Senate Bill No. 3004
Senate Bill No. 3004
June 18 Special Session, PUBLIC ACT NO. 97-11
AN ACT CONCERNING COMPUTERIZED INFORMATION
SHARING, THE MASHANTUCKET PEQUOT AND MOHEGAN FUND,
EARLY RETIREMENT, SCHOOL CONSTRUCTION, STATE
BUILDINGS, NURSING HOMES, EXECUTIVE AND
LEGISLATIVE COUNCILS, COMMISSIONS AND TASK FORCES,
APPROPRIATIONS FOR THE FISCAL YEARS ENDING JUNE
30, 1997, 1998 AND 1999, SPRING AND WELL WATER
COLLECTION, PROJECT CONCERN, NOTICE REQUIREMENTS
FOR PSYCHIATRIC ADMISSIONS, THE TAX ON NET DIRECT
SUBSCRIBER CHARGES OF HEALTH CARE CENTERS,
ELIMINATION OF CERTAIN WAGE INEQUITIES, SHERIFFS'
FEES AND EXPENSES OF THE CONNECTICUT SITING
COUNCIL.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 17b-6 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) There shall be a regional administrator
who shall be in unclassified service for each of
the regions established pursuant to subsection (b)
of this section, to oversee and coordinate
programs and services within the region.
(b) The Commissioners of Social Services and
Public Health, AND THE SECRETARY OF THE OFFICE OF
POLICY AND MANAGEMENT, ON BEHALF OF OTHER STATE
AGENCIES, shall ensure that the following
intra-agency and interagency goals are addressed
and met: (1) The establishment by the Office of
Policy and Management pursuant to section 16a-4a
of not more than six uniform regional service
delivery areas to be developed in consideration of
(A) geographical size; (B) general population
distribution; (C) agency target population and
caseload; (D) location of department facilities;
(E) the accessibility of transportation for
clients to service delivery offices and for
workers to clients and (F) any federal
requirements; (2) the coordination by the Office
of Policy and Management pursuant to section
16a-4a of the regional service delivery areas of
other state agencies which provide services
closely linked with health and human services
programs with the regional service delivery areas
developed pursuant to subdivision (1) of this
subsection; (3) the decentralization of the
service delivery operations of each agency to
provide as much autonomy as possible to each
regional office enabling the office to respond
effectively to the particular service needs of the
region; (4) coordinated control and direction for
programs to ensure consistency and uniformity
among the regions in the development and provision
of services; (5) the development of a strategic
planning unit in the office of each commissioner
to centralize policy development and planning
within the agency and promote interagency
coordination of health and human services planning
and policy development; (6) development of a
common intake process for entry into the health
and human services system for information and
referral, screening, eligibility determinations
and service delivery; (7) the creation of a single
application form for client intake and eligibility
determinations with a common client identifier;
(8) development of a commonly-linked computerized
management information system with the capacity to
track clients and determine eligibility across
programs; (9) the coordination of current advisory
boards and councils to provide input and expertise
from consumers, advocates and other interested
parties to the commissioners; and (10) the
encouragement of collaborations that will foster
the development and maintain the client-focused
structure of the health and human services system,
as well as involve partnerships between clients
and their service providers.
(c) NOTWITHSTANDING ANY PROVISION OF THE
GENERAL STATUTES, ANY AGENCY PARTICIPATING IN THE
COMMONLY-LINKED COMPUTERIZED MANAGEMENT
INFORMATION SYSTEM DEVELOPED PURSUANT TO
SUBDIVISION (8) OF SUBSECTION (b) OF THIS SECTION
SHALL PROVIDE THE NAME, ADDRESS, DATE OF BIRTH AND
SOCIAL SECURITY ACCOUNT NUMBERS OF THE AGENCY'S
CLIENTS TO ANY AGENCY USING SAID SYSTEM. SUCH
INFORMATION SHALL ONLY BE UTILIZED BY AGENCIES
PARTICIPATING IN THE SYSTEM FOR ACCOMPLISHING THE
GOALS SET FORTH IN SUBDIVISIONS (6) AND (8) OF
SUBSECTION (b) OF THIS SECTION. THE INFORMATION
SUPPLIED BY THE AGENCIES UNDER THIS SUBSECTION
SHALL NOT BE SUBJECT TO DISCLOSURE UNDER SECTIONS
1-15, 1-18a, 1-19 AND 1-19a.
Sec. 2. Subsection (h) of section 3-55j of the
general statutes, as amended by section 2 of
public act 97-274, is repealed and the following
is substituted in lieu thereof:
(h) The municipalities of Ledyard, North
Stonington and Preston shall each receive a grant
of [twenty-five thousand] ONE HUNDRED SEVENTY-FIVE
THOUSAND DOLLARS AND THE MUNICIPALITY OF MONTVILLE
SHALL RECEIVE A GRANT OF ONE HUNDRED FIFTY
THOUSAND dollars which shall be paid from the
Mashantucket Pequot and Mohegan Fund established
by section 3-55i, as amended by section 1 of [this
act] PUBLIC ACT 97-274, and which shall be in
addition to the grants paid to said municipalities
pursuant to subsections (a) to (g), inclusive, of
this section.
Sec. 3. Notwithstanding the provisions of
section 81 of special act 97-21, the provisions of
said section shall apply to any employee of E. O.
Smith School who is a member of the state
employees retirement system, and any employee of a
state-aided institution who is a member of said
system, and who otherwise meets the eligibility
requirements for the early retirement incentive
program established pursuant to said section 81.
Sec. 4. The sum of $5,200,000 is appropriated
to the Department of Social Services, from the
General Fund, for the fiscal year ending June 30,
1997, for General Assistance Managed Care. Such
funds shall not lapse on June 30, 1997, and shall
continue to be available for expenditure for such
purpose during the fiscal year ending June 30,
1998.
Sec. 5. The sum of $9,112,794 is appropriated
to The University of Connecticut, from the General
Fund, for the fiscal year ending June 30, 1997,
for the Endowment Matching Grant. Such funds shall
not lapse on June 30, 1997, and shall continue to
be available for expenditure for such purpose
during the fiscal year ending June 30, 1998.
Sec. 6. The sum of $40,000,000 is appropriated
to the State Treasurer, from the General Fund, for
the fiscal year ending June 30, 1997. Such funds
shall not lapse on June 30, 1997, and shall be
available for expenditure during the fiscal years
ending June 30, 1998, and June 30, 1999, as
follows: The sum of $20,000,000 of such amount
shall be applied to the fiscal year ending June
30, 1998, for debt service and the sum of
$20,000,000 of such amount shall be applied to the
fiscal year ending June 30, 1999, for debt
service.
Sec. 7. The sum of $4,000,000 is appropriated
to the Treasurer, from the General Fund, for the
fiscal year ending June 30, 1997, for advances
pursuant to section 40 of this act, for payment of
principal and interest on nursing home bonds
issued by the Connecticut Health and Educational
Facilities Authority and secured by a special
capital reserve fund. Such funds shall not lapse
on June 30, 1997, and shall continue to be
available for expenditure for such purpose during
the fiscal years ending June 30, 1998, and June
30, 1999.
Sec. 8. The sum of $51,448,000 is appropriated
to the Reserve for Salary Adjustments account,
from the General Fund, for the fiscal year ending
June 30, 1997. Such funds shall not lapse on June
30, 1997, and shall continue to be available for
expenditure during the fiscal year ending June 30,
1998.
Sec. 9. The sum of $5,183,000 is appropriated
to the Reserve for Salary Adjustments account,
from the Transportation Fund, for the fiscal year
ending June 30, 1997. Such funds shall not lapse
on June 30, 1997, and shall continue to be
available for expenditure during the fiscal year
ending June 30, 1998.
Sec. 10. The sum of $9,000,000 is appropriated
to the State Employees Health Service Cost
account, from the General Fund, for the fiscal
year ending June 30, 1997, for M.D. Health Plan.
Such funds shall not lapse on June 30, 1997, and
shall continue to be available for expenditure for
such purpose during the fiscal years ending June
30, 1998, and June 30, 1999. Payment of such funds
shall not be made until the completion of an audit
which determines the amount owed by the state to
M.D. Health Plan.
Sec. 11. The Office of the State Comptroller
may expend up to $250,000 from the State Employees
Retirement Fund to implement the early retirement
incentive program.
Sec. 12. The sum of $70,000 of the amount
appropriated to the Office of Policy and
Management in section 1 of special act 97-21 for
the Contingency Reserve Account, shall be
transferred to Legislative Management, for the
Institute for Municipal Studies.
Sec. 13. The sum of $50,000 of the amount
appropriated to the Office of Policy and
Management in section 1 of special act 97-21 for
the Contingency Reserve Account, shall be
transferred to the State Library, for Basic
Cultural Resources Grant.
Sec. 14. Notwithstanding the provisions of
section 10-283 of the general statutes or any
regulation adopted by the State Board of Education
requiring that the scope of a school building
project be set at the time of application for a
school building project grant, the town of
Coventry may expand the scope of the extension and
alteration project at Coventry Jr./Sr. High School
(Project Number 032-048) to include additional
square footage and site acquisition.
Sec. 15. The sum of $300,000 of the amount
appropriated to the Department of Education, for
the fiscal year ending June 30, 1999, for OPEN
Choice Program, shall be transferred to Regional
Education Service Centers.
Sec. 16. Section 74 of special act 97-21 is
amended to read as follows:
Notwithstanding the provisions of sections 1,
11, 24, 25 and 26 of [this act] SPECIAL ACT 97-21,
the appropriation to the Connecticut State
University System of $107,352,895 in Fiscal Year
1997-98 and $108,969,239 in Fiscal Year 1998-99
shall be the allotment for each such fiscal year,
provided that in the event of an early retirement
incentive program the Secretary of the Office of
Policy and Management may secure in Fiscal Year
1997-98 total savings $1,322,322 with an allotment
reduction of not more than [$1,075,233] $1,150,233
and the balance through fringe benefit savings,
and may secure in Fiscal Year 1998-99 total
savings of $1,577,902 with an allotment reduction
of not more than $1,283,056 and the balance
through fringe benefit savings. ACCRUAL PAYMENTS,
INCLUDING THE FACULTY CONTRACT ADJUSTMENT,
RESULTING FROM THE EARLY RETIREMENT INCENTIVE
PROGRAM SHALL BE FUNDED BY THE OFFICE OF POLICY
AND MANAGEMENT.
Sec. 17. Section 75 of special act 97-21 is
amended to read as follows:
Notwithstanding the provisions of sections 1,
11, 24, 25 and 26 of [this act] SPECIAL ACT 97-21,
the appropriation to the Regional
Community-Technical College System of
[$93,020,751] $94,161,210 in Fiscal Year 1997-98
and [$93,954,201] $95,073,643 in Fiscal Year
1998-99 shall be the allotment for each such
fiscal year, provided that in the event of an
early retirement incentive program the Secretary
of the Office of Policy and Management may secure
in Fiscal Year 1997-98 total savings $1,402,536
with an allotment reduction of not more than
[$1,140,459] $1,176,716 and the balance through
fringe benefit savings, and may secure in Fiscal
Year 1998-99 total savings of $1,376,690 with an
allotment reduction of not more than $1,119,442
and the balance through fringe benefit savings.
ACCRUAL PAYMENTS, INCLUDING THE FACULTY CONTRACT
ADJUSTMENT, RESULTING FROM THE EARLY RETIREMENT
INCENTIVE PROGRAM SHALL BE FUNDED BY THE OFFICE OF
POLICY AND MANAGEMENT.
Sec. 18. Notwithstanding the provisions of
section 81 of special act 97-21, at the state's
option, the effective date of any retirement
pursuant to said section may be deferred on a case
by case basis to not later than August 1, 1998,
for members employed by the Auditors of Public
Accounts. Requests to defer retirement shall be
made in writing to the member with copies to the
appropriate bargaining unit representative. If the
state requests a member employed by the Auditors
of Public Accounts to stay beyond August 1, 1997,
and the employee refuses to do so, he shall
continue to be eligible for the ERIP.
Sec. 19. (a) Notwithstanding any provision of
the general statutes to the contrary, the
Commissioner of Environmental Protection shall
convey to the town of Franklin, subject to the
approval of the State Properties Review Board and
at a cost equal to the administrative costs of
making such conveyance, a parcel of land located
in the Franklin wildlife management area and the
structure known as the "Franklin House" which is
located on said parcel. The Commissioner of
Environmental Protection shall determine the
boundaries of said parcel of land, which shall
abut Route 32, have an area of approximately one
acre and contain no structures other than the
Franklin House.
