Bill Text: CT SB01502 | 2015 | General Assembly | Introduced
Bill Title: An Act Implementing Provisions Of The State Budget For The Biennium Ending June 30, 2017, Concerning General Government, Education, Health And Human Services And Bonds Of The State.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2015-07-20 - Transmitted to the Secretary of State [SB01502 Detail]
Download: Connecticut-2015-SB01502-Introduced.html
General Assembly |
Bill No. 1502 | ||
June Special Session, 2015 |
LCO No. 9647 | ||
*09647__________* | |||
Referred to Committee on No Committee |
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Introduced by: |
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SEN. LOONEY, 11th Dist. SEN. DUFF, 25th Dist. REP. SHARKEY, 88th Dist. REP. ARESIMOWICZ, 30th Dist. |
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AN ACT IMPLEMENTING PROVISIONS OF THE STATE BUDGET FOR THE BIENNIUM ENDING JUNE 30, 2017 CONCERNING GENERAL GOVERNMENT, EDUCATION AND HEALTH AND HUMAN SERVICES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective July 1, 2015) (a) There is hereby established and created a body politic and corporate, constituting a public instrumentality and political subdivision of the state of Connecticut established and created for the performance of an essential public and governmental function, to be known as the Connecticut Port Authority. The authority shall not be construed to be a department, institution or agency of the state.
(b) The powers of the authority shall be vested in and exercised by a board of directors, which shall consist of fifteen voting members as follows: (1) The State Treasurer, or the Treasurer's designee, the Commissioner of Energy and Environmental Protection, or the commissioner's designee, the Commissioner of Transportation, or the commissioner's designee, the Commissioner of Economic and Community Development, or the commissioner's designee, and the Secretary of the Office of Policy and Management, or the secretary's designee, all of whom shall serve ex officio; (2) one appointed by the speaker of the House of Representatives for a term of four years; (3) one appointed by the majority leader of the House of Representatives for a term of two years; (4) one appointed by the minority leader of the House of Representatives for a term of two years; (5) one appointed by the president pro tempore of the Senate for a term of four years; (6) one appointed by the majority leader of the Senate for a term of two years; (7) one appointed by the minority leader of the Senate for a term of four years; and (8) four appointed by the Governor, two for a term of four years and two for a term of two years. Thereafter, said members of the General Assembly and the Governor shall appoint members of the board to succeed such appointees whose terms expire and each member so appointed shall hold office for a period of four years from the first day of July in the year of his or her appointment. Appointed members shall include: (A) Individuals who have experience and expertise in one or more of the following areas: (i) International trade; (ii) marine transportation; (iii) finance; or (iv) economic development; (B) one member or employee of a local port authority; (C) one elected or appointed municipal official from a coastal municipality with a population not greater than one hundred thousand; and (D) one elected or appointed municipal official from a coastal community with a population not greater than fifty thousand. The board of directors shall select the chairperson from among the members of the board, who shall serve for a term of four years. The board of directors shall select a vice-chairperson from among its members and such other officers as it deems necessary.
(c) No appointed member of the board of directors may designate a representative to perform his or her respective duties under this section in such member's absence. Any appointed member who fails to attend three consecutive meetings of the board or who fails to attend fifty per cent of all meetings of the board held during any calendar year shall be deemed to have resigned from the board. Any vacancy occurring other than by expiration of term shall be filled not later than thirty days following the occurrence of such vacancy in the same manner as the original appointment for the balance of the unexpired term. The appointing authority for any member may remove such member for inefficiency, neglect of duty or misconduct in office after giving the member a copy of the charges against the member and an opportunity to be heard, in person or by counsel, in the member's defense, upon not less than ten days' notice. If any member shall be so removed, the appointing authority for such member shall file in the office of the Secretary of the State a complete statement of charges made against such member and the appointing authority's findings on such statement of charges, together with a complete record of the proceedings.
(d) The members of the board of directors shall appoint an executive director of the authority who shall not be a member of the board and shall serve at the pleasure of the board and receive such compensation as shall be fixed by the board. The executive director shall: (1) Be the chief administrative officer of the authority and direct and supervise administrative affairs and technical activities in accordance with the directives of the board; (2) approve all accounts for salaries, allowable expenses of the authority or of any employee or consultant thereof, and expenses incidental to the operation of the authority; (3) perform such other duties as may be directed by the board in carrying out the purposes of this section; and (4) attend all meetings of the board, keep a record of the proceedings of the authority and maintain and be custodian of all books, documents and papers filed with the authority and of the minute book or journal of the authority and of its official seal. The executive director may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.
(e) Each member of the board of directors shall serve without compensation, but shall be reimbursed for such member's actual and necessary expenses incurred during the performance of such member's official duties.
(f) Members of the board of directors may engage in private employment, or in a profession or business, subject to any applicable laws, rules and regulations of the state regarding official ethics or conflict of interest.
(g) Notwithstanding any provision of the general statutes, it shall not constitute a conflict of interest for a trustee, director, partner or officer of any person, firm or corporation, or any individual having a financial interest in a person, firm or corporation, to serve as a member of the board of directors of the authority, provided such trustee, director, partner, officer or individual shall comply with all applicable provisions of chapter 10 of the general statutes.
(h) Eight members of the board of directors of the authority shall constitute a quorum for the transaction of any business or the exercise of any power of the authority. For the transaction of any business or the exercise of any power of the authority, and except as otherwise provided in this section, the authority may act by a majority of the members present at any meeting at which a quorum is in attendance.
(i) The board may delegate to eight or more members such board powers and duties as it may deem necessary and proper in conformity with the provisions of this section and its bylaws.
(j) The initial members of the board may begin service immediately upon appointment, but shall not serve past the sixth Wednesday of the next regular session of the General Assembly unless qualified in the manner provided in section 4-7 of the general statutes. Thereafter, all appointments shall be made with the advice and consent of both houses of the General Assembly, in the manner provided in section 4-19 of the general statutes.
(k) On or before December fifteenth of each year, the board shall report, in accordance with the provisions of section 11-4a of the general statutes, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to transportation, commerce and the environment, summarizing the authority's activities, disclosing operating and financial statements and recommending legislation to promote the authority's purposes.
(l) Not later than seven days after receiving an audit of the authority conducted by an independent auditing firm, the board shall submit, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, commerce, the environment and transportation a copy of each such audit.
(m) The board shall: (1) Develop and recommend to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to transportation a maritime policy for the state; (2) advise the Governor and such committee concerning the state's maritime policies and operations; (3) support the development of the state's maritime commerce and industries, including its ports and harbors; (4) recommend investments and actions, including dredging, required in order to preserve and enhance maritime commerce and industries; and (5) conduct studies and present recommendations concerning maritime issues.
(n) At least once each year, the board shall hold a public hearing for the purpose of evaluating the adequacy of the state's maritime policies, facilities and support for maritime commerce and industry.
(o) On or before January 1, 2017, and annually thereafter, the board of directors shall submit, in writing, to the Governor (1) a list of projects which, if undertaken by the state, would support the state's maritime policies and encourage maritime commerce and industry; (2) recommendations for improvements to existing maritime policies, programs and facilities; and (3) such other recommendations as the board considers appropriate. Copies of such report shall be submitted to the joint standing committee of the General Assembly having cognizance of matters relating to transportation, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 2. (NEW) (Effective July 1, 2015) (a) The purposes of the Connecticut Port Authority shall be to coordinate the development of Connecticut's ports and harbors, with a focus on private and public investments, pursue federal and state funds for dredging and other infrastructure improvements to increase cargo movement through the ports and maintain navigability of all ports and harbors, market the economic development of such ports and harbors, work with the Department of Economic and Community Development and other state, local and private entities to maximize the economic potential of the ports and harbors, support and enhance the overall development of the state's maritime commerce and industries, coordinate the planning and funding of capital projects promoting the development of the ports and harbors, develop strategic entrepreneurial initiatives that may be available to the state, coordinate the state's maritime policy activities, serve as the Governor's principal maritime policy advisor and undertake such other responsibilities as may be assigned to it. To accomplish the purposes of the authority, the authority shall have the duty and power to:
(1) Have perpetual succession as a body politic and corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business;
(2) Adopt an official seal and alter the same at pleasure;
(3) Maintain an office at such place or places as it may designate;
(4) Sue and be sued in its own name, and plead and be impleaded;
(5) Develop an organizational and management structure that will best accomplish the goals of the authority concerning Connecticut ports and harbors;
(6) Create a code of conduct for the board of directors of the authority consistent with part I of chapter 10 of the general statutes;
(7) Adopt rules for the conduct of its business, which shall not be considered regulations as defined in section 4-166 of the general statutes;
(8) Adopt an annual budget and plan of operations, including a requirement of board approval before the budget or plan may take effect;
(9) Employ such assistants, agents and other employees as may be necessary or desirable to carry out its purposes. (A) The executive director and such employees shall be exempt from the classified service and, except as provided in subparagraph (B) of this subdivision, shall not be employees, as defined in subsection (b) of section 5-270 of the general statutes. The authority shall fix appropriate compensation for such employees and establish all necessary or appropriate personnel practices and policies, including those relating to hiring, promotion, compensation, retirement and collective bargaining, which need not be in accordance with chapter 68 of the general statutes, and the authority shall not be an employer, as defined in subsection (a) of section 5-270 of the general statutes, and may engage consultants, attorneys and appraisers as may be necessary or desirable to carry out its purposes in accordance with sections 1 to 9, inclusive, of this act. (B) For purposes of group welfare benefits and retirement, including, but not limited to, those provided under chapter 66 of the general statutes and sections 5-257 and 5-259 of the general statutes, the officers and all other employees of the authority shall be state employees. The authority shall reimburse the appropriate state agencies for all costs incurred by such designation; and
(10) Invest in, acquire, lease, purchase, own, manage, hold and dispose of real property and lease, convey or deal in or enter into agreements with respect to such property on any terms necessary or incidental to carrying out the purposes of sections 1 to 9, inclusive, of this act, provided such transactions shall not be subject to approval, review or regulation by any state agency pursuant to title 4b of the general statutes or any other provision of the general statutes, except the authority shall not convey fee simple ownership in any property associated with the ports or harbors under its jurisdiction and control without the approval of the State Properties Review Board and the Attorney General.
(b) The authority shall continue as long as it has bonds or other obligations outstanding and until its existence is terminated by law, provided no such termination shall affect any outstanding contractual obligation of the authority and the state shall succeed to the obligations of the authority under any contract. Upon the termination of the existence of the authority, all its rights and properties shall pass to and be vested in the state of Connecticut.
Sec. 3. (NEW) (Effective July 1, 2016) (a) The Connecticut Port Authority may authorize the issuance of bonds in one or more series and in principal amounts necessary to carry out the purposes of sections 1 to 9, inclusive, of this act. Such bonds shall be payable from all or a portion of the revenues of the ports and harbors of the state as may be specified in the proceedings authorizing such bonds, and may include, among other types of bonds, special purpose revenue bonds payable solely from revenues derived from special purpose facilities and bonds payable from particular sources of revenues. The authority may request such assistance from the Treasurer as may be necessary or desirable for the issuance by the authority of bonds to finance such projects and other improvements. The expense of such assistance shall be payable from the proceeds of such bonds and the State Treasurer may provide such assistance. The authority may appoint a finance or other committee of the board or one or more officers or employees to serve as the board's authorized delegate in connection with the issuance of bonds pursuant to this section.
(b) Bonds issued pursuant to this section shall be obligations of the authority and shall neither be payable from nor charged upon any funds other than the revenues of the authority pledged to the payment thereof, nor shall the state or any political subdivision thereof be subject to any liability thereon except to the extent of such pledged revenues. The issuance of bonds under the provisions of this section and sections 4 to 6, inclusive, of this act shall not directly or indirectly or contingently obligate the state or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. The bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the state or of any political subdivision thereof, except the property of the authority or the state mortgaged or otherwise encumbered under the provisions and for the purposes of sections 1 to 9, inclusive, of this act. The substance of such limitation shall be plainly stated on the face of each bond. Bonds issued pursuant to this section and sections 4 to 6, inclusive, of this act shall not be subject to any statutory limitation on the indebtedness of the state and such bonds, when issued, shall not be included in computing the aggregate indebtedness of the state in respect to and to the extent of any such limitation.
(c) The bonds referred to in this section may be executed and delivered at such time or times, shall be dated, shall bear interest at such rate or rates, including variable rates to be determined in such manner as set forth in the proceedings authorizing the issuance of the bonds, provide for payment of interest on such dates, whether before or at maturity, shall mature at such time or times not exceeding thirty years from their date, have such rank or priority, be payable in such medium of payment, be issued in coupon, registered or book entry form, carry such registration and transfer privileges and be subject to purchase or redemption before maturity at such price or prices and under such terms and conditions, including the condition that such bonds be subject to purchase or redemption on the demand of the owner thereof, all as may be determined by the authority. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, the manner of execution of the bonds, the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the state. Prior to the preparation of definitive bonds, the authority may, under like restrictions, provide for the issuance of interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds have been executed and are available for delivery. If any of the officers whose signatures appear on the bonds or coupons cease to be officers before the delivery of any such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if they had remained in office until delivery.
(d) Any bonds issued under the authority of this section and sections 4 to 6, inclusive, of this act may be sold at public sale on sealed proposals or by negotiation in such manner, at such price and at such time or times as may be determined by the authority. The authority may pay from the proceeds of the bonds all costs and expenses which the authority may deem necessary or advantageous in connection with the authorization, sale and issuance thereof, including the cost of interest on any short-term financing authorized under subsection (b) of section 4 of this act.
(e) The principal of and interest on any bonds issued pursuant to this section shall be secured by a pledge of the revenues out of which such bonds shall be made payable. They may be secured by a mortgage covering all or any part of the project from which the revenues so pledged may be derived or by a pledge of one or more leases, sale contracts or loan agreements with respect to such project or by a pledge of one or more notes, debentures, bonds or other secured or unsecured debt obligations of any lessee or contracting party under a loan agreement or sale contract or by a pledge of reserve and sinking funds established pursuant to the resolution authorizing the issuance of the bonds and any other funds and accounts, including proceeds from investment of any of the foregoing, established pursuant to this chapter or the proceedings authorizing the issuance of such bonds, and by moneys paid under a credit facility, including, but not limited to, a letter of credit or policy of bond insurance, issued by a financial institution pursuant to an agreement authorized by such proceedings.
(f) The proceedings under which the bonds are authorized to be issued pursuant to this section, and any mortgage given to secure the same, may, subject to the provisions of the general statutes, contain any agreements and provisions customarily contained in instruments securing bonds, including, but not limited to: (1) Provisions respecting custody of the proceeds from the sale of the bonds, including their investment and reinvestment until used for the cost of the project; (2) provisions respecting the fixing and collection of rents or payments with respect to the facilities of the ports and harbors of the state and any facility charges; (3) the terms to be incorporated in the lease, sale contract or loan agreement with respect to the project; (4) the maintenance and insurance of the project; (5) the creation, maintenance, custody, investment and reinvestment, and use of the revenues derived from the operation of the ports and harbors of the state; (6) establishment of reserves or sinking funds, and such accounts thereunder as may be established by the authority, and the regulation and disposition thereof; (7) the rights and remedies available in case of a default to the bondholders or to any trustee under any lease, sale contract, loan agreement, mortgage or trust indenture; (8) reimbursement agreements, remarketing agreements, standby bond purchase agreements or similar agreements in connection with obtaining any credit or liquidity facilities including, but not limited to, letters of credit or policies of bond insurance and such other agreements entered into pursuant to section 3-20a of the general statutes; (9) provisions for the issuance of additional bonds on a parity with bonds theretofore issued, including establishment of coverage requirements with respect thereto; (10) covenants to do or to refrain from doing such acts and things as may be necessary or convenient or desirable in order to better secure any bonds or to maintain any federal or state exemption from tax of the interest on such bonds; and (11) provisions or covenants of like or different character from the foregoing which are consistent with the provisions of sections 1 to 9, inclusive, of this act and which the authority determines in such proceedings are necessary, convenient or desirable in order to better secure the bonds or bond anticipation notes, or will tend to make the bonds or bond anticipation notes more marketable, and which are in the best interests of the state. The proceedings under which the bonds are authorized, and any mortgage given to secure the same, may further provide that any cash balances not necessary (A) to pay the cost of maintaining, repairing and operating the facilities of the ports and harbors of the state, (B) to pay the principal of and interest on the bonds as the same shall become due and payable, and (C) to create and maintain reserve and sinking funds as provided in any authorizing resolution or other proceedings shall be deposited into one or more specifically designated working funds to be held in trust by the authority and applied to future debt service requirements or other port authority purposes.
(g) In the discretion of the authority, bonds issued pursuant to this section may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the exercise of its powers pursuant to sections 1 to 9, inclusive, of this act and the custody, safeguarding and application of all moneys. The authority may provide by such trust indenture for the payment of the proceeds of the bonds and the revenues from the operation of the ports and harbors of the state to the trustee under such trust indenture or other depository, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out such trust indenture may be treated as a part of the operating expenses of the applicable project. If the bonds shall be secured by a trust indenture, the bondholders shall have no authority to appoint a separate trustee to represent them.
(h) In connection with the issuance of bonds to finance a project or to refund bonds previously issued by the authority or the state to finance a project, the authority may create and establish one or more reserve funds to be known as special capital reserve funds and may pay into such special capital reserve funds (1) any moneys appropriated and made available by the state for the purposes of such funds, (2) any proceeds of sale of notes or bonds for a project, to the extent provided in the resolution of the authority authorizing the issuance thereof, and (3) any other moneys which may be made available to the authority for the purpose of such funds from any other source or sources. The moneys held in or credited to any special capital reserve fund established under this section, except as hereinafter provided, shall be used solely for the payment of the principal of and interest on, when due, whether at maturity or by mandatory sinking fund installments, on bonds of the authority secured by such capital reserve fund as the same become due, the purchase of such bonds of the authority, the payment of any redemption premium required to be paid when such bonds are redeemed prior to maturity; provided the authority shall have power to provide that moneys in any such fund shall not be withdrawn therefrom at any time in such amount as would reduce the amount of such funds to less than the maximum amount of principal and interest becoming due by reasons of maturity or a required sinking fund installment in the then current or any succeeding calendar year on the bonds of the authority then outstanding or the maximum amount permitted to be deposited in such fund by the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, to permit the interest on said bonds to be excluded from gross income for federal tax purposes and secured by such special capital reserve fund, such amount being herein referred to as the "required minimum capital reserve", except for the purpose of paying such principal of, redemption premium and interest on such bonds of the authority secured by such special capital reserve becoming due and for the payment of which other moneys of the authority are not available. The authority may provide that it shall not issue bonds secured by a special capital reserve fund at any time if the required minimum capital reserve on the bonds outstanding and the bonds then to be issued and secured by the same special capital reserve fund at the time of issuance, unless the authority, at the time of the issuance of such bonds, shall deposit in such special capital reserve fund from the proceeds of the bonds so to be issued, or otherwise, an amount which, together with the amount then in such special capital reserve fund, will be not less than the required minimum capital reserve. On or before December first, annually, there is deemed to be appropriated from the state General Fund such sums, if any, as shall be certified by the chairperson or vice-chairperson of the authority to the Secretary of the Office of Policy and Management and the Treasurer, as necessary to restore each such special capital reserve fund to the amount equal to the required minimum capital reserve of such fund, and such amounts shall be allotted and paid to the authority. For the purpose of evaluation of any such special capital reserve fund, obligations acquired as an investment for any such fund shall be valued at market. Nothing contained in this section shall preclude the authority from establishing and creating other debt service reserve funds in connection with the issuance of bonds or notes of the authority which are not special capital reserve funds. Subject to any agreement or agreements with holders of outstanding notes and bonds of the authority, any amount or amounts allotted and paid to the authority pursuant to this section shall be repaid to the state from moneys of the authority at such time as such moneys are not required for any other of its corporate purposes and in any event shall be repaid to the state on the date one year after all bonds and notes of the authority theretofore issued on the date or dates such amount or amounts are allotted and paid to the authority or thereafter issued, together with interest on such bonds and notes, with interest on any unpaid installments of interest and all costs and expenses in connection with any action or proceeding by or on behalf of the holders thereof, are fully met and discharged. No bonds secured by a special capital reserve fund shall be issued to pay project costs unless the authority is of the opinion and determines that revenues pledged to secure such bonds shall be sufficient to (A) pay the principal of and interest on the bonds issued to finance the project, (B) establish, increase and maintain any reserves deemed by the authority to be advisable to secure the payment of the principal of and interest on such bonds, (C) pay the cost of maintaining the project in good repair and keeping it properly insured, and (D) pay such other costs of the project as may be required. No bonds secured by a special capital reserve fund shall be issued unless the issuance of such bonds is approved by the Treasurer. Notwithstanding any other provision contained in this section, the aggregate amount of bonds secured by the special capital reserve funds authorized to be created and established by this subsection shall not exceed fifty million dollars.
(i) Any pledge made by the authority shall be valid and binding from the time when the pledge is made, and the revenues or property so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act. The lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded.
(j) The authority shall have power out of any funds available therefor to purchase bonds or notes of the authority or the state issued pursuant to this section. The authority may hold, pledge, cancel or resell such bonds, subject to and in accordance with agreements with bondholders.
(k) Whether or not the notes and bonds are of such form and character as to be negotiable instruments under the terms of the Uniform Commercial Code, the notes and bonds are hereby made negotiable instruments within the meaning of and for all purposes of the Uniform Commercial Code, subject only to the provisions of the notes and bonds for registration.
(l) Any moneys held by the authority with respect to the ports and harbors of the state or by a trustee pursuant to a trust indenture, subject to the provisions of such indenture, including proceeds from the sale of any bonds and notes, and revenues, receipts and income from the operation of the ports and harbors of the state may be invested and reinvested in such obligations, securities and other investments, including, without limitation, participation certificates in the Short Term Investment Fund created in section 3-27a of the general statutes, or deposited or redeposited in such bank or banks, all as shall be authorized by the authority in the proceedings authorizing the issuance of the bonds and notes.
(m) For the purposes of sections 1 to 9, inclusive, of this act, the costs of the project payable out of the proceeds of bonds issued pursuant to this section shall include: (1) Expenses and obligations incurred for labor and materials in connection with the construction of the project; (2) the cost of acquiring by purchase, if such purchase shall be deemed expedient, and the amount of any award or final judgment in any proceedings to acquire by condemnation, such land, property rights, rights-of-way, franchises, easements and other interests in land as may be deemed necessary or convenient in connection with such construction or with the operation of the project, and the amount of any damages incident thereto; (3) the costs of all machinery and equipment acquired in connection with the project; (4) reserves for the payment of the principal of and interest on any notes and bonds issued pursuant to this section and interest accruing on any such notes, during construction of the project and for six months after completion of such construction; (5) initial working capital, expenses of administration properly chargeable to the construction or acquisition of the project, legal, architectural and engineering expenses and fees, costs of audits, costs of preparing and issuing any notes and bonds pursuant to this section; and (6) all other items of expense not elsewhere specified incident to the planning, acquisition and construction of the project or of the placing of the same in operation.
(n) For purposes of sections 1 to 9, inclusive, of this act, the term "project" shall refer to the renovations and improvements to be acquired and constructed at the ports and harbors of the state as may be specified from time to time by the board in a resolution as contemplated by subsection (a) of this section.
Sec. 4. (NEW) (Effective July 1, 2016) (a) Any bonds issued by the authority under sections 3 to 6, inclusive, of this act and at any time outstanding may at any time be refunded by the authority by the issuance of its refunding bonds in such amounts as the authority may deem necessary, but not exceeding an amount sufficient to refund the principal of the bonds to be so refunded, any unpaid interest thereon and any premiums, related termination payments and commissions necessary to be paid in connection therewith and to pay costs and expenses which the authority may deem necessary or advantageous in connection with the authorization, sale and issuance of refunding bonds. Any such refunding may be effected whether the bonds to be refunded shall have matured or shall thereafter mature. All refunding bonds issued hereunder shall be payable and shall be subject to and may be secured in accordance with the provisions of section 3 of this act.
(b) Whenever the authority has adopted a resolution authorizing bonds pursuant to section 3 of this act, the authority may, pending the issue of such bonds, issue temporary notes and any renewals thereof in anticipation of the proceeds from the sale of such bonds, which notes and any renewals thereof shall be designated "Bond Anticipation Notes". Such portion of the proceeds from the sale of such bonds as may be so required shall be applied to the payment of the principal of and interest on any such bond anticipation notes which have been issued. The principal of and interest on any bond anticipation notes issued pursuant to this subsection may be repaid from pledged revenues or other receipts, funds or moneys pledged to the repayment of the bonds in anticipation of which the bond anticipation notes are issued, to the extent not paid from the proceeds of renewals thereof or of the bonds.
Sec. 5. (NEW) (Effective July 1, 2016) (a) It is hereby determined that the purposes of sections 1 to 9, inclusive, of this act are public purposes and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it hereunder. The state covenants with the purchasers and all subsequent holders and transferees of notes and bonds issued by the authority under sections 3 to 6, inclusive, of this act in consideration of the acceptance of and payment for the notes and bonds, that the principal and interest of such notes and bonds shall at all times be free from taxation, except for estate and gift taxes, imposed by the state or by any political subdivision thereof but the interest on such notes and bonds shall be included in the computation of any excise or franchise tax. The authority is authorized to include this covenant of the state in any agreement with the holder of such notes or bonds. Any notes or bonds issued by the authority pursuant to sections 3 to 6, inclusive, of this act may be issued on a basis that provides that the interest thereon is intended to be exempt or not to be exempt from federal income taxation, as may be determined by the authority.
(b) Bonds issued under the authority of sections 3 to 6, inclusive, of this act are hereby made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, credit unions, building and loan associations, investment companies, banking associations, trust companies, executors, administrators, trustees and other fiduciaries and pension, profit-sharing and retirement funds may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is now or may hereafter be authorized by law.
Sec. 6. (NEW) (Effective July 1, 2016) The state of Connecticut does hereby pledge to and agree with the holders of any bonds and notes issued under this section and sections 3 to 5, inclusive, of this act and with those parties who may enter into contracts with the authority pursuant to the provisions of sections 1 to 9, inclusive, of this act that the state will not limit or alter the rights hereby vested in the authority until such obligations, together with the interest thereon, are fully met and discharged and such contracts are fully performed on the part of the authority, provided nothing contained herein shall preclude such limitation or alteration if and when adequate provision shall be made by law for the protection of the holders of such bonds and notes of the authority or those entering into such contracts with the authority. The authority is authorized to include this pledge and undertaking for the state in such bonds and notes or contracts.
Sec. 7. (Effective July 1, 2016) The exercise of the powers granted by sections 1 to 9, inclusive, of this act shall be in all respects for the benefit of the people of the state, for the increase of their commerce, welfare and prosperity, and as the improvement of their infrastructure, navigability and transportation systems by the authority or its agent shall constitute the performance of an essential public function, neither the authority nor its agent shall be required to pay any taxes or assessments, including mortgage recording taxes, upon or with respect to any property acquired or used by the authority or its agent under the provisions of sections 1 to 9, inclusive, of this act or upon the income therefrom. On and before June 30, 2018, property and facilities owned by the authority shall be deemed to be state-owned real property for purposes of sections 12-19a and 12-19b of the general statutes, and the state shall make grants in lieu of taxes with respect to such property and facilities to the municipality in which such property and facilities are located as provided by said sections 12-19a and 12-19b.
Sec. 8. (Effective July 1, 2015) The Department of Economic and Community Development and the Connecticut Port Authority established pursuant to section 1 of this act may enter into a memorandum of understanding pursuant to which: (1) Administrative support and services, including all staff support necessary for the operations of the authority may be provided by the department, and (2) provision is made for the coordination of management and operational activities that may include: (A) Joint procurement and contracting; (B) the sharing of services and resources; (C) the coordination of promotional activities; and (D) other arrangements designed to enhance revenues, reduce operating costs or achieve operating efficiencies. The terms and conditions of such memorandum of understanding, including provisions with respect to the reimbursement by the authority to the department of the costs of such administrative support and services, shall be as the authority and the department determine to be appropriate. Such memorandum of understanding shall terminate as of June 30, 2018.
Sec. 9. (NEW) (Effective July 1, 2015) (a) The Connecticut Port Authority and the Commissioner of Transportation shall enter into one or more memoranda of understanding that will facilitate the authority's governance of the ports and harbors of the state, and provide for an orderly transition and transfer of ownership, jurisdiction or authority to control, operate and maintain such ports and harbors from the Department of Transportation to the authority. Such memoranda of understanding shall include, but not be limited to: (1) Those assets, funds and accounts, contracts and liabilities, powers and duties associated with the ports and harbors of the state that will be transferred to the authority, whether by deed, lease, management contract, agency agreement, assignment or assumption, and the manner of such transfer; (2) the time or times when such transfers shall be effective; and (3) the reimbursement to the state for the services provided under any memorandum of understanding. The memoranda of understanding shall provide for the lease, assignment or transfer of ownership, jurisdiction or authority to control the ports and harbors, together with all assets, funds and accounts, contracts and liabilities, powers and duties and the manner and timing of any such lease, assignment or transfer. The authority, from time to time, shall advise the Department of Transportation of its readiness to accept any such lease, assignment or transfer in accordance with such memoranda of understanding, and such leases, assignments or transfers shall not be unreasonably delayed or withheld. If any bonds or other obligations issued under any provision of the general statutes for projects or purposes relating to ports and harbors remain outstanding, the Treasurer shall also be party to any such memorandum of understanding. Once any such power, duty, asset, fund or account, contract or liability shall have been transferred to the authority, the commissioner shall not thereafter exercise any such power, perform such duty or take action with respect to any such asset, fund or account, contract or liability.
(b) No memorandum of understanding entered into between the authority, the commissioner and the Treasurer, if applicable, shall provide for any powers to be ceded to the authority, any duties to be assumed by the authority or any transfer of assets, funds or accounts, contracts or liabilities to the authority if such cession, assumption or transfer shall contravene any contract now extant between the state and any other party including, without limitation, any bonds or other obligations issued pursuant to any provision of the general statutes for projects or purposes relating to ports and harbors or any trust indenture or other agreement with respect to such bonds or other obligations. The Treasurer, the commissioner and the authority, and each of them, shall enter into such agreements, amendments, consents, assignments, supplemental indentures and other documents and instruments necessary to provide for such cession, assumption or transfer. The authority may, with the consent and approval of the Treasurer, assume the obligations of the state as issuer of any bonds, notes or other obligations issued under any provision of the general statutes for projects or purposes relating to ports and harbors that remain outstanding, and thereafter to indemnify and release the state from all liability and expense relating to such obligations. Any such assumption by the authority and release of the state shall be subject to the terms and provisions of any indenture securing such bonds, notes or other obligations of the state and approval of the State Bond Commission.
(c) The authority shall further do all acts and things necessary by federal or state law, rule or regulation or relevant contractual requirements to effect the lease, assignment or transfer of ownership, jurisdiction or authority to control, operate and maintain the ports and harbors of the state in the manner deemed by the authority to be in its best interests whether by deed, lease, management contract, agency agreement, assignment or assumption, all to the extent contemplated by such memoranda of understanding. The Department of Transportation shall receive no compensation in consideration of any such leases, assignments or transfers. Upon satisfaction of all such requirements, the authority, from time to time, shall notify the Department of Transportation of its readiness to accept such leases, assignments or transfers with respect to the ports and harbors of the state and all documents and contracts necessary to effect such leases, assignments or transfers shall be executed.
Sec. 10. Subsection (a) of section 2 of public act 14-222 is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) There is established a Port Authority Working Group. Such working group shall prepare and submit recommendations to the Department of Economic and Community Development on the powers and duties of the board of directors of the Connecticut Port Authority, established pursuant to section 1 of [this act] public act 14-222, regarding: (1) Employment and personnel practices and policies, including those relating to hiring, promotion, compensation, retirement and collective bargaining; (2) issuance of bonds; (3) authority to acquire, lease, purchase, own, manage, hold and dispose of personal and real property; (4) authority to make and enter into contracts and agreements; and (5) any other powers, duties or functions of the Connecticut Port Authority. The Port Authority Working Group shall terminate on [October 1, 2015] July 1, 2015.
Sec. 11. Section 3 of public act 14-222 is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) The Commissioner of Economic and Community Development, after consultation with the Commissioner of Transportation, the Commissioner of Energy and Environmental Protection, the Secretary of the Office of Policy and Management and the Port Authority Working Group established pursuant to section 2 of [this act] public act 14-222, shall, within available appropriations, (1) develop a plan to transition the maritime functions of the Department of Transportation to the Connecticut Port Authority; (2) review and make recommendations for state policies that affect Connecticut's ports; (3) coordinate state, regional and local efforts to encourage the growth of Connecticut's ports; (4) develop a plan to transition the functions of the Connecticut Maritime Commission to the Connecticut Port Authority after the establishment of the Connecticut Port Authority; (5) develop a plan concerning the bonding authority of the Connecticut Port Authority; (6) develop a proposed business and operating plan for the consideration of the board of directors of the Connecticut Port Authority upon its creation; and (7) prepare and submit, on or before March 1, 2015, a report of activities, findings and recommendations concerning the establishment of the Connecticut Port Authority to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to commerce, transportation and the environment, in accordance with the provisions of section 11-4a of the general statutes.
(b) On and after July 1, 2015, no further actions shall be required pursuant to this section.
Sec. 12. Section 13b-51 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
[The commissioner] The Connecticut Port Authority shall have jurisdiction over the harbors [and navigable waterways] of the state, with all the powers and duties prescribed in this chapter [, in title 15,] and as otherwise provided by law. The powers and duties of all existing harbor boards or boards of harbor commissioners under either the general statutes or special acts of this state shall be vested in the [commissioner] Commissioner of Energy and Environmental Protection but all such boards shall continue [in the department] to assist the commissioner in an advisory capacity, and to perform such duties as [he] the commissioner may delegate to them. Harbor masters and deputy harbor masters appointed by the Governor under section 15-1 shall be subject to the direction and control of the commissioner, and shall be responsible to [him] the commissioner for the safe and efficient operation of the harbors over which [they] the harbor masters and deputy harbor masters have jurisdiction. Nothing in this chapter shall be construed to limit or in any way derogate from the powers and authority of the Commissioner of Energy and Environmental Protection under title 25.
Sec. 13. Section 13b-53 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
The commissioner and the Connecticut Port Authority may, on behalf of the state, acquire, own, construct, maintain or operate, upon, at or near the seaboard or any navigable waterway, land, or any harbor, wharf, dock, pier, quay, canal, slip or basin, or any appropriate harbor facility, shed, warehouse of any kind, vault, railroad track, yard, terminal or equipment, or such other facility related to the transportation of goods or people by water as [he] the commissioner or the authority, as appropriate, deems necessary to the fulfillment of the purposes of this chapter. The commissioner, with the approval of the State Properties Review Board, the Office of Policy and Management and the Attorney General, may lease or grant any interest at the State Pier in New London or any navigation property owned or under the control of the Department of Transportation to any person and in any manner, as [he] the commissioner deems appropriate, except that after initiating such approval, the commissioner may temporarily lease any such interest with the approval of the Secretary of the Office of Policy and Management. A temporary lease shall be effective only until a final decision is made by the Office of Policy and Management, the State Properties Review Board and the Attorney General. Leases of land of the state shall be for periods determined by the commissioner with the approval of the State Properties Review Board and may provide for the construction of buildings on the land. The commissioner or the authority, as appropriate, may confer the privilege of concessions of supplying, upon such facilities, goods, commodities, service and facilities.
Sec. 14. Section 13b-55a of the general statutes, as amended by section 8 of public act 14-222, is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
(a) In addition to municipal requests for a grant-in-aid pursuant to section 13b-57, as amended by this act, harbor improvement projects may be initiated by the [Commissioner of Transportation] Connecticut Port Authority on behalf of the state or for the state on behalf of the federal government. Recommendations on the prioritization or inclusion of projects shall be submitted to the [commissioner by the Connecticut Port Authority] board of directors of the authority by the executive director of the authority. The [department] authority shall contract for the provision of goods and services to harbors and waterways for such improvements, and shall provide the funding required under such contracts, except that the [commissioner] authority may enter into agreements with other state agencies or municipalities for such agencies or municipalities to provide the funding for any of such contracts. The [department] authority shall administer all contracts entered into under this section.
(b) All contracts are subject to final negotiation of the scope and budget for a given project. Contracting periods may vary depending on each project. Payments shall be made on a reimbursement basis for deliverables completed no later than the dates of service of an executed contract. Appropriate back-up information shall be included with each payment request indicating that services have been rendered. The [department] authority may elect to provide part or all of the funds necessary as an upfront payment, provided funds are held in a separate, noninterest bearing account and are expended not later than sixty days after such funds are provided.
(c) Harbor improvement projects include the preparation of plans, studies and construction for the alteration and improvement of various state, municipal and other properties in or adjacent to the waters of the state, for the purpose of improving the economy and infrastructure of the state.
Sec. 15. Section 13b-55b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
(a) There is established an account to be known as the "harbor improvement account" which shall be a separate, nonlapsing account within the General Fund. There shall be deposited in the account: (1) The proceeds of notes, bonds or other obligations issued by the state for the purpose of deposit therein and use in accordance with the permissible uses thereof; (2) funds appropriated by the General Assembly for the purpose of deposit therein and [use] used in accordance with the permissible uses thereof; and (3) any other funds required or permitted by law to be deposited in the account. The funds in said account shall be expended by the [Commissioner of Transportation] Connecticut Port Authority for the purpose of initiating harbor improvement projects in accordance with section 13b-55a and for the purposes described in subsection (b) of this section.
(b) The harbor improvement account may be used for federal dredging projects (1) to support, in full or in part, local and state matching requirements for such projects; (2) to cover the incremental costs associated with applicable environmental regulatory requirements or management practices, including beneficial use; and (3) to cover part or all of the costs of such projects in the absence of adequate federal funds. If any account funds are used for the purpose described in subdivision (3) of this subsection, the [commissioner] authority shall pursue reimbursement to the account from the federal government.
Sec. 16. Section 13b-56 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
(a) For the purposes of this section and section 13b-57, as amended by this act, "harbor improvement agency" means any board, commission, agency or department of any municipality designated by the chief executive officer of such municipality and approved by the governing body thereof for the purpose of carrying out a harbor improvement project under this section.
(b) Any municipality may undertake a harbor improvement project, including the development, improvement, construction and installation of berthing areas, channels to berthing areas, sea walls, piers, docks, navigation aids, bridges and other related facilities and structures, pursuant to a harbor improvement plan. The harbor improvement agency may prepare or cause to be prepared a harbor improvement plan, and may approve such plan after (1) obtaining the approval of the planning agency of the municipality, and (2) holding a public hearing thereon, notice of which shall be published at least twice in a newspaper of general circulation in the municipality, the first publication of notice to be not less than two weeks before the date of the public hearing.
(c) Such harbor improvement plan shall include: [(a)] (1) A description of the harbor improvement area and the condition, type and use of the structures and facilities therein; [(b)] (2) the location and extent of the proposed land uses and harbor uses in such area; [(c)] (3) the location and extent of streets and public utilities, facilities and works within the area; [(d)] (4) schedules showing the number of families and businesses to be displaced by the proposed improvement, the method of relocating such families and businesses and the availability of sufficient suitable living accommodations at prices and rentals within the financial means of such families and located within a reasonable distance of the area from which they are displaced; [(e)] (5) present and proposed zoning regulations in the harbor improvement area; [(f)] (6) a description of all land to be acquired and buildings and improvements to be demolished and removed or rehabilitated; [(g)] (7) a description of all improvements to be constructed, installed or made; [(h)] (8) the plan's relationship to definite local objectives; [(i)] (9) financial aspects of the project; and [(j)] (10) a ratio of the costs of the project to the benefits to be derived therefrom.
(d) After approval of the harbor improvement plan by the harbor improvement agency, the plan shall be submitted to the [Commissioner of Transportation] Connecticut Port Authority and the Commissioner of Energy and Environmental Protection and, if approved by [each] the authority and the commissioner, may be adopted by the governing body of the municipality. A harbor development plan may be modified at any time by a harbor improvement agency, provided such modification is consented to in writing by each purchaser or lessee of land in the harbor improvement project affected by such modification, and such modification does not substantially change the plan; otherwise any modification to such plan shall be approved in the same manner as the plan. Any municipality and its harbor improvement agency may exercise, for the purposes of undertaking a harbor improvement project, all the powers and authority granted to a municipality and to a redevelopment agency for the purposes of a redevelopment or urban renewal project pursuant to chapter 130.
Sec. 17. Section 13b-57 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
The state, acting by and in the discretion of the [Commissioner of Transportation] Connecticut Port Authority, may enter into a contract with a municipality, or any federal or state agency acting on behalf of such municipality, for state financial assistance in the form of a state grant-in-aid for a harbor improvement project pursuant to section 13b-55a, provided such project is approved by the [Commissioner of Transportation] authority. Any such application for state financial assistance under this section shall be submitted by the [Commissioner of Transportation] authority to the Commissioner of Energy and Environmental Protection for [his] said commissioner's review. Said [Commissioner of Energy and Environmental Protection] commissioner shall submit a written report to the [Commissioner of Transportation] authority, setting forth [his] said commissioner's findings regarding such application.
Sec. 18. Section 15-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
The Governor shall appoint a harbor master, and may appoint a deputy harbor master, for each of the harbors of New Haven, Norwich, Bridgeport, Stamford, Norwalk, Stonington, New London and Branford, and may appoint a suitable number of harbor masters and deputy harbor masters in any town in this state which has navigable waters within its limits, provided the appointment of a harbor master or deputy harbor master for the harbor of any municipality which has adopted a harbor management plan, pursuant to chapter 444a, shall be made by the Governor from a list of not less than three nominees submitted by the municipality's harbor management commission. Appointments shall be for terms of three years from July first in the year of the appointment and until a successor is appointed and qualified except the term of office of any person appointed before or after July first in any year to a newly created office of harbor master or deputy harbor master shall begin on the day of the appointment and expire on July first next succeeding the completion of the person's third full year in office. Any appointment to fill a vacancy shall be for the remainder of the term of the original appointee and until a successor is appointed and qualified. Harbor masters shall have the general care and supervision of the harbors and navigable waterways over which they have jurisdiction, subject to the direction and control of the Commissioner of [Transportation] Energy and Environmental Protection, and shall be responsible to the commissioner for the safe and efficient operation of such harbors and navigable waterways in accordance with the provisions of this chapter. The harbor masters or deputy harbor masters shall exercise their duties in a manner consistent with any harbor management plan adopted pursuant to section 22a-113m for a harbor over which they have jurisdiction. The commissioner may delegate any of his powers and duties under this chapter to such harbor masters or to any existing board of harbor commissioners, but shall at all times be vested with responsibility for the overall supervision of the harbors and navigable waterways of the state.
Sec. 19. Section 15-7 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
(a) The harbor master shall have the general care and supervision of Bridgeport Harbor and its tidewaters and its rivers and of all the flats and lands flowed thereby, and all other tidewaters, flats and rivers which are within the city limits of said city but are not adjacent to said harbor in order to limit, prevent and abate sources of water pollution, to prevent or remove any unauthorized encroachment and other obstruction which is likely to interfere with the full navigation of said harbor, or in any way injure its channels or cause any reduction in its tidewaters, or prevent, abate or remove any unauthorized landfills upon or affecting the tidewaters located within the city limits of Bridgeport. The harbor master shall exercise his responsibility in a manner consistent with any harbor management plan for the Bridgeport Harbor adopted pursuant to section 22a-113m.
(b) Each person who contemplates the building over said harbor and tidewaters of any bridge, wharf, pier dam or bulkheads, or the dredging or filling in of any flats or tidewaters, or the driving or placement of any piles, dolphins or bumpers below high-water mark shall, before beginning such work, give written notice upon forms provided by said master of his intention to do such work to the Commissioner of [Transportation] Energy and Environmental Protection and to said harbor master and shall submit plans or drawings of any proposed wharf or any other structure, and of the flats to be dredged or filled, and of the mode in which the work is to be performed; and no such work shall be commenced until the plan or drawing and the mode of performing the same is approved in writing by the commissioner. The commissioner may reject or alter such plans at his discretion and prescribe the direction, limits and mode of building of the wharf and other structures, and all such works shall be executed under the supervision of the commissioner and the harbor master.
(c) Any erection made or work done in any manner not sanctioned by said commissioner, when his direction is required as hereinbefore provided, shall be deemed a public nuisance. Said commissioner may order suits in the name of the city and prevent or stop or abate, by injunction or otherwise, any such erection or other nuisance and such suits shall be conducted by and at the expense of the city of Bridgeport.
(d) Any person aggrieved by any action taken or order issued by said commissioner under authority of this section may within thirty days appeal to the superior court for the judicial district of Fairfield and said court shall take such action in the premises as equity may require.
(e) Any person who violates or assists in violating any of the provisions of subsection (b) of this section or any direction or order of the commissioner made pursuant thereto shall be guilty of a class C misdemeanor.
Sec. 20. Section 15-9 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
(a) When the master or owner of any vessel lying within the navigable waters of this state, or the person having the same in charge, wilfully neglects or refuses to obey the order of any harbor master performing his duties under the provisions of this chapter, such harbor master may cause such vessel to be removed at the expense of the owner. Any such master, owner or person in violation of this section shall be deemed to have committed an infraction and shall be fined eighty-five dollars.
(b) A harbor master may notify any officer attached to an organized police department or any state police officer that a master or owner of a vessel is in violation of the provisions of subsection (a) of this section. Any such officer may remove and take such vessel into custody and shall give written notice by certified mail to the owner or master of such vessel, if known, which notice shall state (1) that the vessel has been taken into custody and stored, (2) the location of storage of the vessel, (3) that such vessel may be sold after fifteen days if the market value of such vessel does not exceed five hundred dollars or after ninety days if the value of such vessel exceeds five hundred dollars, and (4) that the owner has a right to contest the validity of such taking by application, on a form prescribed by the Commissioner of [Transportation] Energy and Environmental Protection, to the hearing officer named in such notice within ten days from the date of such notice. Such application forms shall be made readily available to the public at all offices of the Department of [Transportation] Energy and Environmental Protection and at all state and local police departments.
(c) The chief executive officer of each town may appoint a suitable person, who shall not be a member of any state or local police department, to be a hearing officer to hear applications to determine whether or not the taking was authorized under the provisions of this section. Two or more towns may join in appointing such officer; provided any such hearing shall be held at a location which is as near to the town where such vessel was located as is reasonable and practicable. The commissioner shall establish by regulation the qualifications necessary for hearing officers and procedures for the holding of such hearings. If it is determined at such hearing that the owner or master was in violation of subsection (a) of this section, the owner or master of such vessel shall be liable for any expenses incurred as a result of such removal, or the costs and expenses incident to such removal, including legal expenses and court costs incurred in such recovery. If it is determined at such hearing that the owner or master was not in violation of subsection (a) of this section, the owner or master of such vessel shall not be liable for any expenses incurred as a result of such removal or for the costs and expenses incident to such removal, including legal expenses and court costs incurred in such recovery. Any person aggrieved by the decision of such hearing officer may, within fifteen days of the notice of such decision, appeal to the superior court for the judicial district wherein such hearing was held.
(d) The state or local police department which has custody of the removed vessel shall have the power to sell such vessel at public auction in accordance with the provisions of this section. The state or local police department shall apply the avails of such sale toward the payment of its charges, any storage charges and the payment of any debt or obligation incurred by the officer who placed the same in storage. Such sale shall be advertised in a newspaper published or having a circulation in the town where such vessel is stored or other place is located three times, commencing at least five days before such sale; and, if the last place of abode of the owner of such vessel is known to or may be ascertained by the state or local police by the exercise of reasonable diligence, notice of the time and place of sale shall be given him by mailing such notice to him in a registered or certified letter, postage paid, at such last usual place of abode, at least five days before the time of sale. The state or local police department shall report the sales price, storing and towing charges, if any; buyer's name and address; identification of the vessel and such other information as may be required in regulations which shall be adopted by the Commissioner of [Transportation] Energy and Environmental Protection in accordance with the provisions of chapter 54, to the commissioner within fifteen days after the sale of the vessel. The proceeds of such sale, after deducting the amount due for any storage and all expenses connected with such sale, including the expenses of the officer who placed such vessel in storage, shall be paid to the owner of such vessel or his legal representatives, if claimed by him or them at any time within one year from the date of such sale. If such balance is not claimed within said period, it shall escheat to the municipality from which the vessel was removed. If the expenses incurred by the municipality for such removal and towing and the sale of such vessel and any fines exceed the proceeds of such sale, the owner of the vessel shall be liable for such excess amount. A vessel may not be sold in accordance with the provisions of this section until: (1) The expiration of the time period under subdivision (3) of subsection (b) of this section and (2) a final decision has been rendered in connection with an application filed pursuant to subdivision (4) of subdivision (b) of this section.
(e) The Commissioner of [Transportation] Energy and Environmental Protection shall adopt regulations in accordance with the provisions of chapter 54, to carry out the provisions of this section.
Sec. 21. Section 15-11a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
(a) A duly authorized harbor master shall determine whether a vessel is a derelict vessel. Upon such determination, the Commissioner of [Transportation] Energy and Environmental Protection, such harbor master or a duly authorized representative of a municipality may cause such derelict vessel to be removed at the expense of any owner, agent or operator of such derelict vessel and may recover the expense of such removal, together with the costs and expenses incident to such removal, including legal expenses and court costs incurred in such recovery, from the owner, agent or operator of such vessel in an action founded upon this section. The last owner of record of such vessel shall be responsible for such vessel. [After consultation with the Commissioner of Transportation, the] The Commissioner of Energy and Environmental Protection may consider any such vessel to be an encroachment subject to the provisions of sections 22a-359 to 22a-363f, inclusive.
(b) Prior to removing and taking such derelict vessel into custody, the Commissioner of [Transportation] Energy and Environmental Protection, a duly authorized harbor master or a duly authorized representative of a municipality shall make a reasonable attempt to notify the owner, agent or operator of the vessel and shall allow such owner, agent or operator to make arrangements for removal of the vessel. Such notification shall inform the owner, agent or operator that, pursuant to this section, if the vessel is not removed within twenty-four hours of notification, it shall be removed, taken into custody and stored at the owner's, agent's or operator's expense.
(c) Prior to removing a derelict vessel, the Commissioner of [Transportation] Energy and Environmental Protection, a duly authorized harbor master or a duly authorized representative of a municipality shall affix to such vessel a readily visible notification sticker. The notification sticker shall contain the following information: (1) The date and time the notification sticker was affixed to the vessel, (2) a statement that, pursuant to this section, if the vessel is not removed within twenty-four hours of the time the sticker was affixed, it shall be taken into custody and stored at the owner's expense, (3) the location and telephone number where additional information may be obtained, and (4) the identity of the person who affixed the sticker.
(d) If the derelict vessel is not removed by the owner, agent or operator within the time period provided in subsection (c) of this section, the Commissioner of [Transportation] Energy and Environmental Protection, a duly authorized harbor master or a duly authorized representative of a municipality may direct that such vessel be removed and taken into custody and may cause the same to be stored in a suitable place.
(e) If a derelict vessel is removed and taken into custody pursuant to subsection (d) of this section, the Commissioner of [Transportation] Energy and Environmental Protection, a duly authorized harbor master or a duly authorized representative of a municipality shall give written notice, by certified mail, return receipt requested, to the owner, agent or operator of such vessel, if known, which notice shall state: (1) The vessel has been removed, taken into custody and stored, (2) the location from which the vessel was removed, and (3) that the vessel may be disposed of after fifteen days if the market value of such vessel, as determined by a certified marine surveyor, does not exceed two thousand dollars or that the vessel may be sold after ninety days, pursuant to the provisions of subsection (f) of this section.
(f) Ninety days or more after written notice has been given pursuant to subsection (e) of this section, the Commissioner of [Transportation] Energy and Environmental Protection, a duly authorized harbor master or a duly authorized representative of a municipality may sell a derelict vessel at public auction in accordance with the provisions of this section. The commissioner, harbor master or authorized agent of a municipality shall apply the proceeds of such sale toward the payment of its charges, any storage charges and the payment of any debt or obligation incurred by the commissioner, harbor master or agent who placed the vessel in storage. Such sale shall be advertised twice in a newspaper published or having a circulation in the town where such vessel is stored or is located, commencing at least five days before such sale; and, if the last place of abode of the owner, agent or operator of such vessel is known to or ascertained by the commissioner, harbor master or agent by the exercise of reasonable diligence, notice of the time and place of sale shall be given to such owner, agent or operator by sending such notice to the owner, agent or operator, by certified mail, return receipt requested, at such last place of abode at least five days before the day of the sale. The proceeds of such sale, after deducting any amount due for removal and storage charges and all expenses connected with such sale, shall be paid to the owner, agent or operator of such vessel or the owner's, agent's or operator's legal representatives, if claimed by the owner, agent or operator or the owner's, agent's or operator's legal representative at any time within one year from the date of such sale. If such balance is not claimed within said period, it shall escheat to the municipality from which the vessel was removed. If the expenses incurred by the commissioner, harbor master or agent for such removal and storage and sale of such vessel and any fines exceed the proceeds of such sale, the owner, agent or operator of the vessel shall be liable for such excess expenses.
(g) The Commissioner of [Transportation] Energy and Environmental Protection may require the owner, agent or operator to furnish a performance bond in an amount sufficient to cover the estimated costs of removal as determined by the commissioner.
Sec. 22. Section 15-13 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
(a) The [Commissioner of Transportation] Connecticut Port Authority shall license as many residents of this state and any other state as said [commissioner] authority deems necessary and finds qualified to act as pilots for one year in any of the ports and waters of this state including the Connecticut waters of Long Island Sound. A license shall be denied to any person holding a license or authority under the laws of any other state [which] that does not issue a license or authority to pilots licensed by the [Connecticut Department of Transportation] authority. Except as [hereinafter] provided in this section, no person shall be so licensed unless [he] such person possesses a federal masters license and has procured a federal first class pilot's license of unlimited tonnage issued by the United States Coast Guard covering the sections of the waters of this state for which application is being made to said [commissioner] authority. Each applicant for a license to act as a pilot for any port or waterway of the state including the Connecticut waters of Long Island Sound shall document that [he] such applicant has made the following passages on ocean-going vessels of not less than four thousand gross tons, through the port or waterway for which application is being made during the thirty-six months immediately preceding [his] such application: (1) Twelve round trips on American vessels under enrollment as pilot of record, on which the applicant is not a crew member; or (2) twenty-four round trips as observing pilot on foreign or registered vessels during which the applicant does the piloting work under the supervision and authority of a pilot licensed by this state, provided the applicant possesses a first class pilot's license issued by the United States Coast Guard for the port or waterway; or (3) any combination of the above requirements for trips, substituting two observer trips for each trip as pilot of record.
(b) An extension of route for waters of this state including the Connecticut waters of Long Island Sound, for which application is being made by a pilot currently licensed by the authority for eastern Long Island Sound and at least one of the ports of New London, New Haven or Bridgeport, shall be granted provided the applicant (1) has procured a federal first class pilot's license of unlimited tonnage issued by the United States Coast Guard covering the sections of the waters of this state including the Connecticut waters of Long Island Sound, for which application for an extension of route is being made, and (2) can document that, within the thirty-six months immediately preceding such application, the applicant has made six round trips through the port or waterway for which application is being made as observing pilot on vessels under enrollment or vessels under register subject to compulsory pilotage under sections 15-15 and 15-15c, during which the applicant does the piloting work under the supervision and authority of a pilot licensed by this state.
[(b)] (c) Each pilot shall, upon the granting of [his] a license, pay a fee of thirty dollars to said [commissioner] authority and shall give a bond of one thousand dollars to the [State] Treasurer and [his] the Treasurer's successors in office, with surety, to the acceptance of the [commissioner] authority, conditioned for the faithful performance of his or her duties as a pilot, upon which bond suit may be brought in the name of said Treasurer for the benefit of any person who may suffer loss or damage, by reason of the ignorance, neglect or misconduct of such pilot in the discharge of [his] such pilot's duties. The [commissioner] authority shall increase such fee by fifty per cent July 1, 1985, by an additional fifty per cent effective July 1, 1989, by an additional twenty-five per cent effective July 1, 1991, and by an additional twenty-five per cent effective July 1, 1993.
[(c)] (d) Each license shall expire on the last day of December following its issuance and may be renewed upon application and payment of the fee required by subsection [(b)] (c) of this section, renewal of the bond required under subsection [(b)] (c) of this section and proof of current federal licensure as required in subsection (a) of this section.
[(d)] (e) The [Commissioner of Transportation] authority shall keep a record of each license and, if requested, shall furnish a certificate of such license.
[(e)] (f) Said [commissioner] authority may suspend or revoke any pilot's license for (1) incompetence, (2) neglect of duty, (3) misconduct or (4) using a vessel owned or operated by a person who has not obtained a certificate of compliance under the provisions of section 15-15e, as amended by this act, for the purpose of embarking or disembarking another vessel in open and unprotected waters. Any person aggrieved by the action of said [commissioner] authority under the provisions of this subsection may appeal therefrom in accordance with the provisions of section 4-183.
[(f)] (g) Any pilot who has been away from duty for a period of not less than six months, or who has not completed a passage through any port or waterway for which [he] such pilot is licensed during such period, shall be placed on inactive status. [Said] Such pilot shall complete at least one round trip over the port or waterway for which [he] such pilot is licensed before resuming his or her duties as a pilot. The refresher passages shall be made in the company of an active pilot licensed by the state. [Said] Such pilot, before resuming [his] pilotage duties, shall submit to the [commissioner] authority a list of completed refresher passages, including the name, gross tons and draft of each vessel involved, a description and date of each passage and the name of the attending pilot.
[(g)] (h) The [commissioner] authority may issue limited licenses pursuant to this section. Such licenses may be limited according to a pilot's qualifications for operating a vessel, which shall include, but not be limited to, the type, size, gross tonnage or draft of a vessel.
[(h)] (i) The [commissioner shall adopt regulations, in accordance with the provisions of chapter 54] authority shall adopt written procedures, in accordance with section 1-121, to carry out the purposes of this section.
Sec. 23. Section 15-13c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
(a) There is created within the [Department of Transportation] Connecticut Port Authority, for administrative purposes only, the Connecticut Pilot Commission to assist and advise the [Commissioner of Transportation] authority on matters relating to the licensure of pilots, the safe conduct of vessels and the protection of the ports and waters of the state, including the waters of Long Island Sound.
(b) The commission shall consist of nine members, one of whom shall be the [Commissioner of Transportation or the commissioner's] executive director of the authority or the executive director's designee and one of whom shall be an active licensed pilot in this state operating on the Connecticut side of the rotation system for the assignment of pilots. The pilot member shall be designated by a simple majority vote of pilots operating on the Connecticut side of the rotation system for the assignment of pilots. The remaining seven members shall be appointed as follows: The Governor shall appoint one member representing a maritime-related industry, which industry shall not include a recreational industry; the president pro tempore of the Senate shall appoint one member representing the public with an interest in the environment who does not have an economic interest in the subject matters of the commission; the majority leader of the Senate shall appoint one member representing the public with an interest in the environment who does not have an economic interest in the subject matters of the commission; the minority leader of the Senate shall appoint one member who shall be a retired ship's master or captain; the speaker of the House of Representatives shall appoint one member representing a maritime-related industry, which industry shall not include a recreational industry; the majority leader of the House of Representatives shall appoint one member representing a maritime-related industry from a shipping agent perspective; the minority leader of the House of Representatives shall appoint one member with an expertise in the area of admiralty law. Each member shall be a resident of the state, provided no member shall be an active licensed pilot, except the one active Connecticut licensed pilot operating in and designated by a simple majority of pilots operating on the Connecticut side of the rotation system for the assignment of pilots. Members shall receive no compensation for the performance of their duties.
(c) On or before July 1, 1992, in accordance with the provisions of subsection (b) of this section (1) the Governor, the speaker of the House of Representatives and the majority leader of the Senate shall each appoint one member who shall serve until July 1, 1996; (2) the president pro tempore of the Senate, the majority leader of the House of Representatives and the minority leader of the House of Representatives shall each appoint one member who shall serve until July 1, 1995; and (3) the minority leader of the Senate shall appoint one member who shall serve until July 1, 1994. Thereafter, members shall serve for a term of four years and any vacancies on the commission shall be filled for the remainder of the term in the same manner as the original appointment.
(d) The Governor shall appoint the chairperson of the commission who shall not be an employee of the [Department of Transportation] Connecticut Port Authority. The commission shall elect a vice-chairperson and any other officers that it deems necessary from among its membership. The powers of the commission shall be vested in and exercised by not less than five members serving on the commission. This number shall constitute a quorum and the affirmative vote of five members present at a meeting of the commission shall be necessary for any action taken by the commission.
(e) The commission shall, subject to the approval of the [commissioner in his] authority in such authority's sole discretion, set: (1) The required qualifications of pilots for eligibility for licensure, including background, training, length of service and apprenticeship; (2) examination requirements for obtaining a pilot's or other type of operating license; and (3) the appropriate number of state-licensed pilots necessary for the safe, efficient and proper operations in the ports and waters of the state, including the waters of Long Island Sound. In setting these requirements, the commission may not consider the licenses of pilots by other jurisdictions as a disqualifying factor.
(f) The commission shall advise the [commissioner] authority on (1) the establishment of fair and reasonable rates of pilotage, pursuant to section 15-14, as amended by this act, including establishment of a hearing process for the setting of fair and reasonable rates of pilotage and licensure fees; (2) the policy of the state on the establishment of a rotation system for the assignment of pilots; (3) the policy of the state on the issuance of reciprocal licenses to pilots licensed in other states; (4) the enhancement of safety and protection of the marine environment during the operation of vessels and the prevention of oil spills and other marine incidents; (5) the proper equipment required on a vessel and the operation of vessels used by pilots for embarkation and disembarkation; (6) the designation of pilot boarding stations; (7) the proper safety equipment provided by vessels to enable pilots to safely board vessels; (8) the state's policy relative to matters of interstate pilotage; and (9) any other matter requested by the [commissioner] authority.
(g) The commission shall: (1) Assist in the preparation of examinations for pilot licensure and other operating certificates; (2) evaluate the examination results of applicants for a pilot license and make appropriate recommendations concerning such applicants' qualifications; (3) assist in the review and monitoring of the performance of pilots, including compliance with state policies, procedures and regulations; (4) review applications for reciprocal licensure and make appropriate recommendations concerning such pilots' qualifications; (5) recommend the duties of pilots for the reporting of faulty pilot boarding and disembarkation systems and of violations of any state laws; (6) review and investigate any marine incident or casualty and conduct hearings to determine the causes of any such incident; (7) investigate and make recommendations on disciplinary measures, including such measures as letters of caution, admonition or reprimand and licensure suspension or forfeiture, including disciplinary matters relative to alcohol or drug abuse; (8) retain an independent investigator to compile a comprehensive factual record of any marine incident or casualty; (9) assist in the review of complaints filed with the [commissioner] authority; and (10) assist in the preparation of any report or matter relative to pilotage.
(h) Nothing in this section shall supersede the authority of the [commissioner] Connecticut Port Authority with respect to licensing marine pilots as specified in section 15-13, as amended by this act.
Sec. 24. Section 15-14 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
The [Commissioner of Transportation] Connecticut Port Authority shall establish the rates of pilotage for all vessels which use a licensed pilot in the ports and waters of this state including the Connecticut waters of Long Island Sound.
Sec. 25. Section 15-15a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
[The Commissioner of Transportation shall promulgate such regulations respecting the conduct and duties of licensed pilots and the piloting, docking and undocking of vessels, as he] All existing regulations of the Department of Transportation respecting the conduct and duties of licensed pilots and the piloting, docking and undocking of vessels shall become duly written procedures of the Connecticut Port Authority, effective July 1, 2016. After said date, any modification to the written procedures or additional written procedures respecting the conduct and duties of licensed pilots and the piloting, docking and undocking of vessels shall be adopted by the authority in accordance with the provisions of section 1-121, as the authority deems necessary for the protection of property, public safety and the effective administration of sections 15-13, as amended by this act, 15-14, as amended by this act, 15-15 and 15-15b, as amended by this act.
Sec. 26. Section 15-15b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
Once every three months, each licensed pilot shall render to the [Commissioner of Transportation] Connecticut Port Authority an accurate account of all vessels piloted by [him] such pilot. Any pilot who makes a false return shall be subject to suspension or revocation of his or her license as provided in section 15-13, as amended by this act.
Sec. 27. Section 15-15d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
(a) Pilotage on Long Island Sound shall be concurrent with the state of New York.
(b) The [Commissioner of Transportation] Connecticut Port Authority may execute an agreement with the pilot commission of any other state for the establishment of a rotation system for the assignment of pilots for the conduct of vessels in the ports and waters of the state, including the waters of Long Island Sound.
Sec. 28. Section 15-15e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
(a) An owner or operator of a vessel used to transport a pilot licensed under the provisions of section 15-13, as amended by this act, for the purpose of embarking or disembarking another vessel in open and unprotected waters shall obtain a certificate of insurance from an insurance carrier based on a survey conducted and documented by a qualified marine surveyor. Marine surveyors shall be guided by applicable United States Coast Guard regulations, if any, and standards set by insurance companies for the insurability of such vessel. [The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, that specify (1) the procedures for embarkation and disembarkation of pilots, and (2) the operation of and equipment required on each such vessel. Such regulations] All existing regulations of the Department of Transportation that specify procedures for embarkation and disembarkation of pilots and the operation of and equipment required on each such vessel, shall become duly adopted written procedures of the Connecticut Port Authority, effective July 1, 2016. After said date, any modification to the written procedures or additional written procedures that specify (1) the procedures for embarkation and disembarkation of pilots, and (2) the operation of and equipment required on each such vessel shall be adopted by the authority in accordance with the provisions of section 1-121. Such written procedures may establish standard rates for the use of each such vessel for such purpose. For the purposes of this subsection, "open and unprotected waters" means waters located east of the area depicted on the National Oceanic and Atmospheric Administration charts of the eastern portion of Long Island Sound as "The Race".
(b) Any person who fails to comply with subsection (a) of this section or any [regulation] written procedures adopted thereunder shall be fined not less than five hundred dollars nor more than one thousand dollars.
Sec. 29. Section 15-25 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
Any person who removes, damages or destroys any buoy, beacon, channel marker or floating guide placed in the waters of this state by the proper exercise of the authority of the [Commissioner of Transportation] state or the harbor master of any harbor, or moors or in any manner attaches any boat, vessel or raft of any kind to such buoy, beacon, channel marker or floating guide, unless his life, or the safety of the vessel in which he is, is endangered, or cuts down, removes, damages or destroys any beacon or navigational aid erected on land in this state, shall be fined not more than one thousand dollars.
Sec. 30. Section 15-140d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
No person shall place or cause to be placed any marker, raft, dockslip, ski jump or similar structure upon the state's waters so as to create an obstruction or menace to navigation or a hindrance to the public use of such waters. If the Commissioner of [Transportation] Energy and Environmental Protection determines that any such structure constitutes a hazard in tidal waters, [he] the commissioner may order the owner to dismantle or remove the structure or to take other measures to eliminate the danger. If the [Commissioner of Energy and Environmental Protection] commissioner determines that any such structure constitutes such a hazard in the state's waters other than tidal waters, [he] the commissioner may order the owner to dismantle or remove the structure or to take other measures to eliminate the danger.
Sec. 31. Section 22a-113m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
The commission, in consultation with the [Commissioners] Commissioner of Energy and Environmental Protection and [Transportation] the Connecticut Port Authority, shall prepare or cause to be prepared a management plan for the most desirable use of the harbor for recreational, commercial, industrial and other purposes. For those towns in the coastal area, as defined in section 22a-94, the plan shall provide for the preservation and use of the coastal resources of the harbor in a manner consistent with the provisions of sections 22a-90 to 22a-111, inclusive, and any municipal coastal plan adopted pursuant to section 22a-101 by any municipality that is a member of the commission. A copy of the plan shall be forwarded to the U.S. Army Corps of Engineers for review, comments and recommendations. Such plan shall be submitted for approval to the [Commissioners of Energy and Environmental Protection and Transportation] commissioner and the authority. Said [commissioners] commissioner and authority shall act on the plan not more than sixty days after submission of such plan. Upon approval by said [commissioners] commissioner and authority, the plan may be adopted by ordinance by the legislative body of each municipality establishing the commission. The ordinance shall specify the effective date of the plan. A modification to the plan may be proposed at any time and shall be approved in the same manner as the plan. The plan shall be reviewed annually by the commission, [and] the [Commissioners of Energy and Environmental Protection and Transportation] commissioner and the authority.
Sec. 32. Subsection (a) of section 22a-337 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
(a) The Commissioner of Energy and Environmental Protection, in consultation with the Commissioner of Public Health, is authorized, as the representative of the state of Connecticut, to negotiate, cooperate and enter into agreements or compacts with authorized agencies representing any one or more states or commonwealths, or the United States, or any combination thereof, relative to flood control, river and harbor improvements or obstructions, navigation, pollution of interstate waters, diversion of interstate waters, and the use of such interstate waters by any agency of the United States, or any one or more states or commonwealths, which will tend to increase the hazard of damage to persons or property located or situated in this state by reason of flood waters or which will in any way interfere adversely with the navigability of any stream or river located wholly or partially within this state during periods of low flow in the main stream or any of its tributaries. With respect to matters relating to river and harbor improvements and the navigability of streams or rivers, the Commissioner of Energy and Environmental Protection [shall] may, as appropriate, request and consider recommendations of the Commissioner of Transportation and the board of directors of the Connecticut Port Authority.
Sec. 33. Section 22a-340 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
The commissioner shall have the power and authority, after a public hearing, subject to the issuance of a permit by the corps of engineers of the United States army, to designate and lay out channels and boat basins in lands under tidal and coastal waters for the purpose of providing access to and from deep water to uplands adjacent to or bordering on tidal and coastal waters and for the improvement of coastal and inland navigation by vessels, including small craft for recreational purposes with due regard for the recreational, commercial and navigational needs of the state. The commissioner shall promptly give written notice to the [Commissioner of Transportation] Connecticut Port Authority of any proceeding under this section, and shall consider such recommendations as the [Commissioner of Transportation] authority may submit to [him within] the commissioner not later than thirty days after the conclusion of public hearings thereon. The [Commissioner of Transportation] board of directors of the Connecticut Port Authority is authorized to initiate proceedings under this section.
Sec. 34. Subsection (b) of section 22a-359 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
(b) After consultation with the [Commissioner of Transportation] Connecticut Port Authority, the Commissioner of Energy and Environmental Protection may consider any sunken or grounded vessel, scow, lighter or similar structure lying within the tidal, coastal or navigable waters of the state to be an encroachment subject to the provisions of this section and sections 22a-360 to 22a-363, inclusive.
Sec. 35. Subsection (b) of section 22a-361 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
(b) The commissioner, at least thirty days before approving or denying an application for a permit, shall provide or require the applicant to provide notice by certified mail, return receipt requested, or by electronic means to the applicant, to the [Commissioner of Transportation] Connecticut Port Authority, as appropriate, the Attorney General and the Commissioner of Agriculture and to the chief executive officer, the chairmen of the planning, zoning, harbor management and shellfish commissions of each town in which such structure, fill, obstruction, encroachment or dredging is to be located or work to be performed, and to the owner of each franchised oyster ground and the lessee of each leased oyster ground within which such work is to be performed and shall publish such notice once in a newspaper having a substantial circulation in the area affected. Such notice shall contain (1) the name of the applicant; (2) the location and nature of the proposed activities; (3) the tentative decision regarding the application; and (4) any additional information the commissioner deems necessary. There shall be a comment period following the public notice during which interested persons may submit written comments. The commissioner may hold a public hearing prior to approving or denying an application if, in the commissioner's discretion, the public interest will best be served by holding such hearing. The commissioner shall hold a public hearing if the commissioner receives: (A) A written request for such public hearing from the applicant, or (B) a petition, signed by twenty-five or more persons requesting such public hearing on an application. Following such notice and comment period and public hearing, if applicable, the commissioner may, in whole or in part, approve, modify and approve or deny the application. The commissioner shall provide to the applicant and the persons set forth above, by certified mail, return receipt requested, or by electronic means, notice of the commissioner's decision. If the commissioner requires the applicant to provide the notice specified in this subsection, the applicant shall certify to the commissioner, not later than twenty days after providing such notice, that such notice has been provided in accordance with this subsection. Any person who is aggrieved by the commissioner's final decision on such application may appeal such decision to the Superior Court in accordance with section 4-183.
Sec. 36. Subdivision (12) of section 1-79 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(12) "Quasi-public agency" means Connecticut Innovations, Incorporated, the Connecticut Health and Education Facilities Authority, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Student Loan Foundation, the Connecticut Housing Finance Authority, the State Housing Authority, the Materials Innovation and Recycling Authority, the Capital Region Development Authority, the Connecticut Lottery Corporation, the Connecticut Airport Authority, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, the Connecticut Port Authority, and the State Education Resource Center.
Sec. 37. Subdivision (1) of section 1-120 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(1) "Quasi-public agency" means Connecticut Innovations, Incorporated, the Connecticut Health and Educational Facilities Authority, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Student Loan Foundation, the Connecticut Housing Finance Authority, the Connecticut Housing Authority, the Materials Innovation and Recycling Authority, the Capital Region Development Authority, the Connecticut Lottery Corporation, the Connecticut Airport Authority, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, the Connecticut Port Authority and the State Education Resource Center.
Sec. 38. Section 1-124 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) Connecticut Innovations, Incorporated, the Connecticut Health and Educational Facilities Authority, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Student Loan Foundation, the Connecticut Housing Finance Authority, the Connecticut Housing Authority, the Materials Innovation and Recycling Authority, the Connecticut Airport Authority, the Capital Region Development Authority, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, the Connecticut Port Authority and the State Education Resource Center shall not borrow any money or issue any bonds or notes which are guaranteed by the state of Connecticut or for which there is a capital reserve fund of any kind which is in any way contributed to or guaranteed by the state of Connecticut until and unless such borrowing or issuance is approved by the State Treasurer or the Deputy State Treasurer appointed pursuant to section 3-12. The approval of the State Treasurer or said deputy shall be based on documentation provided by the authority that it has sufficient revenues to (1) pay the principal of and interest on the bonds and notes issued, (2) establish, increase and maintain any reserves deemed by the authority to be advisable to secure the payment of the principal of and interest on such bonds and notes, (3) pay the cost of maintaining, servicing and properly insuring the purpose for which the proceeds of the bonds and notes have been issued, if applicable, and (4) pay such other costs as may be required.
(b) To the extent Connecticut Innovations, Incorporated, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Housing Finance Authority, the Connecticut Housing Authority, the Materials Innovation and Recycling Authority, the Connecticut Health and Educational Facilities Authority, the Connecticut Student Loan Foundation, the Connecticut Airport Authority, the Capital Region Development Authority, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, the Connecticut Port Authority or the State Education Resource Center is permitted by statute and determines to exercise any power to moderate interest rate fluctuations or enter into any investment or program of investment or contract respecting interest rates, currency, cash flow or other similar agreement, including, but not limited to, interest rate or currency swap agreements, the effect of which is to subject a capital reserve fund which is in any way contributed to or guaranteed by the state of Connecticut, to potential liability, such determination shall not be effective until and unless the State Treasurer or his or her deputy appointed pursuant to section 3-12 has approved such agreement or agreements. The approval of the State Treasurer or his or her deputy shall be based on documentation provided by the authority that it has sufficient revenues to meet the financial obligations associated with the agreement or agreements.
Sec. 39. Section 1-125 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
The directors, officers and employees of Connecticut Innovations, Incorporated, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Housing Finance Authority, the Connecticut Housing Authority, the Materials Innovation and Recycling Authority, including ad hoc members of the Materials Innovation and Recycling Authority, the Connecticut Health and Educational Facilities Authority, the Connecticut Student Loan Foundation, the Capital Region Development Authority, the Connecticut Airport Authority, the Connecticut Lottery Corporation, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, the Connecticut Port Authority and the State Education Resource Center and any person executing the bonds or notes of the agency shall not be liable personally on such bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof, nor shall any director or employee of the agency, including ad hoc members of the Materials Innovation and Recycling Authority, be personally liable for damage or injury, not wanton, reckless, wilful or malicious, caused in the performance of his or her duties and within the scope of his or her employment or appointment as such director, officer or employee, including ad hoc members of the Materials Innovation and Recycling Authority. The agency shall protect, save harmless and indemnify its directors, officers or employees, including ad hoc members of the Materials Innovation and Recycling Authority, from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged negligence or alleged deprivation of any person's civil rights or any other act or omission resulting in damage or injury, if the director, officer or employee, including ad hoc members of the Materials Innovation and Recycling Authority, is found to have been acting in the discharge of his or her duties or within the scope of his or her employment and such act or omission is found not to have been wanton, reckless, wilful or malicious.
Sec. 40. Subsection (b) of section 13b-69 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(b) The remaining resources of the Special Transportation Fund shall, pursuant to appropriation thereof in accordance with chapter 50 and subject to approval by the Governor of allotment thereof, be applied and expended for (1) payment of the principal of and interest on "general obligation bonds of the state issued for transportation purposes", as defined in subsection (c) of this section, or any obligations refunding the same, (2) payment of state budget appropriations made to or for the Department of Transportation and the Department of Motor Vehicles, [and] (3) payment of state budget appropriations made to or for the Department of Emergency Services and Public Protection for members of the Division of State Police designated by the Commissioner of Emergency Services and Public Protection for motor patrol work pursuant to section 29-4, except that (A) for the fiscal years commencing on or after July 1, 1998, excluding the highway motor patrol budgeted expenses, and (B) for the fiscal years commencing on or after July 1, 1999, excluding the highway motor patrol fringe benefits, (4) payment to the Department of Energy and Environmental Protection for purposes of regulation and enforcement of chapter 268, and (5) payment to the Department of Social Services for purposes of the transportation for employment independence program.
Sec. 41. Subsection (a) of section 4-66aa of the general statutes, as amended by section 93 of public act 15-244, is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):
(a) There is established, within the General Fund, a separate, nonlapsing account to be known as the "community investment account". The account shall contain any moneys required by law to be deposited in the account. The funds in the account shall be distributed every three months as follows: (1) Ten dollars of each fee credited to said account shall be deposited into the agriculture sustainability account established pursuant to section 4-66cc and, then, of the remaining funds, (2) twenty-five per cent to the Department of Economic and Community Development to use as follows: (A) [Two hundred] Three hundred eighty thousand dollars, annually, to supplement the technical assistance and preservation activities of the Connecticut Trust for Historic Preservation, established pursuant to special act 75-93, and (B) the remainder to supplement historic preservation activities as provided in sections 10-409 to 10-415, inclusive; (3) twenty-five per cent to the Department of Housing to supplement new or existing affordable housing programs; (4) twenty-five per cent to the Department of Energy and Environmental Protection for municipal open space grants; and (5) twenty-five per cent to the Department of Agriculture to use as follows: (A) Five hundred thousand dollars annually for the agricultural viability grant program established pursuant to section 22-26j; (B) five hundred thousand dollars annually for the farm transition program established pursuant to section 22-26k; (C) one hundred thousand dollars annually to encourage the sale of Connecticut-grown food to schools, restaurants, retailers and other institutions and businesses in the state; (D) seventy-five thousand dollars annually for the Connecticut farm link program established pursuant to section 22-26l; (E) forty-seven thousand five hundred dollars annually for the Seafood Advisory Council established pursuant to section 22-455; (F) forty-seven thousand five hundred dollars annually for the Connecticut Farm Wine Development Council established pursuant to section 22-26c; (G) twenty-five thousand dollars annually to the Connecticut Food Policy Council established pursuant to section 22-456; and (H) the remainder for farmland preservation programs pursuant to chapter 422. Each agency receiving funds under this section may use not more than ten per cent of such funds for administration of the programs for which the funds were provided.
Sec. 42. Section 32-4l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) (1) The Department of Economic and Community Development shall establish a first five plus program to encourage business expansion and job creation. As part of said program, the department may provide substantial financial assistance to up to fifteen eligible business development projects by June 30, [2015] 2016.
(2) A business development project eligible for financial assistance under the first five plus program shall commit, in the manner prescribed by the Commissioner of Economic and Community Development, to (A) create not less than two hundred new jobs within twenty-four months from the date such application is approved; or (B) invest not less than twenty-five million dollars and create not less than two hundred new jobs not later than five years after the date such application is approved.
(3) The Commissioner of Economic and Community Development may give preference to a business development project that (A) involves the relocation of an out-of-state or international manufacturer or corporate headquarters, (B) involves the relocation of jobs that are outside the United States to the state, or (C) is a redevelopment project if the commissioner believes such redevelopment project will create jobs sooner than the schedule set forth in subdivision (2) of this subsection.
(4) The Commissioner of Economic and Community Development may, in awarding financial assistance to an eligible business development project, work with Connecticut Innovations, Incorporated, to secure financing for such project.
(5) The Commissioner of Economic and Community Development shall certify to the Governor for his or her approval that a business development project applicant has satisfied all the eligibility criteria in the program. Financial assistance awarded through the first five plus program shall be with the written consent of the Governor.
(b) Financial assistance for the first five plus program for eligible business development projects shall be exempt from the provisions of subsection (c) of section 32-223, section 32-462, subsection (q) of section 32-9t and, at the commissioner's discretion, section 12-211a for the fiscal years ending June 30, 2012, June 30, 2013, June 30, 2014, [and] June 30, 2015, June 30, 2016, and June 30, 2017.
(c) The commissioner may take such action as the commissioner deems necessary or appropriate to enforce such commitment, including, but not limited to, establishing terms and conditions for the repayment of any financial assistance awarded pursuant to the provisions of this section.
(d) On or before September 1, 2013, January 1, 2014, September 1, 2014, January 1, 2015, [and] September 1, 2015, January 1, 2016, and September 1, 2016, the Commissioner of Economic and Community Development shall report in accordance with the provisions of section 11-4a to the joint standing committees of the General Assembly having cognizance of matters relating to commerce and finance, revenue and bonding on the projects funded through the first five plus program, the number of jobs created and the impact on the economy of this state.
Sec. 43. Subsection (b) of section 38a-488a of the general statutes, as amended by section 1 of public act 15-226, is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):
(b) Each individual health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered, issued for delivery, renewed, amended or continued in this state shall provide benefits for the diagnosis and treatment of mental or nervous conditions. Benefits payable include, but need not be limited to:
(1) General inpatient hospitalization, including in state-operated facilities;
(2) Medically necessary acute treatment services and medically necessary clinical stabilization services;
(3) General hospital outpatient services, including at state-operated facilities;
(4) Psychiatric inpatient hospitalization, including in state-operated facilities;
(5) Psychiatric outpatient hospital services, including at state-operated facilities;
(6) Intensive outpatient services, including at state-operated facilities;
(7) Partial hospitalization, including at state-operated facilities;
(8) Evidence-based maternal, infant and early childhood home visitation services, as described in Section 2951 of the Patient Protection and Affordable Care Act, P.L. 111-148, as amended from time to time, that are designed to improve health outcomes for pregnant women, postpartum mothers and newborns and children, including, but not limited to, for maternal substance use disorders or depression and relationship-focused interventions for children with mental or nervous conditions or substance use disorders;
(9) Intensive, home-based services designed to address specific mental or nervous conditions in a child while remediating problematic parenting practices and addressing other family and educational challenges that affect the child's and family's ability to function;
[(10) Intensive, family-based and community-based treatment programs that focus on addressing environmental systems that impact chronic and violent juvenile offenders;]
[(11)] (10) Evidence-based family-focused therapy that specializes in the treatment of juvenile substance use disorders and delinquency;
[(12)] (11) Short-term family therapy intervention and juvenile diversion programs that target at-risk children to address adolescent behavior problems, conduct disorders, substance use disorders and delinquency;
[(13) Other home-based therapeutic interventions for children;
(14) Chemical maintenance treatment, as defined in section 19a-495-570 of the regulations of Connecticut state agencies;]
[(15)] (12) Nonhospital inpatient detoxification;
[(16)] (13) Medically monitored detoxification;
[(17)] (14) Ambulatory detoxification;
[(18)] (15) Inpatient services at psychiatric residential treatment facilities;
[(19) Extended day treatment programs, as described in section 17a-22;]
[(20)] (16) Rehabilitation services provided in residential treatment facilities, general hospitals, psychiatric hospitals or psychiatric facilities;
[(21)] (17) Observation beds in acute hospital settings;
[(22)] (18) Psychological and neuropsychological testing conducted by an appropriately licensed health care provider;
[(23)] (19) Trauma screening conducted by a licensed behavioral health professional;
[(24)] (20) Depression screening, including maternal depression screening, conducted by a licensed behavioral health professional; and
[(25)] (21) Substance use screening conducted by a licensed behavioral health professional.
