
served upon the nonresident individual or  foreign
partnership   personally.  The  process  shall  be
served by the officer to whom the same is directed
upon the secretary OF THE STATE by leaving with or
at the office of the secretary OF  THE  STATE,  at
least  twelve  days  before the return day of such
process, a true and attested copy thereof, and  by
sending   to   the  defendant  at  his  last-known
address, by registered or certified mail,  postage
prepaid,  a  like  true  and attested copy with an
endorsement  thereon  of  the  service  upon   the
secretary  OF  THE STATE. The officer serving such
process upon the  secretary  OF  THE  STATE  shall
leave with the secretary OF THE STATE, at the time
of service, a fee of  twenty-five  dollars,  which
fee  shall  be  taxed in favor of the plaintiff in
his costs if he prevails in any such  action.  The
Secretary of the State shall keep a record of each
such process and the day and hour of service.
    Sec.   36.   Section  53-344  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  Any  person  who sells, gives or delivers
to any minor under eighteen years of age  tobacco,
unless   the  minor  is  delivering  or  accepting
delivery in his capacity as an  employee,  in  any
form  shall  be  fined  not  more than two hundred
dollars for the first offense, NOT MORE THAN three
hundred  fifty dollars for a second offense within
an eighteen-month period and not  more  than  five
hundred dollars for each subsequent offense within
an eighteen-month period.
    (b)  Any  person  [less  than]  UNDER eighteen
years of age who purchases  or  misrepresents  his
age to purchase tobacco in any form shall be fined
not more than fifty dollars for the first  offense
and  not less than fifty dollars nor more than one
hundred dollars for each subsequent offense.
    Sec.  37.  Section  53a-110c  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  A  person is guilty of CRIMINAL violation
of a standing criminal restraining order  when  an
order issued pursuant to subsection (a) of section
53a-40e has been issued against such  person,  and
such person violates such order.
    (b)  Criminal violation of a standing criminal
restraining order is a class D felony.
    Sec.  38.  Section  53a-161d  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  A  person  is guilty of paying a kickback
when he knowingly offers or pays any  benefit,  in
cash  or  kind,  to  any  person  with  intent  to
influence such person: (1) To refer an individual,
or  to  arrange for the referral of an individual,
for the furnishing of any [good] GOODS, facilities
or  services  for  which  a  claim for benefits or
reimbursement has been filed with a  local,  state
or  federal  agency;  or  (2)  to purchase, lease,
order or arrange for or recommend the  purchasing,
leasing  or  ordering  of any goods, facilities or
services  for  which  a  claim  of   benefits   or
reimbursement  has  been filed with a local, state
or federal agency.
    (b) Paying a kickback is a class D felony.
    Sec.  39.  Subsection (c) of section 54-33a of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (c)  A  warrant  may  issue  only on affidavit
sworn to by the complainant or complainants before
the judge and establishing the grounds for issuing
the warrant, which affidavit shall be part of  the
arrest  file.  If  the  judge  is  satisfied  that
grounds for the application exist or that there is
probable  cause  to  believe  that  they exist, he
shall issue a warrant identifying the property and
naming or describing the person, place or thing to
be searched. The warrant shall be directed to  any
police  officer  [or]  OF  a  regularly  organized
police department or any state policeman or  to  a
conservation officer, special conservation officer
or patrolman acting pursuant to section  26-6.  It
shall  state the grounds or probable cause for its
issuance and  it  shall  command  the  officer  to
search  within a reasonable time the person, place
or thing named, for the property specified.
    Sec.  40. Subsection (a) of section 54-102a of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)  The  court  before  which  is pending any
case involving a violation  of  any  provision  of
[this  part] SECTIONS 53a-65 TO 53a-89, INCLUSIVE,
may, before final disposition of such case,  order
the examination of the accused person to determine
whether or not he is suffering from  any  venereal
disease, unless the court from which such case has
been transferred has ordered  the  examination  of
the  accused  person  for  such  purpose, in which
event the court to which such  transfer  is  taken
may   determine  that  a  further  examination  is
unnecessary.
    Sec.  41.  Subsection  (c)  of  section  1  of
public act 96-228 is repealed and the following is
substituted in lieu thereof:
    (c)  Every standing criminal restraining order
of the court made in accordance with this  section
shall  contain the following language: "This order
shall remain in effect until modified  or  revoked
by  the  court for good cause shown. In accordance
with section  [1]  2  of  [this  act]  PUBLIC  ACT
96-228,   violation   of   a   standing   criminal
restraining order issued by the court pursuant  to
subsection   (a)   of   this   section,  shall  be
punishable by a term of imprisonment of  not  less
than  one year nor more than five years, a fine of
not more than five thousand dollars or both."
    Sec.  42.  Subsection  (c) of section 9-46a of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (c)  The Judicial Department, the Commissioner
of Correction and  the  BOARD  OF  Parole  [Board]
shall establish procedures to inform those persons
who have been convicted of  a  felony,  have  been
under   the   jurisdiction   of  said  department,
commissioner or board and  are  eligible  to  have
their  electoral  privileges  restored pursuant to
subsection (a) of this section, of the  right  and
procedures to have such privileges restored.
    Sec.  43.  Subsection  (a) of section 5-202 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)  Any  employee  who is not included in any
collective bargaining unit of state employees  and
who   has  achieved  a  permanent  appointment  as
defined in [subsection (r)]  SUBDIVISION  (19)  of
section  5-196 may appeal to the Employees' Review
Board if he  or  she  receives  an  unsatisfactory
performance evaluation or is demoted, suspended or
dismissed, or is aggrieved as a result of  alleged
discrimination,  or  unsafe  or  unhealthy working
conditions    or    violations    involving    the
interpretation and application of a specific state
personnel  statute,  regulation  or   rule.   Such
employee   must  have  complied  with  preliminary
review procedures, except as otherwise provided in
subsection  (k)  of  this  section. Such an appeal
shall be submitted to the board within thirty days
of  the  completion  of  the  final  level  of the
preliminary review procedure, provided  the  first
level  of  the procedure shall have been initiated
no later than thirty calendar days from  the  date
of  the alleged violation, except that in cases of
dismissal, demotion or  suspension  the  grievance
must  be  submitted directly to the third level of
the procedure and shall  have  been  initiated  no
later than thirty calendar days from the effective
date of such action.
    Sec.  44.  Subsection (b) of section 14-36e of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b)   Each   local   and   regional  board  of
education may provide a course of  instruction  in
motor  vehicle  operation  and highway safety on a
secondary school level, which course shall consist
of  not  less than thirty clock hours of classroom
instruction offered during or after  school  hours
as said board of education, in its discretion, may
provide,   and   may   include    behind-the-wheel
instruction  of  not  less  than [six] EIGHT clock
hours. Said course shall be open to  enrolment  by
any   person  between  the  ages  of  sixteen  and
eighteen, inclusive, who is a resident of the town
or  school  district  or  whose parent, parents or
legal guardian owns property taxable in such  town
or  school  district.  Any such board of education
may contract for such behind-the-wheel instruction
with a licensed drivers' school.
    Sec.  45.  Subsection  (b) of section 14-39 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b)  Each  such  nonresident  shall display on
the   motor   vehicle   he   is   operating    the
distinguishing  number  or  mark  required  by the
state or country within which the motor vehicle is
registered.  He shall conform to all provisions of
the general statutes regarding equipment,  marking
and operation of motor vehicles registered in this
state, except that the commissioner may enter into
reciprocal  agreements  with  the  [Motor Vehicle]
Commissioner  OF  MOTOR  VEHICLES  or  other  like
authority  of  another  state, district or country
concerning the equipment, marking or inspection of
motor vehicles and may grant privileges concerning
noncompliance  with  Connecticut  laws   requiring
certain equipment, marking and inspection of motor
vehicles if substantially similar  privileges  are
granted   regarding  the  equipment,  marking  and
inspection  of  Connecticut  registered   vehicles
operating in that state, district or country.
    Sec.  46.  Subsection (b) of section 14-49b of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b)    The   Commissioner   of   Environmental
Protection, in consultation with the  Commissioner
of  Motor  Vehicles, shall annually, within ninety
days prior to the beginning of  the  next  ensuing
fiscal year, submit to the Secretary of the Office
of  Policy  and  Management  an  annual  operating
budget  for  the  federal  Clean  Air Act account,
providing  for  the  operation  of   programs   to
implement  the federal Clean Air Act Amendments of
1990, to the extent that the payment of such costs
has  not  otherwise  been adequately provided for.
Such annual  operating  budget  shall  include  an
estimate  of  revenues  from  the fees and charges
fixed by law, and from any and all other  sources,
to  meet the estimated expenditures of the federal
Clean Air Act [fund] ACCOUNT for such fiscal year.
Within  thirty days prior to the first day of such
fiscal year the Secretary of the Office of  Policy
and Management shall approve said annual operating
budget, with such changes,  amendments,  additions
and  deletions  as  shall  be agreed upon prior to
that date by  the  Commissioner  of  Environmental
Protection  and  the  Secretary  of  the Office of
Policy and Management.
    Sec.  47.  Subsection (a) of section 16a-49 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)  The  Department of Public Utility Control
shall require each gas and electric public service
company to implement a cost effective conservation
and  load  management  program   consistent   with
integrated    resource    planning    [principals]
PRINCIPLES. As part of each conservation and  load
management  program  the  department shall require
specific  programs  to   target   the   needs   of
manufacturers.  The department shall allow the gas
or electric public service company either: (1)  To
earn  a  return  on  prudently  incurred multiyear
conservation and load management  expenditures  on
programs  and  measures approved by the department
included  in   the   company's   rate   base   and
successfully  implemented by the company at a rate
at least one percentage point  but  no  more  than
five  percentage points higher than such company's
rate of return otherwise found to  be  reasonable;
or   (2)  authorize  a  return  of  at  least  one
percentage point but no more than five  percentage
points   on   the   company's  prudently  incurred
conservation  and  load  management   expenditures
treated   as   operating  costs  on  programs  and
measures   approved   by   the   department    and
successfully  implemented  by the company. For the
purposes of this section  "conservation  and  load
management expenditures" shall include all prudent
expenditures, approved by the department by gas or
electric  public  service  companies  designed  to
conserve energy or manage gas or energy load.
    Sec.   48.   Section  18-81l  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    The   Department   of   Correction  shall  (1)
require each applicant for a  position  that  will
involve  direct  contact  with  inmates  to  state
whether such person has ever been convicted  of  a
crime  or  whether  criminal  charges  are pending
against  such  person   at   the   time   of   his
application,  and  (2)  require  each applicant to
submit to  state  and  national  criminal  history
records checks. The Department of Correction shall
conduct a state criminal history records check for
each   applicant.   Prior   to   employment,   the
Department of Correction  shall  arrange  for  the
fingerprinting  of  each  successful applicant and
shall  forward  such  fingerprints  to  the  state
POLICE Bureau of Identification which shall submit
the  fingerprints  to  the   Federal   Bureau   of
Investigation  for  a  national  criminal  history
records check.  The  department  may  charge  each
applicant  a fee for the national criminal history
records check  which  shall  not  exceed  the  fee
charged by the Federal Bureau of Investigation for
performing the check.
    Sec.   49.  Section  20-195p  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    The  commissioner  may  take  any  action  set
forth in section  19a-17  if  the  license  holder
fails  to conform to the accepted standards of the
social work profession, including, but not limited
to,  the  following: Conviction of a felony; fraud
or deceit in obtaining or seeking reinstatement of
a  license to practice clinical social work; fraud
or  deceit  in  the  practice  of   social   work;
negligent,  incompetent  or  wrongful  conduct  in
professional  activities;  emotional  disorder  or
mental  illness;  physical illness, including, but
not limited to, deterioration  through  the  aging
process;   abuse   or   excessive  use  of  drugs,
including alcohol, narcotics or chemicals;  wilful
falsification  of entries in any hospital, patient
or  other  record  pertaining  to   social   work;
violation  of any provision of this chapter or any
regulation adopted hereunder. The Commissioner  of
Public Health may order a license holder to submit
to a reasonable physical or mental examination  if
his physical or mental capacity to practice safely
is  the  subject   of   an   investigation.   Said
commissioner  may  petition the superior court for
the judicial district of Hartford-New Britain*  to
enforce such order or any action taken pursuant to
said section 19a-17. Notice  of  any  contemplated
action  under  said  section  19a-17, of the cause
[therefore]  THEREFOR  and  the  date  of  hearing
thereon,  shall  be  given  and an opportunity for
hearing afforded as provided  in  the  regulations
adopted by the commissioner.
    Sec.  50.  Subsection  (b) of section 22a-133k
of  the  general  statutes  is  repealed  and  the
following is substituted in lieu thereof:
    (b)   The   commissioner   may  establish,  by
regulations  adopted  in   accordance   WITH   the
provisions of chapter 54, a program for expediting
the  review  and  approval  of  reports  on  final
remedial   actions  concerning  sites  subject  to
section 22a-134 or sites  which,  as  of  July  3,
1989,  were  on  the  inventory of hazardous waste
disposal  sites  maintained  pursuant  to  section
22a-133c  provided  such reports are not submitted
pursuant to an order, consent order or  stipulated
judgment.  The commissioner may retain consultants
as necessary to accomplish such  expedited  review
and  may require the payment of a fee, as provided
for in said regulations to  cover  the  reasonable
cost   of  performing  the  expedited  review  and
approval of final remediation reports pursuant  to
this   subsection,   including  the  cost  of  any
consultant retained by the commissioner to perform
such work.
    Sec.  51.  Subsection  (b) of section 22a-285b
of  the  general  statutes  is  repealed  and  the
following is substituted in lieu thereof:
    (b)   Not   more   than   one  year  after  an
application is filed with the  commissioner  under
section  22a-208a for an ash residue disposal area
authorized    under    section    22a-285a,    the
commissioner  shall issue such permit or a written
decision denying such permit. If the  council  has
not approved an agreement or issued an arbitration
award under the provisions of  section  [22a-286g]
22a-285g,  such  period may be extended for thirty
days after the arbitration award.
