Journal of the Senate 05/31/2007

The prayer was offered by the Deputy Chaplain, Reverend Dr. Barbara Headley of Hartford, Connecticut.

Almighty God, we thank you for this day and for the gathering of our state senators as they labor to complete the work of this year's session. As the Senate continues to address the pressing issues and concerns of our state, keep their minds clear and focused that they may work together. We pray also for our military personnel who are serving over seas and at home and for their families. Help us to give comfort and support of those who have lost loves ones. We pray that you will give continue guidance to our national leaders, our president, our congress, our governor, and all our local officials. Now may Your presence be with our Senate, their staff and all who serve to strengthen and bring prosperity and security to our state family. In your name we pray, Amen.

The following favorable report was received from the Joint Standing Committee indicated, the bill was read the second time and tabled for the calendar and printing.

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 1352 (RAISED) (File Nos. 400, 811 and 895) AN ACT CONCERNING YOUTH OPPORTUNITIES AND URBAN REVITALIZATION.

The following favorable reports of the Joint Standing Committees were received from the House, read the second time and tabled for the calendar.

APPROPRIATIONS. Substitute for H. B. No. 5676 (COMM) (File Nos. 636 and 901) AN ACT CONCERNING CHILDREN OF FAMILIES WITH SERVICE NEEDS. (As amended by House Amendment Schedule "A").

COMMERCE. Substitute for H. B. No. 7400 (RAISED) (File No. 716) AN ACT CONCERNING MOTION PICTURE TAX CREDITS. (As amended by House Amendment Schedule "A").

FINANCE, REVENUE AND BONDING. Substitute for H. B. No. 6856 (COMM) (File Nos. 422, 801 and 902) AN ACT CONCERNING A MUNICIPAL STORMWATER AUTHORITY PILOT PROGRAM, SPECIAL SERVICES DISTRICTS, CLEAN WATER FUND DISBURSEMENTS AND THE DEFINITION OF UNIMPROVED LAND FOR TAX PURPOSES. (As amended by House Amendment Schedule "A").

JUDICIARY. Substitute for H. B. No. 6897 (COMM) (File Nos. 640 and 903) AN ACT CONCERNING LIQUIDATED DAMAGES PROVISIONS IN CONTRACTS, REQUESTS FOR MORTGAGE PAYOFF STATEMENTS AND THE REPOSSESSION OF MOTOR VEHICLES IN BANKRUPTCY CASES. (As amended by House Amendment Schedules "A" and "B").

PUBLIC HEALTH. H. B. No. 7167 (RAISED) (File Nos. 334 and 904) AN ACT CONCERNING PROFESSIONAL LICENSES OF MEMBERS OF THE UNITED STATES ARMED FORCES AND THE CONNECTICUT NATIONAL GUARD. (As amended by House Amendment Schedule "A").

The following favorable reports were received from the House, read the second time and tabled for the calendar.

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 872 (COMM) (File Nos. 179 and 898) AN ACT CONCERNING THE CREATION OF A FARMLAND PRESERVATION ADVISORY BOARD, A STATE BUILDING CODE FOR AGRICULTURE, AND ZONING REGULATION OF FARMING. (As amended by Senate Amendment Schedule "A" and House Amendment Schedule "A").

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 1277 (RAISED) (File Nos. 272 and 900) AN ACT CONCERNING TOURISM DISTRICT REPRESENTATION AND THE CONNECTICUT MUSIC HALL OF FAME. (As amended by House Amendment Schedule "A").

JUDICIARY. Substitute for S. B. No. 1047 (RAISED) (File Nos. 590 and 899) AN ACT CONCERNING THE CONNECTICUT UNIFORM TRANSFERS TO MINORS ACT. (As amended by House Amendment Schedule "A").

The following favorable report was taken from the table, read the third time, the report of the Committee accepted and the bill passed.

APPROPRIATIONS. Substitute for S. B. No. 847 (RAISED) (File Nos. 6 and 869) AN ACT CONCERNING ADDITIONAL BENEFITS FOR WAGE LOSS UNDER THE WORKERS' COMPENSATION ACT.

Senator Debicella of the 21st offered Senate Amendment Schedule “A” (LCO 8409) and moved adoption.

Remarking were Senators Prague of the 19th request the vote be taken by roll call on the amendment, Fasano of the 34th and Meyer of the 12th.

Senator Looney of the 11th raised a Point of Order then withdrew his Point of Order.

Remarking were Senators Cappiello of the 24th, Colapietro of the 31st, Gomes of the 23rd and DeLuca of the 32nd.

On the roll call vote Senate Amendment Schedule “A” (LCO 8409) was rejected.

	N	1	JOHN W. FONFARA		N	19	EDITH G. PRAGUE
	N	2	ERIC D. COLEMAN		N	20	ANDREA STILLMAN
	N	3	GARY D. LEBEAU	Y		21	DAN DEBICELLA
	N	4	MARY ANN HANDLEY		N	22	BILL FINCH
	N	5	JONATHAN HARRIS		N	23	EDWIN A. GOMES
	N	6	DONALD J. DEFRONZO	Y		24	DAVID CAPPIELLO
	N	7	JOHN A. KISSEL		N	25	BOB DUFF
Y		8	THOMAS HERLIHY	Y		26	JUDITH G. FREEDMAN
	N	9	PAUL DOYLE		N	27	ANDREW J. MCDONALD
	N	10	TONI N. HARP	Y		28	JOHN MCKINNEY
	N	11	MARTIN M. LOONEY		N	29	DONALD E. WILLIAMS, JR.
	N	12	EDWARD MEYER	Y		30	ANDREW W. RORABACK
	N	13	THOMAS P. GAFFEY		N	31	THOMAS A. COLAPIETRO
	N	14	GAYLE SLOSSBERG	Y		32	LOUIS C. DELUCA
	N	15	JOAN V. HARTLEY		N	33	EILEEN M. DAILY
Y		16	SAM CALIGIURI	Y		34	LEONARD FASANO
	N	17	JOSEPH J. CRISCO, JR.	Y		35	ANTHONY GUGLIELMO
	N	18	ANDREW MAYNARD	Y		36	WILLIAM H. NICKERSON

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. (NEW) (Effective July 1, 2007, and applicable to income years commencing on or after January 1, 2007) (a) For purposes of this section, "employee" shall have the same meaning as in section 31-275 of the general statutes.

(b) There shall be allowed a credit against the tax imposed by chapter 207, 208 or 212 of the general statutes on any business that employs ten or more employees. The credit shall be in an amount equal to twenty per cent of such business's costs to maintain workers' compensation insurance as provided pursuant to section 31-284 of the general statutes.

(c) If the amount of the credit allowable under this section exceeds the sum of any taxes owed by the business, any such excess amount of the credit allowable under this section may be taken in any of the four succeeding income years.

(d) The Commissioner of Revenue Services may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to carry out the purposes of this section. "

Remarking were Senators Nickerson of the 36th, LeBeau of the 3rd, Kissel of the 7th, Cappiello of the 24th, Guglielmo of the 35th, Colapietro of the 31st, Roraback of the 30th, McKinney of the 28th, DeLuca of the 32nd and Looney of the 11th.

Y		1	JOHN W. FONFARA	Y		19	EDITH G. PRAGUE
Y		2	ERIC D. COLEMAN	Y		20	ANDREA STILLMAN
Y		3	GARY D. LEBEAU		N	21	DAN DEBICELLA
Y		4	MARY ANN HANDLEY	Y		22	BILL FINCH
	N	5	JONATHAN HARRIS	Y		23	EDWIN A. GOMES
Y		6	DONALD J. DEFRONZO		N	24	DAVID CAPPIELLO
Y		7	JOHN A. KISSEL	Y		25	BOB DUFF
	N	8	THOMAS HERLIHY		N	26	JUDITH G. FREEDMAN
Y		9	PAUL DOYLE	Y		27	ANDREW J. MCDONALD
Y		10	TONI N. HARP		N	28	JOHN MCKINNEY
Y		11	MARTIN M. LOONEY	Y		29	DONALD E. WILLIAMS, JR.
Y		12	EDWARD MEYER		N	30	ANDREW W. RORABACK
Y		13	THOMAS P. GAFFEY	Y		31	THOMAS A. COLAPIETRO
	N	14	GAYLE SLOSSBERG		N	32	LOUIS C. DELUCA
	N	15	JOAN V. HARTLEY		N	33	EILEEN M. DAILY
Y		16	SAM CALIGIURI		N	34	LEONARD FASANO
Y		17	JOSEPH J. CRISCO, JR.		N	35	ANTHONY GUGLIELMO
	N	18	ANDREW MAYNARD		N	36	WILLIAM H. NICKERSON

The following bill was taken from the table, read the third time, the report of the Committee accepted and the bill placed on the Consent Calendar No. 1.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 1400 (RAISED) (File Nos. 317 and 805) AN ACT CONCERNING THE ADMINISTRATION OF THE DEPARTMENT OF MOTOR VEHICLES.

Senator DeFronzo of the 6th explained the bill, offered Senate Amendment Schedule “A” (LCO 8060) and moved adoption.

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

"Section 1. Subdivision (13) of subsection (a) of section 14-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(13) "Commercial motor vehicle" means a vehicle designed or used to transport passengers or property, except a vehicle used for farming purposes in accordance with 49 CFR 383. 3(d), fire fighting apparatus or an emergency vehicle, as defined in section 14-283, or a recreational vehicle in private use, which (A) has a gross vehicle weight rating of twenty-six thousand and one pounds or more, or a gross combination weight rating of twenty-six thousand and one pounds or more, inclusive of a towed unit or units with a gross vehicle weight rating of more than ten thousand pounds; (B) is designed to transport sixteen or more passengers, including the driver, or is designed to transport more than ten passengers, including the driver, and is used to transport students under the age of twenty-one years to and from school; or (C) is transporting hazardous materials and is required to be placarded in accordance with 49 CFR 172, Subpart F, as amended, or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73.

Sec. 2. Subdivision (24) of subsection (a) of section 14-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(24) "Employee" means any operator of a commercial motor vehicle, including full-time, regularly employed drivers, casual, intermittent or occasional drivers, drivers under contract and independent [,] owner-operator contractors, who, while in the course of operating a commercial motor vehicle, are either directly employed by, or are under contract to, an employer.

Sec. 3. Subdivision (50) of subsection (a) of section 14-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(50) "Motor vehicle" means any vehicle propelled or drawn by any nonmuscular power, except aircraft, motor boats, road rollers, baggage trucks used about railroad stations or other mass transit facilities, electric battery-operated wheel chairs when operated by physically handicapped persons at speeds not exceeding fifteen miles per hour, golf carts operated on highways solely for the purpose of crossing from one part of the golf course to another, golf-cart-type vehicles operated on roads or highways on the grounds of state institutions by state employees, agricultural tractors, farm implements, such vehicles as run only on rails or tracks, self-propelled snow plows, snow blowers and lawn mowers, when used for the purposes for which they were designed and operated at speeds not exceeding four miles per hour, whether or not the operator rides on or walks behind such equipment, bicycles with helper motors as defined in section 14-286, special mobile equipment as defined in subsection (i) of section 14-165, [mini-motorcycle] mini-motorcycles, as defined in section 14-289j, and any other vehicle not suitable for operation on a highway.

Sec. 4. Subsection (a) of section 14-65i of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Each motor vehicle repair shop shall prominently display a sign [24] twenty-four inches by [36] thirty-six inches in each area of its premises where work orders are placed by customers. The sign, which shall be in boldface type, shall read as follows:

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3. RETURN OF REPLACED PARTS, PROVIDED THE REQUEST IS MADE AT THE TIME WRITTEN OR ORAL AUTHORIZATION IS PROVIDED FOR WORK TO BE PERFORMED.

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NO REPAIR WORK MAY BE UNDERTAKEN ON A VEHICLE WITHOUT THE AUTHORIZATION OF THE CUSTOMER.

NO CHARGES FOR REPAIR MAY BE MADE IN EXCESS OF THE WRITTEN ESTIMATE WITHOUT THE WRITTEN OR ORAL CONSENT OF THE CUSTOMER.

────────────────────────────────────────────

QUESTIONS CONCERNING THE ABOVE SHOULD BE DIRECTED TO THE MANAGER OF THIS REPAIR FACILITY.

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Sec. 5. Subsection (f) of section 14-289j of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(f) No person may offer a mini-motorcycle for sale, lease or rent [a mini-motorcycle] unless such mini-motorcycle has a warning label that gives warning information about the safe and legal use of a mini-motorcycle and about the limitations on use and the possible consequences of use in violation of such limitations, set forth in subsections (b) to (e), inclusive, of this section. Such person, on sale, lease or rent of a mini-motorcycle, shall give a written clear and conspicuous statement, separate from the warning label, to the purchaser, lessee or renter of such mini-motorcycle containing such warning information. Advertisements for mini-motorcycles and oral communications of a person offering a mini-motorcycle for sale, lease or rent [a mini-motorcycle] shall not contain information inconsistent with any information required in this section. Until regulations required in subsection (g) of this section are adopted, persons offering a mini-motorcycle for sale, lease or rent [of a mini-motorcycle] shall display such warning information, advertise and make oral communications in a manner consistent with the provisions of this section. The provisions of this subsection do not apply to any person selling fewer than five used mini-motorcycles in one calendar year, provided any person claiming inapplicability of the provisions of this subsection shall have the burden of proving such inapplicability.

Sec. 6. Subsection (e) of section 14-10 of the general statutes is repealed and the following is substituted thereof (Effective October 1, 2007):

(e) In the event (1) a federal court judge, federal court magistrate or judge of the Superior Court, Appellate Court or Supreme Court of the state, (2) a member of a municipal police department or a member of the Division of State Police within the Department of Public Safety, (3) an employee of the Department of Correction, (4) an attorney-at-law who represents or has represented the state in a criminal prosecution, [or] (5) a member or employee of the Board of Pardons and Paroles, (6) a judicial branch employee regularly engaged in court ordered enforcement or investigatory activities, (7) a federal law enforcement officer who works and resides in this state, or (8) state referee, as defined in section 52-434 submits a written request and furnishes such individual's business address to the commissioner, such business address only shall be disclosed or available for public inspection to the extent authorized by this section.

Sec. 7. Subsection (a) of section 14-36g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) Each person who holds a motor vehicle operator's license and who is sixteen or seventeen years of age shall comply with the following requirements:

(1) Except as provided in subsection (b) of this section, for the period of three months after the date of issuance of such license, such person shall not transport more than (A) such person's parents or legal guardian, at least one of whom holds a motor vehicle operator's license, or (B) one passenger who is a driving instructor licensed by the Department of Motor Vehicles, or a person twenty years of age or older who has been licensed to operate, for at least four years preceding the time of being transported, a motor vehicle of the same class as the motor vehicle being operated and who has not had his or her motor vehicle operator's license suspended by the commissioner during such four-year period;

(2) Except as provided in subsection (b) of this section, for the period beginning three months after the date of issuance of such license and ending six months after the date of issuance of such license, such person shall not transport any passenger other than as permitted under subdivision (1) of this subsection and any additional member or members of such person's immediate family;

(3) No such person shall operate any motor vehicle for which a public passenger transportation permit is required in accordance with the provisions of section 14-44, as amended by this act, or a vanpool vehicle, as defined in section 14-1, as amended by this act;

(4) No such person shall transport more passengers in a motor vehicle than the number of seat safety belts permanently installed in such motor vehicle;

(5) [For a period of six months after the date of issuance of such license, no] No such person issued a motorcycle endorsement shall transport any passenger on a motorcycle for a period of six months after the date of issuance; and

(6) Except as provided in subsection (b) of this section, no such person shall operate a motor vehicle on any highway, as defined in section 14-1, as amended by this act, at or after midnight until and including 5: 00 a. m. of the same day unless (A) such person is traveling for his or her employment or school or religious activities, (B) there is a medical necessity for such travel, or (C) such person is an assigned driver in a Safe Ride program sponsored by the American Red Cross, the Boy Scouts of America or other national public service organization.

Sec. 8. Section 14-289a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is properly equipped to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the rear or side of the operator. No operator of a motorcycle who has not held [a license] an endorsement to operate a motorcycle for a period of three months shall carry any other person on such motorcycle, except that any operator sixteen or seventeen years of age shall not transport any passenger on a motorcycle for a period of six months after obtaining such endorsement. Violation of any provision of this section shall be an infraction.

Sec. 9. Subsection (b) of section 14-44e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(b) The commissioner shall not issue a commercial driver's license or a commercial driver's instruction permit to any person who has a physical or psychobehavioral impairment that affects such person's ability to operate a commercial motor vehicle safely. In determining whether to issue a commercial driver's license in any individual case, the commissioner shall apply the standards set forth in 49 CFR 391. 41, as amended. [, unless it is established that the person will operate such vehicle only in this state, in which case the commissioner shall apply the standards set forth in this chapter and in regulations adopted thereunder. ] Any person who is denied a commercial driver's license or a commercial driver's instruction permit, or whose license or permit is suspended, revoked or cancelled pursuant to this subsection shall be granted an opportunity for a hearing in accordance with the provisions of chapter 54.

Sec. 10. Section 14-103a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

Any motor vehicle, that has been reconstructed, or is composed or assembled from the several parts of other motor vehicles, or the identification and body contours of which are so altered that the vehicle no longer bears the characteristics of any specific make of motor vehicle, or declared a total loss by any insurance carrier and subsequently [rebuilt,] reconstructed shall be inspected by the commissioner to determine whether the vehicle is properly equipped, in good mechanical condition and in the possession of its lawful owner. Such vehicle shall be presented for inspection at any Department of Motor Vehicles office or any official emissions inspection station authorized by the Commissioner of Motor Vehicles to conduct such inspection. The commissioner may require any person presenting any such reassembled, altered or [rebuilt] reconstructed vehicle for inspection to provide proof of lawful purchase of any major component parts not part of the vehicle when first sold by the manufacturer. The fee for such inspection shall be eighty-eight dollars. The inspection fee shall be in addition to regular registration fees. All moneys received from the fee imposed pursuant to this section and collected at an official emissions inspection station shall be deposited in a separate safety inspection account within the Emissions Inspection Fund. As used in this section, "reconstructed" refers to every motor vehicle materially altered from its original construction by the removal, addition or substitution of essential parts, new or used.

Sec. 11. Section 14-163d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) At least once every six months, each owner of a motor vehicle described in subsection (a) of section 14-163c shall file with the Commissioner of Motor Vehicles evidence that the owner has in effect the security requirements imposed by law for each such motor vehicle. The evidence shall be filed in such form as the commissioner prescribes in accordance with a schedule established by the commissioner. At least once every two years, the evidence of security shall be accompanied by a motor carrier identification report that meets the requirements of 49 CFR 390. 19, as amended from time to time. The report shall be in such form as the commissioner prescribes.

(b) In addition to other penalties provided by law, the Commissioner of Motor Vehicles, after notice and opportunity for hearing in accordance with chapter 54, shall suspend the registration of each motor vehicle registered in the name of any owner who fails to file a motor carrier identification report or to provide satisfactory evidence of the security requirements imposed by law.

(c) Each filing made in accordance with the provisions of subsection (a) of this section by each for-hire motor carrier or private motor carrier of property or passengers, and each owner of any motor vehicle that transports hazardous materials, as described in subsection (a) of section 14-163c, shall provide satisfactory evidence of insurance coverage or other security in amounts not less than are required by the provisions of Title 49, Part 387 of the Code of Federal Regulations, as amended. Such requirement concerning the amount of security that must be evidenced to the commissioner may be made applicable by the commissioner to the initial registration of any such motor vehicle, including the registration of any motor vehicle under the International Registration Plan, in accordance with the provisions of section 14-34a.

Sec. 12. Section 14-261a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) A commercial vehicle combination may be operated [,] by any person who holds [(1)] an endorsed commercial driver's license [, (2)] or a CDL equivalent license [, (3) an endorsed class 1 license, or (4) an operator's license issued by another state authorizing such person to operate a commercial vehicle combination, together with an endorsement issued by the Commissioner of Motor Vehicles in accordance with the provisions of subsection (b) of this section,] on highways which are part of the National System of Interstate and Defense Highways and those sections of the Federal-Aid Primary System which are divided highways with four or more lanes and full control of access, which highways and sections are designated by the Secretary of the federal Department of Transportation pursuant to the Surface Transportation Assistance Act of 1982, as amended, provided the Commissioner of Transportation shall impose reasonable restrictions consistent with federal law. The Commissioner of Transportation may permit the operation of a commercial vehicle combination, defined as "specialized equipment" in the Code of Federal Regulations Title 23, Part 658, as amended, by any person holding a license to operate a commercial vehicle combination as provided in this section and semitrailers, as described in subsection (c) of section 14-262, on any other highway in order to allow the vehicle reasonable access to terminals, facilities for food, fuel, repairs and rest, and points of loading and unloading for household goods carriers. If a commercial vehicle combination consists of two semitrailers or a trailer drawing a semitrailer, such trailers shall be coupled by a converter dolly or a type of dolly approved by the Commissioner of Motor Vehicles.

[(b) The Commissioner of Motor Vehicles shall establish an endorsement for persons who are eligible to operate a commercial vehicle combination but do not hold an endorsed commercial driver's license, a CDL equivalent license, or a class 1 license. To obtain such endorsement, the operator shall demonstrate personally to the commissioner, his deputy, a motor vehicle inspector or an agent of the commissioner that he (1) has held a license issued by another state for at least three years which permits him to operate a commercial vehicle combination, (2) has a level of motor vehicle operating experience satisfactory to the commissioner, including but not limited to, passing a commercial vehicle combination driving test conducted by the commissioner, and (3) has not violated any of the provisions of section 14-219, 14-222 or 14-224 or subsection (a) of section 14-227a, or any similar provisions of the laws of any other state or any territory, within a three-year period, or been convicted of, or forfeited any bond taken for appearance for, or had his case nolled upon payment of any sum of money in connection with, or received a suspended judgment or sentence for, a violation of any of said provisions within a three-year period, or a second violation within a twelve-month period of the provisions of sections 14-230 to 14-249, inclusive, or of any similar provisions of the laws of any other state or any territory, or been held or found criminally responsible in connection with any motor vehicle accident resulting in the death of any person, provided the commissioner may waive the requirement of a driving test under subdivision (2) of this subsection for any applicant for an endorsement who demonstrates to the commissioner that he has had at least three years experience in operating commercial vehicle combinations or that he held a valid class 1A license on June 1, 1989. Each person holding a valid class 1A license on June 1, 1989, shall, not later than December 31, 1989, surrender such license to the commissioner who shall thereupon issue an endorsement to such person.

(c) (1) The Commissioner of Motor Vehicles shall establish a commercial vehicle combination safety inspection program under which each commercial vehicle combination subject to safety inspection shall be examined or tested with respect to the operation, condition or performance of its brakes, tires, wheels, mirrors, operating controls, glazing, lighting devices, suspension, steering, exhaust system and electrical system. After the initial inspection of each commercial vehicle combination, the commissioner shall provide for a system of staggered annual inspections for such vehicles.

(2) On and after July 14, 1984, no commercial vehicle combination shall be operated in the state unless it displays a currently valid certificate of inspection issued under this section or an equivalent certificate issued by another state, provided (A) any vehicle which is subject to registration and inspection in the state and which has been outside the state continuously for thirty days or more and which, at the time of reentering the state, does not bear a currently valid certificate of inspection may be operated in the state for a period of ten days after reentering the state, (B) any vehicle may be operated in the state for a period of ten days after its sale or resale, and (C) the Commissioner of Motor Vehicles may allow commercial combination vehicles to operate while displaying a certificate of inspection on the tractor portion of such vehicle only, provided the person, firm, corporation or association which operates such vehicle has established a preventive maintenance program approved by the commissioner.

(d) The Commissioner of Motor Vehicles shall adopt regulations in accordance with the provisions of chapter 54 to carry out the purposes of this section. ]

[(e)] (b) Any person operating a commercial vehicle combination or a semitrailer, as described in subsection (c) of section 14-262, in violation of any provision of subsection (a) [, (b) or (c)] of this section [or any regulation adopted thereunder] shall be fined one thousand dollars for each offense. The Commissioner of Motor Vehicles shall also suspend, for sixty days, the motor vehicle registration certificate, privilege to operate or operator's license of any such person.

Sec. 13. (NEW) (Effective October 1, 2007) The Department of Motor Vehicles shall, subject to the provisions of section 31-51i of the general statutes, require each external applicant for a position of employment with the department (1) to state whether the applicant has ever been convicted of a crime, to state whether criminal charges are pending against the applicant at the time of the application and, if so, to identify the charges and court in which they are pending, and (2) if offered employment with the department, to be fingerprinted and to submit to state and national criminal history records checks. The criminal history records checks required by this section shall be in accordance with section 29-17a of the general statutes.

Sec. 14. Section 15-148 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

If a valid certificate of number or registration is lost, mutilated or destroyed, the owner shall notify the Commissioner of Motor Vehicles in writing within fifteen days. The owner may obtain a duplicate certificate upon application to the Commissioner of Motor Vehicles and upon payment of a fee of [one dollar] twenty dollars.

Sec. 15. Section 14-12h of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) The Commissioner of Motor Vehicles shall compile and maintain a record of all registrations suspended in accordance with the provisions of sections 14-12c and 14-12g. The commissioner shall update the information contained in such record not less than once per week and shall make available to all law enforcement agencies in this state a list of all registration number plates for vehicles whose registration has been suspended. Such list shall contain the number plate numbers, letters or number and letter combinations and the address at which the vehicle was registered. The commissioner may make available the entire list or a portion thereof and may utilize one or more formats for presenting the information contained therein to facilitate its use.

(b) (1) If any police officer observes a motor vehicle being operated upon the public highway, and such motor vehicle is displaying registration number plates identified as suspended on the list made available by the commissioner, such police officer may (A) stop or detain such vehicle and its occupants, (B) issue to the operator a complaint for operating an unregistered motor vehicle, or expired registration if the vehicle is not being operated, in violation of section 14-12, and (C) remove the registration number plates from the vehicle and return them to any branch office of the Department of Motor Vehicles. If any police officer, motor vehicle inspector or constable observes a motor vehicle parked in any parking area, as defined in section 14-212, as amended by this act, and such motor vehicle is displaying registration number plates identified as suspended on the list made available by the commissioner, such police officer, motor vehicle inspector or constable is authorized to remove the registration number plates from the vehicle and to return them to any branch office of the Department of Motor Vehicles. If a number plate is identified as suspended on the list provided by the commissioner and such identification is in error, the state shall indemnify any police officer, motor vehicle inspector or constable for any claim for damages made against that individual as a result of such individual's good faith reliance on the accuracy of the list provided by the commissioner regarding the confiscation of number plates.

(2) If any police officer observes a motor vehicle being operated upon the public highway or parked in any parking area, as defined in section 14-212, as amended by this act, displaying registration number plates identified on the list made available by the commissioner as being suspended, such police officer may seize and impound the vehicle. If a police officer seizes and impounds a vehicle pursuant to this subdivision, such officer shall give notice to the commissioner in such form as the commissioner may require. The police officer shall give such notice not later than three days after seizing and impounding the vehicle.

[(c) If the number plates of a vehicle, the registration of which was suspended, have been confiscated, the owner of such motor vehicle shall pay a confiscation fee of fifty dollars. Such confiscation fee shall be collected from the owner of the motor vehicle and remitted by the commissioner to the constable who confiscated the number plates or, if the plates were confiscated by a police officer, such confiscation fee shall be remitted to the governmental entity which employed such officer at the time of the confiscation and shall be deposited in the asset forfeiture fund. In the event there is no such fund, such confiscation fee shall be deposited in the general fund of such entity. ]

[(d) The owner of any] (c) Any motor vehicle which has been impounded in accordance with the provisions of subdivision (2) of subsection (b) of this section [shall not be eligible to regain possession of the vehicle until he complies with the requirements of subsection (c) of this section. Any such motor vehicle which is impounded for more than forty-five days shall be subject to forfeiture to the state] that is not reclaimed by the owner of such motor vehicle within forty-five days after impounding, shall be subject to forfeiture to the state.

Sec. 16. Section 14-44i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) There shall be charged a fee of sixty dollars for each renewal of a commercial driver's license.

(b) There shall be charged for each commercial driver's license knowledge test a fee of sixteen dollars. There shall be charged for each commercial driver's license skills test a fee of thirty dollars. There shall be charged for each commercial driver's license learner's permit a fee of ten dollars.

(c) There shall be charged, in addition to the fee provided in subsection (b) of this section for the commercial driver's license knowledge test, a fee of five dollars for each test for an endorsement to a commercial driver's license. There shall be charged, in addition to the fee provided in subsection (b) for such knowledge test, a fee of five dollars for each test for the removal of a restriction to a commercial driver's license relating to air brakes. There shall be charged, in addition to the fee provided in subsection (b) for such knowledge test, a fee of five dollars for each combination vehicle knowledge test.

[(d) The Commissioner of Motor Vehicles shall waive the fees provided in subsection (b) of this section in the case of any person who applies for a license with a "Z" restriction. ]

Sec. 17. Section 22a-201 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(1) "Motor vehicle" means motor vehicle, as defined in section 14-1, except that for purposes of this section, motor vehicle is limited to vehicles with gross vehicle weight rating, as defined in section 14-1, of ten thousand pounds or less, and does not include any motorcycle; and

Sec. 18. (NEW) (Effective October 1, 2007) (a) Each motor vehicle operator's license issued by the Commissioner of Motor Vehicles in accordance with section 14-36 of the general statutes, as amended by this act, and each identity card issued by said commissioner in accordance with section 1-1h of the general statutes shall contain the following: (1) The person's full legal name; (2) the person's date of birth; (3) the person's gender; (4) the person's height and eye color; (5) the person's assigned operator's license or identity card number; (6) the person's address of principal residence in this state; (7) the person's signature; and (8) the person's color photograph or digital image.

(b) The commissioner shall provide that each such license or identity card document contains physical security features designed to prevent tampering, counterfeiting or duplication of the document.

(c) Each such document shall also contain one or more machine-readable technology feature or component, including, but not limited to, a bar code or magnetic strip.

(d) As used in this section, the term "full legal name" means the most complete version of the name that appears on a person's certificate of birth, official passport or other document or documents accepted by the Commissioner of Motor Vehicles to verify the person's identity, unless the person presents a marriage license or certificate, a certificate of civil union, a divorce decree or an order of a court of competent jurisdiction pertaining to a permanent change of the person's name.

Sec. 19. Section 14-36d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) [Except as provided in subsections (b) and (c) of this section and subject to the provisions of section 14-41, the commissioner shall issue a motor vehicle operator's license containing a picture of the licensee. The license shall be of such form and content as the commissioner may prescribe and shall be signed by the licensee. ] The commissioner may acquire, by lease or purchase, and install at offices of the Department of Motor Vehicles and at such other locations where operator's licenses are issued or renewed, such equipment as may be necessary to carry out the provisions of this [section] chapter.

[(b) The Commissioner of Motor Vehicles shall, upon the first issuance of a motor vehicle operator's license to any person less than twenty-one years of age, issue a license containing a picture of the licensee. Such license shall indicate the date of such person's twenty-first birthday, be of such form and content as the commissioner may prescribe and be signed by the licensee. ]

[(c)] (b) The commissioner may [issue a temporary license without a picture of the licensee to out-of-state applicants, to members of the armed forces and in such other situations as the commissioner finds necessary, provided a temporary license shall be valid only until the applicant has had time to appear and to have his picture taken and a license containing his picture issued] provide for the renewal of any motor vehicle operator's license, commercial driver's license or identity card without personal appearance of the license holder, in circumstances where the holder is a member of the armed forces, is temporarily residing outside of this state for business or educational purposes, or in other circumstances where, in the judgment of the commissioner, such personal appearance would be impractical or pose a significant hardship. The commissioner shall decline to issue any such renewal without personal appearance if the commissioner is not satisfied as to the reasons why the applicant cannot personally appear, if the commissioner does not have the applicant's color photograph or digital image on file, if satisfactory evidence of the identity of the applicant has not been presented, or if the commissioner has reason to believe that the applicant is no longer a legal resident of this state.

(c) The commissioner may adopt regulations to provide for the renewal of the motor vehicle operator's license, commercial driver's license or identity card of any person not identified in subsection (b) of this section by mail or by electronic communication with the Department of Motor Vehicles.