Sec. 44. Subsection (b) of section 38a-488a of the general statutes, as amended by section 1 of public act 15-226 and section 44 of this act, is repealed and the following is substituted in lieu thereof (Effective January 1, 2017):
(b) Each individual health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered, issued for delivery, renewed, amended or continued in this state shall provide benefits for the diagnosis and treatment of mental or nervous conditions. Benefits payable include, but need not be limited to:
(1) General inpatient hospitalization, including in state-operated facilities;
(2) Medically necessary acute treatment services and medically necessary clinical stabilization services;
(3) General hospital outpatient services, including at state-operated facilities;
(4) Psychiatric inpatient hospitalization, including in state-operated facilities;
(5) Psychiatric outpatient hospital services, including at state-operated facilities;
(6) Intensive outpatient services, including at state-operated facilities;
(7) Partial hospitalization, including at state-operated facilities;
(8) Evidence-based maternal, infant and early childhood home visitation services, as described in Section 2951 of the Patient Protection and Affordable Care Act, P.L. 111-148, as amended from time to time, that are designed to improve health outcomes for pregnant women, postpartum mothers and newborns and children, including, but not limited to, for maternal substance use disorders or depression and relationship-focused interventions for children with mental or nervous conditions or substance use disorders;
(9) Intensive, home-based services designed to address specific mental or nervous conditions in a child while remediating problematic parenting practices and addressing other family and educational challenges that affect the child's and family's ability to function;
(10) Evidence-based family-focused therapy that specializes in the treatment of juvenile substance use disorders and delinquency;
(11) Short-term family therapy intervention and juvenile diversion programs that target at-risk children to address adolescent behavior problems, conduct disorders, substance use disorders and delinquency;
(12) Nonhospital inpatient detoxification;
(13) Medically monitored detoxification;
(14) Ambulatory detoxification;
(15) Inpatient services at psychiatric residential treatment facilities;
(16) Rehabilitation services provided in residential treatment facilities, general hospitals, psychiatric hospitals or psychiatric facilities;
(17) Observation beds in acute hospital settings;
(18) Psychological and neuropsychological testing conducted by an appropriately licensed health care provider;
(19) Trauma screening conducted by a licensed behavioral health professional;
(20) Depression screening, including maternal depression screening, conducted by a licensed behavioral health professional; [and]
(21) Substance use screening conducted by a licensed behavioral health professional; [.]
(22) Intensive, family-based and community-based treatment programs that focus on addressing environmental systems that impact chronic and violent juvenile offenders;
(23) Other home-based therapeutic interventions for children;
(24) Chemical maintenance treatment, as defined in section 19a-495-570 of the regulations of Connecticut state agencies; and
(25) Extended day treatment programs, as described in section 17a-22.
Sec. 45. Subsection (b) of section 38a-514 of the general statutes, as amended by section 2 of public act 15-226, is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):
(b) Except as provided in subsection (j) of this section, each group health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered, issued for delivery, renewed, amended or continued in this state shall provide benefits for the diagnosis and treatment of mental or nervous conditions. Benefits payable include, but need not be limited to:
(1) General inpatient hospitalization, including in state-operated facilities;
(2) Medically necessary acute treatment services and medically necessary clinical stabilization services;
(3) General hospital outpatient services, including at state-operated facilities;
(4) Psychiatric inpatient hospitalization, including in state-operated facilities;
(5) Psychiatric outpatient hospital services, including at state-operated facilities;
(6) Intensive outpatient services, including at state-operated facilities;
(7) Partial hospitalization, including at state-operated facilities;
(8) Evidence-based maternal, infant and early childhood home visitation services, as described in Section 2951 of the Patient Protection and Affordable Care Act, P.L. 111-148, as amended from time to time, that are designed to improve health outcomes for pregnant women, postpartum mothers and newborns and children, including, but not limited to, for maternal substance use disorders or depression and relationship-focused interventions for children with mental or nervous conditions or substance use disorders;
(9) Intensive, home-based services designed to address specific mental or nervous conditions in a child while remediating problematic parenting practices and addressing other family and educational challenges that affect the child's and family's ability to function;
[(10) Intensive, family-based and community-based treatment programs that focus on addressing environmental systems that impact chronic and violent juvenile offenders;]
[(11)] (10) Evidence-based family-focused therapy that specializes in the treatment of juvenile substance use disorders and delinquency;
[(12)] (11) Short-term family therapy intervention and juvenile diversion programs that target at-risk children to address adolescent behavior problems, conduct disorders, substance use disorders and delinquency;
[(13) Other home-based therapeutic interventions for children;
(14) Chemical maintenance treatment, as defined in section 19a-495-570 of the regulations of Connecticut state agencies;]
[(15)] (12) Nonhospital inpatient detoxification;
[(16)] (13) Medically monitored detoxification;
[(17)] (14) Ambulatory detoxification;
[(18)] (15) Inpatient services at psychiatric residential treatment facilities;
[(19) Extended day treatment programs, as described in section 17a-22;]
[(20)] (16) Rehabilitation services provided in residential treatment facilities, general hospitals, psychiatric hospitals or psychiatric facilities;
[(21)] (17) Observation beds in acute hospital settings;
[(22)] (18) Psychological and neuropsychological testing conducted by an appropriately licensed health care provider;
[(23)] (19) Trauma screening conducted by a licensed behavioral health professional;
[(24)] (20) Depression screening, including maternal depression screening, conducted by a licensed behavioral health professional; and
[(25)] (21) Substance use screening conducted by a licensed behavioral health professional.
Sec. 46. Subsection (b) of section 38a-514 of the general statutes, as amended by section 2 of public act 15-226 and section 46 of this act, is repealed and the following is substituted in lieu thereof (Effective January 1, 2017):
(b) Except as provided in subsection (j) of this section, each group health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered, issued for delivery, renewed, amended or continued in this state shall provide benefits for the diagnosis and treatment of mental or nervous conditions. Benefits payable include, but need not be limited to:
(1) General inpatient hospitalization, including in state-operated facilities;
(2) Medically necessary acute treatment services and medically necessary clinical stabilization services;
(3) General hospital outpatient services, including at state-operated facilities;
(4) Psychiatric inpatient hospitalization, including in state-operated facilities;
(5) Psychiatric outpatient hospital services, including at state-operated facilities;
(6) Intensive outpatient services, including at state-operated facilities;
(7) Partial hospitalization, including at state-operated facilities;
(8) Evidence-based maternal, infant and early childhood home visitation services, as described in Section 2951 of the Patient Protection and Affordable Care Act, P.L. 111-148, as amended from time to time, that are designed to improve health outcomes for pregnant women, postpartum mothers and newborns and children, including, but not limited to, for maternal substance use disorders or depression and relationship-focused interventions for children with mental or nervous conditions or substance use disorders;
(9) Intensive, home-based services designed to address specific mental or nervous conditions in a child while remediating problematic parenting practices and addressing other family and educational challenges that affect the child's and family's ability to function;
(10) Evidence-based family-focused therapy that specializes in the treatment of juvenile substance use disorders and delinquency;
(11) Short-term family therapy intervention and juvenile diversion programs that target at-risk children to address adolescent behavior problems, conduct disorders, substance use disorders and delinquency;
(12) Nonhospital inpatient detoxification;
(13) Medically monitored detoxification;
(14) Ambulatory detoxification;
(15) Inpatient services at psychiatric residential treatment facilities;
(16) Rehabilitation services provided in residential treatment facilities, general hospitals, psychiatric hospitals or psychiatric facilities;
(17) Observation beds in acute hospital settings;
(18) Psychological and neuropsychological testing conducted by an appropriately licensed health care provider;
(19) Trauma screening conducted by a licensed behavioral health professional;
(20) Depression screening, including maternal depression screening, conducted by a licensed behavioral health professional; [and]
(21) Substance use screening conducted by a licensed behavioral health professional; [.]
(22) Intensive, family-based and community-based treatment programs that focus on addressing environmental systems that impact chronic and violent juvenile offenders;
(23) Other home-based therapeutic interventions for children;
(24) Chemical maintenance treatment, as defined in section 19a-495-570 of the regulations of Connecticut state agencies; and
(25) Extended day treatment programs, as described in section 17a-22.
Sec. 47. Subsection (a) of section 12-158 of the general statutes, as amended by section 6 of public act 15-156, is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(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 ...., 20.., lay a tax 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 ...., 20..; 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 ...., 20.., 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 ...., 20.., 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 laid by such municipality which were not yet due and payable when I first published notice of levy and sale and any other liens in favor of such municipality, [or the state,] 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 ...., 20...
E. F., (Seal).
Collector as aforesaid.
Signed, sealed, and delivered
in the presence of
(Usual form of acknowledgment).
Sec. 48. Subsection (c) of section 4-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(c) The Comptroller shall keep an account in connection with each appropriation and shall not issue any warrant, draft or order on the Treasurer in payment of any obligation in excess of the available balance of the appropriation for the purpose or purposes for which such obligation was incurred, until the General Assembly has passed a deficiency bill for the purpose and allotments have been made by the Governor, or such appropriation has been increased as provided in [sections 4-84 and] section 4-87.
Sec. 49. Subsection (a) of section 28-9a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) Whenever the Governor proclaims a disaster emergency under the laws of this state, or the President declares an emergency or a major disaster to exist in this state, the Governor is authorized: (1) To enter into purchase, lease, or other arrangements with any agency of the United States for temporary housing units to be occupied by disaster victims and to make such units available to any political subdivision of the state; (2) to assist any political subdivision of this state which is the locus of such housing to acquire sites necessary for such housing and to do all things required to prepare such sites to receive and utilize such housing units by: (A) Advancing or lending funds available to the Governor from any appropriation made by the legislature, [the contingency fund established by section 4-84,] or from any other source, (B) "passing through" funds made available by any agency, public or private, or (C) becoming a copartner with the political subdivision for the execution and performance of any temporary housing for disaster victims' project and for such purposes to pledge the credit of the state on such terms as he deems appropriate, having due regard for current debt transactions of the state; (3) under such regulations as he shall prescribe, to temporarily suspend or modify for not to exceed sixty days any public health, safety, zoning, transportation or other requirement of law or regulation within this state when by proclamation he deems such suspension or modification essential to provide temporary housing for disaster victims.
Sec. 50. (NEW) (Effective from passage) (a) For the purposes of this section:
(1) "Over-the-counter drug" means any drug that is a personal care product that contains a label that identifies such product as a drug, as required by 21 CFR 201.66, as amended from time to time;
(2) "Personal care product" means any (A) article intended to be rubbed, poured, sprinkled, sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance of, (B) article intended for use as a component of any such article described in subparagraph (A) of this subdivision, or (C) over-the-counter drug. "Personal care product" does not include any product for which a prescription is required for distribution or dispensation, as determined by the Commissioner of Consumer Protection; and
(3) "Microbead" means any intentionally added synthetic solid plastic particle measured to be five millimeters or less in size that is used to exfoliate or cleanse and is intended to be rinsed off or washed off the body and consequently deposited into a sink, shower or bathtub drain.
(b) On and after December 31, 2017, no person shall manufacture for sale any personal care product, except for an over-the-counter drug, that contains any intentionally added microbead.
(c) On and after December 31, 2018, no person shall import, sell or offer for sale any personal care product, except for an over-the-counter drug, that contains any intentionally added microbead.
(d) On and after December 31, 2018, no person shall manufacture for sale any over-the-counter drug that contains an intentionally added microbead.
(e) On and after December 31, 2019, no person shall import, sell or offer for sale any over-the-counter drug that contains any intentionally added microbead.
(f) The Commissioner of Energy and Environmental Protection, in consultation with the Commissioner of Consumer Protection, may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section.
(g) (1) On or before August 15, 2016, the Commissioner of Energy and Environmental Protection shall accept an application on behalf of a manufacturer of a personal care product for the performance of a study, at the request of said commissioner, by the Connecticut Academy of Science and Engineering to determine if a biodegradable microbead is available for use in such personal care product that does not adversely impact the environment or publicly owned treatment works in this state. Any such application shall require the manufacturer of such biodegradable microbead to disclose the chemical constituents or composition of such microbead. Upon receipt of any such application, in a format as prescribed by the commissioner, the commissioner shall request the Connecticut Academy of Science and Engineering to perform such study. Said academy may establish a fee for the performance of such study and such fee shall be remitted by the applicant to the Department of Energy and Environmental Protection. Upon receipt of such request and fee from the commissioner, said academy shall commence such study. Such study shall, at a minimum, consist of: (A) A study committee appointed by said academy to oversee such study, (B) the use of an academy-selected research team with expertise in matters relating to biodegradable microbeads to conduct relevant research for such study, including, but not limited to, the fate and transport of microbeads, and author a study report, and (C) study committee meetings that afford the opportunity for such applicant, department and interested persons to obtain information concerning the study's process. The academy shall complete any such study and issue a final study report for such study to the commissioner not later than December 15, 2017. Upon receipt of such final study report, the commissioner shall review such final study report and, not later than February 1, 2018, forward such final study report and any recommendations of said academy for legislation concerning the use of biodegradable microbeads in personal care products to the joint standing committee of the General Assembly having cognizance of matters relating to the environment.
(2) Any information or materials submitted by an applicant to the Department of Energy and Environmental Protection or the Connecticut Academy of Science and Engineering in connection with the performance of the study described in subdivision (1) of this subsection shall not be subject to disclosure pursuant to chapter 14 of the general statutes provided such applicant indicates to the department or academy, at the time of submission, information or materials that such applicant deems a trade secret or privileged in any manner.
(3) In the event that the study described in subdivision (1) of this subsection is not completed on or before December 15, 2017, the manufacturing, selling, importing or offering for sale of any personal care product that contains an intentionally added biodegradable microbead shall be prohibited on and after July 1, 2018.
(h) Any person who violates any of the provisions of subsections (b) to (e), inclusive, of this section or any regulation adopted pursuant to subsection (f) of this section shall be fined not more than five thousand dollars for the first violation and not more than ten thousand dollars for any subsequent violation.
Sec. 51. Section 38a-135 of the general statutes is amended by adding subsection (o) as follows (Effective October 1, 2015):
(NEW) (o) (1) As used in this subsection: (A) "Group-wide supervisor" means the regulatory official (i) authorized by such official's jurisdiction to conduct and coordinate group-wide supervisory activities, and (ii) who is determined or acknowledged to be the group-wide supervisor of an internationally active insurance group pursuant to this subsection; and (B) "internationally active insurance group" means any insurance holding company system that (i) includes an insurance company registered pursuant to this section, and (ii) meets the following criteria: (I) Premiums are written in at least three countries; (II) the percentage of gross premiums written without the United States is at least ten per cent of the insurance holding company system's total gross written premiums; and (III) based on a three-year rolling average, the total assets of the insurance holding company system are at least fifty billion dollars or the total gross written premiums of the insurance holding company system are at least ten billion dollars.
(2) (A) The commissioner, in cooperation with other state, federal and international regulatory agencies of the jurisdictions where members of the internationally active insurance group are domiciled, shall determine a single group-wide supervisor for an internationally active insurance group. An insurance holding company system that does not qualify as an internationally active insurance group may request that the commissioner make a determination or acknowledgment of a group-wide supervisor as set forth in this subsection.
(B) The commissioner may determine that the commissioner is the appropriate group-wide supervisor for an internationally active insurance group that conducts substantial insurance business operations in this state and may act as a group-wide supervisor for any internationally active insurance group in accordance with the provisions of this subsection.
(C) The commissioner may acknowledge that the regulatory official of another jurisdiction is an appropriate group-wide supervisor for an internationally active insurance group that (i) does not conduct substantial insurance business operations in the United States, (ii) conducts substantial insurance business operations in the United States but not in this state, or (iii) conducts substantial insurance business operations in the United States and in this state but the commissioner has determined, pursuant to the factors set forth in subdivision (3) of this subsection, that the regulatory official of another jurisdiction is the appropriate group-wide supervisor.
(D) When another regulatory official is acting as the group-wide supervisor of an internationally active insurance group, the commissioner shall acknowledge such official as the group-wide supervisor, except that the commissioner shall make a determination or acknowledgement of a group-wide supervisor for such insurance group if a material change in such insurance group results in (i) the largest share of such insurance group's premiums, assets or liabilities being held by member insurance companies domiciled in this state, or (ii) this state being the place of domicile of the top-tiered insurance company or companies in such insurance group.
(E) A regulatory official determined or acknowledged to be a group-wide supervisor of an internationally active insurance group may determine, after considering the factors set forth in subdivision (3) of this subsection, that it is appropriate to acknowledge another regulatory official to serve as the group-wide supervisor of such insurance group. Such acknowledgment shall be made (i) in cooperation with and subject to the acknowledgment of other regulatory officials of the jurisdictions where members of such insurance group are domiciled, and (ii) in consultation with such insurance group.
(3) The commissioner shall consider the following factors in making a determination or acknowledgment under subdivision (2) of this subsection:
(A) The place of domicile of the member insurance companies of the internationally active insurance group that hold the largest share of such insurance group's premiums, assets or liabilities;
(B) The place of domicile of the top-tiered insurance company or companies in the internationally active insurance group;
(C) The locations of the executive offices or the largest operational offices of the internationally active insurance group; and
(D) Whether (i) a regulatory official of another jurisdiction is acting or seeking to act as the group-wide supervisor under a regulatory system the commissioner determines to be substantially similar to that provided under the laws of this state or is otherwise sufficient in terms of group-wide supervision, enterprise risk analysis and cooperation with other regulatory officials, and (ii) such regulatory official acting or seeking to act as the group-wide supervisor provides the commissioner with reasonably reciprocal recognition and cooperation.
(4) The commissioner may collect, pursuant to section 38a-14a, from any insurance company registered pursuant to this section any information necessary for the commissioner to determine whether the commissioner may act as the group-wide supervisor of an internationally active insurance group of which such company is a member or whether the commissioner may acknowledge that a regulatory official of another jurisdiction should act as the group-wide supervisor of such insurance group.
(5) Prior to issuing any determination or acknowledgment under this subsection, the commissioner shall notify the member insurance company registered pursuant to this section and the ultimate controlling person of the internationally active insurance group of such pending determination or acknowledgment. The commissioner shall provide the internationally active insurance group at least thirty calendar days to submit any additional information pertinent to such determination or acknowledgment that is requested by the commissioner or that such insurance group chooses to submit. The commissioner shall publish in the Connecticut Law Journal and post on the Insurance Department's Internet web site a current list of internationally active insurance groups that the commissioner has determined are subject to group-wide supervision by the commissioner.
(6) The commissioner may conduct and coordinate the following group-wide supervision activities for an internationally active insurance group for which the commissioner is determined to be the group-wide supervisor:
(A) Assess the enterprise risks within the internationally active insurance group to ensure that material financial conditions of and liquidity risks to the members of such insurance group that are engaged in the business of insurance are identified by management and that reasonable and effective mitigation measures are in place;
(B) Request from members of such insurance group information necessary and appropriate to assess enterprise risk, including, but not limited to, information about governance, risk assessment and management, capital adequacy and material intercompany transactions;
(C) Coordinate and, through the authority of the regulatory officials of the jurisdictions where members of the internationally active insurance group are domiciled, compel the development and implementation of reasonable measures designed to ensure the internationally active insurance group is able to timely recognize and mitigate material enterprise risks to the members of such insurance group that are engaged in the business of insurance;
(D) Communicate with other state, federal and international regulatory agencies of the jurisdictions where members of the internationally active insurance group are domiciled and share relevant information, subject to the confidentiality provisions of section 38a-137, through a supervisory college, as set forth in subsection (n) of this section;
(E) Enter into agreements with or obtain documentation from any member insurance company registered under this section, any other member of the internationally active insurance group and any other state, federal and international regulatory agencies of the jurisdictions where members of the internationally active insurance group are domiciled, to establish or clarify the commissioner's role as group-wide supervisor and that may include provisions for resolving disputes with other regulatory officials. No such agreement or documentation shall serve as evidence that an insurance company or person within an insurance company holding system that is not domiciled or incorporated in this state is doing business in this state or is otherwise subject to the jurisdiction of this state; and
(F) Other activities necessary to effectuate the group-wide supervisory purposes of this section and sections 38a-129 to 38a-140, inclusive, and within the authority granted in said sections.
(7) If the commissioner acknowledges that a regulatory official of a jurisdiction not accredited by NAIC is the group-wide supervisor of an internationally active insurance group, the commissioner shall reasonably cooperate through a supervisory college or otherwise with group supervision undertaken by such group-wide supervisor, provided such cooperation is in compliance with the laws of this state and such group-wide supervisor recognizes and cooperates with the commissioner's activities as a group-wide supervisor for other internationally active insurance groups, where applicable. The commissioner may refuse to cooperate if the commissioner determines such recognition and cooperation are not reasonably reciprocated. The commissioner may enter into agreements with or obtain documentation from any member insurance company registered pursuant to this section, any affiliate of such insurance company and any other state, federal and international regulatory agencies of the jurisdictions where members of the internationally active insurance group are domiciled, to establish or clarify such official's role as group-wide supervisor.
(8) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to carry out the provisions of this subsection.
(9) Each insurance company registered pursuant to this section shall be liable for and shall pay the reasonable expenses of the commissioner's administration of this subsection, including the engagement of the services of attorneys, actuaries and other professionals and all reasonable travel expenses.
Sec. 52. Subsection (a) of section 31-294d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) (1) The employer, as soon as the employer has knowledge of an injury, shall provide a competent physician or surgeon to attend the injured employee and, in addition, shall furnish any medical and surgical aid or hospital and nursing service, including medical rehabilitation services and prescription drugs, as the physician or surgeon deems reasonable or necessary. The employer, any insurer acting on behalf of the employer, or any other entity acting on behalf of the employer or insurer shall be responsible for paying the cost of such prescription drugs directly to the provider. If the employer utilizes an approved providers list, when an employee reports a work-related injury or condition to the employer the employer shall provide the employee with such approved providers list within two business days of such reporting.
(2) If the injured employee is a local or state police officer, state marshal, judicial marshal, correction officer, emergency medical technician, paramedic, ambulance driver, firefighter, or active member of a volunteer fire company or fire department engaged in volunteer duties, who has been exposed in the line of duty to blood or bodily fluids that may carry blood-borne disease, the medical and surgical aid or hospital and nursing service provided by the employer shall include any relevant diagnostic and prophylactic procedure for and treatment of any blood-borne disease.
Sec. 53. Section 32-41aa of the general statutes, as amended by section 5 of public act 15-222, is repealed and the following is substituted in lieu thereof (Effective upon the effective date of section 5 of public act 15-222):
For the purpose of this section and sections 32-41bb to 32-41dd, inclusive:
(1) "Administrative costs" means the costs paid or incurred by the administrator, including, but not limited to, peer review costs, professional fees, allocated staff costs and other out-of-pocket costs attributable to the administration and operation of the Connecticut Bioscience Innovation Fund.
[(1)] (2) "Administrator" means Connecticut Innovations, Incorporated, in its capacity as administrator of the Connecticut Bioscience Innovation Fund established pursuant to section 32-41cc, as amended by this act.
[(2)] (3) "Advisory committee" means the Bioscience Innovation Advisory Committee established pursuant to section 32-41bb.
[(3)] (4) "Early-stage business" means a business that has been in operation for not more than seven years and is developing or testing a product or service that is (A) not yet available for commercial release, or (B) commercially available in a limited manner, including, but not limited to, market testing of prototypes and clinical trials that have not begun phase II evaluation.
[(4)] (5) "Eligible recipient" means a duly accredited college or university, a nonprofit corporation or a for-profit start-up or early-stage business.
[(5)] (6) "Financial assistance" means any and all forms of grants, extensions of credit, loans or loan guarantees, equity investments or other forms of financing.
[(6)] (7) "Return on investment" means any and all forms of principal or interest payments, guarantee fees, returns on equity investments, royalties, options, warrants and debentures and all other forms of remuneration to the administrator in return for any financial assistance offered or provided.
[(7)] (8) "Phase II evaluation" means a phase II clinical trial conducted under the auspices of an independent peer-reviewed protocol that has been reviewed and approved by one of the National Institutes of Health or the federal Food and Drug Administration.
Sec. 54. Subsections (d) and (e) of section 32-41cc of the general statutes are repealed and the following is substituted in lieu thereof (Effective upon the effective date of section 5 of public act 15-222):
(d) The Connecticut Bioscience Innovation Fund shall be used (1) to provide financial assistance to eligible recipients as may be approved by the advisory committee pursuant to subsection (e) of this section, [and] (2) for the repayment of state bonds in such amounts as may be required by the State Bond Commission, and (3) to pay or reimburse the administrator for administrative costs pursuant to subsection (j) of this section. Such financial assistance shall be awarded to further the development of bioscience, biomedical engineering, health information management, medical care, medical devices, medical diagnostics, pharmaceuticals, personalized medicine and other related disciplines that are likely to lead to an improvement in or development of services, therapeutics, diagnostics or devices that are commercializable and designed to advance the coordination, quality or efficiency of health care and lower health care costs, and that promise, directly or indirectly, to lead to job growth in the state in these or related fields.
(e) All expenditures from the Connecticut Bioscience Innovation Fund, except for administrative costs reimbursed to the administrator pursuant to subsection (j) of this section and amounts required for the repayment of state bonds in such amounts as may be required by the State Bond Commission, shall be approved by the advisory committee. Any such approval shall be (1) specific to an individual expenditure to be made, (2) for budgeted expenditures with such variations as the advisory committee may authorize at the time of such budget approval, or (3) for a financial assistance program to be administered by staff of the administrator, subject to limits, eligibility requirements and other conditions established by the advisory committee at the time of such program approval.
Sec. 55. Subsection (j) of section 32-41cc of the general statutes is repealed and the following is substituted in lieu thereof (Effective upon the effective date of section 5 of public act 15-222):
(j) Administrative costs shall be paid or reimbursed to the administrator from the Connecticut Bioscience Innovation Fund, provided the total of such administrative costs in any fiscal year shall not exceed five per cent of the total amount of the allotted funding for such fiscal year as determined in the operating budget prepared pursuant to subsection (i) of this section. Nothing in section 32-41aa, as amended by public act 15-222 and this act, 32-41bb or this section shall require the administrator to risk or expend the funds of Connecticut Innovations, Incorporated in connection with the administration of the Connecticut Bioscience Innovation Fund.
[(j)] (k) Not later than April 15, 2014, and annually thereafter, the administrator shall provide a report of the activities of the Connecticut Bioscience Innovation Fund to the advisory committee for its review and approval. Upon its approval, the advisory committee shall provide such report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding, appropriations, commerce, public health and higher education. Such report shall contain available information on the status and progress of the operations and funding of the Connecticut Bioscience Innovation Fund and the types, amounts and recipients of financial assistance awarded and any returns on investment.
Sec. 56. (NEW) (Effective October 1, 2015) (a) A public service company, as defined in section 16-1 of the general statutes, that requires the disclosure of a potential customer's Social Security number in order to open a new customer account shall verify the validity of the Social Security number prior to opening a new customer account to ensure that such number does not belong to a minor, as defined in section 1-1d of the general statutes. Such public service company shall cross reference the Social Security number provided with such customer's legal name, aliases, date of birth, age, current address and phone number. A public service company may use a third-party company to carry out the purpose of this subsection.
(b) A minor shall not be liable for payment of an unpaid bill to a public service company for services fraudulently obtained by an adult using such minor's Social Security number.
Sec. 57. (NEW) (Effective October 1, 2015) (a) As used in this section, "fire sprinkler system" means a system of piping and appurtenances designed and installed in accordance with generally accepted standards so that heat from a fire will automatically cause water to be discharged over the fire area to extinguish or prevent its further spread.
(b) When renting any dwelling unit, the landlord of such dwelling unit shall include notice in the rental agreement as to the existence or nonexistence of an operative fire sprinkler system in such dwelling unit and shall be printed in not less than twelve-point boldface type of uniform font.
(c) If there is an operative fire sprinkler system in the dwelling unit, the rental agreement shall provide further notice as to the last date of maintenance and inspection and shall be printed in not less than twelve-point boldface type of uniform font.
Sec. 58. Subsections (a) to (d), inclusive, of section 4a-60g of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) As used in this section and sections 4a-60h to 4a-60j, inclusive, the following terms have the following meanings:
(1) "Small contractor" means any contractor, subcontractor, manufacturer, service company or nonprofit corporation (A) that maintains its principal place of business in the state, (B) that had gross revenues not exceeding fifteen million dollars in the most recently completed fiscal year prior to such application, and (C) that is independent. "Small contractor" does not include any person who is affiliated with another person if both persons considered together have a gross revenue exceeding fifteen million dollars.
(2) "Independent" means the viability of the enterprise of the small contractor does not depend upon another person, as determined by an analysis of the small contractor's relationship with any other person in regards to the provision of personnel, facilities, equipment, other resources and financial support, including bonding.
(3) "State agency" means each state board, commission, department, office, institution, council or other agency with the power to contract for goods or services itself or through its head.
(4) "Minority business enterprise" means any small contractor (A) fifty-one per cent or more of the capital stock, if any, or assets of which are owned by a person or persons who (i) exercise operational authority over the daily affairs of the enterprise, (ii) have the power to direct the management and policies and receive the beneficial interest of the enterprise, (iii) possess managerial and technical competence and experience directly related to the principal business activities of the enterprise, and (iv) are members of a minority, as such term is defined in subsection (a) of section 32-9n, or are individuals with a disability, or (B) which is a nonprofit corporation in which fifty-one per cent or more of the persons who (i) exercise operational authority over the enterprise, (ii) possess managerial and technical competence and experience directly related to the principal business activities of the enterprise, (iii) have the power to direct the management and policies of the enterprise, and (iv) are members of a minority, as defined in this subsection, or are individuals with a disability.
(5) "Affiliated" means the relationship in which a person directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with another person.
(6) "Control" means the power to direct or cause the direction of the management and policies of any person, whether through the ownership of voting securities, by contract or through any other direct or indirect means. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing, twenty per cent or more of any voting securities of another person.
(7) "Person" means any individual, corporation, limited liability company, partnership, association, joint stock company, business trust, unincorporated organization or other entity.
(8) "Individual with a disability" means an individual (A) having a physical or mental impairment that substantially limits one or more of the major life activities of the individual, which mental impairment may include, but is not limited to, having one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", or (B) having a record of such an impairment.
(9) "Nonprofit corporation" means a nonprofit corporation incorporated pursuant to chapter 602 or any predecessor statutes thereto.
(10) "Municipality" means any town, city, borough, consolidated town and city or consolidated town and borough.
(11) "Quasi-public agency" means the Connecticut Health and Educational Facilities Authority, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Student Loan Foundation, the Connecticut Housing Finance Authority, the Connecticut Housing Authority, the Materials Innovation and Recycling Authority, the Connecticut Lottery Corporation, the Connecticut Airport Authority, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, the Connecticut Port Authority and the State Education Resource Center.
(12) "Awarding agency" means a state agency or political subdivision of the state other than a municipality.
(13) "Public works contract" has the same meaning as provided in section 46a-68b, as amended by this act.
(14) "Municipal public works contract" means that portion of an agreement entered into on or after October 1, 2015, between any individual, firm or corporation and a municipality for the construction, rehabilitation, conversion, extension, demolition or repair of a public building, highway or other changes or improvements in real property, which is financed in whole or in part by the state, including, but not limited to, matching expenditures, grants, loans, insurance or guarantees but excluding any project of an alliance district, as defined in section 10-262u, financed by state funding in an amount equal to fifty thousand dollars or less.
(15) "Quasi-public agency project" means the construction, rehabilitation, conversion, extension, demolition or repair of a building or other changes or improvements in real property pursuant to a contract entered into on or after October 1, 2015, which is financed in whole or in part by a quasi-public agency using state funds, including, but not limited to, matching expenditures, grants, loans, insurance or guarantees.
(b) (1) It is found and determined that there is a serious need to help small contractors, minority business enterprises, nonprofit organizations and individuals with disabilities to be considered for and awarded state contracts for [the construction, reconstruction or rehabilitation of public buildings, the construction and maintenance of highways and] the purchase of goods and services, public works contracts, municipal public works contracts and contracts for quasi-public agency projects. Accordingly, the necessity [, in the public interest and for the public benefit and good,] of awarding such contracts in compliance with the provisions of this section, sections 4a-60h to 4a-60j, inclusive, and sections 32-9i to 32-9p, inclusive, for advancement of the public benefit and good, is declared as a matter of legislative determination.
(2) Notwithstanding any provisions of the general statutes, [to the contrary,] and except as set forth [herein] in this section, the head of each [state] awarding agency [and each political subdivision of the state other than a municipality] shall set aside in each fiscal year, for award to small contractors, on the basis of competitive bidding procedures, contracts or portions of contracts for the construction, reconstruction or rehabilitation of public buildings, the construction and maintenance of highways and the purchase of goods and services. [Eligibility of nonprofit corporations under the provisions of this section shall be limited to predevelopment contracts awarded by the Commissioner of Housing for housing projects.] The total value of such contracts or portions thereof to be set aside by each such agency shall be at least twenty-five per cent of the total value of all contracts let by the head of such agency in each fiscal year, provided [that neither: (1) A contract that may not be set aside due to a conflict with a federal law or regulation; or (2)] a contract for any goods or services which have been determined by the Commissioner of Administrative Services to be not customarily available from or supplied by small contractors shall not be included. Contracts or portions thereof having a value of not less than twenty-five per cent of the total value of all contracts or portions thereof to be set aside shall be reserved for awards to minority business enterprises.
(3) Notwithstanding any provision of the general statutes, and except as provided in this section, on and after October 1, 2015, each municipality when awarding a municipal public works contract shall state in its notice of solicitation for competitive bids or request for proposals or qualifications for such contract that the general or trade contractor shall be required to comply with the provisions of this section and the requirements concerning nondiscrimination and affirmative action under sections 4a-60 and 4a-60a, as amended by this act. Any such contractor awarded a municipal public works contract shall, on the basis of competitive bidding procedures, (A) set aside at least twenty-five per cent of the total value of the state's financial assistance for such contract for award to subcontractors who are small contractors, and (B) of that portion to be set aside in accordance with subparagraph (A) of this subdivision, reserve a portion equivalent to twenty-five per cent of the total value of the contract or portion thereof to be set aside for awards to subcontractors who are minority business enterprises. The provisions of this section shall not apply to any municipality that has established a set-aside program pursuant to section 7-148u where the percentage of contracts set aside for minority business enterprises is equivalent to or exceeds the percentage set forth in this subsection.
(4) Notwithstanding any provision of the general statutes, and except as provided in this section, on and after October 1, 2015, any individual, firm or corporation that enters into a contract for a quasi-public agency project shall, prior to awarding such contract, notify the contractor to be awarded such project of the requirements of this section and the requirements concerning nondiscrimination and affirmative action under sections 4a-60 and 4a-60a, as amended by this act. Any such contractor awarded a contract for a quasi-public agency project shall, on the basis of competitive bidding procedures, (A) set aside at least twenty-five per cent of the total value of the state's financial assistance for such contract for award to subcontractors who are small contractors, and (B) of that portion to be set aside in accordance with subparagraph (A) of this subdivision, reserve a portion equivalent to twenty-five per cent of the total value of the contract or portions thereof to be set aside for awards to subcontractors who are minority business enterprises.
(5) Eligibility of nonprofit corporations under the provisions of this section shall be limited to predevelopment contracts awarded by the Commissioner of Housing for housing projects.
(6) In calculating the percentage of contracts to be set aside under subdivisions (2) to (4), inclusive, of this subsection, the awarding agency or contractor shall exclude any contract that may not be set aside due to a conflict with a federal law or regulation.
(c) The head of any [state] awarding agency [or political subdivision of the state other than a municipality] may, in lieu of setting aside any contract or portions thereof, require any general or trade contractor or any other entity authorized by such agency to award contracts, to set aside a portion of any contract for subcontractors who are eligible for set-aside contracts under this section. Nothing in this subsection shall be construed to diminish the total value of contracts which are required to be set aside by any [state] awarding agency [or political subdivision of the state other than a municipality] pursuant to this section.
(d) The [heads of all state agencies and of each political subdivision of the state other than a municipality] head of each awarding agency shall notify the Commissioner of Administrative Services of all contracts to be set aside pursuant to subdivision (2) of subsection (b) or subsection (c) of this section at the time that bid documents for such contracts are made available to potential contractors.
Sec. 59. Subsection (h) of section 4a-60g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(h) The provisions of this section shall not apply to (1) any [state] awarding agency [or political subdivision of the state other than a municipality] for which the total value of all contracts or portions of contracts of the types enumerated in subdivision (2) of subsection (b) of this section is anticipated to be equal to ten thousand dollars or less, or (2) any municipal public works contract or contract for a quasi-public agency project for which the total value of the contract is anticipated to be equal to fifty thousand dollars or less.
Sec. 60. Subsection (j) of section 4a-60g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(j) (1) Whenever the awarding [authority] agency has reason to believe that any contractor or subcontractor awarded a state set-aside contract has wilfully violated any provision of this section, the awarding [authority] agency shall send a notice to such contractor or subcontractor by certified mail, return receipt requested. Such notice shall include: (A) A reference to the provision alleged to be violated; (B) a short and plain statement of the matter asserted; (C) the maximum civil penalty that may be imposed for such violation; and (D) the time and place for the hearing. Such hearing shall be fixed for a date not earlier than fourteen days after the notice is mailed. The awarding [authority] agency shall send a copy of such notice to the Commission on Human Rights and Opportunities.
(2) The awarding [authority] agency shall hold a hearing on the violation asserted unless such contractor or subcontractor fails to appear. The hearing shall be held in accordance with the provisions of chapter 54. If, after the hearing, the awarding [authority] agency finds that the contractor or subcontractor has wilfully violated any provision of this section, the awarding [authority] agency shall suspend all set-aside contract payments to the contractor or subcontractor and may, in its discretion, order that a civil penalty not exceeding ten thousand dollars per violation be imposed on the contractor or subcontractor. If such contractor or subcontractor fails to appear for the hearing, the awarding [authority] agency may, as the facts require, order that a civil penalty not exceeding ten thousand dollars per violation be imposed on the contractor or subcontractor. The awarding [authority] agency shall send a copy of any order issued pursuant to this subsection by certified mail, return receipt requested, to the contractor or subcontractor named in such order. The awarding [authority] agency may cause proceedings to be instituted by the Attorney General for the enforcement of any order imposing a civil penalty issued under this subsection.
Sec. 61. Subsections (l) and (m) of section 4a-60g of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(l) On or before [August 30, 2007, and annually thereafter] August first of each year, each [state] awarding agency [and each political subdivision of the state other than a municipality] setting aside contracts or portions of contracts under subdivision (2) of subsection (b) of this section shall prepare a report establishing small and minority business state set-aside program goals for the twelve-month period beginning July first in the same year. Each such report shall be submitted to the Commissioner of Administrative Services, the Commission on Human Rights and Opportunities and the cochairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to planning and development and government administration. [and elections.]
(m) On or before [November 1, 1995, and] November first of each year and on a quarterly basis thereafter, each [state] awarding agency [and each political subdivision of the state other than a municipality] setting aside contracts or portions of contracts under subdivision (2) of subsection (b) of this section shall prepare a status report on the implementation and results of its small business and minority business enterprise state set-aside program goals during the three-month period ending one month before the due date for the report. Each report shall be submitted to the Commissioner of Administrative Services and the Commission on Human Rights and Opportunities. Any [state] awarding agency [or political subdivision of the state, other than a municipality,] that achieves less than fifty per cent of its small contractor and minority business enterprise state set-aside program goals by the end of the second reporting period in any twelve-month period beginning on July first shall provide a written explanation to the Commissioner of Administrative Services and the Commission on Human Rights and Opportunities detailing how the awarding agency [or political subdivision] will achieve its goals in the final reporting period. The Commission on Human Rights and Opportunities shall: (1) Monitor the achievement of the annual goals established by each [state] awarding agency; [and political subdivision of the state other than a municipality;] and (2) prepare a quarterly report concerning such goal achievement. The report shall be submitted to each [state] awarding agency that submitted a report, the Commissioner of Economic and Community Development, the Commissioner of Administrative Services and the cochairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to planning and development and government administration. [and elections.] Failure by any [state] awarding agency [or political subdivision of the state other than a municipality] to submit any reports required by this section shall be a violation of section 46a-77.
Sec. 62. Section 4a-60h of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) The Commissioner of Administrative Services shall be responsible for the administration of the set-aside program for public works contracts and state contracts for goods and services, as described in subdivision (2) of subsection (b) of section 4a-60g, as amended by this act. The commissioner shall conduct regular training sessions, as often as the commissioner deems necessary, for state agencies to explain the state set-aside program and to specify the factors that must be addressed in calculating awarding agency goals under the program. The commissioner shall conduct informational workshops to inform businesses of state set-aside opportunities and responsibilities.
(b) The Commission on Human Rights and Opportunities shall be responsible for the administration of the set-aside program for municipal public works contracts and contracts for quasi-public agency projects, as described in subdivisions (3) and (4) of subsection (b) of section 4a-60g, as amended by this act. The commission shall conduct regular training sessions, as often as the commission deems necessary, for municipalities, quasi-public agencies and contractors to explain the municipal and quasi-public agency project set-aside program. The commission may adopt regulations in accordance with the provisions of chapter 54, to carry out the purposes of sections 4a-60g to 4a-60j, inclusive, as amended by this act, in regard to the municipal and quasi-public agency project set-aside program.
(c) In any case where an individual contract is both a public works contract of an awarding agency and a quasi-public agency project contract, the provisions of this chapter governing awarding agency public works contracts shall apply to such contract.
[(b)] (d) The [commissioner] Commissioner of Administrative Services shall adopt regulations in accordance with the provisions of chapter 54 to carry out the purposes of sections 4a-60g to 4a-60j, inclusive, as amended by this act, in regard to the state set-aside program. Such regulations shall include (1) provisions concerning the application of the program to individuals with a disability; (2) guidelines for a legally acceptable format for, and content of, letters of credit authorized under subsection (j) of section 4a-60g, as amended by this act; (3) procedures for random site visits to the place of business of an applicant for certification at the time of application and at subsequent times, as necessary, to ensure the integrity of the application process; and (4) time limits for approval or disapproval of applications.
[(c)] (e) On or before January 1, 1994, the Commissioner of Administrative Services shall, by regulations adopted in accordance with chapter 54, establish a process to ensure that small contractors, small businesses and minority business enterprises have fair access to all competitive state contracts outside of the state set-aside program.
Sec. 63. Section 4a-60 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) Every contract to which [the state or any political subdivision of the state other than a municipality] an awarding agency is a party, every quasi-public agency project contract and every municipal public works contract shall contain the following provisions:
(1) The contractor agrees and warrants that in the performance of the contract such contractor will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved, in any manner prohibited by the laws of the United States or of the state of Connecticut; and the contractor further agrees to take affirmative action to insure that applicants with job-related qualifications are employed and that employees are treated when employed without regard to their race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved;
(2) The contractor agrees, in all solicitations or advertisements for employees placed by or on behalf of the contractor, to state that it is an "affirmative action-equal opportunity employer" in accordance with regulations adopted by the [commission] Commission on Human Rights and Opportunities;
(3) The contractor agrees to provide each labor union or representative of workers with which such contractor has a collective bargaining agreement or other contract or understanding and each vendor with which such contractor has a contract or understanding, a notice to be provided by the [commission] Commission on Human Rights and Opportunities advising the labor union or workers' representative of the contractor's commitments under this section, and to post copies of the notice in conspicuous places available to employees and applicants for employment;
(4) The contractor agrees to comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or relevant order issued by said commission pursuant to sections 46a-56, as amended by this act, 46a-68e, [and] 46a-68f and 46a-86; and
(5) The contractor agrees to provide the Commission on Human Rights and Opportunities with such information requested by the commission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of the contractor as relate to the provisions of this section and section 46a-56, as amended by this act.
(b) If the contract is a public works contract, municipal public works contract or contract for a quasi-public agency project, the contractor agrees and warrants that he or she will make good faith efforts to employ minority business enterprises as subcontractors and suppliers of materials on such public works or quasi-public agency project.
(c) (1) Any contractor who has one or more contracts with [the state or a political subdivision of the state that] an awarding agency or who is a party to a municipal public works contract or a contract for a quasi-public agency project, where any such contract is valued at less than fifty thousand dollars for each year of the contract, shall provide the [state or such political subdivision of the state] awarding agency, or in the case of a municipal public works or quasi-public agency project contract, the Commission on Human Rights and Opportunities, with a written or electronic representation that complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section, provided if there is any change in such representation, the contractor shall provide the updated representation to the [state or such political subdivision] awarding agency or commission not later than thirty days after such change.
(2) Any contractor who has one or more contracts with [the state or a political subdivision of the state that] an awarding agency or who is a party to a municipal public works contract or a contract for a quasi-public agency project, where any such contract is valued at fifty thousand dollars or more for any year of the contract, shall provide the [state or such political subdivision of the state] awarding agency, or in the case of a municipal public works or quasi-public agency project contract, the Commission on Human Rights and Opportunities, with any one of the following:
(A) Documentation in the form of a company or corporate policy adopted by resolution of the board of directors, shareholders, managers, members or other governing body of such contractor that complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section;
(B) Documentation in the form of a company or corporate policy adopted by a prior resolution of the board of directors, shareholders, managers, members or other governing body of such contractor if (i) the prior resolution is certified by a duly authorized corporate officer of such contractor to be in effect on the date the documentation is submitted, and (ii) the head of the awarding agency, [of the state or such political subdivision,] or a designee, or in the case of a municipal public works or quasi-public agency project contract, the executive director of the Commission on Human Rights and Opportunities or a designee, certifies that the prior resolution complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section; or
(C) Documentation in the form of an affidavit signed under penalty of false statement by a chief executive officer, president, chairperson or other corporate officer duly authorized to adopt company or corporate policy that certifies that the company or corporate policy of the contractor complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section and is in effect on the date the affidavit is signed.
(3) [Neither the state nor any political subdivision] No awarding agency, or in the case of a municipal public works contract, no municipality, or in the case of a quasi-public agency project contract, no entity, shall award a contract to a contractor who has not provided the representation or documentation required under subdivisions (1) and (2) of this subsection, as applicable. After the initial submission of such representation or documentation, the contractor shall not be required to resubmit such representation or documentation unless there is a change in the information contained in such representation or documentation. If there is any change in the information contained in the most recently filed representation or updated documentation, the contractor shall submit an updated representation or documentation, as applicable, either (A) not later than thirty days after the effective date of such change, or (B) upon the execution of a new contract with the [state or a political subdivision of the state] awarding agency, municipality or entity, as applicable, whichever is earlier. Such contractor shall also certify, in accordance with subparagraph (B) or (C) of subdivision (2) of this subsection, to the [state or political subdivision] awarding agency or commission, as applicable, not later than fourteen days after the twelve-month anniversary of the most recently filed representation, documentation or updated representation or documentation, that the representation on file with the [state or political subdivision] awarding agency or commission, as applicable, is current and accurate.
(d) For the purposes of this section, "contract" includes any extension or modification of the contract, "contractor" includes any successors or assigns of the contractor, "marital status" means being single, married as recognized by the state of Connecticut, widowed, separated or divorced, and "mental disability" means one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", or a record of or regarding a person as having one or more such disorders. For the purposes of this section, "contract" does not include a contract where each contractor is (1) a political subdivision of the state, including, but not limited to, a municipality, [(2) a quasi-public agency, as defined in section 1-120, (3)] unless the contract is a municipal public works contract or quasi-public agency project contract, (2) any other state, as defined in section 1-267, [(4)] (3) the federal government, [(5)] (4) a foreign government, or [(6)] (5) an agency of a subdivision, [agency,] state or government described in [subparagraph] subdivision (1), (2), (3) [,] or (4) [or (5)] of this subsection.
(e) For the purposes of this section, "minority business enterprise" means any small contractor or supplier of materials fifty-one per cent or more of the capital stock, if any, or assets of which is owned by a person or persons: (1) Who are active in the daily affairs of the enterprise, (2) who have the power to direct the management and policies of the enterprise, and (3) who are members of a minority, as such term is defined in subsection (a) of section 32-9n; and "good faith" means that degree of diligence which a reasonable person would exercise in the performance of legal duties and obligations. "Good faith efforts" shall include, but not be limited to, those reasonable initial efforts necessary to comply with statutory or regulatory requirements and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to comply with such requirements.
(f) Determination of the contractor's good faith efforts shall include, but shall not be limited to, the following factors: The contractor's employment and subcontracting policies, patterns and practices; affirmative advertising, recruitment and training; technical assistance activities and such other reasonable activities or efforts as the [commission] Commission on Human Rights and Opportunities may prescribe that are designed to ensure the participation of minority business enterprises in public works projects.
(g) The contractor shall develop and maintain adequate documentation, in a manner prescribed by the [commission] Commission on Human Rights and Opportunities, of its good faith efforts.
(h) The contractor shall include the provisions of subsections (a) and (b) of this section in every subcontract or purchase order entered into in order to fulfill any obligation of a contract with the state, and in every subcontract entered into in order to fulfill any obligation of a municipal public works contract or contract for a quasi-public agency project, and such provisions shall be binding on a subcontractor, vendor or manufacturer, unless exempted by regulations or orders of the [commission] Commission on Human Rights and Opportunities. The contractor shall take such action with respect to any such subcontract or purchase order as the commission may direct as a means of enforcing such provisions, including sanctions for noncompliance in accordance with section 46a-56; provided, if such contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the commission regarding a state contract, the contractor may request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the interests of the state and the state may so enter.
Sec. 64. Section 4a-60a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) Every contract to which [the state or any political subdivision of the state other than a municipality] an awarding agency is a party, every contract for a quasi-public agency project and every municipal public works contract shall contain the following provisions:
(1) The contractor agrees and warrants that in the performance of the contract such contractor will not discriminate or permit discrimination against any person or group of persons on the grounds of sexual orientation, in any manner prohibited by the laws of the United States or of the state of Connecticut, and that employees are treated when employed without regard to their sexual orientation;
(2) The contractor agrees to provide each labor union or representative of workers with which such contractor has a collective bargaining agreement or other contract or understanding and each vendor with which such contractor has a contract or understanding, a notice to be provided by the Commission on Human Rights and Opportunities advising the labor union or workers' representative of the contractor's commitments under this section, and to post copies of the notice in conspicuous places available to employees and applicants for employment;
(3) The contractor agrees to comply with each provision of this section and with each regulation or relevant order issued by said commission pursuant to section 46a-56; and
(4) The contractor agrees to provide the Commission on Human Rights and Opportunities with such information requested by the commission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of the contractor which relate to the provisions of this section and section 46a-56.
(b) (1) Any contractor who has one or more contracts with [the state or a political subdivision of the state that] an awarding agency or who is a party to a municipal public works contract or a contract for a quasi-public agency project, where any such contract is valued at less than fifty thousand dollars for each year of the contract, shall provide the [state or such political subdivision of the state] awarding agency, or in the case of a municipal public works or quasi-public agency project contract, the Commission on Human Rights and Opportunities, with a written representation that complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section.
(2) Any contractor who has one or more contracts with [the state or a political subdivision of the state that] an awarding agency or who is a party to a municipal public works contract or a contract for a quasi-public agency project, where any such contract is valued at fifty thousand dollars or more for any year of the contract, shall provide [the state or such political subdivision of the state] such awarding agency, or in the case of a municipal public works or quasi-public agency project contract, the Commission on Human Rights and Opportunities, with any of the following:
(A) Documentation in the form of a company or corporate policy adopted by resolution of the board of directors, shareholders, managers, members or other governing body of such contractor that complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section;
(B) Documentation in the form of a company or corporate policy adopted by a prior resolution of the board of directors, shareholders, managers, members or other governing body of such contractor if (i) the prior resolution is certified by a duly authorized corporate officer of such contractor to be in effect on the date the documentation is submitted, and (ii) the head of the [agency of the state or such political subdivision] awarding agency, or a designee, or in the case of a municipal public works or quasi-public agency project contract, the executive director of the Commission on Human Rights and Opportunities or a designee, certifies that the prior resolution complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section; or
(C) Documentation in the form of an affidavit signed under penalty of false statement by a chief executive officer, president, chairperson or other corporate officer duly authorized to adopt company or corporate policy that certifies that the company or corporate policy of the contractor complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section and is in effect on the date the affidavit is signed.
(3) [Neither the state nor any political subdivision] No awarding agency, or in the case of a municipal public works contract, no municipality, or in the case of a quasi-public agency project contract, no entity, shall award a contract to a contractor who has not provided the representation or documentation required under subdivisions (1) and (2) of this subsection, as applicable. After the initial submission of such representation or documentation, the contractor shall not be required to resubmit such representation or documentation unless there is a change in the information contained in such representation or documentation. If there is any change in the information contained in the most recently filed representation or updated documentation, the contractor shall submit an updated representation or documentation, as applicable, either (A) not later than thirty days after the effective date of such change, or (B) upon the execution of a new contract with the [state or a political subdivision of the state] awarding agency, municipality, or entity, as applicable, whichever is earlier. Such contractor shall also certify, in accordance with subparagraph (B) or (C) of subdivision (2) of this subsection, to the [state or political subdivision] awarding agency or commission, as applicable, not later than fourteen days after the twelve-month anniversary of the most recently filed representation, documentation or updated representation or documentation, that the representation on file with the [state or political subdivision] awarding agency or commission, as applicable, is current and accurate.
(4) For the purposes of this section, "contract" includes any extension or modification of the contract, and "contractor" includes any successors or assigns of the contractor. For the purposes of this section, "contract" does not include a contract where each contractor is (A) a political subdivision of the state, including, but not limited to, a municipality, [(B) a quasi-public agency, as defined in section 1-120, (C)] unless the contract is a municipal public works contract or quasi-public agency project contract, (B) any other state, as defined in section 1-267, [(D)] (C) the federal government, [(E)] (D) a foreign government, or [(F)] (E) an agency of a subdivision, [agency,] state or government described in subparagraph (A), (B), (C) [,] or (D) [or (E)] of this subdivision.
(c) The contractor shall include the provisions of subsection (a) of this section in every subcontract or purchase order entered into in order to fulfill any obligation of a contract with the state, and in every subcontract entered into in order to fulfill any obligation of a municipal public works contractor contract for a quasi-public agency project, and such provisions shall be binding on a subcontractor, vendor or manufacturer unless exempted by regulations or orders of the [commission] Commission on Human Rights and Opportunities. The contractor shall take such action with respect to any such subcontract or purchase order as the commission may direct as a means of enforcing such provisions, including sanctions for noncompliance in accordance with section 46a-56, as amended by this act; provided, if such contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the commission regarding a state contract, the contractor may request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the interests of the state and the state may so enter.
Sec. 65. Section 4a-62 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) There is established a Minority Business Enterprise Review Committee. The committee shall consist of two members of the House of Representatives appointed by the speaker of the House, two members of the House appointed by the minority leader of the House, two members of the Senate appointed by the president pro tempore of the Senate, and two members of the Senate appointed by the minority leader of the Senate. The committee shall conduct an ongoing study of contract awards, loans and bonds made or guaranteed by [the state or any political subdivision of the state other than a municipality] awarding agencies and of municipal public works contracts and contracts for quasi-public agency projects for the purpose of determining the extent of compliance with the provisions of the general statutes concerning contract awards, loans and bonds for minority business enterprises, including the set-aside program for such business enterprises.
(b) The committee may request (1) any awarding agency [of the state] authorized to award public works contracts or to enter into purchase of goods or services contracts, or (2) in the case of a municipal public works contract or contract for a quasi-public agency project, the Commission on Human Rights and Opportunities, to submit such information on compliance with sections 4a-60, as amended by this act, and 4a-60g, as amended by this act, and at such times as the committee may require. The committee shall consult with the Departments of Administrative Services, Transportation and Economic and Community 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 Committee on Legislative Management on the results of its ongoing study and include its recommendations, if any, for legislation.
Sec. 66. Section 46a-68b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
As used in this section and sections 4a-60, as amended by this act, 4a-60a, as amended by this act, [4a-60g,] 4a-62, as amended by this act, 46a-56, as amended by this act, and 46a-68c to 46a-68k, inclusive, as amended by this act: "Public works contract" means any agreement between any individual, firm or corporation and the state or any political subdivision of the state other than a municipality for construction, rehabilitation, conversion, extension, demolition or repair of a public building, highway or other changes or improvements in real property, or which is financed in whole or in part by the state, including, but not limited to, matching expenditures, grants, loans, insurance or guarantees and "municipal public works contract", "quasi-public agency project" and "awarding agency" have the same meanings as provided in section 4a-60g, as amended by this act.
Sec. 67. Section 46a-68c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
In addition to the provisions of section 4a-60, as amended by this act, each contractor with fifty or more employees awarded a public works contract, municipal public works contract or contract for a quasi-public agency project in excess of fifty thousand dollars in any fiscal year, but not subject to the provisions of section 46a-68d, as amended by this act, shall develop and file with the [commission] Commission on Human Rights and Opportunities an affirmative action plan which shall comply with regulations adopted by [said] the commission. Failure to develop an approved affirmative action plan pursuant to this section shall act as a bar to bidding on or the award of future contracts until such requirement has been met. When the commission approves an affirmative action plan pursuant to this section, it shall issue a certificate of compliance to the contractor. This certificate shall be prima facie proof of the contractor's eligibility to bid or be awarded contracts for a period of two years from the date of the certificate. Such certificate shall not excuse the contractor from monitoring by the commission or from the reporting and record-keeping requirements of sections 46a-68e and 46a-68f. The commission may revoke the certificate of a contractor if the contractor does not implement its affirmative action plan in compliance with this section and sections 4a-60, as amended by this act, 4a-60g, as amended by this act, 4a-62, as amended by this act, 46a-56, as amended by this act, 46a-68b, as amended by this act, 46a-68d, as amended by this act, and 46a-68e to 46a-68k, inclusive, as amended by this act.
Sec. 68. Section 46a-68d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
In addition to the provisions of section 4a-60, as amended by this act, every public works contract, municipal public works contract or contract for a quasi-public agency project subject to the provisions of part II of chapter 60 shall also be subject to the provisions of this section. After a bid has been accepted but before a contract is awarded, the successful bidder shall file with and have [approved by the commission] obtained the approval of the commission for an affirmative action plan. The commission may provide for conditional acceptance of an affirmative action plan provided written assurances are given by the contractor that it will amend its plan to conform to affirmative action requirements. [The] In the case of a public works contract, the state shall withhold two per cent of the total contract price per month from any payment made to such contractor until such time as the contractor has developed an affirmative action plan, and received the approval of the commission. In the case of a municipal public works contract or contract for a quasi-public agency project, the municipality or entity, as applicable, shall withhold two per cent of the total contract price per month from any payment made to such contractor until such time as the contractor has developed an affirmative action plan and received the approval of the commission. Notwithstanding the provisions of this section, a contractor subject to the provisions of this section may file a plan in advance of or at the same time as its bid. The commission shall review plans submitted pursuant to this section within sixty days of receipt and either approve, approve with conditions or reject such plan. When the commission approves an affirmative action plan pursuant to this section, it shall issue a certificate of compliance to the contractor as provided in section 46a-68c, as amended by this act.
Sec. 69. Section 46a-68g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
[Contracting agencies] No awarding agency, or in the case of a municipal public works contract, no municipality, or in the case of a quasi-public agency project contract, no entity, shall [not] enter into [contracts] a contract with any bidder or prospective contractor unless the bidder or prospective contractor has satisfactorily complied with the provisions of sections 4a-60, as amended by this act, 4a-60g, as amended by this act, 46a-56, as amended by this act, and 46a-68c to 46a-68f, inclusive, as amended by this act, or submits a program for compliance acceptable to the commission.
Sec. 70. Section 46a-68k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) If the commission determines an awarding agency [of the state] or in the case of a municipal public works contract, a municipality, has a contract compliance program which is at least equivalent to the requirements and responsibilities of sections 4a-60, as amended by this act, and 46a-68c to 46a-68f, inclusive, as amended by this act, such agency or municipality, subject to the approval of the commission, may use its own compliance program. Any contractor who is a party to a public works contract with such agency or municipality may be relieved of the requirements and responsibilities of said sections, provided such contractor complies with the requirements of such agency's or municipality's contract compliance program.
(b) The commission shall adopt regulations in accordance with chapter 54 to carry out the purposes of this section, including, but not limited to, establishing a procedure for such determination and approval.
Sec. 71. Subsections (c) and (d) of section 46a-56 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(c) If the commission determines through its monitoring and compliance procedures that a contractor or subcontractor is not complying with antidiscrimination statutes or contract provisions required under section 4a-60, as amended by this act, or 4a-60a, as amended by this act, or [the provisions of] sections 46a-68c to 46a-68f, inclusive, as amended by this act, the commission may issue a complaint pursuant to subsection (c) of section 46a-82. Such complaint shall be scheduled for a hearing before a [hearing officer or] human rights referee appointed by the chief referee to act as a presiding officer. Such hearing shall be held in accordance with chapter 54 and section 46a-84, as amended by this act. If, after such hearing, the presiding officer makes a finding of noncompliance with antidiscrimination statutes or contract provisions required under section 4a-60, as amended by this act, or 4a-60a, as amended by this act, or [the provisions of] sections 46a-68c to 46a-68f, inclusive, as amended by this act, the presiding officer shall order such relief as is necessary to achieve full compliance with any antidiscrimination statute and required contract provisions. The presiding officer may: (1) [Order] (A) In the case of a state contract, order the state to retain two per cent of the total contract price per month on any existing contract with such contractor that the state withheld pursuant to section 46a-68d and transfer the funds to the State Treasurer for deposit in the special fund described in subsection (e) of this section, or (B) in the case of a municipal public works or quasi-public agency contract, order the municipality or entity to retain two per cent of the total contract price per month on any existing contract with such contractor; (2) prohibit the contractor from participation in any further contracts with state agencies or any further municipal public works contracts or quasi-public agency project contracts, as applicable until: (A) The expiration of a period of two years from the date of the finding of noncompliance, or (B) the presiding officer determines that the contractor has adopted policies consistent with such statutes, provided the presiding officer shall make such determination [within] not later than forty-five days [of] after such finding of noncompliance; (3) publish, or cause to be published, the names of contractors or unions that the presiding officer has found to be in noncompliance with such provisions; (4) notify the Attorney General that, in cases in which there is substantial [or material] violation or the threat of substantial [or material] violation of [the contractual provisions set forth in] section 4a-60, as amended by this act, or 4a-60a, as amended by this act, appropriate proceedings should be brought to enforce such provisions, including the enjoining [, within the limitations of applicable law,] of organizations, individuals or groups [who] that prevent, [directly or indirectly,] or seek to prevent, [directly or indirectly,] compliance with [the provisions of] section 4a-60, as amended by this act, or 4a-60a, as amended by this act; (5) recommend to the Equal Employment Opportunity Commission or the Department of Justice that appropriate proceedings be instituted under Title VII of the Civil Rights Act of 1964 [,] or related laws when necessary; (6) recommend to the appropriate prosecuting authority that criminal proceedings be brought for the furnishing of false information to any [contracting] awarding agency or to the commission; [as the case may be;] (7) order the contractor to bring itself into compliance with antidiscrimination statutes or contract provisions required under section 4a-60, as amended by this act, or 4a-60a, as amended by this act, or sections 46a-68c to 46a-68f, inclusive, as amended by this act, [within] not later than a period of thirty days after the issuance of such order or, for good cause shown, within an additional period of thirty days, and, if such contractor fails to bring itself into such compliance within such time period and such noncompliance is substantial [or material] or there is a pattern of noncompliance, recommend to the [contracting] awarding agency that such agency declare the contractor to be in breach of the contract and that such agency pursue all available remedies or, in the case of a municipal public works or quasi-public agency project contract, recommend the municipality or entity to make such a declaration and pursue all available remedies; [or] (8) order the [contracting] awarding agency or, in the case of a municipal public works or quasi-public agency project contract, the municipality or entity, to refrain from entering into further contracts, or extensions or other modifications of existing contracts, with any noncomplying contractor, until such contractor has satisfied the commission that such contractor has established and will carry out personnel and employment policies in compliance with antidiscrimination statutes and [the provisions of] section 4a-60, as amended by this act, or 4a-60a, as amended by this act, and sections 46a-68c to 46a-68f, inclusive, as amended by this act; or (9) order two or more remedies or other relief designed to achieve full compliance with antidiscrimination statutes and required contract provisions. The commission shall adopt regulations, in accordance with chapter 54, to implement the provisions of this section.
(d) If the commission determines, through its monitoring and compliance procedures, [and after a complaint is filed and a hearing is held pursuant to subsection (c) of this section,] that, with respect to a state contract, municipal public works contract or quasi-public agency project contract, a contractor, subcontractor, service provider or supplier of materials has (1) fraudulently qualified as a minority business enterprise, or (2) performed services or supplied materials on behalf of another contractor, subcontractor, service provider or supplier of materials knowing (A) that such other contractor, subcontractor, service provider or supplier has fraudulently qualified as a minority business enterprise in order to appear to comply with antidiscrimination statutes or contract provisions required under section 4a-60, as amended by this act, or 4a-60a, as amended by this act, and (B) that such services or materials are to be used in connection with a contract entered into pursuant to subsection (b) of section 4a-60g, as amended by this act, [the hearing officer or human rights referee before whom such hearing was held] the commission may issue a complaint pursuant to subsection (c) of section 46a-82. Such complaint shall be scheduled for a hearing before a referee assigned by the chief referee to act as a presiding officer. Such hearing shall be held in accordance with chapter 54 and section 46a-84, as amended by this act. If, after such hearing, the presiding officer makes a finding that a contractor, subcontractor, service provider or supplier of materials has violated this subsection, the presiding officer shall assess a civil penalty of not more than ten thousand dollars upon such contractor, subcontractor, service provider or supplier of materials.
(e) The Attorney General, upon complaint of the commission, shall institute a civil action in the superior court for the judicial district of Hartford to recover [such] any penalty assessed pursuant to subsection (d) of this section. Any penalties recovered pursuant to this subsection shall be deposited in a special fund and shall be held by the State Treasurer separate and apart from all other moneys, funds and accounts. The resources in such fund shall, pursuant to regulations adopted by the commission in accordance with the provisions of chapter 54, be used to assist minority business enterprises. As used in this section, "minority business enterprise" means any contractor, subcontractor or supplier of materials fifty-one per cent or more of the capital stock, if any, or assets of which is owned by a person or persons: [(i)] (1) Who are active in the daily affairs of the enterprise; [(ii)] (2) who have the power to direct the management and policies of the enterprise; and [(iii)] (3) who are members of a minority, as defined in subsection (a) of section 32-9n.
Sec. 72. Subsection (d) of section 46a-57 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(d) When serving as a presiding officer as provided in section 46a-84, as amended by this act, each human rights referee [or hearing officer] shall have the same subpoena powers as are granted to commissioners by subdivision (9) of section 46a-54. Each presiding officer shall also have the power to determine a reasonable fee to be paid to an expert witness [, including, but not limited to, any practitioner of the healing arts, as defined in section 20-1, dentist, registered nurse or licensed practical nurse, as defined in section 20-87a, and real estate appraiser when any such expert witness is summoned by the commission to give expert testimony, in person or by deposition, in any contested case proceeding, pursuant to section 46a-84. Such fee shall be paid to the expert witness in lieu of all other witness fees] called by the commission to give expert testimony in person or by deposition pursuant to section 46a-84, as amended by this act. Such fee shall be paid to the expert witness in lieu of all other witness fees.
Sec. 73. Subsection (a) of section 46a-58 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) It shall be a discriminatory practice in violation of this section for any person to subject, or cause to be subjected, any other person to the deprivation of any rights, privileges or immunities, secured or protected by the Constitution or laws of this state or of the United States, on account of religion, national origin, alienage, color, race, sex, gender identity or expression, sexual orientation, blindness, mental disability or physical disability.
Sec. 74. Subsection (a) of section 46a-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) Any person claiming to be aggrieved by an alleged discriminatory practice, except for an alleged violation of section 4a-60g or 46a-68 or the provisions of sections 46a-68c to 46a-68f, inclusive, may, by himself or herself or by such person's attorney, [make, sign and] file with the commission a complaint in writing under oath, [which] except that a complaint that alleges a violation of section 46a-64c need not be notarized. The complaint shall state the name and address of the person alleged to have committed the discriminatory practice, [and which shall set forth the particulars thereof] provide a short and plain statement of the allegations upon which the claim is based and contain such other information as may be required by the commission. After the filing of a complaint, [pursuant to this subsection,] the commission shall [serve upon the person claiming to be aggrieved] provide the complainant with a notice that: (1) Acknowledges receipt of the complaint; and (2) advises of the time frames and choice of forums available under this chapter.
Sec. 75. Section 46a-82e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) Notwithstanding the failure of the [Commission on Human Rights and Opportunities] commission to comply with the time requirements of [sections] section 46a-83 [and] or 46a-84, as amended by this act, [with respect to a complaint before the commission,] the jurisdiction of the commission or the superior court over any such complaint shall be retained.
(b) The commission shall report annually to the judiciary committee of the General Assembly and the Governor: (1) The number of cases in the previous fiscal year that exceeded the time frame, including authorized extensions, set forth in subsection [(e)] (g) of section 46a-83; (2) the reasons for the failure to comply with the time frame; (3) the number of actions brought pursuant to subsection (d) of this section and the results thereof; and (4) the commission's recommendations for legislative action, if any, necessary for the commission to meet the statutory time frame.
(c) If a complaint has been pending for more than twenty-one months from the date of filing and the commission has not issued a finding of reasonable cause or no reasonable cause, the executive director shall notify the complainant [by first class mail, facsimile machine, electronic mail or a file transfer protocol site] as provided in section 46a-86a, that the complainant has the right to request a release of jurisdiction in accordance with section 46a-101, as amended by this act. The executive director or the executive director's designee shall investigate the cause for the delay in issuing a finding. After such investigation, the executive director may, given the facts and circumstances of the case, [schedule] set a date [certain] for issuance of a finding. [of reasonable cause or no reasonable cause.]
(d) (1) If a complaint has been pending for more than two years after the date of filing pursuant to section 46a-82, as amended by this act, and if the investigator fails to issue a finding of reasonable cause or no reasonable cause by the date ordered by the executive director [of the commission] pursuant to subsection (c) of this section, the complainant or respondent may petition the superior court for the judicial district of Hartford for an order requiring the commission to issue a finding [of reasonable cause or no reasonable cause by a date certain] by a specified date. The petitioner shall submit the petition on forms prescribed by the Office of the Chief Court Administrator.
(2) The clerk, upon receipt of the petition and if the clerk finds it to be in the proper form, shall fix a date for the hearing and sign the notice of hearing. The hearing date shall be no more than thirty days after the clerk signs the notice. Service shall be made on the commission and all persons named in the discriminatory practice complaint at least twenty days prior to the date of hearing by United States mail, certified or registered, postage prepaid, return receipt requested, without the use of a state marshal or other officer. Service on the commission shall be made on the executive director. [of the commission or a commission legal counsel. Within] Not later than five days after the date of service, the petitioner shall file with the court an affidavit stating the date and manner in which a copy of the petition was served and attach to the affidavit the return receipts indicating delivery of the petition.
(3) [Within] Not later than ten days after the date of receipt of the petition, any party, including the commission, may file an answer. The commission and all persons named in the discriminatory practice complaint shall have the right to appear and be heard at the hearing.
(4) If the commission and parties agree on a date, [certain,] the court shall order the commission to issue a finding by [said] such date. If the allegations of the petition are contested, the court shall hold a hearing [on the petition] and issue an appropriate order. [Hearing of oral argument on the petition] Hearings held pursuant to this subdivision shall take precedence over other matters in the court, as provided in section 46a-96. The court shall award court costs and attorney's fees to the petitioner, provided [such party] the petitioner is a "person", as defined in section 4-184a, unless the commission shows good cause for not issuing the finding of reasonable cause or no reasonable cause [within two years of the date of filing or] by the date ordered by the executive director for the investigator to issue such finding. [, whichever is later.] An award of court costs and attorney's fees shall be subject to the court's discretion, but shall not exceed a total of five hundred dollars.
(5) This subsection shall not apply to complaints initiated by the commission or to pattern or practice or systemic cases.
Sec. 76. Section 46a-83a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
[If (1) a complainant requests a release of jurisdiction pursuant to subsection (b) of section 46a-83, (2) a commission legal counsel denies reinstatement of a complaint pursuant to subsection (b) of said section, or (3)] If a complaint is dismissed for failure to accept full relief pursuant to subsection [(c) of said section] (m) of section 46a-83, and the complainant does not request reconsideration of such dismissal as provided in subsection [(f) of said section] (h) of section 46a-83, the executive director shall issue a release of jurisdiction and the complainant may, within ninety days of receipt of the release from the commission, bring an action in accordance with sections 46a-100, as amended by this act, and 46a-102 to 46a-104, inclusive.
Sec. 77. Section 46a-84 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) If the investigator fails to eliminate a discriminatory practice complained of pursuant to subsection (a) or (b) of section 46a-82, as amended by this act, within fifty days of a finding of reasonable cause, the investigator shall, within ten days, certify the complaint and the results of the investigation to the executive director of the commission and to the Attorney General. The investigator's conclusion that conciliation has failed shall be conclusive on the issue.
(b) Upon (1) certification of a complaint filed pursuant to subsection (a) or (b) of section 46a-82, as amended by this act, [or upon] (2) the filing of a complaint pursuant to subsection (c) of said section, [the Chief Human Rights Referee shall appoint, for a complaint filed pursuant to said subsection (a) or (b), a hearing officer, hearing adjudicator or human rights referee, and for a complaint filed pursuant to said subsection (c), a hearing officer] or (3) a decision to hear a complaint, which is made pursuant to subsection (e) of section 46a-83, the Chief Human Rights Referee shall appoint a human rights referee [,] to act as a presiding officer to hear the complaint. [or] The chief referee shall also appoint an individual authorized by subsection (e) of this section or a referee, other than the referee appointed to hear the complaint, to conduct settlement negotiations. [and shall cause to be issued and served] The chief referee shall serve in the name of the commission [a written notice, together with] a copy of the complaint, as the same may have been amended, requiring the respondent to answer the charges of the complaint, [at a hearing before the presiding officer or hearing adjudicator at a time and place to be specified in the notice] together with a written notice requiring the respondent to appear at a hearing or settlement conference at a date and time specified in the notice. A hearing on a complaint filed pursuant to subsection (a) or (b) of section 46a-82, as amended by this act, shall be commenced by convening a hearing conference not later than forty-five days after the certification of the complaint. Such hearing shall be a de novo hearing on the merits of the complaint and not an appeal of the commission's processing of the complaint prior to its certification. A hearing on a complaint filed pursuant to subsection (c) of section 46a-82 shall be commenced by convening a hearing conference not later than twenty days after the date of notice of such complaint. Hearings shall proceed with reasonable dispatch and be concluded in accordance with the provisions of section 4-180.
(c) [The place of any hearing may be the office of the commission or another place designated by the commission.] The place of any hearing, hearing conference or settlement conference shall be the commission's administrative office in Hartford, unless all parties mutually agree to an alternate location.
(d) The case in support of the complaint shall be presented at the hearing by the Attorney General, who shall be counsel for the commission, or by a commission legal counsel as provided in section 46a-55, as amended by this act. [, as the case may be.] If the Attorney General or the commission legal counsel determines that a material mistake of law or fact has been made in the finding of reasonable cause on a complaint filed pursuant to subsection (a) or (b) of section 46a-82, as amended by this act, or the commission legal counsel determines that a complaint to be heard pursuant to subsection (e) of section 46a-83, should be further investigated, the Attorney General or the commission legal counsel may withdraw the certification of the complaint or the decision to hear the complaint and remand the file to the investigator for further action. The investigator shall complete any required action not later than ninety days after receipt of such file. The complainant may be represented by an attorney of the complainant's own choice. If the Attorney General or the commission legal counsel [, as the case may be,] determines that the interests of the state will not be adversely affected, the complainant or the attorney for the complainant shall present all or part of the case in support of the complaint. No commissioner may participate in the deliberations of the presiding officer in the case.
(e) A [hearing officer, hearing adjudicator,] human rights referee or attorney who volunteers service pursuant to subdivision (18) of section 46a-54 may supervise settlement endeavors. [, or, in] In employment discrimination cases only, the complainant and respondent, with the permission of the [commission] chief referee, may engage in alternate dispute resolution endeavors for not more than three months. The cost of such alternate dispute resolution endeavors shall be borne by the complainant or the respondent, or both, and not by the commission. Any endeavors or negotiations for conciliation, settlement or alternate dispute resolution shall not be received in evidence.
(f) The respondent [may] shall file a written answer to the complaint under oath and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard. If the respondent fails to file a written answer [prior to the hearing within the time limits established by regulation adopted by the commission in accordance with chapter 54] not later than fifteen days after the date of service of the complaint, or fails to appear at the hearing, hearing conference or settlement conference after notice in accordance with section 4-177, the presiding officer or [hearing adjudicator] a referee or an attorney who volunteers services pursuant to subsection (e) of this section may enter an order of default and order such relief as is necessary to eliminate the discriminatory practice and make the complainant whole, except that if the default was entered by an attorney who volunteers services pursuant to subsection (e) of this section, the chief referee shall appoint a referee to act as a presiding officer to award relief. The commission or the complainant may petition the Superior Court for enforcement of any such order for relief pursuant to [the provisions of] section 46a-95.
(g) The presiding officer [or hearing adjudicator] conducting any hearing shall permit reasonable amendment to any complaint or answer and the testimony taken at the hearing shall be under oath and be transcribed at the request of any party.
Sec. 78. Section 46a-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) If, upon all the evidence presented at the hearing conducted pursuant to section 46a-84, as amended by this act, the presiding officer finds that a respondent has engaged in any discriminatory practice, the presiding officer shall [state the presiding officer's] make written findings of fact and [shall issue and] file with the commission and [cause to be served] serve on the complainant and respondent an order requiring the respondent to cease and desist from the discriminatory practice and [further requiring the respondent] to take such affirmative action as [in the judgment of the presiding officer will effectuate] is necessary to achieve the purpose of this chapter.
(b) In addition to any other action taken under this section, upon a finding of a discriminatory employment practice, the presiding officer may order the hiring or reinstatement of [employees] any individual, with or without back pay, or restoration to membership in any respondent labor organization. [, provided, liability] Liability for back pay shall not accrue from a date more than two years prior to the filing or issuance of the complaint. [and, provided further, interim] Interim earnings, including unemployment compensation and welfare assistance or amounts which could have been earned with reasonable diligence on the part of the person to whom back pay is awarded shall be deducted from the amount of back pay to which such person is otherwise entitled. The amount of any [such] deduction for interim unemployment compensation or welfare assistance shall be paid by the respondent to the commission which shall transfer such amount to the appropriate state or local agency.
(c) In addition to any other action taken under this section, upon a finding of a discriminatory practice prohibited by section 46a-58, as amended by this act, 46a-59, 46a-64, 46a-64c, 46a-81b, 46a-81d or 46a-81e, the presiding officer shall determine the damage suffered by the complainant, which damage shall include, but not be limited to, the expense incurred by the complainant for obtaining alternate housing or space, storage of goods and effects, moving costs and other costs actually incurred by the complainant as a result of such discriminatory practice and shall allow reasonable attorney's fees and costs. The amount of attorney's fees allowed shall not be contingent upon the amount of damages requested by or awarded to the complainant.
(d) In addition to any other action taken under this section, upon a finding of a discriminatory practice prohibited by section 46a-66 or 46a-81f, the presiding officer shall [issue and] file with the commission and [cause to be served] serve on the respondent an order requiring the respondent to pay the complainant the damages resulting from the discriminatory practice.
(e) In addition to any other action taken under this section, upon a finding of noncompliance with antidiscrimination statutes or contract provisions required under section 4a-60 or 4a-60a or the provisions of sections 46a-68c to 46a-68f, inclusive, the presiding officer shall [issue and] file with the commission and [cause to be served] serve on the respondent an order with respect to any remedial action imposed [by the presiding officer] pursuant to subsection (c) or (d) of section 46a-56, as amended by this act.
(f) If, upon all the evidence and after a complete hearing, the presiding officer finds that the respondent has not engaged in any alleged discriminatory practice, the presiding officer shall [state the presiding officer's] make written findings of fact and shall [issue and] file with the commission and [cause to be served] serve on the complainant and respondent an order dismissing the complaint.
(g) Any payment received by a complainant under this chapter or under any equivalent federal antidiscrimination law, either as a settlement of a claim or as an award made in a judicial or administrative proceeding, shall not be considered as income, resources or assets for the purpose of determining the eligibility of or amount of assistance to be received by such person in the month of receipt or the three months following receipt under the state supplement program, Medicaid or any other medical assistance program, temporary family assistance program, state-administered general assistance program, or the temporary assistance for needy families program. After such time period, any remaining funds shall be subject to state and federal laws governing such programs, including, but not limited to, provisions concerning an individual development [accounts] account, as defined in section 31-51ww.
Sec. 79. Section 46a-89 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) (1) Whenever a complaint [is filed with or by the commission] filed pursuant to section 46a-82, as amended by this act, [alleging] alleges a violation of section 46a-60 or 46a-81c, and [a commissioner] the executive director believes [, upon review and the recommendation of the investigator assigned,] that equitable relief is required to prevent irreparable harm to the complainant, the [commissioner] commission may bring a petition [in equity] in the superior court for the judicial district of Hartford, the judicial district in which the discriminatory practice which is the subject of the complaint occurred or the judicial district in which the respondent resides, provided this subdivision shall not apply to complaints against employers with less than fifty employees.
(2) The petition shall seek appropriate temporary injunctive relief against the respondent pending final disposition of the complaint pursuant to the procedures set forth in this chapter. The injunctive relief may include an order temporarily restraining the respondent from doing any act that would render ineffectual any order a presiding officer may render with respect to the complaint.
(3) Upon service on the respondent of notice pursuant to section 46a-89a, the respondent shall be temporarily restrained from taking any action that would render ineffectual the temporary injunctive relief [prayed for] requested in the petition, provided nothing in this section shall be construed to prevent the respondent from having any employment duties [,] enjoined under this section and section 46a-89a, from being carried out by another employee and the notice shall so provide.
(b) (1) Whenever a complaint filed pursuant to section 46a-82, as amended by this act, alleges a violation of section 46a-64, 46a-64c, 46a-81d or 46a-81e, and [a commissioner] the commission believes that injunctive relief is required or that the imposition of punitive damages or a civil penalty would be appropriate, the commission may bring a petition in the superior court for the judicial district in which the discriminatory practice which is the subject of the complaint occurred or the judicial district in which the respondent resides.
(2) The petition shall seek: (A) Appropriate injunctive relief, including temporary or permanent orders or decrees restraining and enjoining the respondent from selling or renting to anyone other than the complainant or otherwise making unavailable to the complainant any dwelling or commercial property with respect to which the complaint is made, pending the final determination of such complaint by the commission or such petition by the court; (B) an award of damages based on the remedies available under subsection (c) of section 46a-86, as amended by this act; (C) an award of punitive damages payable to the complainant, not to exceed fifty thousand dollars; (D) a civil penalty payable to the state against the respondent to vindicate the public interest: (i) In an amount not exceeding ten thousand dollars if the respondent has not been adjudged to have committed any prior discriminatory housing practice; (ii) in an amount not exceeding twenty-five thousand dollars if the respondent has been adjudged to have committed one other discriminatory housing practice during the five-year period prior to the date of the filing of this complaint; and (iii) in an amount not exceeding fifty thousand dollars if the respondent has been adjudged to have committed two or more discriminatory housing practices during the seven-year period prior to the date of the filing of the complaint; except that if the acts constituting the discriminatory housing practice that is the object of the complaint are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, then the civil penalties set forth in clauses (ii) and (iii) of this subparagraph may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred; or (E) two or more of such remedies.
(3) Upon service on the respondent of notice pursuant to section 46a-89a, the respondent shall be temporarily restrained from selling or renting the dwelling or commercial property which is the subject of the complaint to anyone other than the complainant, or from otherwise making such dwelling or commercial property unavailable to the complainant, until the court or judge has decided the petition for temporary injunctive relief and the notice shall so provide.
