Bill Text: CT SB01209 | 2011 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Revisor's Technical Corrections To The General Statutes.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2011-05-13 - House Calendar Number 525 [SB01209 Detail]
Download: Connecticut-2011-SB01209-Comm_Sub.html
General Assembly |
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January Session, 2011 |
*_____SB01209JUD___041511____* |
AN ACT CONCERNING THE REVISOR'S TECHNICAL CORRECTIONS TO THE GENERAL STATUTES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 1-2b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
[(a)] For purposes of sections 1-100oo, 1-206, 2-71r, 4-183, 4a-52a, 4a-60q, 4a-63, 4a-100, 4e-34, 4e-35, 7-65, 7-148w, 7-247a, 7-473c, 7-478e, 8-3b, 8-3i, 8-7d, 8-26b, 8-169r, 8-293, 9-388, 9-608, 9-623, 10a-22c, 10a-22i, 10a-34a, 10a-109n, 12-35, 12-157, 12-242ii, 12-242jj, 13a-80, 13a-85c, 13a-123, 15-11a, 16-41, 16-50c, 16-50d, 17a-103b, 19a-87, 19a-87c, 19a-209c, 19a-332e, 19a-343a, 19a-486a, 19a-486c, 19a-486d, 19a-497, 19a-507b, 20-205a, 20-325a, 21-63, 21-80, 22-7, 22a-6b, 22a-6u, 22a-30, 22a-42d, 22a-42f, 22a-66d, 22a-137, 22a-178, 22a-225, 22a-228, 22a-250, 22a-285b, 22a-354p, 22a-354s, 22a-354t, 22a-361, 22a-371, 22a-401, 22a-403, 22a-433, 22a-436, 22a-449f, 22a-449l, 22a-449n, 22a-504, 22a-626, 23-46, 23-65j, 23-651, 23-65p, 25-32, 25-32e, 25-331, 25-34, 25-204, 25-234, 29-108d, 31-57c, 31-57d, 31-355, 32-613, 33-663, 33-929, 33-1053, 33-1219, 34-521, 35-42, 36a-50, 36a-51, 36a-52, 36a-53, 36a-82, 36a-184, 36a-493, 36b-62, 36b-72, 38-323a, 38a-344, 38a-676, 38a-724, 38a-788, 42-158j, 42-161, 42-181, 42-182, 42-186, 42-271, 45a-716, 46a-82e, 46b-115w, 46b-128, 47-42d, 47-74f, 47-88b, 47-236, 47-284, 47a-11b, 47a-11d, 47a-13a, 47a-14h, 47a-56b, 49-2, 49-4a, 49-8, 49-8a, 49-10b, 49-31b, 49-51, 49-70, 51-90e, 52-57, 52-59b, 52-63, 52-64, 52-195c, 52-350e, 52-351b, 52-361a, 52-362, 52-565a, 52-605, 52-606, 53-401, 53a-128, 53a-128d, 53a-207 and 54-82c and chapter 965, any reference to certified mail, return receipt requested, shall include mail, electronic, and digital methods of receiving the return receipt, including all methods of receiving the return receipt identified by the Mailing Standards of the United States Postal Service in Chapter 500 of the Domestic Mail Manual or any subsequent corresponding document of the United States Postal Service.
[(b) The Legislative Commissioners' Office shall, in codifying the provisions of this section, make such technical, grammatical and punctuation changes and statutory placements and classifications, including, but not listed in subsection (a) of this section as are necessary to carry out the purposes of this section.]
Sec. 2. Section 1-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
In each year the first day of January (known as New Year's Day), the fifteenth day of January of each year prior to 1986, and commencing on the twentieth day of January in 1986, the first Monday occurring on or after January fifteenth (known as Martin Luther King, Jr. Day), the twelfth day of February (known as Lincoln Day), the third Monday in February (known as Washington's Birthday), the last Monday in May (known as Memorial Day or Decoration Day), the fourth day of July (known as Independence Day), the first Monday in September (known as Labor Day), the second Monday in October (known as Columbus Day), the eleventh day of November (known as Veterans' Day) and the twenty-fifth day of December (known as Christmas) and any day appointed or recommended by the Governor of this state or the President of the United States as a day of thanksgiving, fasting or religious observance, shall each be a legal holiday, except that whenever any of such days which are not designated to occur on Monday, occurs upon a Sunday, the Monday next following such day shall be a legal holiday and whenever any of such days occurs upon a Saturday, the Friday immediately preceding such day shall be a legal holiday. When any such holiday, except holidays in January and December, occurs on a school day, each local and regional board of education may close the public schools under its jurisdiction for such day or hold a session of the public schools on such day, provided, if a session is held, the board shall require each school to hold a suitable nonsectarian educational program in observance of such holiday. If a holiday in January or December occurs on a school day, there shall be no session of the public schools on such day.
Sec. 3. Section 1-6 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The standard of time for the seventy-fifth meridian west of Greenwich shall be the standard of time for this state, except that the standard of time of this state shall be one hour in advance of such established time from two o'clock ante meridian on the [first] second Sunday in [April] March until two o'clock ante meridian on the [last] first Sunday in [October] November.