Sec. 20. Subsection (c) of section 14-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(c) (1) On or after January 1, 1997, a person who is sixteen or seventeen years of age and who has not had a motor vehicle operator's license or right to operate a motor vehicle in this state suspended or revoked may apply to the Commissioner of Motor Vehicles for a learner's permit. The commissioner may issue a learner's permit to an applicant after the applicant has passed a vision screening and test as to knowledge of the laws concerning motor vehicles and the rules of the road, has paid the fee required by subsection (v) of section 14-49 and has filed a certificate, in such form as the commissioner prescribes, requesting or consenting to the issuance of the learner's permit and the motor vehicle operator's license, signed by (A) one or both parents or foster parents of the applicant, as the commissioner requires, (B) the legal guardian of the applicant, (C) the applicant's spouse, if the spouse is eighteen years of age or older, or (D) if the applicant has no qualified spouse and such applicant's parent or foster parent or legal guardian is deceased, incapable, domiciled without the state or otherwise unavailable or unable to sign or file the certificate, the applicant's stepparent, or uncle or aunt by blood or marriage, provided such person is eighteen years of age or older. The commissioner may, for the more efficient administration of the commissioner's duties, appoint any drivers' school licensed in accordance with the provisions of section 14-69 or any secondary school providing instruction in motor vehicle operation and highway safety in accordance with section 14-36e to issue a learner's permit, subject to such standards and requirements as the commissioner may prescribe in regulations adopted in accordance with chapter 54. Each learner's permit shall expire on the date the holder of the permit is issued a motor vehicle operator's license or on the date the holder attains the age of eighteen years, whichever is earlier. (2) The learner's permit shall entitle the holder, while such holder has the permit in his or her immediate possession, to operate a motor vehicle on the public highways, provided such holder is under the instruction of, and accompanied by, a person who holds an instructor's license issued under the provisions of section 14-73 or a person twenty years of age or older who has been licensed to operate, for at least four years preceding the instruction, a motor vehicle of the same class as the motor vehicle being operated and who has not had his or her motor vehicle operator's license suspended by the commissioner during the four-year period preceding the instruction. (3) For the period of three months after the date of issuance of such permit, unless the holder is under the instruction of and accompanied by a person who holds an instructor's license issued under the provisions of section 14-73, the holder shall not transport more than (A) one passenger who meets the provisions of subdivision (2) of this subsection, or (B) such holder's parents or legal guardian, at least one of whom holds a motor vehicle operator's license. (4) For the period beginning three months after the date of issuance of such permit and ending six months after the date of issuance of such permit, unless the holder is under the instruction of and accompanied by a person who holds an instructor's license issued under the provisions of section 14-73, such holder shall not transport any passenger other than as permitted under subdivision (2) or (3) of this subsection and any additional member or members of such holder's immediate family. (5) The holder of a learner's permit who (A) is an active member of a certified ambulance service, as defined in section 19a-175, (B) has commenced an emergency vehicle operator's course that conforms to the national standard curriculum developed by the United States Department of Transportation, and (C) has had state and national criminal history records checks conducted by the certified ambulance service or by the municipality in which such ambulance service is provided, shall be exempt from the provisions of [this subdivision] subdivisions (2), (3) and (4) of this subsection only when such holder is en route to or from the location of the ambulance for purposes of responding to an emergency call. [(3)] (6) The commissioner may revoke any learner's permit used in violation of the limitations imposed by subdivision (2), (3) or (4) of this subsection.

Sec. 21. Subsection (a) of section 14-66 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) (1) No person, firm or corporation shall engage in the business of operating a wrecker for the purpose of towing or transporting for compensation motor vehicles which are disabled, inoperative or wrecked or are being removed in accordance with the provisions of section 14-145, 14-150 or 14-307, unless such person, firm or corporation is a motor vehicle dealer or repairer licensed under the provisions of subpart (D) of this part. (2) The commissioner shall establish and publish a schedule of uniform rates and charges for the nonconsensual towing and transporting of motor vehicles and for the storage of motor vehicles which shall be just and reasonable. Upon petition of any person, firm or corporation licensed in accordance with the provisions of this section, but not more frequently than once every two years, the commissioner shall reconsider the established rates and charges and shall amend such rates and charges if the commissioner, after consideration of the factors stated in this subdivision, determines that such rates and charges are no longer just and reasonable. In establishing and amending such rates and charges, the commissioner may consider factors, including, but not limited to, the Consumer Price Index, rates set by other jurisdictions, charges for towing and transporting services provided pursuant to a contract with an automobile club or automobile association licensed under the provisions of section 14-67 and rates published in standard service manuals. The commissioner shall hold a public hearing for the purpose of obtaining additional information concerning such rates and charges. (3) With respect to the nonconsensual towing or transporting and the storage of motor vehicles, no such person, firm or corporation shall charge more than the rates and charges published by the commissioner. Any person aggrieved by any action of the commissioner under the provisions of this section may take an appeal therefrom in accordance with section 4-183, except venue for such appeal shall be in the judicial district of New Britain.

Sec. 22. Subsection (h) of section 14-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(h) (1) Any person who violates any provision of this section shall, for a first offense, be deemed to have committed an infraction and be fined not less than seventy-five dollars or more than ninety dollars and, for any subsequent offense, shall be fined not less than two hundred fifty dollars or more than three hundred fifty dollars or be imprisoned not more than thirty days, or both.

(2) In addition to the penalty prescribed under subdivision (1) of this subsection, any person who violates any provision of this section who (A) has, prior to the commission of the present violation, committed a violation of this section or subsection (a) of section 14-215, shall be fined not more than five hundred dollars or sentenced to perform not more than one hundred hours of community service, or (B) has, prior to the commission of the present violation, committed two or more violations of this section or subsection (a) of section 14-215, or any combination thereof, shall be sentenced to a term of imprisonment of one year, ninety days of which may not be suspended or reduced in any manner.

Sec. 23. Subsection (c) of section 14-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(c) (1) Any person who operates any motor vehicle during the period such person's operator's license or right to operate a motor vehicle in this state is under suspension or revocation on account of a violation of subsection (a) of section 14-227a or section 53a-56b or 53a-60d or pursuant to section 14-227b, shall be fined not less than five hundred dollars or more than one thousand dollars and imprisoned not more than one year, and, in the absence of any mitigating circumstances as determined by the court, thirty consecutive days of the sentence imposed may not be suspended or reduced in any manner.

(2) Any person who operates any motor vehicle during the period such person's operator's license or right to operate a motor vehicle in this state is under suspension or revocation on account of a second violation of subsection (a) of section 14-227a or section 53a-56b or 53a-60d or for the second time pursuant to section 14-227b, shall be fined not less than five hundred dollars or more than one thousand dollars and imprisoned not more than two years, and, in the absence of any mitigating circumstances as determined by the court, one hundred twenty consecutive days of the sentence imposed may not be suspended or reduced in any manner.

(3) Any person who operates any motor vehicle during the period such person's operator's license or right to operate a motor vehicle in this state is under suspension or revocation on account of a third or subsequent violation of subsection (a) of section 14-227a or section 53a-56b or 53a-60d or for the third or subsequent time pursuant to section 14-227b, shall be fined not less than five hundred dollars or more than one thousand dollars and imprisoned not more than three years, and, in the absence of any mitigating circumstances as determined by the court, one year of the sentence imposed may not be suspended or reduced in any manner.

(4) The court shall specifically state in writing for the record the mitigating circumstances, or the absence thereof.

Sec. 24. (NEW) (Effective from passage) The Commissioner of Motor Vehicles, at the request of any immediate family member, shall issue a special certificate of registration and a set of number plates memorializing Connecticut service members who were killed in the line of duty. Said registration and number plates shall be available for any motor vehicle owned or leased for a period of at least one year. Said number plates shall expire and be renewed as provided in section 14-22 of the general statutes. The commissioner shall charge a fee for such plates which shall cover the entire cost of making the same and which shall be in addition to the fee for registration of such motor vehicle. Such plates shall bear the words "Gold Star Family", and the design of such plates shall be approved by a committee established by the commissioner. For purposes of this section, "immediate family member" includes a spouse, mother, father, brother, sister, child, grandmother or grandfather.

Sec. 25. Subsection (b) of section 14-80i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(b) No person shall operate a motorcycle on a highway or in any parking area for ten or more motor vehicles if the motorcycle is equipped with handlebars that are more than [fifteen inches in height above the uppermost portion of the seat when the seat is depressed by the weight of the operator] the height of the operator's shoulders.

Sec. 26. Subsection (c) of section 14-300 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(c) Except as provided in subsection (c) of section 14-300c, at any crosswalk marked as provided in subsection (a) of this section or any unmarked crosswalk, provided such crosswalks are not controlled by police officers or traffic control signals, each operator of a vehicle shall grant the right-of-way, and slow or stop such vehicle if necessary to so grant the right-of-way, to any pedestrian crossing the roadway within such crosswalk, provided such pedestrian steps [to] off the curb or into the crosswalk at the entrance to a crosswalk or is within that half of the roadway upon which such operator of a vehicle is traveling or such pedestrian steps [to] off the curb or into the crosswalk at the entrance to a crosswalk or is crossing the roadway within such crosswalk from that half of the roadway upon which such operator is not traveling. No operator of a vehicle approaching from the rear shall overtake and pass any vehicle the operator of which has stopped at any crosswalk marked as provided in subsection (a) of this section or any unmarked crosswalk to permit a pedestrian to cross the roadway. The operator of any vehicle crossing a sidewalk shall yield the right-of-way to each pedestrian and all other traffic upon such sidewalk. [A violation of this subsection shall be an infraction] The operator of any motor vehicle who violates this section shall be deemed to have committed an infraction and be fined ninety dollars.

Sec. 27. (Effective from passage) The Department of Motor Vehicles shall conduct a study on issues relating to the use by operators of motor vehicles of certain electronic equipment installed in motor vehicles, including word processors, computer video monitors, devices that enable access to the Internet, and other electronic equipment of a similar nature that is unrelated to the operation of motor vehicles. The study shall include, but not be limited to, (1) the extent to which such electronic equipment is being offered as original equipment by manufacturers and importers of new motor vehicles that are sold in this state, (2) federal statutes and regulations that govern the manufacture of motor vehicles sold in the United States that refer to the installation of such equipment, (3) the extent to which such equipment is being offered and sold for aftermarket installation in used motor vehicles, (4) recent studies and other published materials concerning the use of such equipment by operators and its effect on the safe highway operation of motor vehicles, and (5) laws of any state, the District of Columbia, or any state or province of any country that govern any aspect of the original or aftermarket installation or the use by operators of such equipment. Not later than February 1, 2008, the commissioner shall submit a report of the study, including findings and recommendations, to the joint standing committee of the General Assembly having cognizance of matters relating to transportation.

Sec. 28. Section 14-49 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) For the registration of each passenger motor vehicle, other than an electric motor vehicle, the fee shall be seventy-five dollars every two years, provided any individual who is sixty-five years of age or older on or after January 1, 1981, may, at his discretion, renew the registration of such passenger motor vehicle owned by him for either a one-year or two-year period. The fee for one year shall be thirty-eight dollars, and the fee for two years shall be seventy-five dollars; provided the biennial fee for any motor vehicle for which special license plates have been issued under the provisions of section 14-20 shall be seventy-five dollars. The provisions of this subsection relative to the biennial fee charged for the registration of each antique, rare or special interest motor vehicle for which special license plates have been issued under section 14-20 shall not apply to an antique fire apparatus or transit bus owned by a nonprofit organization and maintained primarily for use in parades, exhibitions or other public events but not for purposes of general transportation.

(b) (1) For the registration of each motorcycle, the biennial fee shall be forty dollars, subject to the provisions of subdivision (2) of this subsection. For the registration of each motorcycle with side car or box attached used for commercial purposes, the biennial fee shall be fifty-six dollars. The commissioner may register a motorcycle with a side car under one registration which shall cover the use of such motorcycle with or without such side car. (2) Four dollars of the total fee with respect to the registration of each motorcycle shall, when entered upon the records of the Special Transportation Fund, be deemed to be appropriated to the Department of Transportation for purposes of continuing the program of motorcycle rider education formerly funded under the federal Highway Safety Act of 1978, 23 USC 402.

(c) For the registration of each taxicab or motor vehicle in livery service, with a seating capacity of seven or less, the commissioner shall charge a biennial fee of two hundred fifty dollars. When the seating capacity of such motor vehicle is more than seven, there shall be added to the amount herein provided the sum of four dollars for each seat so in excess.

(d) For the registration of each motor bus, except a motor bus owned and operated by a multiple-state passenger carrier as hereinafter defined, the commissioner shall charge a fee of forty-seven dollars and such registration shall be sufficient for all types of operation under this chapter. On and after July 1, 1992, the fee shall be fifty-three dollars. For the registration of motor buses owned or operated by a multiple-state passenger carrier, the commissioner shall charge registration fees based on the rate of one dollar per hundredweight of the gross weight, such gross weight to be computed by adding the light weight of the vehicle fully equipped for service to one hundred fifty pounds per passenger for the rated seating capacity, plus the sum of thirty-four dollars, and on and after July 1, 1992, one dollar and twenty-five cents plus the sum of thirty-nine dollars. The fee in each case shall be determined on an apportionment basis commensurate with the use of the highways of this state as herein provided. The commissioner shall require the registration of that percentage of the motor buses of such multiple-state passenger carrier operating into or through the state which the mileage of such motor buses actually operated in the state bears to the total mileage of all such motor buses operated both within and without the state. Such percentage figures shall be the mileage factor. In computing the registration fees on the number of such motor buses which are allocated to the state for registration purposes under the foregoing formula, the commissioner shall first compute the amount that the registration fees would be if all such motor buses were in fact subject to registration in the state, and then apply to such amount the mileage factor above referred to, provided, if the foregoing formula or method of allocation results in apportioning a lesser or greater number of motor buses or amount of registration fees to the state than the state under all of the facts is fairly entitled to, then a formula that will fairly apportion such registration fees to the state shall be determined and used by the commissioner. Said mileage factor shall be computed prior to March first of each year by using the mileage records of operations of such motor buses operating both within and without the state for the twelve-month period, or portion thereof, ending on August thirty-first next preceding the commencement of the registration year for which registration is sought. If there were no operations in the state during any part of such preceding twelve-month period, the commissioner shall proceed under the provisions of subsection (a) of article IV of section 14-365. In apportioning the number of motor buses to be registered in the state, as provided herein, any fractional part of a motor bus shall be treated as a whole motor bus and shall be registered and licensed as such. Any motor bus operated both within and without the state which is not required to be registered in the state under the provisions of this section shall nevertheless be identified as a part of the fleet of the multiple-state passenger carrier and the commissioner shall adopt an appropriate method of identification of such motor buses owned and operated by such carrier. The identification of all such motor buses by the commissioner as above required shall be considered the same as the registration of such motor buses under this chapter. The substitution from time to time of one motor bus for another by a multiple-state passenger carrier shall not require registration thereof in the state as long as the substitution does not increase the aggregate number of motor buses employed in the operation of such carrier, provided all such motor buses substituted for others shall be immediately reported to and identification issued for the same by the commissioner and, if a registration fee is required to be paid for such substituted motor bus, the same shall be promptly paid. As used in this subsection, the phrase "multiple-state passenger carrier" means and includes any person, firm or corporation authorized by the Interstate Commerce Commission or its successor agency to engage in the business of the transportation of passengers for hire by motor buses, both within and without the state.

(e) (1) For the registration of a passenger motor vehicle used in part for commercial purposes, except any pick-up truck having a gross vehicle weight rating of less than twelve thousand five hundred pounds, the commissioner shall charge a biennial fee of eighty-three dollars and shall issue combination registration to such vehicle. (2) For the registration of a school bus, the commissioner shall charge an annual fee of one hundred dollars for a type I school bus and sixty dollars for a type II school bus. (3) For the registration of a motor vehicle when used in part for commercial purposes and as a passenger motor vehicle or of a motor vehicle having a seating capacity greater than ten and not used for the conveyance of passengers for hire, the commissioner shall charge a biennial fee for gross weight as for commercial registration, as outlined in section 14-47, plus the sum of thirteen dollars and shall issue combination registration to such vehicle. (4) Each vehicle registered as combination shall be issued a number plate bearing the word "combination". No vehicle registered as combination may have a gross vehicle weight rating in excess of twelve thousand five hundred pounds. (5) For the registration of a pick-up truck having a gross vehicle weight rating of less than twelve thousand five hundred pounds that is not used in part for commercial purposes, the commissioner shall charge a biennial fee for gross weight as for commercial registration, as provided in section 14-47, plus the sum of thirteen dollars. The commissioner may issue passenger registration to any such vehicle with a gross vehicle weight rating of eight thousand five hundred pounds or less.

(f) For the registration of each electric motor vehicle, the commissioner shall charge a fee of fifteen dollars for each year or part thereof. On and after July 1, 1992, the fee shall be eighteen dollars.

(g) For the registration of all motorcycles, registered under a general distinguishing number and mark, owned or operated by, or in the custody of, a manufacturer of, dealer in or repairer of motorcycles, there shall be charged an annual fee at the rate of thirty-one dollars for each set of number plates furnished. On and after July 1, 1992, the fee shall be thirty-five dollars.

(h) The minimum annual fee for any commercial registration of a motor vehicle not equipped with pneumatic tires shall be fifty dollars. On and after July 1, 1992, the fee shall be fifty-six dollars.

(i) For the transfer of the registration of a motor vehicle previously registered, except as provided in subsection (e) of section 14-16 and subsection (d) of section 14-253a, there shall be charged a fee of twenty dollars.

(k) For the registration of each motor hearse used exclusively for transportation of the dead, the commissioner shall charge a fee of thirty-one dollars. On and after July 1, 1992, the fee shall be thirty-five dollars. The commissioner may furnish distinguishing number plates for any motor hearse.

(l) The fee for the registration of each truck to be used between parts of an industrial plant, as provided in section 13a-117, shall be twenty-five dollars for the first two hundred feet of the public highway, the use of which is granted by such permit, and on and after July 1, 1992, the fee shall be twenty-eight dollars. For each additional two hundred feet or fraction thereof, the fee shall be eleven dollars, and on and after July 1, 1992, the fee shall be twelve dollars.

(m) (1) For the registration of a trailer used exclusively for camping or any other recreational purpose, the commissioner shall charge a biennial fee of sixteen dollars. On and after July 1, 1992, the fee shall be eighteen dollars. (2) For any other trailer or semitrailer not drawn by a truck-tractor he shall charge the same fee as prescribed for commercial registrations in section 14-47, provided the fee for a heavy duty trailer, a crane or any other heavy construction equipment shall be three hundred six dollars for each year; except that the registration fee for each motor vehicle classed as a tractor-crane and equipped with rubber tires shall be one-half the fee charged for the gross weight of commercial vehicles.

(n) For each temporary registration of a motor vehicle not used for commercial purposes, or renewal of such registration, the commissioner shall charge a fee computed at the rate of twenty dollars for each ten-day period, or part thereof. For each temporary registration of a motor vehicle used for commercial purposes, or renewal of such registration, the commissioner shall charge a fee computed at the rate of twenty-five dollars for each ten-day period, or part thereof, if the motor vehicle has a gross vehicle weight rating of six thousand pounds or less. For each temporary registration of a motor vehicle used for commercial purposes, or renewal of such registration, the commissioner shall charge a fee computed at the rate of forty-six dollars for each ten-day period, or part thereof, if the motor vehicle has a gross vehicle weight rating of more than six thousand pounds.

(o) No registration fee or operator's license fee shall be charged in respect to any motor vehicle owned by a municipality, as defined in section 7-245, any other governmental agency or a military agency and used exclusively for the conduct of official business. No registration fee shall be charged for any motor vehicle owned by or leased to a transit district and used exclusively to provide public transportation. No fee shall be charged for the registration of ambulances owned by hospitals or any nonprofit civic organization approved by the commissioner, but a fee of twenty dollars shall be charged for the inspection of any such ambulance. No fee shall be charged for the registration of fire department apparatus as provided by section 14-19. No registration fee shall be charged to a disabled veteran, as defined in section 14-254, residing in this state for the registration of three passenger, camper or passenger and commercial motor vehicles leased or owned by such veteran in any registration year, provided such vehicles shall not be used for hire. No registration fee shall be charged for any motor vehicle leased to an agency of this state on or after June 4, 1982.

(p) For the registration of a service bus owned by an individual, firm or corporation, exclusive of any nonprofit charitable, religious, educational or community service organization, and used for the transportation of persons without charge, the commissioner shall charge a fee of two hundred dollars for vehicles having a seating capacity of sixteen passengers or less, including the driver, and seven hundred dollars for vehicles having a seating capacity of more than sixteen passengers. For the registration of any service bus owned by any nonprofit charitable, religious, educational or community service organization, the commissioner shall charge a fee of one hundred fifty dollars for vehicles having a seating capacity of sixteen passengers or less, and five hundred dollars for vehicles having a seating capacity of more than sixteen passengers, provided such service bus is used exclusively for the purpose of transporting persons in relation to the purposes and activities of such organization. Each such registration shall be issued for a biennial period in accordance with a schedule established by the commissioner. Nothing herein contained shall affect the provisions of subsection (e) of this section.

(q) The commissioner shall collect a biennial fee of twenty-eight dollars for the registration of each motor vehicle used exclusively for farming purposes. No such motor vehicle may be used for the purpose of transporting goods for hire or taking the on-the-road skills test portion of the examination for a motor vehicle operator's license. No farm registration shall be issued to any person operating a farm that has gross annual sales of less than two thousand five hundred dollars in the calendar year preceding registration. The commissioner may issue a farm registration for a passenger motor vehicle under such conditions as said commissioner shall prescribe in regulations adopted in accordance with chapter 54. No motor vehicle issued a farm registration may be used to transport ten or more passengers on any highway unless such motor vehicle meets the requirements for equipment and mechanical condition set forth in this chapter, and, in the case of a vehicle used to transport more than fifteen passengers, including the driver, the applicable requirements of the Code of Federal Regulations, as adopted by the commissioner, in accordance with the provisions of subsection (a) of section 14-163c. The operator of such motor vehicle used to transport ten or more passengers shall hold a public transportation permit or endorsement issued in accordance with the provisions of section 14-44. Any farm registration used otherwise than as provided by this subsection shall be revoked.

(s) A fee of sixty-five dollars shall be charged in addition to the regular fee prescribed for the registration of a motor vehicle, including but not limited to any passenger motor vehicle or motorcycle, in accordance with this section for a number plate or plates for such vehicle bearing any combination of letters or numbers requested by the registrant and which may be issued in the discretion of the commissioner, except in any case in which the number plates bear the official call letters of an amateur radio station. On and after July 1, 1992, the fee shall be sixty-five dollars.

(t) For the registration of each camper, the commissioner shall charge a biennial fee of sixty-two dollars. On and after July 1, 1992, the fee shall be seventy dollars. The commissioner shall refund one-half of the registration fee for any camper registration when the number plate or plates and registration certificate are returned with one year or more remaining until the expiration of such registration.

(v) There shall be charged for each motor vehicle learner's permit or renewal thereof a fee of eighteen dollars. There shall be charged for each motorcycle training permit or renewal thereof a fee of fifteen dollars.

(w) In addition to the fee established for the issuance of motor vehicle number plates and except as provided in subsection (a) of section 14-21b and subsection (c) of section 14-253a there shall be an additional safety fee of five dollars charged at the time of issuance of any reflectorized safety number plate or set of plates. All moneys derived from said safety fee shall be deposited in the Special Transportation Fund. The commissioner may waive said safety fee in the case of any person who submits a police report to the commissioner indicating that the number plate or set of number plates have been stolen or mutilated for the purpose of obtaining the sticker attached to the plate denoting the expiration date of the registration.

[(x) For the registration of each vanpool vehicle, the biennial fee shall be sixty-two dollars. On and after July 1, 1992, the fee shall be seventy dollars. ]

[(y)] (x) For the registration of each high-mileage vehicle, the commissioner shall charge a fee of thirty-nine dollars for each year or part thereof. On and after July 1, 1992, the fee shall be forty-four dollars.

[(z)] (y) For each special use registration for a period of thirty days or less, the fee shall be twenty dollars.

[(aa)] (z) The commissioner shall assess a ten-dollar late fee for renewal of a motor vehicle registration in the event a registrant fails to renew his registration within five days after the expiration of such registration, except that no such fee shall be assessed for the late renewal of the registration, pursuant to subdivision (1) of subsection (m) of this section, of (1) a trailer used exclusively for camping or any other recreational purpose, or (2) a motor vehicle designed or permanently altered in such a way as to provide living quarters for travel or camping.

[(bb)] (aa) The commissioner shall refund one-half of the registration fee for any motor vehicle when the number plate or plates and registration certificate are returned on or after July 1, 2004, with one year or more remaining until the expiration of such registration.

Sec. 29. (NEW) (Effective July 1, 2007) The Commissioner of Motor Vehicles may permit any licensed motor vehicle dealer to maintain, in an electronic format prescribed by the commissioner, all records, documents and forms required by the Department of Motor Vehicles. Such records, documents and forms shall be produced in written format, not later than three business days, upon request by the department.

Sec. 30. Section 14-284 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

The restriction of any highway to use by passenger motor vehicles shall not prohibit the use thereof by motor vehicles in livery service as defined in chapter 244b, [when such vehicles have a maximum capacity of seven passengers] provided such vehicles comply with the regulations of the State Traffic Commission, pursuant to subsection (f) of section 13a-26 for the length, height and width requirements of vehicles authorized to operate on the Merritt and Wilbur Cross Parkways.

Sec. 31. Subsection (g) of section 14-150 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(g) The owner or keeper of any garage or other place where such motor vehicle is stored shall have a lien upon the same for such owner's or keeper's towing and storage charges. Unless title has already vested in the municipality pursuant to subsection (d) of this section, if the current market value of such motor vehicle as determined in good faith by such owner or keeper does not exceed one thousand five hundred dollars and such motor vehicle has been stored for a period of not less than fifteen days, such owner or keeper may, unless an application filed by the owner pursuant to subsection (e) of this section is pending and the owner of such motor vehicle has notified such owner or keeper that such application for hearing has been filed, sell the same for storage and towing charges owed thereon, provided a notice of intent to sell shall be sent to the commissioner, the owner and any lienholder of record of such motor vehicle, if known, five days before the sale of such vehicle. If the current market value of such motor vehicle as determined in good faith by such owner or keeper exceeds one thousand five hundred dollars and if such motor vehicle has been so stored for a period of forty-five days, such owner or keeper shall, unless an application filed by the owner pursuant to subsection (e) of this section is pending and the owner of such motor vehicle has notified such owner or keeper that such application for hearing has been filed, sell the same at public auction for cash, at such owner's or keeper's place of business, and apply the avails of such sale toward the payment of such owner's or keeper's charges and the payment of any debt or obligation incurred by the officer who placed the same in storage, provided if the last place of abode of the owner of such motor vehicle is known to or may be ascertained by such garage owner or keeper by the exercise of reasonable diligence, notice of the time and place of sale shall be given to such owner and any lienholder of record by mailing such notice to such owner in a registered or certified letter, postage paid, at such last usual place of abode, at least five days before the time of sale. At any public auction held pursuant to this subsection, such garage owner or keeper may set a minimum bid equal to the amount of such owner's or keeper's charges and obligations with respect to the tow and storage of the motor vehicle. If no such bid is made, such owner or keeper may sell or dispose of such vehicle.

Sec. 32. Section 14-41 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) Except as provided in section 14-41a, each motor vehicle operator's license shall be renewed every six years or every four years on the date of the operator's birthday in accordance with a schedule to be established by the commissioner. [On and after July 1, 2007, the Commissioner of Motor Vehicles shall screen the vision of each motor vehicle operator prior to every other renewal of the operator's license of such operator in accordance with a schedule adopted by the commissioner. Such screening requirement shall apply to every other renewal following the initial screening. In lieu of the vision screening by the commissioner, such operator may submit the results of a vision screening conducted by a licensed health care professional qualified to conduct such screening on a form prescribed by the commissioner during the twelve months preceding such renewal. No motor vehicle operator's license may be renewed unless the operator passes such vision screening. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this subsection relative to the administration of vision screening. ]

(b) An original operator's license shall expire within a period not exceeding six years following the date of the operator's next birthday. The fee for such original license shall be computed at the rate of forty-four dollars for a four-year license, sixty-six dollars for a six-year license and eleven dollars per year for any part of a year thereof. The commissioner may authorize an automobile club or association, licensed in accordance with the provisions of section 14-67 on or before the effective date of this section, to perform license renewals at its office facilities. The commissioner may authorize such automobile clubs or associations to charge a convenience fee, which shall not exceed two dollars, to each applicant for renewal.

(c) The commissioner shall, at least fifteen days before the date on which each motor vehicle operator's license expires, notify the operator of the expiration date. Any previously licensed operator who operates a motor vehicle within sixty days after the expiration date of the operator's license without obtaining a renewal of the license shall be deemed to have failed to renew a motor vehicle operator's license and shall be fined in accordance with the amount designated for the infraction of failure to renew a motor vehicle operator's license. Any operator so charged shall not be prosecuted under section 14-36 for the same act constituting a violation under this section but section 14-36 shall apply after the sixty-day period.

(d) Notwithstanding the provisions of section 1-3a, if the expiration date of any motor vehicle operator's license or any public passenger transportation permit falls on any day when offices of the commissioner are closed for business or are open for less than a full business day, the license or permit shall be deemed valid until midnight of the next day on which offices of the commissioner are open for a full day of business.

Sec. 33. Subsection (b) of section 14-44k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(b) In addition to any other penalties provided by law, and except as provided in subsection (d) of this section, a person is disqualified from operating a commercial motor vehicle for one year if convicted of one violation of (1) operating any motor vehicle while under the influence of intoxicating liquor or drugs, or both, under section 14-227a, (2) operating a commercial motor vehicle while having a blood alcohol concentration of four-hundredths of one per cent, or more, (3) evasion of responsibility under section 14-224, (4) using any motor vehicle in the commission of any felony, as defined in section 14-1, or (5) operating a commercial motor vehicle while the operator's commercial driver's license is revoked, suspended or cancelled, or while the operator is disqualified from operating a commercial motor vehicle. [, or (6) causing a fatality through the negligent or reckless operation of a commercial motor vehicle, as evidenced by a conviction of a violation of section 53a-56b, 53a-57, 53a-60d or 14-222a. ] In addition to any other penalties provided by law, and except as provided in subsection (d) of this section, a person is disqualified from operating a commercial motor vehicle for a period of not more than two years if convicted of one violation of causing a fatality through the negligent or reckless operation of a commercial motor vehicle, as evidenced by a conviction of a violation of section 14-222a, as amended by this act, or section 53a-56b, 53a-57 or 53a-60d.

Sec. 34. Section 14-222a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

[Any] (a) Except as provided in subsection (b) of this section, any person who, in consequence of the negligent operation of a motor vehicle, causes the death of another person shall be fined not more than one thousand dollars or imprisoned not more than six months or both.

(b) Any person who, in consequence of the negligent operation of a commercial motor vehicle, causes the death of another person shall be fined not more than two thousand five hundred dollars or imprisoned not more than six months, or both.

Sec. 35. Subsection (c) of section 14-164c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(c) The commissioner shall adopt regulations, in accordance with chapter 54, to implement the provisions of this section. Such regulations shall include provision for a periodic inspection of air pollution control equipment and compliance with or waiver of exhaust emission standards or compliance with or waiver of on-board diagnostic standards or other standards defined by the Commissioner of Environmental Protection and approved by the Administrator of the United States Environmental Protection Agency, compliance with or waiver of, air pollution control system integrity standards defined by the Commissioner of Environmental Protection and compliance with or waiver of purge system standards defined by the Commissioner of Environmental Protection. Such regulations may provide for an inspection procedure using an on-board diagnostic information system for all 1996 model year and newer motor vehicles. Such regulations shall apply to all motor vehicles registered or which will be registered in this state except: (1) Vehicles having a gross weight of more than ten thousand pounds; (2) vehicles powered by electricity; (3) bicycles with motors attached; (4) motorcycles; (5) vehicles operating with a temporary registration; (6) vehicles manufactured twenty-five or more years ago; (7) new vehicles at the time of initial registration; (8) vehicles registered but not designed primarily for highway use; (9) farm vehicles, as defined in subsection (q) of section 14-49; (10) diesel-powered type II school buses; [or] (11) a vehicle operated by a licensed dealer or repairer either to or from a location of the purchase or sale of such vehicle or for the purpose of obtaining an official emissions or safety inspection; or (12) vehicles that have met the inspection requirements of section 14-103a and are registered by the commissioner as composite vehicles. On and after July 1, 2002, such regulations shall exempt from the periodic inspection requirement any vehicle four or less model years of age, beginning with model year 2003 and the previous three model years, provided that such exemption shall lapse upon a finding by the Administrator of the United States Environmental Protection Agency or by the Secretary of the United States Department of Transportation that such exemption causes the state to violate applicable federal environmental or transportation planning requirements. Notwithstanding any provisions of this subsection, the commissioner may require an initial emissions inspection and compliance or waiver prior to registration of a new motor vehicle. If the Commissioner of Environmental Protection finds that it is necessary to inspect motor vehicles which are exempt under subdivision (1) or (4) of this subsection, or motor vehicles that are four or less model years of age in order to achieve compliance with federal law concerning emission reduction requirements, the Commissioner of Motor Vehicles may adopt regulations, in accordance with the provisions of chapter 54, to require the inspection of motorcycles, designated motor vehicles having a gross weight of more than ten thousand pounds or motor vehicles four or less model years of age.

Sec. 36. Subdivision (2) of subsection (f) of section 14-10 of the general statutes is amended by adding subparagraph (L) as follows (Effective October 1, 2007):

(NEW) (L) By any private detective or private detective licensed in accordance with the provisions of chapter 534, in connection with an investigation involving matters concerning motor vehicles.

Sec. 37. Section 14-36a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) A commercial driver's license issued in accordance with section 14-44c shall be designated as class A, B or C, in accordance with the provisions of subsection (b) of section 14-44d. All other operators' licenses shall be designated as class D. A license of any class that also authorizes the operation of a motorcycle shall contain the designation "M".

(b) A commercial driver's license which contains the endorsement "S" evidences that the holder meets the requirements of section 14-44 to operate a school bus or any vehicle described in subsection (c) of this section. A commercial driver's license may contain any of the following additional endorsements:

"P"- authorizes the operation of commercial motor vehicles designed to carry passengers;

"T"- authorizes the operation of vehicles with up to three trailing, nonpower units.

The commissioner may establish one or more restrictions on commercial driver's licenses of any class, in regulations adopted in accordance with the provisions of chapter 54.

(c) A commercial driver's license or a class D license that contains any of the following endorsements evidences that the holder meets the requirements of section 14-44:

"V"- authorizes the transportation of passengers in a student transportation vehicle, as defined in section 14-212, or any vehicle that requires an "A" or "F" endorsement;

"A"- authorizes the transportation of passengers in an activity vehicle, as defined in section 14-1, or any vehicle that requires an "F" endorsement; and

"F"- authorizes the transportation of passengers in a taxicab, motor vehicle in livery service, service bus or motor bus.

The commissioner may establish one or more endorsements or restrictions on class D licenses, in accordance with regulations adopted in accordance with the provisions of chapter 54.

[(d) On or after January 1, 2007, no person shall operate a camp vehicle, as defined in section 14-1, unless such person holds a "V" or "A" endorsement. ]

[(e)] (d) No person shall operate a motor vehicle in violation of the classification of the license issued to him.

