Substitute House Bill No. 5832
An Act Reforming The Sheriff System.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 6-32d of the general statutes is repealed and the following is substituted in lieu thereof:
(a) Except as otherwise agreed between the advisory board and the Department of Correction or other appropriate agency as of April 12, 2000, the responsibility for transportation and custody of prisoners shall be assumed as follows:
(1) [Each high sheriff] The Judicial Department shall be responsible for the transportation of male prisoners between courthouses [within his county] and: (A) Community correction centers, until sentencing; (B) other places of confinement after arraignment and until sentencing; and (C) the place of initial confinement, after sentencing. In addition, [each high sheriff] the Judicial Department shall be responsible for the transportation of adult female prisoners between courthouses [within his county] and community correction centers, not including the correctional institution at Niantic. If such transportation is in other than state vehicles, the owner of the vehicle used shall be reimbursed by the state at the rate then established for state employees within the Office of Policy and Management.
(2) The Department of Correction shall be responsible for the transportation of adult female prisoners between places of confinement and either courthouses or community correction centers, at the discretion of the Commissioner of Correction. In the transportation of prisoners between courthouses and community correctional centers, there shall be complete separation of male and female prisoners.
[(3) Each high sheriff shall be responsible for the custody of prisoners at courthouses within his county, except that the]
(3) The Judicial Department shall be responsible for the custody of prisoners at courthouses, except that the local police operating any lockup which is designated by the Chief Court Administrator as a courthouse lockup shall be responsible for the custody of prisoners within that lockup. In addition, if such designated lockup is not in the same building as the courthouse serviced by it, the local police operating such designated lockup shall be responsible for escorting prisoners from the lockup to the courthouse. The town in which such a designated lockup is located shall be reimbursed pursuant to section 7-135a.
(4) In Hartford County, the Lafayette Street courthouse shall be used as housing for persons arrested by the police department of the city of Hartford and held for presentment at the next session of the court pursuant to the following terms and conditions: (A) No arrestees shall be admitted or released directly to or from the lockup, and no social visits shall be permitted at the lockup; (B) all processing and booking shall be accomplished by the police department of the city of Hartford at its booking facility; (C) after arrival at the lockup and prior to arraignment, the release of any arrestee, with or without bond, shall be accomplished by the police department of the city of Hartford from its booking facility; and (D) the [high sheriff of Hartford County] Judicial Department shall be responsible for the operation of the lockup at the Lafayette Street courthouse and the transportation of arrestees prior to arraignment from the Morgan Street facility or other booking facility of the police department of the city of Hartford.
(b) The Judicial Department shall employ judicial marshals for prisoner custody and transportation responsibilities pursuant to this section. The Chief Court Administrator may establish employment standards and implement appropriate training programs to assure secure prisoner custody and transportation. Such standards and programs shall be in force and effect by December 1, 2000. Any property used by the sheriffs for prisoner transportation shall be transferred to the Judicial Department.
(c) The Judicial Department shall enter into an agreement with state agencies for the management, training or coordination, or any combination thereof of courthouse security and prisoner custody and transportation functions.
Sec. 2. (NEW) The Judicial Department shall be responsible for courthouse security and shall employ judicial marshals for such purpose. The Chief Court Administrator may establish employment standards and implement appropriate training programs to assure court security. Any property used by the sheriffs for court security shall be transferred to the Judicial Department. The Chief Court Administrator shall be responsible for the custody, care and control of courthouse facilities.
Sec. 3. (NEW) After the effective date of this act, the Chief Court Administrator shall require an applicant for employment as a judicial marshal pursuant to sections 1 and 2 of this act to submit to a criminal record background investigation, to be conducted by the Department of Public Safety and the Federal Bureau of Investigation. The applicant shall pay all processing fees incurred for such investigation.
Sec. 4. Subdivision (9) of section 53-278a of the general statutes is repealed and the following is substituted in lieu thereof:
(9) "Peace officer" means a municipal or state police officer [, sheriff, deputy sheriff] or chief inspector or inspector in the Division of Criminal Justice or state marshal while exercising authority granted under any provision of the general statutes or judicial marshal in the performance of the duties of a judicial marshal.
Sec. 5. Subdivision (9) of section 53a-3 of the general statutes is repealed and the following is substituted in lieu thereof:
(9) "Peace officer" means a member of the Division of State Police within the Department of Public Safety or an organized local police department, a chief inspector or inspector in the Division of Criminal Justice, [a sheriff, deputy sheriff or special deputy sheriff] a state marshal while exercising authority granted under any provision of the general statutes, a judicial marshal in the performance of the duties of a judicial marshal, a conservation officer or special conservation officer, as defined in section 26-5, a constable who performs criminal law enforcement duties, a special policeman appointed under section 29-18, 29-18a or 29-19, an adult probation officer, appointed under section 54-104, an official of the Department of Correction authorized by the Commissioner of Correction to make arrests in a correctional institution or facility, any investigator in the investigations unit of the Office of the State Treasurer or any special agent of the federal government authorized to enforce the provisions of Title 21 of the United States Code.
Sec. 6. Section 54-1f of the general statutes is repealed and the following is substituted in lieu thereof:
(a) For purposes of this section, the respective precinct or jurisdiction of a [deputy sheriff or a special deputy sheriff] state marshal or judicial marshal shall be wherever he is required to perform his duties. Peace officers, as defined in subdivision (9) of section 53a-3, in their respective precincts, shall arrest, without previous complaint and warrant, any person for any offense in their jurisdiction, when the person is taken or apprehended in the act or on the speedy information of others, provided that no constable elected pursuant to the provisions of section 9-200 shall be considered a peace officer for the purposes of this subsection, unless the town in which such constable holds office provides, by ordinance, that constables shall be considered peace officers for the purposes of this subsection.
(b) Members of the Division of State Police within the Department of Public Safety or of any local police department or any chief inspector or inspector in the Division of Criminal Justice shall arrest, without previous complaint and warrant, any person who the officer has reasonable grounds to believe has committed or is committing a felony.
(c) Members of any local police department or the Office of State Capitol Police [, sheriffs, deputy sheriffs, special deputy sheriffs] and constables and state marshals who are certified under the provisions of sections 7-294a to 7-294e, inclusive, and who perform criminal law enforcement duties, when in immediate pursuit of one who may be arrested under the provisions of this section, are authorized to pursue the offender outside of their respective precincts into any part of the state in order to effect the arrest. Such person may then be returned in the custody of such officer to the precinct in which the offense was committed.
(d) Any person arrested pursuant to this section shall be presented with reasonable promptness before proper authority.
Sec. 7. (NEW) (a) "State marshal" means a qualified deputy sheriff incumbent on June 30, 2000, under section 6-38 of the general statutes, as amended by this act, or appointed pursuant to section 8 of this act who shall have authority to provide legal execution and service of process in the counties in this state pursuant to section 6-38 of the general statutes, as amended by this act, as an independent contractor compensated on a fee for service basis, determined, subject to any minimum rate promulgated by the state, by agreement with an attorney, court or public agency requiring execution or service of process.
(b) Any state marshal, shall, in the performance of execution or service of process functions, have the right of entry on private property and no such person shall be personally liable for damage or injury, not wanton, reckless or malicious, caused by the discharge of such functions.
Sec. 8. (NEW) (a) There is established a State Marshal Commission which shall consist of eight members appointed as follows: (1) The Chief Justice shall appoint one member who shall be a judge of the Superior Court; (2) the speaker of the House of Representatives, the president pro tempore of the Senate, the majority and minority leaders of the House of Representatives and the majority and minority leaders of the Senate shall each appoint one member; and (3) the Governor shall appoint one member who shall serve as chairperson. No member of the commission shall be a state marshal, except that two state marshals appointed by the State Marshals Advisory Board in accordance with section 146 of this act shall serve as ex officio, nonvoting members of the commission.
(b) The chairperson shall serve for a three-year term and all appointments of members to replace those whose terms expire shall be for terms of three years.
(c) No more than four of the members, other than the chairperson may be members of the same political party. Of the seven nonjudicial members, other than the chairperson, at least three shall not be members of the bar of any state.
(d) If any vacancy occurs on the commission, the appointing authority having the power to make the initial appointment under the provisions of this section shall appoint a person for the unexpired term in accordance with the provisions of this section.
(e) Members shall serve without compensation but shall be reimbursed for actual expenses incurred while engaged in the duties of the commission.
(f) The commission shall establish professional standards, including training requirements and minimum fees for execution and service of process. Such standards and requirements shall be in force and effect by December 1, 2000.
(g) Any vacancy in the position of state marshal in any county as provided in section 6-38, as amended by this act, shall be filled by the commission with an applicant who shall be an elector in the county where such vacancy occurs. Any applicant for such vacancy shall be subject to the application and investigation requirements of the commission.
(h) Except as provided in section 142 of this act, no person may be a state marshal and a state employee at the same time.
(i) No state marshal may be removed except by order of the commission for cause after due notice and hearing.
(j) The commission may adopt such rules as it deems necessary for conduct of its internal affairs and for the application and investigation requirements for filling vacancies in the position of state marshal.
(k) The commission shall be an autonomous body within the Judicial Department for fiscal and budgetary purposes only.
Sec. 9. Section 6-38 of the general statutes is repealed and the following is substituted in lieu thereof:
The number of [deputy sheriffs] state marshals to be appointed for Hartford County shall not exceed seventy-two; for New Haven County, sixty-two; for New London County, thirty-eight; for Fairfield County, fifty-five; for Windham County, eighteen; for Litchfield County, thirty; for Middlesex County, twenty-one; for Tolland County, twenty-two. [In addition to such number, sheriffs may appoint each other as a deputy in their respective counties and on special occasions may depute any proper person to execute any process. No person not a citizen of this state shall be appointed a deputy sheriff.]
Sec. 10. (NEW) The Chief Court Administrator shall employ, within available appropriations for such purpose, such staff as are necessary to support the transferred functions of the county sheriff system. The Chief Court Administrator shall first offer such employment to qualified persons employed in the administration of the county sheriff system on July 1, 2000.
Sec. 11. Section 6-43 of the general statutes is repealed and the following is substituted in lieu thereof:
[In case of riot or civil commotion or reasonable apprehension thereof, or when he deems it necessary for the prevention or investigation of crime, or when needed for attendance at court, the sheriff of any county may appoint special deputy sheriffs in such numbers as he deems necessary. Special deputy sheriffs shall be sworn to the faithful performance of their duties and, having been so sworn, shall have all the powers of the sheriff as provided by law, except as to service of civil process; and such special deputies shall continue to hold their office as long as the term of office of the sheriff appointing them, unless sooner removed for just cause after due notice and hearing.] From July 1, 1997, to June 30, 1999, special deputy sheriffs shall be subject to the provisions of chapter 68, except that said special deputies shall not be allowed to petition the [State Labor Board] Connecticut State Board of Labor Relations to form a bargaining unit prior to July 1, 1999. On and after July 1, 1999, special deputy sheriffs shall be subject to the provisions of chapters 66 to 68, inclusive.
Sec. 12. Section 6-35 of the general statutes is repealed and the following is substituted in lieu thereof:
Any [sheriff or deputy sheriff] state marshal shall pay over to the person authorized to receive it, any money collected by [him] such marshal on behalf or on account of such person, within [ninety] thirty calendar days from the date of collection of the money or upon the collection of one thousand dollars, whichever first occurs, provided any [sheriff or deputy sheriff] state marshal who fails to pay over to the person authorized to receive it, any money collected by [him] such marshal on behalf or for the account of such person, within [ninety] thirty calendar days from the date of collection of the money or upon the collection of one thousand dollars, shall be liable to such person for the payment of interest on the money at the rate of five per cent per month from the date on which such [sheriff or deputy sheriff] state marshal received the money.
Sec. 13. Subsection (k) of section 1-79 of the general statutes, as amended by public act 99-56, is repealed and the following is substituted in lieu thereof:
(k) "Public official" means any state-wide elected officer, any member or member-elect of the General Assembly, any person appointed to any office of the legislative, judicial or executive branch of state government by the Governor or an appointee of the Governor, with or without the advice and consent of the General Assembly, [any sheriff or deputy sheriff,] any person appointed or elected by the General Assembly or by any member of either house thereof, and any member or director of a quasi-public agency, but shall not include a member of an advisory board, a judge of any court either elected or appointed or a senator or representative in Congress.
Sec. 14. Subsections (a) and (b) of section 1-83 of the general statutes are repealed and the following is substituted in lieu thereof:
(a) (1) All state-wide elected officers, members of the General Assembly, department heads and their deputies, members of the Gaming Policy Board, the executive director of the Division of Special Revenue within the Department of Revenue Services, members or directors of each quasi-public agency, [sheriffs and deputy sheriffs] state marshal and such members of the Executive Department and such employees of quasi-public agencies as the Governor shall require, shall file, under penalty of false statement, a statement of financial interests for the preceding calendar year with the commission on or before the May first next in any year in which they hold such a position. Any such individual who leaves his office or position shall file a statement of financial interests covering that portion of the year during which he held his office or position. The commission shall notify such individuals of the requirements of this subsection within thirty days after their departure from such office or position. Such individuals shall file such statement within sixty days after receipt of the notification.
(2) Each state agency, department, board and commission shall develop and implement, in cooperation with the Ethics Commission, an ethics statement as it relates to the mission of the agency, department, board or commission. The executive head of each such agency, department, board or commission shall be directly responsible for the development and enforcement of such ethics statement and shall file a copy of such ethics statement with the Department of Administrative Services and the Ethics Commission.
(b) (1) The statement of financial interests, except as provided in subdivision (2) of this subsection, shall include the following information for the preceding calendar year in regard to the individual required to file the statement and his spouse and dependent children residing in the individual's household: (A) The names of all businesses with which associated; (B) the category or type of all sources of income in excess of one thousand dollars, amounts of income shall not be specified; (C) the name of securities in excess of five thousand dollars at fair market value owned by such individual, spouse or dependent children or held in the name of a corporation, partnership or trust for the benefit of such individual, spouse or dependent children; (D) the existence of any known blind trust and the names of the trustees; (E) all real property and its location, whether owned by such individual, spouse or dependent children or held in the name of a corporation, partnership or trust for the benefit of such individual, spouse or dependent children; (F) the names and addresses of creditors to whom the individual, his spouse or dependent children, individually, owed debts of more than ten thousand dollars; and (G) any leases or contracts with the state held or entered into by the individual or a business with which he was associated. (2) The statement of financial interests filed by [sheriffs and deputy sheriffs] state marshals shall include only amounts and sources of income earned in their capacity as [sheriffs or deputy sheriffs] state marshals.
Sec. 15. Section 1-102 of the general statutes is repealed and the following is substituted in lieu thereof:
No person, committee, association, organization or corporation shall employ any salaried commissioner or deputy commissioner of this state, [the sheriff of any county] or any person receiving a salary or pay from the state for services rendered and performed at Hartford, or shall give to any such person any advantage, aid, emolument, entertainment, money or other valuable thing for appearing for, in behalf of or in opposition to, any measure, bill, resolution or petition pending before the General Assembly or any committee thereof, or for advancing, supporting, advocating, or seeking to secure the passage, defeat or amendment of any such measure, bill, resolution or petition pending in or before the General Assembly or any committee thereof; nor shall any such salaried commissioner, deputy commissioner [, sheriff] or other person described in this section accept any such employment or perform any such service for another, or accept aid, emolument, entertainment, money, advantage or other valuable thing for or in consideration of any such service. Any person, committee, association, organization or corporation, or any such salaried commissioner, deputy commissioner [, sheriff] or person receiving a salary or pay from the state for services rendered and performed at Hartford, who violates any of the provisions of this section shall be fined not less than one hundred nor more than one thousand dollars. All complaints for the violation of this section shall be made to the state's attorney for the judicial district of New Britain, and he shall, upon proof of probable guilt being shown, cause the arrest of any such offender and present him or cause him to be presented for trial before the superior court for the judicial district of New Britain.
Sec. 16. Section 2-7 of the general statutes is repealed and the following is substituted in lieu thereof:
(a) Whenever the Governor, the members of the General Assembly or the president pro tempore of the Senate and the speaker of the House of Representatives call a special session of the General Assembly, the Secretary of the State shall give notice thereof by mailing a true copy of the call of such special session, by first class mail, evidenced by a certificate of mailing, to each member of the House of Representatives and of the Senate at his or her address as it appears upon the records of said secretary not less than ten nor more than fifteen days prior to the date of convening of such special session or by causing a true copy of the call to be delivered to each member by a [sheriff, deputy sheriff] state marshal, constable, state policeman or indifferent person at least twenty-four hours prior to the time of convening of such special session.
(b) Whenever the Secretary of the State is required to reconvene the General Assembly pursuant to article third of the amendments to the Constitution of Connecticut, said secretary shall give notice thereof by mailing a true copy of the call of such reconvened session, by first class mail, evidenced by a certificate of mailing, to each member of the House of Representatives and of the Senate at his or her address as it appears upon the records of said secretary not less than five days prior to the date of convening of such reconvened session or by causing a true copy of the call to be delivered to each member by a [sheriff, deputy sheriff] state marshal, constable, state policeman or indifferent person at least twenty-four hours prior to the time of convening of such reconvened session.
Sec. 17. Section 2-61 of the general statutes is repealed and the following is substituted in lieu thereof:
The Secretary of the State shall deliver five hundred copies of the revised statutes, of each supplement to the general statutes and of each revised volume thereof and three hundred fifty copies of each volume of the public acts and special acts to the State Library for its general purposes and for exchange with other states and libraries, and four hundred copies of the revised statutes, of each supplement, of each revised volume and of each volume of the public acts, and such additional number of each as the executive secretary of the Judicial Department certifies as necessary, for the use of any of the state-maintained courts, and one hundred fifty copies of each volume of the special acts to said executive secretary for distribution to state-maintained courts, and, to the several departments, agencies and institutions of the executive branch of the state government, as many copies of the revised statutes, of each supplement, of each revised volume and of each of the volumes of public acts and special acts as they require for the performance of their duties. He shall send free of charge one copy of the revised statutes, of each supplement to the general statutes, of each revised volume thereof and of each of the volumes of public acts and special acts to the Governor, Lieutenant Governor, Treasurer, Secretary of the State, Attorney General, Comptroller, Adjutant General, [each sheriff,] each town clerk, each probate court, the police department of each municipality having a regularly organized police force, each assistant to the Attorney General, and each county law library; and he shall supply free of charge one copy of the revised statutes to each member of the General Assembly at the first session in which he serves as a member and, at each session in which he serves, one copy of each revised volume thereof and of each supplement not previously supplied to him, such distribution of the statutes and supplements to be made within thirty days after the election or reelection of such member, and, following each session at which he serves, one volume of each of the public acts and special acts passed at such session; and to the clerks of the House and Senate, each, one copy of the revised statutes, of each revised volume thereof, of each supplement and one volume of each of the public acts and special acts for use in the clerks' office.
Sec. 18. Section 3-96 of the general statutes is repealed and the following is substituted in lieu thereof:
The Secretary shall keep in his office, for public inspection, a copy of the list of the judges and clerks of the Superior Court, and of the state's attorneys and [sheriffs] state marshals, with the date of their respective appointments and terms of service and shall, from time to time, add to said list the names of persons thereafter appointed or elected to the offices named. The Chief Court Administrator shall furnish the Secretary a certified list of the chief clerks, deputy chief clerks, clerks, deputy clerks and assistant clerks appointed by the judges of the Superior Court at their annual meeting, and any judge making an appointment to fill a vacancy shall, in like manner, certify to such appointment; and the chief clerk of the Superior Court in each judicial district shall notify the Secretary whenever a new appointment is made for the office of state's attorney for his judicial district. The Secretary shall, when requested, certify to the official character of the officers whose appointment is recorded as herein provided.
Sec. 19. Section 3-125 of the general statutes is repealed and the following is substituted in lieu thereof:
The Attorney General shall appoint a deputy, who shall be sworn to the faithful discharge of his duties and shall perform all the duties of the Attorney General in case of his sickness or absence. He shall appoint such other assistants as he deems necessary, subject to the approval of the Governor. The Attorney General may also appoint not more than four associate attorneys general who will serve at the pleasure of the Attorney General and will be exempt from the classified service. The Attorney General shall have general supervision over all legal matters in which the state is an interested party, except those legal matters over which prosecuting officers have direction. He shall appear for the state, the Governor, the Lieutenant Governor, the Secretary, the Treasurer and the Comptroller, and for all heads of departments and state boards, commissioners, agents, inspectors, committees, auditors, chemists, directors, harbor masters, [high sheriffs or their chief deputies, except in such matters for which high sheriffs or their chief deputies are insured or required to be insured by the general statutes,] and institutions and for the State Librarian in all suits and other civil proceedings, except upon criminal recognizances and bail bonds, in which the state is a party or is interested, or in which the official acts and doings of said officers are called in question, and for all members of the state House of Representatives and the state Senate in all suits and other civil proceedings brought against them involving their official acts and doings in the discharge of their duties as legislators, in any court or other tribunal, as the duties of his office require; and all such suits shall be conducted by him or under his direction. When any measure affecting the State Treasury is pending before any committee of the General Assembly, such committee shall give him reasonable notice of the pendency of such measure, and he shall appear and take such action as he deems to be for the best interests of the state, and he shall represent the public interest in the protection of any gifts, legacies or devises intended for public or charitable purposes. All legal services required by such officers and boards in matters relating to their official duties shall be performed by the Attorney General or under his direction. All writs, summonses or other processes served upon such officers and legislators shall, forthwith, be transmitted by them to the Attorney General. All suits or other proceedings by such officers shall be brought by the Attorney General or under his direction. He shall, when required by either house of the General Assembly or when requested by the president pro tempore of the Senate, the speaker of the House of Representatives, or the majority leader or the minority leader of the Senate or House of Representatives, give his opinion upon questions of law submitted to him by either of said houses or any of said leaders. He shall advise or give his opinion to the head of any executive department or any state board or commission upon any question of law submitted to him. He may procure such assistance as he may require. Whenever a trustee, under the provisions of any charitable trust described in section 45a-514, is required by statute to give a bond for the performance of his duties as trustee, the Attorney General may cause a petition to be lodged with the probate court of the district in which such trust property is situated, or where any of the trustees reside, for the fixing, accepting and approving of a bond to the state, conditioned for the proper discharge of the duties of such trust, which bond shall be filed in the office of such probate court. The Attorney General shall prepare a topical and chronological cross-index of all legal opinions issued by the office of the Attorney General and shall, from time to time, update the same.
Sec. 20. Subsections (c) and (d) of section 4-183 of the general statutes, as amended by public act 99-39 and section 24 of public act 99-215, are repealed and the following is substituted in lieu thereof:
(c) Within forty-five days after mailing of the final decision under section 4-180 or, if there is no mailing, within forty-five days after personal delivery of the final decision under said section, a person appealing as provided in this section shall serve a copy of the appeal on the agency that rendered the final decision at its office or at the office of the Attorney General in Hartford and file the appeal with the clerk of the superior court for the judicial district of New Britain or for the judicial district wherein the person appealing resides or, if that person is not a resident of this state, with the clerk of the court for the judicial district of New Britain. Within that time, the person appealing shall also serve a copy of the appeal on each party listed in the final decision at the address shown in the decision, provided failure to make such service within forty-five days on parties other than the agency that rendered the final decision shall not deprive the court of jurisdiction over the appeal. Service of the appeal shall be made by (1) United States mail, certified or registered, postage prepaid, return receipt requested, without the use of a [sheriff] state marshal or other officer, or (2) personal service by a proper officer or indifferent person making service in the same manner as complaints are served in ordinary civil actions. If service of the appeal is made by mail, service shall be effective upon deposit of the appeal in the mail.