Sec. 80. Section 46a-90a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) The [chairperson of the commission] chief referee shall schedule a date for a hearing pursuant to section 46a-84, as amended by this act, to be held within forty-five days of any temporary injunctive relief or restraining order issued pursuant to section 46a-89a. Such temporary injunctive relief or restraining order shall remain in effect until the presiding officer renders [his] a decision on the complaint. If the commission does not conduct its hearing procedure with reasonable [dispatch] speed, the court, on the motion of the respondent and for good cause shown, shall remove such temporary injunction and assume jurisdiction of all civil proceedings arising out of the complaint and shall set the matter for hearing on the merits. The presiding officer shall render [his] a decision within twenty days after the close of evidence and the filing of briefs.
(b) When the presiding officer finds that the respondent has engaged in any discriminatory practice prohibited by section 46a-60, 46a-64, 46a-64c, 46a-81c, 46a-81d or 46a-81e and grants relief on the complaint, [which relief requires that such] requiring that a temporary injunction remain in effect, the [commission chairperson] executive director may, through the procedure outlined in subsection (a) of section 46a-95, petition the court which granted the original temporary injunction to make the injunction permanent.
(c) Upon issuance of a permanent injunction, the case shall be returned to the commission for such further action as is authorized by this chapter.
(d) Any temporary injunction issued under [the provisions of] section 46a-89a shall remain in effect during any appeal under section 46a-94a, as amended by this act, or any enforcement procedure under section 46a-95, unless removed by the court. [or a judge thereof.]
Sec. 81. Section 46a-94a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) The [Commission on Human Rights and Opportunities] commission, any respondent or any complainant, aggrieved by a final order of a presiding officer, [or any complainant] may appeal to the Superior Court in accordance with section 4-183. Any complainant may appeal to the Superior Court in accordance with section 4-183 if the complainant is aggrieved by (1) the dismissal of his or her complaint by the commission for failure to attend a mandatory mediation session as provided in subsection [(c)] (m) of section 46a-83, (2) a finding of no reasonable cause as provided in subsection [(e) of said] (g) of section 46a-83, or (3) rejection of reconsideration [of any dismissal] as provided in subsection [(f) of said] (h) of section 46a-83. [, may appeal therefrom in accordance with section 4-183. The court on appeal shall also have jurisdiction to grant to the commission, respondent or complainant such temporary relief or restraining order as it deems just and suitable, and in like manner to make and enter a decree enforcing or modifying and enforcing as so modified or setting aside, in whole or in part, the order sought to be reviewed.]
(b) Notwithstanding the provisions of subsection (a) of this section, a complainant may not appeal the dismissal of his or her complaint if he or she has been granted a release pursuant to section 46a-101, as amended by this act.
(c) The commission on its own motion may, whenever justice so requires, reopen any matter previously closed, [by the commission in accordance with the provisions of this subsection,] provided such matter has not been appealed to the Superior Court pursuant to [section 4-183] subsection (a) of this section. Notice of such reopening shall be given to all parties. A complainant or respondent may, for good cause shown, in the interest of justice, apply in writing for the reopening of a previously closed proceeding, provided such application is filed with the executive director of the commission within two years of the commission's final decision and the complainant has (1) not been issued a release of jurisdiction pursuant to section 46a-83a, as amended by this act, and filed a civil action, or (2) requested and received a release of jurisdiction from the commission pursuant to section 46a-101, as amended by this act.
(d) The standards for reopening a matter may include, but are not limited to: (1) A material mistake of fact or law has occurred; (2) the finding is arbitrary or capricious; (3) the finding is clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; and (4) new evidence has been discovered which materially affects the merits of the case and which, for good reasons, was not presented during the investigation.
Sec. 82. Subsection (a) of section 46a-98 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) In lieu of, but not in addition to, filing a complaint with the [Commission on Human Rights and Opportunities] commission pursuant to section 46a-82, as amended by this act, any person claiming to be aggrieved by a violation of section 46a-66 or 46a-81f may bring an action under this section against a creditor, as defined in section 46a-65, in the superior court for the judicial district in which such aggrieved person resides or in which the alleged violation took place.
Sec. 83. Section 46a-98a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
Any person claiming to be aggrieved by a violation of section 46a-64c or 46a-81e or by a breach of a conciliation agreement entered into pursuant to this chapter, may bring an action in the Superior Court, or the housing session of said court if appropriate within one year of the date of the alleged discriminatory practice or of a breach of a conciliation agreement entered into pursuant to this chapter. No action pursuant to this section may be brought in the Superior Court regarding the alleged discriminatory practice after the commission has obtained a conciliation agreement pursuant to section 46a-83 or commenced a hearing pursuant to section 46a-84, as amended by this act, except for an action to enforce the conciliation agreement. The court shall have the power to grant relief, by injunction or otherwise, as it deems just and suitable. [In addition to the penalties provided for under subsection (g) of section 46a-64c or subsection (f) of section 46a-81e, the] The court may grant any relief which a presiding officer may grant in a proceeding under section 46a-86, as amended by this act, or which the court may grant in a proceeding under section 46a-89, as amended by this act. The commission, through commission legal counsel or the Attorney General, may intervene as a matter of right in any action brought pursuant to this section without permission of the court or the parties.
Sec. 84. Section 46a-100 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
Any person who has [timely] filed a complaint with the [Commission on Human Rights and Opportunities] the commission in accordance with section 46a-82, as amended by this act, and who has obtained a release [from the commission] of jurisdiction in accordance with section 46a-83a, as amended by this act, or 46a-101, as amended by this act, may [also] bring an action in the superior court for the judicial district in which the discriminatory practice is alleged to have occurred, [or] the judicial district in which the respondent transacts business or the judicial district in which the complainant resides, except any action involving a state agency or official may be brought in the superior court for the judicial district of Hartford.
Sec. 85. Section 46a-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) No action may be brought in accordance with section 46a-100, as amended by this act, unless the complainant has received a release from the commission in accordance with the provisions of this section.
(b) The complainant and the respondent, by themselves or their attorneys, may jointly request that the complainant receive a release from the commission at any time from the date of filing the complaint. The complainant or the complainant's attorney may request a release from the commission if the complaint is still pending after the expiration of one hundred eighty days from the date of its filing or after a [merit] case assessment review in accordance with subsection [(b)] (c) of section 46a-83, whichever is earlier. The executive director or the executive director's designee shall conduct an expedited [merit] case assessment review in accordance with subsection (b) of section 46a-83 if the commission receives a request for a release of jurisdiction from the complainant [or the complainant's attorney] prior to one hundred eighty days from the date a complaint is filed.
(c) The executive director of the commission shall grant a release, allowing the complainant to bring a civil action, [within] not later than ten business days after the date of receipt of the request for the release, except that if a case is scheduled for public hearing, the executive director may decline to issue a release. The commission may defer acting on a request for a release for thirty days if the executive director of the commission, or [his] the executive director's designee, certifies that [he has] there is reason to believe that the complaint may be resolved within that period.
(d) Upon granting a release, the commission shall dismiss or otherwise administratively dispose of the discriminatory practice complaint pending with the commission without cost or penalty assessed to any party.
(e) Any action brought by the complainant in accordance with section 46a-100, as amended by this act, shall be brought [within] not later than ninety days after the date of the receipt of the release from the commission.
Sec. 86. Subsection (b) of section 46a-82c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(b) The time frame contained in subsection [(b)] (c) of section 46a-83 to conduct a [merit] case assessment review shall be tolled if an answer is not timely received from the date the respondent's answer is due pursuant to subsection (a) of section 46a-83 until the date the answer is actually received by the commission.
Sec. 87. Subsection (b) of section 46a-55 of the general statutes, as amended by section 11 of public act 15-18, is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(b) The executive director, through the supervising attorney, may assign a commission legal counsel to represent the commission in any hearing or appeal under subparagraph (A) of subdivision (2) of subsection (e) of section 4-61dd. Commission legal counsel may intervene as a matter of right in any such hearing or appeal without permission of the parties, a hearing officer or the court.
Sec. 88. Subdivision (11) of subsection (a) of section 4a-60g of the general statutes, as amended by section 59 of this act, is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):
(11) "Quasi-public agency" [means the Connecticut Health and Educational Facilities Authority, the Connecticut Higher Education Supplemental Loan Authority, the Connecticut Student Loan Corporation, the Connecticut Housing Finance Authority, the Connecticut Housing Authority, the Materials Innovation and Recycling Authority, the Connecticut Lottery Corporation, the Connecticut Airport Authority, the Health Information Technology Exchange of Connecticut, the Connecticut Health Insurance Exchange, the Connecticut Green Bank, the Connecticut Port Authority and the State Education Resource Center] has the same meaning as provided in section 1-120.
Sec. 89. (Effective July 1, 2015) (a) (1) Up to $100,000 of the amount appropriated in section 1 of public act 13-247, as amended by public act 14-47, to the Department of Energy and Environmental Protection, for Other Expenses, for the fiscal year ending June 30, 2015, shall not lapse on June 30, 2015, and such funds shall be available for the purposes specified in subsection (b) of this section for the fiscal year ending June 30, 2016.
(2) Up to $205,000 of the amount appropriated in section 1 of public act 13-247, as amended by public act 14-47, to the Department of Energy and Environmental Protection, for Solid Waste, for the fiscal year ending June 30, 2015, shall not lapse on June 30, 2015, and such funds shall be transferred to Other Expenses, and shall be available for the purposes specified in subsection (b) of this section for the fiscal year ending June 30, 2016.
(3) Up to $200,000 of the amount appropriated in section 1 of public act 13-247, as amended by public act 14-47, to the Department of Energy and Environmental Protection, for Environmental Conservation, for the fiscal year ending June 30, 2015, shall not lapse on June 30, 2015, and such funds shall be transferred to Other Expenses, and shall be available for the purposes specified in subsection (b) of this section for the fiscal year ending June 30, 2016.
(4) Up to $200,000 of the amount appropriated in section 1 of public act 13-247, as amended by public act 14-47, to the Department of Energy and Environmental Protection, for Environmental Quality, for the fiscal year ending June 30, 2015, shall not lapse on June 30, 2015, and such funds shall be transferred to Other Expenses, and shall be available for the purposes specified in subsection (b) of this section for the fiscal year ending June 30, 2016.
(b) For the fiscal year ending June 30, 2016, the Department of Energy and Environmental Protection shall make the following grants: $40,000 to the New London County 4-H Camp in North Franklin; $135,000 for the West River Watershed Plan; $300,000 to Action for Bridgeport Community Development, Inc. for its weatherization program; $50,000 to provide drinking water for certain residents affected by contaminated groundwater and $180,000 for the aquatic invasive species management program established in section 22a-339i of the general statutes.
Sec. 90. (Effective July 1, 2015) Up to $40,000 of the amount appropriated in section 1 of public act 13-247, as amended by public act 14-47, to the Department of Energy and Environmental Protection, for Solid Waste, for the fiscal year ending June 30, 2015, shall not lapse on June 30, 2015, and such funds shall be transferred to Dam Maintenance, and shall be available during the fiscal year ending June 30, 2016, as follows: $20,000 for a hydrology study in the town of Ledyard and $20,000 for a hydrology study in the town of East Hampton.
Sec. 91. (Effective July 1, 2015) Up to $250,000 of the amount appropriated in section 1 of public act 13-247, as amended by public act 14-47, to the Judicial Department, for Juvenile Alternative Incarceration, for the fiscal year ending June 30, 2015, shall not lapse on June 30, 2015, and such funds shall be available during the fiscal year ending June 30, 2016, for a grant to the COMPASS Youth Collaborative, Inc. Peacebuilders program.
Sec. 92. (Effective July 1, 2015) Up to $1,100,000 of the amount appropriated in section 1 of public act 14-47 to the Office of Policy and Management, for Tax Relief for Elderly Renters, shall not lapse on June 30, 2015, and such funds shall be transferred to the litigation/settlement account.
Sec. 93. (Effective July 1, 2015) Notwithstanding sections 7-127d to 7-127g, inclusive, of the general statutes, the sum of $1,000,000 appropriated in section 1 of public act 15-244 to the Department of Education, for Neighborhood Youth Centers, for each of the fiscal years ending June 30, 2016, and June 30, 2017, shall be made available in each such fiscal year for grants to the Boys and Girls Clubs of America located within the state.
Sec. 94. (Effective July 1, 2015) The following amounts appropriated in section 1 of public act 15-244 to the Judicial Department, for Youth Services Prevention, for each of the fiscal years ending June 30, 2016, and June 30, 2017, shall be made available in each of said fiscal years for the following grants: $113,110 to Boys and Girls Club of Stamford; $35,000 to Archipelago Inc. - Project Music; $148,110 to Faith Tabernacle Baptist Church; $16,788 to Prudence Crandall Center, Inc.; $16,788 to Family Enrichment Center of the Hospital of Central Connecticut; $50,000 to OIC of New Britain Inc. - Project G.R.E.A.T; $50,000 to Pathways/Senderos; $100,000 to Human Resources Agency of New Britain, Inc.; $35,000 to Mi Casa, Hispanic Health Council; $30,000 to Charter Oak Amateur Boxing Academy and Youth Development Program (COBA); $30,000 to Southwest Boys and Girls Club/ 1 Chandler Street, Hartford; $34,000 to Youth Challenge; $30,662 to BSL Educational Foundation of Alpha Phi Alpha, Inc.; $31,000 to Town of Windsor - Collaborative; $31,000 to Supreme Being, Inc.; $25,000 to Phillips Metropolitan Christian Methodist Episcopal Church; $5,000 to Windsor Troop 49; $156,700 to North End Action Team; $111,975 to The Village Initiative Project, Inc. - VIP College Prep and Life Skills; $80,000 to Bridgeport Caribe Youth League Inc.; $31,975 to McGivney Community Center Inc.; $211,151 to Serving All Vessels Equally; $60,394 to Walnut Orange Walsh Neighborhood; $60,394 to St. Margaret Willow Plaza NRZ, Assoc., Inc.; $60,394 to Hispanic Coalition of Greater Waterbury; $60,394 to The Boys and Girls Club of Greater Waterbury; $60,394 to Waterbury Police Activity League, Inc.; $60,394 to Rivera Memorial Foundation, Inc.; $124,004 to Dixwell Children's Creative Arts Center; $50,000 to Police Athletic League of New Haven; $174,004 to Arte Inc.; $50,000 to 'r Kids Family Center; $74,004 to Guns Down, Books Up; $50,000 to EIR Urban Youth Boxing, Inc.; $45,986 to Foster Buddies Network/Hartford Boxing Center; $30,000 to Police Athletic League of Hartford; $40,000 to Compass Youth Collaborative Peacebuilders Program; $111,975 to Walter E. Luckett, Jr. Foundation; $40,538 to Little League Baseball, Inc.; $40,539 to New London Youth Football League; $85,150 to East Hartford Youth Services; $85,150 to Manchester Youth Service Bureau; $61,975 to Boys and Girls Club of Bridgeport, Inc.; $50,000 to Bridgeport Caribe Youth League Inc.; $32,662 to Upper Albany Collaborative; $20,000 to C.U.R.E.T; $50,000 to Hartford Knights; $20,000 to Blue Hill Civic Association; $35,000 to Artists Collective; $35,000 to Ebony Horsewomen; $25,000 to Youth Challenge; $27,662 to Goodworks, Inc.; $62,000 to M.G.L.L, Inc.; $15,000 to City of Hartford Southend Boys Scouts; $45,000 to Department of Families, Children, Youth and Recreation/City of Hartford; $111,975 to Kenneth R. Jacksons Mentoring Services, Inc.; $111,975 to Mount Aery Development Corporation; $16,712 to Girls, Inc.; $16,712 to Boys and Girls Club of Meriden; $16,712 to Beat the Street Community Center; $16,712 to Meriden YMCA; $16,712 to Women and Families Center; $16,712 to City of Meriden/Youth Services Division; $16,712 to City of Meriden/Police Cadets; $16,712 to Rushford Hospital Youth Program; $16,712 to New Opportunities of Greater Meriden/Boys to Men Program.
Sec. 95. (Effective July 1, 2015) For the biennium ending June 30, 2017, the Department of Social Services shall provide grants under the Fatherhood Initiative Program proportionately to the same providers that received funding for said program in the fiscal year ending June 30, 2015.
Sec. 96. (Effective July 1, 2015) The amounts appropriated in section 1 of public act 15-244 to the Labor Department, for Cradle to Career, for the fiscal years ending June 30, 2016, and June 30, 2017, shall be available for the following grants: $50,000 to the United Way of Coastal Fairfield County in Bridgeport; $50,000 to the Stepping Stones Museum for Children in Norwalk on behalf of Norwalk ACTS; $50,000 to United Way of Western Connecticut in Danbury; and $50,000 to the Bridge to Success Community Partnership in Waterbury, for the purpose of establishing a public-private partnership with community organizations to improve the Cradle to Career Network.
Sec. 97. Subsection (d) of section 10-183t of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(d) The Treasurer shall establish a separate retired teachers' health insurance premium account within the Teachers' Retirement Fund. Commencing July 1, 1989, and annually thereafter all health benefit plan contributions withheld under this chapter in excess of five hundred thousand dollars shall, upon deposit in the Teachers' Retirement Fund, be credited to such account. Interest derived from the investment of funds in the account shall be credited to the account. Funds in the account shall be used for (1) payments to boards of education pursuant to subsection (c) of this section and for payment of premiums on behalf of members, spouses of members, surviving spouses of members or disabled dependents of members participating in one or more health insurance plans pursuant to subsection (a) of this section in an amount equal to the difference between the amount paid pursuant to subsection (a) of this section and the amount paid pursuant to subsection (c) of this section, and (2) payments for professional fees associated with the administration of the health benefit plans offered pursuant to this section. [of not more than one hundred fifty thousand dollars annually.] If, during any fiscal year, there are insufficient funds in the account for the purposes of all such payments, the General Assembly shall appropriate sufficient funds to the account for such purpose.
Sec. 98. Section 10-183r of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
The system shall be funded as follows:
(1) Except as provided in subdivision (3) of this [subsection] section, all expenses of the administration of the system, exclusive of payment of benefits, shall be paid for out of amounts appropriated by the General Assembly on certifications and recommendations submitted by the board.
(2) The cost of all benefits payable from the system shall be paid out of the retirement fund which shall consist of contributions paid by members, appropriations by the General Assembly based upon certifications and recommendations submitted by the board, the proceeds of bonds held by the system under section 10-183m, the proceeds of bonds issued pursuant to section 10-183qq and earnings of the system.
(3) Professional fees associated with the administration of the health benefit plans offered pursuant to section 10-183t, as amended by this act, [of not more than one hundred fifty thousand dollars annually] may be paid for out of the retired teachers' health insurance premium account established pursuant to said section 10-183t.
Sec. 99. Section 2-71p of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) As used in this section, unless the context indicates a different meaning, "supplies", "materials" and "equipment" mean any and all articles of personal property furnished to or used by the Legislative Department, including all printing, binding, publication of laws, stationery, forms and reports; "contractual services" means any and all laundry and cleaning service, pest control service, janitorial service, security service, the rental and repair, or maintenance, of equipment, machinery and other state-owned personal property, advertising and photostating, mimeographing, data entry, data processing and other similar service arrangements where the services are provided by persons other than state employees; "competitive bidding" means the submission of prices by persons, firms or corporations competing for a contract to provide supplies, materials, equipment or contractual services, under a procedure in which the contracting authority does not negotiate prices; "competitive negotiation" means a procedure for contracting for supplies, materials, equipment or contractual services, in which (1) proposals are solicited from qualified suppliers by a request for proposals, and (2) changes may be negotiated in proposals and prices after being submitted; "bidder" means a person, firm or corporation submitting a competitive bid in response to a solicitation; and "proposer" means a person, firm or corporation submitting a proposal in response to a request for proposals.
(b) (1) All purchases of, and contracts for, supplies, materials, equipment and contractual services required by the Legislative Department, except purchases made pursuant to subsection (c) of this section and public utility services as provided in subsection (e) of this section, and (2) all sales by said department of such personal property which has become obsolete, unserviceable or unusable, shall be based, when possible, on competitive bids or competitive negotiation, provided in the case of such sales, the Joint Committee on Legislative Management may, in its discretion, sell the property at public auction. The committee shall solicit competitive bids or proposals by sending notices to prospective suppliers and by posting notice on a public bulletin board in a building under the supervision and control of the Joint Committee on Legislative Management. Each bid and proposal shall be kept sealed or secured until opened publicly at the time stated in the notice soliciting such bid. If the amount of the expenditure or sale is estimated to exceed fifty thousand dollars, competitive bids or proposals shall be solicited by public notice, inserted at least once in not fewer than three daily newspapers published in the state, and at least five calendar days before the final date for submitting bids. All purchases or sales of ten thousand dollars or less in amount shall be made in the open market, but shall be based, when possible, on at least three competitive quotations.
(c) The committee may waive the requirement of competitive bidding or competitive negotiation in the case of minor nonrecurring and emergency purchases of ten thousand dollars or less in amount. The committee shall adopt guidelines establishing (1) standards and procedures for using competitive negotiation for purchases and contracts, including but not limited to, criteria which shall be considered in making purchases by competitive negotiation and the weight which shall be assigned to each such criterion, and (2) standards and procedures under which additional purchases may be made under existing contracts.
(d) Whenever an emergency exists by reason of extraordinary conditions or contingencies that could not reasonably be foreseen and guarded against, or because of unusual trade or market conditions, the committee may, if it is for the best interest of the state, waive the requirement that purchases be based on competitive bids or competitive negotiation as provided in this section. A statement of all such purchases and sales made under the provisions of this subsection shall be set forth in the annual report of the committee.
(e) The purchase of or contract for the following public utility services shall not be subject to competitive bidding or competitive negotiation: (A) Electric distribution services; (B) water services; (C) gas distribution services; (D) electric generation services until the date such services are competitive pursuant to the schedule set forth in section 16-244b, provided electric generation services shall be exempt from competitive bidding and competitive negotiation after said date if such services are provided by an electric municipal utility other than by a participating electric municipal utility, as defined in section 16-1, in the service area of said electric municipal utility; and (E) gas supply services until the date such services are competitive pursuant to legislative act or order of the Public Utilities Regulatory Authority, provided gas supply services shall be exempt from competitive bidding and competitive negotiation after said date if such services are provided by a gas municipal utility in the service area of said gas municipal utility.
(f) As used in this section, (1) "lowest responsible qualified bidder" means the bidder whose bid is the lowest of those bidders possessing the skill, ability and integrity necessary to faithful performance of the work based on objective criteria considering past performance and financial responsibility, and (2) "highest scoring bidder in a multiple criteria bid" means the bidder whose bid receives the highest score for a combination of attributes, including, but not limited to, price, skill, ability and integrity necessary for the faithful performance of the work, based on multiple criteria considering quality of product, warranty, life-cycle cost, past performance, financial responsibility and other objective criteria that are established in the bid solicitation for the contract. Bidders shall submit with their bids essential information concerning their qualifications, in such form as the committee may require by specification in the bid documents. The committee may waive minor irregularities in bids and proposals if it determines that such a waiver would be in the best interest of the state. As used in this subsection, the term "minor irregularities" [shall] does not include payment of less than the wage required under subsection (i) of this section, variations in the quality, unit price or date of delivery or completion of supplies, materials, equipment or contractual services, or exceptions to programs required under the general statutes. The committee shall state the reasons for any such waiver in writing and include such statement in the contract file.
(g) All open market orders or contracts shall be awarded to (1) the lowest responsible qualified bidder, the qualities of the articles to be supplied, their conformity with the specifications, their suitability to the requirements of the state government and the delivery terms being taken into consideration and, at the discretion of the committee, life-cycle costs and trade-in or resale value of the articles may be considered where it appears to be in the best interest of the department, (2) the highest scoring bidder in a multiple criteria bid, in accordance with the criteria set forth in the bid solicitation, or (3) the proposer whose proposal is deemed by the committee to be the most advantageous to the department, in accordance with the criteria set forth in the request for proposals, including price and evaluation factors. In considering past performance of a bidder for the purpose of determining the "lowest responsible qualified bidder" or the "highest scoring bidder in a multiple criteria bid", the committee shall evaluate the skill, ability and integrity of the bidder in terms of the bidder's fulfillment of past contract obligations and the bidder's experience or lack of experience in delivering supplies, materials, equipment or contractual services of the size or amount for which bids have been solicited. If any such bidder refuses to accept, within ten days, a contract awarded to such bidder, such contract may be awarded to the next lowest responsible qualified bidder or the next highest scoring bidder in a multiple criteria bid, whichever is applicable, and so on until such contract is awarded and accepted. If any such proposer refuses to accept, within ten days, a contract awarded to such proposer, such contract shall be awarded to the next most advantageous proposer, and so on until the contract is awarded and accepted. There shall be a written evaluation made of each bid. This evaluation shall: Identify the vendors and their respective costs and prices; document the reason why any vendor is deemed to be nonresponsive; and recommend a vendor for award. The committee shall submit to the Auditors of Public Accounts an annual report of all awards made pursuant to the provisions of this section.
(h) When, in the opinion of the committee, the best interest of the state will be served thereby, it may order that any or all bids or proposals may be rejected. If all bids or proposals are so rejected, the committee shall advertise again for bids or proposals and such bids or proposals shall be opened, awarded and approved in like manner as provided in this section. If all bids or proposals received on a pending contract are for the same unit price or total amount, the committee may order the rejection of all bids or proposals and purchase of the required supplies, materials, equipment or contractual services in the open market, provided the price paid in the open market shall not exceed the bid price. Each bid or proposal, with the name of the bidder or proposer, shall be entered on a record, and each record, with the successful bid or proposal indicated thereon, shall, after the award of the order or contract, be open to public inspection.
(i) Each contract for contractual services entered into by the committee on and after July 1, 2015, shall require the contractor awarded such contract, and each subcontractor of such contractor, to pay each of the contractor's or subcontractor's employees providing services under such contract a wage of at least (1) fifteen dollars per hour, or (2) if applicable, the amount required to be paid under subsection (b) of section 31-57f, whichever is greater. The provisions of this subsection shall not apply to any employee providing services under such contract who receives services from the Department of Developmental Services.
[(i)] (j) Any purchase or contract for supplies, materials, equipment or contractual services contrary to the provisions of this section shall be void and of no effect.
Sec. 100. Section 2-71t of the general statutes is amended by adding subsection (g) as follows (Effective July 1, 2015):
(NEW) (g) Each personal service agreement executed by the committee under this section on and after July 1, 2015, regardless of whether such agreement was based on competitive negotiation or competitive quotations, shall require each personal service contractor, and each subcontractor of such contractor, to pay each of the contractor's or subcontractor's employees providing services under such agreement a wage of at least (1) fifteen dollars per hour, or (2) if applicable, the amount required to be paid under subsection (b) of section 31-57f, whichever is greater. The provisions of this subsection shall not apply to any employee providing services under such agreement who receives services from the Department of Developmental Services.
Sec. 101. Section 2-71u of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
[The] (a) Except as provided in subsection (b) of this section, the committee may extend a personal service agreement, as defined in subsection (a) of section 2-71t, or a contract based on competitive negotiation, as defined in subsection (a) of section 2-71p, without complying with the requirements of said sections, if the committee finds that an extension is in the best interests of the state. Such finding shall be based on a written determination that: (1) Issuing a request for proposals would cause a hardship for the state; (2) issuing a request for proposals would result in a major increase in the cost of such service; (3) the contractor is the sole source for such service; (4) the expiring contract is for a specific project, rather than an ongoing need for a service, which is still in progress; or (5) the expiring contract is for no more than three years and a change in contractors would entail substantial cost or disruption. No agreement or contract may be extended more than one time under this section.
(b) On and after July 1, 2015, the committee shall not extend any personal service agreement or contract based on competitive negotiation under subsection (a) of this section unless such agreement or contract requires, or is modified to require, the personal service contractor or contractor, and each subcontractor of such personal service contractor or contractor, to pay each of the personal service contractor's, contractor's or subcontractor's employees providing services under such agreement or contract a wage of at least (1) fifteen dollars per hour, or (2) if applicable, the amount required to be paid under subsection (b) of section 31-57f, whichever is greater. The provisions of this subsection shall not apply to any employee providing services under such agreement or contract who receives services from the Department of Developmental Services.
Sec. 102. Subsection (a) of section 16-1 of the general statutes, as amended by sections 2 and 3 of public act 15-107, is amended by adding subdivisions (49) and (50) as follows (Effective July 1, 2015):
(NEW) (49) "Distributed energy resource" means any (A) customer-side distributed resource or grid-side distributed resource that generates electricity from a Class I renewable energy source or Class III source, and (B) customer-side distributed resource that reduces demand for electricity through conservation and load management, energy storage system which is located on the customer-side of the meter or is connected to the distribution system or microgrid.
(NEW) (50) "Grid-side system enhancement" means an investment in distribution system infrastructure, technology and systems designed to enable the deployment of distributed energy resources and allow for grid management and system balancing, including, but not limited to, energy storage systems, distribution system automation and controls, intelligent field systems, advanced distribution system metering, and communication and systems that enable two-way power flow.
Sec. 103. (NEW) (Effective July 1, 2015) (a) Notwithstanding subsection (a) of section 16-244e of the general statutes, each electric distribution company, as defined in section 16-1 of the general statutes, as amended by this act, shall submit a proposal or proposals to the Department of Energy and Environmental Protection for a pilot program to build, own or operate grid-side system enhancements, including, but not limited to, energy storage systems, as defined in section 16-1 of the general statutes, as amended by this act, for the purpose of demonstrating and investigating how distributed energy resources, as defined in said section 16-1, can be reliably and efficiently integrated into the operation of the electric distribution system in a manner that maximizes the value provided to the electric grid, electric ratepayers and the public from such resources. Such proposal shall complement and enhance the programs, products and incentives available through the Connecticut Green Bank and the Connecticut Energy Efficiency Fund, pursuant to sections 16-244r, 16-244s and 16-244t of the general statutes, and other similar programs that support the deployment of distributed energy resources.
(b) The department shall evaluate such proposals and may approve such proposals if such proposals demonstrate: (1) How grid-side system enhancements, including, but not limited to, energy storage systems, can be reliably and cost-effectively integrated into the electric distribution system; and (2) that such proposals maximize the value provided to ratepayers. Any proposal that is approved by the department shall be subject to review and approval by the Public Utilities Regulatory Authority, and shall be approved by the authority if the authority concludes that investment in such grid-side system enhancement is reasonable, prudent and provides value to ratepayers.
(c) Each electric distribution company may enter into joint ownership agreements, partnerships or other contractual agreements for services with private entities to carry out the provisions of this section. The costs incurred by the electric distribution companies pursuant to this section shall be recovered from all customers of the contracting electric distribution company through a fully reconciling component of electric rates for all customers of electric distribution companies, until the electric distribution company's next rate case, at which time such costs and investments shall be recoverable through base distribution rates.
(d) Not later than January 1, 2017, the department shall evaluate such approved proposals pursuant to this section and submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to energy, regarding the performance, costs and benefits associated with grid-side system enhancements, including, but not limited to, energy storage systems procured pursuant to this section.
Sec. 104. Subdivision (57) of section 12-81 of the general statutes is amended by adding subparagraph (F) as follows (Effective from passage):
(NEW) (F) For assessment years commencing on and after October 1, 2015, any municipality may, by vote of its legislative body or, in a municipality where the legislative body is a town meeting, by vote of the board of selectmen, abate up to one hundred per cent of the property taxes due for any tax year, for not longer than the term of the power purchase agreement, with respect to any Class I renewable energy source, as defined in section 16-1, as amended by this act, that is the subject of such power purchase agreement approved by the Public Utilities Regulatory Authority pursuant to section 16a-3f.
Sec. 105. (NEW) (Effective July 1, 2015) (a) As used in this section:
(1) "Residential fixed charge" means any fixed fee charged to residential electric customers, including, but not limited to, (A) a fixed charge for distribution basic service, (B) a distribution customer service charge, (C) a customer charge, or (D) a basic service fee which is separate and distinct from any distribution charge per kilowatt-hour.
(2) "Electric distribution company" has the same meaning as provided in section 16-1 of the general statutes, as amended by this act.
(b) The Public Utilities Regulatory Authority shall adjust each electric distribution company's residential fixed charge upon such company's filing with the authority an amendment of rate schedules pursuant to section 16-19 of the general statutes to recover only the fixed costs and operation and maintenance expenses directly related to metering, billing, service connections and the provision of customer service.
(c) The provisions in subsection (b) of this section shall not permit or enable the authority to cause a cost shift to other rate classes.
(d) This section shall not apply to electric customers that subscribe to a residential electric heating service rate class.
Sec. 106. (NEW) (Effective July 1, 2015, and applicable to assessment years commencing on or after October 1, 2015) Any municipality may, by vote of its legislative body or, in a municipality where the legislative body is a town meeting, by vote of the board of selectmen, abate up to one hundred per cent of the property taxes due for any tax year, for not more than twenty-five tax years, with respect to personal property of any gas company, as defined in section 16-1 of the general statutes, as amended by this act, in order to facilitate natural gas expansion projects in such municipality. The gas company shall include the amount of such abatement when calculating the hurdle rate pursuant to section 16-19ww of the general statutes for gas expansion projects within such municipality.
Sec. 107. Section 16a-41b of the general statutes is amended by adding subsection (e) as follows (Effective October 1, 2015):
(NEW) (e) The Low-Income Energy Advisory Board shall convene and devise recommendations to improve the implementation of heating assistance programs, particularly those created to benefit low-income households, through coordination and optimization of existing energy efficiency and energy assistance programs. Such recommendations shall consider: (1) How the Department of Energy and Environmental Protection, Department of Social Services, community action agencies, as defined by section 17b-885, electric distribution companies, as defined by section 16-1, as amended by this act, and municipal electric utilities, as defined by section 7-233b, can securely share heating assistance program applicant data, with respect to customer energy usage levels, past participation and eligibility for energy assistance and energy efficiency programs, and other data deemed relevant to improve coordination among such programs and program administrators; (2) the costs and benefits of current energy assistance and energy efficiency programs and how to maximize customer benefits through such customers' participation in any combination of energy assistance and energy efficiency programs; (3) how to streamline the application process for energy assistance and energy efficiency program applicants and the possible development of joint electronic applications; (4) how to make energy assistance and energy efficiency programs more accessible and feasible for tenants in rental housing units, including, but not limited to, how to best secure landlord permission for such services; and (5) coordination efforts to best improve boiler and furnace replacement programs. Not later than January 1, 2016, the Low-Income Energy Advisory Board shall report such recommendations, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to energy, appropriations and human services.
Sec. 108. Subsection (o) of section 16-245o of the general statutes, as amended by section 2 of public act 15-90, is repealed and the following is substituted in lieu thereof (Effective from passage):
(o) On or before October 1, 2015, the Public Utilities Regulatory Authority shall initiate a proceeding to develop recommendations and guidance regarding (1) what type of generation services rate structure is best suited for residential customers who allow a fixed contract with an electric supplier to expire and begin paying a month-to-month rate for generation services from such supplier; and (2) what [rate increase is just and reasonable if a generation services rate increase is necessary] change to the generation services rate and to the terms and conditions of such service that customers may experience after the expiration of a fixed contract [and] when such [customer begins] customers begin paying a month-to-month rate. The authority shall report, in accordance with the provisions of section 11-4a, the findings of such proceeding to the joint standing committee of the General Assembly having cognizance of matters relating to energy, on or before January 1, 2016.
Sec. 109. Section 7-222 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) The price to be charged to persons or corporations for gas or electricity shall be fixed and shall not be changed more often than once in three months. Any change shall take effect on the first day of the month, and the new price adopted shall, before the change takes effect, be advertised at least one month in some newspaper published in the municipality where the plant is located and, if none is published therein, in some newspaper published in the county where the plant is situated. Such price shall be fixed on a basis of not less than a net profit per year of five per cent on the cost of the investment in plant made by the municipality and also depreciation of the plant at not less than five per cent per annum of its cost, and the price shall not be greater than to allow a net profit of eight per cent per annum to the municipality on such cost. In fixing such basis on which to establish the price to be charged to persons and corporations, the gas and electricity used by the municipality shall be charged to it at cost. A sufficient deposit to cover the payment for gas or electricity for three months may be required in advance from any taker, and the supply may be shut off from any premises until all arrearages for gas or electricity furnished thereon are paid. Such deposit may be made by cash, letter of credit or surety bond. After three months' default in payment of such arrearages, all appliances for distribution on such premises belonging to the municipality may be removed and after such removal shall not be restored, except on payment of all such arrearages and a sufficient sum to cover all expenses incurred by the removal and restoration, with the penalty which the municipality may impose in such cases.
(b) The provisions of this section shall not apply to the sale of compressed natural gas.
(c) Each member municipal electric utility of a municipal electric energy cooperative, as defined in section 7-233b, may return fifty per cent of the deposit, as described in subsection (a) of this section, to each nonresidential electric customer if such customer's account remains in good standing for two years.
Sec. 110. Subdivision (5) of subsection (b) of section 4-66l of the general statutes, as amended by section 207 of public act 15-244, is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(5) (A) For the fiscal year ending June 30, 2017, three million dollars shall be expended by the secretary for the purposes of the regional services grants pursuant to subsection (e) of this section to the regional councils of governments, [on a per capita basis, as determined by the most recent population estimate of the Department of Public Health] and (B) for the fiscal year ending June 30, 2018, and each fiscal year thereafter, seven million dollars shall be expended for the purposes of the regional services grants pursuant to subsection (e) of this section to the regional councils of governments; [on a per capita basis, as determined by the most recent population estimate of the Department of Public Health;] and
Sec. 111. Subsection (e) of section 4-66l of the general statutes, as amended by section 207 of public act 15-244, is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(e) For the fiscal year ending June 30, 2017, and each fiscal year thereafter, each regional council of governments shall receive a regional services grant, the amount of which will be based on a formula to be determined by the secretary. No such council shall receive a grant for the fiscal year ending June 30, 2018, or any fiscal year thereafter, unless the secretary approves a spending plan for such grant moneys submitted by such council to the secretary on or before July 1, 2017, and annually thereafter. The regional councils of governments shall use such grants for planning purposes and to achieve efficiencies in the delivery of municipal services by regionalizing such services, including, but not limited to, region-wide consolidation of such services. Such efficiencies shall not diminish the quality of such services. A unanimous vote of the representatives of such council shall be required for approval of any expenditure from such grant. On or before October 1, 2017, and biennially thereafter, each such council shall submit a report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to planning and development and finance, revenue and bonding. Such report shall summarize expenditure of such grants and provide recommendations concerning the expansion, reduction or modification of such grants.
Sec. 112. (NEW) (Effective October 1, 2015) (a) For the purposes of this section, "employee welfare fund" shall have the same meaning as provided in subsection (i) of section 31-53 of the general statutes.
(b) Any payment to an employee welfare fund that is past due under the terms of a written contract or rules and regulations adopted by the trustees of such funds shall be considered wages for the purpose of section 31-72 of the general statutes.
(c) (1) Any sole proprietor or general partner, or officer, director or member of a corporation or limited liability company, who fails to make such payment when due to an employee welfare fund under the terms of a written contract or rules and regulations adopted by the trustees of such fund, or (2) any employee of a corporation or limited liability company who has been designated by the corporation or limited liability company to make such payment and who fails to make such payment when due to an employee welfare fund shall be personally liable in a civil action for payment of the amount due such fund, as well as court costs and reasonable attorney's fees.
Sec. 113. (NEW) (Effective January 1, 2016) (a) As used in this section, the following terms shall have the following meanings:
(1) "Capital project" means any acquisition, construction, rehabilitation or remodeling of any structure used or intended to be used for commercial purposes that is financed in whole or in part with funds or property from or arranged by the state, including, but not limited to, grants, loans, bonds, revenue bonds, tax increment financing, conveyance of real property or other means;
(2) "Concession area" means a space or privilege granted within or upon a premises that is used for the purpose of a subsidiary business or service;
(3) "Contractor" means a business entity or individual who is awarded a hospitality project contract;
(4) "Hospitality project" means any (A) capital project involving a restaurant, bar, club, cafeteria or other food and beverage operation within or upon the premises of a hotel, or (B) concession area used to provide food and beverage or news or gift services within or upon the premises of a state-owned or operated facility that is financed or contracted for by the state;
(5) "Hotel" means a commercial establishment where sleeping accommodations are offered for pay to transient guests;
(6) "Labor peace agreement" means an agreement between a contractor, and any subcontractor thereof, and a labor organization representing hotel or concession area employees in the state that requires the labor organization and its members to refrain from engaging in labor activity that may disrupt the operations of the hotel or concession area, including, but not limited to, strikes, boycotts, work stoppages and picketing;
(7) "State" means the state of Connecticut; and
(8) "Substantial proprietary interest" means (A) a financial investment by the state of not less than six million dollars in any hospitality project, or twenty per cent of the cost of such project, whichever is less, in which the state shall be reimbursed under the terms of a finance agreement, or (B) any contract, lease or license entered into or issued pursuant to a hospitality project in which the state is entitled to receive rents, royalties or other payments in connection with a property provided by the state and based on the revenue of such hospitality project.
(b) For any hospitality project entered into on or after January 1, 2016, in which the state holds a substantial proprietary interest, the state shall require any contract for hotel or concession area operation or management services pursuant to such project to include a labor peace agreement between the contractor and any subcontractor, tenant or licensee thereof providing such operation or services and the labor organization representing or seeking to represent the employees of such hotel or concession area. Such labor peace agreement shall remain in effect until such time as the state's financial investment has been fully repaid.
Sec. 114. (NEW) (Effective July 1, 2015) (a) For purposes of this section:
(1) "Youth athletic activity" means an organized athletic activity involving participants of not less than seven years of age and not more than nineteen years of age, who (A) (i) engage in an organized athletic game or competition against another team, club or entity or in practice or preparation for an organized game or competition against another team, club or entity, or (ii) attend an organized athletic camp or clinic the purpose of which is to train, instruct or prepare such participants to engage in an organized athletic game or competition, and (B) (i) pay a fee to participate in such organized athletic game or competition or attend such camp or clinic, or (ii) whose cost to participate in such athletic game or competition or attend such camp or clinic is sponsored by a municipality, business or nonprofit organization. "Youth athletic activity" does not include any college or university athletic activity, or an athletic activity that is incidental to a nonathletic program or lesson; and
(2) "Operator" means any municipality, business or nonprofit organization that conducts, coordinates, organizes or otherwise oversees any youth athletic activity but shall not include any municipality, business or nonprofit organization solely providing access to, or use of, any field, court or other recreational area, whether for compensation or not.
(b) Not later than January 1, 2016, and annually thereafter, each operator of a youth athletic activity shall make available a written or electronic statement regarding concussions to each youth athlete and a parent or legal guardian of each youth athlete participating in the youth athletic activity. Such written or electronic statement shall be made available upon registration of each youth athlete and shall be consistent with the most recent information provided by the National Centers for Disease Control and Prevention regarding concussions. Such written or electronic statement shall include educational content addressing, at a minimum: (1) The recognition of signs or symptoms of a concussion, (2) the means of obtaining proper medical treatment for a person suspected of sustaining a concussion, (3) the nature and risks of concussions, including the danger of continuing to engage in youth athletic activity after sustaining a concussion, and (4) the proper procedures for allowing a youth athlete who has sustained a concussion to return to athletic activity.
(c) No operator, or designee of such operator, shall be subject to civil liability for failing to make available the written or electronic statement regarding concussions pursuant to subsection (b) of this section.
Sec. 115. Subsection (a) of section 10-149b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) (1) For the school year commencing July 1, 2010, and each school year thereafter, any person who holds or is issued a coaching permit by the State Board of Education and is a coach of intramural or interscholastic athletics shall complete an initial training course regarding concussions, [which are a type of brain injury,] developed or approved pursuant to subdivision (1) of subsection (b) of this section, prior to commencing the coaching assignment for the season of such school athletics.
(2) For the school year commencing July 1, 2014, and each school year thereafter, any coach who has completed the initial training course described in subdivision (1) of this subsection shall annually review current and relevant information regarding concussions, prepared or approved pursuant to subdivision (2) of subsection (b) of this section, prior to commencing the coaching assignment for the season of such school athletics. Such annual review shall not be required in any year when such coach is required to complete the refresher course, pursuant to subdivision (3) of this subsection, for reissuance of his or her coaching permit.
(3) For the school year commencing July 1, 2015, and each school year thereafter, a coach shall complete a refresher course, developed or approved pursuant to subdivision (3) of subsection (b) of this section, not later than five years after completion of the initial training course, as a condition of the reissuance of a coaching permit to such coach. Such coach shall thereafter retake such refresher course at least once every five years as a condition of the reissuance of a coaching permit to such coach.
Sec. 116. (NEW) (Effective July 1, 2015) (a) There is established the Aquaculture Advisory Council. Such council shall be composed of the following members: (1) Three appointed by the Governor, one of whom shall be a representative of the shellfisheries industry who is licensed to operate less than one thousand acres of shellfish beds, one of whom shall be a representative from a marine habitat conservation organization and one of whom shall be a scholar in marine studies; (2) two appointed by the speaker of the House of Representatives, one of whom shall be a chief executive officer of a coastal municipality that is located west of the Connecticut River; (3) one appointed by the president pro tempore of the Senate who shall be a recreational shellfisherman; (4) one appointed by the majority leader of the House of Representatives who shall be a chief executive officer of a coastal municipality that is located east of the Connecticut River; (5) one appointed by the majority leader of the Senate who shall be a representative of the shellfisheries industry who is licensed to operate two thousand five hundred acres or more of shellfish beds; (6) one appointed by the minority leader of the House of Representatives who shall be a representative of a shellfish commission; (7) one appointed by the minority leader of the Senate who shall be a representative of the shellfisheries industry who is licensed to operate one thousand or more but less than two thousand five hundred acres of shellfish beds; (8) the Commissioner of Agriculture, or the commissioner's designee; (9) the Commissioner of Public Health, or the commissioner's designee; and (10) the Commissioner of Energy and Environmental Protection, or the commissioner's designee. Appointments shall be made not later than October 1, 2015. The Governor shall designate the chairperson of the council and the council shall elect a vice-chairperson from among its members. The council shall be located in the Agricultural Experiment Station for administrative purposes only.
(b) The Aquaculture Advisory Council shall: (1) Develop a recommended plan to expand the shellfish industry in Connecticut; (2) provide recommendations on procedures for the public availability of maps indicating the names of state shellfish bed lessees; (3) review the state shellfish leasing process and make recommendations to the Governor and to the joint standing committee of the General Assembly having cognizance of matters relating to the environment for any recommended changes to such leases or lease processes; (4) review health and safety standards pertaining to the state's shellfish industry; (5) review existing laws and procedures pertaining to recreational shellfishing in Connecticut; (6) review other coastal states' laws and regulations pertaining to shellfish sizes and make recommendations for changes to Connecticut's shellfish size law; (7) coordinate with other states to inform recommendations on how to further develop the state's shellfish industry; and (8) provide recommendations on policies of the Department of Agriculture's Bureau of Aquaculture.
(c) The advisory council shall meet quarterly. Not later than July 1, 2016, and annually thereafter, the council shall submit a report on the status of the state's shellfish industry and any attendant recommendations to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to the environment, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 117. Section 4-61dd of the general statutes is amended by adding subsection (l) as follows (Effective July 1, 2015):
(NEW) (l) (1) No officer or employee of a state shellfish grounds lessee shall take or threaten to take any personnel action against any employee of a state shellfish grounds lessee in retaliation for (A) such employee's disclosure of information to an employee of the leasing agency concerning information involving the state shellfish grounds lease, or (B) such employee's testimony or assistance in any proceeding under this section.
(2) (A) Not later than ninety days after learning of the specific incident giving rise to a claim that a personnel action has been threatened or has occurred in violation of subdivision (1) of this subsection, an employee of a state shellfish grounds lessee or the employee's attorney may file a complaint against the state shellfish grounds lessee concerning such personnel action with the Chief Human Rights Referee designated under section 46a-57. Such complaint may be amended if an additional incident giving rise to a claim under this subdivision occurs subsequent to the filing of the original complaint. The Chief Human Rights Referee shall assign the complaint to a human rights referee appointed under section 46a-57, who shall conduct a hearing and issue a decision concerning whether the officer or employee taking or threatening to take the personnel action violated any provision of this subsection. The human rights referee may order a state shellfish grounds lessee to produce (i) an employee of such lessee to testify as a witness in any proceeding under this subdivision, or (ii) books, papers or other documents relevant to the complaint, without issuing a subpoena. If such state shellfish grounds lessee fails to produce such witness, books, papers or documents, not later than thirty days after such order, the human rights referee may consider such failure as supporting evidence for the complainant. If, after the hearing, the human rights referee finds a violation, the referee may award the aggrieved employee reinstatement to the employee's former position, back pay and reestablishment of any employee benefits for which the employee would otherwise have been eligible if such violation had not occurred, reasonable attorneys' fees, and any other damages. For the purposes of this subsection, such human rights referee shall act as an independent hearing officer. The decision of a human rights referee under this subsection may be appealed by any person who was a party at such hearing, in accordance with the provisions of section 4-183.
(B) The Chief Human Rights Referee shall adopt regulations, in accordance with the provisions of chapter 54, establishing the procedure for filing complaints and noticing and conducting hearings under subparagraph (A) of this subdivision.
(3) As an alternative to the provisions of subdivision (2) of this subsection, an employee of a state shellfish grounds lessee who alleges that a personnel action has been threatened or taken may, after exhausting all available administrative remedies, bring a civil action in accordance with the provisions of subsection (c) of section 31-51m.
(4) In any proceeding under subdivision (2) or (3) of this subsection concerning a personnel action taken or threatened against any employee of a state shellfish grounds lessee, which personnel action occurs not later than two years after the employee first transmits facts and information to an employee of the leasing agency concerning the state shellfish grounds lease, there shall be a rebuttable presumption that the personnel action is in retaliation for the action taken by the employee under subdivision (1) of this subsection.
Sec. 118. (Effective from passage) Not later than January 1, 2016, the Commissioner of Agriculture, in accordance with the provisions of section 11-4a of the general statutes, and after consultation with the Commissioner of Public Health, shall submit to the joint standing committee of the General Assembly having cognizance of matters relating to the environment a report concerning the need for and viability of establishing a laboratory located east of the Connecticut River for the testing of shellfish. Such report shall include, but not be limited to, a description of the requisite laboratory testing for shellfish as prescribed by the Department of Public Health, the Department of Agriculture, federal law and any other provision of law, an explanation of any standards that any such laboratory is required to meet, a description of any requisite equipment and facilities required to perform such testing, a listing of the qualifications that any person who performs such testing is required to possess, an assessment of the adequacy of existing state facilities to perform such testing for the state's shellfish industry, the volume of such testing that could occur at a facility established at a location east of the Connecticut River and identification of any existing privately owned facilities, state resources or state facilities that could adequately and appropriately provide a location for such testing at a location east of the Connecticut River, including, but not limited to, a cost-benefit analysis for modifying any such existing state resources or facilities to provide for such testing at a location east of the Connecticut River.
Sec. 119. Section 22-4b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
The Commissioner of Agriculture may designate as [his] an agent of the commissioner: (1) [any] Any deputy commissioner or any employee of the department to exercise all or part of the authority, powers and duties of said commissioner in [his] the absence [or] of the commissioner, (2) any deputy commissioner or any employee, assistant or agent employed by the Department of Agriculture to exercise such authority of the Commissioner of Agriculture as [he] the commissioner delegates for the administration or enforcement of any applicable statute, regulation, permit or order, (3) any deputy commissioner, employee, assistant or agent employed by the Department of Agriculture who is deemed qualified by the commissioner to act as a hearing officer in administrative hearings, (4) two or more qualified persons, one of whom shall be designated as the presiding officer to conduct administrative hearings, and (5) any qualified person to serve as a hearing officer for contested cases who may be compensated for such service. Any such hearing officer appointed by the commissioner shall render a proposed final decision or the final decision as directed by the commissioner except that the commissioner or deputy commissioner shall consider and make the final decision when modification or reconsideration of a contested case is requested by a party pursuant to section 4-181a.
Sec. 120. Section 22-6 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
The Commissioner of Agriculture shall be the administrative head of the Department of Agriculture. [He] The commissioner shall encourage and promote the development of agriculture within the state and collect and publish information and statistics in regard to the agricultural and animal industries and interests of the state and submit the same to the Governor in [his] an annual report. [He] The commissioner shall, annually, visit different sections of the state and investigate the methods and wants of practical husbandry, the adaptation of agricultural products to soil, climate and markets, and, as far as practicable, visit agricultural fairs within the state, encourage the establishment of farmers' clubs, agricultural libraries and reading rooms and disseminate agricultural information by lectures or otherwise. In cooperation with The University of Connecticut, [he] the commissioner may prepare and publish bulletins containing information concerning the cost of production of farm products. [He] The commissioner is authorized to hold an annual state exhibit at the Eastern States Exposition at West Springfield, Massachusetts. [He] The commissioner is authorized to enter into an agreement with the United States Department of Agriculture for cooperative work in the collection and publication of agricultural statistics. The commissioner shall have the authority to charge such fees as [he] the commissioner may deem reasonable for publications of information by any of the component agencies of the Department of Agriculture. The commissioner shall review any proposed capital project [which] that would convert twenty-five or more acres of prime farmland or one acre or more of shellfish grounds to a nonagricultural use and if such project promotes agriculture or the goal of agricultural land preservation or if there is no reasonable alternative site for the project [he] the commissioner shall file a statement with the Bond Commission so indicating. The commissioner shall file a statement with the Bond Commission for any proposed capital project [which] that would convert or impair any shellfish grounds and shall include in such statement any comments [he] the commissioner deems appropriate for the protection of such grounds. The commissioner shall administer those provisions of sections 12-107a, 12-107b, 12-107c and 12-107e [which] that address the assessment of farmland and open space. The commissioner may request the Attorney General to bring an action in the Superior Court for injunctive relief requiring compliance with any statute, regulation, order or permit administered, adopted or issued by [him] the commissioner. [The Commissioner of Agriculture may designate as his agent (1) any deputy commissioner to exercise all or part of the authority, powers and duties of the commissioner in his absence and (2) any deputy commissioner or any employee to exercise such authority of the commissioner as he delegates for the administration or enforcement of any applicable statute, regulation, permit or order, except the authority to render a final decision after a hearing.]
Sec. 121. Subsection (c) of section 22-6c of the general statutes, as amended by section 1 of public act 15-22, is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(c) For purposes of this section, "farmer" includes, but is not limited to, any lessee or franchise holder of a state or town shellfish bed and "farmland restoration plan" means a conservation plan of the United States Department of Agriculture's Natural Resources Conservation Service, a conservation plan of a soil and water conservation district established pursuant to section 22a-315 or a conservation plan approved by the Commissioner of Agriculture. "Farmland restoration plan" includes "agricultural restoration purposes", as defined in section 22-6d, as amended by [this act] public act 15-22 and conservation and restoration plans for leased or franchised shellfish beds.
Sec. 122. Section 10a-173 of the general statutes is amended by adding subsection (j) as follows (Effective July 1, 2015):
(NEW) (j) Notwithstanding any provisions of subsections (a) to (i), inclusive, of this section, on and after July 1, 2015, any independent institution of higher education located in a municipality with a population of not less than fifty thousand but not more than fifty-two thousand, as enumerated in the 2010 federal decennial census, shall not receive an allocation of the annual appropriation made under subsection (e) of this section in excess of six hundred seventy-three thousand dollars.
Sec. 123. Subsection (b) of section 12-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) Notwithstanding any provision of the general statutes to the contrary, the commissioner may issue administrative pronouncements providing his interpretation of the tax laws. [Within one hundred eighty days from the issuance of any administrative pronouncement the commissioner shall publish notice of intent to adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of any administrative pronouncement issued on or after August 22, 1991, and such regulations shall be presented to the legislative regulation review committee within six months from the date of the issuance of any such pronouncement.] Such pronouncements shall not have the force and effect of regulations and shall carry a notice stating that the administrative pronouncements do not have the force and effect of law, provided taxpayers shall be entitled to rely on such pronouncements. For the purpose of this subsection "administrative pronouncement" means a statement by the Commissioner of Revenue Services which provides his interpretation of the tax laws and which is published and made available to the public. The commissioner shall, with respect to any provision of the general statutes which authorizes the issuance of rules, file with the legislative regulation review committee, within six months after the issuance of such rules, regulations which implement the provisions of such rules.
Sec. 124. Section 12-7c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The Commissioner of Revenue Services shall, on or before [December 31, 2014] February 15, 2017, and biennially thereafter, submit to the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding, and post on said department's Internet web site a report on the overall incidence of the income tax, sales and excise taxes, the corporation business tax and property tax. The report shall present information on the distribution of the tax burden as follows:
(1) For individuals:
(A) Income classes, including income distribution expressed for every ten percentage points; and
(B) Other appropriate taxpayer characteristics, as determined by said commissioner.
(2) For businesses:
(A) Business size as established by gross receipts;
(B) Legal organization; and
(C) Industry by NAICS code.
(b) The Commissioner of Revenue Services may enter into a contract with any public or private entity for the purpose of preparing the report required pursuant to subsection (a) of this section.
Sec. 125. Subsection (a) of section 12-702a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Any individual who has made a joint return under this chapter may elect to seek relief under the provisions of subsection (b) of this section and if such individual is eligible to elect the application of subsection (c) of this section, such individual may, in addition to any election under subsection (b) of this section, elect to limit such individual's liability for any deficiency with respect to such joint return in the manner prescribed under subsection (c) of this section. Any individual who has made a joint return under this chapter may elect to seek relief under the provisions of subsection (f) of this section, even if such individual is not eligible to seek relief under subsection (b) or (c) of this section.
Sec. 126. Subsections (f) to (h), inclusive, of section 12-702a of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
(f) Under procedures prescribed by the commissioner, if taking into account all the facts and circumstances, it is inequitable to hold such individual liable for any unpaid tax or any deficiency, or any portion of [either] such unpaid tax or deficiency, and relief is not otherwise available to such individual under this section, the commissioner may relieve such individual of such liability.
(g) The commissioner [shall] may adopt regulations, in accordance with chapter 54, as are necessary to carry out the provisions of this section, including regulations providing the opportunity for an individual to have notice of, and an opportunity to participate in, any administrative proceeding with respect to an election made under this section by the other individual filing the joint return.
(h) The provisions of this section shall be applicable with respect to any liability arising after May 27, 1999, and any liability arising on or before May 27, 1999, if such liability remains unpaid as of said date, provided the two-year period to make an election under subsection (b) or (c) of this section shall not expire before the date that is two years after the date of the first collection activity after May 27, 1999.
Sec. 127. Subsection (b) of section 12-706 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) [Every] Each employer required to deduct and withhold tax under this chapter from the wages of an employee shall furnish to each such employee [in] with respect to the wages paid by such employer to such employee during the calendar year, on or before January thirty-first of the next succeeding year, a written statement as prescribed by the [commissioner of revenue services] Commissioner of Revenue Services showing the amount of wages paid by the employer to the employee, the amount deducted and withheld as tax, and such other information as said commissioner shall prescribe. Each such employer shall file a copy of such written statement with the Commissioner of Revenue Services on or before said January thirty-first date.
Sec. 128. Section 29-18b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The Commissioner of Emergency Services and Public Protection may appoint persons nominated by the Commissioner of Revenue Services to act as special policemen in [the special investigation section of] the Department of Revenue Services. Such appointees shall serve at the pleasure of the Commissioner of Emergency Services and Public Protection and, during such tenure, shall have all the powers conferred on state policemen. [They] Such special policemen shall, in addition to their duties with said [special investigation section] department, be subject to call by the Commissioner of Emergency Services and Public Protection for such emergency service as [said commissioner] the Commissioner of Emergency Services and Public Protection may prescribe.
Sec. 129. Subsection (a) of section 53-394 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) "Racketeering activity" means to commit, to attempt to commit, to conspire to commit, or to intentionally aid, solicit, coerce or intimidate another person to commit any crime which, at the time of its commission, was a felony chargeable by indictment or information under the following provisions of the general statutes then applicable: (1) Sections 53-278a to 53-278f, inclusive, relating to gambling activity; (2) chapter 949a, relating to extortionate credit transactions; (3) chapter 952, part IV, relating to homicide; (4) chapter 952, part V, relating to assault, except assault with a motor vehicle as defined in section 53a-60d; (5) sections 53a-85 to 53a-88, inclusive, relating to prostitution; (6) chapter 952, part VII, relating to kidnapping; (7) chapter 952, part VIII, relating to burglary, arson and related offenses; (8) chapter 952, part IX, relating to larceny, robbery and related offenses; (9) chapter 952, part X, relating to forgery and related offenses; (10) chapter 952, part XI, relating to bribery and related offenses; (11) chapter 952, part XX, relating to obscenity and related offenses; (12) chapter 952, part XIX, relating to coercion; (13) sections 53-202, 53-206, 53a-211 and 53a-212, relating to weapons and firearms; (14) section 53-80a, relating to the manufacture of bombs; (15) sections 36b-2 to 36b-34, inclusive, relating to securities fraud and related offenses; (16) sections 21a-277, 21a-278 and 21a-279, relating to drugs; (17) section 22a-131a, relating to hazardous waste; (18) chapter 952, part XXIII, relating to money laundering; [or] (19) section 53a-192a, relating to trafficking in persons; or (20) subdivision (1) of subsection (b) of section 12-304 or section 12-308, relating to cigarettes.
Sec. 130. (Effective from passage) Notwithstanding the provision of subsection (j) of section 45a-82 of the general statutes, any balance in the Probate Court Administration Fund on June 30, 2015, shall remain in said fund and shall not be transferred to the General Fund, regardless of whether such balance is in excess of an amount equal to fifteen per cent of the total expenditures authorized pursuant to subsection (a) of section 45a-84 of the general statutes for the immediately succeeding fiscal year.
Sec. 131. Subdivision (1) of subsection (b) of section 172 of public act 15-244 is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(b) (1) For each calendar quarter commencing on or after October 1, 2015, there is hereby imposed a tax on each ambulatory surgical center in this state to be paid each calendar quarter. The tax imposed by this section shall be at the rate of six per cent of the gross receipts of each ambulatory surgical center, except that such tax shall not be imposed on any amount of such gross receipts that constitutes net patient revenue of a hospital that is subject to the tax imposed under chapter 211a of the general statutes. Nothing in this section shall prohibit an ambulatory surgical center from seeking remuneration for the tax imposed by this section.
Sec. 132. (Effective July 1, 2015) Notwithstanding the provisions of section 9-701 of the general statutes, on or after July 1, 2016, the sum of $7,750,000 shall be transferred from the Citizens' Election Fund and credited to the resources of the General Fund for the fiscal year ending June 30, 2017.
Sec. 133. Subdivision (1) of section 12-408 of the general statutes, as amended by sections 72 and 74 of public act 15-244, is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to sales occurring on or after October 1, 2015):
(1) (A) For the privilege of making any sales, as defined in subdivision (2) of subsection (a) of section 12-407, at retail, in this state for a consideration, a tax is hereby imposed on all retailers at the rate of six and thirty-five-hundredths per cent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail or from the rendering of any services constituting a sale in accordance with subdivision (2) of subsection (a) of section 12-407, except, in lieu of said rate of six and thirty-five-hundredths per cent, the rates provided in subparagraphs (B) to (H), inclusive, of this subdivision;
(B) At a rate of fifteen per cent with respect to each transfer of occupancy, from the total amount of rent received for such occupancy of any room or rooms in a hotel or lodging house for the first period not exceeding thirty consecutive calendar days;
(C) With respect to the sale of a motor vehicle to any individual who is a member of the armed forces of the United States and is on full-time active duty in Connecticut and who is considered, under 50 App USC 574, a resident of another state, or to any such individual and the spouse thereof, at a rate of four and one-half per cent of the gross receipts of any retailer from such sales, provided such retailer requires and maintains a declaration by such individual, prescribed as to form by the commissioner and bearing notice to the effect that false statements made in such declaration are punishable, or other evidence, satisfactory to the commissioner, concerning the purchaser's state of residence under 50 App USC 574;
(D) (i) With respect to the sales of computer and data processing services occurring on or after July 1, 1997, and prior to July 1, 1998, at the rate of five per cent, on or after July 1, 1998, and prior to July 1, 1999, at the rate of four per cent, on or after July 1, 1999, and prior to July 1, 2000, at the rate of three per cent, on or after July 1, 2000, and prior to July 1, 2001, at the rate of two per cent, on or after July 1, 2001, [and prior to October 1, 2015,] at the rate of one per cent, [on or after October 1, 2015, and prior to July 1, 2016, at the rate of two per cent, on or after July 1, 2016, at the rate of three per cent,] and (ii) with respect to sales of Internet access services, on and after July 1, 2001, such services shall be exempt from such tax; [, and (iii) with respect to the sales of computer and data processing services occurring on or after October 1, 2015, such services performed by an entity for an affiliate of such entity shall be exempt from such tax, where "affiliate" means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person, and "owns", "is owned" and "ownership" mean ownership of an equity interest, or the equivalent thereof, of fifty per cent or more;]
(E) (i) With respect to the sales of labor that is otherwise taxable under subparagraph (C) or (G) of subdivision (2) of subsection (a) of section 12-407 on existing vessels and repair or maintenance services on vessels occurring on and after July 1, 1999, such services shall be exempt from such tax;
(ii) With respect to the sale of a vessel, such sale shall be exempt from such tax provided such vessel is docked in this state for sixty or fewer days in a calendar year;
(F) With respect to patient care services for which payment is received by the hospital on or after July 1, 1999, and prior to July 1, 2001, at the rate of five and three-fourths per cent and on and after July 1, 2001, such services shall be exempt from such tax;
(G) With respect to the rental or leasing of a passenger motor vehicle for a period of thirty consecutive calendar days or less, at a rate of nine and thirty-five-hundredths per cent;
(H) With respect to the sale of (i) a motor vehicle for a sales price exceeding fifty thousand dollars, at a rate of seven and three-fourths per cent on the entire sales price, (ii) jewelry, whether real or imitation, for a sales price exceeding five thousand dollars, at a rate of seven and three-fourths per cent on the entire sales price, and (iii) an article of clothing or footwear intended to be worn on or about the human body, a handbag, luggage, umbrella, wallet or watch for a sales price exceeding one thousand dollars, at a rate of seven and three-fourths per cent on the entire sales price. For purposes of this subparagraph, "motor vehicle" has the meaning provided in section 14-1, but does not include a motor vehicle subject to the provisions of subparagraph (C) of this subdivision, a motor vehicle having a gross vehicle weight rating over twelve thousand five hundred pounds, or a motor vehicle having a gross vehicle weight rating of twelve thousand five hundred pounds or less that is not used for private passenger purposes, but is designed or used to transport merchandise, freight or persons in connection with any business enterprise and issued a commercial registration or more specific type of registration by the Department of Motor Vehicles;
(I) The rate of tax imposed by this chapter shall be applicable to all retail sales upon the effective date of such rate, except that a new rate which represents an increase in the rate applicable to the sale shall not apply to any sales transaction wherein a binding sales contract without an escalator clause has been entered into prior to the effective date of the new rate and delivery is made within ninety days after the effective date of the new rate. For the purposes of payment of the tax imposed under this section, any retailer of services taxable under subparagraph (I) of subdivision (2) of subsection (a) of section 12-407, who computes taxable income, for purposes of taxation under the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, on an accounting basis which recognizes only cash or other valuable consideration actually received as income and who is liable for such tax only due to the rendering of such services may make payments related to such tax for the period during which such income is received, without penalty or interest, without regard to when such service is rendered; [and]
(J) For calendar quarters ending on or after September 30, 2011, except for calendar quarters ending on or after July 1, 2016, but prior to July 1, 2017, the commissioner shall deposit into the regional planning incentive account, established pursuant to section 4-66k, six and seven-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (B) of this subdivision and ten and seven-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (G) of this subdivision;
(K) (i) Notwithstanding the provisions of this section, for calendar [quarters ending on or after December 31, 2015, but prior to July 1, 2016] months commencing on or after January 1, 2016, but prior to May 1, 2017, the commissioner shall deposit into the municipal revenue sharing account established pursuant to section 4-66l, as amended by public act 15-244 and this act, four and seven-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (A) of this subdivision;
(ii) For calendar [quarters ending on or after July 1, 2016] months commencing on or after May 1, 2017, but prior to July 1, 2017, the commissioner shall deposit into the municipal revenue sharing account established pursuant to section 4-66l, as amended by public act 15-244 and this act, six and three-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (A) of this subdivision;
(iii) For calendar [quarters ending] months commencing on or after July 1, 2017, the commissioner shall deposit into the municipal revenue sharing account established pursuant to section 4-66l, as amended by public act 15-244 and this act, seven and nine-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (A) of this subdivision; and
(L) (i) Notwithstanding the provisions of this section, for calendar [quarters ending on or after December 31, 2015, but prior to July 1, 2016] months commencing on or after October 1, 2015, but prior to October 1, 2016, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 four and seven-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (A) of this subdivision;
(ii) For calendar [quarters ending] months commencing on or after [July 1, 2016] October 1, 2016, but prior to July 1, 2017, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 six and three-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (A) of this subdivision; and
(iii) For calendar [quarters ending] months commencing on or after July 1, 2017, the commissioner shall deposit into the Special Transportation Fund established under section 13b-68 seven and nine-tenths per cent of the amounts received by the state from the tax imposed under subparagraph (A) of this subdivision.
Sec. 134. Subparagraph (A) of subdivision (37) of subsection (a) of section 12-407, as amended by section 75 of public act 15-244, is repealed and the following is substituted in lieu thereof (Effective July 1, 2015, and applicable to sales occurring on or after said date):
(A) Computer and data processing services, including, but not limited to, time, programming, code writing, modification of existing programs, feasibility studies and installation and implementation of software programs and systems even where such services are rendered in connection with the development, creation or production of canned or custom software or the license of custom software, and exclusive of services rendered in connection with the creation, development, hosting or maintenance of all or part of a web site which is part of the graphical, hypertext portion of the Internet, commonly referred to as the World Wide Web;
Sec. 135. Subparagraph (A) of subdivision (37) of subsection (a) of section 12-407, as amended by section 75 of public act 15-244 and section 2 of this act, is repealed and the following is substituted in lieu thereof (Effective October 1, 2015, and applicable to sales occurring on or after said date):
(A) Computer and data processing services, including, but not limited to, time, programming, code writing, modification of existing programs, feasibility studies and installation and implementation of software programs and systems even where such services are rendered in connection with the development, creation or production of canned or custom software or the license of custom software; [, and exclusive of services rendered in connection with the creation, development, hosting or maintenance of all or part of a web site which is part of the graphical, hypertext portion of the Internet, commonly referred to as the World Wide Web;]
Sec. 136. Subparagraph (N) of subdivision (37) of subsection (a) of section 12-407 of the general statutes, as amended by section 75 of public act 15-244, is repealed and the following is substituted in lieu thereof (Effective July 1, 2015, and applicable to sales occurring on or after said date):
(N) Motor vehicle parking, including the provision of space, other than metered space, in a lot having thirty or more spaces, excluding (i) space in a parking lot owned or leased under the terms of a lease of not less than ten years' duration and operated by an employer for the exclusive use of its employees, and (ii) space in municipally-operated railroad parking facilities in municipalities located within an area of the state designated as a severe nonattainment area for ozone under the federal Clean Air Act or space in a railroad parking facility in a municipality located within an area of the state designated as a severe nonattainment area for ozone under the federal Clean Air Act owned or operated by the state on or after April 1, 2000;
Sec. 137. Subparagraph (OO) of subdivision (37) of subsection (a) of section 12-407 of the general statutes, as amended by section 75 of public act 15-244, is repealed and the following is substituted in lieu thereof (Effective July 1, 2015, and applicable to sales occurring on or after said date):
(OO) Car wash services, [excluding] including coin-operated car washes.
Sec. 138. Subsections (a) and (b) of section 12-414 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2015, and applicable to periods ending on or after December 31, 2015):
(a) The taxes imposed by this chapter are due and payable to the commissioner monthly on or before the [twentieth] last day of the month next succeeding each monthly period except that (1) every person whose total tax liability for the twelve-month period ending on the preceding June thirtieth was less than four thousand dollars shall remit tax on a quarterly basis, and (2) every person described in subdivision (2) of subsection (e) of this section shall remit tax as prescribed by the commissioner under said subdivision (2). "Quarterly" means a period of three calendar months commencing on the first day of January, April, July or October of each year or, if any seller commences business on a date other than the first day of January, April, July or October, a period beginning on the date of commencement of business and ending on March thirty-first, June thirtieth, September thirtieth or December thirty-first, respectively.
(b) On or before the [twentieth] last day of the month following each monthly or quarterly period, as the case may be, or on the date or dates prescribed by the commissioner under subsection (e) of this section, 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 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 or her 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. 139. Section 105 of public act 15-244 is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
Notwithstanding the provisions of section 3-6c of the general statutes, the Secretary of the Office of Policy and Management, on behalf of the state of Connecticut, may enter into separate agreements with the Mashantucket Pequot Tribe and the Mohegan Tribe of Indians of Connecticut concerning the operation of keno by the Connecticut Lottery Corporation in the state of Connecticut. Any such agreement shall provide that the state of Connecticut shall distribute to each tribe a sum not to exceed a twelve and one-half per cent share of the gross operating revenue received by the state from the operation of keno. The corporation may not operate keno until such separate agreements are effective. For the purposes of this section, "gross operating revenues" means the total amounts wagered, less amounts paid out as prizes.
Sec. 140. (Effective June 30, 2015) Sections 83, 84 and 138 to 163, inclusive, of public act 15-244 shall take effect January 1, 2016, and shall be applicable to income years commencing on or after said date.
Sec. 141. Subdivisions (7) and (8) of subsection (b) of section 12-214 of the general statutes, as amended by section 83 of public act 15-244, are repealed and the following is substituted in lieu thereof (Effective January 1, 2016, and applicable to income years commencing on or after said date):
(7) (A) With respect to income years commencing on or after January 1, 2012, and prior to January 1, 2018, any company subject to the tax imposed in accordance with subsection (a) of this section shall pay, for each such income year, except when the tax so calculated is equal to two hundred fifty dollars, an additional tax in an amount equal to twenty per cent of the tax calculated under said subsection (a) for such income year, without reduction of the tax so calculated by the amount of any credit against such tax. The additional amount of tax determined under this subsection for any income year shall constitute a part of the tax imposed by the provisions of said subsection (a) and shall become due and be paid, collected and enforced as provided in this chapter.
(B) Any company whose gross income for the income year was less than one hundred million dollars shall not be subject to the additional tax imposed under subparagraph (A) of this subdivision. With respect to income years commencing on or after January 1, 2012, and prior to January 1, [2015] 2016, this exception shall not apply to companies filing a combined return for the income year under section 12-223a, as amended by public act 15-244 and this act, or a unitary return under subsection (d) of section 12-218d, as amended by public act 15-244 and this act. With respect to income years commencing on or after January 1, [2015] 2016, and prior to January 1, 2018, this exception shall not apply to taxable members of a combined group that files a combined unitary tax return.
(8) (A) With respect to [the income year] income years commencing on or after January 1, 2018, and prior to January 1, 2019, any company subject to the tax imposed in accordance with subsection (a) of this section shall pay, for such income year, except when the tax so calculated is equal to two hundred fifty dollars, an additional tax in an amount equal to ten per cent of the tax calculated under said subsection (a) for such income year, without reduction of the tax so calculated by the amount of any credit against such tax. The additional amount of tax determined under this subsection for any income year shall constitute a part of the tax imposed by the provisions of said subsection (a) and shall become due and be paid, collected and enforced as provided in this chapter.
(B) Any company whose gross income for the income year was less than one hundred million dollars shall not be subject to the additional tax imposed under subparagraph (A) of this subdivision. This exception shall not apply to taxable members of a combined group that files a combined unitary tax return.
Sec. 142. Subdivisions (7) and (8) of subsection (b) of section 12-219 of the general statutes, as amended by section 84 of public act 15-244, are repealed and the following is substituted in lieu thereof (Effective January 1, 2016, and applicable to income years commencing on or after said date):
(7) (A) With respect to income years commencing on or after January 1, 2012, and prior to January 1, 2018, the additional tax imposed on any company and calculated in accordance with subsection (a) of this section shall, for each such income year, except when the tax so calculated is equal to two hundred fifty dollars, be increased by adding thereto an amount equal to twenty per cent of the additional tax so calculated for such income year, without reduction of the tax so calculated by the amount of any credit against such tax. The increased amount of tax payable by any company under this section, as determined in accordance with this subsection, shall become due and be paid, collected and enforced as provided in this chapter.
(B) Any company whose gross income for the income year was less than one hundred million dollars shall not be subject to the additional tax imposed under subparagraph (A) of this subdivision. With respect to income years commencing on or after January 1, 2012, and prior to January 1, [2015] 2016, this exception shall not apply to companies filing a combined return for the income year under section 12-223a, as amended by public act 15-244 and this act, or a unitary return under subsection (d) of section 12-218d, as amended by public act 15-244 and this act. With respect to income years commencing on or after January 1, [2015] 2016, and prior to January 1, 2018, this exception shall not apply to taxable members of a combined group that files a combined unitary tax return.
(8) (A) With respect to [the income year] income years commencing on or after January 1, 2018, and prior to January 1, 2019, the additional tax imposed on any company and calculated in accordance with subsection (a) of this section shall, for such income year, except when the tax so calculated is equal to two hundred fifty dollars, be increased by adding thereto an amount equal to ten per cent of the additional tax so calculated for such income year, without reduction of the tax so calculated by the amount of any credit against such tax. The increased amount of tax payable by any company under this section, as determined in accordance with this subsection, shall become due and be paid, collected and enforced as provided in this chapter.
(B) Any company whose gross income for the income year was less than one hundred million dollars shall not be subject to the additional tax imposed under subparagraph (A) of this subdivision. This exception shall not apply to taxable members of a combined group that files a combined unitary tax return.
Sec. 143. Subsection (d) of section 139 of public act 15-244 is repealed and the following is substituted in lieu thereof (Effective January 1, 2016, and applicable to income years commencing on or after said date):
(d) After calculating its net income or loss apportioned to this state, pursuant to subsection (c) of this section, each taxable member of a combined group required to file a combined unitary tax return pursuant to section 12-222 of the general statutes, as amended by public act 15-244 and this act, may deduct a net operating loss from its net income apportioned to this state as follows:
(1) For income years beginning on or after January 1, [2015] 2016, if the computation of a combined group's net income results in a net operating loss, a taxable member of such group may carry over its net loss apportioned to this state, as calculated under subsection (c) of this section, derived from the unitary business in a future income year to the extent that the carryover and deduction is otherwise consistent with subparagraph (A) of subdivision (4) of subsection (a) of section 12-217 of the general statutes, as amended by [this act] public act 15-244. Any taxable member that has more than one operating loss carryover shall apply the carryovers in the order that the operating loss was incurred, with the oldest carryover to be deducted first.
(2) Where a taxable member of a combined group has an operating loss carryover derived from a loss incurred by a combined group in an income year beginning on or after January 1, [2015] 2016, then the taxable member may share the operating loss carryover with other taxable members of the combined group if such other taxable members were members of the combined group in the income year that the loss was incurred. Any amount of operating loss carryover that is deducted by another taxable member of the combined group shall reduce the amount of operating loss carryover that may be carried over by the taxable member that originally incurred the loss.
(3) Where a taxable member of a combined group has an operating loss carryover derived from a loss incurred in an income year beginning prior to January 1, [2015] 2016, or derived from an income year during which the taxable member was not a member of such combined group, the carryover shall remain available to be deducted by that taxable member or other group members that, in the year the loss was incurred, were part of the same combined group as such taxable member under section 12-223a of the general statutes, as amended by public act 15-244 and this act, or same unitary group as such taxable member under subsection (d) of section 12-218d of the general statutes, revision of 1958, revised to January 1, 2015. Such carryover shall not be deductible by any other members of the combined group.
Sec. 144. Subsection (j) of section 139 of public act 15-244 is repealed and the following is substituted in lieu thereof (Effective January 1, 2016, and applicable to income years commencing on or after said date):
(j) (1) Each taxable member of a combined group required to file a combined unitary tax return pursuant to section 12-222 of the general statutes, as amended by public act 15-244 and this act, shall separately apply the provisions of sections 12-217ee and 12-217zz of the general statutes, as amended by [this act] public act 15-244, in determining the amount of tax credit available to such member.
(2) If a taxable member of a combined group earns a tax credit in an income year beginning on or after January 1, [2015] 2016, then the taxable member may share the credit with other taxable members of the combined group. Any amount of credit that is utilized by another taxable member of the combined group shall reduce the amount of credit carryover that may be carried over by the taxable member that originally earned the credit. If a taxable member of a combined group has a tax credit carryover derived from an income year beginning on or after January 1, [2015] 2016, then the taxable member may share the carryover credit with other taxable members of the combined group, if such other taxable members were members of the combined group in the income year in which the credit was earned.
(3) If a taxable member of a combined group has a tax credit carryover derived from an income year beginning prior to January 1, [2015] 2016, or derived from an income year during which the taxable member was not a member of such combined group, the credit carryover shall remain available to be utilized by such taxable member or other group members which, in the year the credit was earned, were part of the same combined group as such taxable member under section 12-223a of the general statutes, as amended by public act 15-244 and this act, or the same unitary group as such taxable member under subsection (d) of section 12-218d of the general statutes, revision of 1958, revised to January 1, 2015.
(4) To the extent a taxable member has more than one corporation business tax credit that it may utilize in an income year, whether such credits were earned by said member or are available to said member in accordance with subdivisions (2) and (3) of this subsection, the credits shall be claimed in the same order as provided in section 12-217aa of the general statutes.
Sec. 145. Section 140 of public act 15-244 is repealed and the following is substituted in lieu thereof (Effective January 1, 2016, and applicable to income years commencing on or after said date):
(a) For purposes of this section, "affiliated group" means an affiliated group as defined in Section 1504 of the Internal Revenue Code, except such affiliated group shall include all domestic corporations that are commonly owned, directly or indirectly, by any member of such affiliated group, without regard to whether the affiliated group includes (1) corporations included in more than one federal consolidated return, (2) corporations engaged in one or more unitary businesses, or (3) corporations that are not engaged in a unitary business with any other member of the affiliated group. Such affiliated group shall also include any member of the combined group, determined on a world-wide basis, incorporated in a tax haven as determined by the commissioner in accordance with subdivision [(4)] (5) of subsection (b) of this section, unless it is proven to the satisfaction of the commissioner that such member is incorporated in a tax haven for a legitimate business purpose.
(b) The designated taxable member of a combined group may elect to have the combined group determined on a world-wide basis or an affiliated group basis. If no such election is made, the combined group shall be determined on a water's-edge basis and will include only taxable members and those nontaxable members described in any one or more of the categories set forth in subdivisions (1) to [(3)] (4), inclusive, of this subsection:
(1) Any member incorporated in the United States, or formed under the laws of the United States, any state, the District of Columbia, or any territory or possession of the United States, excluding such a member if eighty per cent or more of both its property and payroll during the income year are located outside the United States, the District of Columbia, and any territory or possession of the United States;
(2) Any member, wherever incorporated or formed, if twenty per cent or more of both its property and payroll during the income year are located in the United States, the District of Columbia, or any territory or possession of the United States; [or]
(3) Any member that earns more than twenty per cent of its gross income, directly or indirectly, from intangible property or service-related activities, the costs of which generally are deductible for federal income tax purposes, whether currently or over a period of time, against the income of other members of the group, but only to the extent of that income and the apportionment factors related thereto; or
[(3)] (4) Any member that is incorporated in a jurisdiction that is determined by the commissioner to be a tax haven as that term is defined in subdivision [(4)] (5) of this subsection, unless it is proven to the satisfaction of the commissioner that such member is incorporated in a tax haven for a legitimate business purpose.