[(f)] (e) Any person who violates any provision of subsection (d) or (e) of this section shall, for a first offense, be deemed to have committed an infraction and be fined not less than thirty-five dollars or more than fifty dollars and, for a subsequent offense, shall be fined not more than one hundred dollars or imprisoned not more than thirty days, or both.

Sec. 38. Section 14-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

[(a)] Terms used in this chapter shall be construed as follows, unless another construction is clearly apparent from the language or context in which the term is used or unless the construction is inconsistent with the manifest intention of the General Assembly:

(1) "Activity vehicle" means a student transportation vehicle that is used to transport students in connection with school-sponsored events and activities, but is not used to transport students to and from school;

(2) "Agricultural tractor" means a tractor or other form of nonmuscular motive power used for transporting, hauling, plowing, cultivating, planting, harvesting, reaping or other agricultural purposes on any farm or other private property, or used for the purpose of transporting, from one farm to another, agricultural implements and farm products, provided the agricultural tractor is not used on any highway for transporting a pay load or for some other commercial purpose;

(3) "Antique, rare or special interest motor vehicle" means a motor vehicle twenty years old or older which is being preserved because of historic interest and which is not altered or modified from the original manufacturer's specifications;

(4) "Apparent candle power" means an illumination equal to the normal illumination in foot candles produced by any lamp or lamps, divided by the square of the distance in feet between the lamp or lamps and the point at which the measurement is made;

(5) "Authorized emergency vehicle" means (A) a fire department vehicle, (B) a police vehicle, or (C) a public service company or municipal department ambulance or emergency vehicle designated or authorized for use as an authorized emergency vehicle by the commissioner;

(6) "Auxiliary driving lamp" means an additional lighting device on a motor vehicle used primarily to supplement the general illumination in front of a motor vehicle provided by the motor vehicle's head lamps;

(7) "Bulb" means a light source consisting of a glass bulb containing a filament or substance capable of being electrically maintained at incandescence;

(8) "Camp trailer" includes any trailer designed and used exclusively for camping or recreational purposes;

(9) "Camper" means any motor vehicle designed or permanently altered in such a way as to provide temporary living quarters for travel, camping or recreational purposes;

(10) "Combination registration" means the type of registration issued to a motor vehicle used for both private passenger and commercial purposes if such vehicle does not have a gross vehicle weight rating in excess of twelve thousand five hundred pounds;

(11) "Commercial driver's license" or "CDL" means a license issued to an individual in accordance with the provisions of sections 14-44a to 14-44m, inclusive, which authorizes such individual to drive a commercial motor vehicle;

(12) "Commercial driver's license information system" or "CDLIS" means the national database of holders of commercial driver's licenses established by the Federal Motor Carrier Safety Administration pursuant to Section 12007 of the Commercial Motor Vehicle Safety Act of 1986;

(13) "Commercial motor vehicle" means a vehicle designed or used to transport passengers or property, except a vehicle used for farming purposes in accordance with 49 CFR 383. 3(d), fire fighting apparatus or an emergency vehicle, as defined in section 14-283, or a recreational vehicle in private use, which (A) has a gross vehicle weight rating of twenty-six thousand and one pounds or more, or gross combination weight rating of twenty-six thousand and one pounds or more, inclusive of a towed unit or units with a gross vehicle weight rating of more than ten thousand pounds; (B) is designed to transport sixteen or more passengers, including the driver, or is designed to transport more than ten passengers, including the driver, and is used to transport students under the age of twenty-one years to and from school; or (C) is transporting hazardous materials and is required to be placarded in accordance with 49 CFR 172, Subpart F, as amended, or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73;

(14) "Commercial registration" means the type of registration required for any motor vehicle designed or used to transport merchandise, freight or persons in connection with any business enterprise, unless a more specific type of registration is authorized and issued by the commissioner for such class of vehicle;

(15) "Commercial trailer" means a trailer used in the conduct of a business to transport freight, materials or equipment whether or not permanently affixed to the bed of the trailer;

(16) "Commissioner" includes the Commissioner of Motor Vehicles and any assistant to the Commissioner of Motor Vehicles who is designated and authorized by, and who is acting for, the Commissioner of Motor Vehicles under a designation; except that the deputy commissioners of motor vehicles and the Attorney General are deemed, unless the Commissioner of Motor Vehicles otherwise provides, to be designated and authorized by, and acting for, the Commissioner of Motor Vehicles under a designation;

(17) "Controlled substance" has the same meaning as in section 21a-240 and the federal laws and regulations incorporated in chapter 420b;

(18) "Conviction" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated;

(19) "Dealer" includes any person actively engaged in buying, selling or exchanging motor vehicles or trailers who has an established place of business in this state and who may, incidental to such business, repair motor vehicles or trailers, or cause them to be repaired by persons in his or her employ;

(20) "Disqualification" means a withdrawal of the privilege to drive a commercial motor vehicle, which occurs as a result of (A) any suspension, revocation, or cancellation by the commissioner of the privilege to operate a motor vehicle; (B) a determination by the Federal Highway Administration, under the rules of practice for motor carrier safety contained in 49 CFR 386, as amended, that a person is no longer qualified to operate a commercial motor vehicle under the standards of 49 CFR 391, as amended; or (C) the loss of qualification which follows any of the convictions or administrative actions specified in section 14-44k;

(21) "Drive" means to drive, operate or be in physical control of a motor vehicle, including a motor vehicle being towed by another;

(22) "Driver" means any person who drives, operates or is in physical control of a commercial motor vehicle, or who is required to hold a commercial driver's license;

(23) "Driver's license" or "operator's license" means a valid Connecticut motor vehicle operator's license or a license issued by another state or foreign jurisdiction authorizing the holder thereof to operate a motor vehicle on the highways;

(24) "Employee" means any operator of a commercial motor vehicle, including full-time, regularly employed drivers, casual, intermittent or occasional drivers, drivers under contract and independent, owner-operator contractors, who, while in the course of operating a commercial motor vehicle, are either directly employed by, or are under contract to, an employer;

(25) "Employer" means any person, including the United States, a state or any political subdivision thereof, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle;

(26) "Farm implement" means a vehicle designed and adapted exclusively for agricultural, horticultural or livestock-raising operations and which is not operated on a highway for transporting a pay load or for any other commercial purpose;

(27) "Felony" means any offense as defined in section 53a-25 and includes any offense designated as a felony under federal law;

(28) "Fatality" means the death of a person as a result of a motor vehicle accident;

(29) "Foreign jurisdiction" means any jurisdiction other than a state of the United States;

(30) "Fuels" means (A) all products commonly or commercially known or sold as gasoline, including casinghead and absorption or natural gasoline, regardless of their classification or uses, (B) any liquid prepared, advertised, offered for sale or sold for use, or commonly and commercially used, as a fuel in internal combustion engines, which, when subjected to distillation in accordance with the standard method of test for distillation of gasoline, naphtha, kerosene and similar petroleum products by "American Society for Testing Materials Method D-86", shows not less than ten per cent distilled (recovered) below 347 Fahrenheit (175 Centigrade) and not less than ninety-five per cent distilled (recovered) below 464 Fahrenheit (240 Centigrade); provided the term "fuels" shall not include commercial solvents or naphthas which distill, by "American Society for Testing Materials Method D-86", not more than nine per cent at 176 Fahrenheit and which have a distillation range of 150 Fahrenheit, or less, or liquefied gases which would not exist as liquids at a temperature of 60 Fahrenheit and a pressure of 14. 7 pounds per square inch absolute, and (C) any liquid commonly referred to as "gasohol" which is prepared, advertised, offered for sale or sold for use, or commonly and commercially used, as a fuel in internal combustion engines, consisting of a blend of gasoline and a minimum of ten per cent by volume of ethyl or methyl alcohol;

(31) "Garage" includes every place of business where motor vehicles are, for compensation, received for housing, storage or repair;

(32) "Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer as the maximum loaded weight of a single or a combination (articulated) vehicle. The GVWR of a combination (articulated) vehicle commonly referred to as the "gross combination weight rating" or GCWR is the GVWR of the power unit plus the GVWR of the towed unit or units;

(33) "Gross weight" means the light weight of a vehicle plus the weight of any load on the vehicle, provided, in the case of a tractor-trailer unit, "gross weight" means the light weight of the tractor plus the light weight of the trailer or semitrailer plus the weight of the load on the vehicle;

(35) "Head lamp" means a lighting device affixed to the front of a motor vehicle projecting a high intensity beam which lights the road in front of the vehicle so that it can proceed safely during the hours of darkness;

(36) "High-mileage vehicle" means a motor vehicle having the following characteristics: (A) Not less than three wheels in contact with the ground; (B) a completely enclosed seat on which the driver sits; (C) a single or two cylinder, gasoline or diesel engine or an electric-powered engine; and (D) efficient fuel consumption;

(37) "Highway" includes any state or other public highway, road, street, avenue, alley, driveway, parkway or place, under the control of the state or any political subdivision of the state, dedicated, appropriated or opened to public travel or other use;

(38) "Imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment;

(39) "Intersecting highway" includes any public highway which joins another at an angle whether or not it crosses the other;

(40) "Light weight" means the weight of an unloaded motor vehicle as ordinarily equipped and ready for use, exclusive of the weight of the operator of the motor vehicle;

(41) "Limited access highway" means a state highway so designated under the provisions of section 13b-27;

(42) "Local authorities" includes the board of aldermen, common council, chief of police, warden and burgesses, board of selectmen or other officials having authority for the enactment or enforcement of traffic regulations within their respective towns, cities or boroughs;

(43) "Maintenance vehicle" means any vehicle in use by the state or by any town, city, borough or district, any state bridge or parkway authority or any public service company, as defined in section 16-1, in the maintenance of public highways or bridges and facilities located within the limits of public highways or bridges;

(44) "Manufacturer" means (A) a person, whether a resident or nonresident, engaged in the business of constructing or assembling new motor vehicles of a type required to be registered by the commissioner, for operation upon any highway, except a utility trailer, which are offered for sale in this state, or (B) a person who distributes new motor vehicles to new car dealers licensed in this state;

(45) "Median divider" means an intervening space or physical barrier or clearly indicated dividing section separating traffic lanes provided for vehicles proceeding in opposite directions;

(46) "Modified antique motor vehicle" means a motor vehicle twenty years old or older which has been modified for safe road use, including, but not limited to, modifications to the drive train, suspension, braking system and safety or comfort apparatus;

(47) "Motor bus" includes any motor vehicle, except a taxicab, as defined in section 13b-95, operated in whole or in part on any street or highway in a manner affording a means of transportation by indiscriminately receiving or discharging passengers, or running on a regular route or over any portion of a regular route or between fixed termini;

(48) "Motor home" means a vehicular unit designed to provide living quarters and necessary amenities which are built into an integral part of, or permanently attached to, a truck or van chassis;

(49) "Motorcycle" means a motor vehicle, with or without a side car, having not more than three wheels in contact with the ground and a saddle or seat on which the rider sits or a platform on which the rider stands and includes bicycles having a motor attached, except bicycles propelled by means of a helper motor as defined in section 14-286, but does not include a vehicle having or designed to have a completely enclosed driver's seat and a motor which is not in the enclosed area;

(50) "Motor vehicle" means any vehicle propelled or drawn by any nonmuscular power, except aircraft, motor boats, road rollers, baggage trucks used about railroad stations or other mass transit facilities, electric battery-operated wheel chairs when operated by physically handicapped persons at speeds not exceeding fifteen miles per hour, golf carts operated on highways solely for the purpose of crossing from one part of the golf course to another, golf-cart-type vehicles operated on roads or highways on the grounds of state institutions by state employees, agricultural tractors, farm implements, such vehicles as run only on rails or tracks, self-propelled snow plows, snow blowers and lawn mowers, when used for the purposes for which they were designed and operated at speeds not exceeding four miles per hour, whether or not the operator rides on or walks behind such equipment, bicycles with helper motors as defined in section 14-286, special mobile equipment as defined in subsection (i) of section 14-165, mini-motorcycle, as defined in section 14-289j, and any other vehicle not suitable for operation on a highway;

(51) "National Driver Registry" or "NDR" means the licensing information system and database operated by the National Highway Traffic Safety Administration and established pursuant to the National Driver Registry Act of 1982, as amended;

(52) "New motor vehicle" means a motor vehicle, the equitable or legal title to which has never been transferred by a manufacturer, distributor or dealer to an ultimate consumer;

(53) "Nonresident" means any person whose legal residence is in a state other than Connecticut or in a foreign country;

(54) "Nonresident commercial driver's license" or "nonresident CDL" means a commercial driver's license issued by a state to an individual who resides in a foreign jurisdiction;

(55) "Nonskid device" means any device applied to the tires, wheels, axles or frame of a motor vehicle for the purpose of increasing the traction of the motor vehicle;

(56) "Number plate" means any sign or marker furnished by the commissioner on which is displayed the registration number assigned to a motor vehicle by the commissioner;

(57) "Officer" includes any constable, state marshal, inspector of motor vehicles, state policeman or other official authorized to make arrests or to serve process, provided the officer is in uniform or displays the officer's badge of office in a conspicuous place when making an arrest;

(58) "Operator" means any person who operates a motor vehicle or who steers or directs the course of a motor vehicle being towed by another motor vehicle and includes a driver as defined in subdivision (22) of this section;

(59) "Out-of-service order" means a temporary prohibition against driving a commercial motor vehicle or any other vehicle subject to the federal motor carrier safety regulations enforced by the commissioner pursuant to the commissioner's authority under section 14-8;

(60) "Owner" means any person holding title to a motor vehicle, or having the legal right to register the same, including purchasers under conditional bills of sale;

(61) "Parked vehicle" means a motor vehicle in a stationary position within the limits of a public highway;

(62) "Passenger and commercial motor vehicle" means a motor vehicle used for private passenger and commercial purposes which is eligible for combination registration;

(63) "Passenger motor vehicle" means a motor vehicle used for the private transportation of persons and their personal belongings, designed to carry occupants in comfort and safety, with a capacity of carrying not more than ten passengers including the operator thereof;

(64) "Passenger registration" means the type of registration issued to a passenger motor vehicle unless a more specific type of registration is authorized and issued by the commissioner for such class of vehicle;

(65) "Person" includes any individual, corporation, limited liability company, association, copartnership, company, firm, business trust or other aggregation of individuals but does not include the state or any political subdivision thereof, unless the context clearly states or requires;

(66) "Pick-up truck" means a motor vehicle with an enclosed forward passenger compartment and an open rearward compartment used for the transportation of property;

(68) "Pole trailer" means a trailer which is (A) intended for transporting long or irregularly shaped loads such as poles, logs, pipes or structural members, which loads are capable of sustaining themselves as beams between supporting connections, and (B) designed to be drawn by a motor vehicle and attached or secured directly to the motor vehicle by any means including a reach, pole or boom;

(69) "Recreational vehicle" includes the camper, camp trailer and motor home classes of vehicles;

(70) "Registration" includes the certificate of motor vehicle registration and the number plate or plates used in connection with such registration;

(71) "Registration number" means the identifying number or letters, or both, assigned by the commissioner to a motor vehicle;

(72) "Resident", for the purpose of registering motor vehicles, includes any person having a place of residence in this state, occupied by such person for more than six months in a year, or any person, firm or corporation owning or leasing a motor vehicle used or operated in intrastate business in this state, or a firm or corporation having its principal office or place of business in this state;

(73) "School bus" means any school bus, as defined in section 14-275, including a commercial motor vehicle used to transport preschool, elementary school or secondary school students from home to school, from school to home, or to and from school-sponsored events, but does not include a bus used as a common carrier;

(74) "Second" violation or "subsequent" violation means an offense committed not more than three years after the date of an arrest which resulted in a previous conviction for a violation of the same statutory provision, except in the case of a violation of section 14-215 or 14-224 or subsection (a) of section 14-227a, "second" violation or "subsequent" violation means an offense committed not more than ten years after the date of an arrest which resulted in a previous conviction for a violation of the same statutory provision;

(75) "Semitrailer" means any trailer type vehicle designed and used in conjunction with a motor vehicle so that some part of its own weight and load rests on or is carried by another vehicle;

(76) "Serious traffic violation" means a conviction of any of the following offenses: (A) Speeding in excess of fifteen miles per hour or more over the posted speed limit, in violation of section 14-218a or 14-219; (B) reckless driving in violation of section 14-222; (C) following too closely in violation of section 14-240 or 14-240a; (D) improper or erratic lane changes, in violation of section 14-236; (E) driving a commercial motor vehicle without a valid commercial driver's license in violation of section 14-36a or 14-44a; (F) failure to carry a commercial driver's license in violation of section 14-44a; (G) failure to have the proper class of license or endorsement, or violation of a license restriction in violation of section 14-44a; or (H) arising in connection with an accident related to the operation of a commercial motor vehicle and which resulted in a fatality;

(77) "Service bus" includes any vehicle except a vanpool vehicle or a school bus designed and regularly used to carry ten or more passengers when used in private service for the transportation of persons without charge to the individual;

(78) "Service car" means any motor vehicle used by a manufacturer, dealer or repairer for emergency motor vehicle repairs on the highways of this state, for towing or for the transportation of necessary persons, tools and materials to and from the scene of such emergency repairs or towing;

(79) "Shoulder" means that portion of a highway immediately adjacent and contiguous to the travel lanes or main traveled portion of the roadway;

(80) "Solid tires" means tires of rubber, or other elastic material approved by the Commissioner of Transportation, which do not depend on confined air for the support of the load;

(81) "Spot lamp" or "spot light" means a lighting device projecting a high intensity beam, the direction of which can be readily controlled for special or emergency lighting as distinguished from ordinary road illumination;

(82) "State" means any state of the United States and the District of Columbia unless the context indicates a more specific reference to the state of Connecticut;

(84) "Tail lamp" means a lighting device affixed to the rear of a motor vehicle showing a red light to the rear and indicating the presence of the motor vehicle when viewed from behind;

(85) "Tank vehicle" means any commercial motor vehicle designed to transport any liquid or gaseous material within a tank that is either permanently or temporarily attached to the vehicle or its chassis which shall include, but not be limited to, a cargo tank and portable tank, as defined in 49 CFR 383. 5, as amended, provided it shall not include a portable tank with a rated capacity not to exceed one thousand gallons;

(86) "Tractor" or "truck tractor" means a motor vehicle designed and used for drawing a semitrailer;

(87) "Tractor-trailer unit" means a combination of a tractor and a trailer or a combination of a tractor and a semitrailer;

(88) "Trailer" means any rubber-tired vehicle without motive power drawn or propelled by a motor vehicle;

(89) "Truck" means a motor vehicle designed, used or maintained primarily for the transportation of property;

(90) "Ultimate consumer" means, with respect to a motor vehicle, the first person, other than a dealer, who in good faith purchases the motor vehicle for purposes other than resale;

(92) "Used motor vehicle" includes any motor vehicle which has been previously separately registered by an ultimate consumer;

(93) "Utility trailer" means a trailer designed and used to transport personal property, materials or equipment, whether or not permanently affixed to the bed of the trailer, with a manufacturer's GVWR of ten thousand pounds or less;

(94) "Vanpool vehicle" includes all motor vehicles, the primary purpose of which is the daily transportation, on a prearranged nonprofit basis, of individuals between home and work, and which: (A) If owned by or leased to a person, or to an employee of the person, or to an employee of a local, state or federal government unit or agency located in Connecticut, are manufactured and equipped in such manner as to provide a seating capacity of at least seven but not more than fifteen individuals, or (B) if owned by or leased to a regional ride-sharing organization in the state recognized by the Commissioner of Transportation, are manufactured and equipped in such manner as to provide a seating capacity of at least six but not more than nineteen individuals;

(95) "Vehicle" includes any device suitable for the conveyance, drawing or other transportation of persons or property, whether operated on wheels, runners, a cushion of air or by any other means. The term does not include devices propelled or drawn by human power or devices used exclusively on tracks;

(96) "Vehicle identification number" or "VIN" means a series of Arabic numbers and Roman letters that is assigned to each new motor vehicle that is manufactured within or imported into the United States, in accordance with the provisions of 49 CFR 565, unless another sequence of numbers and letters has been assigned to a motor vehicle by the commissioner, in accordance with the provisions of section 14-149;

(97) "Wrecker" means a vehicle which is registered, designed, equipped and used for the purposes of towing or transporting wrecked or disabled motor vehicles for compensation or for related purposes by a person, firm or corporation licensed in accordance with the provisions of subpart (D) of part III of this chapter or a vehicle contracted for the consensual towing or transporting of one or more motor vehicles to or from a place of sale, purchase, salvage or repair;

(98) "Camp vehicle" means any motor vehicle that is regularly used to transport persons under eighteen years of age in connection with the activities of any youth camp, as defined in section 19a-420.

[(b) For the purposes of sections 14-39, 14-41, 14-44, 14-50, 14-273, 14-274, 14-275c, 14-276, 14-276a and 14-281b, "public passenger transportation permit" shall mean, until July 1, 1991, public service motor vehicle operator's license. ]

Sec. 39. (NEW) (Effective October 1, 2007) (a) Notwithstanding any other provision of chapter 246, the Commissioner of Motor Vehicles may register a DUKW amphibious vehicle, manufactured by General Motors Corporation during the years 1942 to 1945, inclusive, or similar amphibious vehicle as an antique, rare or special interest motor vehicle, in accordance with the provisions of section 14-20, unless such amphibious vehicle has been modified by the addition of seats to transport passengers for hire, in which case the commissioner may issue to the owner of such amphibious vehicle registration for a motor bus, in accordance with the provisions of subsection (d) of section 14-49. No such registration shall be issued until such amphibious vehicle has passed a safety inspection conducted by the Department of Motor Vehicles.

(b) Any traffic authority, as defined in subdivision (6) of section 14-297, may impose restrictions or prohibitions concerning the use and operation of any such amphibious vehicle registered as a motor bus, on any highway or bridge under its jurisdiction as such traffic authority determines to be necessary for the protection of the passengers of such amphibious vehicle and highway users.

Sec. 40. Subdivision (2) of subsection (b) of section 14-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(2) Except as provided in subsection (c) of this section, in addition to the penalty prescribed under subdivision (1) of this subsection, any person who violates any provision of subsection (a) of this section who (A) has, prior to the commission of the present violation, committed a violation of subsection (a) of this section or section 14-36 shall be fined not more than five hundred dollars or sentenced to perform not more than one hundred hours of community service, or (B) has, prior to the commission of the present violation, committed two or more violations of subsection (a) of this section or section 14-36, or any combination thereof, shall be sentenced to a term of imprisonment of [ninety days which may not be suspended or reduced in any manner] one year, ninety days of which may not be suspended or reduced in any manner.

Sec. 41. Subdivision (2) of subsection (k) of section 14-111 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(2) Any person whose license has been revoked in accordance with subparagraph (C) of subdivision (3) of subsection (g) of section 14-227a on or after October 1, 1999, may, at any time after [ten] six years from the date of such revocation, [make application to the commissioner in accordance with] request a hearing before the commissioner, conducted in accordance with the provisions of chapter 54, and the provisions of subdivision (1) of this subsection for reversal or reduction of such revocation. The commissioner shall require such person to provide evidence that any reversal or reduction of such revocation shall not endanger the public safety or welfare. Such evidence shall include, but not be limited to, proof that such person has successfully completed an alcohol education and treatment program, and proof that such person has not been convicted of any offense related to alcohol, controlled substances or drugs during the preceding six years. The commissioner shall require any person, as a condition of granting such reversal or reduction, to install and maintain an approved ignition interlock device, in accordance with the provisions of subsection (i) of section 14-227a, as amended by this act. The approved ignition interlock device shall be installed and maintained from the date such reversal or reduction is granted until ten years has passed since the date of such revocation. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to establish standards to implement the provisions of this section.

Sec. 42. Subsection (f) of section 54-56g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(f) The provisions of this section shall not be applicable in the case of any person charged with a violation of section 14-227a while operating a commercial motor vehicle, as defined in section 14-1, as amended by this act. [or who is the holder of a commercial driver's license, as defined in section 14-1. ]

Sec. 43. Section 14-103a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

Any motor vehicle, composed or assembled from the several parts of other motor vehicles, or the identification and body contours of which are so altered that the vehicle no longer bears the characteristics of any specific make of motor vehicle, or declared a total loss by any insurance carrier and subsequently rebuilt, shall be inspected by the commissioner to determine whether the vehicle is properly equipped, in good mechanical condition and in the possession of its lawful owner. Such vehicle shall be presented for inspection at any Department of Motor Vehicles office [or any official emissions inspection station authorized by the Commissioner of Motor Vehicles] to conduct such inspection. The commissioner may require any person presenting any such reassembled, altered or rebuilt vehicle for inspection to provide proof of lawful purchase of any major component parts not part of the vehicle when first sold by the manufacturer. The fee for such inspection shall be eighty-eight dollars. The inspection fee shall be in addition to regular registration fees. [All moneys received from the fee imposed pursuant to this section and collected at an official emissions inspection station shall be deposited in a separate safety inspection account within the Emissions Inspection Fund. ]

Sec. 44. Subsection (b) of section 51-164n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(b) Notwithstanding any provision of the general statutes, any person who is alleged to have committed (1) a violation under the provisions of section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7-393, 8-25, 8-27, 9-63, 9-296, 9-305, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-251, 10-254, 12-52, 12-170aa, 12-292, or 12-326g, subdivision (4) of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12-435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247 or 13a-253, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, subsection (a), (b) or (c) of section 13b-412, section 13b-414, subsection (d) of section 14-12, section 14-20a or 14-27a, subsection (e) of section 14-34a, subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or 14-58, subsection (b) of section 14-66, section 14-66a, 14-66b or 14-67a, subsection (g) of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b, 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first violation as specified in subsection (f) of section 14-164i, section 14-219 as specified in subsection (e) of said section, subdivision (1) of section 14-223a, section 14-240, 14-249 or 14-250, subsection (a) [, (b) or (c)] of section 14-261a, as amended by this act, section 14-262, 14-264, 14-267a, 14-269, 14-270, 14-275a, 14-278 or 14-279, subsection (e) of section 14-283, section 14-291, 14-293b, 14-296aa, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or 14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-33, subsection (a) of section 15-115, section 16-256, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of section 16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17a-642, 17b-124, 17b-131, 17b-137 or 17b-734, subsection (b) of section 17b-736, section 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section 19a-87a, section 19a-91, 19a-105, 19a-107, 19a-215, 19a-219, 19a-222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-231, 20-257, 20-265 or 20-324e, subsection (a) of section 20-341, section 20-341l, 20-597, 20-608, 20-610, 21-30, 21-38, 21-39, 21-43, 21-47, 21-48, 21-63, 21-76a, 21a-21, 21a-25, 21a-26 or 21a-30, subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63 or 21a-77, subsection (b) of section 21a-79, section 21a-85, 21a-154, 21a-159, 22-13, 22-14, 22-15, 22-16, 22-29, 22-34, 22-35, 22-36, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 22-39d, 22-39e, 22-49, 22-54, 22-61, 22-89, 22-90, 22-98, 22-99, 22-100, 22-111o, 22-279, 22-280a, 22-318a, 22-320h, 22-324a, 22-326 or 22-342, subsection (b) or (e) of section 22-344, section 22-359, 22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, subsection (a) of section 22a-250, subsection (e) of section 22a-256h, subsection (a) of section 22a-381d, section 22a-449, 22a-461, 23-37, 23-38, 23-46 or 23-61b, subsection (a) or (b) of section 23-65, section 25-37, 25-40, 26-19, 26-21, 26-31, 26-40, 26-40a, 26-49, 26-54, 26-59, 26-61, 26-64, 26-79, 26-89, 26-97, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138, 26-141, 26-207, 26-215, 26-224a, 26-227, 26-230, 26-294, 28-13, 29-6a, 29-109, 29-143o, 29-143z, 29-161y, 29-161z, 29-198, 29-210, 29-243, 29-277, 29-316, 29-318, 29-341, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-28, 31-32, 31-36, 31-38, 31-38a, 31-40, 31-44, 31-47, 31-48, 31-51, 31-51k, 31-52, 31-52a or 31-54, subsection (a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or 31-134, subsection (i) of section 31-273, section 31-288, 36a-787, 42-230, 45a-450, 45a-634 or 45a-658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46b-22, 46b-24, 46b-34, 46b-38dd, 46b-38gg, 46b-38kk, 47-34a, 47-47, 49-8a, 49-16 or 53-133, subsection (a) or (b) of section 53-211, or section 53-212a, 53-249a, 53-252, 53-264, 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-323, 53-331, 53-344 or 53-450, or (2) a violation under the provisions of chapter 268, or (3) a violation of any regulation adopted in accordance with the provisions of section 12-484, 12-487 or 13b-410, or (4) a violation of any ordinance, regulation or bylaw of any town, city or borough, except violations of building codes and the health code, for which the penalty exceeds ninety dollars but does not exceed two hundred fifty dollars, unless such town, city or borough has established a payment and hearing procedure for such violation pursuant to section 7-152c, shall follow the procedures set forth in this section.

Sec. 45. Subsection (b) of section 14-41a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(b) Notwithstanding the provisions of subsection (a) of [section 14-36d] section 18 of this act, the Commissioner of Motor Vehicles may waive the requirement that a motor vehicle operator's license issued to an operator sixty-five years of age or older bear a photograph of the operator upon written application by such operator and a showing of hardship, which shall include, but not be limited to, the proximity of such operator's residence to a Department of Motor Vehicles branch office providing license renewal services.

Sec. 46. (Effective from passage) (a) There is established a task force to study the issue of abandoned motor vehicles in the state. Such study shall include, but not be limited to, an examination of (1) the magnitude of the problem of abandoned motor vehicles, including motor vehicles that have been towed by state and municipal law enforcement agencies, (2) procedures for the disposal of abandoned motor vehicles, (3) the cost of disposal of abandoned motor vehicles, (4) the impact on municipal tax rolls, and (5) other states' legislation regarding abandoned motor vehicles.

(1) One representative of a consumer advocacy group, who shall be appointed by the speaker of the House of Representatives;

(2) One representative of the Towing and Recovery Professionals of Connecticut, who shall be appointed by the president pro tempore of the Senate;

(3) A representative of the Connecticut Tax Collectors Association, who shall be appointed by the majority leader of the House of Representatives;

(4) A representative of a property owners association, who shall be appointed by the majority leader of the Senate;

(5) One representative of a consumer advocacy group, who shall be appointed by the minority leader of the House of Representatives;

(6) One representative of the Towing and Recovery Profession of Connecticut, who shall be appointed by the minority leader of the Senate;

(7) A representative of the Connecticut Conference of Municipalities, who shall be appointed by the Governor;

(9) The cochairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to transportation, or their designees.

(c) Any member of the task force appointed under subdivision (1), (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member of the General Assembly.

(d) All appointments to the task force shall be made no later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.

(e) The speaker of the House of Representatives and the president pro tempore of the Senate shall select the chairpersons of the task force, from among the members of the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held no later than sixty days after the effective date of this section.

(f) The administrative staff of the task force shall be provided by members of the task force, in a manner to be determined by the chairpersons of the task force.

(g) Not later than February 1, 2008, the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to transportation, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits such report or February 1, 2008, whichever is later.

Sec. 47. Subsection (a) of section 14-44 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) (1) No person shall operate a commercial motor vehicle used for passenger transportation on any public highway of this state until he has obtained a commercial driver's license with a passenger endorsement from the commissioner, except a nonresident who holds such license with such endorsement issued by another state. (2) No person shall operate a school bus until he has obtained a commercial driver's license with a school bus endorsement, except that a person who holds such a license without such endorsements may operate a school bus without passengers for the purpose of road testing or moving the vehicle. (3) No person shall operate a student transportation vehicle, as defined in section 14-212, activity vehicle, [camp vehicle,] taxicab, motor vehicle in livery service, motor bus or service bus until he has obtained an operator's license bearing an endorsement of the appropriate type from the commissioner issued in accordance with the provisions of this section and section 14-36a.

Sec. 48. (Effective from passage) The Department of Motor Vehicles building located at 60 State Street, Wethersfield, CT, shall be designated the "Biagio "Billy" Ciotto Building".

Sec. 49. Section 30-89 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Any person to whom the sale of alcoholic liquor is by law forbidden who purchases or attempts to purchase such liquor or who makes any false statement for the purpose of procuring such liquor shall be fined not less than two hundred nor more than five hundred dollars.

(b) Any minor who possesses any alcoholic liquor [on public or private property] on (1) any public street or highway, or (2) in any other public or private location, shall, for a first offense, have committed an infraction and for any subsequent offense, be fined not less than two hundred dollars or more than five hundred dollars.

(c) The provisions of [this] subsection (b), shall not apply to (1) a person over age eighteen who is an employee or permit holder under section 30-90a and who possesses alcoholic liquor in the course of such person's employment or business, (2) a minor who possesses alcoholic liquor on the order of a practicing physician, or (3) a minor who possesses alcoholic liquor while accompanied by a parent, guardian or spouse of the minor, who has attained the age of twenty-one. Nothing in this subsection shall be construed to burden a person's exercise of religion under section 3 of article first of the Constitution of the state in violation of subsection (a) of section 52-571b.

Sec. 50. Subsection (a) of section 14-111e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Commissioner of Motor Vehicles shall suspend, for a period of one hundred fifty days, the motor vehicle operator's license or nonresident operating privilege of any person under the age of twenty-one who has been convicted of a violation of section 30-88a involving the misuse of an operator's license. [or section 30-89 involving the purchase and possession of alcoholic liquor by a minor. ] The commissioner shall suspend, for a period of sixty days, the motor vehicle operator's license or nonresident operating privilege of any person under the age of twenty-one who has been convicted of a violation of subdivision (1) of subsection (b) of section 30-89, as amended by this act. The commissioner shall suspend, for a period of thirty days, the motor vehicle operator's license or nonresident operating privilege of any person under the age of twenty-one who has been convicted of a violation of subdivision (2) of subsection (b) of section 30-89, as amended by this act. "

Senator Roraback of the 30th offered Senate Amendment Schedule “B” (LCO 8482) and moved adoption.

