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CONNECTICUT 2005 LEGISLATIVE SERVICE

 

June Special Session, P.A. No. 05-3

H.B. No. 7502

BUDGETS--STATE--IMPLEMENTATION



AN ACT CONCERNING THE IMPLEMENTATION OF VARIOUS BUDGETARY PROVISIONS.

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

convened:


Section 1. Section 4-28b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

<< CT ST § 4-28b >>


Notwithstanding any provision of the general statutes: (1) If, during any fiscal year, the state receives federal block grant funds, the Governor shall submit recommended allocations of such funds to the speaker of the House of Representatives and the president pro tempore of the Senate. Within five days of receipt of the recommendations, the speaker and the president pro tempore shall submit the recommended allocations to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and to the joint standing committee or committees of the General Assembly having cognizance of the subject matter relating to such recommended allocations, as determined by the speaker and the president pro tempore. Within thirty days of their receipt of the Governor's recommended allocations, the committee having cognizance of matters relating to appropriations and the budgets of state agencies, in concurrence with the committee or committees of cognizance, shall advise the Governor of their approval or modifications, if any, of such recommended allocations. If the joint standing committees do not concur, the committee chairpersons shall appoint a committee on conference which shall be comprised of three members from each joint standing committee. At least one member appointed from each committee shall be a member of the minority party. The report of the committee on conference shall be made to each committee, which shall vote to accept or reject the report. The report of the committee on conference may not be amended. If a joint standing committee rejects the report of the committee on conference, the Governor's recommended allocations shall be deemed approved. If the joint standing committees accept the report, the committee having cognizance of matters relating to appropriations and the budgets of state agencies shall advise the Governor of their approval or modifications, if any, of such recommended allocations, provided if the committees do not act within thirty days, the recommended allocations shall be deemed approved. Disbursement of such funds shall be in accordance with the Governor's recommended allocations as approved or modified by the committees. After such recommended allocations have been so approved or modified, any proposed transfer to or from any specific allocation of a sum or sums of over fifty thousand dollars or ten per cent of any such specific allocation, whichever is less, shall be submitted by the Governor to the speaker and the president pro tempore and approved, modified or rejected by the committees in accordance with the procedures set forth in this subdivision. Notification of all transfers made shall be sent to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and to the committee or committees of cognizance, through the Office of Fiscal Analysis; (2) if, during any fiscal year, federal funding for programs financed by state appropriations with federal reimbursements is reduced below the amounts estimated under the provisions of section 2-35, the Governor shall submit recommendations to the joint standing committee having cognizance of matters relating to appropriations and the budgets of state agencies and to the committee of cognizance, for legislation necessary to modify funding for such programs consistent with such reductions in federal funding.
Sec. 2. (Effective from passage) (a) The unexpended balance of the funds appropriated in subsection (a) of section 59 of public act 05-251 for the fiscal year ending June 30, 2005, shall not lapse on July 1, 2005, and such funds shall continue to be available for expenditure during the fiscal year ending June 30, 2006.
(b) The Secretary of the Office of Policy and Management may transfer funds appropriated to the Office of Policy and Management, for Energy Contingency, in subsection (a) of section 49 and subsection (a) of section 59 of public act 05- 251, to various state agencies, for energy expenditures.
(c) Up to $ 1,125,000 of the amount transferred to the Department of Public Safety pursuant to subsection (b) of this section shall be transferred to the Department of Public Safety, for Personal Services.
Sec. 3. Subsection (d) of section 1 of special act 99-8, as amended by section 89 of public act 01-9 of the June special session and section 205 of public act 03-6 of the June 30 special session, is amended to read as follows (Effective from passage):
(d) The pilot program established under this section shall terminate September 20, 2005 2007.
Sec. 4. Subsection (b) of section 12-564 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

<< CT ST § 12-564 >>


(b) The executive director shall, with the advice and consent of the board, conduct studies concerning the effect of legalized gambling on the citizens of this state including, but not limited to, studies to determine the types of gambling activity engaged in by the public and the desirability of expanding maintaining or reducing the amount of legalized gambling permitted in this state. Such studies shall be conducted as often as the executive director deems necessary, except that no studies shall be conducted before the fiscal year ending June 30, 2009, and thereafter studies shall be conducted at least once every ten years. The joint standing committees of the General Assembly having cognizance of matters relating to legalized gambling shall each receive a report concerning each study carried out, stating the findings of the study and the costs of conducting the study.
Sec. 5. (Effective from passage) Section 65 of public act 05-251 shall take effect July 1, 2005.
Sec. 6. Subsection (f) of section 52-434 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2006):

<< CT ST § 52-434 >>


(f) Each judge trial referee shall receive, for acting as a referee or as a single auditor or committee of any court or for performing duties assigned by the Chief Court Administrator with the approval of the Chief Justice, for each day the judge trial referee is so engaged, in addition to the retirement salary: (1) (A) On and after January 1, 2006, and before January 1, 2007, the sum of two hundred fifteen dollars, and (B) on and after January 1, 2007, the sum of two hundred twenty dollars; and (2) expenses, including mileage. Such amounts shall be taxed by the court making the reference in the same manner as other court expenses.
Sec. 7. Subsection (b) of section 22a-27h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

