House Bill No. 6001

June Special Session, Public Act No. 00-1

An Act Implementing And Making Technical Revisions To The State Budget For The Biennium Ending June 30, 2001.

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

Section 1. The sum of $900,000 appropriated to the Office of Policy and Management in section 1 of special act 99-10, for Other Expenses, shall be transferred to the Department of Public Safety, for Personal Services, for a trooper class.

Sec. 2. Subsection (e) of section 46 of special act 99-10 is amended to read as follows:

(e) The appropriation to the Office of Policy and Management in section 48 of [this act] special act 99-10, for Litigation Settlement Costs, and in section 35 of special act 00-13, for Litigation/Settlement, may be transferred by said office to state agencies requiring funds for [such purpose] litigation costs or litigation settlement costs.

Sec. 3. Subsection (c) of section 48 of special act 99-10 is amended to read as follows:

(c) The funds appropriated to the Office of Policy and Management in this section, for Litigation Settlement Costs, shall [not] be expended for [any other purpose] litigation costs or litigation settlement costs.

Sec. 4. The sum of $400,000 appropriated to the Department of Information Technology in subsection (a) of section 43 of special act 99-10, for Year 2000 Conversion, shall be transferred to the Labor Department for expenditure for the purposes of Title I of the Workforce Investment Act. Such funds shall not lapse on June 30, 2000, and shall continue to be available for expenditure for such purpose during the fiscal year ending June 30, 2001.

Sec. 5. The sum of $1,020,000 appropriated to the Department of Information Technology in subsection (a) of section 43 of special act 99-10, for Year 2000 Conversion, shall be transferred to County Sheriffs, for Special Deputy Sheriffs, for costs associated with the twenty-seventh payroll.

Sec. 6. The sum of $225,000 appropriated to the Department of Public Health in section 1 of special act 99-10, for Other Expenses, shall be transferred to the Department of Education, for Early Reading Success, for a language arts program in Plainville. Such funds shall not lapse on June 30, 2000, and shall continue to be available for expenditure for such purpose during the fiscal year ending June 30, 2001.

Sec. 7. The sum of $70,000 appropriated to the Department of Environmental Protection in section 1 of special act 99-10, for Other Expenses, shall be used by said department as follows: (1) $20,000 shall be used for a grant to Plainville High School, for the Environmental Club, (2) $25,000 shall be used for a grant to Bristol Central High School, for the Environmental Club, and (3) $25,000 shall be used for a grant to the town of Manchester for Northwest Park improvements. Such funds shall not lapse on June 30, 2000, and shall continue to be available for expenditure for such purposes during the fiscal year ending June 30, 2001.

Sec. 8. (a) The sums of (1) $92,000 appropriated to the Department of Education, for Personal Services, (2) $68,000 appropriated to the Department of Social Services, for Other Expenses, and (3) $5,000 appropriated to the Department of Environmental Protection, for Other Expenses, in section 1 of special act 99-10, shall be transferred to the Office of Policy and Management and shall be used by said office as follows: (A) $115,000 shall be used for a grant to the Spanish American Merchants Association, in Hartford, for operating expenses, and (B) $50,000 shall be used for a grant to the Southwestern Sickle Cell Association, Inc., for operating expenses. Such funds shall not lapse on June 30, 2000, and shall continue to be available for expenditure for such purpose during the fiscal year ending June 30, 2001.

(b) The sum of $10,000 appropriated to the Department of Education, in section 1 of special act 99-10, for Personal Services, shall be transferred to the Department of Agriculture for the Connecticut Seafood Advisory Council. Such funds shall not lapse on June 30, 2000, and shall continue to be available for expenditure for such purpose during the fiscal year ending June 30, 2001.

Sec. 9. The unexpended balance of the funds transferred from the Department of Public Health to the Labor Department, for Opportunity Industrial Centers, shall not lapse on June 30, 2000, and shall continue to be available for expenditure for such purpose during the fiscal year ending June 30, 2001.

Sec. 10. The sum of $75,000 appropriated to the Department of Children and Families in section 1 of special act 99-10, for Personal Services, shall be transferred to the Department of Correction, for Other Expenses, for the Prisoner Mentor program. Such funds shall not lapse on June 30, 2000, and shall continue to be available for expenditure for such purpose during the fiscal year ending June 30, 2001.