(d) The person appealing, not later than fifteen days after filing the appeal, shall file or cause to be filed with the clerk of the court an affidavit, or the [sheriff's] state marshal's return, stating the date and manner in which a copy of the appeal was served on each party and on the agency that rendered the final decision, and, if service was not made on a party, the reason for failure to make service. If the failure to make service causes prejudice to any party to the appeal or to the agency, the court, after hearing, may dismiss the appeal.
Sec. 21. Subsection (d) of section 4-151 of the general statutes is repealed and the following is substituted in lieu thereof:
(d) If any person fails to respond to a subpoena, the Claims Commissioner may issue a capias, directed to [the sheriff of the county in which such person resides,] a state marshal to arrest such person and bring him before the Claims Commissioner to testify.
Sec. 22. Section 7-89 of the general statutes is repealed and the following is substituted in lieu thereof:
Constables shall have the [same] power in their towns to serve and execute all lawful process legally directed to them [as sheriffs have in their respective counties] and shall be liable [in the same manner] for any neglect or unfaithfulness in their office.
Sec. 23. Section 7-108 of the general statutes is repealed and the following is substituted in lieu thereof:
Each city and borough shall be liable for all injuries to person or property, including injuries causing death, when such injuries are caused by an act of violence of any person or persons while a member of, or acting in concert with, any mob, riotous assembly or assembly of persons engaged in disturbing the public peace, if such city or borough, or the police or other proper authorities thereof, have not exercised reasonable care or diligence in the prevention or suppression of such mob, riotous assembly or assembly engaged in disturbing the public peace. [Each city and borough shall be liable to the state for any sums paid for compensation or expenses of any sheriff, his deputy or other persons called upon to assist him, while engaged in preventing or suppressing any mob or riotous assembly, preserving the public peace or affording protection to any person or property endangered by any mob or riotous assembly or any assembly of persons engaged in disturbing the public peace, within such city or borough.] Any person claiming damages under this section from any city or borough shall give written notice to the clerk of the city or borough of such claim and of the injury upon which such claim is based, containing a general description of such injury and of the time, place and cause of its occurrence, within thirty days after the occurrence of such injury; and an administrator or executor seeking to recover damages for the death of a decedent whom he represents shall give such written notice within thirty days after his appointment; provided such notice shall be given not later than four months after the date of the injury so causing the death of the decedent whom he represents. The expense for which such city or borough is made liable to the state under the provisions of this section shall, if more than one municipal corporation is jointly responsible for the expense aforesaid, be assessed by the Secretary of the Office of Policy and Management, the Attorney General and the Comptroller, acting as a board of assessors. Such board of assessors may apportion such expense among the different municipal corporations so jointly responsible in such manner as to it seems just. An appeal from the action of such board of assessors may be taken to the superior court for the judicial district in which the appellant city or borough is situated, and, if the cities or boroughs concerned are located in different judicial districts, then such appeal may be taken to the superior court for that judicial district in which the city or borough concerned having the largest population according to the last-preceding census is located. The amount of such assessment against any city or borough for which it is liable to the state under the provisions of this section shall be certified to the clerk of such city or borough by the Comptroller as soon as such assessment is made, and the appeal from such assessment provided herein shall be taken by such city or borough within thirty days from the receipt by it of such certificate of assessment by the Comptroller.
Sec. 24. Section 8-129 of the general statutes is repealed and the following is substituted in lieu thereof:
The redevelopment agency shall determine the compensation to be paid to the persons entitled thereto for such real property and shall file a statement of compensation, containing a description of the property to be taken and the names of all persons having a record interest therein and setting forth the amount of such compensation, and a deposit as provided in section 8-130, with the clerk of the superior court for the judicial district in which the property affected is located. Upon filing such statement of compensation and deposit, the redevelopment agency shall forthwith cause to be recorded, in the office of the town clerk of each town in which the property is located, a copy of such statement of compensation, such recording to have the same effect as and to be treated the same as the recording of a lis pendens, and shall forthwith give notice, as hereinafter provided, to each person appearing of record as an owner of property affected thereby and to each person appearing of record as a holder of any mortgage, lien, assessment or other encumbrance on such property or interest therein (a), in the case of any such person found to be residing within this state, by causing a copy of such notice, with a copy of such statement of compensation, to be served upon each such person by a [sheriff, his deputy or a] state marshal constable or an indifferent person, in the manner set forth in section 52-57 for the service of civil process and (b), in the case of any such person who is a nonresident of this state at the time of the filing of such statement of compensation and deposit or of any such person whose whereabouts or existence is unknown, by mailing to each such person a copy of such notice and of such statement of compensation, by registered or certified mail, directed to his last-known address, and by publishing such notice and such statement of compensation at least twice in a newspaper published in the judicial district and having daily or weekly circulation in the town in which such property is located. Any such published notice shall state that it is notice to the widow or widower, heirs, representatives and creditors of the person holding such record interest, if such person is dead. If, after a reasonably diligent search, no last-known address can be found for any interested party, an affidavit stating such fact, and reciting the steps taken to locate such address, shall be filed with the clerk of the superior court and accepted in lieu of mailing to the last-known address. Not less than twelve days nor more than ninety days after such notice and such statement of compensation have been so served or so mailed and first published, the redevelopment agency shall file with the clerk of the superior court a return of notice setting forth the notice given and, upon receipt of such return of notice, such clerk shall, without any delay or continuance of any kind, issue a certificate of taking setting forth the fact of such taking, a description of all the property so taken and the names of the owners and of all other persons having a record interest therein. The redevelopment agency shall cause such certificate of taking to be recorded in the office of the town clerk of each town in which such property is located. Upon the recording of such certificate, title to such property in fee simple shall vest in the municipality, and the right to just compensation shall vest in the persons entitled thereto. At any time after such certificate of taking has been so recorded, the redevelopment agency may repair, operate or insure such property and enter upon such property, and take whatever action is proposed with regard to such property by the project area redevelopment plan. The notice referred to above shall state (a) that not less than twelve days nor more than ninety days after service or mailing and first publication thereof, the redevelopment agency shall file, with the clerk of the superior court of the judicial district in which such property is located, a return setting forth the notice given, (b) that upon receipt of such return such clerk shall issue a certificate for recording in the office of the town clerk of each town in which such property is located, (c) that upon the recording of such certificate, title to such property shall vest in the municipality, the right to just compensation shall vest in the persons entitled thereto and the redevelopment agency may repair, operate or insure such property and enter upon such property and take whatever action may be proposed with regard thereto by the project area redevelopment plan and (d) that such notice shall bind the widow or widower, heirs, representatives and creditors of each person named therein who then or thereafter may be dead. When any redevelopment agency acting in behalf of any municipality has acquired or rented real property by purchase, lease, exchange or gift in accordance with the provisions of this section, or in exercising its right of eminent domain has filed a statement of compensation and deposit with the clerk of the superior court and has caused a certificate of taking to be recorded in the office of the town clerk of each town in which such property is located as herein provided, any judge of such court may, upon application and proof of such acquisition or rental or such filing and deposit and such recording, order such clerk to issue an execution commanding [the sheriff of the county or his deputy] a state marshal to put such municipality and the redevelopment agency, as its agent, into peaceable possession of the property so acquired, rented or condemned. The provisions of this section shall not be limited in any way by the provisions of chapter 832.
Sec. 25. Section 9-173 of the general statutes is repealed and the following is substituted in lieu thereof:
In the election for Governor, Lieutenant Governor, Secretary of the State, Treasurer, Comptroller and Attorney General, the person receiving the greatest number of votes for each of said offices, respectively, shall be declared elected. If no person has a plurality of the votes for any of said offices, the General Assembly shall choose such officer. In the election for senator in Congress, the person receiving the greatest number of votes for such office shall be declared elected; but, if no person has a plurality of the votes for said office, the Governor may make a temporary appointment of a senator in Congress to serve for the ensuing two years unless the General Assembly directs a special election for a senator in Congress, to be held during said period, to fill the vacancy occasioned by such failure to elect. In all elections of representatives in Congress, [sheriffs,] state senators, state representatives and judges of probate, the person having the greatest number of votes shall be declared elected. Unless otherwise provided by law, in all municipal elections a plurality of the votes cast shall be sufficient to elect.
Sec. 26. Section 9-212 of the general statutes is repealed and the following is substituted in lieu thereof:
In case of a vacancy in the office of representative in Congress from any district, the Governor, except as otherwise provided by law, shall issue writs of election directed to the town clerks or assistant town clerks, in such district, ordering an election to be held on a day named, other than a Saturday or Sunday, to fill such vacancy, and shall cause them to be conveyed to [the sheriffs of the county or counties composing such district] a state marshal, who shall forthwith transmit an attested copy thereof to such clerks or assistant clerks. Such clerks or assistant clerks, on receiving such writs, shall warn elections to be held on the day appointed therein in the same manner as state elections are warned, which elections shall be organized and conducted as are state elections, and the vote shall be declared, certified, directed, deposited, returned and transmitted in the same manner as at a state election.
Sec. 27. Section 9-218 of the general statutes is repealed and the following is substituted in lieu thereof:
When there is no election of judge of probate in any district by reason of two or more having an equal and the highest number of votes, or when a new probate district is created and no provision made for the election of a judge thereof, or whenever it is shown to the Governor that a vacancy is about to exist in said office by reason of the resignation of the incumbent to take effect at a future time or by reason of constitutional limitation, or when there is a vacancy in said office, the Governor shall issue writs of election directed to the town clerk or clerks or assistant town clerk or clerks within such district, ordering an election to be held on a day named therein, other than a Saturday or Sunday, to fill such vacancy or impending vacancy, and transmit the same to [the sheriff of the county in which such district is situated] a state marshal. Such [sheriff] state marshal shall forthwith transmit them to such clerk or clerks, who, on receiving the same, shall warn elections to be held on the day appointed in such writs, in the same manner as state elections are warned. Such elections shall be organized and conducted, and the vote shall be declared and returns made, certified, directed, deposited and transmitted, in the same manner as at a state election. The Secretary of the State, Treasurer and Comptroller shall, within thirty days after any such election, count and declare the votes so returned, and notice shall be given to the person declared elected, in the same manner as is provided in the election of judges of probate at state elections. The Secretary of the State shall enter the returns in tabular form in books kept by him for that purpose and present a copy of the same, with the name of, and the total number of votes received by, each of the candidates for said office, to the Governor within ten days thereafter.
Sec. 28. Section 9-251 of the general statutes is repealed and the following is substituted in lieu thereof:
In the preparation of ballot labels for use at a state election precedence shall be given to the offices to be voted for at such election in the following descending order: Presidential electors, Governor and Lieutenant Governor, United States senator, representative in Congress, state senator, state representative, Secretary of the State, Treasurer, Comptroller, Attorney General [, sheriff] and judge of probate. In the preparation of ballot labels for use at a municipal election, unless otherwise provided by law, the order of the offices shall be as prescribed by the Secretary of the State, which order, so far as practicable, shall be uniform throughout the state.
Sec. 29. Section 9-301 of the general statutes is repealed and the following is substituted in lieu thereof:
The moderator of each election at which candidates for the offices of presidential electors, Governor, Lieutenant Governor, Secretary of the State, Treasurer, Comptroller, Attorney General, United States senator, representative at large, representative in Congress, [sheriff,] state senator, judge of probate and state representative are voted for shall make out and return to the Secretary of the State, with the list that he is required to send to said secretary under the provisions of section 9-314, a statement showing the number of ballots counted and returned to him by the checkers and counters.
Sec. 30. Subsection (a) of section 9-314 of the general statutes is repealed and the following is substituted in lieu thereof:
(a) The moderator of each state election in each town not divided into voting districts, and the head moderator in each town divided into voting districts shall make out a duplicate list of the votes given in his town for each of the following officers: Presidential electors, Governor, Lieutenant Governor, Secretary of the State, Treasurer, Comptroller, Attorney General, United States senator, representative in Congress, [sheriff,] state senator, judge of probate, state representative and registrars of voters when said officers are to be chosen. Included in said list shall be a statement of the total number of names on the official check list of such town and the total number checked as having voted. The moderator or head moderator, as the case may be, may transmit such list to the Secretary of the State by facsimile machine, provided the moderator shall also deliver one of such lists by hand in accordance with the provisions of this section. One of such lists he shall seal and deliver by hand either (1) to the Secretary of the State not later than six o'clock p.m. of the day after the election, or (2) to the state police not later than four o'clock p.m. of the day after the election, in which case the state police shall deliver it by hand to the Secretary of the State not later than six o'clock p.m. of the day after the election. Any such moderator or head moderator, as the case may be, who fails to so deliver such list to either the Secretary of the State or the state police by the time required shall pay a late filing fee of fifty dollars. The other of such lists he shall deliver to the clerk of such town on or before the day after such election. The Secretary of the State shall enter the returns in tabular form in books kept by him for that purpose and present a printed report of the same, with the name of, and the total number of votes received by, each of the candidates for said offices, to the General Assembly at its next session.
Sec. 31. Section 9-319 of the general statutes is repealed and the following is substituted in lieu thereof:
The votes for state senators, state representatives [,] and judges of probate, [and sheriffs,] as returned by the moderators, shall be canvassed, during the month in which they are cast, by the Treasurer, Secretary of the State and Comptroller, and they shall declare, except in case of a tie vote, who is elected senator in each senatorial district, representative in each assembly district [,] and judge of probate in each probate district. [and sheriff in each county.] The Secretary of the State shall, within three days after such declaration, give notice by mail to each person chosen state senator, state representative [,] or judge of probate [or sheriff] of his election.
Sec. 32. Section 9-324 of the general statutes is repealed and the following is substituted in lieu thereof:
Any elector or candidate who claims that he is aggrieved by any ruling of any election official in connection with any election for Governor, Lieutenant Governor, Secretary of the State, Treasurer, Attorney General, Comptroller [, sheriff] or judge of probate, held in his town, or that there has been a mistake in the count of the votes cast at such election for candidates for said offices or any of them, at any voting district in his town, or any candidate for such an office who claims that he is aggrieved by a violation of any provision of sections 9-355, 9-357 to 9-361, inclusive, 9-364, 9-364a or 9-365 in the casting of absentee ballots at such election, may bring his complaint to any judge of the Superior Court, in which he shall set out the claimed errors of such election official, the claimed errors in the count or the claimed violations of said sections. In any action brought pursuant to the provisions of this section, the complainant shall send a copy of the complaint by first-class mail, or deliver a copy of the complaint by hand, to the State Elections Enforcement Commission. If such complaint is made prior to such election, such judge shall proceed expeditiously to render judgment on the complaint and shall cause notice of the hearing to be given to the Secretary of the State and the State Elections Enforcement Commission. If such complaint is made subsequent to the election, it shall be brought within fourteen days of the election and such judge shall forthwith order a hearing to be had upon such complaint, upon a day not more than five nor less than three days from the making of such order, and shall cause notice of not less than three nor more than five days to be given to any candidate or candidates whose election may be affected by the decision upon such hearing, to such election official, the Secretary of the State, the State Elections Enforcement Commission and to any other party or parties whom such judge deems proper parties thereto, of the time and place for the hearing upon such complaint. Such judge shall, on the day fixed for such hearing and without unnecessary delay, proceed to hear the parties. If sufficient reason is shown, he may order any voting machines to be unlocked or any ballot boxes to be opened and a recount of the votes cast, including absentee ballots, to be made. Such judge shall thereupon, in case he finds any error in the rulings of the election official, any mistake in the count of the votes or any violation of said sections, certify the result of his finding or decision to the Secretary of the State before the fifteenth day of the next succeeding December. Such judge may order a new election or a change in the existing election schedule. Such certificate of such judge of his finding or decision shall be final and conclusive upon all questions relating to errors in the rulings of such election officials, to the correctness of such count, and, for the purposes of this section only, such claimed violations, and shall operate to correct the returns of the moderators or presiding officers, so as to conform to such finding or decision, unless the same is appealed from as provided in section 9-325.
Sec. 33. Subsection (a) of section 9-333e of the general statutes is repealed and the following is substituted in lieu thereof:
(a) Statements filed by party committees, political committees formed to aid or promote the success or defeat of a referendum question proposing a constitutional convention, constitutional amendment or revision of the constitution, individual lobbyists, and those political committees and candidate committees formed to aid or promote the success or defeat of any candidate for the office of Governor, Lieutenant Governor, Secretary of the State, Treasurer, Comptroller, Attorney General, [sheriff,] judge of probate and members of the General Assembly, shall be filed with the office of the Secretary of the State. A copy of each statement filed by a town committee shall be filed at the same time with the town clerk of the municipality in which the committee is situated. A political committee formed for a slate of candidates in a primary for the position of convention delegate shall file statements with both the secretary of the state and the town clerk of the municipality in which the primary is to be held.
Sec. 34. Subsection (a) of section 9-333m of the general statutes is repealed and the following is substituted in lieu thereof:
(a) No individual shall make a contribution or contributions to, for the benefit of, or pursuant to the authorization or request of, a candidate or a committee supporting or opposing any candidate's campaign for nomination at a primary, or any candidate's campaign for election, to the office of (1) Governor, in excess of two thousand five hundred dollars; (2) Lieutenant Governor, Secretary of the State, Treasurer, Comptroller or Attorney General, in excess of one thousand five hundred dollars; (3) [sheriff or] chief executive officer of a town, city or borough, in excess of one thousand dollars; (4) state senator or probate judge, in excess of five hundred dollars; or (5) state representative or any other office of a municipality not previously included in this subsection, in excess of two hundred fifty dollars. The limits imposed by this subsection shall be applied separately to primaries and elections.
Sec. 35. Subsection (d) of section 9-333o of the general statutes is repealed and the following is substituted in lieu thereof:
(d) A political committee organized by a business entity shall not make a contribution or contributions to or for the benefit of any candidate's campaign for nomination at a primary or any candidate's campaign for election to the office of: (1) Governor, in excess of five thousand dollars; (2) Lieutenant Governor, Secretary of the State, Treasurer, Comptroller or Attorney General, in excess of three thousand dollars; [(3) sheriff, in excess of two thousand dollars; (4)] (3) state senator, probate judge or chief executive officer of a town, city or borough, in excess of one thousand dollars; [(5)] (4) state representative, in excess of five hundred dollars; or [(6)] (5) any other office of a municipality not included in subdivision [(4)] (3) of this subsection, in excess of two hundred fifty dollars; or an exploratory committee, in excess of two hundred fifty dollars. The limits imposed by this subsection shall apply separately to primaries and elections and contributions by any such committee to candidates designated in this subsection shall not exceed one hundred thousand dollars in the aggregate for any single election and primary preliminary thereto. Contributions to such committees shall also be subject to the provisions of section 9-333t in the case of committees formed for ongoing political activity or section 9-333u in the case of committees formed for a single election or primary.
Sec. 36. Subsection (a) of section 9-333q of the general statutes is repealed and the following is substituted in lieu thereof:
(a) No political committee established by an organization shall make a contribution or contributions to, or for the benefit of, any candidate's campaign for nomination at a primary or for election to the office of: (1) Governor, in excess of two thousand five hundred dollars; (2) Lieutenant Governor, Secretary of the State, Treasurer, Comptroller or Attorney General, in excess of one thousand five hundred dollars; (3) [sheriff or] chief executive officer of a town, city or borough, in excess of one thousand dollars; (4) state senator or probate judge, in excess of five hundred dollars; or (5) state representative or any other office of a municipality not previously included in this subsection, in excess of two hundred fifty dollars.
Sec. 37. Subsection (b) of section 9-346b of the general statutes is repealed and the following is substituted in lieu thereof:
(b) In the conduct of any such inquiry the referee, judge, state's attorney or assistant state's attorney may employ a competent stenographer to take notes of the examination of any witness, and may furnish a transcript of such notes to any prosecuting officer having jurisdiction of the subject matter of such inquiry. The referee or judge may require the attendance and assistance, at any such inquiry and in procuring the attendance of witnesses, of any [sheriff, deputy sheriff,] state policeman, constable or police officer, who shall be allowed such compensation as the referee or judge deems reasonable.
Sec. 38. Section 10-200 of the general statutes is repealed and the following is substituted in lieu thereof:
Each city and town may adopt ordinances concerning habitual truants from school and children between the ages of five and sixteen years wandering about its streets or public places, having no lawful occupation and not attending school; and may make such ordinances respecting such children as shall conduce to their welfare and to public order, imposing penalties, not exceeding twenty dollars, for any one breach thereof. The police in any town, city or borough [and] bailiffs [,] and constables [, sheriffs and deputy sheriffs] in their respective precincts shall arrest all such children found anywhere beyond the proper control of their parents or guardians, during the usual school hours of the school terms, and may stop any child under sixteen years of age during such hours and ascertain whether such child is a truant from school, and, if such child is, shall send such child to school. For purposes of this section, "habitual truant" means a child age five to sixteen, inclusive, enrolled in a public or private school who has twenty unexcused absences within a school year.
Sec. 39. Subsection (a) of section 12-35 of the general statutes is repealed and the following is substituted in lieu thereof:
(a) Wherever used in this chapter, unless otherwise provided, "state collection agency" includes the Treasurer, the Commissioner of Revenue Services and any other state official, board or commission authorized by law to collect taxes payable to the state and any duly appointed deputy of any such official, board or commission; "tax" includes not only the principal of any tax but also all interest, penalties, fees and other charges added thereto by law; and "serving officer" includes any [sheriff, deputy sheriff] state marshal, constable or employee of such state collection agency designated for such purpose by a state collection agency and any person so designated by the Labor Commissioner. Upon the failure of any person to pay any tax, except any tax under chapter 216, due the state within thirty days from its due date, the state collection agency charged by law with its collection shall add thereto such penalty or interest or both as are prescribed by law, provided, if any statutory penalty is not specified, there may be added a penalty in the amount of ten per cent of the whole or such part of the principal of the tax as is unpaid or fifty dollars, whichever amount is greater, and provided, if any statutory interest is not specified, there shall be added interest at the rate of one per cent of the whole or such part of the principal of the tax as is unpaid for each month or fraction thereof, from the due date of such tax to the date of payment. Upon the failure of any person to pay any tax, except any tax under chapter 216, due within thirty days of its due date, the state collection agency charged by law with the collection of such tax may make out and sign a warrant directed to any serving officer for distraint upon any property of such person found within the state, whether real or personal. An itemized bill shall be attached thereto, certified by the state collection agency issuing such warrant as a true statement of the amount due from such person. Such warrant shall have the same force and effect as an execution issued pursuant to chapter 906. Such warrant may be levied on any real property or tangible or intangible personal property of such person, and sale made pursuant to such warrant in the same manner and with the same force and effect as a levy of sale pursuant to an execution. In addition thereto, if such warrant has been issued by the Commissioner of Revenue Services, his deputy, the Labor Commissioner, the executive director of the Employment Security Division or any person in the Employment Security Division in a position equivalent to or higher than the position presently held by a revenue examiner four, said serving officer shall be authorized to place a keeper in any place of business and it shall be such keeper's duty to secure the income of such business for the state and, when it is in the best interest of the state, to force cessation of such business operation. In addition, the Attorney General may collect any such tax by civil action. Each serving officer so receiving a warrant shall make a return with respect to such warrant to the appropriate collection agency within a period of ten days following receipt of such warrant. Each serving officer shall collect from such person, in addition to the amount shown on such warrant, his fees and charges, which shall be twice those authorized by statute for serving officers, provided the minimum charge shall be five dollars and money collected pursuant to such warrant shall be first applied to the amount of any fees and charges of the serving officer. In the case of an employee of the state acting as a serving officer the fees and charges collected by such employee shall inure to the benefit of the state. For the purposes of this section, "keeper" means a person who has been given authority by an officer authorized to serve a tax warrant to act in the state's interest to secure the income of a business for the state and, when it is in the best interest of the state, to force the cessation of such business's operation, upon the failure of such business to pay taxes owed to the state.
