Connecticut Seal

General Assembly

Amendment

 

February Session, 2006

LCO No. 4562

   
 

*SB0006704562SDO*

Offered by:

 

SEN. DEFRONZO, 6th Dist.

 

To: Subst. Senate Bill No. 67

File No. 446

Cal. No. 325

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Subsection (b) of section 4b-91 of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The Commissioner of Public Works, the joint committee or the constituent unit, as the case may be, shall determine the manner of submission and the conditions and requirements of such bids, and the time within which the bids shall be submitted, consistent with the provisions of sections 4b-91 to 4b-96, inclusive, as amended by this act. Such award shall be made within [sixty] one hundred twenty days after the opening of such bids. If the general bidder selected as the general contractor fails to perform the general contractor's agreement to execute a contract in accordance with the terms of the general contractor's general bid and furnish a performance bond and also a labor and materials or payment bond to the amount specified in the general bid form, an award shall be made to the next lowest responsible and qualified general bidder. No employee of the Department of Public Works, the joint committee or a constituent unit with decision-making authority concerning the award of a contract and no public official, as defined in section 1-79, as amended, may communicate with any bidder prior to the award of the contract if the communication results in the bidder receiving information about the contract that is not available to other bidders, except that if the lowest responsible and qualified bidder's price submitted is in excess of funds available to make an award, the Commissioner of Public Works, the Joint Committee on Legislative Management or the constituent unit, as the case may be, may negotiate with such bidder and award the contract on the basis of the funds available, without change in the contract specifications, plans and other requirements. If the award of a contract on said basis is refused by such bidder, the Commissioner of Public Works, the Joint Committee on Legislative Management or the constituent unit, as the case may be, may negotiate with other contractors who submitted bids in ascending order of bid prices without change in the contract, specifications, plans and other requirements. In the event of negotiation with general bidders as provided in this section, the general bidder involved may negotiate with subcontractors on the same basis, provided such general bidder shall negotiate only with subcontractors named on such general bidder's general bid form.

Sec. 2. Subsection (a) of section 49-41 of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) Each contract exceeding one hundred thousand dollars in amount for the construction, alteration or repair of any public building or public work of the state or a municipality shall include a provision that the person to perform the contract shall furnish to the state or municipality on or before the award date, a bond in the amount of the contract which shall be binding upon the award of the contract to that person, with a surety or sureties satisfactory to the officer awarding the contract, for the protection of persons supplying labor or materials in the prosecution of the work provided for in the contract for the use of each such person, provided no such bond shall be required to be furnished (1) in relation to any general bid in which the total estimated cost of labor and materials under the contract with respect to which such general bid is submitted is less than [fifty] one hundred thousand dollars, (2) in relation to any sub-bid in which the total estimated cost of labor and materials under the contract with respect to which such sub-bid is submitted is less than [fifty] one hundred thousand dollars, or (3) in relation to any general bid or sub-bid submitted by a consultant, as defined in section 4b-55, as amended. Any such bond furnished shall have as principal the name of the person awarded the contract.

Sec. 3. Subsection (a) of section 3-37 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Treasurer shall, annually, on or before [October fifteenth] December thirty-first, submit a final audited report to the Governor and a copy of such report to the Investment Advisory Council, which shall include the following information concerning the activities of the office of the State Treasurer for the immediately preceding fiscal year ending June thirtieth: (1) Complete financial statements and accompanying footnotes for the combined investment funds prepared in accordance with generally accepted accounting principles, which financial statements shall be audited in accordance with generally accepted auditing standards and supplementary schedules depicting the interests of the component retirement plans and trust funds; (2) complete financial statements and accompanying footnotes for the Short Term Investment Fund prepared in accordance with generally accepted accounting principles and supplementary schedules listing all assets held by the Short Term Investment Fund; (3) a discussion and review of the performance of the combined investment funds and Short Term Investment Fund for such fiscal year in accordance with recognized and appropriate performance presentation and disclosure, including an analysis of the return earned by the portfolio and each combined investment fund as well as the risk profile of the portfolio and each combined investment fund according to investment industry standards; (4) the activities and transactions in such reasonable detail as is appropriate of the cash management division including information on the state's cash receipts and disbursements for the fiscal year, and the debt management division including the financial statements of the tax-exempt proceeds fund prepared in accordance with generally accepted accounting principles; (5) financial statements and accompanying footnotes as well as a summary of operating results for the Second Injury Fund for such fiscal year; (6) a financial summary and report on the activities of the state's unclaimed property program for such fiscal year; and (7) such other information as the Treasurer deems of interest to the public.

Sec. 4. Section 9-242c of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is established the Voting Technology Standards Board. The board shall consist of:

(1) The Secretary of the State, or the Secretary's designee;

(2) The executive director of the State Elections Enforcement Commission, or the executive director's designee;

(3) The chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to elections, or the chairpersons' and ranking members' designees;

(4) Two persons who are members of different political parties, appointed by the president of the Registrars of Voters Association of Connecticut;

(5) Two [persons] town clerks who are members of different political parties, appointed by the president of the Connecticut Town Clerks Association, Inc. ;

(6) A member of the faculty or an employee of The University of Connecticut, having expertise in computer architecture, appointed by the Governor; [and]

(7) One person representing a nonpartisan organization [for governmental accountability] dedicated to increasing voter participation and voter understanding of the election process, appointed by the Governor;

(8) One person appointed by the executive director of the Office of Protection and Advocacy for Persons with Disabilities; and

(9) A member of the faculty or an employee of the Connecticut State University system, having expertise in computer architecture, appointed by the chancellor.

(b) All appointments to the Voting Technology Standards Board shall be made not later than thirty days after July 8, 2005, provided the appointments by the executive director of the Office of Protection and Advocacy for Persons with Disabilities and the chancellor, in addition to the appointment in subdivision (7) of subsection (a) of this section shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority. [The board shall elect] The Secretary of the State shall designate a chairperson and a vice-chairperson from among [its] the board's members, subject to approval by a majority vote of the board. The board shall be within the office of the Secretary of the State for administrative purposes only.

(c) The Voting Technology Standards Board shall adopt and, as needed, revise standards for electronic voting technology that will ensure the integrity of the state's voting systems. Said standards shall address: (1) Accuracy; (2) protecting voter anonymity; (3) maintaining secret ballots, except where a voter requests assistance; (4) preventing a voter from voting more than once on any ballot question and from casting more votes for any office than there are persons to be elected to such office; (5) the equivalent of write-in votes; (6) reliable backup power sources so that a system is not subject to power failures; (7) handicapped accessibility; (8) simple ballot layout that will not be confusing to voters; (9) ease of navigation of multiple-screen ballots; (10) enabling voters to check and correct votes; (11) creating voter-verified paper trails; (12) adequate security precautions if individual voting systems are to be networked or if voting results will be communicated via the Internet; (13) the need for encryption; (14) adequate protection from computer viruses; [and] (15) testing and certification of the system; and (16) any other standards necessary to protect the integrity of the voting systems.

(d) Not later than January 16, 2006, the Voting Technology Standards Board shall submit a report containing the standards for electronic voting technology adopted under subsection (c) of this section to the joint standing committee of the General Assembly having cognizance of matters relating to elections, the Governor and the Secretary of the State, in accordance with the provisions of section 11-4a. [The board shall terminate on the date that it submits such standards. ]

Sec. 5. (Effective from passage) Notwithstanding any provision of the general statutes or any special act, charter or ordinance, the vote cast by the electors and voters of the town of Manchester at the referendum held on November 3, 2003, relating to approval of an appropriation for construction of road and sidewalk improvements, bridge design and repair, traffic signal upgrades, storm drainage and extension of the Charter Oak Greenway and the authorization of the issuance of bonds, notes and temporary notes and the acceptance of grants and other available funds to defray said appropriation, otherwise valid except for the failure to publish the correct dollar value of the appropriation and bond authorization in the notice of the referendum, is validated. All acts, votes and proceedings of the officers and officials of the town of Manchester pertaining to or taken in reliance on said referendum, otherwise valid except for the failure to publish the correct dollar value of the appropriation and bond authorization in the notice of the referendum, are validated and effective as of the date taken.

Sec. 6. (NEW) (Effective from passage) The state aviation pioneer shall be Igor I. Sikorsky.

Sec. 7. Subsection (b) of section 52-380d of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2007):

(b) A release of a judgment lien on real property is sufficient if (1) it specifies the names of the judgment creditor and judgment debtor, the date of the lien, and the town and volume and page where the judgment lien certificate is recorded, and (2) the signature of the lienholder, attorney or personal representative is acknowledged and witnessed in the same manner as a deed on real property. The town clerk with whom the lien was recorded shall note such release as by law provided and shall index the record of each such release under the name of the judgment creditor and judgment debtor. Nothing in this subsection shall require the town clerk with whom such lien was recorded to note such release as by law provided whenever such town clerk maintains a computerized searchable grantor and grantee index covering the period in which the lien was recorded.