Sec. 4. Section 1-65bb of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
As used in sections 1-65aa to 1-65hh, inclusive, and section 53a-156:
(1) "Boundaries of the United States" means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands [,] and any territory or insular possession subject to the jurisdiction of the United States.
(2) "Law" includes the United States Constitution or a state constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order [,] or an administrative rule, regulation or order.
(3) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(4) "Sign" means, with present intent to authenticate or adopt a record:
(A) To execute or adopt a tangible symbol; or
(B) To attach to or logically associate with the record an electronic symbol, sound or process.
(5) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands [,] or any territory or insular possession subject to the jurisdiction of the United States.
(6) "Sworn declaration" means a declaration in a signed record given under oath. "Sworn declaration" includes a sworn statement, verification, certificate or affidavit.
(7) "Unsworn declaration" means a declaration in a signed record that is not given under oath, but is given under penalty of perjury.
Sec. 5. Subsection (c) of section 2-8 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) In lieu of the compensation payable under subsection (a) of this section, the speaker of the House of Representatives and the president pro tempore of the Senate shall each receive thirty-eight thousand six hundred eighty-nine dollars for each year of the term for which said officer so serves, the majority and minority leaders of the House of Representatives and of the Senate shall each receive thirty-six thousand eight hundred thirty-five dollars for each year of the term for which said officer so serves, the deputy speaker and the deputy majority and minority leaders of the House of Representatives and of the Senate shall each receive thirty-four thousand four hundred forty-six dollars for each year of the term in which said officer so serves, each assistant majority and minority leader and majority and minority whip of the House and Senate and the chairpersons of each joint standing committee, except the Joint [Standing] Committee on Legislative Management, shall each receive thirty-two thousand two hundred forty-one dollars for each year of the term in which said chairperson so serves and the ranking members of each joint standing committee, except the Joint [Standing] Committee on Legislative Management, shall each receive thirty thousand four hundred three dollars for each year of the term in which said officer so serves to be paid as provided in subsection (a) of this section. Each of said officers shall receive as reimbursement for expenses for each year of the term for which the officer is elected five thousand five hundred dollars if the officer is a senator and four thousand five hundred dollars if the officer is a representative, payable as provided in subsection (b) of this section. Each of said officers shall have the same option to elect payment of one-twelfth of the officer's compensation for each year of the term for which the officer is elected payable in equal monthly installments in such year as is provided for other members under the provisions of subsection (a) of this section.
Sec. 6. Section 2-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The Joint [Standing] Committee on Legislative Management shall employ all stenographers required by the joint standing and joint special committees of the General Assembly. It shall provide for and furnish to the State Library one original copy of all such reports of committee hearings as any of the several committees shall require to be made and transcribed by the stenographer of such committee for its use.
Sec. 7. Section 2-15 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The Comptroller shall draw his order on the Treasurer for a transportation allowance for each member or member-elect of the General Assembly, and the Treasurer shall pay to such member as an allowance for transportation, such rate per mile as shall from time to time be determined by the Joint [Standing] Committee on Legislative Management. The allowance shall be paid for each mile on each day that such member is required to travel: (1) From his home to the State Capitol and return therefrom to attend a session of the General Assembly or a meeting of a committee of the General Assembly or a public hearing held by any such committee or for other official legislative business, or (2) from his home to such other location within the state at which any such committee meeting or public hearing is held and return therefrom.
Sec. 8. Subsection (a) of section 2-53g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The Legislative Program Review and Investigations Committee shall: (1) Direct its staff and other legislative staff available to the committee to conduct program reviews and investigations to assist the General Assembly in the proper discharge of its duties; (2) establish policies and procedures regarding the printing, reproduction and distribution of its reports; (3) review staff reports submitted to the committee and, when necessary, confer with representatives of the state departments and agencies reviewed in order to obtain full and complete information in regard to programs, other activities and operations of the state, and may request and shall be given access to and copies of, by all public officers, departments, agencies and authorities of the state and its political subdivisions, such public records, data and other information and given such assistance as the committee determines it needs to fulfill its duties. Any statutory requirements of confidentiality regarding such records, data and other information, including penalties for violating such requirements, shall apply to the committee, its staff and its other authorized representatives in the same manner and to the same extent as such requirements and penalties apply to any public officer, department, agency or authority of the state or its political subdivisions. The committee shall act on staff reports and recommend in its report, or propose, in the form of a raised committee bill, such legislation as may be necessary to modify current operations and agency practices; (4) consider and act on requests by legislators, legislative committees, elected officials of state government and state department and agency heads for program reviews. The request shall be submitted in writing to the Legislative Program Review and Investigations Committee and shall state reasons to support the request. The decision of the committee to grant or deny such a request shall be final; (5) conduct investigations requested by joint resolution of the General Assembly, or, when the General Assembly is not in session, (A) requested by a joint standing committee of the General Assembly or initiated by a majority vote of the Legislative Program Review and Investigations Committee and approved by the Joint Committee on Legislative Management, or (B) requested by the Joint [Standing] Committee on Legislative Management. In the event two or more investigations are requested, the order of priority shall be determined by the Legislative Program Review and Investigations Committee; (6) retain, within available appropriations, the services of consultants, technical assistants, research and other personnel necessary to assist in the conduct of program reviews and investigations; (7) originate, and report to the General Assembly, any bill it deems necessary concerning a program, department or other matter under review or investigation by the committee, in the same manner as is prescribed by rule for joint standing committees of the General Assembly; and (8) review audit reports after issuance by the Auditors of Public Accounts, evaluate and sponsor new or revised legislation based on audit findings, provide means to determine compliance with audit recommendations and receive facts concerning any unauthorized, illegal, irregular or unsafe handling or expenditures of state funds under the provisions of section 2-90.