<< CT ST § 22a-27h >>


(b) Notwithstanding any provision of the general statutes, (1) on and after June 1, 1990, (1) (A) the amount of any fee received by the Department of Environmental Protection which is attributable to the establishment of a new fee or the increase of an existing fee pursuant to the provisions of title 23 or 26, and (2) (B) any fees paid to the department, pursuant to said titles, which are in excess of the total fees paid to the department pursuant to said titles for the fiscal year ending June 30, 1989, shall be deposited directly into the fund established by subsection (a) of this section and credited to the conservation account. The Commissioner of Environmental Protection shall certify to the Treasurer, with respect to each such fee received on and after June 1, 1990, the amount of such fee which shall be credited to the General Fund and the amount of such fee which shall be credited to the conservation account, and (2) on and after July 1, 2005, all fees collected by the department pursuant to title 23 for parking, admission, boat launching, camping and other recreational uses of state parks, forests, boat launches and other state facilities shall be deposited into the Conservation Fund and credited to the conservation account established by subsection (a) of this section.
Sec. 8. (NEW) (Effective July 1, 2006) (a) If any member of the armed forces of the United States or of any state or of any reserve component thereof who is domiciled in this state and who is called to active service and deployed to Southwest Asia in support of Operation Enduring Freedom or Operation Iraqi Freedom is, on or after September 11, 2001, and before July 1, 2006, killed in action or dies as a result of an accident or illness sustained while performing active military duty with the armed forces of the United States and is survived by:
(1) A spouse and a dependent child or children under eighteen years of age, the Comptroller shall draw (A) an order on the Treasurer for the sum of one hundred thousand dollars, payable in equal monthly installments over a period of not less than ten years to such member's spouse, except that any such payments shall terminate on the death or remarriage of such spouse during said ten-year period, and (B) an order on the Treasurer for monthly payments of fifty dollars for each dependent child under eighteen years of age, payable to such spouse or the guardian of each such child, until such child reaches eighteen years of age;
(2) No spouse and a dependent child or children under eighteen years of age, the Comptroller shall draw (A) an order on the Treasurer for the sum of one hundred thousand dollars, payable in equal monthly installments over a period of not less than ten years to the guardian of such child or children on behalf of and for the care of such child or children, except that any such payments shall terminate when the youngest of such children reaches eighteen years of age during said ten-year period, and (B) an order on the Treasurer for monthly payments of fifty dollars for each dependent child under eighteen years of age, payable to the guardian of such child, on behalf of and for the care of such child, until such child reaches eighteen years of age;
(3) A spouse and no child or children under eighteen years of age, the Comptroller shall draw an order on the Treasurer for the sum of fifty thousand dollars payable in equal monthly installments over a period of not less than five years, to such spouse, except that any such payments shall terminate on the death or remarriage of such spouse during such five-year period;
(4) No spouse and no child or children under eighteen years of age but a parent or parents dependent upon such member, the Comptroller shall draw an order on the Treasurer for the sum of fifty thousand dollars, payable to such member's parent or parents in equal monthly installments over a period of not less than five years, except that (A) on the death of one such parent, the surviving parent shall continue to receive the entire monthly payments under the provisions of this subdivision, and (B) on the death of such surviving parent during such five-year period, such payments shall cease.
(b) The amount paid to any person under this section shall be reduced by the amount of any death benefit that is paid to such person for the death of such member under any federal law.
Sec. 9. (NEW) (Effective from passage) Notwithstanding the provisions of section 12-146 of the general statutes, any municipality may, by ordinance, provide that no interest shall be charged or collected for a period of one year on any property tax or any installment or part thereof that is payable by any resident of the state for real property assessed on the 2003 grand list, provided such resident is domiciled with and the spouse of a member of the armed forces of the United States or of any state or of any reserve component thereof who has been called to active service in the armed forces of the United States for military operations that are authorized by the President of the United States that entail military action in Iraq and who is serving in the Middle East on the final day that payment of such property tax or installment or part thereof is due.
Sec. 10. (NEW) (Effective from passage) (a) As used in this section, (1) "department" means the Military Department, (2) "fund" means the Military Family Relief Fund established in accordance with this section, (3) "eligible member of the armed forces" and "eligible member" means a member of the armed forces, as defined in subsection (a) of section 27-103 of the general statutes, including the Connecticut National Guard, who is on active duty and who is domiciled in this state, (4) "immediate family member" means an eligible member's spouse, child or parent who is domiciled in this state, or any other member of an eligible member's family who lives in the same household as the eligible member, and (5) "essential personal or household goods or services" includes, but is not limited to, repairs, medical services that are not covered by insurance, transportation, babysitting, clothing, school supplies or any other goods or services that are essential to the well-being of an eligible member's immediate family.
(b) There is established, within the General Fund, a separate, nonlapsing account to be known as the "Military Family Relief Fund". The account shall contain (1) any amounts appropriated or otherwise made available by the state for the purposes of this section, (2) any moneys required by law to be deposited in the account, and (3) gifts, grants, donations or bequests made for the purposes of this section. Investment earnings credited to the assets of the fund shall become part of the assets of the fund. Any balance remaining in the account at the end of any fiscal year shall be carried forward in the account for the fiscal year next succeeding. The State Treasurer shall administer the fund. All moneys deposited in the account shall be used by the Military Department for the purposes of this section. The Military Department may deduct and retain from the moneys in the account an amount equal to the costs incurred by the department in administering the provisions of this section, except that said amount shall not exceed two per cent of the moneys deposited in the account in any fiscal year.
(c) The Military Department shall use the Military Family Relief Fund to make grants to immediate family members of eligible members of the armed forces for essential personal or household goods or services in this state if the payment for such goods or services would be a hardship for such family member because of the military service of the eligible member. The department shall not make any grant that exceeds the balance available for grants in the fund.
(d) The department shall establish an application process that is simple for immediate family members. The department shall act on each application no later than seven days after the date on which the completed application is submitted to the department.
(e) On or after six months from the effective date of this section, after evaluating the performance of the program during the preceding six months, including available resources and applications received, the department may commence the process to adopt regulations, in accordance with the provisions of chapter 54[1] of the general statutes, that would facilitate the purposes of this section, including, but not limited to, establishing a maximum amount of each grant, of each type of grant or of grants to the immediate family members of any eligible member, and establishing criteria for the approval of grant applications. The department may implement the policies and procedures contained in such proposed regulations while in the process of adopting such proposed regulations, provided the department publishes notice of intention to adopt the regulations in the Connecticut Law Journal no later than twenty days after implementing such policies and procedures. Policies and procedures implemented pursuant to this subsection shall be valid until the earlier of the date on which such regulations are effective or one year after the publication of such notice of intention.
(f) On or before October 15, 2005, and on or before the fifteenth day following the close of each calendar quarter thereafter, the department shall submit a report to the select committee of the General Assembly having cognizance of matters relating to veterans' and military affairs, in accordance with section 11-4a of the general statutes, that contains the following information for the preceding calendar quarter: (1) The number of applications received, (2) the number of eligible members whose immediate family members received grants under this section, (3) the amount in grants made to the immediate family of each such eligible member, (4) the uses for such grants, and (5) any recommendations regarding the Military Family Relief Fund, including any proposed legislation to facilitate the purposes of this section. Such reports shall not identify the name of any eligible member or of any immediate family member. Notwithstanding the provisions of subsection (a) of section 1-210 of the general statutes, all information obtained by the Military Department that contains the name or address of, or other information that could be used to identify, an eligible member or an immediate family member shall be confidential.