    Sec.  52. Subsection (e) of section 22a-477 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (e)  Within  the water pollution control state
account  there  are  established   the   following
subaccounts: (1) A state bond receipts subaccount,
into which shall  be  deposited  the  proceeds  of
notes,  bonds  [of] OR other obligations issued by
the state for the purpose of deposit therein,  (2)
a  General  Fund  receipts  subaccount  into which
shall  be  deposited  funds  appropriated  by  the
General   Assembly  for  the  purpose  of  deposit
therein, (3) a  state  loan  repayment  subaccount
into  which  shall  be deposited payments received
from any municipality in repayment  of  a  project
loan  made  from any moneys deposited in the water
pollution  control  state  account;  (4)  a  state
administrative   and  management  subaccount  into
which   shall    be    deposited    amounts    for
administration  and  management of the Clean Water
Fund which amounts  shall  be  determined  by  the
commissioner in consultation with the Secretary of
the Office of Policy and  Management;  and  (5)  a
state   grant  subaccount,  into  which  shall  be
deposited (A) the  proceeds  of  notes,  bonds  or
other  obligations  issued  by  the  state for the
purposes   of   deposit   therein;    (B)    funds
appropriated  by  the  General  Assembly  for  the
purpose  of  deposit  therein  and  (C)   payments
received  from  a  municipality  in repayment of a
grant account loan.
    Sec.  53.  Article  VI of section 27-38 of the
general statutes is repealed and the following  is
substituted in lieu thereof:
                    ARTICLE VI
    1.  Whenever  the  military forces or any part
thereof of any signatory state are engaged outside
of their own state in carrying out the purposes of
this  compact,  the  individual  members  of  such
military  forces  so  engaged shall not be liable,
civilly or criminally, for any act or acts done by
them in the performance of their duty.
    2.  The  individual  members  of  such  forces
shall  have  the  same  powers,  duties,   rights,
privileges  and  immunities  as the members of the
military forces of the state  in  which  they  are
engaged, but in any event,
    3.  Each  signatory  state shall save harmless
any member of its military forces wherever serving
and any member of the military forces of any other
SIGNATORY STATE SERVING WITHIN ITS BORDERS FOR ANY
ACT  OR  ACTS  DONE  BY THEM IN the performance of
their duty  while  engaged  in  carrying  out  the
purposes of this compact.
    Sec.  54.  Subsections  (b) and (c) of section
27-108 of the general statutes  are  repealed  and
the following is substituted in lieu thereof:
    (b)  Any  veteran  desiring  care or treatment
under the provisions of this  chapter  shall  make
application  under  oath  to  the  commissioner OF
VETERANS' AFFAIRS;  but,  if,  by  reason  of  his
physical  condition,  he  is  unable  to make such
application, some  other  veteran  may  make  such
application  in  his behalf. Said commissioner, or
his designee, shall have sole power  to  determine
whether  such  veteran is entitled to admission to
the home or to a hospital, and  such  veteran,  if
admitted,    may,    upon   application   to   the
commissioner,  receive   transportation   at   the
expense  of  the state from his place of residence
to the  home  or  such  hospital.  No  veteran  so
admitted  shall  be  discharged  from  the home or
hospital  except  upon   the   approval   of   the
commissioner  or  his  designee.  The commissioner
shall have sole power to remove any veteran  whose
care  and  treatment is paid for by the state from
any hospital to another  and  shall  appoint  such
agents  as  are  necessary  to  see  that veterans
admitted  to  hospitals  are  receiving  necessary
food, clothing, care and treatment.
    (c)  Such  veterans  who  are  able  to pay in
whole or in part for such program or services,  as
determined  by the applicable fee schedule adopted
pursuant  to  subsection  [(c)]  (d)  of   section
27-102l,  shall  receive  a  monthly bill for such
services rendered.
    Sec.   55.   Section  27-119  of  the  general
statutes, as amended  by  public  act  97-150,  is
repealed  and the following is substituted in lieu
thereof:
    When  the  grave of any person who, in time of
war, served in the military or naval forces of the
English colonies in America, prior to 1776, or the
grave of any veteran, which  is  located  in  this
state,  is unmarked by a suitable headstone, or is
marked by a bronze marker erected by  this  state,
the  commissioner OF VETERANS' AFFAIRS shall, upon
application made not later than  two  years  after
the  death  of  such veteran or two years from the
interment of the  remains  of  such  veteran  from
abroad,  provide payment for the costs of erecting
headstones provided by the federal government  and
shall furnish transportation costs, where none are
provided, for said  headstones  from  the  nearest
destination  point to which the federal government
will deliver such headstones,  to  the  gravesite,
provided  such payment is requested not later than
one year from the date of  the  approval  of  such
application. The expense of transportation and the
erection or installation of such headstone  to  an
amount  not  exceeding an amount prescribed by the
commissioner, shall be paid by the Comptroller.
    Sec.  56.  Subsection (a) of section 29-109 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)  No moving picture projector involving the
use of a photographic film shall  be  operated  in
any  public building or place of public assemblage
or entertainment until  such  precautions  as  the
Commissioner  of Public Safety specifies have been
taken  against  fire,  panic  or  other   personal
hazards  and  a  certificate  of approval for such
premises HAS BEEN obtained from  the  commissioner
specifying  the  number  of  persons  that  may be
admitted to such premises  or  place  at  any  one
time.  No  moving  picture  film  shall be used or
exhibited  in  any  premises  or  place  mentioned
herein   unless   such  film,  together  with  the
projector and necessary accessories, is located in
a  room  or  area of such size, type and design as
the commissioner specifies, and a  certificate  of
approval  has  been obtained from the commissioner
authorizing such use of  such  room  or  area.  No
person  may  store  or use any moving picture film
made  of  nitrocellulose  or  any   other   highly
combustible material in a motion picture theater.
    Sec.  57.  Subsection (a) of section 29-136 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)  On  receipt  of [such] AN application FOR
AN AMUSEMENT LICENSE, the commissioner  OF  PUBLIC
SAFETY   shall  cause  a  full  investigation  and
inspection    of    the    location,    equipment,
paraphernalia,   mechanical  amusement  rides  and
devices in respect to such amusement and all other
matters  relating  thereto  to  be  made and shall
determine whether or not such  amusement  will  be
reasonably safe for public attendance and may make
reasonable    orders    concerning    alterations,
additions   or   betterments   to  the  equipment,
paraphernalia,  mechanical  amusement  rides   and
devices,   and   concerning   the   character  and
arrangement  of  the  seating,  means  of  egress,
lighting,   fire-fighting   appliances,  fire  and
police protection and  such  other  provisions  as
shall  make  the amusement reasonably safe against
both fire and casualty hazards.
    Sec.   58.   Section  29-251  of  the  general
statutes, as amended by section 4  of  public  act
97-308,   is   repealed   and   the  following  is
substituted in lieu thereof:
    There   shall  be  within  the  Department  of
Public Safety  a  Codes  and  Standards  Committee
whose  duty  it  shall  be  to work with the State
Building Inspector in the enforcement of  part  Ia
and  the  State Fire Marshal in the enforcement of
part II of this chapter as set forth  herein.  The
committee  shall be composed of seventeen members,
residents  of  the   state,   appointed   by   the
Commissioner  of  Public  Safety  as  follows: Two
members shall be architects licensed in the  state
of   Connecticut;   three  shall  be  professional
engineers licensed in the  state  of  Connecticut,
two  of  whom  shall  practice  either structural,
mechanical or electrical  engineering  but  in  no
event  shall  both  of  such members represent the
same  specialty  and  one  of  whom  shall  be   a
practicing  fire protection engineer or mechanical
engineer  with  extensive   experience   in   fire
protection;    two    shall    be    builders   or
superintendents of construction, one of whom shall
have expertise in residential construction and one
of whom shall  have  expertise  in  nonresidential
construction;   one   shall  be  a  public  health
official; two shall  be  building  officials;  two
shall  be  local  fire  marshals;  one  shall be a
Connecticut member of a national  building  trades
labor  organization;  and  four  shall  be  public
members, one  of  whom  shall  have  expertise  in
matters  relating  to  accessibility  and  use  of
facilities by  the  physically  disabled  and  who
shall  be  selected from a list of names submitted
by the  Office  of  Protection  and  Advocacy  for
Persons with Disabilities. Each member, other than
the public members, shall have had not  less  than
ten  years' practical experience in his profession
or business. The committee shall adopt [rules  and
regulations    for   procedure]   REGULATIONS   IN
ACCORDANCE  WITH  THE  PROVISIONS  OF  CHAPTER  54
GOVERNING  THE PROCEDURE OF THE COMMITTEE. Members
who fail to attend three consecutive  meetings  or
fifty  per  cent of all meetings during a calendar
year shall be deemed to have  resigned.  It  shall
have  power,  within  the limits of appropriations
provided therefor, to employ  such  assistants  as
may be necessary to conduct its business.
    Sec.   59.   Section  29-256  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    In  order  to make the State Building Code and
the State Fire  Safety  Code  more  responsive  to
present  economic conditions, to promote reduction
in the cost of construction  of  homes  and  other
buildings,  thereby  creating  more  jobs  in  the
construction   industry   and    promoting    home
ownership,  as  well  as to enable the citizens of
the state to realize the benefits  of  the  latest
technology  in  energy  conservation in the design
and construction of homes and other buildings, the
State  Building  Inspector and Codes and Standards
Committee, in conjunction with the Commissioner of
Public  Safety,  [and] shall thoroughly review and
revise the State Building Code and the State  Fire
Safety  Code,  with  an  emphasis  on  performance
rather than design specifications. In  the  course
of  such  review, the State Building Inspector and
the Codes and Standards  Committee  shall  develop
separate   Building   Code   standards   for   the
rehabilitation   of   buildings.   Such   separate
standards shall be included in any revision of the
State Building Code.
    Sec.  60.  Subsection (b) of section 29-259 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b)   Any   person,   agent   of   the  state,
municipality or any other political subdivision of
the   state   may  apply  to  the  State  Building
Inspector and the Codes and Standards Committee to
modify   or   set  aside  standards  for  historic
buildings incorporated in the State Building Code.
The  State  Building Inspector shall, within seven
days of receipt of any such application, forward a
copy  of  such  application  to  the  director  of
[advocacy for the handicapped and  developmentally
disabled]  THE  OFFICE  OF PROTECTION AND ADVOCACY
FOR PERSONS WITH DISABILITIES and to the  director
of  the Connecticut Historical Commission. Each of
said  directors  shall,  within  thirty  days   of
receipt,  review  such  application  and make such
written recommendations as he deems appropriate to
the  State  Building  Inspector  and the Codes and
Standards Committee concerning the disposition  of
such  application.  The  recommendations  of  such
directors  shall  be  part  of  the  records   and
documents   of   the   State   Building  Inspector
concerning such application.  The  State  Building
Inspector  and  the  Codes and Standards Committee
shall consider such written  recommendations  when
acting  upon such application and may set aside or
modify an  individual  standard  or  specification
when  they  jointly determine that it would not be
feasible  or  would  unreasonably  complicate  the
construction, alteration or repair in question and
where alternative methods and materials have  been
proposed   to   maintain  certain  features.  Such
determination shall be in writing, shall state the
reasons  therefor  and  if  it sets aside any such
standard  of  specification,  a   copy   of   such
determination  shall  be  sent  to  each  of  said
directors.
    Sec.   61.  Section  29-270a  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    The  owner  of  any  enclosed shopping mall or
retail business  with  more  than  fifty  thousand
square  feet  of floor space, shall install, in at
least one of the primary entrances, doors that are
automatically   activated  to  provide  access  to
persons with physical disabilities,  provided  the
State Building Inspector may, with the concurrence
of the director of [advocacy for  the  handicapped
and  the  developmentally  disabled] THE OFFICE OF
PROTECTION   AND   ADVOCACY   FOR   PERSONS   WITH
DISABILITIES,   grant   an   exemption  from  such
requirement where strict compliance  would  entail
practical   difficulty  or  unnecessary  hardship.
Nothing  in  this  section   shall   require   the
installation of an automatically activated door in
a primary entrance which is open and  unobstructed
by  any  door during the hours the retail business
is open to the public.
    Sec.   62.   Section  29-271  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    Any  state-assisted  rental  housing or rental
housing  project  constructed   or   substantially
rehabilitated under a building permit issued on or
after January 1, 1976, and which contains  ten  or
more  housing  units  shall  have at least ten per
cent of the units and all  common  use  areas  and
facilities designed to promote safe and accessible
means of entrance and egress and  ease  of  access
and use of facilities for the physically disabled,
as defined in  subsection  (b)  of  section  1-1f,
unless  a  waiver  of such requirement is obtained
from the Commissioner of  Economic  and  Community
Development  as  provided  in  this section. [The]
SAID commissioner may, with the concurrence of the
director  of [advocacy for the handicapped and the
developmentally disabled] THE OFFICE OF PROTECTION
AND  ADVOCACY FOR PERSONS WITH DISABILITIES, waive
the   requirement   for   such   units   for   any
state-financed   rental  housing  project  awarded
state assistance under sections 8-124a and 8-216b,
provided all requirements concerning the provision
of housing  units  accessible  to  the  physically
disabled   promulgated   by   the   United  States
Department of Housing and Urban  Development  have
been met. Physically disabled persons and families
shall receive priority in  placement  in  no  less
than ten per cent of the housing units constructed
or substantially rehabilitated  after  January  1,
1976.
    Sec.   63.   Section  29-293  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    [Said]  THE  FIRE  SAFETY  code  shall specify
reasonable minimum requirements for fire safety in
new  and  existing  buildings  and facilities, and
may, to ensure the reasonable  safety  of  persons
occupying  or  using  any  premises,  open  to the
public, require the establishment of a  fire  zone
for  the  orderly  access to said premises of fire
and other emergency equipment. Regulations may  be
in  accordance with the size, type of construction
and nature of use or occupancy of  such  buildings
or  facilities.  No  regulation made in accordance
with sections 29-292 to 29-294,  inclusive,  shall
be   inconsistent   with  the  provisions  of  the
statutes.