Sec. 11. (a) The sum of $100,000 appropriated to the Department of Social Services in section 1 of special act 99-10, for Other Expenses, shall be transferred to the Department of Environmental Protection, for the demolition and rehabilitation of the Gold Feder Factory site. Such funds shall not lapse on June 30, 2000, and shall continue to be available for expenditure for such purpose during the fiscal year ending June 30, 2001.

(b) The sum of $25,000 appropriated to the Department of Social Services in section 1 of special act 99-10, for Other Expenses, for the Connecticut Legal Immigrant and Refugee Coalition, shall not lapse on June 30, 2000, and such funds shall continue to be available for expenditure and shall be used for the purpose of customized citizenship training for immigrants during the fiscal year ending June 30, 2001.

Sec. 12. Subsection (b) of section 12-19a of the general statutes, as amended by section 11 of public act 99-1 of the June special session, is repealed and the following is substituted in lieu thereof:

(b) As used in this section "total tax levied" means the total real property tax levy in such town for the fiscal year preceding the fiscal year in which a grant in lieu of taxes under this section is made, reduced by the Secretary of the Office of Policy and Management in an amount equal to all reimbursements certified as payable to such town by the secretary for real property exemptions and credits on the taxable grand list or rate bill of such town for the assessment year that corresponds to that for which the assessed valuation of the state-owned land and buildings has been provided. For purposes of this section and section 12-19b, any real property which is owned by the John Dempsey Hospital Finance Corporation established pursuant to the provisions of sections 10a-250 to 10a-263, inclusive, or by one or more subsidiary corporations established pursuant to subdivision (13) of section 10a-254 and which is free from taxation pursuant to the provisions of subdivision (13) of section 10a-254 and section 10a-259 shall be deemed to be state-owned real property. As used in this section and section 12-19b, "town" includes borough.

Sec. 13. The unexpended balance of the funds transferred to the Other Expenses account in the Office of Policy and Management pursuant to section 13 of public act 00-192 shall not lapse on June 30, 2000, and such funds shall continue to be available for expenditure for such purpose during the fiscal year ending June 30, 2001.

Sec. 14. Section 11 of public act 00-216 is repealed and the following is substituted in lieu thereof:

(a) There is established an Advisory Commission on Multicultural Health. The mission of the advisory commission shall be the elimination of disparities in health status among the state's cultural and ethnic communities and the overall improvement of the health of state residents. The advisory commission shall consist of:

(1) One member appointed by the president pro tempore of the Senate, who shall be a member of [the Black and Puerto Rican Caucus of the General Assembly] an affiliate of the National Urban League, Inc.;

(2) One member appointed by the speaker of the House of Representatives, who shall be a representative of the National Association for the Advancement of Colored People;

(3) One member appointed by the majority leader of the House of Representatives, who shall be a member of the Black and Puerto Rican Caucus of the General Assembly;

[(3)] (4) One member appointed by the minority leader of the Senate, who shall be a representative of an advocacy group for Native Americans;

[(4)] (5) One member appointed by the minority leader of the House of Representatives, who shall be a representative of an advocacy group for Asian-Americans;

[(5)] (6) One member appointed by the [Governor] majority leader of the Senate, who shall be a representative of an advocacy group for Hispanics;

[(6)] (7) The chairperson of the Connecticut African-American Affairs Commission;

[(7)] (8) The chairperson of the Latino and Puerto Rican Affairs Commission;

[(8)] (9) The chairperson of the Statewide Multicultural Health Steering Committee;

[(9)] (10) The chairperson of the Permanent Commission on the Status of Women, or the chairperson's designee; and

[(10)] (11) Eight members of the public, representing diverse multicultural and multiethnic backgrounds, two of whom shall be appointed by the president pro tempore of the Senate, two of whom shall be appointed by the speaker of the House of Representatives, two of whom shall be appointed by the minority leader of the Senate, and two of whom shall be appointed by the minority leader of the House of Representatives.

