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Substitute House Bill No. 5092

PUBLIC ACT NO. 96-180

AN ACT CONCERNING THE REVISOR'S TECHNICAL CORRECTIONS TO THE GENERAL STATUTES AND TO CERTAIN PUBLIC AND SPECIAL ACTS.

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

Section 1. Subdivision (11) of section 4-69 of the general statutes is repealed and the following is substituted in lieu thereof:

(11) "Budgeted agency" means (A) every department, board, council, commission, institution or other agency of the executive department of the state government, provided each board, council, commission, institution or other agency included by law within any given department shall be deemed a division of that department; (B) every court, council, division and other agency of the judicial branch of the state government financed in whole or in part by the state, including those agencies, officers, employees and services for which, or for the payment of whose salaries, appropriations are made to be expended on the direction, taxation or approval of any state court or judge thereof; and all of said courts, councils, divisions, agencies, officers, employees and services shall be one or more budgeted agency or agencies as the [director of the budget] SECRETARY OF THE OFFICE OF POLICY AND MANAGEMENT may prescribe; (C) every full-time permanent department or agency of the legislative branch of the state government; and (D) every public and private institution, organization, association or other agency receiving financial aid from the state.

Sec. 2. Section 7-31 of the general statutes is repealed and the following is substituted in lieu thereof:

When any person having an interest in land has caused it to be surveyed and plotted or laid out into lots and projected highways, and a map made, which map shall bear the seal of the surveyor and a certification that it is substantially correct to the degree of accuracy shown thereon, and when such projected highways have been approved by the municipal authorities empowered to approve the layout of highways, the map may be received and placed on file in the office of the clerk of the town in which such land is situated and shall thereupon be deemed a part of the deeds referring thereto, and may be produced in court accordingly; and such town clerk shall, upon request, make and certify copies of any such map on file in his office. All maps bearing a date of October 1, 1974, or later, shall be drawn in ink or printed on translucent linen, or any other material approved by the Public Records Administrator, and shall be thirty-six inches long and twenty-four inches wide or eighteen inches long and twelve inches wide or eighteen inches long and twenty-four inches wide. The selectmen of each town shall cause to be provided cases in which such maps may be properly preserved or books of appropriate size in which such maps may be properly preserved. Maps may be recorded by a photographic process as approved by the [state Examiner of] Public Records ADMINISTRATOR and the original retained for reference.

Sec. 3. Section 7-50 of the general statutes is repealed and the following is substituted in lieu thereof:

No certificate of birth shall contain any specific statement that the child was born in or out of wedlock or reference to illegitimacy of the child or to the marital status of the mother. The name of the father of a child born out of wedlock may be entered in or upon the birth certificate or birth record of such child with the written consent of the father and the mother. In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and surname of the child shall be entered on the birth certificate in accordance with the order of the court. The social security number of the father of a child born out of wedlock may be entered in or upon the birth certificate or birth record of such child if such disclosure is done in accordance with 5 USC 552a NOTE.

Sec. 4. Section 7-69 of the general statutes is repealed and the following is substituted in lieu thereof:

Except as provided in section 7-70, no person except a licensed embalmer or funeral director licensed by the [Connecticut Board of Examiners of Embalmers] DEPARTMENT OF PUBLIC HEALTH shall remove the body of a deceased person from one town to another or into the limits of any town in this state unless a permit for such removal has been obtained, as provided by section 7-68, and no person except a licensed embalmer or funeral director licensed by said [board] DEPARTMENT shall remove the body of any deceased person from this state to another state unless a death certificate signed by a person licensed by said [board] DEPARTMENT has been procured, and no burial or removal permit shall be issued unless the death certificate has been signed by a licensed embalmer or funeral director licensed by said [board] DEPARTMENT. Any embalmer or funeral director licensed by said [board] DEPARTMENT may remove the body of any deceased person from or into the limits of any town in this state, provided there shall be attached to the coffin or case containing such body a written or printed permit, signed by the registrar of vital statistics in the town in which such person died, certifying the cause of death or disease of which such person died and the town in which such person is to be buried. The permit shall also certify that, when death was due to any communicable disease specified by the Public Health Code, the body has been prepared in accordance with the regulations of the Public Health Code. Such permit shall be sufficient to permit the burial of such deceased person in any town in this state other than the town in which such person died, without a burial permit from the registrar of the town where such person is to be buried. If the body of a deceased person is brought into the state for burial and is accompanied by a removal permit issued by the legally constituted authorities of the state from which it was brought, such permit shall be received as sufficient authority for burial; but, if it is not accompanied by such permit, then the person or persons in charge of it shall apply for a burial permit to the registrar of vital statistics of the town in which it is to be buried, and such registrar shall issue such permit when furnished with such information as to the identity of the deceased and the cause of his death as is required by section 7-62b concerning a person dying in this state. Any person who violates any provision of this section, or who knowingly signs a false permit or knowingly allows a false permit to be used in lieu of a permit required by this section, shall be fined not more than five hundred dollars or imprisoned not more than six months or both.

Sec. 5. Section 7-127g of the general statutes is repealed and the following is substituted in lieu thereof:

Each municipality which receives a grant pursuant to sections 7-127d to [7-127g] 7-127f, inclusive, for the fiscal year ending June 30, 1995, shall submit a report to the General Assembly, An accordance with the provisions of section 11-4a, which sets forth all funds received by such municipality from state, local, federal or private sources for youth centers and after-school programs. Such report shall be submitted on or before February 15, 1995. Any municipality which receives a grant pursuant to [this act] SECTIONS 7-127d TO 7-127f, INCLUSIVE for the fiscal year ending June 30, 1996, or any subsequent fiscal year, shall submit such report not later than February fifteenth of the fiscal year in which such grant is received.

Sec. 6. Subsection (a) of section 7-322b of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any active member of a volunteer fire company, as defined in section 7-314, or any emergency medical technician, as defined in [subsection (e) of] section 19a-175, who is a member of an emergency medical service organization and employed between the hours of eight o'clock a.m. and five o'clock p.m. in a municipality other than the municipality in which the volunteer fire company or emergency medical service organization to which the individual belongs is located, may serve as a member of any volunteer fire company or emergency medical service organization located in the municipality where such individual is employed during such hours, subject to the provisions of this section. Nothing herein shall be construed to require any volunteer fire company or emergency medical service organization to accept the services of persons who are available for service pursuant to this section.

Sec. 7. Section 8-113a of the general statutes, as amended by section 13 of public act 95-79, section 1 of public act 95-197 and section 1 of public act 95-250, is repealed and the following is substituted in lieu thereof:

The following terms, wherever used or referred to in this part, shall have the following respective meanings, unless a different meaning clearly appears from the context:

(a) "Authority" or "housing authority" means any of the public corporations created by section 8-40.

(b) "Municipality" means any city, borough or town. "The municipality" means the particular municipality for which a particular housing authority is created.

(c) "Governing body" means, for towns having a town council, the council; for other towns, the selectmen; for cities, the common council or other similar body of officials; and for boroughs, the warden and burgesses.

(d) "Mayor" means, for cities, the mayor, and, for boroughs, the warden. "Clerk" means the clerk of the particular city, borough or town for which a particular housing authority is created.

(e) "Area of operation" shall include the municipality in which a housing authority is created under the provisions of this chapter, and may include a neighboring municipality, provided the governing body of such neighboring municipality shall agree by proper resolution to the extension of the area of operation to include such neighboring municipality.

(f) "Housing project" means any work or undertaking (1) to demolish, clear or remove buildings from any slum area, which work or undertaking may embrace the [adaption] ADAPTATION of such area to public purposes, including parks or other recreational or community purposes; (2) to provide decent, safe and sanitary urban or rural dwellings, apartments or other living accommodations for elderly persons, which work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, recreational or welfare purposes; (3) to provide a continuum of housing comprising independent living accommodations, residential care, intermediate housing facilities and skilled nursing care and facilities with ready access to medical and hospital services; or (4) to accomplish a combination of the foregoing. The term "housing project" also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith.

(g) "Bonds" means any bonds, notes, interim certificates, certificates of indebtedness, debentures or other obligations issued by the authority pursuant to this chapter.

(h) "Real property" shall include all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.

(i) "Obligee of the authority" or "obligee" shall include any bondholder, trustee or trustees for any bondholders, or lessor demising to the authority property used in connection with a housing project, or any assignee or assignees of such lessor's interest or any part thereof, and the state government when it is a party to any contract with the authority.

(j) "State public body" means any city, borough, town, municipal corporation, district or other subdivision of the state.

(k) "Rent" means the entire amount paid to a local authority, nonprofit corporation or housing partnership for any dwelling unit.

(l) "Shelter rent" means "rent" as defined herein, less any charges made by a local authority, nonprofit corporation or housing partnership for water, heat, gas, electricity and sewer use charges.

(m) "Elderly persons" means persons sixty-two years of age and over who lack the amount of income which is necessary, as determined by the authority or nonprofit corporation, subject to approval by the Commissioner of Economic and Community Development, to enable them to live in decent, safe and sanitary dwellings without financial assistance as provided under this part, or persons who have been certified by the Social Security Board as being totally disabled under the federal Social Security Act or certified by any other federal board or agency as being totally disabled, except persons (1) currently using illegal drugs, (2) currently abusing alcohol and who have a recent history of disruptive or dangerous behavior whose tenancy constitutes a direct threat to the health or safety of another individual or whose tenancy would result in substantial physical damage to the property of another or (3) with a recent history or disruptive or dangerous behavior whose tenancy would constitute a direct threat to the health and safety of another individual or whose tenancy would result in substantial physical damage to the property of another.

(n) "Housing partnership" means any partnership, limited partnership, joint venture, trust or association consisting of (1) a housing authority, a nonprofit corporation or both and (2) (A) a business corporation incorporated pursuant to chapter 599, having as one of its purposes the construction, rehabilitation, ownership or operation of housing, and having articles of incorporation approved by the commissioner in accordance with regulations adopted pursuant to section 8-79a or 8-84, (B) a for-profit partnership, limited partnership, joint venture, trust, limited liability company or association having as one of its purposes the construction, rehabilitation, ownership or operation of housing, and having basic documents of organization approved by the commissioner in accordance with regulations adopted pursuant to section 8-79a or 8-84 or (C) any combination of the entities included under subparagraphs (A) and (B) of this subdivision.

Sec. 8. Subsection (c) of section 8-121 of the general statutes, as amended by section 1 of public act 95-250, is repealed and the following is substituted in lieu thereof:

(c) Without limiting any other powers of the Connecticut Housing Authority, the authority shall have power: (1) To sell or lease, with the approval of the Secretary of the Office of Policy and Management, and provide for the management of any of the state's housing projects upon terms and conditions which the authority deems appropriate, provided preference in the sale of a one-family or two-family dwelling unit in any such housing project, or any part thereof, or of shares in a cooperative or condominium association purchasing a project or part of a project, shall be given to buyers in accordance with the provisions of [subdivision] SUBSECTION (b) of section 8-76; and provided further that the sale of one or more multifamily dwelling units in any such housing project, or any part thereof, shall be made in accordance with the provisions of [subdivision] SUBSECTION (a) of section 8-76. The proceeds of the sale of any such project, or part thereof, the cost of which was financed by notes or bonds issued or guaranteed by the state, or of any agency thereof, after payment of all necessary expenses incident to such sale, shall be applied so far as practicable to the redemption of all such outstanding notes or bonds. If such proceeds are more than sufficient to redeem all such outstanding notes and bonds, the balance remaining shall be deposited in The Housing Mortgage Fund designated pursuant to section 8-87; (2) to finance the sale of any of the state's housing projects pursuant to the provisions of subdivision (1) of this subsection, by a purchase money note providing for its complete amortization within a period not exceeding fifty years from its date, bearing interest at a rate to be set by the commissioner as provided in [subdivision] SUBSECTION (c) of section 8-76, but not below the minimum rate determined by the State Bond Commission and secured by a first mortgage on the premises purchased; (3) to do any and all acts or things necessary or appropriate to service purchase money notes and mortgages originated pursuant to the provisions of subdivision (2) of this subsection, including entering into agreements with banks, mortgage service agencies and other institutions to service such notes and mortgages for service fees payable from collections of principal and interest on such notes, and upon default in the repayment of any such purchase money note, to acquire title to the premises mortgaged to secure the same in the name of the state by foreclosure or otherwise, and, upon acquisition by the state of title to any premises mortgaged to secure any such purchase money note, to dispose of the same for such price and upon such terms as the authority deems proper with the approval of the Secretary of the Office of Policy and Management; (4) to receive and accept aid or contributions, including money, property, labor and other things of value, from any source; and (5) to invest any funds not needed for immediate use or disbursement, including any funds held in reserve, in obligations issued or guaranteed by the United States of America or the state of Connecticut and in other obligations which are legal investments for savings banks in this state.

Sec. 9. Section 8-242 of the general statutes is repealed and the following is substituted in lieu thereof:

It is found and declared that there exists in the state and will exist in the future a serious shortage of housing for low and moderate income families and persons; that this shortage has contributed and will contribute to the persistence of slums and blight and will tend to perpetuate the concentration of families and persons of low and moderate income in the older urban areas of the state; and that this shortage has been a major contributing factor to the deterioration in the quality of environment and living conditions of large numbers of the citizens of Connecticut. It is further found and declared that it is imperative that the cost of mortgage financing, a major factor materially affecting the supply and cost of housing, be made lower in order to encourage the development and reduce the cost of housing for low and moderate income families and persons, that the supply of housing for families and persons displaced by public action or disaster be increased, and that private enterprise and public agencies be encouraged and assisted to build and rehabilitate well planned, well designed housing which will be made available to house families and persons of low and moderate income and will prevent the recurrence of slums and blight. It is further found and declared that there exists a serious lack of construction and permanent financing for housing proposed to be constructed, rehabilitated, purchased and refinanced pursuant to government-insured mortgage programs and with government subsidies for low and moderate income families and persons, and that this lack of construction and permanent financing will severely limit the growth in the supply of housing for such families and persons. It is further found and declared that there exists a serious shortage of low interest rate financing available to low and moderate income families and persons for the purchase or rehabilitation of existing dwelling units. It is therefore found and declared that providing state financial assistance for housing for low and moderate income families and persons through the making and purchase of mortgages on such housing located in this state and the undertaking of the other financing arrangements set forth in this chapter to meet the aforesaid needs and achieve the foregoing objectives, including mortgage loans to families and persons of low and moderate income for the purchase of existing dwelling units, are public purposes and purposes for which public money may be expended for the public benefit and good. It is further found and declared that in order to provide housing for families and persons of lower income than the Connecticut Housing Financing Authority can presently assist, it shall be a public purpose of the authority to invest a portion of its funds in mortgage or mortgage-backed securities at the maximum yield obtainable and to apply the income from such investments to reduce the interest rate charged on housing for low and moderate income persons and families and other mortgagees. It is further found and declared that municipalities in the state with a population in excess of seventy-five thousand or with population densities of three thousand five hundred per square mile of physically accessible land area as determined by or predicated upon the 1970 United States Census have, owing to their large size and long establishment as urban areas, urban problems that are not as pervasive nor of similar magnitude in municipalities of a smaller size and that this fact justifies limiting the provisions of subsection (34) of section 8-250, subsection (b) of section 8-251 and [subsection (d)] SUBDIVISION (4) OF SUBSECTION (a) of section 8-258 to those municipalities of a population hereinbefore stated. It is further found and declared that there exists in such urban areas a critical and growing need to maintain and to encourage a proper balance of housing, industrial, commercial and community and recreational facilities and to restore urban areas as desirable places for persons of all income levels to live, work, shop and enjoy the amenities of town living and meeting, traditional to the state. It is recognized that a sufficient number of attractive sites for housing exist in the state elsewhere than in urban areas, that, during certain periods in recent times, private mortgage financing at acceptable rates has been and may continue to be more readily available elsewhere than in urban areas and that the superficial economics of housing elsewhere than in urban areas has been and will continue to be an incentive for citizens of the state to abandon their homes in urban areas or continue to live elsewhere; however, it is found and declared that the state has a major investment in insuring that urban areas do not further deteriorate because the cost (1) of accommodating continued development elsewhere than in urban areas, in terms of additional fire protection, sewer, water, education and energy requirements, of additional construction and maintenance of highways and transportation facilities, of the additional destruction of natural areas of the state, of the additional administrative and governmental requirements that result as underdeveloped areas grow in population and of such other similar public improvements and services that government is required to finance as a result thereof and (2) of redeveloping the urban areas, of the inefficient and underuse of the public facilities and services presently available in the urban areas and of the increased expense of providing safety for persons continuing to reside in deteriorating areas, is and will continue to be an undue burden on the state, adversely affecting the health, welfare, safety and general prosperity of the citizens of the state. It is further recognized that since the late nineteen-forties providing housing for low and moderate income persons and the redevelopment of urban areas has been the subject matter of government action and assistance in this state and that such action and assistance must continue; however, experience has shown that balanced community development has the best chance of improving the urban areas and that the proliferation of suburban sprawl is detrimental to the state, to its natural resources and to all of its inhabitants. It is further recognized that the conditions in certain parts of urban areas have caused the mortgage lenders to refuse to risk their capital on attractive housing even to persons able to afford such housing without assistance. It is further found, as more particularly set forth in the plan of conservation and development for Connecticut that the declared policy of the state is to discourage the development of areas which remain in their natural state and to encourage the further development and revitalization of the other areas of the state. It is therefore found and declared that in order to encourage the development of a balanced community of all income levels in the urban areas it is necessary and appropriate that mortgage financing for construction, reconstruction, purchase and refinancing of housing in urban areas for all levels of income more readily be made available. It is further found and declared that the erosion in the value of one, two or three-family homes due to the decline of economic conditions in the state has precluded the refinancing of mortgages on such property in a manner that could increase homeowner disposable income and contribute to the general economic recovery of the state and that it is beneficial and in the public interest that the state extend mortgage guarantees to mortgage lending institutions to provide refinancing mortgage loans when the decline of home values has precluded such lending. It is further found that energy costs of operating residential buildings have increased greatly in recent years creating a severe economic burden for families and persons of low and moderate income and making it difficult for such persons to afford basic housing needs; and that it is highly probable such energy costs will continue to increase rapidly in the future. It is therefore found and declared to be in the public interest and for the public benefit and good to protect Connecticut residents from further increases in energy costs by providing state financial assistance for the purchase, construction and installation in new and existing buildings of energy conservation measures and renewable energy systems providing space heating or cooling, domestic hot water, electricity or other useful energy. To achieve such purposes for the foregoing reasons, the General Assembly determines that the Connecticut Housing Finance Authority should be provided with the additional powers set forth in subsections (34) and (36) of section 8-250, subsection (b) of section 8-251 and [subsection (d)] SUBDIVISION (4) OF SUBSECTION (a) of section 8-258 and that the expenditure of public moneys therefor constitutes a serving of a needed public purpose and is in the public interest. It is further found and declared that there continues to exist in the state and will exist in the future a serious shortage of housing; that federal programs providing subsidies for housing of low and moderate income persons and families are being curtailed or eliminated; that federal legislation has limited and restricted the ability of the Connecticut Housing Finance Authority to issue obligations, the interest on which is exempt from federal income taxation, to finance housing for low and moderate income persons and families and in urban areas; that it is imperative for the state to continue to create and maintain a climate conducive to attract investment in multifamily housing in the state and that the Connecticut Housing Finance Authority has demonstrated its capability for raising funds for such purpose. To achieve the purpose of continuing to attract such investment and to continue housing finance programs for shelter for its inhabitants, the General Assembly determines that the issuance of the obligations authorized pursuant to subsection (o) of section 8-252 and the expenditure of the proceeds thereof constitutes a serving of a needed public purpose and is in the public interest. It is further found and declared that the high cost of housing in the state, relative to the cost of housing in other states, is a significant impediment to the promotion and maintenance of economic development in the state and it is imperative that such competitive disadvantage be moderated to the extent possible through employer-assisted housing efforts or other means.

Sec. 10. Section 8-258 of the general statutes is repealed and the following is substituted in lieu thereof:

(a)m The authority shall establish and maintain three funds: The Housing Mortgage Capital Reserve Fund, the Housing Mortgage General Fund and the Housing Mortgage Insurance Fund.

[(a)] (1) The Housing Mortgage Capital Reserve Fund shall consist of [(i)] (A)m all moneys paid by the state for inclusion therein; [(ii)] (B) all proceeds of the sale of bonds required to be deposited therein by the terms of the resolution authorizing the sale of said bonds; and [(iii)] (C) any other moneys available to the authority which it determines to utilize for this purpose. All moneys held in the Housing Mortgage Capital Reserve Fund, except as hereinafter provided, shall be used for the payment of the principal and interest of any bonds or notes issued by the authority, as such payment shall become due and for the retirement of bonds upon maturity and when due. In addition, moneys from the fund may be used to retire bonds before maturity and to pay any redemption premium required to be paid, provided no moneys shall be utilized in any year to retire bonds before maturity if the consequence thereof is to reduce the fund below an amount of moneys sufficient to meet the maximum payments required in the succeeding calendar year for payment of principal and interest falling due on all other outstanding bonds and retiring all other bonds required by their terms to be retired, such amount being hereafter referred to as the "required minimum capital reserve". Income or interest from the investment of moneys held in the fund shall be retained therein if needed to meet any deficiencies in the required minimum capital reserve but, to the extent of any excess over the aforesaid required minimum capital reserve, moneys may be transferred by the authority to any other fund or account of the authority. Notwithstanding any other provision contained in this chapter, no bonds shall be issued by the authority unless there is in the fund the required minimum capital reserve for all bonds issued and to be issued, provided nothing shall preclude the authority from satisfying the foregoing requirement by depositing so much of the proceeds of the bonds to be issued, upon their issuance as is needed for the fund to achieve the required minimum capital reserve. On or before December first of each year, there is deemed to be appropriated from the state General Fund such sums, if any, as shall be certified by the chairman of the authority, to the Secretary of the Office of Policy and Management, as necessary to restore said fund to an amount equal to the required minimum capital reserve, and such amounts shall be allotted and paid to the authority. Such amounts, if any, shall be repaid to the state and credited to the General Fund, subject to the provisions of section 8-261 and to any general resolution adopted prior to May 18, 1972, by the authority authorizing the issuance of bonds, as soon as possible, by the authority from any moneys available therefor and in excess of the amounts which the authority determines will keep it self-supporting. For purposes of valuation of the Housing Mortgage Capital Reserve Fund, securities acquired as an investment for said fund shall be valued at par, actual cost to the authority or market value, whichever value is less.

[(b)] (2) The authority may also establish one or more additional capital reserve funds in connection with the issuance of any bonds pursuant to a resolution other than its general housing mortgage program bond resolution adopted October 27, 1972. Any such capital reserve fund shall be established and maintained on the same terms and conditions as the Housing Mortgage Capital Reserve Fund, and amounts shall be deposited and maintained therein, expended therefrom and are hereby appropriated thereto in the same manner and with the same force and effect as is provided in SUBDIVISION (1) OF subsection (a) of this section with respect to the Housing Mortgage Capital Reserve Fund, it being hereby expressly provided that the operation of any such capital reserve fund shall be identical to the operation of the Housing Mortgage Capital Reserve Fund, except as follows: When computing the amount on deposit in any such capital reserve fund, investments therein shall be valued at par, cost, amortized value or such other method as the authority determines to be reasonable and in the best interests of the state and the holders of the bonds entitled to the benefits thereof; and in calculating the required "minimum capital reserve" with respect to such capital reserve fund there shall be taken into account only those bonds of the authority secured by such capital reserve fund and in computing the "required minimum capital reserve" pursuant to SUBDIVISION (1) OF subsection (a) of this section, such bonds shall not be taken into account in determining the amount of outstanding and other bonds. The provisions of section 8-261 shall be applicable to this [subsection] SUBDIVISION.

[(c)] (3) The Housing Mortgage General Fund shall consist of [(1)] (A) all proceeds of the sale of bonds issued by the authority not required to be deposited in the Housing Mortgage Capital Reserve Fund by the terms of the resolution authorizing the sale of said bonds; [(2)] (B) all moneys paid by the state of Connecticut for inclusion therein; [(3)] (C) any moneys not allocated to any fund; [(4)] (D) any moneys which the authority shall transfer from the Housing Mortgage Capital Reserve Fund pursuant to SUBDIVISION (1) OF subsection (a) of this section; and [(5)] (E) any other moneys available to the authority which it determines to utilize for this purpose. To the extent available, after paying all operating costs of the authority except moneys required for the Housing Mortgage Capital Reserve Fund and the Housing Mortgage Insurance Fund, the moneys remaining in the General Fund may be used for the payment of the principal of and interest on the bonds issued by the authority or for such other corporate purposes of the authority as are authorized by this chapter.

[(d)] (4) The Housing Mortgage Insurance Fund shall consist of [(i)] (A) all receipts of mortgage insurance premiums, [(ii)] (B) all money or other assets of whatever nature received by the authority as a result of loan defaults or delinquencies, including proceeds from the sale, lease or rental of real property, [(iii)] (C) all moneys lent or paid by the state for inclusion therein and [(iv)] (D) any other moneys available to the authority which it determines to include therein. From said funds shall be paid all payments required by loan defaults, and all direct expenses and payments for the protection of the interest of the authority in connection with delinquent or defaulted insured mortgages or property acquired as a result thereof. Loans and advances may be made from said funds as provided by section 8-250.

[(e)] (b) Notwithstanding the provisions of [subsections (a) to (c)] SUBDIVISIONS (1) TO (3), inclusive, of SUBSECTION (a) OF this section, the authority may establish accounts in the funds established under said [subsections] SUBDIVISIONS or such additional alternative or further funds and accounts thereof, which may include the proceeds of bonds, and may establish other capital reserve funds on the same terms and conditions and with the same force and effect resulting from the provisions of SUBDIVISION (1) OF subsection (a) of this section, except that securities acquired as an investment of any such fund shall be valued in such reasonable manner as the authority shall determine, all as may be, in its discretion, necessary and desirable to accomplish any purpose of the authority or to comply with the provisions of any agreement made by the authority or any resolution approved by the authority. The resolution establishing such a fund and accounts shall specify the source of moneys from which such funds or accounts shall be funded and the purposes for which moneys held in the funds and accounts shall be disbursed.

[(f)] (c) Moneys in any of the funds referred to in this section not needed to meet expenses may be invested in the manner provided in subsection (18) of section 8-250.

[(g)] (d) Subject to any agreement or agreements with holders of outstanding bonds, notes or other obligations, the authority may apply moneys in the Housing Mortgage Capital Reserve Fund, any additional capital reserve fund or the Housing Mortgage General Fund to purchase a financial guaranty or financial guaranties secured or unsecured as the authority may determine. For purposes of this section, financial guaranty means any letter of credit, surety bonds, insurance policy, guaranty or similar instrument issued by a bond or insurance company or other financial institution which provides for moneys to be available for the purposes to which and at the times by which moneys in each such fund may be required.

[(h)] (e) Secure instruments or contracts authorized under subsection (38) of section 8-250 in any manner in which the authority may secure its bonds, notes or other obligations under section 8-252, subject to any agreement or agreements with holders of outstanding bonds, notes or other obligations of the authority.

[(i)] (f) The State Treasurer is hereby authorized to issue a collateralized direct guarantee of the state of punctual payment thereof from the General Fund and carrying the full faith and credit pledge of the state for any investment of the authority or financial guarantee purchased by the authority to the extent such investment or financial guarantee has a rating equal to or better than that of the state provided the state is fully secured by a collateral assignment of such investment or financial guarantee and such investment or financial guarantee qualifies as an investment by the short-term investment fund under section 3-27a. The amount necessary to honor such state collateralized guarantee is hereby deemed appropriated from the General Fund and the Treasurer is authorized and directed to sell and collect on the security of the collateral so assigned and to pay such amount to the authority. Such state collateralized guarantee shall not constitute indebtedness of the state for the purposes of any debt limit of other statutory purpose and shall be only placed on any such investment or financial guarantee to permit the authority to maximize its investment opportunities and to meet its responsibilities under the requirements of its general housing mortgage finance program bond resolution adopted September 27, 1972, as amended, provided the State Treasurer determines that the collateral is at least sufficient to offset the full amount of the state guarantee. The State Treasurer shall be entitled to such supporting documents as necessary or appropriate from the authority prior to placing such collateralized guarantee on any such investment.

Sec. 11. Subsection (b) of section 8-265q of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Any mortgagee seeking a loan guarantee and any mortgagor seeking to have a loan guaranteed shall provide such information to the authority as the authority deems necessary. The information shall be provided on a form prescribed by the authority. Any information required by the authority in connection with an application for a mortgage loan guarantee shall be provided subject to the penalty for false statement under section [53a-157] 53a-157b. No guarantee shall be valid until approved by the authority.

Sec. 12. Subsection (b) of section 8-265ff of the general statutes is repealed and the following is substituted in lieu thereof:

(b) The mortgagor shall apply for a loan on the form provided by the authority. The mortgagor shall complete and sign the application subject to the penalty for false statement under section [53a-157] 53a-157b.