(b) Said parcel of land shall be conveyed
subject to the condition that the town of Franklin
grants to the Commissioner of Environmental
Protection access to the well located on said
parcel of land.
(c) The town of Franklin shall use said parcel
of land for museum purposes. If the town of
Franklin (1) does not use said parcel for said
purposes, (2) does not retain ownership of all of
said parcel or (3) leases all or any portion of
said parcel, the parcel shall revert to the state
of Connecticut.
(d) The State Properties Review Board shall
complete its review of the conveyance of said
parcel of land not later than thirty days after it
receives a proposed agreement from the Department
of Environmental Protection. The land shall remain
under the care and control of said department
until a conveyance is made in accordance with the
provisions of this section. The State Treasurer
shall execute and deliver any deed or instrument
necessary for a conveyance under this section,
which deed or instrument shall include provisions
to carry out the purposes of subsection (c) of
this section, and the Commissioner of
Environmental Protection shall have the sole
responsibility for all other incidents of such
conveyance.
Sec. 20. Notwithstanding the provisions of
section 10-158a and chapter 173 of the general
statutes or any regulations adopted by the State
Board of Education, none of the boards of
education participating in the Hartford and East
of the River Magnet Middle Schools Committee shall
be required to obtain any approval from their
respective local legislative bodies to file or
cause to be filed on their behalf an application
for a school construction grant or to expend any
funds received or otherwise available pursuant to
such grant or any other state, federal or other
public or private grant.
Sec. 21. (NEW) (a) There is established the
Connecticut Food Policy Council which shall be
within the Department of Agriculture.
(b) The council shall consist of the following
members: (1) One appointed by the majority leader
of the Senate who shall be involved in agriculture
or in an agriculture organization; (2) one
appointed by the president pro tempore of the
Senate who shall be involved in an anti-hunger
organization; (3) one appointed by the minority
leader of the Senate, who shall represent the
Cooperative Extension Service; (4) one appointed
by the minority leader of the House of
Representatives who shall be a food retailer; (5)
one appointed by the speaker of the House of
Representatives who shall be involved in
agriculture or in an agriculture organization; (6)
one appointed by the majority leader of the House
of Representatives who shall be a produce
wholesaler; (7) the Commissioner of Agriculture,
or his designee; (8) the Commissioner of
Administrative Services, or his designee; (9) the
Commissioner of Education, or his designee; (10)
the Commissioner of Transportation, or his
designee; (11) the Commissioner of Public Health,
or his designee; (12) the Commissioner of Social
Services or his designee; (13) the head of each
state department, as defined in section 4-5 of the
general statutes, who is not one of the
commissioners designated in subdivisions (7) to
(12), inclusive, of this subsection who shall be
members ex officio without the right to vote; and
(14) the chairman of the joint standing committee
of the General Assembly having cognizance of
matters relating to the environment who shall be a
member ex officio without the right to vote. The
council shall elect a chairperson and a
vice-chairperson from among its members. Any
person absent from (A) three consecutive meetings
of the commission or (B) fifty per cent of such
meetings during any calendar year shall be deemed
to have resigned from the council, effective
immediately. Vacancies on the council shall be
filled by the appointing authority. Members of the
council serve without compensation but shall,
within the limits of available funds, be
reimbursed for expenses necessarily incurred in
the performance of their duties. The council shall
meet as often as deemed necessary by the
chairperson or a majority of the council.
(c) The council shall: (1) Develop, coordinate
and implement a food system policy linking local
economic development, environmental protection and
preservation with farming and urban issues; (2)
review and comment on any proposed state
legislation and regulations that would affect the
food policy system of the state; (3) advise and
provide information to the Governor on the state's
food policy; and (4) prepare and submit to the
joint standing committee of the General Assembly
having cognizance of matters relating to the
environment an annual report concerning its
activities with any appropriate recommendations
concerning food policy.
(d) The council may use such funds as may be
available from federal, state or other sources and
may enter into contracts to carry out the purposes
of this section.
(e) The council may, subject to the provisions
of chapter 67 of the general statutes, employ any
necessary staff within available appropriations.
Sec. 22. Subsection (c) of section 2c-2b of
the general statutes is amended by adding
subdivision (13) as follows:
(NEW) (13) Connecticut Food Policy Council,
established under section 21 of this act.
Sec. 23. Section 3 of public act 97-145 is
repealed and the following is substituted in lieu
thereof:
There is established a Connecticut Seafood
Advisory Council to assist in the promotion of
Connecticut seafood products and examine market
opportunities. [Said ] THE advisory council shall
consist of two finfish, shellfish or lobster
harvesters or representatives of harvester
organizations appointed one each by the Speaker
and majority leader of the House of
Representatives, two finfish, shellfish or lobster
processors or representatives of processor
organizations appointed one each by the minority
leaders of the Senate and House of
Representatives, one retailer serving restaurants
or representing a restaurant organization
appointed by the President Pro Tempore of the
Senate, one member at-large appointed by the
majority leader of the Senate, and four nonvoting
members one of whom shall represent the Department
of Environmental Protection, one the Department of
Economic and Community Development and one the
Department of Agriculture and one the Sea Grant
Program at The University of Connecticut. THE
ADVISORY COUNCIL SHALL BE WITHIN THE DEPARTMENT OF
AGRICULTURE.
Sec. 24. (NEW) (a) There is established an
African-American Affairs Commission. The
commission shall consist of thirteen members,
appointed as follows: (1) Three by the Governor,
one of whom shall serve for a term of one year
from the effective date of this act and have
expertise in the field of education, one of whom
shall serve for a term of two years from the
effective date of this act and have expertise in
the field of human services, and one of whom shall
serve for a term of three years from the effective
date of this act and have expertise in the fields
of small business and economic development, and
each of whom thereafter shall serve for terms of
three years from October first in the year of
their appointment and have expertise in the field
of the member's predecessor; (2) two by the
president pro tempore of the Senate, one of whom
shall have expertise in the field of children and
youth development and one of whom shall have
expertise in the field of health; (3) one by the
majority leader of the Senate, who shall be a
member of the public; (4) two by the minority
leader of the Senate, one of whom shall have
expertise in the field of environment and one of
whom shall have expertise in the field of arts and
culture; (5) two by the speaker of the House of
Representatives, one of whom shall have expertise
in the field of housing and one of whom shall have
expertise in the field of public safety; (6) one
by the majority leader of the House of
Representatives, who shall be a member of the
public; and (7) two by the minority leader of the
House of Representatives, one of whom shall have
expertise in the field of transportation and one
of whom shall be a member of the public. All
members appointed under this subsection shall have
experience in the field of African-American
affairs. All members appointed under subdivision
(2), (3), (4), (5), (6) or (7) of this subsection
shall serve for terms of two years from October
first in the year of their appointment. The
commission shall elect a chairperson and a
vice-chairperson from among its members. Any
person absent from (A) three consecutive meetings
of the commission or (B) fifty per cent of such
meetings during any calendar year shall be deemed
to have resigned from the commission, effective
immediately. Vacancies on the commission shall be
filled by the appointing authority. Members of the
commission shall serve without compensation but
shall, within the limits of available funds, be
reimbursed for expenses necessarily incurred in
the performance of their duties. The commission
shall meet as often as deemed necessary by the
chairperson or a majority of the commission.
(b) The commission shall:
(1) Review and comment on any proposed state
legislation and regulations that would affect the
African-American population in the state;
(2) Advise and provide information to the
Governor on the state's policies concerning the
African-American communities;
(3) Advise the Governor concerning the
coordination and administration of state programs
serving the African-American population;
(4) Maintain a liaison between the
African-American communities and governmental
entities;
(5) Encourage African-American representation
at all levels of state government, including state
boards and commissions;
(6) Secure appropriate recognition of the
accomplishments and contributions of the
African-American population of the state; and
(7) Prepare and submit to the Governor an
annual report concerning its activities with any
appropriate recommendations concerning the
African-American population of the state.
(c) The commission may use such funds as may
be available from federal, state or other sources
and may enter into contracts to carry out the
purposes of this section.
(d) The commission may, subject to the
provisions of chapter 67 of the general statutes,
employ any necessary staff within available
appropriations.
(e) The commission shall be part of the
legislative department.
Sec. 25. Subsection (a) of section 2 of public
act 97-259 is repealed and the following is
substituted in lieu thereof:
(a) As used in this section, sections 1 to 4,
inclusive, of [this act] PUBLIC ACT 97-259 and
section 17b-749a of the general statutes, as
amended by section 5 of [this act] PUBLIC ACT
97-259:
(1) "School readiness program" means a
nonsectarian program that (A) meets the standards
set by the department pursuant to subsection (b)
of this section and the requirements of section 3
of [this act] PUBLIC ACT 97-259, and (B) provides
a developmentally appropriate learning experience
of not less than four hundred fifty hours and one
hundred eighty days for eligible children;
(2) "Eligible children" means children three
and four years of age and children five years of
age who are not eligible to enroll in school
pursuant to section 10-15c of the general
statutes, provided no child shall participate in a
school readiness program for more than two years;
(3) "Priority school" means a school in which
forty per cent or more of the LUNCHES SERVED ARE
SERVED TO students WHO are eligible for free or
reduced price lunches pursuant to federal law and
regulations, excluding such a school located in a
priority school district pursuant to section
10-266p of the general statutes;
(4) "SEVERE NEED SCHOOL" MEANS A SCHOOL IN A
PRIORITY SCHOOL DISTRICT PURSUANT TO SECTION
10-266p OF THE GENERAL STATUTES IN WHICH FORTY PER
CENT OR MORE OF THE LUNCHES SERVED ARE SERVED TO
STUDENTS WHO ARE ELIGIBLE FOR FREE OR REDUCED
PRICE LUNCHES;
[(4)] (5) "Accredited" means accredited by the
National Association for the Education of Young
Children, a Head Start on-site program review
instrument or a successor instrument pursuant to
federal regulations, or otherwise meeting such
criteria as may be established by the
commissioner, in consultation with the
Commissioner of Social Services;
[(5)] (6) "Approved" means meeting the
criteria established by the commissioner, in
consultation with the Commissioner of Social
Services;
[(6)] (7) "Commissioner" means the
Commissioner of Education; and
[(7)] (8) "Department" means the Department of
Education.
Sec. 26. Section 23 of public act 97-265 is
repealed and the following is substituted in lieu
thereof:
Notwithstanding the provisions of section
10-283 of the general statutes, or any regulation
adopted pursuant to said section, the project for
the Magnet Regional Science, Math, Technology and
Arts Resource High School in Hartford is included
in section 1 of [this act] PUBLIC ACT 97-265, and
shall be eligible to be subsequently considered
for a grant commitment from the state, provided
the Hartford school district files an application
for such school building project prior to [June
30, 1997] JUNE 30, 1998, and meets all other
provisions of section 10-264h and chapter 173 of
the general statutes and any regulation adopted by
the State Board of Education pursuant to said
chapter except as may be waived by the
Commissioner of Education pursuant to subsection
(a) of said section 10-264h.
Sec. 27. Section 12-19a of the general
statutes, as amended by section 1 of public act
97-261 and section 2 of public act 97-282, is
repealed and the following is substituted in lieu
thereof:
(a) On or before January first, annually, the
Secretary of the Office of Policy and Management
shall determine the amount due, as a state grant
in lieu of taxes, to each town in this state
wherein state-owned real property, reservation
land held in trust by the state for an Indian
tribe or a municipally owned airport, except that
which was acquired and used for highways and
bridges, but not excepting property acquired and
used for highway administration or maintenance
purposes, is located. The grant payable to any
town under the provisions of this section in the
state fiscal year commencing July 1, 1993, and
each fiscal year thereafter, shall be equal to the
total of (1) one hundred per cent of the property
taxes which would have been paid with respect to
any facility listed in subsection (w) of section
1-1 and any other facility certified by the
Commissioner of Correction, on or before August
first of each year, to have been used for
incarcerative purposes during the preceding fiscal
year, (2) subject to the provisions of subsection
(c) of this section, forty per cent of the
property taxes which would have been paid with
respect to the buildings and grounds comprising
Connecticut Valley Hospital in Middletown. Such
grant shall commence with the fiscal year
beginning July 1, 1995, and continuing each year
thereafter, (3) NOTWITHSTANDING THE PROVISIONS OF
SUBSECTIONS (b) AND (c) OF THIS SECTION, WITH
RESPECT TO ANY TOWN IN WHICH MORE THAN FIFTY PER
CENT OF THE PROPERTY IS STATE-OWNED REAL PROPERTY,
ONE HUNDRED PER CENT OF THE PROPERTY TAXES WHICH
WOULD HAVE BEEN PAID WITH RESPECT TO SUCH
STATE-OWNED PROPERTY. SUCH GRANT SHALL COMMENCE
WITH THE FISCAL YEAR BEGINNING JULY 1, 1997, AND
CONTINUING EACH YEAR THEREAFTER and, [(3)] (4)
subject to the provisions of subsection (c) of
this section, twenty per cent of the property
taxes which would have been paid with respect to
all other state-owned real property and with
respect to all municipally owned airports, except
for the exemption applicable to such property, on
the assessment list in such town for the
assessment date two years prior to the
commencement of the state fiscal year in which
such grant is payable. The grant provided pursuant
to this section for any municipally owned airport
shall be paid to any municipality in which the
airport is located, except that the grant
applicable to Sikorsky Airport shall be paid half
to the town of Stratford and half to the city of
Bridgeport. For the fiscal year ending June 30,
1993, the amount of the grant payable to each
municipality in accordance with this section shall
be reduced proportionately in the event that the
total of such grants in such year exceeds the
amount appropriated for the purposes of this
section with respect to such year.