(b) All initial appointments to the advisory commission shall be made not later than November 1, 2000. The term of each appointed member of the advisory commission shall be coterminous with the term of the appointing authority or until a successor is chosen, whichever is later. During the period commencing on the date that all initial appointments to the advisory commission are made and ending on October 31, 2001, the chairperson of the Statewide Multicultural Health Steering Committee shall serve as chairperson of the advisory commission. On and after November 1, 2001, the Commissioner of Public Health shall appoint a chairperson of the advisory commission.

(c) The advisory commission shall meet quarterly and shall: (1) Advise the Commissioner of Public Health and the director of the Office of Multicultural Health within the Department of Public Health concerning the preparation and implementation of reports and strategic plans and the coordination of issues and policies related to the functions of the Office of Multicultural Health under section 19a-4j of the general statutes; (2) advise the Commissioner of Public Health on the development of a multicultural health promotion plan and monitor the implementation of such plan; and (3) make recommendations to the commissioner and the joint standing committee of the General Assembly having cognizance of matters relating to public health concerning multicultural health issues, policies and programs.

(d) The Office of Multicultural Health within the Department of Public Health shall provide support to the advisory commission within available appropriations.

Sec. 15. Notwithstanding the provisions of sections 12-110 to 12-112, inclusive, of the general statutes, as amended, and section 12-117 of the general statutes, as amended, the actions of the Board of Assessment Appeals of the city of Stamford with respect to the assessment lists for the assessment year commencing October 1, 1999, and such lists and the abstracts related thereto, are hereby validated, provided said determinations and notifications of the Board of Assessment Appeals are completed not later than June 19, 2000, notwithstanding the failure of said board to complete its duties in the time required by said sections, and shall not, because of such failure, be adjudged void or defective and said assessment lists and abstracts and actions of the Board of Assessment Appeals are hereby ratified and made binding upon said city and any taxes which are imposed with respect to said assessment lists and abstracts may be levied and collected in accordance with law.

Sec. 16. Section 48 of public act 00-192 is repealed and the following is substituted in lieu thereof:

The $6,000,000 appropriated to the Office of Policy and Management in section 35 of special act 00-13 for Arts Grants shall be distributed as follows: (1) Hartford's Mark Twain Days, Inc. $300,000, (2) Washington Indian Museum $400,000, (3) Westport Country Playhouse $400,000, (4) Norwalk Maritime Museum $700,000, (5) Mattatuck Museum $55,000, (6) Colebrook Historic Town Hall $500,000, (7) Dudley Farm Foundation $25,000, (8) Basic Cultural Resources Grant in the State Library $100,000, (9) Office of Policy and Management for the development and distribution of a CD Rom on Civics and the Connecticut State Legislative process $75,000, (10) Hamden Arts Council and Center $500,000, (11) Sterling Opera House $200,000, (12) Stamford Cultural Development Center $225,000, (13) Park Road Playhouse, Inc. $100,000, (14) Downtown Cabaret Theater of Bridgeport $100,000, (15) Antiquarian and Landmark Society/Butler-McCook Homestead $100,000, (16) East Hartford Fine Arts Commission $100,000, (17) Almira Stephan Memorial Playhouse $50,000, (18) [Theater of Northeastern Connecticut] Putnam Board of Education $95,000, (19) Ansonia Nature Center Regional Arts Program $100,000, (20) City of Danbury $30,000, (21) City of Danbury Palace Theater $250,000, (22) Bristol/School Industry Partnership and Bristol Padaeia $225,000, (23) Arts of Tolland, Inc. $25,000, (24) New Britain Museum of American Art $600,000, (25) Town of Rocky Hill-construct public fountain, $50,000, (26) CT Outdoor Historic Drama $75,000, (27) Town of Newington, Budney Museum and Visitors Cultural Center $50,000, (28) CT Consortium for Law and Citizenship Education, Inc. $25,000, (29) Colchester Arts Commission $50,000, (30) Town of Ellington Arts Commission $75,000, (31) Town of Plainville, Library Sculpture for Outdoor Reading $50,000, (32) Spirit of Broadway Theater-Norwich $50,000, (33) Montville Town Hall Renovation Committee-Historic Preservation $25,000, (34) Town of Portland-Historical Quarry and Commercial Park $50,000, (35) Windsor Locks Historical Society $50,000, (36) Vernon Arts Commission $50,000, (37) Town of Guilford Parks and Recreation Committee for Cultural and Arts 2000 Celebration Committee $45,000, and (38) Greater New Britain Arts [Association] Alliance $100,000.