Sec. 8. Section 7-25 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2007):

Each town clerk shall, within five days after receipt of an instrument for record, enter the names of all the grantors in a grantor index and all the grantees in a grantee index, in alphabetical order, and cross-indexed as to the party first identified as grantor or grantee on the instrument, the nature of the instrument, the date of its receipt as endorsed upon the recorded instrument and thereafter, when available for entry, the book and page of such instrument or other suitable indication of its location approved by the Public Records Administrator. If such instrument is an assignment of mortgage, collateral assignment of mortgage, subordination of mortgage or other transfer of an interest in a mortgage, the mortgagor shall be deemed an additional grantor for purposes of this section. If such instrument is a grant or assignment of a mortgage to a party designated in the mortgage or assignment as the nominee for another, such nominee shall be deemed to be the grantee of such mortgage or assignment for purposes of this section. If such instrument affects real property, the index shall include a reference to the location of such property, if contained in such instrument. If such instrument is a release or partial release, only one previous book and page shall be referenced. Such general index shall be a permanent public record.

Sec. 9. Subsection (c) of section 7-24 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2007):

(c) The town clerk shall, on receipt of any instrument for record, write thereon the day, month, year and time of day when he received it, and the record shall bear the same date and time of day; but he shall not be required to receive any instrument for record unless the fee for recording it is paid to him in advance except instruments received from the state or any political subdivision thereof, and, when he has received it for record, he shall not deliver it up to the parties or either of them until it has been recorded. When any town clerk has, upon receiving any instrument for record, written thereon the time of day when he received it as well as the day and year of such receipt, and when any town clerk has noted with the record of any instrument the time of day when he received the record, such entries of the time of day shall have the same effect as other entries that are required by law to be made. Each instrument for record shall have not less than three-quarters of one inch margin surrounding each page.

Sec. 10. Subsection (a) of section 33-617 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) The Secretary of the State shall charge and collect the following fees for filing documents and issuing certificates and remit them to the Treasurer for the use of the state: (1) Filing application to reserve, register, renew or cancel registration of corporate name, thirty dollars; (2) filing transfer of reserved corporate name, thirty dollars; (3) filing certificate of incorporation, including appointment of registered agent, fifty dollars; (4) filing change of address of registered agent or change of registered agent, twenty-five dollars; (5) filing notice of resignation of registered agent, twenty-five dollars; (6) filing amendment to certificate of incorporation, fifty dollars; (7) filing restated certificate of incorporation, fifty dollars; (8) filing certificate of merger or share exchange, thirty dollars; (9) filing certificate of correction, fifty dollars; (10) filing certificate of surrender of special charter and adoption of general certificate of incorporation, fifty dollars; (11) filing certificate of dissolution, twenty-five dollars; (12) filing certificate of revocation of dissolution, twenty-five dollars; (13) filing annual report, [seventy-five] eighty dollars or seventy dollars if electronically transmitted except as otherwise provided in sections 33-953 and 33-954; (14) filing application of foreign corporation for certificate of authority to transact business in this state and issuing certificate of authority, fifty dollars; (15) filing application of foreign corporation for amended certificate of authority to transact business in this state and issuing amended certificate of authority, fifty dollars; (16) filing application for withdrawal of foreign corporation and issuing certificate of withdrawal, fifty dollars; (17) filing application for reinstatement, seventy-five dollars; (18) filing a corrected annual report, fifty dollars; and (19) filing an interim notice of change of director or officer, ten dollars.

Sec. 11. Subsection (a) of section 33-1013 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) The Secretary of the State shall charge and collect the following fees for filing documents and issuing certificates and remit them to the Treasurer for the use of the state: (1) Filing application to reserve, register, renew or cancel registration of corporate name, thirty dollars; (2) filing transfer of reserved corporate name, thirty dollars; (3) filing a certificate of incorporation, including appointment of registered agent, ten dollars; (4) filing change of address of registered agent or change of registered agent, ten dollars; (5) filing notice of resignation of registered agent in duplicate, ten dollars; (6) filing certificate of amendment to certificate of incorporation, ten dollars; (7) filing restated certificate of incorporation, ten dollars; (8) filing certificate of merger, ten dollars; (9) filing certificate of correction, ten dollars; (10) filing certificate of surrender of special charter and adoption of certificate of incorporation, ten dollars; (11) filing certificate of dissolution, ten dollars; (12) filing certificate of revocation of dissolution, ten dollars; (13) filing annual report, [twenty-five] thirty dollars or twenty dollars if electronically transmitted; (14) filing application of foreign corporation for certificate of authority to conduct affairs in this state and issuing certificate of authority, twenty dollars; (15) filing application of foreign corporation for amended certificate of authority to conduct affairs in this state and issuing amended certificate of authority, twenty dollars; (16) filing application for withdrawal of foreign corporation and issuing certificate of withdrawal, twenty dollars; (17) filing certificate of reinstatement, including appointment of registered agent, fifty-five dollars; (18) filing a corrected annual report, twenty-five dollars; and (19) filing an interim notice of change of director or officer, ten dollars.

Sec. 12. Section 34-9 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

As used in this chapter, unless the context otherwise requires:

(1) "Address" means location as described by the full street number, if any, street, city or town, state or country and not a mailing address such as a post office box.

(2) "Certificate of limited partnership" means the certificate referred to in section 34-10 and the certificate as amended or restated.

(3) "Consolidation" means a business combination pursuant to section 34-33b.

(4) "Contribution" means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his capacity as a partner.

(5) "Event of withdrawal of a general partner" means an event that causes a person to cease to be a general partner as provided in section 34-28.

(6) "Foreign limited partnership" means a partnership formed under the laws of any state other than this state and having as partners one or more general partners and one or more limited partners.

(7) "General partner" means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner.

(8) "Interests" means the proprietary interests in an other entity.

(9) "Limited partner" means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement.

(10) "Limited partnership" and "domestic limited partnership" means a partnership formed by two or more persons under the provisions of this chapter and having one or more general partners and one or more limited partners.

(11) "Merger" means a business combination pursuant to section 34-33a.

(12) "Organizational documents" means the basic document or documents that create, or determine the internal governance of, an other entity.

(13) "Other entity" means any association or legal entity, other than a domestic or foreign limited partnership, organized to conduct business, including, but not limited to, a corporation, general partnership, limited liability partnership, limited liability company, joint venture, joint stock company, business trust, statutory trust and real estate investment trust.

(14) "Partner" means a limited or general partner.

(15) "Partnership agreement" means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business.

(16) "Partnership interest" means a partner's share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets.

(17) "Party to a consolidation" means any domestic or foreign limited partnership or other entity that will consolidate under a plan of consolidation.

(18) "Party to a merger" means any domestic or foreign limited partnership or other entity that will merge under a plan of merger.

(19) "Person" means a natural person, partnership, limited partnership, foreign limited partnership, trust, estate, association, limited liability company or corporation.

(20) "Plan of merger" means a plan entered into pursuant to section 34-33a.

(21) "Plan of consolidation" means a plan entered into pursuant to section 34-33b.

(22) "State" means a state, territory, or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.

(23) "Survivor" means, in a merger or consolidation, the limited partnership or other entity into which one or more other limited partnerships or other entities are merged or consolidated.

(24) "Electronic transmission" or "electronically transmitted" means any process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval and reproduction of information by the recipient.

(25) "Sign" or "signature" means any manual, facsimile, conformed or electronic signature, as defined in section 1-267.

Sec. 13. Subsection (a) of section 34-38n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) The Secretary of the State shall receive, for filing any document or certificate required to be filed under sections 34-10, 34-13a, 34-13e, 34-32, 34-32a, 34-32c, 34-38g and 34-38s, the following fees: (1) For reservation or cancellation of reservation of name, thirty dollars; (2) for a certificate of limited partnership and appointment of statutory agent, sixty dollars; (3) for a certificate of amendment, sixty dollars; (4) for a certificate of merger or consolidation, thirty dollars; (5) for a certificate of cancellation, thirty dollars; (6) for a certificate of registration, sixty dollars; (7) for a change of agent or change of address of agent, ten dollars; (8) for a certificate of reinstatement, sixty dollars; and (9) for an annual report, [ten] fifteen dollars or five dollars if electronically transmitted.