[(4)] (5) For purposes of subsection (a) of this section and subdivision [(3)] (4) of this subsection, "tax haven" means a jurisdiction that (A) has laws or practices that prevent effective exchange of information for tax purposes with other governments on taxpayers benefiting from the tax regime; (B) has a tax regime which lacks transparency; (C) facilitates the establishment of foreign-owned entities without the need for a local substantive presence or prohibits these entities from having any commercial impact on the local economy; (D) explicitly or implicitly excludes the jurisdiction's resident taxpayers from taking advantage of the tax regime benefits or prohibits enterprises that benefit from the regime from operating in the jurisdiction's domestic market; or (E) has created a tax regime which is favorable for tax avoidance, based upon an overall assessment of relevant factors, including whether the jurisdiction has a significant untaxed offshore financial or services sector relative to its overall economy. Not later than September 30, [2015] 2016, the commissioner shall publish a list of jurisdictions that the commissioner determines to be tax havens. The list shall be applicable to income years commencing on or after January 1, [2015] 2016, and shall remain in effect until superseded by the publication of a revised list by the commissioner.
(c) A world-wide election or an affiliated group election is effective only if made on a timely-filed, original return for an income year by the designated taxable member of the combined group. Such election is binding for, and applicable to, the income year for which it is made and for the ten immediately succeeding income years.
(d) If the designated taxable member elects to determine the members of a combined group on an affiliated group basis, the taxable members shall take into account the net income or loss and apportionment factors of all of the members of its affiliated group, regardless of whether such members are engaged in a unitary business, that are subject to tax or would be subject to tax under chapter 208 of the general statutes, if doing business in this state.
Sec. 146. Section 141 of public act 15-244 is repealed and the following is substituted in lieu thereof (Effective January 1, 2016, and applicable to income years commencing on or after said date):
(a) For purposes of this section, "net deferred tax liability" means deferred tax liabilities that exceed the deferred tax assets of the combined group, as computed in accordance with generally accepted accounting principles, and "net deferred tax asset" means that deferred tax assets exceed the deferred tax liabilities of the [unitary] combined group, as computed in accordance with generally accepted accounting principles.
(b) Only publicly traded companies, including affiliated corporations participating in the filing of a publicly traded company's financial statements prepared in accordance with generally accepted accounting principles, as of the effective date of this section, shall be eligible for this deduction.
(c) If the provisions of sections 139 and 140 of public act 15-244, as amended by this act result in an aggregate increase to the members' net deferred tax liability or an aggregate decrease to the members' net deferred tax asset, or an aggregate change from a net deferred tax asset to a net deferred tax liability, the [unitary] combined group shall be entitled to a deduction, as determined in this section.
(d) For the seven-year period beginning with the [unitary] combined group's first income year that begins in 2018, a [unitary] combined group shall be entitled to a deduction from [unitary] combined group net income equal to one-seventh of the amount necessary to offset the increase in the net deferred tax liability or decrease in the net deferred tax asset, or the aggregate change thereof, [if the net income of the unitary group changes] from a net deferred tax asset to a net deferred tax liability, as computed in accordance with generally accepted accounting principles, that would result from the imposition of the unitary reporting requirements under sections 139 and 140 of public act 15-244, as amended by this act, but for the deduction provided under this section. Such increase in the net deferred tax liability or decrease in the net deferred tax asset or the aggregate change thereof shall be computed based on the change that would result from the imposition of the unitary reporting requirements under sections 139 and 140 of public act 15-244, as amended by this act, but for the deduction provided under this section as of the effective date of this section.
(e) The deduction calculated under this section shall not be reduced as a result of any events happening subsequent to such calculation, including, but not limited to, any disposition or abandonment of assets. Such deduction shall be calculated without regard to the federal tax effect and shall not alter the tax basis of any asset. If the deduction under this section is greater than [unitary] combined group net income, any excess deduction shall be carried forward and applied as a deduction to [unitary] combined group net income in future income years until fully utilized.
(f) Any combined group intending to claim a deduction under this section shall file a statement with the commissioner on or before July 1, [2016] 2017, specifying the total amount of the deduction which the combined group claims. The statement shall be made on such form and in such manner as prescribed by the commissioner and shall contain such information or calculations as the commissioner may specify. No deduction shall be allowed under this section for any income year except to the extent claimed on or before July 1, [2016] 2017, in the manner prescribed. Nothing in this subsection shall limit the authority of the commissioner to review or redetermine the proper amount of any deduction claimed, whether on the statement required under this subsection or on a tax return for any income year.
Sec. 147. Subsection (e) of section 12-217t of the general statutes, as amended by section 145 of public act 15-244, is repealed and the following is substituted in lieu thereof (Effective January 1, 2016, and applicable to income years commencing on or after said date):
(e) In the case of taxpayers filing a combined unitary tax return pursuant to section 12-222, as amended by public act 15-244 and this act, the credit provided by this section shall be allowed on a combined basis, such that the amount of personal property taxes paid by such taxpayers with respect to such equipment may be claimed as a tax credit against the combined unitary tax liability of such taxpayers as determined under this chapter. Credits available to taxpayers which are subject to tax under this chapter but not subject to tax under chapter 207, 208a, 209, 210, 211 or 212 or the tax imposed on health care centers under the provisions of section 12-202a shall be used prior to credits of companies included in such combined unitary tax return which are also subject to tax under said chapter 207, 208a, 209, 210, 211 or 212 or the tax imposed upon health centers pursuant to the provisions of section 12-202a.
Sec. 148. Subdivision (3) of subsection (d) of section 12-218d of the general statutes, as amended by section 152 of public act 15-244, is repealed and the following is substituted in lieu thereof (Effective January 1, 2016, and applicable to income years commencing on or after said date):
(3) The corporation elects, on forms authorized for such purpose by the commissioner, to calculate its tax on a unitary basis including all members of the unitary group provided there are substantial intercorporate business transactions among such included corporations. Such election to file on a unitary basis shall be irrevocable for and applicable for five successive income years, but shall not be applicable to income years commencing on or after January 1, [2015] 2016. Nothing in this subdivision shall be construed to limit or negate the commissioner's authority to otherwise enter into agreements and compromises otherwise allowed by law.
Sec. 149. Subdivision (1) of subsection (b) of section 12-219a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016, and applicable to income years commencing on or after said date):
(b) (1) Any company that is (A) a limited partner in a partnership, other than an investment partnership, that does business, owns or leases property or maintains an office within this state and (B) not otherwise carrying on or doing business in this state shall apportion the average value of its partnership interest within and without this state under the provisions of subsection (a) of this section, except that the numerator and the denominator of its apportionment fraction shall be its proportionate part of the partnership's apportionment factors. For purposes of this section, the partnership shall compute its apportionment fraction and the numerator and the denominator of its apportionment factors as if it were a company taxable both within and without this state. However, if the commissioner determines that the company and the partnership are, in substance, parts of a unitary business engaged in a single business enterprise, or, if the company is a member of a combined group that files a combined unitary tax return, the company shall be taxed in accordance with the provisions of subdivision (3) of this subsection and not in accordance with the provisions of this subdivision.
Sec. 150. Subdivision (2) of subsection (g) of section 12-222 of the general statutes, as amended by section 156 of public act 15-244, is repealed and the following is substituted in lieu thereof (Effective January 1, 2016, and applicable to income years commencing on or after said date):
(2) If a member of a combined group has a different income year than the group income year, such member with a different income year shall report amounts from its return for its income year that ends during the group income year, provided no such reporting of amounts shall be required of such member until its first income year beginning on or after January 1, [2015] 2016.
Sec. 151. Subsection (e) of section 12-223a of the general statutes, as amended by section 157 of public act 15-244, is repealed and the following is substituted in lieu thereof (Effective January 1, 2016, and applicable to income years commencing on or after said date):
(e) The provisions of this section shall not apply to income years commencing on or after January 1, [2015] 2016.
Sec. 152. Subsection (b) of section 12-223f of the general statutes, as amended by section 161 of public act 15-244, is repealed and the following is substituted in lieu thereof (Effective January 1, 2016, and applicable to income years commencing on or after said date):
(b) The provisions of this section shall not apply to income years commencing on or after January 1, [2015] 2016.
Sec. 153. Subsection (j) of section 12-242d of the general statutes, as amended by section 162 of public act 15-244, is repealed and the following is substituted in lieu thereof (Effective January 1, 2016, and applicable to income years commencing on or after said date):
(j) (1) The provisions of this section shall apply to taxable members of a combined group required to file a combined unitary tax return pursuant to section 12-222, as amended by public act 15-244 and this act. [, except as otherwise provided in subdivisions (3) and (4) of this subsection.]
(2) The designated taxable member of a combined group shall be responsible for paying estimated tax installments, at the times and in the amounts specified in this section, on behalf of the taxable members of the combined group and in the form and manner prescribed by the Commissioner of Revenue Services.
[(3) For combined groups whose 2015 group income year commences in January, February or March, the due date of the first required installment is extended to the due date of the second required installment. The due date for the first and second required installments of estimated tax for a combined group whose 2015 group income year commences in January or February shall be July 15, 2015, and the amount of the first and second required installments shall be seventy per cent of the required annual payment. The due date for the first and second required installments of estimated tax for a combined group whose 2015 group income year commences in March shall be August 15, 2015, and the amount of the first and second required installments shall be seventy per cent of the required annual payment.
(4) Notwithstanding the provisions of subsection (e) of this section, where the preceding income year, as the term is used in said subsection, is an income year commencing on or after January 1, 2014, but prior to January 1, 2015, the required annual payment of a combined group is the lesser of (A) ninety per cent of the tax shown on the combined unitary tax return for the group income year commencing on or after January 1, 2015, but prior to January 1, 2016, or, if no return is filed, ninety per cent of the tax for such year computed in accordance with section 139 of this act, or (B) (i) if such preceding income year was an income year of twelve months and if the taxable members filed separate returns for such preceding income year showing a liability for tax, the sum of one hundred per cent of the tax shown on each such return for such preceding income year of each such taxable member, without regard to any credit under chapter 208, or (ii) if the preceding income year was an income year of twelve months and if the taxable members filed a return pursuant to section 12-223a, as amended by this act, for such preceding income year showing a liability for tax, one hundred per cent of the tax shown on such return for such preceding income year, without regard to any credit under chapter 208.]
Sec. 154. Subdivision (1) of subsection (f) of section 38a-88a of the general statutes, as amended by sections 163 and 171 of public act 15-244, is repealed and the following is substituted in lieu thereof (Effective January 1, 2016, and applicable to income years commencing on or after said date):
(f) (1) The Commissioner of Revenue Services may treat one or more corporations that are properly included in a combined unitary tax return under section [12-223] 12-222, as amended by this act, as one taxpayer in determining whether the appropriate requirements under this section are met. Where corporations are treated as one taxpayer for purposes of this subsection, then the credit shall be allowed only against the amount of the combined unitary tax for all corporations properly included in a combined unitary tax return that, under the provisions of subdivision (2) of this subsection, is attributable to the corporations treated as one taxpayer.
Sec. 155. Subsection (b) of section 12-263m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(b) (1) There shall be paid to the Commissioner of Revenue Services by each dry cleaning establishment a surcharge of one per cent of its gross receipts at retail for any dry cleaning service performed on or after January 1, 1995. Each [such] dry cleaning establishment shall register with the Commissioner of Revenue Services on forms prescribed by [him.] the commissioner. Each dry cleaning establishment that is registered with the commissioner shall renew its registration with the commissioner on October 1, 2015, and annually thereafter, in such manner as the commissioner may prescribe. The commissioner shall send a nonrenewal notice by first class mail to each dry cleaning establishment that fails to renew its registration in accordance with the provisions of this subsection. No dry cleaning establishment may engage in or transact business as a dry cleaning establishment unless it is registered with the commissioner in accordance with the provisions of this subsection.
(2) (A) Any dry cleaning establishment that fails to register with the commissioner in accordance with the provisions of this subsection shall pay a penalty of one thousand dollars, which penalty shall not be subject to waiver.
(B) Any dry cleaning establishment that fails to renew its registration within forty-five days after a nonrenewal notice was sent pursuant to subdivision (1) of this subsection shall pay a penalty of two hundred dollars, which the commissioner may waive in the manner set forth in section 12-3a, when it is proven to the commissioner's satisfaction that the failure to register was due to reasonable cause and was not intentional or due to neglect. No penalty may be assessed under this subparagraph more than once during any registration period.
(3) Each [such] dry cleaning establishment shall submit a return quarterly to the Commissioner of Revenue Services, applicable with respect to the calendar quarter beginning January 1, 1995, and each calendar quarter thereafter, on or before the last day of the month immediately following the end of each such calendar quarter, on a form prescribed by the commissioner, together with payment of the quarterly surcharge determined and payable in accordance with the provisions of this section. Whenever such surcharge is not paid when due, a penalty of ten per cent of the amount due or fifty dollars, whichever is greater, shall be imposed, and such surcharge shall bear interest at the rate of one per cent per month or fraction thereof until the same is paid. The Commissioner of Revenue Services shall cause copies of a form prescribed for submitting returns as required under this section to be distributed to persons subject to the surcharge. Failure to receive such form shall not be construed to relieve anyone subject to the surcharge under this section from the obligations of submitting a return, together with payment of such surcharge within the time required. The provisions of sections 12-548 to 12-554, inclusive, and sections 12-555a and 12-555b shall apply to the provisions of this section in the same manner and with the same force and effect as if the language of said sections 12-548 to 12-554, inclusive, and sections 12-555a and 12-555b had been incorporated in full into this section and had expressly referred to the surcharge imposed under this section, except to the extent that any such provision is inconsistent with a provision of this section and except that the term "tax" shall be read as "dry cleaning establishment surcharge".
(4) Any moneys received by the state pursuant to this section shall be deposited into the account established pursuant to subsection (c) of this section.
Sec. 156. (Effective July 1, 2015) (a) The amounts appropriated from the GENERAL FUND to the following accounts in section 1 of public act 15-244, are reduced by the following amounts for the fiscal years indicated:
T1 |
2015-2016 |
2016-2017 | |
T2 |
DEPARTMENT OF SOCIAL SERVICES |
||
T3 |
Medicaid |
1,500,000 |
1,500,000 |
T4 |
|||
T5 |
RESERVE FOR SALARY ADJUSTMENTS |
||
T6 |
Reserve for Salary Adjustments |
13,000,000 |
(b) The following reductions from TOTAL - GENERAL FUND appropriations in section 1 of public act 15-244, are included for the fiscal years indicated:
T7 |
2015-2016 |
2016-2017 | |
T8 |
Targeted Savings |
-12,500,000 |
-12,500,000 |
(c) The NET – GENERAL FUND appropriations in section 1 of public act 15-244, are reduced by the following amounts for the fiscal years indicated:
T9 |
2015-2016 |
2016-2017 | |
T10 |
NET – GENERAL FUND |
-14,000,000 |
-27,000,000 |
Sec. 157. (Effective July 1, 2015) The Secretary of the Office of Policy and Management may make reductions in allotments in the following accounts of the GENERAL FUND in the following amounts for the fiscal years indicated in order to achieve targeted savings in each said fiscal year:
T11 |
2015-2016 |
2016-2017 | |
T12 |
LEGISLATIVE MANAGEMENT |
||
T13 |
Other Expenses |
255,127 |
276,683 |
T14 |
Equipment |
5,626 |
7,126 |
T15 |
Flag Restoration |
1,054 |
1,068 |
T16 |
Minor Capital Improvements |
5,700 |
3,375 |
T17 |
Interim Salary/Caucus Offices |
9,629 |
7,408 |
T18 |
Old State House |
8,545 |
8,843 |
T19 |
Interstate Conference Fund |
5,914 |
6,150 |
T20 |
New England Board of Higher Education |
2,696 |
2,777 |
T21 |
|||
T22 |
AUDITORS OF PUBLIC ACCOUNTS |
||
T23 |
Other Expenses |
6,001 |
6,074 |
T24 |
Equipment |
150 |
150 |
T25 |
|||
T26 |
COMMISSION ON AGING |
||
T27 |
Other Expenses |
573 |
573 |
T28 |
|||
T29 |
PERMANENT COMMISSION ON THE STATUS OF WOMEN |
||
T30 |
Other Expenses |
1,257 |
1,137 |
T31 |
Equipment |
15 |
15 |
T32 |
|||
T33 |
COMMISSION ON CHILDREN |
||
T34 |
Other Expenses |
1,513 |
1,513 |
T35 |
|||
T36 |
LATINO AND PUERTO RICAN AFFAIRS COMMISSION |
||
T37 |
Other Expenses |
409 |
409 |
T38 |
|||
T39 |
AFRICAN AMERICAN AFFAIRS COMMISSION |
||
T40 |
Other Expenses |
421 |
421 |
T41 |
|||
T42 |
ASIAN PACIFIC AMERICAN AFFAIRS COMMISSION |
||
T43 |
Other Expenses |
214 |
214 |
T44 |
|||
T45 |
GOVERNOR'S OFFICE |
||
T46 |
Other Expenses |
3,008 |
3,048 |
T47 |
New England Governors' Conference |
1,593 |
1,614 |
T48 |
National Governors' Association |
1,897 |
1,922 |
T49 |
|||
T50 |
SECRETARY OF THE STATE |
||
T51 |
Other Expenses |
27,307 |
27,641 |
T52 |
Commercial Recording Division |
84,880 |
85,302 |
T53 |
Board of Accountancy |
4,456 |
4,529 |
T54 |
|||
T55 |
LIEUTENANT GOVERNOR'S OFFICE |
||
T56 |
Other Expenses |
1,029 |
1,043 |
T57 |
|||
T58 |
STATE TREASURER |
||
T59 |
Other Expenses |
2,309 |
2,339 |
T60 |
|||
T61 |
STATE COMPTROLLER |
||
T62 |
Other Expenses |
87,020 |
77,694 |
T63 |
|||
T64 |
STATE COMPTROLLER - MISCELLANEOUS |
||
T65 |
Adjudicated Claims |
366,552 |
132,330 |
T66 |
|||
T67 |
DEPARTMENT OF REVENUE SERVICES |
||
T68 |
Other Expenses |
125,928 |
115,832 |
T69 |
|||
T70 |
OFFICE OF GOVERNMENTAL ACCOUNTABILITY |
||
T71 |
Other Expenses |
858 |
895 |
T72 |
Child Fatality Review Panel |
1,615 |
1,618 |
T73 |
Information Technology Initiatives |
473 |
473 |
T74 |
Elections Enforcement Commission |
54,363 |
55,131 |
T75 |
Office of State Ethics |
23,709 |
24,006 |
T76 |
Freedom of Information Commission |
25,894 |
26,031 |
T77 |
Contracting Standards Board |
4,715 |
4,543 |
T78 |
Judicial Review Council |
2,193 |
2,224 |
T79 |
Judicial Selection Commission |
1,396 |
1,399 |
T80 |
Office of the Child Advocate |
10,719 |
10,688 |
T81 |
Office of the Victim Advocate |
6,938 |
6,914 |
T82 |
Board of Firearms Permit Examiners |
1,919 |
1,926 |
T83 |
|||
T84 |
OFFICE OF POLICY AND MANAGEMENT |
||
T85 |
Other Expenses |
17,853 |
18,246 |
T86 |
Automated Budget System and Data Base Link |
699 |
708 |
T87 |
Justice Assistance Grants |
15,131 |
15,333 |
T88 |
Criminal Justice Information System |
14,760 | |
T89 |
|||
T90 |
DEPARTMENT OF VETERANS' AFFAIRS |
||
T91 |
Other Expenses |
75,890 |
75,890 |
T92 |
|||
T93 |
DEPARTMENT OF ADMINISTRATIVE SERVICES |
||
T94 |
Other Expenses |
490,769 |
492,115 |
T95 |
Management Services |
69,348 |
66,431 |
T96 |
Loss Control Risk Management |
1,722 |
1,722 |
T97 |
Employees' Review Board |
312 |
316 |
T98 |
Surety Bonds for State Officials and Employees |
2,127 |
1,104 |
T99 |
Refunds Of Collections |
385 |
385 |
T100 |
Rents and Moving |
77,274 | |
T101 |
W. C. Administrator |
75,000 |
75,000 |
T102 |
State Insurance and Risk Mgmt Operations |
205,245 |
209,935 |
T103 |
IT Services |
214,726 |
216,814 |
T104 |
|||
T105 |
WORKERS' COMPENSATION CLAIMS - ADMINISTRATIVE SERVICES |
||
T106 |
Workers' Compensation Claims |
129,931 |
129,931 |
T107 |
|||
T108 |
ATTORNEY GENERAL |
||
T109 |
Other Expenses |
15,935 |
16,183 |
T110 |
|||
T111 |
DIVISION OF CRIMINAL JUSTICE |
||
T112 |
Other Expenses |
38,420 |
38,420 |
T113 |
Witness Protection |
2,700 |
2,700 |
T114 |
Training And Education |
847 |
847 |
T115 |
Expert Witnesses |
4,950 |
4,950 |
T116 |
Medicaid Fraud Control |
19,851 |
19,876 |
T117 |
Criminal Justice Commission |
7 |
7 |
T118 |
|||
T119 |
DEPARTMENT OF EMERGENCY SERVICES AND PUBLIC PROTECTION |
||
T120 |
Other Expenses |
436,495 |
435,503 |
T121 |
Equipment |
1,409 |
1,409 |
T122 |
Fleet Purchase |
92,750 |
103,165 |
T123 |
Workers' Compensation Claims |
68,433 |
68,433 |
T124 |
|||
T125 |
MILITARY DEPARTMENT |
||
T126 |
Other Expenses |
38,927 |
39,050 |
T127 |
|||
T128 |
DEPARTMENT OF CONSUMER PROTECTION |
||
T129 |
Other Expenses |
20,193 |
21,960 |
T130 |
|||
T131 |
LABOR DEPARTMENT |
||
T132 |
Other Expenses |
19,028 |
16,928 |
T133 |
CETC Workforce |
10,304 |
10,608 |
T134 |
|||
T135 |
COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES |
||
T136 |
Other Expenses |
5,538 |
5,538 |
T137 |
Martin Luther King, Jr. Commission |
94 |
94 |
T138 |
|||
T139 |
PROTECTION AND ADVOCACY FOR PERSONS WITH DISABILITIES |
||
T140 |
Other Expenses |
2,919 |
2,919 |
T141 |
|||
T142 |
DEPARTMENT OF AGRICULTURE |
||
T143 |
Other Expenses |
11,746 |
11,746 |
T144 |
|||
T145 |
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION |
||
T146 |
Other Expenses |
44,999 |
44,999 |
T147 |
State Superfund Site Maintenance |
7,228 |
7,325 |
T148 |
Laboratory Fees |
2,275 |
2,305 |
T149 |
Dam Maintenance |
2,144 |
2,147 |
T150 |
Emergency Spill Response |
109,174 |
109,903 |
T151 |
Solid Waste Management |
50,770 |
51,721 |
T152 |
Underground Storage Tank |
15,604 |
15,718 |
T153 |
Clean Air |
66,826 |
68,156 |
T154 |
Interstate Environmental Commission |
731 |
731 |
T155 |
New England Interstate Water Pollution Commission |
432 |
432 |
T156 |
|||
T157 |
COUNCIL ON ENVIRONMENTAL QUALITY |
||
T158 |
Other Expenses |
26 |
26 |
T159 |
|||
T160 |
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT |
||
T161 |
Other Expenses |
16,080 |
15,780 |
T162 |
|||
T163 |
DEPARTMENT OF HOUSING |
||
T164 |
Elderly Rental Registry and Counselors |
17,942 |
17,942 |
T165 |
|||
T166 |
AGRICULTURAL EXPERIMENT STATION |
||
T167 |
Other Expenses |
17,010 |
17,010 |
T168 |
Equipment |
150 |
150 |
T169 |
|||
T170 |
DEPARTMENT OF PUBLIC HEALTH |
||
T171 |
Other Expenses |
107,442 |
112,176 |
T172 |
|||
T173 |
OFFICE OF THE CHIEF MEDICAL EXAMINER |
||
T174 |
Other Expenses |
20,102 |
20,102 |
T175 |
Equipment |
288 |
288 |
T176 |
Medicolegal Investigations |
385 |
390 |
T177 |
|||
T178 |
DEPARTMENT OF DEVELOPMENTAL SERVICES |
||
T179 |
Other Expenses |
309,291 |
313,415 |
T180 |
|||
T181 |
DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES |
||
T182 |
Other Expenses |
430,748 |
431,292 |
T183 |
Workers' Compensation Claims |
176,884 |
176,884 |
T184 |
|||
T185 |
PSYCHIATRIC SECURITY REVIEW BOARD |
||
T186 |
Other Expenses |
437 |
442 |
T187 |
|||
T188 |
DEPARTMENT OF SOCIAL SERVICES |
||
T189 |
Other Expenses |
2,226,527 |
2,334,290 |
T190 |
Refunds Of Collections |
1,659 |
1,687 |
T191 |
|||
T192 |
STATE DEPARTMENT ON AGING |
||
T193 |
Other Expenses |
3,289 |
3,333 |
T194 |
|||
T195 |
DEPARTMENT OF REHABILITATION SERVICES |
||
T196 |
Other Expenses |
23,643 |
23,643 |
T197 |
|||
T198 |
DEPARTMENT OF EDUCATION |
||
T199 |
Other Expenses |
58,892 |
58,742 |
T200 |
Development of Mastery Exams Grades 4, 6, and 8 |
227,236 |
234,153 |
T201 |
New or Replicated Schools |
5,085 |
6,300 |
T202 |
Talent Development |
139,532 |
139,645 |
T203 |
Common Core |
88,593 |
89,775 |
T204 |
Special Master |
22,258 |
15,155 |
T205 |
Health and Welfare Services Pupils Private Schools |
58,016 |
58,016 |
T206 |
|||
T207 |
OFFICE OF EARLY CHILDHOOD |
||
T208 |
Other Expenses |
5,249 |
5,249 |
T209 |
|||
T210 |
CONNECTICUT STATE LIBRARY |
||
T211 |
Other Expenses |
9,661 |
9,790 |
T212 |
|||
T213 |
OFFICE OF HIGHER EDUCATION |
||
T214 |
Other Expenses |
2,609 |
1,504 |
T215 |
|||
T216 |
UNIVERSITY OF CONNECTICUT |
||
T217 |
Workers' Compensation Claims |
46,380 |
46,380 |
T218 |
|||
T219 |
UNIVERSITY OF CONNECTICUT HEALTH CENTER |
||
T220 |
Workers' Compensation Claims |
105,240 |
105,240 |
T221 |
|||
T222 |
TEACHERS' RETIREMENT BOARD |
||
T223 |
Other Expenses |
7,990 |
8,097 |
T224 |
|||
T225 |
BOARD OF REGENTS FOR HIGHER EDUCATION |
||
T226 |
Workers' Compensation Claims |
58,161 |
58,161 |
T227 |
|||
T228 |
DEPARTMENT OF CORRECTION |
||
T229 |
Other Expenses |
1,166,052 |
1,146,498 |
T230 |
Workers' Compensation Claims |
385,574 |
385,574 |
T231 |
Inmate Medical Services |
1,376,135 |
1,393,161 |
T232 |
|||
T233 |
DEPARTMENT OF CHILDREN AND FAMILIES |
||
T234 |
Other Expenses |
530,757 |
513,624 |
T235 |
Workers' Compensation Claims |
158,100 |
158,100 |
T236 |
No Nexus Special Education |
29,000 |
30,249 |
T237 |
|||
T238 |
JUDICIAL DEPARTMENT |
||
T239 |
Other Expenses |
1,009,378 |
1,032,205 |
T240 |
Workers' Compensation Claims |
98,390 |
98,390 |
T241 |
|||
T242 |
PUBLIC DEFENDER SERVICES COMMISSION |
||
T243 |
Other Expenses |
22,377 |
22,377 |
T244 |
Training And Education |
1,950 |
1,950 |
T245 |
|||
T246 |
TOTAL - GENERAL FUND |
12,500,000 |
12,500,000 |
Sec. 158. Subsection (c) of section 4a-59 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) All open market orders or contracts shall be awarded to (1) the lowest responsible qualified bidder, the qualities of the articles to be supplied, their conformity with the specifications, their suitability to the requirements of the state government and the delivery terms being taken into consideration and, at the discretion of the Commissioner of Administrative Services, life-cycle costs and trade-in or resale value of the articles may be considered where it appears to be in the best interest of the state, (2) the highest scoring bidder in a multiple criteria bid, in accordance with the criteria set forth in the bid solicitation for the contract, or (3) the proposer whose proposal is deemed by the awarding authority to be the most advantageous to the state, in accordance with the criteria set forth in the request for proposals, including price and evaluation factors. Notwithstanding any provision of the general statutes to the contrary, each state agency awarding a contract through competitive negotiation shall include price as an explicit factor in the criteria in the request for proposals and for the contract award. In considering past performance of a bidder for the purpose of determining the "lowest responsible qualified bidder" or the "highest scoring bidder in a multiple criteria bid", the commissioner shall evaluate the skill, ability and integrity of the bidder in terms of the bidder's fulfillment of past contract obligations and the bidder's experience or lack of experience in delivering supplies, materials, equipment or contractual services of the size or amount for which bids have been solicited. In determining the lowest responsible qualified bidder for the purposes of this section, the commissioner may give a price preference of up to ten per cent for (A) the purchase of goods made with recycled materials or the purchase of recyclable or remanufactured products if the commissioner determines that such preference would promote recycling or remanufacturing. As used in this subsection, "recyclable" means able to be collected, separated or otherwise recovered from the solid waste stream for reuse, or for use in the manufacture or assembly of another package or product, by means of a recycling program which is reasonably available to at least seventy-five per cent of the state's population, "remanufactured" means restored to its original function and thereby diverted from the solid waste stream by retaining the bulk of components that have been used at least once and by replacing consumable components and "remanufacturing" means any process by which a product is remanufactured; (B) the purchase of motor vehicles powered by a clean alternative fuel; (C) the purchase of motor vehicles powered by fuel other than a clean alternative fuel and conversion equipment to convert such motor vehicles allowing the vehicles to be powered by either the exclusive use of clean alternative fuel or dual use of a clean alternative fuel and a fuel other than a clean alternative fuel. As used in this subsection, "clean alternative fuel" means natural gas, electricity, hydrogen or propane when used as a motor vehicle fuel; or (D) the purchase of goods or services from micro businesses. As used in this subsection, "micro business" means a business with gross revenues not exceeding three million dollars in the most recently completed fiscal year. All other factors being equal, preference shall be given to supplies, materials and equipment produced, assembled or manufactured in the state and services originating and provided in the state. [If] Except with regard to contracts that may be paid for with United States Department of Transportation funds, if any such bidder refuses to accept, within ten days, a contract awarded to such bidder, such contract may be awarded to the next lowest responsible qualified bidder or the next highest scoring bidder in a multiple criteria bid, whichever is applicable, and so on until such contract is awarded and accepted. [If] Except with regard to contracts that may be paid for with United States Department of Transportation funds, if any such proposer refuses to accept, within ten days, a contract awarded to such proposer, such contract shall be awarded to the next most advantageous proposer, and so on until the contract is awarded and accepted. There shall be a written evaluation made of each bid. This evaluation shall identify the vendors and their respective costs and prices, document the reason why any vendor is deemed to be nonresponsive and recommend a vendor for award. A contract valued at one million dollars or more shall be awarded to a bidder other than the lowest responsible qualified bidder or the highest scoring bidder in a multiple criteria bid, whichever is applicable, only with written approval signed by the Commissioner of Administrative Services and by the Comptroller. The commissioner shall post on the department's Internet web site all awards made pursuant to the provisions of this section.
Sec. 159. Subsections (a) to (c), inclusive, of section 13a-73 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
(a) "Real property", as used in this section, includes land and buildings and any estate, interest or right in land.
(b) The commissioner may take any land [he] the commissioner finds necessary for the layout, alteration, extension, widening, change of grade or other improvement of any state highway or for a highway maintenance storage area or garage and the owner of such land shall be paid by the state for all damages, and the state shall receive from such owner the amount or value of all benefits [,] resulting from such taking, layout, alteration, extension, widening, change of grade or other improvement. The use of any site acquired for highway maintenance storage area or garage purposes by condemnation shall conform to any zoning ordinance or development plan in effect for the area in which such site is located, provided the commissioner may be granted any variance or special exception as may be made pursuant to the zoning ordinances and regulations of the town in which any such site is to be acquired. The assessment of such damages and of such benefits shall be made by the commissioner and filed by [him] the commissioner with the clerk of the superior court for the judicial district in which the land affected is located. The commissioner shall give notice of such assessment to each person having an interest of record therein by mailing to each a copy of the same, postage prepaid, and, at any time after such assessment has been made by the commissioner, the physical construction of such layout, alteration, extension, widening, maintenance storage area or garage, change of grade or other improvement may be made. If notice cannot be given to any person entitled thereto because [his] such person's whereabouts or existence is unknown, notice may be given by publishing a notice at least twice in a newspaper published in the judicial district and having a daily or weekly circulation in the town in which the property affected is located. Any such published notice shall state that it is a notice to the last owner of record or [his] such owner's surviving spouse, heirs, administrators, assigns, representatives or creditors if he or she is deceased, and shall contain a brief description of the property taken. Notice shall also be given by mailing to each such person at his or her last-known address, by registered or certified mail, a copy of such notice. If, after a search of the land and probate records, the address of any interested party cannot be found, an affidavit stating such facts and reciting the steps taken to establish the address of any such person shall be filed with the clerk of the court and accepted in lieu of service of such notice by mailing the same to the last known address of such person. Upon filing an assessment with the clerk of the court, the commissioner shall forthwith sign and file for record with the town clerk of the town in which such real property is located a certificate setting forth the fact of such taking, a description of the real property so taken and the names and residences of the owners from whom it was taken. Upon the filing of such certificate, title to such real property in fee simple shall vest in the state of Connecticut, except that, if it is so specified in such certificate, a lesser estate, interest or right shall vest in the state. The commissioner shall permit the last owner of record of such real property upon which [a residence] an owner-occupied residence or owner-operated business is situated to remain in such residence or operate such business, rent free, for a period of [one hundred twenty] ninety days after the filing of such certificate.
(c) The commissioner may purchase any land and take a deed thereof in the name of the state when such land is needed in connection with the layout, construction, repair, reconstruction or maintenance of any state highway or bridge, and any land or buildings or both, necessary, in the commissioner's opinion, for the efficient accomplishment of the foregoing purpose, and may further, when the commissioner determines that it is in the best interests of the state, purchase, lease or otherwise arrange for the acquisition or exchange of land or buildings or both, [for use as a highway maintenance storage area or garage,] provided any purchase of such land or land and buildings in an amount in excess of the sum of one hundred thousand dollars shall be approved by a state referee. The commissioner, with the advice and consent of the Attorney General, may settle and compromise any claim by any person, firm or corporation claiming to be aggrieved by such layout, construction, reconstruction, repair or maintenance by the payment of money, the transfer of other land acquired for or in connection with highway purposes, or otherwise. The commissioner shall permit the last owner of record of such real property upon which an owner-occupied residence or owner-operated business is situated to remain in such residence or operate such business, rent free, for a period of ninety days from the filing of such deed.
Sec. 160. Subsection (b) of section 13a-80 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) The Department of Transportation shall obtain a full appraisal on excess property prior to its sale and shall hold a public bid or auction for all properties determined to be legal lots of record. If the department does not receive any bids at the initial public bid or auction, the department may continue to market the property and accept offers for sale or hold another bid or auction. Transfers to other state agencies and municipalities for purposes specified by the department shall be exempt from the appraisal requirement. The department shall offer parcels that are legal lots of record to other state agencies [, and to any municipality in which any such parcel is located, before holding] prior to a public bid or auction and shall offer parcels that are not legal lots of record to all abutting landowners in accordance with department regulations. If the sale or transfer of property pursuant to this section results in the existing property of an abutting landowner becoming a nonconforming use, pursuant to local zoning requirements, the commissioner may sell or transfer the property to such abutting landowner without public bid or auction. The department shall obtain a second appraisal if the value of such property is more than two hundred fifty thousand dollars and is to be sold to an abutting landowner or in accordance with the provisions of subsection (c) of this section. Any appraisals shall be obtained prior to the determination of a sale price of the excess property.
Sec. 161. Section 13a-95b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The Commissioner of Transportation may, as an alternative to using a design-bid-build contract, designate specific projects to be completed using a (1) construction-manager-at-risk contract with a guaranteed maximum price, or (2) design-build contract.
(b) If the commissioner designates a project to use a construction-manager-at-risk contract with a guaranteed maximum price, the commissioner may have the project designed by department personnel or enter into a [single] contract with an architect or engineer for the project design, [as well as a single] and may also enter into a contract with a construction-manager-at-risk contractor who will provide input during the design process and may be responsible for the construction of the project. [by selecting trade subcontractors using a low sealed bid process.] The commissioner may permit the contractor to self-perform a portion of the construction work if the commissioner determines that the construction manager general contractor can perform the work more cost-effectively than a subcontractor. All work not performed by the construction manager general contractor shall be performed by trade subcontractors selected by a process approved by the commissioner. The construction-manager-at-risk contract shall have an established guaranteed maximum price. In the event that a guaranteed maximum price cannot be agreed upon, the commissioner may elect to call for bids on the project as provided for pursuant to section 13a-95. The commissioner may select the architect, engineer or contractor from among the contractors selected and recommended by a selection panel. Any such contract for such project shall be based upon competitive proposals received by the commissioner, who shall give notice of the project, by advertising at least once, in a newspaper having a substantial circulation in the area in which the project is located, and may give notice on the Department of Administrative Services State Contracting Portal, or use other advertising methods likely to reach qualified construction manager general contractors. Award of any such contract shall be based upon the general conditions and staff costs plus qualitative criteria. The commissioner shall establish all criteria, requirements and conditions of such proposals and award and shall have sole responsibility for all other aspects of the project. Any contract shall clearly state the responsibilities of the contractor to deliver a completed and acceptable project on a date certain, the maximum cost of the project, and, if applicable, as a separate item, the cost of property acquisition.
(c) If the commissioner designates a project to use a design-build contract, the commissioner may enter into a single contract with the design-builder, who the commissioner may select from among the design-builders selected and recommended by a selection panel. The contract shall (1) include, but not be limited to, such project elements as site acquisition, permitting, engineering design and construction, and (2) be based on competitive proposals received by the commissioner, who shall give notice of the project and specifications for the project, by advertising, at least once, in a newspaper having a substantial circulation in the area in which the project is located, and, at the commissioner's discretion, on the Department of Administrative Services State Contracting Portal, and may use other advertising methods likely to reach qualified design-build contractors. Award of the design-build contract shall be based on a predetermined metric provided to proposers in advance of technical proposal development. This metric may be unique to each project, but shall consist of a combined score of qualifications and past performance of the proposer, technical merit of the proposal and cost. The commissioner shall establish a selection panel for each project to score the qualifications and past performance and technical portion of the proposal using the predefined scoring metric. The sealed cost portion of the proposal shall be opened in a public ceremony only after the qualifications and past performance and technical portions of the proposals have been scored. The commissioner shall determine all criteria, requirements and conditions for such proposals and award and shall have sole responsibility for all other aspects of the contract. Such contract shall state clearly the responsibilities of the design-builder to deliver a completed and acceptable project on a date certain, the maximum cost of the project, and, if applicable, as a separate item, the cost of property acquisition.
Sec. 162. Section 13a-95c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) For any contract entered into pursuant to section 13a-95b, as amended by this act, the Commissioner of Transportation shall: (1) Perform project development services. Such services may include, but need not be limited to, the size, type and desired design character of the project, performance specifications, quality of materials, equipment, workmanship, preliminary plans or any other information necessary for the department to issue a [bid package] request for proposals, and (2) perform oversight of projects and provide inspection services, which shall include, but need not be limited to, inspection of construction, surveying, testing, monitoring of environmental compliance, quality control inspection and quality assurance audits.
(b) (1) After the first two projects performed with contracts authorized pursuant to section 13a-95b, as amended by this act, the Commissioner of Transportation shall perform all development and inspection work, as described in subsection (a) of this section, using department employees. The commissioner may utilize consultants to perform the design of the project, if the commissioner determines, after conducting an assessment of project delivery schedule, staffing capacity and the technical expertise required, that the department lacks the capacity and technical expertise required to perform the design of a project designated to be constructed by a construction-manager-at-risk. For projects designated to be constructed using the design-build contracting method, the responsibility to perform detailed design work shall remain with the contractor. The Commissioner of Administrative Services shall place the positions required for this work on continuous recruitment pursuant to the provisions of section 5-216. In addition, employees may be appointed to durational positions to reduce the need for inspection or development work to be performed by consultants. Such employees may be appointed as engineers if they have met the education, knowledge and training requirements required by the Department of Administrative Services job classification to durational positions without examination to reduce the need for inspection or development work to be performed by consultants. Any contract entered into with a consultant for the initial project bid in accordance with section 13a-95b, as amended by this act, shall contain a provision that provides for training the employees of the Department of Transportation in the process for bidding and managing projects entered into in accordance with section 13a-95b, as amended by this act.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, there shall be a transition period during which the Commissioner of Transportation may authorize the continued use of consultants if necessary to complete contracts authorized pursuant to section 13a-95b, as amended by this act. During this period, the commissioner shall make all reasonable efforts to perform development and inspection work as described in subsection (a) of this section using, where such employees are available, department employees and reducing, and where possible eliminating, the dependency on outside consultants. The commissioner shall establish a program to train department employees to support alternative project delivery methods. Such training program may be provided in projects utilizing consultants, as provided for in this section. The commissioner shall report, on or before October first annually, to the Governor of the progress made in training employees in alternative project delivery methods, improving the diversity of technical expertise of employees and building internal project delivery capacity. The authority granted by this [subsection] subdivision to use consultants on contracts entered into pursuant to section 13a-95b, as amended by this act, shall be subject to a termination date which shall be [the earlier of (A) the date that the Governor transmits to the joint standing committee of the General Assembly having cognizance of matters relating to transportation a letter certifying] January 1, 2022, unless the Governor certifies that the use of consultants is [no longer] necessary to complete projects authorized pursuant to section 13a-95b, as amended by this act, which shall extend such termination date to a date not later than January 1, 2025. [or (B) January 1, 2019. This authority shall not continue beyond such termination date unless affirmatively reauthorized by the action of both houses of the General Assembly.]
Sec. 163. Section 13b-34 of the general statutes is amended by adding subsections (j) and (k) as follows (Effective from passage):
(NEW) (j) If the commissioner deems it to be in the best interest of the state, the commissioner may indemnify and hold harmless the Metro-North Commuter Railroad Company for claims brought by the National Railroad Passenger Corporation or other third parties against the Metro-North Commuter Railroad Company relative to the operation of M-8 rail cars on National Railroad Passenger Corporation property, provided such indemnification does not relieve the Metro-North Commuter Railroad Company from liability for its wilful or negligent acts or omissions.
(NEW) (k) The commissioner may indemnify and hold harmless any operator selected pursuant to section 13b-79u to operate on the New Haven-Hartford-Springfield rail line if the commissioner finds that (1) it is in the best interest of the state to do so, and (2) the National Rail Passenger Corporation requires such operator to indemnify and hold harmless said corporation.
Sec. 164. Section 13b-283 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Railroad companies shall keep in repair all structures under their tracks at any highway crossing. The state shall maintain and repair any structure (1) which spans a railroad and which supports a municipal road or (2) which spans any rail right-of-way which has been purchased by any state agency. The Commissioner of Transportation shall adopt regulations in accordance with the provisions of chapter 54, and may enter into an agreement with any municipality, as provided in subsection (f) of this section, establishing a method by which the cost of repairing and maintaining any structure provided for in subdivision (1) of this subsection shall be apportioned between the state and the municipality in which such structure is located. Any [town, city or borough] municipality may repair such structures over the tracks of a railroad company located within such [town, city or borough] municipality. For the purpose of obtaining liability insurance coverage insuring against any losses or injuries suffered during the performance of such repairs, such [town, city or borough] municipality may, in lieu of purchasing a separate policy of insurance naming such railroad company as an additional insured, purchase a rider to be attached to any existing insurance policy providing such liability coverage, naming such railroad company as an additional insured. The state shall maintain and repair the structures over any railroad on state-maintained highways constructed after January 1, 1955.
(b) The Commissioner of Transportation may expend up to the amount available annually from funds provided by specific appropriation from the Special Transportation Fund or other state funds in addition to any available federal funds to reconstruct, repair or replace with a new structure, together with the minimum approach work required for replacement, any existing structure carrying a town-maintained road or highway over a railroad when such structure is deemed critical from a traffic safety or load-carrying standpoint. The expense of any roadway construction on the approaches beyond what is required to build the new structure shall be paid by the [town] municipality, if the work is done by or approved by the [town] municipality.
(c) The Commissioner of Transportation may expend up to the amount made available from funds provided by specific appropriations from the Special Transportation Fund or other state funds in addition to any available federal funds to eliminate highway-railroad grade crossings by construction of grade separation structures and necessary approaches or by relocation of [town-maintained] roads or highways maintained by a municipality to provide access to existing grade separation structures.
(d) The Commissioner of Transportation, as [he] said commissioner deems necessary, may acquire land or rights of ingress to and egress from land abutting any project which he or she undertakes pursuant to this section in the same manner and with like powers as authorized and exercised by said commissioner in acquiring land for state highway purposes.
(e) The Commissioner of Transportation, as [he] said commissioner deems necessary, may issue an order to any utility, as defined in section 13a-98f, to readjust, relocate or remove its facility, at its own expense, from any structure or road abutting a structure in order to perform maintenance or repairs pursuant to this section and such utility shall readjust, relocate or remove its facility promptly in accordance with such order, except that the cost of readjusting, relocating, or removing any municipal utility shall be apportioned on the same basis as the cost of constructing such structure or road abutting such structure. The cost of readjusting, relocating or removing any public service facility which abuts or is within, on, over or under any state highway shall be apportioned in accordance with the provisions of section 13a-126.
(f) The Commissioner of Transportation may enter into an agreement with the authorized official or officials of a municipality for the maintenance and removal of snow and ice from a footpath or sidewalk on any structure provided for in subdivisions (1) and (2) of subsection (a) of this section.
Sec. 165. Section 14-66 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) (1) No person, firm or corporation shall engage in the business of operating a wrecker for the purpose of towing or transporting motor vehicles, including motor vehicles which are disabled, inoperative or wrecked or are being removed in accordance with the provisions of section 14-145, 14-150 or 14-307, unless such person, firm or corporation is a motor vehicle dealer or repairer licensed under the provisions of subpart (D) of this part. (2) The commissioner shall establish and publish a schedule of uniform rates and charges for the nonconsensual towing and transporting of motor vehicles and for the storage of motor vehicles which shall be just and reasonable. Upon petition of any person, firm or corporation licensed in accordance with the provisions of this section, but not more frequently than once every two years, the commissioner shall reconsider the established rates and charges and shall amend such rates and charges if the commissioner, after consideration of the factors stated in this subdivision, determines that such rates and charges are no longer just and reasonable. In establishing and amending such rates and charges, the commissioner may consider factors, including, but not limited to, the Consumer Price Index, rates set by other jurisdictions, charges for towing and transporting services provided pursuant to a contract with an automobile club or automobile association licensed under the provisions of section 14-67 and rates published in standard service manuals. The commissioner shall hold a public hearing for the purpose of obtaining additional information concerning such rates and charges. (3) With respect to the nonconsensual towing or transporting and the storage of motor vehicles, no such person, firm or corporation shall charge more than the rates and charges published by the commissioner. Any person aggrieved by any action of the commissioner under the provisions of this section may take an appeal therefrom in accordance with section 4-183, except venue for such appeal shall be in the judicial district of New Britain.
(b) The commissioner, or an inspector authorized by the commissioner, shall examine each wrecker, including its number, equipment and identification, and shall determine the mechanical condition of such wrecker and whether or not it is properly equipped to do the work intended. A wrecker shall be deemed properly equipped if there are two flashing yellow lights installed and mounted on such wrecker that (1) show in all directions at all times, and (2) indicate the full width of such wrecker. Such lights shall be mounted not less than eight feet above the road surface and as close to the back of the cab of such wrecker as practicable. Such lights shall be in operation when such wrecker is towing a vehicle and when such wrecker is at the scene of an accident or the location of a disabled motor vehicle. In addition, each wrecker shall be equipped with a spot light mounted so that its beam of light is directed toward the hoisting equipment in the rear of such wrecker. The hoisting equipment of each wrecker shall be of sufficient capacity to perform the service intended and shall be securely mounted to the frame of such vehicle. A fire extinguisher shall be carried at all times on each wrecker which shall be in proper working condition, mounted in a permanent bracket on each wrecker and have a minimum rating of eight bc. A set of three flares in operating condition shall be carried at all times on each wrecker and shall be used between the periods of one-half hour after sunset and one-half hour before sunrise when the wrecker is parked on a highway while making emergency repairs or preparing to pick up a disabled vehicle to remove it from a highway or adjoining property. No registrant or operator of any wrecker shall offer to give any gratuities or inducements of any kind to any police officer or other person in order to obtain towing business or recommendations for towing or storage of, or estimating repairs to, disabled vehicles. No licensee shall require the owner to sign a contract for the repair of such owner's damaged vehicle as part of the towing consideration or to sign an order for the repair of, or authorization for estimate until the tow job has been completed. No licensee shall tow a vehicle in such a negligent manner as to cause further damage to the vehicle being towed.
(c) Each wrecker used for towing or transporting motor vehicles shall be registered as a wrecker by the commissioner for a fee of one hundred twenty-five dollars. Each such registration shall be renewed biennially according to renewal schedules established by the commissioner so as to effect staggered renewal of all such registrations. If the adoption of a staggered system results in the expiration of any registration more or less than two years from its issuance, the commissioner may charge a prorated amount for such registration fee.
(d) An owner of a wrecker may apply to the commissioner for a general distinguishing number and number plate for the purpose of displaying such number plate on a motor vehicle temporarily in the custody of such owner and being towed or transported by such owner. The commissioner shall issue such number and number plate to an owner of a wrecker (1) who has complied with the requirements of this section, and (2) whose wrecker is equipped in accordance with subsection (b) of this section. The commissioner shall charge a fee to cover the cost of issuance and renewal of such number plates.
(e) With respect to the nonconsensual towing or transporting of a motor vehicle, no licensee may tow or transport a vehicle to the premises of any person, firm or corporation engaged in the storage of vehicles for compensation unless such person, firm or corporation adheres to the storage charges published by the commissioner.
(f) The provisions of this section shall not apply to any person, firm, corporation or association: (1) Towing or transporting a motor vehicle, provided such person, firm, corporation or association is licensed as a motor vehicle dealer pursuant to the provisions of subpart (D) of this part and does not offer direct towing or transporting to the public or engage in nonconsensual towing or transporting; (2) operating as an automobile club or automobile association licensed under section 14-67; (3) operating as a motor vehicle recycler licensed under section 14-67l or any contractor of such recycler, provided such recycler or its contractor does not offer towing or transporting to the public or engage in nonconsensual towing or transporting; (4) engaging in the business of repossession of motor vehicles for lending institutions, provided it does not offer direct towing or transporting unless licensed as a motor vehicle dealer under the provisions of subpart (D) of this part; (5) towing motor vehicles owned or leased by such person, firm, association or corporation; (6) towing or transporting motor vehicles for hire, with the appropriate operating authority, as defined in 49 CFR 390.5, as amended from time to time, provided such person, firm, corporation or association does not offer towing or transporting to the public or engage in nonconsensual towing or transporting; or (7) towing motor vehicles to or from an auction conducted by a dealer licensed pursuant to the provisions of subpart (D) of this part, provided such person, firm, corporation or association does not offer direct towing or transporting to the public or engage in nonconsensual towing or transporting.
(g) Any law enforcement officer or traffic authority, as defined in section 14-297, may determine that a vehicle blocking a travel lane on a limited access highway constitutes an emergency and a threat to public safety. Upon such determination, such law enforcement officer or traffic authority may direct the operator of a wrecker to remove such vehicle. Any such operator of a wrecker shall be held harmless from liability or causes of action for property damages incurred to such vehicle or to its contents or the surrounding area caused by such emergency removal, provided such removal measures are taken under the direction of such officer or authority and all reasonable care is taken by the operator of the wrecker to limit any further damage to such vehicle, such vehicle's contents or the surrounding area.
[(g)] (h) For the purposes of this section, "nonconsensual towing or transporting" means the towing or transporting of a motor vehicle in accordance with the provisions of section 14-145 or for which arrangements are made by order of a law enforcement officer or traffic authority, as defined in section 14-297.
[(h)] (i) Any person, firm, corporation or association that violates the provisions of this section shall, for a first offense, be deemed to have committed an infraction and for a second or subsequent offense, shall be guilty of a class D misdemeanor.
Sec. 166. (NEW) (Effective from passage) On or before January 1, 2017, the Commissioner of Transportation, in cooperation with the Commissioners of Emergency Services and Public Protection and Energy and Environmental Protection, shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to transportation, public safety and environment, on the development and implementation of an enhanced accident response plan. Such report shall include, but need not be limited to, a description of (1) existing programs and policies regarding the state's accident response plan, (2) ongoing steps being taken to implement such programs and policies throughout the state, (3) interagency initiatives to ensure a prompt, coordinated and efficient response to accidents or other traffic incidents, (4) outreach efforts to include in such programs and policies other individuals and groups critical to the state's plan for responding to accidents or traffic incidents, (5) any federal programs designed to improve accident or traffic incident response, including the availability of federal funding for implementation of such programs, and (6) the goals set for the coming year in improving the accident response plan.
Sec. 167. Section 15-13 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The Commissioner of Transportation shall license as many residents of this state and any other state as said commissioner deems necessary and finds qualified to act as pilots for one year in any of the ports and waters of this state including the Connecticut waters of Long Island Sound. A license shall be denied to any person holding a license or authority under the laws of any other state [which] that does not issue a license or authority to pilots licensed by the Connecticut Department of Transportation. Except as [hereinafter] provided in this section, no person shall be so licensed unless [he] such person possesses a federal masters license and has procured a federal first class pilot's license of unlimited tonnage issued by the United States Coast Guard covering the sections of the waters of this state for which application is being made to said commissioner. Each applicant for a license to act as a pilot for any port or waterway of the state, including the Connecticut waters of Long Island Sound, shall document that [he] such person has made the following passages on ocean-going vessels of not less than four thousand gross tons, through the port or waterway for which application is being made during the thirty-six months immediately preceding [his] such application: (1) Twelve round trips on American vessels under enrollment as pilot of record, on which the applicant is not a crew member; or (2) twenty-four round trips as observing pilot on foreign or registered vessels during which the applicant does the piloting work under the supervision and authority of a pilot licensed by this state, provided the applicant possesses a first class pilot's license issued by the United States Coast Guard for the port or waterway; or (3) any combination of the above requirements for trips, substituting two observer trips for each trip as pilot of record.
(b) An extension of route for waters of this state including the Connecticut waters of Long Island Sound, for which application is being made by a pilot currently licensed by the commissioner for eastern Long Island Sound and at least one of the ports of New London, New Haven or Bridgeport, shall be granted provided the applicant (1) has procured a federal first class pilot's license of unlimited tonnage issued by the United States Coast Guard covering the sections of the waters of this state including the Connecticut waters of Long Island Sound, for which application for an extension of route is being made, and (2) can document that, within the thirty-six months immediately preceding such application, the applicant has made six round trips through the port or waterway for which application is being made as observing pilot on vessels under enrollment or vessels under register subject to compulsory pilotage under sections 15-15 and 15-15c, during which the applicant does the piloting work under the supervision and authority of a pilot licensed by this state.
[(b)] (c) Each pilot shall, upon the granting of [his] a license, pay a fee of thirty dollars to said commissioner and shall give a bond of one thousand dollars to the [State] Treasurer and [his] the Treasurer's successors in office, with surety, to the acceptance of the commissioner, conditioned for the faithful performance of his or her duties as a pilot, upon which bond suit may be brought in the name of said Treasurer for the benefit of any person who may suffer loss or damage, by reason of the ignorance, neglect or misconduct of such pilot in the discharge of [his] such pilot's duties. The commissioner shall increase such fee by fifty per cent July 1, 1985, by an additional fifty per cent effective July 1, 1989, by an additional twenty-five per cent effective July 1, 1991, and by an additional twenty-five per cent effective July 1, 1993.
[(c)] (d) Each license shall expire on the last day of December following its issuance and may be renewed upon application and payment of the fee required by subsection [(b)] (c) of this section, renewal of the bond required under subsection [(b)] (c) of this section and proof of current federal licensure as required in subsection (a) of this section.
[(d)] (e) The Commissioner of Transportation shall keep a record of each license and, if requested, shall furnish a certificate of such license.
[(e)] (f) Said commissioner may suspend or revoke any pilot's license for (1) incompetence, (2) neglect of duty, (3) misconduct, or (4) using a vessel owned or operated by a person who has not obtained a certificate of compliance under the provisions of section 15-15e for the purpose of embarking or disembarking another vessel in open and unprotected waters. Any person aggrieved by the action of said commissioner under the provisions of this subsection may appeal therefrom in accordance with the provisions of section 4-183.
[(f)] (g) Any pilot who has been away from duty for a period of not less than six months, or who has not completed a passage through any port or waterway for which [he] such pilot is licensed during such period, shall be placed on inactive status. [Said] Such pilot shall complete at least one round trip over the port or waterway for which [he] such pilot is licensed before resuming his or her duties as a pilot. The refresher passages shall be made in the company of an active pilot licensed by the state. [Said] Such pilot, before resuming [his] pilotage duties, shall submit to the commissioner a list of completed refresher passages, including the name, gross tons and draft of each vessel involved, a description and date of each passage and the name of the attending pilot.
[(g)] (h) The commissioner may issue limited licenses pursuant to this section. Such licenses may be limited according to a pilot's qualifications for operating a vessel, which shall include, but not be limited to, the type, size, gross tonnage or draft of a vessel.
[(h)] (i) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this section.
Sec. 168. Subsection (d) of section 13b-59 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(d) "License, permit and fee revenues" means (1) all fees and other charges required by, or levied pursuant to sections 12-487, 13b-80, as amended by this act, and 13b-97, subsection (b) of section 14-12, sections 14-16a, 14-21c, 14-44h and 14-44i, subsection (v) of section 14-49, subsections (b) and (f) of section 14-50, subdivisions (7) to (9), inclusive, of subsection (a) of section 14-50a, sections 14-52, 14-58, 14-67l and 14-69, subsection (e) of section 14-73, sections 14-96q and 14-103a, subsection (a) of section 14-164a, subsection (a) of section 14-192, subsection (d) of section 14-270, sections 14-319 and 14-320 and sections 13b-410a to 13b-410c, inclusive; (2) all aeronautics, waterways, and other fees and charges required by, or levied pursuant to sections 13a-80, as amended by this act, and 13a-80a, subsection (b) of section 13b-42 and subsections [(b) and] (c) and (d) of section 15-13, as amended by this act; and (3) all motor vehicle related fines, penalties or other charges as defined in subsection (g) of this section;
Sec. 169. (Effective from passage) The Department of Transportation shall take all steps necessary to cover the deteriorated Amtrak overpass that is next to a bridge on the Hartford-New Britain busway project in the town of West Hartford. Such steps shall include, on the east side of the Amtrak overpass, design, construction and installation of an overhead sign that spans state Route 529, New Britain Avenue, and covers the Amtrak overpass.
Sec. 170. (NEW) (Effective October 1, 2015) The Department of Transportation shall continue planning efforts for improvements to the New Canaan, Norwalk, Danbury and Waterbury branch rail lines, including, but not limited to, upgrades and electrification of such rail lines. Not later than January 6, 2017, the department shall provide a report on the progress of such planning efforts to the joint standing committee of the General Assembly having cognizance of matters relating to transportation, and shall provide updates thereafter, as requested by said committee.
Sec. 171. (Effective from passage) (a) The Commissioner of Transportation shall conduct a study of options for operation of the state rail lines. Such study shall include: (1) Research of companies that operate rail lines, including Metro North Commuter Railroad, to ascertain, for each company, such company's (A) past experience in the field of rail line operation, (B) terms of the contracts under which such companies operate and mechanisms used to enforce such terms, (C) performance standards for quality of service and safety provided, and (D) experience in working with other stakeholders to respond promptly and effectively to concerns about the operation of a rail line; (2) outreach to the contracting agencies that employ such companies for their lessons learned, best practices and a summary of the structure and governance of the rail lines subject to these contracts; and (3) the feasibility of, legal and labor issues of, procurement models and schedules for, and costs involved in, a competitive procurement of one or more new contracts to operate the state rail lines. Such study shall be conducted in a manner so as not to interfere with any actual commuter rail service procurements the department is conducting or plans to conduct, including the Hartford line service provider procurement.
(b) Not later than January 1, 2017, the commissioner shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to transportation, on the results of the study required pursuant to subsection (a) of this section.
Sec. 172. (Effective from passage) Route 272 in Torrington from the intersection of Route 4 traveling in a northerly direction to the intersection of Hodges Hill Road shall be designated the "Richard W. Nardine Memorial Highway".
Sec. 173. (Effective from passage) Route 173 in Newington from the intersection of Richard Street traveling in a northerly direction to the intersection of Route 174 shall be designated the "Robert J. Seiler Memorial Highway".
Sec. 174. (Effective from passage) Route 106 in Wilton from the New Canaan-Wilton town line traveling in an easterly direction to the intersection of Route 53 shall be designated the "Air Force First Lieutenant Charles M. Baffo Memorial Highway".
Sec. 175. (Effective from passage) The access driveway to the Department of Transportation's Colchester Repair and Electrical Facility located at 80 New London Road shall be designated the "Lisa Maynard Memorial Access Road".
Sec. 176. (Effective from passage) Route 63 in Watertown from the intersection of Bunker Hill Road traveling in a northerly direction to the intersection of Route 6 shall be designated the "Guy E. Buzzannco Memorial Highway".
Sec. 177. (Effective from passage) Route 35, located in Ridgefield, running in a generally northerly direction from the intersection of Limestone Road to the intersection with Route 7 shall be designated the "Maurice Sendak Memorial Highway".
Sec. 178. (Effective from passage) Route 160 in Rocky Hill from the intersection of Route 3 traveling in an easterly direction to the intersection of Gilbert Avenue shall be designated the "James Vicino Memorial Highway".
Sec. 179. (Effective from passage) Route 127, East Main Street, in Bridgeport, from the intersection of Route 130 traveling in a northerly direction to the intersection of Route 1 shall be designated the "65th U.S. Infantry Regiment, 'The Borinqueneers' Memorial Highway".
Sec. 180. (Effective from passage) Route 196 from Route 66 to Main Street in the town of East Hampton shall be designated the "Russell Oakes Memorial Highway".
Sec. 181. (Effective from passage) Bridge number 00649 on Interstate 84 westbound overpassing Route 10 in Southington shall be designated the "Lieutenant Michael J. Shanley Memorial Bridge".
Sec. 182. (Effective from passage) Bridge number 05349 on Route 82 eastbound over the Yantic River in Norwich shall be designated the "Benjamin Demond Memorial Bridge".
Sec. 183. (Effective from passage) Bridge number 0429 on Route 4 in Farmington overpassing the Farmington River shall be designated the "Albert M. Glenn Memorial Bridge".
Sec. 184. (Effective from passage) Bridge number 00049 on Interstate 95 over Richards Avenue in the town of Norwalk shall be designated the "Army Specialist David R. Fahey, Jr. Memorial Bridge".
Sec. 185. (Effective from passage) Route 243 in Woodbridge shall be designated the "Joseph Anastasio Memorial Highway".
Sec. 186. (Effective from passage) Bridge number 00638 in Middletown shall be designated the "Major General Maurice Rose Memorial Bridge".
Sec. 187. (Effective from passage) Route 1 Mianus River Bridge between the Cos Cob and Riverside sections of Greenwich shall be designated the "Honorable David N. Theis Memorial Bridge".
Sec. 188. (Effective from passage) Route 138 in Lisbon shall be designated the "Aaron Dwight Stevens Memorial Highway".
Sec. 189. (Effective from passage) Bridge number 01752 on Interstate 84 westbound in the town of West Hartford shall be designated the "Lt. Col. George W. Tule Memorial Bridge".
Sec. 190. (Effective from passage) Route 194 in South Windsor, running in a generally northerly direction from U.S. Route 5 to Troy Road shall be designated the "Thomas F. Howe Memorial Highway".
Sec. 191. (Effective from passage) Route 10 in Cheshire running in a northerly direction from the entrance of Bartlem Park to the Cheshire Police Station shall be designated the "Medal of Honor Highway".
Sec. 192. (Effective from passage) Route 83 in Glastonbury, from the intersection of Howe Street travelling in a northerly direction to the Glastonbury-Manchester town line shall be designated the "Thomas P. Sheridan Memorial Highway".
Sec. 193. (Effective from passage) Bridge number 00488 on Route 66 in Windham shall be designated the "James Carey DeVivo Memorial Bridge".
Sec. 194. (Effective from passage) The Department of Transportation shall attach to existing signage at exit 21, eastbound and westbound, on Interstate 84 in Waterbury, or at another location in the vicinity, as determined by the department, indicating the location of a monument in honor of Father Michael J. McGivney.
Sec. 195. Section 21 of public act 11-256 is repealed and the following is substituted in lieu thereof (Effective from passage):
The portion of State Road 702 from Exit 13 of I-91 westerly to the junction of Route 5 in Wallingford shall be designated the ["Major Raoul Lufbery Highway"] "Major Gervais Raoul Lufbery Memorial Highway".
Sec. 196. Section 46 of public act 11-256 is repealed and the following is substituted in lieu thereof (Effective from passage):
[A portion of I-84] Bridge number 3372 A and B on Interstate 84 in Hartford shall be designated the ["Tuskegee Airmen Highway"] "Tuskegee Airmen Memorial Bridge".
Sec. 197. Section 44 of public act 13-277 is repealed and the following is substituted in lieu thereof (Effective from passage):
Bridge number 00648 on Interstate 84 eastbound in Southington overpassing Route 10 shall be designated the ["John A. Dolan Memorial Bridge"] "Trooper John A. Dolan Memorial Bridge".
Sec. 198. Subsection (a) of section 14-11b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) There shall be within the Department of Rehabilitation Services a unit for the purpose of evaluating and training persons with disabilities in the operation of motor vehicles. There shall be assigned to the driver training unit for persons with disabilities such staff as is necessary for the orderly administration of the driver training program for persons with disabilities. The personnel assigned to the driver training unit for persons with disabilities shall, while engaged in the evaluation or instruction of a person with disabilities, have the authority and immunities with respect to such activities as are granted under the general statutes to motor vehicle inspectors. The Commissioner of Motor Vehicles may permit a person whose license has been withdrawn as a result of a condition that makes such person eligible for evaluation and training under this section to operate a motor vehicle while accompanied by personnel assigned to the driver training unit for persons with disabilities. When a person with disabilities has successfully completed the driver training program for persons with disabilities, the [department] Department of Rehabilitation Services shall certify such completion in writing to the Commissioner of Motor Vehicles and shall recommend any license restrictions or limitations to be placed on the license of such person. The Commissioner of Motor Vehicles may accept such certification in lieu of the driving skills portion of the examination prescribed under subsection (e) of section 14-36. If such person with disabilities has met all other requirements for obtaining a license, the Commissioner of Motor Vehicles shall issue a license with such restrictions recommended by the [department] Department of Rehabilitation Services.
Sec. 199. Subsection (b) of section 14-15 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) Each person, firm or corporation licensed under the provisions of subsection (a) of this section that in the opinion of the commissioner is qualified and holds a current registration certificate for a motor vehicle used in connection with its business may issue a sixty-day temporary transfer of such registration to any other vehicle used in connection with its business. [with an official stamp issued by the commissioner to such licensee.] The licensee, within five days from the issuance of such temporary registration, shall submit to the commissioner an application together with all necessary documents for a permanent registration for the vehicle transferred. The commissioner shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this subsection.
Sec. 200. Section 14-36a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) A commercial driver's license issued in accordance with section 14-44c, as amended by this act, shall be designated as class A, B or C, in accordance with the provisions of subsection (b) of section 14-44d. All other operators' licenses shall be designated as class D. A license of any class that also authorizes the operation of a motorcycle shall contain the designation "M".
(b) [A commercial driver's license which contains the endorsement "S" evidences that the holder meets the requirements of section 14-44 to operate a school bus or any vehicle described in subsection (c) of this section.] A commercial driver's license may contain any of the following [additional] endorsements:
"P"- authorizes the operation of commercial motor vehicles designed to carry passengers;
"S"- in combination with "P", authorizes the operation of a school bus or any vehicle described in subsection (c) of this section;
"H"- authorizes the operation of vehicles transporting hazardous materials;
"N"- authorizes the operation of tank vehicles;
"X"- authorizes both hazardous materials and tank vehicles; and
"T"- authorizes the operation of vehicles with up to three trailing, nonpower units.
The commissioner may establish one or more restrictions on commercial driver's licenses of any class, in regulations adopted in accordance with the provisions of chapter 54. Subject to the provisions of subsection (b) of section 14-44d, a commercial driver's license of any class authorizes the holder of such license to operate any motor vehicle that may be operated by the holder of a class D operator's license.
(c) A commercial driver's license or a class D license that contains any of the following public passenger endorsements, as defined in section 14-1, evidences that the holder meets the requirements of section 14-44, as amended by this act:
"V"- authorizes the transportation of passengers in a student transportation vehicle, as defined in section 14-212, or any vehicle that requires an "A" or "F" endorsement;
"A"- authorizes the transportation of passengers in an activity vehicle, as defined in section 14-1, or any vehicle that requires an "F" endorsement; and
"F"- authorizes the transportation of passengers in a taxicab, motor vehicle in livery service, service bus or motor bus.
The commissioner may establish one or more endorsements or restrictions on class D licenses, in accordance with regulations adopted in accordance with the provisions of chapter 54.
(d) A license of any class that contains the designation "Q" indicates eligibility to operate fire apparatus. A "Q" endorsement shall signify that the holder has been trained to operate fire apparatus in accordance with standards established by the Commission on Fire Prevention and Control. No such endorsement shall be issued to any person until he or she demonstrates personally to the commissioner, or the commissioner's designee, including the Connecticut Fire Academy, any regional fire school or the chief local fire official of any municipality as defined in section 7-323j, by means of testing in a representative vehicle that such person possesses the skills necessary for operation of fire apparatus.
(e) No person shall operate a motor vehicle in violation of the classification of the license issued to such person.
(f) No employer shall knowingly require or permit an employee who is acting within the scope of such employee's employment to operate a motor vehicle in violation of the classification of such employee's license.
(g) (1) Any person who violates any provision of subsection (e) of this section shall, for a first offense, be deemed to have committed an infraction and be fined fifty dollars and, for a subsequent offense, be guilty of a class D misdemeanor.
(2) Any employer who violates subsection (f) of this section shall be subject to a civil penalty of not more than one thousand dollars for a first violation and not more than two thousand five hundred dollars for a second or subsequent violation.
(h) The revocation, suspension or withdrawal of, or refusal to issue or renew an "S" endorsement, or any endorsement described in subsection (c) of this section, shall prohibit the licensee from operating any public service passenger vehicle for which a public passenger endorsement is required under this section. During the period of such revocation, suspension or withdrawal of, or after a refusal to issue or renew an "S" endorsement, or any endorsement described in subsection (c) of this section, the commissioner shall not issue any other public passenger endorsement to such licensee.
Sec. 201. Section 14-36d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The commissioner may acquire, by lease or purchase, and install at offices of the Department of Motor Vehicles and at such other locations where operator's licenses are issued or renewed, such equipment as may be necessary to carry out the provisions of this chapter.
(b) The commissioner may provide for the renewal of any motor vehicle operator's license, commercial driver's license or identity card without personal appearance of the license or card holder, in circumstances where the holder is a member of the armed forces, is temporarily residing outside of this state for business or educational purposes, or in other circumstances where, in the judgment of the commissioner, such personal appearance would be impractical or pose a significant hardship. The commissioner shall decline to issue any such renewal without personal appearance if the commissioner is not satisfied as to the reasons why the applicant cannot personally appear, if the commissioner does not have the applicant's color photograph or digital image on file, if satisfactory evidence of the identity of the applicant has not been presented, or if the commissioner has reason to believe that the applicant is no longer a legal resident of this state.
(c) The commissioner may issue or renew any license, any instruction permit or an identity card issued or renewed pursuant to this title or section 1-1h by any method that the commissioner deems to be secure and efficient. If the commissioner determines that an applicant has met all conditions for such issuance or renewal, the commissioner may require that such license, instruction permit or identity card be produced at a centralized location and mailed to the applicant. The commissioner may issue a temporary license, instruction permit or identity card for use by the applicant for the period prior to the applicant's receipt of the permanent license, instruction permit or identity card. Such temporary license, instruction permit or identity card shall have an expiration date not later than thirty days after the date of issuance and shall remain valid until the earlier of such expiration date or the date the applicant receives such license, instruction permit or identity card.
[(c)] (d) The commissioner may adopt regulations to provide for the renewal of the motor vehicle operator's license, commercial driver's license or identity card of any person not identified in subsection (b) of this section by mail or by electronic communication with the Department of Motor Vehicles.
Sec. 202. Section 14-44 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) (1) No person shall operate a commercial motor vehicle used for passenger transportation on any public highway of this state until such person has obtained a commercial driver's license with a public passenger endorsement, as defined in section 14-1, from the Commissioner of Motor Vehicles, except a nonresident who holds such license with such endorsement issued by another state. (2) No person shall operate a school bus until such person has obtained a commercial driver's license with a school bus endorsement, except that a person who holds such a license without such endorsements may operate a school bus without passengers for the purpose of road testing or moving the vehicle. (3) No person shall operate a student transportation vehicle, as defined in section 14-212, taxicab, motor vehicle in livery service, motor bus or service bus until such person has obtained an operator's license of the proper classification bearing an appropriate public passenger endorsement from the Commissioner of Motor Vehicles, issued in accordance with the provisions of this section and section 14-36a, as amended by this act, except that a person who holds an operator's license without such endorsement may operate any such vehicle without passengers for the purpose of road testing or moving the vehicle.
(b) No operator's license bearing [an] a public passenger endorsement shall be issued or renewed in accordance with the provisions of this section or section 14-36a, as amended by this act, until the Commissioner of Motor Vehicles, or the commissioner's authorized representative, is satisfied that the applicant is a proper person to receive such an operator's license bearing an endorsement, holds a valid motor vehicle operator's license, or, if necessary for the class of vehicle operated, a commercial driver's license and is at least eighteen years of age. Each applicant for an operator's license bearing [an] a public passenger endorsement or the renewal of such a license shall furnish the Commissioner of Motor Vehicles, or the commissioner's authorized representative, with satisfactory evidence, under oath, to prove that such person has no criminal record and has not been convicted of a violation of subsection (a) of section 14-227a within five years of the date of application and that no reason exists for a refusal to grant or renew such an operator's license bearing [an] a public passenger endorsement. Each applicant for such an operator's license bearing [an] a public passenger endorsement shall submit with the application proof satisfactory to the Commissioner of Motor Vehicles that such applicant has passed a physical examination administered not more than ninety days prior to the date of application, and which is in compliance with safety regulations established from time to time by the United States Department of Transportation. Each applicant for renewal of such license shall present evidence that such applicant is in compliance with the medical qualifications established in 49 CFR 391, as amended, provided an applicant for a Class D operator's license bearing an endorsement described in subsection (c) of section 14-36a, as amended by this act, shall be deemed medically qualified if such applicant (1) controls with medication, as certified by a licensed physician, a medical condition that would otherwise deem such applicant not medically qualified, and (2) would qualify for a waiver or exemption under 49 CFR 391, as amended. Each applicant for such an operator's license bearing [an] a public passenger endorsement shall be fingerprinted before the license bearing [an] a public passenger endorsement is issued.
(c) The Commissioner of Motor Vehicles may issue, withhold, renew, suspend, cancel or revoke any public passenger endorsement required to operate a motor vehicle that transports passengers, as provided in subsection (c) of section 14-36a, as amended by this act. The Commissioner of Motor Vehicles may, in making his or her decision, consider the age, accident and criminal record, moral character and physical condition of any such applicant or public passenger endorsement holder and such other matters as the commissioner may determine. The Commissioner of Motor Vehicles may require any such applicant or public passenger endorsement holder to furnish the statements of two or more reputable citizens, which may be required to be under oath, vouching for the good character or other qualifications of the applicant or public passenger endorsement holder.
(d) Upon the arrest of any person who holds an operator's license bearing a public passenger endorsement, as defined in section 14-1, and who is charged with a felony or violation of section 53a-73a, the arresting officer or department, within forty-eight hours, shall cause a report of such arrest to be made to the Commissioner of Motor Vehicles. The report shall be made on a form approved by said commissioner containing such information as the commissioner prescribes. The Commissioner of Motor Vehicles may adopt regulations, in accordance with chapter 54, to implement the provisions of this subsection.
(e) Prior to issuing an operator's license bearing a school endorsement or bearing the appropriate type of public passenger endorsement for operation of a student transportation vehicle pursuant to subdivision (4) of subsection (a) of this section, the Commissioner of Motor Vehicles shall require each applicant to submit to state and national criminal history records checks, conducted in accordance with section 29-17a, and a check of the state child abuse and neglect registry established pursuant to section 17a-101k. The Commissioner of Emergency Services and Public Protection shall complete such state and national criminal history records checks required pursuant to this section within sixty days of receiving such a request for a check of such records. If notice of a state or national criminal history record is received, the Commissioner of Motor Vehicles may, subject to the provisions of section 46a-80, refuse to issue an operator's license bearing such public passenger endorsement and, in such case, shall immediately notify the applicant, in writing, of such refusal. If notification that the applicant is listed as a perpetrator of abuse on the state child abuse and neglect registry established pursuant to section 17a-101k is received, the Commissioner of Motor Vehicles may refuse to issue an operator's license bearing such [an] public passenger endorsement and, in such case, shall immediately notify the applicant, in writing, of such refusal. The Commissioner of Motor Vehicles shall not issue a temporary operator's license bearing a school endorsement or bearing the appropriate type of public passenger endorsement for operation of a student transportation vehicle.
(f) Notwithstanding any other provision of this section, the commissioner shall not issue an operator's license bearing [an] a public passenger endorsement to transport passengers who are students, and shall suspend any such public passenger endorsement that has been issued, to any person who has been convicted of a serious criminal offense, as determined by the Commissioner of Motor Vehicles, or convicted of any provision of federal law or the law of any other state, the violation of which involves conduct that is substantially similar to a violation determined by the Commissioner of Motor Vehicles to be a serious criminal offense, if any part of the sentence of such conviction has not been completed, or has been completed during the preceding five years. The Commissioner of Motor Vehicles shall adopt regulations, in accordance with chapter 54, to implement the provisions of this subsection.
(g) Any applicant who is refused an operator's license bearing [an] a public passenger endorsement or the renewal of such a license, or whose operator's license bearing [an] a public passenger endorsement or the renewal of such a license is withdrawn or revoked on account of a criminal record, shall be entitled to a hearing if requested in writing within twenty days. The hearing shall be conducted in accordance with the requirements of chapter 54 and the applicant may appeal from the final decision rendered therein in accordance with section 4-183.
(h) Notwithstanding the provisions of section 14-10, the commissioner shall furnish to any board of education or to any public or private organization that is actively engaged in providing public transportation, including the transportation of school children, a report containing the names and motor vehicle operator license numbers of each person who has been issued an operator's license with one or more public passenger endorsements, authorizing such person to transport passengers in accordance with the provisions of section 14-36a, as amended by this act, but whose license or any such public passenger endorsement has been withdrawn, suspended or revoked by the Commissioner of Motor Vehicles in accordance with the provisions of this section, or any other provision of this title. The report shall be issued and updated periodically in accordance with a schedule to be established by the Commissioner of Motor Vehicles. Such report may be transmitted or otherwise made available to authorized recipients by electronic means.
(i) Violation of any provision of this section shall be an infraction.
Sec. 203. Section 14-44c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The application for a commercial driver's license or commercial driver's instruction permit, shall include the following:
(1) The full name and current mailing and residence address of the person;
(2) A physical description of the person, including sex, height and eye color;
(3) Date of birth;
(4) The applicant's Social Security number;
(5) The person's statement, under oath, that [he] such person meets the requirements for qualification contained in 49 CFR 391, as amended, or does not expect to operate in interstate or foreign commerce;
(6) The person's statement, under oath, that the type of vehicle in which the person has taken or intends to take the driving skills test is representative of the type of motor vehicle the person operates or intends to operate;
(7) The person's statement, under oath, that [he] such person is not subject to disqualification, suspension, revocation or cancellation of operating privileges in any state, and that he or she does not hold an operator's license in any other state;
(8) The person's identification of all states in which such person has been licensed to drive any type of motor vehicle during the last ten years, and the person's statement, under oath that he or she does not hold an operator's license in any other state; and
(9) The person's signature, and certification of the accuracy and completeness of the application, subject to the penalties of false statement under section 53a-157b. The application shall be accompanied by the fee prescribed in section 14-44h.
(b) No person who has been a resident of this state for thirty days may drive a commercial motor vehicle under the authority of a commercial driver's license issued by another jurisdiction.
(c) At the time of application for a commercial driver's license, the applicant shall make the applicable certification, as required by 49 CFR 383.71(b), regarding the type of commerce in which such person shall engage. No commercial driver's license shall be issued to a person who fails to make such certification.
[(c)] (d) In addition to other penalties provided by law, any person who knowingly falsifies information or certifications required under subsection (a) of this section shall have [his] such person's operator's license or privilege to operate a motor vehicle in this state suspended for sixty days.
Sec. 204. Subsection (b) of section 14-44e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) The commissioner shall not issue a commercial driver's license or a commercial driver's instruction permit to any [person who has a physical or psychobehavioral impairment that affects such person's ability to operate a commercial motor vehicle safely. In determining whether to issue a commercial driver's license in any individual case, the commissioner shall apply the standards set forth in 49 CFR 391.41, as amended.] applicant who is not physically qualified and medically certified in accordance with the standards in 49 CFR 391.41. As required by 49 CFR 383.71(h), each applicant for a commercial driver's license or commercial driver's instruction permit shall provide to the commissioner a copy of a medical examiner's certificate, prepared by a medical examiner, as defined in 49 CFR 390.5, indicating that such applicant is medically certified to operate a commercial motor vehicle. For each applicant who has submitted such medical certification and who has also certified, in accordance with 49 CFR 383.71(b) and subsection (c) of section 14-44c, as amended by this act, that such applicant operates in nonexcepted interstate commerce, the commissioner shall post a medical certification status of "certified" on the Commercial Driver's License Information System driver record for such applicant. The holder of a commercial driver's license who has not been examined and certified as qualified to operate a commercial motor vehicle during the preceding twenty-four months, or a shorter period as indicated by the medical examiner submitting such certificate, shall be required to submit a new medical certificate. The commissioner shall not issue a commercial driver's license or commercial driver's instruction permit to any applicant or holder who fails to submit the medical certification required by this section. If the holder of a commercial driver's license or commercial driver's instruction permit fails to submit a new medical examiner's certificate before the expiration of twenty-four months or the period specified by the medical examiner, whichever is shorter, the commissioner shall, not later than sixty days after the date that such holder's medical status becomes uncertified: (1) Downgrade the commercial driver's license to a Class D operator's license; or (2) cancel the commercial driver's instruction permit. Any [person] applicant or holder who is denied a commercial driver's license or a commercial driver's instruction permit, or whose license or permit is disqualified, suspended, revoked or cancelled pursuant to this subsection shall be granted an opportunity for a hearing in accordance with the provisions of chapter 54.
Sec. 205. Subsection (h) of section 14-44e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(h) (1) The commissioner shall deny or disqualify for a period of sixty days a commercial driver's instruction permit or commercial driver's license if it is determined that an applicant or holder has provided false information on any certification the applicant or holder is required to give relative to such permit or license application.
(2) If an applicant or holder is suspected of fraud related to the issuance of a commercial driver's instruction permit or commercial driver's license, such applicant or holder shall be required to schedule the commercial driver's license knowledge test and driving skills test not later than thirty days after notification by the commissioner of the suspected fraud. Failure to schedule both such tests or failure to pass both such tests shall result in disqualification of such permit or license and the applicant or holder shall be required to reapply for the permit or license.
(3) Any applicant or holder convicted of fraud related to the issuance of a commercial driver's instruction permit or commercial driver's license shall have such applicant's or holder's permit or license disqualified for one year from the date of conviction and shall be required to retake such tests.