Sec. 40. Subsection (a) of section 12-135 of the general statutes is repealed and the following is substituted in lieu thereof:
(a) Any collector of taxes, and any [sheriff, deputy sheriff] state marshal or constable, as he may be authorized by such collector, shall, during his term of office, have authority to collect any taxes due the municipality served by such collector for which a proper warrant and a proper alias tax warrant, in the case of the deputized officer, have been issued. Such alias tax warrant may be executed by any officer above named in any part of the state, and the collector in person may demand and collect taxes in any part of the state on a proper warrant. Any such [sheriff, deputy sheriff] state marshal or constable so authorized who executes such an alias tax warrant outside of his respective precinct shall be entitled to collect from the person owing the tax the fees allowed by law, except that the minimum total fees shall be five dollars and the maximum total fees shall be fifteen dollars for each alias tax warrant so executed. Upon the expiration of his term of office the collector shall deliver to his immediate successor in office the rate bills not fully collected and such successor shall have authority to collect the taxes due thereon. Any person who fails to deliver such rate bills to his immediate successor within ten days from the qualification of such successor shall be fined not more than two hundred dollars or imprisoned not more than six months or both.
Sec. 41. Section 12-162 of the general statutes is repealed and the following is substituted in lieu thereof:
Any collector of taxes, in the execution of his tax warrants, shall have the same authority as [sheriffs] state marshals have in executing the duties of their office, and any [sheriff, deputy sheriff,] constable or other officer authorized to serve any civil process may serve a warrant for the collection of any tax assessed, and the officer shall have the same authority as the collector concerning taxes committed to him for collection. Upon the nonpayment of any property tax when due, demand having been made therefor as prescribed by law for the collection of such tax, an alias tax warrant may be issued by the tax collector, which may be in the following form:
"To [the Sheriff] a state marshal of the County of ...., [his deputy] or any constable of the Town of .... [within said county,] Greeting: By authority of the state of Connecticut you are hereby commanded to collect forthwith from .... of .... the sum of .... dollars, the same being the amount of a tax with interest or penalty and charges which have accumulated thereon, which tax was levied by (insert name of town, city or municipality laying the tax) upon (insert the real estate, personal property, or both, as the case may be,) of said .... as of the .... day of ..... (In like manner insert the amount of any other property tax which may have been levied in any other year, including interest or penalty and charges which have accumulated thereon). In default of payment of said amount you are hereby commanded to levy for said tax or taxes, including interest, penalty and charges, hereinafter referred to as the amount due on such execution, upon any goods and chattels of such person and dispose of the same as the law directs, notwithstanding the provisions of subsection (j) of section 52-352b, and, after having satisfied the amount due on such execution, return the surplus, if any, to him; or you are to levy upon the real estate of such person and sell such real property pursuant to the provisions of section 12-157, to pay the amount due on such execution; or you shall make demand upon the main office of any banking institution indebted to such person, subject to the provisions of section 52-367a or 52-367b, as if judgment for the amount due on such execution had been entered, for that portion of any type of deposit to the credit of or property held for such person, not exceeding in total value the amount due on such execution; or you are to garnishee the wages due such person from any employer, in the same manner as if a wage execution therefor had been entered, in accordance with section 52-361a.
Dated at .... this .... day of .... A.D. 19.., Tax Collector."
Any officer serving such warrant shall make return to the collector of his doings thereon within ten days of the completion of such service and shall be entitled to collect from such person the fees allowed by law for serving executions issued by any court. Notwithstanding the provisions of section 52-261, any [sheriff, deputy sheriff] state marshal or constable, authorized as provided in this section, who executes such warrant and collects any delinquent municipal taxes as a result thereof shall receive in addition to expenses otherwise allowed, an amount equal to ten per cent of the taxes collected pursuant to such warrant. The minimum fee for such service shall be twenty dollars. Any officer unable to serve such warrant shall, within sixty days after the date of issuance, return such warrant to the collector and in writing state the reason it was not served.
Sec. 42. Section 12-569 of the general statutes is repealed and the following is substituted in lieu thereof:
If the president of the Connecticut Lottery Corporation determines that any lottery sales agent has breached his fiduciary responsibility to the corporation in that the account of such lottery sales agent with respect to moneys received from the sale of lottery tickets has become delinquent in accordance with regulations adopted as provided in section 12-568a, the president shall notify the executive director of the breach of fiduciary duty and the executive director shall impose a delinquency assessment upon such account equal to ten per cent of the amount due or ten dollars, whichever amount is greater, plus interest at the rate of one and one-half per cent of such amount for each month or fraction of a month from the date such amount is due to the date of payment. Subject to the provisions of section 12-3a, the executive director may waive all or part of the penalties provided under this subsection when it is proven to his satisfaction that the failure to pay such moneys to the state within the time allowed was due to reasonable cause and was not intentional or due to neglect. Any such delinquent lottery sales agent shall be notified of such delinquency assessment and shall be afforded an opportunity to contest the validity and amount of such assessment before the executive director who is hereby authorized to conduct such hearing. Upon request of the president of the Connecticut Lottery Corporation, the executive director may prepare and sign a warrant directed to any [sheriff, deputy sheriff] state marshal, constable or any collection agent employed by the Connecticut Lottery Corporation for distraint upon any property of such delinquent lottery sales agent within the state, whether personal or real property. An itemized bill shall be attached thereto certified by the executive director as a true statement of the amount due from such lottery sales agent. Such warrant shall have the same force and effect as an execution issued in accordance with chapter 906. Such warrant shall be levied on any real, personal, tangible or intangible property of such agent and sale made pursuant to such warrant in the same manner and with the same force and effect as a levy and sale pursuant to an execution. The executive director, with the advice and consent of the board, shall adopt regulations in accordance with chapter 54 to carry out the purposes of this section.
Sec. 43. Section 13a-64 of the general statutes is repealed and the following is substituted in lieu thereof:
All persons interested in laying out or altering such highway may appear before said court and remonstrate against the acceptance of such report for any irregularity or improper conduct on the part of the committee, and for such a cause the court may set aside such report; but if it is of the opinion that it ought to be accepted, and if, before its acceptance, a jury is moved for to reestimate the damages and benefits or either, said court shall order a jury of six to be drawn from the boxes, in the custody of the clerk of the superior court of the judicial district, of such towns in the county, in which such judicial district is located, where the application is made as the court directs, and to be summoned and attended by [the sheriff of such county personally or, if he is interested or incapacitated, by such deputy sheriff in the county] a state marshal as the court directs. Such jury shall be sworn and a certificate of that fact shall be annexed to its report; and its powers shall be confined to granting relief to the person or persons making such application. The parties to this proceeding may challenge any of such jurors as in a civil action; and when, by reason of any such challenge, the panel is reduced to less than six, the clerk shall return such number of disinterested electors from any of the towns in the judicial district, except that in which such highway is located or in which the owner of the land resides, as is necessary to fill such panel; and such clerk shall, within forty-eight hours thereafter, return the names of such persons so challenged into the boxes from which they were drawn.
Sec. 44. Subdivision (53) of subsection (a) of section 14-1 of the general statutes is repealed and the following is substituted in lieu thereof:
(53) "Officer" includes any constable, [sheriff, deputy sheriff] state marshal, inspector of motor vehicles, state policeman or other official authorized to make arrests or to serve process, provided the officer is in uniform or displays his badge of office in a conspicuous place when making an arrest.
Sec. 45. Subsections (b) and (c) of section 14-12h of the general statutes, as amended by section 2 of public act 99-232, are repealed and the following is substituted in lieu thereof:
(b) (1) If any police officer observes a motor vehicle being operated upon the public highway, and such motor vehicle is displaying registration number plates identified as cancelled on the list made available by the commissioner, such police officer may (A) stop or detain such vehicle and its occupants, (B) issue to the operator an infractions complaint for operating an unregistered motor vehicle, or expired registration if the vehicle is not being operated, in violation of section 14-12, and (C) remove the registration number plates from the vehicle and return them to any branch office of the Department of Motor Vehicles. If any police officer, [sheriff, deputy sheriff,] motor vehicle inspector or constable observes a motor vehicle parked in any parking area, as defined in section 14-212, and such motor vehicle is displaying registration number plates identified as cancelled on the list made available by the commissioner, such police officer, [sheriff, deputy sheriff,] motor vehicle inspector or constable is authorized to remove the registration number plates from the vehicle and to return them to any branch office of the Department of Motor Vehicles. If a number plate is identified as cancelled on the list provided by the commissioner and such identification is in error, the state shall indemnify any police officer, [sheriff, deputy sheriff,] motor vehicle inspector or constable for any claim for damages made against that individual as a result of his good faith reliance on the accuracy of the list provided by the commissioner regarding the confiscation of number plates.
(2) If any police officer observes a motor vehicle being operated upon the public highway or parked in any parking area, as defined in section 14-212, displaying registration number plates identified on the list made available by the commissioner as being cancelled, such police officer may seize and impound the vehicle. If a police officer seizes and impounds a vehicle pursuant to this subdivision, he shall give notice to the commissioner in such form as the commissioner may require. The police officer shall give such notice not later than three days after seizing and impounding the vehicle.
(c) The owner of any motor vehicle whose registration has been cancelled in accordance with the provisions of sections 14-12c and 14-12f to 14-12k, inclusive, 38a-343 and 38a-343a, shall not be eligible to obtain a new registration for a vehicle, or a new or renewal registration for any motor vehicle in the owner's name until the owner appears personally at an office of the Department of Motor Vehicles and (1) completes an application for registration, (2) furnishes proof of insurance, in accordance with section 14-12b, and (3) pays to the Commissioner of Motor Vehicles a restoration fee of the aggregate of two hundred fifty dollars for the first thirty-one days such registration is cancelled, or any portion thereof, and five dollars for each additional day such registration is cancelled, not to exceed ninety days or five hundred forty-five dollars, as required by section 14-50b, in addition to any other fees required to obtain new registration and number plates, except that the commissioner may reduce the restoration fee to the amount of one hundred dollars if the commissioner finds that the vehicle was not operated during the period of such cancellation and during the period such owner failed to maintain mandatory security. In addition, if the number plates of the vehicle whose registration was cancelled have been confiscated, the owner of such motor vehicle shall pay an additional confiscation fee of fifty dollars. Such confiscation fee shall be collected from the owner of the motor vehicle and remitted by the commissioner to the [sheriff, deputy sheriff or] constable who confiscated the number plates or, if the plates were confiscated by a police officer, such confiscation fee shall be remitted to the governmental entity which employed such officer at the time of the confiscation and shall be deposited in the asset forfeiture fund. In the event there is no such fund, such confiscation fee shall be deposited in the general fund of such entity.
Sec. 46. Subsection (b) of section 14-12i of the general statutes, as amended by section 9 of public act 99-181, is repealed and the following is substituted in lieu thereof:
(b) In addition to other purposes authorized for the expenditure of moneys in the Special Transportation Fund to administer the program established by sections 14-12c and 14-12f to 14-12k, inclusive, 14-112, 14-213b, 38a-343 and 38a-343a, the Insurance Commissioner, in consultation with the Office of Policy and Management and the Treasurer, may establish a plan or develop a procedure to provide for the reimbursement of municipalities [, sheriffs and deputy sheriffs] for the necessary expenses incurred in enforcing the provisions of section 14-12h regarding the confiscation and return to the Department of Motor Vehicles of registration number plates.
Sec. 47. Subsection (c) of section 14-12n of the general statutes, as amended by section 10 of public act 99-181, is repealed and the following is substituted in lieu thereof:
(c) Moneys in such account shall be distributed as follows: (1) Fifty per cent shall be allocated to the Special Transportation Fund pursuant to section 14-12i, as amended by this act, (2) forty per cent shall be allocated to the Commissioner of Motor Vehicles who shall pay, subject to available funds, for confiscations which occur on or after October 1, 1998, in order of the date of confiscation, any confiscation fee pursuant to section 14-12h, as amended by this act, which remains unpaid after forfeiture to the [sheriff, deputy sheriff or] constable who confiscated the number plates or, if the plates were confiscated by a police officer, such confiscation fee shall be remitted to the governmental entity which employed such officer at the time of the confiscation, and (3) ten per cent shall be allocated to the Department of Public Safety and local police departments pursuant to section 14-12h, as amended by this act, which shall be used for enforcement of said section 14-12h, as amended by this act.
Sec. 48. Subsection (c) of section 14-65 of the general statutes, as amended by section 16 of public act 99-268, is repealed and the following is substituted in lieu thereof:
(c) The provisions of this section shall not apply to a sale by a [sheriff or such sheriff's deputy] state marshal or to a private auction sale of motor vehicles, used by the seller, who is not a used car dealer as defined in section 14-51, in the operation of his business or for his personal use.
Sec. 49. Section 14-151 of the general statutes is repealed and the following is substituted in lieu thereof:
[The sheriffs of the several counties and their deputies] State marshals and the constables of the several towns shall have [, within their respective counties and towns,] the same authority in respect to the provisions of section 14-150 as inspectors of the Department of Motor Vehicles, officers attached to an organized police department or state police officers.
Sec. 50. Subsection (a) of section 14-197 of the general statutes is repealed and the following is substituted in lieu thereof:
(a) A police officer [, sheriff] or constable who learns of the theft of a vehicle not since recovered, or of the recovery of a vehicle whose theft or conversion he knows or has reason to believe has been reported to the commissioner, shall forthwith report the theft or recovery to the commissioner.
Sec. 51. Section 14-225 of the general statutes is repealed and the following is substituted in lieu thereof:
Any person riding on, propelling, driving or directing any vehicle, except a motor vehicle, on a public street or highway or on any parking area for ten cars or more or on any school property, who has knowledge of having caused injury to the person or property of another and neglects, at the time of the injury, to stop and ascertain the extent of the injury and to render assistance, or refuses to give his name and address, or gives a false name or address when the same is asked for by the person injured or by any other person in his behalf or by a police officer, [sheriff, deputy sheriff,] motor vehicle inspector or constable, shall be fined not more than five hundred dollars or imprisoned not more than six months or both.
Sec. 52. Subsection (a) of section 15-76 of the general statutes is repealed and the following is substituted in lieu thereof:
(a) The commissioner, any employee of the department, any officer attached to an organized police department, any state police officer [, any sheriff] or any constable, within his precinct, upon discovery of any aircraft apparently abandoned, whether situated within or without any airport or landing field in this state, shall take such aircraft into his custody and may cause the same to be taken to and stored in a suitable place. All charges necessarily incurred by such person in the performance of such duty shall be a lien upon such aircraft. The owner or keeper of any hangar or other place where such aircraft is stored shall have a lien upon the same for his storage charges. If such aircraft has been so stored for a period of ninety days, such owner or keeper may sell the same at public auction for cash, at his place of business, and apply the avails of such sale toward the payment of his charges and the payment of any debt or obligation incurred by the person who placed the same in storage, provided such sale shall be advertised three times in a newspaper published or having a circulation in the town where such hangar or other place is located, such advertisement to commence at least five days before such sale; and, if the last place of abode of the owner of such aircraft is known to or may be ascertained by such hangar owner or keeper by the exercise of reasonable diligence, notice of the time and place of sale shall be given such owner by mailing such notice to him in a registered or certified letter, postage paid, at such last usual place of abode, at least five days before the time of sale. The proceeds of such sale, after deducting the amount due such hangar owner or keeper and all expenses connected with such sale, including the expenses of the officer who placed such aircraft in storage, shall be paid to the owner of such aircraft or his legal representatives, if claimed by him or them, at any time within one year from the date of such sale. If such balance is not claimed within said period, it shall escheat to the state.
Sec. 53. Subsection (a) of section 17a-8 of the general statutes is repealed and the following is substituted in lieu thereof:
(a) All children and youth who are or have been committed to the custody of the Commissioner of Children and Families as delinquent shall remain in such custody until such custody expires or terminates as provided by the order of the Superior Court. Any child or youth who while placed in an institution administered by the Department of Children and Families escapes from such institution or any child or youth who violates the terms or conditions of parole may be returned to actual custody. The request of the Commissioner of Children and Families or his designee shall be sufficient warrant to authorize any officer of the Department of Children and Families or any officer authorized by law to serve criminal process within this state to return any such child or youth into actual custody; and any such officer, police officer [,] or constable [or sheriff] shall arrest and hold any such child or youth when so requested, without written warrant.
Sec. 54. Subsection (c) of section 17a-685 of the general statutes, as amended by section 2 of public act 99-84, is repealed and the following is substituted in lieu thereof:
(c) Upon receipt of the application, the court shall assign a time for a hearing not later than seven business days after the date the application was filed. A copy of the application and physician's certificate and the notice of the hearing, shall be served, by a [sheriff or deputy sheriff] state marshal, constable or indifferent person not later than three business days before the hearing on the respondent, unless the respondent is in a facility, in which case such notice shall be by regular mail. Such notice shall inform such respondent that he or she has a right to be present at the hearing, that he or she has the right to counsel and, if indigent, to have counsel appointed to represent him or her, and that such respondent has a right to cross-examine witnesses testifying at any hearing upon that application. The court shall cause a recording of the testimony of such hearing to be made, to be transcribed only in the event of an appeal from the decree rendered pursuant to this section. A copy of such transcript shall be furnished without charge to any appellant whom the Court of Probate finds is unable to pay for the same. The cost of said transcript shall be paid from funds appropriated to the Judicial Department. The court shall cause notice of said hearing to be given by regular mail to the respondent's next of kin, a parent or legal guardian if the respondent is a minor, the administrator of the treatment facility if the respondent has been committed for emergency treatment pursuant to section 17a-684, and the administrator of the treatment facility to which the respondent is to be admitted. The court may order such notice as it directs to other persons having an interest in the respondent. If the court finds such respondent is indigent or otherwise unable to pay for counsel, the court shall appoint counsel for such respondent, unless such respondent refuses counsel and the court finds that the respondent understands the nature of such refusal. The court shall appoint counsel for the respondent from a panel of attorneys admitted to practice in this state provided by the Probate Court Administrator in accordance with regulations promulgated by the Probate Court Administrator in accordance with section 45a-77. The reasonable compensation of appointed counsel shall be established by, and paid from funds appropriated to, the Judicial Department. If funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund. Prior to such hearing such respondent, or the respondent's counsel, in accordance with the provisions of sections 52-146d to 52-146i, inclusive, shall be afforded access to all records, including without limitation, hospital records if such respondent is hospitalized, and shall be entitled to take notes therefrom. If such respondent is hospitalized at the time of the hearing, the hospital shall make available at such hearing for use by the respondent or the respondent's counsel all records in its possession relating to the condition of the respondent. Notwithstanding the provisions of sections 52-146d to 52-146i, inclusive, all such hospital records directly relating to the respondent shall be admissible at the request of any party or the Probate Court in any proceeding relating to the confinement to or release from a hospital or treatment facility. Nothing in this section shall prevent timely objections to the admissibility of evidence in accordance with the rules of civil procedure.
Sec. 55. Subsection (d) of section 17a-699 of the general statutes is repealed and the following is substituted in lieu thereof:
(d) The court may order that the person be transferred immediately to a treatment program provided space is available as provided in subsection (c) of this section. If the court orders an immediate transfer, it shall issue a mittimus directing the [sheriff] judicial marshal to convey the person to the treatment program.
Sec. 56. Subsection (a) of section 17b-745 of the general statutes, as amended by section 28 of public act 99-279, is repealed and the following is substituted in lieu thereof:
(a) (1) The Superior Court or a family support magistrate shall have authority to make and enforce orders for payment of support to the Commissioner of Administrative Services or in IV-D cases, to the state acting by and through the IV-D agency, directed to the husband or wife and, if the patient or person is under twenty-one or, on and after October 1, 1972, under eighteen, any parent of any patient or person being supported by the state, wholly or in part, in a state humane institution, or under any welfare program administered by the state Department of Social Services, as said court finds, in accordance with the provisions of subsection (b) of section 17b-179, or section 17a-90, 17b-81, 17b-223, 46b-129 or 46b-130, to be reasonably commensurate with the financial ability of any such relative. Any court or family support magistrate called upon to make or enforce such an order, including one based upon a determination consented to by the relative, shall insure that such order is reasonable in light of the relative's ability to pay.
(2) (A) The court or family support magistrate shall include in each support order in a IV-D support case a provision for the health care coverage of the child which provision may include an order for either parent to name any child under eighteen as a beneficiary of any medical or dental insurance or benefit plan carried by such parent or available to such parent on a group basis through an employer or a union. If such insurance coverage is unavailable at reasonable cost, the provision for health care coverage may include an order for either parent to apply for and maintain coverage on behalf of the child under the HUSKY Plan, Part B. The noncustodial parent shall be ordered to apply for the HUSKY Plan, Part B only if such parent is found to have sufficient ability to pay the appropriate premium. In any IV-D support case in which the noncustodial parent is found to have insufficient ability to provide medical insurance coverage and the custodial party is the HUSKY Plan, Part A or Part B applicant, the provision for health care coverage may include an order for the noncustodial parent to pay such amount as is specified by the court or family support magistrate to the state or the custodial party, as their interests may appear, to offset the cost of any insurance payable under the HUSKY Plan, Part A or Part B. In no event may such order include payment to offset the cost of any such premium if such payment would reduce the amount of current support required under the child support guidelines.
(B) When a parent is ordered to provide insurance coverage in accordance with subparagraph (A) of this subdivision, the court or family support magistrate shall order the employer of such parent to withhold from such employee's compensation the employee's share, if any, of premiums for health coverage, except for certain circumstances under which an employer may withhold less than such employee's share of such premiums, as may be provided by regulation of the Secretary of the United States Department of Health and Human Services and pay such share of premiums to the insurer. The amount withheld shall not exceed the maximum amount permitted to be withheld as set forth in 15 USC 1673(b). Whenever an order of the Superior Court or family support magistrate is issued against a parent to cover the cost of such medical or dental insurance or benefit plan for a child who is eligible for Medicaid benefits, and such parent has received payment from a third party for the costs of such services but such parent has not used such payment to reimburse, as appropriate, either the other parent or guardian or the provider of such services, the Department of Social Services shall have the authority to request the court or family support magistrate to order the employer of such parent to withhold from the wages, salary or other employment income, of such parent to the extent necessary to reimburse the Department of Social Services for expenditures for such costs under the Medicaid program. However, any claims for current or past due child support shall take priority over any such claims for the costs of such services.
(3) Said court or family support magistrate shall also have authority to make and enforce orders directed to the conservator or guardian of any such patient or person, or the payee of Social Security or other benefits to which such patient or person is entitled, to the extent of the income or estate held or received by such fiduciary or payee in any such capacity.
(4) For purposes of this section, the term "father" shall include a person who has acknowledged in writing paternity of a child born out of wedlock, and the court or family support magistrate shall have authority to determine, order and enforce payment of any accumulated sums due under a written agreement to support such child in accordance with the provisions of this section.
(5) (A) Said court or family support magistrate shall also have authority to make and enforce orders for the payment by any person named herein of unpaid support contributions for which any such person is liable in accordance with the provisions of subsection (b) of section 17b-179, or section 17a-90, 17b-81, 17b-223, 46b-129 or 46b-130 or, in IV-D cases, to order such person, provided such person is not incapacitated, to participate in work activities which may include, but shall not be limited to, job search, training, work experience and participation in the job training and retraining program established by the Labor Commissioner pursuant to section 31-3t.