    Sec.   64.   Section  29-294  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    [Said]   THE   FIRE   SAFETY   code   and  all
amendments  [thereto]  TO  SAID  CODE   shall   be
registered  with  the  Secretary  of the State and
published in accordance with section  4-173,  and,
in addition, [thereto] a copy shall be provided TO
each local fire marshal, fire chief  and  building
inspector,  and  such other governmental officials
as request [the same] SAID CODE.
    Sec.   65.   Section  29-309  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    The   Codes   and  Standards  Committee  shall
establish   a   procedure   whereby   any   person
determined  to have the right to appeal may appeal
a decision of the local fire marshal or State Fire
Marshal   relating   to  the  enforcement  of  ANY
PROVISION OF THE GENERAL statutes concerning  fire
prevention  and  safety  or  the State Fire Safety
Code not more than thirty days after  the  receipt
OF  NOTICE OF THE DECISION by the person aggrieved
by such decision. Such procedure shall include the
committee  and  shall be established in accordance
with THE PROVISIONS  OF  chapter  54.  Any  person
aggrieved  by  a  decision made in accordance with
such  procedure  may  appeal  therefrom   to   the
superior  court  for the judicial district wherein
the premises concerned are located.
    Sec.   66.   Section   32-9o  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    It  is  hereby  found and declared as a matter
of legislative determination that: (a) There is  a
serious need for the investment of private capital
in business enterprises located in  municipalities
experiencing   conditions  of  high  unemployment,
poverty, aging housing stock and low or  declining
rates  of  growth  in job creation, population and
per capita income; (b) high property tax rates and
the  unavailability  or  high  cost  of  credit to
business organizations have discouraged industrial
activity  in  such  municipalities and perpetuated
prevailing patterns of economic and social stress;
(c)    private    capital    investment   in   the
construction,   renovation   and   expansion    of
manufacturing and other industrial facilities will
best contribute to increasing  employment  and  an
expanding  tax base in such municipalities and the
development of  a  more  productive  and  balanced
economy  in  the state; and (d) the tax, grant and
other    financial    incentives    provided    by
subdivisions  (59)  and  (60) of section 12-81 and
sections  12-217e,  32-9p  to  32-9s,   inclusive,
[32-23n]  and  32-23p  to  encourage  such private
investment    are    important    and    necessary
applications  of the resources of the state in the
exercise of its  responsibility  to  preserve  and
foster  the  health, safety and general welfare of
the  state  and  its   people.   Accordingly   the
necessity,  in  the  public  interest  and for the
public benefit and good, of the  provisions  under
said  sections  is  hereby declared as a matter of
legislative determination.
    Sec.   67.   Section   32-9p  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    As  used  in  subdivisions  (59)  and  (60) of
section  12-81  and  sections  12-217e,  32-9p  to
32-9s,   inclusive,   [32-23n]   and  32-23p,  the
following  words  and  terms  have  the  following
meanings:
    (a)  "Area  of high unemployment" means, as of
the date of any final and  official  determination
by  the  authority  or  the  department  to extend
assistance under said sections,  any  municipality
which  is  a distressed municipality as defined in
subsection (b) of  this  section,  and  any  other
municipality  in  the  state which in the calendar
year preceding such determination had  a  rate  of
unemployment  which  exceeded  one hundred ten per
cent of the average rate of  unemployment  in  the
state for the same calendar year, as determined by
the  Labor  Department,  provided  no  such  other
municipality  with  an  unemployment  rate of less
than six  per  cent  shall  be  an  area  of  high
unemployment.
    (b)  "Distressed  municipality"  means,  as of
the  date  of  the  issuance  of  an   eligibility
certificate,  any municipality in the state which,
according  to  the  United  States  Department  of
Housing  and Urban Development meets the necessary
number  of  quantitative  physical  and   economic
distress  thresholds which are then applicable for
eligibility for the urban development action grant
program    under   the   Housing   and   Community
Development Act of 1977, as amended, or  any  town
within  which is located an unconsolidated city or
borough which meets such distress thresholds.  Any
municipality which, at any time subsequent to July
1, 1978, has met such thresholds but which at  any
time  thereafter  fails  to  meet such thresholds,
according to said department, shall be  deemed  to
be  a distressed municipality for a period of five
years subsequent to the date of the  determination
that   such   municipality   fails  to  meet  such
thresholds, unless  such  municipality  elects  to
terminate   its   designation   as  a  "distressed
municipality", by vote of  its  legislative  body,
not  later  than  September  1, 1985, or not later
than three  months  after  receiving  notification
from the commissioner that it no longer meets such
thresholds, whichever is later.  In  the  event  a
distressed  municipality  elects  to terminate its
designation, the  municipality  shall  notify  the
commissioner  and  the  Secretary of the Office of
Policy and Management  in  writing  within  thirty
days.   In   the   event   that  the  commissioner
determines that amendatory federal legislation  or
administrative  regulation  has materially changed
the  distress  thresholds   thereby   established,
"distressed    municipality"    shall   mean   any
municipality in the state which  meets  comparable
thresholds  of  distress which are then applicable
in the areas of  high  unemployment  and  poverty,
aging  housing stock and low or declining rates of
growth in job creation, population and per  capita
income   as   established   by  the  commissioner,
consistent with the purposes of subdivisions  (59)
and  (60)  of  section 12-81 and sections 12-217e,
32-9p to 32-9s, inclusive, [32-23n] and 32-23p, in
regulations adopted in accordance with chapter 54.
For  purposes  of   sections   32-9p   to   32-9s,
inclusive,  "distressed  municipality"  shall also
mean any  municipality  adversely  impacted  by  a
major   plant   closing,   relocation  or  layoff,
provided the eligibility of a  municipality  shall
not  exceed  two  years  from  the  date  of  such
closing, relocation or layoff. The Commissioner of
Economic  and  Community  Development  shall adopt
regulations, in accordance with the provisions  of
chapter 54, which define what constitutes a "major
plant closing, relocation or layoff" for  purposes
of sections 32-9p to 32-9s, inclusive. "Distressed
municipality" shall also mean the portion  of  any
municipality  which is eligible for designation as
an enterprise zone pursuant to subdivision (2)  of
subsection (b) of section 32-70.
    (c)    "Eligibility   certificate"   means   a
certificate issued by the department  pursuant  to
section  32-9r evidencing its determination that a
facility for which an application  for  assistance
has  been  submitted  qualifies as a manufacturing
facility and  is  eligible  for  assistance  under
section  12-217e and subdivisions (59) and (60) of
section 12-81.
    (d)  "Manufacturing facility" means any plant,
building, other real property improvement, or part
thereof,   (1)   which   (A)   is  constructed  or
substantially renovated or expanded  on  or  after
July  1,  1978,  in  a  distressed municipality, a
targeted  investment  community  as   defined   in
section  32-222,  or an enterprise zone designated
pursuant to section 32-70, or (B) is  acquired  on
or   after   July   1,   1978,   in  a  distressed
municipality, a targeted investment  community  as
defined  in  section 32-222, or an enterprise zone
designated pursuant to said section  32-70,  by  a
business  organization  which  is unrelated to and
unaffiliated with the seller,  after  having  been
idle   for   at   least  one  year  prior  to  its
acquisition and regardless of  its  previous  use;
(2)  which  is  to  be used for the manufacturing,
processing or assembling of raw  materials,  parts
or   manufactured   products,   for  research  and
development   facilities   directly   related   to
manufacturing,   for  the  significant  servicing,
overhauling  or  rebuilding   of   machinery   and
equipment   for  industrial  use,  or,  except  as
provided in this subsection, for  warehousing  and
distribution  or,  (i) if located in an enterprise
zone designated pursuant to  said  section  32-70,
which  is  to  be  used  by  an  establishment, an
auxiliary or an operating unit of an establishment
as   such   terms  are  defined  in  the  Standard
Industrial   Classification   Manual,    in    the
categories     of     depository     institutions,
nondepository   credit   institutions,   insurance
carriers,  holding  or  other  investment offices,
business  services,  health   services,   fishing,
hunting and trapping, motor freight transportation
and     warehousing,     water     transportation,
transportation  by  air,  transportation services,
security and commodity brokers, dealers, exchanges
and   services,   telemarketing   or  engineering,
accounting,  research,  management   and   related
services INCLUDING, BUT NOT LIMITED TO, MANAGEMENT
CONSULTING SERVICES from the  Standard  Industrial
Classification    Manual,   which   establishment,
auxiliary  or  operating  unit  shows   a   strong
performance  in  exporting  goods and services, as
FURTHER  defined  by  the   commissioner   through
regulations  adopted  under  chapter 54 or (ii) if
located in a municipality  with  an  entertainment
district   designated   under   section  32-76  or
established under section 2 of public act 93-311*,
is  to  be used in the production of entertainment
products, including  multimedia  products,  or  as
part  of  the airing, display or provision of live
entertainment for stage  or  broadcast,  including
support   services   such  as  set  manufacturers,
scenery  makers,   sound   and   video   equipment
providers  and  manufacturers,  stage  and  screen
writers,   providers   of    capital    for    the
entertainment  industry  and  agents  for  talent,
writers,  producers  and  music   properties   and
technological  infrastructure  support  including,
but not limited to,  fiber  optics,  necessary  to
support   multimedia   and   other   entertainment
formats, except entertainment provided by or shown
at  a  gambling  or  gaming facility or a facility
whose primary business is the sale or  serving  of
alcoholic   beverages;   and  (3)  for  which  the
department has issued an  eligibility  certificate
in  accordance  with section 32-9r. In the case of
facilities which are acquired, the department  may
waive  the  requirement of one year of idleness if
it determines  that,  absent  qualification  as  a
manufacturing facility under subdivisions (59) and
(60) of section 12-81, and sections 12-217e, 32-9p
to 32-9s, inclusive, [32-23n] and 32-23p, there is
a high likelihood that the  facility  will  remain
idle  for  one  year.  In  the  case of facilities
located in an enterprise zone designated  pursuant
to   said   section   32-70,   (i)   the  idleness
requirement in  subparagraph  (B)  of  subdivision
(1), for business organizations which over the six
months preceding  such  acquisition  have  had  an
average   total  employment  of  between  six  and
nineteen employees, inclusive, shall be reduced to
a  minimum  of  six  months, and (ii) the idleness
requirement   shall   not   apply   to    business
organizations  with an average total employment of
five or fewer employees, provided no more than one
eligibility certificate shall be issued under this
subparagraph (ii) for the same facility  within  a
three-year  period.  Of those facilities which are
for warehousing and distribution, only those which
are   newly  constructed  or  which  represent  an
expansion  of  an  existing  facility  qualify  as
manufacturing facilities. In the event that only a
portion  of  a  plant  is  acquired,  constructed,
renovated  or expanded, only the portion acquired,
constructed, renovated or expanded constitutes the
manufacturing  facility.  A manufacturing facility
which  is  leased  may   for   the   purposes   of
subdivisions  (59)  and  (60) of section 12-81 and
sections  12-217e,  32-9p  to  32-9s,   inclusive,
[32-23n] and 32-23p, be treated in the same manner
as a facility which is acquired if the  provisions
of  the  lease  serve  to  further the purposes of
subdivisions (59) and (60) of section  12-81,  and
sections   12-217e,  32-9p  to  32-9s,  inclusive,
[32-23n] and 32-23p and demonstrate a substantial,
long-term  commitment  by  the occupant to use the
manufacturing facility, including a  contract  for
lease  for  an  initial minimum term of five years
with provisions for the extension of the lease  at
the  request  of  the lessee for an aggregate term
which shall not be less than  ten  years,  or  the
right  of  the  lessee to purchase the facility at
any time after  the  initial  five-year  term,  or
both. For a facility located in an enterprise zone
designated pursuant to  said  section  32-70,  and
occupied   by  a  business  organization  with  an
average total employment of ten or fewer employees
over  the  six-month period preceding acquisition,
such contract for lease  may  be  for  an  initial
minimum  term  of  three years with provisions for
the extension of the lease at the request  of  the
lessee  for  an  aggregate term which shall not be
less than six years, or the right of the lessee to
purchase  the  facility  at  any  time  after  the
initial three-year term, or  both,  and  may  also
include  the  right  for the lessee to relocate to
other  space  within  the  same  enterprise  zone,
provided such space is under the same ownership or
control as the originally leased space or if  such
space  is not under such same ownership or control
as the  originally  leased  space,  permission  to
relocate   is   granted  by  the  lessor  of  such
originally leased space, and such relocation shall
not  extend the duration of benefits granted under
the original eligibility  certificate.  Except  as
provided    in    subparagraph    (B)   above,   a
manufacturing facility does not include any plant,
building,  other real property improvement or part
thereof used or usable  for  such  purposes  which
existed before July 1, 1978.
    (e)  "Service  facility" means a manufacturing
facility  described   in   subparagraph   (i)   of
subdivision (2) of subsection (d) of this section,
provided such facility is located  outside  of  an
enterprise   zone   in   a   targeted   investment
community.
    (f)  "Authority", "capital reserve fund bond",
"commissioner", "department", "industrial project"
and  "insurance  fund" shall have the meaning such
words and terms are given in section 32-23d.
    (g)  "Municipality"  means  any  town, city or
borough in the state.
    Sec.  68.  Subsection (a) of section 32-511 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)   There   is   established  a  Connecticut
International Trade  Council.  The  council  shall
consist  of:  (1)  Six  members  appointed  by the
Governor, two of whom shall have expertise in  the
field   of   export   financing;   (2)   (A)   the
chairpersons and  ranking  members  of  the  joint
standing  committee of the General Assembly having
cognizance of matters relating to  the  Department
of  Economic  and  Community  Development,  or (B)
their designees, who may be members of the General
Assembly;   (3)   one   member  appointed  by  the
president pro tempore of  the  Senate,  who  shall
have  expertise  in the field of export financing;
(4) one member appointed by the majority leader of
the  Senate;  (5)  one  member  appointed  by  the
minority leader of  the  Senate;  (6)  one  member
appointed   by   the   speaker  of  the  House  of
Representatives; (7) one member appointed  by  the
majority  leader  of the House of Representatives;
and (8)  one  member  appointed  by  the  minority
leader  of the House of Representatives, who shall
have expertise in the field of  export  financing.