Sec. 9. Section 2-54 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
There shall be maintained a Legislative Commissioners' Office for the use and information especially of the members of the General Assembly, the officers of the several state agencies and the public. Said office shall be under the general direction of two legislative commissioners. Biennially one commissioner shall be appointed by the General Assembly to hold office for four years from the first day in July in the year of his appointment and until his successor has been appointed and has qualified. Said commissioners shall not be of the same political party. Each commissioner shall be an attorney at law and shall have been admitted to practice before the courts of the state of Connecticut for at least six years prior to his appointment. The salary of each commissioner shall be established by the Joint [Standing] Committee on Legislative Management.
Sec. 10. Section 2-54a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
When the General Assembly is not in session and there is a vacancy in the position of legislative commissioner, such vacancy may be filled by the Joint [Standing] Committee on Legislative Management until the sixth Wednesday of the next session of the General Assembly and until a successor is appointed and has qualified pursuant to section 2-54.
Sec. 11. Subsection (g) of section 2-120 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(g) There shall be an executive director of the Latino and Puerto Rican Affairs Commission. The executive director and any necessary staff shall be employed by the Joint [Standing] Committee on Legislative Management. The commission shall have no authority over staffing or personnel matters.
Sec. 12. Subsection (f) of section 2-121 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(f) There shall be an executive director of the African-American Affairs Commission. The executive director and any necessary staff shall be employed by the Joint [Standing] Committee on Legislative Management. The commission shall have no authority over staffing or personnel matters.
Sec. 13. Subsection (f) of section 2-122 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(f) There shall be an executive director of the Asian Pacific American Affairs Commission. The executive director and any necessary staff shall be employed by the Joint [Standing] Committee on Legislative Management. The commission shall have no authority over staffing or personnel matters.
Sec. 14. Section 2c-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The Legislative Program Review and Investigations Committee, established by the provisions of section 2-53e, shall conduct a performance audit of each governmental entity and program scheduled for termination under section 2c-2b. The Legislative Program Review and Investigations Committee shall complete its performance audit by January first of the year in which the governmental entity and program are scheduled for termination under section 2c-2b. In conducting the audit, the committee shall take into consideration, but not be limited to considering, the factors set forth in sections 2c-7 and 2c-8. The entities enumerated in section 2c-2b shall cooperate with the Legislative Program Review and Investigations Committee in carrying out the purposes of sections 2c-1 to 2c-12, inclusive, and shall provide such information, books, records and documents as said committee may require to conduct its performance audit. Each governmental entity or program scheduled for termination pursuant to section 2c-2b shall provide at the request of the Legislative Program Review and Investigations Committee an analysis of its activities which specifically addresses the factors enumerated in sections 2c-7 and 2c-8.
Sec. 15. Section 2c-21 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Unless otherwise provided by law, a provision of the general statutes or of a special act which creates, empowers or establishes a board, commission, council, authority, task force or other body on or after January 4, 1995, the primary purpose of which body is to submit a report, findings or recommendations, shall be deemed to be repealed one hundred [and] twenty days after the date on which such body is required to submit its report, findings or recommendations.
Sec. 16. Section 3-110i of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Charles Edward Ives is designated as the composer of the state of Connecticut. There shall be a "Charles Edward Ives Memorial Composer Laureate of the state of Connecticut". The board of directors of the Charles Ives Center for the Arts, in consultation with the panel established under this section, may designate from time to time a composer who was born or is living in Connecticut to serve in the position of composer laureate. There is established a panel that shall meet from time to time to advise said board of directors on the designation of the composer laureate. The panel shall be comprised of eight members, one of whom shall be a representative of the Connecticut Commission on Culture and Tourism, one of whom shall be a representative of the New Haven Symphony Orchestra, one of whom shall be a representative of the Hartford Symphony Orchestra, one of whom shall be a representative of the Yale University School of Music, one of whom shall be a representative of the Hartt School of Music of The University of Hartford, one of whom shall be a representative of The Charles Ives Society, Inc., one of whom shall be a representative of The University of Connecticut through its music department, and one of whom shall be a representative of the Connecticut State University System through the music department of Western Connecticut State University. Each member of the panel shall be selected by the entity that the member represents.