"The commissioner shall conform any suspension for violation of section 30-89, as amended by this act, that is in effect on the effective date of this act, to comply with the provisions of this section. "

On motion of Senator DeFronzo of the 6th, the bill as amended by Senate Amendment Schedule “A” (LCO 8060) and “B” (LCO 8482) were placed on the Consent Calendar No. 1.

The following favorable report was taken from the table, read the third time, the report of the Committee accepted and the bill passed.

ENERGY AND TECHNOLOGY. Substitute for H. B. No. 6980 (RAISED) (File Nos. 328 and 661) AN ACT CONCERNING HEATING OIL AND PROPANE GAS CHARGES. (As amended by House Amendment Schedule "A").

Senator Colapietro of the 31st explained the bill as amended, offered Senate Amendment Schedule “A” (LCO 7685) and moved adoption.

Remarking were Senators Duff of the 25th, Caligiuri of the 16th, Kissel of the 7th, McDonald of the 27th, Nickerson of the 36th, Freedman of the 26th, Cappiello of the 24th, Gomes of the 23rd and Williams of the 29th.

In accordance with the provisions of Article 4, Section 17 of the Connecticut State Constitution, the Lieutenant Governor voted in the affirmative Senate Amendment Schedule “A” (LCO 7685) was adopted.

	N	1	JOHN W. FONFARA		N	19	EDITH G. PRAGUE
Y		2	ERIC D. COLEMAN		N	20	ANDREA STILLMAN
	N	3	GARY D. LEBEAU	Y		21	DAN DEBICELLA
Y		4	MARY ANN HANDLEY	Y		22	BILL FINCH
	N	5	JONATHAN HARRIS	Y		23	EDWIN A. GOMES
	N	6	DONALD J. DEFRONZO		N	24	DAVID CAPPIELLO
Y		7	JOHN A. KISSEL	Y		25	BOB DUFF
Y		8	THOMAS HERLIHY	Y		26	JUDITH G. FREEDMAN
	N	9	PAUL DOYLE	Y		27	ANDREW J. MCDONALD
Y		10	TONI N. HARP	Y		28	JOHN MCKINNEY
Y		11	MARTIN M. LOONEY		N	29	DONALD E. WILLIAMS, JR.
	N	12	EDWARD MEYER	Y		30	ANDREW W. RORABACK
	N	13	THOMAS P. GAFFEY	Y		31	THOMAS A. COLAPIETRO
	N	14	GAYLE SLOSSBERG		N	32	LOUIS C. DELUCA
	N	15	JOAN V. HARTLEY		N	33	EILEEN M. DAILY
	N	16	SAM CALIGIURI	Y		34	LEONARD FASANO
Y		17	JOSEPH J. CRISCO, JR.		N	35	ANTHONY GUGLIELMO
	N	18	ANDREW MAYNARD	Y		36	WILLIAM H. NICKERSON

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Section 16a-23 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) No person engaged in the business of refining petroleum into gasoline and furnishing gasoline to retail distributors of gasoline for sale to the public in this state shall fail to furnish gasoline to independent retail distributors of gasoline in this state, whether or not franchised by such person, at wholesale prices in reasonable quantities as long as [he] such person continues to furnish gasoline to retail distributors of gasoline in this state which are wholly owned by [him] such person or operated under a franchise granted by [him] such person.

(b) It shall constitute, prima facie, a violation of the provisions of subsection (a) of this section for any such person (1) during any calendar month beginning after July 1, 1973, to deliver to independent retail distributors of gasoline in this state a percentage of the total gallons of gasoline delivered by [him] such person to all retail distributors of gasoline in this state during that month which is lower than the percentage of the total gallons of gasoline delivered by [him] such person to all retail distributors of gasoline in this state during the period from July 1, 1971, to June 30, 1972, which was delivered by [him] such person to independent retail distributors of gasoline in this state during that period, or (2) to sell gasoline to independent retail distributors of gasoline in this state at a price during any such month which is greater than (A) the average price at which [he] such person sold gasoline to such distributors during the period from July 1, 1971, to June 30, 1972, increased by (B) a percentage equal to the percentage by which the average price for gasoline sold during that month to retail distributors of gasoline which are wholly owned by, or operated under a franchise granted by [, that] such person exceeds the average price for gasoline sold to such distributors during the period from July 1, 1971, to June 30, 1972.

(c) No producer or refiner of petroleum products who is subject to the provisions of section 14-344a and furnishes gasoline to a person that sells gasoline at retail in this state shall use a pricing system under which the wholesale price paid for such gasoline by such retail seller is determined based on the geographic location of such retail seller in any geographic zone in this state, or any other system that would prevent retail sellers of gasoline from paying lower prices on an equal basis with other retail sellers of gasoline in this state. Such producer and refiner shall not discriminate in the price of such gasoline charged to retail sellers of gasoline in this state, except to offer discounts or rebates that may be determined by such producer or refiner from time to time. Such discounts or rebates shall be disclosed by the producer or refiner to the retail sellers and shall be offered by the producer or refiner to all of its retail sellers on equal terms and conditions. When offered, all such discounts or rebates and the time period they are offered shall be listed as a separate line item entry on each invoice.

[(c)] (d) A violation of the provisions of subsection (a) or (c) of this section constitutes an unfair [trade practice within the provisions of chapter 735a] or deceptive act or practice in the conduct of a trade or commerce under subsection (a) of section 42-110b.

(e) The Governor may suspend the requirements of subsection (c) of this section pursuant to sections 16a-11 and 16a-12.

(f) The provisions of subsection (c) of this section shall expire two years from the effective date of this section. "

Senator Caligiuri of the 16th explained the bill, offered Senate Amendment Schedule “B” (LCO 8458) and moved adoption.

Remarking were Senators Colapietro of the 31st, Cappiello of the 24th and Daily of the 33rd and Harp of the 10th.

On the roll call vote Senate Amendment Schedule “B” (LCO 8458) was rejected.

	N	1	JOHN W. FONFARA		N	19	EDITH G. PRAGUE
	N	2	ERIC D. COLEMAN		N	20	ANDREA STILLMAN
	N	3	GARY D. LEBEAU	Y		21	DAN DEBICELLA
	N	4	MARY ANN HANDLEY		N	22	BILL FINCH
	N	5	JONATHAN HARRIS		N	23	EDWIN A. GOMES
	N	6	DONALD J. DEFRONZO	Y		24	DAVID CAPPIELLO
Y		7	JOHN A. KISSEL		N	25	BOB DUFF
Y		8	THOMAS HERLIHY	Y		26	JUDITH G. FREEDMAN
	N	9	PAUL DOYLE		N	27	ANDREW J. MCDONALD
	N	10	TONI N. HARP	Y		28	JOHN MCKINNEY
	N	11	MARTIN M. LOONEY		N	29	DONALD E. WILLIAMS, JR.
	N	12	EDWARD MEYER	Y		30	ANDREW W. RORABACK
	N	13	THOMAS P. GAFFEY		N	31	THOMAS A. COLAPIETRO
	N	14	GAYLE SLOSSBERG	Y		32	LOUIS C. DELUCA
	N	15	JOAN V. HARTLEY		N	33	EILEEN M. DAILY
Y		16	SAM CALIGIURI	Y		34	LEONARD FASANO
	N	17	JOSEPH J. CRISCO, JR.	Y		35	ANTHONY GUGLIELMO
	N	18	ANDREW MAYNARD	Y		36	WILLIAM H. NICKERSON

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Section 12-587 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) As used in this chapter: (1) "Company" includes a corporation, partnership, limited partnership, limited liability company, limited liability partnership, association, individual or any fiduciary thereof; (2) "quarterly period" means a period of three calendar months commencing on the first day of January, April, July or October and ending on the last day of March, June, September or December, respectively; (3) "gross earnings" means all consideration received from the first sale within this state of a petroleum product; (4) "petroleum products" means those products which contain or are made from petroleum or a petroleum derivative; (5) "first sale of petroleum products within this state" means the initial sale of a petroleum product delivered to a location in this state; (6) "export" or "exportation" means the conveyance of petroleum products from within this state to a location outside this state for the purpose of sale or use outside this state; and (7) "sale for exportation" means a sale of petroleum products to a purchaser which itself exports such products.

(b) (1) Except as otherwise provided in subdivision (2) of this subsection, any company which is engaged in the refining or distribution, or both, of petroleum products and which distributes such products in this state shall pay a quarterly tax on its gross earnings derived from the first sale of petroleum products within this state. Each company shall on or before the last day of the month next succeeding each quarterly period render to the commissioner a return on forms prescribed or furnished by the commissioner and signed by the person performing the duties of treasurer or an authorized agent or officer, including the amount of gross earnings derived from the first sale of petroleum products within this state for the quarterly period and such other facts as the commissioner may require for the purpose of making any computation required by this chapter. Except as otherwise provided in subdivision (3) of this subsection, the rate of tax shall be (A) five per cent with respect to calendar quarters prior to July 1, 2005; (B) five and eight-tenths per cent with respect to calendar quarters commencing on or after July 1, 2005, and prior to July 1, 2006; (C) six and three-tenths per cent with respect to calendar quarters commencing on or after July 1, 2006, and prior to July 1, 2007; and (D) [seven] five per cent with respect to calendar quarters commencing on or after July 1, 2007. [, and prior to July 1, 2008; (E) seven and one-half per cent with respect to calendar quarters commencing on or after July 1, 2008, and prior to July 1, 2013; and (F) eight and one-tenth per cent with respect to calendar quarters commencing on or after July 1, 2013. ]

(2) Gross earnings derived from the first sale of the following petroleum products within this state shall be exempt from tax: (A) Any petroleum products sold for exportation from this state for sale or use outside this state; (B) the product designated by the American Society for Testing and Materials as "Specification for Heating Oil D396-69", commonly known as number 2 heating oil, to be used exclusively for heating purposes or to be used in a commercial fishing vessel, which vessel qualifies for an exemption pursuant to section 12-412; (C) kerosene, commonly known as number 1 oil, to be used exclusively for heating purposes, provided delivery is of both number 1 and number 2 oil, and via a truck with a metered delivery ticket to a residential dwelling or to a centrally metered system serving a group of residential dwellings; (D) the product identified as propane gas, to be used exclusively for heating purposes; (E) bunker fuel oil, intermediate fuel, marine diesel oil and marine gas oil to be used in any vessel having a displacement exceeding four thousand dead weight tons; (F) for any first sale occurring prior to July 1, 2008, propane gas to be used as a fuel for a motor vehicle; (G) for any first sale occurring on or after July 1, 2002, grade number 6 fuel oil, as defined in regulations adopted pursuant to section 16a-22c, to be used exclusively by a company which, in accordance with census data contained in the Standard Industrial Classification Manual, United States Office of Management and Budget, 1987 edition, is included in code classifications 2000 to 3999, inclusive, or in Sector 31, 32 or 33 in the North American Industrial Classification System United States Manual, United States Office of Management and Budget, 1997 edition; (H) for any first sale occurring on or after July 1, 2002, number 2 heating oil to be used exclusively in a vessel primarily engaged in interstate commerce, which vessel qualifies for an exemption under section 12-412; (I) for any first sale occurring on or after July 1, 2000, paraffin or microcrystalline waxes; (J) for any first sale occurring prior to July 1, 2008, petroleum products to be used as a fuel for a fuel cell, as defined in subdivision (113) of section 12-412; or (K) a commercial heating oil blend containing not less than ten per cent of alternative fuels derived from agricultural produce, food waste, waste vegetable oil or municipal solid waste, including, but not limited to, biodiesel or low sulfur dyed diesel fuel.

(3) The rate of tax on gross earnings derived from the first sale of grade number 6 fuel oil, as defined in regulations adopted pursuant to section 16a-22c, to be used exclusively by a company which, in accordance with census data contained in the Standard Industrial Classification Manual, United States Office of Management and Budget, 1987 edition, is included in code classifications 2000 to 3999, inclusive, or in Sector 31, 32 or 33 in the North American Industrial Classification System United States Manual, United States Office of Management and Budget, 1997 edition, or number 2 heating oil used exclusively in a vessel primarily engaged in interstate commerce, which vessel qualifies for an exemption under section 12-412 shall be: (A) Four per cent with respect to calendar quarters commencing on or after July 1, 1998, and prior to July 1, 1999; (B) three per cent with respect to calendar quarters commencing on or after July 1, 1999, and prior to July 1, 2000; (C) two per cent with respect to calendar quarters commencing on or after July 1, 2000, and prior to July 1, 2001; and (D) one per cent with respect to calendar quarters commencing on or after July 1, 2001, and prior to July 1, 2002.

(c) (1) Any company which imports or causes to be imported into this state petroleum products for sale, use or consumption in this state, other than a company subject to and having paid the tax on such company's gross earnings from first sales of petroleum products within this state, which earnings include gross earnings attributable to such imported or caused to be imported petroleum products, in accordance with subsection (b) of this section, shall pay a quarterly tax on the consideration given or contracted to be given for such petroleum product if the consideration given or contracted to be given for all such deliveries during the quarterly period for which such tax is to be paid exceeds three thousand dollars. Except as otherwise provided in subdivision (3) of this subsection, the rate of tax shall be (A) five per cent with respect to calendar quarters commencing prior to July 1, 2005; (B) five and eight-tenths per cent with respect to calendar quarters commencing on or after July 1, 2005, and prior to July 1, 2006; (C) six and three-tenths per cent with respect to calendar quarters commencing on or after July 1, 2006, and prior to July 1, 2007; and (D) [seven] five per cent with respect to calendar quarters commencing on or after July 1, 2007. [, and prior to July 1, 2008; (E) seven and one-half per cent with respect to calendar quarters commencing on or after July 1, 2008, and prior to July 1, 2013; and (F) eight and one-tenth per cent with respect to calendar quarters commencing on or after July 1, 2013. ] Fuel in the fuel supply tanks of a motor vehicle, which fuel tanks are directly connected to the engine, shall not be considered a delivery for the purposes of this subsection.

(2) Consideration given or contracted to be given for petroleum products, gross earnings from the first sale of which are exempt from tax under subdivision (2) of subsection (b) of this section, shall be exempt from tax.

(3) The rate of tax on consideration given or contracted to be given for grade number 6 fuel oil, as defined in regulations adopted pursuant to section 16a-22c, to be used exclusively by a company which, in accordance with census data contained in the Standard Industrial Classification Manual, United States Office of Management and Budget, 1987 edition, is included in code classifications 2000 to 3999, inclusive, or in Sector 31, 32 or 33 in the North American Industrial Classification System United States Manual, United States Office of Management and Budget, 1997 edition, or number 2 heating oil used exclusively in a vessel primarily engaged in interstate commerce, which vessel qualifies for an exemption under section 12-412 shall be: (A) Four per cent with respect to calendar quarters commencing on or after July 1, 1998, and prior to July 1, 1999; (B) three per cent with respect to calendar quarters commencing on or after July 1, 1999, and prior to July 1, 2000; (C) two per cent with respect to calendar quarters commencing on or after July 1, 2000, and prior to July 1, 2001; and (D) one per cent with respect to calendar quarters commencing on or after July 1, 2001, and prior to July 1, 2002.

(d) The amount of tax reported to be due on such return shall be due and payable on or before the last day of the month next succeeding the quarterly period. The tax imposed under the provisions of this chapter shall be in addition to any other tax imposed by this state on such company.

(e) For the purposes of this chapter, the gross earnings of any producer or refiner of petroleum products operating a service station along the highways or interstate highways within the state pursuant to a contract with the Department of Transportation or operating a service station which is used as a training or test marketing center under the provisions of subsection (b) of section 14-344d, shall be calculated by multiplying the volume of petroleum products delivered by any producer or refiner to any such station by such producer's or refiner's dealer tank wagon price or dealer wholesale price in the area of the service station. "

On the roll call vote House Bill No. 6980 as amended by House Amendment Schedule “A” (LCO 6786) and Senate Amendment Schedule “A” (LCO 7685) was Passed.

	N	1	JOHN W. FONFARA	Y		19	EDITH G. PRAGUE
Y		2	ERIC D. COLEMAN		N	20	ANDREA STILLMAN
	N	3	GARY D. LEBEAU	Y		21	DAN DEBICELLA
Y		4	MARY ANN HANDLEY	Y		22	BILL FINCH
	N	5	JONATHAN HARRIS	Y		23	EDWIN A. GOMES
Y		6	DONALD J. DEFRONZO		N	24	DAVID CAPPIELLO
Y		7	JOHN A. KISSEL	Y		25	BOB DUFF
Y		8	THOMAS HERLIHY	Y		26	JUDITH G. FREEDMAN
	N	9	PAUL DOYLE	Y		27	ANDREW J. MCDONALD
Y		10	TONI N. HARP	Y		28	JOHN MCKINNEY
Y		11	MARTIN M. LOONEY		N	29	DONALD E. WILLIAMS, JR.
	N	12	EDWARD MEYER	Y		30	ANDREW W. RORABACK
	N	13	THOMAS P. GAFFEY	Y		31	THOMAS A. COLAPIETRO
	N	14	GAYLE SLOSSBERG		N	32	LOUIS C. DELUCA
	N	15	JOAN V. HARTLEY		N	33	EILEEN M. DAILY
	N	16	SAM CALIGIURI	Y		34	LEONARD FASANO
Y		17	JOSEPH J. CRISCO, JR.		N	35	ANTHONY GUGLIELMO
	N	18	ANDREW MAYNARD	Y		36	WILLIAM H. NICKERSON

The following favorable report was taken from the table, read the third time, the report of the Committee accepted and the bill passed.

On motion Senator Looney of the 11th the rules were suspended to take up House Bill 7400 from Senate Agenda No. 1 adopted earlier today.

Y		1	JOHN W. FONFARA	Y		19	EDITH G. PRAGUE
Y		2	ERIC D. COLEMAN	Y		20	ANDREA STILLMAN
Y		3	GARY D. LEBEAU		N	21	DAN DEBICELLA
Y		4	MARY ANN HANDLEY	Y		22	BILL FINCH
Y		5	JONATHAN HARRIS	Y		23	EDWIN A. GOMES
Y		6	DONALD J. DEFRONZO		N	24	DAVID CAPPIELLO
	N	7	JOHN A. KISSEL	Y		25	BOB DUFF
	N	8	THOMAS HERLIHY		N	26	JUDITH G. FREEDMAN
Y		9	PAUL DOYLE	Y		27	ANDREW J. MCDONALD
Y		10	TONI N. HARP		N	28	JOHN MCKINNEY
Y		11	MARTIN M. LOONEY	Y		29	DONALD E. WILLIAMS, JR.
Y		12	EDWARD MEYER		N	30	ANDREW W. RORABACK
Y		13	THOMAS P. GAFFEY	Y		31	THOMAS A. COLAPIETRO
Y		14	GAYLE SLOSSBERG		N	32	LOUIS C. DELUCA
Y		15	JOAN V. HARTLEY	Y		33	EILEEN M. DAILY
	N	16	SAM CALIGIURI		N	34	LEONARD FASANO
Y		17	JOSEPH J. CRISCO, JR.		N	35	ANTHONY GUGLIELMO
Y		18	ANDREW MAYNARD		N	36	WILLIAM H. NICKERSON

COMMERCE. Substitute for H. B. No. 7400 (RAISED) (File No. 716) AN ACT CONCERNING MOTION PICTURE TAX CREDITS. (As amended by House Amendment Schedule "A").

On the roll call vote House Bill No. 7400 as amended by House Amendment Schedule “A” (LCO 8307) was passed. In concurrence with the House.

Y		1	JOHN W. FONFARA	Y		19	EDITH G. PRAGUE
Y		2	ERIC D. COLEMAN	Y		20	ANDREA STILLMAN
Y		3	GARY D. LEBEAU		N	21	DAN DEBICELLA
Y		4	MARY ANN HANDLEY	Y		22	BILL FINCH
Y		5	JONATHAN HARRIS	Y		23	EDWIN A. GOMES
Y		6	DONALD J. DEFRONZO		N	24	DAVID CAPPIELLO
	N	7	JOHN A. KISSEL		N	25	BOB DUFF
	N	8	THOMAS HERLIHY		N	26	JUDITH G. FREEDMAN
	N	9	PAUL DOYLE		N	27	ANDREW J. MCDONALD
Y		10	TONI N. HARP		N	28	JOHN MCKINNEY
Y		11	MARTIN M. LOONEY	Y		29	DONALD E. WILLIAMS, JR.
Y		12	EDWARD MEYER		N	30	ANDREW W. RORABACK
Y		13	THOMAS P. GAFFEY	Y		31	THOMAS A. COLAPIETRO
	N	14	GAYLE SLOSSBERG		N	32	LOUIS C. DELUCA
	N	15	JOAN V. HARTLEY	Y		33	EILEEN M. DAILY
	N	16	SAM CALIGIURI		N	34	LEONARD FASANO
Y		17	JOSEPH J. CRISCO, JR.		N	35	ANTHONY GUGLIELMO
Y		18	ANDREW MAYNARD		N	36	WILLIAM H. NICKERSON

On motion of Senator Looney of the 11th, the rules were suspended for immediate transmittal to the Governor House Bill 7400 as amended by House Amendment Schedule “A” (LCO 8307).

The following favorable report was taken from the table, read the third time, the report of the Committees accepted and the bill passed.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 58 (COMM) (File No. 24) AN ACT CONCERNING CAPTIVE INSURANCE COMPANIES.

Senator Crisco of the 17th explained the bill, offered Senate Amendment Schedule “A” (LCO 8439) and moved adoption.

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

Section 1. (NEW) (Effective upon the enactment of this Compact by the state of New York):

The purposes of this Compact are, through means of joint and cooperative action among the Compacting States:

1. To promote and protect the interest of consumers of individual and group annuity, life insurance, disability income and long-term care insurance products;

2. To develop uniform standards for insurance products covered under the Compact;

3. To establish a central clearinghouse to receive and provide prompt review of insurance products covered under the Compact and, in certain cases, advertisements related thereto, submitted by insurers authorized to do business in one or more Compacting States;

4. To give appropriate regulatory approval to those product filings and advertisements satisfying the applicable uniform standard;

5. To improve coordination of regulatory resources and expertise between state insurance departments regarding the setting of uniform standards and review of insurance products covered under the Compact;

7. To perform these and such other related functions as may be consistent with the state regulation of the business of insurance.

1. "Advertisement" means any material designed to create public interest in a Product, or induce the public to purchase, increase, modify, reinstate, borrow on, surrender, replace or retain a policy, as more specifically defined in the Rules and Operating Procedures of the Commission.

2. "Bylaws" mean those bylaws established by the Commission for its governance, or for directing or controlling the Commission's actions or conduct.

3. "Compacting State" means any State which has enacted this Compact legislation and which has not withdrawn pursuant to Article XIV, Section 1, or been terminated pursuant to Article XIV, Section 2.

4. "Commission" means the "Interstate Insurance Product Regulation Commission" established by this Compact.

5. "Commissioner" means the chief insurance regulatory official of a State including, but not limited to commissioner, superintendent, director or administrator.

6. "Domiciliary State" means the state in which an Insurer is incorporated or organized; or, in the case of an alien Insurer, its state of entry.

7. "Insurer" means any entity licensed by a State to issue contracts of insurance for any of the lines of insurance covered by this Compact.

8. "Member" means the person chosen by a Compacting State as its representative to the Commission, or the member's designee.

9. "Non-Compacting State" means any State which is not at the time a Compacting State.

10. "Operating Procedures" mean procedures promulgated by the Commission implementing a Rule, Uniform Standard or a provision of this Compact.

11. "Product" means the form of a policy or contract, including any application, endorsement, or related form which is attached to and made a part of the policy or contract, and any evidence of coverage or certificate, for an individual or group annuity, life insurance, disability income or long-term care insurance product that an Insurer is authorized to issue.

12. "Rule" means a statement of general or particular applicability and future effect promulgated by the Commission, including a Uniform Standard developed pursuant to Article VII of this Compact, designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of the Commission, which shall have the force and effect of law in the Compacting States.

13. "State" means any state, district or territory of the United States of America.

14. "Third-Party Filer" means an entity that submits a Product filing to the Commission on behalf of an Insurer.

15. "Uniform Standard" means a standard adopted by the Commission for a Product line, pursuant to Article IV of this Compact, and shall include all of the Product requirements in aggregate; provided, that each Uniform Standard shall be construed, whether express or implied, to prohibit the use of any inconsistent, misleading or ambiguous provisions in a Product and the form of the Product made available to the public shall not be unfair, inequitable or against public policy as determined by the Commission.

1. The Compacting States hereby create and establish a joint public agency known as the "Interstate Insurance Product Regulation Commission. " Pursuant to Article IV, the Commission will have the power to develop Uniform Standards for Product lines, receive and provide prompt review of Products filed therewith, and give approval to those Product filings satisfying applicable Uniform Standards; provided, it is not intended for the Commission to be the exclusive entity for receipt and review of insurance product filings. Nothing herein shall prohibit any Insurer from filing its product in any State wherein the Insurer is licensed to conduct the business of insurance; and any such filing shall be subject to the laws of the State where filed.

2. The Commission is a body corporate and politic, and an instrumentality of the Compacting States.

3. The Commission is solely responsible for its liabilities except as otherwise specifically provided in this Compact.

4. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a Court of competent jurisdiction where the principal office of the Commission is located.

1. To promulgate Rules, pursuant to Article VII of this Compact, which shall have the force and effect of law and shall be binding in the Compacting States to the extent and in the manner provided in this Compact;

2. To exercise its rule-making authority and establish reasonable Uniform Standards for Products covered under the Compact, and Advertisement related thereto, which shall have the force and effect of law and shall be binding in the Compacting States, but only for those Products filed with the Commission, provided, that a Compacting State shall have the right to opt out of such Uniform Standard pursuant to Article VII, to the extent and in the manner provided in this Compact, and, provided further, that any Uniform Standard established by the Commission for long-term care insurance products may provide the same or greater protections for consumers as, but shall not provide less than, those protections set forth in the National Association of Insurance Commissioners' Long-Term Care Insurance Model Act and Long-Term Care Insurance Model Regulation, respectively, adopted as of 2001. The Commission shall consider whether any subsequent amendments to the National Association of Insurance Commissioners Long-Term Care Insurance Model Act or Long-Term Care Insurance Model Regulation adopted by the National Association of Insurance Commissioners require amending of the Uniform Standards established by the Commission for long-term care insurance products;

3. To receive and review in an expeditious manner Products filed with the Commission, and rate filings for disability income and long-term care insurance Products, and give approval of those Products and rate filings that satisfy the applicable Uniform Standard, where such approval shall have the force and effect of law and be binding on the Compacting States to the extent and in the manner provided in the Compact;

4. To receive and review in an expeditious manner Advertisement relating to long-term care insurance products for which Uniform Standards have been adopted by the Commission, and give approval to all Advertisement that satisfies the applicable Uniform Standard. For any product covered under this Compact, other than long-term care insurance products, the Commission shall have the authority to require an insurer to submit all or any part of its Advertisement with respect to that product for review or approval prior to use, if the Commission determines that the nature of the product is such that an Advertisement of the product could have the capacity or tendency to mislead the public. The actions of Commission as provided in this section shall have the force and effect of law and shall be binding in the Compacting States to the extent and in the manner provided in the Compact;

5. To exercise its rule-making authority and designate Products and Advertisement that may be subject to a self-certification process without the need for prior approval by the Commission;

6. To promulgate Operating Procedures, pursuant to Article VII of this Compact, which shall be binding in the Compacting States to the extent and in the manner provided in this Compact;

7. To bring and prosecute legal proceedings or actions in its name as the Commission; provided, that the standing of any state insurance department to sue or be sued under applicable law shall not be affected;

8. To issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence;

11. To borrow, accept or contract for services of personnel, including, but not limited to, employees of a Compacting State;

12. To hire employees, professionals or specialists, and elect or appoint officers, and to fix their compensation, define their duties and give them appropriate authority to carry out the purposes of the Compact, and determine their qualifications; and to establish the Commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel;

13. To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall strive to avoid any appearance of impropriety;

14. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall strive to avoid any appearance of impropriety;

15. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;

16. To remit filing fees to Compacting States as may be set forth in the Bylaws, Rules or Operating Procedures;

17. To enforce compliance by Compacting States with Rules, Uniform Standards, Operating Procedures and Bylaws;

19. To advise Compacting States on issues relating to Insurers domiciled or doing business in Non-compacting jurisdictions, consistent with the purposes of this Compact;

20. To provide advice and training to those personnel in state insurance departments responsible for product review, and to be a resource for state insurance departments;

23. To appoint committees, including advisory committees comprising Members, state insurance regulators, state legislators or their representatives, insurance industry and consumer representatives, and such other interested persons as may be designated in the Bylaws;

24. To provide and receive information from, and to cooperate with law enforcement agencies;

26. To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of the business of insurance.

a. Each Compacting State shall have and be limited to one Member. Each Member shall be qualified to serve in that capacity pursuant to applicable law of the Compacting State. Any Member may be removed or suspended from office as provided by the law of the State from which the member is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the Compacting State wherein the vacancy exists. Nothing herein shall be construed to affect the manner in which a Compacting State determines the election or appointment and qualification of its own Commissioner.

b. Each Member shall be entitled to one vote and shall have an opportunity to participate in the governance of the Commission in accordance with the Bylaws. Notwithstanding any provision herein to the contrary, no action of the Commission with respect to the promulgation of a Uniform Standard shall be effective unless two-thirds of the Members vote in favor thereof.

c. The Commission shall, by a majority of the Members, prescribe Bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes, and exercise the powers, of the Compact, including, but not limited to:

ii. Providing reasonable procedures for appointing and electing members, as well as holding meetings, of the Management Committee;

iii. Providing reasonable standards and procedures: (I) for the establishment and meetings of other committees, and (II) governing any general or specific delegation of any authority or function of the Commission;

iv. Providing reasonable procedures for calling and conducting meetings of the Commission that consists of a majority of Commission members, ensuring reasonable advance notice of each such meeting and providing for the right of citizens to attend each such meeting with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and insurers' proprietary information, including trade secrets. The Commission may meet in camera only after a majority of the entire membership votes to close a meeting in whole or in part. As soon as practicable, the Commission must make public (I) a copy of the vote to close the meeting revealing the vote of each Member with no proxy votes allowed, and (II) votes taken during such meeting;

v. Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the Commission;

vi. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar laws of any Compacting State, the Bylaws shall exclusively govern the personnel policies and programs of the Commission;

vii. Promulgating a code of ethics to address permissible and prohibited activities of commission members and employees; and

viii. Providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment or reserving of all of its debts and obligations.

d. The Commission shall publish its bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the Compacting States.

a. A Management Committee comprising no more than fourteen members shall be established as follows:

i. One member from each of the six Compacting States with the largest premium volume for individual and group annuities, life, disability income and long-term care insurance products, determined from the records of the National Association of Insurance Commissioners for the prior year;

ii. Four members from those Compacting States with at least two per cent of the market based on the premium volume described above, other than the six Compacting States with the largest premium volume, selected on a rotating basis as provided in the Bylaws; and

iii. Four members from those Compacting States with less than two per cent of the market, based on the premium volume described above, with one selected from each of the four zone regions of the National Association of Insurance Commissioners as provided in the Bylaws.

b. The Management Committee shall have such authority and duties as may be set forth in the Bylaws, including, but not limited to:

i. Managing the affairs of the Commission in a manner consistent with the Bylaws and purposes of the Commission;

ii. Establishing and overseeing an organizational structure within, and appropriate procedures for, the Commission to provide for the creation of Uniform Standards and other Rules, receipt and review of product filings, administrative and technical support functions, review of decisions regarding the disapproval of a product filing, and the review of elections made by a Compacting State to opt out of a Uniform Standard; provided that a Uniform Standard shall not be submitted to the Compacting States for adoption unless approved by two-thirds of the members of the Management Committee;

iv. Planning, implementing, and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the Commission.

c. The Commission shall elect annually officers from the Management Committee, with each having such authority and duties, as may be specified in the Bylaws.

d. The Management Committee may, subject to the approval of the Commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Commission may deem appropriate. The executive director shall serve as secretary to the Commission, but shall not be a Member of the Commission. The executive director shall hire and supervise such other staff as may be authorized by the Commission.

a. A legislative committee comprising state legislators or their designees shall be established to monitor the operations of, and make recommendations to, the Commission, including the Management Committee; provided that the manner of selection and term of any legislative committee member shall be as set forth in the Bylaws. Prior to the adoption by the Commission of any Uniform Standard, revision to the Bylaws, annual budget or other significant matter as may be provided in the Bylaws, the Management Committee shall consult with and report to the legislative committee.

b. The Commission shall establish two advisory committees, one of which shall comprise consumer representatives independent of the insurance industry, and the other comprising insurance industry representatives.

c. The Commission may establish additional advisory committees as its Bylaws may provide for the carrying out of its functions.

The Commission shall maintain its corporate books and records in accordance with the Bylaws.

a. The Members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided, that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or wilful and wanton misconduct of that person.

b. The Commission shall defend any Member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided, that nothing herein shall be construed to prohibit that person from retaining counsel; and provided further, that the actual or alleged act, error or omission did not result from that person's intentional or wilful and wanton misconduct.

c. The Commission shall indemnify and hold harmless any Member, officer, executive director, employee or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided, that the actual or alleged act, error or omission did not result from the intentional or wilful and wanton misconduct of that person.

1. The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the Bylaws.

2. Each Member of the Commission shall have the right and power to cast a vote to which that Compacting State is entitled and to participate in the business and affairs of the Commission. A Member shall vote in person or by such other means as provided in the Bylaws. The Bylaws may provide for Members' participation in meetings by telephone or other means of communication.

3. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the Bylaws.

Article VII. Rules and Operating Procedures: Rulemaking Functions of the Commission and Opting Out of Uniform Standards

1. Rulemaking Authority. The Commission shall promulgate reasonable Rules, including Uniform Standards, and Operating Procedures in order to effectively and efficiently achieve the purposes of this Compact. Notwithstanding the foregoing, in the event the Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force and effect.