Sec. 17. Section 17 of public act 00-168 is amended to read as follows:

Notwithstanding a certain restriction contained in a Quit Claim Deed from the State of Connecticut, Department of Transportation to the Town of Vernon, dated April 19, 1985, and recorded in the Town of Vernon Land Records in volume 550, page [342] 243, that the parcels of land described in said deed shall be used for "Highway Purposes Only", said restriction may be released, relinquished and have no further force and effect, the Town of Vernon may convey said parcels free of said restriction and the parcels may be used for other than highway purposes.

Sec. 18. Section 41 of public act 00-187 is repealed and the following is substituted in lieu thereof:

(a) The Department of Education shall administer, within available appropriations, a program to assist local and regional school districts to improve the use of information technology in their schools. Under the program, the department shall provide grants to local and regional boards of education and may provide other forms of assistance such as the provision of purchasing under state-wide contracts with the Department of Information Technology. Grant funds may be used for: (1) Wiring and connectivity, (2) the purchase or leasing of computers, and (3) interactive software and the purchase and installation of software filters.

(b) Local and regional boards of education shall apply to the department for grants at such time and in such manner as the Commissioner of Education prescribes. In order to be eligible for a grant, a local or regional board of education shall: (1) Have a technology plan that was developed or updated during the two-year period preceding the date of application for grant funds and, once the Commission for Educational Technology develops the long-range plan required pursuant to subdivision (5) of subsection (c) of section 33 of [this act] public act 00-187, the local technology plan shall be consistent with such long-range plan, (2) provide that each school and superintendent's office be able to communicate with the Department of Education using the Internet, (3) present evidence that it has applied or will apply for a grant from the federal Universal Service Fund, and (4) submit a plan for the expenditure of grant funds in accordance with subsection (c) of this section.

(c) The plan for the expenditure of grant funds shall: (1) Establish clear goals and a strategy for using telecommunications and information technology to improve education, (2) include a professional development strategy to ensure that teachers know how to use the new technologies to improve education, (3) include an assessment of the telecommunication services, hardware, software and other services that will be needed to improve education, (4) provide for a sufficient budget to acquire and maintain the hardware, software, professional development and other services that will be needed to implement the strategy for improved education, (5) include an evaluation process that enables the school to monitor progress towards the specified goals and make adjustments in response to new developments and opportunities as they arise. The plan developed pursuant to this subsection shall be submitted to the department with the grant application.

(d) (1) Each school district shall be eligible to receive a minimum grant under the program in the amount of ten thousand dollars and such minimum grant may be increased for certain school districts pursuant to subdivision (4) of this subsection. (2) The department shall use (A) one hundred thousand dollars of the amount appropriated for purposes of this section for the vocational-technical schools for wiring and other technology initiatives at such schools, and (B) fifty thousand dollars of the amount appropriated for purposes of this section for technology grants to state charter schools. The amount of the grant each state charter school receives shall be based on the number of students enrolled in the school. (3) The department may retain up to one per cent of the amount appropriated for purposes of this section for coordination, program evaluation and administration. (4) Any remaining appropriated funds shall be used to increase the grants to (A) priority school districts pursuant to section 10-266p of the general statutes, as amended, (B) transitional school districts pursuant to section 10-263c of the general statutes, as amended, and (C) school districts in towns ranked from one to eighty-five, inclusive, when all towns are ranked in [descending] ascending order from one to one hundred sixty-nine based on town wealth, as defined in section 10-262f of the general statutes, as amended. Each such school district shall receive an amount based on the ratio of the number of resident students, as defined in said section 10-262f, in such school district to the total number of resident students in all such school districts.

