House Bill No. 7001
               House Bill No. 7001

  December Special Session, PUBLIC ACT NO. 98-1


AN   ACT   AUTHORIZING  THE  ISSUANCE  OF  GENERAL
OBLIGATION  BONDS  OF  THE  STATE  TO  FINANCE  AN
OPEN-AIR     STADIUM     PROJECT    AND    RELATED
INFRASTRUCTURE    IMPROVEMENTS    IN     HARTFORD,
CONNECTICUT  AND  A TRAINING FACILITY IN THE STATE
AND THE EXECUTION  OF  AN  AGREEMENT  BETWEEN  THE
STATE AND THE NATIONAL FOOTBALL LEAGUE NEW ENGLAND
PATRIOTS.

    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section 1. (NEW) It is found and declared that
the general welfare,  health and prosperity of the
people  of  the   state  of  Connecticut  will  be
promoted by the  holding  in  its  capital city of
Hartford  of  college  and  professional  football
games, other athletic  contests, public activities
and  entertainment  events;  that  a  stadium  and
related facilities in said area will stimulate the
needed redevelopment of said area as envisioned by
public act 98-179,  as  amended  by  this act, and
will  complement substantial  private  development
activities   in   downtown   Hartford   that   are
contemplated  by  said  public  act;  that  rules,
regulations and rate  schedules  with  respect  to
parking for stadium  facility events are necessary
and in the  public interest for safety, health and
police  purposes;  that   the   economic  benefits
accruing to owners  of parking facilities near the
stadium facility will  be  much  greater  than any
economic burdens imposed  by  the  promulgation of
such rules, regulations  and  rate schedules; that
the acquisition of  property  and  construction of
such  stadium  and  related  facilities  for  such
purposes is for the public welfare and is a public
use for which  the  power of eminent domain may be
exercised and public  land  may be made available;
that the operation  of  the  stadium facility is a
significant  governmental  use  and  function  for
which the exercise of state power may be exercised
and a public purpose for which the borrowing power
of  the  state   may   be   exercised;  and  that,
therefore,  it is  necessary  and  in  the  public
interest and for  the public benefit and good that
the provisions of  this  act  are  declared  as  a
matter of legislative determination.
    Sec. 2. (NEW)  (a) This act shall be known and
may be cited  as  the  "Patriots  Stadium Enabling
Act".
    (b) As used  in  sections  1 to 28, inclusive,
and sections 38 to 41, inclusive, of this act:
    (1) "Affiliate" means,  with  respect  to  any
person, any person  that,  directly  or indirectly
controls, is controlled  by,  or  is  under common
control  with,  such   person.  As  used  in  this
subdivision,  the term  "control",  including  the
terms "controlled by"  and  "under  common control
with",   means   the   possession,   directly   or
indirectly, of the  power  to  direct or cause the
direction of management  and policies of a person,
whether   through   the    ownership   of   voting
securities, by contract, or otherwise.
    (2) "Agreement" means  one  or more agreements
between the state  and  the  team or affiliates of
the team, including  the  relocation and operation
agreement, the development agreement and the lease
agreement, which may be consolidated into a single
relocation and stadium agreement.
    (3)  "Authority"  means   the   Capital   City
Economic Development Authority created pursuant to
sections 1 to 22, inclusive, of public act 98-179,
as amended by this act.
    (4) "Bonds" means  the  bonds authorized to be
issued and sold  by the state pursuant to sections
3 and 4  of  this  act  and,  unless  the  context
requires  a  different   meaning,   shall  include
serial, term or  variable  rate  bonds  and  notes
issued in anticipation  of  the issuance of bonds,
temporary  or  interim   notes   or  notes  issued
pursuant to a commercial paper program.
    (5) "Capital cost"  means  a cost which (A) is
required to be  capitalized and not expensed under
generally accepted accounting  principles,  (B) is
ten thousand dollars  or  more, and (C) relates to
an addition, alteration,  demolition,  improvement
or refurbishing of or to the stadium facility that
has a useful  life,  or  that  increases  the then
useful life of, or future service potential of the
asset in question,  by  at  least  four  years, or
provides  a  replacement   for   such  asset.  For
purposes of subparagraph  (C) of this subdivision,
any series of  additions, alterations, demolition,
improvement or refurbishing  of  or to the stadium
facility  that  under   ordinary   and   customary
business practices would  be  clearly  viewed as a
single project, or  under  ordinary  and customary
business practices would  be  affected by entering
into  a  single  contract  with  a  contractor  or
similar provider, will be treated as a single cost
item.
    (6) "Capital Replacement  Reserve  Fund" means
the fund established by section 14 of this act.
    (7)  "Club seats"  means  the  premium  seats,
within an area  designated  as a club seating area
and associated with  the  stadium  club,  as  more
particularly    described    in     the    minimum
requirements,  and any  additional  premium  seats
added in accordance with the agreement.
    (8) "Component infrastructure"  means the work
of infrastructure improvements  to  be made at the
stadium facility site as part of or in conjunction
with the work  of  the  stadium project, excluding
infrastructure improvements which relate solely to
the NFL pavilion.
    (9) "Construction commencement date" means the
date on which  the  construction commencement date
conditions shall have been satisfied.
    (10)    "Construction    commencement     date
conditions" means the  conditions precedent to the
obligation   of   the    developer   to   commence
construction of the  stadium  facility which shall
have been met,  satisfied,  obtained  or otherwise
progressed  in  accordance  with  the  appropriate
milestone therefor on the project schedule, as and
to the extent  set  forth  in  the  agreement,  as
follows:   Minimum   requirements    approved   as
contemplated by section  9  of this act; allotment
of   the   costs    of   the   site   preparation,
infrastructure   improvements  and   the   stadium
project; availability of the stadium facility site
for the stadium  project;  access  to  the stadium
facility site necessary  for  the  commencement of
work for the  stadium  project;  site preparation;
certain  governmental permits  and  infrastructure
improvements that are  required  for  the  stadium
facility as more  particularly  described  in  the
agreement;  parking  conditions  relating  to  the
dedicated  parking  facilities   and  the  general
parking facilities; and  traffic  study  completed
and  detailing  sufficient   parking   and  proper
traffic flow as contemplated by section 10 of this
act.
    (11)   "Construction   contract"   means   the
agreement between the developer and the contractor
for the construction of the stadium facility.
    (12) "Consumer Price  Index" means the average
price level, 1982-84=100,  for all urban consumers
as published by  the  United  States Department of
Labor, Bureau of Labor Statistics; provided in the
event such consumer  price  index  is  replaced by
another index or ceases to be published, the state
and  the  team   shall   select  another  mutually
acceptable generally applied inflation index to be
used in its place.
    (13) "Contractor" means  a  general contractor
or  construction  manager   experienced   in   the
construction   of  major   sports   stadiums   and
financially able to meet its obligations under the
construction contract, which  shall be selected by
the developer after consultation with the state.
    (14) "Convention center" means the "convention
center project", as defined in section 1 of public
act 98-179, as amended by this act.
    (15) "Costs" means  and  includes all hard and
soft costs relating  to the overall project or, in
context, any aspect  thereof,  including,  but not
limited  to,  preliminary  costs,  costs  of  site
acquisition, costs of issuance, costs of labor and
material  employed  in   the  work  and  costs  of
accounting,  legal, architectural,  environmental,
permitting and engineering services.
    (16)  "Costs  of  issuance"  means  all  costs
related to the  proceedings  under which the bonds
are issued pursuant  to  section  3  of  this  act
including, but not  limited  to, fees and expenses
or other similar  charges  incurred  in connection
with the execution  of  reimbursement  agreements,
remarketing  agreements,  standby   bond  purchase
agreements,   agreements   in    connection   with
obtaining  any  liquidity   facility   or   credit
facility  with  respect   to   the   bonds,  trust
agreements   respecting   disbursement   of   bond
proceeds and any  other  necessary  or appropriate
agreements related to  the  marketing and issuance
of the bonds  and  the  disbursement  of  the bond
proceeds, auditing and  legal  expenses  and fees,
expenses  incurred for  professional  consultants,
financial  advisors  and   fiduciaries,  fees  and
expenses of remarketing  agents  and dealers, fees
and expenses of the underwriters to the extent not
paid from a  discount on the purchase price of the
bonds, and fees  and  expenses of rating agencies,
transfer  or  information  agents,  and  including
costs of the  publication  of  advertisements  and
notices, printers' fees or charges incurred by the
state to comply  with applicable federal and state
securities or tax laws and any other similar costs
of issuance.
    (17)  "Dedicated  parking   facilities"  means
parking facilities, as more particularly described
in the agreement,  for  the  exclusive parking for
luxury  suite and  club  seat  holders  and  other
persons designated by  the  team  on game or event
days, consisting of  (A)  parking areas convenient
and proximate to  the  stadium facility to provide
parking for luxury suite and club seat holders for
a total of  five  thousand  cars,  and (B) parking
areas for one  thousand  cars  within  one-quarter
mile of the stadium facility, which are accessible
from the stadium  facility  to  satisfy additional
parking requirements on game or event days.
    (18)  "Design  professional"   means   a  duly
licensed architect or  engineer experienced in the
design of major  sports  stadiums  retained by the
developer to prepare  plans and specifications and
perform   related   professional    services    in
connection with the stadium project.
    (19)  "Developer"  means   the   team   or  an
affiliate  of  the   team   or   a  joint  venture
consisting of the  team  or  its affiliate and the
contractor.
    (20)   "Development   agreement"   means   the
agreement  by  and   between  the  state  and  the
developer pursuant to  which,  among other things,
the developer shall  be  obligated  to  design and
build the stadium  facility and the state shall be
obligated to design  and  build the infrastructure
improvements, which agreement  may  be included as
part of the agreement.
    (21) "Development fee"  means  net  profit  on
development over and  above the developer's actual
out-of-pocket  costs  relating   to   the  stadium
project.
    (22) "Facilities" means  the stadium facility,
the  infrastructure  improvements,   the  training
facility and the NFL pavilion.
    (23) "Final plans  and  specifications"  means
the  final  plans   and   specifications  for  the
construction of the  stadium  facility which shall
conform  to  the   minimum  requirements  and  are
prepared by the design professional.
    (24)  "Franchise"  means   the   New   England
Patriots NFL franchise,  including  all rights and
interests of the  team and the Patriots granted to
the Patriots by  the NFL pursuant to the NFL rules
and regulations, all  rights  and interests of the
team in, including  all  rights  to  payments  and
distributions  from,  NFL  Properties,  Inc.,  NFL
Enterprises,  Inc., NFL  Enterprises  Partnership,
NFL  Films  and   any   other  present  or  future
NFL-related entity through  which  NFL franchisees
receive, or have  the right to receive, broadcast,
film,  merchandising,  advertising,   Internet  or
other NFL-related revenues  or  benefits  and  all
other NFL membership  rights  of  the team and the
Patriots, and includes the Patriots.
    (25)   "General  parking   facilities"   means
parking  facilities  for   the   use   of  persons
attending  stadium  facility   games   and  events
consisting  of  twenty   thousand  parking  spaces
located  within  approximately  one  mile  of  the
stadium facility, a  minimum  of eight thousand of
which shall be  appropriate  for  tailgating  at a
location or locations  described  in or determined
pursuant  to  the   agreement.   General   parking
facilities shall not include the dedicated parking
facilities.
    (26)  "Governmental  authorities"   means  all
federal,  state  or   local  governmental  bodies,
instrumentalities or agencies  and  all  political
subdivisions    of    the     state,     including
municipalities, taxing, fire  and  water districts
and other governmental units.
    (27) "Governmental permits" means all permits,
authorizations,      registrations,      consents,
approvals, waivers, exceptions, variances, orders,
judgments,    decrees,    licenses,    exemptions,
publications, filings, notices to and declarations
of  or  with,   or   required   by,   governmental
authorities, including those  relating to traffic,
environmental protection, wetlands,  zoning,  site
approval, building and  public  health and safety,
that  are  required   for   the   development  and
operation of any facility.
    (28)  "Guaranteed  maximum  price"  means  the
guaranteed maximum price  as  described in section
11 of this act and as set forth in the agreement.
    (29)   "Infrastructure   improvements"   means
necessary or desirable infrastructure improvements
relating to the  stadium  facility, including, but
not  limited  to,   structures   over   roads  and
highways,    roadway   improvements,    pedestrian
improvements,   landscaped   plaza    and    other
structural work, as more particularly described in
the agreement.
    (30)  "Internal  Revenue   Code"   means   the
Internal Revenue Code  of  1986, or any subsequent
corresponding internal revenue  code of the United
States,  as  from   time   to  time  amended,  and
regulations adopted thereunder.
    (31) "Lease" or  "lease  agreement"  means the
lease by and  between  the  state  and  the lessee
pursuant to which,  among other things, the lessee
will lease the  stadium  facility  and the stadium
facility site in  accordance  with  section  12 of
this act, which  lease  may be included as part of
the agreement.
    (32) "Lessee" means the team or the developer,
or an affiliate of the team or the developer, when
acting as the  lessee  of the stadium facility and
the stadium facility site pursuant to the lease.
    (33) "Luxury suites"  means the private luxury
suites  within  the   stadium  facility,  as  more
particularly    described    in     the    minimum
requirements,  and any  additional  luxury  suites
added in accordance with the agreement.
    (34) "Minimum requirements"  means the minimum
requirements  for  construction   of  the  stadium
facility, as more  particularly  set  forth in the
agreement.
    (35) "NFL" means the National Football League,
or any professional  football  league which is the
successor thereto.
    (36) "NFL pavilion"  means a state-of-the-art,
privately developed Patriots/NFL themed dining and
interactive entertainment facility  and  any other
nonfootball business areas,  as  more particularly
described in the  agreement,  which, when combined
with related team  merchandising facilities, shall
contain at least fifty thousand square feet and be
integrated with the retail elements of the capital
city projects, as  defined  in section 1 of public
act 98-179, as  amended  by  this act, and as more
particularly described in  the  agreement. The NFL
pavilion may be located in whole or in part on the
stadium facility site, but shall not be considered
part of the  stadium facility for purposes of this
act, provided for  purposes  of  this act any base
building   or   structural    elements    of   the
improvements on the  stadium  facility  site  that
would have been  required even if the NFL pavilion
were not located  on  the  stadium  facility  site
shall  be  considered   as  part  of  the  stadium
facility, and not  as  part  of  the NFL pavilion,
notwithstanding that such  elements  may be shared
in common by  the  NFL  pavilion  and  the stadium
facility.
    (37)   "Nonfootball  business   areas"   means
improvements on the stadium facility site used for
commercial  or  retail  purposes  not  principally
related  to football  or  other  stadium  facility
events, as and  to  the  extent  set  forth in the
agreement.
    (38) "Overall project"  means the development,
design and construction  of the facilities and the
acquisition of any real property required therefor
and site preparation.
    (39) "Parking facilities"  means the dedicated
parking  facilities  and   the   general   parking
facilities.
    (40) "Patriots" means the New England Patriots
Football Club operated  by the team and recognized
by the NFL  as  having the right to play NFL games
pursuant to the franchise.
    (41)  "Preliminary  costs"  means  preliminary
costs of the state relating to the overall project
including, but not  limited  to, costs of borings,
surveys, maps, plans  and  environmental  testing,
appraisals, documentation of  estimates  of  costs
and revenue increments  to the state in connection
with  the  overall   project  and  the  permitting
thereof,  including market  and  impact  analysis,
preliminary design costs  and  costs incidental to
investigations, preparation of permit applications
for  which the  state  has  responsibility  or  is
expected   to  have   responsibility   under   the
agreement and the processing of such applications,
and  preparation  and  analysis  of  any  proposed
agreement, lease or  memorandum  of  understanding
with  the  team  or  any  affiliate  of  the  team
including,  but  not  limited  to,  the  fees  and
expenses of professional  management  consultants,
and  financial  and   legal   advisors,   and  the
reimbursement to any  state  agency, department or
public authority or  political  subdivision  which
has advanced funds  for  the  payment  of any such
preliminary costs and,  to the extent provided for
in the agreement,  the  fees  and  expenses of the
design professional and preliminary costs of other
consultants and advisors  retained  by the team or
the developer relating  to the work of the stadium
project.
    (42)  "Preliminary plans  and  specifications"
means the preliminary plans and specifications for
the construction of  the  stadium  facility, which
shall conform to  the  minimum requirements and be
prepared by the design professional.
    (43) "PSL" means  a  license  purchased for an
amount incremental to the regular price for season
tickets for NFL  games and for other events at the
stadium facility and  giving  the holder the right
to purchase season  tickets for NFL games or other
events  at the  stadium  facility  over  a  period
longer than one  year, and includes that which, as
of the date  of  this act, is commonly referred to
as a permanent or preferred seat license, provided
the sale of  club  seats  and luxury suites in the
ordinary course of business shall not be deemed to
constitute the sale of PSLs.
    (44) "Real property"  means land and buildings
and all estate,  interest  or  right  in  land  or
buildings, including land  or  buildings  owned by
any person, the state or any political subdivision
of the state or instrumentality thereof.
    (45)  "Relocation  and   operation  agreement"
means the agreement  by  and between the state and
the team whereby,  among  other  things,  the team
will be obligated to relocate the principal office
of the team  to Hartford, Connecticut and to cause
the team to  play  its  home  games in the stadium
facility, which agreement  may be included as part
of the agreement.
    (46) "Secretary" means  the  Secretary  of the
Office of Policy  and  Management  or  the  deputy
secretary appointed and  designated  as the deputy
to exercise the powers and duties of the secretary
in  the  absence  of  the  secretary  pursuant  to
section 4-8 of the general statutes.