2. Rulemaking Procedure. Rules and Operating Procedures shall be made pursuant to a rulemaking process that conforms to the Model State Administrative Procedure Act of 1981 as amended, as may be appropriate to the operations of the Commission. Before the Commission adopts a Uniform Standard, the Commission shall give written notice to the relevant state legislative committees in each Compacting State responsible for insurance issues of its intention to adopt the Uniform Standard. The Commission in adopting a Uniform Standard shall consider fully all submitted materials and issue a concise explanation of its decision.

3. Effective Date and Opt Out of a Uniform Standard. A Uniform Standard shall become effective ninety days after its promulgation by the Commission or such later date as the Commission may determine; provided, however, that a Compacting State may opt out of a Uniform Standard as provided in this Article. "Opt out" shall be defined as any action by a Compacting State to decline to adopt or participate in a promulgated Uniform Standard. All other Rules and Operating Procedures, and amendments thereto, shall become effective as of the date specified in each Rule, Operating Procedure or amendment.

4. Opt Out Procedure. A Compacting State may opt out of a Uniform Standard, either by legislation or regulation duly promulgated by the Insurance Department under the Compacting State's Administrative Procedure Act. If a Compacting State elects to opt out of a Uniform Standard by regulation, it must (a) give written notice to the Commission no later than ten business days after the Uniform Standard is promulgated, or at the time the State becomes a Compacting State and (b) find that the Uniform Standard does not provide reasonable protections to the citizens of the State, given the conditions in the State. The Commissioner shall make specific findings of fact and conclusions of law, based on a preponderance of the evidence, detailing the conditions in the State which warrant a departure from the Uniform Standard and determining that the Uniform Standard would not reasonably protect the citizens of the State. The Commissioner must consider and balance the following factors and find that the conditions in the State and needs of the citizens of the State outweigh: (i) the intent of the legislature to participate in, and the benefits of, an interstate agreement to establish national uniform consumer protections for the Products subject to this Compact; and (ii) the presumption that a Uniform Standard adopted by the Commission provides reasonable protections to consumers of the relevant Product. Notwithstanding the foregoing, a Compacting State may, at the time of its enactment of this Compact, prospectively opt out of all Uniform Standards involving long-term care insurance products by expressly providing for such opt out in the enacted Compact, and such an opt out shall not be treated as a material variance in the offer or acceptance of any State to participate in this Compact. Such an opt out shall be effective at the time of enactment of this Compact by the Compacting State and shall apply to all existing Uniform Standards involving long-term care insurance products and those subsequently promulgated.

5. Effect of Opt Out. If a Compacting State elects to opt out of a Uniform Standard, the Uniform Standard shall remain applicable in the Compacting State electing to opt out until such time the opt out legislation is enacted into law or the regulation opting out becomes effective. Once the opt out of a Uniform Standard by a Compacting State becomes effective as provided under the laws of that State, the Uniform Standard shall have no further force and effect in that State unless and until the legislation or regulation implementing the opt out is repealed or otherwise becomes ineffective under the laws of the State. If a Compacting State opts out of a Uniform Standard after the Uniform Standard has been made effective in that State, the opt out shall have the same prospective effect as provided under Article XIV for withdrawals.

6. Stay of Uniform Standard. If a Compacting State has formally initiated the process of opting out of a Uniform Standard by regulation, and while the regulatory opt out is pending, the Compacting State may petition the Commission, at least fifteen days before the effective date of the Uniform Standard, to stay the effectiveness of the Uniform Standard in that State. The Commission may grant a stay if it determines the regulatory opt out is being pursued in a reasonable manner and there is a likelihood of success. If a stay is granted or extended by the Commission, the stay or extension thereof may postpone the effective date by up to ninety days, unless affirmatively extended by the Commission; provided, a stay may not be permitted to remain in effect for more than one year unless the Compacting State can show extraordinary circumstances which warrant a continuance of the stay, including, but not limited to, the existence of a legal challenge which prevents the Compacting State from opting out. A stay may be terminated by the Commission upon notice that the rulemaking process has been terminated.

7. Not later than thirty days after a Rule or Operating Procedure is promulgated, any person may file a petition for judicial review of the Rule or Operating Procedure; provided, that the filing of such a petition shall not stay or otherwise prevent the Rule or Operating Procedure from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Commission consistent with applicable law and shall not find the Rule or Operating Procedure to be unlawful if the Rule or Operating Procedure represents a reasonable exercise of the Commission's authority.

1. The Commission shall promulgate Rules establishing conditions and procedures for public inspection and copying of its information and official records, except such information and records involving the privacy of individuals and insurers' trade secrets. The Commission may promulgate additional Rules under which it may make available to federal and state agencies, including law enforcement agencies, records and information otherwise exempt from disclosure, and may enter into agreements with such agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

2. Except as to privileged records, data and information, the laws of any Compacting State pertaining to confidentiality or nondisclosure shall not relieve any Compacting State Commissioner of the duty to disclose any relevant records, data or information to the Commission; provided, that disclosure to the Commission shall not be deemed to waive or otherwise affect any confidentiality requirement; and further provided, that, except as otherwise expressly provided in this Compact, the Commission shall not be subject to the Compacting State's laws pertaining to confidentiality and nondisclosure with respect to records, data and information in its possession. Confidential information of the Commission shall remain confidential after such information is provided to any Commissioner.

3. The Commission shall monitor Compacting States for compliance with duly adopted Bylaws, Rules, including Uniform Standards, and Operating Procedures. The Commission shall notify any non-complying Compacting State in writing of its noncompliance with Commission Bylaws, Rules or Operating Procedures. If a non-complying Compacting State fails to remedy its noncompliance within the time specified in the notice of noncompliance, the Compacting State shall be deemed to be in default as set forth in Article XIV.

4. The Commissioner of any State in which an Insurer is authorized to do business, or is conducting the business of insurance, shall continue to exercise the commissioner's authority to oversee the market regulation of the activities of the Insurer in accordance with the provisions of the State's law. The Commissioner's enforcement of compliance with the Compact is governed by the following provisions:

a. With respect to the Commissioner's market regulation of a Product or Advertisement that is approved or certified to the Commission, the content of the Product or Advertisement shall not constitute a violation of the provisions, standards or requirements of the Compact except upon a final order of the Commission, issued at the request of a Commissioner after prior notice to the Insurer and an opportunity for hearing before the Commission.

b. Before a Commissioner may bring an action for violation of any provision, standard or requirement of the Compact relating to the content of an Advertisement not approved or certified to the Commission, the Commission, or an authorized Commission officer or employee, must authorize the action. However, authorization pursuant to this paragraph does not require notice to the Insurer, opportunity for hearing or disclosure of requests for authorization or records of the Commission's action on such requests.

The Commission shall attempt, upon the request of a Member, to resolve any disputes or other issues that are subject to this Compact and which may arise between two or more Compacting States, or between Compacting States and Non-compacting States, and the Commission shall promulgate an Operating Procedure providing for resolution of such disputes.

1. Insurers and Third-Party Filers seeking to have a Product approved by the Commission shall file the Product with, and pay applicable filing fees to, the Commission. Nothing in this Compact shall be construed to restrict or otherwise prevent an insurer from filing its Product with the insurance department in any State wherein the insurer is licensed to conduct the business of insurance, and such filing shall be subject to the laws of the States where filed.

2. The Commission shall establish appropriate filing and review processes and procedures pursuant to Commission Rules and Operating Procedures. Notwithstanding any provision herein to the contrary, the Commission shall promulgate Rules to establish conditions and procedures under which the Commission will provide public access to Product filing information. In establishing such Rules, the Commission shall consider the interests of the public in having access to such information, as well as protection of personal medical and financial information and trade secrets, that may be contained in a Product filing or supporting information.

3. Any Product approved by the Commission may be sold or otherwise issued in those Compacting States for which the Insurer is legally authorized to do business.

1. Not later than thirty days after the Commission has given notice of a disapproved Product or Advertisement filed with the Commission, the Insurer or Third Party Filer whose filing was disapproved may appeal the determination to a review panel appointed by the Commission. The Commission shall promulgate Rules to establish procedures for appointing such review panels and provide for notice and hearing. An allegation that the Commission, in disapproving a Product or Advertisement filed with the Commission, acted arbitrarily, capriciously, or in a manner that is an abuse of discretion or otherwise not in accordance with the law, is subject to judicial review in accordance with Article III, Section 4.

2. The Commission shall have authority to monitor, review and reconsider Products and Advertisement subsequent to their filing or approval upon a finding that the product does not meet the relevant Uniform Standard. Where appropriate, the Commission may withdraw or modify its approval after proper notice and hearing, subject to the appeal process in Section 1 of this article.

1. The Commission shall pay or provide for the payment of the reasonable expenses of its establishment and organization. To fund the cost of its initial operations, the Commission may accept contributions and other forms of funding from the National Association of Insurance Commissioners, Compacting States and other sources. Contributions and other forms of funding from other sources shall be of such a nature that the independence of the Commission concerning the performance of its duties shall not be compromised.

2. The Commission shall collect a filing fee from each Insurer and Third Party Filer filing a product with the Commission to cover the cost of the operations and activities of the Commission and its staff in a total amount sufficient to cover the Commission's annual budget.

3. The Commission's budget for a fiscal year shall not be approved until it has been subject to notice and comment as set forth in Article VII of this Compact.

4. The Commission shall be exempt from all taxation in and by the Compacting States.

5. The Commission shall not pledge the credit of any Compacting State, except by and with the appropriate legal authority of that Compacting State.

6. The Commission shall keep complete and accurate accounts of all its internal receipts, including grants and donations, and disbursements of all funds under its control. The internal financial accounts of the Commission shall be subject to the accounting procedures established under its Bylaws. The financial accounts and reports including the system of internal controls and procedures of the Commission shall be audited annually by an independent certified public accountant. Upon the determination of the Commission, but no less frequently than every three years, the review of the independent auditor shall include a management and performance audit of the Commission. The Commission shall make an Annual Report to the Governor and legislature of the Compacting States, which shall include a report of the independent audit. The Commission's internal accounts shall not be confidential and such materials may be shared with the Commissioner of any Compacting State upon request provided, however, that any work papers related to any internal or independent audit and any information regarding the privacy of individuals and insurers' proprietary information, including trade secrets, shall remain confidential.

7. No Compacting State shall have any claim to or ownership of any property held by or vested in the Commission or to any Commission funds held pursuant to the provisions of this Compact.

2. The Compact shall become effective and binding upon legislative enactment of the Compact into law by two Compacting States; provided, the Commission shall become effective for purposes of adopting Uniform Standards for, reviewing, and giving approval or disapproval of, Products filed with the Commission that satisfy applicable Uniform Standards only after twenty-six States are Compacting States or, alternatively, by States representing greater than forty per cent of the premium volume for life insurance, annuity, disability income and long-term care insurance products, based on records of the National Association of Insurance Commissioners for the prior year. Thereafter, it shall become effective and binding as to any other Compacting State upon enactment of the Compact into law by that State.

3. Amendments to the Compact may be proposed by the Commission for enactment by the Compacting States. No amendment shall become effective and binding upon the Commission and the Compacting States unless and until all Compacting States enact the amendment into law.

a. Once effective, the Compact shall continue in force and remain binding upon each and every Compacting State; provided, that a Compacting State may withdraw from the Compact by enacting a statute specifically repealing the statute which enacted the Compact into law.

b. The effective date of withdrawal is the effective date of the repealing statute. However, the withdrawal shall not apply to any product filings approved or self-certified, or any Advertisement of such products, on the date the repealing statute becomes effective, except by mutual agreement of the Commission and the Withdrawing State unless the approval is rescinded by the Withdrawing State as provided in Paragraph e of this section.

c. The Commissioner of the Withdrawing State shall immediately notify the Management Committee in writing upon the introduction of legislation repealing this Compact in the Withdrawing State.

d. The Commission shall notify the other Compacting States of the introduction of such legislation within ten days after its receipt of notice thereof.

e. The Withdrawing State is responsible for all obligations, duties and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal, except to the extent those obligations may have been released or relinquished by mutual agreement of the Commission and the Withdrawing State. The Commission's approval of Products and Advertisement prior to the effective date of withdrawal shall continue to be effective and be given full force and effect in the Withdrawing State, unless formally rescinded by the Withdrawing State in the same manner as provided by the laws of the Withdrawing State for the prospective disapproval of products or advertisement previously approved under state law.

f. Reinstatement following withdrawal of any Compacting State shall occur upon the effective date of the Withdrawing State reenacting the Compact.

a. If the Commission determines that any Compacting State has at any time defaulted in the performance of any of its obligations or responsibilities under this Compact, the Bylaws or duly promulgated Rules or Operating Procedures, then, after notice and hearing as set forth in the Bylaws, all rights, privileges and benefits conferred by this Compact on the Defaulting State shall be suspended from the effective date of default as fixed by the Commission. The grounds for default include, but are not limited to, failure of a Compacting State to perform its obligations or responsibilities, and any other grounds designated in Commission Rules. The Commission shall immediately notify the Defaulting State in writing of the Defaulting State's suspension pending a cure of the default. The Commission shall stipulate the conditions and the time period within which the Defaulting State must cure its default. If the Defaulting State fails to cure the default within the time period specified by the Commission, the Defaulting State shall be terminated from the Compact and all rights, privileges and benefits conferred by this Compact shall be terminated from the effective date of termination.

b. Product approvals by the Commission or product self-certifications, or any Advertisement in connection with such product, that are in force on the effective date of termination shall remain in force in the Defaulting State in the same manner as if the Defaulting State had withdrawn voluntarily pursuant to Section 1 of this article.

c. Reinstatement following termination of any Compacting State requires a reenactment of the Compact.

a. The Compact dissolves effective upon the date of the withdrawal or default of the Compacting State which reduces membership in the Compact to one Compacting State.

b. Upon the dissolution of this Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Commission shall be wound up and any surplus funds shall be distributed in accordance with the Bylaws.

1. The provisions of this Compact shall be severable; and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.

2. The provisions of this Compact shall be liberally construed to effectuate its purposes.

a. Nothing herein prevents the enforcement of any other law of a Compacting State, except as provided in Paragraph b of this section.

b. For any Product approved or certified to the Commission, the Rules, Uniform Standards and any other requirements of the Commission shall constitute the exclusive provisions applicable to the content, approval and certification of such Products. For Advertisement that is subject to the Commission's authority, any Rule, Uniform Standard or other requirement of the Commission which governs the content of the Advertisement shall constitute the exclusive provision that a Commissioner may apply to the content of the Advertisement. Notwithstanding the foregoing, no action taken by the Commission shall abrogate or restrict: (i) The access of any person to state courts; (ii) remedies available under state law related to breach of contract, tort, or other laws not specifically directed to the content of the Product; (iii) state law relating to the construction of insurance contracts; or (iv) the authority of the attorney general of the state, including but not limited to maintaining any actions or proceedings, as authorized by law.

c. All insurance products filed with individual States shall be subject to the laws of those States.

a. All lawful actions of the Commission, including all Rules and Operating Procedures promulgated by the Commission, are binding upon the Compacting States.

b. All agreements between the Commission and the Compacting States are binding in accordance with their terms.

c. Upon the request of a party to a conflict over the meaning or interpretation of Commission actions, and upon a majority vote of the Compacting States, the Commission may issue advisory opinions regarding the meaning or interpretation in dispute.

d. In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any Compacting State, the obligations, duties, powers or jurisdiction sought to be conferred by that provision upon the Commission shall be ineffective as to that Compacting State, and those obligations, duties, powers or jurisdiction shall remain in the Compacting State and shall be exercised by the agency thereof to which those obligations, duties, powers or jurisdiction are delegated by law in effect at the time this Compact becomes effective.

Pursuant to terms and conditions of this Compact, the State of Connecticut seeks to join with other States and establish the Interstate Insurance Product Regulation Compact, and thus become a member of the Interstate Insurance Product Regulation Commission. The Insurance Commissioner is hereby designated to serve as the representative of this State to the Commission. "

On the roll call vote Senate Bill No. 58 as amended by Senate Amendment Schedule “A” (LCO 8439) was passed.

Y		1	JOHN W. FONFARA			N	19	EDITH G. PRAGUE
Y		2	ERIC D. COLEMAN		Y		20	ANDREA STILLMAN
Y		3	GARY D. LEBEAU		Y		21	DAN DEBICELLA
	N	4	MARY ANN HANDLEY	A			22	BILL FINCH
Y		5	JONATHAN HARRIS			N	23	EDWIN A. GOMES
Y		6	DONALD J. DEFRONZO		Y		24	DAVID CAPPIELLO
Y		7	JOHN A. KISSEL			N	25	BOB DUFF
Y		8	THOMAS HERLIHY		Y		26	JUDITH G. FREEDMAN
	N	9	PAUL DOYLE		Y		27	ANDREW J. MCDONALD
	N	10	TONI N. HARP		Y		28	JOHN MCKINNEY
Y		11	MARTIN M. LOONEY		Y		29	DONALD E. WILLIAMS, JR.
	N	12	EDWARD MEYER		Y		30	ANDREW W. RORABACK
Y		13	THOMAS P. GAFFEY		Y		31	THOMAS A. COLAPIETRO
	N	14	GAYLE SLOSSBERG		Y		32	LOUIS C. DELUCA
Y		15	JOAN V. HARTLEY		Y		33	EILEEN M. DAILY
Y		16	SAM CALIGIURI		Y		34	LEONARD FASANO
Y		17	JOSEPH J. CRISCO, JR.		Y		35	ANTHONY GUGLIELMO
Y		18	ANDREW MAYNARD		Y		36	WILLIAM H. NICKERSON

The following report was received, read by the Clerk and referred to the Committee indicated:

State of Connecticut Auditors of Public Accounts. Monthly Report – matters reported under Section 4-33a of the Connecticut General Statutes. Received May 31, 2007.

The report was referred to the Committees on Appropriations, and Finance, Revenue and Bonding.

The following favorable reports were received from the Joint Standing Committee indicated, the bills were read the second time and tabled for the calendar.

COMMERCE. S. B. No. 1087 (RAISED) (File No. 389) AN ACT CONCERNING ASSESSMENT OF CERTAIN INCOME RESTRICTED HOUSING. (As amended by Senate Amendment Schedules "A" and "B").

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. Substitute for S. B. No. 1329 (RAISED) (File Nos. 193, 578 and 867) AN ACT CONCERNING BIODIESEL.

JUDICIARY. Substitute for S. B. No. 940 (COMM) (File No. 759) AN ACT CONCERNING THE PREVENTION AND RESPONSE TO TRAFFICKING IN PERSONS.

COMMERCE. S. B. No. 1087 (RAISED) (File No. 389) AN ACT CONCERNING ASSESSMENT OF CERTAIN INCOME RESTRICTED HOUSING. (As amended by Senate Amendment Schedules "A" and "B").

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. Substitute for S. B. No. 1329 (RAISED) (File Nos. 193, 578 and 867) AN ACT CONCERNING BIODIESEL.

JUDICIARY. Substitute for S. B. No. 940 (COMM) (File No. 759) AN ACT CONCERNING THE PREVENTION AND RESPONSE TO TRAFFICKING IN PERSONS.

JUDICIARY. Substitute for S. B. No. 1250 (RAISED) (File Nos. 394 and 870) AN ACT AUTHORIZING THE METROPOLITAN DISTRICT COMMISSION TO IMPOSE A SURCHARGE TO COVER THE COSTS OF IMPLEMENTING THE CLEAN WATER PROJECT, ADOPT PROCUREMENT PROCESSES AND COMPLY WITH MINORITY HIRING AND SET-ASIDE GOALS.

JUDICIARY. Substitute for H. B. No. 7240 (RAISED) (File Nos. 707 and 876) AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE LEGISLATIVE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE CONCERNING THE STATE'S WELFARE REFORM INITIATIVE. (As amended by House Amendment Schedule "A").

PLANNING AND DEVELOPMENT. Substitute for S. B. No. 1032 (COMM) (File No. 386) AN ACT REDUCING DIESEL EMISSIONS IN SCHOOL BUS CABINS. (As amended by Senate Amendment Schedule "A").

PLANNING AND DEVELOPMENT. Substitute for S. B. No. 1182 (RAISED) (File No. 475) AN ACT CONCERNING ADMINISTRATIVE PROCEDURES OF THE DEPARTMENT OF PUBLIC WORKS, AUDITING OF LARGE CONSTRUCTION CONTRACTS, ENVIRONMENTAL REVIEW OF CERTAIN LAND TRANSFERS, GRANT PAYMENTS TO MUNICIPALITIES, ADVERTISING ON STATE BUILDINGS AND CERTAIN EXEMPTIONS TO THE FREEDOM OF INFORMATION ACT. (As amended by Senate Amendment Schedule "A").

PUBLIC SAFETY AND SECURITY. Substitute for S. B. No. 1271 (RAISED) (File Nos. 527 and 834) AN ACT CONCERNING WEIGH STATION OPERATIONS.

The following favorable reports of the Joint Standing Committees were received from the House, read the second time and tabled for the calendar.

EXECUTIVE AND LEGISLATIVE NOMINATIONS. H. J. No. 161 RESOLUTION CONFIRMING THE NOMINATION OF JOAN JENKINS OF NEW HAVEN TO BE A MEMBER OF THE STATE ELECTIONS ENFORCEMENT COMMISSION.

EXECUTIVE AND LEGISLATIVE NOMINATIONS. H. J. No. 162 RESOLUTION CONFIRMING THE NOMINATION OF JASON D. PERILLO OF SHELTON TO BE AN AD HOC/PUBLIC OFFICIAL MEMBER OF THE CONNECTICUT RESOURCES RECOVERY AUTHORITY REPRESENTING THE BRIDGEPORT PROJECT.

EXECUTIVE AND LEGISLATIVE NOMINATIONS. H. J. No. 163 RESOLUTION CONFIRMING THE NOMINATION OF CHRIS P. DESANCTIS OF FAIRFIELD TO BE A MEMBER OF THE METRO NORTH NEW HAVEN RAIL COMMUTER COUNCIL AS A REGULAR COMMUTER.

EXECUTIVE AND LEGISLATIVE NOMINATIONS. H. J. No. 164 RESOLUTION CONFIRMING THE NOMINATION OF RICHARD BOZZUTO OF WATERTOWN TO BE A MEMBER OF THE STATE ELECTIONS ENFORCEMENT COMMISSION.

H. J. No. 165 RESOLUTION EXPRESSING SYMPATHY ON THE DEATH OF CAROL A. HERSKOWITZ.

The following favorable report was received from the House, read the second time and tabled for the calendar.

BANKS. Substitute for S. B. No. 1315 (RAISED) (File No. 187) AN ACT CONCERNING THE FACULTY AT PUBLIC INSTITUTIONS OF HIGHER EDUCATION AND REVISIONS TO VARIOUS HIGHER EDUCATION STATUTES. (As amended by Senate Amendment Schedule "A").

The following bills were taken from the table, read the third time, the reports of the Committees accepted and the bills placed on the Consent Calendar No. 1.

APPROPRIATIONS. Substitute for S. B. No. 1048 (RAISED) (File No. 441) AN ACT CONCERNING THE INVESTIGATION OF A DISCRIMINATION COMPLAINT AGAINST OR BY AN AGENCY HEAD OR STATE COMMISSION OR BOARD MEMBER.

Senator Prague of the 19th explained the bill, offered Senate Amendment Schedule “A” (LCO 7805) and moved adoption.

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

"Section 1. Subsection (b) of section 46a-68 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) (1) Each state agency, department, board or commission shall designate a full-time or part-time affirmative action officer. If such affirmative action officer is an employee of the agency, department, board or commission, the executive head of the agency, department, board or commission shall be directly responsible for the supervision of the officer.

(2) The Commission on Human Rights and Opportunities shall provide training and technical assistance to affirmative action officers in plan development and implementation.

(3) The Commission on Human Rights and Opportunities and the Permanent Commission on the Status of Women shall provide training concerning state and federal discrimination laws and techniques for conducting [internal] investigations of discrimination complaints to persons designated by state agencies, departments, boards or commissions as affirmative action officers and persons designated by the Attorney General or the Attorney General's designee to represent such agencies, departments, boards [, departments] or commissions pursuant to subdivision (5) of this subsection. Such training shall be provided for a minimum of ten hours during the first year of service or designation, and a minimum of five hours per year thereafter.

(4) (A) Each person designated by a state agency, department, board or commission as an affirmative action officer shall [(A)] (i) be responsible for mitigating any discriminatory conduct within the agency, department, board or commission, [(B)] (ii) investigate all complaints of discrimination made against the state agency, department, board or commission, [(C)] and (iii) report all findings and recommendations upon the conclusion of an investigation to the commissioner or director of the state agency, department, board or commission for proper action. [, and (D) complete ten hours of training provided by the Commission on Human Rights and Opportunities and the Permanent Commission on the Status of Women pursuant to subdivision (3) of this subsection. ]

[(5) No person designated by a state agency, department, board or commission as an affirmative action officer shall represent such agency, department, board or commission before the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission. If a complaint of discrimination is filed with the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission against a state agency, department, board or commission, the Attorney General, or a designee of the Attorney General, other than the affirmative action officer for such agency, board, department or commission, shall represent the state agency, board, department or commission before the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission. ]

(B) Notwithstanding the provisions of subparagraphs (A)(i), (A)(ii) and (A)(iii) of this subdivision, if a discrimination complaint is made against the executive head of a state agency or department, any member of a state board or commission or any affirmative action officer alleging that the executive head, member or officer directly or personally engaged in discriminatory conduct, or if a complaint of discrimination is made by the executive head of a state agency, any member of a state board or commission or any affirmative action officer, the complaint shall be referred to the Commission on Human Rights and Opportunities for review and, if appropriate, investigation by the Department of Administrative Services. If the discrimination complaint is made by or against the executive head, any member or the affirmative action officer of the Commission on Human Rights and Opportunities alleging that the executive head, member or officer directly or personally engaged in discriminatory conduct, the commission shall refer the complaint to the Department of Administrative Services for review and, if appropriate, investigation. If the complaint is by or against the executive head or affirmative action officer of the Department of Administrative Services, the complaint shall be referred to the Commission on Human Rights and Opportunities for review and, if appropriate, investigation. Each person who conducts an investigation pursuant to this subparagraph shall report all findings and recommendations upon the conclusion of such investigation to the appointing authority of the individual who was the subject of the complaint for proper action. The provisions of this subparagraph shall apply to any such complaint pending on or after the effective date of this section.

(5) Each person designated by a state agency, department, board or commission as an affirmative action officer, and each person designated by the Attorney General or the Attorney General's designee to represent an agency pursuant to subdivision (6) of this subsection, shall complete training provided by the Commission on Human Rights and Opportunities and the Permanent Commission on the Status of Women pursuant to subdivision (3) of this subsection.

(6) No person designated by a state agency, department, board or commission as an affirmative action officer shall represent such agency, department, board or commission before the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission concerning a discrimination complaint. If a discrimination complaint is filed with the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission against a state agency, department, board or commission, the Attorney General, or the Attorney General's designee, other than the affirmative action officer for such agency, department board or commission, shall represent the state agency, department, board or commission before the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission. "

On motion of Senator Prague of the 19th, the bill as amended by Senate Amendment Schedule “A” (LCO 7805) was placed on the Consent Calendar No. 1.

APPROPRIATIONS. Substitute for S. B. No. 937 (COMM) (File No. 489) AN ACT ESTABLISHING AN OFFICE OF MILITARY AFFAIRS AND IMPLEMENTING RECOMMENDATIONS OF THE GOVERNOR'S COMMISSION FOR THE ECONOMIC DIVERSIFICATION OF SOUTHEASTERN CONNECTICUT.

Senator Stillman of the 20th explained the bill, offered Senate Amendment Schedule “A” (LCO 8456) and moved adoption.

In line 11, after "Affairs. " insert "The executive director shall have the necessary qualifications to perform the duties of said office, including, but not limited to, having prior military experience, and having attained the rank of an officer within a branch of the armed forces. The Governor shall give preference to any person with the necessary training and experience who has served in the navy and who has knowledge or prior experience with the federal Base Realignment and Closure or "BRAC" process. "

On motion of Senator Stillman of the 20th, the bill as amended by Senate Amendment Schedule “A” (LCO 8456) was placed on the Consent Calendar No. 1.

PLANNING AND DEVELOPMENT. Substitute for S. B. No. 751 (COMM) (File Nos. 547 and 853) AN ACT CONCERNING THE ESTABLISHMENT OF A SENIOR CITIZEN VOLUNTEER SERVICES TAX CREDIT PROGRAM.

Senator Doyle of the 9th explained the bill, offered Senate Amendment Schedule “A” (LCO 8509) and moved adoption.

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

"Section 1. (NEW) (Effective October 1, 2007, and applicable to assessment years commencing on or after October 1, 2007) Any municipality may, upon approval by its legislative body, abate the property taxes due for any tax year or the interest on delinquent taxes from a taxpayer who at the time that the property tax abatement is sought: (1) Has provided volunteer services on behalf of a municipality, (2) is sixty-two years of age or older, and (3) has annual income of less than thirty thousand dollars if unmarried, and less than fifty thousand dollars if married. The amounts of qualifying income as provided in this section shall be adjusted annually in a uniform manner to reflect the annual inflation adjustment in Social Security income, with each such adjustment of qualifying income determined to the nearest one hundred dollars. The amount of such property tax abatement shall be the product of the number of hours that such taxpayer volunteered multiplied by the state minimum fair wage, as prescribed in subsection (j) of section 31-58 of the general statutes, for each hour of volunteer service. Any such abatement shall be redetermined on an annual basis utilizing volunteer service hours provided during the course of the tax year for a qualifying taxpayer. The legislative body may establish the maximum amount of taxes that may be abated for a qualifying taxpayer for each tax year, provided the maximum amount of taxes that may be abated for a qualifying taxpayer shall be one thousand dollars for each tax year. A property tax abatement granted to any taxpayer in accordance with the provisions of this section shall be excluded from any calculation of income for purposes of determining the eligibility for, or the benefit level of, such taxpayer under the provisions of sections 12-81f, 12-81g, 12-129b to 12-129d, inclusive, 12-129n, 12-170v, 12-170w and 12-170aa of the general statutes and any property tax abatement provided under this section shall be in addition to any such benefits for which such taxpayer is eligible under sections 12-81f, 12-81g, 12-129b to 12-129d, inclusive, 12-129n, 12-170v, 12-170w and 12-170aa of the general statutes. The utilization of services provided by any volunteer as set forth in this section shall not interfere with any collective bargaining agreement or result in the reduction or elimination of any bargaining unit position. "

On motion of Senator Doyle of the 9th, the bill as amended by Senate Amendment Schedule “A” (LCO 8509) was placed on the Consent Calendar No. 1.

The following favorable report was taken from the table, read the third time, the report of the Committee accepted and the bill passed.

APPROPRIATIONS. Substitute for S. B. No. 167 (COMM) (File No. 560) AN ACT REVISING THE PROCESS FOR THE TAKING OF REAL PROPERTY BY MUNICIPALITIES FOR REDEVELOPMENT AND ECONOMIC DEVELOPMENT.

Senator McDonald of the 27th explained the bill, offered Senate Amendment Schedule “A” (LCO 8490) and moved adoption.

Remarking were Senators Coleman of the 2nd, Meyer of the 12th, Stillman of the 20th, Cappiello of the 24th, Kissel of the 7th, Freedman of the 26th, Fasano of the 34th and Gomes of the 23rd.

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

"Section 1. Section 8-193 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to property acquired on or after said date):

(a) After approval of the development plan as provided in this chapter, the development agency may proceed by purchase, lease, exchange or gift with the acquisition or rental of real property within the project area and real property and interests therein for rights-of-way and other easements to and from the project area.

(b) (1) The development agency may, with the approval of the legislative body in accordance with this subsection, and in the name of the municipality, acquire by eminent domain real property located within the project area and real property and interests therein for rights-of-way and other easements to and from the project area, in the same manner that a redevelopment agency may acquire real property under sections 8-128 to 8-133, inclusive, as amended by this act, as if said sections specifically applied to development agencies, except that no real property may be acquired by eminent domain pursuant to this subsection for the primary purpose of increasing local tax revenue.

(2) The development agency shall conduct a public hearing on any proposed acquisition of real property by eminent domain. The development agency shall cause notice of the time, place and subject of the hearing to be published in a newspaper having a substantial circulation in the municipality not more than ten days before the date set for the hearing. Not less than ten days before the date of the hearing, the development agency shall send, by first class mail, notice of the time, place and subject of the hearing to the owners of record of the real property and to all owners of real property within one hundred feet of the real property to be acquired by eminent domain.

(3) (A) No parcel of real property may be acquired by eminent domain under this section except by approval by vote of at least two-thirds of the members of the legislative body of the municipality or, in the case of a municipality for which the legislative body is a town meeting or a representative town meeting, the board of selectmen. Such approval shall be by (i) separate vote on each parcel of real property to be acquired, or (ii) a vote on one or more groups of such parcels, provided each parcel to be acquired is identified for the purposes of a vote on a group of such parcels under this subparagraph. The legislative body or the board of selectmen, as the case may be, shall not approve the use of eminent domain by the development agency unless the legislative body or board of selectmen has (I) considered the benefits to the public and any private entity that will result from the development project and determined that the public benefits outweigh any private benefits, (II) determined that the current use of the real property cannot be feasibly integrated into the overall development plan, and (III) determined that the acquisition of the real property by eminent domain is reasonably necessary to successfully achieve the objectives of the development plan.

(B) The municipality shall cause notice of any approved acquisition by eminent domain under this subdivision to be published in a newspaper having a substantial circulation in the municipality not more than ten days after such approval.

(C) (i) The development agency shall acquire any property identified in the plan as property to be acquired by eminent domain by a date that is five years after the date the first property is acquired by eminent domain under the plan unless the development agency approves an extension of the time for acquisition, except that no property may be acquired by eminent domain under the plan more than ten years after the first property is acquired by eminent domain under the plan.