(e) Each school district that participates in an interdistrict magnet school or in an endowed academy shall provide funds from the grant it receives pursuant to this section to such interdistrict magnet school or endowed academy in an amount equal to the per student amount of such grant multiplied by the number of students from such district enrolled in the interdistrict magnet school or endowed academy.

(f) Any unexpended funds appropriated for purposes of this section shall not lapse at the end of the fiscal year but shall be available for expenditure during the next fiscal year.

(g) No funds received pursuant to this section shall be used to supplant federal, state or local funding to the local or regional board of education for technology.

(h) Expenditure reports shall be filed with the Department of Education as requested by the commissioner. School districts shall refund (1) any unexpended amounts at the close of the program for which the grant was awarded, and (2) any amounts not expended in accordance with the approved grant application.

Sec. 19. Notwithstanding the provisions of subsection (d) of section 30-91 of the general statutes, the sale or dispensing of alcoholic liquor in places operating under package store permits, drug store permits or grocery store permits shall be lawful on Sunday, December 24, 2000, and Sunday, December 31, 2000.

Sec. 20. Subsections (b) and (c) of section 1-210 of the general statutes, as amended by section 3 of public act 00-69, are repealed and the following is substituted in lieu thereof:

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

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

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

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

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

(5) Trade secrets, which for purposes of the Freedom of Information Act, are defined as unpatented, secret, commercially valuable plans, appliances, formulas or processes, which are used for the making, preparing, compounding, treating or processing of articles or materials which are trade commodities obtained from a person and which are recognized by law as confidential, and commercial or financial information given in confidence, not required by statute;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(19) Records, the disclosure of which the Commissioner of Public Works or, in the case of records concerning Judicial Department facilities, the Chief Court Administrator, has reasonable grounds to believe may result in a safety risk, including the risk of harm to any person, any state-owned or leased institution or facility or any fixture or appurtenance and equipment attached to, or contained in, such institution or facility. Such records shall include, but are not limited to:

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

(B) Engineering and architectural drawings of state-owned or leased institutions or facilities;

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

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

(E) Internal security audits of state-owned or leased institutions or facilities;

(F) Minutes or recordings of meetings of the Department of Public Works or the Judicial Department, or portions of such minutes or recordings, that contain or reveal information relating to security or other records otherwise exempt from disclosure under this subdivision; and

(G) Logs or other documents that contain information on the movement or assignment of security personnel at state-owned or leased institutions or facilities.

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

Sec. 21. Section 37 of public act 00-187, as amended by section 45 of public act 00-192, is amended to read as follows:

Two per cent of the amount appropriated to the Department of Information Technology for Connecticut Education Technology Initiatives in section 35 of special act 00-13, shall be used by the department for purposes of subsection (b) of section 33 of [this act] public act 00-187 and for section [3 of this act] 36 of public act 00-187.

Sec. 22. Subsection (d) of section 35 of public act 99-241, as amended by section 12 of public act 00-140, is repealed and the following is substituted in lieu thereof:

[(d) The secretary may purchase any real property and take a deed thereof in the name of the state when such real property is needed, in the secretary's opinion, in connection with the construction of the convention center, the related parking facilities, the on-site related private development or related site preparation and infrastructure improvements, provided any purchase price for any of such real property in an amount in excess of the sum of fifteen thousand dollars shall be approved by a state referee. The secretary, with the advice and consent of the Attorney General, may settle and compromise any claim by any person, claiming to be aggrieved by such construction, by the payment of money or the transfer of other real property available for such purpose.]

(d) The assessment of such damages or such benefits may, and any reassessment thereof by the trial referee shall, take into account any evidence of environmental condition and required environmental remediation.

Sec. 23. Section 9 of public act 00-203 is repealed and the following is substituted in lieu thereof:

(a) On or before [April 1, 2001] October 1, 2000, the Commissioner of Agriculture shall prepare a list of agricultural land whose development rights have been offered to the state under section 22-26gg of the general statutes and for which there is a written agreement for a purchase price. [Purchase of development rights pursuant to said section 22-26gg shall be made from agricultural land appearing on the list. The list shall be revised every six months.] The commissioner shall prepare a supplemental list on or before October 1, 2001.