(B) In the determination of support due based on neglect or refusal to furnish support prior to the action, the support due for periods of time prior to the action shall be based upon the obligor's ability to pay during such prior periods. The state shall disclose to the court any information in its possession concerning current and past ability to pay. With respect to such orders entered on or after October 1, 1991, if no information is available to the court concerning past ability to pay, the court may determine the support due for periods of time prior to the action as if past ability to pay is equal to current ability to pay if known or, if not known, based upon assistance rendered to the child.
(C) Any finding as to support due for periods of time prior to the action which is made without information concerning past ability to pay shall be entered subject to adjustment when such information becomes available to the court. Such adjustment may be made upon motion of any party within four months from the date upon which the obligor receives notification of (i) the amount of such finding of support due for periods of time prior to the action, and (ii) the right within four months of receipt of such notification to present evidence as to such obligor's past ability to pay support for such periods of time prior to the action.
(6) All payments ordered by the court or family support magistrate under this section shall be made to the Commissioner of Administrative Services or, in IV-D cases, to the state acting by and through the IV-D agency, as the court or family support magistrate may determine, for the period during which the supported person is receiving assistance or care from the state, provided, in the case of beneficiaries of any program of public assistance, upon the discontinuance of such assistance, payments shall be distributed to the beneficiary, beginning with the effective date of discontinuance. Any order of payment made under this section may, at any time after being made, be set aside or altered by the court or a family support magistrate.
(7) (A) Proceedings to obtain orders of support under this section shall be commenced by the service on the liable person or persons of a verified petition of the Commissioner of Administrative Services, the Commissioner of Social Services or their designees. The verified petition shall be filed by any of said commissioners or their designees in the judicial district of the court or Family Support Magistrate Division in which the patient, applicant, beneficiary, recipient or the defendant resides. The judge or family support magistrate shall cause a summons, signed by such judge or magistrate, by the clerk of said court, or by a commissioner of the Superior Court to be issued, requiring such liable person or persons to appear before the court or a family support magistrate at a time and place as determined by the clerk but not more than ninety days after the issuance of the summons to show cause, if any, why the request for relief in such petition should not be granted. The verified petition, summons and order shall be on forms prescribed by the Office of the Chief Court Administrator.
(B) Service of process issued under this section may be made by a [sheriff] state marshal, any proper officer or any investigator employed by the Department of Social Services or by the Commissioner of Administrative Services. The [sheriff] state marshal, proper officer or investigator shall make due return of process to the court not less than twenty-one days before the date assigned for hearing. Upon proof of the service of the summons to appear before the court or a family support magistrate, at the time and place named for hearing upon such petition, the failure of the defendant to appear shall not prohibit the court or family support magistrate from going forward with the hearing.
(8) Failure of any defendant to obey an order of the court or Family Support Magistrate Division made under this section may be punished as contempt of court. If the summons and order is signed by a commissioner of the Superior Court, upon proof of service of the summons to appear in court or before a family support magistrate and upon the failure of the defendant to appear at the time and place named for hearing upon the petition, request may be made by the petitioner to the court or family support magistrate for an order that a capias mittimus be issued. Except as otherwise provided, upon proof of the service of the summons to appear in court or before a family support magistrate at the time and place named for a hearing upon the failure of the defendant to obey the court order as contempt of court, the court or the family support magistrate may order a capias mittimus to be issued and directed to some proper officer to arrest such defendant and bring such defendant before the Superior Court for the contempt hearing. The costs of commitment of any person imprisoned therefor shall be paid by the state as in criminal cases. When any such defendant is so found in contempt, the court or family support magistrate may award to the petitioner a reasonable attorney's fee and the fees of the officer serving the contempt citation, such sums to be paid by the person found in contempt.
(9) In addition to or in lieu of contempt proceedings, the court or family support magistrate, upon a finding that any person has failed to obey any order made under this section, may issue an order directing that an income withholding order issue against such amount of any debt accruing by reason of personal services due and owing to such person in accordance with section 52-362, or against such lesser amount of such excess as said court or family support magistrate deems equitable, for payment of accrued and unpaid amounts due under such order and all amounts which thereafter become due under such order. On presentation of such income withholding order by the officer to whom delivered for service to the person or persons or corporation from whom such debt accruing by reason of personal services is due and owing, or thereafter becomes due and owing, to the person against whom such support order was issued, such income withholding order shall be a lien and a continuing levy upon such debt to the amount specified therein, which shall be accumulated by the debtor and paid directly to the Commissioner of Administrative Services or, in IV-D cases, to the state acting by and through the IV-D agency, in accordance with section 52-362, until such income withholding order and expenses are fully satisfied and paid, or until such income withholding order is modified.
(10) No entry fee, judgment fee or any other court fee shall be charged by the court to either party in actions under this section.
(11) Written statements from employers as to property, insurance, wages, indebtedness and other information obtained by the Commissioner of Social Services, or the Commissioner of Administrative Services under authority of section 17b-137, shall be admissible in evidence in actions under this section.
Sec. 57. Section 18-28 of the general statutes is repealed and the following is substituted in lieu thereof:
Said board shall have all the authority of the Superior Court to compel the attendance of witnesses summoned by the secretary of said board or other competent authority. [The sheriff of Hartford County or his deputy shall attend the sessions of said board and shall receive therefor the fees provided for the sheriff's attendance upon sessions of the Superior Court.]
Sec. 58. Section 20-325a of the general statutes is repealed and the following is substituted in lieu thereof:
(a) No person who is not licensed under the provisions of this chapter, and who was not so licensed at the time he performed the acts or rendered the services for which recovery is sought, shall commence or bring any action in any court of this state, after October 1, 1971, to recover any commission, compensation or other payment in respect of any act done or service rendered by him, the doing or rendering of which is prohibited under the provisions of this chapter except by persons duly licensed under this chapter.
(b) No person, licensed under the provisions of this chapter, shall commence or bring any action in respect of any acts done or services rendered after October 1, 1995, as set forth in subsection (a), unless the acts or services were rendered pursuant to a contract or authorization from the person for whom the acts were done or services rendered. To satisfy the requirements of this subsection any contract or authorization shall: (1) Be in writing, (2) contain the names and addresses of the real estate broker performing the services and the name of the person or persons for whom the acts were done or services rendered, (3) show the date on which such contract was entered into or such authorization given, (4) contain the conditions of such contract or authorization, (5) be signed by the real estate broker or the real estate broker's authorized agent, (6) if such contract or authorization pertains to any real property, include the following statement: "THE REAL ESTATE BROKER MAY BE ENTITLED TO CERTAIN LIEN RIGHTS PURSUANT TO SUBSECTION (d) OF SECTION 20-325a OF THE CONNECTICUT GENERAL STATUTES", and (7) be signed by the person or persons for whom the acts were done or services rendered or by an agent authorized to act on behalf of such person or persons, pursuant to a written document executed in the manner provided for conveyances in section 47-5, except, if the acts to be done or services rendered involve a listing contract for the sale of land containing any building or structure occupied or intended to be occupied by no more than four families, be signed by the owner of the real estate or by an agent authorized to act on behalf of such owner pursuant to a written document executed in the manner provided for conveyances in section 47-5.
(c) Nothing in subsection (a) of this section or subdivisions (2) to (6), inclusive, of subsection (b) of this section shall prevent any licensee from recovering any commission, compensation or other payment in respect to any acts done or services rendered, if such person has substantially complied with subdivisions (2) to (6), inclusive, of subsection (b) of this section and it would be inequitable to deny such recovery.
(d) A licensed real estate broker who has performed acts or rendered services relating to real property upon terms provided for in a written contract or agreement between such broker and the owner for whom such acts were done or services rendered shall have a lien upon such real property. Such lien shall be in the amount of the compensation agreed upon by and between the broker and the owner for whom such acts were done or services rendered.
(e) Except as provided in subsections (f), (g) and (h), the lien provided for in this section shall not attach until the broker is entitled to compensation, without any contingencies, other than closing or transfer of title, under the terms set forth in the written contract and the broker has recorded the claim for lien prior to the actual conveyance or lease of such real property with the town clerk of the town where such property is located.
(f) Except as provided in subsection (g), when a broker is entitled to compensation from the owner of real property in instalments, a portion of which is due only after the conveyance or lease of the real property, any claim for lien for those payments due after the conveyance or lease may be recorded at any time subsequent to the conveyance or lease of the real property and prior to the date on which the payment is due but shall only be effective as a claim for lien against the real property to the extent moneys are still owed to the transferor by the transferee. A single claim for lien recorded prior to conveyance or lease of the real property claiming all moneys due under an instalment payment agreement shall not be valid or enforceable as it pertains to payments due after the conveyance or lease. The lien shall attach as of the recording of the claim for lien.
(g) In the case of a lease for real property the claim for lien must be recorded within thirty days after the tenant takes possession of the leased premises unless written notice of the intended signing of the lease is delivered to the broker entitled to claim a lien by registered or certified mail, return receipt requested, or by personal service, at least ten days prior to the date of the intended signing of the lease for the real property in which case the claim for lien must be recorded before the date indicated for the signing of the lease in the notice delivered to the broker. The lien shall attach as of the recording of the claim for lien.
(h) If a broker's written contract for payment is with a prospective buyer, then the lien shall attach only after the prospective buyer accepts the conveyance or lease of the real property and the claim for lien is recorded by the broker with the town clerk of the town in which such property is located. Any claim for lien shall be filed by the broker no later than thirty days after the conveyance or the tenant takes possession of the real property.
(i) The broker shall serve a copy of the claim for lien on the owner of the real property. Service shall be made by mailing a copy of the claim for lien by registered or certified mail, return receipt requested, or by personal service upon the owner by any indifferent person, [sheriff] state marshal or other proper officer, by leaving with such owner or at the owner's usual place of abode a true and attested copy thereof. A copy of the claim for lien may be served at the same time as the notice required by subsection (q) of this section. The broker's lien shall be void and unenforceable if recording does not occur within the time period and in the manner required by this section.
(j) A broker may bring suit to enforce a claim for lien in the superior court in the judicial district where the real property is located by filing a complaint and sworn affidavit that the claim for lien has been recorded in accordance with this section. The person claiming a lien shall, unless the claim is based upon an option to purchase the real property, within one year after recording the claim for lien, commence foreclosure by filing a complaint. Failure to commence foreclosure within one year after recording the lien shall extinguish the lien. No subsequent claim for lien may be given for the same claim nor may that claim be asserted in any proceedings under this section. A person claiming a lien based upon an option to purchase shall, within six months after the conveyance or lease of the real property under the exercise of the option to purchase, commence foreclosure by filing a complaint and a sworn affidavit that the claim for lien has been recorded in accordance with this section. Failure to commence foreclosure within this time shall extinguish that claim for lien. No subsequent claim for lien may be given for the same claim nor may that claim be asserted in any proceedings under this section. The plaintiff shall issue summons and provide service as in actions to foreclose a mortgage. When any defendant resides out of the state or is temporarily located out of the state, or on inquiry cannot be found, or is concealed within this state so that process cannot be served on that defendant, the plaintiff shall cause a notice to be given to that defendant, or cause a copy of the complaint to be served upon that defendant, in the manner and upon the same conditions as in actions to foreclose a mortgage. Except as otherwise provided in this section, all liens claimed under this section shall be foreclosed in the manner in which mortgage foreclosures are conducted.
(k) The claim for lien shall state the name of the claimant, the name of the owner, a description of the real property upon which the lien is being claimed, the amount for which the lien is claimed, and the real estate license number of the broker. The claim for lien shall contain a sworn statement by the signatory that the information contained in the notice is true and accurate to the knowledge of the signatory. The claim for lien shall be signed by the broker.
(l) Whenever a claim for lien has been recorded with the town clerk and a condition occurs that would preclude the broker from receiving compensation under the terms of the broker's written contract or agreement, the broker shall provide within thirty days of demand to the owner of record a written release or satisfaction of the lien.
(m) Upon written demand of the owner or the owner's authorized agent, served on the broker claiming the lien requiring suit to be commenced to enforce the lien, a suit shall be commenced within forty-five days thereafter, or the claim for lien shall be extinguished. Service of any such written demand shall be by registered or certified mail, return receipt requested, or by personal service upon the broker by any indifferent person, [sheriff] state marshal or other proper officer, by leaving with such broker or at the broker's usual place of abode a true and attested copy thereof.
(n) Whenever a claim for lien has been recorded with the town clerk and is paid, or where there is failure to foreclose to enforce the lien within the time provided by this section, the broker shall acknowledge satisfaction or release the claim for lien, in writing, on written demand of the owner within thirty days after payment or expiration of the time in which to commence foreclosure on the lien.
(o) Except as otherwise provided in this section, whenever a claim for lien has been recorded with the town clerk, that would prevent the closing of a conveyance or lease, an escrow account shall be established from the proceeds of the conveyance or lease in the amount of the compensation agreed upon by the parties. Upon the establishment of the escrow account the broker shall immediately release the claim for lien. The establishment of an escrow account, as provided for in this section, shall not be the sole cause for the owner to refuse to complete the conveyance or lease. These moneys shall be held in escrow by the attorney for the lessor in the case of a lease for real property and by the attorney for the owner in the case of the actual conveyance or lease of such real property until the parties' rights to the escrowed moneys have been determined by the written contract or agreement of the parties, a determination by the Superior Court, or some other process which may be agreed to by the parties. When there are sufficient funds in the amount of the claimed lien, there shall be a release of the claim for lien which would allow completion of the conveyance or lease on such terms as are acceptable to the parties involved in the conveyance or lease. If the proceeds from the conveyance or lease are insufficient to release all liens claimed against the real property, including the broker's claim for lien, then the parties are not required to establish the escrow account under this section.
(p) The provisions of subsections (a) and (b) of this section shall not apply to any person excepted from the provisions of this chapter by section 20-329 with respect to any acts performed by him which are included in such exception; or to any real estate broker or real estate salesperson who has provided services to the federal government, any political subdivision thereof, or any corporation, institution or quasi-governmental agency chartered by the federal government.
(q) No broker is entitled to claim any lien under this section, unless, after the broker is entitled to compensation, without contingencies, other than closing or transfer of title, under the terms set forth in the written contract and not later than three days prior to the date of the conveyance or lease as set forth in the real estate sales contract or lease, the broker gives written notice of the claim for lien to the owner of the real property and to the prospective buyer that he is entitled to compensation under the terms set forth in the written contract and intends to claim a lien on the real property. The notice shall be served upon the owner and the prospective buyer by any indifferent person, [sheriff] state marshal or other proper officer, by leaving with such owner and prospective buyer or at their usual place of abode a true and attested copy thereof. When there are two or more owners, or two or more buyers, the notice shall be served on each owner and on each buyer.
Sec. 59. Section 20-325e of the general statutes is repealed and the following is substituted in lieu thereof:
(a) Whenever one or more real property claims for liens are placed upon any real estate pursuant to section 20-325a, the owner of the real estate, if no action to foreclose the claim is then pending before any court, may make application, together with a proposed order and summons, to the superior court for the judicial district in which the lien may be foreclosed under the provisions of section 20-325a or to any judge thereof, that a hearing or hearings be held to determine whether the claim for lien or liens should be discharged or reduced. The court or judge shall thereupon order reasonable notice of the application to be given to the lienor or lienors named therein and, if the application is not made by all owners of the real estate as may appear of record, shall order reasonable notice of the application to be given to all other such owners, and shall set a date or dates for the hearing or hearings to be held thereon. If the lienor or lienors or any owner entitled to notice is not a resident of this state, the notice shall be given by personal service, registered or certified mail, publication or such other method as the court or judge shall direct. At least four days notice shall be given to the lienor, lienors or owners entitled to notice prior to the date of the hearing.
(b) The application, order and summons shall be substantially in the following form:
APPLICATION FOR DISCHARGE OR
REDUCTION OF REAL PROPERTY
CLAIM FOR LIEN
To the .... Court of ....
The undersigned represents:
1. That .... is the owner of the real estate described in Schedule A attached hereto.
2. That the names and addresses of all other owners of record of such real estate are as follows:
3. That on or about ...., (date) ...., (name of lienor) of .... (address of lienor) placed a real property claim for lien on such real estate and gave notice thereof.
4. That there is not probable cause to sustain the validity of such claim for lien (or: That such claim for lien is excessive).
5. That the applicant seeks an order for discharge (or reduction) of such claim for lien.
Name of Applicant
By ....
His Attorney
ORDER
The above application having been presented to the court, it is hereby ordered, that a hearing be held thereon at .... a.m. and that the applicant give notice to the following persons: (Names and addresses of persons entitled to notice) of the pendency of said application and of the time when it will be heard by causing a true and attested copy of the application, and of this order to be served upon such persons by some proper officer or indifferent person on or before .... and that due return of such notice be made to this court.
Dated at .... this .... day of .... 19...
SUMMONS
To the [sheriff] state marshal of the county of .... [, his deputy,] or either constable of the town of ...., in said county,
Greeting:
By authority of the state of Connecticut, you are hereby commanded to serve a true and attested copy of the above application and order upon ...., of .... by leaving the same in his hands or at his usual place of abode (or such other notice as ordered by the court) on or before ....
Hereof fail not but due service and return make.
Dated at .... this .... day of .... 19...
Commissioner of the Superior Court
(1) The clerk upon receipt of all the documents in duplicate, if he finds them to be in proper form, shall fix a date for a hearing on the application and sign the order of hearing and notice. An entry fee of twenty dollars shall then be collected and a copy of the original document shall be placed in the court file.
(2) The clerk shall deliver to the applicant's attorney the original of the documents for service. Service having been made, the original documents shall be returned to the court with the endorsement by the officer of his doings.
(c) If an action for foreclosure of the claim for lien is pending before any court, any party to that action may at any time prior to trial, unless an application under subsection (a) of this section has previously been ruled upon, move that the claim for lien be discharged or reduced.
(d) No more than one application under subsection (a) of this section or motion under subsection (c) of this section shall be ruled upon with respect to any single real property claim for lien, except that this subsection shall not preclude an application or motion by a person not given notice of the prior application or not a party to the action at the time the prior motion was ruled upon.
Sec. 60. Section 21-35j of the general statutes is repealed and the following is substituted in lieu thereof:
The provisions of this chapter shall not apply to or affect sales or persons conducting such sales pursuant to an order or process of a court of competent jurisdiction or to any [sheriff] state marshal, constable or other public or court officer or to any other person acting under the license, direction or authority of any state or federal court selling goods, wares or merchandise in the course of their official duties or to end of the season sales or to sales limited to closing out a particular brand or line of goods.
Sec. 61. Section 22-286 of the general statutes is repealed and the following is substituted in lieu thereof:
The Commissioner of Agriculture shall have authority to cooperate with the Animal and Plant Health Inspection Service, Veterinary Services, of the United States Department of Agriculture in any national system adopted by said department or service for the eradication of bovine tuberculosis or any contagious or infectious disease of any bovine animal. Said commissioner may accept from the United States such assistance, financial or otherwise, for the condemnation of diseased animals, for remunerating the owners thereof and for carrying out the provisions of this chapter and chapter 432, as may be available from time to time. Upon the acceptance of said system by the Governor, the inspectors of the Animal and Plant Health Inspection Service, Veterinary Services, of the United States Department of Agriculture shall have the right of inspection, quarantine and condemnation of animals affected with any contagious, infectious or communicable disease or suspected to be affected with, or that have been exposed to, any such disease, and may enter any grounds or premises for these purposes. They may call upon [sheriffs and] constables to assist them in the discharge of their duties in carrying out the provisions of such national system and of this section, [and sheriffs] and constables shall render such assistance when so called upon.
Sec. 62. Section 22-326b of the general statutes is repealed and the following is substituted in lieu thereof:
The Commissioner of Agriculture may cooperate with the United States Department of Agriculture in any national system adopted by said department for the eradication of avian diseases. The commissioner may accept from the United States such assistance, financial or otherwise, for the condemnation of diseased poultry, for remunerating the owners thereof, and for carrying out the provisions of sections 22-324, 22-326a and this section, as may be available from time to time. Upon the acceptance of such system by the Governor, the United States Department of Agriculture shall have the right of inspection, quarantine and condemnation of poultry and poultry products affected with any infectious, contagious or transmissible diseases or suspected to be affected with, or that have been exposed to, any such disease, and may enter any grounds or premises for these purposes. They may call upon [sheriffs and] constables to assist them in the discharge of their duties in carrying out the provisions of such national system and of this section, [and sheriffs] and constables shall render such assistance when called upon.
Sec. 63. Section 22-330 of the general statutes is repealed and the following is substituted in lieu thereof:
The commissioner, the Chief Animal Control Officer and any animal control officer in any part of the state, any regional animal control officer in the territory to which he is assigned and any municipal animal control officer in the municipality for which he has been appointed may arrest any person and may issue a written complaint and summons in furtherance thereof for any violation of any law relating to dogs or to any domestic animal in the same manner [sheriffs,] police officers or constables may exercise in their respective jurisdictions.
Sec. 64. Subsection (a) of section 22a-178 of the general statutes is repealed and the following is substituted in lieu thereof:
(a) If the commissioner finds that any person has violated any provision of this chapter, or any regulation, order, or permit adopted or issued thereunder, he may issue a written order against the person alleged to be committing such violation and shall cause a true copy thereof to be served upon such person by certified mail with return receipt requested or by a [sheriff] state marshal or indifferent person, and the original thereof, with a return of such service endorsed thereon, shall be filed with the commissioner. Such order shall specify the nature of the violation and specify a reasonable period of time within which such person shall take such measures as will correct or remedy any such violation.
Sec. 65. Subsection (b) of section 22a-225 of the general statutes is repealed and the following is substituted in lieu thereof:
(b) Each order issued under this chapter shall be served by certified mail, return receipt requested, or by service by a [sheriff] state marshal or indifferent person. If the order is served by a [sheriff] state marshal or indifferent person, a true copy of the order shall be served, and the original, with a return of such service endorsed thereon, shall be filed with the Commissioner of Environmental Protection. The order shall be deemed to be issued upon service or upon deposit in the mail. Any order issued pursuant to this chapter shall state the basis on which it is issued and shall specify a reasonable time for compliance.
Sec. 66. Subsection (a) of section 22a-250a of the general statutes is repealed and the following is substituted in lieu thereof:
(a) When any vehicle used as a means of disposing of hazardous waste without a permit required under the federal Resource Conservation and Recovery Act of 1976, or as a means of committing a violation of any of the provisions of section 22a-208a, section 22a-208c, subsection (c) or (d) of section 22a-250 or section 22a-252, has been seized as a result of a lawful arrest or lawful search, pursuant to a criminal search and seizure warrant issued under authority of section 54-33c, which the state claims to be a nuisance and desires to have destroyed or disposed of in accordance with the provisions of this section, the judge or court issuing any such warrant or before whom the arrested person is to be arraigned shall, within ten days after such seizure, cause to be left with the owner of, and with any person claiming of record a bona fide mortgage, assignment of lease or rent, lien or security interest in, the vehicle so seized, or at his usual place of abode, if he is known, or, if unknown, at the place where the vehicle was seized, a summons notifying the owner and any such other person claiming such interest and all others to whom it may concern to appear before such judge or court, at a place and time specified in such notice, which shall be not less than six nor more than twelve days after the service thereof. Such summons may be signed by a clerk of the court or his assistant and service may be made by a local or state police officer, [sheriff, deputy sheriff] state marshal, constable or other person designated by the Commissioner of Environmental Protection. It shall describe such vehicle with reasonable certainty and state when and where and why the same was seized.
Sec. 67. Subsection (f) of section 23-37 of the general statutes is repealed and the following is substituted in lieu thereof:
(f) Any state forest fire control personnel or fire warden shall have [all] the [powers of a deputy sheriff in the] power to arrest [of] any person for an alleged violation of the provisions of any statute for the protection of forest and timber land.