Sec. 13. Subsection (f) of section 8-435 of the general statutes is repealed and the following is substituted in lieu thereof:

(f) The intentional submission of false information with respect to any housing development that receives financial assistance pursuant to section 8-433 shall subject the person making the submission to the penalty for making a false statement under section [53a-157] 53a-157b.

Sec. 14. Subsection (g) of section 9-436 of the general statutes, as amended by section 5 of public act 95-177, is repealed and the following is substituted in lieu thereof:

(g) The provisions of section 9-258 concerning additional lines of electors at a polling place, and of section 9-258a concerning two shifts of officials at a polling place, shall apply to a primary. Except as otherwise provided in this chapter, the provisions of the general statutes relating to the use of voting machines at regular elections shall apply as nearly as may be to the use of voting machines at primaries. [Chapter 54 shall not apply to rules made under this section.]

Sec. 15. Subsection (a) of section 10a-22f of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A certificate of authorization issued to a private occupational school pursuant to sections 10a-22a to 10a-22k, inclusive, and 10a-22u to 10a-22w, inclusive, may be revoked by the Commissioner of Higher Education if such school (1) ceases to meet the conditions of its authorization; (2) commits a material or substantial violation of sections 10a-22a to 10a-22k, inclusive, or 10a-22u to 10a-22w, inclusive, or the regulations prescribed thereunder; (3) makes a false statement about a material fact in application for authorization; or (4) fails to make a required payment to the [default assurance fund] STUDENT PROTECTION ACCOUNT pursuant to section 10a-22u.

Sec. 16. Section 10a-206a of the general statutes is repealed and the following is substituted in lieu thereof:

Upon notification to the Comptroller by the Connecticut Student Loan Foundation that any borrower under this chapter is in default on one or more instalments of a loan made or guaranteed by the corporation under this chapter, including any interest related thereto, the Comptroller shall withhold any order upon the Treasurer for payment of any amount payable by the state to such borrower, unless the amount so payable is reduced by the amount of such indebtedness, provided any such amount payable by the state shall not be so reduced if (1) such amount payable is a payment of salary or wages, or any payment in lieu of or in addition to such salary or wages, to a state employee, (2) such taxes, penalties and interest have been fixed by [said] THE commissioner OF REVENUE SERVICES pursuant to a request within the time allowed under title 12 to correct the amount thereof or (3) such taxes, penalties and interest have been determined by said commissioner to be due and such determination is the subject of an appeal pending before any court in this state. The Comptroller shall promptly notify the corporation of any payment reduced under the provisions of this section.

Sec. 17. Subsection (c) of section 11-24a of the general statutes is repealed and the following is substituted in lieu thereof:

(c) Any public library not designated as a principal public library shall be a "nonprincipal public library". A nonprincipal public library in a municipality may be eligible to receive a state grant, construction cost grant or Connecticard grant provided [they meet] IT MEETS the following conditions: There is a separate board of trustees or governing body for each such nonprincipal public library; there is a different library director and staff for each such library; there is a separate library facility; and, there is a separate town appropriation to each such library.

Sec. 18. Subdivisions (59) and (60) of section 12-81 of the general statutes are repealed and the following is substituted in lieu thereof: (59) Any manufacturing facility, as defined in section 32-9p, acquired, constructed, substantially renovated or expanded on or after July 1, 1978, in a distressed municipality, as defined in said section or in a targeted investment community, as defined in section 32-222, or in an enterprise zone designated pursuant to section 32-70 and for which an eligibility certificate has been issued by the department OF ECONOMIC AND COMMUNITY DEVELOPMENT, as follows: To the extent of eighty per cent of its valuation for purposes of assessment in each of the five full assessment years following the assessment year in which the acquisition, construction, renovation or expansion of the manufacturing facility is completed. The completion date will be determined by the department OF ECONOMIC AND COMMUNITY DEVELOPMENT taking into account the issuance of occupancy certificates and such other factors as it deems relevant. In the case of a manufacturing facility which consists of a constructed, renovated or expanded portion of an existing plant, the assessed valuation of the manufacturing facility is the difference between the assessed valuation of the plant prior to its being improved and the assessed valuation of the plant upon completion of the improvements. In the case of a manufacturing facility which consists of an acquired portion of an existing plant, the assessed valuation of the manufacturing facility is the assessed valuation of the portion acquired. This exemption shall be applicable during each such assessment year regardless of any change in the ownership or occupancy of the manufacturing facility. If during any such assessment year, however, any facility for which an eligibility certificate has been issued ceases to qualify as a manufacturing facility, the entitlement to the exemption allowed by this subdivision shall terminate for the assessment year following the date on which the qualification ceases, and there shall not be a pro rata application of the exemption. Any person who desires to claim the exemption provided in this subdivision shall file annually with the assessor or board of assessors in the distressed municipality, targeted investment community or enterprise zone designated pursuant to section 32-70 in which the manufacturing facility is located, on or before the first day of November, written application claiming such exemption on a form prescribed by the Secretary of the Office of Policy and Management. Failure to file such application in this manner and form within the time limit prescribed shall constitute a waiver of the right to such exemption for such assessment year, unless an extension of time is allowed by the Secretary of the Office of Policy and Management as set forth in section 12-81k, and upon payment of the required fee for late filing; (60) (1) Machinery and equipment which represents an addition to the assessment or grand list of the municipality in which this exemption is claimed and is installed in any manufacturing facility, as defined in section 32-9p, which facility is or has been constructed, or substantially renovated or expanded on or after July 1, 1978, in a distressed municipality or targeted investment community or enterprise zone designated pursuant to section 32-70 and for which an eligibility certificate has been issued by the department OF ECONOMIC AND COMMUNITY DEVELOPMENT, concurrently with and directly attributable to such construction, renovation or expansion, (2) machinery and equipment which represents an addition to the assessment or grand list of the municipality in which this exemption is claimed and is installed, or machinery and equipment existing, in any manufacturing facility, as defined in section 32-9p, which facility is or has been acquired on or after July 1, 1978, in a distressed municipality, targeted investment community or enterprise zone designated pursuant to section 32-70 and for which an eligibility certificate has been issued by the department OF ECONOMIC AND COMMUNITY DEVELOPMENT, and (3) machinery and equipment acquired and installed on or after October 1, 1986, in a manufacturing facility that is or has at one time been certified as eligible for the exemption under this section in accordance with section 32-9r, and which continues to be used for manufacturing purposes, provided such machinery and equipment is installed in conjunction with an expansion program that satisfies the requirements for a manufacturing facility, as defined in section 32-9p, and is contiguous to and represents an increase in square feet of floor space of not less than fifty per cent of the floor space in the certified manufacturing facility, as follows: To the extent of eighty per cent of its valuation for purposes of assessment in each of the five full assessment years for which the manufacturing facility in which it is installed qualifies for an exemption under subdivision (59) of this section. This exemption shall terminate for the assessment year next following if the manufacturing facility in which such machinery and equipment is installed no longer qualifies for an exemption under said subdivision (59), and there shall not be a pro rata application of the exemption of such machinery and equipment in the assessment year of such termination. Any person who desires to claim the exemption provided in this subdivision shall file annually with the assessor or board of assessors in the distressed municipality, targeted investment community or enterprise zone designated pursuant to section 32-70 in which the manufacturing facility is located, on or before the first day of November, written application claiming such exemption on a form prescribed by the Secretary of the Office of Policy and Management. Failure to file such application in this manner and form within the time limit prescribed shall constitute a waiver of the right to such exemption for such assessment year, unless an extension of time is allowed by the Secretary of the Office of Policy and Management as set forth in section 12-81k, and upon payment of the required fee for late filing.

Sec. 19. Subdivision (70) of section 12-81 of the general statutes is repealed and the following is substituted in lieu thereof:

(70) New machinery and equipment used directly in the manufacturing of goods or products and acquired through purchase by any business organization or any affiliate of such business organization as part of a technological upgrading of the manufacturing process at a location in a distressed municipality, targeted investment community, as defined in section 32-222, or enterprise zone designated pursuant to section 32-70, and for which an eligibility certificate has been issued by the department OF ECONOMIC AND COMMUNITY DEVELOPMENT, which business organization (A) is engaged in the manufacturing, processing or assembling of raw materials, parts or manufactured products, (B) has been in continuous operation in the state for a period not less than five years prior to claiming the exemption provided in this subdivision, (C) had gross receipts in an amount less than twenty million dollars in the year prior to claiming the exemption provided in this subdivision, including receipts of any affiliates of the business organization and (D) has incurred costs in acquiring such machinery and equipment not less than the greater of (i) two hundred thousand dollars or (ii) two hundred per cent of the business organization's and affiliate's average expenditure for the acquisition of machinery and equipment used directly in the manufacturing of goods or products at the location in the distressed municipality, targeted investment community or enterprise zone designated pursuant to section 32-70 during the three years prior to claiming the exemption provided in this subdivision, as follows: To the extent of fifty per cent of its valuation for purposes of assessment in each of the five full assessment years following the assessment year in which such machinery and equipment is acquired. Any person who desires to claim the exemption provided in this subdivision shall file annually with the assessor or board of assessors in the distressed municipality, targeted investment community or enterprise zone designated pursuant to section 32-70 in which the business organization is located, on or before the first day of November, written application claiming such exemption on a form prescribed by the Secretary of the Office of Policy and Management. Failure to file such application in this manner and form within the time limit prescribed shall constitute a waiver of the right to such exemption for such assessment year, unless an extension of time is allowed by the Secretary of the Office of Policy and Management as set forth in section 12-81k, and upon payment of the required fee for late filing. No person shall be eligible to receive the exemption provided in this subdivision if such exemption is sought for machinery and equipment located in a manufacturing facility as defined in subsection (d) of section 32-9p, currently receiving assistance under subdivisions (59) and (60) of section 12-81, and no person shall receive such exemption for eligible machinery or equipment at each location in a distressed municipality, targeted investment community or enterprise zone designated pursuant to section 32-70 more than once in any continuous five-year period. The state and the municipality and district shall hold a security interest, as defined in subdivision (37) of section 42a-1-201, in any machinery or equipment which is exempt from taxation pursuant to this subsection, in an amount equal to the tax revenue reimbursed or lost, as the case may be, which shall be subordinate to any purchase money security interest, as defined in section 42a-9-107. Such security interest shall be enforceable against the taxpayer for a period of five years after the last assessment year in which such exemption was received in any case in which the business organization ceases all business operations or moves its business operations entirely out of this state.

Sec. 20. Section 12-129b of the general statutes is repealed and the following is substituted in lieu thereof:

(a) An owner of real property or any tenant for life or for a term of years liable for property taxes under section 12-48 who meets the qualifications stated in [subdivision (a)] THIS SUBSECTION shall be entitled to pay the tax levied on said property, calculated in accordance with the provisions of [subdivision] SUBSECTION (b) for the first year his claim for said tax relief is filed and approved in accordance with the provisions of section 12-129c, and he shall be entitled to continue to pay the amount of said tax or such lesser amount as may be levied in any year, without regard to the provisions of this section and section 12-129c, during each subsequent year that he shall meet said qualifications, and the surviving spouse of such owner or tenant, qualified in accordance with the requirements pertaining to a surviving spouse in [subdivision (a) of this section] THIS SUBSECTION, or any owner or tenant possessing a joint interest in said property with such owner at the time of such owner's death and qualified at such time in accordance with the requirements in [said subdivision (a) of this section] THIS SUBSECTION, shall be entitled to continue to pay the amount of said tax or such lesser amount as may be levied in any year, without regard to the provisions of this section and section 12-129c, as it becomes due each year following the death of such owner for as long as such surviving spouse or joint owner or joint tenant is qualified in accordance with the requirements in [said subdivision (a) of this section] THIS SUBSECTION. After the first year a claim for said tax relief is filed and approved, application for said tax relief shall be filed biennially on a form prepared for such purpose by the Secretary of the Office of Policy and Management. No such owner or tenant may qualify for said tax relief if such claim is filed after May 15, 1980. Any such owner or tenant who is qualified in accordance with this section and who files such claim on or before May 15, 1980, and any such surviving spouse or joint owner or joint tenant surviving upon the death of such owner or tenant, shall be entitled to pay said tax in the amount as provided in this section for so long as such owner or tenant or such surviving spouse or joint owner or joint tenant continues to be so qualified.

[(a)] To qualify for the tax relief provided in this section a taxpayer shall meet all the following requirements: (1) Be sixty-five years of age or over, or his spouse, who is domiciled with him, shall be sixty-five years or over, or be fifty years of age or over and the surviving spouse of a taxpayer who at the time of his death had qualified and was entitled to tax relief under this section and section 12-129c, provided such spouse was domiciled with such taxpayer at the time of his death, and (2) occupy said real property as his home, and (3) either he or his spouse shall have resided within this state for at least one year before filing his claim under this section and section 12-129c, and (4) have had adjusted gross income as determined under the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, during the calendar year preceding the filing of his claim in an amount of not more than three thousand dollars if he shall be unmarried, or have adjusted gross income as determined under the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, during the calendar year preceding the filing of the claim in an amount of not more than five thousand dollars if he shall be married and domiciled with his spouse or, on or after April 9, 1974, individually, if unmarried, or jointly if married, adjusted gross income and tax-exempt interest as determined under the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, which is qualifying income, during the calendar year preceding the filing of the claim in an amount of not more than six thousand dollars. Notwithstanding provisions of the Internal Revenue Code under which certain portions of railroad retirement annuities are considered taxable income, for purposes of this subdivision the adjusted gross income of any such taxpayer for any income year commencing on or after January 1, 1984, shall not include any portion of such taxpayer's income from railroad retirement annuities received under the Railroad Retirement Act, exclusive of any such income payable in accordance with the supplemental annuity provisions of said act.

(b) The tax on the real property for which the benefits under this section are claimed shall be calculated by multiplying the assessed value, less one thousand dollars, of said property for the year 1966 or for any subsequent year in which the taxpayer first files and has approved a claim under this section and section 12-129c, by the applicable mill rate of that year for the general property tax, exclusive of any special tax levy, except that, if such property is located in more than one town, the tax payable to the town of the taxpayer's voting residence shall be so calculated and the tax payable to the other town or towns in which such property is located shall be calculated by multiplying the assessed value of said property for the year 1968 or for any subsequent year in which a taxpayer first files and has approved a claim under this section and section 12-129c by the applicable mill rate of such general property tax of that year. If title to real property is recorded in the name of the person or his spouse making a claim and qualifying under said sections and any other person or persons, the claimant hereunder shall be entitled to pay his fractional share of the tax on such property calculated in accordance with the provisions of this section, and such other person or persons shall pay his or their fractional share of the tax without regard for the provisions of said sections. Any taxpayer in a municipality changing to a uniform fiscal year shall have his benefits calculated in accordance with section 12-129h. For the purposes of this section, a "mobile manufactured home", as defined in section 12-63a, shall be deemed to be real property.

(c) If an owner of real property has qualified and received tax relief under this section and section 12-129c and subsequently has adjusted gross income in excess of the maximum as described in this section, he shall notify the municipal tax assessor on or before the next assessment date and shall be denied tax relief under this section for such assessment year and thereafter. Any person who fails to notify the municipal tax assessor of such disqualification shall be fined not more than five hundred dollars.

(d) If any person with respect to whom a claim for tax relief in accordance with this section and section 12-129c has been approved for any assessment year transfers, assigns, grants or otherwise conveys subsequent to the first day of October, but prior to the first day of August in such assessment year the interest in real property to which such claim for tax relief is related, regardless of whether such transfer, assignment, grant or conveyance is voluntary or involuntary, the amount of such tax relief benefit, determined as the amount by which the tax payable without benefit of this section exceeds the tax payable under the provisions of this section, shall be a pro rata portion of the amount otherwise applicable in such assessment year to be determined by a fraction the numerator of which shall be the number of full months from the first day of October in such assessment year to the date of such conveyance and the denominator of which shall be twelve. If such conveyance occurs in the month of October the grantor shall be disqualified for such tax relief in such assessment year. The grantee shall be required within a period not exceeding ten days immediately following the date of such conveyance to notify the assessor thereof, or in the absence of such notice, upon determination by the assessor that such transfer, assignment, grant or conveyance has occurred, the assessor shall (1) determine the amount of tax relief benefit to which the grantor is entitled for such assessment year with respect to the interest in real property conveyed and notify the tax collector of the reduced amount of such benefit and (2) notify the Secretary of the Office of Policy and Management on or before the October first next following the end of the assessment year in which such conveyance occurs of the reduction in such benefit for purposes of a corresponding adjustment in the amount of state payment to the municipality next following as reimbursement for the revenue loss related to such tax relief. On or after December 1, 1989, any municipality which neglects to transmit to the Secretary of the Office of Policy and Management the adjustment as required by this section shall forfeit two hundred fifty dollars to the state, provided said secretary may waive such forfeiture in accordance with procedures and standards adopted by regulation in accordance with chapter 54. Upon receipt of such notice from the assessor, the tax collector shall, if such notice is received after the tax due date in the municipality, within ten days thereafter mail or hand a bill to the grantee stating the additional amount of tax due as determined by the assessor or assessors. Such tax shall be due and payable and collectible as other property taxes and subject to the same liens and processes of collection, provided such tax shall be due and payable in an initial or single installment not sooner than thirty days after the date such bill is mailed or handed to the grantee and in equal amounts in any remaining, regular installments as the same are due and payable.

Sec. 21. Subsection (b) of section 12-157 of the general statutes, as amended by section 3 of public act 95-228, is repealed and the following is substituted in lieu thereof:

(b) The collector may, for any reason, adjourn such sale from time to time by causing public notice of such adjournment and the time and place of such adjourned sale to be given either by oral announcement or posting of a written notice at the time and place designated for the sale in the notices of such sale. If the adjourned date is set for a date more than three days from the date of the original or rescheduled sale date, the tax collector shall provide a postage prepaid written notice of the new time and place of the sale [. The] TO THE delinquent taxpayer and each mortgagee, lienholder and other record encumbrancer whose interest will be affected by the sale.

Sec. 22. Subsection (a) of section 12-158 of the general statutes, as amended by section 4 of public act 95-228, is repealed and the following is substituted in lieu thereof:

(a) The deed given by any collector for real estate sold by him for taxes shall be in substance in the form following:

Know all men by these presents, that, whereas the (here insert the name of the taxing authority) did on the .... day of ...., 19.., lay a tax of .... mills on the dollar on its grand list next to be (or last) perfected, a rate bill for which and for a personal tax (if such be the fact), in all respects made out according to law with a warrant thereto attached, was placed in my hands, I being the duly appointed and qualified collector thereof, for collection, which tax became due on the .... day of ...., 19..; and, whereas A.B., upon demand made, neglected and refused to pay the tax set opposite his name in said rate bill, and thereupon, on the .... day of ...., 19.., I levied upon the parcel of real estate hereinafter described for that portion of said tax which was assessed thereon, to wit: $.... and accrued interest (or if the levy was for the whole tax, for the amount of said tax, to wit: $.... and accrued interest) and gave due notice thereof to said taxpayer and to .... as by law provided, which real estate so levied upon is situated in .... and bounded ...., and on the .... day of ...., 19.., no one having previously tendered me said tax with interest and my fees, in pursuance of said levy, and in accordance with the terms of said notice, I sold at public auction the whole of (or the following portion of) said real estate of ....(to wit) to C.D., for the sum of $..... Now, therefore, in consideration of the premises, and of said sum of money, received to my full satisfaction, of said C.D., I hereby bargain and sell unto him the premises last above described, with the appurtenances, to have and to hold the same to him and his heirs forever, subject only to taxes [paid] LAID by such municipality which were not yet due and payable when I first published notice of levy and sale, easements, covenants and restrictions in favor of other parcels of land, interests exempt from levy and sale under the Constitution and laws of the United States and such other interests, if any, hereinafter described, to wit ..... And also, I, the said collector, acting in the name of and for (name of municipality), do by these presents bind (name of municipality), forever, to warrant and defend the above granted and bargained premises to the said grantee, his heirs and assigns, against all claims and demands arising from any necessary act omitted or unlawful act done by me in connection with the aforesaid levy or sale which impairs the same. In witness whereof I have hereunto set my hand and seal this .... day of ...., 19... E. F., (Seal). Collector as aforesaid. Signed, sealed, and delivered in the presence of (Usual form of acknowledgment).

Sec. 23. Section 12-162 of the general statutes, as amended by section 6 of public act 95-228, 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 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 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 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. 24. Section 12-195f of the general statutes is repealed and the following is substituted in lieu thereof:

Even though notice of a lien has been filed by a municipality, such lien shall not be valid: [A.] (1) With respect to a security interest which came into existence after tax lien filing but which [(1)] (A) is in qualified property covered by the terms of a written agreement entered into before tax lien filing and constituting [(a)] (i) a commercial transactions financing agreement, or [(b)] (ii) an obligatory disbursement agreement, and [(2)] (B) is protected under the laws of the state of Connecticut against a judgment lien arising, as of the time of tax lien filing, out of an unsecured obligation. [(3)] (C) For purposes of this section, [(a)] (i) the term "commercial transactions financing agreement" means an agreement, entered into by a person in the course of his trade or business, to make loans to the taxpayer, part or all of the security for repayment of said loans being inventory acquired by the taxpayer in the ordinary course of his trade or business, but such an agreement shall be treated as coming within the term only to the extent that such loan is made before the forty-sixth day after the date of tax lien filing or before the lender had actual notice or knowledge of such tax lien filing, whichever is earlier. [(b)] (ii) The term "qualified property", when used with respect to a commercial transactions financing agreement, means inventory acquired by the taxpayer before the forty-sixth day after the date of tax lien filing. [(c)] (iii) The term "obligatory disbursement agreement" means an agreement, entered into by a person in the course of his trade or business, to make disbursements, but such an agreement shall be treated as coming within the term only to the extent of disbursements which are required to be made by reason of the intervention of the rights of a person other than the taxpayer. [(d)] (iv) The term "qualified property", when used with respect to an obligatory disbursement agreement, means property subject to the lien imposed by sections 12-195a to 12-195g, inclusive, at the time of tax lien filing and, to the extent that the acquisition is directly traceable to the disbursements referred to in subparagraph [(c)] (iii)m, property acquired by the taxpayer after tax lien filing. [(e)] (v) The term "inventory" when used in this section means inventory as defined in subsection (4) of section 42a-9-109. [B.] (2) With respect to a security interest which came into existence after tax lien filing by reason of disbursements made before the forty-sixth day after the date of tax lien filing, or before the person making such disbursements had actual notice or knowledge of tax lien filing, whichever is earlier, but only if such security interest [(1)] (A) is in property [(a)] (i) subject, at the time of tax lien filing, to the lien imposed by sections 12-195a to 12-195g, inclusive, and [(b)] (ii) covered by the terms of a written agreement entered into before tax lien filing, and [(2)] (B) is protected under the laws of the state of Connecticut against a judgment lien arising, as of the time of tax lien filing, out of an unsecured obligation. [C.] (3) With respect to tangible personal property purchased at retail, as against a purchaser in the ordinary course of the seller's trade or business, unless at the time of such purchase such purchaser intends such purchase to, or knows such purchase will, hinder, evade, or defeat the collection of any tax under said sections. [D.] (4) With respect to a purchase money security interest, if said purchase money security interest would be prior to a conflicting security interest in the same collateral under section 42a-9-312. Sec. 25.

Section 12-213 of the general statutes, as amended by section 3 of public act 95-2, is repealed and the following is substituted in lieu thereof: When used in this part, unless the context otherwise requires[, "taxpayer"] (1) "TAXPAYER" and "company" mean any corporation, foreign municipal electric utility, as defined in section 12-59, joint stock company or association or any fiduciary thereof but not a municipal utility as defined in chapter 212 and chapter 212a, and any dissolved corporation which continues to conduct business; (2) "dissolved corporation" means any company which has terminated its corporate existence by resolution, expiration, decree or forfeiture; (3) "Commissioner of Revenue Services" or "commissioner" means the Commissioner of Revenue Services; (4) "tax year" means the calendar year in which the tax is payable; (5) "income year" means the calendar year upon the basis of which net income is computed under this part, unless a fiscal year other than the calendar year has been established for the purpose of the federal corporation net income tax, in which case it means the fiscal year so established or a period of less than twelve months ending as of the date on which liability under this chapter ceases to accrue by reason of dissolution, forfeiture, withdrawal, merger or consolidation; (6) "fiscal year" means the income year ending on the last day of any month other than December or an annual period which varies from fifty-two to fifty-three weeks elected by the taxpayer in accordance with the provisions of the Internal Revenue Code; (7) "paid" means "paid or accrued" or "paid or incurred", construed according to the method of accounting upon the basis of which net income is computed under this part; (8) "received" means "received" or "accrued", construed according to the method of accounting upon the basis of which net income is computed under this part; (9) "gross income" means gross income as defined in the federal corporation net income tax law in force on the last day of the income year and, in addition, means any interest or exempt interest dividends as defined in Section 852(b)(5) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, received or interest paid by the taxpayer or losses of other calendar or fiscal years, retroactive to include all calendar or fiscal years beginning after January 1, 1935, incurred by the taxpayer which are excluded from gross income for purposes of assessing the federal corporation net income tax, and in addition, notwithstanding any other provision of law, means interest or exempt interest dividends as defined in said Section 852(b)(5) of the Internal Revenue Code of 1986, accrued on or after the application date, with respect to any obligation issued by or on behalf of the state, its agencies, authorities, commissions and other instrumentalities, or by or on behalf of its political subdivisions and their agencies, authorities, commissions and other instrumentalities; but "gross income" shall not include [(1)] (A) the amount which for federal income tax purposes is treated as a dividend received by a domestic United States corporation from a foreign corporation on account of foreign taxes deemed paid by such domestic corporation, when such domestic corporation elects the foreign tax credit for federal income tax purposes and [(2)] (B) the amount of net gain to any taxpayer, engaged in the business of farming in Connecticut, from the sale or exchange of any cattle raised from birth on a farm in this state operated by such taxpayer, provided not less than seventy-five per cent of such taxpayer's gross income is derived from farming; (10) "net income" means net earnings received during the income year and available for contributors of capital, whether they are creditors or stockholders, computed by subtracting from gross income the deductions allowed by the terms of section 12-217, except that in the case of a domestic insurance company which is a life insurance company "net income" means life insurance company taxable income [(a)] (A) increased by any amount or amounts which have been deducted in the computation of gain or loss from operations in respect of [(1)] (i) the life insurance company's share of tax-exempt interest, [(2)] (ii) operations loss carry-backs and capital loss carry-backs and [(3)] (iii) operations loss carry-overs and capital loss carry-overs arising in any taxable year commencing prior to January 1, 1973, and [(b)] (B) reduced by any amount or amounts which have been deducted as operations loss carry-backs or capital loss carry-backs in the computation of gain or loss from operations for any taxable year commencing on or after January 1, 1973, but only to the extent that such amount or amounts, would, for federal tax purposes, have been deductible in the taxable year as operations loss carry-overs or capital loss carry-overs if they had not been deducted in a previous taxable year as carry-backs; for purposes of the preceding exception the terms "life insurance company", "life insurance company taxable income", "life insurance company's share", "operations loss carry-back", "capital loss carry-back", "operations loss carry-over", "capital loss carry-over" and "gain or loss from operations" have the same meaning as they have in the federal corporation income tax law effective and in force on the last day of the income year; [4m(11) [0m "fiduciary" means any receiver, liquidator, referee, trustee, assignee or other fiduciary or officer or agent appointed by any court or by any other authority, except the Commissioner of Banking acting as receiver or liquidator under the authority of the provisions of sections 36a-210 and 36a-218 to 36a-239, inclusive; (12) "carrying on or doing business" means and includes each and every act, power or privilege exercised or enjoyed in this state, as an incident to, or by virtue of, the powers and privileges acquired by the nature of any organization whether the form of existence is corporate, associate, joint stock company or fiduciary; (13) "interest paid" means and includes, in the case of state banks and trust companies, national banks, mutual savings banks, cooperative banks, savings and loan associations, amounts paid to, or credited to the accounts of, depositors or holders of accounts as dividends on their deposits or withdrawable accounts, if such amounts paid or credited are withdrawable on demand subject only to customary notice of intention to withdraw; (14) "alternative energy system" means design systems, equipment or materials which utilize as their energy source: [(1)] (A) Solar, [(2)] (B) wind, [(3)] (C) water or [(4)] (D) biomass energy in providing space heating or cooling, water heating or generation of electricity, but shall not include wood-burning stoves; AND (15) "S corporation" means any corporation which is an S corporation for federal income tax purposes.