(b) The list and [revisions to such] supplemental list shall be submitted to the secretary of the State Bond Commission [and considered] for consideration by the commission in authorizing bonds pursuant to section 22-26hh of the general statutes, as amended by section 10 of [this act] public act 00-203 and this act.

Sec. 24. Section 22-26hh of the general statutes, as amended by section 10 of public act 00-203, is repealed and the following is substituted in lieu thereof:

[(a)] The State Bond Commission shall have power, from time to time, to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate eighty-three million seven hundred fifty thousand dollars, the proceeds of which shall be used by the Commissioner of Agriculture for the purposes of this chapter, provided not more than two million dollars shall be used for the purposes of section 22-26jj. All provisions of section 3-20, or the exercise of any right or power granted thereby which are not inconsistent with the provisions of this section are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section, and temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of said bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization, which is signed by or on behalf of the Secretary of the Office of Policy and Management and states such terms and conditions as said commission, in its discretion, may require. Said bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the Treasurer shall pay such principal and interest as the same become due.

[(b) To the extent there is a balance of bonds authorized but not allocated by the State Bond Commission on or after July 1, 2000, pursuant to subsection (a) of this section for the purposes of this chapter, the State Bond Commission shall authorize the issuance of such balance for the purposes of said chapter.]

Sec. 25. Subsection (d) of section 7-34a of the general statutes, as amended by section 1 of public act 00-146, is repealed and the following is substituted in lieu thereof:

(d) In addition to the fees for recording a document under subsection (a) of this section, town clerks shall receive a fee of three dollars for each document recorded in the land records of the municipality. Not later than the fifteenth day of each month, town clerks shall remit two-thirds of the fees paid pursuant to this subsection during the previous calendar month to the State Treasurer for deposit in the historic documents preservation account established under section 2 of [this act] public act 00-146. One-third of the amount paid for fees pursuant to this subsection shall be retained by town clerks and used for the preservation and management of historic documents. The provisions of this subsection shall not apply to any document recorded on the land records by an employee of the state or of a municipality in conjunction with said employee's official duties. As used in this section "municipality" includes each town, consolidated town and city, city, consolidated town and borough, borough, district, as defined in chapter 105 or chapter 105a, and each municipal board, commission and taxing district not previously mentioned.

Sec. 26. Subdivision (36) of section 12-81 of the general statutes is repealed and the following is substituted in lieu thereof:

(36) Fishing apparatus [actually used in the main business of] belonging to any person or company to the value of five hundred dollars, providing such apparatus was purchased for use in the main business of such person or company at the time of purchase.

Sec. 27. Subdivisions (31) and (32) of section 12-407 of the general statutes, as amended by section 10 of public act 99-173, section 10 of public act 99-285, and section 73 of public act 00-174, are repealed and the following is substituted in lieu thereof:

(31) "Canned or prewritten software" means all software, other than custom software, that is held or existing for general or repeated sale, license or lease. [, even if the program was] Software initially developed as custom software for in-house use and subsequently sold, licensed or leased to unrelated third parties shall be considered canned or prewritten software.

(32) "Custom software" means a computer program prepared to the special order of a single customer. [The combining of two or more prewritten programs or modification of prewritten software to accommodate the individual hardware requirements of a customer does not constitute custom software.]

Sec. 28. Section 23 of public act 00-216 is amended to read as follows:

Notwithstanding the provisions of subsection (a) of section 20-195dd of the general statutes, as amended, an applicant for a license as a professional counselor may, in lieu of the requirements for completion of graduate semester hours at a regionally accredited institution of higher education or the earning of a degree from a regionally accredited institution of higher education, or both, as set forth in subdivision (1) of subsection (a) of section 20-195dd of the general statutes, as amended, submit evidence satisfactory to the commissioner of: (1) [Having satisfied the graduate semester hour requirements or degree requirements, or both, as set forth in said subdivision, at an institution of higher education other than a regionally accredited institution of higher education; and (2)] Earning a master's degree in sociology prior to 1971; (2) passing the National Counselor Examination (NCE) prior to July 1, 1999; and (3) continuous employment as a supervisor of psychologists, social workers, counselors or similar professionals for a minimum of fifteen years [within a five-year period] immediately preceding such application. The commissioner shall accept the requirements of this subsection in lieu of the applicable requirements of subsection (a) of section 20-195dd of the general statutes, as amended, provided the provisions of this subsection shall not apply after the date that is thirty days after the effective date of this section.