Sec. 11. (NEW) (Effective July 1, 2005, and applicable to taxable years commencing on or after January 1, 2005) (a) Any taxpayer filing a return under chapter 229 of the general statutes for taxable years commencing on or after January 1, 2005, may contribute all or part of a refund under chapter 229
[2] of the general statutes to the Military Family Relief Fund established in section 10 of this act, by indicating on the tax return the amount to be contributed to the fund.
(b) A contribution or designation made pursuant to this section shall be irrevocable upon the filing of the return. A taxpayer making a contribution or designation pursuant to this subsection shall so indicate on the tax return in a manner provided for by the Commissioner of Revenue Services.
(c) A contribution of all or part of a refund shall be made in the full amount indicated if the refund found due the taxpayer upon the initial processing of the return, and after any deductions required by chapter 229 of the general statutes, is greater than or equal to the indicated contribution. If the refund due, as determined upon initial processing, and after any deductions required by said chapter 229, is less than the indicated contribution, the contribution shall be made in the full amount of the refund. The Commissioner of Revenue Services shall subtract the amount of any contribution of all or part of a refund from the amount of the refund initially found due the taxpayer and shall certify (1) the amount of the refund initially found due the taxpayer, (2) the amount of any such contribution, and (3) the amount of the difference to the Secretary of the Office of Policy and Management and the State Treasurer for payment to the taxpayer in accordance with said chapter 229. For the purposes of any subsequent determination of the taxpayer's net tax payment, such contribution shall be considered a part of the refund paid to the taxpayer.
(d) The Commissioner of Revenue Services, after notification of and approval by the Secretary of the Office of Policy and Management, may deduct and retain from the moneys collected under subsections (a) to (c), inclusive, of this section an amount equal to the costs of administering this section, but in any fiscal year beginning on or after July 1, 2006, not to exceed four per cent of such moneys collected in such fiscal year. The Commissioner of Revenue Services shall deposit the remaining moneys collected in the Military Family Relief Fund.