Sec. 206. Subsection (d) of section 14-44g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(d) Each person applying for the renewal of a commercial driver's license shall complete a renewal application form providing an update and, if necessary, corrections to the information required on the original application, pursuant to section 14-44c, as amended by this act. If an applicant for renewal wishes to retain a hazardous materials endorsement, he or she must pass the written test for such endorsement, and must meet the requirements of subsection (d) of section 14-44e. Upon renewal of a commercial driver's license, and at such other times as required in 49 CFR 383.71, the holder of a commercial driver's license shall make the applicable certification, as required by 49 CFR 383.71(b), regarding the type of commerce in which such holder is engaged. The commissioner shall refuse to renew the commercial driver's license of any holder who fails to make such certification, and shall downgrade the commercial driver's license to a Class D operator's license not later than sixty days after the failure of such holder to so certify.
Sec. 207. Section 14-46b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) There is established within the department a Motor Vehicle Operator's License Medical Advisory Board which shall advise the commissioner on the medical aspects and concerns of licensing operators of motor vehicles. The board shall consist of not less than eight members or more than fifteen members appointed by the commissioner from a list of nominees submitted by the Connecticut State Medical Society, [and] the Connecticut Association of Optometrists, and such other professional medical associations or organizations that have as members physician assistants or advanced practice registered nurses. The Connecticut State Medical Society and such other organizations shall submit nominees representing the specialties of (1) general medicine or surgery, (2) internal medicine, (3) cardiovascular medicine, (4) neurology or neurological surgery, (5) ophthalmology, (6) orthopedics, [and] (7) psychiatry, and (8) occupational medicine. The Connecticut Association of Optometrists shall submit nominees representing the specialty of optometry.
(b) Initially, three members shall be appointed for a two-year term, three members for a three-year term and the remainder of the members for a four-year term. Appointments thereafter shall be for four-year terms. Any vacancy shall be filled by the commissioner for the unexpired portion of a term. The commissioner shall designate the chairman of the board.
(c) Board members shall serve without compensation but shall be reimbursed for necessary expenses or services incurred in performing their duties, including the giving of testimony at any administrative hearing when requested by the commissioner. [Physicians] Medical professionals who are not members of the board and conduct examinations at the request of the board shall be compensated for these examinations.
(d) The board shall meet at the call of the commissioner at least [twice a year] annually. Special meetings may be held to fulfill the responsibilities specified in section 14-46c, as amended by this act.
(e) Any meeting of the board in which the medical condition of any individual is discussed for purposes of making a recommendation on his or her fitness to operate a motor vehicle shall be held in executive session.
(f) As used in this section and section 14-46c, as amended by this act, "medical professional" means a licensed physician, physician assistant, advanced practice registered nurse or optometrist.
Sec. 208. Section 14-46c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The board shall have the following responsibilities: (1) To advise the commissioner on health standards relating to the safe operation of motor vehicles; (2) to recommend to the commissioner procedures and guidelines for licensing individuals with impaired health; (3) to assist in developing medically acceptable standardized report forms; (4) to recommend a training course for motor vehicle examiners on the medical aspects of operator licensure; (5) to undertake any programs and activities the commissioner may request relating to the medical aspects of motor vehicle operator licensure; and (6) to make recommendations and offer advice on individual health problem cases referred by the commissioner not later than sixty days from the date of such reference and to establish guidelines for dealing with such individual cases. In making such recommendations, the board may rely on medical or optometric records and reports, personally interview such individual or require a physical examination of such individual and a written medical report by a [physician or a report by an optometrist] medical professional, as defined in section 14-46b, as amended by this act, designated by the board who shall not be a member of the board. Such individual may obtain a medical report by a [physician or a report by an optometrist of his choice, licensed to practice in this state] licensed medical professional of such individual's choice, which shall be given due consideration by the board in making any such recommendations.
Sec. 209. Section 14-46e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The commissioner shall give due consideration to any recommendations of the board and to any reports, records or opinions submitted pursuant to sections 14-46a to 14-46g, inclusive, but such recommendations, reports, records or opinions shall be merely advisory and not binding on the commissioner.
(b) The commissioner may authorize a person whose license is withdrawn under sections 14-46a to 14-46g, inclusive, to operate a motor vehicle on a limited basis provided the following conditions are met: (1) The commissioner, after a hearing held in accordance with chapter 54, determines that such person does not have a health problem that affects such person's ability to safely operate a motor vehicle and has ordered that such person submit to and pass a road skills test as a condition of license reinstatement; and (2) such operation occurs only while the person is under the instruction of and accompanied by a driving instructor licensed under section 14-73, or is in a vehicle with a motor vehicle testing agent who is administering a road skills test.
[(b)] (c) Any person who is the subject of any inquiry under sections 14-46a to 14-46g, inclusive, who refuses to submit to a physical examination or provide other information requested by the commissioner or board shall be considered unfit to operate a motor vehicle until he or she complies with such request.
Sec. 210. Subsection (a) of section 14-47 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The commissioner shall determine the gross weight of each motor vehicle which is eligible for commercial registration, including each tractor equipped with rubber tires and, for the purpose of computing fees, gross weight shall be the weight of the vehicle in pounds plus the rated load capacity in pounds as determined by the commissioner. [, provided, in the case of a tractor restricted for use with a trailer, registered as a heavy duty trailer, the fee shall be based on the gross weight of the tractor which shall be the light weight of such tractor; and said] The commissioner shall collect fees for registration based on such gross weight, as follows: When all surfaces in contact with the ground are equipped with pneumatic tires, the fee for such motor vehicle or tractor of gross weight not exceeding twenty thousand pounds shall be eleven dollars and sixty cents, for each one thousand pounds or fraction thereof; from twenty thousand one pounds up to and including thirty thousand pounds, fourteen dollars and twenty cents, for each one thousand pounds or fraction thereof; from thirty thousand one pounds up to and including seventy-three thousand pounds, seventeen dollars and seventy cents, for each one thousand pounds or fraction thereof; and seventy-three thousand one pounds or more, nineteen dollars and twenty cents, for each one thousand pounds or fraction thereof. In addition to any other fee required under this subsection, a fee of ten dollars shall be collected for the registration of each motor vehicle subject to this subsection.
Sec. 211. Subdivision (9) of subsection (a) of section 14-50a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(9) Certified transcripts of hearing held and transcribed by the commissioner, three dollars and fifty cents per page with a minimum charge of twenty dollars.
Sec. 212. Subdivision (5) of subsection (b) of section 14-52 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(5) The commissioner shall assess [a] an administrative fee of fifty dollars against any licensee for failing to [continuously maintain the bond requirements of this subsection] provide proof of bond renewal or replacement on or before the date of the expiration of the existing bond. Such fee shall be in addition to the license suspension or revocation penalties and the civil penalties to which the licensee is subject pursuant to section 14-64.
Sec. 213. Subsection (c) of section 14-58 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) Registration certificates issued under the provisions of this section shall not be required to be carried upon such motor vehicles when upon the public highways as required under subsection (a) of section 14-13, except that the licensee shall issue to each person driving such motor vehicle a document indicating that such person is validly entrusted with such vehicle which document shall be carried in the motor vehicle. The commissioner shall determine the form and contents of this document. Legible photostatic copies of such registration certificates may be carried in such vehicles as proof of ownership. The licensee shall furnish financial responsibility satisfactory to the commissioner as defined in section 14-112, as amended by this act, provided such financial responsibility shall not be required from a licensee when the commissioner finds that the licensee is of sufficient financial responsibility to meet such legal liability. The commissioner may issue such license upon presentation of evidence of such financial responsibility satisfactory to the commissioner. The commissioner shall assess [a] an administrative fee of fifty dollars against any licensee for failing to [continuously maintain the financial responsibility requirements of this subsection] provide proof of policy or bond renewal or replacement on or before the expiration date of the existing policy or bond. Such fee shall be in addition to the license suspension or revocation penalties and the civil penalties to which the licensee is subject pursuant to section 14-64.
Sec. 214. Subsection (a) of section 14-61 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Any dealer licensed under the provisions of this subpart who in the opinion of the commissioner is qualified and sells or trades a passenger motor vehicle, motorcycle, camper, camp trailer, commercial trailer, service bus, school bus or truck to a transferee who holds a current registration certificate for a passenger motor vehicle, motorcycle, camper, camp trailer, commercial trailer, service bus, school bus or truck registered in this state may issue a sixty-day temporary transfer of such registration to the vehicle transferred. [with an official stamp issued by the commissioner, under regulations adopted by the commissioner, to such dealer.] The commissioner shall charge such dealer a fee of ten dollars for each new temporary dealer transfer form furnished for the purposes of this section. No dealer may make such temporary transfer of a registration unless the transferee surrenders the current registration certificate to the dealer indicating the disposition of the vehicle described thereon in the space provided on the reverse side of such certificate and unless the transferee is eighteen years of age or older. The dealer shall, within five days from the issuance of such temporary registration, submit to the commissioner an application together with all necessary documents for a permanent registration for the vehicle transferred. No such temporary registration may be issued if (1) the transferred passenger motor vehicle, motorcycle, camper, camp trailer, commercial trailer, service bus, school bus or truck is used and was not previously registered in this state, unless the inspection requirements of section 14-12 have been met, (2) such motor vehicle is ten or more years old, unless the inspection requirements of section 14-16a have been met, or (3) such motor vehicle has been declared a total loss by an insurance company, unless the inspection requirements of section 14-103a have been met.
Sec. 215. Section 14-96p of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
[(a) (1) No person shall display upon any motor vehicle any light visible from the front thereof other than white, yellow or amber, or any light other than red, yellow, amber or white visible from the rear thereof, except a light used with any school bus, without a special permit from the commissioner, in accordance with the provisions of subsection (c) of section 14-96q. Notwithstanding this subsection, no permit shall be required for motor vehicles that are (A) equipped with lights in accordance with this section and section 14-96q, (B) owned or leased by the federal government, the state of Connecticut or a Connecticut municipality, (C) registered to such governmental entity, and (D) displaying government plates.
(2) Any vehicle accommodating fifteen or fewer students with disabilities may use a flashing red light or lights during the time such vehicle is stopped for the purpose of receiving or discharging such students with disabilities, any motor bus may carry a purple light or lights, any interstate public service vehicle may carry a green light or lights, any taxicab may carry a lunar white light or lights, and any interstate commercial motor vehicle may display green identification lights, in front thereof, as the commissioner may permit.
(3) A vehicle being operated by the chief executive officer of an emergency medical service organization, as defined in section 19a-175, the first or second deputies, or if there are no deputies, the first or second assistants, of such an organization that is a municipal or volunteer or licensed organization, an ambulance, as defined in section 19a-175, a vehicle being operated by a local fire marshal or a local director of emergency management may use a flashing red light or lights or flashing white head lamps and a flashing amber light while on the way to the scene of an emergency, except that an ambulance may use flashing lights of other colors specified by federal requirements for the manufacture of such vehicle. The chief executive officer of each such organization shall provide annually during the month of January, on forms provided by the commissioner, such officer's name and address and the registration number on the number plate or plates of the vehicle on which the authorized red light is or white head lamps and amber light are to be used. A vehicle being operated by a member of a volunteer fire department or company or a volunteer emergency medical technician may use flashing white head lamps, provided such member or emergency medical technician is on the way to the scene of a fire or medical emergency and has received written authorization from the chief law enforcement officer of the municipality to use such head lamps. Such head lamps shall only be used within the municipality granting such authorization or from a personal residence or place of employment, if located in an adjoining municipality. Such authorization may be revoked for use of such head lamps in violation of this subdivision.
(4) Flashing or revolving white lights may not be displayed upon a motor vehicle except (A) on fire emergency apparatus, (B) on motor vehicles of paid fire chiefs and their deputies and assistants, up to a total of five individuals per department, and may be displayed in combination with flashing or revolving red lights, (C) on motor vehicles of volunteer fire chiefs and their deputies and assistants, up to a total of five individuals per department, and may be displayed in combination with flashing or revolving red lights, (D) as a means of indicating a right or left turn, (E) in conjunction with flashing red lights on an ambulance responding to an emergency call, or (F) on the top rear of any school bus. For the purpose of this subsection, the term "students with disabilities" means students who have intellectual disability, autism spectrum disorder, mental disability, visual impairment, blindness, hearing impairment, deafness, speech impairment, orthopedic impairment, or another health-impairment, who by reason thereof, require special education and related services; and the term "flashing white lights" shall not include the simultaneous flashing of head lamps.
(b) A blue light may not be illuminated upon a motor vehicle, except that a vehicle being operated by an active member of a volunteer fire department or company or an active member of an organized civil preparedness auxiliary fire company who has been authorized in writing by the chief executive officer of such department or company may use such a light, including a flashing blue light, while on the way to the scene of a fire or other emergency requiring his or her services. Such authorization may be revoked by such officer or his or her successor. The chief executive officer of each volunteer fire department or company or organized civil preparedness auxiliary fire company shall certify annually during the month of January, on forms provided by the commissioner, the names and addresses of members whom he or she has authorized to use a blue light as provided in this subsection. Such listing shall also designate the registration number on the number plate or plates of the vehicle on which the authorized blue light is to be used.
(c) A flashing green light may not be used upon a motor vehicle, except that a vehicle being operated by an active member of a volunteer ambulance association or company who has been authorized in writing by the chief executive officer of such association or company may use such a light while on the way to the scene of an emergency requiring his or her services. Such authorization may be revoked by such officer or his or her successor. The chief executive officer of each volunteer ambulance association or company shall certify annually during the month of January, on forms provided by the commissioner, the names and addresses of members whom he or she has authorized to use a green light as provided in this subsection. Such listing shall also designate the registration number on the number plate or plates of the vehicle on which the authorized green light is to be used.
(d) Use of lights except as authorized by this section shall be an infraction.]
(a) Except as provided in section 14-96q, as amended by this act, no person shall display upon any motor vehicle or equipment: (1) Any light visible from the front of such motor vehicle or equipment other than white, yellow or amber; (2) any light visible from the rear of such motor vehicle or equipment other than red, yellow, amber or white; or (3) any red light visible from directly in front of the center of such motor vehicle or equipment. Notwithstanding the provisions of this subsection, a taxicab shall display the dome light or lights required by regulations that have been adopted by the Commissioner of Transportation under the authority of section 13b-96.
(b) Except as provided in section 14-96q, as amended by this act, flashing lights are prohibited on motor vehicles, except: (1) Red and yellow lights when used for the purpose of receiving or discharging students on school buses; (2) white lights that are located on the top rear of school buses; (3) when such lights are used as a means for indicating a right or left turn; or (4) when such lights are used in any manner to indicate (A) a disabled vehicle that is stopped in a hazardous location on the highway, or in close proximity thereto, (B) a motor vehicle that is unable to maintain the minimum speed of forty miles per hour on a limited access divided highway because of the grade of such highway, (C) a motor vehicle that is operating at such slow speed as to obstruct or endanger following traffic on any highway, or (D) a student transportation vehicle, as defined in section 14-212, accommodating fifteen or fewer students with disabilities that is receiving or discharging such students. For the purpose of this subsection, the term "students with disabilities" means students who have intellectual disability, autism spectrum disorder, mental disability, visual impairment, blindness, hearing impairment, deafness, speech impairment, orthopedic impairment or another health impairment who, by reason thereof, require special education and related services.
(c) Any lighted lamp or illuminating device upon a motor vehicle, other than head lamps, spot lamps or auxiliary driving lamps, that projects a beam of light of an intensity greater than three hundred candle power shall be so directed that no part of the beam strikes the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet from the vehicle.
(d) Use of lights except as authorized by this section shall be an infraction.
Sec. 216. Section 14-96q of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
[(a) Any lighted lamp or illuminating device upon a motor vehicle, other than head lamps, spot lamps or auxiliary driving lamps, which projects a beam of light of an intensity greater than three hundred candle power shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet from the vehicle.
(b) No person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red light visible from directly in front of the center thereof. The provisions of this subsection and subsection (c) shall not apply to authorized emergency and maintenance vehicles.
(c) Flashing lights are prohibited on motor vehicles other than school buses, except (1) as a means for indicating a right or left turn, (2) flashing blue lights used by members of volunteer or civil preparedness fire companies, as provided by subsection (b) of section 14-96p, (3) on certain emergency and maintenance vehicles by special permit from the commissioner, (4) flashing or revolving yellow lights on (A) wreckers registered pursuant to section 14-66, or (B) vehicles of carriers in rural mail-delivery service or vehicles transporting or escorting any vehicle or load or combinations of vehicles or vehicles and load which is or are either oversize or overweight, or both, and operated or traveling under a permit issued by the Commissioner of Transportation pursuant to section 14-270, (5) flashing red lights (A) on a motor vehicle accommodating fifteen or fewer handicapped students used only during the time such vehicle is stopped for the purpose of receiving or discharging such handicapped students, (B) used by members of the fire police on a stationary vehicle as a warning signal during traffic directing operations at the scene of a fire, (C) on rescue vehicles, (D) used by chief executive officers of emergency medical service organizations as provided in subsection (a) of section 14-96p, (E) ambulances, as defined in section 19a-175, or (F) used by local fire marshals or directors of emergency management, (6) flashing green lights used by members of volunteer ambulance associations or companies as provided in subsection (c) of section 14-96p, or (7) flashing white lights or flashing lights of other colors specified by federal requirements for the manufacture of an ambulance used in conjunction with flashing red lights or flashing head lamps and a flashing amber light on an ambulance responding to an emergency call. The prohibitions in this section shall not prevent the operator of a motor vehicle who while traveling on a limited access divided highway, because of the grade, is unable to maintain the minimum speed of forty miles per hour, or who while traveling on any other highway is operating such motor vehicle at such slow speed as to obstruct or endanger following traffic, or the operator of a disabled vehicle stopped on a hazardous location on the highway, or in close proximity thereto, from flashing lights, installed on the vehicle primarily for other purposes, in any manner that the operator selects so as to indicate that such vehicle is traveling slowly, obstructing traffic or is disabled and is a hazard to be avoided. The commissioner is authorized, at such commissioner's discretion, to issue special permits for the use of flashing or revolving lights on emergency vehicles, on escort vehicles, on maintenance vehicles and on other vehicles that display lights for which a permit is required, in accordance with the provisions of subsection (a) of section 14-96p, provided any person, firm or corporation other than the state or any metropolitan district, town, city or borough shall pay an annual permit fee for each such vehicle, provided vehicles not registered in this state used for transporting or escorting any vehicle or load or combinations of vehicles or vehicles and load which is or are either oversize or overweight, or both, when operating under a permit issued by the Commissioner of Transportation pursuant to section 14-270, shall not require such permit. Such annual permit fee shall be twenty dollars. If the commissioner issues a special permit to any ambulance, such permit shall be issued at the time of registration and of each renewal of registration.
(d) Use of lamps and flashing lights except as authorized by this section shall be an infraction.]
(a) A permit is required for the use of colored or flashing lights on all motor vehicles or equipment specified in this section except: (1) Motor vehicles not registered in this state used for transporting or escorting any vehicle or load, or combinations thereof, which is either oversize or overweight, or both, when operating under a permit issued by the Commissioner of Transportation pursuant to section 14-270; or (2) motor vehicles or equipment that are (A) equipped with lights in accordance with this section, (B) owned or leased by the federal government, the state of Connecticut, or any other state, commonwealth or local municipality, and (C) registered to such governmental entity. When used in this section the term "flashing" shall be considered to include the term "revolving".
(b) The Commissioner of Motor Vehicles, or such other person specifically identified in this section, is authorized to issue permits for the use of colored or flashing lights on vehicles in accordance with this section, at the commissioner's or such person's discretion. Any person, firm or corporation other than the state or any metropolitan district, town, city or borough shall pay an annual permit fee of twenty dollars to the commissioner for each such vehicle. Such fee shall apply only to permits issued by the commissioner.
(c) A blue light or lights, including flashing blue lights, may be used on a motor vehicle operated by an active member of a volunteer fire department or company or an active member of an organized civil preparedness auxiliary fire company who has been issued a permit by the chief executive officer of such department or company to use such a light while on the way to or at the scene of a fire or other emergency requiring such member's services. Such permit shall be on a form provided by the commissioner and may be revoked by such chief executive officer or successor. The chief executive officer of each volunteer fire department or company or organized civil preparedness auxiliary fire company shall keep on file the forms provided by the commissioner, the names and addresses of members who have been authorized to use flashing blue lights as provided in this subsection. Such listing shall also designate the registration number of the motor vehicle on which authorized flashing blue lights are to be used.
(d) A green light or lights, including flashing green lights, may be used on a motor vehicle operated by an active member of a volunteer ambulance association or company who has been issued a permit by the chief executive officer of such association or company to use such a light, while on the way to or at the scene of an emergency requiring such member's services. Such permit shall be on a form provided by the commissioner and may be revoked by such chief executive officer or successor. The chief executive officer of each volunteer ambulance association or company shall keep on file on forms provided by the commissioner, the names and addresses of members who have been authorized to use flashing green lights as provided in this subsection. Such listing shall also designate the registration number of the vehicle on which the authorized flashing green lights are to be used.
(e) The commissioner may issue a permit for a red light or lights, including flashing red lights, which may be used on a motor vehicle or equipment (1) used by paid fire chiefs and their deputies and assistants, up to a total of five individuals per department, (2) used by volunteer fire chiefs and their deputies and assistants, up to a total of five individuals per department, (3) used by members of the fire police on a stationary vehicle as a warning signal during traffic directing operations at the scene of a fire or emergency, (4) used by chief executive officers of emergency medical service organizations, as defined in section 19a-175, the first or second deputies, or if there are no deputies, the first or second assistants, of such an organization that is a municipal or volunteer or licensed organization, (5) used by local fire marshals, or (6) used by directors of emergency management.
(f) The commissioner may issue a permit for a yellow or amber light or lights, including flashing yellow or amber lights, which may be used on motor vehicles or equipment that are (1) specified in subsection (e) of this section, (2) maintenance vehicles as defined in section 14-1, or (3) vehicles transporting or escorting any vehicle or load or combinations thereof, which is or are either oversize or overweight, or both, and being operated or traveling under a permit issued by the Commissioner of Transportation pursuant to section 14-270. A yellow or amber light or lights, including flashing yellow or amber lights, may be used without obtaining a permit from the Commissioner of Motor Vehicles on wreckers registered pursuant to section 14-66, or on vehicles of carriers in rural mail delivery service.
(g) The Commissioner of Motor Vehicles may issue a permit for a white light or lights, including flashing white lights, which may be used on a motor vehicle or equipment as specified in subdivision (1), (2), (4), (5) or (6) of subsection (e) of this section. A vehicle being operated by a member of a volunteer fire department or company or a volunteer emergency medical technician may use flashing white head lamps, provided such member or emergency medical technician is on the way to the scene of a fire or medical emergency and has received written authorization from the chief law enforcement officer of the municipality to use such head lamps. Such head lamps shall only be used within the municipality granting such authorization or from a personal residence or place of employment, if located in an adjoining municipality. Such authorization may be revoked for use of such head lamps in violation of this subdivision. For the purposes of this subsection, the term "flashing white lights" shall not include the simultaneous flashing of head lamps.
(h) The commissioner may issue a permit for emergency vehicles, as defined in subsection (a) of section 14-283, to use a blue, red, yellow, or white light or lights, including flashing lights or any combination thereof.
(i) The commissioner may issue a permit for ambulances, as defined in section 19a-175, which may, in addition to the flashing lights allowed in subsection (h) of this section, use flashing lights of other colors specified by federal requirements for the manufacture of an ambulance. If the commissioner issues a permit for any ambulance, such permit shall be issued at the time of registration and upon each renewal of such registration.
(j) Use of colored and flashing lights except as authorized by this section shall be an infraction.
Sec. 217. Subsection (f) of section 14-112 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(f) Any operator or any registrant whose operator's license or certificate of registration has been suspended as herein provided or whose policy of liability insurance or surety bond has been cancelled or who fails to furnish additional evidence of financial responsibility upon request of the commissioner, shall immediately return to the commissioner [his operator's license or] such operator's certificate of registration and the number plate or plates issued thereunder. [If any person fails to return to the commissioner the operator's license or certificate of registration and the number plate or plates issued thereunder as provided herein, the commissioner shall forthwith direct any motor vehicle inspector, state policeman or other police officer to secure possession thereof and to return the same to the office of the commissioner.] Failure to return such [operator's license or such] certificate and such number plate or plates shall be an infraction.
Sec. 218. Section 14-178 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the first lienholder or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the commissioner, shall promptly make application for and may obtain a replacement upon furnishing information, including personal identification acceptable and satisfactory to the commissioner. The replacement certificate of title shall contain the legend "This is a replacement [certificate] title and may be subject to the rights of a person under the original certificate." Except as provided in subsection (b) of section 14-175, the commissioner shall present or mail the replacement certificate to the first lienholder named in the replacement certificate or, if none, to the owner.
[(b) The commissioner shall not issue a new certificate of title to a transferee upon application made on a replacement until fifteen days after receipt of the application.]
[(c)] (b) A person recovering an original certificate of title for which a replacement has been issued shall promptly surrender the original certificate to the commissioner.
Sec. 219. Section 14-293b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) [The Commissioner of Motor Vehicles shall adopt regulations in accordance with the provisions of chapter 54 specifying the responsibilities of an operator of a vehicle when] When an operator of a motor vehicle is approaching a person riding a horse on a public highway, [which responsibilities shall include, but not be limited to, the obligation to] such operator shall reduce speed appropriately or [to] stop, if necessary, to avoid endangering the equestrian or frightening or striking the horse.
(b) No operator of a motor vehicle in the vicinity of an equestrian and horse may blow a horn or cause loud or unusual noises, in a manner to startle or frighten the horse.
(c) A statement concerning such responsibilities shall be [printed in the] included in the agency's instruction manual for motor vehicle operation. [at the time of the next revision of such manual.]
Sec. 220. Section 14-300g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The traffic authority of any city, town or borough is authorized to permit the operation of golf carts, during daylight hours only, on any street or highway within the limits of, and under the jurisdiction of, such traffic authority, provided: (1) Each such golf cart shall be equipped with an operable horn in accordance with the requirements of subsection (e) of section 14-80; (2) each such golf cart shall be equipped with a flag that is positioned to assist operators of motor vehicles in observing the location and operation of such golf cart; (3) no such authorization shall be granted for operation on any street or highway the posted speed limit of which is more than twenty-five miles per hour; and (4) the operator of any such golf cart shall carry a valid [Connecticut] motor vehicle operator's license while operating such golf cart. Any person who operates a golf cart in violation of any provision of this subsection, any insurance requirement established in accordance with subsection (b) of this section, or any other conditions or limitations established by the traffic authority for the operation of golf carts shall have committed an infraction.
(b) The Commissioner of Motor Vehicles may establish, by regulations adopted in accordance with the provisions of chapter 54, insurance requirements for the operation of golf carts in accordance with subsection (a) of this section.
Sec. 221. (Effective from passage) (a) The Commissioner of Motor Vehicles shall conduct a review of the department's issuance of limited operator's licenses pursuant to subdivision (4) of subsection (e) of section 14-36 of the general statutes. Such review shall include, but need not be limited to, consideration of the criteria used by the department to issue or renew limited licenses, compilation of data regarding the driving records of persons with limited licenses, and consideration of whether the limitations imposed ensure the safety of the public, while recognizing the needs of the limited license holders.
(b) Not later than February 1, 2016, the commissioner shall report on the results of the review required pursuant to subsection (a) of this section, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to transportation. Such report shall provide information about the issuance of limited licenses, data on driving records of holders of limited licenses, and recommendations, if any, for administrative or legislative changes to the process of issuing limited licenses.
Sec. 222. Section 14-36g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Each person who holds a motor vehicle operator's license issued on and after August 1, 2008, and who is sixteen or seventeen years of age shall comply with the following requirements:
(1) Except as provided in subsection (b) of this section, for the period of six months after the date of issuance of such license, such person shall not transport more than (A) such person's parents or legal guardian, at least one of whom holds a motor vehicle operator's license, or (B) one passenger who is a driving instructor licensed by the Department of Motor Vehicles, or a person twenty years of age or older who has been licensed to operate, for at least four years preceding the time of being transported, a motor vehicle of the same class as the motor vehicle being operated and who has not had his or her motor vehicle operator's license suspended by the commissioner during such four-year period;
(2) Except as provided in subsection (b) of this section, for the period beginning six months after the date of issuance of such license and ending one year after the date of issuance of such license, such person shall not transport any passenger other than as permitted under subdivision (1) of this subsection and any additional member or members of such person's immediate family;
(3) No such person shall operate any motor vehicle for which a public passenger endorsement, as defined in section 14-1, is required in accordance with the provisions of section 14-44 or a vanpool vehicle, as defined in section 14-1;
(4) No such person shall transport more passengers in a motor vehicle than the number of seat safety belts permanently installed in such motor vehicle;
(5) No such person issued a motorcycle endorsement shall transport any passenger on a motorcycle for a period of six months after the date of issuance; and
(6) Except as provided in subsection (b) of this section, no such person shall operate a motor vehicle on any highway, as defined in section 14-1, at or after 11:00 p.m. until and including 5:00 a.m. of the following day unless (A) such person is traveling for his or her employment or school or religious activities, or (B) there is a medical necessity for such travel.
(b) A person who holds a motor vehicle operator's license and who is sixteen or seventeen years of age shall not be subject to the restrictions on the number or type of passengers specified in subdivision (1) or (2) of subsection (a) of this section, or to the restrictions specified in subdivision (6) of said subsection (a), if such person is: An active member of a volunteer fire company or department, a volunteer ambulance service or company or an emergency medical service organization and such person is responding to, or returning from, an emergency or is carrying out such person's duties as such active member; or an assigned driver in a Safe Ride program sponsored by the American Red Cross, the Boy Scouts of America or other national public service organization.
(c) The Commissioner of Motor Vehicles may adopt regulations, in accordance with chapter 54, to implement the provisions of subsection (a) of this section. Such regulations may provide exceptions to the provisions of subdivision (1) of subsection (a) of this section for a single parent under the age of eighteen for the purposes of transporting the child of such parent to day care, child care and education facilities, medical appointments, and for such other purposes as may be determined by the commissioner.
(d) Any person who violates any provision of subsection (a) of this section shall be deemed to have committed an infraction. The Commissioner of Motor Vehicles shall suspend the motor vehicle operator's license of any person who violates the provisions of subsection (a) of this section for a period of thirty days for a first violation, and for a period of six months or until such person attains the age of eighteen years, whichever is longer, for a second violation.
(e) Notwithstanding the provisions of this section, the provisions of this section in effect July 31, 2008, shall be applicable to any person who is sixteen or seventeen years of age and who has been issued a motor vehicle operator's license prior to August 1, 2008.
Sec. 223. (Effective from passage) The Commissioner of Motor Vehicles shall study the feasibility of establishing a lottery program based on license plate numbers and permitting the sale of license plate numbers through an auction conducted on the Department of Motor Vehicle's Internet web site. The commissioner shall identify and assess options for conducting such lottery and sales and the associated costs and benefits. Not later than January 1, 2017, the commissioner shall submit a report, in accordance with section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to transportation and finance, revenue and bonding, concerning the commissioner's findings and recommendations.
Sec. 224. Subsection (a) of section 14-37a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Any person whose operator's license has been suspended pursuant to any provision of this chapter or chapter 248, except pursuant to section 14-215 for operating under suspension or pursuant to section 14-140 for failure to appear for any scheduled court appearance, and any person identified in subsection (g) of this section may make application to the Commissioner of Motor Vehicles for (1) a special "work" permit to operate a motor vehicle to and from such person's place of employment or, if such person is not employed at a fixed location, to operate a motor vehicle only in connection with, and to the extent necessary, to properly perform such person's business or profession, [or] (2) a special "education" permit to operate a motor vehicle to and from an institution of higher education or a private occupational school, as defined in section 10a-22a, in which such person is enrolled, [. No] provided no such special "education" permit shall be issued to any student enrolled in a high school under the jurisdiction of a local or regional board of education, a high school under the jurisdiction of a regional educational service center, a charter school, a regional agricultural science and technology education center or a technical high school, or (3) a special "medical" permit to operate a motor vehicle to and from any ongoing medically necessary treatment, available upon adoption by the commissioner of regulations pursuant to chapter 54, that describe qualifications for such permit. Such application shall be accompanied by an application fee of one hundred dollars.
Sec. 225. Subsection (c) of section 14-37a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) A special operator's permit issued pursuant to this section shall be of a distinctive format and shall include the expiration date and the legend "work only" or "education only" or, upon adoption of the regulations as provided in subsection (a) of this section, "medical only".
Sec. 226. Section 14-253a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) For the purposes of this section:
(1) "Special license plate" means a license plate displaying the international symbol of access in a size identical to that of the letters or numerals on the plate and in a color that contrasts with the background color of the plate;
(2) "Removable windshield placard" means a two-sided, hanger-style placard which bears on both of its sides: (A) The international symbol of access in a height of three inches or more centered on such placard and colored white on a blue background; (B) a unique identification number; (C) a date of expiration; and (D) a statement indicating that the Connecticut Department of Motor Vehicles issued such placard;
(3) "Temporary removable windshield placard" means a placard that is the same as a removable windshield placard except that the international symbol of access appears on a red background; and
(4) "Person with disabilities" means a person with disabilities which limit or impair the ability to walk, as defined in 23 CFR Section 1235.2.
(b) The Commissioner of Motor Vehicles shall accept applications and renewal applications for removable windshield placards from (1) any person who is blind, as defined in section 1-1f; (2) any person with disabilities; (3) any parent or guardian of any person who is blind or any person with disabilities, if such person is under eighteen years of age at the time of application; (4) any parent or guardian of any person who is blind or any person with disabilities, if such person is unable to request or complete an application; and (5) any organization which meets criteria established by the commissioner and which certifies to the commissioner's satisfaction that the vehicle for which a placard is requested is primarily used to transport persons who are blind or persons with disabilities. Except as provided in subsection (c) of this section, on and after October 1, 2011, the commissioner shall not accept applications for special license plates, but shall accept renewal applications for such plates that were issued prior to October 1, 2011. No person shall be issued a placard in accordance with this section unless such person is the holder of a valid motor vehicle operator's license, or identification card issued in accordance with the provisions of section 1-1h. The commissioner is authorized to adopt regulations for the issuance of placards to persons who, by reason of hardship, do not hold or cannot obtain an operator's license or identification card. The commissioner shall maintain a record of each placard issued to any such person. Such applications and renewal applications shall be on a form prescribed by the commissioner. In the case of persons with disabilities, the application and renewal application shall include: (A) Certification by a licensed physician, a physician assistant, or an advanced practice registered nurse licensed in accordance with the provisions of chapter 378, that the applicant is disabled; (B) certification by a licensed physician, a physician assistant, an advanced practice registered nurse licensed in accordance with the provisions of chapter 378, or a member of the driver training unit for persons with disabilities established pursuant to section 14-11b, that the applicant meets the definition of a person with a disability which limits or impairs the ability to walk, as defined in 23 CFR Section 1235.2. In the case of persons who are blind, the application or renewal application shall include certification of legal blindness made by the Department of Rehabilitation Services, an ophthalmologist or an optometrist. Any person who makes a certification required by this subsection shall sign the application or renewal application under penalty of false statement pursuant to section 53a-157b. The commissioner, in said commissioner's discretion, may accept the discharge papers of a disabled veteran, as defined in section 14-254, in lieu of such certification. The Commissioner of Motor Vehicles may require additional certification at the time of the original application or at any time thereafter. If a person who has been requested to submit additional certification fails to do so within thirty days of the request, or if such additional certification is deemed by the Commissioner of Motor Vehicles to be unfavorable to the applicant, the commissioner may refuse to issue or, if already issued, suspend or revoke such special license plate or placard. The commissioner shall not issue more than one placard per applicant. The fee for the issuance of a temporary removable windshield placard shall be five dollars. Any person whose application has been denied or whose special license plate or placard has been suspended or revoked shall be afforded an opportunity for a hearing in accordance with the provisions of chapter 54.
(c) Any person who meets the requirements to obtain a removable windshield placard pursuant to subsection (b) of this section and who has a motorcycle registered in such person's name shall be issued, upon approval of the application, number plates in accordance with the provisions of subsection (a) of section 14-21b, which shall bear letters or numerals or any combination thereof followed by the international access symbol. The registration of any motorcycle for which a special license plate is issued shall expire and be renewed as provided in section 14-22 and be subject to the fee provisions of section 14-49. No person shall be issued such number plates for the registration of more than two motorcycles. Any person eligible to obtain a special license plate pursuant to this section who transfers the expired registration of a motorcycle owned by such person and replaces such number plate with a special license plate shall be exempt from payment of any fee for such transfer or replacement. A person who obtains a special plate or plates under this subsection may also obtain a removable windshield placard in accordance with subsection (b) of this section.
(d) Any placard issued pursuant to this section shall be displayed by hanging it from the front windshield rearview mirror of the vehicle when utilizing a parking space reserved for persons who are blind and persons with disabilities. If there is no rearview mirror in such vehicle, the placard shall be displayed in clear view on the dashboard of such vehicle.
(e) Vehicles displaying a special license plate or a placard issued pursuant to this section or by authorities of other states or countries for the purpose of identifying vehicles permitted to utilize parking spaces reserved for persons who are blind and persons with disabilities, shall be allowed to park in an area where parking is legally permissible, for an unlimited period of time without penalty, notwithstanding the period of time indicated as lawful by any (1) parking meter, or (2) sign erected and maintained in accordance with the provisions of chapter 249, provided the operator of or a passenger in such motor vehicle is a person who is blind or a person with disabilities. A placard shall not be displayed on any motor vehicle when such vehicle is not being operated by or carrying as a passenger a person who is blind or a person with disabilities to whom the placard was issued. Vehicles bearing a special license plate shall not utilize parking spaces reserved for persons who are blind and persons with disabilities when such vehicles are not being operated by or carrying as a passenger a person who is blind or a person with disabilities to whom such special license plate was issued.
(f) Only those motor vehicles displaying a plate or placard issued pursuant to this section shall be authorized to park in public or private areas reserved for exclusive use by persons who are blind or persons with disabilities, except that any ambulance, as defined in section 19a-175, which is transporting a patient may park in such area for a period not to exceed fifteen minutes while assisting such patient. Any motor vehicle parked in violation of the provisions of this subsection for the third or subsequent time shall be subject to being towed from such designated area. Such vehicle shall be impounded until payment of any fines incurred is received. No person, firm or corporation engaged in the business of leasing or renting motor vehicles without drivers in this state may be held liable for any acts of the lessee constituting a violation of the provisions of this subsection. Any municipal police officer who observes a motor vehicle parked in violation of this subsection shall issue a written warning or a summons for such violation.
(g) The Office of the State Traffic Administration, on any state highway, or local traffic authority, on any highway or street under its control, shall establish parking spaces in parking areas for twenty or more cars in which parking shall be prohibited to all motor vehicles except vehicles displaying a special license plate or a placard issued pursuant to this section. Parking spaces in which parking shall be prohibited to all motor vehicles except vehicles displaying such special plate or placard shall be established in private parking areas for two hundred or more cars according to the following schedule:
T247 |
Total Number |
Number of Special |
T248 |
Of Parking Lot Spaces |
Parking Spaces Required |
T249 |
0 – 200 |
Exempt |
T250 |
201 – 1000 |
1.0% |
T251 |
1001 – 2000 |
10 plus 0.8% of spaces |
T252 |
over 1000 | |
T253 |
2001 – 3000 |
18 plus 0.6% of spaces |
T254 |
over 2000 | |
T255 |
3001 – 4000 |
24 plus 0.4% of spaces |
T256 |
over 3000 | |
T257 |
4001 or more |
28 plus 0.2% of spaces |
T258 |
over 4000 |
All such spaces shall be designated as reserved for exclusive use by persons who are blind and persons with disabilities and identified by the use of signs in accordance with subsection (h) of this section. Such parking spaces shall be adjacent to curb cuts or other unobstructed methods permitting sidewalk access to a person who is blind or a person with disabilities and shall be fifteen feet wide, including three feet of cross hatch, or be parallel to a sidewalk. The provisions of this subsection shall not apply (1) in the event the State Building Code imposes more stringent requirements as to the size of the private parking area in which special parking spaces are required or as to the number of special parking spaces required, or (2) in the event a municipal ordinance imposes more stringent requirements as to the size of existing private parking areas in which special parking spaces are required or as to the number of special parking spaces required.
(h) Parking spaces designated for persons who are blind and persons with disabilities on or after October 1, 1979, and prior to October 1, 2004, shall be as near as possible to a building entrance or walkway and shall be fifteen feet wide including three feet of cross hatch, or parallel to a sidewalk on a public highway. On and after October 1, 2004, parking spaces for passenger motor vehicles designated for persons who are blind and persons with disabilities shall be as near as possible to a building entrance or walkway and shall be fifteen feet wide including five feet of cross hatch. On and after October 1, 2004, parking spaces for passenger vans designated for persons who are blind and persons with disabilities shall be as near as possible to a building entrance or walkway and shall be sixteen feet wide including eight feet of cross hatch. Such spaces shall be designated by above grade signs with white lettering against a blue background and shall bear the words "handicapped parking permit required" and "violators will be fined". Such sign shall also bear the international symbol of access. When such a sign is replaced, repaired or erected it shall indicate the minimum fine for a violation of subsection (f) of this section. Such indicator may be in the form of a notice affixed to such a sign.
(i) Any public parking garage or terminal, as defined in the State Building Code, constructed under a building permit application filed on or after October 1, 1985, and prior to October 1, 2004, shall have nine feet six inches' vertical clearance at a primary entrance and along the route to at least two parking spaces which conform with the requirements of subsection (h) of this section and which have nine feet six inches' vertical clearance unless an exemption has been granted pursuant to the provisions of subsection (b) of section 29-269. Each public parking garage or terminal, as defined in the State Building Code, constructed under a building permit application filed on or after October 1, 2004, shall have eight feet two inches' vertical clearance at a primary entrance and along the route to at least two parking spaces for passenger vans which conform with the requirements of subsection (h) of this section and which have eight feet two inches' vertical clearance unless an exemption has been granted pursuant to the provisions of subsection (b) of section 29-269.
(j) The commissioner may suspend or revoke any plate or placard issued pursuant to this section when, after affording the person to whom such plate or placard was issued an opportunity for a hearing in accordance with chapter 54, the commissioner or his representative determines that such person has used or permitted the use of such plate or placard in a manner which violates the provisions of this section.
(k) Nothing in this section may be construed to allow a person who is blind or a person with disabilities who is a bona fide resident of the state to park in a public or private area reserved for the exclusive use of persons who are blind and persons with disabilities as provided in this section if such person does not display upon or within his vehicle a plate or placard issued pursuant to this section.
(l) (1) Any person who violates any provision of this section for which a penalty or fine is not otherwise provided shall, for a first violation, be subject to a fine of one hundred fifty dollars, and for a subsequent violation, be subject to a fine of two hundred fifty dollars.
(2) No owner or lessee of a private parking area subject to the requirements of this section, or an agent of such owner or lessee, shall dump, or allow any other person to dump, or otherwise place accumulated snow in a special parking space reserved as required in this section. Any owner, lessee or agent who violates the provisions of this subdivision shall, for a first violation, be subject to a fine of one hundred fifty dollars, and for a subsequent violation, be subject to a fine of two hundred fifty dollars.
(m) Any placard or special license plate issued pursuant to this section shall be returned to the commissioner upon the subsequent change of residence to another state or death of the person to whom such placard or license plate was issued. Any person who uses a placard or a special license plate issued pursuant to this section after the death of the person to whom such placard or special license plate was issued shall be fined five hundred dollars.
(n) The commissioner shall develop a procedure for the renewal of existing placards. The procedure may be implemented over a period of several years. Any renewal of such placards shall require the issuance of a new placard in accordance with the provisions of this section.
(o) The commissioner shall periodically check the Department of Public Health's state registration of deaths and shall cancel any placard issued to an individual identified in such registry as deceased.
(p) The Commissioner of Motor Vehicles shall adopt regulations in accordance with the provisions of chapter 54, to carry out the provisions of this chapter and to establish a uniform system for the issuance, renewal and regulation of special license plates, removable windshield placards and temporary removable windshield placards. Such plates and placards shall be used only by persons to whom such plates and placards are issued.
Sec. 227. Section 14-325b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) Each retail dealer as defined in section 14-318 that offers self-service and full-service facilities for the sale of gasoline or motor fuel shall provide, at a self-service pump, upon request, refueling service to a handicapped driver of a vehicle that bears a special international symbol of access license plate or a removable windshield placard issued pursuant to section 14-253a, at a price no greater than that which such dealer would charge the public to purchase gasoline or motor fuel without any refueling service.
(b) Each retail dealer that is required to provide refueling service to a handicapped driver pursuant to subsection (a) of this section shall publicly display and maintain on or near each self-service pump a clearly legible sign informing the public that such retail dealer will provide refueling service to such handicapped driver upon request. Such sign shall be displayed in a location and manner that is clearly visible to handicapped drivers and shall contain instructions indicating how a handicapped driver may contact or notify the retail dealer or cashier, if applicable, if the handicapped driver requires refueling service.
(c) The provisions of this section shall not apply to dealers that sell gasoline or motor fuel and that (1) have remotely controlled pumps, or (2) are operated by a single cashier.
Sec. 228. (NEW) (Effective from passage) Notwithstanding the provisions of sections 14-145 and 14-145b of the general statutes, and subparagraph (B) of subdivision (7) of subsection (c) of section 7-148 of the general statutes, an owner or lessee of private commercial property or such owner or lessee's agent may tow any motor vehicle left without authorization on such property and no signage warning of such towing shall be required to be installed by such owner or lessee if such motor vehicle is left (1) in a space reserved, as required in section 14-253a of the general statutes, for exclusive use by persons who are blind and persons with disabilities, (2) in an area reserved for authorized emergency vehicles, (3) within ten feet of a fire hydrant, as provided in section 14-251 of the general statutes, (4) blocking building access, (5) blocking entry or exit from such property, or (6) for forty-eight or more hours.
Sec. 229. (NEW) (Effective from passage) Not later than January 1, 2016, and annually thereafter, each local and regional board of education shall review the transportation arrangements of their special needs students, both in and out of district, and make the appropriate changes to ensure the safe transportation of the students, which may involve placing school bus monitors or cameras on the vehicles used for such transportation.
Sec. 230. Subsection (b) of section 14-296aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) (1) Except as otherwise provided in this subsection and subsections (c) and (d) of this section, no person shall operate a motor vehicle upon a highway, as defined in section 14-1, while using a hand-held mobile telephone to engage in a call or while using a mobile electronic device. An operator of a motor vehicle who types, sends or reads a text message with a hand-held mobile telephone or mobile electronic device while operating a motor vehicle shall be in violation of this section, except that if such operator is driving a commercial motor vehicle, as defined in section 14-1, such operator shall be charged with a violation of subsection (e) of this section.
(2) An operator of a motor vehicle who holds a hand-held mobile telephone to, or in the immediate proximity of, his or her ear while operating a motor vehicle is presumed to be engaging in a call within the meaning of this section. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not engaged in a call.
(3) The provisions of this subsection shall not be construed as authorizing the seizure or forfeiture of a hand-held mobile telephone or a mobile electronic device, unless otherwise provided by law.
(4) Subdivision (1) of this subsection shall not apply to: (A) The use of a hand-held mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: An emergency response operator; a hospital, physician's office or health clinic; an ambulance company; a fire department; or a police department, or (B) any of the following persons while in the performance of their official duties and within the scope of their employment: A peace officer, as defined in subdivision (9) of section 53a-3, a firefighter or an operator of an ambulance or authorized emergency vehicle, as defined in section 14-1, [or] a member of the armed forces of the United States, as defined in section 27-103, while operating a military vehicle, or a sworn motor vehicle inspector acting under the authority of section 14-8, or (C) the use of a hand-held radio by a person with an amateur radio station license issued by the Federal Communications Commission in emergency situations for emergency purposes only, or (D) the use of a hands-free mobile telephone.
Sec. 231. (NEW) (Effective from passage) (a) On and after January 1, 2016, the Commissioner of Motor Vehicles may issue, within available appropriations, Men's Health commemorative number plates of a design to enhance public awareness of efforts to treat and cure prostate cancer. The design shall be determined by agreement between the Commissioner of Public Health and the Commissioner of Motor Vehicles. No use shall be made of such plates except as official registration marker plates.
(b) A fee of sixty dollars shall be charged for Men's Health commemorative number plates, in addition to the regular fee or fees prescribed for the registration of a motor vehicle. Fifteen dollars of such fee shall be deposited in an account controlled by the Department of Motor Vehicles to be used for the cost of producing, issuing, renewing and replacing such number plates and forty-five dollars of such fee shall be deposited in the account established under subsection (d) of this section. No additional fee shall be charged in connection with the renewal of such number plates. No transfer fee shall be charged for transfer of an existing registration to or from a registration with Men's Health commemorative number plates. Such number plates shall have letters and numbers selected by the Commissioner of Motor Vehicles. The commissioner may establish a higher fee for: (1) Number plates that contain the numbers and letters from a previously issued number plate; (2) number plates that contain letters in place of numbers, as authorized by section 14-49 of the general statutes, in addition to the fee or fees prescribed for registration under said section; and (3) number plates that are low number plates issued in accordance with section 14-160 of the general statutes, in addition to the fee or fees prescribed for registration under said section. All fees established and collected pursuant to this section, except moneys designated for administrative costs of the Department of Motor Vehicles, shall be deposited in the Men's Health account established under subsection (d) of this section.
(c) The Commissioner of Motor Vehicles, in consultation with the Commissioner of Public Health, may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to establish standards and procedures for the issuance, renewal and replacement of Men's Health commemorative number plates.
(d) There is established a Men's Health account which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. The funds in the account shall be expended by the Department of Public Health to enhance public awareness of efforts to treat and cure prostate cancer and to support research into treatment for prostate cancer. The Commissioner of Public Health may receive private donations to the account and any such receipts shall be deposited in the account.
(e) The Commissioner of Motor Vehicles may provide for the reproduction and marketing of the Men's Health commemorative number plate image for use on clothing, recreational equipment, posters, mementoes or other products or programs deemed by the commissioner to be suitable as a means of supporting the Men's Health account established under subsection (d) of this section. Any moneys received by the commissioner from such marketing shall be deposited in said account.
Sec. 232. (NEW) (Effective from passage) (a) As used in this section:
(1) "Commissioner" means the Commissioner of Motor Vehicles;
(2) "Database" means the database supported by the Online Insurance Verification System;
(3) "Department" means the Department of Motor Vehicles;
(4) "Insurer" means an insurance company that is authorized to issue motor vehicle liability insurance policies in this state; and
(5) "System" means the Online Insurance Verification System.
(b) The department shall establish the Online Insurance Verification System for the purposes of (1) verifying that a motor vehicle owner or operator has procured and maintained the security coverage required pursuant to sections 14-112 and 38a-371 of the general statutes, (2) providing the commissioner and insurers with an effective method for complying with chapters 246, 248 and 700 of the general statutes, and (3) reducing the number of uninsured motor vehicles on the highways of the state. The system shall be available, at all times and in the manner prescribed by the department, to allow state and local law enforcement agencies and any government agency authorized for system access by the commissioner to verify the security coverage of any motor vehicle.
(c) (1) The system shall include (A) the owner and vehicle information for all active registrations, provided by the department, and (B) a record of each motor vehicle insurance policy in effect, provided by each insurer in accordance with subdivision (2) of this subsection.
(2) Each insurer shall, each month on a date specified by the commissioner, submit to the department a record of each motor vehicle insurance policy in effect for vehicles registered or garaged in the state as of the date of such submission. Each insurer that issues commercial fleet policies may satisfy this requirement by providing the fleet policy number that covers the vehicles of its insured. The record provided by an insurer shall be in a format and contain the data as specified by the department. Such record shall be provided by electronic means or by another form approved by the department. An insurer may submit more frequent reports than once monthly, if it so chooses.
(3) With the information provided pursuant to this subsection, the department shall, at least monthly: (A) Update the database with the records provided by insurers pursuant to section 38a-343a of the general statutes, as amended by this act, and subdivision (2) of this subsection; (B) match the department information of owner and vehicle information for all active registrations with the records submitted by insurers; and (C) compare all current motor vehicle registrations against the records submitted by insurers.
(d) Each insurer shall be required to establish an online web service, accessible through the system, to verify the insurance of a vehicle in real time. At its discretion, the department may establish alternate methods for verifying commercial vehicle liability insurance policies or liability policies issued by insurers who write fewer than a threshold number of policies, as established by the commissioner in consultation with the Insurance Commissioner and insurers.
(e) The system shall (1) be capable of sending requests to insurers for verification of motor vehicle liability insurance, using online web services established by insurers as required pursuant to subsection (d) of this section, (2) allow state and local law enforcement agencies to access the database in real time, and (3) generate reports that may be useful for the implementation of the purposes of this section, as determined by the commissioner.
(f) The commissioner may enter into an agreement with a private third-party vendor to develop and maintain the system established pursuant to this section, under the direction and management of the department, provided such vendor has entered into an agreement to protect the confidentiality of the information and data contained within the system.
(g) (1) The Department of Motor Vehicles may use the information contained in the database for the administration and enforcement of chapters 246, 248 and 700 of the general statutes.
(2) All information contained in the database shall be treated as a motor vehicle record, as defined in section 14-10 of the general statutes, and shall not be disclosed except as permitted under section 14-10 of the general statutes, and 18 USC 2721 et seq., as amended from time to time.
(h) (1) An insurer shall not be liable to any person for information the insurer provides to the department or to a third-party vendor in compliance with this section, including information an insurer may provide or omit erroneously in good faith.
(2) The state, the department and a third-party vendor shall not be liable to any person for gathering, managing or using the information in the database, provided such actions are in compliance with this section.
Sec. 233. Section 14-12c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The commissioner may at any time require any owner of a private passenger motor vehicle or a vehicle with a commercial registration, as defined in section 14-1, to submit further information to verify the required security coverage within the time specified by the commissioner. If the commissioner is unable to verify the insurance information furnished, the commissioner shall, unless such registrant has been reported as cancelled in accordance with sections 38a-343, 38a-343a, as amended by this act, 14-12c, as amended by this act, and 14-12f to 14-12i, inclusive, afford such owner an opportunity for a hearing in accordance with chapter 54 to determine whether such owner's application for registration contains a material false statement or whether [he] such owner has failed to continuously maintain the security required under section 38a-371. If the commissioner finds that [the] such owner did not have the required security in effect on the date of registration, or that such owner presented a false or fraudulent insurance identification card to the commissioner, the application for registration shall be deemed to contain a material false statement. Any registration issued as a result of such application shall be void from the date of issue and the registration number plates shall be surrendered to the commissioner or the commissioner shall issue a notice of suspension of the registration in accordance with the provisions of section 14-12g. If the commissioner finds that the owner had the required security in effect at the time such application was submitted but failed to maintain it continuously during the registration period, the commissioner shall issue a notice of the suspension of the registration in accordance with the provisions of section 14-12g. The commissioner may use information contained in the Online Insurance Verification System established in accordance with section 232 of this act to verify or enforce security coverage requirements or impose sanctions in accordance with any provision in this chapter or chapter 700.
Sec. 234. Subsection (a) of section 14-213b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) No owner of any private passenger motor vehicle or a vehicle with a combination or commercial registration, as defined in section 14-1, registered or required to be registered in this state may operate or permit the operation of such vehicle without the security required by section 38a-371 or with security insufficient to meet the minimum requirements of said section, or without any other security requirements imposed by law, as the case may be. Failure of the operator to produce an insurance identification card as required by section 14-217 shall constitute prima facie evidence that the owner has not maintained the security required by section 38a-371 and this section. A law enforcement officer may access the Online Insurance Verification System established in accordance with section 232 of this act to determine whether an owner or operator has the required security.
Sec. 235. Section 38a-343a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) (1) [Each] The Commissioner of Motor Vehicles may require each insurance company [which] that issues private passenger motor vehicle liability insurance policies in this state [shall, each month, on a date specified by the commissioner, notify the Commissioner of Motor Vehicles] to notify the commissioner monthly, on a date specified by the commissioner, of the cancellation by the insurance company of all such policies which occurred during the preceding month. [The notice required] Such notice shall include the name of the named insured in the policy, the policy number, the vehicle identification number of each automobile covered by the policy and the effective date of the policy's cancellation. The commissioner shall specify an acceptable method of notification. The method of notification specified may include computer tapes or electronic transmission.
(2) The commissioner may require each insurance company that issues private passenger motor vehicle liability insurance policies in this state to provide monthly, on a date specified by the commissioner, the policy information required for purposes of the Online Insurance Verification System, as provided in section 232 of this act.
(3) The failure of an insurance company to comply with the requirements of this section shall not affect the cancellation of any private passenger motor vehicle liability insurance policy.
(b) The Commissioner of Motor Vehicles shall receive or accept all notices of policy cancellation or all policy information from private passenger motor vehicle liability insurance companies, as required pursuant to subsection (a) of this section. The commissioner shall review and analyze the cancellation data or policy information submitted, together with such other information as [he] the commissioner may obtain from the private passenger motor vehicle liability insurance companies, from the records of the Department of Motor Vehicles, or from any other public or private agency or firm in possession of relevant information, for the purpose of determining whether any registered owner identified in any such notice has failed to continuously maintain insurance coverage in violation of sections 14-12c, as amended by this act, and 38a-371. In conducting such an inquiry to determine insured status, the commissioner may contact registered vehicle owners by mail and require that such mail inquiries be answered in not less than thirty days, in a satisfactory manner containing such information and verification of insurance coverage as the commissioner shall deem necessary and acceptable.
Sec. 236. Subsection (a) of section 14-145 of the general statutes, as amended by section 1 of public act 15-42, is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) (1) An owner or lessee of private property, or his or her agent, may remove or cause to be removed, or may use a wheel-locking device to render immovable, any motor vehicle left without authorization on such property in accordance with the provisions of this section and sections 14-145a to 14-145c, inclusive, as amended by [this act] public act 15-42, provided any owner or lessee of private commercial property, or his or her agent, shall install conspicuous signage stating that motor vehicles left without authorization on such private commercial property may be removed or rendered immovable and indicating where such motor vehicle will be stored, how the vehicle may be redeemed and any costs or fees that may be charged.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, an owner or lessee of private commercial property or such owner or lessee's agent may tow any motor vehicle left without authorization on such property and no signage warning of such towing shall be required to be installed by such owner or lessee if such motor vehicle is left (A) in a space reserved, as required in section 14-253a, for exclusive use by persons who are blind and persons with disabilities and such vehicle does not bear a removable windshield placard or special license plate, as defined in section 14-253a, (B) in an area reserved for authorized emergency vehicles, (C) within ten feet of a fire hydrant, as provided in section 14-251, (D) blocking building access, (E) blocking entry or exit from such property, or (F) for forty-eight or more hours.
[(2)] (3) A lending institution may repossess any motor vehicle, in accordance with the provisions of section 36a-785, as amended by [this act] public act 15-42, by contracting with a wrecker licensed under section 14-66 or an entity exempt from such licensure, as provided in subsection (f) of section 14-66, to tow or otherwise remove such motor vehicle in accordance with the provisions of this section and sections 14-145a to 14-145c, inclusive, as amended by [this act] public act 15-42. In the case of a repossession, no signage as described in subdivision (1) of this subsection shall be required.
[(3)] (4) This section shall not apply to law enforcement, fire-fighting, rescue, ambulance or emergency vehicles which are marked as such, or to motor vehicles left without authorization on property leased by any governmental agency.
Sec. 237. Subsection (a) of section 14-145a of the general statutes, as amended by section 2 of public act 15-42, is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) No vehicle shall be towed or removed from private property [or rendered immovable on private property through use of a wheel- locking device] except (1) upon express instruction of the owner or lessee, or his or her agent, of the property upon which the vehicle is trespassing, or (2) for the purpose of repossession of the motor vehicle by a lending institution. No vehicle shall be rendered immovable on private property through the use of a wheel-locking device except upon express instruction of the owner or lessee, or his or her agent. Nothing in this subsection shall be construed to limit the right of a municipality or the state to remove an abandoned motor vehicle in accordance with the provisions of section 14-150.
Sec. 238. Subdivision (82) of section 12-412 of the general statutes, as amended by section 10 of public act 15-46, is repealed and the following is substituted in lieu thereof (Effective from passage):
(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) of section 14-1, [as amended by this act,] 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. 239. Subsection (e) of section 14-36m of the general statutes, as amended by section 2 of house bill 6366 of the current session, as amended by House Amendment Schedule "A", is repealed and the following is substituted in lieu thereof (Effective from passage):
(e) No motor vehicle operator's license issued pursuant to this section shall be used as identification for voting purposes. [, and shall contain language on the back of such license indicating that it cannot be used for voting purposes] The back of such license shall contain language indicating that it cannot be used for voting purposes. For any such license issued prior to July 1, 2016, the language required by this subsection shall be added upon renewal of such license.
Sec. 240. Subsection (c) of section 14-33 of the general statutes, as amended by section 1 of public act 14-19, is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(c) On and after March 1, 1989, any municipality may participate in a program administered by the Commissioner of Motor Vehicles to facilitate the payment of fines for parking violations. If any such municipality elects to participate in such program, it shall provide for a notice of violation to be served personally upon the operator of a motor vehicle who is present at the time of service. If the operator is not present, the notice shall be served upon the owner of the motor vehicle by affixing notice to said vehicle in a conspicuous place, or, in the case of the city of Hartford Parking Authority, by regular or certified mail to the registered owner of the vehicle, which shall have the same effect as if the notice of violation was personally served on the owner or operator of the vehicle. In the case of any motor vehicle that is leased or rented by the owner, not more than thirty days after the initial notice of a parking violation for which a fine remains unpaid at such time, a second notice of violation shall be mailed to the address of record of the owner leasing or renting the motor vehicle to such operator. No fines or penalties shall accrue to the owner of such rented or leased vehicle for the violation for a period of sixty days after the second notice is mailed. Upon receipt of such notification, the owner of such rented or leased vehicle may notify the municipality as to whom the lessee was at the time of such issuance of the notice of violation, the lessee's address, motor vehicle operator's license number and state of issuance, and the municipality shall issue such notice of violation to such lessee. A participating municipality shall notify the commissioner of every owner of a registered motor vehicle who has unpaid fines for more than five parking violations committed within such municipality on and after March 1, 1989. Upon receipt of such notification, the commissioner shall not issue or renew the motor vehicle registration of such person until he receives notification from such municipality that the delinquent fines have been paid.
Sec. 241. (NEW) (Effective from passage and applicable to assessment years commencing on and after October 1, 2015) Notwithstanding any provision of chapter 201, 203 or 204 of the general statutes or any special act that provides an exemption from taxation of real or personal property held by or on behalf of a health system, as defined in section 19a-508c of the general statutes, the following real and personal property shall be taxable by a municipality in accordance with the provisions of chapters 201, 203 and 204 of the general statutes: (1) Real property that is acquired by a health system on or after October 1, 2015, that, at the time of such acquisition, is subject to taxation under the provisions of chapters 201, 203 and 204 of the general statutes, provided such acquiring health system had, for the fiscal year ending September 30, 2013, net patient revenue from facilities located within the state of one billion five hundred million dollars or more, and (2) any personal property incident to the rendering of health care services at the real property described in subdivision (1) of this section. The provisions of this section shall not apply to any real or personal property that is within a campus, as defined in subparagraph (A) of subdivision (2) of subsection (a) of section 19a-508c of the general statutes. All taxes on real and personal property imposed pursuant to this section shall be liabilities of, and paid by, the health system, and shall not be paid by a hospital or other entity affiliated with such health system.
Sec. 242. (Effective from passage) Notwithstanding any provision of the general statutes or any special act, charter or ordinance, all acts and proceedings of the officers and officials of a municipality pertaining to the treatment as taxable or not taxable, as the case may be, by the municipality of any real or personal property held by, or held in trust for, a health system, as defined in section 19a-508c of the general statutes, on its October 1, 2014, grand list or earlier grand list, are validated and the municipality shall continue to treat such real or personal property as taxable or not taxable, as the case may be, in subsequent tax years.
Sec. 243. Section 12-65b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Any municipality may, by affirmative vote of its legislative body, enter into a written agreement with any party owning or proposing to acquire an interest in real property in such municipality, or with any party owning or proposing to acquire an interest in air space in such municipality, or with any party who is the lessee of, or who proposes to be the lessee of, air space in such municipality in such a manner that the air space leased or proposed to be leased shall be assessed to the lessee pursuant to section 12-64, fixing the assessment of the real property or air space which is the subject of the agreement, and all improvements thereon or therein and to be constructed thereon or therein, subject to the provisions of subsection (b) of this section, (1) for a period of not more than seven years, provided the cost of such improvements to be constructed is not less than three million dollars, (2) for a period of not more than two years, provided the cost of such improvements to be constructed is not less than five hundred thousand dollars, (3) to the extent of not more than fifty per cent of such increased assessment, for a period of not more than three years, provided the cost of such improvements to be constructed is not less than ten thousand dollars, or (4) for a period of years specified in an ordinance, for improvements to be constructed on land used or to be used for any retail business in an area designated in such ordinance. For purposes of this section, "improvements to be constructed" includes the rehabilitation of existing structures for retail business use.
(b) The provisions of subsection (a) of this section shall only apply if the improvements are for at least one of the following: (1) Office use; (2) retail use; (3) permanent residential use; (4) transient residential use; (5) manufacturing use; (6) warehouse, storage or distribution use; (7) structured multilevel parking use necessary in connection with a mass transit system; (8) information technology; (9) recreation facilities; (10) transportation facilities; [or] (11) mixed-use development, as defined in section 8-13m; or (12) use by or on behalf of a health system, as defined in section 19a-508c.
Sec. 244. (NEW) (Effective from passage and applicable to assessment years commencing on and after October 1, 2015) Notwithstanding any provision of chapter 201, 203 or 204 of the general statutes or any special act, except subdivision (8) of section 12-81 of the general statutes, which provides an exemption from taxation of real or personal property held by or on behalf of a private nonprofit institution of higher learning, as defined in section 12-20a of the general statutes, any residential real property intended for use or used as student housing, except a dormitory, that is held by or on behalf of such entity, shall be taxable by a municipality in accordance with the provisions of chapters 201, 203 and 204 of the general statutes. For purposes of this subsection: (1) "Residential real property" means any house or building, or portion thereof, which is rented, leased or hired out to be occupied as a home or residence of one or more students, and (2) "dormitory" means a building containing living or sleeping facilities consisting of twenty or more beds intended for use or used as student housing and maintained by a private nonprofit institution of higher learning, as defined in section 12-20a of the general statutes.
Sec. 245. (NEW) (Effective July 1, 2015) (a) As used in this section:
(1) "District heating system" means a thermal loop natural gas demand reduction system that is located in a designated area and is designed to capture an annual minimum of thirty million British thermal units of waste heat and transmits and distributes at least seventy-five per cent of such waste heat directly to the premises of end use customers that are located in such system's service area.
(2) "Gas company" has the same meaning as provided in section 16-1 of the general statutes.
(b) After the effective date of this section, each gas company shall develop an incentive program for district heating systems for the purpose of reducing natural gas demand in the state. As part of the conservation and load management plan, pursuant to section 16-245m of the general statutes, each gas company shall submit such program plan for approval to the Energy Conservation Management Board and the Department of Energy and Environmental Protection. Said board and department have discretion to jointly approve or disapprove such plan. Such program shall, on or after March 1, 2016, provide an incentive payment to end use customers who connect on or after March 1, 2016, to a district heating system for heating purposes. Such incentive payment shall be based on such customer's projected natural gas demand reduction for the period of time that such customer commits to utilize the services of such heating system. The projected natural gas demand reduction shall be based on such customer's weather-adjusted historical usage data from the previous three years. The amount of the incentive payment made to such end use customer shall not exceed the incentive payment made for equivalent natural gas demand reductions through the state's conservation and load management plan.
(c) An owner or operator of a district heating system may charge each end use customer a connection charge up to an amount equal to the incentive payment received by such end use customer.
(d) The Public Utilities Regulatory Authority shall ensure that the revenues required to fund such incentive payments made pursuant to this section are provided through a fully reconciling conservation adjustment mechanism, which shall not exceed more than nine million dollars in total for the program established under this section, provided (1) such revenues shall be in addition to the revenues authorized to fund the conservation and load management fund pursuant to section 16-245m of the general statutes, and (2) such revenues exceeding two million dollars required to fund such incentive payments shall be paid over a period of not less than two years. Such revenues shall only be collected from the gas customers of the company in whose service area such district heating system is located.
Sec. 246. (NEW) (Effective July 1, 2015) (a) The Commissioner of Education shall administer, within available appropriations and in consultation with the Commissioner of Children and Families, a surrogate parent program. The Commissioner of Children and Families shall select any foster child, as defined in section 17a-110 of the general statutes, who resides in the area identified as Region 3 by the Department of Children and Families for participation in the program, and the Commissioner of Education shall appoint a surrogate parent for such child. The surrogate parent shall represent the foster child in the educational decision-making process, provided the parent or guardian of the foster child: (1) Agrees or fails to object to the appointment of a surrogate parent; (2) receives identical notices as the surrogate parent; and (3) may revoke the appointment of a surrogate parent at any time.
(b) Not later than January 1, 2016, and annually thereafter, the Commissioners of Education and Children and Families shall jointly submit a report, in accordance with section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to children and education on the surrogate parent program.
Sec. 247. Section 10-94f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
As used in sections 10-94f to 10-94k, inclusive, and section 246 of this act:
(1) "Surrogate parent" means the person appointed by the Commissioner of Education as a child's advocate in the educational decision-making process in place of the child's parents or guardian and such person shall be deemed to be an "other employee" for purposes of section 10-235;
(2) "The educational decision-making process" includes the identification, evaluation, placement, hearing, mediation and appeal procedures provided for in this chapter and the evaluation and planning procedures provided for in Section 504 of the Rehabilitation Act of 1973, as amended from time to time, which may be available to a child subsequent to the receipt of special education and related services pursuant to this chapter.
Sec. 248. Subsection (i) of section 10-217a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(i) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2008, to June 30, [2015] 2017, inclusive, the amount of the grants payable to local or regional boards of education in accordance with this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for purposes of this section.
Sec. 249. Subsection (b) of section 10-281 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(b) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2004, to June 30, [2015] 2017, inclusive, the amount of the grants payable to local or regional boards of education in accordance with this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for purposes of this section.
Sec. 250. Subsection (d) of section 10-71 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(d) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2004, to June 30, [2015] 2017, inclusive, the amount of the grants payable to towns, regional boards of education or regional educational service centers in accordance with this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this section for such year.
Sec. 251. Subsection (e) of section 10-66j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(e) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2004, to June 30, [2015] 2017, inclusive, the amount of grants payable to regional educational service centers shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for such grants for such year.
Sec. 252. Subdivision (2) of subsection (e) of section 10-76d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(2) For purposes of this subdivision, "public agency" includes the offices of a government of a federally recognized Native American tribe. Notwithstanding any other provisions of the general statutes, for the fiscal year ending June 30, 1987, and each fiscal year thereafter, whenever a public agency, other than a local or regional board of education, the State Board of Education or the Superior Court acting pursuant to section 10-76h, places a child in a foster home, group home, hospital, state institution, receiving home, custodial institution or any other residential or day treatment facility, and such child requires special education, the local or regional board of education under whose jurisdiction the child would otherwise be attending school or, if no such board can be identified, the local or regional board of education of the town where the child is placed, shall provide the requisite special education and related services to such child in accordance with the provisions of this section. Within one business day of such a placement by the Department of Children and Families or offices of a government of a federally recognized Native American tribe, said department or offices shall orally notify the local or regional board of education responsible for providing special education and related services to such child of such placement. The department or offices shall provide written notification to such board of such placement within two business days of the placement. Such local or regional board of education shall convene a planning and placement team meeting for such child within thirty days of the placement and shall invite a representative of the Department of Children and Families or offices of a government of a federally recognized Native American tribe to participate in such meeting. (A) The local or regional board of education under whose jurisdiction such child would otherwise be attending school shall be financially responsible for the reasonable costs of such special education and related services in an amount equal to the lesser of one hundred per cent of the costs of such education or the average per pupil educational costs of such board of education for the prior fiscal year, determined in accordance with the provisions of subsection (a) of section 10-76f. The State Board of Education shall pay on a current basis, except as provided in subdivision (3) of this subsection, any costs in excess of such local or regional board's basic contributions paid by such board of education in accordance with the provisions of this subdivision. (B) Whenever a child is placed pursuant to this subdivision, on or after July 1, 1995, by the Department of Children and Families and the local or regional board of education under whose jurisdiction such child would otherwise be attending school cannot be identified, the local or regional board of education under whose jurisdiction the child attended school or in whose district the child resided at the time of removal from the home by said department shall be responsible for the reasonable costs of special education and related services provided to such child, for one calendar year or until the child is committed to the state pursuant to section 46b-129 or 46b-140 or is returned to the child's parent or guardian, whichever is earlier. If the child remains in such placement beyond one calendar year the Department of Children and Families shall be responsible for such costs. During the period the local or regional board of education is responsible for the reasonable cost of special education and related services pursuant to this subparagraph, the board shall be responsible for such costs in an amount equal to the lesser of one hundred per cent of the costs of such education and related services or the average per pupil educational costs of such board of education for the prior fiscal year, determined in accordance with the provisions of subsection (a) of section 10-76f. The State Board of Education shall pay on a current basis, except as provided in subdivision (3) of this subsection, any costs in excess of such local or regional board's basic contributions paid by such board of education in accordance with the provisions of this subdivision. The costs for services other than educational shall be paid by the state agency which placed the child. The provisions of this subdivision shall not apply to the school districts established within the Department of Children and Families, pursuant to section 17a-37 or the Department of Correction, pursuant to section 18-99a, provided in any case in which special education is being provided at a private residential institution, including the residential components of regional educational service centers, to a child for whom no local or regional board of education can be found responsible under subsection (b) of this section, Unified School District #2 shall provide the special education and related services and be financially responsible for the reasonable costs of such special education instruction for such children. Notwithstanding the provisions of this subdivision, for the fiscal years ending June 30, 2004, to June 30, 2007, inclusive, and for the fiscal years ending June 30, 2010, to June 30, [2015] 2017, inclusive, the amount of the grants payable to local or regional boards of education in accordance with this subdivision shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this subdivision for such year.
Sec. 253. Subsection (d) of section 10-76g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(d) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2004, to June 30, 2007, inclusive, and for the fiscal years ending June 30, 2010, to June 30, [2015] 2017, inclusive, the amount of the grants payable to local or regional boards of education in accordance with this section, except grants paid in accordance with subdivision (2) of subsection (a) of this section, for the fiscal years ending June 30, 2006, and June 30, 2007, and for the fiscal years ending June 30, 2010, to June 30, [2015] 2017, inclusive, shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this section for such year.
Sec. 254. Subsection (b) of section 10-253 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(b) The board of education of the school district under whose jurisdiction a child would otherwise be attending school shall be financially responsible for the reasonable costs of education for a child placed out by the Commissioner of Children and Families or by other agencies, including, but not limited to, offices of a government of a federally recognized Native American tribe, in a private residential facility when such child requires educational services other than special education services. Such financial responsibility shall be the lesser of one hundred per cent of the costs of such education or the average per pupil educational costs of such board of education for the prior fiscal year, determined in accordance with subsection (a) of section 10-76f. Any costs in excess of the board's basic contribution shall be paid by the State Board of Education on a current basis. The costs for services other than educational shall be paid by the state agency which placed the child. Application for the grant to be paid by the state for costs in excess of the local or regional board of education's basic contribution shall be made in accordance with the provisions of subdivision (5) of subsection (e) of section 10-76d. Notwithstanding the provisions of this subsection, for the fiscal years ending June 30, 2004, to June 30, 2007, inclusive, and for the fiscal years ending June 30, 2010, to June 30, [2015] 2017, inclusive, the amount of the grants payable to local or regional boards of education in accordance with this subsection shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this subsection for such year.
Sec. 255. Subdivision (4) of subsection (a) of section 10-266m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(4) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2004, to June 30, [2015] 2017, inclusive, the amount of transportation grants payable to local or regional boards of education shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for such grants for such year.
Sec. 256. Subsection (a) of section 10-65 of the general statutes, as amended by section 8 of public act 15-215, is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) Each local or regional school district operating an agricultural science and technology education center approved by the State Board of Education for program, educational need, location and area to be served shall be eligible for the following grants: (1) In accordance with the provisions of chapter 173, through progress payments in accordance with the provisions of section 10-287i, (A) for projects for which an application was filed prior to July 1, 2011, ninety-five per cent, and (B) for projects for which an application was filed on or after July 1, 2011, eighty per cent of the net eligible costs of constructing, acquiring, renovating and equipping approved facilities to be used exclusively for such agricultural science and technology education center, for the expansion or improvement of existing facilities or for the replacement or improvement of equipment therein, and (2) subject to the provisions of section 10-65b and within available appropriations, in an amount equal to three thousand two hundred dollars per student for every secondary school student who was enrolled in such center on October first of the previous year.
Sec. 257. Subsection (g) of section 10-65 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(g) Notwithstanding the provisions of sections 10-51 and 10-222, for the fiscal [year] years ending June 30, 2015, to June 30, 2017, inclusive, any amount received by a local or regional board of education pursuant to subdivision (2) of subsection (a) of this section that exceeds the amount appropriated for education by the municipality or the amount in the budget approved by such regional board of education for purposes of said subdivision (2) of subsection (a) of this section, shall be available for use by such local or regional board of education, provided such excess amount is spent in accordance with the provisions of subdivision (2) of subsection (a) of this section.
Sec. 258. Subsection (f) of section 10-266aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(f) The Department of Education shall provide grants to regional educational service centers or local or regional boards of education for the reasonable cost of transportation for students participating in the program. For the fiscal [year] years ending June 30, [2003, and each fiscal year thereafter] 2015, to June 30, 2017, inclusive, the department shall provide such grants within available appropriations, provided the state-wide average of such grants does not exceed an amount equal to three thousand two hundred fifty dollars for each student transported, except that the Commissioner of Education may grant to regional educational service centers or local or regional boards of education additional sums from funds remaining in the appropriation for such transportation services if needed to offset transportation costs that exceed such maximum amount. The regional educational service centers shall provide reasonable transportation services to high school students who wish to participate in supervised extracurricular activities. For purposes of this section, the number of students transported shall be determined on September first of each fiscal year.
Sec. 259. (Effective July 1, 2015) (a) For the fiscal year ending June 30, 2016, the distribution of priority school district grants, pursuant to subsection (a) of section 10-266p of the general statutes, shall be as follows: (1) For priority school districts in the amount of $37,252,757, (2) for extended school building hours in the amount of $2,994,752, and (3) for school accountability in the amount of $3,499,699.
(b) For the fiscal year ending June 30, 2017, the distribution of priority school district grants, pursuant to subsection (a) of section 10-266p of the general statutes, shall be as follows: (1) For priority school districts in the amount of $38,342,720, (2) for extended school building hours in the amount of $2,994,752, and (3) for school accountability in the amount of $3,499,699.
Sec. 260. Subsection (a) of section 10-19o of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) The Commissioner of Education shall establish a program to provide grants to youth service bureaus in accordance with this section. Only youth service bureaus which were eligible to receive grants pursuant to this section for the fiscal year ending June 30, 2007, or which applied for a grant by June 30, 2012, with prior approval of the town's contribution pursuant to subsection (b) of this section, or which applied for a grant during the fiscal year ending June 30, 2015, shall be eligible for a grant pursuant to this section for any fiscal year commencing on or after July 1, 2012. Each such youth service bureau shall receive a grant of fourteen thousand dollars. The Department of Education may expend an amount not to exceed two per cent of the amount appropriated for purposes of this section for administrative expenses. If there are any remaining funds, each such youth service bureau that was awarded a grant in excess of fifteen thousand dollars in the fiscal year ending June 30, 1995, shall receive a percentage of such funds. The percentage shall be determined as follows: For each such grant in excess of fifteen thousand dollars, the difference between the amount of the grant awarded to the youth service bureau for the fiscal year ending June 30, 1995, and fifteen thousand dollars shall be divided by the difference between the total amount of the grants awarded to all youth service bureaus that were awarded grants in excess of fifteen thousand dollars for said fiscal year and the product of fifteen thousand dollars and the number of such grants for said fiscal year.
Sec. 261. Subsection (a) of section 10-223h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) The Commissioner of Education shall establish, within available appropriations, a commissioner's network of schools to improve student academic achievement in low-performing schools. [On or before July 1, 2014, the] The commissioner may select not more than twenty-five schools in any single school year that have been classified as a category four school or a category five school pursuant to section 10-223e to participate in the commissioner's network of schools. The commissioner shall issue guidelines regarding the development of turnaround plans, and such guidelines shall include, but not be limited to, annual deadlines for the submission or nonsubmission of a turnaround plan and annual deadlines for approval or rejection of turnaround plans. The commissioner shall give preference for selection in the commissioner's network of schools to such schools (1) that volunteer to participate in the commissioner's network of schools, provided the local or regional board of education for such school and the representatives of the exclusive bargaining unit for certified employees chosen pursuant to section 10-153b mutually agree to participate in the commissioner's network of schools, (2) in which an existing collective bargaining agreement between the local or regional board of education for such school and the representatives of the exclusive bargaining unit for certified employees chosen pursuant to section 10-153b will have expired for the school year in which a turnaround plan will be implemented, or (3) that are located in school districts that (A) have experience in school turnaround reform, or (B) previously received a school improvement grant pursuant to Section 1003(g) of Title I of the Elementary and Secondary Education Act, 20 USC 6301 et seq. The commissioner [shall not] may select not more than [two] five schools in any single school year from a single school district [in a single school year and shall not select more than four schools in total from a single district] to participate in the commissioner's network of schools. Each school so selected shall begin implementation of a turnaround plan, as described in subsection (d) of this section. [, not later than the school year commencing July 1, 2014.] Each school so selected shall participate in the commissioner's network of schools for three school years, and may continue such participation for an additional year, not to exceed two additional years, upon approval from the State Board of Education in accordance with the provisions of subsection (h) of this section. The commissioner shall provide funding, technical assistance and operational support to schools participating in the commissioner's network of schools and may provide financial support to teachers and administrators working at a school that is participating in the commissioner's network of schools. All costs attributable to developing and implementing a turnaround plan in excess of the ordinary operating expenses for such school shall be paid by the State Board of Education.
Sec. 262. Section 17a-248 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
As used in this section and sections 17a-248b to 17a-248g, inclusive, 38a-490a and 38a-516a, unless the context otherwise requires:
(1) "Commissioner" means the Commissioner of [Developmental Services] Early Childhood.
(2) "Council" means the State Interagency Birth-to-Three Coordinating Council established pursuant to section 17a-248b.
(3) "Early intervention services" means early intervention services, as defined in 34 CFR Part 303.13, as from time to time amended.
(4) "Eligible children" means children from birth to thirty-six months of age, who are not eligible for special education and related services pursuant to sections 10-76a to 10-76h, inclusive, and who need early intervention services because such children are:
(A) Experiencing a significant developmental delay as measured by standardized diagnostic instruments and procedures, including informed clinical opinion, in one or more of the following areas: (i) Cognitive development; (ii) physical development, including vision or hearing; (iii) communication development; (iv) social or emotional development; or (v) adaptive skills; or
(B) Diagnosed as having a physical or mental condition that has a high probability of resulting in developmental delay.
(5) "Evaluation" means a multidisciplinary professional, objective assessment conducted by appropriately qualified personnel in order to determine a child's eligibility for early intervention services.
(6) "Individualized family service plan" means a written plan for providing early intervention services to an eligible child and the child's family.
(7) "Lead agency" means the [Department of Developmental Services] Office of Early Childhood, the public agency responsible for the administration of the birth-to-three system in collaboration with the participating agencies.
(8) "Parent" means (A) a biological, adoptive or foster parent of a child; (B) a guardian, except for the Commissioner of Children and Families; (C) an individual acting in the place of a biological or adoptive parent, including, but not limited to, a grandparent, stepparent, or other relative with whom the child lives; (D) an individual who is legally responsible for the child's welfare; or (E) an individual appointed to be a surrogate parent.
(9) "Participating agencies" includes, but is not limited to, the Departments of Education, Social Services, Public Health, Children and Families and Developmental Services, the Office of Early Childhood, the Insurance Department, the Department of Rehabilitation Services and the Office of Protection and Advocacy for Persons with Disabilities.