Sec. 29. Subsection (c) of section 46a-52 of the general statutes is repealed and the following is substituted in lieu thereof:

(c) On or before July 15, 1989, the commission shall appoint an executive director who shall be the chief executive officer of the Commission on Human Rights and Opportunities to serve for a term expiring on July 14, 1990. Upon the expiration of such term and thereafter, the executive director shall be appointed for a term of four years. The executive director shall be supervised and annually evaluated by the commission. The executive director shall serve at the pleasure of the commission but no longer than four years from July fifteenth in the year of his or her appointment unless reappointed pursuant to the provisions of this subsection. The executive director shall receive an annual salary within the salary range of a salary group established by the Commissioner of Administrative Services for the position. The executive director (1) shall conduct comprehensive planning with respect to the functions of the commission; (2) shall coordinate the activities of the commission; (3) shall cause the administrative organization of the commission to be examined with a view to promoting economy and efficiency. In accordance with established procedures, the executive director may enter into such contractual agreements as may be necessary for the discharge of the director's duties.

Sec. 30. Funds appropriated to the Labor Department in section 11 of special act 99-10, as amended by section 1 of special act 00-13, for Food Stamp Training Expenses, may be used for administrative purposes.

Sec. 31. Subsection (n) of section 22a-174 of the general statutes is repealed and the following is substituted in lieu thereof:

(n) The commissioner shall not issue a permit for an asphalt batch plant or continuous mix facility under the provisions of this section until July 1, [2000] 2001. The provisions of this section shall apply to any application pending on May 5, 1998. Nothing in this section shall apply to applications for upgrading, consolidating or otherwise altering the physical plant of an existing facility with a permit to operate provided such upgrade, consolidation or alteration results in reduced emissions of air pollutants.

Sec. 32. Subsection (c) of section 10-16n of the general statutes is repealed and the following is substituted in lieu thereof:

(c) There is established a committee to advise the Commissioner of Education concerning the coordination, priorities for allocation and distribution, and utilization of funds for Head Start and concerning the competitive grant program established under this section, and to evaluate programs funded pursuant to this section. The committee shall consist of twelve members as follows: One member designated by the Commissioner of Social Services; six members who are directors of Head Start programs, two from community action agency program sites or school readiness coordinators, one of whom shall be appointed by the president pro tempore of the Senate and one by the speaker of the House of Representatives, two from school program sites, one of whom shall be appointed by the majority leader of the Senate and one by the majority leader of the House of Representatives, and two from other nonprofit agency program sites, one of whom shall be appointed by the minority leader of the Senate and one by the minority leader of the House of Representatives; one member designated by the Commission on Children; one member designated by the Early Childhood Education Council; one member designated by the Head Start Directors Association who shall be the parent of a present or former Head Start student; one member designated by the Connecticut Association for Community Action who shall have expertise and experience concerning Head Start; and one member designated by the Office of Human Development Services, Office of Community Programs, Region 1 of the federal Department of Health and Human Services.

Sec. 33. (NEW) The Chief Court Administrator shall develop a system to accurately assess the risk that an individual under the supervision of an adult probation officer has to the community and shall develop classification categories and standards of monitoring for such individuals based upon the assessment. The purpose of the classification system shall be to ensure close supervision and restriction, public safety, effective alternatives to incarceration and maximum rehabilitation of persons placed in the community under the supervision of an adult probation officer.

Sec. 34. (NEW) Prior to the arraignment of a person charged solely with the commission of a misdemeanor, the Department of Mental Health and Addiction Services shall, to the maximum extent possible within the limits of available appropriations, with the consent of the arrested person, cause a clinical assessment to be performed of any person who has previously received mental health services or treatment for substance abuse from the department or who would reasonably benefit from such services to determine whether such person should be referred for community-based mental health services. If the person is determined to be in need of such services and is willing to accept the services offered, the court shall be informed of the result of the assessment and the recommended treatment plan for consideration by the court in the disposition of the criminal case.