Sec. 14. Subsection (a) of section 34-112 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

The Secretary of the State shall charge and collect the following fees and remit them to the Treasurer for the use of the state:

(a) Fees for filing documents and issuing certificates: (1) Filing application to reserve a limited liability company name or to cancel a reserved limited liability company name, thirty dollars; (2) filing transfer of reserved limited liability company name, thirty dollars; (3) filing articles of organization, including appointment of statutory agent, sixty dollars; (4) filing change of address of statutory agent or change of statutory agent, twenty-five dollars; (5) filing notice of resignation of statutory agent in duplicate, twenty-five dollars; (6) filing amendment to articles of organization, sixty dollars; (7) filing restated articles of organization, sixty dollars; (8) filing articles of merger or consolidation, thirty dollars; (9) filing articles of dissolution by resolution, twenty-five dollars; (10) filing articles of dissolution by expiration, twenty-five dollars; (11) filing judicial decree of dissolution, twenty-five dollars; (12) filing certificate of reinstatement, sixty dollars; (13) filing application by a foreign limited liability company for certificate of registration to transact business in this state and issuing certificate of registration, sixty dollars; (14) filing application of foreign limited liability company for amended certificate of registration to transact business in this state and issuing amended certificate of registration, sixty dollars; (15) filing application for withdrawal of foreign limited liability company and issuing certificate of withdrawal, sixty dollars; (16) filing an annual report, [ten] fifteen dollars or five dollars if electronically transmitted; and (17) filing an interim notice of change of manager or member, ten dollars.

Sec. 15. Section 34-301 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

As used in sections 34-300 to 34-399, inclusive:

(1) "Business" includes every trade, occupation and profession.

(2) "Debtor in bankruptcy" means a person who is the subject of: (A) An order for relief under Title 11 of the United States Code or a comparable order under a successor statute of general application; or (B) a comparable order under federal, state or foreign law governing insolvency.

(3) "Distribution" means a transfer of money or other property from a partnership to a partner in the partner's capacity as a partner or to the partner's transferee.

(4) "Foreign registered limited liability partnership" includes a partnership formed pursuant to an agreement governed by the laws of any state other than this state and registered or denominated as a registered limited liability partnership or limited liability partnership under the laws of such other state.

(5) "Interests" means the proprietary interests in an other entity.

(6) "Merger" means a business combination pursuant to section 34-388.

(7) "Organizational documents" means the basic document or documents that create, or determine the internal governance of, an other entity.

(8) "Other entity" means any association or legal entity, other than a domestic or foreign partnership, organized to conduct business, including, but not limited to, a corporation, limited partnership, limited liability partnership, limited liability company, joint venture, joint stock company, business trust, statutory trust and real estate investment trust.

(9) "Partnership" means an association of two or more persons to carry on as co-owners a business for profit formed under section 34-314, predecessor law or comparable law of another jurisdiction, and includes for all purposes of the laws of this state a registered limited liability partnership.

(10) "Partnership agreement" means the agreement, whether written, oral or implied, among the partners concerning the partnership, including amendments to the partnership agreement.

(11) "Partnership at will" means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking.

(12) "Partnership interest" or "partner's interest in the partnership" means all of a partner's interests in the partnership, including the partner's transferable interest and all management and other rights.

(13) "Party to a merger" means any domestic or foreign partnership or other entity that will merge under a plan of merger.

(14) "Person" means an individual, corporation, limited liability company, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

(15) "Plan of merger" means a plan entered into pursuant to section 34-388.

(16) "Property" means all property, real, personal or mixed, tangible or intangible, or any interest therein.

(17) "Registered limited liability partnership" includes a partnership formed pursuant to an agreement governed by the laws of this state, registered under section 34-419, and complying with sections 34-406 and 34-420.

(18) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States.

(19) "Statement" means a statement of partnership authority under section 34-324, a statement of denial under section 34-325, a statement of dissociation under section 34-365, a statement of dissolution under section 34-376, a statement of merger under section 34-390, or an amendment or cancellation of any of the foregoing.

(20) "Survivor" in a merger means the partnership or other entity into which one or more other partnerships or other entities are merged or consolidated. A survivor of a merger may preexist the merger or be created by the merger.

(21) "Transfer" includes an assignment, conveyance, lease, mortgage, deed and encumbrance.

(22) "Electronic transmission" or "electronically transmitted" means any process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval and reproduction of information by the recipient.

(23) "Sign" or "signature" means any manual, facsimile, conformed or electronic signature, as defined in section 1-267.

Sec. 16. Subsection (a) of section 34-413 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from October 1, 2006):

(a) Fees for filing documents and processing certificates: (1) Filing application to reserve a registered limited liability partnership name or to cancel a reserved limited liability partnership name, thirty dollars; (2) filing transfer of reserved registered limited liability partnership name, thirty dollars; (3) filing change of address of statutory agent or change of statutory agent, twenty-five dollars; (4) filing certificate of limited liability partnership, sixty dollars; (5) filing amendment to certificate of limited liability partnership, sixty dollars; (6) filing renunciation of status report, twenty-five dollars; (7) filing certificate of authority to transact business in this state, including appointment of statutory agent, sixty dollars; (8) filing amendment to certificate of authority to transact business in this state, sixty dollars; (9) filing withdrawal of certificate of authority, sixty dollars; (10) filing an annual report, [ten] fifteen dollars or five dollars if electronically transmitted; and (11) filing statement of merger, thirty dollars.

Sec. 17. (NEW) (Effective from passage) (a) Upon the request of a political subdivision of the state, the Commissioner of Public Works may provide design and construction services, in accordance with the provisions of title 4b of the general statutes, for the design, construction, renovation, repair or improvement of a facility owned or to be owned by such political subdivision provided the project is undertaken concomitantly with and in the general vicinity of a project administered by the Department of Public Works and the provision of such services does not result in the loss of any state jobs.

(b) The Commissioner of Public Works may accept funds from a political subdivision of the state for the costs of providing such design or construction services described in subsection (a) of this section in addition to any administrative costs incurred by the state in providing such services.

Sec. 18. Subsection (a) of section 10-29a of the 2006 supplement to the general statutes is amended by adding subdivision (51) as follows (Effective from passage):

(NEW) (51) The Governor shall proclaim August twenty-third of each year to be Missing Persons Day to raise awareness of the plight of the families of state citizens who have been reported as missing and in honor of William Smolinski, Jr. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

Sec. 19. Section 4-250 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

As used in sections 4-250 to 4-252, inclusive, as amended by this act:

(1) "Gift" has the same meaning as provided in section 1-79, as amended, except that the exclusion in subdivision (12) of subsection (e) of said section 1-79, as amended, for a gift for the celebration of a major life event shall not apply;

(2) "Quasi-public agency", "public official" and "state employee" have the same meanings as provided in section 1-79, as amended;

(3) "State agency" means any office, department, board, council, commission, institution or other agency in the executive, legislative or judicial branch of state government;

(4) "Large state contract" means an agreement or a combination or series of agreements between a state agency or a quasi-public agency and a person, firm or corporation, having a total [cost to such state agency or quasi-public agency] value of more than five hundred thousand dollars in a calendar or fiscal year, for (A) a project for the construction, alteration or repair of any public building or public work, (B) services, including, but not limited to, consulting and professional services, (C) the procurement of supplies, materials or equipment, (D) a lease, or (E) a licensing arrangement. The term "large state contract" shall not include a contract between a state agency or a quasi-public agency and a political subdivision of the state;

(5) "Principals and key personnel" means officers, directors, shareholders, members, partners and managerial employees; and

(6) "Participated substantially" means participation that is direct, extensive and substantive, and not peripheral, clerical or ministerial.

Sec. 20. (Effective October 1, 2006) (a) There is established a Municipal Records Accessibility Advisory Committee that shall consist of the executive director of the Freedom of Information Commission, the Chief Information Officer of the Department of Information Technology, the Secretary of the State, the Public Records Administrator, the cochairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to government administration, or their designees, the municipal clerk and chief elected official of a town having a population of less than twenty thousand, as selected by the executive director of the Freedom of Information Commissioner, and the municipal clerk and chief elected official of a town having a population of fifty thousand or more, as selected by the executive director of the Freedom of Information Commissioner. The advisory committee shall meet at least monthly to review the technology standards and fee structures for access to municipal records. The executive director of the Freedom of Information Commission, or the executive director's designee, shall convene the meetings of the committee. In conducting its review, the committee shall seek input from those persons and organizations affected by such technologies and fees structures including, but not limited to, the Connecticut Conference of Municipalities, the Connecticut Mortgage Broker's Association, the Connecticut Bar Association and title insurance underwriters.