    (47) "Site preparation"  means the removal and
relocation  of  utilities,   including  water  and
sewer,   the  installation   and   connection   of
additional required utilities, the construction of
necessary drainage facilities,  the  demolition of
existing improvements and the removal, containment
or other remediation  of  any  hazardous materials
and the restoration and compacting of soil, all on
the stadium facility site and on other sites where
site preparation is necessary for the construction
and operation of  the stadium facility as provided
for  by this  act  and  by  the  agreement  or  in
connection   with  the   implementation   of   the
infrastructure improvements, as  and to the extent
set forth in the agreement.
    (48) "Stadium club"  means the club facilities
as more particularly described in the agreement.
    (49) "Stadium facility" means an approximately
sixty-eight-thousand-seat     open-air     stadium
facility to be  owned  by the state on the stadium
facility site for the holding of athletic contests
or  events  including,   but   not   limited   to,
professional and college  football games and other
sporting  events,  musical,   dramatic  and  other
artistic, cultural, entertainment, educational and
social events and public activities, together with
associated  year  round,  seasonal  or  occasional
office,   retail,   dining,    recreational    and
entertainment facilities, and equipment, fixtures,
furnishings   and   appurtenances   integral   and
normally associated with  the  construction  of  a
stadium, other than  the  NFL pavilion, including,
but not limited  to,  luxury suites and club seats
all  as  more   particularly   described   in  the
agreement. Stadium facility  does  not mean sports
megaplex as defined  in  section  1  of public act
98-179, as amended by this act.
    (50) "Stadium facility  site"  means  the real
property  located  in   Hartford,  Connecticut  as
referred to in section 15 of this act.
    (51) "Stadium project"  means the development,
design and construction of the stadium facility.
    (52) "Stadium project budget" means the budget
for the stadium  project,  including  all costs of
the stadium project.
    (53) "State" means the state of Connecticut.
    (54)  "State  Bond   Commission"   means   the
commission established pursuant  to subsection (c)
of section 3-20  of  the  general statutes, or any
successor thereto.
    (55) "Targeted completion date" means the date
that  is  the   number   of   months   after   the
construction commencement date as set forth in the
project schedule in  the  agreement and subject to
any revisions, extensions  or  changes as provided
in the agreement.
    (56) "Team" means  the  New  England  Patriots
L.P. or its  successor  in  interest  as owner and
operator of the franchise.
    (57)    "Training    facility"     means     a
state-of-the-art  football training  and  practice
facility, along with  related  facilities,  to  be
located within the  state, for use by the Patriots
for in-season training and off-season workouts, as
more particularly described in the agreement.
    (58) "Training facility  site"  means the site
within the state of the training facility.
    (59) "Treasurer" means  the State Treasurer or
the deputy treasurer appointed pursuant to section
3-12 of the general statutes.
    (60) "Uncontrollable circumstance"  means  any
event   which   renders    impossible,   prevents,
interrupts  or  delays   the   performance  of  an
obligation of a  party  to  the agreement, if such
event is beyond  the  reasonable  control  of such
party and which, by the exercise of due diligence,
such party would  be unable to overcome, including
strikes, lockouts, sit-downs,  material  or  labor
restrictions   by  any   governmental   authority,
shortage   of   material    or    labor,   unusual
transportation delays, riots,  floods, explosions,
earthquakes, fire, unusually  unfavorable weather,
including wet grounds  or  inclement weather which
prevents construction, acts  of  the public enemy,
wars,  insurrections,  the   inability  to  secure
necessary   governmental   permits   or   required
agreements with governmental authorities, provided
such  party  has  acted  with  due  diligence  and
dispatch  to  negotiate   and   enter   into  such
agreements and to  apply  for,  pursue  and secure
such   governmental   permits,    including    the
prosecution or defense  of  any appeals therefrom,
environmental conditions, not  the  result  of any
action  or  omission   of  such  party,  requiring
remediation, changes in  law  or  the  regulations
adopted thereunder or  NFL  rules and regulations,
and the commencement  and  continued  pendency  of
legal proceedings, not brought by any party to the
agreement or any  affiliate  thereof and not based
on any event  or  circumstance which constitutes a
breach  or  default   by   such   party   of   any
obligations,  covenants or  agreements  under  the
agreement  or  which   is   otherwise  within  the
reasonable  control of  such  party,  which  legal
proceedings restrain or  enjoin the performance by
such party of  such  obligation,  or, if adversely
determined,   would   effectively   prohibit   the
development or operation  of the facilities or any
component thereof, as the case may be.
    (61) "Work" means  the provision of any or all
of the work, labor, materials, equipment, services
and   other  items   required   for   design   and
construction of the overall project including, but
not limited to, design, architectural, engineering
and development services,  construction management
services, permits, construction  work  and any and
all other activities  and  services  necessary  to
acquire, design or construct any of the facilities
or improvements.
    Sec. 3. (NEW)  (a) The Treasurer is authorized
to issue bonds of the state, which shall be issued
as "stadium bonds"  pursuant  to and in accordance
with sections 3  to  5, inclusive, of this act, in
one or more  series  and  in principal amounts not
exceeding  in  the  aggregate  two  hundred  fifty
million dollars plus  such  additional amounts, to
account for inflation,  measured  on  the basis of
increases in the  consumer  price  index  of costs
related to an  amount equal to three hundred fifty
million dollars, from  the  effective date of this
act to the targeted completion date, and for costs
of issuance to the extent that premium and accrued
interest on the  bonds  are  not  available to pay
such  costs  of  issuance  as  determined  by  the
Treasurer at the  time  of  issuance, provided, in
computing the total  amount  of bonds which may at
any one time  be outstanding, the principal amount
of any refunding  bonds  issued  to  refund  bonds
shall be excluded.  The  proceeds of the bonds and
each series thereof  shall  be  used  by or at the
direction of the Secretary of the Office of Policy
and Management for the purposes of financing costs
of  the  overall   project,  as  set  forth  in  a
certificate   of  determination   filed   by   the
secretary with the  Treasurer and the secretary of
the State Bond Commission in respect of such costs
of  the  overall   project  as  detailed  in  said
certificate.  Each such  bond  shall  be  entitled
"Stadium Bond (1998  Act)"  and  shall  bear  such
additional or other designation as may be fixed by
the  Treasurer prior  to  issuance.  This  section
shall constitute a  bond act within the meaning of
section 3-20 of  the general statutes, as amended,
and,  upon passage  of  this  act,  the  principal
amount of the bonds authorized in this section for
the overall project  shall  be  deemed  to  be  an
appropriation and allocation  of  such  amount for
the overall project.  Subject  to  approval by the
Governor of allotment  of  such  funds  and to any
authorization for the  overall  project  that  may
otherwise be required  pursuant  to  section  5 of
this act, contracts may be awarded and obligations
incurred with respect  to  the  overall project in
amounts  not  in   the  aggregate  exceeding  such
authorized principal amount,  notwithstanding that
such contracts and obligations may at a particular
time exceed the  amount  of  the proceeds from the
sale of such bonds received by the state or moneys
appropriated for such  contracts  or  obligations.
The Treasurer is  authorized,  in  accordance with
said section 3-20, to issue and deliver the bonds.
The Treasurer shall  exercise  such powers until a
subsequent act, prior  to  exercise of such powers
by the Treasurer,  shall  otherwise  provide. Such
powers shall be  exercised  from  time  to time in
such manner as the Treasurer shall determine to be
in the best interests of the state.
    (b) Such bonds  shall  mature  at such time or
times not exceeding thirty years from the later of
their respective dates  or the targeted completion
date of the  stadium  facility. None of said bonds
shall be offered for sale except upon a finding by
the Treasurer that  there  has been filed with the
Treasurer a request  for such authorization, which
is signed by the secretary stating such terms, and
that any conditions precedent to the sale required
by this act  have  been  met.  The  bonds shall be
general obligations of  the  state  and  the  full
faith and credit  of  the state of Connecticut are
pledged for the  payment  of  the principal of and
interest on such  bonds,  including  temporary  or
interim  notes,  as  the  same  become  due,  and,
accordingly, as part  of the contract of the state
with the holders  of  such bonds, appropriation of
all amounts necessary for punctual payment of such
principal and interest  is  hereby  made including
with respect to  interest  on temporary or interim
notes and principal  thereof  to  the  extent  not
funded with renewals  thereof  or  bonds,  and the
Treasurer shall pay such principal and interest as
the same become due.
    Sec. 4. (NEW)  (a)  All  provisions of section
3-20 of the  general statutes, as amended, and the
exercise of any  right  or  power  granted thereby
which is not  inconsistent  with the provisions of
sections 3 to  5,  inclusive,  of  this  act,  are
hereby  adopted  and  shall  apply  to  all  bonds
authorized pursuant to sections 3 to 5, inclusive,
of this act,  and  temporary  or  interim notes in
anticipation of the  money  to be derived from the
sale of any such bonds so authorized may be issued
in accordance with said section 3-20 and from time
to time renewed,  provided (1) no filings required
by subdivisions (1)  and  (2) of subsection (g) of
said section 3-20  shall be required, (2) that for
purposes of sections  3  to  5, inclusive, of this
act, references in  said  section  3-20 to actions
permitted or required  to  be  taken  by the State
Bond Commission shall  mean  the  actions taken by
the General Assembly in the enactment of this act,
which act shall constitute any and all resolutions
and authorization of  the  State  Bond  Commission
referred to in  said  section  3-20,  and  (3)  no
action  of the  State  Bond  Commission  shall  be
required in connection  with  the  issuance of the
bonds authorized by sections 3 to 5, inclusive, of
this act.
    (b) The Treasurer is authorized to: (1) Issue,
sell and consolidate for sale the bonds with other
bonds  of the  state  authorized  by  a  bond  act
pursuant to said  section  3-20 and issue the same
as  a  single  bond  issue,  provided  a  separate
maturity schedule for  the  bonds authorized under
each bond act  shall be established and filed with
the secretary of  the  State Bond Commission prior
to the delivery  of the bonds; (2) sell such bonds
at  public  sale   on   sealed   proposals  or  by
negotiation, in such  manner,  at  such  price  or
prices, at such  time  or  times and on such terms
and conditions as the Treasurer shall determine to
be in the  best  interests of the state; (3) enter
into  agreements  on  behalf  of  the  state  with
respect to the  issuance  and  sale of said bonds,
including  financial  advisory   agreements,  bond
purchase agreements, secondary  market  disclosure
agreements, tax regulatory  agreements  containing
the provisions set forth in subsection (r) of said
section 3-20 and  agreements  with  respect to the
issuance, sale and  securing  of  such  bonds; (4)
determine the form,  date  or dates, maturities of
serial or term  bonds,  date  and  manner of sale,
interest rate or  rates  and  due  dates  thereof,
including the issuance  of  such  bonds  at  fixed
rates   or  variable   rates,   and   as   capital
appreciation  or  current   interest   bonds,  the
denominations  and  designation   of  such  bonds,
registration, conversion and  transfer privileges,
the terms of  redemption  with or without premium,
and all other  terms  and conditions of such bonds
and  of the  issuance  and  sale  thereof  as  the
Treasurer  shall  determine  to  be  in  the  best
interests of the  state,  provided  the  Treasurer
shall file a certificate of determination with the
secretary  of the  State  Bond  Commission  on  or
before the date  of delivery of such bonds setting
forth the details  and  particulars  of such bonds
determined by the  Treasurer  in  accordance  with
this delegation; (5)  negotiate  a credit facility
from a commercial  bank  or  insurance  company to
further secure payment of principal or interest on
such bonds or  to secure any mandatory or optional
redemption or repurchase  of  such  bonds  by  the
state; (6) enter  into on behalf of the state such
reimbursement agreements, remarketing  agreements,
standby bond purchase  agreements  and  any  other
necessary or appropriate  agreements in connection
with obtaining any  liquidity  facility  or credit
facility  with  respect  to  such  bonds,  and  to
determine the terms  and  conditions  of  any such
agreement and to  pledge the full faith and credit
of the state  to  the  state's payment obligations
under any such  agreement;  and (7) enter into, on
behalf of the  state, such swap or other contracts
with respect to such bonds and any other necessary
or  appropriate  agreements   in  connection  with
obtaining any such  contract,  with such terms and
conditions  and  parties   as  the  Treasurer  may
determine pursuant to  subsection  (c)  of section
3-20a of the  general statutes, as amended, and to
pledge the full  faith  and credit of the state to
the state's payment  obligations  under  any  such
contract.
    (c) Any balance  of  proceeds  of  the sale of
bonds authorized by sections 3 to 5, inclusive, of
this act, in  excess of the aggregate costs of the
overall project shall be used to meet interest and
principal amounts as  the  same become due on said
authorized bonds.
    (d) Net earnings  on  investment  of proceeds,
accrued interest and  premiums  on the issuance of
any of such  bonds  authorized by sections 3 to 5,
inclusive, of this  act, after payment of expenses
incurred by the Treasurer in connection with their
issuance,  if  any,   and  after  compliance  with
applicable federal tax requirements, shall be used
to meet interest and principal amounts as the same
become due on said authorized bonds.
    (e)  After issuance,  all  securities  of  the
state  issued  pursuant   to   sections  3  to  5,
inclusive,  of this  act,  shall  be  conclusively
presumed  to be  fully  and  duly  authorized  and
issued under the  laws of the state. Any person or
governmental  entity  shall   be   estopped   from
questioning their authorization,  sale,  issuance,
execution or delivery by the state.
    (f) For the  purposes  of  sections  3  to  5,
inclusive, of this  act,  "state moneys" means the
proceeds of the  sale of bonds authorized pursuant
to this act,  or  of  temporary  or  interim notes
issued in anticipation of the moneys to be derived
from the sale  of such bonds. Any federal, private
or other moneys then available or thereafter to be
made available for  costs  in  connection with the
overall project as  identified by the secretary of
the State Bond  Commission  may  be  added  to any
state  moneys  available   or  becoming  available
hereunder for the  overall project and be used for
the overall project  as if constituting such state
moneys, and any  other  federal,  private or other
moneys then available  or  thereafter  to  be made
available for costs in connection with the overall
project, if and  to  the  extent from time to time
directed by the  Treasurer, upon receipt shall, in
conformity with applicable  federal and state law,
be used for  the  purposes  for  which  such other
moneys  are  received,   and   otherwise   by  the
Treasurer to meet  the  principal  of  outstanding
bonds issued pursuant  to this act, or to meet the
principal of temporary  or interim notes issued in
anticipation of the  money  to be derived from the
sale of such bonds authorized pursuant to this act
for the purpose of financing such costs, either by
purchase or redemption  and  cancellation  of such
bonds or notes  or by payment thereof at maturity.
Whenever any of  the  federal,  private  or  other
moneys so received  with  respect  to  the overall
project  are  used   to  meet  principal  of  such
temporary or interim  notes  or whenever principal
on any such  temporary or interim notes is retired
by application of  revenue  receipts of the state,
the   amount   of   such   bonds   authorized   in
anticipation of which  such  temporary  or interim
notes were issued,  and  the  aggregate  amount of
bonds which may be authorized pursuant to sections
3 to 5,  inclusive,  of  this  act,  shall each be
reduced by the  amount  of the principal so met or
retired. Pending use  of  the  federal, private or
other moneys so  received to meet the principal as
directed in this  subsection,  the  amount thereof
may be invested  by,  or  at the direction of, the
Treasurer  in  bonds   or   obligations   of,   or
guaranteed by, the  state  or the United States or
agencies  or  instrumentalities   of   the  United
States, or in  accordance  with  the provisions of
said section 3-20,  and shall be deemed to be part
of the debt retirement funds of the state, and net
earnings on such  investments shall be used in the
same manner as said moneys so invested.
    (g) The state  hereby  declares  the  official
intent of the  state  required  pursuant to 26 CFR
1.150-2 with respect  to  the bonds, to the effect
that the state  reasonably  expects  to  reimburse
from  the  proceeds  of  borrowings  any  and  all
expenditures paid from  the  bond fund accounts in
an amount anticipated  not to exceed the amount of
the bond authorization  contained  in section 3 of
this act, provided the secretary and the Treasurer
are  authorized  to   amend  this  declaration  of
official intent on  behalf  of  the  state for the
bonds.
    Sec.  5. (NEW)  (a)  Except  with  respect  to
preliminary costs, the  Treasurer  shall not issue
any of the  bonds  authorized  under  section 3 of
this act, nor  shall  the  state  be authorized to
acquire any portion  of  the stadium facility site
or to incur  any  liability  with  respect  to any
costs  in connection  with  the  overall  project,
until the Secretary  of  the  Office of Policy and
Management files with  the Treasurer a certificate
to the effect  that  the following conditions have
been met:
    (1)  The  agreement,   conforming   with   the
requirement of this  act, shall have been executed
and delivered and  shall be binding obligations of
the developer, the lessee and the team, subject to
uncontrollable circumstances and  contingent  only
upon the performance  by  the state of the state's
obligations under the agreement; and
    (2) The secretary  has  satisfactory  evidence
that  preliminary  approval  of  the  NFL  or  its
members has been  obtained  as necessary to permit
the team to  relocate to Hartford, Connecticut and
to play all  of  their  home  games at the stadium
facility upon completion  of the stadium facility,
in accordance with the agreement.