(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.
(c) In the fiscal year ending June 30, 1991,
and in each fiscal year thereafter, the portion of
the grant payable to any town as determined in
accordance with subdivisions (2) and [(3)] (4) of
subsection (a) of this section, shall not be
greater than the following percentage of total tax
levied by such town on real property in the
preceding calendar year as follows: (1) In the
fiscal year ending June 30, 1991, ten per cent,
(2) in the fiscal year ending June 30, 1992,
twelve per cent, (3) in the fiscal year ending
June 30, 1993, fourteen per cent, (4) in the
fiscal year ending June 30, 1994, twenty-seven per
cent, (5) in the fiscal year ending June 30, 1995,
thirty-five per cent, (6) in the fiscal year
ending June 30, 1996, forty-two per cent, (7) in
the fiscal year ending June 30, 1997, forty-nine
per cent, (8) in the fiscal year ending June 30,
1998, fifty-six per cent, (9) in the fiscal year
ending June 30, 1999, sixty-three per cent, (10)
in the fiscal year ending June 30, 2000, seventy
per cent, (11) in the fiscal year ending June 30,
2001, seventy-seven per cent, (12) in the fiscal
year ending June 30, 2002, eighty-four per cent,
(13) in the fiscal year ending June 30, 2003,
ninety-two per cent, and (14) in the fiscal year
ending June 30, 2004, and in each fiscal year
thereafter, one hundred per cent.
(d) In the fiscal year commencing July 1,
1992, and in each fiscal year thereafter, the
Commissioner of Transportation shall pay from the
Bradley International Airport Enterprise Fund to
the State Comptroller, on or before September
fifteenth, its portion of the state grant in lieu
of taxes payable under the provisions of this
section to the towns of East Granby, Suffield,
Windsor and Windsor Locks for real property
located at Bradley International Airport. Such
payment shall be credited to the appropriation
from the General Fund for reimbursements to towns
for loss of taxes on state property.
(e) Notwithstanding the provisions of this
section in effect prior to January 1, 1997, any
grant in lieu of taxes on state-owned real
property made to any town in excess of seven and
one-half per cent of the total tax levied on real
property by such town is validated.
Sec. 28. Subsection (d) of section 22a-451 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(d) There is established an account to be
known as the emergency spill response account, for
the purpose of providing money for (1) costs
associated with the implementation of section
22a-449 and chapter 441; (2) the containment and
removal or mitigation of the discharge, spillage,
uncontrolled loss, seepage or filtration of oil or
petroleum or chemical liquids or solid, liquid or
gaseous products or hazardous wastes including the
state share of payments of the costs of remedial
action pursuant to the federal Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 USC 9601 et seq.), as
amended; (3) provision of potable drinking water
pursuant to section 22a-471; (4) completion of the
inventory required by section 22a-8a; (5) the
removal of hazardous wastes that the commissioner
deems to be a potential threat to human health or
the environment; (6) [the accomplishment of the
purposes of sections 22a-134aa to 22a-134hh,
inclusive, except that the amount expended for the
purpose of this subdivision shall not exceed three
hundred forty thousand dollars per year; (7)] (A)
the provision of short-term potable drinking water
pursuant to subdivision (1) of subsection (a) of
section 22a-471 and the preparation of an
engineering report pursuant to subdivision (2) of
subsection (a) of said section when pollution of
the groundwaters by pesticides has occurred or can
reasonably be expected to occur; (B) the study
required by Special Act 86-44* and (C) as funds
allow, education of the public on the proper use
and disposal of pesticides and the prevention of
pesticide contamination in drinking water
supplies; [(8)] (7) loans and lines of credit made
in accordance with the provisions of section
32-23z; [(9)] (8) the accomplishment of the
purposes of sections 22a-133b to 22a-133g,
inclusive, and sections 22a-134 to 22a-134d,
inclusive, including staffing, and section
22a-133k; [(10)] (9) development and
implementation by the commissioner of a state-wide
aquifer protection program pursuant to the
provisions of sections 19a-37, 22-6c, 22a-354c,
22a-354e, 22a-354g to 22a-354bb, inclusive,
25-32d, 25-33h, 25-33n and subsection (a) of
section 25-84, including, but not limited to,
development of state regulations for land uses in
aquifer protection areas, technical assistance and
educational programs; [(11)] (10) research on
toxic substance contamination, including research
by the Environmental Research Institute and the
Institute of Water Resources at The University of
Connecticut and by the Connecticut Agricultural
Experiment Station; [(12)] (11) the costs of the
commissioner in performing or approving level A
mapping of aquifer protection areas pursuant to
this title; and [(13)] (12) inventory and
evaluation of the farm resource management
requirements of farms in aquifer areas by the
eight county soil and water conservation
districts. The emergency spill response account
shall be an account of the General Fund. On July
1, 1995, any balance remaining in said account
shall be transferred to the resources of the
General Fund.
Sec. 29. Subsection (b) of section 29-252a of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) [On and after July 1, 1989, no] NO state
building or structure OR ADDITION TO A STATE
BUILDING OR STRUCTURE, that exceeds the threshold
limits contained in section 29-276b [, and on and
after July 1, 1997, no other state building or
structure] AND REQUIRES AN INDEPENDENT STRUCTURAL
REVIEW UNDER SAID SECTION, shall be constructed
[or altered] until an application has been filed
by the commissioner of an agency authorized to
contract for the construction of buildings [or the
alteration of existing buildings] under the
provisions of section 4b-1 or 4b-51 with the State
Building Inspector and a building permit issued by
the State Building Inspector. ON AND AFTER JULY 1,
1999, NO STATE BUILDING OR STRUCTURE OR ADDITION
TO A STATE BUILDING OR STRUCTURE SHALL BE
CONSTRUCTED OR ALTERED UNTIL AN APPLICATION HAS
BEEN FILED BY THE COMMISSIONER OF AN AGENCY
AUTHORIZED TO CONTRACT FOR THE CONSTRUCTION OF
BUILDINGS OR THE ALTERATION OF EXISTING BUILDINGS
UNDER THE PROVISIONS OF SECTION 4b-1 OR 4b-51 WITH
THE STATE BUILDING INSPECTOR AND A BUILDING PERMIT
ISSUED BY THE STATE BUILDING INSPECTOR. Two copies
of the plans and specifications for the building
or structure to be constructed or altered shall
accompany the application. [The commissioner of
the contracting agency shall include on the
application all contractors and subcontractors
doing work on the site and their Connecticut tax
registration numbers and their federal Social
Security account numbers or federal employer
identification numbers, or both, if available.
Said commissioner shall: (1) Continuously update
the application with the Connecticut tax
registration numbers and federal Social Security
account numbers or federal employer identification
numbers, or both, if available, of any contractors
or subcontractors doing work on the site and (2)
prior to final payment, provide a complete list of
such numbers, if available, of such contractors
and subcontractors or where such federal Social
Security account numbers or federal identification
numbers are unavailable, the reason or reasons for
the unavailability. The State Building Inspector
shall, after final payment on the construction or
alteration of a state building or structure,
furnish to the Commissioner of Revenue Services a
copy of each application containing a complete
list of the Connecticut tax registration numbers
and federal Social Security account numbers or
federal employer identification numbers, or both,
if available, of all contractors and
subcontractors doing work on the site or the
reason or reasons for the unavailability.] The
commissioner of any such agency shall certify that
such plans and specifications are in substantial
compliance with the provisions of the State
Building Code and, where applicable, with the
provisions of the State Fire Safety Code. The
State Building Inspector shall review the plans
and specifications for the building or structure
to be constructed or altered to verify their
compliance with the requirements of the State
Building Code and, within thirty days of the date
of application, shall issue or refuse to issue the
building permit, in whole or in part. The State
Building Inspector may request that the State Fire
Marshal review such plans to verify their
compliance with the State Fire Safety Code.
Sec. 30. (NEW) The commissioner of each state
agency authorized to contract for the construction
or alteration of buildings under section 4b-1 or
4b-51 of the general statutes shall provide to the
Commissioner of Revenue Services a complete list
of all contractors and subcontractors doing work
on any such construction or alteration project, if
available, and the contractors' and
subcontractors' (1) Connecticut tax registration
numbers and (2) federal Social Security account
numbers or federal employer identification numbers
or both, if available, before making final payment
on the project.
Sec. 31. Subsection (b) of section 4b-30 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) The Commissioner of Public Works shall
have the primary responsibility for ensuring that
the lessor of the offices, space or other
facilities which are covered by each such lease
complies with the provisions of the lease. In
carrying out such responsibility the commissioner
shall inspect such offices, space and other
facilities at least once annually. Not later than
September first, annually, the commissioner shall
submit to the State Properties Review Board a
report summarizing the findings of such
inspections. [No person employed by the Department
of Public Works whose primary function is
negotiating leases shall be assigned any of the
duties required of the commissioner under this
subsection.]
Sec. 32. Section 32-6 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) The management and control of the
operation and affairs of the Connecticut building
at the Eastern States Exposition at West
Springfield [, Massachusetts, including the
maintenance of the land and building,] shall be in
the charge of the Department of Economic and
Community Development. MAINTENANCE OF THE LAND AND
BUILDING SHALL BE THE RESPONSIBILITY OF THE
DEPARTMENT OF PUBLIC WORKS. Coverage by fire and
casualty insurance shall be the responsibility of
the Comptroller. The building and land shall be
used by the department OF ECONOMIC AND COMMUNITY
DEVELOPMENT, in cooperation with public and
private agencies, to conduct an educational
exhibit which will promote the agricultural,
industrial, recreational and other physical and
natural resources of this state.
(b) (1) THERE IS ESTABLISHED AN ACCOUNT TO BE
KNOWN AS THE CONNECTICUT EASTERN STATES EXPOSITION
ACCOUNT. THE ACCOUNT SHALL CONTAIN ANY MONEYS
REQUIRED BY LAW TO BE DEPOSITED IN THE ACCOUNT AND
SHALL BE A SEPARATE, NONLAPSING ACCOUNT OF THE
GENERAL FUND. INVESTMENT EARNINGS CREDITED TO THE
ACCOUNT SHALL BECOME PART OF THE ASSETS OF THE
ACCOUNT. ANY BALANCE REMAINING IN SAID ACCOUNT AT
THE END OF ANY FISCAL YEAR SHALL BE CARRIED
FORWARD IN THE ACCOUNT FOR THE NEXT FISCAL YEAR.
(2) THERE SHALL BE DEPOSITED IN THE
CONNECTICUT EASTERN STATES EXPOSITION ACCOUNT ANY
PROCEEDS REALIZED BY THE STATE FROM ACTIVITIES
PURSUANT TO THIS SECTION.
(3) AMOUNTS IN THE CONNECTICUT EASTERN STATES
EXPOSITION ACCOUNT SHALL BE AVAILABLE TO FUND THE
COST OF ANY ACTIVITIES OF THE DEPARTMENT OF
ECONOMIC AND COMMUNITY DEVELOPMENT PURSUANT TO
THIS SECTION, INCLUDING ADMINISTRATIVE COSTS
RELATED TO SUCH ACTIVITIES.