(ii) With respect to a development plan for a project that is funded in whole or in part by federal funds, the provisions of this subparagraph shall not apply to the extent that such provisions are prohibited by federal law.

(4) The owner-occupant of property acquired by eminent domain under this section may file an application in the superior court for the judicial district in which the municipality is located to enjoin the acquisition of such property. The court may issue such injunction if the court finds that the development agency or municipality failed to comply with the requirements of this chapter. The filing of an application to enjoin the acquisition of property by eminent domain, in a court of competent jurisdiction, shall toll the five-year period or ten-year period set forth in subparagraph (C) of subdivision (3) of this subsection with respect to such property until the date a final judgment is entered in any such action, or any appeal thereof, whichever date is later.

(c) (1) With respect to real property acquired by eminent domain pursuant to this section on or after the effective date of this section, if the municipality does not use the real property for the purpose for which it was acquired or for some other public use and seeks to sell the property, the municipality shall first offer the real property for sale pursuant to subdivision (2) of this subsection to the person from whom the real property was acquired, or heirs of the person designated pursuant to subdivision (2) of this subsection, if any, for a price not to exceed the lesser of (A) the amount paid by the development agency to acquire the property, or (B) the fair market value of the property at the time of any sale under this subsection. After the municipality provides notice pursuant to subdivision (2) of this subsection, the municipality may not sell such property to a third party unless the municipality has permitted the person or named heirs six months during which to exercise the right to purchase the property, and an additional six months to finalize the purchase if the person or named heirs provide the municipality with notice of intent to purchase the property within the initial six-month period.

(2) For the purposes of any offer of sale pursuant to this subsection, the municipality shall provide a form to any person whose property is acquired by eminent domain pursuant to this section to permit such person to provide an address for notice of sale to be sent, or to provide the name and address of an agent to receive such notice. Such form shall be designed to permit the person to designate heirs of the person who shall be eligible to purchase such property pursuant to this subsection. The person or agent shall update information in the form in writing. If the person or agent does not provide or update the information in the form in a manner that permits the municipality to send notice of sale pursuant to this subsection, no such notice shall be required.

(3) With respect to a development plan for a project that is funded in whole or in part by federal funds, the provisions of this subsection shall not apply to the extent that such provisions are prohibited by federal law.

(d) The development agency may, with the approval of the legislative body and, of the commissioner if any grants were made by the state under section 8-190 or 8-195 for such development project, and in the name of such municipality, transfer by sale or lease at fair market value or fair rental value, as the case may be, the whole or any part of the real property in the project area to any person, in accordance with the project plan and such disposition plans as may have been determined by the commissioner.

[(b)] (e) A development agency shall have all the powers necessary or convenient to undertake and carry out development plans and development projects, including the power to clear, demolish, repair, rehabilitate, operate, or insure real property while it is in its possession, to make site improvements essential to the preparation of land for its use in accordance with the development plan, to install, construct or reconstruct streets, utilities and other improvements necessary for carrying out the objectives of the development project, and, in distressed municipalities, as defined in section 32-9p, to lend funds to businesses and industries in a manner approved by the commissioner.

Sec. 2. (NEW) (Effective from passage and applicable to property acquired on or after said date) (a) (1) No real property may be acquired by a redevelopment agency by eminent domain pursuant to section 8-128 of the general statutes, as amended by this act, under a redevelopment plan under chapter 130 of the general statutes, for the primary purpose of increasing local tax revenue.

(2) The redevelopment agency shall conduct a public hearing on any proposed acquisition of real property by eminent domain. The redevelopment agency shall cause notice of the time, place and subject of the hearing to be published in a newspaper having a substantial circulation in the municipality not more than ten days before the date set for the hearing. Not less than ten days before the date of the hearing, the redevelopment agency shall send, by first class mail, notice of the time, place and subject of the hearing to the owners of record of the real property and to all owners of real property within one hundred feet of the real property to be acquired by eminent domain.

(3) (A) No parcel of real property may be acquired by eminent domain under this section except by approval by vote of a majority of the members of the redevelopment agency. Such approval shall be by (i) separate vote on each parcel of real property to be acquired, or (ii) a vote on one or more groups of such parcels, provided each parcel to be acquired is identified for the purposes of a vote on a group of such parcels under this subparagraph. The redevelopment agency shall not approve the use of eminent domain unless the redevelopment agency has (I) considered the benefits to the public and any private entity that will result from the redevelopment project and determined that the public benefits outweigh any private benefits, (II) determined that the current use of the real property cannot be feasibly integrated into the overall redevelopment plan, and (III) determined that the acquisition of the real property by eminent domain is reasonably necessary to successfully achieve the objectives of the redevelopment plan.

(B) The redevelopment agency shall cause notice of any approved acquisition by eminent domain under this subdivision to be published in a newspaper having a substantial circulation in the municipality not more than ten days after such approval.

(C) (i) The redevelopment agency shall acquire any property identified in the plan as property to be acquired by eminent domain by a date that is five years after the date the first property is acquired by eminent domain under the plan unless the redevelopment agency approves an extension of the time for acquisition, except that no property may be acquired by eminent domain under the plan more than ten years after the first property is acquired by eminent domain under the plan.

(ii) With respect to a redevelopment plan for a project that is funded in whole or in part by federal funds, the provisions of this subparagraph shall not apply to the extent that such provisions are prohibited by federal law.

(4) The owner-occupant of property acquired by eminent domain under this section may file an application in the superior court for the judicial district in which the municipality is located to enjoin the acquisition of such property. The court may issue such injunction if the court finds that the redevelopment agency failed to comply with the requirements of this chapter. The filing of an application to enjoin the acquisition of property by eminent domain, in a court of competent jurisdiction, shall toll the five-year period or ten-year period set forth in subparagraph (C) of subdivision (3) of this subsection with respect to such property until the date a final judgment is entered in any such action, or any appeal thereof, whichever date is later.

(b) (1) With respect to real property acquired by eminent domain pursuant to this section on or after the effective date of this section, if the municipality does not use the real property for the purpose for which it was acquired or for some other public use and seeks to sell the property, the municipality shall first offer the real property for sale pursuant to subdivision (2) of this subsection to the person from whom the real property was acquired, or heirs of the person designated pursuant to subdivision (2) of this subsection, if any, for a price not to exceed the lesser of (A) the amount paid by the redevelopment agency to acquire the property, or (B) the fair market value of the property at the time of any sale under this subsection. After the municipality provides notice pursuant to subdivision (2) of this subsection, the municipality may not sell such property to a third party unless the municipality has permitted the person or named heirs six months during which to exercise the right to purchase the property, and an additional six months to finalize the purchase if the person or named heirs provide the municipality with notice of intent to purchase the property within the initial six-month period.

(3) With respect to a redevelopment plan for a project that is funded in whole or in part by federal funds, the provisions of this subsection shall not apply to the extent that such provisions are prohibited by federal law.

Sec. 3. Section 32-224 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to property acquired on or after said date, and applicable to development plans adopted on or after said date):

(a) Any municipality which has a planning commission may, by vote of its legislative body, designate an implementing agency to exercise the powers granted under sections 32-220 to 32-234, inclusive. Any municipality may, with the approval of the commissioner, designate a separate implementing agency for each municipal development project undertaken by such municipality pursuant to said sections.

(b) The implementing agency may initiate a municipal development project by preparing and submitting a development plan to the commissioner. Such plan shall meet an identified public need and include: (1) A legal description of the real property within the boundaries of the project area; (2) a description of the present condition and uses of such real property; (3) a description of the process utilized by the agency to prepare the plan and a description of alternative approaches considered to achieve project objectives; (4) a description of the types and locations of land uses or building uses proposed for the project area; [(4)] (5) a description of the types and locations of present and proposed streets, sidewalks and sanitary, utility and other facilities and the types and locations of other proposed project improvements; [(5)] (6) statements of the present and proposed zoning classification and subdivision status of the project area and the areas adjacent to the project area; [(6)] (7) a plan for relocating project area occupants; [(7)] (8) a financing plan; [(8)] (9) an administrative plan; [(9)] (10) an environmental analysis, marketability and proposed land use study, or building use study if required by the commissioner; [(10)] (11) appraisal reports and title searches if required by the commissioner; [(11)] (12) a description of the [economic] public benefit of the project, including, but not limited to, (A) the number of jobs which the implementing agency anticipates would be created or retained by the project, (B) the estimated property tax benefits, [and] (C) the number and types of existing housing units in the municipality in which the project would be located, and in contiguous municipalities, which would be available to employees filling such jobs, [and (12)] (D) a general description of infrastructure improvements, including public access, facilities or use, that the implementing agency anticipates may be needed to implement the development plan, (E) a general description of the implementing agency's goals for blight remediation or, if known, environmental remediation, (F) a general description of any aesthetic improvements that the implementing agency anticipates may be generated by the project, (G) a general description of the project's intended role in increasing or sustaining market value of land in the municipality, (H) a general description of the project's intended role in assisting residents of the municipality to improve their standard of living, and (I) a general statement of the project's role in maintaining or enhancing the competitiveness of the municipality; (13) a finding that (A) the land and buildings within the boundaries of the project area will be used principally for manufacturing or other economic base business purposes or business support services; (B) the plan is in accordance with the plan of conservation and development for the municipality, if any, adopted by its planning commission under section 8-23, and the plan of development of the regional planning agency adopted under section 8-35a, if any, for the region within which the municipality is located; (C) the plan [is not inimical to any] was prepared giving due consideration to the state plan of conservation and development adopted under chapter 297 and other state-wide planning program objectives of the state or state agencies as coordinated by the Secretary of the Office of Policy and Management; and (D) the project will contribute to the economic welfare of the municipality and the state and that to carry out and administer the project, public action under sections 32-220 to 32-234, inclusive, is required; and (14) a preliminary statement describing the proposed process for acquiring each parcel of real property, including findings that (A) public benefits resulting from the plan will outweigh any private benefits; (B) existing use of the real property cannot be feasibly integrated into the overall plan for the project; (C) acquisition by eminent domain is reasonably necessary to successfully achieve the objectives of such plan; and (D) the plan is not for the primary purpose of increasing local tax revenues. The provisions of this subsection with respect to submission of a development plan to and approval by the commissioner and with respect to a finding that the plan [is not inimical to any] was prepared giving due consideration to the state plan of conservation and development and state-wide planning program objectives of the state or its agencies shall not apply to a project for which no financial assistance has been given and no application for financial assistance is to be made under section 32-223. Any plan [which] that has been prepared under chapters 130, 132 or 588a may be submitted by the implementing agency to the legislative body of the municipality and to the commissioner in lieu of a plan initiated and prepared in accordance with this section, provided all other requirements of sections 32-220 to 32-234, inclusive, for obtaining the approval of the commissioner of the development plan are satisfied. Any action taken in connection with the preparation and adoption of such plan shall be deemed effective to the extent such action satisfies the requirements of said sections.

(c) (1) No plan shall be adopted unless the planning commission of the municipality finds that the plan is in accord with the plan of development, if any, for the municipality and the regional planning agency, if any, organized under chapter 127 for the region within which such municipality is located finds that such plan is in accord with the plan of development, if any, for such region. If the regional planning agency fails to make a finding concerning the plan within thirty-five days of receipt thereof, by such agency, it shall be presumed that such agency does not disapprove of the plan. The implementing agency shall hold at least one public hearing on the plan and shall cause notice of the time, place, and subject of any public hearing to be published at least once in a newspaper of general circulation in the municipality not less than one week nor more than three weeks prior to the date of such public hearing. At least thirty-five days prior to the public hearing, the implementing agency shall post the plan on the Internet web site of the implementing agency, if any. Upon adoption of the plan the implementing agency shall submit the plan to the legislative body of the municipality for approval or disapproval. Any approval by the implementing agency and legislative body of the municipality made under this section shall specifically provide for approval of any findings contained therein. After approval of the plan by the legislative body of the municipality, [such] the plan shall be submitted to the commissioner for his approval. If the commissioner requires a substantial modification of the plan as a condition of approval, the plan shall be subject to a public hearing and approval by the implementing agency and the legislative body of the municipality in accordance with the provisions of this subsection.

(2) The plan shall be effective for a period of ten years after the date of approval and may be amended in accordance with this section. The legislative body shall review the plan at least once every ten years after the initial approval, and shall reapprove the plan or an amended plan at least once every ten years after the initial approval in accordance with this section in order for the plan or amended plan to remain in effect. With respect to a development plan for a project that is funded in whole or in part by federal funds, the provisions of this subdivision shall not apply to the extent that such provisions are prohibited by federal law.

(d) The implementing agency shall cause notice of the initial approval of the plan to be published in a newspaper having general circulation in the municipality.

[(d)] (e) A development plan may be modified at any time by the implementing agency, provided, if modified after the lease or sale of real property in the project area, the lessees or purchasers of such real property or their successor or successors in interest affected by the proposed modification shall consent to such modification. If the proposed modification will substantially alter the development plan as previously approved, the modification shall be subject to the approval of the local legislative body of the municipality and the commissioner in the same manner as approval of the development plan. The municipality may, by vote of its legislative body, abandon the development plan and convey such real property within the boundaries of the project area free of any restriction, obligation or procedure imposed by the plan subject to all other local and state laws, ordinances or regulations, including, but not limited to, any offer of sale required under subsection (i) of this section, if after three years from the date of approval of the plan the implementing agency has not transferred by sale or lease all or any part of the real property acquired in the project area to any person in accordance with the development plan and no grant of financial assistance under sections 32-220 to 32-234, inclusive, has been given for such project other than for activities related to the planning of the project pursuant to section 32-222.

[(e)] (f) The implementing agencies of two or more municipalities may, after approval by each legislative body thereof, jointly initiate a development project if the project area is to be located in one or more of such municipalities. Such implementing agencies, after approval by the commissioner of the development plan for the project if any state aid is to be requested under section 32-223, may enter into and amend subject to the approval of the commissioner, an agreement to jointly carry out the development plan. Such agreement may include provisions for furnishing municipal services to the project and sharing costs of and revenues from the project, including property tax and rental receipts. The development plan shall include a proposed form of the agreement to be entered into by the municipalities. Each municipality which is a party to an agreement may make appropriations and levy taxes in accordance with the provisions of the general statutes and may issue bonds in accordance with section 32-227 to further its obligations under the agreement.

[(f)] (g) As used in this subsection, "public service facility" includes any sewer, pipe, main conduit, cable, wire, pole, tower, building or utility appliance owned or operated by an electric, gas, telephone, telegraph or water company. Whenever an implementing agency determines that the closing of any street or public right-of-way is provided for in a development plan adopted and approved in accordance with sections 32-220 to 32-234, inclusive, or where the carrying out of such a development plan, including the construction of new improvements, requires the temporary or permanent readjustment, relocation or removal of a public service facility from a street or public right-of-way, the implementing agency shall issue an appropriate order to the company owning or operating such facility. Such company shall permanently or temporarily readjust, relocate or remove the public service facility promptly in accordance with such order, provided an equitable share of the cost of such readjustment, relocation or removal, including the cost of installing and constructing a facility of equal capacity in a new location, shall be borne by the implementing agency. Such equitable share shall be fifty per cent of such cost after the deduction hereinafter provided. In establishing the equitable share of the cost to be borne by the implementing agency, there shall be deducted from the cost of the readjusted, relocated or removed facilities a sum based on a consideration of the value of materials salvaged from existing installations, the cost of the original installation, the life expectancy of the original facility and the unexpired term of such life use. The books and records of the company shall be made available for inspection by the implementing agency to determine the equitable share of the cost of such readjustment, relocation or removal. When any facility is removed from a street or public right-of-way to a private right-of-way, the implementing agency shall not pay for such private right-of-way. If the implementing agency and the company owning or operating such facility cannot agree upon the share of the cost to be borne by the implementing agency, such agency or the company may apply to the superior court for the judicial district within which the street or public right-of-way is situated, or, if the court is not in session, to any judge thereof, for a determination of the cost to be borne by the implementing agency. The court or the judge, after causing notice of the pendency of such application to be given to the other party, shall appoint a state referee to make such determination. The referee, having given at least ten days' notice to the interested parties of the time and place of the hearing, shall hear both parties, take such testimony as he may deem material and thereupon determine the amount of the cost to be borne by the implementing agency. The referee shall immediately report the amount to the court. If the report is accepted by the court, such determination shall, subject to right of appeal as in civil actions, be conclusive upon such parties.

[(g)] (h) After approval of the development plan pursuant to sections 32-220 to 32-234, inclusive, the implementing agency may by purchase, lease, exchange or gift acquire or rent real property necessary or appropriate for the project as identified in the development plan and real property and interests therein for rights-of-way and other easements to and from the project area.

(i) (1) The implementing agency may, with the approval of the legislative body of the municipality, and in the name of the municipality, condemn in accordance with section 8-128 to 8-133, inclusive, as amended by this act, any real property necessary or appropriate for the project as identified in the development plan, including real property and interests in land for rights-of-way and other easements to and from the project area, except that no real property may be condemned pursuant to this subsection for the primary purpose of increasing local tax revenue.

(2) The implementing agency shall conduct a public hearing on any proposed acquisition of real property by condemnation pursuant to this subsection. The implementing agency shall cause notice of the time, place and subject of the hearing to be published in a newspaper having a substantial circulation in the municipality not more than ten days before the date set for the hearing. Not less than ten days before the date of the hearing, the implementing agency shall send, by first class mail, notice of the time, place and subject of the hearing to the owners of record of the real property and to all owners of real property within one hundred feet of the real property to be acquired by condemnation.

(3) (A) No parcel of real property may be acquired by condemnation under this section except by approval by vote of at least two-thirds of the members of the legislative body of the municipality, or, in the case of a municipality for which the legislative body is a town meeting or a representative town meeting, the board of selectmen. Such approval shall be by (i) separate vote on each parcel of real property to be acquired, or (ii) a vote on one or more groups of such parcels, provided each parcel to be acquired is identified for the purposes of a vote on a group of such parcels under this subparagraph. The legislative body or the board of selectmen, as the case may be, shall not approve the use of condemnation by the implementing agency unless the legislative body or board of selectmen has (I) considered the benefits to the public and any private entity that will result from the municipal development project and determined that the public benefits outweigh any private benefits, (II) determined that the current use of the real property cannot be feasibly integrated into the overall development plan, and (III) determined that the acquisition of the real property by condemnation is reasonably necessary to successfully achieve the objectives of the development plan.

(B) The municipality shall cause notice of any approved acquisition by condemnation under this subdivision to be published in a newspaper having a substantial circulation in the municipality not more than ten days after such approval.

(C) (i) The implementing agency shall acquire any property identified in the plan as property to be acquired by condemnation by a date that is five years after the date the first property is acquired by condemnation under the plan unless the implementing agency approves an extension of the time for acquisition, except that no property may be acquired by condemnation under the plan more than ten years after the first property is acquired by condemnation under the plan.

(4) The owner-occupant of property acquired by condemnation under this section may file an application in the superior court for the judicial district in which the municipality is located to enjoin the acquisition of such property. The court may issue such injunction if the court finds that the implementing agency or municipality failed to comply with the requirements of this section. The filing of an application to enjoin the acquisition of property by condemnation, in a court of competent jurisdiction, shall toll the five-year period or ten-year period set forth in subparagraph (C) of subdivision (3) of this subsection with respect to such property until the date a final judgment is entered in any such action, or any appeal thereof, whichever date is later.

(j) (1) With respect to real property acquired by condemnation pursuant to this section on or after the effective date of this section, if the municipality does not use the real property for the purpose for which it was acquired or for some other public use and seeks to sell the property, the municipality shall first offer the real property for sale pursuant to subdivision (2) of this subsection to the person from whom the real property was acquired, or heirs of the person designated pursuant to subdivision (2) of this subsection, if any, for a price not to exceed the lesser of (A) the amount paid by the implementing agency to acquire the property, or (B) the fair market value of the property at the time of any sale under this subsection. After the municipality provides notice pursuant to subdivision (2) of this subsection, the municipality may not sell such property to a third party unless the municipality has permitted the person or named heirs six months during which to exercise the right to purchase the property, and an additional six months to finalize the purchase if the person or named heirs provide the municipality with notice of intent to purchase the property within the initial six-month period.

(2) For the purposes of any offer of sale pursuant to this subsection, the municipality shall provide a form to any person whose property is acquired by condemnation pursuant to this section to permit such person to provide an address for notice of sale to be sent, or to provide the name and address of an agent to receive such notice. Such form shall be designed to permit the person to designate heirs of the person who shall be eligible to purchase such property pursuant to this subsection. The person or agent shall update information in the form in writing. If the person or agent does not provide or update the information in the form in a manner that permits the municipality to send notice of sale pursuant to this subsection, no such notice shall be required.

Sec. 4. Subparagraph (A) of subdivision (3) of subsection (c) of section 7-148 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to property acquired on or after said date):

(3) (A) Take or acquire by gift, purchase, grant, including any grant from the United States or the state, bequest or devise and hold, condemn, lease, sell, manage, transfer, release and convey such real and personal property or interest therein absolutely or in trust as the purposes of the municipality or any public use or purpose, including that of education, art, ornament, health, charity or amusement, cemeteries, parks or gardens, or the erection or maintenance of statues, monuments, buildings or other structures, [or the encouragement of private commercial development,] require. Any lease of real or personal property or any interest therein, either as lessee or lessor, may be for such term or any extensions thereof and upon such other terms and conditions as have been approved by the municipality, including without limitation the power to bind itself to appropriate funds as necessary to meet rent and other obligations as provided in any such lease.

Sec. 5. Section 8-125 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007, and applicable to redevelopment plans adopted on or after said date):

[(a)] (1) "Redevelopment" means improvement by the rehabilitation or demolition of structures, by the construction of new structures, improvements or facilities, by the location or relocation of streets, parks and utilities, by replanning or by two or more of these methods;

[(b)] (2) "Redevelopment area" means an area within the state [which] that is deteriorated, deteriorating, substandard or detrimental to the safety, health, morals or welfare of the community. An area may consist partly or wholly of vacant or unimproved land or of land with structures and improvements thereon, and may include structures not in themselves substandard or insanitary which are found to be essential to complete an adequate unit of development, if the redevelopment area is deteriorated, deteriorating, substandard or detrimental to the safety, health, morals or welfare of the community. An area may include properties not contiguous to each other. An area may include all or part of the territorial limits of any fire district, sewer district, fire and sewer district, lighting district, village, beach or improvement association or any other district or association, wholly within a town and having the power to make appropriations or to levy taxes, whether or not such entity is chartered by the General Assembly;

[(c)] (3) A "redevelopment plan" [shall include: (1)] means a plan that includes: (A) (i) A description of the redevelopment area and the condition, type and use of the structures therein, and (ii) specification of each parcel proposed to be acquired, including parcels to be acquired by eminent domain; [(2)] (B) the location and extent of the land uses proposed for and within the redevelopment area, such as housing, recreation, business, industry, schools, civic activities, open spaces or other categories of public and private uses; [(3)] (C) the location and extent of streets and other public utilities, facilities and works within the redevelopment area; [(4)] (D) schedules showing the number of families displaced by the proposed improvement, the method of temporary relocation of such families and the availability of sufficient suitable living accommodations at prices and rentals within the financial reach of such families and located within a reasonable distance of the area from which [they] such families are displaced; [(5)] (E) present and proposed zoning regulations in the redevelopment area; [(6)] (F) a description of how the redevelopment area is deteriorated, deteriorating, substandard or detrimental to the safety, health, morals or welfare of the community; and (G) any other detail including financial aspects of redevelopment which, in the judgment of the redevelopment agency authorized herein, is necessary to give it adequate information;

[(d)] (4) "Planning agency" means the existing city or town plan commission or, if such agency does not exist or is not created, the legislative body or agency designated by it;

[(e)] (5) "Redeveloper" means any individual, group of individuals or corporation or any municipality or other public agency including any housing authority established pursuant to chapter 128;

[(f)] (6) "Real property" means land, subterranean or subsurface rights, structures, any and all easements, air rights and franchises and every estate, right or interest therein.

Sec. 6. Section 8-127 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007, and applicable to redevelopment plans adopted on or after said date):

(b) Before approving any redevelopment plan, the redevelopment agency shall hold a public hearing [thereon] on the plan, notice of which shall be published at least twice in a newspaper of general circulation in the municipality, the first publication of notice to be not less than two weeks before the date set for the hearing. At least thirty-five days prior to any public hearing, the redevelopment agency shall post the plan on the Internet web site of the redevelopment agency, if any. The redevelopment agency may approve any such redevelopment plan if, following such hearing, it finds that: [(a)] (1) The area in which the proposed redevelopment is to be located is a redevelopment area; [(b)] (2) the carrying out of the redevelopment plan will result in materially improving conditions in such area; [(c)] (3) sufficient living accommodations are available within a reasonable distance of such area or are provided for in the redevelopment plan for families displaced by the proposed improvement, at prices or rentals within the financial reach of such families; [and (d)] (4) the redevelopment plan is satisfactory as to site planning, relation to the [comprehensive or general plan] plan of conservation and development of the municipality adopted under section 8-23 and, except when the redevelopment agency has prepared the redevelopment plan, the construction and financial ability of the redeveloper to carry it out; (5) the planning agency has issued a written opinion in accordance with subsection (a) of this section that the redevelopment plan is consistent with the plan of conservation and development of the municipality adopted under section 8-23; and (6) (A) public benefits resulting from the redevelopment plan will outweigh any private benefits; (B) existing use of the real property cannot be feasibly integrated into the overall redevelopment plan for the project; (C) acquisition by eminent domain is reasonably necessary to successfully achieve the objectives of such redevelopment plan; and (D) the redevelopment plan is not for the primary purpose of increasing local tax revenues. No redevelopment plan for a project [which] that consists predominantly of residential facilities shall be approved by the redevelopment agency in any municipality having a housing authority organized under the provisions of chapter 128 except with the approval of such housing authority.

(c) (1) The approval of a redevelopment plan [may] shall be given by the legislative body. [or by such agency as it designates to act in its behalf. ] The plan shall be effective for a period of ten years after the date of approval and may be amended in accordance with this section. The legislative body shall review the plan at least once every ten years after the initial approval, and shall reapprove such plan or an amended plan at least once every ten years after the initial approval in accordance with this section in order for the plan or amended plan to remain in effect. With respect to a redevelopment plan for a project that is funded in whole or in part by federal funds, the provisions of this subdivision shall not apply to the extent that such provisions are prohibited by federal law.

(2) The redevelopment agency shall cause notice of the initial approval of any redevelopment plan to be published in a newspaper having general circulation in the municipality.

Sec. 7. Section 8-128 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to property acquired on or after said date):

(a) Within a reasonable time after its approval of the redevelopment plan as [hereinbefore] provided in section 8-127, as amended by this act, the redevelopment agency may proceed with the acquisition or rental of real property by purchase, lease, exchange or gift. The redevelopment agency may acquire real property by eminent domain with the approval of the legislative body of the municipality and in accordance with the provisions of sections 8-129 to 8-133, inclusive, as amended by this act, and this section, except that a redevelopment agency that acquires real property by eminent domain pursuant to a redevelopment plan under this chapter shall approve the acquisition in accordance with section 2 of this act. The legislative body in its approval of a project [under section 8-127] shall specify the time within which real property is to be acquired, [. The] except as provided in sections 8-193 and 32-224, as amended by this act, and such time for acquisition may be extended by the legislative body in accordance with section 48-6, as amended by this act, upon request of the redevelopment agency, provided the owner of the real property consents to such request.

(b) Real property may be acquired [previous] prior to the adoption or approval of the project area redevelopment plan, provided the property acquired shall be located within an area designated on the general plan as an appropriate redevelopment area or within an area whose boundaries are defined by the planning commission as an appropriate area for a redevelopment project, and provided such acquisition shall be authorized by the legislative body. The redevelopment agency may clear, repair, operate or insure such property while it is in its possession or make site improvements essential to preparation for its use in accordance with the redevelopment plan.

Sec. 8. Section 8-129 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to property acquired on or after said date):

(a) (1) The redevelopment agency shall determine the compensation to be paid to the persons entitled thereto for [such] real property [and] to be acquired by eminent domain pursuant to section 8-128, as amended by this act.

(2) For any real property to be acquired by eminent domain pursuant to section 8-128, as amended by this act, or section 8-193, as amended by this act, or by condemnation pursuant to section 32-224, as amended by this act, pursuant to a redevelopment plan approved under this chapter or a development plan approved under chapter 132 or 588l, the agency shall have two independent appraisals conducted on the real property in accordance with this subdivision. Each appraisal shall be conducted by a state certified real estate appraiser without consultation with the appraiser conducting the other independent appraisal, and shall be conducted in accordance with generally accepted standards of professional appraisal practice as described in the Uniform Standards of Professional Appraisal Practice issued by the Appraisal Standards Board of the Appraisal Foundation pursuant to Title XI of FIRREA and any regulations adopted pursuant to section 20-504. Each appraiser shall provide a copy of the appraisal to the agency and the property owner. The amount of compensation for such real property shall be equal to the average of the amounts determined by the two independent appraisals, except that the compensation for any real property to be acquired by eminent domain pursuant to section 8-193, as amended by this act, or by condemnation pursuant to section 32-244, as amended by this act, shall be one hundred twenty-five per cent of such average amount. If the agency acquires real property that is subject to this subdivision five years or more after acquiring another parcel of real property within one thousand feet of the property pursuant to a redevelopment plan or development plan, the agency shall increase the amount of compensation for the subsequent acquisition of real property by an additional five per cent for each year from the sixth year until the tenth year after the acquisition of the first parcel of real property. With respect to a redevelopment plan or development plan for a project that is funded in whole or in part by federal funds, the provisions of this subdivision shall not apply to the extent that such provisions are prohibited by federal law.

(3) The redevelopment agency shall file a statement of compensation, containing a description of the property to be taken and the names of all persons having a record interest therein and setting forth the amount of such compensation, and a deposit as provided in section 8-130, with the clerk of the superior court for the judicial district in which the property affected is located.

(b) Upon filing such statement of compensation and deposit, the redevelopment agency shall forthwith cause to be recorded, in the office of the town clerk of each town in which the property is located, a copy of such statement of compensation, such recording to have the same effect and to be treated the same as the recording of a lis pendens, and shall forthwith give notice, as provided in this section, to each person appearing of record as an owner of property affected thereby and to each person appearing of record as a holder of any mortgage, lien, assessment or other encumbrance on such property or interest therein [(a)] (1) in the case of any such person found to be residing within this state, by causing a copy of such notice, with a copy of such statement of compensation, to be served upon each such person by a state marshal, constable or indifferent person, in the manner set forth in section 52-57 for the service of civil process, and [(b)] (2) in the case of any such person who is a nonresident of this state at the time of the filing of such statement of compensation and deposit or of any such person whose whereabouts or existence is unknown, by mailing to each such person a copy of such notice and of such statement of compensation, by registered or certified mail, directed to [his] such person's last-known address, and by publishing such notice and such statement of compensation at least twice in a newspaper published in the judicial district and having daily or weekly circulation in the town in which such property is located. Any such published notice shall state that it is notice to the widow or widower, heirs, representatives and creditors of the person holding such record interest, if such person is dead. If, after a reasonably diligent search, no last-known address can be found for any interested party, an affidavit stating such fact, and reciting the steps taken to locate such address, shall be filed with the clerk of the superior court and accepted in lieu of mailing to the last-known address.

(c) Not less than [twelve] thirty-five days or more than ninety days after such notice and such statement of compensation have been so served or so mailed and first published, the redevelopment agency shall file with the clerk of the superior court a return of notice setting forth the notice given and, upon receipt of such return of notice, such clerk shall, without any delay or continuance of any kind, issue a certificate of taking setting forth the fact of such taking, a description of all the property so taken and the names of the owners and of all other persons having a record interest therein. The redevelopment agency shall cause such certificate of taking to be recorded in the office of the town clerk of each town in which such property is located. Upon the recording of such certificate, title to such property in fee simple shall vest in the municipality, and the right to just compensation shall vest in the persons entitled thereto. At any time after such certificate of taking has been so recorded, the redevelopment agency may repair, operate or insure such property and enter upon such property, and take any action that is proposed with regard to such property by the project area redevelopment plan.

(d) The notice [referred to above] required in subsection (b) of this section shall state that (1) not less than [twelve] thirty-five days or more than ninety days after service or mailing and first publication thereof, the redevelopment agency shall file, with the clerk of the superior court for the judicial district in which such property is located, a return setting forth the notice given, (2) upon receipt of such return, such clerk shall issue a certificate for recording in the office of the town clerk of each town in which such property is located, (3) upon the recording of such certificate, title to such property shall vest in the municipality, the right to just compensation shall vest in the persons entitled thereto and the redevelopment agency may repair, operate or insure such property and enter upon such property and take any action that may be proposed with regard thereto by the project area redevelopment plan, and (4) such notice shall bind the widow or widower, heirs, representatives and creditors of each person named [therein] in the notice who then or thereafter may be dead.

(e) When any redevelopment agency acting on behalf of any municipality has acquired or rented real property by purchase, lease, exchange or gift in accordance with the provisions of this section, or in exercising its right of eminent domain has filed a statement of compensation and deposit with the clerk of the superior court and has caused a certificate of taking to be recorded in the office of the town clerk of each town in which such property is located as provided in this section, any judge of such court may, upon application and proof of such acquisition or rental or such filing and deposit and such recording, order such clerk to issue an execution commanding a state marshal to put such municipality and the redevelopment agency, as its agent, into peaceable possession of the property so acquired, rented or condemned. The provisions of this [section] subsection shall not be limited in any way by the provisions of chapter 832.