    (b) Except with  respect  to preliminary costs
and costs incurred  in respect of the construction
commencement date conditions,  the Treasurer shall
not  issue  any  of  the  bonds  authorized  under
section 3 of  this  act  until  the  secretary has
filed a certificate  with  the  Treasurer  to  the
effect that the  following  conditions  have  been
met:
    (1) The secretary  has  satisfactory  evidence
that the fulfilment  of  the  obligations  of  the
team,  the developer  and  the  lessee  under  the
agreement are in  all material respects consistent
with  any and  all  other  legal  restrictions  or
contractual obligations by  which  the  team,  the
lessee or the  developer  may be bound, including,
but not limited  to,  applicable NFL requirements,
or  that indemnification  and  financial  security
therefor by the  team, the lessee or the developer
with respect thereto,  as  applicable, is included
and is sufficient, and that the NFL has recognized
the  legal  obligations  of  the  team  under  the
agreement as valid obligations of the franchise in
a manner acceptable  to  the secretary as provided
in the agreement;
    (2) The developer, the lessee and the team, as
applicable,  have  the  financial  and  managerial
ability to perform  their  respective  obligations
under the agreement  or  have  provided  financial
security therefor, as  and  to the extent provided
in the agreement; and
    (3) The team  shall have executed an agreement
guaranteeing the obligations  of the developer and
the lessee under  the  agreement  to  the  fullest
extent allowed by  the  NFL,  which  guarantee  is
secured by a covenant not to permit a pledge of or
lien on any franchise, revenues, contract or other
rights or assets  related  to  the Patriots, other
than as permitted  by  the NFL and consistent with
such other limitations or provisions as may be set
forth  in  the   agreement.  The  agreement  shall
contain provisions for the obligations of the team
under the agreement to be binding on any successor
owner and operator of the franchise to the fullest
extent allowed by the NFL.
    Sec. 6. (NEW) The agreement shall obligate the
team (1) by  the  actual  completion  date  of the
stadium  facility,  to  move  to,  and  thereafter
maintain the principal  office  of  the  team  in,
state    of   Connecticut    and,    subject    to
uncontrollable   circumstances,   to   cause   the
Patriots to play  all of the Patriots' pre-season,
regular season and  postseason  home  games, other
than  the Super  Bowl,  at  the  stadium  facility
throughout the term  of  the lease, and (2) not to
relocate throughout the  term  of the lease, which
obligation shall be evidenced by a covenant not to
relocate and acquiescence that such covenant shall
be enforceable by  the  state  by  the  remedy  of
specific performance, it  being  hereby determined
and   noticed  that   the   state   would   suffer
irreparable   harm  from   any   breach   of   the
obligations under this  section  for  which  there
would be no  adequate  remedy  at law and monetary
damages would not  adequately compensate the state
for the intangible  and  unique  benefits,  public
welfare, public uses  and public purposes that the
state is achieving  by  exercising  its  power and
borrowing  on  behalf   of  the  overall  project,
including, but not  limited to, those described in
section 1 of  this  act, even though the agreement
shall provide for  specified  liquidated  damages,
calculated upon the  execution  of  the  agreement
based on the  projected  fiscal  benefits  to  the
state of the  team's  performance,  in the stadium
facility for the  full  term  of the lease, in the
event  that  specific   performance   may  not  be
effectuated.
    Sec. 7. (NEW)  Except  as otherwise limited by
sections 1 to  28,  inclusive,  and sections 38 to
41, inclusive, of this act, the secretary may:
    (1) Acquire by  condemnation, purchase, lease,
lease-purchase or otherwise, the real property for
the stadium facility  site  and the infrastructure
improvements;
    (2) Select surveyors,  appraisers,  engineers,
architects and other professionals;
    (3) Lease or  sublease  as lessor or lessee or
sublessor  or  sublessee   any  real  property  in
connection with the overall project;
    (4)  Enter into  the  agreement,  pursuant  to
which agreement the  state may be obligated, among
other  things,  to  (A)  acquire  or  provide  the
stadium facility site  and  the  training facility
site, (B) provide  bond  proceeds  or  other funds
with which to  pay  certain  costs  of the overall
project  provided no  more  than  fifteen  million
dollars  shall  be   allotted   for  the  training
facility, and provided  further no portion of such
proceeds or funds  shall  be  allotted for the NFL
pavilion, (C) plan, undertake or otherwise provide
for the site preparation and the implementation of
the  infrastructure improvements,  including,  but
not limited to,  providing  for  dedicated parking
facilities  and  general   parking  facilities  as
configured in the  agreement  and coordinating the
public and private  facilities currently available
for parking facilities,  provided  no  proceeds of
bonds  for infrastructure  improvements  shall  be
made  available  for   construction   of   parking
facilities   unless   the   other   infrastructure
improvements have been  paid  or reserved for, (D)
guarantee  the receipt  by  the  team  of  certain
revenues per year  in  the event that certain club
seats or luxury  suites  are  not  sold at certain
prices to the extent provided by subsection (b) of
section 12 of  this  act,  and  (E)  provide other
funds with which  to pay capital costs as provided
by section 14 of this act;
    (5)  Grant to  the  team,  the  lessee  or  an
affiliate of the  team  or  cause to be granted to
the team, the  lessee  or  such  affiliate,  for a
nominal sum, leasehold  or  other  interests  with
respect to the  stadium facility site, the stadium
facility, the training facility site, the training
facility and the  NFL  pavilion site, on terms and
conditions  consistent  with   this   act  and  in
consideration  of  the   Patriots   relocating  to
Hartford, Connecticut and  playing  in the stadium
facility for at least the term of the lease;
    (6)  Provide,  construct   and   otherwise  be
responsible for the  site  preparation and for the
implementation of the  infrastructure improvements
and to coordinate such work with other departments
or  agencies  of   the  state,  any  municipality,
political subdivision, quasi-public agency, public
authority or other  public body including, but not
limited to, The  University  of  Connecticut,  the
Metropolitan   District   Commission    and    the
authority,  each  of  which,  notwithstanding  any
provision of the  general statutes, may enter into
a written agreement  with  the  secretary  and, if
necessary,    the   developer    respecting    the
coordination, funding, performance  and completion
of such work;
    (7) Coordinate the work respecting the overall
project with the convention center;
    (8) Make and  execute  any other contracts and
all other instruments  necessary  or convenient or
desirable  for the  exercise  of  the  powers  and
functions  of  the   state   and  may  coordinate,
delegate, implement and complete any or all of the
overall project;
    (9) Delegate to  the  authority  pursuant to a
written      agreement      such       activities,
responsibilities and obligations  of the secretary
as,  in  the   opinion   of   the  secretary,  are
appropriate, necessary or  desirable  in  order to
effectuate the overall  project under this act and
the capital city  projects under sections 1 to 22,
inclusive, of public  act  98-179,  as  amended by
this act;
    (10) Enter into  any agreement with respect to
the  overall  project  or  any  facility  thereof,
provided the state  in  all  events  shall  be and
remain the owner  of  the  stadium facility in the
exercise of a  governmental function complementing
the  substantial  private   investment   and   the
equipment, fixtures, furnishings and appurtenances
purchased as an  integral  part thereof, including
having title in  its  name upon any such purchase,
with the proceeds  of  bonds,  or  moneys from the
Capital Replacement Reserve Fund;
    (11) Accept gifts,  grants  of funds, property
or service for  the  overall project or any aspect
thereof from any  source,  public  or  private and
comply, subject to  the  provisions  of  this act,
with the terms  and  conditions  of  such  gift or
grant;
    (12) To pay  or  to  reimburse  the  Office of
Policy and Management  and  other  affected  state
agencies and political  subdivisions of the state,
for  the  reasonable  direct  and  indirect  costs
related to the  overall project including, without
limitation,   expenses  arising   prior   to   the
effective date of this act; and
    (13) Do any  and all other things necessary or
convenient to carry  out the purposes and exercise
the  powers expressly  granted  pursuant  to  this
section and section 1 of this act.
    Sec. 8. (NEW)  (a)  The  Superior  Court shall
have jurisdiction to  enter  judgment  in favor of
the developer, the  lessee or the team against the
state to enforce  a  final  award limited to money
damages resulting from  an arbitration pursuant to
a proceeding under  the  agreement, limited to the
following: (1) For  payment  under  the  agreement
relating to properly  requisitioned  bond proceeds
for the stadium project and the training facility,
(2) for payment  under  the  agreement of properly
requisitioned moneys from  the Capital Replacement
Reserve Fund, (3)  for  payment  under  the  state
guarantee respecting club seats and luxury suites,
or (4) for  payment of any other claim for payment
of money damages  for  breach  of  a  covenant  or
obligation of the  state  under the agreement. Any
action brought under this section shall be brought
in the superior court for the judicial district of
Hartford.  The  jurisdiction  conferred  upon  the
Superior  Court  by   this  section  includes  any
set-off, claim or  demand on the part of the state
against any plaintiff  commencing  an action under
this section, except  to  the extent that any such
set-off, claim or  demand  was  or could have been
asserted in the arbitration proceeding pursuant to
the  agreement  which   is   the  subject  of  the
plaintiff's action. Such  action shall be tried to
the court without a jury. All legal defenses which
would ordinarily have  been available to a private
party in an  action  for  entry  of judgment based
upon a final  arbitration  award  pursuant  to the
agreement shall be  reserved  to the state. Except
to the extent expressly set forth in this section,
the  defense of  governmental  immunity  shall  be
reserved to the  state.  Any  action brought under
this section shall  be  privileged  in  respect of
assignment for trial upon motion of either party.
    (b)  To  the   extent   that   any   agreement
heretofore or hereafter executed in respect of the
overall project or  performance of duties pursuant
to  any  such   agreement,  including  any  escrow
agreement, provides for  arbitration,  the site of
such arbitration may be in a state other than this
state.
    Sec. 9. (NEW) (a) The developer shall prepare,
with the assistance of the design professional and
in consultation with  the  secretary,  within  the
preliminary costs allotted  for  such  purpose  or
otherwise available, proposed minimum requirements
for the stadium  facility.  The  proposed  minimum
requirements may include,  but are not limited to,
provisions relating to the type of materials to be
used and provisions  for  safety, fire protection,
health and sanitation.  The  developer's  proposed
minimum requirements shall  be  forwarded  to  the
Governor or his designee for approval, disapproval
or modification. The  developer's proposed minimum
requirements  shall be  deemed  adopted,  with  or
without modifications as the case may be, upon (1)
written  approval by  the  Governor,  or  (2)  the
expiration of thirty  days  after  receipt  of the
minimum  requirements  by   the  Governor  without
written  disapproval by  the  Governor,  whichever
occurs first. Subject  to  the  agreement  and the
rights and obligations  of  the respective parties
under  the  agreement,   changes  in  the  minimum
requirements so adopted  may  from time to time be
formulated and proposed,  approved, disapproved or
modified,  in the  same  manner  as  the  original
minimum requirements so long as such modifications
are made prior  to  the  delivery  of  preliminary
plans and specifications  pursuant  to  subsection
(b) of this  section.  The minimum requirements so
adopted shall be  appended to, and form a part of,
the  agreement.  If   the   minimum   requirements
proposed by the  developer  are  modified  by  the
Governor, the developer  shall  determine  in good
faith whether such  modifications  are  acceptable
and  shall accept  or  reject  such  modifications
within thirty days.  The  developer  shall  not be
required  to  commence   construction  until  such
modifications are acceptable.
    (b) Pursuant to  the agreement, the developer,
in consultation with the secretary, shall cause to
be   prepared   the    preliminary    plans    and
specifications   and   the    final    plans   and
specifications. All such  plans and specifications
shall be consistent  with the minimum requirements
of subsection (a)  of this section. Subject to the
terms of the  agreement,  the  developer  may from
time to time modify, or authorize the modification
of, such plans  and  specifications,  provided (1)
the plans and specifications as so modified comply
with the minimum  requirements adopted pursuant to
subsection (a) of  this  section  and in effect at
the  time  of  such  modification,  and  (2)  such
modification shall be  made in accordance with the
agreement.
    Sec.  10.  (NEW)   (a)   The  Commissioner  of
Transportation  shall  conduct   and  complete  an
investigation  and  study   of  the  publicly  and
privately owned or operated, public and commercial
parking facilities and the state and local highway
and street systems  currently  existing  within  a
radius of one  mile  of the stadium facility site.
Such study shall  evaluate  the  adequacy  of  the
facilities  and  systems,   and   shall  recommend
measures for the  safe passage to and from stadium
facility  events  with   the   minimal  amount  of
disruptive  traffic patterns  that  is  reasonably
feasible.  The  Commissioner   of   Transportation
shall,  after  consultation   with  local  traffic
authorities, adopt regulations  in accordance with
the  provisions  of  chapter  54  of  the  general
statutes as may be necessary or desirable.
    (b) The Commissioner  of  Consumer  Protection
shall adopt regulations in accordance with chapter
54 of the  general statutes as may be necessary or
desirable to preclude  excessive  pricing  at  the
public and commercial  parking  facilities located
within the one mile radius of the stadium facility
site.   Such  regulations   shall   include   rate
schedules  in  connection   with  stadium  events,
including,  but  not  limited  to,  Patriots  home
games;  provided such  rate  schedules  shall  not
require  daily  pricing   below  or  permit  daily
pricing above, the  average  daily rate applicable
in the central  business  district of Hartford for
weekday  parking  during   the  immediately  prior
calendar year. Upon  a finding by the commissioner
that a person  has  violated any of the provisions
of  this subsection  or  the  regulations  adopted
thereunder the commissioner  may  issue  a warning
citation or may impose a civil penalty of not more
than one hundred dollars for the first offense and
not  more  than  five  hundred  dollars  for  each
subsequent offense. Each  violation  on any single
day shall be deemed a single offense.
    (c) The secretary, acting in consultation with
the developer, shall  commission an infrastructure
improvement  study  to   determine   the   easiest
practical  ingress and  egress  to  and  from  the
stadium facility site  for  full  capacity stadium
facility crowds, with  a  goal  of  achieving full
crowd ingress and  egress  within  a period of one
hour or less.  Such study shall determine the best
usage of existing  bond  authorizations  and other
federal, state and  municipal  funds  allotted for
such purpose or otherwise available to achieve the
goal of the study. The cost of such study shall be
considered a preliminary  cost  and included as an
infrastructure improvement cost.
    Sec. 11. (NEW)  (a)  The  scope of work of the
developer shall be  identified  in  the agreement.
The team may  retain,  after consultation with the
secretary, or arrange  a  joint  venture  with,  a
person  having  the   requisite   experience   and
capability to perform such scope of work, in which
event the agreement  may  authorize  a  reasonable
construction management fee  for  such person, but
not for the team or any affiliate of the team, and
in no event  shall  the  agreement  authorize  any
other development fee.
    (b)  The  agreement  shall  provide  that  the
developer shall construct and complete the stadium
facility in accordance  with  the  agreement,  not
later  than  the   targeted   completion  date  as
specified in the  agreement  and  at a cost to the
state not exceeding  the  guaranteed maximum price
of  two  hundred   eighty  million  dollars.  Such
guaranteed  maximum  price   shall   include   any
contingency  amount  to  be  available  under  the
agreement to the developer for additional costs of
the stadium project  that  may  arise  during  the
course of construction.  The agreement may include
provisions providing an incentive to the developer
to avoid the  use  of such contingency amount. The
agreement  may provide  for  an  increase  in  the
amount of the  guaranteed  maximum price resulting
from state action,  consisting  of  a delay in the
acquisition of the stadium facility site, delay in
the performance of  site  preparation,  change  in
state  law  or   regulations   subsequent  to  the
execution of the  agreement,  increase in costs or
delay    in   performance    respecting    permit,
environmental     matters    or     infrastructure
improvements undertaken as  a  state obligation in
the agreement, change orders of the state, failure
by  the state  either  to  make  payments  to  the
developer or to  give  approvals  within  the time
specified, or delay  in meeting other construction
commencement date conditions, in each case subject
to the terms  and conditions of the agreement. The
agreement may provide  for a construction contract
that includes component  infrastructure work to be
paid by the state at a separate maximum price.
    (c)  Notwithstanding  any   provision  of  the
general statutes applicable to a state facility, a
state public works  project  or  public  building,
including, but not  limited  to, those sections of
titles 4a and  4b  of  the general statutes either
relating or pertaining  to public procurement, the
developer,    the    contractor,     the    design
professional, the secretary  or the lessee, or any
subcontractor of the  developer,  the  contractor,
the  design professional,  the  secretary  or  the
lessee, may enter  into  any contract with respect
to the overall project and the operation of any of
the facilities on a negotiated basis, provided the
developer  shall  invite   not   less  than  three
qualified  construction contractors  with  current
NFL  stadium  construction  experience  to  submit
proposals for construction of the stadium facility
and the NFL  pavilion. The contractor shall either
comply with the prevailing wage laws or enter into
a project labor  agreement.  The developer and the
lessee  shall  make  reasonable  efforts  to  hire
available and qualified  residents  of the city of
Hartford and available  and  qualified  members of
minorities as defined  in  section  32-9n  of  the
general statutes for  construction  and  operation
jobs at the  stadium facility at all levels of the
construction   and  operation,   as   more   fully
described in the agreement.
    (d) The agreement  shall  contain  a clause to
the effect that  the  obligation  of  the state to
finance the costs  of the overall project shall be
deemed  executory except  to  the  extent  of  the
proceeds of the  bonds and any moneys allotted for
such purpose.