Sec. 12. (NEW) (Effective from passage) (a) As used in this section, (1) "member" means a member of the armed forces, as defined in section 27-103 of the general statutes, including the Connecticut National Guard, who is on active duty and who is a resident of this state, (2) "services" includes, but is not limited to, repairs, gardening, transportation, babysitting, tutoring, cooking or any other services that a member or member's family would find helpful, and (3) "local organizations" includes not-for-profit organizations that serve members and veterans and their families, and other organizations that seek to volunteer services to members and their families.
(b) The Family Program of the Connecticut National Guard shall establish a volunteer service program in which a volunteer service coordinator coordinates with municipalities and local organizations throughout the state to provide services by volunteers to members and their families. No person shall volunteer any services for which a license, certificate of registration, permit or other credentials issued by a state agency is required unless such person holds such license, certificate of registration, permit or other credentials.
(c) The volunteer services coordinator shall identify municipalities and local organizations that provide volunteer services to members and their families in communities throughout the state and shall assist such municipalities and local organizations.
(d) On or before January 31, 2006, and annually thereafter, the Family Program of the Connecticut National Guard shall report to the select committee of the General Assembly having cognizance of matters relating to veterans' and military affairs, in accordance with section 11-4a of the general statutes, on the services provided by volunteers to members throughout the state, including, but not limited to, the level of services in different geographical areas.
Sec. 13. (NEW) (Effective from passage) The Family Program of the Connecticut National Guard shall publicize to all members of the armed forces, as defined in subsection (a) of section 27-103 of the general statutes, including the Connecticut National Guard, and their families the availability throughout the state of therapy support groups for such members and their families. The publicity shall include contact information for referral to support groups in locations that are convenient for such members and their families.
Sec. 14. (NEW) (Effective from passage) (a) As used in this section, "eligible member or veteran" means a member or former member of the Connecticut National Guard who (1) is or was called to active service on or after September 11, 2001, (2) is or was in such active service for at least ninety consecutive days, (3) during such active service, is or was deployed to an area designated as a combat zone by the President of the United States, and (4) if discharged, is or was honorably discharged or discharged for injuries sustained in the line of duty.
(b) On and after July 1, 2005, the Adjutant General shall pay each eligible member or veteran the amount of fifty dollars for each month or major part thereof of active service by such eligible member or veteran on or after September 11, 2001. The maximum payment to any eligible member or veteran shall not exceed five hundred dollars. No payment shall be made to any eligible member or veteran who makes application for such payment later than three years after the date of the cessation of such operations in which such member or veteran served.
(c) The Adjutant General, in consultation with the Commissioner of Veterans' Affairs, shall adopt regulations, in accordance with the provisions of chapter 54
[3] of the general statutes, to implement the provisions of this section. Such regulations shall include procedures for verification of eligibility of an eligible member or veteran and for the application for and payment of the amounts specified in this section.

Sec. 15. (NEW) (Effective July 1, 2005) The Commissioner of Veterans' Affairs in conjunction with the Adjutant General shall award a ribbon and medal to each veteran who served in time of war, as defined in subsection (a) of section 27- 103 of the general statutes, and who either (1) was a resident of this state at the time he or she was called to active duty for such service, or (2) is domiciled in this state on the date of such award. The commissioner in conjunction with the Adjutant General shall adopt regulations, in accordance with chapter 54
[4] of the general statutes, setting forth the process for designing the ribbon and medal, identifying veterans who are eligible for the ribbon and medal under this section and establishing procedures for distributing the ribbon and medal to each eligible veteran. The cost of the ribbons and medals shall be paid from the funds appropriated to the military assistance account within the Military Department. Awards under this section may not be made posthumously.

Sec. 16. Subsection (d) of section 10a-77 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

<< CT ST § 10a-77 >>


(d) Said board of trustees shall waive the payment of tuition at any of the regional community-technical colleges (1) for any dependent child of a person whom the armed forces of the United States has declared to be missing in action or to have been a prisoner of war while serving in such armed forces after January 1, 1960, which child has been accepted for admission to such institution and is a resident of Connecticut at the time such child is accepted for admission to such institution, (2) for any veteran having served in time of war, as defined in subsection (a) of section 27-103, or who served in either a combat or combat support role in the invasion of Grenada, October 25, 1983, to December 15, 1983, the invasion of Panama, December 20, 1989, to January 31, 1990, or the peace-keeping mission in Lebanon, September 29, 1982, to March 30, 1984, who has been accepted for admission to such institution and is domiciled in this state at the time such veteran is accepted for admission to such institution, (3) for any resident of Connecticut sixty-two years of age or older, provided, at the end of the regular registration period, there are enrolled in the course a sufficient number of students other than those persons eligible for waivers pursuant to this subdivision to offer the course in which such person intends to enroll and there is space available in such course after accommodating all such students, (4) for any student attending the Connecticut State Police Academy who is enrolled in a law enforcement program at said academy offered in coordination with a regional community-technical college which accredits courses taken in such program, (5) for any active member of the Connecticut Army or Air National Guard who (A) has been certified by the Adjutant General or such Adjutant General's designee as a member in good standing of the guard, and (B) is enrolled or accepted for admission to such institution on a full-time or part-time basis in an undergraduate degree-granting program, (6) for any dependent child of a (A) police officer, as defined in section 7-294a, or supernumerary or auxiliary police officer, (B) firefighter, as defined in section 7-323j, or member of a volunteer fire company, (C) municipal employee, or (D) state employee, as defined in section 5-154, killed in the line of duty, and (7) for any resident of the state who is a dependent child or surviving spouse of a specified terrorist victim who was a resident of this state. If any person who receives a tuition waiver in accordance with the provisions of this subsection also receives educational reimbursement from an employer, such waiver shall be reduced by the amount of such educational reimbursement. Veterans described in subdivision (2) of this subsection and members of the National Guard described in subdivision (5) of this subsection shall be given the same status as students not receiving tuition waivers in registering for courses at regional community-technical colleges. Notwithstanding the provisions of section 10a-30, as used in this subsection, "domiciled in this state" includes domicile for less than one year.
Sec. 17. Subsection (d) of section 10a-99 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