Sec. 9. Section 8-132 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to property acquired on or after said date):

(a) Any person claiming to be aggrieved by the statement of compensation filed by the redevelopment agency may, at any time within six months after the [same] statement of compensation has been filed, apply to the superior court for the judicial district in which such property is situated for a review of such statement of compensation so far as [the same] it affects such applicant. The court, after causing notice of the pendency of such application to be given to the redevelopment agency, may, with the consent of the parties or their attorneys, appoint a judge trial referee to make a review of the statement of compensation, except that the court shall, upon the motion of either party or their attorneys, refer the application to a judge appointed by the Chief Court Administrator to hear tax appeals pursuant to section 12-39l, who shall consider such application in the manner set forth in subsection (c) of this section. For the purposes of such application, review and appeal therefrom, and for the purposes of sections 52-192a to 52-195, inclusive, as amended by this act, such applicant shall be deemed a counterclaim plaintiff.

(b) If the court appoints a judge trial referee, the judge trial referee, after giving at least ten days' notice to the parties interested of the time and place of hearing, shall hear the applicant and the redevelopment agency, shall view the property and take such testimony as the judge trial referee deems material and shall thereupon revise such statement of compensation in such manner as the judge trial referee deems proper and forthwith report to the court. Such report shall contain a detailed statement of findings by the judge trial referee, sufficient to enable the court to determine the considerations upon which the judge trial referee's conclusions are based. The report of the judge trial referee shall take into account any evidence relevant to the fair market value of the property, including evidence of environmental condition and required environmental remediation. The judge trial referee shall make a separate finding for remediation costs and the property owner shall be entitled to a set-off of such costs in any pending or subsequent action to recover remediation costs for the property. The court shall review the report, and may reject it for any irregular or improper conduct in the performance of the duties of the judge trial referee. If the report is rejected, the court may appoint another judge trial referee to make such review and report. If the report is accepted, its statement of compensation shall be conclusive upon such owner and the redevelopment agency.

(c) If the court does not appoint a judge trial referee, the court, after giving at least ten days' notice to the parties interested of the time and place of hearing, shall hear the applicant and the redevelopment agency and take such testimony as [it] the court deems material, may view the subject property, and shall make a finding regarding the statement of compensation. The findings of the court shall take into account any evidence relevant to the fair market value of the property, including evidence of environmental condition and required environmental remediation. The court shall make a separate finding for remediation costs and the property owner shall be entitled to a set-off of such costs in any pending or subsequent action to recover remediation costs for the property. The findings of the court shall be conclusive upon such owner and the redevelopment agency.

(d) If no appeal to the Appellate Court is filed within the time allowed by law, or if an appeal is filed and the proceedings have terminated in a final judgment finding the amount due the property owner, the clerk shall send a certified copy of the statement of compensation and of the judgment to the redevelopment agency, which shall, upon receipt thereof, pay such property owner the amount due as compensation. The pendency of any such application for review shall not prevent or delay any action that is proposed with regard to such property by the project area redevelopment plan.

Sec. 10. Section 8-189 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007, and applicable to development plans adopted on or after said date):

(a) The development agency may initiate a development project by preparing a project plan [therefor] in accordance with regulations [of] adopted by the commissioner pursuant to section 8-198. The project plan shall meet an identified public need and include: [(a)] (1) A legal description of the land within the project area; [(b)] (2) a description of the present condition and uses of such land or building; [(c)] (3) a description of the process utilized by the agency to prepare the plan and a description of alternative approaches considered to achieve project objectives; (4) a description of the types and locations of land uses or building uses proposed for the project area; [(d)] (5) a description of the types and locations of present and proposed streets, sidewalks and sanitary, utility and other facilities and the types and locations of other proposed site improvements; [(e)] (6) statements of the present and proposed zoning classification and subdivision status of the project area and the areas adjacent to the project area; [(f)] (7) a plan for relocating project-area occupants; [(g)] (8) a financing plan; [(h)] (9) an administrative plan; [(i)] (10) a marketability and proposed land-use study or building use study if required by the commissioner; [(j)] (11) appraisal reports and title searches; [(k) a statement of] (12) a description of the public benefits of the project including, but not limited to, (A) the number of jobs which the development agency anticipates would be created by the project; [and] (B) the estimated property tax benefits; (C) the number and types of existing housing units in the municipality in which the project would be located, and in contiguous municipalities, which would be available to employees filling such jobs; [and (l)] (D) a general description of infrastructure improvements, including public access, facilities or use, that the development agency anticipates may be needed to implement the development plan; (E) a general description of the development agency's goals for blight remediation or, if known, environmental remediation; (F) a general description of any aesthetic improvements that the development agency anticipates may be generated by the project; (G) a general description of the project's intended role in increasing or sustaining market value of land in the municipality; (H) a general description of the project's intended role in assisting residents of the municipality to improve their standard of living; and (I) a general statement of the project's role in maintaining or enhancing the competitiveness of the municipality; (13) findings that (A) the land and buildings within the project area will be used principally for industrial or business purposes; [that] (B) the plan is in accordance with the plan of conservation and development for the municipality adopted by its planning commission under section 8-23, and the plan of development of the regional planning agency adopted under section 8-35a, if any, for the region within which the municipality is located; [that] (C) the plan [is not inimical to any] was prepared giving due consideration to the state plan of conservation and development adopted under chapter 297 and any other state-wide planning program objectives of the state or state agencies as coordinated by the Secretary of the Office of Policy and Management; [that] and (D) the project will contribute to the economic welfare of the municipality and the state; and that to carry out and administer the project, public action under this chapter is required; and (14) a preliminary statement describing the proposed process for acquiring each parcel of real property, including findings that (A) public benefits resulting from the development plan will outweigh any private benefits; (B) existing use of the real property cannot be feasibly integrated into the overall development plan for the project; (C) acquisition by eminent domain is reasonably necessary to successfully achieve the objectives of such development plan; and (D) the development plan is not for the primary purpose of increasing local tax revenues. Any plan [which] that has been prepared by a redevelopment agency under chapter 130 may be submitted by the development agency to the legislative body and to the commissioner for approval in lieu of a plan initiated and prepared in accordance with this section, provided all other requirements of this chapter for obtaining the approval of the commissioner of the project plan are satisfied.

(b) (1) The approval of a development plan shall be given by the legislative body pursuant to section 8-191, as amended by this act.

(3) The development agency shall cause notice of the initial approval of the plan to be published in a newspaper having general circulation in the municipality.

Sec. 11. Section 8-191 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007, and applicable to development plans adopted on or after said date):

(a) Before the development agency adopts a plan for a development project, (1) the planning commission of the municipality shall find that the plan is in accord with the plan of development for the municipality; and (2) the regional planning agency, if any, for the region within which such municipality is located shall find that such plan is in accord with the plan of development for such region, or if such agency fails to make a finding concerning [said] the plan within thirty-five days of receipt [thereof] of the plan by such agency, it shall be presumed that such agency does not disapprove of [such] the plan; and (3) the development agency shall hold at least one public hearing [thereon] on the plan. At least thirty-five days prior to any public hearing, the development agency shall post the plan on the Internet web site of the development agency, if any. Upon approval by the development agency, the agency shall submit [such] the plan to the legislative body which shall vote to approve or disapprove the plan. After approval of the plan by the legislative body, the development agency shall submit the plan for approval to the commissioner. Notice of the time, place and subject of any public hearing held under this section shall be published once in a newspaper of general circulation in [such town] the municipality, such publication to be made not less than one week nor more than three weeks prior to the date set for the hearing. In the event the commissioner requires a substantial modification of the project plan before giving approval, then upon the completion of such modification such plan shall first have a public hearing and then be approved by the development agency and the legislative body. Any legislative body, agency or commission in approving a plan for a development project shall specifically approve the findings made [therein] in the plan.

(b) The provisions of subsection (a) of this section with respect to submission of a development project to and approval by the commissioner shall not apply to a project for which no grant has been made under section 8-190 and no application for a grant is to be made under section 8-195.

Sec. 12. Section 8-200 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to property acquired on or after said date):

(a) A development plan may be modified at any time by the development agency, provided, if modified after the lease or sale of real property in the development project area, the modification must be consented to by the lessees or purchasers of such real property or their successor or successors in interest affected by the proposed modification. Where the proposed modification will substantially change the development plan as previously approved, the modification must be approved in the same manner as the development plan.

(b) If after three years from the date of approval of the development plan the development agency has been unable to transfer by sale or lease at fair market value or fair rental value, as the case may be, the whole or any part of the real property acquired in the project area to any person in accordance with the project plan, and no grant has been made for such project pursuant to section 8-195, the municipality may, by vote of its legislative body, abandon the project plan and such real property may be conveyed free of any restriction, obligation or procedure imposed by the plan but shall be subject to all other local and state laws, ordinances or regulations, including, but not limited to, any offer of sale required under subsection (c) of section 8-193, as amended by this act.

Sec. 13. Section 8-268 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007, and applicable to property acquired on or after said date):

(a) Whenever a program or project undertaken by a state agency or under the supervision of a state agency will result in the displacement of any person on or after July 6, 1971, the head of such state agency shall make payment to any displaced person, upon proper application as approved by such agency head, for (1) actual reasonable expenses in moving himself, his family, business, farm operation or other personal property, (2) actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the state agency, and (3) actual reasonable expenses in searching for a replacement business or farm, provided, whenever any tenant in any dwelling unit is displaced as the result of the enforcement of any code to which this section is applicable by any town, city or borough or agency thereof, the landlord of such dwelling unit shall be liable for any payments made by such town, city or borough pursuant to this section or by the state pursuant to subsection (b) of section 8-280, and the town, city or borough or the state may place a lien on any real property owned by such landlord to secure repayment to the town, city or borough or the state of such payments, which lien shall have the same priority as and shall be filed, enforced and discharged in the same manner as a lien for municipal taxes under chapter 205.

(b) Any displaced person eligible for payments under subsection (a) of this section who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a) of this section may receive a moving expense allowance, determined according to a schedule established by the state agency, not to exceed three hundred dollars and a dislocation allowance of two hundred dollars.

(c) Any displaced person eligible for payments under subsection (a) of this section who is displaced from [his] the person's place of business or from [his] the person's farm operation and who elects to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a) of this section, may receive a fixed payment in an amount equal to the average annual net earnings of the business or farm operation, except that such payment shall not be less than two thousand five hundred dollars nor more than ten thousand dollars. In the case of a business no payment shall be made under this subsection unless the state agency is satisfied that the business (1) cannot be relocated without a substantial loss of its existing patronage, and (2) is not a part of a commercial enterprise having at least one other establishment not being acquired by the state, which is engaged in the same or similar business. For purposes of this subsection, [the term] "average annual net earnings" means one half of any net earnings of the business or farm operation, before federal, state and local income taxes, during the two taxable years immediately preceding the taxable year in which such business or farm operation moves from the real property acquired for such project, or during such other period as such agency determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner, [his] the owner's spouse or [his] the owner's dependents during such period.

(d) Notwithstanding the provisions of this section, in the case of displacement of a person on or after the effective date of this section because of acquisition of real property by a redevelopment agency pursuant to section 8-128, as amended by this act, a development agency pursuant to section 8-193, as amended by this act, or an implementing agency pursuant to section 32-224, as amended by this act, pursuant to a redevelopment plan approved under chapter 130 or a development plan approved under chapter 132 or 588l, the agency shall make relocation payments as provided under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC 4601 et seq. and any subsequent amendments thereto and regulations promulgated thereunder if payments under said act and regulations would be greater than payments under this section and sections 8-269 and 8-270, as amended by this act.

Sec. 14. Section 8-269 of the general statutes is amended by adding subsection (c) as follows (Effective October 1, 2007, and applicable to property acquired on or after said date):

(NEW) (c) Notwithstanding the provisions of this section, in the case of displacement of a person on or after the effective date of this section because of acquisition of real property by a redevelopment agency pursuant to section 8-128, as amended by this act, a development agency pursuant to section 8-193, as amended by this act, or an implementing agency pursuant to section 32-224, as amended by this act, pursuant to a redevelopment plan approved under chapter 130 or a development plan approved under chapter 132 or 588l, the agency shall make relocation payments as provided under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC 4601 et seq. and any subsequent amendments thereto and regulations promulgated thereunder if payments under said act and regulations would be greater than payments under this section and sections 8-268 and 8-270, as amended by this act.

Sec. 15. Section 8-270 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007, and applicable to property acquired on or after said date):

(a) In addition to amounts otherwise authorized by this chapter, a state agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under section 8-269, as amended by this act, which dwelling was actually and lawfully occupied by such displaced person for not less than ninety days prior to the initiation of negotiations for acquisition of such dwelling under the program or project which results in such person being displaced. Such payment shall be either (1) the amount necessary to enable such displaced person to lease or rent for a period not to exceed four years, a decent, safe, and sanitary dwelling of standards adequate to accommodate such person in areas not generally less desirable [in] with regard to public utilities and public and commercial facilities, and reasonably accessible to [his] such displaced person's place of employment, but not to exceed four thousand dollars, or (2) the amount necessary to enable such displaced person to make a down payment, including reasonable expenses incurred by such displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of a decent, safe, and sanitary dwelling of standards adequate to accommodate such person in areas not generally less desirable [in] with regard to public utilities and public and commercial facilities, but not to exceed four thousand dollars, except that if such amount exceeds two thousand dollars, such person must equally match any such amount in excess of two thousand dollars in making the downpayment, and provided, whenever any tenant in any dwelling unit is displaced as the result of the enforcement of any code to which this section is applicable by any town, city or borough or agency thereof, the landlord of such dwelling unit shall be liable for any payments made by such town, city or borough pursuant to this section or by the state pursuant to subsection (b) of section 8-280, and the town, city or borough or the state may place a lien on any real property owned by such landlord to secure repayment to the town, city or borough or the state of such payments, which lien shall have the same priority as and shall be filed, enforced and discharged in the same manner as a lien for municipal taxes under chapter 205.

(b) Notwithstanding the provisions of this section, in the case of displacement of a person on or after the effective date of this section because of acquisition of real property by a redevelopment agency pursuant to section 8-128, as amended by this act, a development agency pursuant to section 8-193, as amended by this act, or an implementing agency pursuant to section 32-224, as amended by this act, pursuant to a redevelopment plan approved under chapter 130 or a development plan approved under chapter 132 or 588l, the agency shall make relocation payments as provided under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC 4601 et seq. and any subsequent amendments thereto and regulations promulgated thereunder if payments under said act and regulations would be greater than payments under this section and sections 8-268 and 8-269, as amended by this act.

Sec. 16. Section 52-192a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to applications filed on or after said date):

(a) After commencement of any civil action based upon contract or seeking the recovery of money damages, whether or not other relief is sought, the plaintiff may, not earlier than one hundred eighty days after service of process is made upon the defendant in such action but not later than thirty days before trial, file with the clerk of the court a written offer of compromise signed by the plaintiff or the plaintiff's attorney, directed to the defendant or the defendant's attorney, offering to settle the claim underlying the action for a sum certain. For the purposes of this section, such plaintiff includes a counterclaim plaintiff under section 8-132, as amended by this act. The plaintiff shall give notice of the offer of compromise to the defendant's attorney or, if the defendant is not represented by an attorney, to the defendant himself or herself. Within thirty days after being notified of the filing of the offer of compromise and prior to the rendering of a verdict by the jury or an award by the court, the defendant or the defendant's attorney may file with the clerk of the court a written acceptance of the offer of compromise agreeing to settle the claim underlying the action for the sum certain specified in the plaintiff's offer of compromise. Upon such filing and the receipt by the plaintiff of such sum certain, the plaintiff shall file a withdrawal of the action with the clerk and the clerk shall record the withdrawal of the action against the defendant accordingly. If the offer of compromise is not accepted within thirty days and prior to the rendering of a verdict by the jury or an award by the court, the offer of compromise shall be considered rejected and not subject to acceptance unless refiled. Any such offer of compromise and any acceptance of the offer of compromise shall be included by the clerk in the record of the case.

(b) In the case of any action to recover damages resulting from personal injury or wrongful death, whether in tort or in contract, in which it is alleged that such injury or death resulted from the negligence of a health care provider, an offer of compromise pursuant to subsection (a) of this section shall state with specificity all damages then known to the plaintiff or the plaintiff's attorney upon which the action is based. At least sixty days prior to filing such an offer, the plaintiff or the plaintiff's attorney shall provide the defendant or the defendant's attorney with an authorization to disclose medical records that meets the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (P. L. 104-191) (HIPAA), as amended from time to time, or regulations adopted thereunder, and disclose any and all expert witnesses who will testify as to the prevailing professional standard of care. The plaintiff shall file with the court a certification that the plaintiff has provided each defendant or such defendant's attorney with all documentation supporting such damages.

(c) After trial the court shall examine the record to determine whether the plaintiff made an offer of compromise which the defendant failed to accept. If the court ascertains from the record that the plaintiff has recovered an amount equal to or greater than the sum certain specified in the plaintiff's offer of compromise, the court shall add to the amount so recovered eight per cent annual interest on said amount, except in the case of a counterclaim plaintiff under section 8-132, as amended by this act, the court shall add to the amount so recovered eight per cent annual interest on the difference between the amount so recovered and the sum certain specified in the counterclaim plaintiff's offer of compromise. The interest shall be computed from the date the complaint in the civil action or application under section 8-132, as amended by this act, was filed with the court if the offer of compromise was filed not later than eighteen months from the filing of such complaint or application. If such offer was filed later than eighteen months from the date of filing of the complaint or application, the interest shall be computed from the date the offer of compromise was filed. The court may award reasonable attorney's fees in an amount not to exceed three hundred fifty dollars, and shall render judgment accordingly. This section shall not be interpreted to abrogate the contractual rights of any party concerning the recovery of attorney's fees in accordance with the provisions of any written contract between the parties to the action.

Sec. 17. (NEW) (Effective from passage) (a) No person who negotiates the acquisition of real property may represent in such negotiation that the person has the power to acquire the property by eminent domain unless the person is an appointed or elected official of a public agency, as defined in section 1-200 of the general statutes, that has such power.

(b) Any violation of subsection (a) of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b of the general statutes.

Sec. 18. Section 8-273a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to property acquired on or after said date):

(a) Notwithstanding any other provisions of the general statutes to the contrary, whenever the Commissioner of Transportation undertakes the acquisition of real property on a state or federally-funded project which results in any person being displaced from his home, business, or farm, the Commissioner of Transportation is hereby authorized to provide relocation assistance and to make relocation payments to such displaced persons and to do such other acts and follow procedures and practices as may be necessary to comply with or to provide the same relocation assistance and relocation payments as provided under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC 4601 et seq. and any subsequent amendments thereto and regulations promulgated thereunder.

(b) (1) Whenever the Commissioner of Transportation acquires an outdoor advertising structure, the amount of compensation to the owner of the outdoor advertising structure shall include payment for relocation costs incurred by such owner.

(2) If the owner (A) is able to obtain, within one year of acquisition by the commissioner, all state and local permits necessary for relocation of the outdoor advertising structure to another site in the Standard Metropolitan Statistical Area, as designated in the federal census, in which the outdoor advertising structure is located, and (B) such site was not previously offered for sale or lease to the owner of the outdoor advertising structure, then the commissioner shall pay to the owner the replacement cost of the outdoor advertising structure, plus the fair market value of such outdoor advertising structure less the fair market value of the new site. The fair market value of such site shall be determined by the income capitalization method.

(3) If the owner (A) is unable to obtain, within one year of acquisition by the commissioner, all state and local permits necessary for relocation to another site in the same Standard Metropolitan Statistical Area, as designated in the federal census in which the outdoor advertising structure is located, or (B) such site was previously offered for sale or lease to the owner of the outdoor advertising structure, the commissioner shall pay the replacement cost plus the fair market value of the outdoor advertising structure the commissioner has acquired. The owner shall provide to the commissioner written documentation sufficient to establish that all state and local necessary permits cannot be obtained for relocation within one year of acquisition or that the only available relocation sites have been previously offered for sale or lease to the owner.

(4) Any person aggrieved by determination of the amount of compensation paid under this subsection may appeal to the State Properties Review Board.

Sec. 19. Subsection (f) of section 4b-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to property acquired on or after said date):

(f) The State Properties Review Board shall review real estate acquisitions, sales, leases and subleases proposed by the Commissioner of Public Works, the acquisition, other than by condemnation, or the sale or lease of any property by the Commissioner of Transportation under subdivision (12) of section 13b-4, subject to section 4b-23 and subsection (h) of section 13a-73 and review, for approval or disapproval, any contract for a project described in subsection (h) of section 4b-91. Such review shall consider all aspects of the proposed actions, including feasibility and method of acquisition and the prudence of the business method proposed. The board shall also cooperate with and advise and assist the Commissioner of Public Works and the Commissioner of Transportation in carrying out their duties. The board shall have access to all information, files and records, including financial records, of the Commissioner of Public Works and the Commissioner of Transportation, and shall, when necessary, be entitled to the use of personnel employed by said commissioners. The board shall approve or disapprove any acquisition of development rights of agricultural land by the Commissioner of Agriculture under section 22-26cc. The board shall hear any appeal under section 8-273a, as amended by this act, and shall render a final decision on the appeal within thirty days thereafter. The written decision of the board shall be a final decision for the purposes of sections 4-180 and 4-183.

Sec. 20. Section 48-6 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to property acquired on or after said date):

(a) Any municipal corporation having the right to purchase real property for its municipal purposes which has, in accordance with its charter or the general statutes, voted to purchase the same shall have power to take or acquire such real property, within the corporate limits of such municipal corporation, and if such municipal corporation cannot agree with any owner upon the amount to be paid for any real property thus taken, it shall proceed in the manner provided by section 48-12 within six months after such vote or such vote shall be void.

(b) In the case of acquisition by a redevelopment agency of real property located in a redevelopment area, except as provided in section 2 of this act and sections 8-193 and 32-224, as amended by this act, the time for acquisition may be extended by the legislative body upon request of the redevelopment agency, provided the owner of the real property consents to such request.

(c) In accordance with the policy established in section 7-603, any municipal corporation may take property which is located within the boundaries of a neighborhood revitalization zone identified in a strategic plan adopted pursuant to sections 7-601 and 7-602. The acquisition of such property shall proceed in the manner provided in sections 8-128 to 8-133, inclusive, as amended by this act, and section 48-12.

Sec. 21. Section 8-191a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

No plan prepared and approved under sections 8-189 and 8-191, as amended by this act, which includes the findings enumerated in [subsection (k)] subdivisions (12) and (13) of section 8-189, as amended by this act, shall be invalid and deemed ineffective solely because of the commissioner's failure to comply with any provision of sections 22a-1a to 22a-1f, inclusive. All actions taken by the commissioner between February 1, 1975, and June 14, 1977, are validated. Nothing in this section or section 8-191, as amended by this act, 8-193, as amended by this act or 8-196 shall relieve the commissioner from [his] the commissioner's obligation to comply with sections 22a-1a to 22a-1f, inclusive, subsequent to June 14, 1977.

Sec. 22. Section 48-56 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

There is established, within the General Fund, an Ombudsman for Property Rights account that shall be a separate nonlapsing account. Any funds received under [this] section 48-55 shall, upon deposit in the General Fund, be credited to said account and may be used by the Office of Ombudsman for Property Rights in the performance of its duties. "

Senator Fasano of the 34th offered Senate Amendment Schedule “B” (LCO 8531) and moved adoption.

Remarking were Senators McDonald of the 27th request the vote be taken by roll call and Roraback of the 30th.

On the roll call vote Senate Amendment Schedule “B” (LCO 8531) was rejected.

	N	1	JOHN W. FONFARA		N	19	EDITH G. PRAGUE
	N	2	ERIC D. COLEMAN		N	20	ANDREA STILLMAN
	N	3	GARY D. LEBEAU	Y		21	DAN DEBICELLA
	N	4	MARY ANN HANDLEY		N	22	BILL FINCH
	N	5	JONATHAN HARRIS		N	23	EDWIN A. GOMES
	N	6	DONALD J. DEFRONZO	Y		24	DAVID CAPPIELLO
Y		7	JOHN A. KISSEL		N	25	BOB DUFF
Y		8	THOMAS HERLIHY	Y		26	JUDITH G. FREEDMAN
	N	9	PAUL DOYLE		N	27	ANDREW J. MCDONALD
	N	10	TONI N. HARP	Y		28	JOHN MCKINNEY
	N	11	MARTIN M. LOONEY		N	29	DONALD E. WILLIAMS, JR.
Y		12	EDWARD MEYER	Y		30	ANDREW W. RORABACK
	N	13	THOMAS P. GAFFEY		N	31	THOMAS A. COLAPIETRO
	N	14	GAYLE SLOSSBERG	Y		32	LOUIS C. DELUCA
	N	15	JOAN V. HARTLEY		N	33	EILEEN M. DAILY
Y		16	SAM CALIGIURI	Y		34	LEONARD FASANO
	N	17	JOSEPH J. CRISCO, JR.	Y		35	ANTHONY GUGLIELMO
	N	18	ANDREW MAYNARD	Y		36	WILLIAM H. NICKERSON

Strike subdivision (2) of section 5 in its entirety and substitute the following in lieu thereof:

"[(b)] (2) "Redevelopment area" means an area within the state [which] that is deteriorated, deteriorating, substandard or detrimental to the safety, health, morals or welfare of the community. An area may consist partly or wholly of vacant or unimproved land or of land with structures and improvements thereon, and may include structures not in themselves substandard or insanitary which are found to be essential to complete an adequate unit of development, if the redevelopment area is deteriorated, deteriorating, substandard or detrimental to the safety, health, morals or welfare of the community. An area may include properties not contiguous to each other. An area may include all or part of the territorial limits of any fire district, sewer district, fire and sewer district, lighting district, village, beach or improvement association or any other district or association, wholly within a town and having the power to make appropriations or to levy taxes, whether or not such entity is chartered by the General Assembly. As used in this subdivision, "deteriorating" or "deteriorated" means that (A) a dwelling is unfit for human habitation because it is dilapidated, unsanitary, unsafe, vermin-infested or lacks facilities and equipment required by the municipal housing code; (B) a structure is a fire hazard or otherwise dangerous to the safety of people or property; (C) a structure is unfit for its intended use because of disconnected, destroyed, removed or ineffective utilities, plumbing, heating, sewerage or other facilities, (D) a vacant or unimproved lot or parcel is in a predominantly developed neighborhood that by neglect or lack of maintenance is a location where trash and debris accumulate or is a haven for rodents or vermin; or (E) a structure or vacant or unimproved lot has been deemed a public nuisance under any provision of the general statutes or local ordinance. "

Senator Fasano of the 34th offered Senate Amendment Schedule “C” (LCO 8538) and moved adoption.

Remarking were Senators McDonald of the 27th request the vote be taken by roll call and Roraback of the 30th.

On the roll call vote Senate Amendment Schedule “C” (LCO 8538) was rejected.

	N	1	JOHN W. FONFARA		N	19	EDITH G. PRAGUE
	N	2	ERIC D. COLEMAN		N	20	ANDREA STILLMAN
	N	3	GARY D. LEBEAU	Y		21	DAN DEBICELLA
	N	4	MARY ANN HANDLEY		N	22	BILL FINCH
	N	5	JONATHAN HARRIS		N	23	EDWIN A. GOMES
	N	6	DONALD J. DEFRONZO	Y		24	DAVID CAPPIELLO
Y		7	JOHN A. KISSEL		N	25	BOB DUFF
Y		8	THOMAS HERLIHY	Y		26	JUDITH G. FREEDMAN
	N	9	PAUL DOYLE		N	27	ANDREW J. MCDONALD
	N	10	TONI N. HARP	Y		28	JOHN MCKINNEY
	N	11	MARTIN M. LOONEY		N	29	DONALD E. WILLIAMS, JR.
	N	12	EDWARD MEYER	Y		30	ANDREW W. RORABACK
	N	13	THOMAS P. GAFFEY		N	31	THOMAS A. COLAPIETRO
	N	14	GAYLE SLOSSBERG	Y		32	LOUIS C. DELUCA
	N	15	JOAN V. HARTLEY		N	33	EILEEN M. DAILY
Y		16	SAM CALIGIURI	Y		34	LEONARD FASANO
	N	17	JOSEPH J. CRISCO, JR.	Y		35	ANTHONY GUGLIELMO
	N	18	ANDREW MAYNARD	Y		36	WILLIAM H. NICKERSON

Strike subsection (c) of section 6 in its entirety and substitute the following in lieu thereof:

"(c) (1) The approval of a redevelopment plan [may] shall be given by the legislative body. [or by such agency as it designates to act in its behalf. ] The plan shall be effective for a period of ten years after the date of approval and may be amended in accordance with this section. The legislative body shall review the plan at least once every ten years after the initial approval, and shall reapprove such plan or an amended plan at least once every ten years after the initial approval in accordance with this section in order for the plan or amended plan to remain in effect. With respect to a redevelopment plan for a project that is funded in whole or in part by federal funds, the provisions of this subdivision shall not apply to the extent that such provisions are prohibited by federal law.

(2) The redevelopment agency shall cause notice of the initial approval of any redevelopment plan to be published in a newspaper having general circulation in the municipality.

(3) Any owner of property located in the redevelopment area may appeal the findings of the redevelopment agency made pursuant to subdivision (6) of subsection (b) of this section. Such appeal shall be filed in the superior court for the judicial district in which the municipality is located. The appeal shall be commenced by service of process not more than fifteen days from the date that notice of the approval of the plan was published as required by this section. The appeal shall be returned to the court in the same manner and within the same period of time as prescribed for civil actions brought to that court. Upon an appeal taken under this section, the burden of proof shall be on the redevelopment agency to prove, by clear and convincing evidence and based upon the evidence in the record compiled before such agency, that the findings in the plan from which such appeal is taken and the reasons cited for such findings are supported by sufficient evidence on the record. If the redevelopment agency does not satisfy the burden of proof under this section, the court shall order the agency to wholly or partly revise, modify or remand the findings from which the appeal was taken in a manner consistent with the evidence in the record before it. "

Strike subsection (d) of section 3 in its entirety and substitute the following in lieu thereof:

"(d) (1) The implementing agency shall cause notice of the initial approval of the plan to be published in a newspaper having general circulation in the municipality.

(2) Any owner of property located in the project area may appeal the findings of the agency made pursuant to subdivision (14) of subsection (b) of this section. Such appeal shall be filed in the superior court for the judicial district in which the municipality is located. The appeal shall be commenced by service of process not more than fifteen days from the date that notice of the approval of the plan was published as required by this section. The appeal shall be returned to the court in the same manner and within the same period of time as prescribed for civil actions brought to that court. Upon an appeal taken under this section, the burden of proof shall be on the implementing agency to prove, by clear and convincing evidence and based upon the evidence in the record compiled before such agency, that the findings in the plan from which such appeal is taken and the reasons cited for such findings are supported by sufficient evidence in the record. If the implementing agency does not satisfy the burden of proof under this section, the court shall order the agency to wholly or partly revise, modify or remand the findings from which the appeal was taken in a manner consistent with the evidence in the record before it. "

Strike subsection (b) of section 10 in its entirety and substitute the following in lieu thereof:

"(b) (1) The approval of a development plan shall be given by the legislative body pursuant to section 8-191, as amended by this act.

(3) The development agency shall cause notice of the initial approval of the plan to be published in a newspaper having general circulation in the municipality.

(4) Any owner of property located in the project area may appeal the findings of the agency made pursuant to subdivision (14) of subsection (a) of this section. Such appeal shall be filed in the superior court for the judicial district in which the municipality is located. The appeal shall be commenced by service of process not more than fifteen days from the date that notice of the approval of the plan was published as required by this section. The appeal shall be returned to the court in the same manner and within the same period of time as prescribed for civil actions brought to that court. Upon an appeal taken under this section, the burden of proof shall be on the development agency to prove, by clear and convincing evidence and based upon the evidence in the record compiled before such agency, that the findings in the plan from which such appeal is taken and the reasons cited for such findings are supported by sufficient evidence in the record. If the development agency does not satisfy the burden of proof under this section, the court shall order the agency to wholly or partly revise, modify or remand the findings from which the appeal was taken in a manner consistent with the evidence in the record before it. "

Senator Fasano of the 34th offered Senate Amendment Schedule “D” (LCO 8544) and moved adoption.

Remarking were Senators McDonald of the 27th request the vote be taken by roll call and Kissel of the 7th.

On the roll call vote Senate Amendment Schedule “D” (LCO 8544) was rejected.