Sec. 33. Subsection (a) of section 49-41 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Each contract exceeding [twenty-five]
FIFTY thousand dollars in amount for the
construction, alteration or repair of any public
building or public work of the state or of any
subdivision thereof shall include a provision that
the person to perform the contract shall furnish
to the state or the subdivision on or before the
award date, a bond in the amount of the contract
which shall be binding upon the award of the
contract to that person, with a surety or sureties
satisfactory to the officer awarding the contract,
for the protection of persons supplying labor or
materials in the prosecution of the work provided
for in the contract for the use of each such
person, provided no such bond shall be required to
be furnished (1) in relation to any general bid in
which the total estimated cost of labor and
materials under the contract with respect to which
such general bid is submitted is less than
[twenty-five] FIFTY thousand dollars, (2) in
relation to any sub-bid in which the total
estimated cost of labor and materials under the
contract with respect to which such sub-bid is
submitted is less than fifty thousand dollars, or
(3) in relation to any general bid or sub-bid
submitted by a consultant, as defined in section
4b-55. Any such bond furnished shall have as
principal the name of the person awarded the
contract.
Sec. 34. Subsection (a) of section 4b-2 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(a) Submit to the board on [August] SEPTEMBER
first of each year a report which shall include
all pertinent data on his operations concerning
realty acquisitions, the projected needs of the
state and recommendations for statutory changes
which may be appropriate. On or before [September]
OCTOBER first of each year, the board shall submit
such report with recommendations, comments,
conclusions or other pertinent information to the
Governor and the members of the joint standing
committees of the General Assembly having
cognizance of matters relating to appropriations
and the budgets of state agencies and to state
finance, revenue and bonding.
Sec. 35. Section 16a-38i of the general
statutes is repealed and the following is
substituted in lieu thereof:
The energy performance standards established
by the Commissioner of Public Works and the
Secretary of the Office of Policy and Management
pursuant to section 16a-38 shall require that the
COMMISSIONER OF PUBLIC WORKS, IN CONSULTATION WITH
THE SECRETARY, (1) CALCULATE ANNUALLY, FROM
CURRENTLY AVAILABLE DATA, THE average energy use
per square foot in state buildings, [be reduced
from the 1990 level as follows: Fifteen per cent
by 1995, thirty per cent by 2000 and fifty per
cent by 2010] (2) ESTABLISH ONE OR MORE THRESHOLDS
OF ACCEPTABILITY FOR ENERGY USE IN STATE BUILDINGS
AND (3) (A) REDUCE ENERGY USE, ON A COST-EFFECTIVE
LIFE-CYCLE BASIS AND WITHIN AVAILABLE FISCAL
RESOURCES AS DETERMINED BY THE SECRETARY, IN THOSE
BUILDINGS UNDER THE CARE AND CONTROL OF THE
DEPARTMENT OF PUBLIC WORKS WHICH DO NOT MEET SUCH
THRESHOLDS AND (B) ASSIST OTHER AGENCIES IN
REDUCING ENERGY USE, ON A COST-EFFECTIVE
LIFE-CYCLE BASIS AND WITHIN AVAILABLE FISCAL
RESOURCES AS DETERMINED BY THE SECRETARY, IN THOSE
BUILDINGS UNDER THEIR CARE AND CONTROL WHICH DO
NOT MEET THE APPLICABLE THRESHOLDS.
Sec. 36. Subsection (a) of section 4b-34 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Except as provided under subsection (e) of
this section, whenever it appears from the
specifications of the requesting agency or
institution that the space needs equal or exceed
two thousand five hundred square feet and the
Commissioner of Public Works has determined that
such needs will be met by lease of space, the
commissioner shall give public notice of such
space needs and specifications by advertising, at
least once, in a newspaper having a substantial
circulation in the area in which such space is
sought, no less than [thirty] FIFTEEN days prior
to the date of final selection. A copy of such
notice shall be sent to the regional chapter of
the Connecticut Association of Realtors serving
the area in which such space is sought. The
provisions of this subsection shall not be
construed to require the commissioner to lease
space only from persons responding to such
advertisements.
Sec. 37. Subsection (a) of section 32-305 of
the general statutes, as amended by public act
97-315, is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Revenue Services shall
segregate (1) one and one-half per cent of the
gross receipts from the tax from sales within the
meaning of subdivision (h) of subsection (2) of
section 12-407 by any hotel or lodging house
located in any municipality having a population of
less than sixty-five thousand, (2) three and
one-half per cent of the gross receipts from such
tax in any municipality having a population of
sixty-five thousand or more but less than
seventy-five thousand, and (3) four and one-half
per cent of the gross receipts from such tax in
any municipality having a population of
seventy-five thousand or more, provided the
commissioner shall segregate three and one-half
per cent of the gross receipts from such tax in
the municipality having the most popular tourist
attraction in the state, as determined by the
Office of Tourism, if such municipality has a
population of less than sixty-five thousand. Such
segregated funds shall be allocated to tourism
districts established under section 32-302 as
follows: The portion of the funds attributable to
such tax receipts in a municipality shall be
allocated to the tourism district in which the
municipality is located, provided (A) one hundred
per cent of the amount attributable to such tax
receipts from sales in Hartford shall be allocated
to the Connecticut Convention Center Authority,
(B) seventy-five per cent of the amount
attributable to such tax receipts from sales in
New Haven shall be allocated to the New Haven
Coliseum Authority, (C) seventy-five per cent of
the amount attributable to such tax receipts from
sales in Stamford shall be allocated to the
Stamford Center for the Arts, (D) seventy-five per
cent of the amount attributable to such tax
receipts from sales in Norwalk shall be allocated
to the Maritime Center Authority and (E)
seventy-five per cent of the amount attributable
to such tax receipts from sales in Bridgeport
shall be allocated to the Greater Fairfield
district established in section 32-302, for the
sole purpose of marketing tourist attractions
located in Bridgeport. If for any state fiscal
year the amount of the allocation under
subparagraph (E) is less than the amount of funds
allocated during the fiscal year ending June 30,
1991, to the then existing Bridgeport convention
and visitors bureau, pursuant to sections 7-136b
and 7-136c of the general statutes, revised to
January 1, 1991, the Connecticut Tourism Council
shall provide a grant under section 32-300, from
the tourism account, in the amount of such
difference, to said Greater Fairfield district for
the purpose set forth in subparagraph (E).
Notwithstanding the provisions of this section,
[for] DURING the fiscal year [1997-1998] ENDING
JUNE 30, 1998, the Commissioner of Revenue
Services shall segregate one hundred fifty
thousand dollars from any increase in receipts of
such [tax over the amount received in fiscal year
1996-1997] AMOUNT SEGREGATED UNDER THIS SECTION
DURING THE FISCAL YEAR ENDING JUNE 30, 1997, and
shall allocate such segregated amount to the
Connecticut Film, Video and Media Office
ESTABLISHED UNDER SECTION 32-86a, provided the
amount segregated and allocated to any entity
under this section is not less than the amount
segregated and allocated [in fiscal year
1996-1997] DURING THE FISCAL YEAR ENDING JUNE 30,
1997. Not later than October 1, 1994, and annually
thereafter, each tourism district and each
authority receiving funds under this section shall
submit to the Connecticut Tourism Council a full
audit of the books and accounts of the district or
authority for the preceding fiscal year. Each such
audit shall be conducted by an independent
certified public accountant. The Commissioner of
Revenue Services shall also segregate an
additional one million dollars of the gross
receipts from such tax in the state during each
state fiscal year and allocate such funds to the
cultural heritage development account established
under section 10-373bb. The Commissioner of
Revenue Services may adopt regulations, in
accordance with the provisions of chapter 54,
concerning accounting procedures necessary to
carry out the purposes of this section.
Sec. 38. Subdivision (1) of subsection (a) of
section 52-434 of the general statutes, as amended
by section 4 of public act 97-178, is repealed and
the following is substituted in lieu thereof:
(1) Each judge of the Supreme Court, each
judge of the Appellate Court, each judge of the
Superior Court and each judge of the Court of
Common Pleas who ceases or has ceased to hold
office because of retirement other than under the
provisions of section 51-49 and who is an elector
and a resident of this state shall be a state
referee for the remainder of his term of office as
a judge and shall be eligible for appointment as a
state referee during the remainder of his life in
the manner prescribed by law for the appointment
of a judge of the court of which he is a member.
The Superior Court may refer any civil, NONJURY
case OR WITH THE WRITTEN CONSENT OF THE PARTIES OR
THEIR ATTORNEYS, ANY CIVIL JURY CASE pending
before the court in which the issues have been
closed to such a state referee who shall have and
exercise the powers of the Superior Court in
respect to trial, judgment and appeal in the case.
The Superior Court may, with the consent of the
parties or their attorneys, refer any criminal
case to such a state referee who shall have and
exercise the powers of the Superior Court in
respect to trial, judgment, sentencing and appeal
in the case.
Sec. 39. (NEW) As used in sections 39 to 42,
inclusive, of this act, the following words and
terms shall have the following meanings unless the
context indicates another or different meaning or
intent.
(1) "Amount available for debt service" means,
for any accounting period, the net revenues
available for debt service for such period reduced
by the qualified expenditures for such period.
(2) "Authority" means the State of Connecticut
Health and Educational Facilities Authority as
defined in section 10a-178 of the general
statutes.
(3) "Bonds" means revenue bonds of the
authority issued to finance a project at a
participating nursing home, as defined in section
10a-178 of the general statutes which are secured
by a special capital reserve fund.
(4) "Bond documents" means all documents
related to an issue of bonds including, but not
limited to, the trust indenture, the loan
agreement, the bonds, the mortgage and any other
documents included in the closing transcript.
(5) "Deficiency" as used in connection with
any bonds, means the total of the following: (A)
For any completed accounting period, the
difference between the amount available for debt
service for such period and the payment required
to be made to the subject special capital reserve
fund during such period so that the subject
special capital reserve fund is in compliance with
the applicable bond documents; (B) the projected
amount necessary, after taking into account the
estimated amount available for debt service, to
avoid a draw on the special capital reserve funds
or such higher amount as provided in the bond
documents for the period selected by the authority
so that the state has no obligation to make
payments to such special capital reserve fund; and
(C) such additional amounts as the authority may
deem advisable to prevent the state from being
obligated to make any payment to the applicable
special capital reserve fund.
(6) "Deficiency loan" means a loan made by the
authority to a qualified nursing home to fund all
or a portion of the deficiency. The principal
amount of the deficiency loan shall not exceed the
deficiency for the qualified nursing home
receiving the deficiency loan. All other terms and
conditions of the deficiency loan including the
rate of interest, if any, shall be set by the
authority as it deems appropriate.
(7) "Net revenues available for debt service"
means, for any accounting period, the excess of
operating and nonoperating revenues of the
qualified nursing home, including the proceeds of
business interruption insurance over the operating
and nonoperating expenses of the qualified nursing
home for such period. For the purposes of this
subdivision such revenues and expenses shall
exclude any depreciation, amortization and current
interest expense, as determined in accordance with
generally accepted accounting principles, using
either accrual or cash basis accounting, subject,
to such adjustment for extraordinary,
nonrecurrent, capital and other expenditures as
the authority deems appropriate to determine
actual funds available for debt service.
(8) "Qualified expenditures" means all
expenditures of any kind and type of a qualified
nursing home, including capital expenditures and
repayment of debt, which are necessary or
advisable for the continued operation of a
qualified nursing home outside of bankruptcy and
in compliance with all applicable laws.
(9) "Qualified nursing home" means a nursing
home required to make payments to a special
capital reserve fund pursuant to applicable bond
documents.
(10) "Special capital reserve funds" means the
funds authorized under section 10a-186a of the
general statutes and as incorporated in the bond
documents.
(11) "Subject special capital reserve fund"
means the Special Capital Reserve Fund to which a
specific qualified nursing home is required to
make payments under applicable bond documents.
Sec. 40. (NEW) There is established, within
the office of the State Treasurer, a program to be
known as the "Nursing Home Loan Program". The
State Treasurer may, upon request of the
Connecticut Health and Educational Facilities
Authority advance funds appropriated for such
program to the authority from said program to the
extent funds are available to fund deficiency
loans. The State Treasurer shall not advance funds
unless there has been delivered to the State
Treasurer in connection with such advance, a
certificate of the executive director of the
authority and any officer of the authority
certifying: (1) That the board of directors of the
authority has authorized the deficiency loan to be
funded and made all findings required by this act;
(2) the principal amount of the deficiency loan;
(3) the requested amount of the advance from the
Nursing Home Loan Program; and (4) the amount of
all previous advances made in respect of such
deficiency loan. Upon receipt of such certificate,
to the extent funds are available, the State
Treasurer is authorized to make the appropriate
payment to the authority for the purpose of
funding the deficiency loan.