All  members  of  the  council, except the members
described in subparagraph (A) of  subdivision  (2)
of  this  subsection,  shall have expertise in the
field of  business  or  international  trade.  All
appointments  to  the council shall be made within
thirty days after July 1, 1994. The term  of  each
appointed  or  designated  member  of  the council
shall  be  coterminous  with  the  term   of   the
appointing  authority.  The  council shall elect a
chairperson and a vice-chairperson from among  its
members.   Any   person   absent  from  (A)  three
consecutive meetings of the council or  (B)  fifty
per cent of such meetings during any calendar year
shall be deemed to have resigned from the council,
[effectively]  EFFECTIVE  immediately. Any vacancy
on the council shall be filled by  the  appointing
authority.  Members  of  the  council  shall serve
without compensation but shall, within the  limits
of  available  funds,  be  reimbursed for expenses
necessarily incurred in the performance  of  their
duties.  The council shall meet as often as deemed
necessary by the chairperson or a majority of  the
council.
    Sec.  69.  Subsection  (d) of section 38a-336a
of  the  general  statutes  is  repealed  and  the
following is substituted in lieu thereof:
    (d)  The  selection  of  coverage  under  this
section shall apply to all subsequent renewals  of
coverage   and   to   all  [polices]  POLICIES  or
endorsements which extend,  change,  supersede  or
replace  an  existing  policy  issued to the named
insured, unless changed in writing  by  any  named
insured.
    Sec.  70. Subsection (f) of section 42-133l of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (f)  No  franchisor,  directly  or indirectly,
through any officer, agent or employee,  shall  do
any  of the following: (1) Require a franchisee at
the time of entering into an agreement  to  assent
to  a  release,  assignment,  novation, waiver, or
estoppel  which  would  relieve  any  person  from
liability  imposed by sections 42-133j to 42-133n,
inclusive; (2) prohibit, directly  or  indirectly,
the  right  of  free association among franchisees
for any lawful purpose; (3) prohibit the  transfer
by  will  of  any  franchise and the rights of any
franchisee under  any  franchise  agreement  to  a
spouse or child of such franchisee; (4) require or
prohibit any change in management of any franchise
unless  such  requirement  or  prohibition of such
change shall be for good cause, which cause  shall
be stated in writing by the franchisor; (5) impose
unreasonable  standards  of  performance  upon   a
franchisee;  (6) fail to deal in good faith with a
franchisee; (7) sell, rent or offer to sell  to  a
franchisee  any product or service for more than a
fair  and  reasonable  price;  (8)  impose  on   a
franchisee   by   contract,  rule  or  regulation,
whether written or oral, any standard  of  conduct
unless    the    franchisor,    his    agents   or
representatives sustain the burden [or] OF proving
such   to   be   reasonable   and  necessary;  (9)
discriminate between franchisees  in  the  charges
offered  or  made  for royalties, goods, services,
equipment, rentals, advertising  services,  or  in
any  other  business  dealing, unless (A) any such
type of discrimination between  franchisees  would
be  necessary  to allow a particular franchisee to
fairly meet competition in the open market or  (B)
to  the  extent  that the franchisor satisfies the
burden of proving that any  classification  of  or
discrimination  between franchisees is reasonable,
is  based  on  franchises  granted  at  materially
different   times   and   such  discrimination  is
reasonably related to such difference in  time  or
on   other  proper  and  justifiable  distinctions
considering the purposes of  sections  42-133j  to
42-133n,  inclusive, and is not arbitrary. Nothing
shall be construed under this subsection, however,
as  granting to any franchisor any right which may
be limited by any other state or federal statutes;
(10)  notify the franchisee of a claimed breach of
franchise agreement for good cause later than  one
hundred  eighty days from the date said good cause
arises  or  one  hundred  eighty  days  after  the
franchisor  knew  or in the exercise of reasonable
care should have known of said claimed good cause.
    Sec.   71.   Section  43-16o  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    No  person  shall  assume  the  title licensed
public weigher, or any title  of  similar  import,
perform  the  duties  or acts to be performed by a
licensed public weigher under this  chapter,  hold
himself  out  as  a licensed public weigher, issue
any  weight  certificate  ticket,  memorandum   or
statement for which a fee is charged, or engage in
the full-time  or  part-time  business  of  public
weighing,  unless  he [hold] HOLDS a valid license
as a licensed public weigher.  "Public  weighing",
as  used  in this section, shall mean the weighing
for  any  person,  upon  request,   of   property,
produce,  commodities or articles other than those
which the weigher or  his  employer,  if  any,  is
either buying or selling.
    Sec.  72. Article X of section 46b-151a of the
general statutes is repealed and the following  is
substituted in lieu thereof:
                    ARTICLE X
    That   the   duly  constituted  administrative
authorities of a state party to this  compact  may
enter into supplementary agreements with any other
state or states party hereto for  the  cooperative
care,  treatment  and rehabilitation of delinquent
juveniles  whenever  they  shall  find  that  such
agreements will improve the facilities or programs
available   for   such   care,    treatment    and
rehabilitation.    Such    care,   treatment   and
rehabilitation may be provided in  an  institution
located   within  any  state  entering  into  such
supplementary   agreement.   Such    supplementary
agreements  shall (1) provide the rates to be paid
for  the  care,  treatment  and  custody  of  such
delinquent  juveniles,  taking  into consideration
the  character   of   facilities,   services   and
subsistence   furnished;   (2)  provide  that  the
delinquent juvenile shall be given a court HEARING
PRIOR TO HIS BEING SENT TO ANOTHER STATE FOR CARE,
TREATMENT AND custody; (3) provide that the  state
receiving such a delinquent juvenile in one of its
institutions shall act solely  as  agent  for  the
state   sending   such  delinquent  juvenile;  (4)
provide that the sending state shall at all  times
retain jurisdiction over delinquent juveniles sent
to an institution in another  state;  (5)  provide
for  reasonable inspection of such institutions by
the sending state; (6) provide that the consent of
the parent, guardian, person or agency entitled to
the legal  custody  of  said  delinquent  juvenile
shall  be  secured  prior  to  his  being  sent to
another state; and (7)  make  provision  for  such
other matters and details as shall be necessary to
protect the rights and equities of such delinquent
juveniles and of the cooperating states.
    Sec.  73.  Subsection (a) of section 50a-61 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)  For  a foreign-money judgment, the United
States  dollar  amount  needed  for  the   limited
purpose of (1) the value of assets to be seized or
restrained  pursuant  to  a  writ  of  attachment,
garnishment, execution or other legal process, (2)
the amount at issue for assessing  costs,  or  (3)
the  amount  involved  for  a required surety bond
shall be determined as follows: The party  seeking
the  writ,  costs or bond shall compute the dollar
amount  of  the  foreign  money  claimed  from   a
bank-offered  spot  rate of exchange prevailing at
or near the close of business on the  banking  day
next   [proceeding]  PRECEDING  the  filing  of  a
request for the issuance of  process  or  for  the
determination   of   costs,   or   an  application
requiring a bond.
    Sec.  74.  Subsection (a) of section 54-82c of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)  Whenever a person has entered upon a term
of imprisonment in a correctional  institution  of
this state and, during the continuance of the term
of imprisonment, there is pending  in  this  state
any untried indictment or information against such
prisoner, he shall be brought to trial within  one
hundred  twenty  days  after  he  has caused to be
delivered, to the state's  attorney  or  assistant
state's  attorney  of  the  judicial  district  or
geographical area,  in  which  the  indictment  or
information  is  pending,  and  to the appropriate
court,  written  notice  of  the  place   of   his
imprisonment and his request for final disposition
to be made of the indictment or  information.  For
good  cause  shown  in open court, the prisoner or
his counsel being present, the court may grant any
necessary  or  reasonable continuance. The request
of  the  prisoner  shall  be  accompanied   by   a
certificate  of the warden, community correctional
center  administrator  or  other  official  having
custody  of  the  prisoner,  stating  the  term of
commitment under which the prisoner is being held,
the  time already served, the time remaining to be
served on the sentence, the amount  of  good  time
earned,  the  time  of  parole  eligibility of the
prisoner and any decisions of the  [parole]  board
OF PAROLE relating to the prisoner.
    Sec.  75. Subsection (b) of section 54-142g of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b)  "Criminal justice agency" means any court
with  criminal  jurisdiction,  the  Department  of
Motor  Vehicles,  or any other governmental agency
created by statute which is authorized by law  and
engages,  in  fact,  as  its principal function in
activities  constituting  the  administration   of
criminal  justice;  including  but not limited to,
organized  municipal   police   departments,   the
Division    of   State   Police,   Department   of
Correction, Office of Adult Probation,  Office  of
Policy    and   Management,   state's   attorneys,
assistant  state's  attorneys,  deputy   assistant
state's   attorneys,  [parole]  board  OF  PAROLE,
[pardon] board OF PARDONS, bail commissioners  and
Chief  Medical Examiner. It shall also include any
component of a public, noncriminal justice  agency
if  such  component  is  created by statute and is
authorized  by  law  and,  in  fact,  engages   in
activities   constituting  the  administration  of
criminal justice as its principal function.
    Sec.   76.   Section  54-179  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  When the return to this state of a person
charged with crime in this state is required,  the
state's attorney shall present to the Governor his
written application  for  a  requisition  for  the
return of the person charged, in which application
shall be stated the name of the person so charged,
the  crime  charged  against  him, the approximate
time, place and circumstances of  its  commission,
the state in which he is believed to be, including
the location of the accused therein, at  the  time
the  application  is  made and certifying that, in
the opinion of the state's attorney, the  ends  of
justice  require  the  arrest  and  return  of the
accused to this  state  for  trial  and  that  the
proceeding  is not instituted to enforce a private
claim.
    (b)  When the return to this state is required
of a person who has been convicted of a  crime  in
this  state  and  has  escaped from confinement or
broken the terms of his bail, probation or parole,
the  state's  attorney  of the county in which the
offense  was  committed,  the  [Parole]  Board  OF
PAROLE,  or  the Commissioner of Correction, shall
present to the Governor a written application  for
a  requisition  for  the return of such person, in
which application shall be stated the name of  the
person,  the  crime of which he was convicted, the
circumstances of his escape from confinement or of
the  breach of the terms of his bail, probation or
parole and the state in which he  is  believed  to
be,  including  the location of the person therein
at the time application is made.
    (c)  The  application  shall  be  verified  by
affidavit, shall  be  executed  in  duplicate  and
shall  be  accompanied  by two certified copies of
the  indictment  returned,  or   information   and
affidavit  filed,  or of the complaint made to the
judge, stating the offense with which the  accused
is charged, or of the judgment of conviction or of
the sentence. The state's attorney, [Parole] Board
OF  PAROLE  or Commissioner of Correction may also
attach such further affidavits and other documents
in  duplicate  as  he deems proper to be submitted
with   such   application.   One   copy   of   the
application,  with  the  action  of  the  Governor
indicated by endorsement thereon, and one  of  the
certified  copies  of  the  indictment, complaint,
information and affidavits or of the  judgment  of
conviction  or  of the sentence, shall be filed in
the office of  the  Secretary  of  the  State,  to
remain  of record in that office. The other copies
of  all  papers  shall  be  forwarded   with   the
Governor's requisition.
    Sec.   77.   Section  13a-24  of  the  general
statutes, as amended by section 5  of  public  act
97-62,   is   repealed   and   the   following  is
substituted in lieu thereof:
    Nothing  contained  in  this part [,] shall be
construed to limit, restrict or derogate from  any
power,  right  or  authority  of  the commissioner
existing under or pursuant to any other act of the
General Assembly.
    Sec.   78.   Section   17a-7  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    Except  as  otherwise  limited  by  subsection
[(e)] (i) of section 46b-140 and subsection (a) of
section  46b-141, the Commissioner of Children and
Families or his designee may, when deemed  in  the
best interests of a child committed to the custody
of the commissioner as delinquent by the  Superior
Court, place such child on parole under such terms
or conditions as the commissioner or his  designee
deem  to  be  in the best interests of such child.
When in the opinion of  the  commissioner  or  his
designee  it  is no longer in the best interest of
such child to remain on parole such child  may  be
returned  to any institution, resource or facility
administered by or available to the Department  of
Children and Families.
    Sec.  79. Subsection (b) of section 19a-87b of
the general statutes, as amended by section 36  of
public  act  97-259, is repealed and the following
is substituted in lieu thereof:
    (b)   On   and  after  October  1,  1997,  the
Commissioner of Public  Health,  within  available
appropriations,  shall  request a criminal records
check of each  initial  applicant  or  prospective
employee  of  a family day care home in a position
requiring the provision of care to a  child.  Such
criminal   records   check   shall  be  [required]
REQUESTED  from  the  State   Police   Bureau   of
Identification   and   the   Federal   Bureau   of
Investigation. The commissioner shall also request
a   check   of  the  state  child  abuse  registry
established pursuant to section  17a-101k.  A  fee
shall be charged by the commissioner for each such
national  criminal  history  records  check  which
shall  be  equal to the fee charged by the Federal
Bureau of Investigation for performing such check.
The  Department  of  Public Health shall reimburse
the Department of Public  Safety  for  the  actual
cost  for  a  national  criminal  history  records
check.  Not  more  than  three  months  after  the
effective  date  of  [this act] PUBLIC ACT 97-259,
the commissioner shall notify each licensee of the
provisions of this subsection.
    Sec.  80.  Subsection  (f) of section 1-84b of
the general statutes, as amended by section 13  of
public act 97-6 of the June 18 special session, is
repealed and the following is substituted in  lieu
thereof:
    (f)   No   former  public  official  or  state
employee (1) who participated substantially in the
negotiation  or  award  of  (A)  a  state contract
valued at an amount of fifty thousand  dollars  or
more  or  (B) a written agreement for the approval
of a payroll deduction slot described  in  section
[3-123]   3-123g,   or   (2)  who  supervised  the
negotiation  or  award  of  such  a  contract   or
agreement, shall accept employment with a party to
the contract or agreement other than the state for
a  period  of  one year after his resignation from
his state office or position  if  his  resignation
occurs  less  than  one year after the contract or
agreement is signed.