Sec. 26. Section 12-399 of the general statutes is repealed and the following is substituted in lieu thereof:

This chapter shall become void and of no effect in respect to the estates of persons who died subsequent to the effective date of the repeal of said federal estate tax or of the provision thereof providing for a credit of the tax paid to the several states and territories of the United States. This chapter shall likewise become void and of no effect in respect to the estates of persons who die subsequent to the effective date of any judgment of the Supreme Court of the United States declaring said federal estate tax or said credit unconstitutional and void. If said credit in [said federal internal revenue code] THE INTERNAL REVENUE CODE OF 1986, OR ANY SUBSEQUENT CORRESPONDING INTERNAL REVENUE CODE OF THE UNITED STATES, AS FROM TIME TO TIME AMENDED is changed by the action of Congress, the tax imposed by the provisions of this chapter shall be so assessed as may be necessary to absorb the full amount of such changed credit.

Sec. 27. Subsection (2) of section 12-414 of the general statutes is repealed and the following is substituted in lieu thereof:

(2) On or before the last day of the month following each monthly or quarterly period, as the case may be, a return for the preceding period shall be filed with the commissioner in such form as the commissioner may prescribe. For purposes of the sales tax a return shall be filed by every seller. For purposes of the use tax a return shall be filed by every retailer engaged in business in the state and by every person purchasing services or tangible personal property, the storage, acceptance, consumption or other use of which is subject to the use tax, who has not paid the use tax due a retailer required to collect the tax, except that every person making such purchases for personal use or consumption in this state, and not for use or consumption in carrying on a trade, occupation, business or profession, need file only one use tax return covering purchases during a calendar year. Such return shall be filed and the tax due thereon paid on or before the [last] FIFTEENTH day of the FOURTH month succeeding the end of the calendar year for which such return is filed. Returns shall be signed by the person required to file the return or by his authorized agent but need not be verified by oath, provided a return required to be filed by a corporation shall be signed by an officer of such corporation.

Sec. 28. Section 12-578 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The executive director, with the advice and consent of the board, shall adopt regulations governing registration and the issuance and annual renewal of licenses and payment of annual nonrefundable application fees for the same in accordance with the following schedule:

[(a)] (1) Registration: [(1)] (A) Stable name, fifty dollars; [(2)] (B) partnership name, fifty dollars; [(3)] (C) colors, ten dollars; [(4)] (D) kennel name, fifty dollars.

[(b)] (2) Licenses: [(1)] (A) Owner, fifty dollars; [(2)] (B) trainer, fifty dollars; [(3)] (C) assistant trainer, fifty dollars; [(4)] (D) jockey, twenty dollars; [(5)] (E) jockey agent, for each jockey, fifty dollars; [(6)] (F) stable employees, including exercise boy, groom, stable foreman, hot walker, outrider, ten dollars; [(7)] (G) veterinarian, fifty dollars; [(8)] (H) jockey apprentice, twenty dollars; [(9)] (I) driver, fifty dollars; [(10)] (J) valet, ten dollars; [(11)] (K) blacksmith, ten dollars; [(12)] (L) plater, ten dollars; [(13)] (M) concessionaire, for each concession, two hundred dollars; [(14)] (N) concession employees, ten dollars; [(15)] (O) jai alai players, fifty dollars; [(16)] (P) officials and supervisors, fifty dollars; [(17)] (Q) pari-mutuel employees, twenty dollars; [(18)] (R) other personnel engaged in activities regulated under this chapter, ten dollars; [(19)] (S) vendor, for each contract, two hundred dollars; [(20)] (T) totalizator, for each contract, two hundred dollars; [(21)] (U) vendor and totalizator affiliates, for each contract of the vendor or totalizator, two hundred dollars.

[(c)] (b) Each applicant for a license under SUBDIVISION (2) OF subsection [(b)] (a) of this section shall be fingerprinted before such license is issued.

Sec. 29. Subdivision (10) of subsection (a) of section 12-701 of the general statutes is repealed and the following is substituted in lieu thereof:

(10) "Connecticut fiduciary adjustment" means the net positive or negative total of the following items relating to income, gain, loss or deduction of a trust or estate: (A) There shall be added together [(A)] (i) any interest income from obligations issued by or on behalf of any state, political subdivision thereof, or public instrumentality, state or local authority, district or similar public entity, exclusive of such income from obligations issued by or on behalf of the state of Connecticut, any political subdivision thereof, or public instrumentality, state or local authority, district or similar public entity created under the laws of the state of Connecticut and exclusive of any such income with respect to which taxation by any state is prohibited by federal law, [(B)] (ii) any exempt-interest dividends, as defined in Section 852 (b) (5) of the Internal Revenue Code, exclusive of such exempt-interest dividends derived from obligations issued by or on behalf of the state of Connecticut, any political subdivision thereof, or public instrumentality, state or local authority, district or similar public entity created under the laws of the state of Connecticut and exclusive of such exempt-interest dividends derived from obligations, the income with respect to which taxation by any state is prohibited by federal law, [(C)] (iii) any interest or dividend income on obligations or securities of any authority, commission or instrumentality of the United States which federal law exempts from federal income tax but does not exempt from state income taxes, [(D)] (iv) to the extent properly includable in determining the net gain or loss from the sale or other disposition of capital assets for federal income tax purposes, any loss from the sale or exchange of obligations issued by or on behalf of the state of Connecticut, any political subdivision thereof, or public instrumentality, state or local authority, district or similar public entity created under the laws of the state of Connecticut, in the income year such loss was recognized, [(E)] (v) to the extent deductible in determining federal taxable income prior to deductions relating to distributions to beneficiaries, any income taxes imposed by this state, [(F)] (vi) to the extent deductible in determining federal taxable income prior to deductions relating to distributions to beneficiaries, any interest on indebtedness incurred or continued to purchase or carry obligations or securities the interest on which is exempt from tax under this chapter, and [(G)] (vii) expenses paid or incurred during the taxable year for [(i)] the production or collection of income which is exempt from tax under this chapter, or [(ii)] the management, conservation or maintenance of property held for the production of such income, and the amortizable bond premium for the taxable year on any bond the interest on which is exempt from taxation under this chapter, to the extent that such expenses and premiums are deductible in determining federal taxable income prior to deductions relating to distributions to beneficiaries. (B) There shall be subtracted from the sum of such items [(a)] (i) to the extent properly includable in gross income for federal income tax purposes, any income with respect to which taxation by any state is prohibited by federal law, [(b)] (ii) to the extent allowable under section 12-718, exempt dividends paid by a regulated investment company, [(c)] (iii) with respect to any trust or estate which is a shareholder of an S corporation which is carrying on, or which has the right to carry on, business in this state, as said term is used in section 12-214, the amount of such shareholder's pro rata share of such corporation's nonseparately computed items, as defined in Section 1366 of the Internal Revenue Code, multiplied by such corporation's apportionment fraction, if any, as determined in accordance with section 12-218, [(d)] (iv) to the extent properly includable in gross income for federal income tax purposes, any interest income from obligations issued by or on behalf of the state of Connecticut, any political subdivision thereof, or public instrumentality, state or local authority, district or similar public entity created under the laws of the state of Connecticut, [(e)] (v) to the extent properly includable in determining the net gain or loss from the sale or other disposition of capital assets for federal income tax purposes, any gain from the sale or exchange of obligations issued by or on behalf of the state of Connecticut, any political subdivision thereof, or public instrumentality, state or local authority, district or similar public entity created under the laws of the state of Connecticut, in the income year such gain was recognized, [(f)] (vi) any interest on indebtedness incurred or continued to purchase or carry obligations or securities the interest on which is subject to tax under this chapter, but exempt from federal income tax, to the extent that such interest on indebtedness is not deductible in determining federal taxable income prior to deductions relating to distributions to beneficiaries and [(g)] (vii) ordinary and necessary expenses paid or incurred during the taxable year for the production or collection of income which is subject to taxation under this chapter, but exempt from federal income tax, or the management, conservation or maintenance of property held for the production of such income, and the amortizable bond premium for the taxable year on any bond the interest on which is subject to tax under this chapter, but exempt from federal income tax, to the extent that such expenses and premiums are not deductible in determining federal taxable income prior to deductions relating to distributions to beneficiaries.

Sec. 30. Subdivision (28) of subsection (a) of section 12-701 of the general statutes is repealed and the following is substituted in lieu thereof:

(28) "Adjusted federal tentative minimum tax" of a trust or estate means its federal tentative minimum tax or, in the case of a trust or estate whose Connecticut taxable income includes modifications described in subparagraph [(A), (B), (D), (E), (F) or (G)] (A)(i), (A)(ii), (A)(iv), (A)(v), (A)(vi) OR (A)(vii) of subdivision (10) of subsection (a) of this section or subparagraph [(A), (B), (C), (D), (E), (F) or (G)] (B)(i), (B)(ii), (B)(iii), (B)(iv), (B)(v), (B)(vi) OR (B)(vii) of subdivision (10) of subsection (a) of this section, the amount that would have been the federal tentative minimum tax if such tax were calculated by including, to the extent not includable in federal alternative minimum taxable income, the modifications described in subparagraph [(A), (B), (D), (E), (F) or (G)] (A)(i), (A)(ii), (A)(iv), (A)(v), (A)(vi) OR (A)(vii) of subdivision (10) of subsection (a) of this section, by excluding, to the extent includable in federal alternative minimum taxable income, the modifications described in subparagraph [(A), (B), (C), (D), (E), (F) or (G)] (B)(i), (B)(ii), (B)(iii), (B)(iv), (B)(v), (B)(vi) OR (B)(vii) of subdivision (10) of subsection (a) of this section, and by excluding, to the extent includable in federal alternative minimum taxable income, the amount of any interest income or exempt-interest dividends, as defined in Section 852(b)(5) of the Internal Revenue Code, from obligations that are issued by or on behalf of the state of Connecticut, any political subdivision thereof, or public instrumentality, state or local authority, district, or similar public entity that is created under the laws of the state of Connecticut, or from obligations that are issued by or on behalf of any territory or possession of the United States, any political subdivision of such territory or possession, or public instrumentality, authority, district or similar public entity of such territory of possession, the income with respect to which taxation by any state is prohibited by federal law. If such trust or estate is itself a beneficiary of a trust or estate, then, for purposes of calculating its adjusted federal alternative minimum tax, its federal alternative minimum taxable income shall also be increased or decreased, as the case may be, by the net amount of such trust or estate's proportionate share of the Connecticut fiduciary adjustment relating to modifications that are described, to the extent not includable in federal alternative minimum taxable income, in subparagraph [(A), (B), (D), (E), (F) or (G)] (A)(i), (A)(ii), (A)(iv), (A)(v), (A)(vi) OR (A)(vii) of subdivision (10) of subsection (a) of this section or to the extent includable in federal alternative minimum taxable income, subparagraph [(A), (B), (C), (D), (E), (F) or (G)] (B)(i), (B)(ii), (B)(iii), (B)(iv), (B)(v), (B)(vi) OR (B)(vii) of subdivision (10) of subsection (a) of this section.

Sec. 31. Subdivision (31) of subsection (a) of section 12-701 of the general statutes is repealed and the following is substituted in lieu thereof:

(31) "Adjusted federal alternative minimum taxable income" of a trust or estate means its federal alternative minimum taxable income or, in the case of a trust or estate whose Connecticut taxable income includes modifications described in subparagraph [(A), (B), (D), (E), (F) or (G)] (A)(i), (A)(ii), (A)(iv), (A)(v), (A)(vi), OR (A)(vii) of subdivision (10) of subsection (a) of this section or subparagraph [(A), (B), (C), (D), (E), (F) or (G)] (B)(i), (B)(ii), (B)(iii), (B)(iv), (B)(v), (B)(vi) OR (B)(vii) of subdivision (10) of subsection (a) of this section, the amount that would have been the federal alternative minimum taxable income if such amount were calculated by including, to the extent not includable in federal alternative minimum taxable income, the modifications described in subparagraph [(A), (B), (D), (E), (F) or (G)] (A)(i), (A)(ii), (A)(iv), (A)(v), (A)(vi) OR (A)(vii) of subdivision (10) of subsection (a) of this section, by excluding, to the extent includable in federal alternative minimum taxable income, the modifications described in subparagraph [(A), (B), (C), (D), (E), (F) or (G)] (B)(i), (B)(ii), (B)(iii), (B)(iv), (B)(v), (B)(vi) OR (B)(vii) of subdivision (10) of subsection (a) of this section, and by excluding, to the extent includable in federal alternative minimum taxable income, the amount of any interest income or exempt-interest dividends, as defined in Section 852(b)(5) of the Internal Revenue Code, from obligations that are issued by or on behalf of the state of Connecticut, any political subdivision thereof, or public instrumentality, state or local authority, district, or similar public entity that is created under the laws of the state of Connecticut, or from obligations that are issued by or on behalf of any territory or possession of the United States, any political subdivision of such territory or possession, or public instrumentality, authority, district or similar public entity of such territory of possession, the income with respect to which taxation by any state is prohibited by federal law. If such trust or estate is itself a beneficiary of a trust or estate, then, for purposes of calculating its adjusted federal alternative minimum taxable income, its federal alternative minimum taxable income shall also be increased or decreased, as the case may be, by the net amount of such trust or estate's proportionate share of the Connecticut fiduciary adjustment relating to modifications that are described, to the extent not includable in federal alternative minimum taxable income, in subparagraph [(A), (B), (D), (E), (F) or (G)] (A)(i), (A)(ii), (A)(iv), (A)(v), (A)(vi) OR (A)(vii) of subdivision (10) of subsection (a) of this section, or to the extent includable in federal alternative minimum taxable income, subparagraph [(A), (B), (C), (D), (E), (F) or (G)] (B)(i), (B)(ii), (B)(iii), (B)(iv), (B)(v), (B)(vi) OR (B)(vii) of subdivision (10) of subsection (a) of this section.

Sec. 32. Section 13a-14 of the general statutes is repealed and the following is substituted in lieu thereof:

There shall be a system of state highways which shall include [(a)] (1) state primary highways, which are highways serving the predominant flow of traffic between the principal towns of this state and between such towns and similar towns of the surrounding states; [(b)] (2) state secondary highways, which are connecting and feeder highways which supplement the state primary system by serving the predominant flow of traffic between the smaller towns of the state and between such towns and other towns in this state and in surrounding states; and [(c)] (3) state special service highways, which are highways which provide access from the primary and secondary systems of state highways to federal and state facilities.

Sec. 33. Section 13a-206 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) As used in this section: [, the] (1) THE term "additional expressway bond" means any expressway bond other than [(1)] (A)m such obligations, each referred to in the 1954 declaration as "Greenwich-Killingly Expressway Bond", as may be authenticated and delivered under and pursuant to section 209 and section 210 of the 1954 declaration, and [(2)] (B) such obligations, each referred to in the 1954 declaration as "Additional Greenwich-Killingly Expressway Bond", as may be authenticated and delivered under and pursuant to section 213 and section 214, and either section 215 or section 216, of the 1954 declaration, and [(3)] (C) expressway bonds issued or delivered for the purpose of refunding any of the aforesaid obligations referred to in the 1954 declaration as a "Greenwich-Killingly Expressway Bond" or "Additional Greenwich-Killingly Expressway Bond"; (2) the term "fiscal year" means a period of twelve calendar months ending with June thirtieth of any year; (3)m the term "bond service charge" means, as of any particular date of computation and for or with respect to a particular calendar year and with respect to any particular bonds, an amount of money equal to the aggregate of [(1)] (A) all interest payable during the period of one year beginning with January third of such calendar year on all of said bonds outstanding on said date of computation, plus [(2)] (B) the principal amount of all said bonds outstanding on said date of computation which mature during said period of one year beginning with January third of such calendar year all calculated on the assumption that said bonds will be paid when due and will after said date of computation cease to be outstanding by reason, but only by reason, of the payment of said bonds at their respective maturity dates; [,] and (4) the term "gas tax receipts" means, as of any particular date of computation, the sum of money, if any, obtained by subtracting [(1)] (A) the aggregate amount of refunds, if any, made by or on behalf of the state during the fiscal year next last closed with respect to or on account of motor fuel taxes from [(2)] B) the aggregate amount of motor fuel taxes paid to the Treasurer or other officer of the state during said fiscal year, except that, if on said date of computation the rate per gallon or other unit of any of such motor fuel taxes is different from any such rate in effect during any part or parts of said fiscal year or is greater than four cents, then, before computing said aggregate amount of motor fuel taxes paid during said fiscal year, the amount of motor fuel taxes paid to the Treasurer or other officer of the state during each part of said fiscal year shall be adjusted to the amount obtained by multiplying said amount paid during such part of said fiscal year by the fraction of which said rate on said date of computation is the numerator and said rate in effect during such part of said fiscal year is the denominator; provided the numerator of said fraction shall not, in any event, exceed four cents unless the state, by act of the General Assembly, has pledged to and agreed with the holders of bonds issued pursuant to sections 13a-199 to 13a-220, inclusive, that it will not reduce or diminish said greater rate in effect on said date of computation until such bonds, together with interest thereon, with interest on any unpaid installment of interest and all costs and expenses in connection with any action or proceedings by or on behalf of such holders, are fully met and discharged or unless expressly permitted by the terms of each contract and agreement made or entered into by or on behalf of the state with or for the benefit of such holders.

(b) No additional expressway bonds shall be issued pursuant to said sections 13a-199 to 13a-220, inclusive, unless (1) they are part of an issue described in a statement, signed and certified to be correct at the date of issuance of such bonds by the Treasurer and filed in the office of the Secretary of the State, which sets forth [(i)] (A) the principal amount and maturities, and the rate or rates of interest borne by, the bonds of such issue, [(ii)] (B) the bond service charge as of said date with respect to the bonds of such issue for the then current and each future calendar year, [(iii)] (C) the bond service charge as of said date with respect to all other additional expressway bonds for the then current and each future calendar year, and [(iv)] (D) the gas tax receipts as of said date, and (2) the aggregate of the bond service charges set forth in said statement for the then current or any future calendar year shall not, in any instance or with respect to any such calendar year, exceed one-half of the amount of the gas tax receipts set forth in said certificate.

Sec. 34. Section 13b-215 of the general statutes is repealed and the following is substituted in lieu thereof:

When it appears to the [Commission] COMMISSIONER of Transportation, by the written complaint of any railroad company, or a majority of the selectmen of any town through which any railroad passes, that the business connections of any connecting railroad are not convenient and reasonable for the accommodation of the inhabitants on the line of such road, the commissioner shall forthwith cause a notice to be given to all parties interested, specifying the time and place of hearing such complaint; and, if, on such hearing, good and sufficient cause is found to exist, he shall make such regulations concerning such accommodation as he deems proper. Each company neglecting to comply with such regulations shall forfeit to the state twenty-five dollars for each day of such neglect.

Sec. 35. Section 13b-300 of the general statutes is repealed and the following is substituted in lieu thereof:

[Said] THE Commissioner of Transportation shall make special investigation as to the condition of the fences on the line of any railroad, when so requested in writing, and, if he deems it necessary, shall issue his order directing the company operating such railroad to erect or repair such fences. Such order shall specify the place or places at which, the manner in which and the time within which the fences are to be erected or repaired and shall be served upon the company. Such service may be made by mailing a registered or certified letter addressed to the secretary of the company.

Sec. 36. Section 14-3 of the general statutes is repealed and the following is substituted in lieu thereof:

[Said] THE commissioner OF MOTOR VEHICLES shall enforce the provisions of the statutes concerning motor vehicles and the operators of such vehicles. He shall administer, coordinate and control the operations of the department and shall be responsible for the overall supervision and direction of all facilities and activities of the department. He shall have the authority to contract for such services, programs and facilities other than the purchase or lease of real property as may be necessary to carry out his responsibilities under and for the orderly administration of this chapter and chapters 247 to 255, inclusive. He may retain and employ consultants and assistants on a contract or other basis for rendering professional, fiscal, engineering, technical or other assistance and advice. He shall submit to the Governor an annual report of his official acts, as provided in section 4-60. Said commissioner shall keep a record of proceedings and orders pertaining to the matters under his jurisdiction and of all licenses and certificates granted, refused, suspended or revoked by him and of all reports sent to his office. The commissioner shall furnish without charge, for official use only, certified copies of certificates and licenses and documents relating thereto to officials of the state or any municipality therein, to officials of any other state or to any court in this state. Any certified copy of any document or record of the commissioner, attested as a true copy by the commissioner, any deputy commissioner or chief of a division, shall be competent evidence in any court of this state of the facts therein contained.

Sec. 37. Section 14-4 of the general statutes is repealed and the following is substituted in lieu thereof:

[Said] THE commissioner OF MOTOR VEHICLES may, upon his initiative and after notice and hearing, make a finding of fact and issue a ruling thereon concerning any misfeasance or nonfeasance on the part of any officer for failure to enforce or for improperly enforcing any provision of this chapter relating to motor vehicles. Upon the presentation of such finding to him, the state's attorney of the judicial district wherein lies the jurisdiction of the accused shall apply to the superior court for said judicial district for a bench warrant for such accused. Such finding shall be prima facie evidence of a violation of official duty by the person named therein, and, upon conviction thereof, such officer shall be fined not more than five hundred dollars.

Sec. 38. Section 14-7 of the general statutes is repealed and the following is substituted in lieu thereof:

[Said] THE commissioner OF MOTOR VEHICLES may, as provided in section 4-8, appoint not more than three deputy commissioners of motor vehicles, who shall, under the direction of the commissioner, assist in the administration of the business of the department, and, when so directed by said commissioner, shall hear and determine questions that may come before the department.

Sec. 39. Subsection (b) of section 14-29 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) (1) The amount of insurance or of such bond which each such vehicle owner or lessee shall carry as insurance or indemnity against claims for personal injury or death shall be not less than [(1)] (A) fifty thousand dollars for one person subject to that limit per person; [(2)] (B) for all persons in any one accident where the carrying capacity is seven passengers or less, one hundred thousand dollars; [(3)] C) eight to twelve passengers, inclusive, one hundred fifty thousand dollars; [(4)] (D) thirteen to twenty passengers, inclusive, two hundred thousand dollars; [(5)] (E) twenty-one to thirty passengers, inclusive, two hundred fifty thousand dollars; and [(6)] (F) thirty-one passengers or more, three hundred thousand dollars; and such policy or such bond shall indemnify the insured against legal liability resulting from damage to the property of passengers or of others to the amount of ten thousand dollars.

(2) In lieu of the foregoing, a single limit of liability shall be allowed as insurance or indemnity against claims for personal injury or death and legal liability resulting from damage to the property of passengers or of others for any one accident [(1)] (A) where the carrying capacity is seven passengers or less, not less than one hundred thousand dollars; [(2)] (B) eight to twelve passengers, inclusive, not less than one hundred fifty thousand dollars; [(3)] (C) thirteen to twenty passengers, inclusive, not less than two hundred thousand dollars; [(4)](D) twenty-one to thirty passengers, inclusive, not less than two hundred fifty thousand dollars; and [(5)] (E) thirty-one passengers or more, not less than three hundred thousand dollars. The provisions of this subsection shall not apply to [(A)] (i) a municipality which the commissioner has found to have sufficient financial responsibility to meet legal liability for damages as provided in subsection (a) of this section or [(B)] (ii) the owner or lessees of any such motor vehicle holding a certificate of public convenience and necessity issued by the Department of Transportation, whom the department has found to be of sufficient financial responsibility to meet legal liability for damages as provided in subsection (a).

Sec. 40. Section 14-46a of the general statutes is repealed and the following is substituted in lieu thereof:

As used in sections 14-46b to 14-46g, inclusive, "board" means the Motor Vehicle [Operator] OPERATOR'S License Medical Advisory Board established under section 14-46b, "commissioner" means the Commissioner of Motor Vehicles, and "department" means the Department of Motor Vehicles.

Sec. 41. Section 14-140 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any person who has been arrested by an officer for a violation of any provision of any statute relating to motor vehicles may be released, upon his own recognizance, by such officer in his discretion, unless such violation is of a provision relating to driving while [intoxicated or] under the influence of INTOXICATING LIQUOR OR drugs or using a motor vehicle without permission of the owner or evading responsibility for personal injury or property damage or involves the death or serious injury of another, in which cases such person shall not be released on his own recognizance.

(b) If any person so arrested or summoned wilfully fails to appear for any scheduled court appearance at the time and place assigned, or if any person charged with an infraction involving the use of a motor vehicle, or with a motor vehicle violation specified in section 51-164n, fails to pay the fine and any additional fee imposed or send in his plea of not guilty by the answer date or wilfully fails to appear for any scheduled court appearance which may be required, a report of such failure shall be sent to the commissioner by the court having jurisdiction. The provisions of this section shall be extended to any nonresident owner or operator of a motor vehicle residing in any state, the proper authorities of which agree with the commissioner to revoke, until personal appearance to answer the charge against him, his motor vehicle registration certificate or operator's license, upon his failure to appear for [trial] ANY SCHEDULED COURT APPEARANCE.

(c) The commissioner may enter into reciprocal agreements with the proper authorities of other states, which agreements may include provisions for the suspension or revocation of licenses and registrations of residents and nonresidents who fail to appear for trial at the time and place assigned.

(d) Any judgment under this section shall be opened upon the payment to the clerk of the Superior Court of a fee of forty dollars. Such filing fee may be waived by the court.

(e) In addition, the provisions of subsection (b) of this section shall apply to sections [13b-410a to 13b-410c, inclusive,] 29-322, 29-332, 29-339, 29-349 and 29-351.

Sec. 42. Subsection (c) of section 14-240 of the general statutes is repealed and the following is substituted in lieu thereof:

(c) Motor vehicles being driven upon any highway in a caravan shall be so operated as to allow sufficient space between such vehicles or combination of vehicles to enable any other vehicle to enter and occupy such space without danger. [This provision] THE PROVISIONS OF THIS SUBSECTION shall not apply to funeral processions or to motor vehicles under official escort or traveling under a special permit.

Sec. 43. Subsection (b) of section 14-286d of the general statutes is repealed and the following is substituted in lieu thereof:

(b) No child under twelve years of age shall operate a bicycle on the traveled portion of any highway unless such child is wearing protective headgear which conforms to the minimum specifications established by the American National Standards Institute OR THE SNELL MEMORIAL FOUNDATION'S STANDARD FOR PROTECTIVE HEADGEAR FOR USE IN BICYCLING. Failure to comply with this section shall not be a violation or an offense. Failure to wear protective headgear as required by this subsection shall not be considered to be contributory negligence on the part of the parent or the child nor shall such failure be admissible in any civil action.

Sec. 44. Subsections (a) and (b) of section 16-19cc of the general statutes are repealed and the following is substituted in lieu thereof:

(a) Every electric public service company, as defined by section 16-1, which owns a five per cent or larger share of a nuclear generating facility shall file with the Department of Public Utility Control and the [Division] OFFICE of Consumer Counsel, semiannually, on April first and October first, a report on the projected availability, maintenance, refueling and shutdown schedules, for the next twelve-month period, of all generating facilities over one hundred megawatts of capacity of each electric public service company and any generating facilities which are part of the New England Power Pool.

(b) The Department of Public Utility Control shall hold a hearing at the end of each calendar quarter in which fifty per cent or more of an electric public service company's nuclear generating capacity has been out of service for a significant period of time. If the department finds that the electric public service company has not fulfilled its public service responsibilities under [titles 16] THIS TITLE and TITLE 16a, then the department, in its discretion, may prohibit the electric public service company from recovering, directly or indirectly, all or any portion of the costs associated with the purchase of electricity from other sources through its rates or charges.

Sec. 45. Section 17a-94 of the general statutes is repealed and the following is substituted in lieu thereof:

The commissioner OF CHILDREN AND FAMILIES may establish, maintain and operate, throughout the state, at such locations as he finds suitable, receiving homes for children in his guardianship or care. For such purposes he may purchase, lease, hold, sell or convey real and personal property, subject to the provisions of section 4b-21, and contract for the operation and maintenance of such receiving homes with any nonprofit group or organization. Said contract may include administrative, managerial and custodial services. The expense of obtaining and maintaining the same shall be paid out of the appropriation for the Department of Children and Families. The commissioner may, subject to the provisions of chapter 67, appoint such supervisory and other personnel as he finds necessary for the management of such homes. The maximum charge to be made for care of children in such homes shall be the same as the charge for care of patients in state humane institutions.

Sec. 46. Section 17a-96 of the general statutes is repealed and the following is substituted in lieu thereof:

The institutions having custody of such children and the agencies and persons licensed by authority of sections 17a-90 to 17a-124, inclusive, 17a-145 to 17a-155, inclusive, 17a-175 to 17a-182, inclusive, 17a-185 and 46b-151 to 46b-151g, inclusive, shall make such reports to [said] THE commissioner OF CHILDREN AND FAMILIES at such reasonable times and in such form and covering such data as [said] THE commissioner directs. The commissioner and his deputy and agents shall supervise the placing of such children in foster homes. [Said] THE commissioner may place children who have not been properly placed in homes suitable for their care and protection. In placing any child in a foster home, [said] THE commissioner shall, if practicable, select a home of like religious faith to that of the parent or parents of such child, if such faith is known or ascertainable by the exercise of reasonable care.