(b) Not later than November 1, 2007, the committee shall submit a report on its finding and recommendations, in accordance with section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to government administration. The committee shall terminate on the date it submits such report.

Sec. 21. Subsection (c) of section 3-117 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) Notwithstanding the provisions of subsections (a) and (b) of this section, the [Commissioner of Administrative Services] Chief Information Officer shall charge the appropriations of any state agency, without certification by such agency, for expenses incurred by such agency for basic telephone service, toll telephone service and teletypewriter or computer exchange service. Not later than thirty days following notification of such charge, such agency shall certify to the [commissioner] Chief Information Officer that such services were provided to such agency. As used in this subsection, (1) "telecommunications service" means and includes: The transmission of any interactive electromagnetic communications including but not limited to voice, image, data and any other information, by means of but not limited to wire, cable, including fiber optical cable, microwave, radio wave or any combinations of such media, and the resale or leasing of any such service. "Telecommunications service" includes but is not limited to basic telephone service, toll telephone service and teletypewriter or computer exchange service, including but not limited to, residential and business service, directory assistance, two-way cable television service, cellular mobile telephone or telecommunication service, specialized mobile radio and pagers and paging service, including any form of mobile two-way communication. "Telecommunications service" does not include (A) nonvoice services in which computer processing applications are used to act on the information to be transmitted, (B) any services or transactions subject to the sales and use tax under chapter 219, (C) any one-way radio or television broadcasting transmission, (D) any telecommunications service rendered by a company in control of such service when rendered for private use within its organization or (E) any such service rendered by a company controlling such service when such company and the company for which such service is rendered are affiliated companies as defined in section 33-840 or are eligible to file a combined tax return for purposes of the state corporation business tax under chapter 208. (2) "Basic telephone service" means (A) telephone service allowing a telecommunications transmission station to be connected to points within a designated local calling area or (B) any facility or service provided in connection with a service described in subdivision (1) of this subsection but exclusive of any service which is a toll telephone service, teletypewriter or computer exchange service. (3) "Toll telephone service" means and includes the transmission of any interactive electromagnetic communication to points outside the designated local calling area in which the transmission originated for which there is a toll charge which varies in amount with the distance and elapsed transmission time of each individual communication, or a telecommunication service which entitles the subscriber or user, upon the payment of a periodic charge which is determined as a flat amount or upon the basis of total elapsed transmission time, to the privilege of an unlimited number of telephonic or interactive electromagnetic communications to or from all or a substantial portion of the persons having telephone or radio telephone stations in a specified area which is outside the basic telephone system area in which the station provided with this service is located. (4) "Teletypewriter or computer exchange service" means and includes the access from a teletypewriter, telephone, computer or other data station of which such transmission facility is a part, and the privilege of intercommunications by such station with substantially all persons having teletypewriter, telephone, computer or other data stations constituting a part of the same teletypewriter or computer exchange system, to which the subscriber or user is entitled upon payment of a charge or charges, whether such charge or charges are determined as a flat periodic amount on the basis of distance and elapsed transmission time or some other method.

Sec. 22. Section 4a-57a of the general statutes is amended by adding subsection (d) as follows (Effective from passage):

(NEW) (d) Notwithstanding the provisions of subsection (a) of this section, the commissioner may donate recyclable computers that cannot be transferred between state agencies to a nonprofit organization. Any municipality, transit district, member of the public or nonprofit organization that purchases or otherwise receives surplus property from the state, pursuant to the provisions of this section, shall be solely liable for any damage or injury resulting from use or disposal of such property and shall indemnify the state against all claims arising out of the use or disposal of such property.

Sec. 23. Section 4b-56 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) There shall be established within the Department of Public Works [a] State Construction Services Selection [Panel] Panels which shall consist of five members. Four of such members shall be appointed by the commissioner, shall serve only for deliberations involving the project for which such members are appointed, and shall be current or retired employees of the Department of Public Works. [and shall serve for terms of one year from July first. ] The remaining member shall be appointed by the head or acting head of the user agency and shall serve only for deliberations involving the project for which [he] such member was appointed. [If any vacancy occurs on the panel, the commissioner shall appoint a person for the unexpired term in accordance with the provisions of this subsection. ]

(b) The selection panel shall not be deemed to be a board or commission within the meaning of section 4-9a, as amended.

(c) There shall be established within the Department of Public Works [a] Connecticut Health and Education Facilities Authority Construction Services [Panel] Panels which shall consist of five members: Three of whom shall be appointed by the Commissioner of Public Works, shall serve only for deliberations involving the project for which such members are appointed, and shall be current employees of the Department of Public Works. [; and the] The remaining members shall be appointed by the head or acting head of the user agency and shall serve only for deliberations involving the project for which such member was appointed. [The members of the selection panel appointed by the Commissioner of Public Works shall serve for terms of one year from July first. If any vacancy occurs on the panel, the Commissioner of Public Works or the head or acting head of the user agency, as appropriate, shall appoint a person for the unexpired term in accordance with the provisions of this subsection. ]

(d) The [panel] panels established pursuant to subsection (c) of this section shall not be deemed to be a board or commission within the meaning of section 4-9a, as amended. Such [panel] panels shall be the selection panel only for Connecticut Health and Education Facilities Authority projects pursuant to section 10a-89b.

Sec. 24. Subsections (a) and (b) of section 4b-100a of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) The Department of Public Works shall establish construction services award panels which shall each consist of six members: Three of whom shall be appointed by the Commissioner of Public Works, [and] shall be current employees of the Department of Public Works, [; two of whom] and shall serve only for deliberations involving the project for which such members were appointed. Two members shall be appointed by the department head of the user agency; and one [of whom who] shall be a neutral party appointed by the commissioner. [The members of each award panel appointed by the Commissioner of Public Works shall serve for terms of one year from July first. If any vacancy occurs on the panel, the Commissioner of Public Works or the head or acting head of the user agency, as appropriate, shall appoint a person for the unexpired term in accordance with the provisions of this subsection. ]

(b) A panel established pursuant to this section shall not be deemed to be a board or commission within the meaning of section 4-9a, as amended. Such panels shall be the award panels for any contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building for the state pursuant to [sections 4b-91 to 4b-100, inclusive,] subsection (g) of section 4b-91, as amended, and section 4b-24.

Sec. 25. Subsection (b) of section 4-252 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(b) The official or employee of such state agency or quasi-public agency who is authorized to execute said contract shall certify that the selection of the most qualified or highest ranked person, firm or corporation was not the result of collusion, the giving of a gift or the promise of a gift, compensation, fraud or inappropriate influence from any person. In making such certification, the official or employee authorized to execute said contract may rely on certifications from agency personnel who were involved in the selection process that such personnel's participation in the selection process or their ranking of persons, firms or corporations was not the result of collusion, the giving of a gift or the promise of a gift, compensation, fraud or inappropriate influence from any person, firm or corporation.

Sec. 26. (NEW) (Effective from passage) The Ballroom Polka, as composed by Ray Henry Mocarski, shall be the state polka.

Sec. 27. Section 7-38 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The town clerk of any town who is, ex officio, registrar of vital statistics in such town, and the registrar of vital statistics of any town who is elected under a special law or otherwise appointed pursuant to law, may, unless otherwise provided by charter or ordinance, appoint in writing suitable persons [, not exceeding four in number,] as assistant registrars of vital statistics, who, on being sworn, shall have the powers and perform the duties of such registrar during the time for which they are appointed, not extending beyond the term of office of such registrar. Within ten days after a town clerk or registrar of vital statistics appoints an assistant registrar of vital statistics, the town clerk or registrar of vital statistics shall file a notice of such appointment with the Secretary of the State, indicating the name and address of the person appointed, the date and method of such appointment and the law under which the appointment was made. Within ten days after a vacancy occurs in the office of assistant registrar of vital statistics, the town clerk or registrar of vital statistics shall notify the Secretary of the State of such vacancy.

Sec. 28. (Effective from passage) The Commissioner of Administrative Services shall conduct a study of the compensation received by employees of the Freedom of Information Commission and report the commissioner's findings to the joint standing committee of the General Assembly having cognizance of matters relating to government administration not later than January 1, 2007.