Sec. 17. Subsection (a) of section 3-123h of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The State Comptroller may transfer from the Employers Social Security Tax account the amount or any portion of the amount of actual or projected savings in said account resulting from employee participation in the flexible [savings] spending account [program] programs, established in sections 5-264b to 5-264e, inclusive, to a restrictive grant fund account for payment of administrative and program costs of the flexible spending account [program] programs. The total amount transferred for administrative costs pursuant to this subsection shall not exceed two hundred fifty thousand dollars per year.
Sec. 18. Subsection (b) of section 4a-62 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) The committee may request any agency of the state authorized to award public works contracts or to enter into purchase of goods or services contracts to submit such information on compliance with sections 4a-60 and 4a-60g and at such times as the committee may require. The committee shall consult with the Departments of Public Works, Transportation and Economic Development and the Commission on Human Rights and Opportunities concerning compliance with the state programs for minority business enterprises. The committee shall report annually on or before February first to the Joint [Standing] Committee on Legislative Management on the results of its ongoing study and include its recommendations, if any, for legislation.
Sec. 19. Subsections (f) and (g) of section 8-30g of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
(f) Any person whose affordable housing application is denied, or is approved with restrictions which have a substantial adverse impact on the viability of the affordable housing development or the degree of affordability of the affordable dwelling units in a set-aside development, may appeal such decision pursuant to the procedures of this section. Such appeal shall be filed within the time period for filing appeals as set forth in section 8-8, 8-9, 8-28 or 8-30a, as applicable, and shall be made returnable to the superior court for the judicial district where the real property which is the subject of the application is located. Affordable housing appeals, including pretrial motions, shall be heard by a judge assigned by the Chief Court Administrator to hear such appeals. To the extent practicable, efforts shall be made to assign such cases to a small number of judges, sitting in geographically diverse parts of the state, so that a consistent body of expertise can be developed. Unless otherwise ordered by the Chief Court Administrator, such appeals, including pretrial motions, shall be heard by such assigned judges in the judicial district in which such judge is sitting. Appeals taken pursuant to this subsection shall be privileged cases to be heard by the court as soon after the return day as is practicable. Except as otherwise provided in this section, appeals involving an affordable housing application shall proceed in conformance with the provisions of said section 8-8, 8-9, 8-28 or 8-30a, as applicable.
(g) Upon an appeal taken under subsection (f) of this section, the burden shall be on the commission to prove, based upon the evidence in the record compiled before such commission, that the decision from which such appeal is taken and the reasons cited for such decision are supported by sufficient evidence in the record. The commission shall also have the burden to prove, based upon the evidence in the record compiled before such commission, that (1) (A) the decision is necessary to protect substantial public interests in health, safety, or other matters which the commission may legally consider; (B) such public interests clearly outweigh the need for affordable housing; and (C) such public interests cannot be protected by reasonable changes to the affordable housing development, or (2) (A) the application which was the subject of the decision from which such appeal was taken would locate affordable housing in an area which is zoned for industrial use and which does not permit residential uses; [,] and (B) the development is not assisted housing, as defined in subsection (a) of this section. If the commission does not satisfy its burden of proof under this subsection, the court shall wholly or partly revise, modify, remand or reverse the decision from which the appeal was taken in a manner consistent with the evidence in the record before it.
Sec. 20. Section 9-19e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Except during the period between the last session for the admission of electors prior to an election and the day following that election, an admitting official of any town, as defined in section 9-17a, may, at the times and places prescribed by law, accept applications for admission as an elector from persons who reside in any Connecticut town and examine their qualifications. Each such application for admission shall be made on a form prescribed by the [secretary of the state] Secretary of the State and shall provide a space for application for enrollment in a political party as provided in section 9-23a. Such admitting official shall hand a receipt to the applicant and immediately mail the application to the town clerk or registrars of voters of the town of residence of the applicant. The town clerk or registrars of voters of the town of residence of such applicant shall act upon such application, upon its receipt, and shall note on such copy his or their action and the date thereof, and if disapproved, his or their reasons therefor. If the town clerk acts on the application, he shall deliver such copy to the registrars as provided in section 9-20 and whoever acts upon the application shall immediately send written notification to the applicant, and if the application is disapproved, he or they shall send such notification by certified mail. No person shall be admitted as an elector under this section unless his application has been approved by the town clerk or registrars of voters of his town of residence. Nothing in this section shall be construed to permit an admitting official to approve applications for admission as an elector in places located outside the boundaries of the municipality or district of which he is an official. Appeals may be taken from the action of such town clerk or registrars of voters under this section in accordance with section 9-31l. Any person making application for registration under this section shall be entitled to the privileges of an elector and party enrollment, if applicable, from the time such application for admission as an elector is approved by the town clerk or registrars of voters of his voting residence, provided if such application is made after twelve o'clock noon on the last business day before a primary, such applicant shall be entitled to the privileges of party enrollment immediately after the primary and provided if such application is made on the day of a caucus or convention, such applicant shall be entitled to the privileges of party enrollment immediately after the caucus or convention.