Sec. 47. Subsection (f) of section 17a-543 of the general statutes, as amended by section 48 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(f) If it is determined by the head of the hospital and two qualified physicians that (1) a patient is capable of giving informed consent but refuses to consent to medication for treatment of such patient's psychiatric disabilities, (2) there is no less intrusive beneficial treatment and (3) without medication, the psychiatric disabilities with which the patient has been diagnosed will continue unabated, and places the patient or others in direct threat of harm, as defined in subsection [(h)] (l) of section 17a-540, the facility may utilize the procedures established in subsection (d) of this section and may apply to the Court of Probate to authorize the administration to the patient of medication for the treatment of the patient's psychiatric disabilities, despite the refusal of the patient to consent to such medication.

Sec. 48. Section 17b-681 of the general statutes is repealed and the following is substituted in lieu thereof:

The Departments of Higher Education, Education [,] AND Economic and Community Development and THE Labor DEPARTMENT shall, within available appropriations, prepare and provide to the Department of Social Services information on available education, employment and training programs. Such information shall include, but not be limited to, a description and location of (1) adult basic education and high school equivalency programs, (2) English as a second language programs, (3) programs available under the federal Job Training Partnership Act, (4) apprenticeships, (5) displaced homemaker programs, (6) adult and bilingual vocational training programs in state regional vocational-technical schools or local or regional high schools, (7) state job service, (8) programs in regional community-technical colleges, (9) programs designed to train women for nontraditional jobs, (10) other job training or placement programs, and (11) tuition assistance and scholarship programs. The Department of Social Services shall ensure that such information, as appropriate, is provided to AFDC applicants and registrants. The Department of Social Services shall also provide all AFDC applicants with information concerning services available to them through the JOBS program.

Sec. 49. Subsection (b) of section 17b-683 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) The Department of Social Services shall develop with appropriate agencies, including but not limited to the state Departments of Education [,] AND Higher Education and THE Labor DEPARTMENT, such interagency agreements as are deemed necessary to ensure referral to and provision of available employment, education and training resources necessary to assist AFDC recipients to achieve unsubsidized employment. Such resources shall include, but not be limited to, adult basic education, English as a second language; vocational education, including training in skilled craft and technical trades, bilingual vocational training, apprenticeship, two-year training in community and technical college programs for occupations for which there is a high potential for employment; employment and training opportunities afforded under the Job Training Partnership Act and other opportunities for on-the-job training in the private sector. The department shall provide information to all appropriate JOBS staff concerning the availability of education and training opportunities in the state for participants in the JOBS program. In addition, the Department of Social Services shall coordinate with public and private employers to ensure that AFDC recipients are being prepared to meet existing and projected labor needs of the state and that job-ready participants are successfully placed in unsubsidized jobs.

Sec. 50. Subsection (b) of section 17b-685 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) The Commissioner of Social Services shall establish a JOBS advisory committee composed of representatives of the [Departments] DEPARTMENT of Education and THE Labor DEPARTMENT, a representative of a community-based employment and training program, a representative of a child advocacy organization, a representative of legal services, a former or current recipient of AFDC and any other representatives designated by the commissioner of social services. The committee shall advise the commissioner on the operation of the JOBS program and shall make suggestions for improving said program.

Sec. 51. Section 17b-693 of the general statutes is repealed and the following is substituted in lieu thereof:

There is established an interagency council to develop and maintain coordinated employability and employment services for recipients of general assistance under sections 17b-19, 17b-63 to 17b-65, inclusive, 17b-115 to 17b-138, inclusive, 17b-220 to 17b-250, inclusive, 17b-256, 17b-259, 17b-263, 17b-287, 17b-340 to 17b-350, inclusive, 17b-689 to 17b-693, inclusive, and 17b-743 to 17b-747, inclusive. The council shall consist of the LABOR COMMISSIONER AND THE Commissioners of Social Services, [Labor,] Economic and Community Development, Transportation, Public Works and Education or their designees.

Sec. 52. Subsection (e) of section 17b-853 of the general statutes is repealed and the following is substituted in lieu thereof:

(e) The Commissioner of Social Services shall at least once each fiscal year conduct an inquiry into the operations and administration of each grantee which has received financial assistance under this section or which has an application pending for such assistance. The cooperation of the grantee in such inquiry shall be a prerequisite to the further provision of financial assistance under this section. [The commissioner shall report his findings to the advisory council on community affairs.]

Sec. 53. Section 18-87 of the general statutes is repealed and the following is substituted in lieu thereof:

The Commissioner of Correction may transfer any inmate of any of the institutions of the Department of Correction to any other appropriate state institution with the concurrence of the superintendent of such institution or to the Department of Children and Families when the Commissioner of Correction finds that the welfare or health of the inmate requires it. When an inmate, after the expiration of his sentence, is committed to or otherwise remains in the institution to which he was transferred, the expense of his treatment and support shall be paid as provided by sections 17b-19, 17b-63 to 17b-65, inclusive, 17b-115 to 17b-138, inclusive, 17b-220 to 17b-250, inclusive, 17b-256, 17b-259, 17b-263, 17b-287, 17b-340 to 17b-350, inclusive, 17b-689 to 17b-693, inclusive, and 17b-743 to 17b-747, inclusive. No transfer of any person who has attained the age of eighteen years shall be made to the Department of Children and Families, and no transfer of any person who has not attained the age of eighteen to the Department of Children and Families shall be made unless the Commissioner of Children and Families finds that such person would benefit from a transfer to the Department of Children and Families and agrees to accept such person and such person has given his written consent to such transfer. Such person transferred to the Department of Children and Families shall be deemed to be committed to the custody of the Commissioner of Children and Families. The Commissioner of Children and Families shall have the power to terminate the commitment and release such person at any time he determines such termination and release would be in [his] SUCH PERSON'S best interest, and shall have the power to return such person to the jurisdiction of the Commissioner of Correction. The transfer of any person under this section to the Department of Children and Families shall not result in the person so transferred being in the custody of the Commissioner of Correction and the Commissioner of Children and Families for a total of less than the minimum nor more than the maximum term he would have been in the custody of the Commissioner of Correction had he not been so transferred.

Sec. 54. Subsection (a) of section 18-99a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Correction may establish a school district within the [state] Department of Correction for the education or assistance of any person sentenced or transferred to any institution of the department until released from its control, including but not limited to any person on parole. The school district shall be known as State of Connecticut-Unified School District #1.

Sec. 55. Subsection (a) of section 19a-87b of the general statutes, as amended by sections 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(a) No person, group of persons, association, organization, corporation, institution or agency, public or private, shall maintain a family day care home, as defined in section 19a-77, without a license issued by the Commissioner of Public Health. Licensure forms shall be obtained from the Department of Public Health. Applications for licensure shall be made to the Commissioner of Public Health on forms provided by the department and shall contain the information required by regulations adopted under this section. The licensure and application forms shall contain a notice that false statements made therein are punishable in accordance with section [53a-157] 53a-157b. Applicants shall state, in writing, that they are in compliance with the regulations adopted by the Commissioner of Public Health pursuant to subsection (b) of this section. Before a family day care home license is granted, the department shall make an inquiry and investigation which shall include a visit and inspection of the premises for which the license is requested. Any inspection conducted by the department shall include an inspection for evident sources of lead poisoning. The department shall provide for a chemical analysis of any paint chips found on such premises. The commissioner shall not require an annual inspection for homes seeking license renewal or for licensed homes except that the commissioner shall make unannounced visits, during customary business hours, to at least thirty-three and one-third per cent of the licensed family day care homes each year. A licensed family day care home shall not be subject to any conditions on the operation of such home by local officials, other than those imposed by the department pursuant to this subsection, if the home complies with all local codes and ordinances applicable to single and multifamily dwellings.

Sec. 56. Section 19a-175 of the general statutes is repealed and the following is substituted in lieu thereof:

As used in this chapter:

[(a)] (1) "Emergency medical service system" means a system which provides for the arrangement of personnel, facilities, and equipment for the efficient, effective and coordinated delivery of health care services under emergency conditions;

[(b)] (2) "Patient" means an injured, ill, crippled or physically handicapped person requiring assistance and transportation;

[(c)] (3) "Ambulance" means a motor vehicle specifically designed to carry patients;

[(d)] (4) "Ambulance service" means an organization which transports patients;

[(e)] (5) "Emergency medical technician" means an individual who has successfully completed the training requirements established by the Commissioner of Public Health and has been certified by the Department of Public Health;

[(f)] (6) "Ambulance driver" means a person whose primary function is driving an ambulance;

[(g)] (7) "Emergency medical technician instructor" means a person who is certified by the Department of Public Health to teach courses, the completion of which are required in order to become an emergency medical technician;

[(h)] (8)m "Communications facility" means any facility housing the personnel and equipment for handling the emergency communications needs of a particular geographic area;

[(i)] (9) "Life saving equipment" means equipment used by emergency medical personnel for the stabilization and treatment of patients;

[(j)] (10) "Emergency medical service organization" means any organization whether public, private or voluntary which offers transportation or treatment services to patients under emergency conditions;

[(k)] (11) "Invalid coach" means a vehicle used exclusively for the transportation of nonambulatory patients, who are not confined to stretchers, to or from either a medical facility or the patient's home in nonemergency situations or utilized in emergency situations as a backup vehicle when insufficient emergency vehicles exist;

[(l)] (12) "Rescue service" means any organization, whether profit or nonprofit, whose primary purpose is to search for persons who have become lost or to render emergency service to persons who are in dangerous or perilous circumstances;

[(m)] (13) "Provider" means any person, corporation or organization, whether profit or nonprofit, whose primary purpose is to deliver medical care or services, including such related medical care services as ambulance transportation;

[(n)] (14)m "Commissioner" means the Commissioner of Public Health acting through the Office of Emergency Medical Services;

[(o)] (15)m "Paramedic" means a person who has been certified by the Department of Public Health, pursuant to the regulations adopted by said department, as an emergency medical technician II;

[(p)] (16) "Commercial ambulance service" means an ambulance service which primarily operates for profit;

[(q)] (17) "Licensed ambulance service" means a commercial ambulance service issued a license by the Office of Emergency Medical Services or any volunteer or municipal ambulance service issued a license by the Office of Emergency Medical Services prior to July 1, 1981;

[(r)] (18) "Certified ambulance services" means a municipal or volunteer ambulance service issued a certificate by the Office of Emergency Medical Services; and

[(s)] (19)m "Management service" means an organization which provides emergency medical technicians or paramedics to any entity including an ambulance service but does not include a commercial ambulance service or a volunteer or municipal ambulance service.

Sec. 57. Section 19a-202 of the general statutes, as amended by sections 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof:

Upon application to the Department of Public Health any municipal health department shall annually receive from the state an amount equal to fifty-two cents per capita, provided such municipality (1) employs a full-time director of health, except that if a vacancy exists in the office of director of health or the office is filled by an acting director for more than three months, such municipality shall not be eligible for funding unless the Commissioner of Public Health waives this requirement; (2) submits a public health program and budget which is approved by the Commissioner of Public Health; and (3) appropriates not less than one dollar per capita, from the annual tax receipts, for health department services. Such municipal department of health is authorized to use additional funds, which the Department of Public Health may secure from federal agencies or any other source and which it may allot to such municipal department of health. The money so received shall be disbursed upon warrants approved by the chief executive officer of such municipality. The Comptroller shall annually in July and upon a voucher of the Commissioner of Public Health, draw his order on the STATE Treasurer in favor of such municipal department of health for the amount due in accordance with the provisions of this section and under rules prescribed by said commissioner. Any moneys remaining unexpended at the end of a fiscal year shall be included in the budget of such municipal department of health for the ensuing year. This aid shall be rendered from appropriations made from time to time by the General Assembly to the Department of Public Health for this purpose.

Sec. 58. Section 19a-245 of the general statutes, as amended by sections 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof:

Upon application to the state Department of Public Health, each health district shall quarterly receive from the state an amount equal to forty-four and one-half cents per capita for each town, city and borough of such district which has a population of five thousand or less, and thirty-eight cents per capita for each town, city and borough of such district which has a population of more than five thousand, provided (1) the Commissioner of Public Health approves the public health program and budget of such health district and (2) the towns, cities and boroughs of such district appropriate for the maintenance of the health district not less than one dollar per capita from the annual tax receipts. Such district departments of health are authorized to use additional funds, which the Department of Public Health may secure from federal agencies or any other source and which it may allot to such district departments of health. The district treasurer shall disburse the money so received upon warrants approved by a majority of the board and signed by its chairman and secretary. The Comptroller shall quarterly, in July, October, January and April, upon application as aforesaid and upon the voucher of the Commissioner of Public Health, draw his order on the STATE Treasurer in favor of such district department of health for the amount due in accordance with the provisions hereof and under rules prescribed by said commissioner. Any moneys remaining unexpended at the end of a fiscal year shall be included in the budget of the district for the ensuing year. This aid shall be rendered from appropriations made from time to time by the General Assembly to the Department of Public Health for this purpose. Sec. 59. Section 19a-311 of the general statutes, as amended by sections 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof:

Such structure shall be erected under the supervision of an inspector to be appointed by [said] THE department OF PUBLIC HEALTH which shall determine the amount of his compensation, such compensation to be paid by the person erecting the same. No vault, crypt, niche, mausoleum, columbarium or structure, and no addition or alteration thereof, shall be used for the purpose of interring therein any body until the person, firm or corporation operating such structure has obtained from said department a certificate, signed by the Commissioner of Public Health, certifying that the plans and specifications filed pursuant to the provisions of section 19a-310 have been complied with, and that the requirements for a maintenance fund provided for in subsection (b) of section 19a-312 have been complied with, which certificate shall be filed in the office of the town clerk of the town wherein the community mausoleum is located, provided a columbarium which is used solely as a repository for the remains, after cremation of deceased persons and is located on the premises of any religious society or corporation shall not be subject to the provisions of this section.

Sec. 60. Section 19a-404 of the general statutes is repealed and the following is substituted in lieu thereof:

The Chief Medical Examiner shall be a citizen of the United States and a doctor of medicine licensed to practice medicine in Connecticut and shall have had a minimum of four years postgraduate training in pathology and such additional subsequent experience in forensic pathology as the commission may determine, provided any person otherwise qualified who is not licensed to so practice may be appointed Chief Medical Examiner, provided he shall obtain such a license within one year of his appointment. His term of office and annual salary shall be fixed by the commission and he may be removed by the commission only for cause. Under the direction of the commission, he shall prepare for transmission to the [director of the budget] SECRETARY OF THE OFFICE OF POLICY AND MANAGEMENT as required by law estimates of expenditure requirements. He shall account to the State Treasurer for all fees and moneys received and expended by him by virtue of his office. He may as part of his duties teach medical and law school classes, conduct special classes for police investigators and engage in other activities related to the work of his office to such extent and on such terms as may be authorized by the commission.

Sec. 61. Section 19a-405 of the general statutes is repealed and the following is substituted in lieu thereof:

The Chief Medical Examiner, with the approval of the commission, shall appoint a deputy who shall perform all the duties of the Chief Medical Examiner in case of his sickness or absence and such associate medical examiners, assistant medical examiners, pathologists, toxicologists, laboratory technicians and other professional staff as the commission may specify. The commission in advance of appointments shall specify the qualifications required for each position in terms of education, experience and other relevant considerations and shall submit recommendations concerning salaries and compensation of such professional staff to the Commissioner of Administrative Services. The Chief Medical Examiner, the Deputy Chief Medical Examiner, associate medical [examiner] EXAMINERS, and assistant medical [examiner] EXAMINERS shall take the oath provided by law for public officers. Other staff members as determined by the commission shall be appointed by the Chief Medical Examiner, subject to the provisions of chapter 67 and the rules of the commission not inconsistent therewith.

Sec. 62. Section 19a-406 of the general statutes, as amended by sections 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(a) The Chief Medical Examiner shall investigate all human deaths in the following categories: (1) Violent deaths, whether apparently homicidal, suicidal or accidental, including but not limited to deaths due to thermal, chemical, electrical or radiational injury and deaths due to criminal abortion, whether apparently self-induced or not; (2) sudden or unexpected deaths not caused by readily recognizable disease; (3) deaths under suspicious circumstances; (4) deaths of persons whose bodies are to be cremated, buried at sea or otherwise disposed of so as to be thereafter unavailable for examination; (5) deaths related to disease resulting from employment or to accident while employed; (6) deaths related to disease which might constitute a threat to public health. The Chief Medical Examiner may require autopsies in connection with deaths in the preceding categories when it appears warranted for proper investigation and, in the opinion of the Chief Medical Examiner, the Deputy Chief Medical Examiner, AN associate medical examiner or an authorized assistant medical examiner, an autopsy is necessary. The autopsy shall be performed at the Office of the Chief Medical Examiner or by a designated pathologist at a community hospital. Where indicated, the autopsy shall include toxicologic, histologic, microbiologic and serologic examinations. If a medical examiner has reason to suspect that a homicide has been committed, the autopsy shall be performed at the Office of the Chief Medical Examiner or by a designated pathologist in the presence of at least one other designated pathologist if such other pathologist is immediately available. A detailed description of the findings of all autopsies shall be written or dictated during their progress. The findings of the investigation at the scene of death, the autopsy and any toxicologic, histologic, serologic and microbiologic examinations and the conclusions drawn therefrom shall be filed in the Office of the Chief Medical Examiner.

(b) The Chief Medical Examiner shall designate pathologists who are certified by the Department of Public Health to perform autopsies in connection with the investigation of any deaths in the categories listed in subsection (a) of this section. Any state's attorney or assistant state's attorney shall have the right to require an autopsy by a pathologist so designated in any case in which there is a suspicion that death resulted from a criminal act. The official requiring said autopsy shall make a reasonable effort to notify whichever one of the following persons, eighteen years of age or older, assumes custody of the body for purposes of burial: Father, mother, husband, wife, child, guardian, next of kin, friend or any person charged by law with the responsibility for burial, that said autopsy has been required, however performance of said autopsy need not be delayed pending such notice.

(c) If there are no other circumstances which would appear to require an autopsy and if the investigation of the circumstances and examination of the body enable the Chief Medical Examiner, the Deputy Chief Medical Examiner, AN associate medical examiner or an authorized assistant medical examiner to conclude with reasonable certainty that death occurred from natural causes or obvious traumatic injury, the medical examiner in charge shall certify the cause of death and file a report of his findings in the Office of the Chief Medical Examiner.

Sec. 63. Section 19a-600 of the general statutes, as amended by section 7 of public act 95-116 and section 9 of public act 95-289, is repealed and the following is substituted in lieu thereof:

For the purposes of sections 19a-601 and 19a-602:

(1) "Counselor" means: (A) A psychiatrist, (B) a psychologist licensed under chapter 383, (C) clinical social worker licensed under chapter 383b, (D) a [marriage] MARITAL and family therapist licensed under chapter 383a, (E) an ordained member of the clergy, (F) a physician's assistant licensed under section 20-12b, (G) a nurse-midwife licensed under chapter 377, (H) a certified guidance counselor, (I) a registered professional nurse licensed under chapter 378, or (J) a practical nurse licensed under chapter 378. (2) "Minor" means a person who is less than sixteen years of age.

Sec. 64. Section 20-11b of the general statutes, as amended by sections 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(a) Each person licensed to practice medicine and surgery under the provisions of section 20-13 who provides direct patient care services shall maintain professional liability insurance or other indemnity against liability for professional malpractice. The amount of insurance which each such person shall carry as insurance or indemnity against claims for injury or death for professional malpractice shall not be less than five hundred thousand dollars for one person, per occurrence, with an aggregate of not less than one million five hundred thousand dollars.

(b) Each insurance company which issues professional liability insurance, as defined in subdivisions (1), (6), (7), (8) and (9) of subsection (b) of section 38a-393, shall on and after January 1, 1995, render to the Commissioner of Public Health a true record of the names AND ADDRESSES, according to classification, of cancellations of and refusals to renew professional liability insurance policies and the reasons for such cancellation or refusal to renew said policies for the year ending on the thirty-first day of December next preceding.

Sec. 65. Section 20-18b of the general statutes, as amended by sections 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(a) Each person licensed to practice osteopathy under the provisions of section 20-17 who provides direct patient care services shall maintain professional liability insurance or other indemnity against liability for professional malpractice. The amount of insurance which each such person shall carry as insurance or indemnity against claims for injury or death for professional malpractice shall not be less than five hundred thousand dollars for one person, per occurrence, with an aggregate of not less than one million five hundred thousand dollars.

(b) Each insurance company which issues professional liability insurance, as defined in subdivisions (1), (6), (7), (8) and (9) of subsection (b) of section 38a-393, shall on and after January 1, 1995, render to the Commissioner of Public Health a true record of the names AND ADDRESSES, according to classification, of cancellations of and refusals to renew professional liability insurance policies and the reasons for such cancellation or refusal to renew said policies for the year ending on the thirty-first day of December next preceding.

Sec. 66. Section 20-19 of the general statutes is repealed and the following is substituted in lieu thereof:

The secretary of the board shall file annually, in January, with [said] THE department OF PUBLIC HEALTH a list of osteopathic colleges, schools or institutions approved by the board, which list the board may revise from time to time.

Sec. 67. Section 20-28b of the general statutes, as amended by sections 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(a) Each person licensed to practice chiropractic under the provisions of section 20-27 who provides direct patient care services shall maintain professional liability insurance or other indemnity against liability for professional malpractice. The amount of insurance which each such person shall carry as insurance or indemnity against claims for injury or death for professional malpractice shall not be less than five hundred thousand dollars for one person, per occurrence, with an aggregate of not less than one million five hundred thousand dollars.

(b) Each insurance company which issues professional liability insurance, as defined in subdivisions (1), (6), (7), (8) and (9) of subsection (b) of section 38a-393, shall on and after January 1, 1995, render to the Commissioner of Public Health a true record of the names AND ADDRESSES, according to classification, of cancellations of and refusals to renew professional liability insurance policies and the reasons for such cancellation or refusal to renew said policies for the year ending on the thirty-first day of December next preceding.

Sec. 68. Section 20-39a of the general statutes, as amended by sections 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(a) Each person licensed to practice natureopathy under the provisions of section 20-37 who provides direct patient care services shall maintain professional liability insurance or other indemnity against liability for professional malpractice. The amount of insurance which each such person shall carry as insurance or indemnity against claims for injury or death for professional malpractice shall not be less than five hundred thousand dollars for one person, per occurrence, with an aggregate of not less than one million five hundred thousand dollars.

(b) Each insurance company which issues professional liability insurance, as defined in subdivisions (1), (6), (7), (8) and (9) of subsection (b) of section 38a-393, shall on and after January 1, 1995, render to the Commissioner of Public Health a true record of the names AND ADDRESSES, according to classification, of cancellations of and refusals to renew professional liability insurance policies and the reasons for such cancellation or refusal to renew said policies for the year ending on the thirty-first day of December next preceding.

Sec. 69. Section 20-58a of the general statutes, as amended by sections 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(a) Each person licensed to practice podiatric medicine under the provisions of section 20-54 or 20-57 who provides direct patient care services shall maintain professional liability insurance or other indemnity against liability for professional malpractice. The amount of insurance which each such person shall carry as insurance or indemnity against claims for injury or death for professional malpractice shall not be less than five hundred thousand dollars for one person, per occurrence, with an aggregate of not less than one million five hundred thousand dollars.

(b) Each insurance company which issues professional liability insurance, as defined in subdivisions (1), (6), (7), (8) and (9) of subsection (b) of section 38a-393, shall on and after January 1, 1995, render to the Commissioner of Public Health a true record of the names AND ADDRESSES, according to classification, of cancellations of and refusals to renew professional liability insurance policies and the reasons for such cancellation or refusal to renew said policies for the year ending on the thirty-first day of December next preceding.

Sec. 70. Section 20-68 of the general statutes, as amended by sections 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof:

[Said] THE board OF EXAMINERS FOR PHYSICAL THERAPISTS shall meet at least once during each calendar quarter and at such other times as the chairman deems necessary at a time and place to be designated by the board. [Said] THE department OF PUBLIC HEALTH shall administer the provisions of this chapter. The Commissioner of Public Health, with advice and assistance from the board, may adopt bylaws and regulations for the transaction of the business of the board and the management of its affairs and for the conduct of examinations. Three members of said board shall constitute a quorum and special meetings shall be called upon the request of any three members. The board shall keep a record of its proceedings under this chapter and of all persons licensed under the provisions of section 20-70 or 20-71. On request of said board, the Commissioner of Public Works shall provide a suitable room for its meetings. The place and time of examination shall be at the discretion of the department and held annually or more often as, in the discretion of the department, the need requires. Said board shall keep a list of all physical therapy schools which are approved by it, with the consent of the Commissioner of Public Health, as maintaining the standard for education in physical therapy as established by said board, with the consent of the Commissioner of Public Health. Members shall not be compensated for their services. Any member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from office. Minutes of all meetings shall be recorded by the board. No member shall participate in the affairs of the board during the pendency of any disciplinary proceedings by the board against such member. No professional member shall be an elected or appointed officer of a professional society of physical therapists or have been such an officer during the year immediately preceding his appointment. Said board shall (1) hear and decide matters concerning revocation or suspension of licensure, (2) adjudicate complaints against practitioners and (3) impose sanctions where appropriate.

Sec. 71. Subsection (b) of section 20-74o of the general statutes, as amended by section 5 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(b) The Department of Mental Health and Addiction Services shall issue a certificate to any person who applies to be certified as a substance abuse counselor and who proves to the satisfaction of the [commission] DEPARTMENT that: (1) He is currently certified by the Connecticut Alcoholism and Drug Abuse Counselor Certification Board; and (2) he meets such other criteria as the department shall prescribe by regulations adopted in accordance with chapter 54.

Sec. 72. Section 20-74p of the general statutes is repealed and the following is substituted in lieu thereof:

No person shall use the title "Connecticut certified substance abuse counselor" unless such person holds a current certificate issued by the [commission] DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES under the provisions of section 20-74o.

Sec. 73. Section 20-239 of the general statutes is repealed and the following is substituted in lieu thereof:

All licenses issued to master barbers by [said] THE department OF PUBLIC HEALTH shall expire in accordance with the provisions of section 19a-88. No person shall carry on the occupation of master barber after the expiration of his license until he has made application bearing the date of his insignia card to said department, accompanied by a fee of twenty-five dollars for the renewal of such license for one year. Such application shall be in writing, addressed to said department and signed by the person applying for such renewal.

Sec. 74. Section 21-59 of the general statutes is repealed and the following is substituted in lieu thereof:

[Said] THE commissioner OF TRANSPORTATION may order the removal or change in location of any advertisement when, in his opinion, such advertisement will obstruct a clear view along any highway, or when it is within the legal limits of any highway, and said commissioner may order the removal of any advertisement displayed contrary to any statutory provision. If the person, firm or corporation in control of or owning any advertisement which has been ordered removed or changed in its location, as provided in this section, does not remove such advertisement within thirty days after such order of removal or change has been sent to such person, firm or corporation by said commissioner by registered or certified mail, said commissioner may cause such advertisement to be removed and the expense of such removal may be collected from the person, firm or corporation owning or controlling the same in an action based on the provisions of this section, or from the sureties on the bond filed by such person, firm or corporation.

Sec. 75. Section 22-293 of the general statutes is repealed and the following is substituted in lieu thereof:

The addition to, or the sale of any animal from, a herd under supervision as provided in sections 22-286 to 22-295, inclusive, shall be reported to [said] THE commissioner OF AGRICULTURE within seven days after the purchase or sale, and such report shall include the ear tag or registration number and the name of the party from whom or to whom the transfer was made.

Sec. 76. Subsection (d) of section 22a-43 of the general statutes, as amended by section 1 of public act 95-151, is repealed and the following is substituted in lieu thereof:

(d) There shall be no right [of] TO further review except to the Appellate Court by certification for review in accordance with the provisions of subsection (o) of section 8-8.

Sec. 77. Section 22a-65 of the general statutes, as amended by sections 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(a) After public hearing, the commissioner may make regulations governing the disposal of any pesticide or any container therefor, to prevent pollution of any waterway and to protect plant and animal life. Such regulations shall be consistent with Section 19(a) of FIFRA and regulations promulgated thereunder.

(b) The commissioner shall, in cooperation with the college of agriculture and natural resources of The University of Connecticut, the Connecticut Agricultural Experiment Station and other public agencies, publish information regarding proper application or handling of pesticides and methods and precautions designed to prevent damage and injury.

(c) The commissioner may undertake such monitoring activities, including but not limited to monitoring in air, soil, water, man, plants and animals, as may be necessary for the implementation of this part, subsection (a) of section 23-61a, or sections 23-61b to 23-61d, inclusive, and of the National Pesticide Monitoring Plan. Such activities shall be carried out in cooperation with federal, state and local agencies.

(d) The commissioner shall establish a Pesticide Advisory Council consisting of, but not limited to, the director of the Agricultural Experiment Station, the Commissioner of Agriculture, the Commissioner of Public Health, and the dean of the college of agriculture of The University of Connecticut or their respective designees. The council shall meet at least annually and the commissioner may consult with the Pesticide Advisory Council on technical matters involving the application and use of pesticides, the determination of imminent hazards and the unreasonable adverse effects on the environment before promulgating regulations or orders in carrying out this part, subsection (a) of section 23-61a, sections 23-61b to 23-61d, inclusive, and 23-61f [, except in the case of emergencies as set forth in section 22a-64.]