    Sec.  81.  Subsection  (a)  of section 4b-1 of
the general statutes, as amended by section 18  of
public  act  97-293, is repealed and the following
is substituted in lieu thereof:
    (a)  The  Commissioner  of  Public Works shall
(1)  be   responsible   for   the   administrative
functions  of  construction  and  planning  of all
capital  improvements  undertaken  by  the  state,
except  (A)  highway  and bridge construction, the
construction and planning of capital  improvements
related  to  mass  transit,  marine  and  aviation
transportation,  (B)  the  Connecticut   Marketing
Authority,   (C)   planning  and  construction  of
capital improvements to the State Capitol building
or  the  Legislative  Office  Building and related
facilities by the Joint Committee  on  Legislative
Management,   (D)   any   project  as  defined  in
subdivision (16) of section 10a-109c, AS  AMENDED,
undertaken  by  The  University of Connecticut and
(E)   construction   and   planning   of   capital
improvements related to the Judicial Department if
such construction and planning do not constitute a
project within the meaning of subsection [(e)] (h)
of section 4b-55,  including  the  preparation  of
preliminary  plans, estimates of cost, development
of  designs,  working  plans  and  specifications,
award of contracts and supervision and inspection;
(2) select consultant firms in accordance with the
provisions  of sections 4b-56 to 4b-59, inclusive,
to  assist  in  the  development  of   plans   and
specifications   when   in   his   judgment   such
assistance  is  desirable;  (3)  render  technical
advice  and  service  to all state agencies in the
preparation and correlation of plans for necessary
improvement   of   their   physical   plants;  (4)
cooperate   with   those   charged   with   fiscal
programming   and   budget   formulation   in  the
development of a capital  program  and  a  capital
budget  for  the state; (5) be responsible for the
purchase, lease and acquisition  of  property  and
space  to house state agencies and, subject to the
provisions of section 4b-21, AS AMENDED, the  sale
or  exchange  of  any  land  or  interest  in land
belonging to the state; (6)  maintain  a  complete
and current inventory of all state-owned or leased
property and premises, including space-utilization
data;  [,]  and (7) supervise the care and control
of buildings and grounds owned or  leased  by  the
state in Hartford, except the building and grounds
of the State Capitol and  the  Legislative  Office
Building and parking garage and related structures
and facilities and grounds, as provided in section
2-71h,  AS  AMENDED, and the Connecticut Marketing
Authority and property under  the  supervision  of
the  Office of the Chief Court Administrator under
the terms of section 4b-11, AS  AMENDED.  For  the
purposes  of  this  section,  the  term  "Judicial
Department"  does  not  include  the   courts   of
probate,  the Division of Criminal Justice and the
Public Defender Services Commission, except  where
they  share facilities in state-maintained courts.
Subject to the  provisions  of  chapter  67,  said
commissioner  may  appoint  such  employees as are
necessary for carrying out the  duties  prescribed
to said commissioner by the general statutes.
    Sec.   82.   Section  4b-55a  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    Notwithstanding   any   provisions   of   this
chapter  to  the  contrary,  the  Commissioner  of
Public  Works  may  select  and interview at least
three  responsible  and  qualified   environmental
professionals,  and  may negotiate with any one of
such professionals a contract which is  both  fair
and  reasonable  to  the state in order to conduct
the evaluations required by section 22a-1b  for  a
priority  higher  education  facility  project, as
defined in subsection [(f)] (g) of section 4b-55.
    Sec.   83.   Section   8-1aa  of  the  general
statutes, as amended by section 2  of  public  act
98-105,   is   repealed   and   the  following  is
substituted in lieu thereof:
    As used in section 8-2:
    (1)   "Traprock   ridge"  means  Beacon  Hill,
Saltonstall Mountain, Totoket Mountain,  Pistapaug
Mountain,  Fowler Mountain, Beseck Mountain, Higby
Mountain,  Chauncey  Peak,  Lamentation  Mountain,
Cathole  Mountain, South Mountain, East Peak, West
Peak, Short  Mountain,  Ragged  Mountain,  Bradley
Mountain,  Pinnacle  Rock,  Rattlesnake  Mountain,
Talcott Mountain, Hatchett  Hill,  Peak  Mountain,
West Suffield Mountain, Cedar Mountain, East Rock,
Mount Sanford, Prospect Ridge, Peck Mountain, West
Rock,  Sleeping  Giant,  Pond  Ledge  Hill,  Onion
Mountain,  The  Sugarloaf,  The   Hedgehog,   West
Mountains, The Knolls, Barndoor Hills, Stony Hill,
Manitook Mountain, Rattlesnake Hill, Durkee  Hill,
East Hill, Rag Land, Bear Hill, Orenaug Hills;
    (2)   "Amphibolite  Ridge"  means  Huckleberry
Hill, East  Hill,  [Raythum]  RATLUM  Hill,  [Hoar
Hill]  MOUNT HORR, Sweetheart [Hill and Onion Hill
in Canton] MOUNTAIN;
    (3)  "Ridgeline"  means the line on a traprock
or amphibolite ridge created by all points at  the
top of a fifty per cent slope, which is maintained
for  a   distance   of   fifty   horizontal   feet
perpendicular  to  the slope and which consists of
surficial basalt geology, identified  on  the  map
prepared by Stone et al., United States Geological
Survey,  entitled  "Surficial  Materials  Map   of
Connecticut";
    (4)  "Ridgeline  setback  area" means the area
bounded by (A) a line that parallels the ridgeline
at  a  distance  of  one hundred fifty feet on the
more wooded side of the ridge, and (B) the contour
line  where a ridge of less than fifty per cent is
maintained for fifty feet or more on  the  rockier
side of the slope, mapped pursuant to section 8-2;
    (5)   "Development"  means  the  construction,
reconstruction,  alteration,  or  expansion  of  a
building; and
    (6)  "Building" means any structure other than
(A) a facility as defined in section 16-50i or (B)
structures of a relatively slender nature compared
to the buildings to  which  they  are  associated,
including  but not limited to chimneys, flagpoles,
antennas, utility poles and steeples.
    Sec.  84.  Subsection  (a) of section 8-30g of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)  As  used in this section: (1) "Affordable
housing  development"  means  a  proposed  housing
development  (A)  which is assisted housing or (B)
in which not less than twenty-five per cent of the
dwelling   units   will   be   conveyed  by  deeds
containing covenants or restrictions  which  shall
require that such dwelling units be sold or rented
at, or below, prices which will preserve the units
as  affordable  housing,  as  defined  in  section
8-39a, for persons and families  whose  income  is
less  than or equal to eighty per cent of the area
median income or eighty  per  cent  of  the  state
median  income,  whichever  is  less, for at least
thirty years after the initial occupation  of  the
proposed   development;  (2)  "affordable  housing
application"  means  any  application  made  to  a
commission   in   connection  with  an  affordable
housing development by a person  who  proposes  to
develop  such  affordable  housing;  (3) "assisted
housing" means housing which is receiving, or will
receive,    financial    assistance    under   any
governmental  program  for  the  construction   or
substantial  rehabilitation  of  low  and moderate
income  housing,  and  any  housing  occupied   by
persons  receiving rental assistance under chapter
[138a] 319uu or Section 1437f of Title 42  of  the
United  States  Code;  (4)  "commission"  means  a
zoning commission, planning  commission,  planning
and  zoning commission, zoning board of appeals or
municipal agency  exercising  zoning  or  planning
authority;  and (5) "municipality" means any town,
city   or   borough,   whether   consolidated   or
unconsolidated.
    Sec.  85. Subsection (b) of section 12-217n of
the general statutes, as amended by section 23  of
public  act  98-110, is repealed and the following
is substituted in lieu thereof:
    (b) For purposes of this section:
    (1)  "Research and development expenses" means
research or experimental  expenditures  deductible
under  Section 174 of the Internal Revenue Code of
1986, as in effect on  May  28,  1993,  determined
without  regard  to Section 280C(c) thereof or any
elections made by  a  taxpayer  to  amortize  such
expenses  on  its  federal  income tax return that
were  otherwise  deductible,  and  basic  research
payments  as  defined  under  Section  41  of said
Internal Revenue Code to the extent  not  deducted
under   said   Section  174,  provided:  (A)  Such
expenditures and payments are paid or incurred for
such   research   and  experimentation  and  basic
research conducted in this  state;  and  (B)  such
expenditures  and  payments are not funded, within
the  meaning  of  Section  41(d)(4)(H)   of   said
Internal  Revenue Code, by any grant, contract, or
otherwise by a person or governmental entity other
than  the  taxpayer  unless  such  other person is
included in a  combined  return  with  the  person
paying or incurring such expenses;
    (2)  "Combined  return"  shall mean a combined
corporation  business  tax  return  under  section
12-223a;
    (3)  "Commissioner"  means the Commissioner of
Economic and Community Development;
    (4)   "Qualified   small   business"  means  a
company that (A) has gross income for the previous
income  year  that  does  not  exceed  one hundred
million  dollars,  and  (B)  has   not,   in   the
determination  of  the commissioner, met the gross
income test through transactions  with  a  related
person,  as  defined  in  section  [12-217m]  1 OF
PUBLIC ACT 97-295.
    Sec.  86.  Subsection  (b) of section 19a-7 of
the general statutes, as amended by section  1  of
public act 98-87, is repealed and the following is
substituted in lieu thereof:
    (b)  For  the purposes of establishing a state
health plan as required by subsection (a) of  this
section  and consistent with state and federal law
on patient records including, but not limited  to,
the   Office   of   Health   Care   [Data]  ACCESS
regulations on  confidentiality  and  notice,  the
department   is   entitled   to   access  hospital
discharge  data,  emergency  room  and  ambulatory
surgery  encounter  data, data on home health care
agency client encounters and services,  data  from
community  health centers on client encounters and
services and all data collected or compiled by the
Office  of  Health Care Access pursuant to section
19a-613, as amended by section  2  of  [this  act]
PUBLIC ACT 98-87.
    Sec.  87. Subsection (a) of section 20-329f of
the general statutes, as amended by section 46  of
public act 98-10, is repealed and the following is
substituted in lieu thereof:
    (a)  The  commission shall, upon completion of
the investigation and inspection  as  provided  in
[subsection]  SECTION 20-329e, as amended by [this
act] PUBLIC ACT 98-10, but, in the absence of  any
agreement  to  the  contrary between the applicant
and the commission, not later  than  three  months
from   the   receipt   of  the  completed  license
application, or receipt of an effective  statement
of  record filed with the Secretary of Housing and
Urban Development and filed  with  the  commission
pursuant  to subsection (c) of section 20-329b, as
amended  by  [this  act]  PUBLIC  ACT  98-10,  (1)
approve  or  disapprove  the  prospectus, property
report  or  offering  statement  submitted   under
subsection  (c)  of section 20-329b, as amended by
[this act] PUBLIC ACT 98-10, or  section  20-329d,
as the case may be, and (2) if satisfied, issue to
the applicant upon payment to the commission of  a
fee  computed  as  provided  in  subsection (b), a
license to offer and dispose of in this state  the
subdivision  or  parcels, units or other interests
in any subdivision that  is  the  subject  of  the
application or such effective statement of record.
Such license shall be valid for one year  and  may
be renewed annually upon payment to the commission
of a fee, computed as provided in subsection  (b),
unless  there  is a material change affecting such
subdivision  or  lot,  parcels,  units  or   other
interest  in  any  subdivision  or  the  offer  or
disposition thereof, in which case all  new  facts
shall  be  reported to the commission immediately.
Upon receipt of such report or in the  event  that
any such material change is discovered by or comes
to the attention of the commission  through  other
sources,   the   commission   may,  after  hearing
pursuant to section 20-321, as  amended  by  [this
act]  PUBLIC  ACT  98-10,  take such action as the
commission  considers  necessary,  including   the
suspension   or  revocation  of  such  license  if
justified.
    Sec.  88.  Subsection  (c) of section 49-10 of
the general statutes, as  amended  by  public  act
98-147,   is   repealed   and   the  following  is
substituted in lieu thereof:
    (c)   In   addition  to  the  requirements  of
subsection [(c)] (b) of this section, whenever  an
assignment  of  any  residential mortgage loan (1)
made by a lending institution organized under  the
laws  of  or  having  its  principal office in any
other  state,  and  (2)  secured  by  mortgage  on
residential  real  estate located in this state is
made in writing, the instrument shall contain  the
name  and  business  or  mailing  address  of  all
parties to such assignment.
    Sec.  89.  Subsection (c) of section 51-46a of
the general statutes, as amended by section  1  of
public  act  97-132, is repealed and the following
is substituted in lieu thereof:
    (c)  The  statement  filed  pursuant  to  this
section shall be a matter of  public  information,
except  the list of names filed in accordance with
subdivision (2) of subsection (b) of this  section
shall  be  sealed and confidential and for the use
of the Judicial Review  Council  and  the  Supreme
Court  only if an investigation has been initiated
under  section  51-51j  and  the  Judicial  Review
Council  or  the  Supreme  Court is of the opinion
that disclosure of the  list  is  germane  to  THE
investigation.  The  list  may  be  subject  to  a
subpoena in any criminal prosecution,  impeachment
proceedings  or a hearing before the Supreme Court
under section 51-51j.
    Sec.  90.  Subsection  (a)  of  section  7  of
public act 97-272 is repealed and the following is
substituted in lieu thereof:
    (a)   As   used  in  this  section,  "relative
caregiver" means a person  who  is  caring  for  a
child RELATED TO SUCH PERSON because the parent of
the child has died or become otherwise  unable  to
care   for   the   child  for  reasons  that  make
reunification with the parent not a viable  option
within  the  foreseeable future and "commissioner"
means the Commissioner of Children and Families.