(10) "Qualified personnel" means persons who meet the standards specified in 34 CFR Part 303.31, as from time to time amended, and who are licensed physicians or psychologists or persons holding a state-approved or recognized license, certificate or registration in one or more of the following fields: (A) Special education, including teaching of the blind and the deaf; (B) speech and language pathology and audiology; (C) occupational therapy; (D) physical therapy; (E) social work; (F) nursing; (G) dietary or nutritional counseling; and (H) other fields designated by the commissioner that meet requirements that apply to the area in which the person is providing early intervention services, provided there is no conflict with existing professional licensing, certification and registration requirements.
(11) "Service coordinator" means a person carrying out service coordination services, as defined in 34 CFR Part 303.34, as from time to time amended.
(12) "Primary care provider" means physicians and advanced practice registered nurses, licensed by the Department of Public Health, who are responsible for performing or directly supervising the primary care services for children enrolled in the birth-to-three program.
Sec. 263. Subsection (e) of section 17a-248g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(e) The commissioner shall establish and periodically revise, in accordance with this section, a schedule of fees based on a sliding scale for early intervention services. The schedule of fees shall consider the cost of such services relative to the financial resources of the state and the parents or legal guardians of eligible children, provided that on and after October 6, 2009, the commissioner shall (1) charge fees to such parents or legal guardians that are sixty per cent greater than the amount of the fees charged on the date prior to October 6, 2009; and (2) charge fees for all services provided, including those services provided in the first two months following the enrollment of a child in the program. Fees may be charged to any such parent or guardian, regardless of income, and shall be charged to any such parent or guardian with a gross annual family income of forty-five thousand dollars or more, except that no fee may be charged to the parent or guardian of a child who is eligible for Medicaid. Notwithstanding the provisions of subdivision (8) of section 17a-248, as used in this subsection, "parent" means the biological or adoptive parent or legal guardian of any child receiving early intervention services. The [Department of Developmental Services] lead agency may assign its right to collect fees to a designee or provider participating in the early intervention program and providing services to a recipient in order to assist the provider in obtaining payment for such services. The commissioner may implement procedures for the collection of the schedule of fees while in the process of adopting or amending such criteria in regulation, provided the commissioner [prints] posts notice of intention to adopt or amend the regulations [in the Connecticut Law Journal] on the eRegulations System, established pursuant to section 4-173b, within twenty days of implementing the policy. Such collection procedures and schedule of fees shall be valid until the time the final regulations or amendments are effective.
Sec. 264. Section 17a-248h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
The birth-to-three program, established under section 17a-248b and administered by the [Department of Developmental Services] Office of Early Childhood, shall provide mental health services to any child eligible for early intervention services pursuant to Part C of the Individuals with Disabilities Education Act, 20 USC 1431 et seq., as amended from time to time. Any child not eligible for services under said act shall be referred by the program to a licensed mental health care provider for evaluation and treatment, as needed.
Sec. 265. (NEW) (Effective July 1, 2015) (a) Not later than October 1, 2015, the Commissioner of Early Childhood shall require, as part of the birth-to-three program, established under section 17a-248b of the general statutes, that the parent or guardian of a child who is (1) receiving services under the birth-to-three program, and (2) exhibiting delayed speech, language or hearing development, be notified of the availability of hearing testing for such child. Such notification may include, but not be limited to, information regarding (A) the benefits of hearing testing for children, (B) the resources available to the parent or guardian for hearing testing and treatment, and (C) any financial assistance that may be available for such testing.
(b) The Commissioner of Early Childhood may adopt regulations, in accordance with chapter 54 of the general statutes, to implement the provisions of subsection (a) of this section.
Sec. 266. (Effective July 1, 2015) (a) There is established a Planning Commission for Education to develop and recommend the implementation of a strategic master plan for public education in Connecticut.
(1) The commission shall consist of the following voting members: (A) Five members appointed by the speaker of the House of Representatives, one of whom shall be a current or former superintendent of schools for a rural school district, one of whom shall be a certified teacher who is currently employed as a teacher in a public school or has retired from teaching in a public school not less than one year prior to appointment, one of whom shall be a person with knowledge and experience with students with special education needs, one of whom shall be a person with knowledge and experience in systems building and one of whom shall be a representative of an organization representing boards of education; (B) five members appointed by the president pro tempore of the Senate, one of whom shall be a current or former superintendent of schools for an urban school district in which a charter school and interdistrict magnet school are located, one of whom shall be a certified teacher who is currently employed as a teacher in a public school or has retired from teaching in a public school not less than one year prior to appointment, one of whom shall be a person with knowledge and experience regarding early childhood education, one of whom shall be a person with knowledge and experience in civil rights relating to equity, access and the quality of education and one of whom shall be a person with knowledge and experience regarding adult education; (C) two members appointed by the majority leader of the House of Representatives, one of whom shall be a current or former superintendent of schools for a regional school district and one of whom shall be a student who is enrolled in a public high school in the state; (D) two members appointed by the majority leader of the Senate, one of whom shall be a current or former superintendent of schools for a suburban school district and one of whom shall be a parent or guardian of a student who is enrolled in a public school in the state; (E) two members appointed by the minority leader of the House of Representatives, one of whom shall be a representative of a state-wide business organization and one of whom shall be a scholar who has experience and expertise in the field of education from prekindergarten to grade twelve, inclusive; (F) two members appointed by the minority leader of the Senate, one of whom shall be an entrepreneur and one of whom shall be a scholar who has experience and expertise in the field of higher education; (G) nine members appointed by the Governor, one of whom shall be a certified teacher who is currently employed as a teacher in a public school or has retired from teaching in a public school not less than one year prior to appointment, one of whom shall be a parent or guardian of a student who is enrolled in a public school in the state, one of whom shall be a person with knowledge and experience in civil rights relating to equity, access and the quality of education and one of whom shall be a person with knowledge and experience in academically advanced curriculum development; (H) the Commissioner of Education; and (I) the Commissioner of Early Childhood. The commission membership shall reflect the state's geographic, racial and ethnic diversity.
(2) The commission shall elect cochairpersons of the commission at its first meeting. Any vacancies shall be filled by the appointing authority. The commission members shall serve without compensation except for necessary expenses incurred in the performance of their duties. The commission may seek the advice and participation of any person, organization or state or federal agency it deems necessary to carry out the provisions of this section. The commission may, within available appropriations, retain consultants to assist in carrying out its duties. The commission may receive funds from any public or private sources to carry out its activities.
(b) The commission shall articulate a clear vision and mission for developing a sustainable, equitable and high-quality public education system that coordinates the components of education reform, clarifies how such components of education reform work together and provides every child with access to an educational experience that meets such child's needs. The commission shall develop and recommend the implementation of a strategic master plan to carry out such vision and mission.
(1) In developing the strategic master plan, the commission shall address the following issues: (A) How to better organize the state public education system to streamline various and disparate mandates, initiatives and reforms that may compete with the articulated vision and mission; (B) the manner in which the public education system utilizes data and supports to inform and improve the provision of education in the state; (C) the extent to which the accountability system assesses the most worthy outcomes of public education; and (D) the identification and analysis of the most significant factors that effect and support the most worthy outcomes of public education for all students, including, but not limited to, poverty, socioeconomic and racial isolation, language barriers and parental engagement in a student's education.
(2) In addressing the issues described in subdivision (1) of this subsection, the commission shall consider: (A) What are the most worthy outcomes of public education and what means can be taken to achieve such outcomes; (B) the extent to which the public education system prepares students to meet the challenges of work, citizenship and life upon graduation; (C) strategies to develop state-wide education leadership goals and to enhance education leadership in conformance with such goals; (D) ways to ensure effective communication and partnership between school districts and the families of children who attend public school in such school district, with particular focus on diversity; (E) ways to share best practices within the public education system, including, but not limited to, learning across methodologies, models and structures of educational excellence; (F) what innovations are necessary to excel in both competitiveness and character; (G) the extent to which the public education system empowers students and educators to excel, innovate and build on strengths; and (H) best practices that ensure high quality instruction and promote continuous systemic improvement.
(3) The commission shall also examine and recommend changes to funding policies, practices and accountability in order to (A) align such funding policies, practices and accountability with the strategic master plan, (B) ensure that all school districts receive equitable funding from the state, and (C) determine and recommend measures to promote the adoption of ways in which resources can be most effectively utilized.
(c) (1) Not later than April 15, 2016, the commission shall submit a preliminary report on the development of the strategic master plan together with any recommendations for appropriate legislation and funding to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations, in accordance with the provisions of section 11-4a of the general statutes.
(2) Not later than February 15, 2017, the commission shall submit the strategic master plan, including specific goals and benchmarks for implementation, together with any recommendations for appropriate legislation and funding to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations, in accordance with the provisions of section 11-4a of the general statutes. The commission shall terminate on the date that it submits the strategic master plan or February 15, 2017, whichever is later.
Sec. 267. (NEW) (Effective July 1, 2015) For the fiscal year ending June 30, 2016, and each fiscal year thereafter, the Department of Education shall submit an annual report regarding federal funds received pursuant to the federal Individuals with Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time, to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes. Such report shall include, but need not be limited to: (1) The total amount of federal funds received pursuant to said Individuals with Disabilities Education Act, (2) the total amount of such federal funds paid by the department to local and regional boards of education, (3) the total amount of such federal funds paid by the department to each local or regional board of education, and (4) a description of how such federal funds are being spent, including, but not limited to, which programs are receiving such federal funds from the department.
Sec. 268. (Effective July 1, 2015) The Department of Social Services shall conduct a study of the feasibility of compiling an annual report regarding federal funds received through the Medicaid program for the purpose of funding special education and related services. The study shall examine how the department would include the following components in such annual report: (1) The total amount of federal funds received through the Medicaid School Based Child Health Program for the purpose of funding special education and related services, (2) the total amount of such Medicaid School Based Child Health Program funds paid by the department for the purpose of funding special education and related services, (3) the total amount of such Medicaid School Based Child Health Program funds paid by the department to each provider of special education and related services, and (4) a description of how such Medicaid School Based Child Health Program funds are being spent, including, but not limited to, a description of which programs are receiving such Medicaid School Based Child Health Program funds from the department. Not later than January 1, 2016, the department shall submit such study to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 269. (NEW) (Effective July 1, 2015) (a) The State Board of Education, in collaboration with the Bureau of Rehabilitation Services, the Department of Developmental Services and the Office of Workforce Competitiveness, shall: (1) Coordinate the provision of transition resources, services and programs to children requiring special education and related services, (2) create, and update as necessary, a fact sheet that lists the state agencies that provide transition resources, services and programs and a brief description of such transition resources, services and programs and disseminate such fact sheet to local and regional boards of education for distribution to parents, teachers, administrators and boards of education, and (3) annually collect information related to transition resources, programs and services provided by other state agencies and make such information available to parents, teachers, administrators and boards of education.
(b) For the school year commencing July 1, 2016, and each school year thereafter, the State Board of Education shall distribute the information described in subdivision (2) of subsection (a) of this section to each local or regional board of education. Each local or regional board of education shall annually distribute such information to the parent of a child requiring special education and related services in grades six to twelve, inclusive, at a planning and placement team meeting for such child. As used in this section, "parent" means the parent or guardian of a child requiring special education or the surrogate parent or, in the case of a pupil who is an emancipated minor or eighteen years of age or older, the pupil.
Sec. 270. (Effective July 1, 2015) (a) The Commissioner of Education, in consultation with the Individualized Education Program Advisory Council established pursuant to section 271 of this act, shall develop a new individualized education program form that is easier for practitioners to use and easier for parents and students to understand. Such individualized education program form shall include a brief description of, and contact information for, the parent training and information center for Connecticut established pursuant to the Individuals with Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time, and the Bureau of Special Education within the Department of Education in a conspicuous place on the first page of the individualized education program form using at least twelve-point Times New Roman font.
(b) Not later than January 1, 2017, the commissioner shall submit the new individualized education program form developed pursuant to this section to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 271. (Effective July 1, 2015) (a) There is established an Individualized Education Program Advisory Council that shall assist the Commissioner of Education in the development of a new individualized education program form that is easier for practitioners to use and easier for parents and students to understand, pursuant to section 270 of this act.
(b) The advisory council shall consist of the following members:
(1) Two members appointed by the speaker of the House of Representatives, one of whom shall be an advocate for parents or guardians of children requiring special education and related services and one of whom shall be a special education teacher in a public school who is a member of the American Federation of Teachers-Connecticut;
(2) Two members appointed by the president pro tempore of the Senate, one of whom shall be a superintendent of schools and one of whom shall be a representative of the Connecticut State Advisory Committee on Special Education;
(3) Two members appointed by the majority leader of the House of Representatives, one of whom shall be a principal of a public school and one of whom shall be a teacher in a public school who is a member of the Connecticut Education Association;
(4) Two members appointed by the majority leader of the Senate, one of whom shall be an advocate for parents or guardians of children requiring special education and related services and one of whom shall be a representative of the RESC Alliance;
(5) Two members appointed by the minority leader of the House of Representatives, one of whom shall be a director of pupil personnel and one of whom shall be a representative of the State Education Resource Center, established pursuant to section 10-357a of the general statutes;
(6) Two members appointed by the minority leader of the Senate, one of whom shall be a representative of the Connecticut Association of Boards of Education and one of whom shall be a representative of the American School for the Deaf; and
(7) The Commissioner of Education, or the commissioner's designee.
(c) All appointments to the advisory council, pursuant to subsection (b) of this section, shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.
(d) The Commissioner of Education may appoint any employee of the Department of Education with expertise in special education to serve as a nonvoting member of the council.
(e) The speaker of the House of Representatives and the president pro tempore of the Senate shall select the chairpersons of the advisory council from among the members of the advisory council. Such chairpersons shall schedule the first meeting of the advisory council, which shall be held not later than sixty days after the effective date of this section.
(f) The State Education Resource Center, established pursuant to section 10-357a of the general statutes, shall provide administrative support to the advisory council.
(g) The advisory council shall terminate on the date that the Commissioner of Education submits the new individualized education program form to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 270 of this act, or January 1, 2017, whichever is later.
Sec. 272. (Effective July 1, 2015) (a) Except as otherwise provided in subsection (e) of this section, the Department of Education shall (1) purchase, in accordance with the provisions of section 4a-57 of the general statutes, a digital individualized education program form software for purposes of creating, submitting and sharing digital copies of a student's individualized education program and related documents among authorized users, and (2) provide such digital individualized education program form software at no cost to local and regional boards of education and the technical high school system.
(b) On or before October 1, 2015, the department shall issue a request for proposals to eligible software companies for the purchase of the digital individualized education program form software. Such request for proposals shall require that the digital individualized education program form software: (1) Allow authorized users to create and submit a complete digital copy of a student's individualized education program and related documents to the portal and share such digital copy with (A) the department for purposes of conducting a remote audit; and (B) a local or regional board of education or the technical high school system in a case where the student may transfer, (2) provide twenty-four-hour access for an unlimited number of authorized users to use the digital individualized education program form software, (3) provide an electronic catalog of goals and objectives aligned with the curriculum standards adopted by the State Board of Education, (4) allow local and regional boards of education and the technical high school system to purchase additional programs to supplement the digital individualized education program form software, and (5) protect a student's individual education program and related documents that are created, submitted and shared using the digital individualized education program form software from unauthorized access, destruction, use, modification or disclosure in accordance with current industry standards.
(c) When evaluating the responses to the request for proposals and selecting a digital individualized education program form software, the department shall consider the types of digital individualized education program form software currently used and successfully implemented by local and regional boards of education and the technical high school system.
(d) For the school year commencing July 1, 2016, and each school year thereafter, if the department purchases a digital individualized education program under this section, the department shall provide such digital individualized education program form software to fifty per cent of the local and regional boards of education and to fifty per cent of the technical high schools under the jurisdiction of the technical high school system. For the school year commencing July 1, 2017, and each school year thereafter, the department shall provide the digital individualized education program form software to the remaining fifty per cent of the local and regional boards of education and to the remaining fifty per cent of the technical high schools under the jurisdiction of the technical high school system.
(e) The department shall not be required to purchase a digital individualized education program form software under this section if the department is unable to select a digital individualized education program form software because (1) none of the digital individualized education program form software included in the responses to the request for proposals satisfy the requirements described in subsection (b) of this section, or (2) the cost of a digital individualized education program form software included in the responses to the request for proposals exceeds the amount appropriated for the purchase of a digital individualized education program form software. If the department does not purchase a digital individualized education program form software, then the department shall conduct a study of the feasibility of the department creating and administering its own digital individualized education form software for the purposes described in subsection (a) of this section. Not later than April 1, 2016, the department shall submit such study to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 273. (NEW) (Effective July 1, 2015) (a) The Department of Education shall provide a digital individualized education program form software at no cost to local and regional boards of education and the technical high school system in accordance with section 272 of this act. Such digital individualized education program form software shall permit local and regional boards of education and the technical high school system to create and submit a complete digital copy of a student's individualized education program and related documents to (1) the department for purposes of conducting a remote audit, and (2) a local or regional board of education or the technical high school system in which such student has transferred to.
(b) A local and regional board of education and the technical high school system shall use the digital individualized education program form software when such software is provided by the department, except as otherwise provided in subsection (c) of this section.
(c) Nothing in this section shall affect or impair any agreement entered into between a local or regional board of education or the technical high school system and a software company for purposes of creating and sharing digital copies of a student's individualized education program and related documents prior to the department providing a digital individualized education program form software to such local or regional board of education or such technical high school system pursuant to subsection (a) of this section. When any such agreement terminates or expires, the local or regional board of education or the technical high school system, as applicable, shall use the digital individualized education program form software provided by the department.
Sec. 274. (Effective July 1, 2015) The State Education Resource Center, established pursuant to section 10-357a of the general statutes, shall conduct a study regarding assistive technology equipment sharing programs. Such study shall examine (1) existing assistive technology equipment sharing programs in the state, (2) the effectiveness and capacity of such existing assistive technology equipment sharing programs, (3) whether local and regional boards of education have access to at least one assistive technology equipment sharing program, and (4) how to create a plan that would make assistive technology equipment sharing programs available to local and regional boards of education who do not have access to assistive technology equipment sharing programs. Not later than January 1, 2016, the State Education Resource Center shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 275. (NEW) (Effective July 1, 2015) The Department of Education shall provide, upon request, complete and accurate information regarding special education programs and services offered by the state, local and regional boards of education, regional educational service centers and other providers, provided such information is not otherwise prohibited from disclosure under state or federal law, to organizations that represent and provide services to parents and guardians of children requiring special education and related services.
Sec. 276. (NEW) (Effective July 1, 2015) (a) The State Education Resource Center, established pursuant to section 10-357a of the general statutes, shall accept notices of events submitted to the center by special education advocacy groups, local and regional boards of education, regional education service centers and other providers of special education services for the purpose of maintaining a calendar of learning and training opportunities for the public regarding the provision of special education programs and services, except the center may exclude any notice of an event that the center determines is not a legitimate learning or training opportunity for the public. Such calendar may be made available on the center's Internet web site.
(b) The Connecticut Parent Advocacy Center may reproduce and share the calendar described in subsection (a) of this section.
(c) The Department of Education shall post a link to the calendar described in subsection (a) of this section in a conspicuous location on the department's Internet web site.
Sec. 277. (Effective July 1, 2015) (a) There is established a regional educational service center special education funding working group. The working group shall: (1) Study the funding provided to and expenditures of regional educational service centers for the provision of special education and related services, including, but not limited to, the sources of special education funds received by regional educational service centers and the ways in which regional educational service centers use such funds to provide special education and related services, and (2) make recommendations regarding how regional educational service centers can access additional special education funding and use such funds more efficiently and in ways that expand the provision of special education services, such as transportation, training and therapeutic services.
(b) The working group shall consist of the following members:
(1) Two members appointed by the speaker of the House of Representatives, one of whom shall be a member of the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and one of whom shall be a representative of the Capitol Region Education Council;
(2) Two members appointed by the president pro tempore of the Senate, one of whom shall be a chief executive officer of a town, city or borough in this state and one of whom shall be a representative of the Area Cooperative Educational Services;
(3) Two members appointed by the majority leader of the House of Representatives, one of whom shall be a director of pupil personnel and one of whom shall be a representative of Education Connection;
(4) Two members appointed by the majority leader of the Senate, one of whom shall be a superintendent of schools and one of whom shall be a representative of LEARN;
(5) Two members appointed by the minority leader of the House of Representatives, one of whom shall be a representative of the Connecticut Association of School Business Officials and one of whom shall be a representative of EASTCONN;
(6) Two members appointed by the minority leader of the Senate, one of whom shall be a representative from the Connecticut Association of Boards of Education and one of whom shall be a representative of Cooperative Educational Services;
(7) The Secretary of the Office of Policy and Management, or the secretary's designee; and
(8) The Commissioner of Education, or the commissioner's designee.
(c) All appointments to the working group shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.
(d) The chairpersons of the working group shall be (1) a member of the working group jointly selected by the speaker of the House of Representatives and the president pro tempore of the Senate, and (2) the Commissioner of Education, or the commissioner's designee. Such chairpersons shall schedule the first meeting of the working group, which shall be held not later than sixty days after the effective date of this section.
(e) The RESC Alliance shall provide administrative support to the working group.
(f) Not later than July 1, 2016, the working group shall submit a report on its findings and recommendations related to special education funding for and expenditures of regional educational service centers, as described in subdivision (1) of subsection (a) of this section, to the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations, in accordance with the provisions of section 11-4a of the general statutes. The working group shall terminate on the date that it submits such report or July 1, 2016, whichever is later.
Sec. 278. (Effective July 1, 2015) (a) Each regional educational service center shall develop, in consultation with the Department of Education, a regional model for the provision of special education services related to transportation, training and therapeutic services to be used for the provision of such special education services to all school districts served by such regional educational service center. Each regional model shall take into account the least restrictive environment for students receiving special education and related services and include (1) a regional transportation plan, developed in consultation with public transit districts, that provides transportation to children requiring special education and related services, (2) a regional educator training plan that provides special education training to teachers, school paraprofessionals and administrators that includes, but need not be limited to, instruction regarding classroom techniques to improve the provision of special education and related services to children and the implementation of scientific research-based interventions, (3) a regional plan for the provision of therapeutic services, including, but not limited to, speech therapy, physical therapy and occupational therapy, and (4) a plan for the provision of transportation, training and therapeutic services in a manner that makes such services readily available to each school district served by the regional educational service center rather than by request of a school district.
(b) Not later than October 1, 2016, each regional educational service center shall submit such model to the State Board of Education and the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 279. Subsection (d) of section 10-145b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(d) (1) On and after July 1, 2016, in order to be eligible to obtain an initial educator certificate, each person shall be required to complete (A) a course of study in special education comprised of not fewer than thirty-six hours, which shall include an understanding of the growth and development of exceptional children, including handicapped and gifted and talented children and children who may require special education, and methods for identifying, planning for and working effectively with special needs children in a regular classroom, and (B) a course or courses of study in special education relating to instruction on classroom techniques in reading, differentiated instruction, social-emotional learning, cultural competencies and assistive technology. The provisions of this subdivision shall not apply to any person who has been issued an initial educator certificate prior to July 1, 2016.
[(d) In] (2) On and after July 1, 2016, in order to be eligible to obtain a [provisional teaching certificate, a] provisional educator certificate, [or an initial educator certificate,] each person shall be required to complete a course of study in special education comprised of not fewer than thirty-six hours, which shall include an understanding of the growth and development of exceptional children, including handicapped and gifted and talented children and children who may require special education, and methods for identifying, planning for and working effectively with special needs children in a regular classroom.
(3) Notwithstanding the provisions of this subsection to the contrary, each applicant for such certificates who has met all requirements for certification except the completion of the course in special education shall be entitled to a certificate [(1)] (A) for a period not to exceed one year, provided the applicant completed a teacher preparation program either in the state prior to July 1, 1987, or outside the state, or completed the necessary combination of professional experience or coursework as required by the State Board of Education or [(2)] (B) for a period not to exceed two years if the applicant applies for certification in an area for which a bachelor's degree is not required.
Sec. 280. Subsection (a) of section 10-76d of the general statutes, as amended by section 8 of public act 15-141 and section 1 of public act 15-209, is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) (1) In accordance with the regulations and procedures established by the Commissioner of Education and approved by the State Board of Education, each local or regional board of education shall provide the professional services requisite to identification of children requiring special education, identify each such child within its jurisdiction, determine the eligibility of such children for special education pursuant to sections 10-76a to 10-76h, inclusive, prescribe appropriate educational programs for eligible children, maintain a record thereof and make such reports as the commissioner may require. No child may be required to obtain a prescription for a substance covered by the Controlled Substances Act, 21 USC 801 et seq., as amended from time to time, as a condition of attending school, receiving an evaluation under section 10-76ff or receiving services pursuant to sections 10-76a to 10-76h, inclusive, or the Individuals with Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time.
(2) Any local or regional board of education, through the planning and placement team established in accordance with regulations adopted by the State Board of Education under this section, may determine a child's Medicaid enrollment status. In determining Medicaid enrollment status, the planning and placement team shall: (A) Inquire of the parents or guardians of each such child whether the child is enrolled in or may be eligible for Medicaid; and (B) if the child may be eligible for Medicaid, request that the parent or guardian of the child apply for Medicaid. For the purpose of determining Medicaid rates for Medicaid eligible special education and related services based on a representative cost sampling method, the board of education shall make available documentation of the provision and costs of Medicaid eligible special education and related services for any students receiving such services, regardless of an individual student's Medicaid enrollment status, to the Commissioner of Social Services or to the commissioner's authorized agent at such time and in such manner as prescribed. For the purpose of determining Medicaid rates for Medicaid eligible special education and related services based on an actual cost method, the local or regional board of education shall submit documentation of the costs and utilization of Medicaid eligible special education and related services for all students receiving such services to the Commissioner of Social Services or to the commissioner's authorized agent at such time and in such manner as prescribed. The commissioner or such agent may use information received from local or regional boards of education for the purposes of (i) ascertaining students' Medicaid eligibility status, (ii) submitting Medicaid claims, (iii) complying with state and federal audit requirements, and (iv) determining Medicaid rates for Medicaid eligible special education and related services. No child shall be denied special education and related services in the event the parent or guardian refuses to apply for Medicaid.
(3) Beginning with the fiscal year ending June 30, 2004, the Commissioner of Social Services shall make grant payments to local or regional boards of education in amounts representing fifty per cent of the federal portion of Medicaid claims processed for Medicaid eligible special education and related services provided to Medicaid eligible students in the school district. Beginning with the fiscal year ending June 30, 2009, the commissioner shall exclude any enhanced federal medical assistance percentages in calculating the federal portion of such Medicaid claims processed. Such grant payments shall be made on at least a quarterly basis and may represent estimates of amounts due to local or regional boards of education. Any grant payments made on an estimated basis, including payments made by the Department of Education for the fiscal years prior to the fiscal year ending June 30, 2000, shall be subsequently reconciled to grant amounts due based upon filed and accepted Medicaid claims and Medicaid rates. If, upon review, it is determined that a grant payment or portion of a grant payment was made for ineligible or disallowed Medicaid claims, the local or regional board of education shall reimburse the Department of Social Services for any grant payment amount received based upon ineligible or disallowed Medicaid claims.
(4) Pursuant to federal law, the Commissioner of Social Services, as the state's Medicaid agent, shall determine rates for Medicaid eligible special education and related services pursuant to subdivision (2) of this subsection. The Commissioner of Social Services may request and the Commissioner of Education and towns and regional school districts shall provide information as may be necessary to set such rates.
(5) Based on school district special education and related services expenditures, the state's Medicaid agent shall report and certify to the federal Medicaid authority the state match required by federal law to obtain Medicaid reimbursement of eligible special education and related services costs.
(6) Payments received pursuant to this section shall be paid to the local or regional board of education which has incurred such costs in addition to the funds appropriated by the town to such board for the current fiscal year.
(7) The planning and placement team shall, in accordance with the provisions of the Individuals With Disabilities Education Act, 20 USC 1400, et seq., as amended from time to time, develop and update annually a statement of transition service needs for each child requiring special education.
(8) (A) Each local and regional board of education responsible for providing special education and related services to a child or pupil shall notify the parent or guardian of a child who requires or who may require special education, a pupil if such pupil is an emancipated minor or eighteen years of age or older who requires or who may require special education or a surrogate parent appointed pursuant to section 10-94g, in writing, at least five school days before such board proposes to, or refuses to, initiate or change the child's or pupil's identification, evaluation or educational placement or the provision of a free appropriate public education to the child or pupil.
(B) Upon request by a parent, guardian, pupil or surrogate parent, the responsible local or regional board of education shall provide such parent, guardian, pupil or surrogate parent an opportunity to meet with a member of the planning and placement team designated by such board prior to the referral planning and placement team meeting at which the assessments and evaluations of the child or pupil who requires or may require special education is presented to such parent, guardian, pupil or surrogate parent for the first time. Such meeting shall be for the sole purpose of discussing the planning and placement team process and any concerns such parent, guardian, pupil or surrogate parent has regarding the child or pupil who requires or may require special education.
(C) Such parent, guardian, pupil or surrogate parent shall (i) be given at least five school days' prior notice of any planning and placement team meeting conducted for such child or pupil, [and shall] (ii) have the right to be present at and participate in all portions of such meeting at which an educational program for such child or pupil is developed, reviewed or revised, and (iii) have the right to have advisors of such person's own choosing and at such person's own expense, and to have the school paraprofessional assigned to such child or pupil, if any, to be present at and to participate in all portions of such meeting at which an educational program for such child or pupil is developed, reviewed or revised.
(D) Immediately upon the formal identification of any child as a child requiring special education and at each planning and placement team meeting for such child, the responsible local or regional board of education shall inform the parent or guardian of such child or surrogate parent or, in the case of a pupil who is an emancipated minor or eighteen years of age or older, the pupil of (i) the laws relating to special education, (ii) the rights of such parent, guardian, surrogate parent or pupil under such laws and the regulations adopted by the State Board of Education relating to special education, including the right of a parent, guardian or surrogate parent to (I) withhold from enrolling such child in kindergarten, in accordance with the provisions of section 10-184, and (II) have advisors and the school paraprofessional assigned to such child or pupil to be present at, and to participate in, all portions of such meeting at which an educational program for such child or pupil is developed, reviewed or revised, in accordance with the provisions of subparagraph (C) of this subdivision, and (iii) any relevant information and resources relating to individualized education programs created by the Department of Education, including, but not limited to, information relating to transition resources and services for high school students. If such parent, guardian, surrogate parent or pupil does not attend a planning and placement team meeting, the responsible local or regional board of education shall mail such information to such person.
(E) Each local and regional board of education shall have in effect at the beginning of each school year an educational program for each child or pupil who has been identified as eligible for special education.
(F) At each initial planning and placement team meeting for a child or pupil, the responsible local or regional board of education shall inform the parent, guardian, surrogate parent or pupil of the laws relating to physical restraint and seclusion pursuant to section 1 of [this act] public act 15-141 and the rights of such parent, guardian, surrogate parent or pupil under such laws and the regulations adopted by the State Board of Education relating to physical restraint and seclusion.
(G) Upon request by a parent, guardian, pupil or surrogate parent, the responsible local or regional board of education shall provide the results of the assessments and evaluations used in the determination of eligibility for special education for a child or pupil to such parent, guardian, surrogate parent or pupil at least three school days before the referral planning and placement team meeting at which such results of the assessments and evaluations will be discussed for the first time.
(9) Notwithstanding any provision of the general statutes, for purposes of Medicaid reimbursement, when recommended by the planning and placement team and specified on the individualized education program, a service eligible for reimbursement under the Medicaid program shall be deemed to be authorized by a practitioner of the healing arts under 42 CFR 440.130, provided such service is recommended by an appropriately licensed or certified individual and is within the individual's scope of practice. Certain items of durable medical equipment, recommended pursuant to the provisions of this subdivision, may be subject to prior authorization requirements established by the Commissioner of Social Services. Diagnostic and evaluation services eligible for reimbursement under the Medicaid program and recommended by the planning and placement team shall also be deemed to be authorized by a practitioner of the healing arts under 42 CFR 440.130 provided such services are recommended by an appropriately licensed or certified individual and are within the individual's scope of practice.
(10) The Commissioner of Social Services shall implement the policies and procedures necessary for the purposes of this subsection while in the process of adopting such policies and procedures in regulation form, provided notice of intent to adopt the regulations is published in the Connecticut Law Journal within twenty days of implementing the policies and procedures. Such policies and procedures shall be valid until the time final regulations are effective.
Sec. 281. (NEW) (Effective July 1, 2015) (a) As used in this section and sections 282 and 284 of this act, "private provider of special education services" means any private school or private agency or institution, including a group home, that receives any state or local funds as a result of providing special education services to any student with an individualized education program or for whom an individual services plan has been written by the local or regional board of education responsible for educating such student.
(b) In accomplishing their duties as set forth in section 7-396a of the general statutes and in accordance with the authority granted under chapter 111 of the general statutes, the Auditors of Public Accounts shall act as an agent of a local or regional board of education for the purposes of conducting an audit to examine the records and accounts of any private provider of special education services that (1) has entered into an agreement with a local or regional board of education, pursuant to section 10-76d of the general statutes, as amended by this act, or (2) receives any state or local funds to provide special education and related services, in connection with any grant made by any state agency pursuant to any section of the general statutes or any public or special act. Such examination shall include a compliance audit of whether such state or local funds to provide special education and related services have been expended for allowable costs, in accordance with state and federal law and the individualized education program or individual services plan for each child receiving special education and related services from such private provider of special education services.
(c) The Auditors of Public Accounts shall conduct the audit described in subsection (b) of this section as follows: (1) At least once for each private provider of special education services during a period of seven years, except that no private provider of special education services shall have its records and accounts so examined more than once during such five-year period, unless the auditors have found a problem with the records and accounts of such private provider of special education services during such five-year period; (2) as practical, approximately half of such audits conducted in a year shall be of private providers of special education services approved by the Department of Education and approximately half of such audits conducted in such year shall be of private providers of special education services not approved by the Department of Education; and (3) priority of conducting such audits, as practical, shall be given to those private providers of special education services (A) that receive the greatest total amount of state or local funds for the provision of special education services to students, (B) that provide special education services to the highest number of students for whom an individual services plan has been written by a local or regional board of education, and (C) that have a highest proportion of state and local funds for the provision of special education services in relation to their total operational expenses.
(d) The Auditors of Public Accounts may (1) consult the Department of Education during the course of an audit described in subsection (b) of this section for the purposes of conducting such audit, and (2) share any preliminary audit findings with the department.
(e) The Auditors of Public Accounts shall report their findings to (1) the local or regional board of education that has entered into an agreement with the private provider of special education services, pursuant to section 10-76d of the general statutes, as amended by this act, or that has completed an individualized education program or individual services plan for a student receiving special education and related services from a private provider of special education services, (2) the Commissioner of Education, and (3) the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 282. (NEW) (Effective July 1, 2015) Each local and regional board of education shall annually provide to the Auditors of Public Accounts (1) the number of students under the jurisdiction of such board of education who receive special education and related services from a private provider of special education services, as defined in section 281 of this act, and (2) the amount of money paid to such private providers of special education services by the board during the previous fiscal year.
Sec. 283. Section 2-90 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) The Auditors of Public Accounts shall organize the work of their office in such manner as they deem most economical and efficient and shall determine the scope and frequency of any audit they conduct.
(b) Said auditors, with the Comptroller, shall, at least annually and as frequently as they deem necessary, audit the books and accounts of the Treasurer, including, but not limited to, trust funds, as defined in section 3-13c, and certify the results to the Governor. The auditors shall, at least annually and as frequently as they deem necessary, audit the books and accounts of the Comptroller and certify the results to the Governor. They shall examine and prepare certificates of audit with respect to the financial statements contained in the annual reports of the Treasurer and Comptroller, which certificates shall be made part of such annual reports. In carrying out their responsibilities under this section, said auditors may retain independent auditors to assist them.
(c) Said auditors shall audit, on a biennial basis if deemed most economical and efficient, or as frequently as they deem necessary, the books and accounts of each officer, department, commission, board and court of the state government, all institutions supported by the state and all public and quasi-public bodies, politic and corporate, created by public or special act of the General Assembly and not required to be audited or subject to reporting requirements, under the provisions of chapter 111. Each such audit may include an examination of performance in order to determine effectiveness in achieving expressed legislative purposes. The auditors shall report their findings and recommendations to the Governor, the State Comptroller, 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.
(d) The Auditors of Public Accounts may enter into such contractual agreements as may be necessary for the discharge of their duties. Any audit or report which is prepared by a person, firm or corporation pursuant to any contract with the Auditors of Public Accounts shall bear the signature of the person primarily responsible for the preparation of such audit or report. As used in this subsection, the term "person" means a natural person.
(e) If the Auditors of Public Accounts discover, or if it should come to their knowledge, that any unauthorized, illegal, irregular or unsafe handling or expenditure of state funds or any breakdown in the safekeeping of any resources of the state has occurred or is contemplated, they shall forthwith present the facts to the Governor, the State Comptroller, the clerk of each house of the General Assembly, the Legislative Program Review and Investigations Committee and the Attorney General. Any Auditor of Public Accounts neglecting to make such a report, or any agent of the auditors neglecting to report to the Auditors of Public Accounts any such matter discovered by him or coming to his knowledge shall be fined not more than one hundred dollars or imprisoned not more than six months or both.
(f) All reports issued or made pursuant to this section shall be retained in the offices of the Auditors of Public Accounts for a period of not less than five years. The auditors shall file one copy of each such report with the State Librarian.
(g) Each state agency shall keep its accounts in such form and by such methods as to exhibit the facts required by said auditors and, the provisions of any other general statute notwithstanding, shall make all records and accounts available to them or their agents, upon demand.
(h) Where there are statutory requirements of confidentiality with regard to such records and accounts or examinations of nongovernmental entities which are maintained by a state agency, such requirements of confidentiality and the penalties for the violation thereof shall apply to the auditors and to their authorized representatives in the same manner and to the same extent as such requirements of confidentiality and penalties apply to such state agency. In addition, the portion of (1) any audit or report prepared by the Auditors of Public Accounts that concerns the internal control structure of a state information system or the identity of an employee who provides information regarding alleged fraud or weaknesses in the control structure of a state agency that may lead to fraud, or (2) any document that may reveal the identity of such employee, shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200.
(i) Said auditors shall audit, in accordance with the provisions of section 281 of this act, the records and accounts of any private provider of special education services, as defined in said section.
Sec. 284. (NEW) (Effective July 1, 2015) Each private provider of special education services, as defined in section 281 of this act, shall submit to an audit conducted by the Auditors of Public Accounts pursuant to section 281 of this act and provide access to all records and accounts necessary to said auditors for purposes of conducting such audit.
Sec. 285. (NEW) (Effective July 1, 2015) (a) The Department of Education shall enter into memoranda of understanding with the Bureau of Rehabilitation Services, the Office of Early Childhood and the Departments of Developmental Services, Children and Families, Social Services and Correction regarding the provision of special education and related services to children, including, but not limited to, education, healthcare and transition services. Such memoranda of understanding shall account for current programs and services, utilize best practices and be updated or renewed at least every five years.
(b) The Bureau of Rehabilitation Services, the Office of Early Childhood and the Departments of Developmental Services, Children and Families, Social Services and Correction shall, as necessary, enter into memoranda of understanding regarding the provision of special education and related services to children as such services relate to one another. Such memoranda of understanding shall account for current programs and services, utilize best practices and be updated or renewed at least every five years.
Sec. 286. (Effective July 1, 2015) The State Education Resource Center, established pursuant to section 10-357a of the general statutes, shall conduct a study regarding the collection, assimilation and reporting on longitudinal student data related to special education outcomes. Such study shall include:
(1) An examination of the feasibility of (A) expanding the Preschool through 20 and Workforce Information Network to include the participation of the Department of Developmental Services and the Bureau of Rehabilitation Services, and (B) utilizing the Preschool through 20 and Workforce Information Network to create an annual report regarding data related to students who received special education and who have exited the public school system, including data related to subsequent employment and participation in state programs, at regular intervals over a ten-year period following such students' exit from the public school system, and (2) a projection of the costs related to such expansion of the Preschool through 20 and Workforce Information Network to include the Department of Developmental Services and the Bureau of Rehabilitation Services and creating such annual report. Not later than January 1, 2016, the center shall submit a report on its findings to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 287. (NEW) (Effective July 1, 2015) Not later than July 1, 2016, each regional educational service center shall conduct, in consultation with the Department of Education, a survey of special education services and programs provided in the region serviced by the regional educational service center for the purpose of identifying the need for enhanced or new special education services and programs provided by the regional educational service center. Such survey shall include, but need not be limited to, (1) an inventory of special education services and programs provided by local and regional boards of education and private providers to public school students, (2) the number of students receiving special education services or in special education programs provided by a local or regional board of education or private provider, (3) the total cost incurred by each school district for all such special education services and programs, and (4) the cost incurred by each school district for each such special education service and program. Each regional educational service center shall develop and maintain its own survey procedure and may conduct subsequent surveys as necessary.
Sec. 288. (Effective July 1, 2015) Each regional educational service center shall study the feasibility of such regional educational service center providing and administering new special education services and programs that are of equal or greater quality than those currently provided by local or regional boards of education or private providers in the region serviced by such regional educational service center. The feasibility study shall (1) identify new and current special education services and programs provided by the regional educational service center, (2) take into account (A) the least restrictive environment for students receiving special education and related services, and (B) the areas of need identified in the survey conducted pursuant to section 287 of this act, (3) include a consideration of the infrastructure, planning, personnel, funding and additional needs required to initiate and maintain special education services and programs provided by the regional educational service center, and (4) include recommendations for sites for future special education services and programs provided by the regional education service center and a timeline for the implementation of such special education services and programs. Not later than October 1, 2016, each regional educational service center shall submit such feasibility study to the State Board of Education and the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 289. Section 10-17f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) Annually, the board of education for each local and regional school district shall ascertain, in accordance with regulations adopted by the State Board of Education, the eligible students in such school district and shall classify such students according to their dominant language.
(b) Whenever it is ascertained that there are in any public school within a local or regional school district twenty or more eligible students classified as dominant in any one language other than English, the board of education of such district shall provide a program of bilingual education for such eligible students for the school year next following. Eligible students shall be placed in such program in accordance with subsection (e) of this section.
(c) On or before July 1, 2000, the State Board of Education, within available appropriations, shall develop a state English mastery standard to assess the linguistic and academic progress of students in programs of bilingual education. On and after September 1, 2000, each local and regional board of education shall assess, annually, the progress made by each student toward meeting the state standard. If a student is not making sufficient progress toward meeting the state standard based on the assessment, the local or regional board of education shall provide language support services to the student in consultation with the parent or guardian of the student to allow the student to meet the state standard. Such services may include, but need not be limited to, summer school, after-school assistance and tutoring. If a student meets the state standard based on the assessment, the student shall leave the program. Each local and regional board of education shall document on a student's permanent record the date the student begins in a program of bilingual education and the date and results of the assessments required pursuant to this subsection.
(d) Each local and regional board of education shall limit the time an eligible student spends in a program of bilingual education to thirty months, whether or not such months are consecutive, except that such time period may be extended in accordance with this section and summer school and any two-way language programs established pursuant to subsection (i) of this section shall not be counted. An eligible student may spend up to an additional thirty months in a program of bilingual education if (1) the local or regional board of education responsible for educating such student requests an extension of such bilingual education for such student to the Department of Education, or (2) the Department of Education makes a determination that an extension of such bilingual education for such student is necessary. The department shall use the standards developed pursuant to section 293 of this act in determining whether to grant a request by a local or regional board of education for an extension of such bilingual education for an eligible student or whether an extension of a bilingual education program for an eligible student is necessary. If an eligible student does not meet the English mastery standard at the end of the initial thirty months or at the end of an extension of the bilingual education program for such student, the local or regional board of education shall provide language transition and academic support services to such student. Such services may include, but need not be limited to, English as a second language programs, sheltered English programs, English immersion programs, [tutoring and homework assistance, provided such services may not include a program of bilingual education] or other research-based language development programs. Families may also receive guidance from school professionals to help their children make progress in their native language. If an eligible student enrolls in a secondary school when the student has fewer than thirty months remaining before graduation, the local or regional board of education shall assign the student to an English as a second language program and may provide intensive services to the student to enable the student to speak, write and comprehend English by the time the student graduates and to meet the course requirements for graduation.
(e) Each local and regional board of education shall hold a meeting with the parents and legal guardians of eligible students to explain the benefits of the language program options available in the school district, including an English language immersion program, and any native language accommodations that may be available for the mastery examination, administered pursuant to section 10-14n, as amended by this act. The parents and legal guardians may bring an interpreter or an advisor to the meeting. If the parent or legal guardian of an eligible student opts to have such student placed in a program of bilingual education, the local or regional board of education shall place the child in such program.
(f) The board of education for each local and regional school district which is required to provide a program of bilingual education shall initially endeavor to implement the provisions of subsection (b) of this section through in-service training for existing certified professional employees, and thereafter, shall give preference in hiring to such certified professional employees as are required to maintain the program.
(g) The State Board of Education shall adopt regulations, in accordance with the provisions of chapter 54, to establish requirements for: (1) Such programs, which may be modeled after policy established by the Department of Education for bilingual education programs; (2) local and regional boards of education to integrate bilingual and English as a second language program faculty in all staff, planning and curriculum development activities; and (3) all bilingual education teachers employed by a local or regional board of education, on and after July 1, 2001, to meet all certification requirements, including completion of a teacher preparation program approved by the State Board of Education, or to be certified through an alternate route to certification program.
(h) Each board of education for a local and regional school district which is required to provide for the first time a program of bilingual education shall prepare and submit to the Commissioner of Education for review a plan to implement such program, in accordance with regulations adopted by the State Board of Education.
(i) Each local and regional board of education that is required to provide a program of bilingual education pursuant to this section shall investigate the feasibility of establishing two-way language programs starting in kindergarten.
Sec. 290. Section 10-17g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
[Annually] For the fiscal years ending June 30, 2016, and June 30, 2017, the board of education for each local and regional school district that is required to provide a program of bilingual education, pursuant to section 10-17f, as amended by this act, may make application to the State Board of Education and shall [thereafter] annually receive a grant in an amount equal to the product obtained by multiplying [the total appropriation available for such purpose] one million nine hundred sixteen thousand one hundred thirty by the ratio which the number of eligible children in the school district bears to the total number of such eligible children state-wide. The board of education for each local and regional school district receiving funds pursuant to this section shall annually, on or before September first, submit to the State Board of Education a progress report which shall include (1) measures of increased educational opportunities for eligible students, including language support services and language transition support services provided to such students, (2) program evaluation and measures of the effectiveness of its bilingual education and English as a second language programs, including data on students in bilingual education programs and students educated exclusively in English as a second language programs, and (3) certification by the board of education submitting the report that any funds received pursuant to this section have been used for the purposes specified. The State Board of Education shall annually evaluate programs conducted pursuant to section 10-17f, as amended by this act. For purposes of this section, measures of the effectiveness of bilingual education and English as a second language programs include, but need not be limited to, mastery examination results, under section 10-14n, as amended by this act, and graduation and school dropout rates. Any amount appropriated under this section in excess of one million nine hundred sixteen thousand one hundred thirty dollars shall be spent in accordance with the provisions of sections 293, 297 and 300 of this act. Any unexpended funds, as of November first, appropriated to the Department of Education for purposes of providing a grant to a local or regional board of education for the provision of a program of bilingual education, pursuant to section 10-17f, as amended by this act, shall be distributed on a pro rata basis to each local and regional board of education receiving a grant under this section. Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2009, to June 30, [2015] 2017, inclusive, the amount of grants payable to local or regional boards of education for the provision of a program of bilingual education under this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for such grants for such year.
Sec. 291. Section 10-17j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) If a local or regional board of education is not able to hire a sufficient number of certified bilingual education teachers for a school year, the board of education [may] shall apply to the Commissioner of Education for permission to use a certified teacher of English as a second language to fill its need and the commissioner may grant such request for good cause shown.
(b) The Department of Education shall promote and encourage teacher exchange programs and provide information to local and regional boards of education on such programs in order to increase foreign language proficiency and cultural understanding.
Sec. 292. (Effective July 1, 2015) The Department of Education shall study the feasibility of using regional educational service centers to assist local and regional boards of education with a low enrollment of eligible students under subsection (b) of section 10-17f of the general statutes, as amended by this act, in the provision of programs of bilingual education and language transition and academic support services. Such programs and services may include, but need not be limited to, English as second language programs, sheltered English programs, English immersion programs or other research-based language development programs, as described in section 10-17f of the general statutes, as amended by this act. Not later than January 1, 2016, the department shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 293. (NEW) (Effective July 1, 2015) Not later than July 1, 2016, the Department of Education, in consultation with public institutions of higher education, persons with expertise in bilingual education programming and bilingual education teachers, shall develop standards for determining whether an extension of a bilingual education program is necessary for an eligible student, as described in section 10-17f of the general statutes, as amended by this act, following thirty months in such bilingual education program, pursuant to subsection (d) of section 10-17f of the general statutes, as amended by this act.
Sec. 294. (NEW) (Effective July 1, 2015) Not later than July 1, 2016, the Department of Education shall provide information to local and regional boards of education about (1) research-based practices on how to involve parents and legal guardians of eligible students in the language acquisition process, and (2) native language accommodations for students on the state-wide mastery examination, administered pursuant to section 10-14n of the general statutes, as amended by this act.
Sec. 295. Subsection (a) of section 10-220a of the general statutes, as amended by section 3 of public act 15-97, section 10 of public act 15-108 and section 1 of public act 15-232, is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) Each local or regional board of education shall provide an in-service training program for its teachers, administrators and pupil personnel who hold the initial educator, provisional educator or professional educator certificate. Such program shall provide such teachers, administrators and pupil personnel with information on (1) the nature and the relationship of drugs, as defined in subdivision (17) of section 21a-240, and alcohol to health and personality development, and procedures for discouraging their abuse, (2) health and mental health risk reduction education that includes, but need not be limited to, the prevention of risk-taking behavior by children and the relationship of such behavior to substance abuse, pregnancy, sexually transmitted diseases, including HIV-infection and AIDS, as defined in section 19a-581, violence, teen dating violence, domestic violence, child abuse and youth suicide, (3) the growth and development of exceptional children, including handicapped and gifted and talented children and children who may require special education, including, but not limited to, children with attention-deficit hyperactivity disorder or learning disabilities, and methods for identifying, planning for and working effectively with special needs children in a regular classroom, including, but not limited to, implementation of student individualized education programs, (4) school violence prevention, conflict resolution, the prevention of and response to youth suicide and the identification and prevention of and response to bullying, as defined in subsection (a) of section 10-222d, except that those boards of education that implement any evidence-based model approach that is approved by the Department of Education and is consistent with subsection (d) of section 10-145a, sections 10-222d, 10-222g and 10-222h, subsection (g) of section 10-233c and sections 1 and 3 of public act 08-160, shall not be required to provide in-service training on the identification and prevention of and response to bullying, (5) cardiopulmonary resuscitation and other emergency life saving procedures, (6) computer and other information technology as applied to student learning and classroom instruction, communications and data management, (7) the teaching of the language arts, reading and reading readiness for teachers in grades kindergarten to three, inclusive, (8) second language acquisition in districts required to provide a program of bilingual education pursuant to section 10-17f, as amended by this act, (9) the requirements and obligations of a mandated reporter, (10) the teacher evaluation and support program adopted pursuant to subsection (b) of section 10-151b, (11) the detection and recognition of, and evidence-based structured literacy interventions for, students with dyslexia, as defined in section 1 of [this act] public act 15-97, and (12) cultural competency, consistent with the training in cultural competency described in subsection (i) of section 10-145a, as amended by [this act] public act 15-108. Each local and regional board of education may allow any paraprofessional or noncertified employee to participate, on a voluntary basis, in any in-service training program provided pursuant to this section. The State Board of Education, within available appropriations and utilizing available materials, shall assist and encourage local and regional boards of education to include: (A) Holocaust and genocide education and awareness; (B) the historical events surrounding the Great Famine in Ireland; (C) African-American history; (D) Puerto Rican history; (E) Native American history; (F) personal financial management; (G) domestic violence and teen dating violence; (H) mental health first aid training; (I) trauma-informed practices for the school setting to enable teachers, administrators and pupil personnel to more adequately respond to students with mental, emotional or behavioral health needs; (J) second language acquisition, including, but not limited to, language development and culturally responsive pedagogy; and [(J)] (K) topics approved by the state board upon the request of local or regional boards of education as part of in-service training programs pursuant to this subsection.
Sec. 296. (NEW) (Effective July 1, 2015) The Department of Education shall annually collect and disaggregate student data on the mastery examination, conducted pursuant to section 10-14n of the general statutes, as amended by this act, for students in bilingual education programs for the purposes of monitoring (1) the academic progress of students in bilingual education programs, and (2) the quality of bilingual education programs offered by local and regional boards of education. Not later than July 1, 2016, and annually thereafter, the Department of Education shall submit a report on its findings regarding such student data to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 297. (Effective July 1, 2015) (a) For the school years commencing July 1, 2015, and July 1, 2016, the Department of Education, in consultation with public institutions of higher education and persons with expertise in language acquisition, shall administer an English language learner pilot program. The department shall select the following participants for inclusion in the pilot program: (1) The three school districts with the highest total number of English language learner students, and (2) the school district with the highest percentage of English language learner students to total student population. Participants in the pilot program shall develop language acquisition plans for English language learner students that (A) are research-based, (B) are developed in consultation with the department, public institutions of higher education or persons with expertise in language acquisition, and (C) take into consideration such things as the size of the school district or region, the characteristics of the English language learner student population, the geography and demography of the school district or region, the number of bilingual education teachers and the native languages of the student population. The regional educational service center that serves the region in which each participant is located shall provide administrative support to such participant in the implementation of the pilot program.
(b) The Department of Education shall contract with an independent evaluator from an institution of higher education or a professional evaluator with expertise in language acquisition to evaluate the English language learner pilot program. Not later than October 1, 2017, such evaluation shall be submitted to the Department of Education and the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 298. Section 10-14n of the general statutes, as amended by section 3 of public act 15-238, is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) As used in this section, "mastery examination" means (1) for students enrolled in grades three to eight, inclusive, an examination or examinations, approved by the State Board of Education, that measures essential and grade-appropriate skills in reading, writing or mathematics, (2) for students enrolled in grades five, eight and ten, an examination, approved by the State Board of Education, that measures essential and grade-appropriate skills in science, and (3) for students enrolled in grade eleven, a nationally recognized college readiness assessment, approved by the State Board of Education, that measures essential and grade-appropriate skills in reading, writing and mathematics.
(b) (1) For the school year commencing July 1, 2015, and each school year thereafter, each student enrolled in grades three to eight, inclusive, and grade eleven in any public school shall, annually, take a mastery examination in reading, writing and mathematics during the regular school day.
(2) For the school year commencing July 1, 2013, and each school year thereafter, each student enrolled in grades five, eight and ten in any public school shall, annually, in March or April, take a state-wide mastery examination in science during the regular school day.
(c) (1) Mastery examinations, as defined in subdivision (1) of subsection (a) of this section, given to students enrolled in grades three to eight, inclusive, pursuant to subdivision (1) of subsection (b) of this section, shall be provided by and administered under the supervision of the State Board of Education.
(2) Mastery examinations, as defined in subdivision (2) of subsection (a) of this section, given to students enrolled in grades five, eight and ten, pursuant to subdivision (2) of subsection (b) of this section, shall be provided by and administered under the supervision of the State Board of Education.
(3) Mastery examinations, as defined in subdivision (3) of subsection (a) of this section, given to students enrolled in grade eleven, pursuant to subdivision (1) of subsection (b) of this section, shall be paid for by the State Board of Education and administered by the provider of such nationally recognized college readiness assessment in accordance with the provisions of the agreement between the state board and such provider, pursuant to section 2 of [this act] public act 15-238.
(d) The scores on each component of the mastery examination, as defined in subdivision (3) of subsection (a) of this section, for each eleventh grade student may be included on the permanent record and transcript of each such student who takes such examination. For each eleventh grade student who meets or exceeds the state-wide mastery goal level on any component of the mastery examination, a certification of having met or exceeded such goal level shall be made on the permanent record and the transcript of each such student and such student shall be issued a certificate of mastery for such component.
(e) No public school may require achievement of a satisfactory score on a mastery examination, or any subsequent retest on a component of such examination as the sole criterion of promotion or graduation.
(f) (1) For the school year commencing July 1, 2015, and each school year thereafter, the scores on each component of the mastery examination for students who are English language learners, as defined in section 10-76kk, and who have been enrolled in a school in this state or another state for fewer than twenty school months, shall not be used for purposes of calculating the school performance index, pursuant to section 10-223e, or the district performance index, pursuant to section 10-262u, as amended by this act.
(2) For the school year commencing July 1, 2015, and each school year thereafter, mastery examinations pursuant to subsection (b) of this section shall be offered in the most common native language of students who are English language learners taking such mastery examinations and any additional native languages of such students when mastery examinations in such native languages are developed and have been approved by the United States Department of Education.
Sec. 299. Subsection (d) of section 10-262u of the general statutes, as amended by section 8 of public act 15-108, is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(d) The local or regional board of education for a town designated as an alliance district may apply to the Commissioner of Education, at such time and in such manner as the commissioner prescribes, to receive any increase in funds received over the amount the town received for the prior fiscal year pursuant to subsection (a) of section 10-262i. Applications pursuant to this subsection shall include objectives and performance targets and a plan that may include, but not be limited to, the following: (1) A tiered system of interventions for the schools under the jurisdiction of such board based on the needs of such schools, (2) ways to strengthen the foundational programs in reading, through the intensive reading instruction program pursuant to section 10-14u, to ensure reading mastery in kindergarten to grade three, inclusive, with a focus on standards and instruction, proper use of data, intervention strategies, current information for teachers, parental engagement, and teacher professional development, (3) additional learning time, including extended school day or school year programming administered by school personnel or external partners, (4) a talent strategy that includes, but is not limited to, teacher and school leader recruitment and assignment, career ladder policies that draw upon guidelines for a model teacher evaluation program adopted by the State Board of Education, pursuant to section 10-151b, as amended by this act, and adopted by each local or regional board of education. Such talent strategy may include provisions that demonstrate increased ability to attract, retain, promote and bolster the performance of staff in accordance with performance evaluation findings and, in the case of new personnel, other indicators of effectiveness, (5) training for school leaders and other staff on new teacher evaluation models, (6) provisions for the cooperation and coordination with early childhood education providers to ensure alignment with district expectations for student entry into kindergarten, including funding for an existing local Head Start program, (7) provisions for the cooperation and coordination with other governmental and community programs to ensure that students receive adequate support and wraparound services, including community school models, (8) provisions for implementing and furthering state-wide education standards adopted by the State Board of Education and all activities and initiatives associated with such standards, (9) strategies for attracting and recruiting minority teachers and administrators, (10) provisions for the enhancement of bilingual education programs, pursuant to section 10-17f, as amended by this act, or other language acquisition services to English language learners, including, but not limited to, participation in the English language learner pilot program, established pursuant to section 297 of this act, and [(10)] (11) any additional categories or goals as determined by the commissioner. Such plan shall demonstrate collaboration with key stakeholders, as identified by the commissioner, with the goal of achieving efficiencies and the alignment of intent and practice of current programs with conditional programs identified in this subsection. The commissioner may (A) require changes in any plan submitted by a local or regional board of education before the commissioner approves an application under this subsection, and (B) permit a local or regional board of education, as part of such plan, to use a portion of any funds received under this section for the purposes of paying tuition charged to such board pursuant to subdivision (1) of subsection (k) of section 10-264l or subsection (b) of section 10-264o.
Sec. 300. (NEW) (Effective July 1, 2015) Not later than July 1, 2016, each regional educational service center shall conduct a survey of English language learner services and bilingual education programs provided in the region serviced by the regional educational service center for the purpose of identifying the need for enhanced or new English language learner services and bilingual education programs provided by the regional educational service center. Such survey shall include, but need not be limited to, (1) an inventory of English language learner services and bilingual education programs provided by local and regional boards of education to public school students, (2) the number of students receiving English language learner services or enrolled in bilingual education programs provided by a local or regional board of education, (3) the total cost incurred by each school district for all such English language learner services and bilingual education programs and the cost incurred by each school district for each such English language learner service and bilingual education program. Each regional educational service center shall develop and maintain its own survey procedure and may conduct subsequent surveys as necessary.
Sec. 301. (Effective July 1, 2015) Each regional educational service center shall study the feasibility of such regional educational service center providing and administering new English language learner services and bilingual education programs that are of equal or greater quality than those currently provided by local or regional boards of education in the region serviced by such regional educational service center. The feasibility study shall (1) identify new and current English language learner services and bilingual education programs provided by the regional educational service center, (2) take into account the areas of need identified in the survey conducted pursuant to section 300 of this act, (3) include a consideration of the infrastructure, planning, personnel, funding and additional needs required to initiate and maintain English language learner services and bilingual education programs provided by the regional educational service center, and (4) include recommendations for sites for future English language learner services and bilingual education programs provided by the regional education service center and a timeline for the implementation of such English language learner services and bilingual education programs. Not later than October 1, 2016, each regional educational service center shall submit such feasibility study to the State Board of Education and the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 302. Subsection (a) of section 2 of public act 15-237 is repealed and the following is substituted in lieu thereof (Effective upon the effective date of section 2 of public act 15-237):
(a) There is established a task force to study the following issues related to the high school graduation requirements, described in section 10-221a of the general statutes, as amended by [this act] public act 15-237: (1) The alignment of the changes to the high school graduation requirements commencing with classes graduating in 2021, pursuant to subsection (c) of section 10-221a of the general statutes, as amended by [this act] public act 15-237, with the Common Core State Standards, adopted by the State Board of Education on July 7, 2010, pursuant to section 10-4 of the general statutes, [and] (2) the feasibility of including training in cardiopulmonary resuscitation as part of the high school graduation requirements, and (3) the feasibility of substituting a student's participation in an interscholastic athletic program for the physical education credit to satisfy the high school graduation requirements.
Sec. 303. (NEW) (Effective July 1, 2015) (a) On and after July 1, 2015, the Commissioner of Education shall submit any application for a federal waiver of the Elementary and Secondary Education Act of 1965, 20 USC 6301, et seq., as amended from time to time, to the joint standing committee of the General Assembly having cognizance of matters relating to education prior to the submission of any such application to the federal government. Not later than thirty days after the date of its receipt of such application, said joint standing committee shall hold a public hearing on the waiver application. At the conclusion of a public hearing held in accordance with the provisions of this section, said joint standing committee shall advise the commissioner of its recommendations, if any, with regards to the commissioner's waiver application.
(b) If in developing the budget for the Department of Education for the next fiscal year, the commissioner contemplates applying for a federal waiver to the federal government, the commissioner shall notify the joint standing committee of the General Assembly having cognizance of matters relating to education of the possibility of such application.
(c) Prior to submission of an application for a waiver from said Elementary and Secondary Education Act of 1965 to the joint standing committee of the General Assembly having cognizance of matters relating to education under subsection (a) of this section, the commissioner shall publish a notice that the commissioner intends to seek such a waiver to the federal government in the Connecticut Law Journal, along with a summary of the provisions of the waiver application and the manner in which individuals may submit comments. The commissioner shall allow fifteen days for written comments on the waiver application prior to submission of the application for a waiver to the joint standing committee of the General Assembly having cognizance of matters relating to education under subsection (a) of this section and shall include all written comments with the waiver application submitted to said joint standing committee.
(d) The commissioner shall include with any waiver application submitted to the federal government pursuant to this section: (1) Any written comments received pursuant to subsection (c) of this section; and (2) the recommendations of the joint standing committee of the General Assembly having cognizance of matters relating to education issued pursuant to subsection (a) of this section, including any additional written comments submitted to said joint standing committee at such proceedings. Said joint standing committee shall transmit any such materials to the commissioner for inclusion with any such waiver application.
Sec. 304. (NEW) (Effective July 1, 2015) (a) Not later than September 15, 2015, the Commissioner of Education shall develop a process to invite innovation waiver requests from local and regional boards of education for waivers of the provisions of title 10 of the general statutes over which the State Board of Education has jurisdiction, or any regulation adopted by the state board, except a local or regional board of education shall not request or be granted a waiver of the provisions of chapters 169 and 172 of the general statutes, part I of chapter 166 of the general statutes, sections 10-14n to 10-14w, inclusive, 10-15, 10-16, 10-16b, 10-76d, as amended by this act, 10-186, 10-221a, 10-223e, as amended by this act, 10-226a to 10-226h, inclusive, 10-233c and 10-281 of the general statutes or any requirement of federal law. Any such innovation waiver request shall be made in a manner and form prescribed by the commissioner and shall demonstrate (1) how the granting of an innovation waiver would stimulate innovation or improve administration of school district operations or student academic performance, (2) that the local or regional board of education can address the intent of the statute or regulation for which an innovation waiver is being sought in a more effective, efficient or economical manner, and (3) how the granting of an innovation waiver would ensure the protection of sound educational practices, the health and safety of students and school personnel, and equal opportunities for learning.
(b) The commissioner shall review each innovation waiver request and may recommend approval of up to ten innovation waivers. The commissioner shall submit to the State Board of Education a report that includes the innovation waiver requests for which the commissioner is recommending approval and the goals or benchmarks of success for such requests to the State Board of Education.
(c) (1) The State Board of Education shall review the report submitted by the commissioner pursuant to subsection (b) of this section and make a written recommendation for approval or rejection of each innovation waiver request. Such written recommendation shall include an explanation of the reasons why the state board is suggesting approval or rejection of such innovation waiver request. In considering whether to approve or reject an innovation waiver request under this subsection, the state board may (A) recommend approval of such request if the state board determines that such request sufficiently demonstrates (i) how the granting of an innovation waiver would stimulate innovation or improve administration of school district operations or student academic performance, and (ii) that the local or regional board of education submitting such request can address the intent of the statute or regulation for which an innovation waiver is being sought in a more effective, efficient or economical manner, or (B) recommend rejection of an innovation waiver request if such request is not based on sound educational practices, endangers the health or safety of students or school personnel, or compromises equal opportunities for learning.
(2) The state board shall compile its recommendations for approval of innovation waiver requests into a report and, not later than March fifteenth of each school year, submit such report to the General Assembly, in accordance with the provisions of section 11-4a of the general statutes.
(3) The state board shall compile its recommendations for rejection of innovation waiver requests into a report and, not later than March fifteenth of each school year, submit such report to the General Assembly, in accordance with the provisions of section 11-4a of the general statutes.
(d) Not later than thirty days following receipt of the report submitted by the State Board of Education, pursuant to subdivision (2) of subsection (c) of this section, the General Assembly may, by joint resolution, disapprove any recommendations of the state board for approval of an innovation waiver request. If the General Assembly fails to disapprove such recommendations, in whole or in part, within such thirty-day period, such recommendations shall be deemed approved and the innovation waiver request shall be deemed granted.
(e) The commissioner shall notify the local or regional board of education whether a submitted innovation waiver request was granted or rejected. If an innovation waiver is granted, the commissioner shall prescribe the period of time that such innovation waiver shall be valid, provided such term is not more than two school years.
(f) A local or regional board of education may seek an innovation waiver renewal in the manner and form prescribed by the commissioner. Any innovation waiver renewal request shall include how the implementation of the original innovation waiver has been successful in achieving the goals or benchmarks established by the commissioner pursuant to subsection (b) of this section. An innovation waiver renewal may be granted in accordance with the provisions of subsections (c) and (d) of this section and, if granted, shall be valid for up to two school years. A local or regional board of education shall not be granted an innovation waiver renewal more than one time.
(g) The commissioner may revoke an innovation waiver or an innovation waiver renewal if the commissioner finds that the implementation of such innovation waiver or innovation waiver renewal is not a sound educational practice, endangers health or safety of students or school personnel, or compromises equal opportunities for learning.
(h) In recommending approval of innovation requests and innovation waiver renewal requests under this section, the commissioner and state board shall ensure that not more than twenty innovation waivers or innovation waiver renewals are in effect at any one time.
(i) Any local or regional board of education granted an innovation waiver or innovation waiver renewal under this section shall (1) submit to the State Board of Education (A) annual progress reports relating to the implementation of the innovation waiver or innovation waiver renewal, and (B) a final report relating to the results of such innovation waiver or innovation waiver renewal, including whether such innovation waiver or innovation waiver renewal has achieved the goals or benchmarks established by the commissioner, at the conclusion of the innovation waiver or the innovation waiver renewal. (2) make such results available on the Internet web site of such local or regional board, (3) share, upon request, such results with other local or regional boards of education, and (4) if such innovation waiver or innovation waiver renewal is successful, provide instruction and training, upon request, to other local and regional boards of education regarding the implementation of such innovation waiver or innovation waiver renewal.
(j) Not later than March 15, 2018, and annually thereafter, the commissioner shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the General Assembly containing any recommendations for legislation and a description of the process developed pursuant to subsection (a) of this section.
Sec. 305. (Effective July 1, 2015) (a) On or before August 1, 2015, the Commissioner of Education shall appoint a receiver for the school district for the town of Winchester. Such receiver shall be the chief executive officer of said school district and shall be vested with the duties, rights and responsibilities of the board of education for the town of Winchester, as prescribed in chapter 170 of the general statutes and as otherwise established in any provision of law, except as provided in this section and sections 306 to 308, inclusive, of this act. The receiver shall report to and serve at the pleasure of the commissioner and shall be retained and compensated by the Department of Education.
(b) All contracts and agreements, including collective bargaining agreements, made in the name of the board of education for the town of Winchester shall be assigned to the receiver, who shall be deemed the successor party in interest and deemed to be in privity of contract for all lawful purposes. In addition to those duties, rights and responsibilities otherwise prescribed by law, the receiver shall: (1) Be responsible for all aspects of school district governance and management; (2) develop the budget for the school district and deliver the same to the town manager for the town of Winchester in accordance with the town charter for the town of Winchester; (3) provide a mechanism for parent, teacher and community involvement in the schools; (4) supervise and direct the day-to-day operations of the school district and school district staff and employees, including the superintendent and all school administrators, and shall have the power to reprimand, suspend or terminate all such staff, employees and administrators consistent with any applicable collective bargaining agreements or employment contracts; (5) review and analyze the fiscal practices of the school district and implement improvements to such practices, if necessary; (6) identify and apply for any grants for which the school district may be eligible; and (7) report to the commissioner as soon as practicable any evidence of criminal or fraudulent activity discovered.
(c) The receiver shall provide the commissioner with periodic reports on the receiver's activities, the financial condition of the school district, recommendations on further state involvement in the operation of the school district, including amendments to this section and sections 306 to 308, inclusive, of this act, and any other information required by the commissioner. Such reports shall be provided on a timeframe and in such form as prescribed by the commissioner. The commissioner shall provide copies of all such reports to the State Board of Education and the board of education for the town of Winchester.
(d) The receiver may be provided additional responsibilities by the commissioner not inconsistent with this section and sections 306 to 308, inclusive, of this act.
(e) The receiver's term shall expire two years from the date of the receiver's appointment pursuant to subsection (a) of this section, except the State Board of Education may extend the term of the receiver for a period not to exceed two additional years.
(f) The receiver may, upon approval of the commissioner, retain up to two other persons to assist the receiver in the exercise of the receiver's duties. Such persons shall report to, and serve at the pleasure of, the receiver and be retained and compensated by the Department of Education.
Sec. 306. (Effective July 1, 2015) There shall be a board of advisors for the school district for the town of Winchester. The board shall have seven members appointed by the Commissioner of Education who shall serve at the pleasure of the commissioner. Not fewer than three of the members of the board shall be residents of the town of Winchester. No employee of the town of Winchester or the school district for the town of Winchester and no immediate family, as defined in subdivision (6) of section 1-79 of the general statutes, of such employee shall be eligible to serve on the board. The board shall provide advice to the receiver in the performance of his or her duties and responsibilities, as described in section 305 of this act.
Sec. 307. (Effective July 1, 2015) (a) Notwithstanding section 10-263 of the general statutes, the commissioner shall enter into a repayment agreement with the town of Winchester or the school district for the town of Winchester, as applicable, for reimbursement of any overpayments made by the state pursuant to section 10-76g of the general statutes during the fiscal years ending June 30, 2013, to June 30, 2015, inclusive. Such agreement shall be documented in writing providing the first payment, or adjustment to future payments by the department, shall be received or debited, on or before April 30, 2016, and that the balance shall be satisfied on or before April 30, 2020.
(b) The town of Winchester may apply for a waiver of repayment as specified in subsection (a) of this section, if the town demonstrates significant improvement in the fiscal and financial practices of its school district, that structural changes have been implemented to ensure the school district is properly handling taxpayer funds, and satisfies such other criteria as required by the commissioner. Such application shall be in a form prescribed by the commissioner. Any such waiver submitted pursuant to this subsection may be approved only by majority vote of the State Board of Education and upon the recommendation of the commissioner.
Sec. 308. (Effective July 1, 2015) For the school years commencing July 1, 2016, to July 1, 2018, inclusive, notwithstanding the provisions of section 10-223h of the general statutes, as amended by this act, relating to the application and selection of schools for participation in the commissioner's network of schools, the schools under the jurisdiction of the school district for the town of Winchester shall participate in the commissioner's network of schools and otherwise comply with the provisions of section 10-223h of the general statutes, as amended by this act.
Sec. 309. Section 10-266p of the general statutes is amended by adding subsection (j) as follows (Effective July 1, 2015):
(NEW) (j) Notwithstanding the provisions of this section, for the fiscal year ending June 30, 2016, and each fiscal year thereafter, the amount of the grants payable to local or regional boards of education in accordance with this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this section for such year.
Sec. 310. Section 10-264l of the general statutes, as amended by section 3 of public act 15-63, section 2 of public act 15-143, section 1 of public act 15-177 and section 9 of public act 15-215, is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) The Department of Education shall, within available appropriations, establish a grant program (1) to assist (A) local and regional boards of education, (B) regional educational service centers, (C) the Board of Trustees of the Community-Technical Colleges on behalf of Quinebaug Valley Community College and Three Rivers Community College, and (D) cooperative arrangements pursuant to section 10-158a, and (2) in assisting the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, as determined by the Commissioner of Education, to assist (A) the Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (B) the Board of Trustees of the Connecticut State University System on behalf of a state university, (C) the Board of Trustees of The University of Connecticut on behalf of the university, (D) the board of governors for an independent institution of higher education, as defined in subsection (a) of section 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, and (E) any other third-party not-for-profit corporation approved by the commissioner with the operation of interdistrict magnet school programs. All interdistrict magnet schools shall be operated in conformance with the same laws and regulations applicable to public schools. For the purposes of this section "an interdistrict magnet school program" means a program which (i) supports racial, ethnic and economic diversity, (ii) offers a special and high quality curriculum, and (iii) requires students who are enrolled to attend at least half-time. An interdistrict magnet school program does not include a regional agricultural science and technology school, a technical high school or a regional special education center. On and after July 1, 2000, the governing authority for each interdistrict magnet school program that is in operation prior to July 1, 2005, shall restrict the number of students that may enroll in the program from a participating district to eighty per cent of the total enrollment of the program. The governing authority for each interdistrict magnet school program that begins operations on or after July 1, 2005, shall restrict the number of students that may enroll in the program from a participating district to seventy-five per cent of the total enrollment of the program, and maintain such a school enrollment that at least twenty-five per cent but not more than seventy-five per cent of the students enrolled are pupils of racial minorities, as defined in section 10-226a. The governing authority of an interdistrict magnet school that the commissioner determines will assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, shall restrict the number of students that may enroll in the program from a participating district in accordance with the provisions of this subsection, provided such enrollment is in accordance with the reduced-isolation setting standards of such 2013 stipulation and order.
(b) (1) Applications for interdistrict magnet school program operating grants awarded pursuant to this section shall be submitted annually to the Commissioner of Education at such time and in such manner as the commissioner prescribes, except that on and after July 1, 2009, applications for such operating grants for new interdistrict magnet schools, other than those that the commissioner determines will assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, shall not be accepted until the commissioner develops a comprehensive state-wide interdistrict magnet school plan. The commissioner shall submit such comprehensive state-wide interdistrict magnet school plan on or before October 1, 2016, to the joint standing [committee] committees of the General Assembly having cognizance of matters relating to education and appropriations.
(2) In determining whether an application shall be approved and funds awarded pursuant to this section, the commissioner shall consider, but such consideration shall not be limited to: (A) Whether the program offered by the school is likely to increase student achievement; (B) whether the program is likely to reduce racial, ethnic and economic isolation; (C) the percentage of the student enrollment in the program from each participating district; and (D) the proposed operating budget and the sources of funding for the interdistrict magnet school. For a magnet school not operated by a local or regional board of education, the commissioner shall only approve a proposed operating budget that, on a per pupil basis, does not exceed the maximum allowable threshold established in accordance with this subdivision. The maximum allowable threshold shall be an amount equal to one hundred twenty per cent of the state average of the quotient obtained by dividing net current expenditures, as defined in section 10-261, by average daily membership, as defined in said section, for the fiscal year two years prior to the fiscal year for which the operating grant is requested. The Department of Education shall establish the maximum allowable threshold no later than December fifteenth of the fiscal year prior to the fiscal year for which the operating grant is requested. If requested by an applicant that is not a local or regional board of education, the commissioner may approve a proposed operating budget that exceeds the maximum allowable threshold if the commissioner determines that there are extraordinary programmatic needs. In the case of an interdistrict magnet school that will assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, as determined by the commissioner, the commissioner shall also consider whether the school is meeting the reduced-isolation setting standards set forth in such 2013 stipulation and order. If such school has not met the reduced-isolation setting standards prescribed in such 2013 stipulation and order, it shall not be entitled to receive a grant pursuant to this section unless the commissioner finds that it is appropriate to award a grant for an additional year or years for purposes of compliance with such 2013 stipulation and order. If requested by the commissioner, the applicant shall meet with the commissioner or the commissioner's designee to discuss the budget and sources of funding.
(3) Except as provided in this section, section [197] 116 of public act [11-48] 14-217 and the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, the commissioner shall not award a grant to (A) a program that is in operation prior to July 1, 2005, if more than eighty per cent of its total enrollment is from one school district, except that the commissioner may award a grant for good cause, for any one year, on behalf of an otherwise eligible magnet school program, if more than eighty per cent of the total enrollment is from one district, and (B) a program that begins operations on or after July 1, 2005, if more than seventy-five per cent of its total enrollment is from one school district or if less than twenty-five or more than seventy-five per cent of the students enrolled are pupils of racial minorities, as defined in section 10-226a, except that the commissioner may award a grant for good cause, for one year, on behalf of an otherwise eligible interdistrict magnet school program, if more than seventy-five per cent of the total enrollment is from one district or less than twenty-five or more than seventy-five per cent of the students enrolled are pupils of racial minorities. The commissioner may not award grants pursuant to the exceptions described in subparagraphs (A) and (B) of this subdivision for an additional consecutive year or years, except as provided for in section [197] 116 of public act [11-48] 14-217, the 2008 stipulation for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, as determined by the commissioner.
(c) (1) The maximum amount each interdistrict magnet school program, except those described in subparagraphs (A) to (G), inclusive, of subdivision (3) of this subsection, shall be eligible to receive per enrolled student who is not a resident of the town operating the magnet school shall be (A) six thousand sixteen dollars for the fiscal year ending June 30, 2008, (B) six thousand seven hundred thirty dollars for the fiscal years ending June 30, 2009, to June 30, 2012, inclusive, and (C) seven thousand eighty-five dollars for the fiscal year ending June 30, 2013, and each fiscal year thereafter. The per pupil grant for each enrolled student who is a resident of the town operating the magnet school program shall be three thousand dollars for the fiscal year ending June 30, 2008, and each fiscal year thereafter.
(2) For the fiscal year ending June 30, 2003, and each fiscal year thereafter, the commissioner may, within available appropriations, provide supplemental grants for the purposes of enhancing educational programs in such interdistrict magnet schools, as the commissioner determines. Such grants shall be made after the commissioner has conducted a comprehensive financial review and approved the total operating budget for such schools, including all revenue and expenditure estimates.
(3) (A) Except as otherwise provided in subparagraphs (C) to (G), inclusive, of this subdivision, each interdistrict magnet school operated by a regional educational service center that enrolls less than fifty-five per cent of the school's students from a single town shall receive a per pupil grant in the amount of (i) six thousand two hundred fifty dollars for the fiscal year ending June 30, 2006, (ii) six thousand five hundred dollars for the fiscal year ending June 30, 2007, (iii) seven thousand sixty dollars for the fiscal year ending June 30, 2008, (iv) seven thousand six hundred twenty dollars for the fiscal years ending June 30, 2009, to June 30, 2012, inclusive, and (v) seven thousand nine hundred dollars for the fiscal year ending June 30, 2013, and each fiscal year thereafter.
(B) Except as otherwise provided in subparagraphs (C) to (G), inclusive, of this subdivision, each interdistrict magnet school operated by a regional educational service center that enrolls at least fifty-five per cent of the school's students from a single town shall receive a per pupil grant for each enrolled student who is not a resident of the district that enrolls at least fifty-five per cent of the school's students in the amount of (i) six thousand sixteen dollars for the fiscal year ending June 30, 2008, (ii) six thousand seven hundred thirty dollars for the fiscal years ending June 30, 2009, to June 30, 2012, inclusive, and (iii) seven thousand eighty-five dollars for the fiscal year ending June 30, 2013, and each fiscal year thereafter. The per pupil grant for each enrolled student who is a resident of the district that enrolls at least fifty-five per cent of the school's students shall be three thousand dollars.
(C) For the fiscal year ending June 30, 2015, and each fiscal year thereafter, each interdistrict magnet school operated by a regional educational service center that began operations for the school year commencing July 1, 2001, and that for the school year commencing July 1, 2008, enrolled at least fifty-five per cent, but no more than eighty per cent of the school's students from a single town shall receive a per pupil grant (i) for each enrolled student who is a resident of the district that enrolls at least fifty-five per cent, but no more than eighty per cent of the school's students, up to an amount equal to the total number of such enrolled students as of October 1, 2013, using the data of record, in the amount of eight thousand one hundred eighty dollars, (ii) for each enrolled student who is a resident of the district that enrolls at least fifty-five per cent, but not more than eighty per cent of the school's students, in an amount greater than the total number of such enrolled students as of October 1, 2013, using the data of record, in the amount of three thousand dollars, (iii) for each enrolled student who is not a resident of the district that enrolls at least fifty-five per cent, but no more than eighty per cent of the school's students, up to an amount equal to the total number of such enrolled students as of October 1, 2013, using the data of record, in the amount of eight thousand one hundred eighty dollars, and (iv) for each enrolled student who is not a resident of the district that enrolls at least fifty-five per cent, but not more than eighty per cent of the school's students, in an amount greater than the total number of such enrolled students as of October 1, 2013, using the data of record, in the amount of seven thousand eighty-five dollars.
(D) [Each] (i) Except as otherwise provided in subparagraph (D)(ii) of this subparagraph, each interdistrict magnet school operated by [(i)] (I) a regional educational service center, [(ii)] (II) the Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, [(iii)] (III) the Board of Trustees of the Connecticut State University System on behalf of a state university, [(iv)] (IV) the Board of Trustees for The University of Connecticut on behalf of the university, [(v)] (V) the board of governors for an independent institution of higher education, as defined in subsection (a) of section 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, except as otherwise provided in subparagraph (E) of this subdivision, [(vi)] (VI) cooperative arrangements pursuant to section 10-158a, [(vii)] (VII) any other third-party not-for-profit corporation approved by the commissioner, and [(viii)] (VIII) the Hartford school district for the operation of Great Path Academy on behalf of Manchester Community College, that enrolls less than sixty per cent of its students from Hartford pursuant to the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, shall receive a per pupil grant in the amount of [(I)] nine thousand six hundred ninety-five dollars for the fiscal year ending June 30, 2010, and [(II)] ten thousand four hundred forty-three dollars for the fiscal years ending June 30, 2011, to June 30, [2015] 2017, inclusive.
(ii) For the fiscal year ending June 30, 2016, and each fiscal year thereafter, any interdistrict magnet school described in subparagraph (D)(i) of this subparagraph that enrolls less than fifty per cent of its incoming students from Hartford shall receive a per pupil grant in the amount of seven thousand nine hundred dollars for one-half of the total number of non-Hartford students enrolled in the school over fifty per cent of the total school enrollment and shall receive a per pupil grant in the amount of ten thousand four hundred forty-three dollars for the remainder of the total school enrollment.