Sec. 35. (NEW) Any contract entered into between the Commissioner of Correction and a provider operating a halfway house, group home, mental health facility or other community residence to which the commissioner may release inmates, shall specify whether such provider refuses to accept certain inmates and, if so, shall specify the types of inmates such provider refuses to accept.

Sec. 36. The Department of Correction shall enter into a contract for the fiscal year ending June 30, 2001, for the continuation of independent ombudsman services for the department.

Sec. 37. (NEW) The organized militia or National Guard is deemed to be a law enforcement agency solely for the purpose of participation in any federal asset forfeiture or military surplus programs.

Sec. 38. Subsection (a) of section 31-277 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Each commissioner shall, during his first year of service as a commissioner, receive an annual salary of six thousand dollars less than the highest step level of a Superior Court judge; during his second year of service as a commissioner, each commissioner shall receive an annual salary of five thousand dollars less than the highest step level of a Superior Court judge; during his third year of service as a commissioner, he shall receive an annual salary of four thousand dollars less than the highest step level of a Superior Court judge; during his fourth year of service as a commissioner, he shall receive an annual salary of three thousand dollars less than the highest step level of a Superior Court judge; during his fifth year of service as a commissioner, he shall receive an annual salary of two thousand dollars less than the highest step level of a Superior Court judge; and during his sixth year of service as a commissioner, he shall receive an annual salary of one thousand dollars less than the highest step level of a Superior Court judge, together with his necessary clerical, office and travel expenses as approved by the Comptroller; and the chairman of the Workers' Compensation Commission shall receive in addition [one] ten thousand dollars annually. Each commissioner shall devote his entire time to the duties of his office and shall not be otherwise gainfully employed.

Sec. 39. (NEW) The Northeast Correctional Institution, Mansfield, shall be named the Donald T. Bergin Correctional Institution.

Sec. 40. The appropriation to the Department of Correction in section 11 of special act 99-10, as amended by section 1 of special act 00-13, for Overcrowding Contingency Account, shall be expended as follows: (1) The sum of $1,570,240 shall be transferred to the Department of Mental Health and Addiction Services for Managed Service System, to implement the provisions of section 34 of this act; (2) the sum of $1,000,000 shall be transferred to the Community Residential Services account to expand current treatment programs; (3) the sum of $100,000 shall be transferred to the Judicial Department, for additional probation officers, as follows: (A) $24,905 for Personal Services; (B) $42,223 for Other Expenses; and (C) $32,872 for Equipment; and (4) the balance may be used by the commissioner, at said commissioner's discretion, to provide additional community service slots.

Sec. 41. The sum of $275,000 appropriated to the Judicial Department in section 11 of special act 99-10, as amended by section 1 of special act 00-13, for the Alternative Incarceration Program, shall be transferred to Personal Services for additional probation officers.

Sec. 42. (a) The sum of $6,000,000 appropriated to the Department of Correction, for Personal Services, in section 1 of special act 99-10, shall be transferred to Inmate Medical Services.

(b) The sum of $1,500,000 appropriated to Unemployment Compensation, and the sum of $1,600,000 appropriated to Retired State Employees Health Service cost in section 1 of special act 99-10, shall be transferred to the Department of Social Services, for Medicaid.

(c) The sum of $900,000 appropriated to the Department of Public Health for Personal Services, in section 1 of special act 99-10, shall be transferred to the Department of Social Services, for Medicaid.

Sec. 43. Public act 00-178 shall take effect July 1, 2000.

Sec. 44. Section 15 of public act 00-92 shall take effect from its passage.

Sec. 45. Section 59 of special act 99-10, section 41 of public act 99-2 of the June special session and section 3 of public act 00-188 are repealed.

Sec. 46. This act shall take effect from its passage, except that sections 14, 18, 25 and 30, sections 33 to 41, inclusive, and section 43 shall take effect July 1, 2000, section 12 shall be applicable to grants in lieu of taxes otherwise due for assessment years commencing on and after October 1, 2000, section 26 shall be applicable to assessment years commencing on or after October 1, 2000, and section 27 shall be applicable to all open tax periods.