Sec. 29. Section 7-545 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2006):

(a) As used in this section: [and section 7-546: ]

(1) "Secretary" means the Secretary of the Office of Policy and Management;

(2) "Municipality" means any town, consolidated town and city or consolidated town and borough;

(3) "Per capita income" [and "population"] for each town means that enumerated in the most recent federal decennial census of population or that enumerated in the current population report series issued by the United States Department of Commerce, Bureau of the Census, whichever is more recent and available on January first of the fiscal year [three] two years prior to the fiscal year in which [payment is to be made pursuant to this section] the eligibility index is prepared pursuant to subsection (b) of this section;

(4) "Adjusted equalized net grand list per capita" means the most recent adjusted equalized net grand list per capita determined for each town pursuant to section 10-261;

(5) "Equalized mill rate" means the tax rate derived from the most recent available grand levy of a town divided by the equalized net grand list on which such levy is based as determined by the secretary in accordance with section 10-261a;

(6) "Per capita temporary family assistance" means the number obtained by adding together the unduplicated aggregate number of children eligible to receive benefits by town under the temporary family assistance program in October and May of each fiscal year, and dividing by two, such number to be certified and submitted annually, no later than the first day of July of the succeeding fiscal year, to the secretary by the Commissioner of Social Services. Such number shall be expressed as a percentage of the population of a town;

(7) "Unemployment rate" means the average unemployment rate of a town as reported by the Labor Commissioner on the first day of July for the latest available twelve-month period;

(8) "Eligibility index" is a measure of local burden determined by calculating a town's disparity in relation to all municipalities. Points shall be allocated for each of the following factors: (A) Per capita income, (B) adjusted equalized net grand list per capita, (C) equalized mill rate, (D) per capita temporary family assistance, and (E) unemployment rate. For each factor the variance shall be the difference between the first percentile and the one-hundredth percentile town factors. In calculating the eligibility index for unemployment rate, per capita temporary family assistance and equalized mill rate, the factor for the first percentile town shall be subtracted from the factor for the town and the result divided by the variance and multiplied by one hundred. In calculating the eligibility index for per capita income and adjusted equalized net grand list per capita, the factor for the first percentile town shall be subtracted from the factor for the town and the result shall be divided by the variance and multiplied by one hundred. The product of such multiplication shall then be subtracted from one hundred. The index points for all factors shall be totalled by town resulting in the overall eligibility index. The eligibility index listing shall be ranked for all towns from highest to lowest points according to need;

(9) "Public investment communities" are municipalities requiring financial assistance to offset their service burdens with eligibility defined as one which is in the top quartile of the "eligibility index" scale;

(10) "Grand levy" means the mill rate of the town multiplied by the net taxable grand list of the town and includes the value of special service districts if such districts contain fifty per cent or more of the value of total taxable property within the town;

(11) "Population" of a town means that enumerated in the most recent federal decennial census of the population or that enumerated in the current population report series issued by the United States Department of Commerce, Bureau of the Census available on January first of the fiscal year two years prior to the fiscal year in which the eligibility index is prepared pursuant to subsection (b) of this section, whichever is most recent, except that for any town whose enumerated population residing in state or federal institutions within such town and attributed to such town by the census exceeds forty per cent of the population of such town, "population" shall not include persons who are incarcerated or in custodial situations, including, but not limited to jails, prisons, hospitals or training schools or persons who reside in dormitory facilities in schools, colleges, universities or military bases.

(b) On or before July 15, 1994, and annually thereafter, the secretary shall prepare the eligibility index for Connecticut municipalities. A municipality shall continue to be a public investment community for the fiscal year in which such municipality is not included in the top quartile of the eligibility index scale and for the following four fiscal years.

Sec. 30. (NEW) (Effective from passage) (a) This section shall be known as the "Steven Saucier Act. "

(b) Any general statute, local law, ordinance, charter or regulation adopted by the state or any political subdivision of the state that refers to persons with disabilities shall utilize language that does not: (1) Imply that such persons are disabled as a whole, (2) equate persons with their condition, or (3) have negative overtones or have a derogatory or demeaning effect.

Sec. 31. Section 1-210 of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212. Any agency rule or regulation, or part thereof, that conflicts with the provisions of this subsection or diminishes or curtails in any way the rights granted by this subsection shall be void. Each such agency shall keep and maintain all public records in its custody at its regular office or place of business in an accessible place and, if there is no such office or place of business, the public records pertaining to such agency shall be kept in the office of the clerk of the political subdivision in which such public agency is located or of the Secretary of the State, as the case may be. Any certified record hereunder attested as a true copy by the clerk, chief or deputy of such agency or by such other person designated or empowered by law to so act, shall be competent evidence in any court of this state of the facts contained therein. Each such agency shall make, keep and maintain a record of the proceedings of its meetings.

(b) Nothing in the Freedom of Information Act shall be construed to require disclosure of:

(1) Preliminary drafts or notes provided the public agency has determined that the public interest in withholding such documents clearly outweighs the public interest in disclosure;

(2) Personnel or medical files and similar files the disclosure of which would constitute an invasion of personal privacy;

(3) Records of law enforcement agencies not otherwise available to the public which records were compiled in connection with the detection or investigation of crime, if the disclosure of said records would not be in the public interest because it would result in the disclosure of (A) the identity of informants not otherwise known or the identity of witnesses not otherwise known whose safety would be endangered or who would be subject to threat or intimidation if their identity was made known, (B) signed statements of witnesses, (C) information to be used in a prospective law enforcement action if prejudicial to such action, (D) investigatory techniques not otherwise known to the general public, (E) arrest records of a juvenile, which shall also include any investigatory files, concerning the arrest of such juvenile, compiled for law enforcement purposes, (F) the name and address of the victim of a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, or injury or risk of injury, or impairing of morals under section 53-21, or of an attempt thereof, or (G) uncorroborated allegations subject to destruction pursuant to section 1-216;

(4) Records pertaining to strategy and negotiations with respect to pending claims or pending litigation to which the public agency is a party until such litigation or claim has been finally adjudicated or otherwise settled;

(5) (A) Trade secrets, which for purposes of the Freedom of Information Act, are defined as information, including formulas, patterns, compilations, programs, devices, methods, techniques, processes, drawings, cost data, or customer lists that (i) derive independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from their disclosure or use, and (ii) are the subject of efforts that are reasonable under the circumstances to maintain secrecy; and

(B) Commercial or financial information given in confidence, not required by statute;

(6) Test questions, scoring keys and other examination data used to administer a licensing examination, examination for employment or academic examinations;

(7) The contents of real estate appraisals, engineering or feasibility estimates and evaluations made for or by an agency relative to the acquisition of property or to prospective public supply and construction contracts, until such time as all of the property has been acquired or all proceedings or transactions have been terminated or abandoned, provided the law of eminent domain shall not be affected by this provision;

(8) Statements of personal worth or personal financial data required by a licensing agency and filed by an applicant with such licensing agency to establish the applicant's personal qualification for the license, certificate or permit applied for;

(9) Records, reports and statements of strategy or negotiations with respect to collective bargaining;

(10) Records, tax returns, reports and statements exempted by federal law or state statutes or communications privileged by the attorney-client relationship;

(11) Names or addresses of students enrolled in any public school or college without the consent of each student whose name or address is to be disclosed who is eighteen years of age or older and a parent or guardian of each such student who is younger than eighteen years of age, provided this subdivision shall not be construed as prohibiting the disclosure of the names or addresses of students enrolled in any public school in a regional school district to the board of selectmen or town board of finance, as the case may be, of the town wherein the student resides for the purpose of verifying tuition payments made to such school;

(12) Any information obtained by the use of illegal means;

(13) Records of an investigation or the name of an employee providing information under the provisions of section 4-61dd;

(14) Adoption records and information provided for in sections 45a-746, 45a-750 and 45a-751;

(15) Any page of a primary petition, nominating petition, referendum petition or petition for a town meeting submitted under any provision of the general statutes or of any special act, municipal charter or ordinance, until the required processing and certification of such page has been completed by the official or officials charged with such duty after which time disclosure of such page shall be required;

(16) Records of complaints, including information compiled in the investigation thereof, brought to a municipal health authority pursuant to chapter 368e or a district department of health pursuant to chapter 368f, until such time as the investigation is concluded or thirty days from the date of receipt of the complaint, whichever occurs first;

(17) Educational records which are not subject to disclosure under the Family Educational Rights and Privacy Act, 20 USC 1232g;

(18) Records, the disclosure of which the Commissioner of Correction, or as it applies to Whiting Forensic Division facilities of the Connecticut Valley Hospital, the Commissioner of Mental Health and Addiction Services, has reasonable grounds to believe may result in a safety risk, including the risk of harm to any person or the risk of an escape from, or a disorder in, a correctional institution or facility under the supervision of the Department of Correction or Whiting Forensic Division facilities. Such records shall include, but are not limited to:

(A) Security manuals, including emergency plans contained or referred to in such security manuals;

(B) Engineering and architectural drawings of correctional institutions or facilities or Whiting Forensic Division facilities;