    (e)  The developer  shall  include  with  each
requisition submitted for  payment  on  account of
any contract for  the  stadium project or training
facility  awarded  by  or  for  the  developer,  a
certification stating that the bills and estimates
presented with such  requisition constitute proper
charges  of  the   stadium   project  or  training
facility, as applicable,  and  the persons to whom
such  payments  are  to  be  made,  provided  such
amounts shall not  be  paid directly or indirectly
to  the  developer   or   any   affiliate  of  the
developer, except as  may  be expressly authorized
by   the  agreement   with   respect   to   actual
out-of-pocket expenditures and  by  subsection (a)
of this section.  The  secretary  shall notify the
Comptroller of the  amounts  to  be  paid  to  the
developer on account of such requisitions from the
moneys  allotted  for   such   purpose   and   the
Comptroller shall draw  orders on the Treasurer in
the amount thereof for payment to the developer.
    (f)  The  developer  shall  require,  for  the
protection of the  state  and  the developer, such
deposits, bonds and  security  in  connection with
the awarding of  construction  contracts  and  the
performance of work on the stadium facility as the
developer shall determine  to  be  appropriate, in
consultation with the secretary.
    (g) In the  event  that  the  developer fails,
subject to extension as a result of uncontrollable
circumstances  or  state  action  referred  to  in
subsection (b) of  this  section,  to  commence to
construct the stadium  facility  within the number
of  days  required  by  the  agreement  after  the
construction  commencement  date  conditions  have
been  met,  the  agreement  shall  be  subject  to
termination by the  secretary  and  the  developer
shall be required  to  pay damages to the state on
such terms and conditions as shall be set forth in
the agreement.
    (h) In the  event  that the developer fails to
complete the construction  of the stadium facility
by  the  targeted   completion  date,  subject  to
extension  as  a   result  of  any  uncontrollable
circumstances or any  state action as described in
subsection  (b) of  this  section,  the  developer
shall  be  required   to   pay  damages  for  such
inexcusable delays to  the  state  on  such  other
terms and conditions  as shall be set forth in the
agreement.
    Sec. 12. (NEW)  (a)  The  lease  shall include
provisions substantially similar, but not limited,
to the following:
    (1) The term  of  the  lease shall commence no
later than the  date  on which the stadium project
shall  be  substantially   completed   and   shall
continue until the  later  of  thirty  years after
such  date or  the  date  of  the  Patriots'  last
regular  season  and   postseason   game   in  the
thirtieth   full   NFL   season   following   such
commencement date, subject  to subparagraph (A) or
(B) of subdivision  (3)  of  this  subsection,  as
applicable, to earlier  termination as provided in
this section and  to such extension options as may
be set forth  in the lease, provided the agreement
may provide for  the  developer  to have access to
the stadium facility  site  from  the  date of the
agreement  and until  completion  of  the  stadium
project;
    (2) The lessee  shall  cause  the  Patriots to
play all of  their  preseason,  regular season and
postseason home games,  except for the Super Bowl,
at the stadium facility throughout the term of the
lease, subject to uncontrollable circumstances;
    (3)  (A)  The   lessee  shall  enter  into  an
agreement  with  The   University  of  Connecticut
pursuant to which  the  university's football team
shall have the  right  to use the stadium facility
on  terms  and   conditions  satisfactory  to  the
university,  the  lessee,   the   team,   and  the
secretary; or
    (B)  The  lease   shall   include   provisions
reserving the right of and permitting the state to
directly  lease  the   stadium   facility  to  The
University of Connecticut  and  to  state agencies
for specified uses and right to revenues from time
to time on  terms  and  conditions satisfactory to
the  university, the  lessee,  the  team  and  the
secretary;
    (4) Subject to the state's payment obligations
under section 14 of this act, the lease shall be a
"net" lease requiring  the  lessee  to perform all
marketing,   management,   maintenance,    repair,
capital replacement and  other  functions relating
to the operation of the stadium facility, provided
the state may  be  required  to  procure insurance
with respect to the leased premises;
    (5) In consideration  of the relocation of the
Patriots to Connecticut and the provisions of this
section, the lessee  shall  pay nominal net annual
rent of one  dollar  to  the state for the stadium
facility site and stadium facility;
    (6) Subject to  the  provisions of subdivision
(3) of this  subsection  relating  to  the  direct
lease of the  stadium  facility on certain days to
The  University  of   Connecticut   and   to   any
additional limitations that  may  be  set forth in
the lease, the lessee shall have the exclusive use
of the stadium  facility  during  the  term of the
lease and be  entitled  to  all  revenues from the
operation of the  stadium facility, including, but
not limited to, the right to enter into and retain
all   revenues   from    concession    agreements,
management  agreements,  advertising  arrangements
and other similar  agreements, and to other rights
and  revenues in  respect  of  the  operation  and
management  of  or   otherwise  derived  from  the
stadium facility and  the  stadium  facility site,
including, but not  limited  to, the naming of the
stadium facility;
    (7) The lease  shall  include other provisions
or   covenants   respecting   adherence   to   the
requirements  of  the  internal  revenue  code  to
assure the exemption  of  interest  on  the  bonds
issued for the overall project; and
    (8) The procedures for review by the secretary
of the name  selected  by the team for the stadium
facility shall be  more  particularly set forth in
the agreement.
    (b) The agreement  shall contain provisions to
the following effect:
    (1) For purposes  of this subsection, the club
seats shall be considered to have an average value
of four thousand  dollars  per year and the luxury
suites to have  an  average  value  of one hundred
thousand dollars per  year, each such figure to be
subject to price  adjustment  as  provided  below.
Beginning with the  first  NFL season in which the
team plays at  the  stadium  facility and for each
subsequent NFL season  throughout  the term of the
lease, the state  will  guarantee,  subject to the
limitations and on  the  terms  set  forth in this
section, effectively the  sale  of  four  thousand
club seats each  NFL  season  based  on an average
value of four thousand dollars each at the rate of
fifty per cent  of each dollar, and the sale of up
to the last  one  hundred  luxury  suites each NFL
season based on  an  average  value of one hundred
thousand dollars each  at  the  rate  of fifty per
cent on each dollar, each assumed average value to
be adjusted annually  to  reflect  any  percentage
increase in the  average  NFL  list price per head
for such seats  and suites, including premiums and
related ticket prices, as determined pursuant to a
report prepared by a nationally recognized firm of
accountants chosen by  the team after consultation
with the state.  Such  annual adjustment shall not
take into account  any  NFL stadium which has been
in operation for  less  than  twelve months at the
time of the  adjustment.  Such  average value of a
club seat, initially  four  thousand  dollars  and
thereafter   adjusted   as    provided   in   this
subdivision, is referred  to  as  the  "club  seat
target price", and  such average value of a luxury
suite, initially one  hundred thousand dollars and
thereafter   adjusted   as    provided   in   this
subdivision, is referred  to  as the "luxury suite
target price";
    (2) The computation  of the required amount of
the guarantee payment  for  each  such NFL season,
the  "guarantee payment",  shall  be  effected  as
follows:
    (A) Club Seats:  (i)  Multiply  the  club seat
target price, initially,  four thousand dollars as
aforesaid, by six  thousand;  (ii) from the dollar
product   computed   in    subparagraph    (A)(i),
initially, twenty-four million  dollars,  subtract
the total revenues  to  the  team  from  club seat
sales,  including  premiums   and  related  ticket
prices, for that NFL season; (iii) the state shall
pay to the  team  an  amount equal to thirty-three
and one-third per  cent  of  the dollar difference
computed in subparagraph (A)(ii);
    (B) Luxury Suites:  (i) Order all luxury suite
sales from one  to  one hundred fifty based on the
highest to lowest  total  revenues attributable to
each  such  luxury  suite  for  that  NFL  season,
assigning zero dollars  to  each  luxury suite for
which there was no such revenue; (ii) disregarding
the total revenues from the ten luxury suites sold
for the highest prices that NFL season, start with
the eleventh such  luxury  suite  and  continue in
order to and  including  the  fiftieth such luxury
suite,  all such  luxury  suites  from  eleven  to
fifty, inclusive, are referred to as the "credited
luxury suites"; (iii)  compute the excess, if any,
of (I) the  total  revenues to the team from sales
of the credited  luxury suites, including premiums
and related ticket  prices,  for  that  NFL season
over (II) the  amount that is the product of forty
times the luxury  suite  target price. Such excess
or  a proportionate  part  thereof  determined  in
accordance with the  agreement  is  referred to as
the   "state  credit";   (iv)   start   with   the
fifty-first  such luxury  suite  and  continue  in
order to and  including the last guaranteed luxury
suite, all such luxury suites from the fifty-first
to the last  guaranteed  luxury  suite, inclusive,
are referred to  as  the  "state guaranteed luxury
suites", such number  of  state  guaranteed luxury
suites in no event to be less than seventy-five or
greater than one hundred; (v) determine the amount
equal to fifty  per cent of the excess, if any, of
(I) the product  of the number of state guaranteed
luxury suites times the luxury suite target price,
over (II) the  total revenues to the team from the
sales of state guaranteed luxury suites, including
premium and related  ticket  prices,  for that NFL
season; (vi) the  state  will  pay to the team the
amount determined pursuant  to subparagraph (B)(v)
reduced by the  state  credit in a manner provided
by the agreement;
    (3) For purposes  of this subsection, the term
"last guaranteed luxury suite" means the number on
the ordered list which represents the total number
of luxury suites  presold  and  committed prior to
the first regular  season  home game played by the
team at the  stadium  facility, which number shall
for this purpose  in  no  event  be  less than one
hundred  twenty-five  or  more  than  one  hundred
fifty; provided for  purposes of the count of such
number  of  luxury   suites,   over   one  hundred
twenty-five  presold  and  committed,  only  those
luxury suites sold  (A)  with marketing practices,
for  periods  of  time  and  on  other  terms  and
conditions not including the sales prices thereof,
that  are  not  inconsistent  with  the  marketing
practices, periods of  time  and  other  terms and
conditions applicable to  the  first  one  hundred
twenty-five luxury suites,  and  (B)  for at least
the  minimum  required  price  set  forth  in  the
agreement shall be counted;
    (4)  The  team   shall   be  required  to  use
commercially  reasonable  efforts  to  market  and
lease to one  hundred  per cent occupancy the club
seats and luxury  suites, provided any practice of
pricing club seats  or  luxury  suites  below  the
applicable target price  of  each  shall be at the
discretion  of  the   team.  The  state  shall  be
entitled to deduct from each guarantee payment and
retain an amount  equal to the taxes under chapter
225 of the  general  statutes that would have been
payable had the  guarantee  payment  instead  been
paid by third  parties  for  club  seat and luxury
suite admissions;
    (5) In determining the number of luxury suites
which constitute the  first  ten  luxury suites or
which constitute state  guaranteed  luxury suites,
if  any  such   luxury   suite   is   dramatically
disproportionately large or  small  as compared to
the  average luxury  suite,  the  status  of  such
luxury suite as a multiple or partial luxury suite
shall be determined  by  the state and the team in
accordance  with  procedures   set  forth  in  the
agreement;
    (6)  The agreement  shall  include  provisions
dealing  with bundled  sales  of  club  seats  and
luxury suites; barter  or  exchange  of club seats
and luxury suites;  use  of  club seats and luxury
suites by the team and its affiliates; adjustments
in the event  that the use or number of club seats
or luxury suites is limited or curtailed or in the
event of general  interruptions  in  NFL play; and
the allocation and valuation of multiple-year club
seat and luxury suite sales;
    (7) The team  shall  not sell any club seat or
any luxury suite  below  minimum prices determined
pursuant to the  agreement,  provided such minimum
prices shall in  no  event  be less than fifty per
cent of the  club seat target price and the luxury
suite  target  price,   respectively,  unless  the
secretary determines that lower minimum prices are
in the best interest of the state;
    (8) The secretary  may,  in  consultation with
the Insurance Purchasing  Board,  obtain insurance
to cover, in  whole  or  in  part, the risk to the
state of the obligations imposed by this section;
    (9)  The payments  required  by  this  section
shall be calculated  after  the  end  of  the then
applicable NFL season during the term of the lease
and paid on  the  following  July  fifteenth.  The
agreement shall provide that the guarantee may not
be cancelled by  the  state  during  the first ten
years  of the  lease  term.  From  and  after  the
seventh anniversary of  the  commencement  of  the
lease term, the  agreement  may  provide  that the
state may cancel the guarantee by giving the owner
three years' prior written notice of the effective
date  of  such  cancellation.  The  agreement  may
provide that if  the  guarantee is so cancelled by
the state the  team  may, at its option, terminate
the agreement. Cancellation  by  the  state of the
agreement under this  section  shall  be evidenced
only by the  passage of an act of the legislature,
and if so evidenced, shall be irrevocable;
    (10) The full faith and credit of the state is
hereby pledged to  guarantee the payments provided
for in this  subsection, which payments are hereby
deemed appropriated from  the  General Fund on the
July first following  the  adjournment date of the
regular session of  the  General  Assembly  in the
amount certified by  the  secretary  to  the State
Treasurer as sufficient  to  fund  such  payments.
Such amount shall be allotted and paid to the team
and, accordingly, the  secretary  shall  pay  such
amounts in accordance  with  the provisions of the
agreement;
    (11) The agreement  shall  provide  that there
shall be no  increase  in  the  number  of premium
seats contemplated by  the  agreement  without the
consent  of the  secretary.  The  agreement  shall
provide   that   such   consent   shall   not   be
unreasonably withheld, but  such  consent  may  be
conditioned  on an  equitable  adjustment  of  the
guarantees provided for in this subsection;
    (12) The agreement  shall  permit the state to
access  the  luxury  suites  or  club  seats  with
respect  to which  the  state  makes  payments  as
provided in this subsection, subject to such terms
and  conditions  as   may  be  set  forth  in  the
agreement;
    (13) In the  event  that the state is required
to make payments  with  respect  to the guarantees
provided for in  this  subsection,  the  agreement
shall    contain   provisions    respecting    the
circumstances in which  the  state  will  have the
option to designate  an  independent consultant to
review, or manage,  the  marketing  of  the luxury
suites and club  seats,  subject to such terms and
conditions as may be set forth in the agreement;
    (14) The agreement shall provide that there is
an exclusive dealing  arrangement between the team
and state for the term of the lease, provided that
the state or  team  can  discuss arrangements with
other teams or  municipalities, respectively, that
would become effective  only  upon the termination
or expiration of the lease term; and
    (15) The agreement  shall  provide  that there
will be no  change in the controlling ownership of
the franchise or  of  controlling  interest in the
team by voluntary sale, assignment or transfer for
the period prior  to  the  end  of  the  first NFL
season in which  all  home games are played at the
stadium  facility or  the  end  of  the  2002  NFL
season,  whichever  is  sooner.  This  restriction
shall not apply  to  any change in the controlling
ownership  of  the  franchise  or  of  controlling
interest in the  team  resulting from or following
death,  incapacity  or   other  involuntary  sale,
assignment or transfer.
    (c) The agreement  shall  not  be  subject  to
termination by the  team  or  any affiliate of the
team except by  the  reason  of:  (1) A continuing
failure by the  state, after notice, resolution of
any dispute and opportunity to cure as provided in
the  agreement,  to   satisfy   the   construction
commencement  date  conditions   within  the  time
provided   in  the   agreement;   (2)   commercial
impossibility,  as  defined   in   the  agreement,
asserted by written  notice  to  the secretary and
the Governor on  a date prior to the filing of the
certificate  with  the   Treasurer   pursuant   to
subsection (b) of  section  5  of  this act; (3) a
continuing default by  the  state,  after  notice,
resolution of any dispute and opportunity to cure,
as provided in  the agreement, with respect to the
state's obligations relating to (A) subject to the
provisions  hereof respecting  the  allotment  and
guaranteed maximum price,  the funding of costs of
the overall project,  (B)  the  guarantee provided
for in subsection  (b)  of  this  section, (C) the
Capital Replacement Reserve  Fund,  or (D) payment
of any judgment  entered  upon a final arbitration
award pursuant to  the agreement; or (4) damage or
destruction to the  stadium facility necessitating
restoration,  the  cost   of  which  shall  exceed
available insurance proceeds  and  any other funds
made available by  the state for such restoration,
as more particularly  described  in the agreement.
The agreement may  require the state to deposit in
escrow any disputed  amount  with  respect  to the
guarantee provided for  in  subsection (b) of this
section, as a  condition  to  the state's right to
dispute its obligation to pay such amount.
    (d) The sale  of  PSLs  shall not be permitted
prior  to  the  tenth  anniversary  of  the  lease
commencement  date,  and   thereafter   shall   be
permitted only with  the express permission of the
Governor.
    Sec. 13. (NEW)  The  training facility and the
training facility site, if owned by the state, may
be net leased  to  the team, for a term coinciding
with the term of the stadium facility lease, for a
net annual rent  of one dollar. In such event, the
training facility will be for the exclusive use of
the Patriots. The  agreement  shall  obligate  the
developer to design  and  construct  the  training
facility,  on  such  terms  and  subject  to  such
conditions as shall be set forth in the agreement,
at a maximum  cost to the state of fifteen million
dollars, by not  later  than  the first day of the
second full NFL  season in which the team plays in
the stadium facility,  subject  to  extension  for
delays caused by  uncontrollable  circumstances or
as a result of state action.
    Sec.  14.  (NEW)   (a)   There  is  created  a
nonlapsing capital improvement  fund to be held by
the State Treasurer  separate  from,  and  not  be
commingled with, other  funds  of the state, to be
known as the "Capital Replacement Reserve Fund".