Sec. 68. Section 23-40 of the general statutes is repealed and the following is substituted in lieu thereof:
The state forest fire warden may appoint patrolmen, who shall receive compensation for the time actually employed, and may establish and equip fire lookout stations and furnish necessary equipment for such patrolmen. Any patrolman so appointed for such purpose shall have [all the powers of a deputy sheriff in] the power to arrest [of] any person for an alleged violation of any provision of the statutes for the protection of forest and timber land and shall also have authority to summon assistance as provided in section 23-37 and to render bills for such expenses as provided in section 23-39.
Sec. 69. Subsection (b) of section 26-6 of the general statutes is repealed and the following is substituted in lieu thereof:
(b) Conservation officers, special conservation officers and patrolmen may, without warrant, arrest any person for any violation of any of the provisions set forth in subsection (a) of this section, and any full-time conservation officer shall, in the performance of his duties in any part of the state, have the same powers to enforce such laws as do [sheriffs,] policemen or constables in their respective jurisdictions. Any full-time conservation officer shall, incident to a lawful arrest while enforcing such laws in the performance of his duties in any part of the state, have the same powers with respect to criminal matters and the enforcement of the law relating thereto as [sheriffs,] policemen or constables have in their respective jurisdictions.
Sec. 70. Section 26-206 of the general statutes is repealed and the following is substituted in lieu thereof:
The Commissioner of Agriculture may, upon the application of the Oystermen's Protective Association of Connecticut or the owner of any oyster franchise or grounds or any natural growers' association, during such time as the commissioner may determine, appoint and commission such number of policemen as he deems necessary to be designated by such association or owner, who, having been sworn to the faithful performance of their duties, may act as policemen upon the tidal waters and flats of this state and upon any boats, wharves or docks owned, leased or controlled by said association or a member thereof or an owner of oyster grounds. Said commissioner shall cause a record to be made of the issuance or revocation of any such commission. Any person so appointed shall have the powers [of a sheriff in making] to make arrests and, when on duty, shall wear in plain view a badge bearing conspicuously the words "Shellfish Policeman".
Sec. 71. Subsection (a) of section 27-189 of the general statutes is repealed and the following is substituted in lieu thereof:
(a) Any person not subject to this code who: (1) Has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer designated to take a deposition to be read in evidence before such a court; (2) has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the civil courts of the state; and (3) refuses to appear and testify or refuses to produce any evidence which that person has been duly subpoenaed to produce, may be, by warrant signed by the military judge, by the president of the court-martial, if a special court-martial to which no military judge has been detailed, or by the summary court officer and directed to [the sheriff of the county, his deputy] a state marshal or any constable of the town in which such witness resides, committed to a community correctional center, there to be held at his own expense until discharged by due course of law.
Sec. 72. Section 29-1g of the general statutes is repealed and the following is substituted in lieu thereof:
The Commissioner of Public Safety may appoint not more than two persons nominated by the Commissioner of Social Services as special policemen in the Bureau of Child Support Enforcement of the Department of Social Services for the service of any warrant or capias mittimus issued by the courts on child support matters. Such appointees, having been sworn, shall serve at the pleasure of the Commissioner of Public Safety and, during such tenure, shall have all the powers conferred on the state policemen [, sheriffs and their deputies] and state marshals.
Sec. 73. Section 29-7 of the general statutes is repealed and the following is substituted in lieu thereof:
The Division of State Police within the Department of Public Safety, upon its initiative, or when requested by any person, shall, whenever practical, assist in or assume the investigation, detection and prosecution of any criminal matter or alleged violation of law. All state policemen shall have, in any part of the state, the same powers with respect to criminal matters and the enforcement of the law relating thereto as [sheriffs,] policemen or constables have in their respective jurisdictions. Said commissioner shall devise and make effective a system of police patrols throughout the state, exclusive of cities and boroughs, for the purpose of preventing or detecting any violation of the criminal law or any law relating to motor vehicles and shall establish and maintain such barracks or substations as may prove necessary to accomplish such purpose.
Sec. 74. Section 29-10 of the general statutes is repealed and the following is substituted in lieu thereof:
Any person may, and any [deputy sheriff or] policeman, with the consent of the authority to which he is subject, shall, go to any part of the state when required by the Commissioner of Public Safety, and, while so acting under the authority of the commissioner, shall have all the powers conferred on state policemen and shall be paid such sum as is fixed by said commissioner.
Sec. 75. Section 29-12 of the general statutes is repealed and the following is substituted in lieu thereof:
All persons arrested for crime as described in section 29-11 shall submit to the taking of their fingerprints and physical description and all [sheriffs,] constables and chiefs of police of organized police departments and the commanding officers of state police stations shall immediately furnish to the State Police Bureau of Identification two copies of a standard identification card on which shall be imprinted fingerprints of each person so arrested, together with the physical description of, and such information as said bureau may require with respect to, such arrested person. All wardens of correctional institutions and the community correctional center administrator shall furnish to the State Police Bureau of Identification such information with respect to prisoners as said bureau requires. The Commissioner of Public Safety may adopt regulations for the submission to and the taking of fingerprints as required under this section which will promote efficiency and be consistent with advances in automation and technology.
Sec. 76. Section 29-18a of the general statutes is repealed and the following is substituted in lieu thereof:
The Commissioner of Public Safety may appoint one or more persons to act as special policemen in the Department of Public Safety, for the purpose of investigating public assistance fraud relating to the beneficiaries of public assistance in this state. Such appointees, having been sworn, shall serve at the pleasure of the Commissioner of Public Safety and, during such tenure, shall have all the powers conferred on state policemen. [, sheriffs and their deputies.] They shall, in addition to their duties concerning public assistance cases, be subject to the call of the Commissioner of Public Safety for such emergency service as he may prescribe.
Sec. 77. Subsection (a) of section 29-35 of the general statutes, as amended by section 2 of public act 99-212, is repealed and the following is substituted in lieu thereof:
(a) No person shall carry any pistol or revolver upon one's person, except when such person is within the dwelling house or place of business of such person, without a permit to carry the same issued as provided in section 29-28. The provisions of this subsection shall not apply to the carrying of any pistol or revolver by any [sheriff,] parole officer or peace officer of this state, or [sheriff,] parole officer or peace officer of any other state while engaged in the pursuit of official duties, or federal marshal or federal law enforcement agent, or to any member of the armed forces of the United States, as defined by section 27-103, or of this state, as defined by section 27-2, when on duty or going to or from duty, or to any member of any military organization when on parade or when going to or from any place of assembly, or to the transportation of pistols or revolvers as merchandise, or to any person transporting any pistol or revolver while contained in the package in which it was originally wrapped at the time of sale and while transporting the same from the place of sale to the purchaser's residence or place of business, or to any person removing such person's household goods or effects from one place to another, or to any person while transporting any such pistol or revolver from such person's place of residence or business to a place or individual where or by whom such pistol or revolver is to be repaired or while returning to such person's place of residence or business after the same has been repaired, or to any person transporting a pistol or revolver in or through the state for the purpose of taking part in competitions, taking part in formal pistol or revolver training, repairing such pistol or revolver or attending any meeting or exhibition of an organized collectors' group if such person is a bona fide resident of the United States and is permitted to possess and carry a pistol or revolver in the state or subdivision of the United States in which such person resides, or to any person transporting a pistol or revolver to and from a testing range at the request of the issuing authority, or to any person transporting an antique pistol or revolver, as defined in section 29-33. For the purposes of this subsection, "formal pistol or revolver training" means pistol or revolver training at a locally approved or permitted firing range or training facility, and "transporting a pistol or revolver" means transporting a pistol or revolver that is unloaded and, if such pistol or revolver is being transported in a motor vehicle, is not readily accessible or directly accessible from the passenger compartment of the vehicle or, if such pistol or revolver is being transported in a motor vehicle that does not have a passenger compartment, is contained in a locked container other than the glove compartment or console. Nothing in this section shall be construed to prohibit the carrying of a pistol or revolver during formal pistol or revolver training or repair.
Sec. 78. Section 29-37a of the general statutes, as amended by section 16 of public act 99-212, is repealed and the following is substituted in lieu thereof:
(a) No person, firm or corporation may deliver, at retail, any firearm, as defined in section 53a-3, other than a pistol or revolver, to any person unless such person makes application on a form prescribed and furnished by the Commissioner of Public Safety, which shall be attached by the vendor to the federal sale or transfer document and filed and retained by the vendor for at least twenty years or until such vendor goes out of business. Such application shall be available for inspection during normal business hours by law enforcement officials. No sale or delivery of any firearm shall be made until the expiration of two weeks from the date of the application, and until the person, firm or corporation making such sale, delivery or transfer has insured that such application has been completed properly and has obtained an authorization number from the Commissioner of Public Safety for such sale, delivery or transfer. The Department of Public Safety shall make every effort, including performing the national instant criminal background check, to determine if the applicant is eligible to receive such firearm. If it is determined that the applicant is ineligible to receive such firearm, the Commissioner of Public Safety shall immediately notify the person, firm or corporation to whom such application was made and no such firearm shall be sold or delivered to such applicant by such person, firm or corporation. When any firearm is delivered in connection with the sale or purchase, such firearm shall be enclosed in a package, the paper or wrapping of which shall be securely fastened, and no such firearm when delivered on any sale or purchase shall be loaded or contain any gunpowder or other explosive or any bullet, ball or shell.
(b) Upon the delivery of the firearm, the purchaser shall sign in triplicate a receipt for such firearm which shall contain the name and address of such purchaser, the date of sale, caliber, make, model and manufacturer's number and a general description thereof. Not later than twenty-four hours after such delivery, the vendor shall send by first class mail or electronically transfer one receipt to the Commissioner of Public Safety and one receipt to the chief of police or, where there is no chief of police, the warden of the borough or the first selectman, of the town in which the purchaser resides, and shall retain one receipt, together with the original application, for at least five years. The waiting period specified in subsection (a) of this section during which delivery may not be made and the provisions of this subsection shall not apply to any federal marshal, [sheriff,] parole officer or peace officer, or to the delivery at retail of (1) any firearm to a holder of a valid state permit to carry a pistol or revolver issued under the provisions of section 29-28 or a valid eligibility certificate issued under the provisions of section 29-36f, (2) any firearm to an active member of the armed forces of the United States or of any reserve component thereof, (3) any firearm to a holder of a valid hunting license issued pursuant to chapter 490, or (4) antique firearms. For the purposes of this section, "antique firearm" means any firearm which was manufactured in or before 1898 and any replica of such firearm provided such replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition except rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and not readily available in the ordinary channel of commercial trade.
Sec. 79. Section 30-45 of the general statutes is repealed and the following is substituted in lieu thereof:
The Department of Consumer Protection shall refuse permits for the sale of alcoholic liquor to the following persons: (1) Any [sheriff, deputy sheriff] state marshal, judicial marshal, judge of any court, prosecuting officer or member of any police force, (2) any first selectman holding office and acting as a chief of police in the town within which the permit premises are to be located, (3) a minor, and (4) any constable who performs criminal law enforcement duties and is considered a peace officer by town ordinance pursuant to the provisions of subsection (a) of section 54-1f, any constable who is certified under the provisions of sections 7-294a to 7-294e, inclusive, who performs criminal law enforcement duties pursuant to the provisions of subsection (c) of section 54-1f, or any special constable appointed pursuant to section 7-92. This section shall not apply to out-of-state shippers', boat and airline permits. As used in this section, "minor" means a minor as defined in section 1-1d or as defined in section 30-1, whichever age is older.
Sec. 80. Section 30-106 of the general statutes is repealed and the following is substituted in lieu thereof:
Every officer who has a warrant for the arrest of any person charged with keeping a house of ill-fame, or a house reputed to be a house of ill-fame, or a house of assignation or a house where lewd, dissolute or drunken persons resort, or where drinking, carousing, dancing and fighting are permitted, to the disturbance of the neighbors, or with violating any law against gaming in the house or rooms occupied by him, or with resorting to any house for any of said purposes, and every officer who has a warrant for the arrest of any person charged with keeping open any room, place, enclosure, building or structure, of any kind or description, in which it is reputed that alcoholic liquor is exposed for sale contrary to law, or with selling alcoholic liquor, in any place contrary to law, or for the seizure of alcoholic liquor, may, at any time, for the purpose of gaining admission to such house, room, place, enclosure, building or structure, or for the purpose of arresting any of the persons aforesaid, make violent entry into such house, room, place, enclosure, building or structure, or any part thereof, after demanding admittance and giving notice that he is an officer and has such warrant, and may arrest any person so charged and take him before the proper authority. The Department of Consumer Protection, its agents [, the sheriff of the county, and any deputy sheriff by him specially authorized] and any member of any organized police department in any town, city or borough, and any state policeman, may, at any time, enter upon the premises of any permittee to ascertain the manner in which such person conducts his business and to preserve order.
Sec. 81. Subsection (a) of section 31-294d of the general statutes is repealed and the following is substituted in lieu thereof:
(a) The employer, as soon as he has knowledge of an injury, shall provide a competent physician or surgeon to attend the injured employee and, in addition, shall furnish any medical and surgical aid or hospital and nursing service, including medical rehabilitation services, as the physician or surgeon deems reasonable or necessary. If the injured employee is a local or state police officer, [high sheriff, chief deputy sheriff, deputy sheriff, special deputy sheriff] state marshal, judicial marshal, correction officer, emergency medical technician, paramedic, ambulance driver, fire fighter, or active member of a volunteer fire company or fire department engaged in volunteer duties, who has been exposed in the line of duty to blood or bodily fluids which may carry blood-borne disease, the medical and surgical aid or hospital and nursing service provided by his employer shall include any relevant diagnostic and prophylactic procedure for and treatment of any blood-borne disease.
Sec. 82. Subsection (b) of section 36b-21 of the general statutes, as amended by section 4 of public act 99-38, is repealed and the following is substituted in lieu thereof:
(b) The following transactions are exempted from sections 36b-16 and 36b-22: (1) Any isolated nonissuer transaction, whether effected through a broker-dealer or not; (2) any nonissuer transaction by a registered agent of a registered broker-dealer in a security of a class that has been outstanding in the hands of the public for at least ninety days provided, at the time of the transaction: (A) The security is sold at a price reasonably related to the current market price of the security; (B) the security does not constitute the whole or part of an unsold allotment to, or a subscription or participation by, the broker-dealer as an underwriter of the security; (C) a nationally recognized securities manual contains (i) a description of the business and operations of the issuer; (ii) the names of the issuer's officers and directors or, in the case of a non-United-States issuer, the corporate equivalents of such persons in the issuer's country of domicile; (iii) an audited balance sheet of the issuer as of a date within eighteen months, or in the case of a reorganization or merger where the parties to the reorganization or merger had such audited balance sheet, a pro forma balance sheet; and (iv) an audited income statement for each of the issuer's immediately preceding two fiscal years, or for the period of existence of the issuer, if in existence for less than two years, or in the case of a reorganization or merger where the parties to the reorganization or merger had such audited income statement, a pro forma income statement; and (D) the issuer of the security has a class of equity securities listed on a national securities exchange registered under the Securities Exchange Act of 1934, or designated for trading on the National Association of Securities Dealers Automated Quotation System, unless the issuer, including any predecessors of the issuer (i) has been engaged in continuous business for at least three years or (ii) has total assets of at least two million dollars based on an audited balance sheet of the issuer as of a date within eighteen months, or in the case of a reorganization or merger where the parties to the reorganization or merger had such audited balance sheet, a pro forma balance sheet. The exemption in this subdivision shall not be available for any distribution of securities issued by a blank check company, shell company, dormant company or any issuer that has been merged or consolidated with or has bought out a blank check company, shell company or dormant company unless the issuer or any predecessor has continuously operated its business for at least the preceding five years and has had gross operating revenue in each of the preceding five years, including gross operating revenue of at least five hundred thousand dollars per year in three of the preceding five years; (3) any nonissuer distribution of an outstanding security if the security has a fixed maturity or a fixed interest or dividend provision and there has been no default during the current fiscal year or within the three preceding fiscal years, or during the existence of the issuer and any predecessors if less than three years, in the payment of principal, interest or dividends on the security; (4) any nonissuer transaction effected by or through a registered broker-dealer pursuant to an unsolicited order or offer to buy; but the commissioner may by regulation require that the customer acknowledge upon a specified form that the sale was unsolicited, and that a signed copy of each such form be preserved by the broker-dealer for a specified period or that the confirmation delivered to the purchaser or a memorandum delivered in connection therewith shall confirm that such purchase was unsolicited by the broker-dealer or any agent of the broker-dealer; (5) any transaction between the issuer or other person on whose behalf the offering is made and an underwriter, or among underwriters; (6) any transaction in a bond or other evidence of indebtedness secured by a real or chattel mortgage or deed of trust or by an agreement for the sale of real estate or chattels, if the entire mortgage, deed of trust or agreement, together with all the bonds or other evidences of indebtedness secured thereby, is offered and sold as a unit; (7) any transaction by an executor, administrator, [sheriff] state marshal, marshal, receiver, trustee in bankruptcy, creditors' committee in a proceeding under the Bankruptcy Act, guardian or conservator; (8) any transaction executed by a bona fide pledgee without any purpose of evading sections 36b-2 to 36b-33, inclusive; (9) any offer or sale to a bank and trust company, a national banking association, a savings bank, a savings and loan association, a federal savings and loan association, a credit union, a federal credit union, trust company, insurance company, investment company as defined in the Investment Company Act of 1940, pension or profit-sharing trust, or other financial institution or institutional buyer, or to a broker-dealer, whether the purchaser is acting for itself or in some fiduciary capacity; (10) (A) subject to the provisions of this subdivision, any transaction not involving a public offering within the meaning of Section 4(2) of the Securities Act of 1933, but not including any transaction specified in the rules and regulations thereunder; (B) subject to the provisions of this subdivision, any transaction made in accordance with the uniform exemption from registration for small issuers authorized in Section 19(c)(3)(C) of the Securities Act of 1933. (C) The exemptions set forth in subparagraphs (A) and (B) of this subdivision shall not be available for transactions in securities issued by any blank check company, shell company or dormant company. (D) The exemptions set forth in subparagraphs (A) and (B) of this subdivision may, with respect to any security or transaction or any type of security or transaction, be modified, withdrawn, further conditioned or waived as to conditions, in whole or in part, conditionally or unconditionally, by the commissioner, acting by regulation, rule or order, on a finding that such regulation, rule or order is necessary or appropriate in the public interest or for the protection of investors. (E) A fee of one hundred fifty dollars shall accompany any filing made with the commissioner pursuant to this subdivision; (11) any offer or sale of a preorganization certificate or subscription if (A) no commission or other remuneration is paid or given directly or indirectly for soliciting any prospective subscriber, (B) the number of subscribers does not exceed ten, and (C) no payment is made by any subscriber; (12) any transaction pursuant to an offer to existing security holders of the issuer, including persons who at the time of the transaction are holders of convertible securities, nontransferable warrants or transferable warrants exercisable within not more than ninety days of their issuance, if (A) no commission or other remuneration other than a standby commission is paid or given directly or indirectly for soliciting any security holder in this state, or (B) the issuer first files a notice, in such form and containing such information as the commissioner may by regulation prescribe, specifying the terms of the offer and the commissioner does not by order disallow the exemption within the next ten full business days; (13) any offer, but not a sale, of a security for which registration statements have been filed under both sections 36b-2 to 36b-33, inclusive, and the Securities Act of 1933, if no stop order or refusal order is in effect and no public proceeding or examination looking toward such an order is pending under either said sections or the Securities Act of 1933; (14) any transaction exempt under Section 4(6) of the Securities Act of 1933, and the rules and regulations thereunder. The issuer shall, prior to the first sale, file with the commissioner a notice, in such form and containing such information as the commissioner may by regulation, rule or order prescribe. A fee of one hundred fifty dollars shall accompany any such filing made pursuant to this subdivision; (15) any transaction if all the following conditions are satisfied: (A) The offer and sale is effectuated by the issuer of the security; (B) the total number of purchasers of all securities of the issuer does not exceed ten. A subsequent sale of securities that (i) is registered under sections 36b-2 to 36b-33, inclusive, (ii) is sold pursuant to an exemption under said sections other than this subdivision, or (iii) involves covered securities, shall not be integrated with a sale pursuant to this exemption in computing the number of purchasers hereunder. For the purpose of this subdivision, each of the following is deemed to be a single purchaser of a security: A husband and wife, a child and his parent or guardian when the parent or guardian holds the security for the benefit of the child, a corporation, a partnership, an association or other unincorporated entity, a joint stock company or a trust, but only if the corporation, partnership, association, unincorporated entity, joint stock company or trust was not formed for the purpose of purchasing the security; (C) no advertisement, article, notice or other communication published in any newspaper, magazine or similar medium, or broadcast over television or radio, or any other general solicitation is used in connection with the sale; and (D) no commission, discount or other remuneration is paid or given directly or indirectly in connection with the offer and sale, and the total expenses, excluding legal and accounting fees, in connection with the offer and sale do not exceed one per cent of the total sales price of the securities. For purposes of this subdivision, a difference in the purchase price among the purchasers shall not, in and of itself, be deemed to constitute indirect remuneration; (16) any transaction exempt under Rule 701, 17 CFR Section 230.701 promulgated under Section 3(b) of the Securities Act of 1933; (17) any other transaction that the commissioner may exempt, conditionally or unconditionally, on a finding that registration is not necessary or appropriate in the public interest or for the protection of investors.
Sec. 83. Subsection (c) of section 38a-18 of the general statutes is repealed and the following is substituted in lieu thereof:
(c) Whenever the commissioner makes any seizure as provided in subsection (b) of this section, [the sheriff of the county in which the principal office of the company is located,] the chief of police for the town or municipality in which the principal office of the company is located, and the Commissioner of Public Safety, shall, on demand of the commissioner, furnish him with such [deputies,] patrolmen, troopers or officers as may be necessary in enforcing or effecting any such seizure. Not more than fifteen days after making any seizure, the commissioner shall institute a proceeding under subsection (a) of this section, returnable not less than twelve or more than thirty days after the service thereof.
Sec. 84. Subsection (b) of section 42-133f of the general statutes is repealed and the following is substituted in lieu thereof:
(b) If the franchise which is the subject of a notice of termination, cancellation or failure to renew provided for in subsection (a) of this section is operated on premises leased by the franchisor to the franchisee under a lease which terminates upon termination of the franchise, and if the franchisor seeks to terminate the lease, the notice shall be served upon the franchisee by a [sheriff] state marshal or indifferent person and shall expressly state that said lease shall terminate upon termination of the franchise, and shall further state that the franchisee may have certain rights under sections 42-133f and 42-133g, which sections shall be reproduced and attached to the notice.
Sec. 85. Section 45a-316 of the general statutes is repealed and the following is substituted in lieu thereof:
Whenever, upon the application of a creditor or other person interested in the estate of a deceased person, it is found by the court of probate having jurisdiction of the estate that the granting of administration on the estate or the probating of the will of the deceased will be delayed, or that it is necessary for the protection of the estate of the deceased, the court may, with or without notice, appoint a temporary administrator to hold and preserve the estate until the appointment of an administrator or the probating of the will. The court shall require from such administrator a probate bond. If the court deems it more expedient, it may order any [deputy sheriff] state marshal or constable to take possession of the estate until the appointment of an administrator or executor.