<< CT ST § 10a-99 >>


(d) Said board shall waive the payment of tuition fees at the Connecticut State University system (1) for any dependent child of a person whom the armed forces of the United States has declared to be missing in action or to have been a prisoner of war while serving in such armed forces after January 1, 1960, which child has been accepted for admission to such institution and is a resident of Connecticut at the time such child is accepted for admission to such institution, (2) for any veteran having served in time of war, as defined in subsection (a) of section 27-103, or who served in either a combat or combat support role in the invasion of Grenada, October 25, 1983, to December 15, 1983, the invasion of Panama, December 20, 1989, to January 31, 1990, or the peace-keeping mission in Lebanon, September 29, 1982, to March 30, 1984, who has been accepted for admission to such institution and is domiciled in this state at the time such veteran is accepted for admission to such institution, (3) for any resident of Connecticut sixty-two years of age or older who has been accepted for admission to such institution, provided (A) such person is enrolled in a degree-granting program, or (B) at the end of the regular registration period, there are enrolled in the course a sufficient number of students other than those persons eligible for waivers pursuant to this subdivision to offer the course in which such person intends to enroll and there is space available in such course after accommodating all such students, (4) for any student attending the Connecticut Police Academy who is enrolled in a law enforcement program at said academy offered in coordination with the university which accredits courses taken in such program, (5) for any active member of the Connecticut Army or Air National Guard who (A) has been certified by the Adjutant General or such Adjutant General's designee as a member in good standing of the guard, and (C) (B) is enrolled or accepted for admission to such institution on a full-time or part-time basis in an undergraduate degree-granting program, (6) for any dependent child of a (A) police officer, as defined in section 7-294a, or supernumerary or auxiliary police officer, (B) firefighter, as defined in section 7-323j, or member of a volunteer fire company, (C) municipal employee, or (D) state employee, as defined in section 5-154, killed in the line of duty, and (7) for any resident of this state who is a dependent child or surviving spouse of a specified terrorist victim who was a resident of the state. If any person who receives a tuition waiver in accordance with the provisions of this subsection also receives educational reimbursement from an employer, such waiver shall be reduced by the amount of such educational reimbursement. Veterans described in subdivision (2) of this subsection and members of the National Guard described in subdivision (5) of this subsection shall be given the same status as students not receiving tuition waivers in registering for courses at Connecticut state universities. Notwithstanding the provisions of section 10a-30, as used in this subsection, "domiciled in this state" includes domicile for less than one year.
Sec. 18. Subsection (e) of section 10a-105 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

<< CT ST § 10a-105 >>


(e) Said board of trustees shall waive the payment of tuition fees at The University of Connecticut (1) for any dependent child of a person whom the armed forces of the United States has declared to be missing in action or to have been a prisoner of war while serving in such armed forces after January 1, 1960, which child has been accepted for admission to The University of Connecticut and is a resident of Connecticut at the time such child is accepted for admission to said institution, (2) for any veteran having served in time of war, as defined in subsection (a) of section 27-103, or who served in either a combat or combat support role in the invasion of Grenada, October 25, 1983, to December 15, 1983, the invasion of Panama, December 20, 1989, to January 31, 1990, or the peace-keeping mission in Lebanon, September 29, 1982, to March 30, 1984, who has been accepted for admission to said institution and is domiciled in this state at the time such veteran is accepted for admission to said institution, (3) for any resident of Connecticut sixty-two years of age or older who has been accepted for admission to said institution, provided (A) such person is enrolled in a degree-granting program, or (B) at the end of the regular registration period, there are enrolled in the course a sufficient number of students other than those persons eligible for waivers pursuant to this subdivision to offer the course in which such person intends to enroll and there is space available in such course after accommodating all such students, (4) for any active member of the Connecticut Army or Air National Guard who (A) has been certified by the Adjutant General or such Adjutant General's designee as a member in good standing of the guard, and (B) is enrolled or accepted for admission to said institution on a full-time or part-time basis in an undergraduate degree-granting program, (5) for any dependent child of a (A) police officer, as defined in section 7-294a, or supernumerary or auxiliary police officer, (B) firefighter, as defined in section 7-323j, or member of a volunteer fire company, (C) municipal employee, or (D) state employee, as defined in section 5-154, killed in the line of duty, and (6) for any resident of the state who is the dependent child or surviving spouse of a specified terrorist victim who was a resident of the state. If any person who receives a tuition waiver in accordance with the provisions of this subsection also receives educational reimbursement from an employer, such waiver shall be reduced by the amount of such educational reimbursement. Veterans described in subdivision (2) of this subsection and members of the National Guard described in subdivision (4) of this subsection shall be given the same status as students not receiving tuition waivers in registering for courses at The University of Connecticut. Notwithstanding the provisions of section 10a-30, as used in this subsection, "domiciled in this state" includes domicile for less than one year.
Sec. 19. Subsection (e) of section 27-102n of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