Sec. 78. Section 22a-208f of the general statutes is repealed and the following is substituted in lieu thereof:

Notwithstanding the provisions of section 22a-208a, a scrap metal processor, as described in section [14-67] 14-67w, shall not be required to obtain a permit under said section 22a-208a if on or before July 1, 1990, and annually on March thirty-first thereafter, he submits to the Commissioner of Environmental Protection, on a form prescribed by the commissioner, the amount of scrap metals purchased or received from any municipality, municipal or regional authority, the state or any political subdivision of the state listed by town of origin. He shall also send to each Connecticut municipality included in such listing a copy of such information pertaining to the municipality.

Sec. 79. Section 22a-354w of the general statutes, as amended by sections 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof:

The Commissioner of Environmental Protection, in consultation with the Commissioner of Public Health and the chairperson of the [Department of] Public Utilities Control AUTHORITY, shall prepare guidelines for acquisition of lands surrounding existing or proposed public water supply well fields. In preparing such guidelines the commissioner shall consider economic implications for mandating land acquisition including, but not limited to, the effect on land values and the ability of small water companies to absorb the cost of acquisition.

Sec. 80. Section 22a-402 of the general statutes is repealed and the following is substituted in lieu thereof:

[Said] THE commissioner OF ENVIRONMENTAL PROTECTION shall investigate and inspect or cause to be investigated and inspected all dams or other structures which, in his judgment, would, by breaking away, cause loss of life or property damage. Said commissioner may require any person, firm or corporation owning or having the care and control of any such structure constructed subsequent to July 1, 1918, to furnish him with such surveys, plans, descriptions, drawings and other data relating thereto and in such form and to such reasonable extent as he directs. If such structure was constructed prior to July 1, 1918, such person, firm or corporation shall furnish the commissioner with any plans and other data that he may possess or may obtain from others. Any person, firm or corporation in possession of such pertinent information shall afford the owner and the commissioner access thereto. The commissioner shall make or cause to be made such periodic inspections of all such structures as may be necessary to reasonably insure that they are maintained in a safe condition. Any person, firm or corporation which would suffer loss of life or property by the breaking away of any such structure may petition the commissioner in writing for an inspection. If the commissioner has reason to believe the petition is without merit, he may require a deposit not exceeding one hundred dollars to cover the cost of such inspection before making the same. If the structure is found safe, the deposit shall be paid to the State Treasurer for credit to the proper fund, but, if the structure is found unsafe, the deposit shall be returned to the person, firm or corporation submitting the petition. If, after any inspection described herein, the commissioner finds any such structure to be in an unsafe condition, he shall order the person, firm or corporation owning or having control thereof to place it in a safe condition or to remove it and shall fix the time within which such order shall be carried out. The respondent to such an order shall not be required to obtain a permit under chapter 440 for any action necessary to comply with such order. If such order is not carried out within the time specified, the commissioner may carry out the actions required by the order provided the commissioner has determined that an emergency exists which presents a clear and present danger to the public safety and said commissioner shall assess the costs of such action against the person, firm or corporation owning or having care and control of the structure. When the commissioner in his investigation finds that a dam or other structure should be inspected periodically in order to reduce a potential hazard to life and property, the owner of such structure shall cause such inspection to be made by a registered engineer at such intervals as are deemed necessary by the commissioner and shall submit a copy of the engineer's finding and report to the commissioner for his action. As used in this chapter, "corporation" shall be deemed to include a "municipality" as defined in section 22a-423.

Sec. 81. Subsection (d) of section 22a-449f of the general statutes is repealed and the following is substituted in lieu thereof:

(d) Whenever the commissioner determines that as a result of a release, as defined in section 22a-449a, or a suspected release, a clean-up is necessary, including, but not limited to, actions to prevent or abate pollution or a potential source of pollution and to provide potable drinking water, the commissioner may undertake such actions using not more than one million dollars from the underground storage tank petroleum clean-up account for each release or suspected release from an underground storage tank or an underground storage tank system for which the responsible party is the state or for which the responsible party was or would have been required to demonstrate financial responsibility under 40 CFR Part 280.90 et seq. as said regulation was published in the Federal Register of October 26, 1988. In addition, if a responsible party refuses to pay the first ten thousand dollars of third party claims, and has not already paid ten thousand dollars of costs resulting from the release or suspected release, the commissioner shall, upon order of the board pursuant to this section, make payment or reimbursement of the first ten thousand dollars of third party claims, provided (1) no more than ten thousand dollars of third party claims shall be paid pursuant to this subsection for each release or suspected release from an underground storage tank system for which the responsible party is the state or for which the responsible party was or would have been required to demonstrate financial responsibility under 40 CFR Part 280.90 et seq. [As] AS said regulation was published in the Federal Register of October 26, 1988, and (2) that the board shall be entitled to recover such ten thousand dollars, notwithstanding the existence of the conditions specified in subdivisions (1) to (3), inclusive, of subsection (b) of this section.

Sec. 82. Section 23-5 of the general statutes is repealed and the following is substituted in lieu thereof:

[Said] THE commissioner OF ENVIRONMENTAL PROTECTION shall have charge and supervision of all lands acquired by the state, as public reservations, for the purposes of public recreation or the preservation of natural beauty or historic association, except such lands as may be placed by law in the charge and under the supervision of other commissions or officials.

Sec. 83. Section 23-7 of the general statutes is repealed and the following is substituted in lieu thereof:

[Said] THE commissioner OF ENVIRONMENTAL PROTECTION may erect, or permit to be erected, upon any state park, ground or reservation any suitable monument, memorial or memorial tablet in commemoration of the services of any soldier, sailor or marine, or any organization of soldiers, sailors or marines, who participated in any war or engagement in which any of the forces of the United States were engaged. Said commissioner may assume the care and maintenance of any public monument offered to him, or any public monument which is not under the care of any commission or department of the state, if he deems such action advisable, and the expense of such care and maintenance shall be paid by the state.

Sec. 84. Section 23-8 of the general statutes is repealed and the following is substituted in lieu thereof:

[Said] THE commissioner OF ENVIRONMENTAL PROTECTION shall have power, acting by himself or with local authorities, to acquire, maintain and make available to the public open spaces for recreation. Said commissioner may take, in the name of the state and for the benefit of the public, by purchase, gift or devise, lands and rights in land and personal estate for public open spaces, or take bonds for the conveyance thereof, or may lease the same for a period not exceeding five years, with an option to buy, and may preserve and care for such public reservations, and, in his discretion and upon such terms as he may approve, such other open spaces within this state as may be entrusted, given or devised to the state by the United States or by cities, towns, corporations or individuals for the purposes of public recreation, or for the preservation of natural beauty or historical association, provided said commissioner shall not take or contract to take by purchase or lease any land or other property for an amount or amounts beyond such sum or sums as have been appropriated or contributed therefor. No provision of this section shall be construed to set aside any terms or conditions under which gifts or bequests of land have been accepted by the commissioner.

Sec. 85. Section 23-10 of the general statutes is repealed and the following is substituted in lieu thereof:

[Said] THE commissioner OF ENVIRONMENTAL PROTECTION may develop recreational areas or picnic areas for public use and may erect other structures in the state parks and forests within the limitations of any funds specifically appropriated therefor, provided such appropriations shall be expended on state-owned property.

Sec. 86. Section 23-11 of the general statutes is repealed and the following is substituted in lieu thereof:

[Said] THE commissioner OF ENVIRONMENTAL PROTECTION may grant revocable licenses for public purposes to any person for the use of any portion of any state forest or state park if said commissioner finds that such purposes are not in conflict with park or forest purposes.

Sec. 87. Section 23-25 of the general statutes is repealed and the following is substituted in lieu thereof:

[Said] THE commissioner OF ENVIRONMENTAL PROTECTION may, with the approval of the Governor, grant leases for public purposes to any public authority for any portion of any state forest or state park if said commissioner finds that such purposes are not in conflict with park or forest purposes.

Sec. 88. Section 23-37 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) State forest fire control personnel and district and deputy fire wardens shall, under the supervision of the State Forest Fire Warden, use all necessary means to prevent and extinguish forest fires and enforce all statutes for the protection of forest and timber land from fire.

(b) They shall have control and direction of all persons and apparatus while engaged in extinguishing forest fires in their respective districts, or in other districts under the instructions of the State Forest Fire Warden.

(c) Such state forest fire control personnel and fire wardens may destroy fences, plow land or, in an emergency, close roads, with or without detours, and set backfires to hasten the control of any fire.

(d) They may summon any resident of the state between the ages of eighteen and fifty years to assist in extinguishing fires, and may also require the use of horses, motor vehicles and other property needed for such purposes. Any person so summoned, who is physically able, who refuses or neglects to assist or to allow the use of horses, wagons, motor vehicles or other material or property, or wilfully interferes with or hinders any warden or other person having authority under this section, shall be fined not more than one hundred dollars.

(e) No action for trespass shall lie against any person crossing or working upon lands of another to extinguish fire or for investigation thereof.

(f) Any state forest fire control personnel or fire warden shall have all the powers of a deputy sheriff in the arrest of any person for an alleged violation of the provisions of any statute for the protection of forest and timber land.

[(g) Each district fire warden shall have the authority to collect for the state, as set forth in section 23-52, the expenses incurred for extinguishing fire.]

Sec. 89. Section 23-38 of the general statutes is repealed and the following is substituted in lieu thereof:

The district fire wardens shall post such notices relating to the statutes concerning fires as the State FOREST Fire Warden prepares, and any person who wilfully or maliciously tears down or destroys any such notice shall be fined ten dollars.

Sec. 90. Section 23-41 of the general statutes is repealed and the following is substituted in lieu thereof:

All sums received by the State Treasurer from railroad companies or from any other source, as reimbursement for expenses incurred by the State FOREST Fire Warden or his deputies in the performance of their duties, shall be deposited in the General Fund in accordance with the provisions of section 4-32. Expenditures incurred by the Commissioner of Environmental Protection for the prevention and suppression of forest fires shall be paid with moneys appropriated from the General Fund.

Sec. 91. Section 23-80 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) There is established an advisory board to advise the commissioner in carrying out the provisions of sections 23-73 to 23-79, inclusive, to recommend priorities for types of properties to be acquired and to evaluate and make recommendations on the program. The board shall consist of nine members as follows: One member of the joint committee of the General Assembly having cognizance of matters relating to the environment, one member of the legislative committee on state planning and development, the Commissioner of Environmental Protection and the Secretary of the Office of [Planning] POLICY and Management or their designees and five representatives of environmental organizations with experience in land acquisition. The members, other than said commissioner and said secretary, shall serve terms of three years and shall be appointed as follows: Two by the Governor, one by the president pro tempore of the Senate, one by the minority leader of the Senate, one by the speaker of the House of Representatives, one by the minority leader of the House of Representatives and one jointly by the chairmen of the joint standing committee of the General Assembly having cognizance of matters relating to the environment. The board shall elect a chairman from among its membership and shall first make such election on or before July 1, 1986.

(b) Annually, on or before February fifteenth, the board shall submit a report of its findings and recommendations to the General Assembly.

Sec. 92. Subsection (c) of section 25-32d of the general statutes, as amended by section 1 of public act 95-124 and sections 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(c) The Commissioner of Public Health, in consultation with the Commissioner of Environmental Protection and the Public Utilities Control Authority, shall adopt regulations in accordance with the provisions of chapter 54. Such regulations shall include a method for calculating safe yield, the contents of emergency contingency plans and water conservation plans, a process for approval, modification or rejection of plans submitted pursuant to this section, a schedule for submission of the plans and a mechanism for determining the completeness of the plan. The plan shall be deemed complete if the commissioner does not request additional information within ninety days after the date on which the plan was submitted or, in the event that additional information has been requested, within forty-five days after the submission of such information, except that the commissioner may request an additional thirty days beyond the time in which the application is deemed complete to further determine completeness. In determining whether the water supply plan is complete, the commissioner may request only information that is specifically required by regulation [pursuant to this subsection.]

Sec. 93. Subsection (b) of section 25-37c of the general statutes, as amended by section 3 of public act 95-329, is repealed and the following is substituted in lieu thereof:

(b) Class II land includes all land owned by a water company OR acquired from a water company through foreclosure or other involuntary transfer of ownership or control which is either (1) on a public drinking supply watershed which is not included in class I or (2) completely off a public drinking supply watershed and which is within one hundred and fifty feet of a distribution reservoir or a first-order stream tributary to a distribution reservoir.

Sec. 94. Subsection (f) of section 25-204 of the general statutes, as amended by section 24 of public act 95-335, is repealed and the following is substituted in lieu thereof:

(f) (1) After adoption of an inventory, statement of objectives and map pursuant to subsection (d) of this section, the river committee shall prepare a river corridor protection plan. The river committee shall publish in a newspaper having a substantial circulation in the affected area at least thirty days' notice of a public hearing to be held in one of the municipalities represented on the committee. Such hearing shall provide an opportunity for public comment regarding the plan and the committee shall also provide for the submission of written comments on the plan. The committee shall send a copy of such notice to the chief elected official of each municipality located wholly or partially in the subregional drainage basin in which the subject river corridor is located and shall send such notice by certified mail, return receipt requested, to each person who owns property adjacent to the river segment which is the subject of the river corridor proposed for designation under section 25-205. After considering all comments received, the river committee shall revise said documents as appropriate and submit them to the commissioner and the secretary. Within ninety days of receiving the revised documents, the commissioner shall provide written comments to the river committee and shall furnish a copy of such comments to the secretary. The secretary shall coordinate a review of the revised documents by all other relevant state agencies and regional planning organizations established pursuant to section [8-31] 8-31a and within ninety days of receiving such documents, shall provide written comments thereon to the river commission and shall furnish a copy of such comments to the commissioner. After considering all comments received from the commissioner and the secretary, the river committee shall revise the river corridor protection plan as appropriate and shall publish in a newspaper having a substantial circulation in the affected area notice of the availability of the response to comments and the revised plan. (2) A river corridor protection plan shall set forth a strategy for achieving the protection and preservation objectives contained in the statement of objectives adopted pursuant to subsection (d) of this section and for reconciling existing incompatible uses with resource preservation. Such plan shall make recommendations for the modification of municipal plans of conservation and development and zoning, subdivision, site plan and wetlands regulations as necessary to allow implementation of the river corridor protection plan and to assure that each member municipality similarly preserves that portion of the river corridor under its jurisdiction. Such plan shall recommend that applicable municipal regulations be modified to prohibit mining, moving of earth and dredging, other than dredging to maintain existing uses, within the river corridor. Such plan may set out guidelines for disturbing vegetation within the river corridor and identify areas where clear-cutting should be prohibited; may recommend municipal adoption of programs to minimize pollution or development of the river corridor and maximize voluntary private preservation efforts; shall consider land and water uses which may be compatible with river protection, including hydropower, agriculture, recreation and waste discharges and may recommend appropriate revisions of any state or regional plans of development or municipal plans of conservation and development or open space plans. Such plan shall include a time schedule for state and municipal implementation of such regulatory modifications and programs. (3) A river corridor protection plan shall include the results of an instream flow study if the commissioner deems it necessary. An instream flow study shall be conducted in accordance with the commissioner's guidance and shall document water flow in the river corridor for the purpose of determining whether there is sufficient flow to allow withdrawals of water consistent with the resource protection and preservation objectives of the river corridor protection plan.

Sec. 95. Subsection (e) of section 26-6 of the general statutes is repealed and the following is substituted in lieu thereof:

(e) [Said] THE commissioner OF ENVIRONMENTAL PROTECTION is authorized to assign one or more conservation officers to patrol and inspect the buildings, lands and waters owned by The White Memorial Foundation, Incorporated, located in the towns of Litchfield and Morris and, in addition to their powers as conservation officers, such officers may be appointed special policemen under the provisions of section 29-18.

Sec. 96. Section 26-115 of the general statutes is repealed and the following is substituted in lieu thereof:

[Said] THE commissioner OF ENVIRONMENTAL PROTECTION may engage in fisheries management practices and may expend from federal aid funds necessary moneys to establish, construct and maintain, on any state-owned land and water under his control and, with the consent of the owner, on private land and water, fish cultural installations and associated structures, stream and pond improvement and control structures and experimental stations, and for the creation of facilities for public use of any area under his control. Said commissioner is delegated authority to expend from federal aid funds necessary moneys for supplies, materials, equipment, temporary personal services and contractual services to carry out the provisions of sections 26-102 and 26-111 to 26-117, inclusive.

Sec. 97. Section 26-195 of the general statutes is repealed and the following is substituted in lieu thereof:

All questions and disputes touching the ownership, title, buoys, boundaries, ranges, extent or location of any shellfish grounds within the exclusive jurisdiction of the state may be referred to and settled by [said] THE Commissioner of Agriculture, who is empowered, on petition of any person interested therein, to summon all the parties in interest, so far as such parties may be made known to him, to appear before him at a time and place in the summons named, such summons to be signed by the commissioner or his authorized agent and served by him or such other person as said commissioner may direct; whereupon, at the time and place named, or at any other time and place to which the hearing may be from time to time adjourned, the petitioner shall file a sworn statement of the facts as claimed by him, to which any interested party may respond by filing a sworn counterstatement of the facts as claimed by him; and, after hearing all the parties interested, with their witnesses and counsel said commissioner shall make his decision in writing as soon as convenient thereafter, which decision shall be recorded in the books of record in his office, and the same shall be binding on all the parties in interest so summoned or appearing, unless on an appeal taken from such decision, in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district where the town is situated between whose meridian lines any portion of said grounds may be, such decision is reversed by said court.

Sec. 98. Section 26-208 of the general statutes is repealed and the following is substituted in lieu thereof:

All statements so delivered or made shall be alphabetically arranged, and [said] THE Commissioner of Agriculture shall determine the value of all property so returned and described in such statements, which property shall be liable to taxation at the valuation so determined, including the ten per cent for default as aforesaid. Said commissioner shall annually declare and lay a tax thereon at the rate of two per cent of such valuation, payable at the office of said commissioner on and after the first Monday of the January following, and such tax shall be a lien upon the franchises and grounds so taxed from the time it is so laid until paid and shall be in lieu of all other taxes on such property.

Sec. 99. Section 26-210 of the general statutes is repealed and the following is substituted in lieu thereof:

If any tax so laid is not paid on or before the first Monday in March, [said] THE Commissioner of Agriculture shall make and issue his warrant for the collection thereof, with interest thereon, at the rate of one per cent per month from the day such tax becomes payable until paid, with the expenses of such collection, which warrant shall authorize any reputable person named therein to seize such grounds and any oysters or other shellfish thereon, or any other property of the owner or owners thereof not exempt from execution, and to sell the same, or so much thereof as he may find necessary, at such time and place, in such manner and by such person as said commissioner may direct, whereupon such sale shall be so made, and such warrant shall be immediately returned to said commissioner by such person with all his doings endorsed thereon, and he shall pay to said commissioner the money received upon such sale, and the commissioner shall apply the same to the payment of such tax and all the expenses thereon, including the expenses of such sale, returning any balance that remains to such owner or owners; and all moneys received by said commissioner in payment of taxes and interest thereon shall be accounted for and paid to the State Treasurer. Sec. 100. Section 26-223 of the general statutes is repealed and the following is substituted in lieu thereof:

[Said] THE Commissioner of Agriculture shall appoint one or more suitable persons who shall be known as dumping inspectors, who shall accompany each boat when it is employed in towing or carrying mud or other material, except that used in making oyster beds, in any of the territory mentioned in section 26-221, to see that such mud or other material is properly dumped, and shall report to said commissioner any violation of law in respect to such dumping. No person in charge of or employed upon such boat shall interfere with such inspector in the discharge of his duty or refuse to permit him to enter and remain upon such boat while so employed. The person or corporation by which or on whose behalf such mud or material is so towed or carried shall pay to the state for the services of such inspector fifty dollars per day. Each such inspector shall make sworn returns to said commissioner of all material taken out in boats on which he acts as inspector and of the place where dumped.

Sec. 101. Section 26-229 of the general statutes is repealed and the following is substituted in lieu thereof:

Any person who wilfully injures, removes or displaces any range monument, signal, beacon, boundstone, post or buoy, or any part, appurtenance or enclosure thereof, erected, constructed or set by [said] THE Commissioner of Agriculture, or by his order, on the land or water of this state, for the purpose of designating, locating, surveying or mapping any shellfish grounds, shall be fined not more than one hundred fifty dollars or imprisoned not more than ninety days or both.

Sec. 102. Subparagraph (E) of subdivision (1) of subsection (a) of section 31-222 of the general statutes is repealed and the following is substituted in lieu thereof:

(E) For the purposes of subparagraphs (C) and (D) the term "employment" does not apply to service performed (i) in the employ of (I) a church or convention or association of churches, or (II) an organization which is operated primarily for religious purposes and which is operated, supervised, controlled or principally supported by a church or convention or association of churches; or (ii) by a duly ordained, commissioned or licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by such order; or (iii) prior to January 1, 1978, in the employ of a school which is not an institution of higher education; after December 31, 1977, in the employ of a governmental entity referred to in subparagraph (C) of this subsection if such service is performed by an individual in the exercise of duties (I) as an elected official; (II) as a member of a legislative body, or a member of the judiciary, of a state or political subdivision; (III) as a member of the state national guard or air national guard; (IV) as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or similar emergency; (V) in a position which, under or pursuant to the laws of this state, is designated as (i) a major nontenured policy-making or advisory position, or (ii) a policy-making position the performance of the duties of which ordinarily does not require more than eight hours per week; or [(iv)] (iii) in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market by an individual receiving such rehabilitation or remunerative work; or [(v)] (iv) as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof, by an individual receiving such work relief or work training; or [(vi)] (v) prior to January 1, 1978, for a hospital in a state prison or other state correctional institution by an inmate of the prison or correctional institution and after December 31, 1977, by an inmate of a custodial or penal institution.

Sec. 103. Subsection (i) of section 31-222 of the general statutes is repealed and the following is substituted in lieu thereof:

(i) "Institution of higher education" means an educational institution which (1) admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; (2) is legally authorized in this state to provide a program of education beyond high school; (3) provides an educational program for which it awards a bachelor's or higher degree, or provides a program which is acceptable for full credit toward such a degree, a program of postgraduate or postdoctoral studies, or a program of training to prepare students for gainful employment in a recognized occupation; [and] (4) is a public or other nonprofit institution; (5) notwithstanding any of the foregoing provisions of this subsection, all colleges and universities in this state are institutions of higher education for purposes of this chapter.

Sec. 104. Subdivisions (9) and (10) of section 31-275 of the general statutes, as amended by section 117 of public act 95-79, are repealed and the following is substituted in lieu thereof:

(9) (A) "Employee" means any person who: (i) Has entered into or works under any contract of service or apprenticeship with an employer, whether the contract contemplated the performance of duties within or without the state; (ii) Is a sole proprietor or business partner who accepts the provisions of this chapter in accordance with [subsection] SUBDIVISION (10) of this section; (iii) Is elected to serve as a member of the General Assembly of this state; (iv) Is a salaried officer or paid member of any police department or fire department; (v) Is a volunteer police officer, whether the officer is designated as special or auxiliary, upon vote of the legislative body of the town, city or borough in which the officer serves; or (vi) Is an elected or appointed official or agent of any town, city or borough in the state, upon vote of the proper authority of the town, city or borough, including the elected or appointed official or agent, irrespective of the manner in which he is appointed or employed. Nothing in this [subsection] SUBDIVISION shall be construed as affecting any existing rights as to pensions which such persons or their dependents had on July 1, 1927, or as preventing any existing custom of paying the full salary of any such person during disability due to injury arising out of and in the course of his employment. (B) "Employee" shall not be construed to include: (i) Any person to whom articles or material are given to be treated in any way on premises not under the control or management of the person who gave them out; (ii) One whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business; (iii) A member of the employer's family dwelling in his house; but, if, in any contract of insurance, the wages or salary of a member of the employer's family dwelling in his house is included in the payroll on which the premium is based, then that person shall, if he sustains an injury arising out of and in the course of his employment, be deemed an employee and compensated in accordance with the provisions of this chapter; (iv) Any person engaged in any type of service in or about a private dwelling provided he is not regularly employed by the owner or occupier over twenty-six hours per week; (v) An employee of a corporation who is a corporate officer and who elects to be excluded from coverage under this chapter by notice in writing to his employer and to the commissioner; or (vi) Any person who is not a resident of this state but is injured in this state during the course of his employment, unless such person (I) works for an employer who has a place of employment or a business facility located in this state at which such person spends at least fifty per cent of his employment time, or (II) works for an employer pursuant to an employment contract to be performed primarily in this state. (10) "Employer" means any person, corporation, limited liability company, firm, partnership, voluntary association, joint stock association, the state and any public corporation within the state using the services of one or more employees for pay, or the legal representative of any such employer, but all contracts of employment between an employer employing persons excluded from the definition of employee and any such employee shall be conclusively presumed to include the following mutual agreements between employer and employee: (A) That the employer may accept and become bound by the provisions of this chapter by immediately complying with section 31-284; (B) that, if the employer accepts the provisions of this chapter, the employee shall then be deemed to accept and be bound by such provisions unless the employer neglects or refuses to furnish immediately to the employee, on his written request, evidence of compliance with section 31-284 in the form of a certificate from the commissioner, the Insurance Commissioner or the insurer, as the case may be; (C) that the employee may, at any time, withdraw his acceptance of, and become released from, the provisions of this chapter by giving written or printed notice of his withdrawal to the commissioner and to the employer, and the withdrawal shall take effect immediately from the time of its service on the commissioner and the employer; and (D) that the employer may withdraw his acceptance and the acceptance of the employee by filing a written or printed notice of his withdrawal with the commissioner and with the employee, and the withdrawal shall take effect immediately from the time of its service on the commissioner and the employee. The notices of acceptance and withdrawal to be given by an employer employing persons excluded from the definition of employee and the notice of withdrawal to be given by the employee, as provided in this [subsection] SUBDIVISION, shall be served upon the commissioner, employer or employee, either by personal presentation or by registered or certified mail. In determining the number of employees employed by an individual, the employees of a partnership of which he is a member shall not be included. A person who is the sole proprietor of a business may accept the provisions of this chapter by notifying the commissioner, in writing, of his intent to do so. If such person accepts the provisions of this chapter he shall be considered to be an employer and shall insure his full liability in accordance with subdivision (2) of subsection (b) of section 31-284. Such person may withdraw his acceptance by giving notice of his withdrawal, in writing, to the commissioner. Any person who is a partner in a business shall be deemed to have accepted the provisions of this chapter and shall insure his full liability in accordance with subdivision (2) of subsection (b) of section 31-284, unless the partnership elects to be excluded from the provisions of this chapter by notice, in writing and by signed agreement of each partner, to the commissioner.

Sec. 105. Subsection (a) of section 32-222 of the general statutes, as amended by section 1 of public act 95-250, is repealed and the following is substituted in lieu thereof:

(a) "Business development project" means a project undertaken by an eligible applicant involving one or more of the activities described in subdivision (1), satisfying one or more of the criteria set forth in subdivision (2) or involving the activities described in subdivision (3), as follows:

(1) The project involves (A) the construction, substantial renovation, improvement or expansion of a facility; (B) the acquisition of an existing facility that has been idle for at least one year prior to such acquisition, provided if such facility is acquired through a lease, such lease: (i) Shall be for an initial term of not less than five years and (ii) shall be renewable at the option of the lessee for an additional term of not less than five years, provided the lease may be subject to the option of the lessee to purchase the facility at any time during the lease term or thereafter. The commissioner may waive the one year idleness requirement upon determination that there is a high likelihood that the facility will remain idle for one year. In making such determination, the commissioner shall consider the marketability of the facility, the general economic condition of the municipality in which the facility is located, the size of the facility, the economic benefit of the proposed acquisition to the municipality and the state, including, but not limited to, the number of employment positions proposed to be established at the facility, and the degree to which the provision of financial assistance under sections 32-220 to 32-234, inclusive, is necessary as an inducement to the eligible applicant to acquire the facility; (C) the acquisition of new machinery and equipment used directly in the manufacturing of goods or products and acquired through purchase as part of the technological upgrading of the manufacturing process of a facility used in the operation of a manufacturing or economic base business which (i) has been in continuous operation in the state for not less than five years; and (ii) has incurred costs in acquiring such machinery and equipment not less than the greater of two hundred thousand dollars, or two hundred per cent of the average annual expenditure of the manufacturing or economic base business for the acquisition of new machinery and equipment used directly in the manufacturing of goods or products at the facility during the three years prior to the date upon which an application for financial assistance is submitted pursuant to subsection (c) of section [32-222] 32-223, or (D) the acquisition, improvement, demolition or disposition of real property, or combinations thereof, used or to be used in connection with the operation of a manufacturing or economic base business, provided, if the eligible applicant is not a municipality or implementing agency, the commissioner has determined that such project would not be undertaken or completed in a timely manner except for the provision of financial assistance pursuant to sections 32-220 to 32-234, inclusive, and that such project promotes the economic stability and growth of the state or any region thereof; (2) A project which will: (A) Create at a facility, within twenty-four months of the initiation of a hiring program, not less than ten new jobs or an increase in the number of persons employed at the facility of twenty per cent, whichever is greater; (B) promote the diversification of the economy of an area of the state or manufacturing or other economic base business where such area or business is substantially reliant upon defense and related industry; (C) assist in the avoidance of an imminent plant closing or relocation by a manufacturing or other economic base business or assist or improve the economy of an area of the state which has been or is likely to be significantly and adversely impacted by one or more major plant closings or relocations; (D) support research and development or commercialization of technologies, products, processes or techniques of a manufacturing or other economic base business; or (E) promote community conservation or development or improvement of the quality of life for urban residents of the state; (3) The project involves the creation of an inventors workshop by an eligible applicant, to enable (A) small manufacturing subcontractors which manufacture parts and components exclusively for other companies or (B) current or former manufacturing employees or higher education faculty or researchers, to design, test, manufacture and market new products and manufacturing techniques.