    Sec.  91.  Section  5  of public act 97-287 is
repealed and the following is substituted in  lieu
thereof:
    Any  bail  enforcement  agent's license may be
suspended or revoked by the Commissioner of Public
Safety,  provided  notice shall have been given to
the licensee to appear before the commissioner  to
show cause why the license should not be suspended
or revoked, upon a  finding  by  the  commissioner
that:  (1)  The  licensee  has violated any of the
terms  or  provisions  of  sections   1   to   10,
inclusive,  of [this act] PUBLIC ACT 97-287 or any
of  the  regulations  adopted  [hereunder]   UNDER
SECTION  12 OF PUBLIC ACT 97-287; (2) the licensee
has practiced fraud, deceit or  misrepresentation;
(3)  the licensee has made a material misstatement
in the application for issuance or renewal of  his
license;   (4)   the   licensee  has  demonstrated
incompetence or untrustworthiness in  the  conduct
of   his  business;  (5)  the  licensee  has  been
convicted of a felony or other crime affecting his
honesty,  integrity  or  moral  fitness. Any party
aggrieved by an order of  the  commissioner  under
this  section  may  appeal therefrom in accordance
with the provisions of section 4-183, except venue
for  such appeal shall be in the judicial district
of Hartford-New Britain.
    Sec.  92.  Subsection  (a)  of  section  10 of
public act 97-287 is repealed and the following is
substituted in lieu thereof:
    (a)  No  professional  bondsman licensed under
chapter 533, surety bail bond agent licensed under
chapter  700f  or  bail enforcement agent licensed
under sections 2 to 5, inclusive,  of  [this  act]
PUBLIC  ACT 97-287, shall carry a pistol, revolver
or other firearm while engaging in the business of
a professional bondsman, surety bail bond agent or
bail enforcement agent, as the  case  may  be,  or
WHILE traveling TO or from such business unless he
obtains a special permit from the Commissioner  of
Public Safety in accordance with the provisions of
subsection  (b)  of  this  section.   The   permit
required  under  this section shall be in addition
to the permit requirement  imposed  under  section
29-28.
    Sec.  93.  Subsection  (d)  of  section  2  of
public act 98-145 is repealed and the following is
substituted in lieu thereof:
    (d)   Any   person  who  has  submitted  to  a
urinalysis drug test pursuant to subsection (c) of
this  section  that produced a positive result may
request that a  second  urinalysis  drug  test  be
administered, at such person's expense, to confirm
the results of the first test, except that if  the
participant  is  determined  to be indigent, based
upon  financial  affidavits,  the  Department   of
Correction  shall  pay  the  cost of the test. The
second drug test shall be a urinalysis drug  test,
separate  and independent of the initial test. The
participant may be detained  in  a  halfway  house
pending  the  results  of the second test. If such
second test does not produce  a  positive  result,
the  participant,  if detained in a halfway house,
shall be released from such halfway house and  the
fee, if paid by the participant, shall be refunded
TO THE participant.
    Sec.  94.  Section  7  of public act 98-150 is
repealed and the following is substituted in  lieu
thereof:
    Notwithstanding   the  provisions  of  section
19a-638, as amended by section  2  of  [this  act]
PUBLIC  ACT 98-150, or section 19a-639, as amended
by section 3 of [this act] PUBLIC ACT 98-150,  the
office   may   waive  the  requirements  of  those
sections and grant a certificate of  need  to  any
health care facility, [or] institution OR PROVIDER
or any state health care facility, institution  or
provider   proposing   to  replace  major  medical
equipment,   imaging   equipment   or   a   linear
accelerator if:
    (1)  The facility, institution or provider has
previously obtained a certificate of need for  the
equipment or accelerator being replaced;
    (2)  The  replacement value or expenditure for
the replacement equipment or  accelerator  is  not
more  than  the  original cost plus an increase of
ten per cent for each twelve-month period that has
elapsed since the date of the original certificate
of need; and
    (3)  The  replacement  value or expenditure is
less than two million dollars.
    Sec.  95.  Section  3  of public act 98-183 is
repealed and the following is substituted in  lieu
thereof:
    (a)  The  Chief  Court  Administrator  and the
Secretary of the Office of Policy and  Management,
in    consultation    with    the   [Commissioner]
COMMISSIONERS  of  Education  and   Children   and
Families, the cochairmen of and ranking members of
the  committees  on  judiciary  and  education,  a
representative   from   the  Select  Committee  on
Children, a representative from the youth services
bureaus  and  a  representative  from  the truancy
subcommittee  of  the  [Sale]  SAFE  Schools   and
Communities  Coalition  shall  develop and submit,
not later than January 1, 1999,  to  the  Governor
and  the  General  Assembly, a family with service
needs plan, which shall include  a  recommendation
for  the  1999-2001  biennial  budget to implement
such a plan.
    Sec.  96.  Subsection  (c)  of  section  2  of
public act 98-169 is repealed and the following is
substituted in lieu thereof:
    (c)  Not  later  than  January  1,  1999,  and
annually thereafter, the  Labor  Department  shall
submit   a  report  to  the  Governor,  the  joint
standing committees of the General Assembly having
cognizance  of matters relating to appropriations,
human services and labor and public employees  and
the    Connecticut   [Training   and   Employment]
EMPLOYMENT AND TRAINING  Commission.  Each  report
shall  contain  an  evaluation of the operation of
the employment services administered by the  Labor
Department pursuant to this section, including the
number of persons who receive employment services,
their  gender and outcomes. Each such report shall
also provide specific  information  regarding  the
cost-effectiveness of the employment services.
    Sec.  97.  Subsection  (e)  of  section  6  of
public act 98-220 is repealed and the following is
substituted in lieu thereof:
    (e)  Where  the  state applies for an order to
close the real property or  any  portion  thereof,
the court shall take into consideration the rights
of all interested  parties  and  shall  limit  the
scope of a closing order to minimize dispossession
or dislocation of tenants or  residents  who  have
been   factually   uninvolved   in   the   conduct
contributing  to  the  public   nuisance,   unless
[continued  occupation] CLOSURE of the property is
necessary to  protect  public  health,  safety  or
welfare.
    Sec.  98.  Subdivision  (a) of subsection (59)
of section  12-81  of  the  general  statutes,  as
amended  by  section  2  of  public act 98-146, is
repealed and the following is substituted in  lieu
thereof:
    (a)  Any manufacturing facility, as defined in
section     32-9p,     acquired,      constructed,
substantially  renovated  or  expanded on or after
July 1, 1978, in  a  distressed  municipality,  as
defined   in   said   section  or  in  a  targeted
investment  community,  as  defined   in   section
32-222,   or  in  an  enterprise  zone  designated
pursuant  to  section  32-70  and  for  which   an
eligibility  certificate  has  been  issued by the
Department of Economic and Community  Development,
and  any  manufacturing  plant designated by [said
Commissioner] THE  COMMISSIONER  OF  ECONOMIC  AND
COMMUNITY  DEVELOPMENT  under  subsection  (a)  of
section 32-75c, as amended by  [this  act]  PUBLIC
ACT  98-146,  as  follows: To the extent of eighty
per  cent  of  its  valuation  for   purposes   of
assessment  in  each  of  the five full assessment
years following the assessment year in  which  the
acquisition, construction, renovation or expansion
of the manufacturing facility is completed, except
that  a  manufacturing  facility having a standard
industrial classification code of 2833 OR 2834 and
having  at least one thousand full-time employees,
as defined in subsection  (f)  of  section  32-9j,
shall  be  eligible  to have the assessment period
extended for five additional years  upon  approval
of   the  commissioner,  in  accordance  with  all
applicable regulations,  provided  such  full-time
employees  have  not  been  relocated from another
facility  in  the  state  operated  by  the   same
eligible applicant.
    Sec.  99.  Subsection  (b)  of  section  1  of
public act 98-220 is repealed and the following is
substituted in lieu thereof:
    (b)  The  state  has  the  exclusive  right to
bring  an  action  to  abate  a  public   nuisance
involving  any  real  property or portion thereof,
commercial or  residential,  including  single  or
multifamily  dwellings,  provided  there have been
three or more arrests for conduct on the  property
documented  by  a law enforcement officer [of any]
for ANY OF the offenses enumerated in subdivisions
(1)  to  (7), inclusive, of subsection (c) of this
section within the three hundred  sixty-five  days
preceding commencement of the action.
    Sec.  100. Subsection (b) of section 51-49h of
the general statutes, as amended by section  4  of
public  act  98-197, is repealed and the following
is substituted in lieu thereof:
    (b)   Any   such  judge,  any  family  support
magistrate or any compensation commissioner who is
a   veteran  may  receive  credit  for  retirement
purposes for  military  service,  if  such  judge,
family    support   magistrate   or   compensation
commissioner makes  retirement  contributions  for
each   month   of   military   service   equal  to
one-twelfth of five per cent of his  first  year's
salary  as a judge, [or] family support magistrate
OR COMPENSATION  COMMISSIONER  multiplied  by  the
total  number  of months of such military service,
except that (1) no retirement  contribution  shall
be  made for service as a prisoner of war, and (2)
no credit shall be allowed for military service to
any  such  judge,  family  support  magistrate  or
compensation commissioner who has served less than
ten years as a judge, family support magistrate or
compensation commissioner, nor for more than fifty
per  cent of such military service or three years,
whichever is less.  Service  credit  for  military
service for retirement purposes other than service
as a prisoner of war shall not  be  granted  until
payment   of   contributions   is  completed.  Any
application for military service credit under this
section  for service as a prisoner of war shall be
accompanied by sufficient proof from the Veterans'
Administration  of  the  United  States  that such
judge,   [or]   family   support   magistrate   OR
COMPENSATION  COMMISSIONER is a former prisoner of
war.
    Sec.  101.  Section  5 of public act 98-242 is
repealed and the following is substituted in  lieu
thereof:
    Notwithstanding      the     provisions     of
subparagraph (c) of subdivision  (59)  of  section
[12-89]  12-81 of the general statutes, any person
otherwise eligible for an exemption, relating to a
manufacturing    facility    in    a    distressed
municipality having a population of not less  than
seventy  thousand persons and not more than ninety
thousand persons, pursuant to subparagraph (a)  of
said  subdivision for taxes payable in July, 1997,
and January, 1998, except that such person  failed
to  make  application within the time specified in
said subparagraph (c), may submit  an  application
for   exemption   within  thirty  days  after  the
effective date of [this act]  PUBLIC  ACT  98-242.
The  application  shall  be accompanied by the fee
required  by  section  12-81k   of   the   general
statutes.  Upon receipt of the application and fee
and verification of payment  of  such  taxes,  the
municipality  may  reimburse  such  person  in  an
amount equal to the amount  by  which  such  taxes
exceed  the  taxes  payable if the application had
been filed in a timely manner.
    Sec.  102.  Subsection  (b) of section 46b-129
of the general statutes, as amended by section  19
of  public  act 97-319 and section 5 of public act
98-241,  is  repealed   and   the   following   is
substituted in lieu thereof:
    (b)   If   it   appears   from   the  specific
allegations of the  petition  and  other  verified
affirmations of fact accompanying the petition and
application, or subsequent thereto, that there  is
reasonable  cause to believe that (1) the child is
suffering from serious physical illness or serious
physical injury or is in immediate physical danger
from his surroundings and (2) that as a result  of
said  conditions, the child's safety is endangered
and immediate removal from  such  surroundings  is
necessary  to ensure the child's safety, the court
shall either [(1)]  (A)  issue  an  order  to  the
parents  or other person having responsibility for
the care of the child or youth to appear  at  such
time  as  the  court  may  designate  to determine
whether the court should  vest  in  some  suitable
agency  or person the child's or youth's temporary
care  and  custody  pending  disposition  of   the
petition,  or  [(2)]  (B)  issue an order ex parte
vesting in some  suitable  agency  or  person  the
child's  or  youth's temporary care and custody. A
preliminary hearing on any ex parte custody  order
or  order  to  appear issued by the court shall be
held within ten days from  the  issuance  of  such
order.  The  service of such orders may be made by
any officer authorized by law to serve process, or
by  any  probation officer appointed in accordance
with  section  46b-123,  investigator   from   the
Department  of  Administrative  Services, state or
local police officer or indifferent  person.  Such
orders  shall  include a conspicuous notice to the
respondent written in clear  and  simple  language
containing  at  least  the  following information:
[(1)] (i) That the order contains allegations that
conditions  in the home have endangered the safety
and welfare  of  the  child;  [(2)]  (ii)  that  a
hearing  will  be  held  on  the date on the form;
[(3)] (iii) that the hearing is the opportunity to
present   the  parents'  position  concerning  the
alleged facts; [(4)] (iv) that an attorney will be
appointed   for   parents  who  cannot  afford  an
attorney; [(5)] (v) that such  parents  may  apply
for  a court-appointed attorney by going in person
to the court address on the form and  are  advised
to  go  as  soon  as  possible  in  order  for the
attorney to prepare for  the  hearing;  and  [(6)]
(vi) if such parents have any questions concerning
the case  or  appointment  of  counsel,  any  such
parent  is  advised to go to the court or call the
clerk's office at the court as soon  as  possible.
Upon  application for appointed counsel, the court
shall promptly determine eligibility and,  if  the
respondent  is eligible, promptly appoint counsel.
The expense for any  temporary  care  and  custody
shall  be  paid by the town in which such child or
youth is at the time residing, and such town shall
be  reimbursed  therefor  by the town found liable
for his support, except that where a state  agency
has filed a petition pursuant to the provisions of
subsection (a) of this section, the  agency  shall
pay  such  expense.  The agency shall give primary
consideration to placing the  child  in  the  town
where such child resides. The agency shall file in
writing with the clerk of the  court  the  reasons
for  placing  the  child in a particular placement
outside the town where  the  child  resides.  Upon
issuance  of  an  ex  parte order, the court shall
provide to the  commissioner  and  the  parent  or
guardian specific steps necessary for each to take
to address the ex parte order for  the  parent  or
guardian  to retain or regain custody of the child
or youth.