	N	1	JOHN W. FONFARA		N	19	EDITH G. PRAGUE
	N	2	ERIC D. COLEMAN		N	20	ANDREA STILLMAN
	N	3	GARY D. LEBEAU	Y		21	DAN DEBICELLA
	N	4	MARY ANN HANDLEY		N	22	BILL FINCH
	N	5	JONATHAN HARRIS		N	23	EDWIN A. GOMES
	N	6	DONALD J. DEFRONZO	Y		24	DAVID CAPPIELLO
Y		7	JOHN A. KISSEL		N	25	BOB DUFF
Y		8	THOMAS HERLIHY	Y		26	JUDITH G. FREEDMAN
	N	9	PAUL DOYLE		N	27	ANDREW J. MCDONALD
	N	10	TONI N. HARP	Y		28	JOHN MCKINNEY
	N	11	MARTIN M. LOONEY		N	29	DONALD E. WILLIAMS, JR.
Y		12	EDWARD MEYER	Y		30	ANDREW W. RORABACK
	N	13	THOMAS P. GAFFEY		N	31	THOMAS A. COLAPIETRO
	N	14	GAYLE SLOSSBERG	Y		32	LOUIS C. DELUCA
	N	15	JOAN V. HARTLEY		N	33	EILEEN M. DAILY
Y		16	SAM CALIGIURI	Y		34	LEONARD FASANO
	N	17	JOSEPH J. CRISCO, JR.	Y		35	ANTHONY GUGLIELMO
	N	18	ANDREW MAYNARD	Y		36	WILLIAM H. NICKERSON

Strike subdivision (4) of subsection (b) of section 1 in its entirety and substitute the following in lieu thereof:

"(4) The owner-occupant of property acquired by eminent domain under this section may file an application in the superior court for the judicial district in which the municipality is located to enjoin the acquisition of such property. In such action the burden of proof shall be on the municipality to prove, by clear and convincing evidence and based upon the evidence in the record, that the development agency or municipality complied with the requirements of this chapter. The court may issue such injunction if the court finds that the development agency or municipality failed to comply with the requirements of this chapter. The filing of an application to enjoin the acquisition of property by eminent domain, in a court of competent jurisdiction, shall toll the five-year period or ten-year period set forth in subparagraph (C) of subdivision (3) of this subsection with respect to such property until the date a final judgment is entered in any such action, or any appeal thereof, whichever date is later. "

Strike subdivision (4) of subsection (a) of section 2 in its entirety and substitute the following in lieu thereof:

"(4) The owner-occupant of property acquired by eminent domain under this section may file an application in the superior court for the judicial district in which the municipality is located to enjoin the acquisition of such property. In such action the burden of proof shall be on the municipality to prove, by clear and convincing evidence and based upon the evidence in the record, that the redevelopment agency or municipality complied with the requirements of this chapter. The court may issue such injunction if the court finds that the redevelopment agency failed to comply with the requirements of this chapter. The filing of an application to enjoin the acquisition of property by eminent domain, in a court of competent jurisdiction, shall toll the five-year period or ten-year period set forth in subparagraph (C) of subdivision (3) of this subsection with respect to such property until the date a final judgment is entered in any such action, or any appeal thereof, whichever date is later. "

Strike subdivision (4) of subsection (i) of section 3 in its entirety and substitute the following in lieu thereof:

"(4) The owner-occupant of property acquired by condemnation under this section may file an application in the superior court for the judicial district in which the municipality is located to enjoin the acquisition of such property. In such action the burden of proof shall be on the municipality to prove, by clear and convincing evidence and based upon the evidence in the record, that the implementing agency or municipality complied with the requirements of this section. The court may issue such injunction if the court finds that the implementing agency or municipality failed to comply with the requirements of this section. The filing of an application to enjoin the acquisition of property by condemnation, in a court of competent jurisdiction, shall toll the five-year period or ten-year period set forth in subparagraph (C) of subdivision (3) of this subsection with respect to such property until the date a final judgment is entered in any such action, or any appeal thereof, whichever date is later. "

Senator Fasano of the 34th offered Senate Amendment Schedule “E” (LCO 8501) and moved adoption.

Remarking were Senators Coleman of the 2nd and McDonald of the 27th request the vote be taken by roll call.

On the roll call vote Senate Amendment Schedule “E” (LCO 8501) was rejected.

	N	1	JOHN W. FONFARA		N	19	EDITH G. PRAGUE
	N	2	ERIC D. COLEMAN		N	20	ANDREA STILLMAN
	N	3	GARY D. LEBEAU	Y		21	DAN DEBICELLA
	N	4	MARY ANN HANDLEY		N	22	BILL FINCH
	N	5	JONATHAN HARRIS		N	23	EDWIN A. GOMES
	N	6	DONALD J. DEFRONZO	Y		24	DAVID CAPPIELLO
Y		7	JOHN A. KISSEL		N	25	BOB DUFF
Y		8	THOMAS HERLIHY	Y		26	JUDITH G. FREEDMAN
	N	9	PAUL DOYLE		N	27	ANDREW J. MCDONALD
	N	10	TONI N. HARP	Y		28	JOHN MCKINNEY
	N	11	MARTIN M. LOONEY		N	29	DONALD E. WILLIAMS, JR.
	N	12	EDWARD MEYER	Y		30	ANDREW W. RORABACK
	N	13	THOMAS P. GAFFEY		N	31	THOMAS A. COLAPIETRO
	N	14	GAYLE SLOSSBERG	Y		32	LOUIS C. DELUCA
	N	15	JOAN V. HARTLEY		N	33	EILEEN M. DAILY
Y		16	SAM CALIGIURI	Y		34	LEONARD FASANO
	N	17	JOSEPH J. CRISCO, JR.	Y		35	ANTHONY GUGLIELMO
	N	18	ANDREW MAYNARD	Y		36	WILLIAM H. NICKERSON

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

"Section 1. Subparagraph (A) of subdivision (3) of subsection (c) of section 7-148 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to property acquired on or after said date):

(3) (A) Take or acquire by gift, purchase, grant, including any grant from the United States or the state, bequest or devise and hold, condemn, lease, sell, manage, transfer, release and convey such real and personal property or interest therein absolutely or in trust as the purposes of the municipality or any public use or purpose, including that of education, art, ornament, health, charity or amusement, cemeteries, parks or gardens, or the erection or maintenance of statues, monuments, buildings or other structures [or the encouragement of private commercial development,] require. Any lease of real or personal property or any interest therein, either as lessee or lessor, may be for such term or any extensions thereof and upon such other terms and conditions as have been approved by the municipality, including without limitation the power to bind itself to appropriate funds as necessary to meet rent and other obligations as provided in any such lease.

Sec. 2. Section 8-125 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to property acquired on or after said date):

[(b)] (2) "Redevelopment area" means an area within the state which is deteriorated, deteriorating, substandard or detrimental to the safety, health, morals or welfare of the community. An area may consist partly or wholly of vacant or unimproved land or of land with structures and improvements thereon, and may include structures not in themselves substandard or insanitary which are found to be essential to complete an adequate unit of development, if the redevelopment area is deteriorated, deteriorating, substandard or detrimental. An area may include properties not contiguous to each other. An area may include all or part of the territorial limits of any fire district, sewer district, fire and sewer district, lighting district, village, beach or improvement association or any other district or association, wholly within a town and having the power to make appropriations or to levy taxes, whether or not such entity is chartered by the General Assembly. As used in this subdivision, "deteriorating" or "deteriorated" means (A) any dwelling that is unfit for human habitation because it is dilapidated, unsanitary, unsafe, vermin-infested or lacks facilities and equipment required by the municipal housing code; (B) a structure that is a fire hazard or otherwise dangerous to the safety of people or property; (C) a structure unfit for its intended use because of disconnected, destroyed, removed or ineffective utilities, plumbing, heating, sewerage, or other facilities; (D) a vacant or unimproved lot or parcel in a predominantly developed neighborhood that by neglect or lack of maintenance is a location where trash and debris accumulate or is a haven for rodents or vermin; or (E) a structure or vacant or unimproved lot that has been deemed a public nuisance under any provision of the general statutes or local ordinance;

[(c)] (3) A "redevelopment plan" [shall include: (1)] means a plan that includes: (A) (i) A description of the redevelopment area and the condition, type and use of the structures therein, (ii) identification of each parcel that is deteriorating or deteriorated and the reasons for such identification, and (iii) specification of each parcel proposed to be taken by eminent domain; [(2)] (B) the location and extent of the land uses proposed for and within the area, such as housing, recreation, business, industry, schools, civic activities, open spaces or other categories of public and private uses; [(3)] (C) the location and extent of streets and other public utilities, facilities and works within the area; [(4)] (D) schedules showing the number of families displaced by the proposed improvement, the method of temporary relocation of such families and the availability of sufficient suitable living accommodations at prices and rentals within the financial reach of such families and located within a reasonable distance of the area from which they are displaced; [(5)] (E) present and proposed zoning regulations in the redevelopment area; [(6)] and (F) any other detail including financial aspects of redevelopment which, in the judgment of the redevelopment agency authorized herein, is necessary to give it adequate information;

[(d)] (4) "Planning agency" means the existing city or town plan commission or, if such agency does not exist or is not created, the legislative body or agency designated by it;

[(e)] (5) "Redeveloper" means any individual, group of individuals or corporation or any municipality or other public agency including any housing authority established pursuant to chapter 128;

[(f)] (6) "Real property" means land, subterranean or subsurface rights, structures, any and all easements, air rights and franchises and every estate, right or interest therein.

Sec. 3. Section 8-127 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to property acquired on or after said date):

(a) The redevelopment agency may prepare, or cause to be prepared, a redevelopment plan and any redeveloper may submit a redevelopment plan to the redevelopment agency, and such agency shall immediately transmit such plan to the planning agency of the municipality for its study. The planning agency may make a comprehensive or general plan of the entire municipality as a guide in the more detailed and precise planning of redevelopment areas. Such plan and any modifications and extensions thereof shall show the location of proposed redevelopment areas and the general location and extent of use of land for housing, business, industry, communications and transportation, recreation, public buildings and such other public and private uses as are deemed by the planning agency essential to the purpose of redevelopment. Appropriations by the municipality of any amount necessary are authorized to enable the planning agency to make such comprehensive or general plan. The redevelopment agency shall request the written opinion of the planning agency on all redevelopment plans prior to approving such redevelopment plans. Such written opinion shall include a determination on the consistency of the plans with the plan of conservation and development of the municipality adopted under section 8-23. Before approving any redevelopment plan, the redevelopment agency shall hold a public hearing thereon, notice of which shall be published at least twice in a newspaper of general circulation in the municipality, the first publication of notice to be not less than two weeks before the date set for the hearing. At least thirty-five days prior to any public hearing the redevelopment agency shall post the draft plan on the Internet web site of the redevelopment agency, if any. The redevelopment agency may approve any such redevelopment plan if, following such hearing, it finds that: [(a)] (1) The area in which the proposed redevelopment is to be located is a redevelopment area; [(b)] (2) the carrying out of the redevelopment plan will result in materially improving conditions in such area; [(c)] (3) sufficient living accommodations are available within a reasonable distance of such area or are provided for in the redevelopment plan for families displaced by the proposed improvement, at prices or rentals within the financial reach of such families; [and (d)] (4) the redevelopment plan is satisfactory as to site planning, relation to the [comprehensive or general plan] plan of conservation and development of the municipality adopted under section 8-23 and, except when the redevelopment agency has prepared the redevelopment plan, the construction and financial ability of the redeveloper to carry it out; (5) the planning agency has made a finding that the redevelopment plan is consistent with the plan of conservation and development of the municipality adopted under section 8-23; and (6) (A) public benefits resulting from the redevelopment project will outweigh any private benefits; (B) existing use of the real property cannot be feasibly integrated into the overall development plan for the project; (C) acquisition by eminent domain is reasonably necessary to successfully achieve the objectives of such development plan; and (D) the redevelopment project will have public benefits that do not include consideration of the effects of the project on local tax revenues. No redevelopment plan for a project which consists predominantly of residential facilities shall be approved by the redevelopment agency in any municipality having a housing authority organized under the provisions of chapter 128 except with the approval of such housing authority. The approval of a redevelopment plan may be given by the legislative body. [or by such agency as it designates to act in its behalf. ] The redevelopment agency shall cause notice of the approval of the plan to be published in a newspaper having general circulation in the municipality. The plan shall be effective for a period of ten years after the date of adoption. Thereafter, it shall be reviewed by the redevelopment agency at least once every ten years and may be adopted again or amended in accordance with this section.

(b) Any owner of property located in the redevelopment area may appeal the findings of the agency under subdivision (6) of subsection (a) of this section to the superior court for the judicial district in which the municipality is located. The appeal shall be commenced by service of process not more than fifteen days from the date that notice of the approval of the plan was published as required by the this section. The appeal shall be returned to the court in the same manner and within the same period of time as prescribed for civil actions brought to that court. Upon an appeal taken under this section, the burden of proof shall be on the redevelopment agency to prove, by clear and convincing evidence and based upon the evidence in the record compiled before such agency, that the findings in the plan from which such appeal is taken and the reasons cited for such findings are supported by sufficient evidence in the record. If the redevelopment agency does not satisfy the burden of proof under this section, the court shall order the agency to wholly or partly revise, modify or remand the findings from which the appeal was taken in a manner consistent with the evidence in the record before it.

(c) Any property identified in the plan as property to be acquired by eminent domain must be so acquired by a date that is five years after the date of approval of the initial plan unless the redevelopment agency approves an extension of the time for acquisition. An extension shall be for a period of five years. No property may be acquired more than ten years after adoption of the initial plan.

Sec. 4. Section 8-128 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to property acquired on or after said date):

(a) (1) Within a reasonable time after its approval of the redevelopment plan as [hereinbefore] provided in section 8-127, as amended by this act, the redevelopment agency may proceed with the acquisition or rental of real property by purchase, lease, exchange or gift. The redevelopment agency may acquire real property by eminent domain. [with the approval of the legislative body of the municipality and in accordance with the provisions of sections 8-129 to 8-133, inclusive, and this section. The legislative body in its approval of a project under section 8-127 shall specify the time within which real property is to be acquired. The time for acquisition may be extended by the legislative body in accordance with section 48-6, upon request of the redevelopment agency, provided the owner of the real property consents to such request. ]

(2) No owner-occupied property may be acquired by eminent domain unless the redevelopment agency makes a finding that the redevelopment plan cannot be implemented without acquisition of such property by eminent domain. The redevelopment agency shall provide to the owner of the property proposed to be acquired a copy of all information, including engineering studies and surveys, architectural drawings and planning reports, considered by the agency in making its finding.

(3) The redevelopment agency shall conduct a public hearing on the proposed acquisition by eminent domain. The agency shall cause notice of the time, place and subject of the hearing to be published in a newspaper having a substantial circulation in the municipality not more than ten days before the date set for the hearing. Not less than ten days before the date of the hearing, the agency shall send, by first class mail, notice of the time, place and subject of the hearing to the owners of record of the real property and to all owners of real property within one hundred feet of the real property to be acquired by eminent domain.

(4) (A) No parcel of real property may be acquired by eminent domain under this section except upon approval by vote of at least two-thirds of the members of the legislative body of the redevelopment agency. Such approval shall be by (i) separate vote on each parcel of real property to be acquired, or (ii) a vote on one or more groups of such parcels, provided each parcel to be acquired is identified for the purposes of a vote on a group of such parcels under this subparagraph.

(B) The redevelopment agency shall cause notice of any approved acquisition under this subdivision to be published in a newspaper having a substantial circulation in the municipality not more than ten days after such approval.

(5) The owner-occupant of property acquired under this section may appeal the decision of the redevelopment agency to the superior court for the judicial district in which the municipality is located. The appeal shall be commenced by service of process not more than fifteen days from the date that notice of the approved acquisition was published under subparagraph (B) of this subsection. The appeal shall be returned to court in the same manner and within the same period of time as prescribed for civil actions brought to that court. Upon an appeal taken under this section, the burden of proof shall be on the redevelopment agency to prove, by clear and convincing evidence based on the record compiled before such agency, that the plan cannot be implemented without acquisition of the property by eminent domain and that acquisition of the property is consistent with the provisions of subdivision (6) of section 8-127, as amended by this act. If the redevelopment agency does not satisfy the burden of proof under this section, the court shall order the agency to reverse its decision.

(b) (1) On and after the effective date of this section, on the date a certificate of taking is filed pursuant to section 8-129, as amended by this act, for property acquired by eminent domain pursuant to this section, the redevelopment agency shall record with the certificate of taking separate findings that itemize the value of the real property and any structures or improvements on the real property so acquired.

(2) (A) If real property acquired on or after the effective date of this section is not used for the purpose for which it was acquired or for some other public use and is subsequently offered for sale, the real property shall be first offered for sale pursuant to subparagraph (B) of this subdivision to the person from whom the real property was acquired, or heirs of the person designated pursuant to subparagraph (B) of this subdivision, if any, for a price not greater than the value documented in the recorded findings, less (i) the value of any structures or improvements removed from the real property by the development agency or its designee after the real property was acquired as set forth in the recorded findings, (ii) the value of any improvements the agency made to the property, and (iii) the amount of any depreciation, as defined in section 45a-542z. After the municipality provides notice pursuant to subparagraph (B) of this subdivision, the municipality may not sell such property to a third party unless the municipality has permitted the person or named heirs six months during which to exercise the right to purchase the property, and an additional six months to finalize the purchase if the person or named heirs provide the municipality with notice of intent to purchase the property within the initial six-month period.

(B) For the purposes of any offer of sale pursuant to this subdivision, the municipality shall provide a form to any person whose property is acquired pursuant to this section to permit such person to provide an address for notice of sale to be sent, or to provide the name and address of an agent to receive such notice. Such form shall be designed to permit the person to designate heirs of the person who shall be eligible to purchase such property pursuant to this subdivision. The person or agent shall update information in the form in writing. If the person or agent does not provide or update the information in the form in a manner that permits the municipality to send notice of sale pursuant to this subsection, no such notice shall be required.

(c) Real property may be acquired previous to the adoption or approval of the project area redevelopment plan, provided the property acquired shall be located within an area designated on the general plan as an appropriate redevelopment area or within an area whose boundaries are defined by the planning commission as an appropriate area for a redevelopment project, and provided such acquisition shall be authorized by the legislative body. The redevelopment agency may clear, repair, operate or insure such property while it is in its possession or make site improvements essential to preparation for its use in accordance with the redevelopment plan.

Sec. 5. Section 8-129 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to property acquired on or after said date):

(2) The redevelopment agency shall pay the reasonable cost of two independent appraisals conducted on the real property. One of the appraisers shall be selected by the redevelopment agency and one shall be selected by the property owner. Each appraiser shall provide a copy of the appraisal to the redevelopment agency and the property owner. The Ombudsman for Property Rights shall select the appraisal to be used to determine the amount of compensation, which shall be the appraisal which is closest to the fair market value of the property. The amount of compensation shall be one hundred per cent of the fair market value, reduced by reasonably foreseeable environmental clean-up costs, and increased by reasonable attorney fees and costs, except that the amount of compensation for residential property or owner-occupied commercial property in substantial compliance with building and housing codes shall be one hundred twenty-five per cent of the fair market value. If acquisition of the property is more than five years after the date of adoption of the initial plan, such amount shall be increased by five per cent each year until ten years after the date of adoption of the initial plan. If there is an active business on the property, upon a finding by the Ombudsman for Property Rights that the good will of the business cannot be transferred, the amount of compensation shall be one hundred per cent of fair market value and shall be adjusted to reflect lost good will. The ombudsman shall determine and quantify the amount of such adjustment. The owner of the business may appeal the amount of the adjustment to the superior court for the judicial district in which such business is located. For purposes of this subsection, "good will" means the benefits that accrue to a business that are unique to its location. Each appraisal shall be conducted by a state certified real estate appraiser without consultation with the appraiser conducting the other independent appraisal, and shall be conducted in accordance with generally accepted standards of professional appraisal practice as described in the Uniform Standards of Professional Appraisal Practice issued by the Appraisal Standards Board of the Appraisal Foundation pursuant to Title XI of FIRREA and any regulations adopted pursuant to section 20-504.

Sec. 6. Section 8-132 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to property acquired on or after said date):

(a) Any person claiming to be aggrieved by the statement of compensation filed by the redevelopment agency may, at any time within six months after the [same] statement of compensation has been filed, apply to the superior court for the judicial district in which such property is situated for a review of such statement of compensation so far as [the same] it affects such applicant. The court, after causing notice of the pendency of such application to be given to the redevelopment agency, may, with the consent of the parties or their attorneys, appoint a judge trial referee to make a review of the statement of compensation, except that the court shall, upon the motion of each party or their attorneys, refer the application to a judge appointed by the Chief Court Administrator to hear tax appeals pursuant to section 12-39l. For the purposes of such application, review and appeal therefrom, and for the purposes of sections 52-192a to 52-195, inclusive, as amended by this act, such applicant shall be deemed a counterclaim plaintiff.

Sec. 7. Section 8-189 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The development agency may initiate a development project by preparing a project plan [therefor] in accordance with regulations [of] adopted by the commissioner pursuant to section 8-198. The project plan shall meet an identified public need and include: [(a)] (1) A legal description of the land within the project area; [(b)] (2) a description of the present condition and uses of such land or building; [(c)] (3) a description of the process utilized by the agency to prepare the plan and a description of alternative approaches considered to achieve project objectives; (4) a description of the types and locations of land uses or building uses proposed for the project area; [(d)] (5) a description of the types and locations of present and proposed streets, sidewalks and sanitary, utility and other facilities and the types and locations of other proposed site improvements; [(e)] (6) statements of the present and proposed zoning classification and subdivision status of the project area and the areas adjacent to the project area; [(f)] (7) a plan for relocating project-area occupants; [(g)] (8) a financing plan; [(h)] (9) an administrative plan; [(i)] (10) a marketability and proposed land-use study or building use study if required by the commissioner; [(j)] (11) appraisal reports and title searches; [(k) a statement of] (12) a description of the public benefits of the project including, but not limited to, (A) the number of jobs which the development agency anticipates would be created by the project; [and] (B) the estimated property tax benefits; (C) the number and types of existing housing units in the municipality in which the project would be located, and in contiguous municipalities, which would be available to employees filling such jobs; [and (l)] (D) a general description of infrastructure improvements, including public access, facilities or use, that the development agency anticipates may be needed to implement the development plan; (E) a general description of the development agency's goals for blight remediation or, if known, environmental remediation; (F) a general description of any aesthetic improvements that the development agency anticipates may be generated by the project; (G) a general description of the project's intended role in increasing or sustaining market value of land in the municipality; (H) a general description of the project's intended role in assisting residents of the municipality to improve their standard of living; and (I) a general statement of the project's role in maintaining or enhancing the competitiveness of the municipality; (13) findings that (A) the land and buildings within the project area will be used principally for industrial or business purposes; [that] (B) the plan is in accordance with the plan of development for the municipality adopted by its planning commission under section 8-23, and the plan of development of the regional planning agency adopted under section 8-35a, if any, for the region within which the municipality is located; [that] (C) the plan [is not inimical to any] was prepared giving due consideration to the state plan of conservation and development adopted under chapter 297 and any other state-wide planning program objectives of the state or state agencies as coordinated by the Secretary of the Office of Policy and Management; [that] and (D) the project will contribute to the economic welfare of the municipality and the state; and that to carry out and administer the project, public action under this chapter is required; and (14) a preliminary statement describing the proposed process for acquiring each parcel of real property, including findings that (A) public benefits resulting from the project will outweigh any private benefits; (B) existing use of the real property cannot be feasibly integrated into the overall development plan for the project; (C) acquisition by eminent domain is reasonably necessary to successfully achieve the objectives of such development plan; and (D) the project will have public benefits that do not include consideration of the project on local tax revenues. Any plan [which] that has been prepared by a redevelopment agency under chapter 130 may be submitted by the development agency to the legislative body and to the commissioner in lieu of a plan initiated and prepared in accordance with this section, provided all other requirements of this chapter for obtaining the approval of the commissioner of the project plan are satisfied.

(b) The development agency shall cause notice of the approval of the plan to be published in a newspaper having general circulation in the municipality. The plan shall be effective for a period of ten years after the date of adoption. Thereafter, it shall be reviewed by the redevelopment agency at least once every ten years and may be adopted again or amended in accordance with this section.

(c) Any owner of property located in the project area may appeal the findings of the agency under subdivision (14) of subsection (b) of this section to the superior court for the judicial district in which the municipality is located. The appeal shall be commenced by service of process not more than fifteen days from the date that notice of the approval of the plan was published as required by the general statutes. The appeal shall be returned to the court in the same manner and within the same period of time as prescribed for civil actions brought to that court. Upon an appeal taken under this section, the burden of proof shall be on the development agency to prove, by clear and convincing evidence and based upon the evidence in the record compiled before such agency, that the findings in the plan from which such appeal is taken and the reasons cited for such findings are supported by sufficient evidence in the record. If the development agency does not satisfy the burden of proof under this section, the court shall order the agency to wholly or partly revise, modify or remand the findings from which the appeal was taken in a manner consistent with the evidence in the record before it.

(d) Any property identified in the plan as property to be acquired by eminent domain must be so acquired by a date that is five years after the date of approval of the initial plan unless the legislative body of the municipality approves an extension of the time for acquisition. An extension shall be for a period of five years. No property may be acquired more than ten years after adoption of the initial plan.

Sec. 8. Section 8-191 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Before the development agency adopts a plan for a development project, (1) the planning commission of the municipality shall find that the plan is in accord with the plan of development for the municipality; and (2) the regional planning agency, if any, for the region within which such municipality is located shall find that such plan is in accord with the plan of development for such region, or if such agency fails to make a finding concerning [said] the plan within thirty-five days of receipt [thereof] of the plan by such agency, it shall be presumed that such agency does not disapprove of [such] the plan; and (3) the development agency shall hold at least one public hearing [thereon] on the plan. At least thirty-five days prior to any public hearing the development agency shall post the draft plan on the Internet web site of the development agency, if any. Upon approval by the development agency, the agency shall submit [such] the plan to the legislative body which shall vote to approve or disapprove the plan. After approval of the plan by the legislative body, the development agency shall submit the plan for approval to the commissioner. Notice of the time, place and subject of any public hearing held under this section shall be published once in a newspaper of general circulation in [such town] the municipality, such publication to be made not less than one week nor more than three weeks prior to the date set for the hearing. In the event the commissioner requires a substantial modification of the project plan before giving approval, then upon the completion of such modification such plan shall first have a public hearing and then be approved by the development agency and the legislative body. Any legislative body, agency or commission in approving a plan for a development project shall specifically approve the findings made [therein] in the plan.

Sec. 9. Section 8-193 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to property acquired on or after said date):

(b) The development agency may, with the approval of the legislative body, and in the name of the municipality, acquire by eminent domain real property located within the project area and real property and interests therein for rights-of-way and other easements to and from the project area, in the same manner that a redevelopment agency may acquire real property under sections 8-128 to 8-133, inclusive, as amended by this act, as if said sections specifically applied to development agencies.

(1) No owner-occupied property may be acquired by eminent domain unless the redevelopment agency submits information to the legislative body sufficient for such legislative body to determine by clear and convincing evidence that the redevelopment plan cannot be implemented without acquisition of the property by eminent domain. Such information shall include, but not be limited to, surveys, engineering studies, architectural drawing and planning reports. The redevelopment agency shall provide to the owner of the property a copy of all information submitted to the redevelopment agency.

(2) Before the legislative body approves any acquisition by eminent domain pursuant to this section, the legislative body shall conduct a public hearing on the acquisition. The municipality shall cause notice of the time, place and subject of the hearing to be published in a newspaper having a substantial circulation in the municipality not more than ten days before the date set for the hearing. Not less than ten days before the date of the hearing, the legislative body shall send, by first class mail, notice of the time, place and subject of the hearing to the owners of record of the real property and to all owners of real property within one hundred feet of the real property to be acquired by eminent domain.

(3) (A) No parcel of real property may be acquired by eminent domain under this section except upon approval by vote of at least two-thirds of the members of the legislative body of the municipality. Such approval shall be by (i) separate vote on each parcel of real property to be acquired, or (ii) a vote on one or more groups of such parcels, provided each parcel to be acquired is identified for the purposes of a vote on a group of such parcels under this subparagraph.

(B) The municipality shall cause notice of any approved acquisition under this subdivision to be published in a newspaper having a substantial circulation in the municipality not more than ten days after such approval.

(c) The development agency may, with the approval of the legislative body and, of the commissioner if any grants were made by the state under section 8-190 or 8-195 for such development project, and in the name of such municipality, transfer by sale or lease at fair market value or fair rental value, as the case may be, the whole or any part of the real property in the project area to any person, in accordance with the project plan and such disposition plans as may have been determined by the commissioner.

[(b)] (d) A development agency shall have all the powers necessary or convenient to undertake and carry out development plans and development projects, including the power to clear, demolish, repair, rehabilitate, operate, or insure real property while it is in its possession, to make site improvements essential to the preparation of land for its use in accordance with the development plan, to install, construct or reconstruct streets, utilities and other improvements necessary for carrying out the objectives of the development project, and, in distressed municipalities, as defined in section 32-9p, to lend funds to businesses and industries in a manner approved by the commissioner.

(e) (1) On and after the effective date of this section, on the date a certificate of taking is filed pursuant to section 8-129, as amended by this act, for property acquired by eminent domain pursuant to this section, the development agency shall record with the certificate of taking separate findings that itemize the value of the real property and any structures or improvements on the real property so acquired.

(2) (A) If real property acquired on or after the effective date of this section is not used for the purpose for which it was acquired or for some other public use and is subsequently offered for sale, the real property shall be first offered for sale pursuant to subparagraph (B) of this subdivision to the person from whom the real property was acquired, or heirs of the person designated pursuant to subparagraph (B) of this subdivision, if any, for a price not greater than the amount of compensation paid for such real property, after any appeal or settlement, less (i) the value of any structures or improvements removed from the real property by the development agency or its designee after the real property was acquired as set forth in the recorded findings, (ii) the value of any improvements the agency made to the property, and (iii) the amount of any depreciation, as defined in section 45a-542z. After the municipality provides notice pursuant to subparagraph (B) of this subdivision, the municipality may not sell such property to a third party unless the municipality has permitted the person or named heirs six months to exercise the right to purchase the property, and an additional six months to finalize the purchase if the person or named heirs provide the municipality with notice of intent to purchase the property within the initial six-month period.

(f) The owner-occupant of property acquired under this section may appeal the decision of the development agency to the superior court for the judicial district in which the municipality is located. The appeal shall be commenced by service of process not more than fifteen days from the date that notice of the approved acquisition was published under subparagraph (B) of subdivision (4) of subsection (a) of section 8-128, as amended by this act. The appeal shall be returned to court in the same manner and within the same period of time as prescribed for civil actions brought to that court. Upon an appeal taken under this section, the burden of proof shall be on the development agency to prove, by clear and convincing evidence based the record compiled before such agency, that acquisition of the property is consistent with the provisions of subdivision (14) of section 8-189, as amended by this act. If the development agency does not satisfy the burden of proof under this section, the court shall order the agency to reverse its decision.

Sec. 10. Section 8-200 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to property acquired on or after said date):

Sec. 11. Section 8-268 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to property acquired on or after said date):


This act shall take effect as follows and shall amend the following sections:
Section 1	from passage	14-1(a)(13)
Sec. 2	from passage	14-1(a)(24)
Sec. 3	from passage	14-1(a)(50)
Sec. 4	from passage	14-65i(a)
Sec. 5	from passage	14-289j(f)
Sec. 6	October 1, 2007	14-10(e)
Sec. 7	October 1, 2007	14-36g(a)
Sec. 8	October 1, 2007	14-289a
Sec. 9	October 1, 2007	14-44e(b)
Sec. 10	October 1, 2007	14-103a
Sec. 11	October 1, 2007	14-163d
Sec. 12	October 1, 2007	14-261a
Sec. 13	October 1, 2007	New section
Sec. 14	October 1, 2007	15-148
Sec. 15	October 1, 2007	14-12h
Sec. 16	October 1, 2007	14-44i
Sec. 17	October 1, 2007	22a-201
Sec. 18	October 1, 2007	New section
Sec. 19	October 1, 2007	14-36d
Sec. 20	October 1, 2007	14-36(c)
Sec. 21	October 1, 2007	14-66(a)
Sec. 22	October 1, 2007	14-36(h)
Sec. 23	October 1, 2007	14-215(c)
Sec. 24	from passage	New section
Sec. 25	July 1, 2007	14-80i(b)
Sec. 26	July 1, 2007	14-300(c)
Sec. 27	from passage	New section
Sec. 28	July 1, 2007	14-49
Sec. 29	July 1, 2007	New section
Sec. 30	July 1, 2007	14-284
Sec. 31	October 1, 2007	14-150(g)
Sec. 32	July 1, 2007	14-41
Sec. 33	July 1, 2007	14-44k(b)
Sec. 34	July 1, 2007	14-222a
Sec. 35	July 1, 2007	14-164c(c)
Sec. 36	October 1, 2007	14-10(f)(2)
Sec. 37	July 1, 2007	14-36a
Sec. 38	July 1, 2007	14-1
Sec. 39	October 1, 2007	New section
Sec. 40	October 1, 2007	14-215(b)(2)
Sec. 41	October 1, 2007	14-111(k)(2)
Sec. 42	July 1, 2007	54-56g(f)
Sec. 43	July 1, 2007	14-103a
Sec. 44	October 1, 2007	51-164n(b)
Sec. 45	October 1, 2007	14-41a(b)
Sec. 46	from passage	New section
Sec. 47	July 1, 2007	14-44(a)
Sec. 48	from passage	New section
Sec. 49	from passage	30-89
Sec. 50	from passage	14-111e(a)


This act shall take effect as follows and shall amend the following sections:
Section 1	upon the enactment of this Compact by the state of New York	New section


This act shall take effect as follows and shall amend the following sections:
Section 1	from passage	46a-68(b)


This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2007, and applicable to assessment years commencing on or after October 1, 2007	New section


This act shall take effect as follows and shall amend the following sections:
Section 1	from passage and applicable to property acquired on or after said date	8-193
Sec. 2	from passage and applicable to property acquired on or after said date	New section
Sec. 3	from passage and applicable to property acquired on or after said date, and applicable to development plans adopted on or after said date	32-224
Sec. 4	from passage and applicable to property acquired on or after said date	7-148(c)(3)(A)
Sec. 5	October 1, 2007, and applicable to redevelopment plans adopted on or after said date	8-125
Sec. 6	October 1, 2007, and applicable to redevelopment plans adopted on or after said date	8-127
Sec. 7	from passage and applicable to property acquired on or after said date	8-128
Sec. 8	from passage and applicable to property acquired on or after said date	8-129
Sec. 9	from passage and applicable to property acquired on or after said date	8-132
Sec. 10	October 1, 2007, and applicable to development plans adopted on or after said date	8-189
Sec. 11	October 1, 2007, and applicable to development plans adopted on or after said date	8-191
Sec. 12	from passage and applicable to property acquired on or after said date	8-200
Sec. 13	October 1, 2007, and applicable to property acquired on or after said date	8-268
Sec. 14	October 1, 2007, and applicable to property acquired on or after said date	8-269
Sec. 15	October 1, 2007, and applicable to property acquired on or after said date	8-270
Sec. 16	from passage and applicable to applications filed on or after said date	52-192a
Sec. 17	from passage	New section
Sec. 18	from passage and applicable to property acquired on or after said date	8-273a
Sec. 19	from passage and applicable to property acquired on or after said date	4b-3(f)
Sec. 20	from passage and applicable to property acquired on or after said date	48-6
Sec. 21	October 1, 2007	8-191a
Sec. 22	from passage	48-56