    (b) The Commissioner of Revenue Services shall
segregate from the  amounts  received by the state
from the tax  imposed  on admissions under section
12-541 of the general statutes, as amended by this
act, such amounts as are attributable to admission
charges at the  stadium facility, up to the annual
amounts required pursuant to this subsection. Such
segregated amounts shall  be paid to the Treasurer
and credited to  the  Capital  Replacement Reserve
Fund  as  follows:   (1)   Two   million   dollars
commencing with the  June  thirtieth following the
first full season  of  the Patriots playing in the
stadium   facility   and   each   June   thirtieth
thereafter up to  and  including June thirtieth of
the  calendar  year   that   includes   the  tenth
anniversary of the  lease  commencement; (2) three
million five hundred  thousand  dollars commencing
with the June  thirtieth of the calendar year that
includes the eleventh  anniversary  of  the  lease
commencement and each June thirtieth thereafter up
to and including  June  thirtieth  of the calendar
year that includes  the  twentieth  anniversary of
the  lease  commencement;   and  (3)  six  million
dollars  commencing  on   June  thirtieth  of  the
calendar  year  that   includes  the  twenty-first
anniversary of the  lease  commencement  and  each
June thirtieth thereafter up to and including June
thirtieth of the  calendar  year that includes the
thirtieth anniversary of  the  lease commencement.
In the event  that  a  source  of  revenue becomes
available for deposit  to  such  fund,  other than
from proceeds of  insurance,  investment income or
capital contributions as  described  in subsection
(h) of this  section,  the  amounts  required  for
deposit  by  the   state   shall   be  reduced  in
corresponding amounts.
    (c)   If  the   amount   segregated   by   the
commissioner pursuant to  subsection  (b)  of this
section  in any  year  is  less  than  the  amount
required to be  deposited  in  the Capital Reserve
Replacement Fund there  shall  be transferred from
the   General  Fund   to   the   Capital   Reserve
Replacement Fund, no  later than June thirtieth in
each year such  transfer  is  required,  an amount
certified  by  the   secretary  as  equal  to  the
difference between the  amount segregated from the
tax on admissions  by the commissioner pursuant to
subsection (a) of  this  section  and  the  amount
required to be  deposited  in the fund pursuant to
subsection (b) of this section. The full faith and
credit  of the  state  of  Connecticut  is  hereby
pledged to guarantee  the  payment of such amounts
so certified by  the secretary, which payments are
hereby deemed appropriated  from  the General Fund
for deposit to  the  Capital  Replacement  Reserve
Fund.
    (d) The Treasurer  shall  invest the moneys in
such fund in  accordance with section 3-31a of the
general statutes. Net  earnings  on  investment of
the fund shall  be  credited  to the fund but such
earnings shall not  be  considered deposits to the
fund from other  sources  for purposes of reducing
the amounts required  to  be deposited pursuant to
subsection (b) of  this section. The agreement may
provide for filing  with the Treasurer of the date
or dates when  expenditures  from such fund can be
expected and such investments shall mature at such
time or times so as to be available therefor.
    (e)  The moneys  in  the  Capital  Replacement
Reserve Fund shall  be  expended  solely  for  the
payment   of  capital   costs,   pursuant   to   a
requisition   certificate   of    the    secretary
certifying that: (1)  The  disbursement  is  to be
used to pay  or  reimburse  capital  costs without
profit to the team; (2) the amount of such payment
has been verified  by  the  secretary as accurate;
and (3) the  payment  or  reimbursement  for  such
capital costs from the Capital Replacement Reserve
Fund  is required  by  the  agreement.  Each  such
amount shall be  paid  to the person identified by
the secretary in  such  certificate  and the State
Comptroller shall make such payments.
    (f)  The  agreement   shall  provide  for  the
payment  of  capital   costs   from   the  Capital
Replacement Reserve Fund  for capital replacements
that are required  so  as  to maintain the stadium
facility in first  class condition, including work
necessitated     by     construction      defects,
deterioration,   NFL   requirements   related   to
open-air stadiums of similar age and use and other
such requirements to  maintain  its foundation and
structural  integrity.  The   agreement  may  also
provide for the  payment from such fund of capital
costs  for capital  modifications  that  the  team
certifies as enhancing  the  revenue  potential or
economic competitiveness of  the  stadium facility
so long as  amounts thereafter available in, or to
be made available  to,  the fund are sufficient to
pay  such  required   capital   replacements.  The
agreement  shall include  standards  of  care  and
priority   so  as   to   reasonably   assure   the
performance  and  payment   of   required  capital
replacements from the  amounts required to be paid
or deposited into  the  fund  as set forth in this
section.
    (g) Notwithstanding the  foregoing,  funds  in
the Capital Replacement  Reserve Fund shall not be
available for the  payment  of capital costs prior
to  June  thirtieth  of  the  calendar  year  that
includes  the  tenth   anniversary  of  the  lease
commencement, and the lessee shall not at any time
be entitled to  any reimbursement of capital costs
incurred prior to said tenth anniversary.
    (h)  On  and   after  June  thirtieth  of  the
calendar year that  includes the tenth anniversary
of  the  lease   commitment,  and  prior  to  June
thirtieth of the  calendar  year that includes the
twentieth anniversary of  the  lease commencement,
to  the  extent   that   amounts  in  the  Capital
Replacement  Reserve Fund  at  any  time  are  not
sufficient to pay  in  whole  or  a portion of the
capital costs of required capital replacements, as
described in this  section,  the  agreement  shall
require  the  lessee  to  complete  such  required
capital  replacement  using  lessee's  own  funds,
provided  any such  payment  shall  be  deemed  an
advance and shall  be  reimbursed to the lessee in
subsequent years to  the  extent  that  moneys are
available in the Capital Replacement Reserve Fund.
    (i)  On  and   after  June  thirtieth  of  the
calendar   year  that   includes   the   twentieth
anniversary  of the  lease  commencement,  to  the
extent that amounts  in  the  Capital  Replacement
Reserve Fund are not sufficient to pay in whole or
a portion of the capital costs of required capital
replacements, the agreement shall provide that the
lessee and the  state  shall share equally in such
capital costs in  excess  of  amounts available in
the Capital Replacement  Reserve  Fund.  Any  such
payments shall be  deemed to be advances and shall
be reimbursed equally  to  the  lessee  and to the
state  to the  extent  that  in  subsequent  years
moneys are available  in  the  Capital Replacement
Reserve Fund.
    (j) Upon the expiration or earlier termination
of  the  lease,   any   amounts   in  the  Capital
Replacement Reserve Fund  remaining  after payment
or reimbursement of  any capital costs theretofore
properly  incurred shall  be  transferred  to  the
General Fund.
    Sec. 15. (NEW) (a) The Secretary of the Office
of Policy and Management may take all or a portion
of the real  property in the capital city economic
development district as  bounded  and described in
section 1 of public act 98-179, as amended by this
act, in the  town and city of Hartford, for use as
the stadium facility site, to be more particularly
described in the agreement. The secretary may also
take all such real property as may be necessary to
implement  the  infrastructure  improvements.  The
owner or owners  of  such  real  property shall be
paid by the  state  for all damages, and the state
shall receive from  such owner the amount or value
of all benefits,  resulting  from  such  taking or
construction  of  the   stadium  facility  or  the
implementation of the infrastructure improvements.
The  assessment  of   such  damages  and  of  such
benefits shall be  made by the secretary and filed
by the secretary  with  the  clerk of the superior
court for the  judicial district in which the real
property is located.  The assessment shall include
the name and  address  of  each  person  having an
interest of record  in  the  property.  The  clerk
shall  give notice  of  such  assessment  to  each
person  having  an   interest  of  record  in  the
property by mailing  to  each  a copy of the same,
postage prepaid. No entry fee shall be charged for
the filing of  such assessments. At any time after
such assessment has  been  made  by the secretary,
the physical construction  of the stadium facility
may be started.
    (b) If notice  cannot  be  given to any person
entitled to such notice because his whereabouts or
existence  is unknown,  notice  may  be  given  by
publishing a notice  at least twice in a newspaper
published in said  judicial  district and having a
daily or weekly  circulation  in the town and city
of Hartford. Any such published notice shall state
that it is a notice to the last owner of record or
his  surviving  spouse,   heirs,   administrators,
assigns, representatives or  creditors,  if  he is
deceased, and shall contain a brief description of
the property taken.  Notice shall also be given by
mailing to each  such  person  at  his  last-known
address, by registered  or  certified mail, a copy
of such notice. If, after a search of the land and
probate records, the  address  of  any  interested
party cannot be  found,  an affidavit stating such
facts and reciting  the  steps  taken to establish
the address of any such person shall be filed with
the clerk of  the  superior  court and accepted in
lieu of service of such notice by mailing the same
to the last-known address of such person.
    (c) Upon filing  an  assessment with the clerk
of  the  superior   court,   the  secretary  shall
forthwith sign and  file  for record with the town
clerk  of  the   town  and  city  of  Hartford,  a
certificate setting forth the fact of such taking,
a description of  the  real  property so taken and
the names and  residences  of the owners from whom
it was taken. Upon the filing of such certificate,
title to such  real  property  in fee simple shall
vest in the  state,  except  that,  if  it  is  so
specified in such  certificate,  a  lesser estate,
interest or right  shall  vest  in  the state. The
secretary shall permit the last owner of record of
such  real property  upon  which  a  residence  is
situated to remain  in  such residence, rent free,
for a period  of one hundred twenty days after the
filing of such certificate.
    (d)  The  secretary   may  purchase  any  real
property and take  a  deed  thereof in the name of
the state when  such  real  property is needed, in
the secretary's opinion,  in  connection  with the
construction  of  the   stadium  facility  or  the
implementation of the infrastructure improvements,
provided any purchase  price  for any of such real
property in an  amount  in  excess  of  the sum of
fifteen thousand dollars  shall  be  approved by a
state referee. The  secretary, with the advice and
consent of the  Attorney  General,  may settle and
compromise any claim by any person, claiming to be
aggrieved by such  construction, by the payment of
money  or the  transfer  of  other  real  property
acquired for or  in  connection  with  the stadium
facility.
    (e) The secretary  may  take  or purchase real
property abutting or  near  the  stadium  facility
site or any  infrastructure  improvements  for the
purpose    of    protecting     the     functional
characteristics  of the  stadium  facility  or  to
protect  public  safety   or   to   implement  the
infrastructure   improvements.  Such   taking   or
purchase shall be in the same manner and with like
powers  as  authorized   and   exercised   by  the
secretary in taking  or  purchasing  real property
for the stadium  facility  or  the  infrastructure
improvements.
    (f) As used  in  this section, "public service
facility"  means  all   privately,   publicly   or
cooperatively owned lines,  facilities and systems
for   producing,  transmitting   or   distributing
communications,    cable    television,     power,
electricity,   light,  heat,   gas,   oil,   crude
products, water, steam,  waste,  storm  water  not
connected  with highway  drainage  and  any  other
similar  commodities, including  fire  and  police
signal systems and  street  lighting systems which
directly or indirectly  serve the public. Whenever
the secretary determines  that the construction or
reconstruction  of the  stadium  facility  or  the
infrastructure   improvements   necessitates   the
readjustment or relocation  of  any public service
facility located within,  on, along, over or under
any land comprising  the  right-of-way  of a state
highway or any  other  public  highway  within, or
removal of any  such  public service facility from
such right-of-way, the  secretary  shall  issue an
appropriate order to  the  company, corporation or
municipality owning or  operating  such  facility,
and  such  company,  corporation  or  municipality
shall  readjust,  relocate   or  remove  the  same
promptly in accordance  with  such order; provided
an  equitable  share   of   the   cost   of   such
readjustment, relocation or removal, including the
cost of installing  and constructing a facility of
equal capacity in  a  new location, shall be borne
by the state. Such equitable share, in the case of
or  in  connection   with   the   construction  or
reconstruction  of the  stadium  facility  or  the
infrastructure improvements, shall  be  the entire
cost, less the  deductions  as  provided  in  this
subsection. In establishing the equitable share of
the cost to  be borne by the state, there shall be
deducted  from  the   cost   of   the  readjusted,
relocated or removed  public  service facilities a
sum based on  a  consideration  of  the  value  of
materials  salvaged from  existing  installations,
the cost of  the  original  installation, the life
expectancy of the original public service facility
and the unexpired  term of such life use. When any
public  service  facility   is  removed  from  the
right-of-way of a  public  highway  to  a  private
right-of-way, the state  shall  not  pay  for such
private    right-of-way,    provided,    when    a
municipally-owned public service  facility is thus
removed  from  a  municipally-owned  highway,  the
state  shall  pay  for  the  private  right-of-way
needed by the municipality for such relocation. If
the  secretary and  the  company,  corporation  or
municipality  owning  or   operating  such  public
service facility cannot  agree  upon  the share of
the cost to  be  borne  by  the  state, either may
apply  to the  superior  court  for  the  judicial
district within which  such  facility  is situated
for a determination of the cost to be borne by the
state, and said court or such judge, after causing
notice of the  pendency  of such application to be
given to the  other  party,  shall appoint a trial
referee to make  such  determination.  Such  trial
referee, having given at least ten days' notice to
the parties interested  of  the  time and place of
the hearing, shall  hear  both parties, shall view
such facility, shall  take  such testimony as such
trial referee deems  material  and shall thereupon
determine the amount  of  the  cost to be borne by
the state. Such  determination  shall,  subject to
right of appeal as in civil actions, be conclusive
upon both parties.
    (g)  Notwithstanding  any  provisions  of  the
general  statutes, when  the  secretary  finds  it
necessary that real  property,  the title to which
is in the  state  or  any  municipality, political
subdivision,    public    authority,     district,
quasi-public agency or  other  governmental entity
and which is  under the custody and control of any
state  department,  commission   or   institution,
municipality,   political   subdivision,    public
authority, district, quasi-public  agency or other
governmental entity, be  taken  for the purpose of
constructing the stadium  facility or implementing
the  infrastructure  improvements,  the  secretary
shall present a  petition to such an entity having
custody and control  of  such  real  property that
custody of the real property be transferred to the
secretary  and  such  entity  shall  transfer  the
custody and control  of  such real property to the
secretary for the purposes required.
    (h) The secretary  or his agent may enter upon
private  real  property   for   the   purpose   of
conducting  surveys, inspections,  appraisals,  or
environmental  and geological  investigations  for
the  location  or   construction  of  the  stadium
facility,  or  the   infrastructure  improvements.
After  giving  reasonable   notice   to  the  real
property owner or  owners  affected, the secretary
or his agent  may also enter such property for the
purpose of performing  borings, soundings or other
tests required to  accomplish any of the foregoing
objectives with respect to the stadium facility or
the infrastructure improvements.  The secretary or
his agent shall  use  care  so that no unnecessary
damage  shall  result  and  the  state  shall  pay
damages to the  owner of any real property for any
damage or injury  he  causes  such  owner  by such
entrance and use.  If  entry  to any real property
for the purpose  of  performing borings, soundings
or other tests  is refused to the secretary or his
agent after he  has given reasonable notice to the
owner  or  owners  thereof,  the  secretary  shall
assess damages in  the  manner  provided  by  this
section and, at any time after such assessment has
been  made  by  said  secretary,  may  enter  said
property for the  purpose  of  performing borings,
soundings or other  tests.  If  the  real property
owner accepts such  assessment  of  damages,  such
owner shall notify  the  secretary in writing, and
said secretary shall  pay  such  sum  to said real
property owner within  thirty  days  or, after the
expiration of said thirty days, shall pay such sum
with  interest  at  six  per  cent.  If  the  real
property owner is  aggrieved  by  such  assessment
such owner shall  notify  the secretary in writing
and  may  appeal   to   any   court   within   its
jurisdiction for a  reassessment  of  such damages
within six months  from  the  date  said secretary
forwarded  such assessment  to  such  owner.  This
section shall not  limit or modify rights of entry
upon  property  otherwise   provided  for  by  the
general statutes.
    Sec. 16. (NEW) After the assessment of damages
and benefits provided  for  in  subsections (a) to
(c), inclusive, of  section  15  of  this act, has
been filed with  the  clerk of the superior court,
the property owner  affected  may  file  with said
clerk his written  acceptance  thereof. Said clerk
shall thereupon notify  the  State Comptroller and
the  Secretary  of   the   Office  of  Policy  and
Management of such acceptance. If the amount to be
paid by the  state  for  such real property, after
deducting any benefits  which  have been assessed,
does not exceed  fifteen  thousand  dollars,  said
clerk  shall  send   a   certified   copy  of  the
assessment  and  the  acceptance  thereof  to  the
secretary and the Comptroller, and the Comptroller
shall, upon receipt thereof, draw his order on the
State Treasurer in  favor  of  such property owner
for the amount  due  him under such assessment. If
the amount of such assessment, after deducting any
such benefits, exceeds  fifteen  thousand dollars,
said clerk shall  not  certify  the  same  to  the
Comptroller until the assessment has been approved
as reasonable in  amount  by  a  trial referee. If
such trial referee  approves  the  assessment, the
clerk shall thereupon send a certified copy of the
assessment and the  acceptance  and  a certificate
that the same  has  been approved to the secretary
and to the Comptroller, and the Comptroller shall,
upon  receipt  thereof,  draw  his  order  on  the
Treasurer in favor  of such property owner for the
amount due him  on  such  assessment. If the trial
referee  does not  approve  such  assessment,  the
clerk shall notify  the  Attorney  General and the
secretary  and the  latter  may  file  an  amended
assessment.