(C) Operational specifications of security systems utilized by the Department of Correction at any correctional institution or facility or Whiting Forensic Division facilities, except that a general description of any such security system and the cost and quality of such system may be disclosed;

(D) Training manuals prepared for correctional institutions and facilities or Whiting Forensic Division facilities that describe, in any manner, security procedures, emergency plans or security equipment;

(E) Internal security audits of correctional institutions and facilities or Whiting Forensic Division facilities;

(F) Minutes or recordings of staff meetings of the Department of Correction or Whiting Forensic Division facilities, or portions of such minutes or recordings, that contain or reveal information relating to security or other records otherwise exempt from disclosure under this subdivision;

(G) Logs or other documents that contain information on the movement or assignment of inmates or staff at correctional institutions or facilities; and

(H) Records that contain information on contacts between inmates, as defined in section 18-84, and law enforcement officers;

(19) Records when there are reasonable grounds to believe disclosure may result in a safety risk, including the risk of harm to any person, any government-owned or leased institution or facility or any fixture or appurtenance and equipment attached to, or contained in, such institution or facility, except that such records shall be disclosed to a law enforcement agency upon the request of the law enforcement agency. Such reasonable grounds shall be determined (A) with respect to records concerning any executive branch agency of the state or any municipal, district or regional agency, by the Commissioner of Public Works, after consultation with the chief executive officer of the agency; (B) with respect to records concerning Judicial Department facilities, by the Chief Court Administrator; and (C) with respect to records concerning the Legislative Department, by the executive director of the Joint Committee on Legislative Management. As used in this section, "government-owned or leased institution or facility" includes, but is not limited to, an institution or facility owned or leased by a public service company, as defined in section 16-1, as amended, a certified telecommunications provider, as defined in section 16-1, as amended, a water company, as defined in section 25-32a, or a municipal utility that furnishes electric, gas or water service, but does not include an institution or facility owned or leased by the federal government, and "chief executive officer" includes, but is not limited to, an agency head, department head, executive director or chief executive officer. Such records include, but are not limited to:

(i) Security manuals or reports;

(ii) Engineering and architectural drawings of government-owned or leased institutions or facilities;

(iii) Operational specifications of security systems utilized at any government-owned or leased institution or facility, except that a general description of any such security system and the cost and quality of such system, may be disclosed;

(iv) Training manuals prepared for government-owned or leased institutions or facilities that describe, in any manner, security procedures, emergency plans or security equipment;

(v) Internal security audits of government-owned or leased institutions or facilities;

(vi) Minutes or records of meetings, or portions of such minutes or records, that contain or reveal information relating to security or other records otherwise exempt from disclosure under this subdivision;

(vii) Logs or other documents that contain information on the movement or assignment of security personnel at government-owned or leased institutions or facilities;

(viii) Emergency plans and emergency recovery or response plans; and

(ix) With respect to a water company, as defined in section 25-32a, that provides water service: Vulnerability assessments and risk management plans, operational plans, portions of water supply plans submitted pursuant to section 25-32d that contain or reveal information the disclosure of which may result in a security risk to a water company, inspection reports, technical specifications and other materials that depict or specifically describe critical water company operating facilities, collection and distribution systems or sources of supply;

(20) Records of standards, procedures, processes, software and codes, not otherwise available to the public, the disclosure of which would compromise the security or integrity of an information technology system;

(21) The residential, work or school address of any participant in the address confidentiality program established pursuant to sections 54-240 to 54-240o, inclusive;

(22) The electronic mail address of any person that is obtained by the Department of Transportation in connection with the implementation or administration of any plan to inform individuals about significant highway or railway incidents; and

(23) Responses to any procurement request for proposals or bid solicitation by a public agency or any records or files made in connection with a contract award process by any public agency until the contract is awarded or until negotiations for the award of such contract have ended, whichever occurs first, provided the chief officer of such public agency certifies that the public interest in disclosure of such responses, records or files is outweighed by the public interest in confidentiality of such responses, records or files.

(c) Whenever a public agency receives a request from any person confined in a correctional institution or facility or a Whiting Forensic Division facility, for disclosure of any public record under the Freedom of Information Act, the public agency shall promptly notify the Commissioner of Correction or the Commissioner of Mental Health and Addiction Services in the case of a person confined in a Whiting Forensic Division facility of such request, in the manner prescribed by the commissioner, before complying with the request as required by the Freedom of Information Act. If the commissioner believes the requested record is exempt from disclosure pursuant to subdivision (18) of subsection (b) of this section, the commissioner may withhold such record from such person when the record is delivered to the person's correctional institution or facility or Whiting Forensic Division facility.

(d) Whenever a public agency, except the Judicial Department or Legislative Department, receives a request from any person for disclosure of any records described in subdivision (19) of subsection (b) of this section under the Freedom of Information Act, the public agency shall promptly notify the Commissioner of Public Works of such request, in the manner prescribed by the commissioner, before complying with the request as required by the Freedom of Information Act and for information related to a water company, as defined in section 25-32a, the public agency shall promptly notify the water company before complying with the request as required by the Freedom of Information Act. If the commissioner, after consultation with the chief executive officer of the applicable agency or after consultation with the chief executive officer of the applicable water company for information related to a water company, as defined in section 25-32a, believes the requested record is exempt from disclosure pursuant to subdivision (19) of subsection (b) of this section, the commissioner may direct the agency to withhold such record from such person. In any appeal brought under the provisions of section 1-206 of the Freedom of Information Act for denial of access to records for any of the reasons described in subdivision (19) of subsection (b) of this section, such appeal shall be against the Commissioner of Public Works, exclusively, or, in the case of records concerning Judicial Department facilities, the Chief Court Administrator or, in the case of records concerning the Legislative Department, the executive director of the Joint Committee on Legislative Management.

(e) Notwithstanding the provisions of subdivisions (1) and (16) of subsection (b) of this section, disclosure shall be required of:

(1) Interagency or intra-agency memoranda or letters, advisory opinions, recommendations or any report comprising part of the process by which governmental decisions and policies are formulated, except disclosure shall not be required of a preliminary draft of a memorandum, prepared by a member of the staff of a public agency, which is subject to revision prior to submission to or discussion among the members of such agency;

(2) All records of investigation conducted with respect to any tenement house, lodging house or boarding house as defined in section 19a-355, or any nursing home, residential care home or rest home, as defined in section 19a-490, by any municipal building department or housing code inspection department, any local or district health department, or any other department charged with the enforcement of ordinances or laws regulating the erection, construction, alteration, maintenance, sanitation, ventilation or occupancy of such buildings; and

(3) The names of firms obtaining bid documents from any state agency.

Sec. 32. Subsection (d) of section 9-23g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) (1) Except as otherwise provided in this subsection, the privileges of an elector for any applicant for admission under this section and section 9-23h, as amended, shall attach immediately upon approval by the registrar, and the registrars shall enter the name of the elector on the registry list.

(2) Except as provided in subdivision (3) of this subsection, if a mailed application is postmarked, or if a delivered application is received in the office of the registrars of voters, after the fourteenth day before an election or after the fifth day before a primary, the privileges of an elector shall not attach until the day after such election or primary, as the case may be. In such event, the registrars of voters may cause such applicant to be contacted, either by telephone or mail, in order to inform such applicant of the effect of such late received mail-in application and any applicable deadline for applying for admission in person.

(3) If an application is received after the fourteenth day before an election or after the fifth day before a primary by the Commissioner of Motor Vehicles or by a voter registration agency, the privileges of an elector shall not attach until the day after the election or primary, as the case may be, or on the day the registrar approves it, whichever is later.

(4) If on the day of an election or primary, the name of an applicant does not appear on the official check list, such applicant may present to the moderator at the polls either a notice of acceptance received through the mail or an application receipt that was previously provided to the applicant pursuant to section 9-19e, subsection (b) of section 9-19h, subsection (b) of this section or section 9-23n. If an applicant presents said notice or receipt, and either the registrars of voters find the original application or the applicant submits a new application at the polls, the registrar, or assistant registrar upon notice to and approval by the registrar, shall add such person's name and address to the official check list on such day and the person shall be allowed to vote if otherwise eligible to vote and the person presents to the checkers at the polling place a preprinted form of identification pursuant to subparagraph (A) of subdivision (2) of subsection (a) of section 9-261.