    Sec. 103. Subsection  (c) of section 7-131e of
the general statutes,  as  amended by section 4 of
public act 98-157,  is  repealed and the following
is substituted in lieu thereof:
    (c)   The   review   board  shall  consist  of
[twenty] TWENTY-ONE members as  follows:  (1)  The
chairpersons  and  ranking  members of the bonding
subcommittee of the joint  standing  committee  of
the  General Assembly having cognizance of matters
relating to finance, revenue and bonding; (2)  one
member  of  the  joint  standing  committee of the
General  Assembly  having  cognizance  of  matters
relating  to  the  environment,  appointed  by the
speaker of the House of Representatives,  and  one
member  of  the  joint  standing  committee of the
General  Assembly  having  cognizance  of  matters
relating to planning and development, appointed by
the president pro tempore of the Senate,  each  of
whom shall be ex officio members of the board; (3)
the  Secretary  of  the  Office  of   Policy   and
Management,  or his designee; (4) a representative
of the business community and a person experienced
in  issues relating to access to public facilities
by persons with  disabilities,  appointed  by  the
Governor;   (5)   one   representative   from   an
investor-owned water  utility,  appointed  by  the
minority   leader   of   the   Senate;   (6)   one
representative from  a  municipal  water  utility,
appointed  by  the minority leader of the House of
Representatives; (7)  one  representative  from  a
regional  water utility, appointed by the minority
leader of the Senate; (8) one  representative  who
is  a  realtor  or attorney with a minimum of five
years  experience  in   real   estate   transfers,
appointed   by   the   speaker  of  the  House  of
Representatives; one representative with a minimum
of  five  years  experience  in  the  construction
industry or land  development,  appointed  by  the
president  pro  tempore  of  the  Senate;  (9) two
representatives  of  interest   groups   primarily
concerned with the conservation of river watershed
regions,  appointed  one  each  by  the   majority
leaders  of  the  House of Representatives and the
Senate; (10) three representatives from  nonprofit
organizations     primarily     concerned     with
environmental  protection  or   natural   resource
conservation   with   a   minimum  of  five  years
experience in land conservation  and  acquisition,
appointed one each by the Governor, the speaker of
the House of Representatives and the president pro
tempore  of the Senate; and (11) one chief elected
official of a town with  a  population  less  than
twenty  thousand and one chief elected official of
a town  with  a  population  greater  than  twenty
thousand,  appointed by the Governor. The members,
other than the members described  in  subdivisions
(1),  (2)  and (3) of this subsection, shall serve
terms of three years provided  the  terms  of  the
members  described  in  subdivisions  (4)  to (8),
inclusive, of this subsection who are appointed in
the  year  after  the  effective  date of this act
shall expire  on  October  1,  1999,  and  further
provided  the  terms  of  the members described in
subdivisions [(5) to] (9) TO (11),  inclusive,  of
this  subsection  shall expire on October 1, 2000.
The board shall elect a chairman  from  among  its
members  and shall make such election on or before
October 1, 1998. Members of the board shall  serve
until reappointed or replaced.
    Sec.  104.  Section  4 of public act 98-246 is
repealed and the following is substituted in  lieu
thereof:
    This  act  shall take effect from its passage,
except that [sections 1 and  2]  SECTION  1  shall
take effect October 1, 1998.
    Sec.  105.  Section 79 of public act 98-252 is
repealed and the following is substituted in  lieu
thereof:
    Sections   10-4m,   10-21d,   10-21e,  10-74e,
10-92,  10-204,  10-262g,  10-264a   to   10-264d,
inclusive,    10-264k,    [10-265a   to   10-265d,
inclusive, as amended,] 10-266s, 46a-31 and 46a-33
of the general statutes are repealed.
    Sec.  106.  Subdivision  (2) of subsection (a)
of section 12-214  of  the  general  statutes,  as
amended  by  section  6  of  public act 98-244, is
repealed and the following is substituted in  lieu
thereof:
    (2)  The  following  companies shall be exempt
from the  tax  imposed  under  this  chapter:  (A)
Insurance   companies  incorporated  or  organized
under the laws  of  any  other  state  or  foreign
government,  (B)  companies  exempt by the federal
corporation net income tax law,  and  any  company
which  qualifies as a domestic international sales
corporation (DISC), as defined in Section  992  of
the   Internal   Revenue  Code  of  1986,  or  any
subsequent corresponding internal revenue code  of
the  United  States, as from time to time amended,
and as to which a valid election under  subsection
(b) of said Section 992 to be treated as a DISC is
effective, but excluding companies, other than any
company which so qualifies as, and so elects to be
treated as, a DISC, which elect not to be  subject
to  such  tax under any provision of said Internal
Revenue Code other than  said  subsection  (b)  of
Section   992;  (C)  companies  subject  to  gross
earnings taxes under chapter  210;  (D)  companies
all of whose properties in this state are operated
by companies subject to gross earnings taxes under
chapter 210; (E) cooperative housing corporations,
as defined for federal income  tax  purposes;  (F)
any  organization  or  association  of two or more
persons established and operated for the exclusive
purpose  of promoting the success or defeat of any
candidate for public office or  of  any  political
party  or  question or constitutional amendment to
be voted upon at any state or national election or
for  any  other political purpose; (G) any company
which is not  owned  or  controlled,  directly  or
indirectly, by any other company, the gross annual
revenues of which in the most  recently  completed
year  did  not  exceed one hundred million dollars
and  which  engaged  in  the   research,   design,
manufacture,  sale  or installation of alternative
energy systems or motor vehicles powered in  whole
or  in  part  by electricity, natural gas or solar
energy  including  their  parts  and   components,
provided  at  least  seventy-five  per cent of the
gross annual revenues of such company are  derived
from  such  research, design, manufacture, sale or
installation; [and] (H) any company which  engages
in  the  research,  design, manufacture or sale in
Connecticut of aero-derived gas turbine systems in
advanced     industrial     applications,    which
applications are developed after October 1,  1992,
which  are  limited to simply-cycle systems, humid
air, steam or  water  injection,  recuperation  or
intercooling  technologies,  including their parts
and components, to the extent that such  company's
net   income  is  directly  attributable  to  such
purposes; (I) any  nonunited  states  corporation,
which shall be any foreign corporation, as defined
in section  7701(a)(5)  of  the  Internal  Revenue
Code, whose sole activity in this state during the
income year consists of  the  trading  in  stocks,
[or]    securities   OR   COMMODITIES   for   such
corporation's own account, as defined  in  section
864(b)(2)(A)(ii)  of  said  Internal Revenue Code;
and (J) for income years commencing  on  or  after
January 1, 2001, S corporations.
    Sec.  107.  Section 22 of public act 98-255 is
repealed and the following is substituted in  lieu
thereof:
    (a)   Notwithstanding  any  provision  of  the
general statutes to the contrary, the Commissioner
of  Public  Works  shall  convey  to  the  town of
Greenwich, subject to the approval  of  the  State
Properties Review Board and at a cost equal to the
administrative costs of making such conveyance,  a
parcel  of  land  located at the junction of Route
U.S. 1, Boston Post Road and [South]  SOUND  Beach
Avenue in the town of Greenwich, having an area of
approximately .49 acre and bounded  and  described
as follows:

NORTHERLY:    By the  Junction  of  Route  U.S. 1,
              the Boston  Post  Road  and [South]
              SOUND Beach Avenue;

EASTERLY:     By [South] SOUND Beach Avenue;

SOUTHERLY:    By Old  Greenwich Lane and land now
              or formerly of Harold C. and
              William M. Rich, each in part;

WESTERLY:     By Route U.S. 1, Boston Post Road;

    together  with buildings thereon, and the same
being a portion of the premises  contained  in  an
Executrix   Deed,  dated  October  18,  1916,  and
recorded in the Greenwich Land Records  in  Volume
159 at Page 148.
    (b)  The  town  of  Greenwich  shall  use said
parcel of land for open  space  purposes.  If  the
town of Greenwich:
    (1)   Does   not  use  said  parcel  for  said
purposes,
    (2)  Does  not retain ownership of all of said
parcel, or
    (3) Leases all or any portion of said parcel,
    the  parcel  shall  revert  to  the  state  of
Connecticut.
    (c)  The  State  Properties Review Board shall
complete its review  of  the  conveyance  of  said
parcel of land not later than thirty days after it
receives a proposed agreement from the  Department
of  Public  Works. The land shall remain under the
care  and  control  of  said  department  until  a
conveyance   is   made   in  accordance  with  the
provisions of this section.  The  State  Treasurer
shall  execute  and deliver any deed or instrument
necessary for a  conveyance  under  this  section,
which  deed or instrument shall include provisions
to carry out the purposes  of  subsection  (b)  of
this section, and the Commissioner of Public Works
shall have the sole responsibility for  all  other
incidents of such conveyance.
    Sec.  108.  Section  46b-150a  of  the general
statutes, as amended by section 9  of  public  act
98-219,   is   repealed   and   the  following  is
substituted in lieu thereof:
    (a)  With  respect  to  a  petition  filed  in
Superior  Court  pursuant  to  section   [46a-150]
46b-150,  as  amended  by  [this  act]  PUBLIC ACT
98-219, the Superior Court may,  if  it  deems  it
appropriate,  (1) require a probation officer, the
Commissioner of Children and Families or any other
person  to  investigate  the  allegations  in  the
petition and file a report of  that  investigation
with  the court, (2) appoint counsel for the minor
who may serve as guardian ad litem for the  minor,
(3)  appoint  counsel  for  the minor's parents or
guardian, or (4) make any other  orders  regarding
the matter which the court deems appropriate.
    (b)  With  respect  to  a  petition  filed  in
probate court  pursuant  to  section  46b-150,  as
amended  by  [this  act]  PUBLIC  ACT  98-219, the
probate court shall request  an  investigation  by
the  Commissioner of Children and Families, unless
this requirement is waived by the court for  cause
shown.   The   court   shall  appoint  counsel  to
represent the minor. The  costs  of  such  counsel
shall  be  paid  by the minor, except that if such
minor is unable to pay for such counsel and  files
an  affidavit  with  the  court  demonstrating his
inability  to  pay,  the  reasonable  compensation
shall  be  established  by,  and  paid  from funds
appropriated to, the Judicial Department. If funds
have  not  been  included  in  the  budget  of the
Judicial  Department  for  such   purposes,   such
compensation  shall  be established by the Probate
Court Administrator  and  paid  from  the  Probate
Court Administration Fund.
    Sec.  109.  Section  1  of public act 98-99 is
repealed and the following is substituted in  lieu
thereof:
    The  Commissioner  of Environmental Protection
shall  adopt   alternative   standards   for   the
specifications  provided  in sections 22a-256n and
[22a-256o] 22a-256p of the general statutes if  he
determines, upon receipt of documentation from the
Northeast    Recycling    Council,    that    such
specifications    are    not    achievable   which
determination shall be made  not  less  than  once
annually.  Such  alternative standards shall be in
effect during any period  of  time  in  which  the
commissioner  determines  that  the  publishing or
printing industry is unable to  obtain  sufficient
amounts  of  runable newsprint containing recycled
fiber at a  price  comparable  to  the  price  for
virgin   newsprint  or  is  unable  to  find  such
newsprint within a reasonable time.
    Sec.  110.  Section  1 of public act 98-105 is
repealed and the following is substituted in  lieu
thereof:
    The  Commissioner of Environmental Protection,
in consultation with the [Rivers] RIVER PROTECTION
Advisory  Committee,  shall  prepare a model river
protection ordinance which  may  be  used  by  any
municipality  in this state in adopting ordinances
or regulations for the protection of rivers.  Such
model  ordinance  may  include,  but  need  not be
limited to, recommendations for  the  modification
of  municipal  plans  of  development  and zoning,
subdivision, site plan and wetlands regulations as
necessary  to  allow  implementation  of  a  river
protection   ordinance   or    regulation.    Such
recommendations  may  concern tourism, navigation,
utility  and  transportation   rights-of-way   and
water-dependent      recreational,     industrial,
commercial, agricultural and other uses,  as  well
as proposals for specific setbacks from the river,
dimensions of new lots and buildings, restrictions
on   cutting   of   vegetation,   restrictions  on
earth-moving  for  mining   or   other   purposes,
prohibited activities and regulation of paving and
other forms of impervious ground cover. Such  plan
may  also  include  recommendations for incentives
for property owners to protect  lands  within  the
river  corridor  and  to  develop  such lands in a
manner   that   is   compatible   with    resource
protection.   Such   incentives  may  include  tax
credits for donation  to  appropriate  parties  of
open  space  easements  or land development rights
and incentives for cluster development.
    Sec.  111.  Subsection  (a)  of  section  1 of
public act 98-135 is repealed and the following is
substituted in lieu thereof:
    (a)   The   Office   of  Adult  Probation,  in
conjunction  with  state-wide   experts   in   law
enforcement, the treatment of sexual offenders and
sexual  assault  victim  services,  shall,  within
available   appropriations,  develop  a  community
response  education  program  to  be  offered   to
neighborhoods  and  municipalities  that have been
notified  pursuant  to  section  [54-102r  of  the
general  statutes,  as  amended,]  9 OF PUBLIC ACT
98-111 that a person who has registered under said
section is or will be residing in that community.
    Sec.  112.  Subsection  (a)  of  section  7 of
public act 98-128 is repealed and the following is
substituted in lieu thereof:
    (a)  During  the  period commencing on July 1,
1998, and ending on  October  1,  1998,  upon  the
reduction in the tax required by section 12-458 of
the general statutes, as  amended  by  [this  act]
PUBLIC ACT 98-128, that is effective July 1, 1998,
each  [distribution]  DISTRIBUTOR  as  defined  in
section 12-455a, in accordance with subsection (b)
of this section, SHALL reduce the per-gallon price
of  gasoline  or other product intended for use in
the propelling of motor vehicles using  combustion
type   engines   sold   in   this  state  by  such
distributor to any retail  dealer  as  defined  in
section  14-318  of  the  general  statutes, in an
amount equal to the amount  of  the  reduction  in
such  tax  that  is imposed on each gallon of such
gasoline or other product. Such distributor  shall
maintain  any such price reduction in effect for a
period of not less than ninety days after such tax
reduction.
    Sec.  113.  Subsection  (b) of section 17a-110
of the general statutes, as amended by section  12
of   public   act  98-241,  is  repealed  and  the
following is substituted in lieu thereof:
    (b)  At  a  hearing  held  in  accordance with
SUBSECTION (k) OF section 46b-129 AND SECTION 7 OF
PUBLIC  ACT  98-241, the court shall determine the
appropriateness of continuing efforts to reunify a
child  with  his  family.  If the court finds that
such efforts are not appropriate,  the  Department
of  Children  and Families shall within sixty days
of such finding either (1) file a petition for the
termination  of parental rights, (2) file a motion
to revoke the commitment and vest the custody  and
guardianship  of  the  child  on  a  permanent  or
long-term basis in an  appropriate  individual  or
couple, or (3) file a written permanency plan with
the court for permanent or long-term foster  care,
which  plan  shall  include  an explanation of the
reason that neither termination of parental rights
nor  custody  and  guardianship is appropriate for
the child. The  court  shall  promptly  convene  a
hearing  for the purpose of reviewing such written
plan.