Sec. 86. Subsection (a) of section 45a-649 of the general statutes is repealed and the following is substituted in lieu thereof:
(a) Upon an application for involuntary representation, the court shall issue a citation to the following enumerated parties to appear before it at a time and place named in the citation, which shall be served on the parties at least seven days before the hearing date, which date shall not be more than thirty days after the receipt of the application by the Court of Probate unless continued for cause shown. Notice of the hearing shall be sent within thirty days after receipt of the application. (1) The court shall direct that personal service be made, by a [sheriff or his deputy] state marshal, constable or an indifferent person, upon the following: (A) The respondent, except that if the court finds personal service on the respondent would be detrimental to the health or welfare of the respondent, the court may order that such service be made upon counsel for the respondent, if any, and if none, upon the attorney appointed under subsection (b) of this section; (B) the respondent's spouse, if any, if the spouse is not the applicant, except that in cases where the application is for involuntary representation pursuant to section 17b-456, and there is no spouse, the court shall order notice by certified mail to the children of the respondent and if none, the parents of the respondent and if none, the brothers and sisters of the respondent or their representatives, and if none, the next of kin of such respondent. (2) The court shall order such notice as it directs to the following: (A) The applicant; (B) the person in charge of welfare in the town where the respondent is domiciled or resident and if there is no such person, the first selectman or chief executive officer of the town if the respondent is receiving assistance from the town; (C) the Commissioner of Social Services, if the respondent is in a state-operated institution or receiving aid, care or assistance from the state; (D) by registered or certified mail, to the Administrator of Veterans Affairs if the respondent is receiving veterans' benefits or the Veterans Home and Hospital, or both, if the respondent is receiving aid or care from such hospital, or both; (E) the Commissioner of Administrative Services, if the respondent is receiving aid or care from the state; (F) the children of the respondent and if none, the parents of the respondent and if none, the brothers and sisters of the respondent or their representatives; (G) the person in charge of the hospital, nursing home or some other institution, if the respondent is in a hospital, nursing home or some other institution. (3) The court, in its discretion, may order such notice as it directs to other persons having an interest in the respondent and to such persons the respondent requests be notified.
Sec. 87. Subsection (a) of section 45a-671 of the general statutes is repealed and the following is substituted in lieu thereof:
(a) Within forty-five days of filing such application in the Court of Probate, such court shall assign a time and place for hearing such application. Notwithstanding the provisions of section 45a-7, the court may hold the hearing on said application at a place within the state other than its usual courtroom if it would facilitate the presence of the respondent. Such court shall cause a citation and notice to be served upon the respondent by personal service made by a [sheriff or his deputy] state marshal, constable or an indifferent person not less than seven days prior to such hearing date.
Sec. 88. Section 45a-693 of the general statutes is repealed and the following is substituted in lieu thereof:
Upon such application for a determination of ability to give informed consent, such court shall assign a time, not later than thirty days thereafter, and a place for hearing such application. Any hearing held under this section shall be pursuant to sections 51-72 and 51-73. Notwithstanding the provisions of section 45a-7, the court may hold the hearing on said application at a place within the state other than the usual courtroom if it would facilitate the presence of the respondent. Such court shall cause a citation and notice to be served on the following parties at least seven days prior to such hearing date. (1) The court shall direct personal service be made by a [sheriff or his deputy] state marshal, constable or indifferent person upon the respondent and if the respondent is in the hospital, nursing home, state school or some other institution, in addition to the respondent, upon the chief executive, officer or administrator in such hospital, nursing home, state school or other institution. (2) The court shall order such notice as it directs to the following: (A) The parents of the respondent, if any, (B) the spouse of the respondent, if any, (C) the siblings of such applicant, if any, if the respondent has no living parents, (D) the office of protection and advocacy, and (E) such other persons as the court may determine have interest in the respondent.
Sec. 89. Subsection (d) of section 46a-82e of the general statutes is repealed and the following is substituted in lieu thereof:
(d) (1) If a complaint has been pending for more than two years after the date of filing pursuant to section 46a-82, and if the investigator fails to issue a finding of reasonable cause or no reasonable cause by the date ordered by the executive director of the commission pursuant to subsection (c) of this section, the complainant or respondent may petition the superior court for the judicial district of Hartford for an order requiring the commission to issue a finding of reasonable cause or no reasonable cause by a date certain. The petitioner shall submit the petition on forms prescribed by the Office of the Chief Court Administrator.
(2) The clerk, upon receipt of the petition and if the clerk finds it to be in the proper form, shall fix a date for the hearing and sign the notice of hearing. The hearing date shall be no more than thirty days after the clerk signs the notice. Service shall be made on the commission and all persons named in the discriminatory practice complaint at least twenty days prior to the date of hearing by United States mail, certified or registered, postage prepaid, return receipt requested, without the use of a [sheriff] state marshal or other officer. Service on the commission shall be made on the executive director of the commission or the commission counsel. Within five days of service, the petitioner shall file with the court an affidavit stating the date and manner in which a copy of the petition was served and attach to the affidavit the return receipts indicating delivery of the petition.
(3) Within ten days after receipt of the petition, any party, including the commission, may file an answer. The commission and all persons named in the discriminatory practice complaint shall have the right to appear and be heard at the hearing.
(4) If the commission and parties agree on a date certain, the court shall order the commission to issue a finding by said date. If the allegations of the petition are contested, the court shall hold a hearing on the petition and issue an appropriate order. Hearing of oral argument on the petition shall take precedence over other matters in the court, as provided in section 46a-96. The court shall award court costs and attorney's fees to the petitioner, provided such party is a "person", as defined in subsection (l) of section 4-184a, unless the commission shows good cause for not issuing the finding of reasonable cause or no reasonable cause within two years of the date of filing or the date ordered by the executive director for the investigator to issue such finding, whichever is later. An award of court costs and attorney's fees shall be subject to the court's discretion, but shall not exceed a total of five hundred dollars.
(5) This subsection shall not apply to complaints initiated by the commission or to pattern or practice or systemic cases.
Sec. 90. Subsection (b) of section 46b-125 of the general statutes is repealed and the following is substituted in lieu thereof:
(b) Probation officers shall make such investigations and reports as the court directs or the law requires. They shall execute the orders of the court; and, for that purpose, such probation officers, and any other employees specifically designated by the court to assist the probation officers in the enforcement of such orders, shall have the authority of a [deputy sheriff in each county of the state] state marshal. They shall preserve a record of all cases investigated or coming under their care, and shall keep informed concerning the conduct and condition of each person under supervision and report thereon to the court as it may direct. Any juvenile probation officer or juvenile matters investigator, authorized by the Office of the Chief Court Administrator, may arrest any juvenile on probation without a warrant or may deputize any other officer with power to arrest to do so by giving him a written statement setting forth that the juvenile has, in the judgment of the juvenile probation officer or juvenile matters investigator, violated the conditions of his probation. When executing such orders of the court, except when using deadly physical force, juvenile probation officers and juvenile matters investigators shall be deemed to be acting in the capacity of a peace officer, as defined in subdivision (9) of section 53a-3.
Sec. 91. Section 46b-144 of the general statutes is repealed and the following is substituted in lieu thereof:
In committing a child or youth to a custodial agency, other than its natural guardians, the court shall, as far as practicable, select as such agency some person of like faith to that of the parent or parents of the child or youth or some agency or institution governed by persons of such faith, unless such agency or institution is a state or municipal agency or institution. In the order of committal, the court shall designate some indifferent person to serve the commitment process, and such indifferent person may be accompanied by any suitable relative or friend of such child or youth. If the person designated to serve such commitment process is an officer, such officer shall not serve such commitment process while dressed in the uniform of any police officer, [or sheriff,] and no such officer shall, while serving any such commitment process, wear plainly displayed any police officer's [or sheriff's] badge.
Sec. 92. Section 46b-150 of the general statutes is repealed and the following is substituted in lieu thereof:
Any minor who has reached his sixteenth birthday and is residing in this state, or any parent or guardian of such minor, may petition the superior court for juvenile matters or the probate court for the district in which either the minor or his parents or guardian resides for a determination that the minor named in the petition be emancipated. The petition shall be verified and shall state plainly: (1) The facts which bring the minor within the jurisdiction of the court, (2) the name, date of birth, sex and residence of the minor, (3) the name and residence of his parent, parents or guardian, and (4) the name of the petitioner and his relationship to the minor. Upon the filing of the petition in the Superior Court, the court shall cause a summons to be issued to the minor and his parent, parents or guardian, in the manner provided in section 46b-128. Upon the filing of the petition in the Probate Court, the court shall assign a time, not later than thirty days thereafter, and a place for hearing such petition. The court shall cause a citation and notice to be served on the minor and his parent, if the parent is not the petitioner, at least seven days prior to the hearing date, by a [sheriff, his deputy] state marshal, constable or indifferent person. The court shall direct notice by certified mail to the parent, if the parent is the petitioner. The court shall order such notice as it directs to the Commissioner of Children and Families, and other persons having an interest in the minor.
Sec. 93. Subsection (a) of section 46b-160 of the general statutes is repealed and the following is substituted in lieu thereof:
(a) Proceedings to establish paternity of a child born or conceived out of lawful wedlock, including one born to, or conceived by, a married woman but begotten by a man other than her husband, shall be commenced by the service on the putative father of a verified petition of the mother or expectant mother. The verified petition, summons and order shall be filed in the superior court for the judicial district in which either she or the putative father resides, except that in IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231 and in petitions brought under sections 46b-212 to 46b-213v, inclusive, such petition shall be filed with the clerk for the Family Support Magistrate Division serving the judicial district where either she or the putative father resides. In cases involving public assistance recipients the petition shall also be served upon the Attorney General who shall be and remain a party to any paternity proceeding and to any proceedings after judgment in such action. The court or any judge, or family support magistrate, assigned to said court shall cause a summons, signed by him, by the clerk of said court, or by a commissioner of the Superior Court to be issued, requiring the putative father to appear in court at a time and place as determined by the clerk but not more than ninety days after the issuance of the summons to show cause, if any he has, why the request for relief in such petition should not be granted. A [sheriff] state marshal, proper officer or investigator shall make due returns of process to the court not less than twenty-one days before the date assigned for hearing. Such petition, summons and order shall be on forms prescribed by the Office of the Chief Court Administrator. In the case of a child or expectant mother being supported wholly or in part by the state, service of such petition may be made by any investigator employed by the Department of Social Services and any proper officer authorized by law. Such petition may be brought at any time prior to the child's eighteenth birthday, provided liability for past support shall be limited to the three years next preceding the date of the filing of any such petition. If the putative father fails to appear in court at such time and place, the court or family support magistrate shall hear the petitioner and, upon a finding that process was served on the putative father, shall enter a default judgment of paternity against such father and such other orders as the facts may warrant. Such court or family support magistrate may order continuance of such hearing; and if such mother or expectant mother continues constant in her accusation, it shall be evidence that the respondent is the father of such child. The court or family support magistrate shall, upon motion by a party, issue an order for temporary support of the child by the respondent pending a final judgment of the issue of paternity if such court or magistrate finds that there is clear and convincing evidence of paternity which evidence shall include, but not be limited to, genetic test results indicating a ninety-nine per cent or greater probability that such respondent is the father of the child.
Sec. 94. Subsection (c) of section 46b-172 of the general statutes is repealed and the following is substituted in lieu thereof:
(c) At any time after the signing of any acknowledgment of paternity, upon the application of any interested party, the court or any judge thereof or any family support magistrate in IV-D support cases and in matters brought under sections 46b-212 to 46b-213v, inclusive, shall cause a summons, signed by him, by the clerk of said court or by a commissioner of the Superior Court, to be issued, requiring the acknowledged father to appear in court at a time and place as determined by the clerk but not more than ninety days after the issuance of the summons, to show cause, if any he has, why the court or the family support magistrate assigned to the judicial district in IV-D support cases should not enter judgment for support of the child by payment of a periodic sum until the child attains the age of eighteen years, together with provision for reimbursement for past due support based upon ability to pay in accordance with the provisions of section 17b-81, 17b-223, subsection (b) of section 17b-179, section 17a-90, 46b-129 or 46b-130, a provision for health coverage of the child as required by section 46b-215, and reasonable expense of the action under this subsection. Such court or family support magistrate, in IV-D cases, shall also have the authority to order the acknowledged father who is subject to a plan for reimbursement of past-due support and is not incapacitated, to participate in work activities which may include, but shall not be limited to, job search, training, work experience and participation in the job training and retraining program established by the Labor Commissioner pursuant to section 31-3t. The application, summons and order shall be on forms prescribed by the Office of the Chief Court Administrator. Proceedings to obtain such orders of support shall be commenced by the service of such summons on the acknowledged father. A [sheriff] state marshal or proper officer shall make due return of process to the court not less than twenty-one days before the date assigned for hearing. The prior judgment as to paternity shall be res judicata as to that issue for all paternity acknowledgments filed with the court on or after March 1, 1981, but before July 1, 1997, and shall not be reconsidered by the court unless the person seeking review of the acknowledgment petitions the superior court for the judicial district having venue for a hearing on the issue of paternity within three years of such judgment. In addition to such review, if the acknowledgment of paternity was filed prior to March 1, 1981, the acknowledgment of paternity may be reviewed by denying the allegation of paternity in response to the initial petition for support, whenever it is filed. All such payments shall be made to the petitioner, except that in IV-D support cases, as defined in subsection (b) of section 46b-231, payments shall be made to the state, acting by and through the IV-D agency.
Sec. 95. Subsection (a) of section 46b-215 of the general statutes, as amended by section 31 of public act 99-279, is repealed and the following is substituted in lieu thereof:
(a) (1) The Superior Court or a family support magistrate shall have authority to make and enforce orders for payment of support against any person who neglects or refuses to furnish necessary support to such person's spouse or a child under the age of eighteen, according to such person's ability to furnish such support, notwithstanding the provisions of section 46b-37.
(2) Any such support order in a IV-D support case shall include a provision for the health care coverage of the child which provision may include an order for either parent to name any child under eighteen as a beneficiary of any medical or dental insurance or benefit plan carried by such parent or available to such parent on a group basis through an employer or a union. If such insurance coverage is unavailable at reasonable cost, the provision for health care coverage may include an order for either parent to apply for and maintain coverage on behalf of the child under the HUSKY Plan, Part B. The noncustodial parent shall be ordered to apply for the HUSKY Plan, Part B only if such parent is found to have sufficient ability to pay the appropriate premium. In any IV-D support case in which the noncustodial parent is found to have insufficient ability to provide medical insurance coverage and the custodial party is the HUSKY Plan, Part A or Part B applicant, the provision for health care coverage may include an order for the noncustodial parent to pay such amount as is specified by the court or family support magistrate to the state or the custodial party, as their interests may appear, to offset the cost of any insurance payable under the HUSKY Plan, Part A or Part B. In no event may such order include payment to offset the cost of any such premium if such payment would reduce the amount of current support required under the child support guidelines.
(3) Proceedings to obtain orders of support under this section shall be commenced by the service on the liable person or persons of a verified petition with summons and order, in a form prescribed by the Office of the Chief Court Administrator, of the husband or wife, child or any relative or the conservator, guardian or support enforcement officer, town or state, or any selectmen or the public official charged with the administration of public assistance of the town, or in TANF support cases, as defined in subdivision (14) of subsection (b) of section 46b-231, the Commissioner of Social Services. The verified petition, summons and order shall be filed in the judicial district in which the petitioner or respondent resides or does business, or if filed in the Family Support Magistrate Division, in the judicial district in which the petitioner or respondent resides or does business.
(4) For purposes of this section, the term "child" shall include one born out of wedlock whose father has acknowledged in writing paternity of such child or has been adjudged the father by a court of competent jurisdiction, or a child who was born before marriage whose parents afterwards intermarry.
(5) Said court or family support magistrate shall also have authority to make and enforce orders directed to the conservator or guardian of any person, or payee of Social Security or other benefits to which such person is entitled, to the extent of the income or estate held by such fiduciary or payee in any such capacity.
(6) Said court or family support magistrate shall also have authority to determine, order and enforce payment of any sums due under a written agreement to support against the person liable for such support under such agreement.
(7) (A) Said court or family support magistrate shall also have authority to determine, order and enforce payment of any support due because of neglect or refusal to furnish support prior to the action.
(B) In the determination of support due based on neglect or refusal to furnish support prior to the action, the support due for periods of time prior to the action shall be based upon the obligor's ability to pay during such prior periods. The state shall disclose to the court any information in its possession concerning current and past ability to pay. With respect to such orders entered into on or after October 1, 1991, if no information is available to the court concerning past ability to pay, the court may determine the support due for periods of time prior to the action as if past ability to pay is equal to current ability to pay if known or, if not known, based upon assistance rendered to the child.
(C) Any finding as to support due for periods of time prior to the action which is made without information concerning past ability to pay shall be entered subject to adjustment when such information becomes available to the court. Such adjustment may be made upon motion of any party within four months from the date upon which the obligor receives notification of (i) the amount of such finding of support due for periods of time prior to the action, and (ii) the right within four months of receipt of such notification to present evidence as to past ability to pay support for such periods of time prior to the action.
(8) (A) The judge or family support magistrate shall cause a summons, signed by such judge or magistrate, by the clerk of said court or Family Support Magistrate Division, or by a commissioner of the Superior Court to be issued requiring such liable person or persons to appear in court or before a family support magistrate, at a time and place as determined by the clerk but not more than ninety days after the issuance of the summons. Service may be made by a [sheriff] state marshal, any proper officer or any investigator employed by the Department of Social Services or by the Commissioner of Administrative Services. The [sheriff] state marshal, proper officer or investigator shall make due return of process to the court not less than twenty-one days before the date assigned for hearing. Upon proof of the service of the summons to appear in court or before a family support magistrate at the time and place named for hearing upon such petition, the failure of the defendant or defendants to appear shall not prohibit the court or family support magistrate from going forward with the hearing. If the summons and order is signed by a commissioner of the Superior Court, upon proof of service of the summons to appear in court or before a family support magistrate and upon the failure of the defendant to appear at the time and place named for hearing upon the petition, request may be made by the petitioner to the court or family support magistrate for an order that a capias mittimus be issued.
(B) In the case of a person supported wholly or in part by a town, the welfare authority of the town shall notify the responsible relatives of such person of the amount of assistance given, the beginning date thereof and the amount of support expected from each of them, if any, and if any such relative does not contribute in such expected amount, the superior court for the judicial district in which such town is located or a family support magistrate sitting in the judicial district in which such town is located may order such relative or relatives to contribute to such support, from the time of the beginning date of expense shown on the notice, such sum as said court or family support magistrate deems reasonably within each such relative's ability to support such person.
(C) The court, or any judge thereof, or family support magistrate when said court or family support magistrate is not sitting, may require the defendant or defendants to become bound, with sufficient surety, to the state, town or person bringing the complaint, to abide such judgment as may be rendered on such complaint. Failure of the defendant or defendants to obey any order made under this section, may be punished as contempt of court and the costs of commitment of any person imprisoned therefor shall be paid by the state as in criminal cases. Except as otherwise provided, upon proof of the service of the summons to appear in court or before a family support magistrate at the time and place named for a hearing upon the failure of the defendant or defendants to obey such court order or order of the family support magistrate, the court or family support magistrate may order a capias mittimus be issued, and directed to some proper officer to arrest such defendant or defendants and bring such defendant or defendants before the Superior Court for the contempt hearing. When any person is found in contempt under this section, the court or family support magistrate may award to the petitioner a reasonable attorney's fee and the fees of the officer serving the contempt citation, such sums to be paid by the person found in contempt.
(9) In addition to or in lieu of such contempt proceedings, the court or family support magistrate, upon a finding that any person has failed to obey any order made under this section, may: (A) Order a plan for payment of any past-due support owing under such order, or, in IV-D cases, if such obligor is not incapacitated, order such obligor to participate in work activities which may include, but shall not be limited to, job search, training, work experience and participation in the job training and retraining program established by the Labor Commissioner pursuant to section 31-3t; (B) suspend any professional, occupational, recreational, commercial driver's or motor vehicle operator's license as provided in subsections (b) to (e), inclusive, of section 46b-220, provided such failure was without good cause; (C) issue an income withholding order against such amount of any debt accruing by reason of personal services as provided by sections 52-362, 52-362b and 52-362c; and (D) order executions against any real, personal, or other property of such person which cannot be categorized solely as either, for payment of accrued and unpaid amounts due under such order.
(10) No entry fee, judgment fee or any other court fee shall be charged by the court or the family support magistrate to either party in proceedings under this section.
(11) Any written agreement to support which is filed with the court or the Family Support Magistrate Division shall have the effect of an order of the court or a family support magistrate.
Sec. 96. Subsections (a) and (b) of section 47a-42 of the general statutes are repealed and the following is substituted in lieu thereof:
(a) Whenever a judgment is entered against a defendant pursuant to section 47a-26, 47a-26a, 47a-26b or 47a-26d for the recovery of possession or occupancy of residential property, such defendant and any other occupant bound by the judgment by subsection (a) of section 47a-26h shall forthwith remove himself, his possessions and all personal effects unless execution has been stayed pursuant to sections 47a-35 to 47a-41, inclusive. If execution has been stayed, such defendant or occupant shall forthwith remove himself, his possessions and all personal effects upon the expiration of any stay of execution. If the defendant or occupant has not so removed himself upon entry of a judgment pursuant to section 47a-26, 47a-26a, 47a-26b or 47a-26d, and upon expiration of any stay of execution, the plaintiff may obtain an execution upon such summary process judgment, and the defendant or other occupant bound by the judgment by subsection (a) of section 47a-26h and the possessions and personal effects of such defendant or other occupant may be removed by a [sheriff or his deputy] state marshal, pursuant to such execution, and such possessions and personal effects may be set out on the adjacent sidewalk, street or highway.
(b) Before any such removal, the [sheriff or deputy] state marshal charged with executing upon any such judgment of eviction shall give the chief executive officer of the town twenty-four hours notice of the eviction, stating the date, time and location of such eviction as well as a general description, if known, of the types and amount of property to be removed from the premises. Before giving such notice to the chief executive officer of the town, the [sheriff or deputy] state marshal shall use reasonable efforts to locate and notify the defendant of the date and time such eviction is to take place and of the possibility of a sale pursuant to subsection (c) of this section. Such notice shall include service upon each defendant and upon any other person in occupancy, either personally or at the premises, of a true copy of the summary process execution. Such execution shall be on a form prescribed by the Judicial Department, shall be in clear and simple language and in readable format, and shall contain, in addition to other notices given to the defendant in the execution, a conspicuous notice, in large boldface type, that a person who claims to have a right to continue to occupy the premises should immediately contact an attorney.
Sec. 97. Subsections (b) and (c) of section 47a-42a of the general statutes are repealed and the following is substituted in lieu thereof:
(b) The [sheriff or deputy] state marshal charged with executing upon any such summary process judgment shall, at least twenty-four hours prior to the date and time of the eviction, use reasonable efforts to locate and notify the defendant or occupant of the date and time such eviction is to take place. Such notice shall include service upon each defendant and upon any other person in occupancy, either personally or at the premises, of a true copy of the summary process execution. Such execution shall be on a form prescribed by the Judicial Department, shall be in clear and simple language and in readable format, and shall contain, in addition to other notices given to the defendant or occupant in the execution, a conspicuous notice, in large boldface type, that a person who claims to have a right to continue to occupy the premises should immediately contact an attorney. Such execution shall contain a notice advising the defendant or occupant that if he does not remove his possessions and personal effects from the premises by the date and time set for the eviction and thereafter fails to claim such possessions and personal effects from the landlord and pay any removal and storage costs within fifteen days after the date of such eviction, such possessions and personal effects will be forfeited to the landlord.