<< CT ST § 27-102n >>


(e) The board shall submit an annual report to the Governor, and to the joint standing committee of the General Assembly having cognizance of matters relating to public safety and the select committee of the General Assembly having cognizance of matters relating to military and veterans' affairs, in accordance with the provisions of section 11-4a, on its activities with its recommendations, if any, for improving the delivery of services to veterans and the addition of new programs.
Sec. 20. Section 31-98 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2006):

<< CT ST § 31-98 >>


(a) The panel, or its single member if sitting in accordance with section 31- 93, may, in its discretion and with the consent of the parties, issue an oral decision immediately upon conclusion of the proceedings. If the decision is to be in writing, it shall be signed, within fifteen days, by a majority of the members of the panel or by the single member so sitting, and the decision shall state such details as will clearly show the nature of the decision and the points disposed of by the panel. Where the decision is in writing, one copy thereof shall be filed by the panel in the office of the town clerk in the town where the controversy arose and one copy shall be given to each of the parties to the controversy. The panel or single member which has rendered an oral decision immediately upon conclusion of the proceedings shall submit a written copy of the decision to each party within fifteen days from the issuance of such oral decision. In all cases where a decision is rendered orally from the bench, the secretary shall cause such oral decision to be transcribed, approved by the panel or single member as applicable and filed with the records of the board proceedings.
(b) Upon the conclusion of the proceedings, each member of the panel shall receive one hundred fifty seventy-five dollars, and on and after July 1, 2006, two hundred twenty-five dollars and a panel member who prepares a written decision shall receive an additional one hundred twenty-five dollars, and on and after July 1, 2006, one hundred seventy-five dollars, or the single member, if sitting in accordance with section 31-93, shall receive two hundred seventy-five dollars, and on and after July 1, 2006, three hundred twenty-five dollars, provided if the proceedings extend beyond one day, each member shall receive one hundred dollars, and on and after July 1, 2006, one hundred fifty dollars for each additional day beyond the first day, and provided further no proceeding may be extended beyond two days without the prior approval of the Labor Commissioner for each such additional day.
(c) Upon the conclusion of an executive panel session, each member of such panel shall receive one hundred dollars, and on and after July 1, 2006, one hundred fifty dollars.
Sec. 21. (NEW) (Effective July 1, 2005) The Department of Veterans' Affairs shall provide a toll-free telephone number for use as a clearinghouse by active members of the armed forces in this state, including the National Guard, and their families to obtain, in response to their requests about benefits or services that may be available to such members or their families, referrals to entities that provide such benefits or services. The toll-free telephone number shall be staffed by employees of or trained volunteers working at the Department of Veterans' Affairs on weekdays during regular business hours, and on weekends and holidays from nine o'clock a.m. to five o'clock p.m.
Sec. 22. (NEW) (Effective July 1, 2005) (a) As used in this section, (1) "department" means the Department of Veterans' Affairs, (2) "service member" means a member of the armed forces, as defined in subsection (a) of section 27- 103 of the general statutes, including the Connecticut National Guard, (3) "veteran" has the same meaning as provided in subsection (a) of section 27-103 of the general statutes, and (4) "committee" means the select committee of the General Assembly having cognizance of matters relating to veterans' and military affairs.
(b) The Department of Veterans' Affairs shall develop and maintain a service members' and veterans' contact list, consisting of only the names and mailing addresses of service members and veterans who reside in this state, using information in the department's records and information submitted to the department by (1) the Military Department, as provided in subsection (c) of this section, (2) the assessor of each town, as provided in subsection (d) of this section, and (3) service members or veterans, as provided in subsection (e) of this section.
(c) On or before September 1, 2005, the Military Department shall submit to the Department of Veterans' Affairs a list of the name and mailing address, but no other information, of each service member who is a resident of this state that is in the records of the Military Department.
(d) On or before the sixtieth day following the date on which an exemption pursuant to subdivision (19) of section 12-81 of the general statutes takes effect, as provided in section 12-95 of the general statutes, the assessor of each town that granted any such exemption shall submit to the Department of Veterans' Affairs a list of the name and mailing address, but no other information, of each individual who has such exemption.
(e) A service member or veteran who is a resident of this state may add his or her name and mailing address to the contact list by submitting such information to the Department of Veterans' Affairs in person or by mail. A service member shall include a copy of his or her military identification card and a veteran shall include a copy of his or her military discharge document, as defined in section 1-219 of the general statutes.
(f) Any individual who is included in the contact list may cause his or her name to be removed from the contact list by notifying the Department of Veterans' Affairs in writing.
(g) (1) The Department of Veterans' Affairs or the Military Department may use the contact list solely for the purposes of notifying service members or veterans of benefits, proposed or enacted legislation that affects service members or veterans or their families, or other information that the Department of Veterans' Affairs or the Military Department believes will be helpful to service members or veterans or their families. The Department of Veterans' Affairs shall provide a copy of the contact list to the Military Department, upon receipt of a written request signed by the Adjutant General.
(2) Notwithstanding the provisions of subsection (a) of section 1-210 of the general statutes, the Department of Veterans' Affairs and the Military Department shall not disclose any information in the contact list to any person other than as provided in this subsection. No person shall use the contact list for any purpose other than as provided in subdivision (1) of this subsection.
Sec. 23. Section 28-31 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