Sec. 106. Section 33-182a of the general statutes, as amended by public act 95-46 and public act 95-173, is repealed and the following is substituted in lieu thereof:

As used in this chapter the following words shall have the meaning indicated:

(1) "Professional service" means any type of service to the public which requires that members of a profession rendering such service obtain a license or other legal authorization as a condition precedent to the rendition thereof, limited to the professional services rendered by dentists, natureopaths, osteopaths, chiropractors, physicians and surgeons, doctors of dentistry, physical therapists, occupational therapists, podiatrists, optometrists, nurses, nurse-midwives, veterinarians, pharmacists, architects, professional engineers, or jointly by architects and professional engineers, landscape architects, certified public accountants and public accountants, land surveyors, psychologists, attorneys-at-law, [certified] LICENSED marital and family therapists and [certified independent] LICENSED CLINICAL social workers. (2) "Professional corporation" means a corporation which is organized under this chapter for the sole and specific purpose of rendering professional service and which has as its shareholders only individuals who themselves are licensed or otherwise legally authorized to render the same professional service as the corporation. (3) "Shareholder" means the holder of any shares of the capital stock of a professional corporation. The shareholders of a professional corporation may be designated as "members" in its certificate of incorporation, bylaws and other corporate documents and may be referred to, for all purposes, as "members", whether or not so designated; and, the term "shareholder" or "shareholders", when used in the general statutes in reference to the shareholders of a professional corporation, shall include such "members".

Sec. 107. Section 33-520a of the general statutes is repealed and the following is substituted in lieu thereof:

Notwithstanding any provision of sections 33-419 to 33-526, inclusive, as part of a limited amnesty program in effect for the calendar year commencing January 1, 1995, and ending December 31, 1995, any foreign corporation that voluntarily comes forth during said calendar year to pay penalties and fees owed for [transacting business] CONDUCTING AFFAIRS in this state without a certificate of authority, shall not be liable for penalties calculated under section 33-520. This limited amnesty shall not apply to any fees or taxes owed by a foreign corporation or any interest thereon that shall still be paid in full pursuant to subsections (b) and (c) of said section.

Sec. 108. Section 33-616 of the general statutes is repealed and the following is substituted in lieu thereof:

A person who signs or otherwise executes a document he knows is false in any material respect with intent that the document be delivered to the Secretary of the State for filing shall be subject to the penalty for false statement under section [53a-157] 53a-157b.

Sec. 109. Section 34-206 of the general statutes is repealed and the following is substituted in lieu thereof:

A limited liability company is dissolved and its affairs shall be wound up upon the happening of the first to occur of the following: (1) At the time or upon the occurrence of events specified in writing in the articles of organization or operating agreement; (2) written consent of at least a majority in interest of the members; (3) an event of dissociation of a member, unless (A) there are at least two remaining members and the business of the limited liability company is continued by the consent of at least a majority in interest of the remaining members within ninety days following the occurrence of any such event or (B) otherwise as provided in writing in the operating agreement; or (4) entry of a decree of judicial dissolution under section 34-207.

Sec. 110. Section 35-1 of the general statutes is repealed and the following is substituted in lieu thereof:

No person, except as hereinafter provided, shall conduct or transact business in this state, under any assumed name, or under any designation, name or style, corporate or otherwise, other than the real name or names of the person or persons conducting or transacting such business, unless there has been filed, in the office of the town clerk in the town in which such business is or is to be conducted or transacted, a certificate stating the name under which such business is or is to be conducted or transacted and the full name and post-office address of each person conducting or transacting such business or, in the case of a corporation or limited liability company using such an assumed name, its full name and principal post-office address. Such certificate shall be executed by all of such persons or, in the case of a corporation or limited liability company, by an authorized officer thereof, and acknowledged before some authority qualified to administer oaths. Each town clerk shall keep an alphabetical index of the names of all persons filing such certificates and of all names or styles assumed as hereinbefore provided and, for the indexing and filing of each such certificate, shall receive the statutory filing fee for documents established in section 7-34a, to be paid by the person filing such certificate. A copy of any such certificate, certified by the town clerk in whose office the same has been filed, shall be presumptive evidence, in all courts in this state, of the facts therein contained. The provisions of this section shall not prevent the lawful use of a partnership name or designation if such partnership name or designation includes the true surname of at least one of the persons composing such partnership. This section shall not apply to: (1) Any limited partnership, as defined in section 34-9, provided such limited partnership (A) has (i) filed a certificate as provided for in section 34-10, or (ii) registered with the Secretary of the State as provided in section 34-38g and (B) conducts or transacts business under the name stated in the certificate or registered with the Secretary of the State, or (2) any limited liability company, as defined in section 34-101, provided such limited liability company (A) has (i) filed articles of organization as provided for in section 34-120, or (ii) registered with the Secretary of the State as provided in section 34-223 and (B) conducts or transacts business under the name stated in the [certificate] ARTICLES OF ORGANIZATION or registered with the Secretary of the State. Any person conducting or transacting business in violation of the provisions of this section shall be fined not more than five hundred dollars or imprisoned not more than one year. Failure to comply with the provisions of this section shall be deemed to be an unfair or deceptive trade practice under subsection (a) of section 42-110b.

Sec. 111. Subsection (a) of section 35-11c of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Subject to the limitations set forth in this chapter, any person who adopts and uses a mark in this state may file in the office of the Secretary of the State, in a manner complying with the requirements of the secretary, an application for registration of that mark setting forth, but not limited to, the following information: (1) The name and business address of the person applying for such registration and, if a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary, (2) the goods or services on or in connection with which the mark is used and the mode or manner in which the mark is used in connection with such goods or services and the class in which such goods or services fall, (3) the date when the mark was first used anywhere and the date when it was first used in this state, by the applicant or his predecessor in interest, (4) a statement that the applicant is the owner of the mark or the owner's representative and that, to the knowledge of the person verifying the application, no other person has the right to use such mark in this state either in the identical form thereof or in such near resemblance thereto as to be likely, when applied to the goods or services of such other person, to cause confusion, or to cause mistake, or to deceive purchasers, (5) a statement as to whether an application to register the mark, or portions or composites thereof, has been filed by the applicant in the United States Patent AND TRADEMARK Office; and, if so, the applicant shall provide full particulars with respect thereto including the filing date and serial number of each application, the status thereof, the identification of any marks cited during the pendency thereof, and, if any mark was refused registration, the reasons therefor, and (6) a statement that, to the knowledge of the person verifying the application, the mark is not known to be the subject matter of an existing federal registration granted to another. The Secretary of the State may also require that a drawing of the mark, complying with such requirements as the secretary may specify, be submitted.

Sec. 112. Section 35-11g of the general statutes is repealed and the following is substituted in lieu thereof:

The Secretary of the State shall cancel from the register, in whole or in part, (1) any registration concerning which the Secretary of the State receives a voluntary request for cancellation thereof from the registrant or the assignee of record, accompanied by a recording fee of twenty-five dollars; (2) all registrations granted under this chapter and not renewed in accordance with the provisions hereof; (3) any registration concerning which a court of competent jurisdiction orders cancellation after finding: (A) That the registered mark has been abandoned; (B) that the registrant is not the owner of the mark; (C) that the registration was granted contrary to the provisions of section 35-11b; (D) that the registration was obtained fraudulently or in bad faith; (E) that the registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States Patent AND TRADEMARK Office prior to the date of first use in Connecticut by the registrant under this chapter, and used in Connecticut and not abandoned, provided, if the registrant proves that the registrant is the owner of concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this state, the registration under this chapter shall not be cancelled for such area of the state; (F) that the registered mark has become the generic name for the goods or services, or a portion thereof, for which it has been registered; or (G) that another person has rights in the state of Connecticut superior to those of the registrant; or (4) any registration concerning which a court of competent jurisdiction orders cancellation on any other ground.

Sec. 113. Section 35-11m of the general statutes is repealed and the following is substituted in lieu thereof:

Except on a ground for which application to cancel may be filed at any time under subdivision (4) of section 35-11g and except to the extent, if any, to which the use of a mark infringes a mark registered or published by the United States Patent AND TRADEMARK Office prior to the date of registration pursuant to this chapter the right of the registrant pursuant to this chapter to use such registered mark in commerce within Connecticut for the goods or services on or in connection with which such registered mark has been in continuous use for five consecutive years subsequent to the date of such registration in Connecticut and is still in use in commerce, shall be incontestable; provided (1) there has been no final decision adverse to the registrant's claim of ownership of such mark for such goods or services, or to the registrant's right to register the same or to keep the same on the register; and (2) there is no proceeding involving said rights pending in the United States Patent AND TRADEMARK Office or in a court and not finally disposed of; and (3) no incontestable right shall be acquired in a mark which is the common descriptive name of any article or substance, patented or otherwise.

Sec. 114. Subsection (a) of section 35-18c of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Subject to the limitations set forth in this chapter, any person who adopts and uses a mark in this state may file in the office of the Secretary of the State, in a manner complying with the requirements of the secretary, an application for registration of that mark setting forth, but not limited to, the following information: (1) The name and business address of the person applying for such registration; and, if a corporation, the state of incorporation, or, if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the Secretary of the State; (2) in the instance of a certification mark, the goods or services on or in connection with which the mark is used and the mode or manner in which the mark is used in connection with such goods or services, or in the instance of a collective mark, the goods or services of the members of the applicant or membership in the applicant as applicable; (3) the date when the mark was first used anywhere and the date when it was first used in this state, by the applicant or his predecessor in interest, or by a person acting under authority of the applicant, who shall be named; (4) a statement that the applicant is the owner of the mark and that to the knowledge of the person verifying the application, no other person has the right to use such mark in this state either in the identical form thereof or in such near resemblance thereto as to be likely, when applied to the goods or services of such other person or to membership in such other person, to cause confusion, or to cause mistake, or to so deceive the public; (5) a statement as to whether an application to register the mark, or portions or composites thereof, has been filed by the applicant in the United States Patent AND TRADEMARK Office; and, if so, the applicant shall provide full particulars with respect thereto including the filing date and serial number of each application, or the issue date and registration number of any issued registration, the status thereof, the identification of any marks cited during the pendency of the application and, if any mark was refused registration, the reasons therefor, and (6) a statement that, to the knowledge of the person verifying the application, the mark is not known to be the subject matter of an existing federal registration granted to another. The Secretary of the State may also require that a drawing of the mark, complying with such requirements as the secretary may specify, be submitted; and (7) in the instance of a certification mark, statements that (A) the applicant is not engaged in the production or marketing of any goods or services to which the mark is applied and (B) identify that which is certified, i.e., regional or other origin, material, mode of manufacture, quality, accuracy or other characteristic of the goods or services; or that the work or labor on the goods or in the performance of the services was performed by members of the applicant.

Sec. 115. Section 35-18g of the general statutes is repealed and the following is substituted in lieu thereof:

The Secretary of the State shall cancel from the register, in whole or in part, (1) any registration concerning which the Secretary of the State receives a voluntary request for cancellation thereof from the registrant or the assignee of record, accompanied by a recording fee of twenty-five dollars; (2) all registrations granted under this chapter and not renewed in accordance with the provisions hereof; (3) any registrations concerning which a court of competent jurisdiction orders cancellation after finding (A) that the registered mark has been abandoned; (B) that the registrant is not the owner of the mark; (C) that the registration was granted contrary to the provisions of section 35-18b; (D) that the registration was obtained fraudulently or in bad faith; (E) that the registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States Patent AND TRADEMARK Office prior to the date of first use in Connecticut by the registrant hereunder, and used in Connecticut and not abandoned, provided if the registrant proves that the registrant is the owner of concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this state, the registration under this chapter shall not be cancelled for such area of the state; (F) that the registered mark has become so descriptive as to be incapable of distinguishing the registrant; (G) that another person has rights in the state of Connecticut superior to those of the registrant; or (H) in the case of a certification mark, that the registrant (i) does not control, or is not able legitimately to exercise control over, the use of such mark, or (ii) engages in the production or marketing of any goods or services to which the mark is applied, or (iii) permits the use of the certification mark for purposes other than to certify, or (iv) discriminately refuses to certify or continue to certify the goods or services of any person who maintains the standards or conditions which such mark certifies; or (4) any registration concerning which a court of competent jurisdiction orders cancellation on any other ground.

Sec. 116. Subsection (a) of section 36a-210 of the general statutes, as amended by section 17 of public act 95-155, is repealed and the following is substituted in lieu thereof:

(a) With the approval of the commissioner, (1) a Connecticut bank or a Connecticut credit union may sell all or a significant part of its assets and business to a bank, and (2) a Connecticut credit union may sell all or a significant part of its assets and business to a Connecticut credit union or a federal credit union. The selling Connecticut bank must have been in existence and continuously operating for at least five years unless the commissioner waives this requirement. The commissioner shall not approve such sale if the purchasing institution, including all insured depository institutions which are affiliates of such institution, upon consummation of the sale, would control thirty per cent or more of the total amount of deposits of insured depository institutions in this state, unless the commissioner permits a greater percentage of such deposits. The selling and purchasing institutions shall file with the commissioner a written agreement approved and executed by a majority of the governing board of each institution prescribing the terms and conditions of the transaction. In the case of a sale of all of the assets and business of the selling institution, the terms of the agreement shall at least provide for full payment of the amounts due depositors, share account holders and creditors of the selling institution. Payment for all or part of the assets of the selling institution may be made in cash or by making available on demand to depositors, share account holders and other creditors thereof funds on deposit with the purchasing institution. Prior to the sale of all or substantially all of the assets and business of an institution pursuant to this section, the selling institution shall obtain authorization for the sale by the affirmative vote of at least: [(1)] m(A) Two-thirds of the voting power of the outstanding shares of each class of stock, whether or not otherwise entitled to vote, in the case of a capital stock Connecticut bank; [(2)] (B) two-thirds of the voting power of the members or depositors, in the case of a mutual savings and loan association or a Connecticut credit union; and [(3)] (C) two-thirds of the governing board and two-thirds of the voting power of the corporators, in the case of mutual savings bank, which voting power shall, in any event, be no less than twenty-five corporators.

Sec. 117. Subsection (a) of section 36a-486 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) No person shall engage in the business of making first mortgage loans unless such person has first obtained a license in accordance with the provisions of sections 36a-485 to 36a-495, inclusive. No person shall engage in the first [loan] mortgage loan business in this state as a mortgage broker unless such person has first obtained a license in accordance with the provisions of said sections.

Sec. 118. Section 36a-682 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any department or agency of the state or any political subdivision thereof which administers a credit program in which it extends, insures or guarantees consumer credit and in which it provides instruments to a creditor which contain any disclosures required by sections [36a-665 to 36a-675] 36a-675 TO 36a-685, inclusive, shall, prior to the issuance or continued use of such instruments, consult with the commissioner to assure that such instruments comply with said sections.

(b) No civil or criminal penalty provided under sections [36a-665 to 36a-675] 36a-675 TO 36a-685, inclusive, for any violation thereof may be imposed upon this state or any other state, or any political subdivision thereof, or any department or agency of any such state or political subdivision.

(c) A creditor shall not be held liable for a civil or criminal penalty under sections [36a-665 to 36a-675] 36a-675 TO 36a-685m, inclusive, in any case in which the violation results from the use of an instrument required by any department or agency of: (1) The United States, with regard to any transaction which is part of a credit program administered, insured or guaranteed by such department or agency; or (2) this state or of any political subdivision of this state, with regard to any transaction which is part of a credit program administered, insured or guaranteed by such department or agency, provided that such department or agency has consulted with the commissioner to assure that such instrument complies with said sections as provided in subsection (a) of this section.

(d) A creditor shall not be held liable for a civil or criminal penalty under the laws of this state for any technical or procedural failure, such as a failure to use a specific form, to make information available at a specific place on an instrument, or to use a specific typeface, as required by the laws of this state, which is caused by the use of an instrument required to be used by any department or agency of: (1) The United States with regard to any transaction which is part of a credit program administered, insured or guaranteed by such department or agency; or (2) this state or any political subdivision of this state, with regard to any transaction which is part of a credit program administered, insured or guaranteed by such department or agency, provided that such department or agency has consulted with the commissioner to assure that such instrument complies with sections [36-665 to 36-675] 36a-675 TO 36a-685, inclusive, provided in subsection (a) of this section.

Sec. 119. Section 36a-683 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Except as otherwise provided in this section, any creditor who fails to comply with any requirement of sections [36a-665 to 36a-675] 36a-675 TO 36a-685, inclusive, including Section 125 of the Consumer Credit Protection Act (15 USC 1635), or of section 36a-771 or 36a-774, with respect to any person is liable to that person in an amount equal to the sum of (1) any actual damage sustained by such person as a result of the failure; (2) (A) (i) in the case of an individual action twice the amount of any finance charge in connection with the transaction, (ii) in the case of an individual action relating to a consumer lease under Chapter 5 of the Consumer Credit Protection Act (15 USC Sections 1667 to 1667E, inclusive) twenty-five per cent of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than one hundred dollars nor greater than one thousand dollars; (B) in the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable, and the total recovery under this subparagraph in any class action or series of class actions arising out of the same failure to comply by the same creditor shall not be more than the lesser of five hundred thousand dollars or one per cent of the net worth of the creditor; and (3) in the case of any successful action to enforce the foregoing liability, or in any action in which a person is determined to have a right of rescission under Section 125 of the Consumer Credit Protection Act (15 USC 1635), the costs of the action, together with a reasonable attorney's fee as determined by the court. In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditor's failure of compliance was intentional. In connection with the disclosures referred to in Section 127 of the Consumer Credit Protection Act (15 USC 1637) a creditor shall have a liability determined under subdivision (2) of this subsection only for failing to comply with the requirements of Section 125 or 127(a) of said act (15 USC 1635) or (15 USC 1637(a)) or of paragraph (4), (5), (6), (7), (8), (9) or (10) of Section 127(b) of said act (15 USC 1637(b)). In connection with the disclosures referred to in Section 128 of said act (15 USC 1638) a creditor shall have a liability determined under subdivision (2) of this subsection only for failing to comply with the requirements of Section 125 of said act (15 USC 1635) or of paragraph (2), insofar as it requires a disclosure of the "amount financed", or paragraph (3), (4), (5), (6) or (9) of Section 128 (a) of said act (15 USC 1638(a)). With respect to any failure to make disclosures required under Chapter 2, 4 or 5 of said act, liability shall be imposed only upon the creditor required to make disclosure, except as provided in Section 131 of said act (15 USC 1641).

(b) A creditor or assignee has no liability under this section or section 36a-681 or 36a-684 for any failure to comply with any requirement imposed under sections [36a-665 to 36a-675] 36a-675 TO 36a-685, inclusive, if within sixty days after discovering an error, whether pursuant to a final written examination report or notice issued under subsection [(g)] (d) of section 36a-684, or through the creditor's or assignee's own procedures, and prior to the institution of an action under this section or the receipt of written notice of the error from the obligor, the creditor or assignee notifies the person concerned of the error and makes whatever adjustments in the appropriate account are necessary to insure that the person will not be required to pay an amount in excess of the charge actually disclosed, or the dollar equivalent of the annual percentage rate actually disclosed, whichever is lower.

(c) A creditor or assignee may not be held liable in any action brought under this section for a violation of sections [36a-665 to 36a-675] 36a-675 TO 36a-685, inclusive, if the creditor or assignee shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. Examples of a bona fide error include, but are not limited to, clerical, calculation, computer malfunction and programming, and printing errors, except that an error of legal judgment with respect to a person's obligations under said sections is not a bona fide error.

(d) When there are multiple obligors in a consumer credit transaction or consumer lease, there shall be no more than one recovery of damages under subdivision (2) of subsection (a) of this section for a violation of sections [36a-665 to 36a-675] 36a-675 TO 36a-685, inclusive.

(e) Any action under this section shall be brought in any court of competent jurisdiction within one year from the date of the occurrence of the violation. This subsection does not bar a person from asserting a violation of sections [36a-665 to 36a-675] 36a-675 TO 36a-685, inclusive, in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action.

(f) No provision of this section, subsection [(g)](d) of section 36a-684 or section 36a-681 imposing any liability shall apply to any act done or omitted in good faith in conformity with any provision of sections [36a-665 to 36a-675] 36a-675 TO 36a-685, inclusive, or with any rule, regulation, approval, or formal interpretation thereof by the commissioner, or in conformity with the Consumer Credit Protection Act (15 USC 1601 et seq.), including any rule or regulation adopted by the Federal Reserve Board pursuant to said act, or in conformity with any interpretation of said act by the Federal Reserve Board or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Federal Reserve Board to issue such interpretations or approvals under such procedures as said board may prescribe therefor, notwithstanding that after such act or omission has occurred, such statute, rule, regulation, approval or interpretation is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.

(g) The multiple failure to disclose to any person any information required under sections [36a-665 to 36a-675] 36a-675 TO 36a-685, inclusive, to be disclosed in connection with a single account under an open-end consumer credit plan, other single consumer credit sale, consumer loan, other extension of consumer credit or consumer lease, shall entitle the person to a single recovery under this section but continued failure to disclose after a recovery has been granted shall give rise to rights to additional recoveries. This subsection does not bar any remedy permitted by subsection (j) of this section.

(h) A person may not take any action to offset any amount for which a creditor or assignee is potentially liable to such person under subdivision (2) of subsection (a) of this section against any amount owed by such person, unless the amount of the creditor's or assignee's liability under sections [36a-665 to 36a-675] 36a-675 TO 36a-685, inclusive, has been determined by judgment of a court of competent jurisdiction in an action to which such person was a party. This subsection does not bar a consumer then in default on the obligation from asserting a violation of said sections as an original action, or as a defense or counterclaim to an action to collect amounts owed by the consumer brought by a person liable under said sections.

(i) Notwithstanding any other provision of sections [36a-665 to 36a-675] 36a-675 TO 36a-685, inclusive, (1) no person shall be entitled in any action to a recovery under this section for the failure to disclose any information required under said sections if a recovery is awarded in the same action under Section 130 of the Consumer Credit Protection Act (15 USC 1640) for the failure to disclose any information required under said sections; and (2) no person shall be entitled in any action brought under this section to a recovery if, prior to an award in any such action, a recovery has been awarded to such person in any action brought under Section 130 of the Consumer Credit Protection Act (15 USC 1640) in which the same act or omission was the basis of that action.

(j) (1) When an obligor exercises his right to rescind under Section 125 of the Consumer Credit Protection Act (15 USC 1635), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within twenty days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, down payment or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditor's obligations under this subsection and Section 125 of the Consumer Credit Protection Act (15 USC 1635), the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within twenty days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures described by this subdivision shall apply except when otherwise ordered by a court. (2) Notwithstanding any rule of evidence, written acknowledgment of receipt of any disclosures required under sections [36a-665 to 36a-675] 36a-675 TO 36a-685, inclusive, by a person to whom information, forms and a statement is required to be given pursuant to this subsection and Section 125 of the Consumer Credit Protection Act (15 USC 1635), does no more than create a rebuttable presumption of delivery thereof. (3) An obligor's right of rescission shall expire three years after the date of consummation of the transaction or upon the sale of the property, whichever occurs earlier, notwithstanding the fact that the information and forms required under this section and Section 125 of the Consumer Credit Protection Act (15 USC 1635), or any other disclosures required under sections [36a-665 to 36a-675] 36a-675 TO 36a-685, inclusive, have not been delivered to the obligor, except that if (A) the commissioner institutes a proceeding to enforce the provisions of this section, or Section 125 of the Consumer Credit Protection Act (15 USC 1635), made a part of said sections as provided in section 36a-678, within three years after the date of consummation of the transaction, (B) the commissioner finds a violation of this subsection or Section 125 of the Consumer Credit Protection Act (15 USC 1635), and (C) the obligor's right to rescind is based in whole or in part on any matter involved in such proceeding, then the obligor's right of rescission shall expire three years after the date of consummation of the transaction or upon the earlier sale of the property, or upon the expiration of one year following the conclusion of the proceeding, or any judicial review or period for judicial review thereof, whichever is later. (4) (A) In any credit transaction in which an obligor has the right to rescind under Section 125 of the Consumer Credit Protection Act (15 USC 1635), and the obligor does not exercise that right, a finance charge may not begin to accrue in connection with such transaction, until after midnight of the third business day following the consummation of the transaction. (B) Any obligor required to pay a finance charge, in violation of the provisions of this subdivision, may recover from the creditor twice the amount of such finance charge, costs and reasonable attorney's fees. (5) In any action in which it is determined that a creditor has violated subdivision (1), (2) or (3) of this subsection, in addition to rescission the court may award relief under other subsections of this section for violations of sections [36a-665 to 36a-675] 36a-675 TO 36a-685, inclusive, not relating to the right to rescind.

(k) (1) Except as otherwise specifically provided in sections [36a-665 to 36a-675] 36a-675 TO 36a-685, inclusive, any civil action for a violation of said sections or proceeding by the commissioner which may be brought against a creditor may be maintained against any assignee of that creditor only if the violation for which such action or proceeding is brought is apparent on the face of the disclosure statement, except where the assignment was involuntary. For the purpose of this section, a violation apparent on the face of the disclosure statement includes, but is not limited to, (A) a disclosure which can be determined to be incomplete or inaccurate from the face of the disclosure statement or other documents assigned, or (B) a disclosure not made in the terms required to be used by said sections. (2) Except as provided in subdivision (2) of subsection (j) of this section, in any action or proceeding by or against any subsequent assignee of the original creditor without knowledge to the contrary by the assignee when he acquires the obligation, written acknowledgment of receipt by a person to whom a statement is required to be given pursuant to sections [36a-665 to 36a-675] 36a-675 TO 36a-685, inclusive, shall be conclusive proof of the delivery thereof and, except as provided in subdivision (1) of this subsection, of compliance with Chapter 2 of the Consumer Credit Protection Act. This subsection does not affect the rights of the obligor in any action against the original creditor. (3) Any consumer who has the right to rescind a transaction under subsection (j) of this section or Section 125 of the Consumer Credit Protection Act (15 U.S.C. 1635) may rescind the transaction as against any assignee of the obligation.

(l) (1) Subject to the limitation contained in subdivision (2) of this subsection, a card issuer who has issued a credit card to a cardholder pursuant to an open-end consumer credit plan shall be subject to all claims, other than tort claims, and defenses arising out of any transaction in which the credit card is used as a method of payment or extension of credit if (A) the obligor has made a good faith attempt to obtain satisfactory resolution of a disagreement or problem relative to the transaction from the person honoring the credit card; (B) the amount of the transaction exceeds fifty dollars; and (C) the transaction took place wholly within this state, provided the mailing address previously provided by the cardholder was within this state and provided the state of billing of the transaction shall not be considered in determining where the transaction took place, or the transaction took place within one hundred miles from the mailing address within this state previously provided by the cardholder, except that the limitations set forth in (B) and (C) with respect to an obligor's right to assert claims and defenses against a card issuer shall not be applicable to any transaction in which the person honoring the credit card (i) is the same person as the card issuer, (ii) is controlled by the card issuer, (iii) is under direct or indirect common control with the card issuer, (iv) is a franchised dealer in the card issuer's products or services, or (v) has obtained the order for such transaction through a mail solicitation made by or participated in by the card issuer in which the cardholder is solicited to enter into such transaction by using the credit card issued by the card issuer. (2) The amount of claims or defenses asserted by the cardholder may not exceed the amount of credit outstanding with respect to such transaction at the time the cardholder first notifies the card issuer or the person honoring the credit card of such claim or defense. For the purpose of determining the amount of credit outstanding in this subdivision, payments and credits to the cardholder's account are deemed to have been applied, in the order indicated, to the payment of: (A) Late charges in the order of their entry to the account; (B) finance charges in order of their entry to the account; and (C) debits to the account other than those set forth above, in the order in which each debit entry to the account was made.