(c) The [sheriff or deputy] state marshal who served the execution upon the defendant or occupant as provided in subsection (b) of this section shall return to the premises at the date and time such eviction is to take place. If the defendant or occupant has not removed himself from the premises, the [sheriff or deputy] state marshal shall remove such defendant or occupant. If the defendant or occupant has not removed his possessions and personal effects from the premises, the plaintiff, in the presence of the [sheriff or deputy] state marshal, shall prepare an inventory of such possessions and personal effects and provide a copy of such inventory to the [sheriff or deputy] state marshal. The plaintiff shall remove and store such possessions or personal effects or shall store the same in the premises. Such removal and storage or storage in the premises shall be at the expense of the defendant. If such possessions and effects are not called for by the defendant or occupant and the expense of such removal and storage or storage in the premises is not paid to the plaintiff within fifteen days after such eviction, the defendant or occupant shall forfeit such possessions and personal effects to the plaintiff and the plaintiff may dispose of them as he deems appropriate.
Sec. 98. Section 48-23 of the general statutes is repealed and the following is substituted in lieu thereof:
When, under the provisions of any statute authorizing the condemnation of land in the exercise of the right of eminent domain, an appraisal of damages has been returned to the clerk of the Superior Court, as provided by law, and when the amount of appraisal has been paid or secured to be paid or deposited with the State Treasurer, as provided by law, any judge of the Superior Court may, upon application and proof of such payment or deposit, order such clerk to issue an execution commanding [the sheriff of the county] a state marshal to put the parties entitled thereto into peaceable possession of the land so condemned.
Sec. 99. Subsection (b) of section 49-22 of the general statutes is repealed and the following is substituted in lieu thereof:
(b) Before any such removal, the [sheriff or deputy] state marshal charged with executing upon the ejectment shall give the chief executive officer of the town twenty-four hours notice of the ejectment, stating the date, time and location of such ejectment as well as a general description, if known, of the types and amount of property to be removed from the land. Before giving such notice to the chief executive officer of the town, the sheriff or deputy shall use reasonable efforts to locate and notify the person or persons in possession of the date and time such ejectment is to take place and of the possibility of a sale pursuant to subsection (c) of this section.
Sec. 100. Subsection (a) of section 49-35 of the general statutes is repealed and the following is substituted in lieu thereof:
(a) No person other than the original contractor for the construction, raising, removal or repairing of the building, or the development of any lot, or the site development or subdivision of any plot of land or a subcontractor whose contract with the original contractor is in writing and has been assented to in writing by the other party to the original contract, is entitled to claim any such mechanic's lien, unless, after commencing, and not later than ninety days after ceasing, to furnish materials or render services for such construction, raising, removal or repairing, he gives written notice to the owner of the building, lot or plot of land and to the original contractor that he has furnished or commenced to furnish materials, or rendered or commenced to render services, and intends to claim a lien therefor on the building, lot or plot of land; provided an original contractor shall not be entitled to such notice, unless, not later than fifteen days after commencing the construction, raising, removal or repairing of the building, or the development of any lot, or the site development or subdivision of any plot of land, such original contractor lodges with the town clerk of the town in which the building, lot or plot of land is situated an affidavit in writing, which shall be recorded by the town clerk with deeds of land, (1) stating the name under which such original contractor conducts business, (2) stating his business address and (3) describing the building, lot or plot of land. The right of any person to claim a lien under this section shall not be affected by the failure of such affidavit to conform to the requirements of this section. The notice shall be served upon the owner or original contractor, if such owner or original contractor resides in the same town in which the building is being erected, raised, removed or repaired or the lot is being improved, or the plot of land is being improved or subdivided, by any indifferent person, [sheriff] state marshal or other proper officer, by leaving with such owner or original contractor or at his usual place of abode a true and attested copy thereof. If the owner or original contractor does not reside in such town, but has a known agent therein, the notice may be so served upon the agent, otherwise it may be served by any indifferent person, [sheriff] state marshal or other proper officer, by mailing a true and attested copy of the notice by registered or certified mail to the owner or original contractor at the place where he resides. If such copy is returned unclaimed, notice to such owner or original contractor shall be given by publication in accordance with the provisions of section 1-2. When there are two or more owners, or two or more original contractors, the notice shall be so served on each owner and on each original contractor. The notice, with the return of the person who served it endorsed thereon, shall be returned to the original maker of the notice within said period of ninety days.
Sec. 101. Subsection (b) of section 49-35a of the general statutes is repealed and the following is substituted in lieu thereof:
(b) The application, order and summons shall be substantially in the following form:
APPLICATION FOR DISCHARGE OR
REDUCTION OF MECHANIC'S LIEN
To the .... Court of ....
The undersigned represents:
1. That .... is the owner of the real estate described in Schedule A attached hereto.
2. That the names and addresses of all other owners of record of such real estate are as follows:
3. That on or about ...., (date) ...., (name of lienor) of .... (address of lienor) placed a mechanic's lien on such real estate and gave notice thereof.
4. That there is not probable cause to sustain the validity of such lien (or: That such lien is excessive).
5. That the applicant seeks an order for discharge (or reduction) of such lien.
Name of Applicant
By ....
His Attorney
ORDER
The above application having been presented to the court, it is hereby ordered, that a hearing be held thereon at .... a.m. and that the applicant give notice to the following persons: (Names and addresses of persons entitled to notice) of the pendency of said application and of the time when it will be heard by causing a true and attested copy of the application, and of this order to be served upon such persons by some proper officer or indifferent person on or before .... and that due return of such notice be made to this court.
Dated at .... this .... day of .... 19...
SUMMONS
To [the sheriff] a state marshal of the county of ...., [his deputy,] or either constable of the town of ...., in said county,
Greeting:
By authority of the state of Connecticut, you are hereby commanded to serve a true and attested copy of the above application and order upon ...., of .... by leaving the same in his hands or at his usual place of abode (or such other notice as ordered by the court) on or before ....
Hereof fail not but due service and return make.
Dated at .... this .... day of .... 19...
....
Commissioner of the Superior Court
(1) The clerk upon receipt of all the documents in duplicate, if he finds them to be in proper form, shall fix a date for a hearing on the application and sign the order of hearing and notice. An entry fee of twenty dollars shall then be collected and a copy of the original document shall be placed in the court file.
(2) The clerk shall deliver to the applicant's attorney the original of the documents for service. Service having been made, the original documents shall be returned to the court with the endorsement by the officer of his doings.
Sec. 102. Section 49-55d of the general statutes is repealed and the following is substituted in lieu thereof:
(a) If the lienor does not have possession of the vessel, he may bring a complaint, setting forth the reasons for the lien and demanding the sale of the vessel, returnable in the Superior Court, within whose jurisdiction the vessel is located or where the services for which the lien is claimed were performed. The lienor may cause to be issued a writ of attachment against the vessel directed to a [sheriff] state marshal or other proper officer who shall take possession of the vessel and continue in possession of the same where located, or elsewhere as deemed expedient by the officer.
(b) A copy of the complaint shall be personally served by a [sheriff] state marshal or other proper officer upon the owner of the vessel or left at his usual place of abode if the owner is a resident of this state. If the owner is not a resident of this state, then a copy of the complaint shall be served upon such person as may be in charge of the vessel and the [sheriff] state marshal shall send a notice of the complaint and the attachment of the vessel to the owner by certified mail at his last-known residence.
(c) The owner or his representative shall have thirty days next succeeding the date the complaint is returnable to the proper court to file an affidavit with the court controverting any material allegations contained in the complaint and an affidavit that he has a valid defense. The issues so raised shall be tried as all other issues in the court. If the owner or his legal representative does not file the necessary affidavits, the lienor may make a motion for judgment and order of sale which shall be heard on short calendar by the court having jurisdiction, which motion the court shall have the power to grant and the court shall order the sale of the vessel by the [sheriff] state marshal or other proper officer at public auction, subject to all prior encumbrances on file with the Secretary of the State, provided at least seven days prior to the sale, a notice of the time, place, and purpose of the sale be published in a newspaper having general circulation where the vessel was located at the time of the attachment, and notice of same be sent by certified mail to the owner of the vessel at his last-known place of residence and to all other holders of valid security interests on file with the office of said secretary. The proceeds of the sale, after payment of all expenses connected with the sale and payment of any balance due on any valid security interest perfected before the vessel lien was filed, and satisfaction of the vessel lien and satisfaction of any valid security interest subsequent to the vessel lien presented for payment shall be paid to the owner. If the amount due the owner is not claimed within one year from the date of such sale, it shall escheat to the state.
Sec. 103. Section 50-1 of the general statutes is repealed and the following is substituted in lieu thereof:
All goods of a perishable nature left with any person, when the owner is unknown or when the owner neglects to take them away after reasonable notice, shall be advertised at least one week in a newspaper published in the county where they were left; and, if not then claimed and taken away, may be sold at public auction, under the inspection of [the sheriff or a deputy sheriff] a state marshal of such county, and the proceeds of the sale, after deducting the expenses thereof and the charges for which they may be liable, shall be deposited with the treasurer of the town where they were left, who shall hold the same, subject to the provisions of part III of chapter 32.
Sec. 104. Subsection (a) of section 51-30 of the general statutes is repealed and the following is substituted in lieu thereof:
(a) The Superior Court or family support magistrate, when transacting business, shall be attended by [the sheriff of the county in which the court is held or by such of his deputies or special deputies,] such judicial marshals or by such constables, [as the sheriff may authorize,] and by such messengers as the Chief Court Administrator or his designee may authorize.
Sec. 105. Section 51-89 of the general statutes is repealed and the following is substituted in lieu thereof:
No [sheriff, deputy sheriff] state marshal or constable shall appear in court as attorney.
Sec. 106. Section 51-206 of the general statutes is repealed and the following is substituted in lieu thereof:
An adjournment of any term or session of the Supreme Court may be made, at any time when no judge of the court is present, by [the sheriff of Hartford County, or by his deputy] judicial marshals, upon a written order from the Chief Justice of said court or, in his absence or inability to act, from the senior associate judge of said court, directing such adjournment and the time to which it shall be made; but, when any judge or judges of said court are present, such judge or judges may make such adjournment; provided any adjournment made upon such written order or by any judge or judges less than a quorum shall not be made to a time beyond one month from the day of adjournment.
Sec. 107. Section 51-246 of the general statutes is repealed and the following is substituted in lieu thereof:
In the trial of any capital case or any case involving imprisonment for life, the court may, in its discretion, require the jury to remain together in the charge of [the sheriff] judicial marshals during the trial and until the jury is discharged by the court from further consideration of the case.
Sec. 108. Subsection (a) of section 52-50 of the general statutes is repealed and the following is substituted in lieu thereof:
(a) All process shall be directed to a [sheriff, his deputy] state marshal, a constable or other proper officer authorized by statute, or, subject to the provisions of subsection (b) of this section, to an indifferent person. A direction on the process "to any proper officer" shall be sufficient to direct the process to a [sheriff, deputy sheriff] state marshal, constable or other proper officer.
Sec. 109. Section 52-53 of the general statutes is repealed and the following is substituted in lieu thereof:
A [sheriff] state marshal may, on any special occasion, depute, in writing on the back of the process, any proper person to serve it. After serving the process, such person shall make oath before a justice of the peace that he faithfully served the process according to his endorsement thereon and did not fill out the process or direct any person to fill it out; and, if such justice of the peace certifies on the process that he administered such oath, the service shall be valid.
Sec. 110. Section 52-127 of the general statutes is repealed and the following is substituted in lieu thereof:
Any process or complaint drawn or filled out by a [sheriff, deputy sheriff] state marshal or constable, except in his own cause, shall abate; but process shall not abate on account of any alteration between the time of signing and of serving it.
Sec. 111. Subsection (b) of section 52-278c of the general statutes is repealed and the following is substituted in lieu thereof:
(b) The application, order and summons shall be substantially in the form following:
APPLICATION FOR PREJUDGMENT REMEDY
To the Superior Court for the judicial district of ....
The undersigned represents:
1. That .... is about to commence an action against .... of .... (give name and address of defendant) pursuant to the attached proposed unsigned Writ, Summons, Complaint and Affidavit.
2. That there is probable cause that a judgment in the amount of the prejudgment remedy sought, or in an amount greater than the amount of the prejudgment remedy sought, taking into account any known defenses, counterclaims or set-offs, will be rendered in the matter in favor of the applicant and that to secure the judgment the applicant seeks an order from this court directing that the following prejudgment remedy be granted to secure the sum of $ ....:
a. To attach sufficient property of the defendant to secure such sum:
b. To garnishee ...., as he is the agent, trustee, debtor of the defendant and has concealed in his possession property of the defendant and is indebted to him.
c. (Other Type of Prejudgment Remedy Requested.)
Name of Applicant
By ....
His Attorney
ORDER
The above application having been presented to the court, it is hereby ordered, that a hearing be held thereon on .... at .... a.m. and that the plaintiff give notice to the defendant in accordance with section 52-278c of the general statutes of the pendency of the application and of the time when it will be heard by causing a true and attested copy of the application, the proposed unsigned writ, summons, complaint, affidavit and of this order, together with such notice as is required under subsection (e) of section 52-278c, to be served upon the defendant by some proper officer or indifferent person on or before ...., and that due return of service be made to this court.
Dated at Hartford this .... day of ...., 19 ...
Clerk of the Court
SUMMONS
To [the sheriff] a state marshal of the county of ...., [his deputy,] or either constable of the town of ...., in said county,
Greeting:
By authority of the state of Connecticut, you are hereby commanded to serve a true and attested copy of the above application, unsigned proposed writ, summons, complaint, affidavit and order upon ...., of ...., by leaving the same in his hands or at his usual place of abode on or before ....
Hereof fail not but due service and return make.
Dated at .... this .... day of .... 19...
Commissioner of the Superior Court
Sec. 112. Section 52-293 of the general statutes is repealed and the following is substituted in lieu thereof:
When any livestock, or other personal property in its nature perishable or liable to depreciation, or the custody and proper preservation of which would be difficult or expensive, is attached, either party to the suit may apply to any judge of the court to which such process is returnable for an order to sell the same, and thereupon, after such reasonable notice to the adverse party as such judge directs, and upon satisfactory proof that such sale is necessary and proper, and payment of his fees by the party making such application, he may order such property to be sold by the officer who attached the same, or, in case of his inability, by [the sheriff of the county, or by any of his deputies] a state marshal, or any indifferent person requested in writing to do so by such attaching officer, at public auction, at such time and place, and upon such notice, as such judge deems reasonable; and he may, at his discretion, order the officer making such sale to deposit the avails with the clerk of such court.
Sec. 113. Subsection (b) of section 52-325a of the general statutes is repealed and the following is substituted in lieu thereof:
(b) The application, order and summons shall be substantially in the following form:
APPLICATION FOR DISCHARGE OF
NOTICE OF LIS PENDENS
To the .... Court of ....
The undersigned represent(s):
1. That .... is the owner of the real property described in schedule A attached hereto;
2. That on or about .... (date) .... (name of plaintiff) of .... (address of plaintiff) recorded a notice of lis pendens affecting such real property and gave notice thereof;
3. That there is not probable cause to sustain the validity of the plaintiff's claim or, in an action that alleges an illegal, invalid or defective transfer of an interest in real property, that the initial illegal, invalid or defective transfer of an interest in real property occurred sixty years or more prior to the commencement of the action;
4. That the applicant seeks an order for discharge of such recorded notice of lis pendens.
....
(Name of Applicant)
By: ....
His Attorney
ORDER
The above application having been presented to the court, it is hereby ordered that a hearing be held thereon at .... (time) on .... (date) and that the applicant give notice to the following persons: .... (Names and addresses of persons entitled to notice) of the pendency of said application and of the time when it will be heard by causing a true and attested copy of the application and of this order to be served upon such persons by some proper officer or indifferent person on or before .... and that due return of such notice be made to this court.
Dated at .... this .... day of ...., 19...
....
(Clerk of the Court)
SUMMONS
To [the sheriff] a state marshal of the county of ...., [his deputy] or either constable of the town of ...., in said county,
Greeting:
By authority of the state of Connecticut, you are hereby commanded to serve a true and attested copy of the above application and order upon ...., of .... by leaving the same in his hands or at his usual place of abode (or such other notice as ordered by the court) on or before ....
Hereof fail not but due service and return make.
Dated at .... this .... day of .... 19...
....
(Commissioner of the Superior Court)
(1) The clerk upon receipt of all such documents in duplicate, if he finds them to be in proper form, shall fix a date for a hearing on the application and sign the order of hearing and notice. A copy of the original document shall be placed in the court file.
(2) The clerk shall deliver to the applicant's attorney the original of such documents for service. Service having been made, such original documents shall be returned to such court with the endorsement by the officer of his actions.
Sec. 114. Subdivision (12) of section 52-350a of the general statutes is repealed and the following is substituted in lieu thereof:
(12) "Levying officer" means a [sheriff, deputy sheriff] state marshal or constable acting within his geographical jurisdiction or in IV-D cases, any investigator employed by the Commissioner of Social Services.
Sec. 115. Subsection (d) of section 52-434 of the general statutes is repealed and the following is substituted in lieu thereof:
(d) Each judge trial referee may have the attendance of a [sheriff or deputy sheriff] judicial marshal at any hearing before him. The [sheriff or deputy sheriff] judicial marshal shall receive the same compensation provided for attendance at regular sessions of the court from which the case was referred and such compensation shall be taxed by the state referee in the same manner as similar costs are taxed by the judges of the court.
Sec. 116. Subsection (a) of section 52-593a of the general statutes is repealed and the following is substituted in lieu thereof:
(a) Except in the case of an appeal from an administrative agency governed by section 4-183, a cause or right of action shall not be lost because of the passage of the time limited by law within which the action may be brought, if the process to be served is personally delivered to an officer authorized to serve the process or is personally delivered to [the office of] any [sheriff] state marshal within the time limited by law, and the process is served, as provided by law, within fifteen days of the delivery.
Sec. 117. Section 53-164 of the general statutes is repealed and the following is substituted in lieu thereof:
Any person who aids or abets any inmate in escaping from Long Lane School, the Connecticut School for Boys* or The Southbury Training School or who knowingly harbors any such inmate, or aids in abducting any such inmate who has been paroled from the person or persons to whose care and service such inmate has been legally committed, shall be fined not more than five hundred dollars or imprisoned not more than three months or both. Any [sheriff, deputy sheriff,] constable or officer of state or local police, and any officer or employee of any of said institutions, is authorized and directed to arrest any person who has escaped therefrom and return him thereto.
Sec. 118. Subsection (f) of section 53-202 of the general statutes is repealed and the following is substituted in lieu thereof:
(f) Each manufacturer shall keep a register of all machine guns manufactured or handled by him. Such register shall show the model and serial number, date of manufacture, sale, loan, gift, delivery or receipt, of each machine gun, the name, address and occupation of the person to whom the machine gun was sold, loaned, given or delivered, or from whom it was received and the purpose for which it was acquired by the person to whom the machine gun was sold, loaned, given or delivered. Upon demand, any manufacturer shall permit any marshal, [sheriff] or police officer to inspect his entire stock of machine guns, and parts and supplies therefor, and shall produce the register, herein required, for inspection. Any person who violates any provision of this subsection shall be fined not more than two thousand dollars.
Sec. 119. Section 53-264 of the general statutes is repealed and the following is substituted in lieu thereof:
Each attorney, [sheriff, deputy sheriff] state marshal or constable, who, with intent to make gain by the fees of collection, purchases and sues upon any choses in action, shall be fined not more than one hundred dollars.
Sec. 120. Section 53a-54b of the general statutes is repealed and the following is substituted in lieu thereof:
A person is guilty of a capital felony who is convicted of any of the following: (1) Murder of a member of the Division of State Police within the Department of Public Safety or of any local police department, a chief inspector or inspector in the Division of Criminal Justice, a [sheriff or deputy sheriff] state marshal who is exercising authority granted under any provision of the general statutes, a judicial marshal in performance of the duties of a judicial marshal, a constable who performs criminal law enforcement duties, a special policeman appointed under section 29-18, an employee of the Department of Correction or a person providing services on behalf of said department when such employee or person is acting within the scope of his employment or duties in a correctional institution or facility and the actor is confined in such institution or facility, or any fireman, while such victim was acting within the scope of his duties; (2) murder committed by a defendant who is hired to commit the same for pecuniary gain or murder committed by one who is hired by the defendant to commit the same for pecuniary gain; (3) murder committed by one who has previously been convicted of intentional murder or of murder committed in the course of commission of a felony; (4) murder committed by one who was, at the time of commission of the murder, under sentence of life imprisonment; (5) murder by a kidnapper of a kidnapped person during the course of the kidnapping or before such person is able to return or be returned to safety; (6) the illegal sale, for economic gain, of cocaine, heroin or methadone to a person who dies as a direct result of the use by him of such cocaine, heroin or methadone; (7) murder committed in the course of the commission of sexual assault in the first degree; (8) murder of two or more persons at the same time or in the course of a single transaction; or (9) murder of a person under sixteen years of age.
Sec. 121. Section 54-98 of the general statutes is repealed and the following is substituted in lieu thereof:
[Sheriffs] The Chief Court Administrator or the administrator's designee shall execute each mittimus for the commitment of convicts to the Connecticut Correctional Institution, Somers, by delivering such convicts to the warden of said institution or his agent at said institution. [and such sheriffs shall receive for such transportation, for each prisoner, twenty-five cents per mile from the community correctional center in which such prisoner is confined to the Connecticut Correctional Institution, Somers, to be taxed and paid as other expenses in criminal cases.]
Sec. 122. Section 54-101 of the general statutes is repealed and the following is substituted in lieu thereof:
When any person detained at the Connecticut Correctional Institution, Somers, awaiting execution of a sentence of death appears to the warden thereof to be insane, the warden may make application to the superior court for the judicial district of Tolland having either civil or criminal jurisdiction or, if said court is not in session, to any judge of the Superior Court, and, after hearing upon such application, notice thereof having been given to the state's attorney for the judicial district wherein such person was convicted, said court or such judge may, if it appears advisable, appoint three reputable physicians to examine as to the mental condition of the person so committed. Upon return to said court or such judge of a certificate by such physicians, or a majority of them, stating that such person is insane, said court or such judge shall order the sentence of execution to be stayed and such person to be transferred to any state hospital for mental illness for confinement, support and treatment until he recovers his sanity, and shall cause a mittimus to be issued to the [sheriff of Tolland County, or either of his deputies,] Department of Correction for such commitment. If, at any time thereafter, the superintendent of the state hospital to which such person has been committed is of the opinion that he has recovered his sanity, he shall so report to the state's attorney for the judicial district wherein the conviction was had and such attorney shall thereupon make application to the superior court for such judicial district having criminal jurisdiction, for the issuance of a warrant of execution for such sentence, and, if said court finds that such person has recovered his sanity, it shall cause a mittimus to be issued for his return to the Connecticut Correctional Institution, Somers, there to be received and kept until a day designated in the mittimus for the infliction of the death penalty, and thereupon said penalty shall be inflicted, in accordance with the provisions of the statutes.
Sec. 123. Section 54-127 of the general statutes is repealed and the following is substituted in lieu thereof:
The request of the Commissioner of Correction or any officer of the Department of Correction so designated by the commissioner, or of the Board of Parole, its chairman or any officer of the Board of Parole designated by the chairman shall be sufficient warrant to authorize any officer of the Department of Correction or of the Board of Parole, as the case may be, or any officer authorized by law to serve criminal process within this state, to return any convict or inmate on parole into actual custody; and any such officer, police officer, constable or [sheriff] state marshal shall arrest and hold any parolee or inmate when so requested, without any written warrant.