Sec. 21. Subsection (b) of section 9-164 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) Upon the occurrence of a vacancy in a municipal office or upon the creation of a new office to be filled prior to the next regular election, a special municipal election may be convened either by the board of selectmen of the municipality or upon application of twenty electors of the municipality filed with the municipal clerk. The date of such election shall be determined by the board of selectmen of the municipality, and notice of such date shall be filed with the municipal clerk. In determining the date of such election, the board of selectmen shall allow the time specified for holding primaries for municipal office in section 9-423 and the time specified for the selection of party-endorsed candidates for municipal office in section 9-391. On application of twenty electors of the municipality, the date of such election, as determined by the board of selectmen, shall be not later than the one hundred fiftieth day following the filing of such application. Except as otherwise provided by general statute, the provisions of the general statutes pertaining to elections and primaries shall apply to special municipal elections. No such election may be held unless the municipal clerk first files notice of the office or offices to be filled at such election with the town chairman of the town committee of each major and minor party within the municipality and with the [secretary of the state] Secretary of the State at least three weeks in advance of the final time specified for the selection of party-endorsed candidates for municipal office in section 9-391. The municipal clerk shall forthwith warn such election in the same manner as the warning of municipal elections pursuant to section 9-226.
Sec. 22. Section 9-453b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The Secretary of the State shall not issue any nominating petition forms for a candidate for an office to be filled at a regular election to be held in any year prior to the first business day of such year. The [secretary] Secretary shall not issue any nominating petition forms unless the person requesting the nominating petition forms makes a written application for such forms, which application shall contain the following: (1) The name or names of the candidates to appear on such nominating petition, compared by the town clerk of the town of residence of each candidate with the candidate's name as it appears on the last-completed registry list of such town, and verified and corrected by such town clerk or in the case of a newly admitted elector whose name does not appear on the last-completed registry list, the town clerk shall compare the candidate's name as it appears on the candidate's application for admission and verify and correct it accordingly; (2) a signed statement by each such candidate that [he] the candidate consents to the placing of [his] the candidate's name on such petition; [,] and (3) the party designation, if any. An applicant for petition forms who does not wish to specify a party designation shall so indicate on [his] the application for such forms and [his] the application, if so marked, shall not be amended in this respect. No application made after November 3, 1981, shall contain any party designation unless a reservation of such party designation with the [secretary] Secretary is in effect for all of the offices included in the application or unless the party designation is the same as the name of a minor party which is qualified for a different office or offices on the same ballot as the office or offices included in the application. The [secretary] Secretary shall not issue such forms (A) unless the application for forms on behalf of a candidate for the office of presidential elector is accompanied by the names of the candidates for President and Vice-President whom [he] the candidate for the office of presidential elector represents and includes the consent of such candidates for President and Vice-President; (B) unless the application for forms on behalf of Governor or Lieutenant Governor is accompanied by the name of the candidate for the other office and includes the consent of both such candidates; (C) if petition forms have previously been issued on behalf of the same candidate for the same office unless the candidate files a written statement of withdrawal of [his] the candidate's previous candidacy with the [secretary] Secretary; and (D) unless the application meets the requirements of this section.
Sec. 23. Subsection (f) of section 10-183ff of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(f) Upon determination by the Teachers' Retirement Board that a member received, on or after November 1, 2008, an estimate of benefits statement from the board that contained a material error, the board shall pay the member the benefits set forth in such estimate if the board determines that (1) the member could not reasonably have been expected to detect such error, and (2) the member, in reliance upon such estimate, irrevocably submitted (A) his or her resignation to the employing board of education, and (B) a formal application of retirement to the Teachers' Retirement Board. For purposes of this subsection, [material error] "material error" means an error that amounts to a difference of ten per cent or greater between the estimated retirement benefits and the actual retirement benefits to which such member would otherwise be entitled.
Sec. 24. Subdivision (82) of section 12-412 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(82) (A) The sale of and the storage, use or other consumption of any commercial motor vehicle, as defined in subparagraphs (A) and (B) of subdivision [(15)] (14) of section 14-1, that is operating pursuant to the provisions of section 13b-88 or 13b-89, during the period commencing upon its purchase and ending one year after the date of purchase, provided seventy-five per cent of its revenue from its days in service is derived from out-of-state trips or trips crossing state lines.
(B) Each purchaser of a commercial motor vehicle exempt from tax pursuant to the provisions of this subsection shall, in order to qualify for said exemption, present to the retailer a certificate, in such form as the commissioner may prescribe, certifying that seventy-five per cent of such vehicle's revenue from its days in service will be derived from out-of-state trips or trips crossing state lines. The purchaser of the motor vehicle shall be liable for the tax otherwise imposed if, during the period commencing upon its purchase and ending one year after the date of purchase, seventy-five per cent of the vehicle's revenue from its days in service is not derived from out-of-state trips or trips crossing state lines.
Sec. 25. Subsection (a) of section 14-181 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) If the interest of an owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as provided in subsection (b) of this section, promptly mail or deliver to the commissioner the last certificate of title, if available, proof of the transfer, and his application for a new certificate in the form the commissioner prescribes.