(E) [Each] For the fiscal year ending June 30, 2015, and each fiscal year thereafter, each interdistrict magnet school operated by the board of governors for an independent institution of higher education, as defined in subsection (a) of section 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, that (i) began operations for the school year commencing July 1, 2014, (ii) enrolls less than sixty per cent of its students from Hartford pursuant to the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, and (iii) enrolls students [on a trimester basis] at least half-time, shall be eligible to receive a per pupil grant (I) equal to sixty-five per cent of the grant amount determined pursuant to subparagraph (D) of this subdivision for each student who is enrolled at such school for at least two [of the three trimesters in the amount of ten thousand four hundred forty-three dollars for the fiscal year ending June 30, 2015] semesters in each school year, and (II) equal to thirty-two and one-half per cent of the grant amount determined pursuant to subparagraph (D) of this subdivision for each student who is enrolled at such school for one semester in each school year.
(F) Each interdistrict magnet school operated by a local or regional board of education, pursuant to the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., shall receive a per pupil grant for each enrolled student who is not a resident of the district in the amount of (i) twelve thousand dollars for the fiscal year ending June 30, 2010, and (ii) thirteen thousand fifty-four dollars for the fiscal years ending June 30, 2011, to June 30, [2015] 2017, inclusive.
(G) In addition to the grants described in subparagraph (E) of this subdivision, for the fiscal year ending June 30, 2010, the commissioner may, subject to the approval of the Secretary of the Office of Policy and Management and the Finance Advisory Committee, established pursuant to section 4-93, provide supplemental grants to the Hartford school district of up to one thousand fifty-four dollars for each student enrolled at an interdistrict magnet school operated by the Hartford school district who is not a resident of such district.
(H) For the fiscal year ending June 30, 2016, and each fiscal year thereafter, the half-day Greater Hartford Academy of the Arts interdistrict magnet school operated by the Capital Region Education Council shall be eligible to receive a per pupil grant equal to sixty-five per cent of the per pupil grant specified in subparagraph (A) of this subdivision.
(I) For the fiscal years ending June 30, 2016, to June 30, 2018, inclusive, the half-day Greater Hartford Academy of Mathematics and Science interdistrict magnet school operated by the Capitol Region Education Council shall be eligible to receive a per pupil grant equal to six thousand seven hundred eighty-seven dollars for (i) students enrolled in grades ten to twelve, inclusive, for the fiscal year ending June 30, 2016, (ii) students enrolled in grades eleven and twelve for the fiscal year ending June 30, 2017, and (iii) students enrolled in grade twelve for the fiscal year ending June 30, 2018. For the fiscal year ending June 30, 2016, and each fiscal year thereafter, the half-day Greater Hartford Academy of Mathematics and Science interdistrict magnet school shall not be eligible for any additional grants pursuant to subsection (c) of this section.
(4) The amounts of the grants determined pursuant to this subsection shall be proportionately adjusted, if necessary, within available appropriations, and in no case shall any grant pursuant to this section exceed the reasonable operating budget of the interdistrict magnet school program, less revenues from other sources. For the fiscal [year] years ending June 30, 2015, to June 30, 2017, inclusive, the department may limit payment to an interdistrict magnet school operator to an amount equal to the grant that such magnet school operator was eligible to receive based on the enrollment level of the interdistrict magnet school program on October 1, 2013. Approval of funding for enrollment above such enrollment level shall be prioritized by the department as follows: (A) Increases in enrollment in an interdistrict magnet school program that is adding planned new grade levels [; (B)] for the school years commencing July 1, 2015, and July 1, 2016; (B) increases in enrollment in an interdistrict magnet school program that added planned new grade levels for the school year commencing July 1, 2014, and was funded during the fiscal year ending June 30, 2015; (C) increases in enrollment in an interdistrict magnet school program that is moving into a permanent facility for the school [year] years commencing July 1, 2014, [; (C)] to July 1, 2016, inclusive; (D) increases in enrollment in an interdistrict magnet school program to ensure compliance with subsection (a) of this section; and [(D)] (E) new enrollments for a new interdistrict magnet school program commencing operations on or after July 1, 2014, pursuant to the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al, as extended. Any interdistrict magnet school program operating less than full-time, but at least half-time, shall be eligible to receive a grant equal to sixty-five per cent of the grant amount determined pursuant to this subsection.
(5) Within available appropriations, the commissioner may make grants to the following entities that operate an interdistrict magnet school that assists the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, as determined by the commissioner and that provide academic support programs and summer school educational programs approved by the commissioner to students participating in such interdistrict magnet school program: (A) Regional educational service centers, (B) local and regional boards of education, (C) the Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (D) the Board of Trustees of the Connecticut State University System on behalf of a state university, (E) the Board of Trustees for The University of Connecticut on behalf of the university, (F) the board of governors for an independent institution of higher education, as defined in subsection (a) of section 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, (G) cooperative arrangements pursuant to section 10-158a, and (H) any other third-party not-for-profit corporation approved by the commissioner.
(6) Within available appropriations, the Commissioner of Education may make grants, in an amount not to exceed seventy-five thousand dollars, for start-up costs associated with the development of new interdistrict magnet school programs that assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, as determined by the commissioner, to the following entities that develop such a program: (A) Regional educational service centers, (B) local and regional boards of education, (C) the Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (D) the Board of Trustees of the Connecticut State University System on behalf of a state university, (E) the Board of Trustees for The University of Connecticut on behalf of the university, (F) the board of governors for an independent institution of higher education, as defined in subsection (a) of section 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, (G) cooperative arrangements pursuant to section 10-158a, and (H) any other third-party not-for-profit corporation approved by the commissioner.
(d) (1) Grants made pursuant to this section, except those made pursuant to subdivision (6) of subsection (c) of this section and subdivision (2) of this subsection, shall be paid as follows: Seventy per cent not later than September first and the balance not later than May first of each fiscal year. The May first payment shall be adjusted to reflect actual interdistrict magnet school program enrollment as of the preceding October first using the data of record as of the intervening March first, if the actual level of enrollment is lower than the projected enrollment stated in the approved grant application. The May first payment shall be further adjusted for the difference between the total grant received by the magnet school operator in the prior fiscal year and the revised total grant amount calculated for the prior fiscal year in cases where the aggregate financial audit submitted by the interdistrict magnet school operator pursuant to subdivision (1) of subsection (n) of this section indicates an overpayment by the department.
(2) For the fiscal year ending June 30, [2015] 2016, and each fiscal year thereafter, grants made pursuant to subparagraph (E) of subdivision (3) of subsection (c) of this section shall be paid as follows: [Thirty] Fifty per cent of the amount not later than [August] September first based on estimated student enrollment [on July first, thirty per cent of the amount not later than October first based on estimated student enrollment] for the first semester on September first, and [the balance] another fifty per cent not later than May first of each fiscal year based on actual student enrollment for the second semester on February first. The May first payment shall be adjusted to reflect actual interdistrict magnet school program enrollment for those students who have been enrolled at such school for at least two [of three trimesters] semesters of the school year, using the data of record, and actual student enrollment for those students who have been enrolled at such school for only one semester, using data of record. The May first payment shall be further adjusted for the difference between the total grant received by the magnet school operator in the prior fiscal year and the revised total grant amount calculated for the prior fiscal year where the financial audit submitted by the interdistrict magnet school operator pursuant to subdivision (1) of subsection (n) of this section indicates an overpayment by the department.
(e) The Department of Education may retain up to one-half of one per cent of the amount appropriated, in an amount not to exceed five hundred thousand dollars, for purposes of this section for program evaluation and administration.
(f) Each local or regional school district in which an interdistrict magnet school is located shall provide the same kind of transportation to its children enrolled in such interdistrict magnet school as it provides to its children enrolled in other public schools in such local or regional school district. The parent or guardian of a child denied the transportation services required to be provided pursuant to this subsection may appeal such denial in the manner provided in sections 10-186 and 10-187.
(g) On or before October fifteenth of each year, the Commissioner of Education shall determine if interdistrict magnet school enrollment is below the number of students for which funds were appropriated. If the commissioner determines that the enrollment is below such number, the additional funds shall not lapse but shall be used by the commissioner for grants for interdistrict cooperative programs pursuant to section 10-74d.
(h) In the case of a student identified as requiring special education, the school district in which the student resides shall: (1) Hold the planning and placement team meeting for such student and shall invite representatives from the interdistrict magnet school to participate in such meeting; and (2) pay the interdistrict magnet school an amount equal to the difference between the reasonable cost of educating such student and the sum of the amount received by the interdistrict magnet school for such student pursuant to subsection (c) of this section and amounts received from other state, federal, local or private sources calculated on a per pupil basis. Such school district shall be eligible for reimbursement pursuant to section 10-76g. If a student requiring special education attends an interdistrict magnet school on a full-time basis, such interdistrict magnet school shall be responsible for ensuring that such student receives the services mandated by the student's individualized education program whether such services are provided by the interdistrict magnet school or by the school district in which the student resides.
(i) Nothing in this section shall be construed to prohibit the enrollment of nonpublic school students in an interdistrict magnet school program that operates less than full-time, provided (1) such students constitute no more than five per cent of the full-time equivalent enrollment in such magnet school program, and (2) such students are not counted for purposes of determining the amount of grants pursuant to this section and section 10-264i.
(j) After accommodating students from participating districts in accordance with an approved enrollment agreement, an interdistrict magnet school operator that has unused student capacity may enroll directly into its program any interested student. A student from a district that is not participating in an interdistrict magnet school or the interdistrict student attendance program pursuant to section 10-266aa to an extent determined by the Commissioner of Education shall be given preference. The local or regional board of education otherwise responsible for educating such student shall contribute funds to support the operation of the interdistrict magnet school in an amount equal to the per student tuition, if any, charged to participating districts.
(k) (1) For the fiscal year ending June 30, 2014, and each fiscal year thereafter, any tuition charged to a local or regional board of education by a regional educational service center operating an interdistrict magnet school or any tuition charged by the Hartford school district operating the Great Path Academy on behalf of Manchester Community College for any student enrolled in kindergarten to grade twelve, inclusive, in such interdistrict magnet school shall be in an amount equal to the difference between (A) the average per pupil expenditure of the magnet school for the prior fiscal year, and (B) the amount of any per pupil state subsidy calculated under subsection (c) of this section plus any revenue from other sources calculated on a per pupil basis. If any such board of education fails to pay such tuition, the commissioner may withhold from such board's town or towns a sum payable under section 10-262i in an amount not to exceed the amount of the unpaid tuition to the magnet school and pay such money to the fiscal agent for the magnet school as a supplementary grant for the operation of the interdistrict magnet school program. In no case shall the sum of such tuitions exceed the difference between (i) the total expenditures of the magnet school for the prior fiscal year, and (ii) the total per pupil state subsidy calculated under subsection (c) of this section plus any revenue from other sources. The commissioner may conduct a comprehensive financial review of the operating budget of a magnet school to verify such tuition rate.
(2) (A) For the fiscal years ending June 30, 2013, and June 30, 2014, a regional educational service center operating an interdistrict magnet school offering a preschool program that is not located in the Sheff region may charge tuition to the Department of Education for a child enrolled in such preschool program in an amount not to exceed an amount equal to the difference between (i) the average per pupil expenditure of the preschool program offered at the magnet school for the prior fiscal year, and (ii) the amount of any per pupil state subsidy calculated under subsection (c) of this section plus any revenue from other sources calculated on a per pupil basis. The commissioner may conduct a comprehensive financial review of the operating budget of any such magnet school charging such tuition to verify such tuition rate. For purposes of this subdivision, "Sheff region" means the school districts for the towns of Avon, Bloomfield, Canton, East Granby, East Hartford, East Windsor, Ellington, Farmington, Glastonbury, Granby, Hartford, Manchester, Newington, Rocky Hill, Simsbury, South Windsor, Suffield, Vernon, West Hartford, Wethersfield, Windsor and Windsor Locks.
(B) For the fiscal year ending June 30, 2015, [and each fiscal year thereafter,] a regional educational service center operating an interdistrict magnet school offering a preschool program that is not located in the Sheff region may charge tuition to the parent or guardian of a child enrolled in such preschool program in an amount that is in accordance with the sliding tuition scale adopted by the State Board of Education pursuant to section 10-264p, as amended by this act. The Department of Education shall be financially responsible for any unpaid portion of the tuition not charged to such parent or guardian under such sliding tuition scale. Such tuition shall not exceed an amount equal to the difference between (i) the average per pupil expenditure of the preschool program offered at the magnet school for the prior fiscal year, and (ii) the amount of any per pupil state subsidy calculated under subsection (c) of this section plus any revenue from other sources calculated on a per pupil basis. The commissioner may conduct a comprehensive financial review of the operating budget of any such magnet school charging such tuition to verify such tuition rate.
(C) For the fiscal year ending June 30, 2016, and each fiscal year thereafter, a regional educational service center operating an interdistrict magnet school offering a preschool program that is not located in the Sheff region shall charge tuition to the parent or guardian of a child enrolled in such preschool program in an amount up to four thousand fifty-three dollars, except such regional educational service center shall not charge tuition to such parent or guardian with a family income at or below seventy-five per cent of the state median income. The Department of Education shall, within available appropriations, be financially responsible for any unpaid tuition charged to such parent or guardian with a family income at or below seventy-five per cent of the state median income. The commissioner may conduct a comprehensive financial review of the operating budget of any such magnet school charging such tuition to verify such tuition rate.
(l) A participating district shall provide opportunities for its students to attend an interdistrict magnet school in a number that is at least equal to the number specified in any written agreement with an interdistrict magnet school operator or in a number that is at least equal to the average number of students that the participating district enrolled in such magnet school during the previous three school years.
(m) (1) On or before May 15, 2010, and annually thereafter, each interdistrict magnet school operator shall provide written notification to any school district that is otherwise responsible for educating a student who resides in such school district and will be enrolled in an interdistrict magnet school under the operator's control for the following school year. Such notification shall include the number of any such students, by grade, who will be enrolled in an interdistrict magnet school under the control of such operator, the name of the school in which such student has been placed and the amount of tuition to be charged to the local or regional board of education for such student. Such notification shall represent an estimate of the number of students expected to attend such interdistrict magnet schools in the following school year, but shall not be deemed to limit the number of students who may enroll in such interdistrict magnet schools for such year.
(2) Not later than two weeks following an enrollment lottery for an interdistrict magnet school conducted by a magnet school operator, the parent or guardian of a student (A) who will enroll in such interdistrict magnet school in the following school year, or (B) whose name has been placed on a waiting list for enrollment in such interdistrict magnet school for the following school year, shall provide written notification of such prospective enrollment or waiting list placement to the school district in which such student resides and is otherwise responsible for educating such student.
(n) (1) Each interdistrict magnet school operator shall annually file with the Commissioner of Education, at such time and in such manner as the commissioner prescribes, (A) a financial audit for each interdistrict magnet school operated by such operator, and (B) an aggregate financial audit for all of the interdistrict magnet schools operated by such operator.
(2) Annually, the commissioner shall randomly select one interdistrict magnet school operated by a regional educational service center to be subject to a comprehensive financial audit conducted by an auditor selected by the commissioner. The regional educational service center shall be responsible for all costs associated with the audit conducted pursuant to the provisions of this subdivision.
(o) For the school years commencing July 1, 2009, to July 1, [2014] 2016, inclusive, any local or regional board of education operating an interdistrict magnet school pursuant to the 2008 stipulation and order for Milo Sheff, et al. v. William O'Neill, et al., as extended, or the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, shall not charge tuition for any student enrolled in a preschool program or in kindergarten to grade twelve, inclusive, in an interdistrict magnet school operated by such school district, except the Hartford school district may charge tuition for any student enrolled in the Great Path Academy.
(p) For the fiscal years ending June 30, 2016, and June 30, 2017, if the East Hartford school district has greater than seven per cent of its resident students, as defined in section 10-262f, enrolled in an interdistrict magnet school program, then the board of education for the town of East Hartford shall not be financially responsible for four thousand four hundred dollars of the portion of the per student tuition charged for each such student in excess of such seven per cent. The Department of Education shall, within available appropriations, be financially responsible for such excess per student tuition. Notwithstanding the provisions of this subsection, for the fiscal years ending June 30, 2016, and June 30, 2017, the amount of the grants payable to the board of education for the town of East Hartford in accordance with this subsection shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for purposes of this subsection.
Sec. 311. Section 10-266ee of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) For the fiscal year ending June 30, 2015, [and each fiscal year thereafter,] the Department of Education shall award, within available appropriations, a grant in an amount not to exceed two hundred fifty thousand dollars to the Hartford school district for program development and expansion of the Dr. Joseph S. Renzulli Gifted and Talented Academy to assist the state in meeting the goals of the 2013 stipulation for Milo Sheff, et al. v. William O'Neill, et al. Application for such grant funds awarded pursuant to this section shall be submitted [annually] to the Commissioner of Education at such time and in such manner as the commissioner prescribes.
(b) For the school year commencing July 1, 2014, [and each school year thereafter,] any student who is not a resident of the Hartford school district may apply for enrollment in the Dr. Joseph S. Renzulli Gifted and Talented Academy, provided such student is eligible for enrollment under the school's admissions policies. Any such student enrolled in the Dr. Joseph S. Renzulli Gifted and Talented Academy shall be so enrolled as a participant in the interdistrict public school attendance program pursuant to section 10-266aa.
(c) Grants awarded under this section shall supplement other grant awards to which the Dr. Joseph S. Renzulli Gifted and Talented Academy is entitled and shall not reduce such academy's eligibility for any other grant that such academy may be entitled to receive.
Sec. 312. Subsection (a) of section 10-266dd of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) For purposes of this section, "Sheff Lighthouse School" has the same meaning as "Lighthouse Schools", as defined in the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al, as extended.
Sec. 313. Subdivision (1) of subsection (a) of section 10-264i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) (1) (A) A local or regional board of education, (B) a regional educational service center, (C) the Board of Trustees of the Community-Technical Colleges on behalf of Quinebaug Valley Community College and Three Rivers Community College, (D) a cooperative arrangement pursuant to section 10-158a, or (E) to assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, as determined by the Commissioner of Education, (i) the Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (ii) the Board of Trustees of the Connecticut State University System on behalf of a state university, (iii) the Board of Trustees for The University of Connecticut on behalf of the university, (iv) the board of governors for an independent institution of higher education, as defined in subsection (a) of section 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, and (v) any other third-party not-for-profit corporation approved by the commissioner which transports a child to an interdistrict magnet school program, as defined in section 10-264l, in a town other than the town in which the child resides shall be eligible pursuant to section 10-264e to receive a grant for the cost of transporting such child in accordance with this section.
Sec. 314. Subdivision (3) of subsection (a) of section 10-264i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(3) For districts assisting the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, as determined by the commissioner, (i) for the fiscal year ending June 30, 2010, the amount of such grant shall not exceed an amount equal to the number of such children transported multiplied by one thousand four hundred dollars, and (ii) for the fiscal years ending June 30, 2011, to June 30, [2015] 2017, inclusive, the amount of such grant shall not exceed an amount equal to the number of such children transported multiplied by two thousand dollars.
Sec. 315. Subsection (a) of section 10-264h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) For the fiscal year ending June 30, 2012, and each fiscal year thereafter, a local or regional board of education, a regional educational service center, a cooperative arrangement pursuant to section 10-158a, or any of the following entities that operate an interdistrict magnet school that assists the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, as determined by the Commissioner of Education: (1) The Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (2) the Board of Trustees of the Connecticut State University System on behalf of a state university, (3) the Board of Trustees for The University of Connecticut on behalf of the university, (4) the board of governors for an independent institution of higher education, as defined in subsection (a) of section 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, and (5) any other third-party not-for-profit corporation approved by the Commissioner of Education, may be eligible for reimbursement, except as otherwise provided for, up to eighty per cent of the eligible cost of any capital expenditure for the purchase, construction, extension, replacement, leasing or major alteration of interdistrict magnet school facilities, including any expenditure for the purchase of equipment, in accordance with this section. To be eligible for reimbursement under this section a magnet school construction project shall meet the requirements for a school building project established in chapter 173, except that the Commissioner of Administrative Services, in consultation with the Commissioner of Education, may waive any requirement in said chapter for good cause. On and after July 1, 2011, the Commissioner of Administrative Services shall approve only applications for reimbursement under this section that the Commissioner of Education finds will reduce racial, ethnic and economic isolation. Applications for reimbursement under this section for the construction of new interdistrict magnet schools shall not be accepted until the Commissioner of Education develops a comprehensive state-wide interdistrict magnet school plan, in accordance with the provisions of subdivision (1) of subsection (b) of section 10-264l, unless the Commissioner of Education determines that such construction will assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended.
Sec. 316. (Effective July 1, 2015) (a) Notwithstanding the provisions of sections 10-285a and 10-264h of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services concerning the reimbursement rate for the construction of interdistrict magnet schools, the Capitol Region Education Council may use ninety-five per cent as the reimbursement rate for the construction of an interdistrict magnet facility on behalf of the town of Hartford for the Montessori Magnet at Moylan School, Hartford Prekindergarten Magnet School and Betances STEM Magnet School for the fiscal year beginning July 1, 2016, subject to a written contract between the town of Hartford and the Capitol Region Education Council, as approved by the Commissioner of Education, that outlines the roles, responsibilities, timelines and performance expectations for each party to the contract. The town of Hartford shall remain responsible for the local share of eligible project costs and any ineligible project costs for each project authorized in this section and shall file the notice of authorization of funding for the local share of the project costs for each project before authorization of any payment of the state share of eligible costs as required by section 10-287i of the general statutes and chapter 173 of the general statutes.
(b) Notwithstanding the provisions of subsection (a) of this section and sections 10-285a and 10-264h of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services concerning the reimbursement rate for the construction of interdistrict magnet schools, the town of Hartford may use ninety-five per cent as the reimbursement rate for the construction of an interdistrict magnet facility for the Montessori Magnet at Moylan School, Hartford Prekindergarten Magnet School and Betances STEM Magnet School for the fiscal year beginning July 1, 2016, for any such school that it does not partner with the Capitol Region Education Council for the construction of said facility pursuant to subsection (a) of this section.
Sec. 317. Subsections (a) to (c), inclusive, of section 10-264o of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) Notwithstanding any provision of this chapter, interdistrict magnet schools that begin operations on or after July 1, 2008, pursuant to the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, as determined by the Commissioner of Education, may operate without district participation agreements and enroll students from any district through a lottery designated by the commissioner.
(b) For the fiscal year ending June 30, 2013, and each fiscal year thereafter, any tuition charged to a local or regional board of education by a regional educational service center operating an interdistrict magnet school assisting the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, as determined by the Commissioner of Education, for any student enrolled in kindergarten to grade twelve, inclusive, in such interdistrict magnet school shall be in an amount equal to the difference between (1) the average per pupil expenditure of the magnet school for the prior fiscal year, and (2) the amount of any per pupil state subsidy calculated under subsection (c) of section 10-264l plus any revenue from other sources calculated on a per pupil basis. If any such board of education fails to pay such tuition, the commissioner may withhold from such board's town or towns a sum payable under section 10-262i in an amount not to exceed the amount of the unpaid tuition to the magnet school and pay such money to the fiscal agent for the magnet school as a supplementary grant for the operation of the interdistrict magnet school program. In no case shall the sum of such tuitions exceed the difference between (A) the total expenditures of the magnet school for the prior fiscal year, and (B) the total per pupil state subsidy calculated under subsection (c) of section 10-264l plus any revenue from other sources. The commissioner may conduct a comprehensive review of the operating budget of a magnet school to verify such tuition rate.
(c) (1) For the fiscal year ending June 30, 2013, a regional educational service center operating an interdistrict magnet school assisting the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, as determined by the Commissioner of Education, and offering a preschool program shall not charge tuition for a child enrolled in such preschool program.
(2) For the fiscal year ending June 30, 2014, a regional educational service center operating an interdistrict magnet school assisting the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, as determined by the Commissioner of Education, and offering a preschool program may charge tuition to the Department of Education for a child enrolled in such preschool program in an amount not to exceed an amount equal to the difference between (A) the average per pupil expenditure of the preschool program offered at the magnet school for the prior fiscal year, and (B) the amount of any per pupil state subsidy calculated under subsection (c) of section 10-264l plus any revenue from other sources calculated on a per pupil basis. The commissioner may conduct a comprehensive review of the operating budget of any such magnet school charging such tuition to verify such tuition rate.
(3) For the fiscal year ending June 30, 2015, [and each fiscal year thereafter,] a regional educational service center operating an interdistrict magnet school assisting the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, as determined by the Commissioner of Education, and offering a preschool program may charge tuition to the parent or guardian of a child enrolled in such preschool program in an amount that is in accordance with the sliding tuition scale adopted by the State Board of Education pursuant to section 10-264p, as amended by this act. The Department of Education shall be financially responsible for any unpaid portion of the tuition not charged to such parent or guardian under such sliding tuition scale. Such tuition shall not exceed an amount equal to the difference between (A) the average per pupil expenditure of the preschool program offered at the magnet school for the prior fiscal year, and (B) the amount of any per pupil state subsidy calculated under subsection (c) of section 10-264l plus any revenue from other sources calculated on a per pupil basis. The commissioner may conduct a comprehensive review of the operating budget of any such magnet school charging such tuition to verify such tuition rate.
(4) For the fiscal year ending June 30, 2016, and each fiscal year thereafter, a regional educational service center operating an interdistrict magnet school assisting the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, as determined by the Commissioner of Education, and offering a preschool program shall charge tuition to the parent or guardian of a child enrolled in such preschool program in an amount up to four thousand fifty-three dollars, except such regional educational service center shall not charge tuition to such parent or guardian with a family income at or below seventy-five per cent of the state median income. The Department of Education shall, within available appropriations, be financially responsible for any unpaid tuition charged to such parent or guardian with a family income at or below seventy-five per cent of the state median income. The commissioner may conduct a comprehensive financial review of the operating budget of any such magnet school charging such tuition to verify such tuition rate.
Sec. 318. Subsection (l) of section 10-66ee of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(l) Within available appropriations, the state may provide a grant in an amount not to exceed seventy-five thousand dollars to any newly approved state charter school that assists the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, as determined by the Commissioner of Education, for start-up costs associated with the new charter school program.
Sec. 319. Section 10-262s of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
The Commissioner of Education may, to assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, transfer funds appropriated for the Sheff settlement to the following: (1) Grants for interdistrict cooperative programs pursuant to section 10-74d, (2) grants for state charter schools pursuant to section 10-66ee, (3) grants for the interdistrict public school attendance program pursuant to section 10-266aa, (4) grants for interdistrict magnet schools pursuant to section 10-264l, and (5) to technical high schools for programming.
Sec. 320. Subdivision (5) of subsection (a) of section 10-266m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(5) Notwithstanding the provisions of this section, the Commissioner of Education may provide grants, within available appropriations, in an amount not to exceed two thousand dollars per pupil, to local and regional boards of education and regional educational service centers that transport (A) out-of-district students to technical high schools located in Hartford, or (B) Hartford students attending a technical high school or a regional agricultural science and technology education center outside of the district, to assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, as determined by the commissioner, for the costs associated with such transportation.
Sec. 321. Subsection (o) of section 10-266aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(o) Within available appropriations, the commissioner may make grants for academic student support for programs pursuant to this section that assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, as determined by the commissioner.
Sec. 322. Subdivisions (1) and (2) of subsection (a) of section 10-283 of the general statutes, as amended by section 2 of public act 15-63, are repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) (1) Each town or regional school district shall be eligible to apply for and accept grants for a school building project as provided in this chapter. Any town desiring a grant for a public school building project may, by vote of its legislative body, authorize the board of education of such town to apply to the Commissioner of Administrative Services and to accept or reject such grant for the town. Any regional school board may vote to authorize the supervising agent of the regional school district to apply to the Commissioner of Administrative Services for and to accept or reject such grant for the district. Applications for such grants under this chapter shall be made by the superintendent of schools of such town or regional school district on the form provided and in the manner prescribed by the Commissioner of Administrative Services. The application form shall require the superintendent of schools to affirm that the school district considered the maximization of natural light, the use and feasibility of wireless connectivity technology and, on and after July 1, 2014, the school safety infrastructure standards, developed by the School Safety Infrastructure Council, pursuant to section 10-292r, in projects for new construction and alteration or renovation of a school building. The Commissioner of Administrative Services shall review each grant application for a school building project for compliance with educational requirements and on the basis of categories for building projects established by the Commissioner of Administrative Services in accordance with this section. The Commissioner of Education shall evaluate, if appropriate, whether the project will assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al, as extended. The Commissioner of Administrative Services shall consult with the Commissioner of Education in reviewing grant applications submitted for purposes of subsection (a) of section 10-65 or section 10-76e on the basis of the educational needs of the applicant. The Commissioner of Administrative Services shall review each grant application for a school building project for compliance with standards for school building projects pursuant to regulations, adopted in accordance with section 10-287c, and, on and after July 1, 2014, the school safety infrastructure standards, developed by the School Safety Infrastructure Council pursuant to section 10-292r. Notwithstanding the provisions of this chapter, the Board of Trustees of the Community-Technical Colleges on behalf of Quinebaug Valley Community College and Three Rivers Community College and the following entities that will operate an interdistrict magnet school that will assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, as determined by the Commissioner of Education, may apply for and shall be eligible to receive grants for school building projects pursuant to section 10-264h for such a school: (A) The Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (B) the Board of Trustees of the Connecticut State University System on behalf of a state university, (C) the Board of Trustees for The University of Connecticut on behalf of the university, (D) the board of governors for an independent institution of higher education, as defined in subsection (a) of section 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, (E) cooperative arrangements pursuant to section 10-158a, and (F) any other third-party not-for-profit corporation approved by the Commissioner of Education.
(2) The Commissioner of Education shall assign each school building project to a category on the basis of whether such project is primarily required to: (A) Create new facilities or alter existing facilities to provide for mandatory instructional programs pursuant to this chapter, for physical education facilities in compliance with Title IX of the Elementary and Secondary Education Act of 1972 where such programs or such compliance cannot be provided within existing facilities or for the correction of code violations which cannot be reasonably addressed within existing program space; (B) create new facilities or alter existing facilities to enhance mandatory instructional programs pursuant to this chapter or provide comparable facilities among schools to all students at the same grade level or levels within the school district unless such project is otherwise explicitly included in another category pursuant to this section; and (C) create new facilities or alter existing facilities to provide supportive services, provided in no event shall such supportive services include swimming pools, auditoriums, outdoor athletic facilities, tennis courts, elementary school playgrounds, site improvement or garages or storage, parking or general recreation areas. All applications submitted prior to July first shall be reviewed promptly by the Commissioner of Administrative Services. The Commissioner of Administrative Services shall estimate the amount of the grant for which such project is eligible, in accordance with the provisions of section 10-285a, provided an application for a school building project determined by the Commissioner of Education to be a project that will assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, shall have until September first to submit an application for such a project and may have until December first of the same year to secure and report all local and state approvals required to complete the grant application. The Commissioner of Administrative Services shall annually prepare a listing of all such eligible school building projects listed by category together with the amount of the estimated grants for such projects and shall submit the same to the Governor, the Secretary of the Office of Policy and Management and the General Assembly on or before the fifteenth day of December, except as provided in section 10-283a, with a request for authorization to enter into grant commitments. On or before December thirty-first annually, the Secretary of the Office of Policy and Management shall submit comments and recommendations regarding each eligible project on such listing of eligible school building projects to the school construction committee, established pursuant to section 10-283a. Each such listing submitted after December 15, 2005, until December 15, 2010, inclusive, shall include a separate schedule of authorized projects which have changed in scope or cost to a degree determined by the Commissioner of Education once, and a separate schedule of authorized projects which have changed in scope or cost to a degree determined by said commissioner twice. Any such listing submitted after December 15, 2010, until December 15, 2011, inclusive, shall include a separate schedule of authorized projects which have changed in scope or cost to a degree determined by the Commissioner of Administrative Services once, and a separate schedule of authorized projects which have changed in scope or cost to a degree determined by said commissioner twice. For the period beginning July 1, 2011, and ending December 31, 2013, each such listing shall include a report on the review conducted by the Commissioner of Education of the enrollment projections for each such eligible project. On and after January 1, 2014, each such listing shall include a report on the review conducted by the Commissioner of Administrative Services of the enrollment projections for each such eligible project. For the period beginning July 1, 2006, and ending June 30, 2012, no project, other than a project for a technical high school, may appear on the separate schedule of authorized projects which have changed in cost more than twice. On and after July 1, 2012, no project, other than a project for a technical high school, may appear on the separate schedule of authorized projects which have changed in cost more than once, except the Commissioner of Administrative Services may allow a project to appear on such separate schedule of authorized projects a second time if the town or regional school district for such project can demonstrate that exigent circumstances require such project to appear a second time on such separate schedule of authorized projects. Notwithstanding any provision of this chapter, no projects which have changed in scope or cost to the degree determined by the Commissioner of Administrative Services, in consultation with the Commissioner of Education, shall be eligible for reimbursement under this chapter unless it appears on such list. The percentage determined pursuant to section 10-285a at the time a school building project on such schedule was originally authorized shall be used for purposes of the grant for such project. On and after July 1, 2006, a project that was not previously authorized as an interdistrict magnet school shall not receive a higher percentage for reimbursement than that determined pursuant to section 10-285a at the time a school building project on such schedule was originally authorized. The General Assembly shall annually authorize the Commissioner of Administrative Services to enter into grant commitments on behalf of the state in accordance with the commissioner's categorized listing for such projects as the General Assembly shall determine. The Commissioner of Administrative Services may not enter into any such grant commitments except pursuant to such legislative authorization. Any regional school district which assumes the responsibility for completion of a public school building project shall be eligible for a grant pursuant to subdivision (5) or (6), as the case may be, of subsection (a) of section 10-286 when such project is completed and accepted by such regional school district.
Sec. 323. Subsection (c) of section 10-283 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(c) No school building project shall be added to the list prepared by the Commissioner of Administrative Services pursuant to subsection (a) of this section after such list is submitted to the committee of the General Assembly appointed pursuant to section 10-283a unless (1) the project is for a school placed on probation by the New England Association of Schools and Colleges and the project is necessary to preserve accreditation, (2) the project is necessary to replace a school building for which a state agency issued a written notice of its intent to take the school property for public purpose, (3) it is a school building project determined by the Commissioner of Education to be a project that will assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended. The provisions of this subsection shall not apply to projects previously authorized by the General Assembly that require special legislation to correct procedural deficiencies.
Sec. 324. Section 10-264p of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
For the fiscal year ending June 30, 2015, [and each fiscal year thereafter,] the Department of Education, in consultation with the Department of Social Services, shall develop a sliding tuition scale based on family income to be used in the calculation of the amount that a regional educational service center operating an interdistrict magnet school offering a preschool program may charge for tuition to the parent or guardian of a child enrolled in such preschool program pursuant to section 10-264l or 10-264o, as amended by this act.
Sec. 325. (NEW) (Effective July 1, 2015) Notwithstanding subdivision (3) of subsection (b) of section 10-264l of the general statutes, an interdistrict magnet school program that (1) does not assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, as determined by the Commissioner of Education, and (2) is not in compliance with the enrollment requirements for students of racial minorities, pursuant to section 10-264l of the general statutes, following the submission of student information data of such interdistrict magnet school program to the state-wide public school information system, pursuant to section 10-10a of the general statutes, on or before October 1, 2015, shall remain eligible for an interdistrict magnet school operating grant pursuant to section 10-264l of the general statutes, if such interdistrict magnet school program submits a compliance plan to the Commissioner of Education and the commissioner approves such plan.
Sec. 326. Section 5-198 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
The offices and positions filled by the following-described incumbents shall be exempt from the classified service:
(1) All officers and employees of the Judicial Department;
(2) All officers and employees of the Legislative Department;
(3) All officers elected by popular vote;
(4) All agency heads, members of boards and commissions and other officers appointed by the Governor;
(5) All persons designated by name in any special act to hold any state office;
(6) All officers, noncommissioned officers and enlisted men in the military or naval service of the state and under military or naval discipline and control;
(7) (A) All correctional wardens, as provided in section 18-82, and (B) all superintendents of state institutions, the State Librarian, the president of The University of Connecticut and any other commissioner or administrative head of a state department or institution who is appointed by a board or commission responsible by statute for the administration of such department or institution;
(8) The State Historian appointed by the State Library Board;
(9) Deputies to the administrative head of each department or institution designated by statute to act for and perform all of the duties of such administrative head during such administrative head's absence or incapacity;
(10) Executive assistants to each state elective officer and each department head, as defined in section 4-5, provided (A) each position of executive assistant shall have been created in accordance with section 5-214, and (B) in no event shall the Commissioner of Administrative Services or the Secretary of the Office of Policy and Management approve more than four executive assistants for a department head;
(11) One personal secretary to the administrative head and to each undersecretary or deputy to such head of each department or institution;
(12) All members of the professional and technical staffs of the constituent units of the state system of higher education, as defined in section 10a-1, of all other state institutions of learning, of the Board of Regents for Higher Education, and of the agricultural experiment station at New Haven, professional and managerial employees of the Department of Education and the Office of Early Childhood and teachers certified by the State Board of Education and employed in teaching positions at state institutions;
(13) Physicians, dentists, student nurses in institutions and other professional specialists who are employed on a part-time basis;
(14) Persons employed to make or conduct a special inquiry, investigation, examination or installation;
(15) Students in educational institutions who are employed on a part-time basis;
(16) Forest fire wardens provided for by section 23-36;
(17) Patients or inmates of state institutions who receive compensation for services rendered therein;
(18) Employees of the Governor including employees working at the executive office, official executive residence at 990 Prospect Avenue, Hartford and the Washington D.C. office;
(19) Persons filling positions expressly exempted by statute from the classified service;
(20) Librarians employed by the State Board of Education or any constituent unit of the state system of higher education;
(21) All officers and employees of the Division of Criminal Justice;
(22) Professional employees in the education professions bargaining unit of the Department of Rehabilitation Services;
(23) Lieutenant colonels in the Division of State Police within the Department of Emergency Services and Public Protection;
(24) The Deputy State Fire Marshal within the Department of Administrative Services;
(25) The chief administrative officer of the Workers' Compensation Commission;
(26) Employees in the education professions bargaining unit;
(27) Disability policy specialists employed by the Council on Developmental Disabilities; and
(28) The director for digital media and motion picture activities in the Department of Economic and Community Development.
Sec. 327. Subdivision (1) of subsection (b) of section 10-16q of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(b) (1) For the fiscal year ending June 30, 2015, and each fiscal year thereafter, the per child cost of the Office of Early Childhood school readiness program offered by a school readiness provider shall not exceed eight thousand [six] nine hundred [seventy] twenty-seven dollars.
Sec. 328. Section 10-16n of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) The Commissioner of Early Childhood shall establish a competitive grant program to assist nonprofit agencies and local and regional boards of education, which are federal Head Start grantees, in (1) establishing extended-day and full-day, year-round, Head Start programs or expanding existing Head Start programs to extended-day or full-day, year-round programs, (2) enhancing program quality, [and] (3) increasing the number of children served in programs that are both a Head Start program and Early Head Start grantee or delegate, (4) increasing the number of Early Head Start children served above those who are federally funded, and (5) increasing the hours for children currently receiving Early Head Start services. The commissioner, after consultation with the committee established pursuant to subsection (c) of this section, shall establish criteria for the grants, provided at least twenty-five per cent of the funding for such grants shall be for the purpose of enhancing program quality. Nonprofit agencies or boards of education seeking grants pursuant to this section shall make application to the commissioner on such forms and at such times as the commissioner shall prescribe. All grants pursuant to this section shall be funded within the limits of available appropriations or otherwise from federal funds and private donations. All full-day, year-round Head Start programs funded pursuant to this section shall be in compliance with federal Head Start performance standards.
(b) The Office of Early Childhood shall annually allocate to each town in which the number of children under the temporary family assistance program, as defined in subdivision (17) of section 10-262f, equals or exceeds nine hundred children, determined for the fiscal year ending June 30, 1996, an amount equal to one hundred fifty thousand dollars plus eight and one-half dollars for each child under the temporary family assistance program, provided such amount may be reduced proportionately so that the total amount awarded pursuant to this subsection does not exceed two million seven hundred thousand dollars. The office shall award grants to the local and regional boards of education for such towns and nonprofit agencies located in such towns which meet the criteria established pursuant to subsection (a) of this section to maintain the programs established or expanded with funds provided pursuant to this subsection in the fiscal years ending June 30, 1996, and June 30, 1997. Any funds remaining in the allocation to such a town after grants are so awarded shall be used to increase allocations to other such towns. Any funds remaining after grants are so awarded to boards of education and nonprofit agencies in all such towns shall be available to local and regional boards of education and nonprofit agencies in other towns in the state for grants for such purposes.
(c) There is established a committee to advise the commissioner concerning the coordination, priorities for allocation and distribution, and utilization of funds for Head Start and Early Head Start and concerning the competitive grant program established under this section, and to evaluate programs funded pursuant to this section. The committee shall consist of the following members: (1) One member designated by the commissioner; (2) six members who are directors of Head Start programs, two from community action agency program sites or school readiness liaisons, one of whom shall be appointed by the president pro tempore of the Senate and one by the speaker of the House of Representatives, two from public school program sites, one of whom shall be appointed by the majority leader of the Senate and one by the majority leader of the House of Representatives, and two from other nonprofit agency program sites, one of whom shall be appointed by the minority leader of the Senate and one by the minority leader of the House of Representatives; (3) one member designated by the Commission on Children; (4) one member designated by the Early Childhood Cabinet, established pursuant to section 10-16z; (5) two members designated by the Head Start Association, one of whom shall be the parent of a present or former Head Start student; (6) one member designated by the Connecticut Association for Community Action who shall have expertise and experience concerning Head Start; (7) one member designated by the Region I Office of Head Start within the federal Administration of Children and Families of the Department of Health and Human Services; and (8) the director of the Head Start Collaboration Office.
(d) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, for purposes of this section.
Sec. 329. Subsections (a) and (b) of section 10-223e of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) As used in this section:
[(1) "School performance index" means the weighted sum of the subject performance indices for mathematics, reading, writing and science.
(2) "School subject performance index for mathematics" means the sum of the school mastery test data of record, as defined in section 10-262f, for mathematics weighted based on: (A) The percentage of students scoring below basic, (B) the percentage of students scoring at basic, (C) the percentage of students scoring at proficient, (D) the percentage of students scoring at goal, and (E) the percentage of students scoring at advanced, except that the State Board of Education may authorize the use of alternative versions of this formula at grade levels other than elementary grade levels.
(3) "School subject performance index for reading" means the sum of the school mastery test data of record, as defined in section 10-262f, for reading weighted based on: (A) The percentage of students scoring below basic, (B) the percentage of students scoring at basic, (C) the percentage of students scoring at proficient, (D) the percentage of students scoring at goal, and (E) the percentage of students scoring at advanced, except that the State Board of Education may authorize the use of alternative versions of this formula at grade levels other than elementary grade levels.
(4) "School subject performance index for writing" means the sum of the school mastery test data of record, as defined in section 10-262f, for writing weighted based on: (A) The percentage of students scoring below basic, (B) the percentage of students scoring at basic, (C) the percentage of students scoring at proficient, (D) the percentage of students scoring at goal, and (E) the percentage of students scoring at advanced, except that the State Board of Education may authorize the use of alternative versions of this formula at grade levels other than elementary grade levels.
(5) "School subject performance index for science" means the sum of the school mastery test data of record, as defined in section 10-262f, for science weighted based on: (A) The percentage of students scoring below basic, (B) the percentage of students scoring at basic, (C) the percentage of students scoring at proficient, (D) the percentage of students scoring at goal, and (E) the percentage of students scoring at advanced, except that the State Board of Education may authorize the use of alternative versions of this formula at grade levels other than elementary grade levels.]
(1) "Accountability index" means the score resulting from multiple student, school or district-level measures, as weighted by the Department of Education, that (A) shall include the performance index score and high school graduation rates, and (B) may include, but need not be limited to, academic growth over time, attendance and chronic absenteeism, postsecondary education and career readiness, enrollment in and graduation from institutions of higher education and postsecondary education programs, civics and arts education and physical fitness.
(2) "Performance index" means the score, as calculated by the Department of Education using the mastery test data of record, assigned to student subgroups, schools or districts.
(3) "Mastery test data of record" has the same meaning as provided in section 10-262f, as amended by this act.
[(6)] (4) "Category five schools" means schools with the lowest performance as indicated by factors set forth in the state-wide performance management and support plan, prepared pursuant to subsection (b) of this section, that may include, but are not limited to, the [school performance] accountability index. [, change in school performance index over time, growth in student achievement as measured by standardized assessments, and high school graduation and dropout rates for the entire student population and for subgroups of students.]
[(7)] (5) "Category four schools" means schools with the lowest performance other than category five schools as indicated by factors set forth in the state-wide performance management and support plan, prepared pursuant to subsection (b) of this section, that may include, but are not limited to, the [school performance] accountability index. [, change in school performance index over time, growth in student achievement as measured by standardized assessments, and high school graduation and dropout rates for the entire student population and for subgroups of students.]
[(8)] (6) "Category three schools" means schools with higher performance than category four and five schools, but lower performance than category one and two schools as indicated by factors set forth in the state-wide performance management and support plan, prepared pursuant to subsection (b) of this section, that may include, but are not limited to, the [school performance] accountability index. [, change in school performance index over time, growth in student achievement as measured by standardized assessments, and high school graduation and dropout rates for the entire student population and for subgroups of students.]
[(9)] (7) "Category two schools" means schools that have higher performance than category three, category four and category five schools, but lower performance than category one schools as indicated by factors set forth in the state-wide performance management and support plan, prepared pursuant to subsection (b) of this section, that may include, but are not limited to, the [school performance] accountability index. [, change in school performance index over time, growth in student achievement as measured by standardized assessments, and high school graduation and dropout rates for the entire student population and for subgroups of students.]
[(10)] (8) "Category one schools" means schools that have the highest performance as indicated by factors set forth in the state-wide performance management and support plan, prepared pursuant to subsection (b) of this section, that may include, but are not limited to, the [school performance] accountability index. [, change in school performance index over time, growth in student achievement as measured by standardized assessments, and high school graduation and dropout rates for the entire student population and for subgroups of students.]
[(11)] (9) ["Focus schools" means schools that have a low performing subgroup of students using measures of student academic achievement and growth in the aggregate or for such subgroups over time, including any period of time prior to July 1, 2014] "Focus school" has the same meaning as "focus school" as described in the United States Department of Education's ESEA Flexibility policy document, updated June 7, 2012.
(b) (1) For the school years commencing July 1, 2002, to July 1, 2011, inclusive, in conformance with the No Child Left Behind Act, P.L. 107-110, the Commissioner of Education shall prepare a state-wide education accountability plan, consistent with federal law and regulation. Such plan shall identify the schools and districts in need of improvement, require the development and implementation of improvement plans and utilize rewards and consequences.
(2) For the school [year] years commencing July 1, 2012, [and each school year thereafter] to July 1, 2014, inclusive, the Department of Education shall prepare a state-wide performance management and support plan, consistent with federal law and regulation. Such plan shall (A) identify districts in need of improvement, (B) classify schools as category one, two, three, four or five schools based on their school performance index and other factors, and (C) identify focus schools.
(3) For the school year commencing July 1, 2015, and each school year thereafter, the Department of Education shall prepare a state-wide performance management and support plan, consistent with federal law and regulation. Such plan shall (A) identify districts in need of improvement, (B) classify schools as category one, two, three, four or five schools based on the accountability index, and (C) identify focus schools.
Sec. 330. Subsection (a) of section 10-262u of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) As used in this section and section 10-262i:
(1) "Alliance district" means a school district that is in a town that is among the towns with the lowest [district performance indices] accountability index scores.
[(2) "District performance index" means the sum of the district subject performance indices for mathematics, reading, writing and science.
(3) "District subject performance index for mathematics" means thirty per cent multiplied by the sum of the mastery test data of record, as defined in section 10-262f, for a district for mathematics weighted as follows: (A) Zero for the percentage of students scoring below basic, (B) twenty-five per cent for the percentage of students scoring at basic, (C) fifty per cent for the percentage of students scoring at proficient, (D) seventy-five per cent for the percentage of students scoring at goal, and (E) one hundred per cent for the percentage of students scoring at advanced.
(4) "District subject performance index for reading" means thirty per cent multiplied by the sum of the mastery test data of record, as defined in section 10-262f, for a district for reading weighted as follows: (A) Zero for the percentage of students scoring below basic, (B) twenty-five per cent for the percentage of students scoring at basic, (C) fifty per cent for the percentage of students scoring at proficient, (D) seventy-five per cent for the percentage of students scoring at goal, and (E) one hundred per cent for the percentage of students scoring at advanced.
(5) "District subject performance index for writing" means thirty per cent multiplied by the sum of the mastery test data of record, as defined in section 10-262f, for a district for writing weighted as follows: (A) Zero for the percentage of students scoring below basic, (B) twenty-five per cent for the percentage of students scoring at basic, (C) fifty per cent for the percentage of students scoring at proficient, (D) seventy-five per cent for the percentage of students scoring at goal, and (E) one hundred per cent for the percentage of students scoring at advanced.
(6) "District subject performance index for science" means ten per cent multiplied by the sum of the mastery test data of record, as defined in section 10-262f, for a district for science weighted as follows: (A) Zero for the percentage of students scoring below basic, (B) twenty-five per cent for the percentage of students scoring at basic, (C) fifty per cent for the percentage of students scoring at proficient, (D) seventy-five per cent for the percentage of students scoring at goal, and (E) one hundred per cent for the percentage of students scoring at advanced.]
(2) "Accountability index" has the same meaning as provided in section 10-223e, as amended by this act.
(3) "Mastery test data of record" has the same meaning as provided in section 10-262f, as amended by this act.
[(7)] (4) "Educational reform district" means a school district that is in a town that is among the ten lowest [district performance indices] accountability index scores when all towns are ranked highest to lowest in [district performance indices] accountability index scores.
Sec. 331. Subdivision (16) of section 10-262f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(16) "Mastery test data of record" means for the school year commencing July 1, 2013, and each school year thereafter, the data of record [on the December thirty-first] subsequent to the administration of the mastery examinations pursuant to subsection (b) of section 10-14n, [or such data] as adjusted by the Department of Education pursuant to a request by a local or regional board of education [for an adjustment of the mastery test data from such examination] filed with the department not later than the [November] August thirtieth following the administration of such examination.
Sec. 332. (Effective July 1, 2015) Not later than January 1, 2016, the Department of Education shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes, explaining and comparing the formulas and scores of the school performance index, as defined in section 10-223e of the general statutes, revision of 1958, revised to January 1, 2015, the district performance index, as defined in section 10-262u of the general statutes, revision of 1958, revised to January 1, 2015, the accountability index, as defined in section 10-223e of the general statutes, as amended by this act, and the performance index, as defined in section 10-223e of the general statutes, as amended by this act. Such report shall include, but need not be limited to, (1) an explanation of the formula for the school performance index, district performance index, accountability index and performance index; (2) the categories of the data used in the computation of the school performance index, district performance index, accountability index and performance index; (3) an explanation of how such data is weighted in the school performance index, district performance index, accountability index and performance index; (4) the school performance index, district performance index, accountability index and performance index scores for each school district; (5) a comparison of such scores; and (6) an explanation for why the scores for the accountability index and performance index are different from the scores for the school performance index and district performance index.
Sec. 333. Subdivision (2) of subsection (j) of section 10-66bb of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(2) An enrollment lottery described in subdivision (8) of subsection (d) of this section shall not be held for a local charter school that is established at a school that is among the schools with a percentage equal to or less than five per cent when all schools are ranked highest to lowest in [school performance] accountability index scores, as defined in section 10-223e, as amended by this act.
Sec. 334. Subdivisions (1) and (2) of subsection (j) of section 10-223h of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(j) (1) The Commissioner of Education shall annually submit a report on the academic performance of each school participating in the commissioner's network of schools to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a. Such report shall include, but not be limited to, (A) the [school performance] accountability index score, as defined in section 10-223e, as amended by this act, for such school, (B) trends for the [school performance] accountability index scores during the period that such school is participating in the commissioner's network of schools, (C) adjustments for subgroups of students at such school, including, but not limited to, students whose primary language is not English, students receiving special education services and students who are eligible for free or reduced price lunches, and (D) performance evaluation results in the aggregate for teachers and administrators at such school.
(2) The Commissioner of Education shall annually submit a report comparing and analyzing the academic performance of all the schools participating in the commissioner's network of schools to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a. Such report shall include, but not be limited to, (A) the [school performance] accountability index [scores] score, as defined in section 10-223e, as amended by this act, for the school, (B) trends for the [school performance] accountability indices during the period that such schools are participating in the commissioner's network of schools, (C) adjustments for subgroups of students at such schools, including, but not limited to, students whose primary language is not English, students receiving special education services and students who are eligible for free or reduced price lunches, and (D) performance evaluation results in the aggregate for teachers and administrators at such schools.
Sec. 335. Section 10-223k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
The Department of Education shall annually publish and make available on the department's Internet web site (1) the state-wide performance management and support plan, as described in subsection (b) of section 10-223e, as amended by this act, (2) a list of schools ranked highest to lowest in [school performance] accountability index scores, as defined in section 10-223e, as amended by this act, (3) the formula and manner in which the [school performance] accountability index was calculated for each school, and (4) the alternative versions of the formula used to calculate the [school subject performance] accountability indices at grade levels other than elementary grade levels.
Sec. 336. Subsection (a) of section 10-223f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) For the school year commencing July 1, [2013] 2015, and each school year thereafter, the Department of Education shall calculate the [district performance] accountability index, as defined in section [10-262u,] 10-223e, as amended by this act, for an alliance district, as defined in [said] section 10-262u, as amended by this act, with data from each school under the jurisdiction of the board of education for such alliance district and data from any state or local charter school, as defined in section 10-66aa, located in such alliance district, provided the local board of education for such alliance district and the state or local charter school reach mutual agreement for the inclusion of the data from the state or local charter schools and the terms of such agreement are approved by the State Board of Education.
Sec. 337. (Effective July 1, 2015) Notwithstanding the provisions of subdivision (4) of subsection (c) of section 10-264l of the general statutes, as amended by this act, for the fiscal year ending June 30, 2016, enrollment shall increase into a secondary permanent location as part of the expansion of the Rogers International School in the town of Stamford, as approved by the Commissioner of Education.
Sec. 338. Subsection (e) of section 10-266p of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(e) In addition to the amounts allocated pursuant to subsections (a), (c) and (d) of this section, for the fiscal year ending June 30, 2005, and each fiscal year thereafter, the State Board of Education shall allocate (1) one million five hundred thousand dollars to the town which ranks one in population pursuant to subdivision (1) of said subsection (a), (2) one million dollars to each town which ranks from two to four, inclusive, in population pursuant to said subdivision (1), (3) [six] eight hundred fifty thousand dollars to the town which ranks five in population pursuant to said subdivision (1), except for the fiscal year ending June 30, 2015, said town which ranks five in population pursuant to said subdivision (1) shall receive an allocation of eight hundred fifty thousand dollars, (4) five hundred thousand dollars to each town which ranks from six to eight, inclusive, in population pursuant to said subdivision (1), and (5) two hundred fifty thousand dollars to each of the towns described in subdivisions (2) and (3) of said subsection (a), except that the towns described in subdivision (1) of said subsection (a) shall not receive any additional allocation pursuant to subdivision (5) of this subsection if they are also described in subdivision (2) or (3) of said subsection (a).
Sec. 339. (Effective July 1, 2015) Up to $250,000 of the unexpended balance of funds appropriated to the Department of Education, for Priority School Districts, in section 1 of public act 13-247, as amended by section 1 of public act 14-47, for the fiscal year ending June 30, 2015, shall not lapse on said date, and such funds shall continue to be available for a grant pursuant to subdivision (3) of subsection (e) of section 10-266p of the general statutes, as amended by this act, during the fiscal year ending June 30, 2016.
Sec. 340. (Effective July 1, 2015) (a) (1) Up to $495,000 of the amount appropriated to the Department of Education, for Education Equalization Grants, in section 1 of public act 15-244, for the fiscal year ending June 30, 2016, shall be used for the purpose of funding up to forty-five seats at the Common Ground High School.
(2) Up to $440,000 of the amount appropriated to the Department of Education, for Education Equalization Grants, in section 1 of public act 15-244, for the fiscal year ending June 30, 2016, shall be used for the purpose of funding up to forty seats at the Highville Charter School.
(b) (1) Up to $495,000 of the amount appropriated to the Department of Education, for Education Equalization Grants, in section 1 of public act 15-244, for the fiscal year ending June 30, 2017, shall be used for the purpose of funding up to forty-five seats at the Common Ground High School.
(2) Up to $440,000 of the amount appropriated to the Department of Education, for Education Equalization Grants, in section 1 of public act 15-244, for the fiscal year ending June 30, 2017, shall be used for the purpose of funding up to forty seats at the Highville Charter School.
Sec. 341. Subsection (c) of section 10-145f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(c) Notwithstanding the provisions of this section and section 10-145b, the following persons shall be eligible for a nonrenewable temporary certificate: (1) A person who has resided in a state other than Connecticut during the year immediately preceding application for certification in Connecticut and meets the requirements for certification, excluding successful completion of the competency examination and subject matter assessment, if such person holds current teacher certification in a state other than Connecticut and has completed at least one year of successful teaching in another state in a public school or a nonpublic school approved by the appropriate state board of education, (2) a person who has graduated from a teacher preparation program at a college or university outside of the state and regionally accredited, and meets the requirements for certification, excluding successful completion of the competency examination and subject matter assessment, and (3) a person hired by a charter school after July first in any school year for a teaching position that school year, provided the person hired after said date could reasonably be expected to complete the requirements prescribed in subparagraphs (B) and (C) of subdivision (1) of subsection (c) of section 10-145b. The nonrenewable temporary certificate shall be valid for one year from the date it is issued, except the State Board of Education may extend a temporary certificate in the certification endorsement area of bilingual education issued under this subsection for an additional two years to a person who is employed by a local or regional board of education and providing instruction as part of a program of bilingual instruction, as defined in section 10-17e.
Sec. 342. Section 10-145h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) On and after July 1, [1999] 2015, the State Board of Education shall require an applicant for certification as a bilingual education teacher to demonstrate written competency in English and written and oral competency in the other language of instruction as a condition of certification. [Competency] Written competency in English shall be demonstrated by successful passage of the essential skills test approved by the State Board of Education. [Competency] Written competency in the other language shall be demonstrated on an examination, if available, of comparable difficulty as specified by the Department of Education. If such an examination is not available, competency shall be demonstrated by an appropriate alternative method as specified by the department. Oral competency in the other language shall be demonstrated by an appropriate method specified by the Department of Education.
(b) On and after July 1, [2003] 2015, the State Board of Education shall require persons seeking to become (1) elementary level bilingual education teachers to [be certified] meet coursework requirements in elementary education and bilingual education, and (2) secondary level bilingual education teachers to [be certified] meet coursework requirements in both the subject area they will teach and in bilingual education. [Such dual certification requirement may be met by earning a bachelor's degree in one field and meeting the requirements for an endorsement in the other field.] The State Board of Education may issue an endorsement in bilingual education to an applicant who has (A) completed coursework requirements in (i) elementary education and bilingual education, or (ii) the subject area they will teach and bilingual education, and (B) successful passage of examination requirements for bilingual education, as approved by the State Board of Education.
(c) On and after July 1, 2000, the State Board of Education shall require bilingual education teachers holding provisional educator certificates to meet the requirements of this subsection in order to qualify for a professional educator certificate to teach bilingual education. (1) Such bilingual education teachers who teach on the elementary level shall take fifteen credit hours in bilingual education and fifteen credit hours in language arts, reading and mathematics. (2) Such bilingual education teachers who teach on the middle or secondary level shall take fifteen credit hours in bilingual education and fifteen credit hours in the subject matter that they teach. Such professional educator certificate shall be valid for bilingual education and the grade level and content area of preparation.
[(d) (1) Notwithstanding subsection (a) of this section, for the period from July 1, 2005, to June 30, 2010, inclusive, the State Board of Education shall require an applicant for certification as a bilingual education teacher to demonstrate competency in English and the other language of instruction as a condition of certification. Competency in English shall be demonstrated by successful passage of the oral proficiency test in English and an essential skills test approved by the State Board of Education. Oral and written competency in the other language shall be demonstrated by passage of an examination, if available, of comparable difficulty as specified by the Department of Education. If such an examination is not available, competency shall be demonstrated by an appropriate alternative method as specified by the department.
(2) Notwithstanding subsection (b) of this section, for the period from July 1, 2005, to June 30, 2010, inclusive, the State Board of Education shall require persons seeking to become (A) elementary level bilingual education teachers to be certified in (i) bilingual education and achieve a satisfactory evaluation on the appropriate State Board of Education approved assessment for elementary education, or (ii) elementary education and have completed six semester hours of credit in English as a second language course work as approved by the State Board of Education, and (B) secondary level bilingual education teachers to be certified in (i) bilingual education and achieve a satisfactory evaluation on the appropriate State Board of Education approved subject area assessment, or (ii) the subject area they will teach and have completed six semester hours of credit in English as a second language course work as approved by the State Board of Education. Such certificates shall be valid for subject-specific bilingual education. Certification in elementary bilingual education shall be valid for grades kindergarten to eight, inclusive, and certification in secondary subject-specific bilingual education shall be valid for grades seven to twelve, inclusive.]
Sec. 343. Section 10-145k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) The State Board of Education shall, upon the request of a local or regional board of education, issue an international teacher permit in a subject shortage area pursuant to section 10-8b, provided the conditions for issuance of such permit pursuant to the provisions of subsections (b) and (c) of this section are met. Such permits shall be issued for one year and may be renewed for a period of up to one year, upon the request of the local or regional board of education, provided the teacher whose permit is to be renewed maintains, at the time of such renewal, a valid J-1 Visa issued by the United States Department of State at the time such permit is renewed.
(b) The local or regional board of education requesting the issuance of an international teacher permit shall attest to the existence of a plan for the supervision of the teacher.
(c) The teacher shall:
(1) Hold a J-1 visa issued by the United States Department of State;
(2) Be in the United States to teach (A) in accordance with a memorandum of understanding between Connecticut and the country from which the teacher is entering, or (B) as part of the Exchange Visitor Program administered by the United States Department of State Teacher Exchange Branch;
(3) (A) Hold the equivalent of a bachelor's degree, from a regionally accredited institution of higher education, as determined by a foreign credentialing agency recognized by the Commissioner of Education, with a major in or closely related to the certification endorsement area in which the teacher is to teach, [or] (B) hold such a degree without such a major and have successfully completed the teacher assessment for the appropriate subject area, as approved by the State Board of Education, or (C) have completed coursework or training prescribed by the State Board of Education to achieve proficiency deemed equivalent to a bachelor's degree, if such person will be providing instruction as part of a program of bilingual instruction, as defined in section 10-17e;
(4) Have completed, in the country from which the teacher is entering, the equivalent of a regionally accredited teacher preparation program; and
(5) Have achieved the level of oral proficiency in English as determined by an examination approved by the Commissioner of Education.
Sec. 344. Subsection (a) of section 10-151b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) The superintendent of each local or regional board of education shall annually evaluate or cause to be evaluated each teacher, and for the school year commencing July 1, 2013, and each school year thereafter, such annual evaluations shall be the teacher evaluation and support program adopted pursuant to subsection (b) of this section. The superintendent may conduct additional formative evaluations toward producing an annual summative evaluation. An evaluation pursuant to this subsection shall include, but need not be limited to, strengths, areas needing improvement, strategies for improvement and multiple indicators of student academic growth. Claims of failure to follow the established procedures of such teacher evaluation and support program shall be subject to the grievance procedure in collective bargaining agreements negotiated subsequent to July 1, 2004. In the event that a teacher does not receive a summative evaluation during the school year, such teacher shall receive a "not rated" designation for such school year. The superintendent shall report (1) the status of teacher evaluations to the local or regional board of education on or before June first of each year, and (2) the status of the implementation of the teacher evaluation and support program, including the frequency of evaluations, aggregate evaluation ratings, the number of teachers who have not been evaluated and other requirements as determined by the Department of Education, to the Commissioner of Education on or before [June thirtieth] September fifteenth of each year. For purposes of this section, the term "teacher" shall include each professional employee of a board of education, below the rank of superintendent, who holds a certificate or permit issued by the State Board of Education.
Sec. 345. Section 1 of public act 15-168 is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
Each local or regional board of education that assigns a school resource officer to any school under the jurisdiction of such board shall enter into a memorandum of understanding with a local law enforcement agency [or the Division of State Police within the Department of Emergency Services and Public Protection] regarding the role and responsibility of such school resource officer. Such memorandum of understanding shall include provisions addressing daily interactions between students and school personnel with school resource officers and [may] shall include a graduated response model for student discipline. For the purposes of this section, "school resource officer" means a sworn police officer of a local law enforcement agency [or a sworn officer of the Division of State Police within the Department of Emergency Services and Public Protection] who has been assigned to a school pursuant to an agreement between the local or regional board of education and the chief of police of a local law enforcement agency. [or the commanding officer of the Division of State Police.]
Sec. 346. (Effective July 1, 2015) Up to $220,818 of the amount appropriated to the Department of Education, for Magnet Schools, in section 1 of public act 15-244, for the fiscal years ending June 30, 2016, and June 30, 2017, shall be used for the purpose of defraying costs associated with interdistrict magnet school tuition charged to the town of East Hartford.
Sec. 347. (Effective from passage) Notwithstanding the provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education or the Department of Administrative Services, costs associated with construction-related professional service fees relating to site acquisition shall be reimbursed as eligible project costs for the new construction and purchase of site project (Project Number 027-0061 N/PS) at the Morgan School in the town of Clinton, provided such costs shall not exceed one million seven hundred thousand dollars.
Sec. 348. (NEW) (Effective July 1, 2015) (a) Not later than September first, annually, the Secretary of the Office of Policy and Management, in consultation with the Commissioner of Public Health, shall (1) determine the amounts appropriated for the needle and syringe exchange program, AIDS services, breast and cervical cancer detection and treatment, x-ray screening and tuberculosis care, and venereal disease control; and (2) inform the Insurance Commissioner of such amounts.
(b) (1) As used in this section: (A) "Health insurance" means health insurance of the types specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 of the general statutes; and (B) "health care center" has the same meaning as provided in section 38a-175 of the general statutes.
(2) Each domestic insurer or health care center doing health insurance business in this state shall annually pay to the Insurance Commissioner, for deposit in the Insurance Fund established under section 38a-52a of the general statutes, a public health fee assessed by the Insurance Commissioner pursuant to this section.
(3) Not later than September first, annually, each such insurer or health care center shall report to the Insurance Commissioner, in the form and manner prescribed by said commissioner, the number of insured or enrolled lives in this state as of May first immediately preceding the date for which such insurer or health care center is providing health insurance that provides coverage of the types specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 of the general statutes. Such number shall not include lives enrolled in Medicare, any medical assistance program administered by the Department of Social Services, workers' compensation insurance or Medicare Part C plans.
(c) Not later than November first, annually, the Insurance Commissioner shall determine the fee to be assessed for the current fiscal year against each such insurer and health care center. Such fee shall be calculated by multiplying the number of lives reported to said commissioner pursuant to subdivision (3) of subsection (b) of this section by a factor, determined annually by said commissioner as set forth in this subsection, to fully fund the aggregate amount determined under subsection (a) of this section. The Insurance Commissioner shall determine the factor by dividing the aggregate amount by the total number of lives reported to said commissioner pursuant to subdivision (3) of subsection (b) of this section.
(d) Not later than December first, annually, the Insurance Commissioner shall submit a statement to each such insurer and health care center that includes the proposed fee, identified on such statement as the "Public Health fee", for the insurer or health care center, calculated in accordance with this section. Not later than December twentieth, annually, any insurer or health care center may submit an objection to the Insurance Commissioner concerning the proposed public health fee. The Insurance Commissioner, after making any adjustment that said commissioner deems necessary, shall, not later than January first, annually, submit a final statement to each insurer and health care center that includes the final fee for the insurer or health care center. Each such insurer and health care center shall pay such fee to the Insurance Commissioner not later than February first, annually.
(e) Any such insurer or health care center aggrieved by an assessment levied under this section may appeal therefrom in the same manner as provided for appeals under section 38a-52 of the general statutes.
Sec. 349. Subsection (a) of section 19a-55 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) The administrative officer or other person in charge of each institution caring for newborn infants shall cause to have administered to every such infant in its care an HIV-related test, as defined in section 19a-581, a test for phenylketonuria and other metabolic diseases, hypothyroidism, galactosemia, sickle cell disease, maple syrup urine disease, homocystinuria, biotinidase deficiency, congenital adrenal hyperplasia and such other tests for inborn errors of metabolism as shall be prescribed by the Department of Public Health. The tests shall be administered as soon after birth as is medically appropriate. If the mother has had an HIV-related test pursuant to section 19a-90 or 19a-593, the person responsible for testing under this section may omit an HIV-related test. The Commissioner of Public Health shall (1) administer the newborn screening program, (2) direct persons identified through the screening program to appropriate specialty centers for treatments, consistent with any applicable confidentiality requirements, and (3) set the fees to be charged to institutions to cover all expenses of the comprehensive screening program including testing, tracking and treatment. The fees to be charged pursuant to subdivision (3) of this subsection shall be set at a minimum of [fifty-six] ninety-eight dollars. The Commissioner of Public Health shall publish a list of all the abnormal conditions for which the department screens newborns under the newborn screening program, which shall include screening for amino acid disorders, organic acid disorders and fatty acid oxidation disorders, including, but not limited to, long-chain 3-hydroxyacyl CoA dehydrogenase (L-CHAD) and medium-chain acyl-CoA dehydrogenase (MCAD).
Sec. 350. Section 38a-514b of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):
(a) As used in this section:
(1) "Applied behavior analysis" means the design, implementation and evaluation of environmental modifications, using behavioral stimuli and consequences, including the use of direct observation, measurement and functional analysis of the relationship between environment and behavior, to produce socially significant improvement in human behavior.
(2) ["Autism services provider"] "Autism spectrum disorder services provider" means any person, entity or group that provides treatment for autism spectrum disorder pursuant to this section.
(3) "Autism spectrum disorder" means [a pervasive developmental disorder] "autism spectrum disorder" as set forth in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders". [, including, but not limited to, Autistic Disorder, Rett's Disorder, Childhood Disintegrative Disorder, Asperger's Disorder and Pervasive Developmental Disorder Not Otherwise Specified.]
(4) "Behavioral therapy" means any interactive behavioral therapies derived from evidence-based research and consistent with the services and interventions designated by the Commissioner of Developmental Services pursuant to subsection (l) of section 17a-215c, as amended by this act, including, but not limited to, applied behavior analysis, cognitive behavioral therapy, or other therapies supported by empirical evidence of the effective treatment of individuals diagnosed with [an] autism spectrum disorder, that are: (A) Provided to children less than [fifteen] twenty-one years of age; and (B) provided or supervised by (i) a behavior analyst who is certified by the Behavior Analyst Certification Board, (ii) a licensed physician, or (iii) a licensed psychologist. For the purposes of this subdivision, behavioral therapy is "supervised by" such behavior analyst, licensed physician or licensed psychologist when such supervision entails at least one hour of face-to-face supervision of the autism spectrum disorder services provider by such behavior analyst, licensed physician or licensed psychologist for each ten hours of behavioral therapy provided by the supervised provider.
(5) "Diagnosis" means the medically necessary assessment, evaluation or testing performed by a licensed physician, licensed psychologist or licensed clinical social worker to determine if an individual has [an] autism spectrum disorder.
(b) Each group health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 that is delivered, issued for delivery, renewed, amended or continued in this state shall provide coverage for the diagnosis and treatment of autism spectrum disorder. [, except that coverage for an insured under such policy who has been diagnosed with autism spectrum disorder prior to the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders" shall be provided in accordance with subsection (i) of this section.] For the purposes of this section and section 38a-513c, [an] autism spectrum disorder shall be considered an illness.
(c) Such policy shall provide coverage for the following treatments, provided such treatments are (1) medically necessary, and (2) identified and ordered by a licensed physician, licensed psychologist or licensed clinical social worker for an insured who is diagnosed with [an] autism spectrum disorder, in accordance with a treatment plan developed by a behavior analyst who is certified by the Behavior Analyst Certification Board, licensed physician, licensed psychologist or licensed clinical social worker, pursuant to a comprehensive evaluation or reevaluation of the insured:
(A) Behavioral therapy;
(B) Prescription drugs, to the extent prescription drugs are a covered benefit for other diseases and conditions under such policy, prescribed by a licensed physician, a licensed physician assistant or an advanced practice registered nurse for the treatment of symptoms and comorbidities of autism spectrum disorder;
(C) Direct psychiatric or consultative services provided by a licensed psychiatrist;
(D) Direct psychological or consultative services provided by a licensed psychologist;
(E) Physical therapy provided by a licensed physical therapist;
(F) Speech and language pathology services provided by a licensed speech and language pathologist; and
(G) Occupational therapy provided by a licensed occupational therapist.
[(d) Such policy may limit the coverage for behavioral therapy to a yearly benefit of fifty thousand dollars for a child who is less than nine years of age, thirty-five thousand dollars for a child who is at least nine years of age and less than thirteen years of age and twenty-five thousand dollars for a child who is at least thirteen years of age and less than fifteen years of age.]
[(e)] (d) Such policy shall not impose (1) any limits on the number of visits an insured may make to an autism spectrum disorder services provider pursuant to a treatment plan on any basis other than a lack of medical necessity, or (2) a coinsurance, copayment, deductible or other out-of-pocket expense for such coverage that places a greater financial burden on an insured for access to the diagnosis and treatment of [an] autism spectrum disorder than for the diagnosis and treatment of any other medical, surgical or physical health condition under such policy.
[(f)] (e) (1) Except for treatments and services received by an insured in an inpatient setting, an insurer, health care center, hospital service corporation, medical service corporation or fraternal benefit society may review a treatment plan developed as set forth in subsection (c) of this section for such insured, in accordance with its utilization review requirements, not more than once every six months unless such insured's licensed physician, licensed psychologist or licensed clinical social worker agrees that a more frequent review is necessary or changes such insured's treatment plan.
(2) For the purposes of this section, the results of a diagnosis shall be valid for a period of not less than twelve months, unless such insured's licensed physician, licensed psychologist or licensed clinical social worker determines a shorter period is appropriate or changes the results of such insured's diagnosis.
[(g)] (f) Coverage required under this section may be subject to the other general exclusions and limitations of the group health insurance policy, including, but not limited to, coordination of benefits, participating provider requirements, restrictions on services provided by family or household members and case management provisions, except that any utilization review shall be performed in accordance with subsection [(f)] (e) of this section.
[(h)] (g) (1) Nothing in this section shall be construed to limit or affect (A) any other covered benefits available to an insured under (i) such group health insurance policy, (ii) section 38a-514, as amended by this act, or (iii) section 38a-516a, as amended by this act, (B) any obligation to provide services to an individual under an individualized education program pursuant to section 10-76d, or (C) any obligation imposed on a public school by the Individual With Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time.
(2) Nothing in this section shall be construed to require such group health insurance policy to provide reimbursement for special education and related services provided to an insured pursuant to section 10-76d, unless otherwise required by state or federal law.
[(i) Each such group health insurance policy shall maintain, for any insured diagnosed with autism spectrum disorder prior to the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", coverage as set forth in this section for the treatment of said disorder at the benefit levels, at a minimum, provided immediately preceding the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders".]
Sec. 351. Section 38a-488b of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):
(a) As used in this section:
(1) "Applied behavior analysis" means the design, implementation and evaluation of environmental modifications, using behavioral stimuli and consequences, including the use of direct observation, measurement and functional analysis of the relationship between environment and behavior, to produce socially significant improvement in human behavior.
(2) "Autism spectrum disorder services provider" means any person, entity or group that provides treatment for an autism spectrum disorder pursuant to this section.
(3) "Autism spectrum disorder" means "autism spectrum disorder" as set forth in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders".
(4) "Behavioral therapy" means any interactive behavioral therapies derived from evidence-based research and consistent with the services and interventions designated by the Commissioner of Developmental Services pursuant to subsection (l) of section 17a-215c, as amended by this act, including, but not limited to, applied behavior analysis, cognitive behavioral therapy, or other therapies supported by empirical evidence of the effective treatment of individuals diagnosed with autism spectrum disorder, that are: (A) Provided to children less than twenty-one years of age; and (B) provided or supervised by (i) a behavior analyst who is certified by the Behavior Analyst Certification Board, (ii) a licensed physician, or (iii) a licensed psychologist. For the purposes of this subdivision, behavioral therapy is "supervised by" such behavior analyst, licensed physician or licensed psychologist when such supervision entails at least one hour of face-to-face supervision of the autism spectrum disorder services provider by such behavior analyst, licensed physician or licensed psychologist for each ten hours of behavioral therapy provided by the supervised provider.
(5) "Diagnosis" means the medically necessary assessment, evaluation or testing performed by a licensed physician, licensed psychologist or licensed clinical social worker to determine if an individual has autism spectrum disorder.
[(a)] (b) Each individual health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 that is delivered, issued for delivery, renewed, amended or continued in this state shall provide coverage [for physical therapy, speech therapy and occupational therapy services] for the diagnosis and treatment of autism spectrum disorder. [, as set forth in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", to the extent such services are a covered benefit for other diseases and conditions under such policy, except that coverage for an insured under such policy who has been diagnosed with autism spectrum disorder prior to the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders" shall be provided in accordance with subsection (b) of this section.] For the purposes of this section and section 38a-482a, autism spectrum disorder shall be considered an illness.
[(b) Each such policy shall maintain, for any insured diagnosed with autism spectrum disorder prior to the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", coverage for physical therapy, speech therapy and occupational therapy services for the treatment of said disorder at the benefit levels, at a minimum, provided immediately preceding the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders".]
(c) Such policy shall provide coverage for the following treatments, provided such treatments are (1) medically necessary, and (2) identified and ordered by a licensed physician, licensed psychologist or licensed clinical social worker for an insured who is diagnosed with autism spectrum disorder, in accordance with a treatment plan developed by a behavior analyst who is certified by the Behavior Analyst Certification Board, licensed physician, licensed psychologist or licensed clinical social worker, pursuant to a comprehensive evaluation or reevaluation of the insured:
(A) Behavioral therapy;
(B) Prescription drugs, to the extent prescription drugs are a covered benefit for other diseases and conditions under such policy, prescribed by a licensed physician, a licensed physician assistant or an advanced practice registered nurse for the treatment of symptoms and comorbidities of autism spectrum disorder;
(C) Direct psychiatric or consultative services provided by a licensed psychiatrist;
(D) Direct psychological or consultative services provided by a licensed psychologist;
(E) Physical therapy provided by a licensed physical therapist;
(F) Speech and language pathology services provided by a licensed speech and language pathologist; and
(G) Occupational therapy provided by a licensed occupational therapist.
(d) Such policy shall not impose (1) any limits on the number of visits an insured may make to an autism spectrum disorder services provider pursuant to a treatment plan on any basis other than a lack of medical necessity, or (2) a coinsurance, copayment, deductible or other out-of-pocket expense for such coverage that places a greater financial burden on an insured for access to the diagnosis and treatment of autism spectrum disorder than for the diagnosis and treatment of any other medical, surgical or physical health condition under such policy.
(e) (1) Except for treatments and services received by an insured in an inpatient setting, an insurer, health care center, hospital service corporation, medical service corporation or fraternal benefit society may review a treatment plan developed as set forth in subsection (c) of this section for such insured, in accordance with its utilization review requirements, not more than once every six months unless such insured's licensed physician, licensed psychologist or licensed clinical social worker agrees that a more frequent review is necessary or changes such insured's treatment plan.
(2) For the purposes of this section, the results of a diagnosis shall be valid for a period of not less than twelve months, unless such insured's licensed physician, licensed psychologist or licensed clinical social worker determines a shorter period is appropriate or changes the results of such insured's diagnosis.
(f) Coverage required under this section may be subject to the other general exclusions and limitations of the individual health insurance policy, including, but not limited to, coordination of benefits, participating provider requirements, restrictions on services provided by family or household members and case management provisions, except that any utilization review shall be performed in accordance with subsection (e) of this section.
(g) (1) Nothing in this section shall be construed to limit or affect (A) any other covered benefits available to an insured under (i) such individual health insurance policy, (ii) section 38a-488a, as amended by this act, or (iii) section 38a-490a, as amended by this act, (B) any obligation to provide services to an individual under an individualized education program pursuant to section 10-76d, or (C) any obligation imposed on a public school by the Individual With Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time.
(2) Nothing in this section shall be construed to require such individual health insurance policy to provide reimbursement for special education and related services provided to an insured pursuant to section 10-76d, unless otherwise required by state or federal law.
Sec. 352. Section 38a-516a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):
(a) Each group health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered, issued for delivery, renewed, amended or continued in this state shall provide coverage for medically necessary early intervention services provided as part of an individualized family service plan pursuant to section 17a-248e. Such policy shall [(1)] provide coverage for such services provided by qualified personnel, as defined in section 17a-248, for a child from birth until the child's third birthday. [, and (2) maintain, for any insured diagnosed with autism spectrum disorder prior to the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", coverage for such services for the treatment of said disorder at the benefit levels, at a minimum, provided immediately preceding the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders".]
(b) No such policy shall impose a coinsurance, copayment, deductible or other out-of-pocket expense for such services, except that a high deductible health plan, as that term is used in subsection (f) of section 38a-520, shall not be subject to the deductible limits set forth in this section.
[(c) Such policy shall provide a maximum benefit of six thousand four hundred dollars per child per year and an aggregate benefit of nineteen thousand two hundred dollars per child over the total three-year period, except that for a child with autism spectrum disorder, as defined in section 38a-514b, who is receiving early intervention services as defined in section 17a-248, the maximum benefit available through early intervention providers shall be fifty thousand dollars per child per year and an aggregate benefit of one hundred fifty thousand dollars per child over the total three-year period as provided for in section 38a-514b. Nothing in this section shall be construed to increase the amount of coverage required for autism spectrum disorder for any child beyond the amounts set forth in section 38a-514b. Any coverage provided for autism spectrum disorder through an individualized family service plan pursuant to section 17a-248e shall be credited toward the coverage amounts required under section 38a-514b.]
[(d)] (c) No payment made under this section shall (1) [be applied by the insurer, health care center or plan administrator against or result in a loss of benefits due to any maximum lifetime or annual limits specified in the policy, (2)] adversely affect the availability of health insurance to the child, the child's parent or the child's family members insured under any such policy, or [(3)] (2) be a reason for the insurer, health care center or plan administrator to rescind or cancel such policy. Payments made under this section shall not be treated differently than other claim experience for purposes of premium rating.
Sec. 353. Section 38a-490a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):
(a) Each individual health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered, issued for delivery, renewed, amended or continued in this state shall provide coverage for medically necessary early intervention services provided as part of an individualized family service plan pursuant to section 17a-248e. Such policy shall [(1)] provide coverage for such services provided by qualified personnel, as defined in section 17a-248, for a child from birth until the child's third birthday. [, and (2) maintain, for any insured diagnosed with autism spectrum disorder prior to the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", coverage for such services for the treatment of said disorder at the benefit levels, at a minimum, provided immediately preceding the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders".]
(b) No such policy shall impose a coinsurance, copayment, deductible or other out-of-pocket expense for such services, except that a high deductible health plan, as that term is used in subsection (f) of section 38a-493, shall not be subject to the deductible limits set forth in this section.
[(c) Such policy shall provide a maximum benefit of six thousand four hundred dollars per child per year and an aggregate benefit of nineteen thousand two hundred dollars per child over the total three-year period.]
[(d)] (c) No payment made under this section shall (1) [be applied by the insurer, health care center or plan administrator against or result in a loss of benefits due to any maximum lifetime or annual limits specified in the policy, (2)] adversely affect the availability of health insurance to the child, the child's parent or the child's family members insured under any such policy, or [(3)] (2) be a reason for the insurer, health care center or plan administrator to rescind or cancel such policy. Payments made under this section shall not be treated differently than other claim experience for purposes of premium rating.