Sec. 124. Section 53-164 of the general statutes, as amended by section 24 of public act 99-26, is repealed and the following is substituted in lieu thereof:
Any person who aids or abets any inmate in escaping from the Connecticut Juvenile Training School or The Southbury Training School or who knowingly harbors any such inmate, or aids in abducting any such inmate who has been paroled from the person or persons to whose care and service such inmate has been legally committed, shall be fined not more than five hundred dollars or imprisoned not more than three months or both. Any [sheriff, deputy sheriff,] constable or officer of state or local police, and any officer or employee of any of said institutions, is authorized and directed to arrest any person who has escaped therefrom and return him thereto.
Sec. 125. Subdivision (17) of subsection (b) of section 54-203 of the general statutes, as amended by sections 1 to 3, inclusive, of public act 99-184, is repealed and the following is substituted in lieu thereof:
(17) To provide a training program for judges, prosecutors, police, probation and parole personnel, bail commissioners, officers from the Department of Correction and [special deputy sheriffs] judicial marshals to inform them of victims' rights and available services.
Sec. 126. Section 6-29 of the general statutes is repealed and the following is substituted in lieu thereof:
No judge, except a judge of probate, and no justice of the peace shall [hold the office of sheriff or deputy sheriff] be a state marshal.
Sec. 127. Section 6-39 of the general statutes is repealed and the following is substituted in lieu thereof:
Each [deputy sheriff] state marshal, before entering upon the duties of [his office] a state marshal, shall give to the [sheriff] State Marshal Commission a bond in the sum of ten thousand dollars conditioned that [he] such state marshal will faithfully discharge the duties of [his office] state marshal and answer all damages which any person sustains by reason of [his] such state marshal's unfaithfulness or neglect. [; provided no such bond shall be required of a sheriff who has given a bond under the provisions of section 6-30 and who is acting as a deputy pursuant to appointment under section 6-38.] The premium for said bonds shall be paid by the state. No [deputy sheriff] state marshal shall collect tax warrants for the state or any municipality until such [deputy sheriff] state marshal executes a bond in the sum of one hundred thousand dollars.
Sec. 128. Section 6-30a of the general statutes is repealed and the following is substituted in lieu thereof:
[Each sheriff and deputy sheriff, on or after October 1, 1976,] On and after the effective date of this act, each state marshal shall be required to carry personal liability insurance for damages caused by reason of his tortious acts in not less than the following amounts: For damages caused to any one person or to the property of any one person, one hundred thousand dollars and for damages caused to more than one person or to the property of more than one person, three hundred thousand dollars. For the purpose of this section "tortious act" means negligent acts, errors or omissions for which such [sheriff or deputy sheriff] state marshal may become legally obligated to any damages for false arrest, erroneous service of civil papers, false imprisonment, malicious prosecution, libel, slander, defamation of character, violation of property rights or assault and battery if committed while making or attempting to make an arrest or against a person under arrest; provided, it shall not include any such act unless committed in the performance of the official duties of such [sheriff or deputy sheriff] state marshal.
Sec. 129. Section 6-32 of the general statutes is repealed and the following is substituted in lieu thereof:
Each [sheriff and each deputy sheriff] state marshal shall receive each process directed to him when tendered, execute it promptly and make true return thereof; and shall, without any fee, give receipts when demanded for all civil process delivered to him to be served, specifying the names of the parties, the date of the writ, the time of delivery and the sum or thing in demand. If any [sheriff] state marshal does not duly and promptly execute and return any such process or makes a false or illegal return thereof, he shall be liable to pay double the amount of all damages to the party aggrieved.
Sec. 130. (NEW) All special deputy sheriffs serving on the effective date of this act as prisoner custody and transportation personnel and as court security personnel and all deputy sheriffs serving on the effective date of this act as prisoner custody or transportation personnel and as court security personnel who elect to continue to perform such functions under section 142 of this act shall continue to provide such prisoner custody, transportation or court security services after the effective date of this act as judicial marshals and shall be employees of the Judicial Department. The Judicial Department shall recognize the bargaining unit of special deputy sheriffs for the purpose of collective bargaining with judicial marshals.
Sec. 131. Section 5-187b of the general statutes is repealed and the following is substituted in lieu thereof:
Notwithstanding any provision of this chapter, each special deputy sheriff, appointed pursuant to section 6-43 before July 1, 1999, shall become a member of the state employees retirement system on July 1, 1999, and vesting and credited service shall be calculated from said date. The provisions of this section shall apply to and include each such special deputy sheriff otherwise included under this section who becomes employed as a judicial marshal in accordance with section 130 of this act, provided in no event shall an employee receiving payments pursuant to section 5-164a or section 5-192v receive vesting or credited service under this section.
Sec. 132. Section 5-187c of the general statutes is repealed and the following is substituted in lieu thereof:
(a) Notwithstanding any provision of this chapter, each special deputy sheriff, appointed pursuant to section 6-43 on or after July 1, 1999, shall become a member of the state employees retirement system on the date of [his] the appointment to office of such special deputy sheriff and vesting and credited service shall be calculated from the date of [his] such appointment. The provisions of this subsection shall apply to and include each such special deputy sheriff otherwise included under this section who becomes employed as a judicial marshal in accordance with section 130 of this act, provided in no event shall an employee receiving payments pursuant to section 5-164a or section 5-192v receive vesting or credited service under this section.
(b) Notwithstanding any provision of this chapter, each person employed as a judicial marshal pursuant to section 1 or 2 of this act, on or after December 1, 2000, shall become a member of the state employees retirement system on the date of such employment and vesting and credited service shall be calculated from the date of such employment, provided in no event shall an employee receiving payments pursuant to section 5-164a or section 5-192v receive vesting or credited service under this section.
Sec. 133. Subsection (l) of section 5-259 of the general statutes is repealed and the following is substituted in lieu thereof:
(l) (1) Effective July 1, 1996, any deputies or special deputies appointed pursuant to section 6-37 or section 6-43, shall be allowed to participate in the plan or plans procured by the Comptroller pursuant to subsection (a) of this section. Such participation shall be voluntary and the participant shall pay the full cost of the coverage under such plan.
(2) Effective December 1, 2000, any state marshal shall be allowed to participate in the plan or plans procured by the Comptroller pursuant to subsection (a) of this section. Such participation shall be voluntary and the participant shall pay the full cost of the coverage under such plan.
(3) Effective December 1, 2000, any judicial marshal shall be allowed to participate in the plan or plans procured by the Comptroller pursuant to subsection (a) of this section. Such participation shall be voluntary and the participant shall pay the full cost of the coverage under such plan unless and until the judicial marshals participate in the plan or plans procured by the Comptroller under section 5-259 through collective bargaining negotiations pursuant to subsection (f) of section 5-278.
Sec. 134. Section 7-8 of the general statutes is repealed and the following is substituted in lieu thereof:
The moderator of any town meeting, and of any meeting of any society or other community lawfully assembled, may, when any disorder arises in the meeting and the offender refuses to submit to [his] the moderator's lawful authority, order any proper officer to take [him] the offender into custody and, if necessary, to remove [him] the offender from such meeting until [he] the offender conforms to order or, if need be, until such meeting is closed, and thereupon such officer shall have power to command all necessary assistance. Any person refusing to assist when commanded shall be liable to the same penalties as for refusing to assist [sheriffs and] constables in the execution of their duties; but no person commanded to assist shall be deprived of [his] such person's right to act in the meeting, nor shall the offender be so deprived any longer than [he] the offender refuses to conform to order.
Sec. 135. Section 9-230 of the general statutes is repealed and the following is substituted in lieu thereof:
The registrars of voters may request the head of the police department of the municipality, or, if none, a constable serving such municipality, to provide police protection at any polling place of any regular or special state or municipal election where they may anticipate disorder. The moderator of such election may, when any disorder arises in such election and the offender refuses to submit to [his] the moderator's lawful authority, order any officer with power of arrest to take [him] the offender into custody and, if necessary, to remove [him] the offender from such election until [he] the offender conforms to order or, if need be, until such election is closed, and thereupon such officer may command all necessary assistance. Any person refusing to assist when commanded shall be liable to the same penalties as for refusing to assist [sheriffs and] constables in the execution of their duties, but no person commanded to assist shall be deprived of [his] such person's right to vote at such election, nor shall the offender be so deprived any longer than [he] the offender refuses to conform to order.
Sec. 136. Subsection (b) of section 29-33 of the general statutes, as amended by section 15 of public act 99-212, is repealed and the following is substituted in lieu thereof:
(b) On and after October 1, 1995, no person may purchase or receive any pistol or revolver unless such person holds a valid permit to carry a pistol or revolver issued pursuant to subsection (b) of section 29-28, a valid permit to sell at retail a pistol or revolver issued pursuant to subsection (a) of section 29-28 or a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f or is a federal marshal, [sheriff,] parole officer or peace officer.
Sec. 137. Section 29-108b of the general statutes is repealed and the following is substituted in lieu thereof:
The Commissioner of Public Safety may appoint, at the request of the Connecticut Humane Society, accredited agents of that society as special police officers to serve for two years from the date of their respective appointments, subject to removal by said commissioner. Such officers shall serve without pay, except their regular compensation as agents of said society. They shall receive no fees for service or return of any criminal process and shall have, throughout the state, the powers of [sheriffs,] constables and police officers to arrest and detain any person violating any provision of the statutes concerning cruelty to animals.
Sec. 138. Section 52-593a of the general statutes is repealed and the following is substituted in lieu thereof:
(a) Except in the case of an appeal from an administrative agency governed by section 4-183, a cause or right of action shall not be lost because of the passage of the time limited by law within which the action may be brought, if the process to be served is personally delivered to [an officer] a state marshal authorized to serve the process [or is personally delivered to the office of any sheriff within the time limited by law,] and the process is served, as provided by law, within fifteen days of the delivery.
(b) In any such case the officer making service shall endorse under oath on [his] such officer's return the date of delivery of the process to [him] such officer for service in accordance with this section.
Sec. 139. Section 6-32a of the general statutes is repealed and the following is substituted in lieu thereof:
There is established a Sheriffs' Advisory Board, hereinafter referred to as the advisory board, to administer a prisoner transportation and courthouse security system. The advisory board shall consist of [five] seven members, as follows: (1) A high sheriff elected by the high sheriffs in a manner determined by them, who shall serve as chairman; (2) a high sheriff elected by the high sheriffs in a manner determined by them, who shall serve as vice-chairman; (3) the Commissioner of Correction and one additional representative of the Department of Correction; (4) the Chief Court Administrator and one additional representative of the Judicial Department, appointed by the Chief Court Administrator; and (5) the Comptroller. The terms of the chairman and vice-chairman of the advisory board shall be coterminous with the term of the Governor or until a successor for such chairman or vice-chairman, as the case may be, is chosen, whichever is later. The chairman shall designate one high sheriff as a deputy who shall, in [his] the chairman's absence or disqualification, exercise [his] the chairman's powers and duties until [he] the chairman resumes [his] the duties as chairman or the vacancy is filled. Such deputy shall serve at the pleasure of the chairman. The vice-chairman shall designate one high sheriff as an alternate who shall, in [his] the vice-chairman's absence or disqualification or on [his] the death of such vice-chairman, exercise [his] the vice-chairman's powers and duties until [he] the vice-chairman resumes [his] the duties of vice-chairman or the vacancy is filled. The Commissioner of Correction, the Chief Court Administrator and the Comptroller shall each designate an alternate who shall, in [his] the absence or disqualification or [on his] death of said commissioner, Chief Court Administrator or Comptroller, exercise [his] the powers and duties of said commissioner, Chief Court Administrator or Comptroller until [he] said commissioner, Chief Court Administrator or Comptroller resumes [his] the duties of said commissioner, Chief Court Administrator or Comptroller or the vacancy is filled. Such alternate shall serve at the pleasure of the member who designates [him] such alternate. All members of the advisory board shall serve without compensation but shall be compensated for necessary expenses incurred in the performance of their duties as board members. The advisory board shall be within the office of the Comptroller for administrative purposes only.
Sec. 140. Section 6-32b of the general statutes is repealed and the following is substituted in lieu thereof:
(a) The Sheriffs' Advisory Board: (1) Shall cooperate with the Department of Administrative Services and other state agencies on behalf of the high sheriffs and the prisoner transportation and courthouse security system; (2) shall establish and administer a training program for deputy sheriffs and special deputy sheriffs; (3) shall establish operating procedures for the prisoner transportation and courthouse security system and direct its activities, as is required for efficient coordination among the high sheriffs; (4) shall receive appropriations for the high sheriffs and for the operation of the prisoner transportation and courthouse security system and allocate such appropriations among the high sheriffs, as required; (5) may receive and expend, pursuant to the purposes of sections 4-165, 6-32 to 6-32e, inclusive, 6-43, 51-30, 54-1f and subsection (9) of section 53a-3, moneys in the form of gifts, bequests, state appropriations, state or private grants or federal grants; (6) shall submit to the Governor, annually, as provided in section 4-60, a report containing a statement of the activities of the board during the preceding year; and (7) shall maintain complete records of all prisoner movements undertaken by the high sheriffs. The advisory board shall establish minimum qualifications for courthouse security personnel, shall develop a standardized test to determine the qualifications, fitness and ability of applicants to perform the duties of courthouse security personnel, shall conduct an investigation of the background of each applicant and shall require each applicant to undergo a physical examination. In addition, on or before October 1, 1995, the advisory board shall approve a training program for courthouse security personnel. No deputy sheriff or special deputy sheriff appointed on or after October 1, 1995, shall receive compensation pursuant to section 6-41 unless such deputy sheriff or special deputy sheriff meets the minimum qualifications and mandatory physical fitness standards for courthouse security personnel and successfully completes an approved training program for courthouse security personnel, provided any deputy sheriff or special deputy sheriff shall receive compensation while participating in such training program. Any person who is a deputy sheriff or special deputy sheriff on September 30, 1995, or any person appointed as a deputy sheriff or special deputy sheriff on or after October 1, 1995, who has previously successfully completed an approved training program, shall be exempt from such training requirement. In addition, the advisory board shall cooperate with and shall ensure the cooperation of the sheriffs, deputy sheriffs, special deputy sheriffs and staff with the Judicial Department to facilitate the transition of the courthouse security and prisoner custody and transportation systems.
(b) Notwithstanding the provisions of sections 6-37, 6-38 and 6-43, and except as provided in subsection (a) of section 142 of this act, each appointment to or removal from a position of deputy sheriff or special deputy sheriff shall require the approval of the advisory board.
Sec. 141. Section 6-33 of the general statutes is repealed and the following is substituted in lieu thereof:
The sheriffs elected in the several counties shall receive salaries annually as follows: The sheriffs of the counties of New Haven, Hartford, Fairfield and New London, thirty-seven thousand dollars each; the sheriffs of the counties of Middlesex, Tolland, Litchfield and Windham, thirty-five thousand dollars each. Said salaries shall be paid by the state and shall be in full compensation for the performance of all duties required by law to be performed by any of said sheriffs for the state of Connecticut. [, except for the service of civil process, for which service any such sheriff shall be entitled to receive and retain the fees therefor provided by law.] Said salaries shall be in lieu of all other salaries paid by the state to said sheriffs. [ ,and all fees and allowances, except those for the service of civil process, payable by statute to a sheriff elected in any county, shall belong to the state, and shall be collected by such sheriff for its use; provided, in cases where such fees are payable ultimately by the state, no such fee shall be taxed, allowed or paid to any such sheriff.] Commencing December 1, 2000, the Department of Administrative Services shall be responsible for the administrative functions of the Office of the County Sheriffs.
Sec. 142. (NEW) (a) Notwithstanding the provisions of section 6-38 of the general statutes, until the appointment of members of the State Marshall Commission under section 8 of this act, the Chief Court Administrator is authorized to appoint as a state marshal any eligible individual who applies for such a position. For purposes of this section "eligible individual" means an individual who was a deputy sheriff on May 31, 1999, who had served as a deputy sheriff for a period of not less than four years and who has submitted an application to the Chief Court Administrator on or before June 30, 2000.
(b) (1) Any deputy sheriff serving as a deputy sheriff on the effective date of this act shall notify the Chief Court Administrator on or before June 30, 2000, of the desire of such deputy sheriff to be appointed as a state marshal.
(2) Any deputy sheriff performing court security, prisoner custody or transportation services on the effective date of this act who desires to perform such functions as a judicial marshal, or desires to be appointed as a state marshal, shall so notify the Chief Court Administrator on or before June 30, 2000.
(3) The Chief Court Administrator shall notify, in writing, the State Marshal Commission of the decisions of the deputy sheriffs pursuant to subdivisions (1) and (2) of this subsection.
(c) For purposes of the State Marshal Commission filling any vacancy in the position of state marshal in any county in accordance with subsection (g) of section 8 of this act, nothing in subsection (a) of this section shall be construed to authorize the State Marshal Commission to fill a vacancy in any county if the total number of state marshals in such county is equal to or exceeds the number allowed under section 6-38 of the general statutes, as amended by this act.
Sec. 143. (NEW) On or after December 1, 2000, no sheriff may appoint or remove any deputy sheriff or special deputy sheriff.
Sec. 144. (NEW) Before December 1, 2000, each high sheriff, in carrying out the duties of sheriff, shall cooperate with the Chief Court Administrator to ensure the efficient operation of the office of sheriff and transition of the functions of said office to the Judicial Department.
Sec. 145. Notwithstanding the provisions of subsections (a) to (d), inclusive, of section 4-85 and subsection (b) of section 4-87 of the general statutes, the Governor may, with the approval of the Finance Advisory Committee, modify or reduce requisitions for allotments in the Office of the County Sheriffs during the fiscal year ending June 30, 2001, in order to establish and transfer positions and funds to the Judicial Department and other appropriate state agencies.
Sec. 146. (NEW) (a) There is established a State Marshals Advisory Board which shall consist of twenty-four state marshals. Between November 9, 2000, and November 14, 2000, and annually thereafter, the state marshals in each county shall elect from among the state marshals in their county the following number of state marshals to serve on the board: Hartford, New Haven and Fairfield counties, four state marshals; New London and Litchfield counties, three state marshals; and Tolland, Middlesex and Windham counties, two state marshals. State marshals elected to serve on the board shall serve for a term of one year and may be reelected.
(b) On or after the effective date of this act, the Chief Court Administrator shall designate a date and time for the state marshals in each county to come together for the purpose of electing state marshals from each county to serve on the State Marshals Advisory Board pursuant to subsection (a) of this section. A majority of the filled state marshal positions in each county shall constitute a quorum for that county. The election of state marshals to serve on the board shall be by majority vote. The names of the state marshals elected in each county shall be forwarded to the Chief Court Administrator. The Chief Court Administrator, upon receipt of the election results from all counties, shall designate a date and time for the first meeting of the board to take place as soon as practicable after November 14, 2000.
Sec. 147. Subsection (b) of section 5-192v of the general statutes is repealed and the following is substituted in lieu thereof:
(b) No member reemployed under this section or otherwise reentering state service shall receive a retirement income during [his] such member's reemployment or other state service except (1) if [his] such member's services are rendered for not more than ninety working days in any one calendar year, provided that any member reemployed for a period of more than ninety working days in one calendar year shall reimburse the state retirement fund for retirement income payments received during such ninety working days; (2) if [his] such member's services are as a member of the General Assembly, [his] such member's retirement income payments shall not be suspended; or (3) if [his] such member's preretirement services which counted towards [his] such member's retirement are other than as a special deputy sheriff pursuant to chapter 78, and if [his] such member's postretirement services are as a special deputy sheriff or, on and after December 1, 2000, as a judicial marshal, and [he] such member was employed as [such] a special deputy sheriff on July 1, 1999.
Sec. 148. Subsection (c) of section 5-164a of the general statutes is repealed and the following is substituted in lieu thereof:
(c) No member reemployed under this section or under section 5-164 or elected to serve in the General Assembly or otherwise reentering state service shall receive a retirement income during [his] such member's reemployment or other state service except (1) if [his] such member's services as an employee are rendered for not more than ninety working days in any one calendar year, provided that any member reemployed for a period of more than ninety working days in one calendar year shall reimburse the state retirement fund for retirement income payments received during such ninety working days; (2) if [his] such member's services are as a member of the General Assembly or as a sessional employee of the General Assembly during the regular legislative session, [his] such member's retirement income payments shall not be suspended; or (3) if [his] such member's preretirement services which counted towards retirement are other than as a special deputy sheriff pursuant to chapter 78, and if [his] such member's postretirement services are as a special deputy sheriff or, on and after December 1, 2000, as a judicial marshal and [he] such member was employed as [such] a special deputy sheriff on July 1, 1999.
Sec. 149. (NEW) (a) As used in this section:
(1) "Contribution" has the same meaning as "contribution" as defined in section 9-333b of the general statutes, as amended, except that the exclusions to said term in subsection (b) of said section shall not apply;
(2) "Expenditure" has the same meaning as "expenditure" as defined in section 9-333c of the general statutes, as amended, except that the exclusions to said term in subsection (b) of said section shall not apply; and
(3) "Immediate family" means a dependent relative who resides in the individual's household or any spouse, child or parent of the individual.
(b) No high sheriff may, directly or indirectly, solicit a contribution or an expenditure from a deputy sheriff, a special deputy sheriff, an employee of the high sheriff, a member of the immediate family of a deputy sheriff, special deputy sheriff or employee of the high sheriff, or a business client with whom the high sheriff has conducted business in his capacity as high sheriff during the preceding twelve months, for (1) an exploratory committee or a candidate committee established by a high sheriff, (2) a political committee established by a high sheriff or an agent of a high sheriff, (3) the aid or promotion of the success or defeat of a referendum question or (4) any other purpose for which contributions or expenditures may be made under chapter 150 of the general statutes.
(c) A high sheriff commits a violation of this section when such high sheriff, with intent that conduct that would constitute a violation of this section if performed by a high sheriff be performed by another person, agrees with one or more persons to engage in or cause the performance of such conduct and any one of them commits an overt act in pursuance of such agreement.
(d) Any person who violates any provision of this section shall be guilty of a class D felony.
Sec. 150. (NEW) No state marshal shall knowingly bill for, or receive fees for, work that such state marshal did not actually perform.
Sec. 151. (NEW) Any person who pays, lends or contributes anything of value to a person who is an appointing authority for the State Marshal Commission under section 8 of this act for political purposes shall not be eligible for appointment as a state marshal for a period of two years.
Sec. 152. (NEW) The State Marshal Commission shall periodically review and audit the records and accounts of the state marshals. Upon the death or disability of a state marshal, the commission shall appoint a qualified individual to oversee and audit the records and accounts of such state marshal and render an accounting to the commission.
Sec. 153. Sections 6-30, 6-31, 6-32a, 6-32b, 6-34, 6-37, 6-37a, 6-40 to 6-41, inclusive, 6-44 to 6-48, inclusive, 9-182 and 9-331 of the general statutes are repealed.
Sec. 154. This act shall take effect from its passage, except that (1) sections 1 to 7, inclusive, 10 to 123, inclusive, 125 to 138, inclusive, 147, 148 and 150 to 153, inclusive, shall take effect December 1, 2000, (2) if the Secretary of the State certifies that the constitutional amendment eliminating county sheriffs was not approved by the voters, sections 8, 9, 139 to 146, inclusive, and 149 shall cease to be effective on the date of said certification, and sections 1 to 7, inclusive, 10 to 123, inclusive, 125 to 138, inclusive, 147, 148 and 150 to 153, inclusive, shall not take effect on December 1, 2000, and (3) section 124 shall take effect on the date when both of the following events have occurred: (A) The Secretary of the State has certified the vote approving the constitutional amendment eliminating county sheriffs, and (B) the Commissioner of Children and Families has filed with the Governor and General Assembly written certification that the new Connecticut Juvenile Training Center is operational.
Approved April 27, 2000