Sec. 26. Subsection (c) of section 14-283b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) A violation of any provision of this section shall be an infraction, except that if a violation of the provisions of subsection (a) of this section results in the injury of the operator of an emergency vehicle, the operator of the motor vehicle that caused such injury shall be fined in an amount not to exceed two thousand five hundred dollars, and if such violation results in the death of the operator of an emergency vehicle, the operator of the motor vehicle that caused such death shall be fined in an amount not to exceed ten thousand dollars.
Sec. 27. Subsection (b) of section 15-101mm of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) The Bradley Board of Directors shall consist of seven members, appointed as follows: The Commissioner of Transportation and the Commissioner of Economic and Community Development, each serving ex-officio, a representative appointed by the speaker of the House of Representatives from the Connecticut Transportation Strategy Board, created by section 13b-57e, a representative appointed by the minority leader of the House of Representatives from among the members of the Bradley International Community Advisory Board, as created by section 15-101pp and three private sector members appointed as follows: [(A)] (1) The Governor shall appoint one member, who shall be the chairperson, and whose first term shall expire on June 30, 2005, [(B)] (2) the president pro tempore of the Senate shall appoint one member whose first term shall expire on June 30, 2005, [(C)] (3) the minority leader of the Senate shall appoint one member whose first term shall expire on June 30, 2005. The term of office of each successor shall be four years.
Sec. 28. Subdivision (2) of subsection (b) of section 16a-4c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(2) Any revision to the boundaries of a planning area, based on the analysis completed pursuant to subsection (a) of this section or due to a modification by the secretary in accordance with this subsection, shall be effective on the first day of July following the date of completion of such analysis or modification.
Sec. 29. Subsection (f) of section 17b-420 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(f) There shall be an executive director of the Commission on Aging. There may be additional staff within available appropriations. The commission shall be within the Legislative Department. The executive director and any necessary staff shall be employed by the Joint [Standing] Committee on Legislative Management. The commission shall have no authority over staffing or personnel matters.
Sec. 30. Section 29-2a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The Chief State's Attorney and the Attorney General, or their designees who shall be attorneys in their respective offices, shall annually conduct a legal review of the police policies and practices of the Division of State Police within the Department of Public Safety, including the policies and procedures relative to the protection of civil liberties. They shall examine all police practices and procedures followed by the Division of State Police and shall select the practices and procedures to be reviewed. Such review may include, but not be limited to: An evaluation of the Division of State Police policies and practices to ensure that they comply with state and federal law; recommendations for changes in those policies or practices to avoid violations of federal and state constitutional, statutory or regulatory provisions; and a summary of recent changes in statutory or case law which may impact on those state police policies and practices. The Chief State's Attorney and the Attorney General shall enter into a cooperative agreement which shall define the staffing requirements for the review and the specific process for the completion of the duties required by the provisions of this section. On January 1, 1991, and annually thereafter, the Chief State's Attorney and the Attorney General shall submit the review to the Governor, the Commissioner of Public Safety, the Auditors of Public Accounts, the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Public Safety, the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, and the [legislative program review and investigations committee] Legislative Program Review and Investigations Committee.
Sec. 31. Subsection (b) of section 32-9cc of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) The office shall:
(1) Develop procedures and policies for streamlining the process for brownfield remediation and development;
(2) Identify existing and potential sources of funding for brownfield remediation and develop procedures for expediting the application for and release of such funds;
(3) Establish an office to provide assistance and information concerning the state's technical assistance, funding, regulatory and permitting programs;
(4) Provide a single point of contact for financial and technical assistance from the state and quasi-public agencies;
(5) Develop a common application to be used by all state and quasi-public entities providing financial assistance for brownfield assessment, remediation and development; [and]
(6) Identify and prioritize state-wide brownfield development opportunities; and
(7) Develop and execute a communication and outreach program to educate municipalities, economic development agencies, property owners and potential property owners and other organizations and individuals with regard to state policies and procedures for brownfield remediation.
Sec. 32. Subsection (c) of section 34-33e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) If a limited partnership has filed a certificate of merger or consolidation with an effective date later than the date of filing, and abandonment has occurred, the limited partnership may file a certificate of abandonment with the [secretary of the state] Secretary of the State executed as provided in section 34-10a by each of the abandoning limited partnerships which shall set forth: (1) The names of the abandoning limited partnerships, (2) the fact that a certificate of merger or consolidation was filed, (3) the date the merger or consolidation was abandoned and (4) such other provisions with respect to the abandonment as are deemed necessary or desirable.
Sec. 33. Subsection (c) of section 36a-573 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) Whenever it appears to the Banking Commissioner that any person has violated the provisions of subsection (a) of this section or offered a loan that violates the provisions of subsection (a) of this section, the commissioner may investigate, take administrative action or assess civil penalties and restitution in accordance with the provisions of sections 36a-50 and 36a-52.