    Sec.   114.  Section  10-184  of  the  general
statutes, as amended by section 16 of  public  act
98-243,   is   repealed   and   the  following  is
substituted in lieu thereof:
    All  parents  and  those  who have the care of
children shall bring them up in  some  lawful  and
honest  employment and instruct them or cause them
to be instructed in  reading,  writing,  spelling,
English  grammar, geography, arithmetic and United
States history and  in  citizenship,  including  a
study  of the town, state and federal governments.
Subject to the  provisions  of  this  section  and
section  10-15c,  AS AMENDED, each parent or other
person having control of  a  child  [age  five  to
sixteen,  inclusive,]  FIVE  YEARS OF AGE AND OVER
AND UNDER SIXTEEN YEARS OF AGE  shall  cause  such
child  to  attend a public school regularly during
the hours and  terms  the  public  school  in  the
district   in  which  such  child  resides  is  in
session,  unless  the  parent  or  person   having
control  of  such  child  is able to show that the
child   is    elsewhere    receiving    equivalent
instruction  in  the  studies taught in the public
schools. The parent or person having control of  a
child  five  years of age shall have the option of
not sending the child to school until the child is
six  years  of age and the parent or person having
control of a child six years of age shall have the
option  of  not  sending the child to school until
the child is seven years of  age.  The  parent  or
person  shall  exercise  such option by personally
appearing  at  the  school  district  office   and
signing  an option form. The school district shall
provide the parent or person with  information  on
the  educational  opportunities  available  in the
school system.
    Sec.  115. Subsection (a) of section 10-220 of
the general statutes, as amended by section 21  of
public  act  97-290  and  section 19 of public act
98-243,  is  repealed   and   the   following   is
substituted in lieu thereof:
    (a)  Each local or regional board of education
shall  maintain   good   public   elementary   and
secondary   schools,   implement  the  educational
interests of  the  state  as  defined  in  section
10-4a,   AS   AMENDED,   and  provide  such  other
educational activities as  in  its  judgment  will
best  serve  the interests of the school district;
provided any board of education  may  secure  such
opportunities   in   another  school  district  in
accordance with provisions of the general statutes
and  shall  give  all  the  children of the school
district as nearly  equal  advantages  as  may  be
practicable; shall provide an appropriate learning
environment for its students  which  includes  (1)
adequate instructional books, supplies, materials,
equipment, staffing,  facilities  and  technology,
(2)  equitable  allocation  of resources among its
schools, and (3) a safe school setting; shall have
charge  of  the  schools  of its respective school
district; shall make a  continuing  study  of  the
need  for  school  facilities  and  of a long-term
school building program and from time to time make
recommendations  based  on such study to the town;
shall  report  annually  to  the  Commissioner  of
Education  on  the condition of its facilities and
the action taken to implement its long-term school
building  program,  which  report the commissioner
shall use to prepare  an  annual  report  that  he
shall  submit  in accordance with section 11-4a to
the  joint  standing  committee  of  the   General
Assembly  having  cognizance  of  education; shall
advise  the  Commissioner  of  Education  of   the
relationship   between   any   individual   school
building project pursuant to chapter 173 and  such
long-term  school building program; shall have the
care,  maintenance  and  operation  of  buildings,
lands,  apparatus  and  other  property  used  for
school purposes and at all times shall insure  all
such buildings and all capital equipment contained
therein against loss in an amount  not  less  than
eighty   per   cent  of  replacement  cost;  shall
determine the number, age  and  qualifications  of
the  pupils to be admitted into each school; shall
employ and dismiss the teachers of the schools  of
such   district   subject  to  the  provisions  of
sections  10-151,  AS  AMENDED,  and  10-158a,  AS
AMENDED;  shall  designate the schools which shall
be attended by the  various  children  within  the
school  district;  shall  make  such provisions as
will enable each child of school age, residing  in
the  district to attend some public day school for
the period required by law  and  provide  for  the
transportation of children wherever transportation
is reasonable and desirable, and for such  purpose
may  make  contracts  covering periods of not more
than five  years;  may  place  in  an  alternative
school   program  or  other  suitable  educational
program  a  pupil  enrolling  in  school  who   is
nineteen  years of age or older and cannot acquire
a sufficient number of credits for  graduation  by
age  twenty-one;  may  arrange  with  the board of
education of an adjacent town for the  instruction
therein  of  such children as can attend school in
such adjacent town more conveniently; shall  cause
each  child [age five to sixteen, inclusive,] FIVE
YEARS OF AGE AND OVER AND UNDER SIXTEEN  YEARS  OF
AGE living in the school district to attend school
in  accordance  with  the  provisions  of  section
10-184,  as  amended  by  section 16 of [this act]
PUBLIC ACT 98-243,  and  shall  perform  all  acts
required  of  it by the town or necessary to carry
into effect the powers and duties imposed by law.
    Sec.  116.  Subsection  (c)  of  section  8 of
public act 98-243 is repealed and the following is
substituted in lieu thereof:
    (c)  PRIORITY  SCHOOL  DISTRICTS SHALL RECEIVE
GRANTS  BASED  ON  THE  FORMULA   ESTABLISHED   IN
SUBDIVISION  (1) OF SUBSECTION (e) OF SECTION 4 OF
PUBLIC ACT 98-243. No funds received by  a  school
district pursuant to this section shall be used to
supplant federal, state or local funding  received
by such town for improvements to school buildings.
    Sec.  117.  Subsection  (d)  of  section  9 of
public act 98-243 is repealed and the following is
substituted in lieu thereof:
    (d)  PRIORITY  SCHOOL  DISTRICTS SHALL RECEIVE
GRANTS  BASED  ON  THE  FORMULA   ESTABLISHED   IN
SUBDIVISION  (1) OF SUBSECTION (e) OF SECTION 4 OF
PUBLIC ACT 98-243. The Department of Education may
retain  up  to one per cent of the amount of funds
appropriated for  purposes  of  this  section  for
coordination,      program      evaluation     and
administration.
    Sec.   118.  Section  33-900  of  the  general
statutes, as amended by section 28 of  public  act
97-246,   is   repealed   and   the  following  is
substituted in lieu thereof:
    (a)  In  a  proceeding  BY A SHAREHOLDER under
subdivision (1) of subsection (a)  OR  SUBDIVISION
(2)   OF  SUBSECTION  (b)  of  section  33-896  to
dissolve a corporation that has no  shares  listed
on  a  national  securities  exchange or regularly
traded in a  market  maintained  by  one  or  more
members  of  a  national  or affiliated securities
association, the corporation may elect or,  if  it
fails to elect, one or more shareholders may elect
to purchase all shares owned  by  the  petitioning
shareholder  at  the  fair value of the shares. An
election  pursuant  to  this  section   shall   be
irrevocable unless the court determines that it is
equitable to set aside or modify the election.
    (b)  An  election to purchase pursuant to this
section may be filed with the court  at  any  time
within   ninety  days  after  the  filing  of  the
petition under subdivision (1) of  subsection  (a)
OR  SUBDIVISION  (2)  OF SUBSECTION (b) of section
33-896 or at such later time as the court  in  its
discretion  may allow. If the election to purchase
is  filed  by  one  or  more   shareholders,   the
corporation  shall,  within  ten  days thereafter,
give written notice  to  all  shareholders,  other
than  the  petitioner.  The  notice must state the
name and number of shares owned by the  petitioner
and  the  name  and number of shares owned by each
electing   shareholder   and   must   advise   the
recipients  of their right to join in the election
to  purchase  shares  in  accordance   with   this
section. Shareholders who wish to participate must
file notice of their  intention  to  join  in  the
purchase  no  later  than  thirty  days  after the
effective  date  of  the  notice  to   them.   All
shareholders  who have filed an election or notice
of their intention to participate in the  election
to purchase thereby become parties to ownership of
shares as of  the  date  the  first  election  was
filed,  unless  they  otherwise agree or the court
otherwise directs.  After  an  election  has  been
filed   by   the   corporation   or  one  or  more
shareholders, the proceeding under subdivision (1)
of subsection (a) OR SUBDIVISION (2) OF SUBSECTION
(b) of section 33-896 may not be  discontinued  or
settled,  nor may the petitioning shareholder sell
or otherwise dispose of  his  shares,  unless  the
court determines that it would be equitable to the
corporation and the shareholders, other  than  the
petitioner,   to   permit   such   discontinuance,
settlement, sale or other disposition.
    (c)  If,  within  sixty  days of the filing of
the first election, the parties reach agreement as
to  the  fair  value  and terms of purchase of the
petitioner's shares,  the  court  shall  enter  an
order   directing  the  purchase  of  petitioner's
shares upon the terms and conditions agreed to  by
the parties.
    (d)  If  the  parties  are  unable to reach an
agreement as provided for  in  subsection  (c)  of
this  section,  the court, upon application of any
party,   shall   stay   the   proceedings    under
subdivision  (1)  of subsection (a) OR SUBDIVISION
(2)  OF  SUBSECTION  (b)  of  section  33-896  and
determine  the  fair  value  of  the  petitioner's
shares as of the day before the date on which  the
petition  [under said subdivision] was filed or as
of such other date as the court deems  appropriate
under the circumstances.
    (e)  Upon  determining  the  fair value of the
shares, the court shall enter an  order  directing
the purchase upon such terms and conditions as the
court deems appropriate, which may include payment
of   the  purchase  price  in  instalments,  where
necessary in the interests  of  equity,  provision
for  security  to  assure  payment of the purchase
price and any additional costs, fees and  expenses
as  may  have been awarded, and, if the shares are
to be purchased by shareholders, the allocation of
shares  among them. In allocating the petitioner's
shares  among  holders  of  different  classes  of
shares,  the  court should attempt to preserve the
existing  distribution  of  voting  rights   among
holders    of   different   classes   insofar   as
practicable and  may  direct  that  holders  of  a
specific class or classes shall not participate in
the purchase. Interest may be allowed at the  rate
and  from  the  date determined by the court to be
equitable, but if the court finds that the refusal
of  the petitioning shareholder to accept an offer
of payment was arbitrary or otherwise not in  good
faith,  no  interest  shall  be allowed. [If] IN A
PROCEEDING UNDER SUBDIVISION (1) OF SUBSECTION (a)
OF  SECTION  33-896,  IF  the court finds that the
petitioning shareholder had probable  grounds  for
relief  under SAID subdivision, [(1) of subsection
(a) of  section  33-896,]  it  may  award  to  the
petitioning   shareholder   reasonable   fees  and
expenses of counsel and of any experts employed by
him.
    (f)  Upon  entry  of an order under subsection
(c) or  (e)  of  this  section,  the  court  shall
dismiss  the  petition to dissolve the corporation
under  section   33-896,   and   the   petitioning
shareholder  shall  no  longer  have any rights or
status as a shareholder of the corporation, except
the right to receive the amounts awarded to him by
the order of the court which shall be  enforceable
in the same manner as any other judgment.
    (g)   The   purchase   ordered   pursuant   to
subsection (e)  of  this  section  shall  be  made
within  ten  days after the date the order becomes
final unless  before  that  time  the  corporation
files  with the court a notice of its intention to
adopt a certificate  of  dissolution  pursuant  to
sections  33-881  and 33-882, which certificate of
dissolution must then be adopted and filed  within
fifty   days   thereafter.  Upon  filing  of  such
certificate of dissolution, the corporation  shall
be  dissolved in accordance with the provisions of
sections 33-884  to  33-887,  inclusive,  and  the
order  entered  pursuant to subsection (e) of this
section shall no longer be of any force or effect,
except  that  the  court may award the petitioning
shareholder  reasonable  fees  and   expenses   in
accordance   with   the  provisions  of  the  last
sentence of subsection (e) of this section and the
petitioner  may  continue  to  pursue  any  claims
previously asserted on behalf of the corporation.
    (h)  Any  payment  by the corporation pursuant
to an order under subsection (c) or  (e)  of  this
section,  other than an award of fees and expenses
pursuant to subsection (e)  of  this  section,  is
subject to the provisions of section 33-687.
    Sec.   119.  Section  33-897  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  Venue  for  a  proceeding  brought by any
party named in section 33-896 lies in the judicial
district  where  a  corporation's principal office
or, if none in this state, its  registered  office
is or was last located.
    (b)  It  is not necessary to make shareholders
parties to a proceeding to dissolve a  corporation
unless relief is sought against them individually.
    (c)   A  court  in  a  proceeding  brought  to
dissolve  a  corporation  may  issue  injunctions,
appoint a receiver or custodian pendente lite with
all powers and  duties  the  court  directs,  take
other  action  required  to preserve the corporate
assets wherever located and carry on the  business
of  the  corporation  until  a full hearing can be
held.
    (d)  Within  ten days of the commencement of a
proceeding under subdivision (1) of subsection (a)
OR  SUBDIVISION  (2)  OF SUBSECTION (b) of section
33-896 to  dissolve  a  corporation  that  has  no
shares listed on a national securities exchange or
regularly traded in a market maintained by one  or
more  members  of  a national securities exchange,
the corporation must  send  to  all  shareholders,
other  than  the petitioner, a notice stating that
the  shareholders  are  entitled  to   avoid   the
dissolution  of  the  corporation  by  electing to
purchase the  petitioner's  shares  under  section
33-900 and accompanied by a copy of said section.
    Sec.  120. Sections 9, 10, 11 and 21 of public
act 98-129 are repealed.
    Sec.  121. This act shall take effect from its
passage, except that sections 12, 14, 97  to  102,
inclusive,  104  and  113 to 117, inclusive, shall
take effect July 1, 1998, and sections 7,  84,  86
to 89, inclusive, 94 to 96, inclusive, 103 and 108
to 111, inclusive, shall take  effect  October  1,
1998.

Approved June 24, 1998