Sec. 41. (NEW) (a) The authority is authorized
from time to time to extend deficiency loans to
qualified nursing homes. Deficiency loans may be
advanced in one or more instalments and multiple
deficiency loans may be extended to the same
qualified nursing home. The terms and conditions
of each deficiency loan shall be set forth in the
authorizing resolution of the board of directors
of the authority provided the board may delegate
the power to set such terms and conditions to the
executive director and any managing director of
the authority. Prior to approving a deficiency
loan, the board of directors of the authority
shall reasonably determine, based upon the
projections and other information presented to it
that (1) there is a deficiency, and (2) any
principal amount of the deficiency loan does not
exceed the amount of the deficiency. All proceeds
of a deficiency loan shall be made by the
authority directly to the trustee of the bonds.
(b) The authority shall have all powers, right
and authority granted to it by chapter 187 of the
general statutes or otherwise to administer and
enforce any deficiency loan including the right to
waive defaults and payments, extend maturities and
release collateral. Subject to the approval of the
State Treasurer, the authority is specifically
empowered in its discretion, to forgive up to
one-half of the principal amount of a deficiency
loan if it finds that the financial condition of
the qualified nursing home has substantially
improved and the risk that the state will be
required to make payments to restore the subject
special capital reserve fund has been
substantially reduced. All repayments made on
deficiency loans shall be paid by the authority to
the State Treasurer for deposit in the General
Fund.
Sec. 42. Section 10a-179 of the general
statutes is amended by adding subsection (k) as
follows:
(NEW) (k) (1) The authority may incorporate
one or more subsidiaries and may transfer to any
such subsidiary any moneys and real or personal
property of any kind or nature. Each such
subsidiary shall have all the privileges,
immunities, tax exemptions and other exemptions of
the authority, including the privileges,
immunities, tax exemptions and other exemptions
provided under the general statutes for special
capital reserve funds. Each such subsidiary shall
be subject to suit provided its liability shall be
limited solely to the assets, revenues and
resources of the subsidiary and without recourse
to the general funds, revenues, resources or any
other assets of the authority. Each such
subsidiary is authorized to assume or take title
to property subject to any existing lien,
encumbrance or mortgage and to mortgage, convey or
dispose of its assets and pledge its revenues in
order to secure any borrowing, for the purpose of
refinancing, rehabilitating or improving its
assets, provided each such borrowing or mortgage
shall be a special obligation of the subsidiary,
which obligation may be in the form of bonds, bond
anticipation notes and other obligations to the
extent permitted under chapter 187 of the general
statutes to fund and refund the same and provide
for the rights of the holders thereof, and to
secure the same by pledge or revenues, notes and
other assets and which shall be payable solely
from the assets, revenues and other resources of
the subsidiary. The authority shall have the power
to assign to a subsidiary any rights, moneys or
other assets it has under any governmental program
including the nursing home loan program. No
borrowing shall be undertaken by a subsidiary of
the authority without the approval of the
authority.
(2) Each such subsidiary shall act through its
board of directors at least one half of which
shall be members of the board of directors of the
authority, or their designees or officers or
employees of the authority. A resolution of the
authority shall prescribe the purposes for which
each such subsidiary is formed.
(3) The provisions of section 1-125 of the
general statutes, subsection (e) of section
10a-185 of the general statutes and this
subsection shall apply to any officer, director,
designee or employee appointed as a member,
director or officer of any such subsidiary. Any
such persons so appointed shall not be personally
liable for the debts, obligations or liabilities
of any such subsidiary as provided in said section
1-125. The subsidiary shall and the authority may
provide for the indemnification to protect, save
harmless and indemnify such officer, director,
designee or employee as provided by said section
1-125.
(4) The authority or such subsidiary may take,
such actions as are necessary to comply with the
provisions of the Internal Revenue Code of 1986 or
any subsequent corresponding internal revenue code
of the United States, as from time to time
amended, to qualify and maintain any such
subsidiary as a corporation exempt from taxation
under said internal revenue code.
(5) The authority may make loans to each such
subsidiary, following standard authority
procedures, from its assets and the proceeds of
its bonds, notes and other obligations, provided
the source and security for the repayment of such
loans is derived from the assets, revenues and
resources of the subsidiary.
Sec. 43. Subsection (g) of section 3-20 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(g) With the exception of refunding bonds,
whenever a bond act empowers the State Bond
Commission to authorize bonds for any project or
purpose or projects or purposes, and whenever the
State Bond Commission finds that the authorization
of such bonds will be in the best interests of the
state, it shall authorize such bonds by resolution
adopted by the approving vote of at least a
majority of said commission. No such resolution
shall be so adopted by the State Bond Commission
unless it finds that there has been filed with it
(1) any capital development impact statement and
any human services facility colocation statement
required to be filed with the Secretary of the
Office of Policy and Management pursuant to
section 4b-23; (2) a statement from the
Commissioner of Agriculture, pursuant to section
22-6, for projects which would convert twenty-five
or more acres of prime farmland to a
nonagricultural use, and (3) such requests and
such other documents as it or said bond act
require, provided no resolution with respect to
any SCHOOL BUILDING project financed pursuant to
section 10-287d OR ANY INTEREST SUBSIDY FINANCED
PURSUANT TO SECTION 93 OF PUBLIC ACT 97-265 shall
require the filing of any statements pursuant to
subdivision (1) or (2) of this section. Any such
resolution so adopted by the State Bond Commission
shall recite the bond act under which said
commission is empowered to authorize such bonds
and the filing of all requests and other
documents, if any, required by it or such bond
act, and shall state the principal amount of the
bonds authorized and a description of the purpose
or project for which such bonds are authorized.
Such description shall be sufficient if made
merely by reference to a numbered subsection,
subdivision or other applicable section of such
bond act. The agenda of each meeting, or any
supporting documents included with such agenda,
shall include a reference to the statute or public
or special act which is the source of any funds to
be used for any project on such agenda, including
any contingency funds and any reuse or
reallocation of funds previously approved for any
other use or project, and a notation of the
outside source from which any funds for any such
project were received, if any. Upon adoption of a
resolution, the principal amount of the bonds
authorized therein for such purpose or project
shall be deemed to be an appropriation and
allocation of such amount for such purpose or
project, respectively, and subject to approval by
the Governor of allotment thereof and to any
authorization for such project or purpose that may
otherwise be required, contracts may be awarded
and obligations incurred with respect to any such
project or purpose in amounts not in the aggregate
exceeding such authorized principal amount,
notwithstanding that such contracts and
obligations may at a particular time exceed the
amount of the proceeds from the sale of such bonds
theretofore received by the state. In any such
resolution so adopted, the State Bond Commission
may include provision for the date or dates of
such bonds, the maturity of such bonds and,
notwithstanding the provisions of any bond act
taking effect prior to July 1, 1973, provision for
either serial or term, sinking fund or other
reserve fund requirements, if any, due dates of
the interest thereon, the form of such bonds, the
denominations and designation of such bonds,
registration, conversion and transfer privileges
and the terms of redemption with or without
premium and the date and manner of sale of such
bonds, provisions for the consolidation of such
bonds with other bonds including refunding bonds
for the purpose of sale as provided in subsection
(h) hereof, limitations with respect to the
interest rate or rates on such bonds, provisions
for receipt and deposit or investment of the good
faith deposit pending delivery of such bonds and
such other terms and conditions of such bonds and
of the issuance and sale thereof as the State Bond
Commission may determine to be in the best
interest of the state, provided the State Bond
Commission may delegate to the Treasurer all or
any part of the foregoing powers in which event
the Treasurer shall exercise such powers until the
State Bond Commission, by adoption of a resolution
prior to exercise of such powers by the Treasurer
shall elect to reassume the same. Such powers
shall be exercised from time to time in such
manner as the Treasurer shall determine to be in
the best interests of the state and he shall file
a certificate of determination setting forth the
details thereof with the secretary of the State
Bond Commission on or before the date of delivery
of such bonds, the details of which were
determined by him in accordance with such
delegation. The State Bond Commission may
authorize the Commissioner of Economic and
Community Development to defer payments of
interest or principal, or a portion thereof, in
the case of a troubled loan, as defined in
subdivision (1) of subsection (e) of section
8-37x, made by the commissioner under any
provision of the general statutes.
Sec. 44. Section 3-76t of the general statutes
is repealed and the following is substituted in
lieu thereof:
Any municipality entitled to receive an
interest subsidy pursuant to [section 10-287g]
SUBSECTION (b) OF SECTION 95 OF PUBLIC ACT 97-265
on bonds refunded pursuant to this part shall
cease to receive such interest subsidy on the
refunded bonds and shall be entitled to receive
such interest subsidy on the refunding bonds in
the amount permitted by [said section 10-287g]
SUBSECTION (b) OF SECTION 95 OF PUBLIC ACT 97-265.
Sec. 45. (NEW) A grant under chapter 173 of
the general statutes for any school building
project authorized by the General Assembly on or
after July 1, 1996, or for any project for which
application is made pursuant to subsection (b) of
section 10-283 of the general statutes, on or
after July 1, 1997, shall be paid as follows:
Applicants shall request progress payments for the
state share of eligible project costs calculated
pursuant to sections 10-65 and 10-76e of the
general statutes and section 10-286 of the general
statutes, at such time and in such manner as the
Commissioner of Education shall prescribe provided
no payments shall commence until the applicant has
filed a notice of authorization of funding for the
local share of project costs, and provided further
no payments other than those for architectural
planning and site acquisition shall be made prior
to approval of the final architectural plans
pursuant to section 10-292 of the general
statutes. The Department of Education shall
withhold five per cent of a grant pending
completion of an audit pursuant to section 10-287
of the general statutes provided, if the
department is unable to complete the required
audit within six months of the date a request for
final payment is filed, the applicant may have an
independent audit performed and include the cost
of such audit in the eligible project costs.
Sec. 46. (a) The sum of $150,000 of the amount
appropriated to the Department of Education, for
the fiscal year ending June 30, 1998, for
Education Equalization Grants, shall be
transferred to Interdistrict Cooperation for an
interdistrict abuse/neglect domestic violence
education program for children five to twelve
years of age.
(b) The sum of $150,000 of the amount
appropriated to the Department of Education, for
the fiscal year ending June 30, 1999, for
Education Equalization Grants, shall be
transferred to Interdistrict Cooperation for an
interdistrict abuse/neglect domestic violence
education program for children five to twelve
years of age.
Sec. 47. Section 73 of special act 97-21 is
amended to read as follows:
Notwithstanding the provisions of sections 1,
11, 24, 25 and 26 of [this act] SPECIAL ACT 97-21,
the appropriation to The University of Connecticut
of $148,501,722 in Fiscal Year 1997-98 and
$155,253,959 in Fiscal Year 1998-99 shall be the
allotment for each such fiscal year, provided that
in the event of an early retirement incentive
program the Secretary of the Office of Policy and
Management may secure in Fiscal Year 1997-98 total
savings $1,677,899 with an allotment reduction of
not more than $1,364,368 and the balance through
fringe benefit savings, and may secure in Fiscal
Year 1998-99 total savings of $1,723,606 with an
allotment reduction of not more than $1,401,534
and the balance through fringe benefit savings.
Accrual payments, including the faculty contract
adjustment, resulting from the early retirement
incentive program shall be funded by the Office of
Policy and Management.
Sec. 48. Section 2-80 of the general statutes
is repealed and the following is substituted in
lieu thereof:
There shall continue to be a Commission on
Uniform Legislation which shall consist of [seven]
EIGHT members appointed by the Governor, in
accordance with the provisions of section 4-9a.
Said commission shall examine the subject of
marriage and divorce, insolvency, the form of
notarial certificates, descent and distribution of
property, acknowledgment of deeds, execution and
probate of wills and other subjects, on which
uniformity is desirable; ascertain the best means
to effect uniformity in the laws of the states;
represent the state in conventions of like
commissions of other states for the consideration
and recommendation of uniform laws to be submitted
to the several state legislatures for their action
and recommend such other course of action as shall
best accomplish the purpose of this section.
Members shall receive no compensation for their
services but their necessary and actual traveling
and other expenses incurred in effectuating the
object of this section and an annual contribution
to the National Conference of Commissioners on
Uniform State Laws shall be paid by the state.
Sec. 49. (a) The sum of $1,099,698
appropriated to the Office of Policy and
Management, for the fiscal year ending June 30,
1998, for Personal Services, shall be transferred
to the Department of Administrative Services for
such purpose.