<< CT ST § 28-31 >>


(a) The Department of Public Utility Control shall establish a nuclear safety emergency preparedness account, which shall be a separate, nonlapsing account within the General Fund, and which shall be financed through assessments of all Nuclear Regulatory Commission licensees that own or operate nuclear power generating facilities in the state. The department shall initially assess the licensees for a total of two million dollars. The department may assess licensees for such amounts as necessary for the purposes of the account, provided the balance in the account at the end of the fiscal year may not exceed three hundred thousand dollars. The department shall annually assess the licensees, upon the request of the Commissioner of Emergency Management and Homeland Security, for funding to support annual expenses of five staff positions in the Department of Environmental Protection and three staff positions in the Department of Emergency Management and Homeland Security. Personnel shall be assigned to said staff positions solely for the purposes of the program established pursuant to subsection (b) of this section. Federal reimbursements and grants obtained in support of the nuclear safety emergency preparedness program shall be paid into the General Fund and credited to the account. The department shall develop an equitable method of assessing the licensees for their reasonable pro-rata share of such assessments. All such assessments shall be included as operating expenses of the licensees for purposes of rate-making. All moneys within the account shall be invested by the State Treasurer in accordance with established investment practices and all interest earned by such investments shall be returned to the account.
(b) Moneys in the account shall be expended by the Commissioner of Emergency Management and Homeland Security, in conjunction with the Commissioner of Environmental Protection, only to support the activities of a nuclear safety emergency preparedness program and only in accordance with the plan approved by the Secretary of the Office of Policy and Management under subsection (c) of this section. The program shall include, but not necessarily be limited to: (1) Development of a detailed fixed facility nuclear emergency response plan for areas surrounding each nuclear electrical generation facility and each away-from-reactor spent fuel storage facility, (2) annual training of state and local emergency response personnel, (3) development of accident scenarios and exercising of fixed facility nuclear emergency response plans, (4) provision of specialized response equipment necessary to accomplish this task, (5) support for the operations and personal services costs of the radiological instrument maintenance and calibration facility, as necessary to replace any reduction in current federal funding, and (6) any other measures as may be required by the Nuclear Regulatory Commission and the Federal Emergency Management Agency of the United States Department of Homeland Security. Moneys in the account shall be distributed as follows to carry out the purposes of the program: The t Commissioner of Emergency Management and Homeland Security may expend not more than twenty-five per cent of the proceeds of the maximum annual assessment for administrative functions incident to the program. The Commissioner of Emergency Management and Homeland Security may expend such additional funds as are necessary to assure and maintain emergency operations center capabilities and specialized response equipment necessary to implement the fixed facility nuclear emergency response plans. The remaining moneys in the account may be allocated to other state agencies and used to reimburse municipalities for costs incurred in the purchase and maintenance of equipment and for services rendered in carrying out the purposes of the program.
(c) Not later than November first, annually, the Commissioner of Emergency Management and Homeland Security, in consultation with the Commissioner of Environmental Protection, shall submit to the Secretary of the Office of Policy and Management a plan for carrying out the purposes of the nuclear safety emergency preparedness program during the next state fiscal year. The plan shall include proposed itemized expenditures and measures for the program. The secretary shall review the plan and, not later than December first, annually, approve the plan if it conforms to the provisions of this section.
(d) All moneys within the nuclear safety emergency preparedness account may be expended only in accordance with the provisions of this section.
(e) Notwithstanding the provisions of subsection (a) of this section, the Department of Public Utility Control may allow an additional assessment of the licensees to supplement the initial assessment of such licensees if either the Nuclear Regulatory Commission or the Federal Emergency Management Agency of the United States Department of Homeland Security disapproves or informs, in writing, the Commissioner of Emergency Management and Homeland Security that it is likely to disapprove the nuclear safety emergency preparedness plan and additional funds are or would be needed to conform the plan to acceptable standards.

<< Note: CT ST §§ 10-67, 10-68, 10-69, 10-70, 10-71, 10-71a, 10-72, 10-73, 10-

73a, 10-73b >>


Sec. 24. Section 51 of public act 01-1 of the June special session, as amended by section 16 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):
Notwithstanding the provisions of sections 10-67 to 10-73b, inclusive, of the general statutes, for the fiscal years ending June 30, 2004 2006, and June 30, 2005 2007, the WACE Technical Training Center in Waterbury shall be eligible to spend up to $ 300,000 of funding received under the Adult Education Grant pursuant to said sections 10-67 to 10-73b, inclusive, for technical training.

<< Note: CT ST § 31-261 >>


Sec. 25. (Effective from passage) Notwithstanding the provisions of subsection (a) of section 31-261 of the general statutes, $ 18,000,000 of the amount credited to this state's account in the Unemployment Trust Fund pursuant to Section 903 of the Social Security Act,
[5] as amended by Section 209 of Public Law 107-147, with respect to federal fiscal year 2002, is deemed to be approproated to the Labor Department and shall be used as follows: $ 10,000,000 to improve the 20 year old IT infrastructure for the unemployment program; $ 3,500,000 to improve the linkages between employers and potential employees; and $ 2,000,000 to expand the electronic storage needed for employer tax forms. Such amounts shall be available for expenditure to the extent allowed under Section 903 of the Social Security Act, as amended by Section 209 of Public Law 107-147.