    Sec.  17.  (NEW)   Any   real  property  owner
claiming to be aggrieved by the assessment of such
damages or such  benefits  by the Secretary of the
Office of Policy  and  Management  may,  not later
than six months  after  the  same  has been filed,
apply  to the  superior  court  for  the  judicial
district in which  such  real  property is located
for  a  reassessment   of  such  damages  or  such
benefits so far as the same affect such applicant,
and  said  court,  after  causing  notice  of  the
pendency of such  application  to be given to said
secretary, shall appoint  a  trial referee to make
such  reassessment  of   such   damages   or  such
benefits.  Such trial  referee,  having  given  at
least ten days'  notice  to the parties interested
of the time  and  place of hearing, shall hear the
applicant and said  secretary, shall view the real
property and take  such  testimony  as  the  trial
referee  deems  material   and   shall   thereupon
reassess such damages  and benefits so far as they
affect  the  applicant.   If  the  amount  of  the
reassessment of such  damages  awarded to any such
property  owner  exceeds   the   amount   of   the
assessment of such  damages  by  the secretary for
the real property,  the  trial referee shall award
to the property  owner  such appraisal fees as the
trial referee determines  to  be reasonable. If no
appeal to the  Appellate Court is filed within the
time allowed by  law,  or  if one is filed and the
proceedings have terminated  in  a  final judgment
finding the amount  due  the  real property owner,
the clerk shall  send  a  certified  copy  of  the
assessment of the secretary and of the judgment to
the State Comptroller,  who  shall,  upon  receipt
thereof, draw his  order on the State Treasurer in
favor of the  real  property  owner for the amount
due such owner  as  damages.  The  pendency of any
such  application  for   reassessment   shall  not
prevent or delay  the  construction of the stadium
facility   or   the    implementation    of    the
infrastructure  improvements.  As   used  in  this
section and sections 15 and 16 of this act, "trial
referee" means a  referee  appointed  pursuant  to
subdivision  (1)  or  (2)  of  subsection  (a)  of
section  52-434  of   the   general  statutes,  as
amended, and designated  a  trial referee pursuant
to subsection (b) of said section 52-434.
    Sec. 18. (NEW)  In  any appeal to the Superior
Court taken under  and by virtue of sections 15 to
20, inclusive, of  this  act,  when  the appellant
obtains an award  from the court greater than that
awarded by the  Secretary  of the Office of Policy
and Management, court  costs  shall be awarded the
appellant and taxed  against the state in addition
to the amount fixed by the judgment.
    Sec. 19. (NEW)  (a)  The  amount  of  benefits
assessed by the  Secretary of the Office of Policy
and Management under the provisions of subsections
(a) to (c),  inclusive, of section 15 of this act,
or reassessed by the court shall constitute a lien
upon the real property against which such benefits
were assessed from  the  date  such assessment was
filed with the  clerk  of the superior court until
the amount thereof  has  been paid by the owner of
such real property  to the state, with interest at
four per cent  per  annum,  which  interest  shall
commence to accrue  from the date of the filing of
such  assessment.  No  such  lien  shall  continue
against such real  property  unless  notice of the
same is filed  by  the  secretary in the office of
the town clerk  for the town and city of Hartford,
or with respect  to  infrastructure  improvements,
the town clerk  of  the  municipality in which the
real property is  located, within sixty days after
the  filing  of   such  assessment  or  after  the
acceptance by the court of such reassessment.
    (b)  The  provisions   of   this  section  and
subsections (a) to  (c),  inclusive, of section 15
of this act, and  sections  16 and 17 of this act,
shall not apply in the case of any construction of
the stadium facility  for  which the town and city
of Hartford is  liable  to  pay  to  the owner any
damages or to  receive from the owner any benefits
except  as  provided   in   sections   15  to  20,
inclusive, of this act.
    Sec.  20. (NEW)  When  the  Secretary  of  the
Office of Policy  and  Management  desires to take
property    for   the    stadium    facility    or
infrastructure improvements and  has  entered into
an agreement to  purchase  at  a stipulated amount
any real property with the owner or owners thereof
and the amount  agreed  to  be  paid for such real
property or interest  is  not  paid  within ninety
days from the  date  when  the  owner or owners of
such property file  with the secretary a notice in
writing of acceptance  of such agreement, interest
at four per  cent  per annum shall be paid on such
amount by the  state  unless  the  property  owner
fails  to  furnish   clear   title   within   such
ninety-day period. Such interest shall commence to
accrue  at the  end  of  such  ninety-day  period,
whether or not  an  assessment  has  been filed as
provided in subsection  (a)  of section 15 of this
act. Whenever the  state enters into possession of
real property being condemned prior to the date of
execution  of such  an  agreement,  such  interest
shall commence to  accrue  from the date of actual
taking of possession by the state.
    Sec. 21. (NEW) (a) The following provisions of
the   general  statutes,   including   regulations
adopted thereunder, shall not apply to the stadium
project, the construction of the NFL pavilion, the
site  preparation or  the  implementation  of  the
infrastructure   improvements:   Section    3-14b,
subdivisions (12), (13) and (14) of section 4-166,
sections 4-167 to  4-174,  inclusive, 4-181a, 4a-1
to 4a-59a, inclusive,  4a-63  to 4a-76, inclusive,
title 4b, chapters  97a,  124  and  126,  sections
10-303,  sections 14-311  to  14-314c,  inclusive,
16a-31, 16a-38, 19a-37,  subsection (a) of section
22a-19 and 22a-194g  of the general statutes, and,
except as otherwise provided in this act, sections
1 to 22,  inclusive,  of  public  act  98-179,  as
amended by this  act.  For the purposes of section
22a-12 of the general statutes, construction plans
relating  to  the   stadium   facility,   the  NFL
pavilion,   the   site    preparation    and   the
infrastructure   improvements   shall    not    be
considered  construction  plans   required  to  be
submitted by state  agencies  to  the  Council  on
Environmental    Quality.   Notwithstanding    any
provision of any  special act, charter, ordinance,
home rule ordinance  or  chapter 98 of the general
statutes, no provision of any such act, charter or
ordinance or said  chapter 98 concerning licenses,
permits or approvals by a political subdivision of
the  state  pertaining  to  building  construction
shall   apply  to   the   stadium   project,   the
construction  of  the   NFL   pavilion,  the  site
preparation  or the  infrastructure  improvements.
The provisions of  section  4-61  of  the  general
statutes, shall not  apply to the stadium project,
the construction of  the  NFL  pavilion,  the site
preparation  or the  infrastructure  improvements,
and the provisions of section 4-160 of the general
statutes,  as amended,  shall  not  apply  to  any
dispute arising pursuant  to  the agreement of the
lease. For the purposes of part III of chapter 557
of the general  statutes, the stadium project, the
construction  of  the   NFL   pavilion,  the  site
preparation  and the  infrastructure  improvements
shall be deemed  to  be a public works project and
consist  of  public   buildings  except  that  the
provisions relating to payment of prevailing wages
to  workers in  connection  with  a  public  works
project including, but  not  limited  to,  section
31-53 of the  general  statutes, as amended, shall
not apply to the stadium project, the construction
of the NFL  pavilion,  the  site  preparation  and
infrastructure improvements if  the contractor has
negotiated other wage  terms pursuant to a project
labor agreement. The  provisions of subsection (c)
of  section 2-79a  of  the  general  statutes,  as
amended, shall not apply to any provisions of this
act   concerning   the    stadium   project,   the
construction  of  the   NFL   pavilion,  the  site
preparation  or the  infrastructure  improvements.
Executive  orders,  with   the   approval  of  the
Governor, need not  apply to any contracts entered
into in connection  with  the stadium project, the
construction  of  the   NFL   pavilion,  the  site
preparation and the infrastructure improvements.
    (b) As a  state-owned  facility, the operation
of the stadium  facility  shall be subject to such
ordinances, laws or  regulations as are applicable
to a state  facility, except as otherwise provided
in subsection (c)  of section 11 and section 22 of
this  act,  and  provided  the  operation  of  the
stadium  facility shall  not  be  subject  to  the
following  provisions  of  the  general  statutes,
including  any  regulations   adopted  thereunder:
Title 4b, chapter  97a, sections 10-303 and 14-311
to 14-314c, inclusive,  of  the  general statutes.
For the purposes  of  subsection  (g)  of  section
22a-68 of the  general statutes, the activities at
the stadium facility shall be deemed sanctioned by
the state.
    Sec. 22. (NEW) All financial, business, credit
and  proprietary  information   obtained   by  the
Secretary of the  Office  of Policy and Management
or the authority  with respect to the development,
construction, leasing, management  or operation of
the stadium facility  shall  be  exempt  from  the
provisions of subsection  (a)  of  section 1-19 of
the general statutes, as amended.
    Sec.  23.  (NEW)   (a)   Notwithstanding   any
provision of the  general  statutes, any permit or
approval required or  permitted  to  be issued and
any administrative action required or permitted to
be  taken pursuant  to  the  general  statutes  in
connection  with  any   work   supervised   by   a
department, board or  agency  of the state for the
overall project shall  be  in  accordance with the
procedure set forth  in this section to the extent
not  inconsistent  with   the   state's  delegated
authority   under  federal   law.   Whenever   the
Secretary of the  Office  of Policy and Management
enters into a  written  agreement  with any public
entity pursuant to  section 7 of this act for work
in respect of  any  aspect  of the overall project
including  without  limitation,  permit,  license,
governmental   approval,   acquisition   of   real
property, construction of  sewer, water or utility
connections or the like, any administrative action
to be taken by such public entity shall also be in
accordance with the  procedure  set  forth in this
section  unless inconsistent  with  such  entity's
delegated  authority  under   federal  law  or  in
conflict with any contract by which such entity is
bound, provided that  the  procedure for review of
environmental  impact evaluations  and  statements
required by section  22a-1a  to 22a-1c, inclusive,
of the general  statutes  shall  be  in accordance
with the procedures  set  forth in subsections (k)
to (m), inclusive,  of  this  section.  As used in
this section, the  term  "commissioner" shall mean
"commissioners", if more than one commissioner has
jurisdiction over the  subject  matter  and  their
designees, if any.
    (b) Each license, permit and approval required
or permitted to  be issued and each administrative
action required or  permitted to be taken pursuant
to the general  statutes  in  connection  with the
overall project shall  be  issued  or  taken  upon
application  to  the  particular  commissioner  or
commissioners having the  jurisdiction  over  such
license, permit, approval  or other administrative
action  or  such  other  state  official  as  such
commissioner   shall   designate.    No    agency,
commission,  council, committee,  panel  or  other
body whatsoever other than such commissioner shall
have  jurisdiction  over   or  cognizance  of  any
licenses,  permits,  approvals  or  administrative
actions concerning the  overall project. No notice
of  any  tentative   determination  or  any  final
determination regarding any  such license, permit,
approval or administrative action and no notice of
any   such   license,    permit,    approval    or
administrative action shall  be required except as
expressly provided in  this section. No ordinance,
law or regulation adopted by, or authority granted
to,  any  municipality   or  any  other  political
subdivision  of  the  state  shall  apply  to  the
overall project.
    (c) All applications, supporting documentation
and other records  submitted  to  the commissioner
and pertaining to any application for any license,
permit, approval or  other  administrative action,
together with all  records  of  the proceedings of
the commissioner relating  to any license, permit,
approval  or administrative  action,  shall  be  a
public record and  shall  be  made, maintained and
disclosed  in  accordance   with  the  Freedom  of
Information Act, as  defined  in subsection (a) of
section 1-18 of the general statutes, as amended.
    (d) All applications  for  licenses,  permits,
approvals and other administrative action required
by  any  applicable   provision   of  the  general
statutes shall be submitted to the commissioner as
provided in subsection  (b)  of  this section. The
commissioner  shall  adopt  a  master  process  to
consider multiple licenses, permits, approvals and
administrative actions to  the extent practicable.
Each license or  permit  shall be issued, approval
shall be granted  and  administrative action shall
be taken not  later  than  ten business days after
the date of submission of any application for such
license, permit, approval or administrative action
to  the  commissioner.   Each  application  for  a
license or permit  shall  be  deemed  to have been
issued, approval shall  be  deemed  to  have  been
granted and administrative  action shall be deemed
to  have  been  taken  as  requested  unless  such
application  has  been   denied  or  conditionally
issued prior to the close of business on the tenth
business day after  either  the date of submission
of such application,  or a hearing is held on such
application   pursuant  to   this   section.   Any
requirement  for permits  or  inspections  by  the
State Building Inspector  or  State  Fire  Marshal
shall be satisfied  if  the  secretary  obtains  a
certification   from   an    engineer   or   other
appropriate   professional   duly   certified   or
licensed in the  state,  to  the  effect that such
work,  to the  extent  such  work  is  subject  to
approval by the  State Building Inspector or State
Fire Marshal, is in compliance with state building
or fire laws and regulations, as applicable.
    (e)  The  responsibility   for  obtaining  any
license, permit approval  or administrative action
shall  be allocated  between  the  state  and  the
developer in accordance with the agreement.
    (f) Any hearing  regarding  all or any part of
the overall project  provided  for by this section
shall be conducted  by the particular commissioner
having jurisdiction over  the  applicable license,
permit, approval or  other  administrative action.
Legal notice of such hearing shall be published in
a newspaper having  a  general  circulation  in an
area which includes  the municipality in which the
particular part of the overall project is proposed
to be built  or  is  being built not more than ten
nor  less  than  five  days  in  advance  of  such
hearing.
    (g) In rendering  any  decision  in connection
with the overall  project,  the commissioner shall
weigh  all  competent   material  and  substantial
evidence presented by the applicant and the public
in accordance with  the  applicable  statute.  The
commissioner  shall  issue  written  findings  and
determinations upon which  his  decision is based.
Such findings and  determinations shall consist of
evidence presented, including  such matters as the
commissioner  deems  appropriate,   provided  such
matters,  to  the   extent   applicable   to   the
particular permit, shall  consider  the  nature of
any major adverse  health  or environmental impact
of  the  overall  project.  The  commissioner  may
reverse or modify  any order or action at any time
on his own motion. The procedure for such reversal
or modification shall be the same as the procedure
for the original proceeding.
    (h) Any administrative  action  taken  by  any
commissioner  in  connection   with   the  overall
project may be  appealed  by an aggrieved party to
the superior court  for  the  judicial district of
Hartford  in accordance  with  the  provisions  of
section 4-183 of the general statutes. Such appeal
shall be brought  within  ten  days of the date of
mailing to the  parties  to  the  proceeding  of a
notice  of  such  order,  decision  or  action  by
certified  mail,  return  receipt  requested.  The
appellant shall serve a copy of the appeal on each
party listed in  the final decision at the address
shown  in such  decision.  Failure  to  make  such
service within the  ten days on parties other than
the commissioner who  rendered  the final decision
may not, in  the  discretion of the court, deprive
the court of  jurisdiction  over  the  appeal. Not
later than ten  days following the service of such
appeal, or within  such  further  time  as  may be
allowed  by  the   court,   the  commissioner  who
rendered such decision  shall cause any portion of
the record that  had  not  been  transcribed to be
transcribed and shall cause either the original or
a certified copy  of  the  entire  record  of  the
proceeding appealed from  to be transmitted to the
reviewing  court. The  record  shall  include  the
commissioner's findings of fact and conclusions of
law,  separately  stated.   If   more   than   one
commissioner  has jurisdiction  over  the  matter,
such commissioners shall  issue  joint findings of
fact and conclusions  of  law.  The  appeal  shall
state the reasons upon which it is predicated and,
notwithstanding  any  provisions  of  the  general
statutes, shall not  stay  the  development of the
overall project. The commissioner who rendered the
decision shall appear  as  the respondent. Appeals
to the Superior  Court  shall  each  be privileged
matters and shall  be  heard  as  soon  after  the
return date as  practicable.  A court shall render
its decision not  later than twenty-one days after
the  date  that   the   entire   record  with  the
transcript  is  filed   with   the  court  by  the
commissioner who rendered the decision.
    (i)  The  court   shall   not  substitute  its
judgment for that  of  the  commissioner as to the
weight of the  evidence presented on a question of
fact. The court  shall  affirm the decision of the
commissioner   unless   the   court   finds   that
substantial  rights of  the  party  appealing  the
decision have been  materially  prejudiced because
the    administrative    findings,     inferences,
conclusions or decisions  of the commissioner are:
(1) In violation  of  constitutional  or statutory
provisions;  (2)  in   excess   of  the  statutory
authority  of  the  commissioner;  (3)  made  upon
unlawful procedure; (4)  affected  by  an error of
law;  (5)  clearly   erroneous   in  view  of  the
reliable, probative and  substantial  evidence  on
the whole record;  or (6) arbitrary, capricious or
characterized by abuse  of  discretion  or clearly
unwarranted exercise of discretion.
    (j) If the  court finds material prejudice, it
may sustain the  appeal,  and  upon  sustaining an
appeal may render  a  judgment  which modifies the
decision of the  commissioner,  orders  particular
action  of  the   commissioner   or   orders   the
commissioner  to  take   such  action  as  may  be
necessary  to  effect  a  particular  action.  The
commissioner may issue  a  permit  consistent with
such judgment. An  applicant  may  file an amended
application and the  commissioner  may consider an
amended application for  an order, permit or other
administrative action following court action.
    (k)  The  Capital  City  Economic  Development
Authority shall be  considered  the  state  agency
responsible for preparing  the  written evaluation
of  the impact  of  the  overall  project  on  the
environment in accordance  with  the  requirements
set  forth  in   section  22a-1b  of  the  general
statutes and the  regulations  adopted thereunder.