(b) The sum of $361,045 appropriated to the
Office of Policy and Management, for the fiscal
year ending June 30, 1998, for Other Expenses,
shall be transferred to the Department of
Administrative Services for such purpose.
(c) The sum of $1,147,163 appropriated to the
Office of Policy and Management, for the fiscal
year ending June 30, 1999, for Personal Services,
shall be transferred to the Department of
Administrative Services for such purpose.
(d) The sum of $361,045 appropriated to the
Office of Policy and Management, for the fiscal
year ending June 30, 1999, for Other Expenses,
shall be transferred to the Department of
Administrative Services for such purpose.
Sec. 50. Subsection (f) of section 17b-340 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(f) For the fiscal year ending June 30, 1992,
the rates paid by or for persons aided or cared
for by the state or any town in this state to
facilities for room, board and services specified
in licensing regulations issued by the licensing
agency, except intermediate care facilities for
the mentally retarded and homes for the aged,
shall be based on the cost year ending September
30, 1989. For the fiscal years ending June 30,
1993, and June 30, 1994, such rates shall be based
on the cost year ending September 30, 1990.
Notwithstanding the provisions of section 17b-344,
such rates shall be determined by the Commissioner
of Social Services in accordance with this section
and the regulations of Connecticut state agencies
promulgated by the commissioner and in effect on
April 1, 1991, except that:
(1) Allowable costs shall be divided into the
following five cost components: Direct costs,
which shall include salaries for nursing
personnel, related fringe benefits and nursing
pool costs; indirect costs, which shall include
professional fees, dietary expenses, housekeeping
expenses, laundry expenses, supplies related to
patient care, salaries for indirect care personnel
and related fringe benefits; fair rent, which
shall be defined in accordance with subsection (f)
of section 17-311-52 of the regulations of
Connecticut state agencies; capital-related costs,
which shall include property taxes, insurance
expenses, equipment leases and equipment
depreciation; and administrative and general
costs, which shall include maintenance and
operation of plant expenses, salaries for
administrative and maintenance personnel and
related fringe benefits. The commissioner may
provide a rate adjustment for nonemergency
transportation services required by nursing
facility residents. Such adjustment shall be a
fixed amount determined annually by the
commissioner based upon a review of costs and
other associated information. Allowable costs
shall not include costs for ancillary services
payable under Part B of the Medicare program.
(2) Two geographic peer groupings of
facilities shall be established for each level of
care, as defined by the Department of Social
Services for the determination of rates, for the
purpose of determining allowable direct costs. One
peer grouping shall be comprised of those
facilities located in Fairfield County. The other
peer grouping shall be comprised of facilities
located in all other counties.
(3) For the fiscal year ending June 30, 1992,
per diem maximum allowable costs for each cost
component shall be as follows: For direct costs,
the maximum shall be equal to one hundred forty
per cent of the median allowable cost of that peer
grouping; for indirect costs, the maximum shall be
equal to one hundred thirty per cent of the
state-wide median allowable cost; for fair rent,
the amount shall be calculated utilizing the
amount approved by the Office of Health Care
Access pursuant to section 19a-638; for
capital-related costs, there shall be no maximum;
and for administrative and general costs, the
maximum shall be equal to one hundred twenty-five
per cent of the state-wide median allowable cost.
For the fiscal year ending June 30, 1993, per diem
maximum allowable costs for each cost component
shall be as follows: For direct costs, the maximum
shall be equal to one hundred forty per cent of
the median allowable cost of that peer grouping;
for indirect costs, the maximum shall be equal to
one hundred twenty-five per cent of the state-wide
median allowable cost; for fair rent, the amount
shall be calculated utilizing the amount approved
by the Office of Health Care Access pursuant to
section 19a-638; for capital-related costs, there
shall be no maximum; and for administrative and
general costs the maximum shall be equal to one
hundred fifteen per cent of the state-wide median
allowable cost. For the fiscal year ending June
30, 1994, per diem maximum allowable costs for
each cost component shall be as follows: For
direct costs, the maximum shall be equal to one
hundred thirty-five per cent of the median
allowable cost of that peer grouping; for indirect
costs, the maximum shall be equal to one hundred
twenty per cent of the state-wide median allowable
cost; for fair rent, the amount shall be
calculated utilizing the amount approved by the
Office of Health Care Access pursuant to section
19a-638; for capital-related costs, there shall be
no maximum; and for administrative and general
costs the maximum shall be equal to one hundred
ten per cent of the state-wide median allowable
cost. For the fiscal year ending June 30, 1995,
per diem maximum allowable costs for each cost
component shall be as follows: For direct costs,
the maximum shall be equal to one hundred
thirty-five per cent of the median allowable cost
of that peer grouping; for indirect costs, the
maximum shall be equal to one hundred twenty per
cent of the state-wide median allowable cost; for
fair rent, the amount shall be calculated
utilizing the amount approved by the Office of
Health Care Access pursuant to section 19a-638;
for capital-related costs, there shall be no
maximum; and for administrative and general costs
the maximum shall be equal to one hundred five per
cent of the state-wide median allowable cost. For
the fiscal year ending June 30, 1996, and any
succeeding fiscal year, per diem maximum allowable
costs for each cost component shall be as follows:
For direct costs, the maximum shall be equal to
one hundred thirty-five per cent of the median
allowable cost of that peer grouping; for indirect
costs, the maximum shall be equal to one hundred
fifteen per cent of the state-wide median
allowable cost; for fair rent, the amount shall be
calculated utilizing the amount approved pursuant
to section 19a-638; for capital-related costs,
there shall be no maximum; and for administrative
and general costs the maximum shall be equal to
the state-wide median allowable cost. Costs in
excess of the maximum amounts established under
this subsection shall not be recognized as
allowable costs, except that the Commissioner of
Social Services (A) may allow costs in excess of
maximum amounts for any facility with patient days
covered by Medicare, including days requiring
coinsurance, in excess of twelve per cent of
annual patient days which also has patient days
covered by Medicaid in excess of fifty per cent of
annual patient days; (B) may establish a pilot
program whereby costs in excess of maximum amounts
shall be allowed for beds in a nursing home which
has a managed care program and is affiliated with
a hospital licensed under chapter 368v; and (C)
may establish rates whereby allowable costs may
exceed such maximum amounts for beds approved on
or after July 1, 1991, which are restricted to use
by patients with acquired immune deficiency
syndrome or traumatic brain injury.
(4) For the fiscal year ending June 30, 1992,
(A) no facility shall receive a rate that is less
than the rate it received for the rate year ending
June 30, 1991; (B) no facility whose rate, if
determined pursuant to this subsection, would
exceed one hundred twenty per cent of the
state-wide median rate, as determined pursuant to
this subsection, shall receive a rate which is
five and one-half per cent more than the rate it
received for the rate year ending June 30, 1991;
and (C) no facility whose rate, if determined
pursuant to this subsection, would be less than
one hundred twenty per cent of the state-wide
median rate, as determined pursuant to this
subsection, shall receive a rate which is six and
one-half per cent more than the rate it received
for the rate year ending June 30, 1991. For the
fiscal year ending June 30, 1993, no facility
shall receive a rate that is less than the rate it
received for the rate year ending June 30, 1992,
or six per cent more than the rate it received for
the rate year ending June 30, 1992. For the fiscal
year ending June 30, 1994, no facility shall
receive a rate that is less than the rate it
received for the rate year ending June 30, 1993,
or six per cent more than the rate it received for
the rate year ending June 30, 1993. For the fiscal
year ending June 30, 1995, no facility shall
receive a rate that is more than five per cent
less than the rate it received for the rate year
ending June 30, 1994, or six per cent more than
the rate it received for the rate year ending June
30, 1994. For the fiscal years ending June 30,
1996, and June 30, 1997, no facility shall receive
a rate that is more than three per cent more than
the rate it received for the prior rate year. [For
the fiscal years ending June 30, 1992, and June
30, 1993, the Commissioner of Social Services
shall exclude fair rent from any rate increase
maximums established pursuant to this subsection
for a facility which has undergone a material
change in circumstances related to fair rent. For
the fiscal year ending June 30, 1993, the
Commissioner of Social Services shall exclude the
cost efficiency adjustment for indirect costs from
any rate increase maximums established pursuant to
this subsection. Thereafter, the] FOR THE FISCAL
YEAR ENDING JUNE 30, 1998, A FACILITY SHALL
RECEIVE A RATE INCREASE THAT IS NOT MORE THAN TWO
PER CENT MORE THAN THE RATE THAT THE FACILITY
RECEIVED IN THE PRIOR YEAR. FOR THE FISCAL YEAR
ENDING JUNE 30, 1999, A FACILITY SHALL RECEIVE A
RATE INCREASE THAT IS NOT MORE THAN TWO PER CENT
MORE THAN THE FACILITY RECEIVED IN THE PRIOR YEAR
AND THAT IS NOT LESS THAN ONE PER CENT MORE THAN
THE FACILITY RECEIVED IN THE PRIOR YEAR. THE
Commissioner of Social Services may exclude fair
rent from any rate increase maximums established
pursuant to this subdivision for a facility which
has undergone a material change in circumstances
related to fair rent.
(5) For the purpose of determining allowable
fair rent, a facility with allowable fair rent
less than the twenty-fifth percentile of the
state-wide allowable fair rent shall be reimbursed
as having allowable fair rent equal to the
twenty-fifth percentile of the state-wide
allowable fair rent, provided for the fiscal years
ending June 30, 1996, and June 30, 1997, the
reimbursement may not exceed the twenty-fifth
percentile of the state-wide allowable fair rent
for the fiscal year ending June 30, 1995.
Beginning with the fiscal year ending June 30,
1996, any facility with a rate of return on real
property other than land in excess of eleven per
cent shall have such allowance revised to eleven
per cent. Any facility or its related realty
affiliate which finances or refinances debt
through bonds issued by the State of Connecticut
Health and Education Facilities Authority shall
report the terms and conditions of such financing
or refinancing to the Commissioner of Social
Services within thirty days of completing such
financing or refinancing. The Commissioner of
Social Services may revise the facility's fair
rent component of its rate to reflect any
financial benefit the facility or its related
realty affiliate received as a result of such
financing or refinancing, including but not
limited to, reductions in the amount of debt
service payments or period of debt repayment. The
commissioner shall allow actual debt service costs
for bonds issued by the State of Connecticut
Health and Educational Facilities Authority if
such costs do not exceed property costs allowed
pursuant to subsection (f) of section 17-311-52 of
the regulations of Connecticut state agencies,
provided the commissioner may allow higher debt
service costs for such bonds for good cause. For
facilities which first open on or after October 1,
1992, the commissioner shall determine allowable
fair rent for real property other than land based
on the rate of return for the cost year in which
such bonds were issued. The financial benefit
resulting from a facility financing or refinancing
debt through such bonds shall be shared between
the state and the facility to an extent determined
by the commissioner on a case-by-case basis and
shall be reflected in an adjustment to the
facility's allowable fair rent.
(6) A facility shall receive cost efficiency
adjustments for indirect costs and for
administrative and general costs if such costs are
below the state-wide median costs. The cost
efficiency adjustments shall equal twenty-five per
cent of the difference between allowable reported
costs and the applicable median allowable cost
established pursuant to this subdivision.
(7) For the fiscal year ending June 30, 1992,
allowable operating costs, excluding fair rent,
shall be inflated using the Regional Data
Resources Incorporated McGraw-Hill Health Care
Costs: Consumer Price Index (all urban)--All Items
minus one and one-half per cent. For the fiscal
year ending June 30, 1993, allowable operating
costs, excluding fair rent, shall be inflated
using the Regional Data Resources Incorporated
McGraw-Hill Health Care Costs: Consumer Price
Index (all urban)--All Items minus one and
three-quarters per cent. For the fiscal years
ending June 30, 1994, and June 30, 1995, allowable
operating costs, excluding fair rent, shall be
inflated using the Regional Data Resources
Incorporated McGraw-Hill Health Care Costs:
Consumer Price Index (all urban)--All Items minus
two per cent. For the fiscal year ending June 30,
1996, allowable operating costs, excluding fair
rent, shall be inflated using the Regional Data
Resources Incorporated McGraw-Hill Health Care
Costs: Consumer Price Index (all urban)--All Items
minus two and one-half per cent. For the fiscal
year ending June 30, 1997, allowable operating
costs, excluding fair rent, shall be inflated
using the Regional Data Resources Incorporated
McGraw-Hill Health Care Costs: Consumer Price
Index (all urban)--All Items minus three and
one-half per cent. For the fiscal year ending June
30, 1992, and any succeeding fiscal year,
allowable fair rent shall be those reported in the
annual report of long-term care facilities for the
cost year ending the immediately preceding
September thirtieth. The inflation index to be
used pursuant to this subsection shall be computed
to reflect inflation between the midpoint of the
cost year through the midpoint of the rate year.