Sec. 34. Subdivisions (a) and (b) of section 45a-644 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
(a) "Conservator of the estate" means a person, a municipal or state official, or a private profit or nonprofit corporation except a hospital or nursing home facility as defined in section 19a-521, appointed by the Court of Probate under the provisions of sections 45a-644 to 45a-663, inclusive, to supervise the financial affairs of a person found to be incapable of managing his or her own affairs or of a person who voluntarily asks the Court of Probate for the appointment of a conservator of the estate, and includes a temporary conservator of the estate appointed under the provisions of section 45a-654.
(b) "Conservator of the person" means a person, a municipal or state official, or a private profit or nonprofit corporation, except a hospital or nursing home facility as defined in section 19a-521, appointed by the Court of Probate under the provisions of sections 45a-644 to 45a-663, inclusive, to supervise the personal affairs of a person found to be incapable of caring for himself or herself or of a person who voluntarily asks the Court of Probate for the appointment of a conservator of the person, and includes a temporary conservator of the person appointed under the provisions of section 45a-654.
Sec. 35. Subsection (b) of section 46a-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) There shall be an executive director of the Permanent Commission on the Status of Women. The executive director and any necessary staff shall be employed by the Joint [Standing] Committee on Legislative Management. The commission shall have no authority over staffing or personnel matters.
Sec. 36. Subsection (b) of section 46a-126 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) There shall be an executive director of the Commission on Children. The executive director and any necessary staff shall be employed by the Joint [Standing] Committee on Legislative Management. The commission shall have no authority over staffing or personnel matters.
Sec. 37. Subsection (c) of section 46b-38c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) Each such local family violence intervention unit shall: (1) Accept referrals of family violence cases from a judge or prosecutor, (2) prepare written or oral reports on each case for the court by the next court date to be presented at any time during the court session on that date, (3) provide or arrange for services to victims and offenders, (4) administer contracts to carry out such services, and (5) establish centralized reporting procedures. All information provided to a family relations counselor, family relations counselor trainee or family services supervisor employed by the Judicial [Branch] Department in a local family violence intervention unit shall be used solely for the purposes of preparation of the report and the protective order forms for each case and recommendation of services and shall otherwise be confidential and retained in the files of such unit and not be subject to subpoena or other court process for use in any other proceeding or for any other purpose, except that a family relations counselor, family relations counselor trainee or family services supervisor employed by the Judicial [Branch] Department:
(A) Shall disclose to the court and the prosecuting authority for appropriate action information that the victim has indicated that the defendant holds a permit to carry a pistol or revolver or possesses one or more firearms;
(B) May disclose to an employee of the Department of Children and Families information that indicates that a defendant poses a danger or threat to a child or a parent of the child;
(C) May disclose to another family relations counselor, family relations counselor trainee or family services supervisor information pursuant to guidelines adopted by the Chief Court Administrator;
(D) May disclose to a bail commissioner employed by the Judicial [Branch] Department information regarding a defendant who is on or is being considered for pretrial release;
(E) May disclose to a law enforcement agency information that indicates that a defendant poses a danger or threat to another person;
(F) May disclose, after disposition of a family violence case, (i) to a probation officer or a juvenile probation officer, for purposes of determining service needs and supervision levels, information regarding a defendant who has been convicted and sentenced to a period of probation in the family violence case, and (ii) to organizations under contract with the Judicial [Branch] Department to provide family violence programs and services, for purposes of determining program and service needs, information regarding defendants who are their clients; and
(G) [The family relations counselor, family relations counselor trainee or family services supervisor shall] Shall disclose such information as may be necessary to fulfill such counselor's, trainee's or supervisor's duty as a mandated reporter under section 17a-101a to report suspected child abuse or neglect.
Sec. 38. Subsection (a) of section 46b-133a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) A nolle prosequi may not be entered as to any count of delinquency if the [juvenile] child objects to the nolle prosequi and demands either a trial or dismissal, except with respect to prosecutions in which a nolle prosequi is entered upon a representation to the court by the prosecutorial official that a material witness has died, disappeared or become disabled or that material evidence has disappeared or has been destroyed and that a further investigation is therefore necessary.
Sec. 39. Subsection (e) of section 51-51l of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(e) Notwithstanding the provisions of subsections (a) and (b) of this section, the council shall disclose any information concerning complaints received by the council on and after January 1, 1978, investigations, and disposition of such complaints to the [legislative program review and investigations committee] Legislative Program Review and Investigations Committee when requested by the committee in the course of its functions, in writing and upon a majority vote of the committee, provided no names or other identifying information shall be disclosed.
Sec. 40. Subsection (g) of section 51-81b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(g) This section shall not apply (1) to any attorney whose name has been removed from the roll of attorneys maintained by the clerk of the superior court for the judicial district of Hartford, [or] (2) to any attorney who has retired from the practice of law, provided the attorney shall file written notice of retirement with the clerk of the superior court for the judicial district of Hartford, [or] (3) to any attorney who does not engage in the practice of law as an occupation and receives less than four hundred fifty dollars in legal fees or other compensation for services involving the practice of law during any calendar year, or [(3)] (4) with respect to the tax due in any calendar year, to any attorney serving on active duty with the armed forces of the United States for more than six months in such year.