Such evaluation shall include a description of the
permits, licenses or other approvals required from
the Commissioner of  Environmental  Protection for
the overall project.  The  authority  shall submit
such evaluation and  a  summary thereof, including
any  negative  findings  to  the  Commissioner  of
Environmental  Protection and  the  secretary  and
shall make the evaluation and summary available to
the public for  inspection and comment at the same
time.  Notwithstanding  the   regulations  adopted
pursuant  to  section   22a-1a   of   the  general
statutes,  the  authority   shall  hold  a  public
hearing on the evaluation and shall publish notice
of the availability of such evaluation and summary
in a newspaper  of general circulation in the city
of Hartford not  less  than fourteen calendar days
before the date  of  such  hearing. Any person may
comment in writing  or  at the public hearing. All
public comments received by the authority shall be
forwarded  to the  Commissioner  of  Environmental
Protection and the  secretary  and  shall  be made
available for public inspection.
    (l) The secretary shall review the evaluation,
together with the comments thereon, and shall make
a  written  determination   as   to  whether  such
evaluation satisfies the  requirements of sections
22a-1a  to  22a-1c,   inclusive,  of  the  general
statutes, which determination shall be made public
and forwarded to  the  authority no later than ten
days after the close of the hearing. The secretary
may require the  revision of the evaluation if the
secretary finds that the evaluation is inadequate.
In making his  determination,  the secretary shall
take into account  all public and agency comments.
The Commissioner of Environmental Protection shall
make  no  final   decision  with  respect  to  any
license, permit or approval required in connection
with the overall  project  until the secretary has
made a determination  under this section, provided
thereafter  the  Commissioner   of   Environmental
Protection  shall make  a  final  decision  within
sixty days of  such  determination or receipt of a
completed application. The commissioner shall make
a final determination as to whether an application
is complete not  later than fourteen calendar days
after the submission of the application.
    (m)  In  exercising   jurisdiction   over  any
license, permit or approval required in connection
with  the overall  project,  the  Commissioner  of
Environmental   Protection   shall    take    into
consideration  all  public  comments  received  in
connection with the  evaluation  submitted  by the
authority  pursuant  to  subsection  (k)  of  this
section  and  shall  make  written  findings  with
respect to any  comments which are relevant to the
issuance or denial  of  any such license or permit
or the grant  or  denial of any such approval. The
Commissioner  of  Environmental  Protection  shall
provide for administrative  hearings  which  would
otherwise have been  required  pursuant to statute
or regulation regarding  such licenses, permits or
approvals or administrative  actions  only for the
purposes  of considering  issues  or  factors  not
included  in  the  environmental  evaluation.  The
provisions  of  subsection  (d)  of  this  section
regarding  deadlines  for   administrative  action
shall not apply to any license or permit issued or
any  approval  granted   by  the  Commissioner  of
Environmental Protection.
    Sec. 24. (NEW)  Notwithstanding  any provision
of the general  statutes, other than section 25 of
this  act,  the   stadium  facility,  the  stadium
facility site, and  any  leasehold interest of the
team  or  any   affiliate  of  the  team  in  said
facilities and sites  shall  be  exempt  from real
property   taxation   and    assessment   by   the
municipalities in which  such facilities and sites
are located, including  sections 12-19a and 12-19b
of  the  general   statutes,   as  amended,  which
provides  for  grants   in   lieu   of   taxes  on
state-owned property and  from  any  other charges
the authority may  assess  or  impose  pursuant to
sections 1 to 22, inclusive, of public act 98-179,
as  amended by  this  act.  The  lessee  shall  be
required to pay,  as applicable, all such taxes or
assessments as apply  to the training facility and
the training facility site.
    Sec. 25. (NEW)  On  or  before  January first,
annually, the lessee  shall  pay  as  a payment in
lieu of taxes  or  in  lieu  of a grant in lieu of
taxes,  to  the  municipality  in  which  the  NFL
pavilion and to  the municipality in which, to the
extent  on  state-owned   property,  the  training
facility  site  and   the   training  facility  is
located, the amount  equal  to  the  total  of one
hundred per cent of the property taxes which would
have been paid  with respect to such NFL pavilion,
such  training facility  site  and  such  training
facility, respectively, except  for  the exemption
applicable to such property.
    Sec.  26.  (NEW)   The  state  shall  have  no
liability for any  act  or  omission  of any other
entity in connection  with  the overall project or
the operation of  the  stadium facility including,
but not limited  to,  the acts or omissions of any
architect,   contractor,  developer,   lessee   or
sublessee or any employee thereof.
    Sec. 27. (NEW)  No  officer or employee of the
state executing the  agreement or any lease of all
or  any  portion  of  the  stadium  facility,  the
stadium facility site,  the training facility, the
training facility site,  the  NFL  pavilion or the
site  of  the   NFL   pavilion,  shall  be  liable
personally or be subject to any personal liability
or accountability under  such  agreement or lease.
The state shall  protect,  save, hold harmless and
indemnify such officer  and  employee of the state
against any and  all  financial  loss  or  expense
therefor including, without  limitation, any legal
expenses  related  thereto   by   reason   of  the
execution thereof.
    Sec. 28. (NEW)  Sections  1  to 28, inclusive,
and sections 38  to  41,  inclusive,  of this act,
being necessary for  the  welfare of the state and
its inhabitants, shall  be liberally construed, so
as to effect  its purposes. In connection with the
overall project, the  Secretary  of  the Office of
Policy and Management,  the  State  Treasurer, the
State  Comptroller,  the  team,  the  lessee,  the
developer, the contractor  and  all  other persons
shall be governed by this act, which shall control
in the event of any inconsistency between this act
and any other public or special act of the state.
    Sec. 29. Subdivision  (2) of section 12-407 of
the general statutes,  as amended by section 12 of
public act 97-243  and  section  6  of  public act
97-316,  is  repealed   and   the   following   is
substituted in lieu thereof:
    (2) "Sale" and "selling" mean and include: (a)
Any  transfer  of   title,   exchange  or  barter,
conditional or otherwise,  in any manner or by any
means whatsoever, of  tangible  personal  property
for a consideration;  (b) any withdrawal, except a
withdrawal pursuant to a transaction in foreign or
interstate commerce, of tangible personal property
from the place where it is located for delivery to
a point in  this  state  for  the  purpose  of the
transfer of title, exchange or barter, conditional
or  otherwise, in  any  manner  or  by  any  means
whatsoever, of the  property  for a consideration;
(c)   the  producing,   fabricating,   processing,
printing  or  imprinting   of   tangible  personal
property for a  consideration  for  consumers  who
furnish   either  directly   or   indirectly   the
materials  used  in  the  producing,  fabricating,
processing, printing or  imprinting, including but
not limited to, sign construction, photofinishing,
duplicating and photocopying;  (d)  the furnishing
and distributing of tangible personal property for
a  consideration by  social  clubs  and  fraternal
organizations to their  members or others; (e) the
furnishing,   preparing,   or    serving   for   a
consideration of food,  meals  or  drinks;  (f)  a
transaction whereby the  possession of property is
transferred but the  seller  retains  the title as
security for the  payment  of  the  price;  (g)  a
transfer  for a  consideration  of  the  title  of
tangible   personal  property   which   has   been
produced, fabricated or  printed  to  the  special
order of the  customer,  or  of  any  publication,
including but not  limited  to, sign construction,
photofinishing, duplicating and  photocopying; (h)
a transfer for a consideration of the occupancy of
any room or  rooms in a hotel or lodging house for
a period of  thirty  consecutive  calendar days or
less; (i) the  rendering of certain services for a
consideration, exclusive of such services rendered
by an employee  for  his employer, as follows: (A)
Computer and data  processing  services, including
but  not  limited   to,  time,  and  exclusive  of
services rendered in connection with the creation,
development hosting or  maintenance of all or part
of a web  site  which  is  part  of the graphical,
hypertext  portion  of   the   Internet,  commonly
referred to as  the  World-Wide  Web,  (B)  credit
information and reporting  services,  (C) services
by  employment  agencies  and  agencies  providing
personnel  services,  (D)  private  investigation,
protection, patrol work,  watchman and armored car
services, exclusive of services of off-duty police
officers and off-duty  fire fighters, (E) painting
and lettering services,  (F)  photographic  studio
services, (G) telephone  answering  services,  (H)
stenographic services, (I) services to industrial,
commercial  or  income-producing   real  property,
including but not  limited  to,  such  services as
management,  electrical,  plumbing,  painting  and
carpentry and excluding any such services rendered
in   the   voluntary    evaluation,    prevention,
treatment,  containment or  removal  of  hazardous
waste, as defined  in  section  22a-115,  or other
contaminants  of  air,  water  or  soil,  provided
income-producing   property  shall   not   include
property used exclusively for residential purposes
in which the  owner  resides and which contains no
more  than three  dwelling  units,  or  a  housing
facility for low  and moderate income families and
persons owned or  operated  by a nonprofit housing
organization, as defined  in  subsection  (29)  of
section 12-412, (J) business analysis, management,
management   consulting   and   public   relations
services, excluding any  environmental  consulting
services, (K) services  providing "piped-in" music
to business or  professional  establishments,  (L)
flight instruction and  chartering  services  by a
certificated air carrier  on  an aircraft, the use
of which for such purposes, but for the provisions
of subsection (4) of section 12-410 and subsection
(12) of section  12-411,  would be deemed a retail
sale and a  taxable  storage or use, respectively,
of  such  aircraft  by  such  carrier,  (M)  motor
vehicle repair services,  including  any  type  of
repair, painting or  replacement  related  to  the
body or any  of  the  operating  parts  of a motor
vehicle, (N) motor  vehicle parking, including the
provision of space, other than metered space, in a
lot having thirty  or  more  spaces, excluding (i)
space in a  seasonal  parking  lot  provided  by a
person who is  exempt  from  taxation  under  this
chapter pursuant to  subsection (1), (5) or (8) of
section 12-412, (ii)  space in a parking lot owned
or leased under  the  terms of a lease of not less
than  ten  years   duration  and  operated  by  an
employer for the  exclusive  use of its employees,
(iii) valet parking  provided  at any airport, and
(iv)   space  in   municipally-operated   railroad
parking  facilities  in   municipalities   located
within an area of the state designated as a severe
nonattainment area for  ozone  under  the  federal
Clean Air Act,  (O)  radio  or  television  repair
services, (P) furniture  reupholstering and repair
services, (Q) repair services to any electrical or
electronic device, including  but  not limited to,
such equipment used  for purposes of refrigeration
or air-conditioning, (R)  lobbying  or  consulting
services   for  purposes   of   representing   the
interests of a client in relation to the functions
of any governmental entity or instrumentality, (S)
services of the agent of any person in relation to
the sale of any item of tangible personal property
for such person,  exclusive  of  the services of a
consignee selling works  of  art,  as  defined  in
subsection (b) of  section 12-376c, or articles of
clothing or footwear  intended  to  be  worn on or
about the human  body  other  than (i) any special
clothing  or  footwear   primarily   designed  for
athletic activity or  protective  use and which is
not  normally  worn   except  when  used  for  the
athletic activity or  protective  use for which it
was designed and  (ii) jewelry, handbags, luggage,
umbrellas,  wallets,  watches  and  similar  items
carried on or about the human body but not worn on
the body in  the manner characteristic of clothing
intended for exemption  under  subdivision (47) of
section 12-412, under  consignment,  exclusive  of
services provided by  an auctioneer, (T) locksmith
services,  (U)  advertising  or  public  relations
services, including layout, art direction, graphic
design,  mechanical  preparation   or   production
supervision, not related  to  the  development  of
media  advertising  or   cooperative  direct  mail
advertising,  (V)  landscaping   and  horticulture
services,  (W)  window   cleaning   services,  (X)
maintenance services, (Y) janitorial services, (Z)
exterminating   services,   (AA)   swimming   pool
cleaning and maintenance services, (BB) renovation
and  repair  services   as   set   forth  in  this
subparagraph, to other than industrial, commercial
or income-producing real  property:  Paving of any
sort, painting or staining, wallpapering, roofing,
siding  and  exterior   sheet   metal  work,  (CC)
miscellaneous   personal  services   included   in
industry  group 729  in  the  Standard  Industrial
Classification  Manual, United  States  Office  of
Management and Budget,  1987 edition, exclusive of
(i)  services  rendered   by   massage  therapists
licensed  pursuant  to   chapter  384a,  and  (ii)
services rendered by  a hypertrichologist licensed
pursuant  to  chapter  388,  (DD)  any  repair  or
maintenance  service  to   any  item  of  tangible
personal  property  including   any   contract  of
warranty or service related to any such item; (EE)
business   analysis,   management    or   managing
consulting services rendered by a general partner,
or an affiliate thereof, to a limited partnership,
provided  (i) that  the  general  partner,  or  an
affiliate   thereof,  is   compensated   for   the
rendition of such  services  other  than through a
distributive share of  partnership  profits  or an
annual percentage of partnership capital or assets
established in the  limited partnership's offering
statement, and (ii)  the  general  partner,  or an
affiliate thereof, offers such services to others,
including  any  other   partnership.  As  used  in
subparagraph (EE) (i)  "an  affiliate of a general
partner" means an  entity  which  is  directly  or
indirectly owned fifty  per cent or more in common
with a general  partner;  and (FF) notwithstanding
the   provisions   of   section   12-412,   except
subsection (87) thereof, patient care services, as
defined in subsection  (30)  of  this section by a
hospital; (j) the  leasing  or  rental of tangible
personal   property  of   any   kind   whatsoever,
including  but not  limited  to,  motor  vehicles,
linen or towels,  machinery  or  apparatus, office
equipment and data  processing equipment, provided
for  purposes  of   this   subdivision   and   the
application of sales  and  use tax to contracts of
lease or rental of tangible personal property, the
leasing or rental  of  any  motion picture film by
the owner or  operator of a motion picture theater
for purposes of  display at such theater shall not
constitute  a sale  within  the  meaning  of  this
subsection;     (k)     the      rendering      of
telecommunications   service,   as    defined   in
subsection   (26)   of   this   section,   for   a
consideration  on  or   after   January  1,  1990,
exclusive  of any  such  service  rendered  by  an
employee  for  his   employer,   subject   to  the
provisions related to  telecommunications  service
in  accordance  with   section  12-407a;  (l)  the
rendering of community antenna television service,
as defined in subsection (27) of this section, for
a  consideration on  or  after  January  1,  1990,
exclusive  of any  such  service  rendered  by  an
employee for his  employer;  (m)  the transfer for
consideration of space  or  the  right  to use any
space for the purpose of storage or mooring of any
noncommercial  vessel, exclusive  of  dry  or  wet
storage  or mooring  of  such  vessel  during  the
period commencing on  the first day of November in
any year to  and  including  the  thirtieth day of
April of the  next  succeeding  year; (n) THE SALE
FOR CONSIDERATION OF NAMING RIGHTS TO ANY PLACE OF
AMUSEMENT, ENTERTAINMENT OR  RECREATION WITHIN THE
MEANING OF SUBSECTION  (3)  OF  SECTION 12-540, AS
AMENDED BY THIS  ACT.  Wherever  in  this  chapter
reference is made to the sale of tangible personal
property or services,  it  shall  be  construed to
include sales described in this subsection, except
as may be specifically provided to the contrary.
    Sec. 30. Subdivision  (1) of section 12-412 of
the general statutes, as amended by sections 21 to
25, inclusive, of  public act 97-243, section 6 of
public act 97-295, section 1 of public act 97-315,
sections 1 to  4, inclusive, and sections 8 to 10,
inclusive, of public  act  97-316 and section 5 of
public act 97-4 of the June 18 special session, is
repealed and the  following is substituted in lieu
thereof:
    (1) (A) Sales of tangible personal property or
services  to  the  United  States,  the  state  of
Connecticut or any  of  the political subdivisions
thereof, or its  or their respective agencies; (B)
sales of tangible  personal  property  or services
used  to  develop  property  which  the  state  of
Connecticut is under  contract to purchase through
a  long-term financing  contract;  (C)  [sales  of
tangible personal property  or  services  used  to
construct  or  equip   the  stadium  facility,  as
defined in section  32-381,  the  stadium facility
site, as defined  in  section 32-381, the practice
facility, as defined  in  section  32-381  or  the
practice  facility site,  as  defined  in  section
32-381] SALES AND  USE OF ANY SERVICES OR TANGIBLE
PERSONAL PROPERTY TO  BE INCORPORATED INTO OR USED
OR  OTHERWISE  CONSUMED  IN  (i)  THE  DEMOLITION,
REMEDIATION OR PREPARATION OF THE STADIUM FACILITY
SITE  OR  THE  TRAINING  FACILITY  SITE,  EACH  AS
DEFINED  IN  SECTION  2  OF  THIS  ACT,  (ii)  THE
CONSTRUCTION   OF  THE   STADIUM   FACILITY,   THE
INFRASTRUCTURE IMPROVEMENTS, THE TRAINING FACILITY
OR THE NFL  PAVILION,  EACH  AS  DEFINED  IN  SAID
SECTION 2, OR (iii) THE CONSTRUCTION OF ANY FUTURE
CAPITAL IMPROVEMENT TO SAID STADIUM FACILITY.