Sec. 33. Subsection (a) of section 9-7a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is established a State Elections Enforcement Commission to consist of five members, not more than two of whom shall be members of the same political party and at least one of whom shall not be affiliated with any political party. Of the members first appointed hereunder, one shall be appointed by the minority leader of the House of Representatives and shall hold office for a term of one year from July 1, 1974; one shall be appointed by the minority leader of the Senate and shall hold office for a term of three years from said July first; one shall be appointed by the speaker of the House of Representatives and shall hold office for a term of one year from said July first; one shall be appointed by the president pro tempore of the Senate and shall hold office for a term of three years from said July first, and one shall be appointed by the Governor, provided that such member shall not be affiliated with any political party, and shall hold office for a term of five years from said July first. Thereafter, members shall be appointed for terms of five years from July first in the year of their appointment and shall be appointed by the person holding the same office as was held by the person making the original appointment, provided any person chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. All appointments shall be made with the consent of the state Senate and House of Representatives, provided the initial appointees may serve without confirmation from July 1, 1974, subject to approval at the next regular session of the General Assembly. No person who has served within the previous three years as a public official, other than a member of the State Elections Enforcement Commission, or who has served within the previous three years as a political party officer, shall be appointed to membership on the commission. For purposes of this subsection the term "public official" means an individual who holds or has held a state, district or municipal office as defined in section 9-372 but shall not include a justice of the peace or a notary public and the term "political party officer" means an officer or member of a national committee of a political party, state central or town committee, or any person employed by any such committee for compensation. The commission shall elect one of its members to serve as chairperson and another member to serve as vice-chairperson. Each member of the commission shall be compensated at the rate of [fifty] two hundred dollars per day for any day on which he participates in a regular commission meeting or hearing, and shall be paid by the state for his reasonable expenses, including necessary stenographic and clerical help.

Sec. 34. Subsection (f) of section 1-80 of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(f) Members of the board shall be compensated at the rate of [fifty] two hundred dollars per day for each day they attend a meeting or hearing and shall receive reimbursement for their necessary expenses incurred in the discharge of their official duties.

Sec. 35. Subsection (b) of section 1-205 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Each member shall receive [fifty] two hundred dollars per day for each day such member is present at a commission hearing or meeting, and shall be entitled to reimbursement for actual and necessary expenses incurred in connection therewith, in accordance with the provisions of section 4-1.

Sec. 36. Section 34-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

As used in sections 34-100 to 34-242, inclusive, unless the context otherwise requires:

(1) "Address" means a location as described by the full street number, if any, street, city or town, state or county and not a mailing address such as a post office box.

(2) "Articles of organization" means articles filed under section 34-121, and those articles as amended or restated.

(3) "Corporation" means a corporation formed under the laws of this state or a foreign corporation.

(4) "Court" includes every court having jurisdiction in the case.

(5) "Electronic transmission" or "electronically transmitted" means any process of communication that is suitable for the retention, retrieval and reproduction of information by the recipient and which does not directly involve the physical transfer of paper.

(6) "Event of dissociation" means an event that causes a person to cease to be a member, as provided in section 34-180.

(7) "Foreign corporation" means a corporation formed under the laws of any state other than this state or under the laws of any foreign country.

(8) "Foreign limited liability company" means an entity that is: (A) Organized under the laws of a state other than the laws of this state or under the laws of any foreign country; (B) organized under a statute pursuant to which an entity denominated as a limited liability company may be formed that affords to each of its members limited liability with respect to the liabilities of the entity; and (C) is not required to be registered or organized under any statute of this state other than sections 34-100 to 34-242, inclusive.

(9) "Foreign limited partnership" means a limited partnership formed under the laws of any state other than this state or under the laws of any foreign country.

(10) "Limited liability company" or "domestic limited liability company" means an organization having one or more members that is formed under sections 34-100 to 34-242, inclusive.

(11) "Limited liability company membership interest" or "interest" or "interest in the limited liability company" means a member's share of the profits and losses of the limited liability company and a member's right to receive distributions of the limited liability company's assets, unless otherwise provided in the operating agreement.

(12) "Limited partnership" means a limited partnership formed under the laws of this state or a foreign limited partnership.

(13) "Manager" or "managers" means, with respect to a limited liability company that has set forth in its articles of organization that it is to be managed by managers, the person or persons designated in accordance with section 34-140.

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

(15) "Operating agreement" means any agreement, written or oral, as to the conduct of the business and affairs of a limited liability company, which is binding upon all of the members.

(16) "Organizational documents" means the basic document or documents that create, or determine the internal governance of, an other entity.

(17) "Organizer" or "organizers" means any member or members or any other person or persons who files or file the articles of organization as provided in section 34-120.

(18) "Other entity" means any association or legal entity, other than a domestic or foreign limited liability company, organized to conduct business, including, but not limited to, a corporation, general partnership, limited liability partnership, limited partnership, joint venture, joint stock company, business trust, statutory trust and real estate investment trust.

(19) "Party to a consolidation" means any domestic or foreign limited liability company or other entity that will consolidate under a plan of consolidation.

(20) "Party to a merger" means any domestic or foreign limited liability company or other entity that will merge under a plan of merger.

(21) "Person" means an individual, a general partnership, a limited partnership, a domestic or foreign limited liability company, a trust, an estate, an association, a corporation or any other legal or commercial entity.

(22) "Plan of merger" or "plan of consolidation" means a plan entered into pursuant to section 34-195.

(23) "Professional service" means any type of service to the public that requires that members of a profession rendering such service obtain a license or other legal authorization as a condition precedent to the rendition thereof, limited to the professional services rendered by dentists, natureopaths, chiropractors, physicians and surgeons, doctors of dentistry, physical therapists, occupational therapists, podiatrists, optometrists, nurses, nurse-midwives, veterinarians, pharmacists, architects, professional engineers, or jointly by architects and professional engineers, landscape architects, real estate brokers, insurance producers, certified public accountants and public accountants, land surveyors, psychologists, attorneys-at-law, licensed marital and family therapists, licensed professional counselors, licensed or certified alcohol and drug counselors and licensed clinical social workers.

(24) "Sign" or "signature" includes any manual, facsimile or conformed signature.

(25) "State" means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.

(26) "Survivor" means, in a merger or consolidation, the limited liability company or other entity into which one or more other limited liability companies or other entities are merged or consolidated.

(27) "Electronic transmission" or "electronically transmitted" means any process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval and reproduction of information by the recipient.

Sec. 37. Section 34-301 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

As used in sections 34-300 to [34-399] 34-434, inclusive:

(1) "Business" includes every trade, occupation and profession.

(2) "Debtor in bankruptcy" means a person who is the subject of: (A) An order for relief under Title 11 of the United States Code or a comparable order under a successor statute of general application; or (B) a comparable order under federal, state or foreign law governing insolvency.

(3) "Distribution" means a transfer of money or other property from a partnership to a partner in the partner's capacity as a partner or to the partner's transferee.

(4) "Foreign registered limited liability partnership" includes a partnership formed pursuant to an agreement governed by the laws of any state other than this state and registered or denominated as a registered limited liability partnership or limited liability partnership under the laws of such other state.

(5) "Interests" means the proprietary interests in an other entity.

(6) "Merger" means a business combination pursuant to section 34-388.

(7) "Organizational documents" means the basic document or documents that create, or determine the internal governance of, an other entity.

(8) "Other entity" means any association or legal entity, other than a domestic or foreign partnership, organized to conduct business, including, but not limited to, a corporation, limited partnership, limited liability partnership, limited liability company, joint venture, joint stock company, business trust, statutory trust and real estate investment trust.

(9) "Partnership" means an association of two or more persons to carry on as co-owners a business for profit formed under section 34-314, predecessor law or comparable law of another jurisdiction, and includes for all purposes of the laws of this state a registered limited liability partnership.

(10) "Partnership agreement" means the agreement, whether written, oral or implied, among the partners concerning the partnership, including amendments to the partnership agreement.

(11) "Partnership at will" means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking.

(12) "Partnership interest" or "partner's interest in the partnership" means all of a partner's interests in the partnership, including the partner's transferable interest and all management and other rights.

(13) "Party to a merger" means any domestic or foreign partnership or other entity that will merge under a plan of merger.

(14) "Person" means an individual, corporation, limited liability company, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

(15) "Plan of merger" means a plan entered into pursuant to section 34-388.

(16) "Property" means all property, real, personal or mixed, tangible or intangible, or any interest therein.

(17) "Registered limited liability partnership" includes a partnership formed pursuant to an agreement governed by the laws of this state, registered under section 34-419, and complying with sections 34-406 and 34-420.

(18) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States.

(19) "Statement" means a statement of partnership authority under section 34-324, a statement of denial under section 34-325, a statement of dissociation under section 34-365, a statement of dissolution under section 34-376, a statement of merger under section 34-390, or an amendment or cancellation of any of the foregoing.

(20) "Survivor" in a merger means the partnership or other entity into which one or more other partnerships or other entities are merged or consolidated. A survivor of a merger may preexist the merger or be created by the merger.