(m) (1) For the purpose of this subsection, the term "creditor" in this section shall include a lessor. (2) Any lessor who fails to comply with any requirement imposed under Section 182 or 183 of the Consumer Credit Protection Act (15 USC 1667a or 1667b) with respect to any person is liable to such person as provided in this section. (3) Any lessor who fails to comply with any requirement imposed under Section 184 of the Consumer Credit Protection Act (15 USC 1667c) with respect to any person who suffers actual damage from the violation is liable to such person as provided in this section.

Sec. 120. Section 36a-736 of the general statutes is repealed and the following is substituted in lieu thereof:

As used in sections 36a-735 to 36a-744, inclusive, unless the context otherwise requires:

(1) "Applicant" means any person who applies for a home purchase loan, home improvement loan or other mortgage loan as defined in sections 36a-735 to 36a-744, inclusive, whether or not the loan is granted; (2) "Federal Home Mortgage Disclosure Act" means the Home Mortgage Disclosure Act of 1975 (12 USC section 2801 et seq.), as from time to time amended, and any regulations promulgated by the Federal Reserve Board pursuant to that act, except, for purposes of sections 36a-735 to 36a-744, inclusive, the supervisory agency shall be the commissioner; (3) "Financial institution" means any Connecticut bank or Connecticut credit union which makes home purchase loans or home improvement loans or any for profit mortgage lending institution other than a Connecticut bank or Connecticut credit union, whose home purchase loan originations equaled or exceeded ten per cent of its loan origination volume, measured in dollars, in the preceding calendar year, if such mortgage lending institution is licensed under sections 36a-485 to 36a-498, inclusive, [and] OR 36a-510 to 36a-524, inclusive; (4) "Home improvement loan" has the same meaning as provided in the federal Home Mortgage Disclosure Act; (5) "Home purchase loan" has the same meaning as provided in the federal Home Mortgage Disclosure Act; and (6) "Mortgage loan" means a loan which is secured by residential real property.

Sec. 121. Subsection (e) of section 38a-336a of the general statutes is repealed and the following is substituted in lieu thereof:

(e) For purposes of this section, an "underinsured motor vehicle" means a motor vehicle with respect to which the sum of all payments received by or on behalf OF THE COVERED PERSON FROM OR ON BEHALF of the tortfeasor are less than the fair, just and reasonable damages of the covered person.

Sec. 122. Section 38a-514 of the general statutes, as amended by public act 95-75, section 6 of public act 95-116, sections 11, 12 and 21 of public act 95-257 and sections 10 and 11 of public act 95-289, is repealed and the following is substituted in lieu thereof:

Notwithstanding any provision to the contrary in the general statutes, except as provided in subsection (k) of this section, no group health insurance policy, whether issued by an insurance company, a hospital service corporation, a medical service corporation or a health care center, as defined in section 38a-175, shall be delivered, issued for delivery or renewed in this state and no such policy shall be amended to substantially alter or change benefits or coverages unless persons covered under such policy will be eligible for benefits for expense arising from mental or nervous conditions which are at least equal to the following minimum requirements:

(a) In the case of benefits based upon confinement as an inpatient in a hospital or a residential treatment facility, whether or not operated by the state, the period of confinement for which benefits shall be payable shall be at least sixty days in any calendar year. For purposes of this section, the term "residential treatment facility" means a treatment center for children and adolescents which provides residential care and treatment for emotionally disturbed individuals and is licensed by the Department of Children and Families and is accredited as a residential treatment center by the Council on Accreditation or the Joint Commission on Accreditation of Health Organizations.

(b) In the case of benefits based upon partial hospitalization, coverage shall be available for at least one hundred twenty sessions in any calendar year. Such coverage may be on an exchange basis with the inpatient benefits in subsection (a) of this section in the following manner: If the cost per session does not exceed fifty per cent of the cost of one inpatient day at the average semiprivate rate at the hospital where the session is conducted, two sessions of partial hospitalization shall equal one inpatient day. If the cost per session exceeds fifty per cent of the cost of one such inpatient day, each session shall equal one inpatient day. For purposes of this section, the term "partial hospitalization" means continuous treatment consisting of not less than four hours and not more than twelve hours in any twenty-four-hour period under a program based in a hospital or residential treatment facility, whether or not operated by the state.

(c) In the case of major medical expense coverage, benefits, after the applicable deductible, shall be at a fifty per cent rate for covered expenses incurred by the insured while other than an inpatient in a hospital or residential treatment facility, and benefits shall be available for such expenses during any calendar year up to a maximum of two thousand dollars. Additional benefits of up to a maximum of two thousand dollars in any calendar year for covered expenses incurred by the insured while other than an inpatient in a hospital shall be provided at the option of the group policyholder. Such benefits shall be subject to the applicable deductible or copayment provisions which shall not be less favorable to the insured than the contract's deductible or copayment provisions for other disease or injury.

(d) In the case of benefits payable for the services of a licensed physician, such benefits shall be payable for the same services when such services are lawfully rendered by a psychologist licensed under the provisions of chapter 383 or by such a licensed psychologist in a licensed hospital or clinic.

(e) (1) In the case of benefits payable for the services of a licensed physician or psychologist, such benefits shall be payable for the same services when such services are rendered by a clinical social worker who is licensed under the provisions of chapter 383b and who has passed the clinical examination of the American Association of State Social Work Boards and has completed at least two thousand hours of the post-master's social work experience in a nonprofit agency qualifying as a tax-exempt organization under Section 501(c) of the Internal Revenue Code of 1986 or any subsequent corresponding internal revenue code of the United States, as from time to time amended, in a municipal, state or federal agency or in an institution licensed by the Department of Public Health under section 19a-490. (2) In the case of benefits payable for the services of a licensed physician or psychologist, such benefits shall be payable for the same services when such services are rendered by a social worker who was certified as an independent social worker under the provisions of chapter 383b prior to October 1, 1990. (3) In the case of benefits payable for the services of a licensed physician or psychologist, such benefits shall be payable for the same services when such services are rendered by a licensed marital and family therapist who has completed at least two thousand hours of the post-master's marriage and family therapy work experience in a nonprofit agency qualifying as a tax-exempt organization under Section 501(c) of the Internal Revenue Code of 1986 or any subsequent corresponding internal revenue code of the United States, as from time to time amended, in a municipal, state or federal agency or in an institution licensed by the Department of Public Health under section 19a-490. (4) In the case of benefits payable for the services of a licensed physician or psychologist, such benefits shall be payable for the same services when such services are rendered by a [marriage] MARITAL and family therapist who was certified under the provisions of chapter 383a prior to October 1, 1992.

(f) For purposes of this section, the term "covered expenses" means the usual, customary and reasonable charges for treatment deemed necessary under generally accepted medical standards.

(g) (1) In the case of benefits payable for the services of a licensed physician, such benefits shall be payable for services rendered in a child guidance clinic or residential treatment facility by a person with a master's degree in social work or by a person with a master's degree in marriage and family therapy under the supervision of a psychiatrist, physician, licensed marital and family therapist or licensed clinical social worker who is eligible for reimbursement under subdivisions (1) to (4), inclusive, of subsection (e) of this section. (2) In the case of benefits payable for the services of a licensed psychologist under subsection (c) of this section, such benefits shall be payable for services rendered in a child guidance clinic or residential treatment facility by a person with a master's degree in social work or by a person with a master's degree in marriage and family therapy under the supervision of such licensed psychologist, licensed marital and family therapist or licensed clinical social worker who is eligible for reimbursement under subdivisions (1) to (4), inclusive, of subsection (e) of this section.

(h) In the case of benefits payable for the service of a licensed physician practicing as a psychiatrist or a licensed psychologist, under subsection (c) or (d) of this section, such benefits shall be payable for outpatient services rendered (1) in a nonprofit community mental health center as defined by the Department of Mental Health and Addiction Services, in a nonprofit licensed adult psychiatric clinic operated by an accredited hospital or in a residential treatment facility; (2) under the supervision of a licensed physician practicing as a psychiatrist, a licensed psychologist, a licensed marital and family therapist or a licensed clinical social worker who is eligible for reimbursement under subdivisions (1) to (4), inclusive, of subsection (e) of this section; and (3) within the scope of the license issued to the center or clinic by the Department of Public Health or to the residential treatment facility by the Department of Children and Families.

(i) Except in the case of emergency services or in the case of services for which an individual has been referred by a physician affiliated with a health care center, nothing in this section shall be construed to require a health care center to provide benefits under this section through facilities that are not affiliated with the health care center.

(j) In the case of any person admitted to a state institution or facility administered by the Department of Mental Health and Addiction Services, Department of Public Health, Department of Children and Families or the Department of Mental Retardation, the state shall have a lien upon the proceeds of any coverage available to such person or a legally liable relative of such person under the terms of this section, to the extent of the per capita cost of such person's care.

(k) A group health insurance policy may exclude the benefits required by this section if such benefits are included in a separate policy issued to the same group by an insurance company, health care center, hospital service corporation, medical service corporation or fraternal benefit society. Such separate policy, which shall include the benefits required by this section and the benefits required by section 38a-533, shall not be required to include any other benefits mandated by this title.

(l) In the case of benefits based upon confinement in a residential treatment facility, such benefits shall be payable only in situations in which (A) the insured has a serious mental illness which substantially impairs the person's thought, perception of reality, emotional process, or judgment or grossly impairs behavior as manifested by recent disturbed behavior, (B) the insured has been confined in a hospital for such illness for a period of at least three days immediately preceding such confinement in a residential treatment facility and (C) such illness would otherwise necessitate continued confinement in a hospital if such care and treatment were not available through a residential treatment center for children and adolescents.

(m) The services rendered for which benefits are to be paid for confinement in a residential treatment facility must be based on an individual treatment plan. For purposes of this section, the term "individual treatment plan" means a treatment plan prescribed by a physician with specific attainable goals and objectives appropriate to both the patient and the treatment modality of the program.

Sec. 123. Subsection (a) of section 42a-3-415 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Subject to subsections [(b), (c) and (d)] (b) TO (e)m, INCLUSIVE, OF THIS SECTION and to section 42a-3-419(d), if an instrument is dishonored, an endorser is obliged to pay the amount due on the instrument (i) according to the terms of the instrument at the time it was endorsed, or (ii) if the endorser endorsed an incomplete instrument, according to its terms when completed, to the extent stated in sections 42a-3-115 and 42a-3-407. The obligation of the endorser is owed to a person entitled to enforce the instrument or to a subsequent endorser who paid the instrument under this section.

Sec. 124. Section 45a-653 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) If an application for the appointment of a conservator has been made, and if, while the application is pending, the applicant records a notice of the application with the town clerk of any town within which real property of the alleged incapable person is situated and with the town clerk of the town in which the alleged incapable person resides, any conveyance of such real property by such person and any contract made by such person between the time the NOTICE OF THE application is recorded and the time of the adjudication of the court upon the application shall not be valid without the approval of the court.

(b) If, during the pendency of the application, the applicant lodges with any bank, trust company or other depositary a notice of the application, such bank, trust company or depositary shall not allow any funds of the alleged incapable person to be withdrawn, between the time the NOTICE OF THE application is lodged and the time of the adjudication of the court [on it] UPON THE APPLICATION, without the approval of the court.

(c) A notice recorded or lodged pursuant to this section shall state that an application for appointment of a conservator is pending and shall include the name of the alleged incapable person, the name of the applicant, the probate district in which the application is pending, and the date of application. The notice shall be signed and acknowledged by the applicant. The notice shall not include the allegation of facts on which the application is based.

Sec. 125. Subsection (e) of section 46b-38c of the general statutes is repealed and the following is substituted in lieu thereof:

(e) A protective order issued under this section may include provisions necessary to protect the victim from threats, harassment, injury or intimidation by the defendant, including but not limited to, an order enjoining the defendant from (1) imposing any restraint upon the person or liberty of the victim; (2) threatening, harassing, assaulting, molesting or sexually assaulting the victim; or (3) entering the family dwelling or the dwelling of the victim. Such order shall be made a condition of the bail or release of the defendant and shall contain the following language: "In accordance with section 53a-110b, any violation of this order constitutes criminal violation of a protective order. Additionally, in accordance with section 53a-107, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree. These are criminal offenses each punishable by a term of imprisonment of not more than one year, a fine of not more than [one] TWO thousand dollars, or both. Violation of this order also violates a condition of your bail or release, and may result in raising the amount of bail or revoking release." The Department of Public Safety, in cooperation with the Office of the Chief Court Administrator, shall establish a twenty-four-hour registry of protective orders on the Connecticut on-line law enforcement communications teleprocessing system.

Sec. 126. Subsection (a) of section 47-245 of the general statutes, as amended by section 17 of public act 95-187, is repealed and the following is substituted in lieu thereof:

(a) Except as provided in the declaration, the bylaws, subsection (b) of this section, or other provisions of this chapter, the executive board may act in all instances on behalf of the association. In the performance of their duties, officers and members of the executive board appointed by the declarant shall exercise the degree of care and loyalty required of a trustee [. Officers] AND OFFICERS and members of the executive board not appointed by a declarant shall exercise the degree of care and loyalty required of an officer or director of a corporation organized under chapter 600.

Sec. 127. Subsection (c) of section 47-246 of the general statutes, as amended by section 18 of public act 95-187, is repealed and the following is substituted in lieu thereof:

(c) (1) Unless otherwise provided in a mortgage instrument, deed of trust or other agreement creating a security interest, in case of a sale by a trustee under an agreement creating a security interest, tax sale, judicial sale other than a foreclosure sale, or sale under bankruptcy or receivership proceedings, of any units owned by a declarant or real property in a common interest community subject to development rights, a person acquiring title to all the property being sold, but only on his request, succeeds to all special declarant rights related to that property held by that declarant, or only to any rights reserved in the declaration pursuant to section 47-234 and held by that declarant to maintain models, sales offices, management offices and signs. The judgment or instrument conveying title shall provide for transfer of only the special declarant rights requested.

(2) Unless otherwise provided in a mortgage instrument, a foreclosure of a mortgage on property in a common interest community subject to development rights operates to vest absolute title to the development rights related to the property being foreclosed and held by the declarant whose interest is being foreclosed in the foreclosing mortgagee, or in a redeeming defendant, or in a purchaser at a foreclosure auction unless the foreclosing mortgagee, in its complaint for foreclosure, indicates that those development rights are not part of the mortgaged property for which the mortgagee is seeking a foreclosure.

Sec. 128. Subsection (d) of section 54-56d of the general statutes, as amended by public act 95-146 and section 11 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(d) If the court finds that the request for an examination is justified and that, in accordance with procedures established by the judges of the Superior Court, there is probable cause to believe that the defendant has committed the crime for which he is charged, the court shall order an examination of the defendant as to his competency. The court either may appoint one or more physicians specializing in psychiatry to examine the defendant or it may order the Commissioner of Mental Health and Addiction Services to conduct the examination either by a clinical team consisting of a physician specializing in psychiatry, a clinical psychologist and one of the following: A clinical [independent] social worker [certified] LICENSED pursuant to chapter 383b or a psychiatric nurse clinical specialist holding a master's degree in nursing, or by one or more physicians specializing in psychiatry, except that no employee of the Department of Mental Health and Addiction Services who has served as a member of a clinical team in the course of such employment for at least five years prior to October 1, 1995, shall be precluded from being appointed as a member of a clinical team. If the Commissioner of Mental Health and Addiction Services is ordered to conduct the examination, he shall select the members of the clinical team or the physician or physicians. If the examiners determine that the defendant is not competent, they shall then determine whether there is substantial probability that the defendant, if provided with a course of treatment, will regain competency within the maximum period of any placement order under this section. The court may authorize a physician specializing in psychiatry, a clinical psychologist, a clinical [independent] social worker [certified] LICENSED pursuant to chapter 383b or a psychiatric nurse clinical specialist holding a master's degree in nursing selected by the defendant to observe the examination. Counsel for the defendant may observe the examination. The examination shall be completed within fifteen days from the date it was ordered and the examiner or examiners shall prepare and sign, without notarization, a written report and file it with the court within twenty-one business days of the date of the order. On receipt of the written report, the clerk of the court shall cause copies to be delivered immediately to the state's attorney and to counsel for the defendant.

Sec. 129. Subsection (d) of section 54-56g of the general statutes, as amended by section 5 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(d) The Department of Mental Health and Addiction Services shall contract with service providers, develop standards and oversee appropriate alcohol programs to meet the requirements of this section. Said [commission] DEPARTMENT shall adopt regulations in accordance with chapter 54 to establish standards for such alcohol programs. Any defendant whose employment or residence makes it unreasonable to attend an alcohol program in this state may attend a program in another state which has standards substantially similar to, or higher than, those of this state, subject to the approval of the court and payment of the application and program fees as provided in this section.

Sec. 130. Section 54-100 of the general statutes, as amended by section 1 of public act 95-16, is repealed and the following is substituted in lieu thereof:

The method of inflicting the punishment of death shall be by continuous intravenous injection of a substance or substances in a quantity sufficient to cause death, in accordance with procedures prescribed by the Commissioner of Correction in consultation with the Commissioner of Public Health. The commissioner OF CORRECTION shall direct a warden of an appropriate correctional institution to appoint a suitable person to perform the duty of executing sentences of the court requiring the infliction of the death penalty. Such person shall receive, for such duty, such compensation as is determined by the commissioner OF CORRECTION. When any person is sentenced to death by any court of this state having competent jurisdiction, he shall, within twenty days after final sentence, be conveyed to an appropriate correctional institution and such punishment shall be inflicted only within the walls of said institution, within an enclosure to be prepared for that purpose under direction of the warden of said institution. Such enclosure shall be so constructed as to exclude public view. Besides the warden or deputy warden and such number of correction officers as he thinks necessary, the following persons may be present at the execution, but no others: The sheriff of the county in which the prisoner was tried and convicted, the commissioner OF CORRECTION, a physician of a correctional institution, a clergyman in attendance upon the prisoner and such other adults, as the prisoner may designate, not exceeding three in number, representatives of not more than five newspapers in the county where the crime was committed, and one reporter for each of the daily newspapers published in the city of Hartford.

Sec. 131. Subsection (a) of section 2 of public act 95-156 is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Agriculture may investigate any suspected or actual spill, as defined in section 22a-452c, which may threaten any shellfish grounds. The commissioner may monitor any such suspected or actual spill and may provide for any testing to determine the extent of any impact of such a spill on shellfish in the area. The person responsible for such [discharge] SPILL shall be liable, in accordance with the provisions of section 22a-6a for the reasonable costs and expenses of the commissioner incurred pursuant to this section.

Sec. 132. Subsection (b) of section 4 of public act 95-183 is repealed and the following is substituted in lieu thereof:

(b) There shall be within the Department of Environmental Protection a State Board of Examiners of Environmental Professionals. The board shall consist of eleven members. One member, who shall be the chairman of the board, shall be the Commissioner of Environmental Protection, or his designee. The Governor shall appoint the other ten members of the board who shall consist of the following: Six members shall be licensed environmental professionals or, prior to the publication by the board of the first roster of licensed environmental professionals, persons on the list maintained by the commissioner pursuant to subsection [(g)] (h) of this section, including at least two having hydrogeology expertise and two who are licensed professional engineers; two members who are active members of an organization that promotes the protection of the environment; one member who is an active member of an organization that promotes business; and one member who is an employee of a lending institution. The members of the board shall administer the provisions of this section as to licensure and issuance, reissuance, suspension or revocation of licenses concerning environmental professionals. The Governor may remove any member of the board for misconduct, incompetence or neglect of duty. The members of the board shall receive no compensation for their services but shall be reimbursed for necessary expenses incurred in the performance of their duties. The board shall keep a true and complete record of all its proceedings.

Sec. 133. Section 4 of public act 95-251 is repealed and the following is substituted in lieu thereof:

The Department of Correction shall (1) require each applicant for a position that will involve direct contact with inmates to state whether such person has ever been convicted of a crime or whether criminal charges are pending against such person at the time of his application, and (2) require each applicant to submit to state and national criminal history records checks. The Department of Correction shall conduct a state criminal history records check for each applicant. Prior to employment, the Department of Correction shall arrange for the fingerprinting of each successful applicant and shall forward such fingerprints to [said] THE STATE bureau of identification which shall submit the fingerprints to the Federal Bureau of Investigation for a national criminal history records check. The department may charge each applicant a fee for the national criminal history records check which shall not exceed the fee charged by the Federal Bureau of Investigation for performing the check.

Sec. 134. Subdivision (1) of subsection (a) of section 7 of public act 95-230 is repealed and the following is substituted in lieu thereof:

(a) (1) The university is authorized to provide by resolution, at one time or from time to time, for the issuance and sale of securities, in its own name on behalf of the state, pursuant to section 6 of [this act] PUBLIC ACT 95-230. The board of trustees of the university is hereby authorized by such resolution to delegate to its finance committee such matters as it may determine appropriate other than the authorization and maximum amount of the securities to be issued, the nature of the obligation of the securities as established pursuant to subsection (c) of this section and the projects for which the proceeds are to be used. The finance committee may act on such matters unless and until the board of trustees elects to reassume the same. The amount of securities the special debt service requirements which are secured by the state debt service commitment that the board of trustees is authorized to provide for the issuance and sale in accordance with this subsection shall be capped in each fiscal year in the following amounts provided, to the extent the board of trustees does not provide for the issuance of all or a portion of such amount in a fiscal year, all or such portion, as the case may be, may be carried forward to any succeeding fiscal year and provided further, the actual amount for funding, paying or providing for the items described in subparagraph (B) of subdivision [(11)] (10) of subsection (a) of section 4 of [this act] PUBLIC ACT 95-230 may be added to the capped amount in each fiscal year:

Fiscal Year Amount

1996 $112,542,000

1997 112,001,000

1998 93,146,000

1999 64,311,000

2000 130,000,000

2001 100,000,000

2002 100,000,000

2003 100,000,000

2004 100,000,000

2005 50,000,000

Sec. 135. Subsection (a) of section 2 of public act 95-314 is repealed and the following is substituted in lieu thereof:

(a) Any police officer who makes a custodial arrest of an operator of a motor vehicle under twenty-one years of age who the officer reasonably believes has consumed alcoholic liquor and who exhibits some indicia of impairment from such consumption of alcoholic liquor may administer or cause to be administered a blood, breath or urine test to such person in accordance with the provisions of section 14-227b. The fact that the operator of a motor vehicle appears to be [over] sixteen years of age OR OVER but under twenty-one years of age shall not constitute a reasonable and articulable suspicion that an offense has been or is being committed so as to justify an investigatory stop of such motor vehicle by a police officer.

Sec. 136. Subsection (b) of section 3-13h of the general statutes, as amended by section 1 of public act 95-345, is repealed and the following is substituted in lieu thereof:

(b) In carrying out his fiduciary responsibility, the State Treasurer shall, within a period of time not exceeding three years immediately following May 18, 1987, disinvest all state funds currently invested in any corporations doing business in Northern Ireland and invest no new state funds in any such corporation unless such corporation has implemented the MacBride principles. In accordance with sound investment criteria consistent with prudent standards of fiduciary responsibility, the State Treasurer shall, with respect to state funds available for future investment in corporations doing business in Northern Ireland, including such funds available as a result of such disinvestment as prescribed in this subsection, invest such funds in corporations conducting their operations in Northern Ireland in accordance with the MacBride principles, which are as follows: (1) Increasing the representation of individuals from underrepresented religious groups in the workforce, including managerial, supervisory, administrative, clerical and technical jobs; (2) PROVIDING adequate security for the protection of minority employees at the workplace and while traveling to and from work; (3) [the banning of] BANNING provocative religious or political emblems from the workplace; (4) PUBLICLY ADVERTISING all job openings [should be publicly advertised] and MAKING special recruitment efforts [should be made] to attract applicants from underrepresented religious groups; (5) layoff, recall and termination procedures [should] WHICH DO not in practice favor particular religious groupings; (6) [the abolition of] ABOLISHING job reservationsm, [;] apprenticeship restrictions and differential employment criteria, which discriminate on the basis of religion or ethnic origin; (7) [the development of] DEVELOPING training programs that will prepare substantial numbers of current minority employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade and improve the skills of minority employees; (8) [the establishment of] ESTABLISHING procedures to assess, identify and actively recruit minority employees with potential for further advancement; and (9) [the appointment of] APPOINTING a senior management staff member to oversee the company's affirmative action efforts and the setting up of timetables to carry out affirmative action principles.

Sec. 137. Subsection (a) of section 12-576 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any person [,] who knowingly permits any minor to wager in any gambling activity authorized under this chapter and any minor who places a wager in any gambling activity authorized under this chapter shall be guilty of a class A misdemeanor.

Sec. 138. Subsection (a) of section 12-704a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any person, other than a trust or estate, subject to the tax under this chapter, for any taxable year shall be entitled to a credit in determining the amount of tax liability under this chapter for the amount of property tax, as defined in this section, actually paid by that person on that person's motor vehicle. Except as otherwise provided in subsection (b) of this section, the credit allowed under the provisions of this section shall be twenty per cent of the property tax paid during the taxpayer's taxable year commencing during 1997, forty per cent of the property tax paid during the taxpayer's taxable year commencing during 1998, sixty per cent of the property tax [for the tax] paid during the taxpayer's taxable year commencing during 1999, eighty per cent of the property tax paid during the taxpayer's taxable year commencing 2000, and one hundred per cent of the property tax paid during the taxpayer's taxable year commencing 2001. No credit shall be allowable for property taxes paid with respect to an assessment year beginning prior to October 1, 1996.

Sec. 139. Subsection (a) of section 13a-22 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The commissioner is authorized, with the approval in writing of the Expressway Bond Committee, to plan and construct, under the provisions of this part and sections 13a-199 to 13a-220, inclusive, a separate expressway [, or to lay out and construct otherwise than as an expressway a toll highway to expressway standards including limitation of access,] which is hereby established at such part or parts of the location of the highway constituting, on January 30, 1957, the expressway mentioned in section 13a-21 as may, from time to time, by a bond declaration or any amendment thereof signed or approved by the commissioner, be determined to be suitable for such expressway or highway. Such expressway or highway shall be included in the state highway system. The commissioner may construct with respect to such highway such related buildings and facilities. [, including toll collection facilities, and shall collect such tolls, fees, rentals and charges for transit over or the use of such highway, as may be permitted or required with respect to an expressway pursuant to sections 13a-156 and 13a-161 and may apply the receipts of such tolls, fees, rentals and charges to payment of the cost of construction of such highway or notes issued for the financing thereof, and any] ANY such highway, if financed by the issuance of expressway bonds described in a bond declaration signed by the commissioner or Treasurer after January 1, 1957, shall become and is hereby established as an expressway without further action of the General Assembly. [On and after April 16, 1981, tolls at each station on such highway shall be not less than thirty-five cents for passenger vehicles and not less than thirty cents per axle for commercial vehicles. The commissioner shall implement this toll increase in accordance with the provisions of section 13a-156.]

Sec. 140. Section 13a-23 of the general statutes is repealed and the following is substituted in lieu thereof:

The commissioner may (a) plan, construct, reconstruct, repair, improve, manage, maintain and operate expressways, and reconstruct and relocate existing highways, sections of highways, bridges or structures and incorporate and use the same, whether or not so reconstructed or relocated or otherwise changed or improved, as parts of such expressways; (b) retain and employ consultants and assistants on a contract or other basis for rendering legal, financial, professional, technical or other assistance and advice necessary to carry out the provisions concerning expressways; (c) limit ingress to or egress from, and establish regulations for the use of, any expressways, and (d) do all things necessary or convenient to carry out the purposes and exercise the powers expressly given in this part and sections [13a-156, 13a-161 and] 13a-199 to 13a-220, inclusive.

Sec. 141. Section 13a-24 of the general statutes is repealed and the following is substituted in lieu thereof:

Nothing contained in this part and in sections [13a-156, 13a-161 and] 13a-199 to 13a-220, inclusive, shall be construed to limit, restrict or derogate from any power, right or authority of the commissioner existing under or pursuant to any other act of the General Assembly.