Sec. 41. Subsection (a) of section 53a-40d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) A persistent offender of crimes involving assault, stalking, trespass, threatening, harassment, criminal violation of a protective order or criminal violation of a restraining order is a person who (1) stands convicted of assault under section 53a-61, stalking under section 53a-181d, threatening under section 53a-62, harassment under section 53a-183, criminal violation of a protective order under section 53a-223, criminal violation of a restraining order under section 53a-223b or criminal trespass under section 53a-107 or 53a-108, and (2) has [,] (A) been convicted of a capital felony, a class A felony, a class B felony, except a conviction under section 53a-86 or 53a-122, a class C felony, except a conviction under section 53a-87, 53a-152 or 53a-153, or a class D felony under sections 53a-60 to 53a-60c, inclusive, 53a-72a, 53a-72b, 53a-95, 53a-103, 53a-103a, 53a-114, 53a-136 or 53a-216, assault under section 53a-61, stalking under section 53a-181d, threatening under section 53a-62, harassment under section 53a-183, criminal violation of a protective order under section 53a-223, criminal violation of a restraining order under section 53a-223b, or criminal trespass under section 53a-107 or 53a-108, (B) been convicted in any other state of any crime the essential elements of which are substantially the same as any of the crimes enumerated in subparagraph (A) of this subdivision, or (C) been released from incarceration with respect to such conviction.
Sec. 42. Subsection (f) of section 54-36o of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(f) The proceeds from any sale of property under subsection (e) of this section shall be applied: (1) To payment of the balance due on any lien preserved by the court in the forfeiture proceedings; (2) to payment of any costs incurred for the storage, maintenance, security and forfeiture of such property; and (3) to payment of court costs. The balance, if any, shall be deposited in the privacy protection guaranty and enforcement account established under section 42-472a.
Sec. 43. Subsection (a) of section 12-3b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) There is created an Abatement Review Committee which shall consist of the State Comptroller or an employee of the office of the State Comptroller designated by said Comptroller, the Secretary of the Office of Policy and Management or an employee of the Office of Policy and Management [designed] designated by said secretary and the Commissioner of Revenue Services or an employee of the Department of Revenue Services designated by said commissioner. Said committee shall meet monthly or as often as necessary to approve any abatement, in whole or in part, of tax, including any penalty or interest payable in connection therewith, which the Commissioner of Revenue Services or the executive director of the Division of Special Revenue is authorized to abate pursuant to any provision of the general statutes. A majority vote of the committee shall be required for approval of such abatement.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
from passage |
1-2b |
Sec. 2 |
from passage |
1-4 |
Sec. 3 |
from passage |
1-6 |
Sec. 4 |
from passage |
1-65bb |
Sec. 5 |
from passage |
2-8(c) |
Sec. 6 |
from passage |
2-11 |
Sec. 7 |
from passage |
2-15 |
Sec. 8 |
from passage |
2-53g(a) |
Sec. 9 |
from passage |
2-54 |
Sec. 10 |
from passage |
2-54a |
Sec. 11 |
from passage |
2-120(g) |
Sec. 12 |
from passage |
2-121(f) |
Sec. 13 |
from passage |
2-122(f) |
Sec. 14 |
from passage |
2c-3 |
Sec. 15 |
from passage |
2c-21 |
Sec. 16 |
from passage |
3-110i |
Sec. 17 |
from passage |
3-123h(a) |
Sec. 18 |
from passage |
4a-62(b) |
Sec. 19 |
from passage |
8-30g(f) and (g) |
Sec. 20 |
from passage |
9-19e |
Sec. 21 |
from passage |
9-164(b) |
Sec. 22 |
from passage |
9-453b |
Sec. 23 |
from passage |
10-183ff(f) |
Sec. 24 |
July 1, 2011 |
12-412(82) |
Sec. 25 |
from passage |
14-181(a) |
Sec. 26 |
from passage |
14-283b(c) |
Sec. 27 |
from passage |
15-101mm(b) |
Sec. 28 |
from passage |
16a-4c(b)(2) |
Sec. 29 |
from passage |
17b-420(f) |
Sec. 30 |
from passage |
29-2a |
Sec. 31 |
from passage |
32-9cc(b) |
Sec. 32 |
from passage |
34-33e(c) |
Sec. 33 |
from passage |
36a-573(c) |
Sec. 34 |
from passage |
45a-644(a) and (b) |
Sec. 35 |
from passage |
46a-1(b) |
Sec. 36 |
from passage |
46a-126(b) |
Sec. 37 |
from passage |
46b-38c(c) |
Sec. 38 |
from passage |
46b-133a(a) |
Sec. 39 |
from passage |
51-51l(e) |
Sec. 40 |
from passage |
51-81b(g) |
Sec. 41 |
from passage |
53a-40d(a) |
Sec. 42 |
from passage |
54-36o(f) |
Sec. 43 |
October 1, 2011 |
12-3b(a) |
JUD |
Joint Favorable Subst. |