Sec. 354. Section 17a-215c of the general statutes is amended by adding subsection (l) as follows (Effective from passage):
(NEW) (l) The Commissioner of Developmental Services, in consultation with the Autism Spectrum Disorder Advisory Council, shall designate services and interventions that demonstrate, in accordance with medically established and research-based best practices, empirical effectiveness for the treatment of autism spectrum disorder. The commissioner shall update such designations periodically and whenever the commissioner deems it necessary to conform to changes generally recognized by the relevant medical community in evidence-based practices or research.
Sec. 355. Subdivision (3) of subsection (a) of section 38a-591c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(3) (A) Notwithstanding subdivision (2) of this subsection, for any utilization review for the treatment of a substance use disorder, as described in section 17a-458, the clinical review criteria used shall be: (i) The most recent edition of the American Society of Addiction [Medicine's Patient Placement Criteria] Medicine Treatment Criteria for Addictive, Substance-Related, and Co-Occurring Conditions; or (ii) clinical review criteria that the health carrier demonstrates is consistent with the most recent edition of the American Society of Addiction [Medicine's Patient Placement Criteria] Medicine Treatment Criteria for Addictive, Substance-Related, and Co-Occurring Conditions, in accordance with subparagraph (B) of this subdivision.
(B) A health carrier that uses clinical review criteria as set forth in subparagraph (A)(ii) of this subdivision shall create and maintain a document in an easily accessible location on such health carrier's Internet web site that (i) compares each aspect of such clinical review criteria with the American Society of Addiction [Medicine's Patient Placement Criteria] Medicine Treatment Criteria for Addictive, Substance-Related, and Co-Occurring Conditions, and (ii) provides citations to peer-reviewed medical literature generally recognized by the relevant medical community or to professional society guidelines that justify each deviation from the American Society of Addiction [Medicine's Patient Placement Criteria] Medicine Treatment Criteria for Addictive, Substance-Related, and Co-Occurring Conditions.
Sec. 356. (Effective from passage) (a) Not later than October 1, 2015, the Insurance Commissioner shall convene a working group to develop recommendations for behavioral health utilization and quality measures data that should be collected uniformly from state agencies that pay health care claims, group hospitalization and medical and surgical insurance plans established pursuant to section 5-259 of the general statutes, the state medical assistance program and health insurance companies and health care centers that write health insurance policies and health care contracts in this state. The purposes of such recommendations include, but are not limited to, protecting behavioral health parity for youths and other populations.
(b) The working group shall consist of the Insurance Commissioner, the Healthcare Advocate, the Commissioners of Social Services, Public Health, Mental Health and Addiction Services, Children and Families and Developmental Services and the Comptroller, or their designees, and may include representatives from health insurance companies or health care centers or any other members the Insurance Commissioner deems necessary and relevant to carry out the working group's duties under this section.
(c) (1) The working group shall determine the data that should be collected to inform analysis on (A) coverage for behavioral health services, (B) the adequacy of coverage for behavioral health conditions, including, but not limited to, autism spectrum disorders and substance use disorders, (C) the alignment of medical necessity criteria and utilization management procedures across such agencies, plans, program, companies and centers, (D) the adequacy of health care provider networks, (E) the overall availability of behavioral health care providers in this state, (F) the percentage of behavioral health care providers in this state that are participating providers under a group hospitalization and medical and surgical insurance plan established pursuant to section 5-259 of the general statutes, the state medical assistance program, or a health insurance policy or health care contract delivered, issued for delivery, renewed, amended or continued in this state, and (G) the adequacy of services available for behavioral health conditions, including, but not limited to, autism spectrum disorders and substance use disorders.
(2) The recommendations developed by the working group may include data such as (A) per member, per month claim expenses, (B) the median length of a covered treatment for an entire course of treatment by levels of care, (C) utilization review outcome data grouped by levels of care, age categories and levels of review as set forth in part VII of chapter 700c of the general statutes, (D) the number of in-network and out-of-network health care providers by location and provider type, (E) health care provider network management data by location and provider type, and (F) health care provider network fluctuations, the causes of such fluctuations and the decisions made by health insurance companies, health care centers and state agencies regarding the approval of health care providers to join a health care provider network.
(d) Not later than January 1, 2016, the Insurance Commissioner shall submit a report of the recommendations of the working group as set forth in subsection (a) of this section, in accordance with the provisions of section 11-4a of the general statutes, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to insurance, human services, public health and children.
Sec. 357. Subsection (j) of section 21a-254 of the general statutes, as amended by section 5 of public act 15-198, is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(j) (1) The commissioner shall, within available appropriations, establish an electronic prescription drug monitoring program to collect, by electronic means, prescription information for schedules II, III, IV and V controlled substances that are dispensed by pharmacies, nonresident pharmacies, as defined in section 20-627, outpatient pharmacies in hospitals or institutions or by any other dispenser. The program shall be designed to provide information regarding the prescription of controlled substances in order to prevent the improper or illegal use of the controlled substances and shall not infringe on the legitimate prescribing of a controlled substance by a prescribing practitioner acting in good faith and in the course of professional practice.
(2) The commissioner may identify other products or substances to be included in the electronic prescription drug monitoring program established pursuant to subdivision (1) of this subsection.
(3) [Each] Prior to July 1, 2016, each pharmacy, nonresident pharmacy, as defined in section 20-627, outpatient pharmacy in a hospital or institution and dispenser shall report to the commissioner, at least weekly, by electronic means or, if a pharmacy or outpatient pharmacy does not maintain records electronically, in a format approved by the commissioner, the following information for all controlled substance prescriptions dispensed by such pharmacy or outpatient pharmacy: (A) Dispenser identification number; (B) the date the prescription for the controlled substance was filled; (C) the prescription number; (D) whether the prescription for the controlled substance is new or a refill; (E) the national drug code number for the drug dispensed; (F) the amount of the controlled substance dispensed and the number of days' supply of the controlled substance; (G) a patient identification number; (H) the patient's first name, last name and street address, including postal code; (I) the date of birth of the patient; (J) the date the prescription for the controlled substance was issued by the prescribing practitioner and the prescribing practitioner's Drug Enforcement Agency's identification number; and (K) the type of payment.
(4) On and after July 1, 2016, each pharmacy, nonresident pharmacy, as defined in section 20-627, outpatient pharmacy in a hospital or institution, and dispenser shall report to the commissioner by electronic means, in a format approved by the commissioner, the following information for all controlled substance prescriptions dispensed by such pharmacy or outpatient pharmacy immediately upon, but in no event more than twenty-four hours after, dispensing such prescriptions: (A) Dispenser identification number; (B) the date the prescription for the controlled substance was filled; (C) the prescription number; (D) whether the prescription for the controlled substance is new or a refill; (E) the national drug code number for the drug dispensed; (F) the amount of the controlled substance dispensed and the number of days' supply of the controlled substance; (G) a patient identification number; (H) the patient's first name, last name and street address, including postal code; (I) the date of birth of the patient; (J) the date the prescription for the controlled substance was issued by the prescribing practitioner and the prescribing practitioner's Drug Enforcement Agency's identification number; and (K) the type of payment.
[(4)] (5) The commissioner may contract with a vendor for purposes of electronically collecting such controlled substance prescription information. The commissioner and any such vendor shall maintain the information in accordance with the provisions of chapter 400j.
[(5)] (6) The commissioner and any such vendor shall not disclose controlled substance prescription information reported pursuant to [subdivision (3)] subdivisions (3) and (4) of this subsection, except as authorized pursuant to the provisions of sections 21a-240 to 21a-283, inclusive. Any person who knowingly violates any provision of this subdivision or subdivision [(4)] (5) of this subsection shall be guilty of a class D felony.
[(6)] (7) The commissioner shall provide, upon request, controlled substance prescription information obtained in accordance with [subdivision (3)] subdivisions (3) and (4) of this subsection to the following: (A) The prescribing practitioner, or such practitioner's authorized agent who is also a licensed health care professional, who is treating or has treated a specific patient, provided the information is obtained for purposes related to the treatment of the patient, including the monitoring of controlled substances obtained by the patient; (B) the prescribing practitioner with whom a patient has made contact for the purpose of seeking medical treatment, provided the request is accompanied by a written consent, signed by the prospective patient, for the release of controlled substance prescription information; or (C) the pharmacist who is dispensing controlled substances for a patient, provided the information is obtained for purposes related to the scope of the pharmacist's practice and management of the patient's drug therapy, including the monitoring of controlled substances obtained by the patient. The prescribing practitioner, such practitioner's authorized agent, or the pharmacist shall submit a written and signed request to the commissioner for controlled substance prescription information. Such prescribing practitioner or pharmacist shall not disclose any such request except as authorized pursuant to sections 20-570 to 20-630, inclusive, or sections 21a-240 to 21a-283, inclusive.
[(7)] (8) No person or employer shall prohibit, discourage or impede a prescribing practitioner or pharmacist from requesting controlled substance prescription information pursuant to this subsection.
[(8)] (9) Prior to prescribing greater than a seventy-two-hour supply of any controlled substance to any patient, the prescribing practitioner or such practitioner's authorized agent who is also a licensed health care professional shall review the patient's records in the electronic prescription drug monitoring program established pursuant to this subsection. Whenever a prescribing practitioner prescribes controlled substances for the continuous or prolonged treatment of any patient, such prescriber, or such prescriber's authorized agent who is also a licensed health care professional, shall review, not less than once every ninety days, the patient's records in such prescription drug monitoring program. If such electronic prescription drug monitoring program is not operational, such prescriber may prescribe greater than a seventy-two-hour supply of a controlled substance to a patient during the time of such program's inoperability, provided such prescriber or such authorized agent reviews the records of such patient in such program not more than twenty-four hours after regaining access to such program.
[(9)] (10) The commissioner shall adopt regulations, in accordance with chapter 54, concerning the reporting, evaluation, management and storage of electronic controlled substance prescription information.
[(10)] (11) The provisions of this section shall not apply to (A) samples of controlled substances dispensed by a physician to a patient, or (B) any controlled substances dispensed to hospital inpatients.
[(11)] (12) The provisions of this section shall not apply to any institutional pharmacy or pharmacist's drug room operated by a facility, licensed under section 19a-495 and regulations adopted pursuant to said section 19a-495, that dispenses or administers directly to a patient an opioid agonist for treatment of a substance use disorder.
Sec. 358. (NEW) (Effective July 1, 2015) (a) There is established within the Department of Mental Health and Addiction Services a grant program for the purposes of providing community-based behavioral health services, including (1) care coordination services, and (2) access to information on and referrals to, available health care and social service programs. Such services shall be provided by organizations that provide acute care and emergency behavioral health services. The Commissioner of Mental Health and Addiction Services shall establish eligibility criteria for grants under the program and an application process.
(b) Grants shall be issued under the program for the purposes of providing community-based behavioral health services, including (1) care coordination services, and (2) access to information on, and referrals to, available health care and social service programs.
Sec. 359. (Effective July 1, 2015) (a) The Commissioner of Mental Health and Addiction Services shall, in consultation with the Commissioners of Children and Families and Social Services and providers of behavioral health services, including, but not limited to, hospitals and advocacy agencies, study the current adequacy of psychiatric services. Such study shall include, but need not be limited to: (1) A determination of the number of short-term, intermediate and long-term psychiatric beds needed in each region of the state; (2) the average wait times for each type of psychiatric beds; (3) the impact of wait times on persons in need of inpatient psychiatric services, such persons' families and providers of such inpatient care; (4) identification of public and private funding sources to maintain the number of psychiatric beds needed in the state; (5) access to outpatient services including wait times for initial appointments; (6) available housing options; and (7) access to alternatives to hospitalization including, but not limited to, peer-operated respite programs.
(b) Not later than January 1, 2017, the Commissioner of Mental Health and Addiction Services shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, public health and human services concerning the results of the study described in subsection (a) of this section. Such report shall include, but need not be limited to, recommendations concerning: (1) Expansion of the utilization criteria to increase access to acute, inpatient psychiatric services throughout the state; (2) an increase in the number of long-term, inpatient hospitalization beds available for persons with recurring needs for inpatient behavioral health services; (3) funding to increase the number of psychiatric beds; (4) placement of additional psychiatric beds in health care facilities throughout the state; and (5) funding to increase alternatives to hospitalization, including, but not limited to, access to outpatient services, housing and peer-operated respite programs.
Sec. 360. Subdivision (12) of subsection (g) of section 17a-28 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(12) The Department of Developmental Services, to allow said department to determine eligibility, facilitate enrollment and plan for the provision of services to a child who is a client of said department and who is applying to enroll in or is enrolled in said department's [voluntary] behavioral services program. At the time that a parent or guardian completes an application for enrollment of a child in the Department of Developmental Services' [voluntary] behavioral services program, or at the time that said department updates a child's annual individualized plan of care, said department shall notify such parent or guardian that the Department of Children and Families may provide records to the Department of Developmental Services for the purposes specified in this subdivision without the consent of such parent or guardian;
Sec. 361. Subsection (i) of section 17b-261 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(i) Medical assistance shall be provided, in accordance with the provisions of subsection (e) of section 17a-6, to any child under the supervision of the Commissioner of Children and Families who is not receiving Medicaid benefits, has not yet qualified for Medicaid benefits or is otherwise ineligible for such benefits. Medical assistance shall also be provided to any child in the [voluntary] behavioral services program operated by the Department of Developmental Services who is not receiving Medicaid benefits, has not yet qualified for Medicaid benefits or is otherwise ineligible for benefits. To the extent practicable, the Commissioner of Children and Families and the Commissioner of Developmental Services shall apply for, or assist such child in qualifying for, the Medicaid program.
Sec. 362. (Effective from passage) (a) The Commissioner of Social Services and the Commissioner of Public Health shall study the effectiveness of providing community-based health care services in the state. Such study shall include, but not be limited to, a review of (1) the health care needs of persons who access the 9-1-1 system when the emergency department is not the most appropriate place for such persons to receive such services, (2) the feasibility of providing short-term follow-up home visits for persons who have recently been discharged from a hospital until such time as other health care providers are able to provide home visits or other follow-up health care services, (3) the need and feasibility of emergency medical services personnel to provide home visits to persons who are at a high risk of being frequent, repeat users of the emergency department to help such persons manage their chronic diseases and adhere to medication plans, (4) the need to provide ancillary primary care services for populations in areas where there is a high utilization of the 9-1-1 system for nonemergency situations, (5) the current best practices in mobile integrated health care, (6) the scope of practice for emergency medical services personnel, (7) practice guidelines for community-based health care services, and (8) Medicaid authority under which community-based health care services may be covered.
(b) Not later than February 1, 2016, the Commissioners of Social Services and Public Health shall submit a preliminary report, in accordance with the provisions of section 11-4a of the general statutes, on the study performed pursuant to subsection (a) of this section to the joint standing committees of the General Assembly having cognizance of matters relating to human services and public health.
(c) Not later than June 1, 2016, the Commissioners of Social Services and Public Health shall submit a final report, in accordance with the provisions of section 11-4a of the general statutes, on the results of the study performed pursuant to subsection (a) of this section to the joint standing committees of the General Assembly having cognizance of matters relating to human services and public health.
Sec. 363. (NEW) (Effective October 1, 2015) As used in this section, sections 364 to 367, inclusive, of this act and section 19a-14 of the general statutes, as amended by this act: (1) "Genetic counselor" means a person who has been licensed as a genetic counselor under the provisions of sections 365 and 366 of this act; and (2) "genetic counseling" means the provision of services to individuals, couples, families and organizations by an appropriately trained individual to address the physical and psychological issues associated with the occurrence or risk of occurrence of a genetic disorder, birth defect or genetically influenced condition or disease in an individual or a family.
Sec. 364. (NEW) (Effective October 1, 2015) (a) No person may practice genetic counseling unless licensed or permitted pursuant to section 365 or 366 of this act.
(b) No person may use the title "genetic counselor", "licensed genetic counselor", "gene counselor", "genetic consultant", "genetic associate", or the designation "LGC" or make use of any title, words, letters, abbreviations or insignia that may reasonably be confused with licensure as a genetic counselor unless such person is licensed pursuant to section 365 of this act or has been issued a temporary permit pursuant to section 366 of this act.
(c) The provisions of this section shall not apply to a person who (1) is licensed under chapter 370 of the general statutes, (2) is an advanced practice registered nurse licensed under chapter 378 of the general statutes, (3) is a nurse-midwife licensed under chapter 377 of the general statutes, (4) provides genetic counseling while acting within the scope of practice of the person's license and training, provided the person does not hold himself or herself out to the public as a genetic counselor, (5) is employed by the federal government to provide genetic counseling while in the discharge of the person's official duties, or (6) is a student enrolled in (A) a genetic counseling educational program, (B) a medical genetics educational program accredited by the American Board of Genetic Counseling, or any successor of said board, or the American Board of Medical Genetics and Genomics, or (C) a graduate nursing or medical education program in genetics, and genetic counseling is an integral part of the student's course of study and such student is performing such counseling under the direct supervision of a licensed genetic counselor or physician.
Sec. 365. (NEW) (Effective from passage) (a) On and after October 1, 2015, the Commissioner of Public Health shall grant a license as a genetic counselor to any applicant who, except as provided in subsections (b) and (c) of this section, furnishes evidence satisfactory to the commissioner that such applicant has earned a certification as a genetic counselor from the American Board of Genetic Counseling, or any successor of said board, or the American Board of Medical Genetics and Genomics. The commissioner shall develop and provide application forms. The application fee shall be three hundred fifteen dollars.
(b) An applicant for a license as a genetic counselor may, in lieu of the requirements set forth in subsection (a) of this section, submit evidence satisfactory to the commissioner of having, prior to October 1, 2015: (1) Acquired eight years of experience in the practice of genetic counseling; (2) earned, from an accredited institution of higher education, a master's or doctoral degree in genetics or a related field; and (3) attended a continuing education program approved by the National Society of Genetic Counselors within the five-year period prior to the date of application.
(c) An applicant for licensure by endorsement shall present evidence satisfactory to the commissioner that the applicant is licensed or certified as a genetic counselor, or as a person entitled to perform similar services under a different designation, in another state or jurisdiction that has requirements for practicing in such capacity that are substantially similar to, or higher than, those of this state and that there are no disciplinary actions or unresolved complaints pending in this state or any other state.
(d) Licenses issued under this section shall be renewed annually pursuant to section 19a-88 of the general statutes, as amended by this act. The fee for such renewal shall be one hundred ninety dollars. Each licensed genetic counselor applying for license renewal shall furnish evidence satisfactory to the commissioner of having current certification with the American Board of Genetic Counseling, or any successor of said board, or the American Board of Medical Genetics and Genomics and having obtained continuing education units for certification as required by said boards.
Sec. 366. (NEW) (Effective October 1, 2015) The Department of Public Health may issue a temporary permit to an applicant for licensure as a genetic counselor who holds a master's degree or higher in genetic counseling or a related field. Such temporary permit shall authorize the holder of the temporary permit to practice genetic counseling under the general supervision of a licensed genetic counselor or a licensed physician at all times during which the holder of the temporary permit performs genetic counseling. Such temporary permit shall be valid for a period not to exceed three hundred sixty-five calendar days after the date of attaining such master's degree or higher and shall not be renewable. No temporary permit shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint in this state or any other state. The commissioner may revoke a temporary permit for good cause, as determined by the commissioner. The fee for a temporary permit shall be fifty dollars.
Sec. 367. (NEW) (Effective October 1, 2015) The Commissioner of Public Health may take any disciplinary action set forth in section 19a-17 of the general statutes against a genetic counselor for any of the following reasons: (1) Failure to conform to the accepted standards of the profession; (2) conviction of a felony; (3) fraud or deceit in obtaining or seeking reinstatement of a license to practice genetic counseling; (4) fraud or deceit in the practice of genetic counseling; (5) negligent, incompetent or wrongful conduct in professional activities; (6) physical, mental or emotional illness or disorder resulting in an inability to conform to the accepted standards of the profession; (7) alcohol or substance abuse; or (8) wilful falsification of entries in any hospital, patient or other record pertaining to genetic counseling. The commissioner may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17 of the general statutes. The commissioner shall give notice and an opportunity to be heard on any contemplated action under section 19a-17 of the general statutes.
Sec. 368. (NEW) (Effective October 1, 2015) The Commissioner of Public Health may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of sections 363 to 367, inclusive, of this act.
Sec. 369. Subsection (c) of section 19a-14 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(c) No board shall exist for the following professions that are licensed or otherwise regulated by the Department of Public Health:
(1) Speech and language pathologist and audiologist;
(2) Hearing instrument specialist;
(3) Nursing home administrator;
(4) Sanitarian;
(5) Subsurface sewage system installer or cleaner;
(6) Marital and family therapist;
(7) Nurse-midwife;
(8) Licensed clinical social worker;
(9) Respiratory care practitioner;
(10) Asbestos contractor and asbestos consultant;
(11) Massage therapist;
(12) Registered nurse's aide;
(13) Radiographer;
(14) Dental hygienist;
(15) Dietitian-Nutritionist;
(16) Asbestos abatement worker;
(17) Asbestos abatement site supervisor;
(18) Licensed or certified alcohol and drug counselor;
(19) Professional counselor;
(20) Acupuncturist;
(21) Occupational therapist and occupational therapist assistant;
(22) Lead abatement contractor, lead consultant contractor, lead consultant, lead abatement supervisor, lead abatement worker, inspector and planner-project designer;
(23) Emergency medical technician, advanced emergency medical technician, emergency medical responder and emergency medical services instructor;
(24) Paramedic;
(25) Athletic trainer;
(26) Perfusionist;
(27) Master social worker subject to the provisions of section 20-195v;
(28) Radiologist assistant, subject to the provisions of section 20-74tt;
(29) Homeopathic physician;
(30) Certified water treatment plant operator, certified distribution system operator, certified small water system operator, certified backflow prevention device tester and certified cross connection survey inspector, including certified limited operators, certified conditional operators and certified operators in training; [and]
(31) Tattoo technician; and
(32) Genetic counselor.
The department shall assume all powers and duties normally vested with a board in administering regulatory jurisdiction over such professions. The uniform provisions of this chapter and chapters 368v, 369 to 381a, inclusive, 383 to 388, inclusive, 393a, 395, 398, 399, 400a and 400c, including, but not limited to, standards for entry and renewal; grounds for professional discipline; receiving and processing complaints; and disciplinary sanctions, shall apply, except as otherwise provided by law, to the professions listed in this subsection.
Sec. 370. (Effective from passage) The Commissioner of Public Health may implement, effective on or before July 15, 2015, an increase in the maximum allowable rates set by the commissioner for each licensed and certified ambulance service. Nothing in this section shall otherwise amend or abridge the commissioner's rate-setting authority for emergency medical services under section 19a-177 of the general statutes.
Sec. 371. Subdivision (14) of subsection (b) of section 17a-408 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(14) Implement and administer, [on and after July 1, 2014] within available appropriations, a pilot program that serves home and community-based care recipients in Hartford County; and
Sec. 372. Subdivision (3) of subsection (b) of section 10-295 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(3) The Commissioner of Rehabilitation Services may, within available appropriations, employ certified teachers of the visually impaired in sufficient numbers to meet the requests for services received from school districts. In responding to such requests, the commissioner shall utilize a formula for determining the number of teachers needed to serve the school districts, crediting six points for each Braille-learning child and one point for each other child, with one full-time certified teacher of the visually impaired assigned for every twenty-five points credited. The commissioner shall exercise due diligence to employ the needed number of certified teachers of the visually impaired, but shall not be liable for lack of resources. Funds appropriated to said account may also be utilized to employ [rehabilitation teachers, rehabilitation technologists and orientation and mobility teachers] additional staff in numbers sufficient to provide compensatory skills evaluations and training to blind and visually impaired children [. In addition, up to five per cent of such appropriation may also be utilized to employ] and special assistants to the blind and other support staff necessary to ensure the efficient operation of service delivery. Not later than October first of each year, the Commissioner of Rehabilitation Services shall determine the number of teachers needed based on the formula provided in this subdivision. Based on such determination, the Commissioner of Rehabilitation Services shall estimate the funding needed to pay such teachers' salaries [, benefits] and related expenses.
Sec. 373. Subsection (a) of section 17b-261 of the general statutes, as amended by section 17 of public act 15-69, is repealed and the following is substituted in lieu thereof (Effective August 1, 2015):
(a) Medical assistance shall be provided for any otherwise eligible person whose income, including any available support from legally liable relatives and the income of the person's spouse or dependent child, is not more than one hundred forty-three per cent, pending approval of a federal waiver applied for pursuant to subsection (e) of this section, of the benefit amount paid to a person with no income under the temporary family assistance program in the appropriate region of residence and if such person is an institutionalized individual as defined in Section 1917 of the Social Security Act, 42 USC 1396p(h)(3), and has not made an assignment or transfer or other disposition of property for less than fair market value for the purpose of establishing eligibility for benefits or assistance under this section. Any such disposition shall be treated in accordance with Section 1917(c) of the Social Security Act, 42 USC 1396p(c). Any disposition of property made on behalf of an applicant or recipient or the spouse of an applicant or recipient by a guardian, conservator, person authorized to make such disposition pursuant to a power of attorney or other person so authorized by law shall be attributed to such applicant, recipient or spouse. A disposition of property ordered by a court shall be evaluated in accordance with the standards applied to any other such disposition for the purpose of determining eligibility. The commissioner shall establish the standards for eligibility for medical assistance at one hundred forty-three per cent of the benefit amount paid to a household of equal size with no income under the temporary family assistance program in the appropriate region of residence. In determining eligibility, the commissioner shall not consider as income Aid and Attendance pension benefits granted to a veteran, as defined in section 27-103, or the surviving spouse of such veteran. Except as provided in [sections] section 17b-277, as amended by this act, and section 17b-292, as amended by [this act] public act 15-69 and this act, the medical assistance program shall provide coverage to persons under the age of nineteen with household income up to one hundred ninety-six per cent of the federal poverty level without an asset limit and to persons under the age of nineteen, who qualify for coverage under Section 1931 of the Social Security Act, with household income not exceeding one hundred ninety-six per cent of the federal poverty level without an asset limit, and their parents and needy caretaker relatives, who qualify for coverage under Section 1931 of the Social Security Act, with household income [up to] not exceeding one hundred [ninety-six] fifty per cent of the federal poverty level without an asset limit. Such levels shall be based on the regional differences in such benefit amount, if applicable, unless such levels based on regional differences are not in conformance with federal law. Any income in excess of the applicable amounts shall be applied as may be required by said federal law, and assistance shall be granted for the balance of the cost of authorized medical assistance. The Commissioner of Social Services shall provide applicants for assistance under this section, at the time of application, with a written statement advising them of (1) the effect of an assignment or transfer or other disposition of property on eligibility for benefits or assistance, (2) the effect that having income that exceeds the limits prescribed in this subsection will have with respect to program eligibility, and (3) the availability of, and eligibility for, services provided by the Nurturing Families Network established pursuant to section 17b-751b. For coverage dates on or after January 1, 2014, the department shall use the modified adjusted gross income financial eligibility rules set forth in Section 1902(e)(14) of the Social Security Act and the implementing regulations to determine eligibility for HUSKY A, HUSKY B and HUSKY D applicants, as defined in section 17b-290, as amended by [this act] public act 15-69 and this act. Persons who are determined ineligible for assistance pursuant to this section shall be provided a written statement notifying such persons of their ineligibility and advising such persons of their potential eligibility for one of the other insurance affordability programs as defined in 42 CFR 435.4.
Sec. 374. (NEW) (Effective from passage) (a) The Commissioner of Social Services shall review whether a parent or needy caretaker relative, who qualifies for Medicaid coverage under Section 1931 of the Social Security Act and is no longer eligible on and after August 1, 2015, pursuant to section 17b-261 of the general statutes, as amended by this act, remains eligible for Medicaid under the same or a different category of coverage before terminating coverage.
(b) The commissioner and the Connecticut Health Insurance Exchange, established pursuant to section 38a-1081 of the general statutes, shall ensure that such parent or needy caretaker relative is given an opportunity to enroll in a qualified health plan without a gap in coverage. The Connecticut Health Insurance Exchange shall enlist the assistance of health and social services community-based organizations to contact and advise such parent or needy caretaker relative of options for health insurance coverage.
(c) Not later than November 1, 2015, and quarterly thereafter until December 1, 2017, the commissioner and the Connecticut Health Insurance Exchange shall report to the Council on Medical Assistance Program Oversight on the number of such parents and caretaker relatives who, due to changes in income eligibility effective August 1, 2015, (1) were no longer eligible for Medicaid, (2) remained eligible after the commissioner's review pursuant to this section, (3) lost Medicaid coverage and enrolled in a qualified health plan without a gap in coverage, (4) lost Medicaid coverage and did not enroll in a qualified health plan immediately after such coverage loss, and (5) enrolled in a qualified health plan but were disenrolled for failure to pay premiums.
Sec. 375. Section 17b-277 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) The Commissioner of Social Services shall provide, in accordance with federal law and regulations, medical assistance under the Medicaid program to needy pregnant women whose families have an income not exceeding two hundred [fifty] fifty-eight per cent of the federal poverty level.
(b) The commissioner shall implement presumptive eligibility for appropriate pregnant women applicants for the Medicaid program in accordance with Section 1920 of the Social Security Act. The commissioner shall designate qualified entities to receive and determine presumptive eligibility under this section consistent with the provisions of federal law and regulations.
[(c) On or before September 30, 2007, the Commissioner of Social Services shall submit a state plan amendment or, if required by the federal government, seek a waiver under federal law to provide health insurance coverage to pregnant women, who do not otherwise have creditable coverage, as defined in 42 USC 300gg(c), and who have income above one hundred eighty-five per cent of the federal poverty level but not in excess of two hundred fifty per cent of the federal poverty level. Following approval of such state plan amendment or approval of such waiver application, the commissioner, on or before January 1, 2008, shall implement the provisions of subsections (a) and (b) of this section.]
[(d)] (c) Presumptive eligibility for medical assistance shall be implemented for any uninsured newborn child born in a hospital in this state or a border state hospital, provided (1) the parent or caretaker relative of such child resides in this state, and (2) the parent or caretaker relative of such child authorizes enrollment in the program.
Sec. 376. Section 17b-290 of the general statutes, as amended by section 20 of public act 15-69, is repealed and the following is substituted in lieu thereof (Effective August 1, 2015):
As used in this section and sections 17b-292, as amended by [this act] public act 15-69 and this act, 17b-294a, as amended by [this act] public act 15-69, 17b-295, as amended by [this act] public act 15-69, 17b-297a, as amended by [this act] public act 15-69, 17b-297b, as amended by [this act] public act 15-69, and 17b-300, as amended by [this act] public act 15-69:
(1) "Applicant" means an individual over the age of eighteen years who is a natural or adoptive parent, [or] a legal guardian, [;] a caretaker relative, foster parent or stepparent with whom the child resides and shall include a child who is eighteen years of age or emancipated in accordance with the provisions of sections 46b-150 to 46b-150e, inclusive, and who is applying on his own behalf or on behalf of a minor dependent for coverage under such plan;
(2) "Child" means an individual under nineteen years of age;
(3) "Coinsurance" means the sharing of health care expenses by the insured and an insurer in a specified ratio;
(4) "Commissioner" means the Commissioner of Social Services;
(5) "Copayment" means a payment made on behalf of a member for a specified service under HUSKY B;
(6) "Cost sharing" means arrangements made on behalf of a member whereby an applicant pays a portion of the cost of health services, sharing costs with the state and includes copayments, premiums, deductibles and coinsurance;
(7) "Deductible" means the amount of out-of-pocket expenses that would be paid for health services on behalf of a member before becoming payable by the insurer;
(8) "Department" means the Department of Social Services;
(9) "Durable medical equipment" means equipment that meets all of the following requirements:
(A) Can withstand repeated use;
(B) Is primarily and customarily used to serve a medical purpose;
(C) Generally is not useful to a person in the absence of an illness or injury; and
(D) Is nondisposable;
(10) "Eligible beneficiary" means a child who meets the requirements in section 17b-292, as amended by [this act] public act 15-69 and this act, and the requirements specified in Section 2110(b)(2)(B) of the Social Security Act as amended by Section 10203(b)(2)(D) of the Affordable Care Act;
(11) "Household" has the same meaning as provided in 42 CFR 435.603;
(12) "Household income" has the same meaning as provided in 42 CFR 435.603;
(13) "HUSKY A" means Medicaid provided to children, caretaker relatives and pregnant and postpartum women pursuant to section 17b-261, as amended by [this act] public act 15-69 and this act, or 17b-277, as amended by this act;
(14) "HUSKY B" means the health coverage for children established pursuant to the provisions of sections 17b-290, as amended by [this act] public act 15-69 and this act, 17b-292, as amended by [this act] public act 15-69 and this act, 17b-294a, as amended by [this act] public act 15-69, 17b-295, as amended by [this act] public act 15-69, 17b-297a, as amended by [this act] public act 15-69, 17b-297b as amended by [this act] public act 15-69, and 17b-300, as amended by [this act] public act 15-69;
(15) "HUSKY C" means Medicaid provided to individuals who are sixty-five years of age or older or who are blind or have a disability;
(16) "HUSKY D" or "Medicaid Coverage for the Lowest Income Populations program" means Medicaid provided to nonpregnant low-income adults who are age eighteen to sixty-four, as authorized pursuant to section 17b-8a;
(17) "HUSKY Health" means the combined HUSKY A, HUSKY B, HUSKY C and HUSKY D programs, that provide medical coverage to eligible children, parents, relative caregivers, persons age sixty-five or older, individuals with disabilities, low-income adults, and pregnant women;
(18) "HUSKY Plus" means the supplemental health program established pursuant to section 17b-294a, as amended by [this act] public act 15-69, for medically eligible members of HUSKY B whose medical needs cannot be accommodated within the basic benefit package offered to members. HUSKY Plus shall supplement coverage for those medically eligible members with intensive physical health needs;
(19) "Member" means an eligible beneficiary who receives services under HUSKY A, B, C or D;
(20) "Parent" means a natural parent, stepparent, adoptive parent, guardian or custodian of a child;
(21) "Premium" means any required payment made by an individual to offset [or pay in full] the cost under HUSKY B;
(22) "Qualified entity" means any entity: (A) Eligible for payments under a state plan approved under Medicaid and which provides medical services under HUSKY A, or (B) that is a qualified entity, as defined in 42 USC 1396r-1a, as amended by Section 708 of Public Law 106-554, and that is determined by the commissioner to be capable of making the determination of eligibility. The commissioner shall provide qualified entities with such forms or information on filing an application electronically as is necessary for an application to be made on behalf of a child under HUSKY A and information on how to assist parents, guardians and other persons in completing and filing such forms or electronic application;
(23) "WIC" means the federal Special Supplemental Food Program for Women, Infants and Children administered by the Department of Public Health pursuant to section 19a-59c.
Sec. 377. Section 17b-292 of the general statutes, as amended by section 25 of public act 15-69, is repealed and the following is substituted in lieu thereof (Effective August 1, 2015):
(a) A child who resides in a household with household income which exceeds one hundred ninety-six per cent of the federal poverty level and does not exceed three hundred eighteen per cent of the federal poverty level may be eligible for [subsidized] benefits under HUSKY B.
[(b) A child who resides in a household with household income over three hundred eighteen per cent of the federal poverty level may be eligible for unsubsidized benefits under HUSKY B.]
[(c)] (b) Whenever a court or family support magistrate orders a noncustodial parent to provide health insurance for a child, such parent may provide for coverage under HUSKY B.
[(d)] (c) To the extent allowed under federal law, the commissioner shall not pay for services or durable medical equipment under HUSKY B if the member has other insurance coverage for such services or equipment. If a HUSKY B member has limited benefit insurance coverage for services that are also covered under HUSKY B, the commissioner shall require such other coverage to pay for the goods or services prior to any payment under HUSKY B.
[(e)] (d) A newborn child who otherwise meets the eligibility criteria for HUSKY B shall be eligible for benefits retroactive to his or her date of birth, provided an application is filed on behalf of the child not later than thirty days after such date. Any uninsured child born in a hospital in this state or in a border state hospital shall be enrolled on an expedited basis in HUSKY B, provided (1) the parent or caretaker relative of such child resides in this state, and (2) the parent or caretaker relative of such child authorizes enrollment in the program. The commissioner shall pay any premium cost such household would otherwise incur for the first four months of coverage.
[(f)] (e) The commissioner shall implement presumptive eligibility for children applying for Medicaid and may, if cost effective, implement presumptive eligibility for children in households with income [under] not exceeding three hundred eighteen per cent of the federal poverty level applying for HUSKY B. Such presumptive eligibility determinations shall be in accordance with applicable federal law and regulations. The commissioner shall adopt regulations, in accordance with chapter 54, to establish standards and procedures for the designation of an organization as a qualified entity to grant presumptive eligibility. A qualified entity shall, at the time a presumptive eligibility determination is made, provide assistance to applicants with the completion and submission of an application for a full eligibility determination. In establishing such standards and procedures, the commissioner shall ensure the representation of state-wide and local organizations that provide services to children of all ages in each region of the state.
[(g)] (f) In accordance with 42 CFR 435.1110, the commissioner shall provide Medicaid during a presumptive eligibility period to individuals who are determined presumptively eligible by a qualified hospital. A hospital making such a presumptive eligibility determination shall provide assistance to individuals in completing and submitting an application for full Medicaid benefits.
[(h)] (g) The commissioner shall implement HUSKY B while in the process of adopting necessary policies and procedures in regulation form in accordance with the provisions of section 17b-10.
Sec. 378. Subsection (b) of section 17b-104 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(b) On July 1, 2007, and annually thereafter, the commissioner shall increase the payment standards over those of the previous fiscal year under the temporary family assistance program and the state-administered general assistance program by the percentage increase, if any, in the most recent calendar year average in the consumer price index for urban consumers over the average for the previous calendar year, provided the annual increase, if any, shall not exceed five per cent, except that the payment standards for the fiscal years ending June 30, 2010, June 30, 2011, June 30, 2012, [and] June 30, 2013, June 30, 2016, and June 30, 2017, shall not be increased.
Sec. 379. Subsection (a) of section 17b-106 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) On January 1, 2006, and on each January first thereafter, the Commissioner of Social Services shall increase the unearned income disregard for recipients of the state supplement to the federal Supplemental Security Income Program by an amount equal to the federal cost-of-living adjustment, if any, provided to recipients of federal Supplemental Security Income Program benefits for the corresponding calendar year. On July 1, 1989, and annually thereafter, the commissioner shall increase the adult payment standards over those of the previous fiscal year for the state supplement to the federal Supplemental Security Income Program by the percentage increase, if any, in the most recent calendar year average in the consumer price index for urban consumers over the average for the previous calendar year, provided the annual increase, if any, shall not exceed five per cent, except that the adult payment standards for the fiscal years ending June 30, 1993, June 30, 1994, June 30, 1995, June 30, 1996, June 30, 1997, June 30, 1998, June 30, 1999, June 30, 2000, June 30, 2001, June 30, 2002, June 30, 2003, June 30, 2004, June 30, 2005, June 30, 2006, June 30, 2007, June 30, 2008, June 30, 2009, June 30, 2010, June 30, 2011, June 30, 2012, [and] June 30, 2013, June 30, 2016, and June 30, 2017, shall not be increased. Effective October 1, 1991, the coverage of excess utility costs for recipients of the state supplement to the federal Supplemental Security Income Program is eliminated. Notwithstanding the provisions of this section, the commissioner may increase the personal needs allowance component of the adult payment standard as necessary to meet federal maintenance of effort requirements.
Sec. 380. Subdivision (4) of subsection (f) of section 17b-340 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(4) For the fiscal year ending June 30, 1992, (A) no facility shall receive a rate that is less than the rate it received for the rate year ending June 30, 1991; (B) no facility whose rate, if determined pursuant to this subsection, would exceed one hundred twenty per cent of the state-wide median rate, as determined pursuant to this subsection, shall receive a rate which is five and one-half per cent more than the rate it received for the rate year ending June 30, 1991; and (C) no facility whose rate, if determined pursuant to this subsection, would be less than one hundred twenty per cent of the state-wide median rate, as determined pursuant to this subsection, shall receive a rate which is six and one-half per cent more than the rate it received for the rate year ending June 30, 1991. For the fiscal year ending June 30, 1993, no facility shall receive a rate that is less than the rate it received for the rate year ending June 30, 1992, or six per cent more than the rate it received for the rate year ending June 30, 1992. For the fiscal year ending June 30, 1994, no facility shall receive a rate that is less than the rate it received for the rate year ending June 30, 1993, or six per cent more than the rate it received for the rate year ending June 30, 1993. For the fiscal year ending June 30, 1995, no facility shall receive a rate that is more than five per cent less than the rate it received for the rate year ending June 30, 1994, or six per cent more than the rate it received for the rate year ending June 30, 1994. For the fiscal years ending June 30, 1996, and June 30, 1997, no facility shall receive a rate that is more than three per cent more than the rate it received for the prior rate year. For the fiscal year ending June 30, 1998, a facility shall receive a rate increase that is not more than two per cent more than the rate that the facility received in the prior year. For the fiscal year ending June 30, 1999, a facility shall receive a rate increase that is not more than three per cent more than the rate that the facility received in the prior year and that is not less than one per cent more than the rate that the facility received in the prior year, exclusive of rate increases associated with a wage, benefit and staffing enhancement rate adjustment added for the period from April 1, 1999, to June 30, 1999, inclusive. For the fiscal year ending June 30, 2000, each facility, except a facility with an interim rate or replaced interim rate for the fiscal year ending June 30, 1999, and a facility having a certificate of need or other agreement specifying rate adjustments for the fiscal year ending June 30, 2000, shall receive a rate increase equal to one per cent applied to the rate the facility received for the fiscal year ending June 30, 1999, exclusive of the facility's wage, benefit and staffing enhancement rate adjustment. For the fiscal year ending June 30, 2000, no facility with an interim rate, replaced interim rate or scheduled rate adjustment specified in a certificate of need or other agreement for the fiscal year ending June 30, 2000, shall receive a rate increase that is more than one per cent more than the rate the facility received in the fiscal year ending June 30, 1999. For the fiscal year ending June 30, 2001, each facility, except a facility with an interim rate or replaced interim rate for the fiscal year ending June 30, 2000, and a facility having a certificate of need or other agreement specifying rate adjustments for the fiscal year ending June 30, 2001, shall receive a rate increase equal to two per cent applied to the rate the facility received for the fiscal year ending June 30, 2000, subject to verification of wage enhancement adjustments pursuant to subdivision (14) of this subsection. For the fiscal year ending June 30, 2001, no facility with an interim rate, replaced interim rate or scheduled rate adjustment specified in a certificate of need or other agreement for the fiscal year ending June 30, 2001, shall receive a rate increase that is more than two per cent more than the rate the facility received for the fiscal year ending June 30, 2000. For the fiscal year ending June 30, 2002, each facility shall receive a rate that is two and one-half per cent more than the rate the facility received in the prior fiscal year. For the fiscal year ending June 30, 2003, each facility shall receive a rate that is two per cent more than the rate the facility received in the prior fiscal year, except that such increase shall be effective January 1, 2003, and such facility rate in effect for the fiscal year ending June 30, 2002, shall be paid for services provided until December 31, 2002, except any facility that would have been issued a lower rate effective July 1, 2002, than for the fiscal year ending June 30, 2002, due to interim rate status or agreement with the department shall be issued such lower rate effective July 1, 2002, and have such rate increased two per cent effective June 1, 2003. For the fiscal year ending June 30, 2004, rates in effect for the period ending June 30, 2003, shall remain in effect, except any facility that would have been issued a lower rate effective July 1, 2003, than for the fiscal year ending June 30, 2003, due to interim rate status or agreement with the department shall be issued such lower rate effective July 1, 2003. For the fiscal year ending June 30, 2005, rates in effect for the period ending June 30, 2004, shall remain in effect until December 31, 2004, except any facility that would have been issued a lower rate effective July 1, 2004, than for the fiscal year ending June 30, 2004, due to interim rate status or agreement with the department shall be issued such lower rate effective July 1, 2004. Effective January 1, 2005, each facility shall receive a rate that is one per cent greater than the rate in effect December 31, 2004. Effective upon receipt of all the necessary federal approvals to secure federal financial participation matching funds associated with the rate increase provided in this subdivision, but in no event earlier than July 1, 2005, and provided the user fee imposed under section 17b-320 is required to be collected, for the fiscal year ending June 30, 2006, the department shall compute the rate for each facility based upon its 2003 cost report filing or a subsequent cost year filing for facilities having an interim rate for the period ending June 30, 2005, as provided under section 17-311-55 of the regulations of Connecticut state agencies. For each facility not having an interim rate for the period ending June 30, 2005, the rate for the period ending June 30, 2006, shall be determined beginning with the higher of the computed rate based upon its 2003 cost report filing or the rate in effect for the period ending June 30, 2005. Such rate shall then be increased by eleven dollars and eighty cents per day except that in no event shall the rate for the period ending June 30, 2006, be thirty-two dollars more than the rate in effect for the period ending June 30, 2005, and for any facility with a rate below one hundred ninety-five dollars per day for the period ending June 30, 2005, such rate for the period ending June 30, 2006, shall not be greater than two hundred seventeen dollars and forty-three cents per day and for any facility with a rate equal to or greater than one hundred ninety-five dollars per day for the period ending June 30, 2005, such rate for the period ending June 30, 2006, shall not exceed the rate in effect for the period ending June 30, 2005, increased by eleven and one-half per cent. For each facility with an interim rate for the period ending June 30, 2005, the interim replacement rate for the period ending June 30, 2006, shall not exceed the rate in effect for the period ending June 30, 2005, increased by eleven dollars and eighty cents per day plus the per day cost of the user fee payments made pursuant to section 17b-320 divided by annual resident service days, except for any facility with an interim rate below one hundred ninety-five dollars per day for the period ending June 30, 2005, the interim replacement rate for the period ending June 30, 2006, shall not be greater than two hundred seventeen dollars and forty-three cents per day and for any facility with an interim rate equal to or greater than one hundred ninety-five dollars per day for the period ending June 30, 2005, the interim replacement rate for the period ending June 30, 2006, shall not exceed the rate in effect for the period ending June 30, 2005, increased by eleven and one-half per cent. Such July 1, 2005, rate adjustments shall remain in effect unless (i) the federal financial participation matching funds associated with the rate increase are no longer available; or (ii) the user fee created pursuant to section 17b-320 is not in effect. For the fiscal year ending June 30, 2007, each facility shall receive a rate that is three per cent greater than the rate in effect for the period ending June 30, 2006, except any facility that would have been issued a lower rate effective July 1, 2006, than for the rate period ending June 30, 2006, due to interim rate status or agreement with the department, shall be issued such lower rate effective July 1, 2006. For the fiscal year ending June 30, 2008, each facility shall receive a rate that is two and nine-tenths per cent greater than the rate in effect for the period ending June 30, 2007, except any facility that would have been issued a lower rate effective July 1, 2007, than for the rate period ending June 30, 2007, due to interim rate status or agreement with the department, shall be issued such lower rate effective July 1, 2007. For the fiscal year ending June 30, 2009, rates in effect for the period ending June 30, 2008, shall remain in effect until June 30, 2009, except any facility that would have been issued a lower rate for the fiscal year ending June 30, 2009, due to interim rate status or agreement with the department shall be issued such lower rate. For the fiscal years ending June 30, 2010, and June 30, 2011, rates in effect for the period ending June 30, 2009, shall remain in effect until June 30, 2011, except any facility that would have been issued a lower rate for the fiscal year ending June 30, 2010, or the fiscal year ending June 30, 2011, due to interim rate status or agreement with the department, shall be issued such lower rate. For the fiscal years ending June 30, 2012, and June 30, 2013, rates in effect for the period ending June 30, 2011, shall remain in effect until June 30, 2013, except any facility that would have been issued a lower rate for the fiscal year ending June 30, 2012, or the fiscal year ending June 30, 2013, due to interim rate status or agreement with the department, shall be issued such lower rate. For the fiscal year ending June 30, 2014, the department shall determine facility rates based upon 2011 cost report filings subject to the provisions of this section and applicable regulations except: (I) A ninety per cent minimum occupancy standard shall be applied; (II) no facility shall receive a rate that is higher than the rate in effect on June 30, 2013; and (III) no facility shall receive a rate that is more than four per cent lower than the rate in effect on June 30, 2013, except that any facility that would have been issued a lower rate effective July 1, 2013, than for the rate period ending June 30, 2013, due to interim rate status or agreement with the department, shall be issued such lower rate effective July 1, 2013. For the fiscal year ending June 30, 2015, rates in effect for the period ending June 30, 2014, shall remain in effect until June 30, 2015, except any facility that would have been issued a lower rate effective July 1, 2014, than for the rate period ending June 30, 2014, due to interim rate status or agreement with the department, shall be issued such lower rate effective July 1, 2014. For the fiscal years ending June 30, 2016, and June 30, 2017, rates shall not exceed those in effect for the period ending June 30, 2015, except the rate paid to a facility may be higher than the rate paid to the facility for the period ending June 30, 2015, if the commissioner provides, within available appropriations, pro rata fair rent increases, which may, at the discretion of the commissioner, include increases for facilities which have undergone a material change in circumstances related to fair rent additions or moveable equipment placed in service in cost report years ending September 30, 2014, and September 30, 2015, and not otherwise included in rates issued. For the fiscal years ending June 30, 2016, and June 30, 2017, and each succeeding fiscal year, any facility that would have been issued a lower rate, due to interim rate status, a change in allowable fair rent or agreement with the department, shall be issued such lower rate. The Commissioner of Social Services shall add fair rent increases to any other rate increases established pursuant to this subdivision for a facility which has undergone a material change in circumstances related to fair rent, except for the fiscal years ending June 30, 2010, June 30, 2011, and June 30, 2012, such fair rent increases shall only be provided to facilities with an approved certificate of need pursuant to section 17b-352, 17b-353, 17b-354, as amended by this act, or 17b-355. For the fiscal year ending June 30, 2013, the commissioner may, within available appropriations, provide pro rata fair rent increases for facilities which have undergone a material change in circumstances related to fair rent additions placed in service in cost report years ending September 30, 2008, to September 30, 2011, inclusive, and not otherwise included in rates issued. For the fiscal years ending June 30, 2014, and June 30, 2015, the commissioner may, within available appropriations, provide pro rata fair rent increases, which may include moveable equipment at the discretion of the commissioner, for facilities which have undergone a material change in circumstances related to fair rent additions or moveable equipment placed in service in cost report years ending September 30, 2012, and September 30, 2013, and not otherwise included in rates issued. The commissioner shall add fair rent increases associated with an approved certificate of need pursuant to section 17b-352, 17b-353, 17b-354, as amended by this act, or 17b-355. Interim rates may take into account reasonable costs incurred by a facility, including wages and benefits. Notwithstanding the provisions of this section, the Commissioner of Social Services may, subject to available appropriations, increase or decrease rates issued to licensed chronic and convalescent nursing homes and licensed rest homes with nursing supervision. Notwithstanding any provision of this section, the Commissioner of Social Services shall, effective July 1, 2015, within available appropriations, adjust facility rates in accordance with the application of standard accounting principles as prescribed by the commissioner, for each facility subject to subsection (a) of this section. Such adjustment shall provide a pro-rata increase based on direct and indirect care employee salaries reported in the 2014 annual cost report, and adjusted to reflect subsequent salary increases, to reflect reasonable costs mandated by collective bargaining agreements with certified collective bargaining agents, or otherwise provided by a facility to its employees. For purposes of this subsection, "employee" shall not include a person employed as a facility's manager, chief administrator, a person required to be licensed as a nursing home administrator or any individual who receives compensation for services pursuant to a contractual arrangement and who is not directly employed by the facility. The commissioner may establish an upper limit for reasonable costs associated with salary adjustments beyond which the adjustment shall not apply. Nothing in this section shall require the commissioner to distribute such adjustments in a way that jeopardizes anticipated federal reimbursement. Facilities that receive such adjustment but do not provide increases in employee salaries as described in this subsection on or before July 31, 2015, may be subject to a rate decrease in the same amount as the adjustment by the commissioner. Of the amount appropriated for this purpose, no more than nine million dollars shall go to increases based on reasonable costs mandated by collective bargaining agreements.
Sec. 381. Subsection (g) of section 17b-340 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(g) For the fiscal year ending June 30, 1993, any intermediate care facility for individuals with intellectual disabilities with an operating cost component of its rate in excess of one hundred forty per cent of the median of operating cost components of rates in effect January 1, 1992, shall not receive an operating cost component increase. For the fiscal year ending June 30, 1993, any intermediate care facility for individuals with intellectual disabilities with an operating cost component of its rate that is less than one hundred forty per cent of the median of operating cost components of rates in effect January 1, 1992, shall have an allowance for real wage growth equal to thirty per cent of the increase determined in accordance with subsection (q) of section 17-311-52 of the regulations of Connecticut state agencies, provided such operating cost component shall not exceed one hundred forty per cent of the median of operating cost components in effect January 1, 1992. Any facility with real property other than land placed in service prior to October 1, 1991, shall, for the fiscal year ending June 30, 1995, receive a rate of return on real property equal to the average of the rates of return applied to real property other than land placed in service for the five years preceding October 1, 1993. For the fiscal year ending June 30, 1996, and any succeeding fiscal year, the rate of return on real property for property items shall be revised every five years. The commissioner shall, upon submission of a request, allow actual debt service, comprised of principal and interest, in excess of property costs allowed pursuant to section 17-311-52 of the regulations of Connecticut state agencies, provided such debt service terms and amounts are reasonable in relation to the useful life and the base value of the property. For the fiscal year ending June 30, 1995, and any succeeding fiscal year, the inflation adjustment made in accordance with subsection (p) of section 17-311-52 of the regulations of Connecticut state agencies shall not be applied to real property costs. For the fiscal year ending June 30, 1996, and any succeeding fiscal year, the allowance for real wage growth, as determined in accordance with subsection (q) of section 17-311-52 of the regulations of Connecticut state agencies, shall not be applied. For the fiscal year ending June 30, 1996, and any succeeding fiscal year, no rate shall exceed three hundred seventy-five dollars per day unless the commissioner, in consultation with the Commissioner of Developmental Services, determines after a review of program and management costs, that a rate in excess of this amount is necessary for care and treatment of facility residents. For the fiscal year ending June 30, 2002, rate period, the Commissioner of Social Services shall increase the inflation adjustment for rates made in accordance with subsection (p) of section 17-311-52 of the regulations of Connecticut state agencies to update allowable fiscal year 2000 costs to include a three and one-half per cent inflation factor. For the fiscal year ending June 30, 2003, rate period, the commissioner shall increase the inflation adjustment for rates made in accordance with subsection (p) of section 17-311-52 of the regulations of Connecticut state agencies to update allowable fiscal year 2001 costs to include a one and one-half per cent inflation factor, except that such increase shall be effective November 1, 2002, and such facility rate in effect for the fiscal year ending June 30, 2002, shall be paid for services provided until October 31, 2002, except any facility that would have been issued a lower rate effective July 1, 2002, than for the fiscal year ending June 30, 2002, due to interim rate status or agreement with the department shall be issued such lower rate effective July 1, 2002, and have such rate updated effective November 1, 2002, in accordance with applicable statutes and regulations. For the fiscal year ending June 30, 2004, rates in effect for the period ending June 30, 2003, shall remain in effect, except any facility that would have been issued a lower rate effective July 1, 2003, than for the fiscal year ending June 30, 2003, due to interim rate status or agreement with the department shall be issued such lower rate effective July 1, 2003. For the fiscal year ending June 30, 2005, rates in effect for the period ending June 30, 2004, shall remain in effect until September 30, 2004. Effective October 1, 2004, each facility shall receive a rate that is five per cent greater than the rate in effect September 30, 2004. Effective upon receipt of all the necessary federal approvals to secure federal financial participation matching funds associated with the rate increase provided in subdivision (4) of subsection (f) of this section, but in no event earlier than October 1, 2005, and provided the user fee imposed under section 17b-320 is required to be collected, each facility shall receive a rate that is four per cent more than the rate the facility received in the prior fiscal year, except any facility that would have been issued a lower rate effective October 1, 2005, than for the fiscal year ending June 30, 2005, due to interim rate status or agreement with the department, shall be issued such lower rate effective October 1, 2005. Such rate increase shall remain in effect unless: (1) The federal financial participation matching funds associated with the rate increase are no longer available; or (2) the user fee created pursuant to section 17b-320 is not in effect. For the fiscal year ending June 30, 2007, rates in effect for the period ending June 30, 2006, shall remain in effect until September 30, 2006, except any facility that would have been issued a lower rate effective July 1, 2006, than for the fiscal year ending June 30, 2006, due to interim rate status or agreement with the department, shall be issued such lower rate effective July 1, 2006. Effective October 1, 2006, no facility shall receive a rate that is more than three per cent greater than the rate in effect for the facility on September 30, 2006, except any facility that would have been issued a lower rate effective October 1, 2006, due to interim rate status or agreement with the department, shall be issued such lower rate effective October 1, 2006. For the fiscal year ending June 30, 2008, each facility shall receive a rate that is two and nine-tenths per cent greater than the rate in effect for the period ending June 30, 2007, except any facility that would have been issued a lower rate effective July 1, 2007, than for the rate period ending June 30, 2007, due to interim rate status, or agreement with the department, shall be issued such lower rate effective July 1, 2007. For the fiscal year ending June 30, 2009, rates in effect for the period ending June 30, 2008, shall remain in effect until June 30, 2009, except any facility that would have been issued a lower rate for the fiscal year ending June 30, 2009, due to interim rate status or agreement with the department, shall be issued such lower rate. For the fiscal years ending June 30, 2010, and June 30, 2011, rates in effect for the period ending June 30, 2009, shall remain in effect until June 30, 2011, except any facility that would have been issued a lower rate for the fiscal year ending June 30, 2010, or the fiscal year ending June 30, 2011, due to interim rate status or agreement with the department, shall be issued such lower rate. For the fiscal year ending June 30, 2012, rates in effect for the period ending June 30, 2011, shall remain in effect until June 30, 2012, except any facility that would have been issued a lower rate for the fiscal year ending June 30, 2012, due to interim rate status or agreement with the department, shall be issued such lower rate. For the fiscal years ending June 30, 2014, and June 30, 2015, rates shall not exceed those in effect for the period ending June 30, 2013, except the rate paid to a facility may be higher than the rate paid to the facility for the period ending June 30, 2013, if a capital improvement approved by the Department of Developmental Services, in consultation with the Department of Social Services, for the health or safety of the residents was made to the facility during the fiscal year ending June 30, 2014, or June 30, 2015, only to the extent such rate increases are within available appropriations. Any facility that would have been issued a lower rate for the fiscal year ending June 30, 2014, or the fiscal year ending June 30, 2015, due to interim rate status or agreement with the department, shall be issued such lower rate. For the fiscal years ending June 30, 2016, and June 30, 2017, rates shall not exceed those in effect for the period ending June 30, 2015, except the rate paid to a facility may be higher than the rate paid to the facility for the period ending June 30, 2015, if a capital improvement approved by the Department of Developmental Services, in consultation with the Department of Social Services, for the health or safety of the residents was made to the facility during the fiscal year ending June 30, 2016, or June 30, 2017, only to the extent such rate increases are within available appropriations. For the fiscal years ending June 30, 2016, and June 30, 2017, and each succeeding fiscal year, any facility that would have been issued a lower rate, due to interim rate status, a change in allowable fair rent or agreement with the department, shall be issued such lower rate. Any facility that has a significant decrease in land and building costs shall receive a reduced rate to reflect such decrease in land and building costs. For the fiscal years ending June 30, 2012, June 30, 2013, June 30, 2014, [and] June 30, 2015, June 30, 2016, and June 30, 2017, the Commissioner of Social Services may provide fair rent increases to any facility that has undergone a material change in circumstances related to fair rent and has an approved certificate of need pursuant to section 17b-352, 17b-353, 17b-354, as amended by this act, or 17b-355. Notwithstanding the provisions of this section, the Commissioner of Social Services may, within available appropriations, increase or decrease rates issued to intermediate care facilities for individuals with intellectual disabilities to reflect a reduction in available appropriations as provided in subsection (a) of this section. For the fiscal years ending June 30, 2014, and June 30, 2015, the commissioner shall not consider rebasing in determining rates.
Sec. 382. Subsection (a) of section 17b-244 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) The room and board component of the rates to be paid by the state to private facilities and facilities operated by regional education service centers which are licensed to provide residential care pursuant to section 17a-227, but not certified to participate in the Title XIX Medicaid program as intermediate care facilities for individuals with intellectual disabilities, shall be determined annually by the Commissioner of Social Services, except that rates effective April 30, 1989, shall remain in effect through October 31, 1989. Any facility with real property other than land placed in service prior to July 1, 1991, shall, for the fiscal year ending June 30, 1995, receive a rate of return on real property equal to the average of the rates of return applied to real property other than land placed in service for the five years preceding July 1, 1993. For the fiscal year ending June 30, 1996, and any succeeding fiscal year, the rate of return on real property for property items shall be revised every five years. The commissioner shall, upon submission of a request by such facility, allow actual debt service, comprised of principal and interest, on the loan or loans in lieu of property costs allowed pursuant to section 17-313b-5 of the regulations of Connecticut state agencies, whether actual debt service is higher or lower than such allowed property costs, provided such debt service terms and amounts are reasonable in relation to the useful life and the base value of the property. In the case of facilities financed through the Connecticut Housing Finance Authority, the commissioner shall allow actual debt service, comprised of principal, interest and a reasonable repair and replacement reserve on the loan or loans in lieu of property costs allowed pursuant to section 17-313b-5 of the regulations of Connecticut state agencies, whether actual debt service is higher or lower than such allowed property costs, provided such debt service terms and amounts are determined by the commissioner at the time the loan is entered into to be reasonable in relation to the useful life and base value of the property. The commissioner may allow fees associated with mortgage refinancing provided such refinancing will result in state reimbursement savings, after comparing costs over the terms of the existing proposed loans. For the fiscal year ending June 30, 1992, the inflation factor used to determine rates shall be one-half of the gross national product percentage increase for the period between the midpoint of the cost year through the midpoint of the rate year. For fiscal year ending June 30, 1993, the inflation factor used to determine rates shall be two-thirds of the gross national product percentage increase from the midpoint of the cost year to the midpoint of the rate year. For the fiscal years ending June 30, 1996, and June 30, 1997, no inflation factor shall be applied in determining rates. The Commissioner of Social Services shall prescribe uniform forms on which such facilities shall report their costs. Such rates shall be determined on the basis of a reasonable payment for necessary services. Any increase in grants, gifts, fund-raising or endowment income used for the payment of operating costs by a private facility in the fiscal year ending June 30, 1992, shall be excluded by the commissioner from the income of the facility in determining the rates to be paid to the facility for the fiscal year ending June 30, 1993, provided any operating costs funded by such increase shall not obligate the state to increase expenditures in subsequent fiscal years. Nothing contained in this section shall authorize a payment by the state to any such facility in excess of the charges made by the facility for comparable services to the general public. The service component of the rates to be paid by the state to private facilities and facilities operated by regional education service centers which are licensed to provide residential care pursuant to section 17a-227, but not certified to participate in the Title XIX Medicaid programs as intermediate care facilities for individuals with intellectual disabilities, shall be determined annually by the Commissioner of Developmental Services in accordance with section 17b-244a. For the fiscal year ending June 30, 2008, no facility shall receive a rate that is more than two per cent greater than the rate in effect for the facility on June 30, 2007, except any facility that would have been issued a lower rate effective July 1, 2007, due to interim rate status or agreement with the department, shall be issued such lower rate effective July 1, 2007. For the fiscal year ending June 30, 2009, no facility shall receive a rate that is more than two per cent greater than the rate in effect for the facility on June 30, 2008, except any facility that would have been issued a lower rate effective July 1, 2008, due to interim rate status or agreement with the department, shall be issued such lower rate effective July 1, 2008. For the fiscal years ending June 30, 2010, and June 30, 2011, rates in effect for the period ending June 30, 2009, shall remain in effect until June 30, 2011, except that (1) the rate paid to a facility may be higher than the rate paid to the facility for the period ending June 30, 2009, if a capital improvement required by the Commissioner of Developmental Services for the health or safety of the residents was made to the facility during the fiscal years ending June 30, 2010, or June 30, 2011, and (2) any facility that would have been issued a lower rate for the fiscal [years] year ending June 30, 2010, or June 30, 2011, due to interim rate status or agreement with the department, shall be issued such lower rate. For the fiscal year ending June 30, 2012, rates in effect for the period ending June 30, 2011, shall remain in effect until June 30, 2012, except that (A) the rate paid to a facility may be higher than the rate paid to the facility for the period ending June 30, 2011, if a capital improvement required by the Commissioner of Developmental Services for the health or safety of the residents was made to the facility during the fiscal year ending June 30, 2012, and (B) any facility that would have been issued a lower rate for the fiscal year ending June 30, 2012, due to interim rate status or agreement with the department, shall be issued such lower rate. Any facility that has a significant decrease in land and building costs shall receive a reduced rate to reflect such decrease in land and building costs. The rate paid to a facility may be increased if a capital improvement approved by the Department of Developmental Services, in consultation with the Department of Social Services, for the health or safety of the residents was made to the facility during the fiscal year ending June 30, 2014, or June 30, 2015, only to the extent such increases are within available appropriations. For the fiscal years ending June 30, 2016, and June 30, 2017, rates shall not exceed those in effect for the period ending June 30, 2015, except the rate paid to a facility may be higher than the rate paid to the facility for the period ending June 30, 2015, if a capital improvement approved by the Department of Developmental Services, in consultation with the Department of Social Services, for the health or safety of the residents was made to the facility during the fiscal year ending June 30, 2016, or June 30, 2017, only to the extent such rate increases are within available appropriations. For the fiscal years ending June 30, 2016, and June 30, 2017, and each succeeding fiscal year, any facility that would have been issued a lower rate, due to interim rate status, a change in allowable fair rent or agreement with the department, shall be issued such lower rate.
Sec. 383. Subdivision (1) of subsection (h) of section 17b-340 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(h) (1) For the fiscal year ending June 30, 1993, any residential care home with an operating cost component of its rate in excess of one hundred thirty per cent of the median of operating cost components of rates in effect January 1, 1992, shall not receive an operating cost component increase. For the fiscal year ending June 30, 1993, any residential care home with an operating cost component of its rate that is less than one hundred thirty per cent of the median of operating cost components of rates in effect January 1, 1992, shall have an allowance for real wage growth equal to sixty-five per cent of the increase determined in accordance with subsection (q) of section 17-311-52 of the regulations of Connecticut state agencies, provided such operating cost component shall not exceed one hundred thirty per cent of the median of operating cost components in effect January 1, 1992. Beginning with the fiscal year ending June 30, 1993, for the purpose of determining allowable fair rent, a residential care home with allowable fair rent less than the twenty-fifth percentile of the state-wide allowable fair rent shall be reimbursed as having allowable fair rent equal to the twenty-fifth percentile of the state-wide allowable fair rent. Beginning with the fiscal year ending June 30, 1997, a residential care home with allowable fair rent less than three dollars and ten cents per day shall be reimbursed as having allowable fair rent equal to three dollars and ten cents per day. Property additions placed in service during the cost year ending September 30, 1996, or any succeeding cost year shall receive a fair rent allowance for such additions as an addition to three dollars and ten cents per day if the fair rent for the facility for property placed in service prior to September 30, 1995, is less than or equal to three dollars and ten cents per day. Beginning with the fiscal year ending June 30, 2016, a residential care home shall be reimbursed the greater of the allowable accumulated fair rent reimbursement associated with real property additions and land as calculated on a per day basis or three dollars and ten cents per day if the allowable reimbursement associated with real property additions and land is less than three dollars and ten cents per day. For the fiscal year ending June 30, 1996, and any succeeding fiscal year, the allowance for real wage growth, as determined in accordance with subsection (q) of section 17-311-52 of the regulations of Connecticut state agencies, shall not be applied. For the fiscal year ending June 30, 1996, and any succeeding fiscal year, the inflation adjustment made in accordance with subsection (p) of section 17-311-52 of the regulations of Connecticut state agencies shall not be applied to real property costs. Beginning with the fiscal year ending June 30, 1997, minimum allowable patient days for rate computation purposes for a residential care home with twenty-five beds or less shall be eighty-five per cent of licensed capacity. Beginning with the fiscal year ending June 30, 2002, for the purposes of determining the allowable salary of an administrator of a residential care home with sixty beds or less the department shall revise the allowable base salary to thirty-seven thousand dollars to be annually inflated thereafter in accordance with section 17-311-52 of the regulations of Connecticut state agencies. The rates for the fiscal year ending June 30, 2002, shall be based upon the increased allowable salary of an administrator, regardless of whether such amount was expended in the 2000 cost report period upon which the rates are based. Beginning with the fiscal year ending June 30, 2000, and until the fiscal year ending June 30, 2009, inclusive, the inflation adjustment for rates made in accordance with subsection (p) of section 17-311-52 of the regulations of Connecticut state agencies shall be increased by two per cent, and beginning with the fiscal year ending June 30, 2002, the inflation adjustment for rates made in accordance with subsection (c) of said section shall be increased by one per cent. Beginning with the fiscal year ending June 30, 1999, for the purpose of determining the allowable salary of a related party, the department shall revise the maximum salary to twenty-seven thousand eight hundred fifty-six dollars to be annually inflated thereafter in accordance with section 17-311-52 of the regulations of Connecticut state agencies and beginning with the fiscal year ending June 30, 2001, such allowable salary shall be computed on an hourly basis and the maximum number of hours allowed for a related party other than the proprietor shall be increased from forty hours to forty-eight hours per work week. For the fiscal year ending June 30, 2005, each facility shall receive a rate that is two and one-quarter per cent more than the rate the facility received in the prior fiscal year, except any facility that would have been issued a lower rate effective July 1, 2004, than for the fiscal year ending June 30, 2004, due to interim rate status or agreement with the department shall be issued such lower rate effective July 1, 2004. Effective upon receipt of all the necessary federal approvals to secure federal financial participation matching funds associated with the rate increase provided in subdivision (4) of subsection (f) of this section, but in no event earlier than October 1, 2005, and provided the user fee imposed under section 17b-320 is required to be collected, each facility shall receive a rate that is determined in accordance with applicable law and subject to appropriations, except any facility that would have been issued a lower rate effective October 1, 2005, than for the fiscal year ending June 30, 2005, due to interim rate status or agreement with the department, shall be issued such lower rate effective October 1, 2005. Such rate increase shall remain in effect unless: (A) The federal financial participation matching funds associated with the rate increase are no longer available; or (B) the user fee created pursuant to section 17b-320 is not in effect. For the fiscal year ending June 30, 2007, rates in effect for the period ending June 30, 2006, shall remain in effect until September 30, 2006, except any facility that would have been issued a lower rate effective July 1, 2006, than for the fiscal year ending June 30, 2006, due to interim rate status or agreement with the department, shall be issued such lower rate effective July 1, 2006. Effective October 1, 2006, no facility shall receive a rate that is more than four per cent greater than the rate in effect for the facility on September 30, 2006, except for any facility that would have been issued a lower rate effective October 1, 2006, due to interim rate status or agreement with the department, shall be issued such lower rate effective October 1, 2006. For the fiscal years ending June 30, 2010, and June 30, 2011, rates in effect for the period ending June 30, 2009, shall remain in effect until June 30, 2011, except any facility that would have been issued a lower rate for the fiscal year ending June 30, 2010, or the fiscal year ending June 30, 2011, due to interim rate status or agreement with the department, shall be issued such lower rate, except (i) any facility that would have been issued a lower rate for the fiscal year ending June 30, 2010, or the fiscal year ending June 30, 2011, due to interim rate status or agreement with the Commissioner of Social Services shall be issued such lower rate; and (ii) the commissioner may increase a facility's rate for reasonable costs associated with such facility's compliance with the provisions of section 19a-495a concerning the administration of medication by unlicensed personnel. For the fiscal year ending June 30, 2012, rates in effect for the period ending June 30, 2011, shall remain in effect until June 30, 2012, except that (I) any facility that would have been issued a lower rate for the fiscal year ending June 30, 2012, due to interim rate status or agreement with the Commissioner of Social Services shall be issued such lower rate; and (II) the commissioner may increase a facility's rate for reasonable costs associated with such facility's compliance with the provisions of section 19a-495a concerning the administration of medication by unlicensed personnel. For the fiscal year ending June 30, 2013, the Commissioner of Social Services may, within available appropriations, provide a rate increase to a residential care home. Any facility that would have been issued a lower rate for the fiscal year ending June 30, 2013, due to interim rate status or agreement with the Commissioner of Social Services shall be issued such lower rate. For the fiscal years ending June 30, 2012, and June 30, 2013, the Commissioner of Social Services may provide fair rent increases to any facility that has undergone a material change in circumstances related to fair rent and has an approved certificate of need pursuant to section 17b-352, 17b-353, 17b-354, as amended by this act, or 17b-355. For the fiscal years ending June 30, 2014, and June 30, 2015, for those facilities that have a calculated rate greater than the rate in effect for the fiscal year ending June 30, 2013, the commissioner may increase facility rates based upon available appropriations up to a stop gain as determined by the commissioner. No facility shall be issued a rate that is lower than the rate in effect on June 30, 2013, except that any facility that would have been issued a lower rate for the fiscal year ending June 30, 2014, or the fiscal year ending June 30, 2015, due to interim rate status or agreement with the commissioner, shall be issued such lower rate. For the fiscal year ending June 30, 2014, and each fiscal year thereafter, a residential care home shall receive a rate increase for any capital improvement made during the fiscal year for the health and safety of residents and approved by the Department of Social Services, provided such rate increase is within available appropriations. For the fiscal year ending June 30, 2015, and each succeeding fiscal year thereafter, costs of less than ten thousand dollars that are incurred by a facility and are associated with any land, building or nonmovable equipment repair or improvement that are reported in the cost year used to establish the facility's rate shall not be capitalized for a period of more than five years for rate-setting purposes. For the fiscal year ending June 30, 2015, subject to available appropriations, the commissioner may, at the commissioner's discretion: Increase the inflation cost limitation under subsection (c) of section 17-311-52 of the regulations of Connecticut state agencies, provided such inflation allowance factor does not exceed a maximum of five per cent; establish a minimum rate of return applied to real property of five per cent inclusive of assets placed in service during cost year 2013; waive the standard rate of return under subsection (f) of section 17-311-52 of the regulations of Connecticut state agencies for ownership changes or health and safety improvements that exceed one hundred thousand dollars and that are required under a consent order from the Department of Public Health; and waive the rate of return adjustment under subsection (f) of section 17-311-52 of the regulations of Connecticut state agencies to avoid financial hardship. For the fiscal years ending June 30, 2016, and June 30, 2017, rates shall not exceed those in effect for the period ending June 30, 2015, except the commissioner may, in the commissioner's discretion and within available appropriations, provide pro rata fair rent increases to facilities which have documented fair rent additions placed in service in cost report years ending September 30, 2014, and September 30, 2015, that are not otherwise included in rates issued. For the fiscal years ending June 30, 2016, and June 30, 2017, and each succeeding fiscal year, any facility that would have been issued a lower rate, due to interim rate status, a change in allowable fair rent or agreement with the department, shall be issued such lower rate.
Sec. 384. Subsection (a) of section 17b-280 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) The state shall reimburse for all legend drugs provided under medical assistance programs administered by the Department of Social Services at the lower of (1) the rate established by the Centers for Medicare and Medicaid Services as the federal acquisition cost, (2) the average wholesale price minus sixteen and one-half per cent, or (3) an equivalent percentage as established under the Medicaid state plan. The state shall pay a professional fee of one dollar and [seventy] forty cents to licensed pharmacies for each prescription dispensed to a recipient of benefits under a medical assistance program administered by the Department of Social Services in accordance with federal regulations. On and after September 4, 1991, payment for legend and nonlegend drugs provided to Medicaid recipients shall be based upon the actual package size dispensed. Effective October 1, 1991, reimbursement for over-the-counter drugs for such recipients shall be limited to those over-the-counter drugs and products published in the Connecticut Formulary, or the cross reference list, issued by the commissioner. The cost of all over-the-counter drugs and products provided to residents of nursing facilities, chronic disease hospitals, and intermediate care facilities for individuals with intellectual disabilities shall be included in the facilities' per diem rate. Notwithstanding the provisions of this subsection, no dispensing fee shall be issued for a prescription drug dispensed to a Medicaid recipient who is a Medicare Part D beneficiary when the prescription drug is a Medicare Part D drug, as defined in Public Law 108-173, the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.
Sec. 385. Subsection (b) of section 17b-239e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(b) The commissioner may establish a blended inpatient hospital case rate that includes services provided to all Medicaid recipients and may exclude certain diagnoses, as determined by the commissioner, if the establishment of such rates is needed to ensure that the conversion to an administrative services organization is cost neutral to hospitals in the aggregate and ensures patient access. Utilization may be a factor in determining cost neutrality. The Department of Social Services [shall] may establish, within available appropriations, a supplemental inpatient pool for [low-cost] certain hospitals.
Sec. 386. Subsection (i) of section 17b-342 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(i) (1) On and after July 1, [1992] 2015, the Commissioner of Social Services shall, within available appropriations, administer a state-funded portion of the program for persons (A) who are sixty-five years of age and older; (B) who are inappropriately institutionalized or at risk of inappropriate institutionalization; (C) whose income is less than or equal to the amount allowed under subdivision (3) of subsection (a) of this section; and (D) whose assets, if single, [do not exceed the minimum community spouse protected amount pursuant to Section 4022.05 of the department's uniform policy manual or, if married, the couple's assets do not exceed one hundred fifty per cent of said community spouse protected amount and on and after April 1, 2007, whose assets, if single,] do not exceed one hundred fifty per cent of the federal minimum community spouse protected amount pursuant to [Section 4022.05 of the department's uniform policy manual] 42 USC 1396r-5(f)(2) or, if married, the couple's assets do not exceed two hundred per cent of said community spouse protected amount. For program applications received by the Department of Social Services for the fiscal years ending June 30, 2016, and June 30, 2017, only persons who require the level of care provided in a nursing home shall be eligible for the state-funded portion of the program, except for persons residing in affordable housing under the assisted living demonstration project established pursuant to section 17b-347e who are otherwise eligible in accordance with this section.
(2) Except for persons residing in affordable housing under the assisted living demonstration project established pursuant to section 17b-347e, as provided in subdivision (3) of this subsection, any person whose income is at or below two hundred per cent of the federal poverty level and who is ineligible for Medicaid shall contribute [seven] nine per cent of the cost of his or her care. Any person whose income exceeds two hundred per cent of the federal poverty level shall contribute [seven] nine per cent of the cost of his or her care in addition to the amount of applied income determined in accordance with the methodology established by the Department of Social Services for recipients of medical assistance. Any person who does not contribute to the cost of care in accordance with this subdivision shall be ineligible to receive services under this subsection. Notwithstanding any provision of [the general statutes] sections 17b-60 and 17b-61, the department shall not be required to provide an administrative hearing to a person found ineligible for services under this subsection because of a failure to contribute to the cost of care.
(3) Any person who resides in affordable housing under the assisted living demonstration project established pursuant to section 17b-347e and whose income is at or below two hundred per cent of the federal poverty level, shall not be required to contribute to the cost of care. Any person who resides in affordable housing under the assisted living demonstration project established pursuant to section 17b-347e and whose income exceeds two hundred per cent of the federal poverty level, shall contribute to the applied income amount determined in accordance with the methodology established by the Department of Social Services for recipients of medical assistance. Any person whose income exceeds two hundred per cent of the federal poverty level and who does not contribute to the cost of care in accordance with this subdivision shall be ineligible to receive services under this subsection. Notwithstanding any provision of [the general statutes] sections 17b-60 and 17b-61, the department shall not be required to provide an administrative hearing to a person found ineligible for services under this subsection because of a failure to contribute to the cost of care.
(4) The annualized cost of services provided to an individual under the state-funded portion of the program shall not exceed fifty per cent of the weighted average cost of care in nursing homes in the state, except an individual who received services costing in excess of such amount under the Department of Social Services in the fiscal year ending June 30, 1992, may continue to receive such services, provided the annualized cost of such services does not exceed eighty per cent of the weighted average cost of such nursing home care. The commissioner may allow the cost of services provided to an individual to exceed the maximum cost established pursuant to this subdivision in a case of extreme hardship, as determined by the commissioner, provided in no case shall such cost exceed that of the weighted cost of such nursing home care.
Sec. 387. Section 17b-131 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
When a person in any town, or sent from such town to any licensed institution or state humane institution, dies or is found dead therein and does not leave sufficient estate or has no legally liable relative able to pay the cost of a proper funeral and burial, or upon the death of any beneficiary under the state-administered general assistance program, the Commissioner of Social Services shall give to such person a proper funeral and burial, and shall pay a sum not exceeding one thousand [eight] four hundred dollars as an allowance toward the funeral expenses of such deceased, said sum to be paid, upon submission of a proper bill, to the funeral director, cemetery or crematory, as the case may be. Such payment for funeral and burial expenses shall be reduced by (1) the amount in any revocable or irrevocable funeral fund, (2) any prepaid funeral contract, (3) the face value of any life insurance policy owned by the decedent, and (4) contributions in excess of [two thousand eight] three thousand two hundred dollars toward such funeral and burial expenses from all other sources including friends, relatives and all other persons, organizations, veterans' and other benefit programs and other agencies.
Sec. 388. Section 17b-84 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
Upon the death of any beneficiary under the state supplement or the temporary family assistance program, the Commissioner of Social Services shall order the payment of a sum not to exceed one thousand [eight] four hundred dollars as an allowance toward the funeral and burial expenses of such deceased. The payment for funeral and burial expenses shall be reduced by the amount in any revocable or irrevocable funeral fund, prepaid funeral contract or the face value of any life insurance policy owned by the recipient. Contributions may be made by any person for the cost of the funeral and burial expenses of the deceased over and above the sum established under this section without thereby diminishing the state's obligation.
Sec. 389. Subsection (c) of section 17b-265d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(c) A full benefit dually eligible Medicare Part D beneficiary shall be responsible for any Medicare Part D prescription drug copayments imposed pursuant to Public Law 108-173, the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. [, in amounts not to exceed fifteen dollars per month. The department shall be responsible for payment, on behalf of such beneficiary, of any Medicare Part D prescription drug copayments in any month in which such copayment amounts exceed fifteen dollars in the aggregate.]
Sec. 390. Subsection (c) of section 17b-242 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(c) The home health services fee schedule shall include a fee for the administration of medication, which shall apply when the purpose of a nurse's visit is limited to the administration of medication. Administration of medication may include, but is not limited to, blood pressure checks, glucometer readings, pulse rate checks and similar indicators of health status. The fee for medication administration shall include administration of medications while the nurse is present, the pre-pouring of additional doses that the client will self-administer at a later time and the teaching of self-administration. The department shall not pay for medication administration in addition to any other nursing service at the same visit. The department may establish prior authorization requirements for this service. Before implementing such change, the Commissioner of Social Services shall consult with the chairpersons of the joint standing committees of the General Assembly having cognizance of matters relating to public health and human services. The commissioner shall monitor Medicaid home health care savings achieved through the implementation of nurse delegation of medication administration pursuant to section 19a-492e. If, by January 1, 2016, the commissioner determines that the rate of savings is not adequate to meet the annualized savings assumed in the budget for the biennium ending June 30, 2017, the department may reduce rates for medication administration as necessary to achieve the savings assumed in the budget. Prior to any rate reduction, the department shall report to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and human services provider specific cost and utilization trend data for those patients receiving medication administration. Should the department determine it necessary to reduce medication administration rates under this section, it shall examine the possibility of establishing a separate Medicaid supplemental rate or a pay-for-performance program for those providers, as determined by the commissioner, who have established successful nurse delegation programs.
Sec. 391. Subsection (d) of section 17b-265 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(d) When a recipient of medical assistance has personal health insurance in force covering care or other benefits provided under such program, payment or part-payment of the premium for such insurance may be made when deemed appropriate by the Commissioner of Social Services. Effective January 1, 1992, the commissioner shall limit reimbursement to medical assistance providers [, except those providers whose rates are established by the Commissioner of Public Health pursuant to chapter 368d,] for coinsurance and deductible payments under Title XVIII of the Social Security Act to assure that the combined Medicare and Medicaid payment to the provider shall not exceed the maximum allowable under the Medicaid program fee schedules.
Sec. 392. Section 17b-273 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
On and after April 1, 1983, the Commissioner of Social Services shall increase the payment rate for ambulance rides eligible under the state medical assistance program. Subject to federal approval, beginning with the fiscal year commencing