Sec. 142. Section 13a-199 of the general statutes is repealed and the following is substituted in lieu thereof:

As used in sections 13a-199 to 13a-220, inclusive, unless the context indicates a different meaning or intent:

[(a)] (1) "Expressway" means a highway planned, constructed or operated under the provisions of sections 13a-20 to 13a-25, inclusive;

[(b)] (2) "Expressway Bond Committee" or "committee" means a committee consisting of the Governor, the State Treasurer, the Comptroller, the Attorney General, the Secretary of the Office of Policy and Management and the Commissioner of Public Works;

[(c)] (3) "Bond" means any obligation issued pursuant to sections 13a-20 to 13a-25, inclusive, and 13a-199 to 13a-220, inclusive, except that, as used in subsection (a) of section 13a-21, and sections [13a-156,] 13a-200, 13a-201, 13a-203 [,] AND 13a-204, [13a-212, 13a-213 and 13a-214,] the term "bond" means any expressway bond;

[(d) "Expressway Reserve Fund" means the fund created by section 13a-214;

(e) "Additional Expressway Construction Fund" means the fund created by section 13a-213;]

[(f)] (4) "Expressway revenues" means the tolls, rates, rents, fees, charges and other income derived or to be derived from the operation of any expressway; [and any moneys paid out of the Expressway Reserve Fund pursuant to subsection (b) of section 13a-214;]

[(g)] (5) "Bond declaration" means a written instrument, signed by the commissioner or treasurer in accordance with sections 13a-199 to 13a-220, inclusive, and filed or to be filed in the office of the Secretary of the State;

[(h)] (6)m "Cost", when used with reference to construction of an expressway or highway, means, as of any particular date, the costs thereafter to be incurred of planning, designing, constructing and landscaping such expressway or highway and all approaches, bridges and roads connecting thereto or connecting parts thereof, of all lands, property rights, rights-of-way, easements and franchises necessary or convenient for such construction, of all machinery and equipment, and of traffic estimates, administration, engineering, architectural and legal services, plans, specifications, surveys, and estimates of costs and revenues, financing charges, interest prior to or during construction, and all such other expenses thereafter to be incurred as may be necessary or incident to the financing and construction of such expressway or highway and the placing of the same fully in operation, and may include such part as may be determined in a bond declaration related to such expressway or highway of any similar costs and expenses related to such expressway or highway theretofore incurred by the state or the commissioner and such reserves for the payment or security of principal of or interest on bonds as may be determined in a bond declaration related to such expressway or highway;

[(i)] (7) "1954 declaration" means the bond declaration signed by the commissioner dated April 27, 1954, entitled "Bond Declaration Authorizing $398,000,000 Expressway Revenue and Motor Fuel Tax Bonds of the State of Connecticut for Financing the Greenwich-Killingly Expressway, and Establishing the Terms of Issuance of Bonds of the State Pursuant to Public Act No. 411 of the General Assembly of the State of Connecticut, January Session of 1953", as the same has, prior to April 15, 1957, been amended or supplemented;

[(j)] (8) "Expressway bond" means any of the first series expressway bonds and any obligation issued pursuant to subsection (a) of section 13a-21 and sections [13a-156,] 13a-200, 13a-201, 13a-203 [,] AND 13a-204; [, 13a-212, 13a-213 and 13a-214;]

[(k)] (9) "First series expressway bond" means any of the Expressway Revenue and Motor Fuel Tax Bonds, Greenwich-Killingly Expressway, First Series, of the state, dated January 1, 1954, and issued in the aggregate principal amount of one hundred million dollars under and pursuant to the 1954 declaration and any other of the Expressway Revenue and Motor Fuel Tax Bonds of the state issued after June 29, 1955, under and pursuant to the 1954 declaration, as the same from time to time may be amended or supplemented in accordance with and subject to the terms and provisions thereof by further amendment, prior to the time when sections 505 and 506 of the 1954 declaration have been amended in accordance with and subject to the terms and provisions of the 1954 declaration by further declaration;

[(l)] (10) "Minimum bond service requirement", when used with respect to any particular bonds, means, as of any particular date, the amount of money obtained by computing, as of the first day of the next ensuing calendar month, and aggregating [(1)] (A) all interest on such bonds accrued or due on or before said first day and [(2)] (B) that portion of the principal of every such bond matured or maturing prior to one year after said first day which would have accrued at said first day if the principal amount of such bond payable at its maturity were deemed to accrue daily in equal amounts from the date one year preceding its maturity;

[(m)] (11) "Motor fuel taxes" means the taxes with respect to fuels or special fuels provided for by chapter 221 or any other or additional tax now or hereafter imposed by authority of the state with respect to the sale or use, as a fuel in internal combustion engines or for the propulsion of motor vehicles, of products commonly or commercially known or sold as gasoline or any other substances prepared, advertised for sale or sold for use as a fuel in internal combustion engines or for the propulsion of motor vehicles;

[(n)] (12) "Highway Fund" means, as of any particular date, any moneys then on hand or thereafter received or collected by the state or any officer thereof on account of any motor fuel taxes, and any moneys then on hand or thereafter received or collected by the state or any officer thereof on account of, or derived or to be derived from, fees, excises or license or other taxes now or hereafter imposed by authority of the state relating to ownership, registration, operation or use of motor vehicles; [, excluding and excepting therefrom, however, (1) moneys derived from tolls, fees, rentals and charges for transit over or the use of any expressway, bridge or highway and (2) moneys at any time paid in accordance with the provisions of subsection (d) of section 13a-214, or required pursuant to said provisions to be paid, into the Expressway Reserve Fund;]

[(o) "First series account" means the account created by section 13a-214 in the Expressway Reserve Fund;]

[(p)] (13) "Calendar year" means a period of twelve calendar months ending with December thirty-first of any year;

[(q)] (14) "Treasurer" means the State Treasurer and includes each and all of his successors in office or authority; and

[(r)] (15) "Highways", as used in sections 13a-202 and 13a-218, means any highway laid out or maintained by the state.

Sec. 143. Section 13a-200 of the general statutes is repealed and the following is substituted in lieu thereof:

For the purpose of financing the cost of construction of any expressway or of paying or refunding any bonds issued pursuant to subsection (a) of section 13a-21 and sections [13a-156,] 13a-200, 13a-201, 13a-203 [,] AND 13a-204, [13a-212, 13a-213 and 13a-214,] or interest thereon, bonds of the state may be issued pursuant to and subject to the terms, conditions and limitations provided in said sections and sections 13a-205, 13a-206, 13a-208, 13a-209, 13a-210, 13a-215, 13a-216, 13a-217 and 13a-218. Such bonds shall be highway obligations and [, unless] SHALL BE paid from the proceeds of other bonds [and] except as otherwise provided in or pursuant to section 13a-207. [, all bonds and the interest thereon shall be payable solely from expressway revenues and moneys in the Expressway Reserve Fund created by section 13a-214.]

Sec. 144. Section 13a-201 of the general statutes is repealed and the following is substituted in lieu thereof:

No bonds for financing an expressway shall be issued pursuant to subsection (a) of section 13a-21 and sections [13a-156,] 13a-200, 13a-201, 13a-203 [,] AND 13a-204 [, 13a-212, 13a-213 and 13a-214] unless they are part of an issue described in a bond declaration of which a copy has been filed with and approved in writing by the Expressway Bond Committee, and (a) such declaration sets forth the principal amount and maturities of, and sets forth or otherwise determines the maximum rate or rates of interest to be borne by, the bonds of such issue, and, unless such bonds are authorized or issued only for the purpose of paying or refunding any bonds, or interest thereon, (b) there shall have been filed with the committee an estimate, signed by the commissioner, that the proceeds of the bonds of such issue or other funds, to be available therefor under the terms of said subsection and sections, and said declaration, will be at least adequate to pay the cost of construction of such expressway and placing the same fully in operation, and that, from and after the date of placing such expressway and every part thereof in operation, the revenues to be derived at reasonable rates of tolls and other charges, stated in said estimate, from the operation of expressways, including income from investments of such revenues or of proceeds of bonds, together with any proceeds of bonds which will be [(1) in excess of the amount of the statutory bond reserve mentioned in section 13a-214 and (2)] applicable and available for such payment, AND will be at least adequate to pay the principal of and interest on the bonds of said issue as the same become due, (c) there shall have been filed with the committee certificates which collectively, in the opinion of the committee, confirm in all material respects the matters and opinions expressed in said estimate filed by the commissioner, and each of which is signed by an independent engineer or firm of engineers selected by the commissioner and accepted by the committee as an engineer or firm of engineers of national reputation for skill and experience in making reports or certificates of similar character, (d) there shall have been filed with the Secretary of the State a certificate signed by a majority of the members of the committee concurring in all material respects in the matters and opinions expressed in said estimate filed by the commissioner and (e) the conditions and limitations of section 13a-206 are fulfilled and complied with; provided any bonds, other than an additional expressway bond as defined in section 13a-206, may be issued notwithstanding and without compliance with the foregoing provisions of this section, provided they are part of an issue described in a bond declaration of which a copy has been filed with and approved in writing by the Expressway Bond Committee and which declaration sets forth the principal amount and maturities of, and sets forth or otherwise determines the maximum rate or rates of interest to be borne by, the bonds of such issue.

Sec. 145. Section 13a-204 of the general statutes is repealed and the following is substituted in lieu thereof:

In order to secure the payment of bonds, the commissioner or Treasurer may, on behalf and in the name of the state, include, in any bond declaration or declarations describing or relating to such bonds, provisions, which shall constitute a part of the contract of the state with the holders thereof, as to (a) the pledging, or the application, use and disposition, of all or any part of the expressway revenues and the moneys derived therefrom, any tolls, rates, rents, fees, charges or other income derived or to be derived from any approach, bridge or road connecting to an expressway or connecting parts of an expressway, the proceeds of bonds, and the moneys then or thereafter payable into [the Expressway Reserve Fund pursuant to sections 13a-156, 13a-200, 13a-201, 13a-203, 13a-212, 13a-213 and 13a-214 or into any other] ANY fund established or created under authority of [said] sections 13a-200, 13a-201 AND 13a-203; (b) the minimum rates of tolls and other charges to be established and collected with respect to any expressway or expressways, and the minimum amounts to be raised by such tolls or other charges; (c) the construction, reconstruction, repair, improvement, management, maintenance and operation of any expressway or expressways or any approach, bridge or road connecting to an expressway or connecting parts of an expressway, and the payment by the state or otherwise of the costs and expenses thereof including the cost of toll collection; (d) expressway bonds to be thereafter issued and limitations thereon and the terms and conditions thereof; (e) amortization and redemption of bonds; (f) the exercise of any powers then conferred by law on the commissioner or Treasurer; (g) the vesting in a trustee of rights, powers and duties in trust for the holders of bonds; and (h) subsequent amendments of such provisions and contract.

Sec. 146. Section 13a-207 of the general statutes is repealed and the following is substituted in lieu thereof:

With the written approval of the Expressway Bond Committee, expressway bonds may be issued from time to time pursuant to the 1954 declaration, but not for expressway improvements as defined therein other than the improvements referred to in subsection (b) of section 13a-22 and subject to the terms, conditions and limitations provided in sections 13a-21 to 13a-25, inclusive, [13a-156,] 13a-200 to 13a-206, inclusive, and 13a-208 to 13a-219, inclusive, as general obligations of the state for which its full faith and credit are pledged. The aggregate principal amount of such expressway bonds which, if and when authorized to be issued by virtue of a bond declaration or declarations approved by the Expressway Bond Committee as provided in section 13a-201, may be issued as such general obligation bonds is limited to one hundred eighty-seven million dollars, inclusive of all such general obligation bonds issued prior to May 8, 1959, but, in computing such limit, bonds to be refunded by such general obligation bonds shall be excluded. There shall be included in or on such bonds a statement to the effect that they are issued as general obligations of the state for which its full faith and credit are pledged, and, if such statement is made by endorsement at the foot or on the back of the bond, the endorsement shall be signed in the name of the state and on its behalf by the commissioner or by the Treasurer, or by both, or the deputies thereof, by their manual or facsimile signatures and such endorsement on any such bond shall be valid and sufficient, notwithstanding that any of the officials signing such endorsement by their manual or facsimile signatures shall have ceased to hold office at the time of delivery of such bond. If any such general obligation bond is paid in whole or in part by the state other than from the funds from which it would have been payable if issued otherwise than pursuant to this section or section 5 of number 558 of the public acts of 1957, such bond or the part thereof paid by the state shall be regarded as purchased by the state and the money paid by the state shall be regarded as the purchase price and such bond or part shall thereafter be deemed to be outstanding in the hands of the state for all purposes except as provided in section 905 of the 1954 declaration.

Sec. 147. Section 13a-220 of the general statutes is repealed and the following is substituted in lieu thereof:

Nothing in sections 13a-20 to 13a-25, inclusive, [section 13a-156 or 13a-161,] or sections 13a-199 to 13a-220, inclusive, shall in any way limit, restrict or alter the obligation or powers of the state to carry out and perform in every detail each and every promise, covenant, agreement or contract made or entered into, prior to June 29, 1955, by or on behalf of the state by or pursuant to the provisions of number 411 of the public acts of 1953, including the 1954 declaration, or limit, restrict or alter the powers, rights, authority, duties or obligations of the Treasurer or the commissioner or any other officer of the state to do and perform each and every act or thing required on the part of the state or any such officer to be done or performed by any such promise, covenant, agreement or contract. Nothing in [section 13a-156 or 13a-161, said] sections 13a-20 to 13a-25, inclusive, or sections 13a-199 to 13a-220, inclusive, shall be construed as in any way preventing the issuance, as if sections 13a-200, 13a-201, 13a-203 [,] AND 13a-204 [, 13a-212, 13a-213 and 13a-214] had not been enacted, of the first series expressway bonds pursuant to the 1954 declaration. The provisions of said sections 13a-20 to 13a-25, inclusive, [13a-156, 13a-161] and 13a-199 to 13a-220, inclusive, shall at all times be effective to the extent, but only to the extent, that they are not inconsistent with the terms and provisions of the 1954 declaration, as the same from time to time may be amended or supplemented in accordance with and subject to the terms and provisions thereof by further declaration.

Sec. 148. Subsection (c) of section 13b-69 of the general statutes is repealed and the following is substituted in lieu thereof:

(c) As used in this section, "general obligation bonds of the state issued for transportation purposes" means the aggregate principal amount, as determined by the Secretary of the Office of Policy and Management, of state general obligation bonds authorized for transportation purposes pursuant to the following authorizations issued and outstanding at any time: Special acts 406 of the 1959 session; 328 of the 1961 session, as amended; 362 of the 1963 session, as amended; 245 of the February 1965 special session, as amended; 276 and 315 of the 1967 session, as amended; 255 and 281 of the 1969 session; 31 of the 1972 session, as amended; 73-74, as amended; 74-43; 74-102, as amended; 75-101; 76-84, as amended; 77-47; 78-70; 78-71, as amended; 78-81, as amended; 79-95; 80-41; 81-71; 82-46, as amended; 83-17 of the June special session; and 83-2 and 83-3 of the October special session; sections 4-66c; 13a-20; 13a-29; 13a-32 to 13a-35, inclusive; [13a-156;] 13a-157; [13a-160;] 13a-165; 13a-166; 13a-176 to 13a-192, inclusive; 13a-197; 13a-198a to 13a-198j, inclusive; 13a-199; 13a-202; 13a-204; 13a-206; 13a-207; 13a-208; [13a-214;] 13a-218; 13a-239 to 13a-246, inclusive; 16-338; 16a-40j and 16a-40k; and section 28 of public act 132 of 1959, sections 8 and 13 of public act 325 of the February 1965 special session, as amended; sections 4 and 5 of public act 755 of 1969, as amended; and section 1 of public act 80-392.

Sec. 149. Subsection (c) of section 14-100a of the general statutes is repealed and the following is substituted in lieu thereof:

(c) (1) The operator of and any front seat passenger in a private passenger motor vehicle, as defined in subsection [(g)] (e) of section 38a-363, fire fighting apparatus or a vanpool vehicle equipped with seat safety belts complying with the provisions of the Code of Federal Regulations, Title 49, Section 571.209, as amended from time to time, shall wear such seat safety belt while the vehicle is being operated on the highways of this state, except that a child under the age of four years shall be restrained as provided in subsection (d) of this section. Each operator of such vehicle shall secure or cause to be secured in a seat safety belt any passenger four years of age or older and under sixteen years of age.

(2) The provisions of subdivision (1) of this subsection shall not apply to any person whose physical disability or impairment would prevent restraint in such safety belt, provided such person obtains a written statement from a licensed physician containing reasons for such person's inability to wear such safety belt and including information concerning the nature and extent of such condition. Such person shall carry the statement on his person or in the motor vehicle at all times when it is being operated. (3) As used in this subsection, "private passenger motor vehicle" does not mean an authorized emergency vehicle, other than fire fighting apparatus, responding to an emergency call or a motor vehicle operated (A) by a rural letter carrier of the United States postal service while performing his official duties, or (B) by a person engaged in the delivery of newspapers. (4) Failure to wear a seat safety belt shall not be considered as contributory negligence nor shall such failure be admissible evidence in any civil action. (5) On and after February 1, 1986, any person who violates the provisions of this subsection shall have committed an infraction and shall be fined fifteen dollars. Points may not be assessed against the operator's license of any person convicted of such violation.

Sec. 150. Subsection (b) of section 14-112 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Such proof of financial responsibility shall be furnished as is satisfactory to the commissioner and may be evidence of the insuring of the named insured or resident relative of the named insured against loss on account of his legal liability for injury to or the death of persons and damage to property in the respective amounts provided by this section in the form of a certificate signed by any person authorized in writing by an officer of any company authorized to issue such insurance in this state or any agent of such company licensed under the provisions of section 38a-769, showing that a policy of insurance in such amounts, noncancellable except after ten days' written notice to the commissioner, has been issued to the person furnishing such proof and no insurance company or insurance agent shall refuse to make such filing of evidence of insurance during the time such insurance company has a valid policy in force covering the named insured or resident relative of the named insured and such company may charge a fee not to exceed ten dollars for such filing; or such proof may be the bond of a surety company or a bond with individual surety owning real estate, which bond shall be conditioned for the payment of such amounts and shall not be cancellable except after ten days' written notice to the commissioner. Such bond shall constitute a lien in favor of the state upon the real estate of any surety, which lien shall exist in favor of any holder of a judgment on account of damage caused by the operation of such person's motor vehicle, upon the filing of notice to that effect by the commissioner in the town clerk's office in the town where such real estate is located. Such proof of financial responsibility may also be evidence presented to the commissioner of a deposit by such person with the State Treasurer of a sum of money or collateral, the amount of which money or collateral shall be determined by and shall be satisfactory to the commissioner. The State Treasurer shall accept any such deposit and issue a receipt therefor, and, if such deposit is a sum of money, the state shall pay interest thereon if so directed by the Secretary of the Office of Policy and Management at a rate not greater than the amount received by the state. The Treasurer may [invest any money so received in the manner provided in subsection (b) of section 36-96 or may] deposit any [such] money SO RECEIVED in any incorporated savings bank located in this state. Whenever any agent of an insurance company certifies to evidence of the insuring of any person, from whom proof of financial responsibility has been required, by the company for which such agent is authorized to solicit, negotiate or effect contracts of insurance, such company shall notify the commissioner of the cancellation or termination of the policy referred to in such certificate at least ten days before the effective date of such cancellation or termination, provided such notice shall not be required if such policy is renewed by such company, and provided a policy subsequently procured and referred to in a certificate filed with the commissioner shall, on the effective date of such policy, terminate the policy referred to in any certificate previously filed with respect to any motor vehicles designated in both certificates or, in case of an operator's policy, with respect to any operator designated in both certificates. Additional evidence of financial responsibility shall be furnished the commissioner at any time upon his request therefor.

Sec. 151. Section 15-140p of the general statutes is repealed and the following is substituted in lieu thereof:

Any fine imposed for a violation of subdivision (1) of subsection (a) of section 15-140k or subdivision (1) of subsection (a) of section 15-140l shall be deposited in the criminal injuries compensation [account] FUND established pursuant to section 54-215.

Sec. 152. Section 29-2 of the general statutes is repealed and the following is substituted in lieu thereof:

[Said commissioner] THE COMMISSIONER OF PUBLIC SAFETY shall have general jurisdiction of the affairs of the Division of State Police within the Department of Public Safety and shall have all the powers and privileges conferred by statute upon a state policeman. He shall submit to the Governor an annual report, as provided in section 4-60, setting forth in detail the work of said division. Said commissioner shall prescribe rules for the government of the division and, in any investigation made by him relating to the personnel of the division, may administer oaths and summon witnesses and compel their attendance as provided by law for the attendance of witnesses at court.

Sec. 153. Section 29-130 of the general statutes is repealed and the following is substituted in lieu thereof:

[Said commissioner] THE COMMISSIONER OF PUBLIC SAFETY shall prescribe a form of application to be signed by each applicant and may require such information respecting the business in which the applicant proposes to engage as he finds necessary to safeguard the public from all forms of lascivious conduct, immoral practices, vice or violations of the law. Said commissioner or any state policeman may enter into any place so licensed or upon the premises where such business is being conducted, for the purpose of observing the conduct of the same. Said commissioner shall issue to each applicant so licensed a certificate to be designated "amusement park license", and each certificate shall state the name of the applicant, the location of the place where such amusement, entertainment, diversion or recreation may be conducted and the hours each day during which the same may be conducted. Each certificate shall be displayed conspicuously for public view by the licensee at the place where the business so licensed is conducted. Any such license may be suspended or revoked by said commissioner whenever it appears that any of the conditions required to be stated in such license have been violated. Such applications and license certificates shall be printed at the expense of the state. The annual license fee shall be thirty-five dollars to be paid by the applicant to the Commissioner of Public Safety with each application for such license. Such licenses shall not be transferable and, if any licensee voluntarily discontinues operations thereunder, all rights secured thereby shall terminate. On and after January 1, 1986, the license year shall be from January first until December thirty-first following, inclusive. Each such license shall be for a period of one license year.

Sec. 154. Section 29-146 of the general statutes is repealed and the following is substituted in lieu thereof:

[Said commissioner] THE COMMISSIONER OF PUBLIC SAFETY shall, upon receipt of such application, cause an investigation to be made of the character and financial responsibility of the applicant and, if he finds that such applicant is a resident elector of good moral character and of sound financial responsibility, he shall, upon payment by such applicant to the state of a license fee of one hundred dollars, issue a license to such applicant to do business in this state as a professional bondsman. Each such license shall be for such term not exceeding one year as said commissioner determines.

Sec. 155. Section 29-148 of the general statutes is repealed and the following is substituted in lieu thereof:

Each professional bondsman licensed under the provisions of this chapter shall forthwith inform [said commissioner] THE COMMISSIONER OF PUBLIC SAFETY in writing of any material change in his assets or liabilities affecting his responsibility as a bondsman and shall at any time, upon request of said commissioner, furnish him with a statement under oath of his assets and liabilities, including all bonds on which such bondsman is obligated.

Sec. 156. Section 29-149 of the general statutes is repealed and the following is substituted in lieu thereof:

[Said commissioner] THE COMMISSIONER OF PUBLIC SAFETY shall furnish to all courts and to all town, city and borough departments in the state, having authority to accept bail, the names of all professional bondsmen licensed under the provisions of this chapter and shall forthwith notify such courts and all such town, city and borough departments of any change in any such bondsman's status or of the suspension or revocation of any bondsman's license to engage in such business.

Sec. 157. Subsection (a) of section 29-179 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) There shall be a State-Wide Narcotics Task Force Policy Board, within the Division of State Police and within the Department of Public Safety for administrative purposes only, consisting of the Commissioner of Public Safety, the Chief State's Attorney, the agent in Connecticut in charge of the United States Drug Enforcement Administration, the president of the Connecticut [Chiefs of] Police CHIEFS Association and five chiefs of police designated by said association, each to serve for a term of one year, provided one such chief of police shall be from a municipality with a population of one hundred thousand or more.

Sec. 158. Subsection (c) of section 46b-15 of the general statutes, as amended by section 1 of public act 95-193, is repealed and the following is substituted in lieu thereof:

(c) Every order of the court made in accordance with this section shall contain the following language: "This order may be extended by the court beyond six months. In accordance with section 53a-107, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree. This is a criminal offense punishable by a term of imprisonment of not more than one year, a fine of not more than [one] TWO thousand dollars or both."

Sec. 159. Subsection (b) of section 45a-438 of the general statutes, as amended by section 5 of public act 95-316, is repealed and the following is substituted in lieu thereof:

(b) Except as provided in section 45a-731, for purposes of intestate succession by, through or from a person, an individual is the child of his genetic parents, regardless of marital status of such parents. With respect to a child born out of wedlock, the father of a child born out of wedlock shall be considered a parent if (1) the father and mother have married after the child's birth or (2) the father has been adjudicated the father of the child by a court of competent jurisdiction, or (3) the father has acknowledged under oath in writing [to be] THAT HE IS the father of the child, or (4) after the death of either the father or the child, paternity has been established by the Probate Court by clear and convincing evidence that the father has acknowledged in writing that he is the father of the child and has openly treated the child as his.

Sec. 160. Subsection (d) of section 49-2 of the general statutes is repealed and the following is substituted in lieu thereof:

(d) (1) Any mortgage to secure advancements made by a mortgagee or its assignee to a mortgagor pursuant to the terms of a mortgage securing a reverse annuity mortgage loan, as defined in subdivision [(5)] (4) of subsection (a) of section 36a-265, shall be sufficiently definite and certain and valid to secure all money actually advanced pursuant to and in accordance with its terms, whether at or subsequent to closing of the loan, up to but not exceeding the full amount of the loan therein authorized with the same priority as if all such money had been advanced at the time such mortgage was delivered if such mortgage sets forth: (A) That it is a "reverse annuity mortgage loan" and contains a reference to subdivision (4) of subsection (a) of section 36a-265; (B) the full amount of the loan authorized; (C) a statement of the dates on which such advancements are to be made and the amounts of such advancements; and (D) the events which will give rise to the maturity of the loan.

(2) The mortgagee or its assignee and the mortgagor may subsequently modify the dates set forth in the mortgage for advancements by a writing setting forth such modification signed by the mortgagee or its assignee and the mortgagor and recorded upon the proper land records. Such modification shall in no way limit or otherwise affect the priority of such mortgage.

Sec. 161. Subsection (c) of section 52-380d of the general statutes is repealed and the following is substituted in lieu thereof:

(c) A release of a judgment lien filed on personal property pursuant to section 52-355a is sufficient if it contains a description of the property released, the name and address of the judgment creditor and judgment debtor, and the file number of the judgment lien certificate in the office of the Secretary of the State. On presentation of such a statement of release to the filing officer in the office of the Secretary of the State, the filing officer shall mark the statement with the hour and date of filing and shall note the same on the index. The release shall be on a form prescribed by the Secretary of the State. On filing, the Secretary of the State may charge the [uniform] fee prescribed by section [42a-9-404] 42a-9-403 for filing and indexing a termination statement.

Sec. 162. Subsection (d) of section 54-36i of the general statutes is repealed and the following is substituted in lieu thereof:

(d) Expenditures from the account allocated to the Department of Public Safety and local police departments shall be authorized by a panel composed of: (1) The Commissioner of Public Safety or his designee, (2) the commander of the state-wide narcotics task force or his designee and (3) the president of the Connecticut [Chiefs of] Police CHIEFS Association or his designee. The panel shall adopt procedures for the orderly authorization of expenditures, subject to the approval of the Comptroller. Such expenditures may be authorized only to the Department of Public Safety and to organized local police departments within this state. Such expenditures shall be held by the Department of Public Safety and the various organized local police departments in accounts or funds established for that purpose. In no event shall the expenditures be placed in a state or town general fund and in no event shall the expenditures be used for purposes other than those provided in subdivision (1) of subsection (c) of this section. The panel shall ensure the equitable allocation of expenditures to the Department of Public Safety or any local police department which participated directly in any of the acts which led to the seizure or forfeiture of the property so as to reflect generally the contribution of said department or such local police department in such acts. The panel shall authorize expenditures from the account for the reimbursement of any organized local police department which has used its own funds in the detection, investigation, apprehension and prosecution of persons for the violation of laws pertaining to the illegal manufacture, sale, distribution or possession of controlled substances and which makes application to the panel for reimbursement.

Sec. 163. Subsection (c) of section 54-36j of the general statutes is repealed and the following is substituted in lieu thereof:

(c) Upon conviction of a person under section 53a-83a, the court may render a judgment that the motor vehicle used in the commission of the offense be forfeited to the state and order the same to be disposed of to a charitable or educational institution or to a governmental agency or institution or be destroyed, provided, if any such motor vehicle is subject to a bona fide lien, lease or security interest, such motor vehicle shall not be so disposed of or destroyed in violation of the rights of the holder of such interest. When any motor vehicle has been ordered forfeited to the state under this section, the court may also order that such motor vehicle be sold by sale at public auction in which case the proceeds shall be applied: (1) To payment of the balance due on any lien recognized or preserved by the court; (2) to payment of any costs incurred for the storage, maintenance, security and forfeiture of such vehicle; and (3) to be deposited in the General Fund to become credited to the criminal injuries compensation [account] FUND ESTABLISHED UNDER SECTION 54-215.

Sec. 164. Section 6 of special act 95-24 is amended to read as follows:

Notwithstanding the provisions of subsection (b) of section 25-32 of the general statutes, the commissioner of public health and addiction services may issue a permit for a change in land use to the Middletown Water and Sewer Department for property in Middlefield to be acquired by the department of transportation for improvements along Route 66 for Project No. [80-81] 81-80, provided the commissioner (1) determines that said water and sewer department has demonstrated that said project will not cause any significant environmental change, and (2) makes a written finding that said project will not have a negative impact on the public water supply.

Sec. 165. Sections 5-269, 10-321w to 10-321cc, inclusive, and 13a-175ff of the general statutes are repealed.

Sec. 166. This act shall take effect from its passage.

Approved June 3, 1996. Effective June 3, 1996.

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