The Department of Social Services shall study
methods of reimbursement for fair rent and shall
report its findings and recommendations to the
joint standing committee of the General Assembly
having cognizance of matters relating to human
services on or before January 15, 1993.
(8) On and after July 1, 1994, costs shall be
rebased no more frequently than every two years
and no less frequently than every four years, as
determined by the commissioner. The commissioner
shall determine whether and to what extent a
change in ownership of a facility shall occasion
the rebasing of the facility's costs.
(9) The method of establishing rates for new
facilities shall be determined by the commissioner
in accordance with the provisions of this
subsection.
(10) Rates determined under this section shall
comply with federal laws and regulations.
(11) For the fiscal year ending June 30, 1992,
and any succeeding fiscal year, one-half of the
initial amount payable in June by the state to a
facility pursuant to this subsection shall be paid
to the facility in June and the balance of such
amount shall be paid in July.
(12) Notwithstanding the provisions of this
subsection, interim rates issued for facilities on
and after July 1, 1991, shall be subject to
applicable fiscal year cost component limitations
established pursuant to subdivision (3) of this
subsection.
(13) A chronic and convalescent nursing home
having an ownership affiliation with and operated
at the same location as a chronic disease hospital
may request that the commissioner approve an
exception to applicable rate-setting provisions
for chronic and convalescent nursing homes and
establish a rate for the fiscal years ending June
30, 1992, and June 30, 1993, in accordance with
regulations in effect June 30, 1991. Any such rate
shall not exceed one hundred sixty-five per cent
of the median rate established for chronic and
convalescent nursing homes established under this
section for the applicable fiscal year.
(14) For the fiscal year ending June 30, 1994,
and any succeeding fiscal year, for purposes of
computing minimum allowable patient days,
utilization of a facility's certified beds shall
be determined at a minimum of ninety-five per cent
of capacity, except for new facilities and
facilities which are certified for additional beds
which may be permitted a lower occupancy rate for
the first three months of operation after the
effective date of licensure.
Sec. 51. The sum of $5,000,000 is appropriated
to the Department of Social Services, from the
General Fund, for the fiscal year ending June 30,
1998, for Medicaid.
Sec. 52. (a) The unexpended balance of funds
appropriated to the Department of Social Services
in section 1 of public act 93-80, as amended by
section 1 of public act 94-1 of the May special
session, for development of a Medicaid management
information system, and carried forward by section
24 of public act 93-80, and section 47 of special
act 95-12, as amended by section 18 of special act
96-8, and the unexpended balance of the funds
appropriated to said department for such purpose
for the fiscal year ending June 30, 1995, and
carried forward by section 47 of special act
95-12, as amended by section 18 of special act
96-8, shall not lapse on June 30, 1997. Such funds
shall be transferred to the Privatize Data
Processing Services account and shall be available
for expenditure during the fiscal year ending June
30, 1998.
(b) The unexpended balance of funds
appropriated to the Department of Social Services
in section 11 of special act 95-12, as amended by
section 1 of special act 96-8, for digital
imaging, in the State-wide GA Data Base/Tracking
System account, shall not lapse on June 30, 1997,
and such funds shall continue to be available for
expenditure during the fiscal year ending June 30,
1998.
(c) The unexpended balance of funds
appropriated to the Department of Social Services
in section 11 of special act 95-12, as amended by
section 1 of special act 96-8, for the Connecticut
Pharmaceutical Assistance Contract to the Elderly,
shall not lapse on June 30, 1997, and such funds
shall continue to be available for expenditure
during the fiscal year ending June 30, 1998.
(d) The unexpended balance of funds
appropriated to the Department of Social Services
in section 11 of special act 95-12, as amended by
section 1 of special act 96-8, for Privatize Data
Processing Services, shall not lapse on June 30,
1997, and such funds shall continue to be
available for expenditure during the fiscal year
ending June 30, 1998, provided $2,000,000 of such
amount shall be transferred to the Connecticut
Home Care Program and $1,200,000 of such amount
shall be transferred to the Department of Labor
for customized job training programs.
(e) The unexpended balance of funds
appropriated to the Department of Social Services
in section 54 of public act 93-80, and carried
forward by said section 54, section 30 of public
act 94-1 of the May special session, section 58 of
special act 95-12, and section 30 of special act
96-8, for buy-back of certificates of need, shall
not lapse on June 30, 1997, and shall continue to
be available for expenditure during the fiscal
year ending June 30, 1998.
(f) The unexpended balance of funds
transferred by the Finance Advisory Committee
during the fiscal year ending June 30, 1997, to
the Services for Persons with Disabilities account
within the Department of Social Services, shall
not lapse on June 30, 1997, and such funds shall
continue to be available for expenditure during
the fiscal year ending June 30, 1998.
(g) The unexpended balance of funds
appropriated to the Department of Social Services
in section 11 of special act 95-12, as amended by
section 1 of special act 96-8, for Blood Tests in
Paternity Actions, shall not lapse on June 30,
1997, and such funds shall continue to be
available for expenditure during the fiscal year
ending June 30, 1998.
(h) Payments made by the Department of Social
Services, for the fiscal year ending June 30,
1998, for the Emergency Assistance for Families
program shall be made from the appropriations to
said department for General Assistance.
(i) Up to $1,000,000 of the funds appropriated
to the Board of Education and Services for the
Blind in section 11 of special act 95-12, as
amended by section 1 of special act 96-8, for
Vocational Rehabilitation, shall not lapse on June
30, 1997, and such funds shall continue to be
available for expenditure during the fiscal year
ending June 30, 1998.
(j) During the fiscal year ending June 30,
1998, and during the fiscal year ending June 30,
1999, $30,000 of the amount appropriated to the
Department of Education, for Education
Equalization Grants, shall be transferred to the
State Library, for Personal Services.
(k) Notwithstanding the provisions of section
12-20a of the general statutes, if the
appropriation in section 1 or 11 of special act
97-21 exceeds the total amount of grants payable
under said section 12-20a, the amount of grant
payable to each municipality in accordance with
the provisions of said section 12-20a shall be
increased proportionately.
Sec. 53. Section 19a-341 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Notwithstanding any general statute or
municipal ordinance or regulation pertaining to
nuisances to the contrary, no agricultural or
farming operation, place, establishment or
facility, or any of its appurtenances, or the
operation thereof, shall be deemed to constitute a
nuisance, either public or private, due to alleged
objectionable (1) odor from livestock, manure,
fertilizer or feed, (2) noise from livestock or
farm equipment used in normal, generally
acceptable farming procedures, (3) dust created
during plowing or cultivation operations, (4) use
of chemicals, provided such chemicals and the
method of their application conform to practices
approved by the Commissioner of Environmental
Protection or, where applicable, the Commissioner
of Public Health, or (5) water pollution from
livestock or crop production activities, except
the pollution of public or private drinking water
supplies, provided such activities conform to
acceptable management practices for pollution
control approved by the Commissioner of
Environmental Protection; provided such
agricultural or farming operation, place,
establishment or facility has been in operation
for one year or more and has not been
substantially changed, and such operation follows
generally accepted agricultural practices.
Inspection and approval of the agricultural or
farming operation, place, establishment or
facility by the Commissioner of Agriculture or his
designee shall be prima facie evidence that such
operation follows generally accepted agricultural
practices.
(b) NOTWITHSTANDING ANY GENERAL STATUTE OR
MUNICIPAL ORDINANCE OR REGULATION PERTAINING TO
NUISANCES, NO OPERATION TO COLLECT SPRING WATER OR
WELL WATER, AS DEFINED IN SECTION 21a-150, SHALL
BE DEEMED TO CONSTITUTE A NUISANCE, EITHER PUBLIC
OR PRIVATE, DUE TO ALLEGED OBJECTIONABLE NOISE
FROM EQUIPMENT USED IN SUCH OPERATION PROVIDED THE
OPERATION (1) CONFORMS TO GENERALLY ACCEPTED
PRACTICES FOR THE COLLECTION OF SPRING WATER OR
WELL WATER, (2) HAS RECEIVED ALL APPROVALS OR
PERMITS REQUIRED BY LAW, AND (3) COMPLIES WITH THE
LOCAL ZONING AUTHORITY'S TIME, PLACE AND MANNER
RESTRICTIONS ON OPERATIONS TO COLLECT SPRING WATER
OR WELL WATER.
[(b)] (c) The provisions of this section shall
not apply whenever a nuisance results from
negligence or wilful or reckless misconduct in the
operation of any such agricultural or farming
operation, place, establishment or facility, or
any of its appurtenances.
Sec. 54. Subsection (c) of section 10-266j of
the general statutes, as amended by public act
97-318, is repealed and the following is
substituted in lieu thereof:
(c) (1) Each sending district shall receive,
from the amount appropriated for interdistrict
cooperative program grants pursuant to section
10-74d, for each child participating in an
intercommunity program under this section which
has been approved by the State Board of Education,
an amount equal to [three] SEVEN hundred [fifty]
dollars for each such pupil. (2) Each school
district which transports such children under an
agreement made pursuant to this section shall be
eligible to receive for each such pupil
transported from one school district to another
school district, from the amount so appropriated
for interdistrict cooperative program grants
pursuant to section 10-74d, an amount equal to the
reasonable cost of transporting each such child.
(3) Notwithstanding any provision of this chapter
to the contrary, each sending district shall
divide the number of children participating in the
program by two for purposes of the counts for
subdivision (22) of section 10-262f and
subdivision (2) of subsection (a) of section
10-261. Each receiving district shall divide the
number of children participating in the program by
two for purposes of the counts pursuant to said
subdivisions. (4) The total amount of the grants
pursuant to subdivisions (1) and (2) of this
subsection shall not exceed [seven] NINE hundred
thousand dollars.
Sec. 55. Subsection (a) of section 17a-506 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Any hospital for psychiatric disabilities
may receive for observation and treatment any
person who in writing requests to be received; but
no such person shall be confined in any such
hospital for psychiatric disabilities [mental
illness] for more than [five days, excluding
Saturdays, Sundays and holidays] THREE BUSINESS
DAYS, after he or she has given notice in writing
of his or her desire to leave, unless an
application for commitment has been filed in a
court of competent jurisdiction. Such person shall
be informed at the time of such admission
concerning such patient's ability to leave after
[five] THREE days notice pursuant to this
subsection and shall also be informed that an
application may be filed under subsection (e) of
this section in which case such patient's ability
to leave may be delayed in accordance with the
provisions of said subsection.
Sec. 56. Section 3 of public act 97-310 is
repealed and the following is substituted in lieu
thereof:
(a) There is established a task force to
[study the feasibility of a standardized, unified
police pursuit] DEVELOP A UNIFORM, STATE-WIDE
policy AND PROCEDURES FOR HANDLING PURSUITS BY LAW
ENFORCEMENT OFFICERS within the state.
(b) The task force shall consist of the
following members: (1) Two APPOINTED BY THE
GOVERNOR, ONE OF WHOM SHALL BE A MEMBER OF THE
CONNECTICUT POLICE CHIEFS ASSOCIATION AND ONE OF
WHOM SHALL BE KNOWLEDGEABLE IN TRAFFIC SAFETY; (2)
ONE appointed by the speaker of the House of
Representatives; [(2) two] (3) ONE appointed by
the president pro tempore of the Senate; [(3)] (4)
one appointed by the majority leader of the House
of Representatives; [(4)] (5) one appointed by the
majority leader of the Senate; [(5) two] (6) ONE
appointed by the minority leader of the House of
Representatives; [and (6) two] (7) ONE appointed
by the minority leader of the Senate; (8) THE
CHAIRPERSONS AND RANKING MEMBERS OF THE PUBLIC
SAFETY COMMITTEE; AND (9) THE COMMISSIONER OF
PUBLIC SAFETY.
(c) Any member of the task force appointed
under subdivision (1), (2), (3), (4), (5), [or]
(6) OR (7) 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
PUBLIC SAFETY COMMITTEE SHALL SERVE AS 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 joint
standing committee of the General Assembly having
cognizance of matters relating to public safety
shall serve as administrative staff of the task
force.
(g) Not later than January 1, 1998, 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 public safety, 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 January 1,
1998, whichever is earlier.