    Sec. 31. Subsection  (a)  of section 12-498 of
the general statutes,  as  amended by section 2 of
public act 98-157  and  section  22  of public act
98-244,  is  repealed   and   the   following   is
substituted in lieu thereof:
    (a) The tax  imposed  by  section 12-494 shall
not  apply to:  (1)  Deeds  which  this  state  is
prohibited from taxing  under  the constitution or
laws of the  United States; (2) deeds which secure
a debt or  other  obligation;  (3)  deeds to which
this state or any of its political subdivisions or
its or their  respective  agencies is a party; (4)
tax deeds; (5)  deeds of release of property which
is security for  a  debt  or other obligation; (6)
deeds of partition;  (7)  deeds  made  pursuant to
mergers  of corporations;  (8)  deeds  made  by  a
subsidiary corporation to  its  parent corporation
for no consideration  other  than the cancellation
or surrender of  the subsidiary's stock; (9) deeds
made pursuant to  a  decree  of the Superior Court
under section 46b-81, 49-24 or 52-495; (10) deeds,
when  the  consideration   for   the  interest  or
property  conveyed  is   less  than  two  thousand
dollars;    (11)    deeds    between    affiliated
corporations, provided both  of  such corporations
are exempt from  taxation  pursuant  to  paragraph
(2), (3) or (25) of Section 501(c) of the Internal
Revenue   Code  of   1986,   or   any   subsequent
corresponding internal revenue  code of the United
States, as from  time  to time amended; (12) deeds
made  by  a   corporation  which  is  exempt  from
taxation  pursuant to  paragraph  (3)  of  Section
501(c) of the  Internal  Revenue  Code of 1986, or
any subsequent corresponding internal revenue code
of  the  United  States,  as  from  time  to  time
amended, to any  corporation  which is exempt from
taxation pursuant to  said  paragraph  (3) of said
Section 501(c); (13)  deeds  made to any nonprofit
organization which is organized for the purpose of
holding undeveloped land in trust for conservation
or  recreation  purposes;   (14)   deeds   between
spouses; [and] (15)  deeds  of  property  for  the
stadium  facility site,  [as  defined  in  section
32-381 or the  practice  facility site, as defined
in section 32-381]  THE  SITE  OF THE NFL PAVILION
AND THE TRAINING FACILITY SITE, BOTH AS DEFINED IN
SECTION 2 OF  THIS  ACT;  and  (16) land transfers
made on or after July 1, 1998, to a water company,
as defined in  section  16-1, AS AMENDED, provided
the land is  classified  as  class  I  or class II
land, as defined  in  section  25-37c,  after such
transfer.
    Sec. 32. Subsection  (3)  of section 12-540 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (3) "Admission charge"  means the amount paid,
WHETHER IN THE  FORM  OF  A  TICKET PRICE, LICENSE
FEE, SKYBOX, LUXURY  SUITE  OR  CLUB  SEAT  RENTAL
CHARGE OR PURCHASE  PRICE,  OR  OTHERWISE, for the
right or privilege  to  have  access to a place or
location   where   amusement,   entertainment   or
recreation is provided,  exclusive  of any charges
for instruction, AND  INCLUDING ANY PREFERRED SEAT
LICENSE FEE OR ANY OTHER PAYMENT REQUIRED IN ORDER
TO HAVE THE  RIGHT  TO  PURCHASE  SEATS  OR SECURE
ADMISSION TO ANY SUCH PLACE OR LOCATION. Places of
amusement,  entertainment or  recreation  include,
but are not  limited  to, theaters, motion picture
shows, auditoriums where lectures and concerts are
given, amusement parks,  fairgrounds, race tracks,
dance halls, ball  parks, STADIUMS, AMPHITHEATERS,
CONVENTION CENTERS, golf  courses,  miniature golf
courses, tennis courts,  skating  rinks,  swimming
pools, bathing beaches,  gymnasiums,  auto  shows,
boat shows, camping  shows,  home shows, dog shows
and antique shows.
    Sec.  33.  Section   12-541   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    There is hereby  imposed a tax of ten per cent
of the admission charge to any place of amusement,
entertainment or recreation,  except  that  no tax
shall be imposed  with  respect  to  any admission
charge (1) when  the admission charge is less than
one dollar or,  in  the case of any motion picture
show, when the  admission  charge is not more than
four dollars and  fifty  cents,  (2)  when a daily
admission charge is  imposed  which  entitles  the
patron to participate  in  an athletic or sporting
activity, (3) to any event, OTHER THAN EVENTS HELD
AT THE STADIUM  FACILITY,  AS DEFINED IN SECTION 2
OF THIS ACT,  all of the proceeds from which inure
exclusively to an  entity  which  is  exempt  from
federal  income tax  under  the  Internal  Revenue
Code, provided such entity actively engages in and
assumes the financial  risk  associated  with  the
presentation of such  event,  (4)  to  any  event,
OTHER THAN EVENTS HELD AT THE STADIUM FACILITY, AS
DEFINED IN SECTION  2  OF  THIS  ACT, which in the
opinion   of  the   commissioner,   is   conducted
primarily to raise  funds  for  an entity which is
exempt from federal  income tax under the Internal
Revenue  Code,  provided   the   commissioner   is
satisfied that the net profit which inures to such
entity from such  event  will exceed the amount of
the   admissions   tax   which,   but   for   this
subdivision,  would be  imposed  upon  the  person
making such charge to such event, (5) to any event
at  the  Hartford  Civic  Center,  the  New  Haven
Coliseum, New Britain Beehive Stadium, New Britain
Veterans  Memorial Stadium,  facilities  owned  or
managed by the Tennis Foundation of Connecticut or
any  successor  organization  or  the  William  A.
O'Neill Convocation Center,  (6)  OTHER  THAN  FOR
EVENTS HELD AT THE STADIUM FACILITY, AS DEFINED IN
SECTION 2 OF  THIS ACT, paid by centers of service
for elderly persons,  as  described in subdivision
(d) of section  17b-425,  (7)  to  any  production
featuring live performances by actors or musicians
presented at Gateway's Candlewood Playhouse, Ocean
Beach Park or  any  nonprofit theater or playhouse
in the state,  provided  such theater or playhouse
possesses  evidence  confirming   exemption   from
federal tax under  Section  501  of  the  Internal
Revenue Code, or  (8) to any carnival or amusement
ride. The tax  shall  be  imposed  upon the person
making such charge  and  reimbursement for the tax
shall  be  collected   by  such  person  from  the
purchaser. Such reimbursement, termed "tax", shall
be paid by  the purchaser to the person making the
admission charge. Such  tax,  when  added  to  the
admission  charge,  shall   be  a  debt  from  the
purchaser  to  the  person  making  the  admission
charge and shall be recoverable at law.
    Sec.  34.  Section   13a-25   of  the  general
statutes, as amended  by  section  6 of public act
97-62,   is  repealed   and   the   following   is
substituted in lieu thereof:
    Whenever  the Chief  Justice  of  the  Supreme
Court finds that  the  number  of  state  referees
available for the  performance  of  the  duties of
state referees under  subsection  (c)  of  section
13a-73, AS AMENDED,  sections  13a-74  and 13a-76,
subsection (d) of  section  [32-387  and  sections
32-388 and 32-389]  15 OF THIS ACT AND SECTIONS 16
AND 17 OF  THIS  ACT  AND  is  not  sufficient  to
consider and act  upon the acquisition of land and
buildings  for a  stadium  facility  or  [practice
facility,   as   defined    in   section   32-381]
INFRASTRUCTURE IMPROVEMENTS, AS DEFINED IN SECTION
2 OF THIS  ACT,  with  reasonable promptness, said
Chief  Justice,  upon   the   application  of  the
commissioner or the secretary, as the case may be,
may  appoint  such   number  of  additional  state
referees as he  deems  necessary  to  expedite the
performance of such  duties. Such appointments may
be made from  time  to time and for such period of
time, not more  than  two  months in length, as he
designates. Such additional  state  referees shall
have the same  powers and duties as state referees
appointed under section  52-434,  AS AMENDED, with
respect to the  granting  of the approvals and the
performance of other  duties  of state referees in
the acquisition of  land  and  buildings  for such
expressway, highway, stadium facility [or practice
facility] OR INFRASTRUCTURE IMPROVEMENTS and shall
receive  such  reasonable   compensation   as   is
determined  by  the   Chief   Justice,   and  such
compensation and expenses  incurred in the conduct
of any hearings  by  such  state referees shall be
paid as a part of the cost thereof.
    Sec. 35. Subdivision (1) of section 22a-134 of
the general statutes,  as  amended by section 1 of
public act 97-218  and  section  2  of  public act
98-253,  is  repealed   and   the   following   is
substituted in lieu thereof:
    (1)  "Transfer  of  establishment"  means  any
transaction  or  proceeding   through   which   an
establishment undergoes a change in ownership, but
does not mean  (A) conveyance or extinguishment of
an easement, (B)  conveyance of property through a
judicial foreclosure, (C)  conveyance of a deed in
lieu of foreclosure  to  an  institutional lender,
including,  but  not   limited   to,   a   banking
institution, (D) conveyance of a security interest
including,  without limitation,  a  mortgage,  (E)
renewal of a  lease, (F) conveyance, assignment or
termination of a  lease  for  a  period  less than
twenty-five   years  from   the   date   of   such
conveyance, assignment or  termination,  including
options or extensions  of  such  period,  (G)  any
change in ownership approved by the Probate Court,
(H)  conveyance of  title  to  a  surviving  joint
tenant,   or   to    a   trustee,   executor,   or
administrator under the  terms  of  a testamentary
trust or will,  or  by  intestate  succession, (I)
corporate    reorganization   not    substantially
affecting  the  ownership  of  the  establishment,
including,  but not  limited  to,  stock  dividend
distributions or stock distributions in connection
with a merger,  (J) the original issuance of stock
or other securities  of  an  entity  which owns or
operates an establishment,  (K)  the  transfer  of
stock,  securities or  other  ownership  interests
representing less than  a  majority  of the voting
power of the  entity  that  owns  or  operates the
establishment, (L) any  conveyance  of an interest
in an establishment  where  the  transferor is the
sibling, spouse, child, parent, grandparent, child
of  a sibling  or  sibling  of  a  parent  of  the
transferee, (M) any  conveyance  of a portion of a
parcel upon which  portion  no establishment is or
has been located  and  upon  which  there  has not
occurred a discharge, spillage, uncontrolled loss,
seepage or filtration of hazardous waste, provided
either the area  of  such  portion  is not greater
than fifty per  cent of the area of such parcel or
written notice of  such proposed conveyance and an
environmental condition assessment  form  for such
parcel is provided  to the commissioner sixty days
prior to such  conveyance,  (N)  conveyance  of  a
service station, as  defined in subdivision (5) of
this  section, (O)  any  conveyance  of  a  parcel
which, prior to  July  1, 1997, had been developed
solely for residential  use  and  such use has not
changed, [or] (P)  any  conveyance  of a parcel to
any entity created  or operating under chapter 130
or 132, or  to  an urban rehabilitation agency, as
defined in section  8-292,  or  to  a municipality
under  section  32-225,   or  to  the  Connecticut
Development Authority or  any  subsidiary  of  the
authority, OR (Q)  ANY CONVEYANCE OF A PARCEL TO A
LIMITED LIABILITY COMPANY  ESTABLISHED  SOLELY  TO
ASSEMBLE PROPERTIES NECESSARY  TO  EFFECTUATE  THE
PURPOSES OF THIS ACT.
    Sec. 36. Section 48-21 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    In any proceeding brought under the provisions
of subsection (b)  or  (e)  of  section  13a-73 or
section 13a-74, 13a-76,  13a-77, 13a-78 or section
19a-645 or subsection  (a),  (b) or (c) of section
[32-387 or sections  32-388  to 32-391, inclusive]
15 OF THIS ACT OR SECTIONS 16 TO 20, INCLUSIVE, OF
THIS ACT, notice  shall  be  given  to all persons
appearing of record  as  holders  of any mortgage,
lien or other  encumbrance  on  any real estate or
interest therein which  is to be taken by right of
eminent domain or  by condemnation proceedings, in
the same manner  as notice is required to be given
to the owner  of such property; and the amount due
any such mortgagee,  lienor or other encumbrancer,
not exceeding the  amount  to  be  paid  for  such
property,  shall  be  paid  to  him  according  to
priority of claims,  before any sum is paid to any
owner of such  property.  In case of dispute as to
the amount due any such mortgagee, lienor or other
encumbrancer, the money  may be deposited with the
clerk  of the  superior  court  for  the  judicial
district in which  such  property is situated, and
anyone claiming an  interest in the same may bring
suit therefor, making all others claiming interest
in  the  fund   defendants,   and  the  court  may
determine the rights in the fund of all parties to
such suit, and  may  tax  costs  according  to the
rules of equity.
    Sec.  37. Subsection  (b)  of  section  22  of
public act 98-179 is repealed and the following is
substituted in lieu thereof:
    (b) The proceeds of the sale of said bonds, to
the extent of  the amount stated in subsection (a)
of this section,  shall  be used by the Department
of   Economic  and   Community   Development   for
grants-in-aid  for  capital   city   projects   as
follows:
    (1) For the  Civic Center and coliseum complex
renovation and rejuvenation project, not exceeding
fifteen million dollars;
    (2)   For   the    riverfront   infrastructure
development and improvement project, not exceeding
twenty-five  million dollars  provided  no  amount
shall be issued  under  this subdivision until the
Commissioner of Economic and Community Development
certifies to the State Bond Commission that it has
received a commitment  by  agreement,  contract or
other legally enforceable  instrument with private
investors  or developers  for  a  minimum  private
investment equal to  the  amount  of  bonds at the
time  such  bonds  are  issued  pursuant  to  this
subdivision  taken  together   with  any  previous
commitments; and provided  further, twelve million
dollars of said  authorization  shall be effective
July 1, 1999,  and  seven  million dollars of said
authorization shall be effective July 1, 2001;
    (3)  For  housing   REHABILITATION   AND   NEW
CONSTRUCTION projects, as  defined in subparagraph
(E) (i) of  subdivision  (2) of section 1 of [this
act] PUBLIC ACT  98-179, not exceeding thirty-five
million dollars, provided seven million dollars of
said  authorization shall  be  effective  July  1,
1999,   fourteen   million    dollars    of   said
authorization shall be effective July 1, 2000, and
fourteen  million dollars  of  said  authorization
shall be effective July 1, 2001;
    (4) For demolition  OR REDEVELOPMENT projects,
as defined in subparagraph (E) (ii) of subdivision
(2) of section  1 of [this act] PUBLIC ACT 98-179,
not   exceeding   twenty-five   million   dollars,
provided   seven   million    dollars    of   said
authorization shall be  effective  July  1,  1999,
eight million dollars  of said authorization shall
be  effective  July  1,  2000,  and  five  million
dollars of said  authorization  shall be effective
July 1, 2001;
    (5)  For  parking   projects,  as  defined  in
subparagraph (F) of  subdivision  (2) of section 1
of [this act]  PUBLIC  ACT  98-179,  not exceeding
fifteen  million  dollars  provided  five  million
dollars of said  authorization  shall be effective
July 1, 1999,  and  five  million  dollars of said
authorization shall be effective July 1, 2000.
    Sec. 38. (NEW)  Notwithstanding any provisions
of any statute, special act, charter or ordinance,
no referendum or  town  meeting  or  similar  vote
shall  be  required   in   connection   with   the
expenditure of public  moneys  by  any city, town,
district,   metropolitan  district,   metropolitan
district  commission, borough,  public  community,
ecclesiastical society, municipal  corporation  or
municipal or political  subdivision  in connection
with  the  overall   project  to  the  extent  the
secretary has entered  into an agreement providing
for the reimbursement of such expenditures.
    Sec. 39. (a)  There  is established an account
to be known  as the "stadium construction account"
which  shall  be  a  separate  nonlapsing  account
within the General  Fund.  The account may contain
any moneys required  by law to be deposited in the
account.  The moneys  in  said  account  shall  be
expended by the Treasurer for payments of costs in
lieu of the  issuance  of  bonds  on  the  overall
project, as defined in section 2 of this act.
    (b)  The sum  of  $20,000,000  of  the  amount
appropriated to the  Reserve for Salary Adjustment
from the General Fund in section 11 of special act
97-21, as amended  by  section  1  of  special act
98-6, for the fiscal year ending June 30, 1999, is
transferred to the  stadium  construction  account
for the fiscal year ending June 30, 1999.
    (c) The sum  of  $80,000,000  is  appropriated
from the General  Fund to the stadium construction
account.
    Sec. 40. (NEW) For the fiscal year ending June
30, 1999, the  Secretary  of  the Office of Policy
and Management is authorized to make payments from
the amount appropriated  in  section 11 of special
act 97-21, as  amended by section 1 of special act
98-6, for P.I.L.O.T. - New Manufacturing Machinery
and equipment, for  state  costs  incurred  in the
development and implementation  of  the  "Patriots
Stadium Enabling Act".
    Sec. 41. (NEW) (a) The agreement shall require
the developer to  cause  the  NFL  pavilion  to be
developed, without cost  to  the  state, by a date
that shall be  specified in the agreement, subject
to delays caused  by  uncontrollable circumstances
or as a  state  action, but without regard to when
the  convention center  shall  be  developed.  The
developer shall be  required  to  cause  at  least
twenty million dollars  of  private  funds  to  be
invested  with  respect   to   the  NFL  pavilion,
provided such amount  may  be reduced in the event
that the developer causes at least seventy million
dollars of private  funds  to  be  invested in the
convention center hotel contemplated by sections 1
to 22, inclusive, of public act 98-179, as amended
by this act, and the NFL pavilion.
    (b) The agreement  shall require, on terms and
conditions  set  forth   in   the  agreement,  the
developer to cause such convention center hotel to
be   developed,   contemporaneously    with    the
development of the convention center, and to cause
at least fifty million dollars of private funds to
be invested for  such purpose, contingent upon the
state   proceeding   with   development   of   the
convention center and  providing the site for such
hotel  to  the   developer  without  cost  to  the
developer.
    Sec. 42. Sections 32-380, 32-381 and 32-384 to
32-409, inclusive, of  the  general  statutes  are
repealed.
    Sec. 43. This  act  shall take effect from its
passage.

Approved January 12, 1998