(21) "Transfer" includes an assignment, conveyance, lease, mortgage, deed and encumbrance.

Sec. 38. (NEW) (Effective from passage) Notwithstanding any provision of the general statutes, if the Commissioner of Public Works requires any person submitting a bid related to the construction, reconstruction, alteration, remodeling, repair or demolition of any public building for work by the state having a cost to the state of five million dollars or more to obtain a cost analysis of such project, such cost analysis shall be prepared by a certified professional estimator certified by the American Society of Professional Estimators or such other professional organization recognized by the commissioner.

Sec. 39. Section 7-29 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2007):

When any town clerk has recorded any instrument that the town clerk knows to be a release, partial release or assignment of a mortgage or lien recorded on the records of such town, the town clerk shall make a notation on the first page where such mortgage or lien is recorded, stating the book and page where such release, partial release or assignment is recorded. If the land records are not maintained in a paper form, the town clerk shall make the notation on the digitized image of the first page of such mortgage or lien in a form or manner approved by the Public Records Administrator. Nothing in this section shall require the town clerk with whom such release, partial release or assignment was recorded to note such release, partial release or assignment whenever such town clerk maintains a computerized searchable grantor and grantee index covering the period in which such release, partial release or assignment was recorded.

Sec. 40. Section 9-232e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

Any person requesting a challenged ballot and entitled thereto shall announce his name to the checkers who shall [cross his name off the registry list and add it with his address to the end of the official list where it shall be designated "Challenged Ballot" and serially numbered] write before such person's name "CB" for Challenged Ballot and not marked as voting in person on the voting machine. The challenged ballot shall be an absentee ballot. After the voter has so announced his name, the moderator shall deliver to such voter a challenged ballot together with an envelope marked "Challenged Ballot" and serially numbered. The challenged voter shall forthwith mark the ballot in the presence of the [moderator] polling place officials in such manner that the [moderator] polling place officials shall not know how the ballot is marked. He shall then fold the ballot in the presence of the [moderator] polling place officials so as to conceal the markings and deposit and seal it in the serially-numbered envelope. He shall then deliver such envelope to the moderator. The moderator shall retain all such envelopes in an envelope prescribed by the Secretary of the State and provided by the municipal clerk which he shall seal immediately following the close of the polls.

Sec. 41. Section 9-263 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

If any voting machine used in any voting district, during the time the polls are open, becomes damaged so as to render it inoperative in whole or in part, the moderator shall immediately give notice thereof to the registrars of voters under whose direction the machine was prepared under section 9-243 and such registrars, if possible, shall substitute a perfect machine for the damaged machine, and, at the close of the polls, the records of both machines shall be taken and the votes shown on their counters shall be added together in ascertaining and determining the result of the election. If no other machine is in use in the polling place such registrars shall immediately permit the use by the electors of emergency paper ballots provided by the municipal clerk to the moderator pursuant to section 9-259. Such ballots shall be received by the election officials and placed by them in a receptacle to be provided therefor and counted with the votes registered on the voting machine and the result declared in the same manner as if there had been no accident to the voting machine. The emergency paper ballot shall be an absentee ballot. Emergency paper ballots shall be cast in the following manner. The elector shall announce the elector's name to the official checkers who shall [cross the elector's name off the registry list and add it with the elector's address to the end of] mark the official checklist with "EPB" in front of the elector's name to [where it shall] be designated "Emergency Paper Ballot". [or "EPB" and serially numbered. ] After the elector has so announced the elector's name, the moderator shall deliver to such elector an emergency paper ballot together with the serially numbered envelope. The elector shall forthwith mark the ballot in the presence of the [moderator] polling place officials in such manner that the [moderator] polling place officials shall not know how the ballot is marked. The elector shall then fold the ballot in the presence of the [moderator] polling place officials so as to conceal the markings and deposit and seal it in the serially numbered envelope. The elector shall then deliver the envelope to the moderator who shall place it in a specially designated depository envelope. The emergency paper ballots thus received shall be counted at the next scheduled absentee ballot count in the same manner as other absentee ballots, provided no such ballot may be counted unless all provisions of this section have been complied with. Such ballots so counted shall be preserved by replacing them into the special depository envelopes along with a certificate signed by the moderator and registrars of voters setting forth the circumstances under which such emergency paper ballots were cast. Use of emergency paper ballots shall be discontinued immediately upon replacement or repair of at least one machine, provided no repair shall be made on a voting machine on which any vote was cast, unless such repair would not affect the manner in which votes are recorded on such machine, as provided in subsection (b) of section 9-246.

Sec. 42. Section 9-264 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006):

(a) An elector who requires assistance to vote, by reason of blindness, disability or inability to write or to read the ballot, may be given assistance by a person of the elector's choice, other than (1) the elector's employer, (2) an agent of such employer, or (3) an officer or agent of the elector's union. The person assisting the elector may accompany the elector into the voting machine booth. Such person shall register such elector's vote upon the machine as such elector directs. Any person accompanying an elector into the voting machine booth who deceives any elector in registering his vote under this section or seeks to influence any elector while in the act of voting, or who registers any vote for any elector or on any question other than as requested by such elector, or who gives information to any person as to what person or persons such elector voted for, or how he voted on any question, shall be fined not more than one thousand dollars or imprisoned not more than five years or both.

(b) Paper ballots provided by the municipal clerk to the moderator pursuant to section 9-259 shall be made available for electors with disabilities in polling places in which a voting machine cannot be adjusted to allow all necessary parts to be reached from a chair. Such paper ballots shall be used at the option of the elector with disabilities. The elector shall announce the elector's name to the official checkers who shall [cross the elector's name off the registry list and add it with the elector's address to the end of the official checklist where it shall be] mark the official checklist with "PBD" in front of the elector's name to be designated "paper ballot for persons with disabilities". [or "PBD" and serially numbered. ] After the elector has so announced the elector's name, the moderator shall deliver to the elector an absentee ballot and a serially-numbered envelope. The elector shall forthwith mark the ballot in the presence of the [moderator] polling place officials in such manner that the [moderator] polling place officials shall not know how the ballot is marked. The elector shall fold the ballot in the presence of the [moderator] polling place officials so as to conceal the markings and deposit and seal it in the serially-numbered envelope. The elector shall deliver the envelope to the moderator who shall place it in a specially-designated depository envelope. The paper ballots thus received shall be counted at the next scheduled absentee ballot count in the same manner as other absentee ballots. Such ballots so counted shall be preserved by placing them in the depository envelopes with the regular absentee ballots, and such serially-numbered envelopes shall be placed in the depository envelopes with the regular absentee ballot envelopes.

Sec. 43. Section 7-546 of the general statutes is repealed. (Effective from passage)"

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

4b-91(b)

Sec. 2

October 1, 2006

49-41(a)

Sec. 3

from passage

3-37(a)

Sec. 4

from passage

9-242c

Sec. 5

from passage

New section

Sec. 6

from passage

New section

Sec. 7

January 1, 2007

52-380d(b)

Sec. 8

January 1, 2007

7-25

Sec. 9

January 1, 2007

7-24(c)

Sec. 10

October 1, 2006

33-617(a)

Sec. 11

October 1, 2006

33-1013(a)

Sec. 12

October 1, 2006

34-9

Sec. 13

October 1, 2006

34-38n(a)

Sec. 14

October 1, 2006

34-112(a)

Sec. 15

October 1, 2006

34-301

Sec. 16

from October 1, 2006

34-413(a)

Sec. 17

from passage

New section

Sec. 18

from passage

10-29a(a)

Sec. 19

from passage

4-250

Sec. 20

October 1, 2006

New section

Sec. 21

from passage

3-117(c)

Sec. 22

from passage

4a-57a

Sec. 23

July 1, 2006

4b-56

Sec. 24

July 1, 2006

4b-100a(a) and (b)

Sec. 25

July 1, 2006

4-252(b)

Sec. 26

from passage

New section

Sec. 27

from passage

7-38

Sec. 28

from passage

New section

Sec. 29

July 1, 2006

7-545

Sec. 30

from passage

New section

Sec. 31

from passage

1-210

Sec. 32

from passage

9-23g(d)

Sec. 33

from passage

9-7a(a)

Sec. 34

from passage

1-80(f)

Sec. 35

from passage

1-205(b)

Sec. 36

October 1, 2006

34-101

Sec. 37

October 1, 2006

34-301

Sec. 38

from passage

New section

Sec. 39

January 1, 2007

7-29

Sec. 40

October 1, 2006

9-232e

Sec. 41

October 1, 2006

9-263

Sec. 42

October 1, 2006

9-264

Sec. 43

from passage

Repealer section