Sec. 57. Section 12-202a of the general
statutes is repealed and the following is
substituted in lieu thereof:
Each health care center, as defined in section
38a-175, shall pay a tax to the Commissioner of
Revenue Services for the calendar year commencing
on January 1, 1995, and annually thereafter, at
the rate of one and three-quarters per cent of the
total net direct subscriber charges received on
any new or renewal contract or policy by such
health care center during each such calendar year,
which shall be in addition to any other payment
required under section 38a-48, EXCEPT THAT THE TAX
SHALL NOT APPLY TO ANY NEW OR RENEWAL CONTRACT OR
POLICY ENTERED INTO WITH THE STATE ON OR AFTER
JULY 1, 1997, TO PROVIDE HEALTH CARE COVERAGE TO
STATE EMPLOYEES, RETIREES AND THEIR DEPENDENTS.
THE TAX SHALL ALSO NOT APPLY TO SUBSCRIBER CHARGES
RECEIVED FROM THE FEDERAL GOVERNMENT TO PROVIDE
COVERAGE FOR MEDICARE PATIENTS. The provisions of
this chapter pertaining to the filing of returns,
declarations, instalment payments, assessments and
collection of taxes, penalties, administrative
hearings and appeals imposed on domestic insurance
companies shall apply with respect to the charge
imposed under this section.
Sec. 58. Subsection (b) of section 64 of
public act 97-310 is amended to read as follows:
(b) The task force shall consist of the
following members: (1) The chairmen and ranking
members of the joint standing committee of the
General Assembly having cognizance of matters
relating to appropriations and the budgets of
state agencies, or their designees; (2) two deaf
persons appointed by the chairmen of the joint
standing committee of the General Assembly having
cognizance of matters relating to appropriations
and the budgets of state agencies; (3) the
chairmen and ranking members of the joint standing
committee of the General Assembly having
cognizance of matters relating to human services,
or their designees; (4) two deaf persons appointed
by the chairmen of the joint standing committee of
the General Assembly having cognizance of matters
relating to human services; (5) the Labor
Commissioner, or his designee; (6) the
Commissioner of Social Services, or his designee;
(7) the Executive Director of the Commission on
the Deaf and Hearing Impaired, or his designee;
(8) the coordinator of interpreting services for
the Commission on the Deaf and Hearing Impaired,
or his designee; (9) a representative of AFSCME;
(10) the president of the Connecticut Association
of the Deaf, or his designee; (11) the Director of
Career Education for the Deaf at Northwestern
Community College, or his designee; (12) a deaf
interpreter certified by the National Registry of
Interpreters for the Deaf and Hearing Impaired;
(13) two deaf members of the Commission on the
Deaf and Hearing Impaired; (14) a representative
of the Time to be Heard Organization; (15) the
president of the Connecticut Chapter of the
Registry of Interpreters for the Deaf, or his
designee; [and] (16) a representative of the
Office of Policy and Management; (17) ONE MEMBER
APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE
SENATE; (18) ONE MEMBER APPOINTED BY THE MAJORITY
LEADER OF THE SENATE; (19) ONE MEMBER APPOINTED BY
THE MINORITY LEADER OF THE SENATE; (20) ONE MEMBER
APPOINTED BY THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES; (21) ONE MEMBER APPOINTED BY THE
MAJORITY LEADER OF THE HOUSE OF REPRESENTATIVES;
AND (22) ONE MEMBER APPOINTED BY THE MINORITY
LEADER OF THE HOUSE OF REPRESENTATIVES.
Sec. 59. Section 4 of public act 97-294 is
repealed and the following is substituted in lieu
thereof:
Notwithstanding the provisions of subsection
(b) of section 5-200c of the general statutes [,]
AND section 4A of the agreement between the state
and the State Coalition on Pay Equity as approved
by the General Assembly on April 19, 1994, [shall
not apply to any employee (1) who, on the
effective date of this act, is employed by the
Division of Public Defender Services or is a
member of the Division of Criminal Justice
prosecutors bargaining unit and (2) whose annual
salary for fiscal year 1995-96 under such
agreement is lower than it would have been under
the pay plan applicable to such employee prior to
implementation of the agreement. On the first
regular pay day following the effective date of
this act, the state shall pay each such employee
the total amount of the difference between the
salary paid to him in fiscal years 1995-96 and
1996-97 and the salary he would have been paid for
such years under the prior pay plan] THE SUM OF
$175,000 SHALL BE ALLOTTED TO THE DIVISION OF
CRIMINAL JUSTICE AND THE SUM OF $101,000 SHALL BE
ALLOTTED TO THE DIVISION OF PUBLIC DEFENDER
SERVICES, FROM THE RESERVE FOR SALARY ADJUSTMENT
ACCOUNT, TO ELIMINATE WAGE INEQUITIES TO MEMBERS
OF THE CONNECTICUT PROSECUTORS, AFSCME LOCAL 1437,
AND TO PUBLIC DEFENDERS RESULTING FROM THE
APPLICATION OF SAID AGREEMENT.
Sec. 60. Section 52-261 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Except as provided in section 52-261a, each
officer or person who serves process, summons or
attachments shall receive a fee of not more than
twenty dollars for each process served and an
additional fee of ten dollars for the second and
each subsequent defendant upon whom the process is
served. Each such officer or person shall also
receive [twenty-one cents] THE FEE SET BY THE
DEPARTMENT OF ADMINISTRATIVE SERVICES FOR STATE
EMPLOYEES for each mile of travel, to be computed
from the place where he received the process to
the place of service, and thence in the case of
civil process to the place of return. If more than
one process is served on one person at one time by
any such officer or person, the total cost of
travel for the service shall be the same as for
the service of one process only. Each officer or
person who serves process shall also receive the
moneys actually paid for town clerk's fees on the
service of process. Any officer or person required
to summon jurors by personal service of a warrant
to attend court shall receive for the first ten
miles of travel while so engaged, such mileage to
be computed from the place where he receives the
process to the place of service, twenty-five cents
for each mile, and for each additional mile, ten
cents. For summoning any juror to attend court
otherwise than by personal service of the warrant,
such officer or person shall receive only the sum
of fifty cents and actual disbursements
necessarily expended by him in making service
thereof as directed. Notwithstanding the
provisions of this section, for summoning grand
jurors, such officer or person shall receive only
his actual expenses and such reasonable sum for
services as are taxed by the court. The following
fees shall be allowed and paid: (1) For taking
bail or bail bond, one dollar; (2) for copies of
writs and complaints, exclusive of endorsements,
one dollar per page, not to exceed a total amount
of nine hundred dollars in any particular matter;
(3) for endorsements, forty cents per page or
fraction thereof; (4) for service of a warrant for
the seizure of intoxicating liquors, or for
posting and leaving notices after the seizure, or
for the destruction or delivery of any such
liquors under order of court, twenty dollars; (5)
for the removal and custody of such liquors so
seized, reasonable expenses, and twenty dollars;
(6) for levying an execution, when the money is
actually collected and paid over, or the debt
secured by the officer to the acceptance of the
creditor, ten per cent on the amount of the
execution, provided the minimum fee for such
execution shall be twenty dollars; (7) on the levy
of an execution on real property and on
application for sale of personal property
attached, to each appraiser, for each half day of
actual service, reasonable and customary expenses;
(8) for causing an execution levied on real
property to be recorded, fees for travel, twenty
dollars and costs; (9) for services on an
application for the sale of personal property
attached, or in selling mortgaged property
foreclosed under a decree of court, the same fees
as for similar services on executions; (10) for
committing any person to a community correctional
center, in civil actions, twenty-one cents a mile
for travel, from the place of the court to the
community correctional center, in lieu of all
other expenses; and (11) for summoning and
attending a jury for reassessing damages or
benefits on a highway, three dollars a day. The
court shall tax as costs a reasonable amount for
the care of property held by any officer under
attachment or execution. The officer serving any
attachment or execution may claim compensation for
time and expenses of any person, in keeping,
securing or removing property taken thereon,
provided he shall make out a bill. The bill shall
specify the labor done, and by whom, the time
spent, the travel, the money paid, if any, and to
whom and for what. The compensation for the
services shall be reasonable and customary and the
amount of expenses and shall be taxed by the court
with the costs.
Sec. 61. Subsection (b) of section 16-50v of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) (1) Before December thirty-first of each
year, the council shall review the anticipated
amount of expenses attributable to energy
facilities for the next fiscal year, excluding
expenses under subsection (c), (d), (e), (g) or
(h) of this section at a public meeting, notice of
which shall be given to each person subject to
assessment under this subsection, and at which
interested persons shall be heard. After the
meeting, the council shall determine the
anticipated amount of such expenses and submit its
determination to the joint standing committee of
the General Assembly having cognizance of
appropriations and the budgets of state agencies.
After the committee completes its review, the
council shall apportion and assess the anticipated
amount of expenses among those persons having
gross revenue from the sale of electric power at
retail in the state in excess of one hundred
thousand dollars during the preceding calendar
year, in the proportion which the gross revenue of
each such person bears to the aggregate gross
revenues of all such persons. Each such person
shall pay the assessment in three equal
instalments on or before July thirty-first,
October thirty-first, and January thirty-first of
the fiscal year. During the fiscal year the
council may further apportion and assess the
additional amount of such expenses as could not
reasonably have been anticipated prior to the
fiscal year, apportioned in the same manner after
notice and hearing in the same manner. The total
of such assessments for any fiscal year shall not
exceed one million dollars. No proceeds from any
assessment under this subsection may be used by
the council after June 30, 1984, for any
proceedings concerning hazardous waste facilities.
(2) As used in this subdivision,
"communications services" means services involving
transmitting or receiving signals in the
electromagnetic spectrum for a public or
commercial purpose pursuant to a Federal
Communications Commission license. Before December
thirty-first of each year, the council shall
review the anticipated amount of administrative
expenses attributable to facilities used for
providing communications services for the next
fiscal year, excluding expenses under subsection
(c), (d), (e), (g) or (h) of this section, at a
public meeting, notice of which shall be given to
each person subject to assessment under this
subsection, and at which interested persons shall
be heard. After the meeting, the council shall
determine the anticipated amount of such expenses
and submit its determination to the joint standing
committee of the General Assembly having
cognizance of matters relating to appropriations
and the budgets of state agencies. Upon
notification of the council, the Commissioner of
Revenue Services shall apportion and assess the
anticipated amount of expenses [equally] EQUITABLY
IN PROPORTION TO THE FREQUENCY OF APPEARANCE, THE
DEGREE OF REGULATION REQUIRED AND THE PERCENTAGE
OF THE COUNCIL'S WORKLOAD, among those persons
which provide communications services [,] AND have
come before the council in the preceding calendar
year. [and have gross revenue from the sale of
communications services at retail in the state in
excess of one hundred thousand dollars during the
preceding calendar year.] Each such person shall
pay the assessment and submit a return, on a form
prescribed by the commissioner, to the
Commissioner of Revenue Services in four equal
instalments, on or before July 1, 1994, and July
thirty-first of each year thereafter, October 31,
1994, and October thirty-first of each year
thereafter, January 31, 1995, and January
thirty-first of each year thereafter, and April
30, 1995, and April thirtieth of each year
thereafter. The commissioner shall transfer all
payments received pursuant to this section to the
Treasurer who shall credit such payments to the
Siting Council Fund. Such payments shall be
considered administrative expenses recovered from
communications services providers.
Sec. 62. Public act 97-199 shall take effect
July 1, 1997.
Sec. 63. Section 11 of public act 97-4 of the
June 18 special session is repealed and the
following is substituted in lieu thereof:
[This act] PUBLIC ACT 97-4 OF THE JUNE 18
SPECIAL SESSION shall take effect from its passage
except that (1) section 1 shall be applicable to
income years commencing on or after January 1,
1997; (2) section 5 shall be applicable to sales
occurring on or after January 1, 1997; (3)
[section 3] SECTIONS 3 AND 4 shall take effect
October 1, 1997; and (4) sections 2 [, 4] and 10
shall take effect October 1, 1998.
Sec. 64. Sections 40, 46 and 80 of special act
97-21 and sections 10-287g and 10-287h of the
general statutes are repealed.
Sec. 65. This act shall take effect from its
passage, except that sections 1 and 2, and
sections 12 to 55, inclusive, 57 to 60, inclusive,
and 62 to 64, inclusive, shall take effect July 1,
1997, and section 61 shall apply to assessments
made on or after January 1, 1997.
Approved June 27, 1997