Sec. 26. Subsection (a) of section 14-41 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

<< CT ST § 14-41 >>


(a) Except as provided in section 14-41a, each motor vehicle operator's license shall be renewed every six years or every four years on the date of the operator's birthday in accordance with a schedule to be established by the commissioner. On and after July 1, 2005 2007, the Commissioner of Motor Vehicles shall screen the vision of each motor vehicle operator prior to every other renewal of the operator's license of such operator in accordance with a schedule adopted by the commissioner. Such screening requirement shall apply to every other renewal following the initial screening. In lieu of the vision screening by the commissioner, such operator may submit the results of a vision screening conducted by a licensed health care professional qualified to conduct such screening on a form prescribed by the commissioner during the twelve months preceding such renewal. No motor vehicle operator's license may be renewed unless the operator passes such vision screening. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54,
[6] to implement the provisions of this subsection relative to the administration of vision screening.

Sec. 27. Section 14-164m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

<< CT ST § 14-164m >>


Notwithstanding the provisions of section 13b-61, commencing on July 1, 2001 2007, and on the first day of each October, January, April and July thereafter, the State Comptroller shall transfer from the Special Transportation Fund into the Emissions Enterprise Fund, one million six hundred twenty-five thousand dollars of the funds received by the state pursuant to the fees imposed under sections 14-49b and 14-164c. Notwithstanding the provisions of section 13b-61, on July 1, 2005, October 1, 2005, January 1, 2006, and April 1, 2006, the State Comptroller shall transfer from the Special Transportation Fund into the Emissions Enterprise Fund, four hundred thousand dollars of the funds received by the state pursuant to the fees imposed under sections 14-49b and 14-164c. Notwithstanding the provisions of section 13b-61, on July 1, 2006, October 1, 2006, January 1, 2007, and April 1, 2007, the State Comptroller shall transfer from the Special Transportation Fund into the Emissions Enterprise Fund, one million dollars of the funds received by the state pursuant to the fees imposed under sections 14-49b and 14-164c.
Sec. 28. (NEW) (Effective July 1, 2005) The State Fire Administrator may, within available funds, administer a supplemental grant award remittance program to support local volunteer fire companies that provide emergency response services on a limited access highway, or, on a section of the highway known as the Berlin Turnpike, which begins at the end of the existing Wilbur Cross Parkway in the town of Meriden and extends northerly along Route 15 to the beginning of that section of limited access highway in the town of Wethersfield known as the South Meadows Expressway, or on that section of Route 8 in Beacon Falls which is within the boundaries of the Naugatuck State Forest. Eligible fire companies may receive direct payment of grant funds or may use the funds as credits for fee-based services provided by the Commission on Fire Prevention and Control. Any such credits shall be used during the fiscal year for which they are received.
Sec. 29. (Effective July 1, 2005) During the fiscal year ending June 30, 2006, and the fiscal year ending June 30, 2007, the sum of $ 165,000 shall be transferred from the appropriation to the Department of Administrative Services, for Personal Services, to the appropriation to the State Comptroller - Fringe Benefits, for State Employees Health Service Cost, for each of said fiscal years.
Sec. 30. (NEW) (Effective July 1, 2005) In order to be eligible to receive funds from the Office of Policy and Management for the Leadership, Education, Athletics in Partnership (LEAP) program, or the Neighborhood Youth Centers program, an applicant must provide a match of at least fifty per cent of the grant amount. The cash portion of such match shall be at least twenty-five per cent of the grant amount.
Sec. 31. (Effective July 1, 2005) The sum of $ 300,000 appropriated to the Labor Department, for the fiscal year ending June 30, 2006, and the fiscal year ending June 30, 2007, for Spanish-American Merchants Association, shall be transferred to the Office of Workforce Competitiveness, for Spanish-American Merchants Association, for said fiscal years.
Sec. 32. Section 12-20b of the general statutes is amended by adding subsection (c) as follows (Effective July 1, 2005):

<< CT ST § 12-20b >>


(NEW) (c) Notwithstanding the provisions of section 12-20a or subsection (a) of this section, the amount due the city of New London, on or before the thirtieth day of September, annually, with respect to the United States Coast Guard Academy in New London, shall be five hundred thousand dollars, which amount shall be paid from the annual appropriation, from the General Fund, for reimbursement to towns for loss of taxes on private tax-exempt property.
Sec. 33. (NEW) (Effective from passage) (a) As used in this section:
(1) "Eligible member" means a member of the Connecticut National Guard who served in the Persian Gulf War, as defined in 38 USC 101, or in an area designated as a combat zone by the President of the United States during Operation Enduring Freedom or Operation Iraqi Freedom;
(2) "Veteran" means a veteran, as defined in subsection (a) of section 27-103 of the general statutes, who served as an eligible member;
(3) "Military physician" includes a physician who is under contract with the United States Department of Defense to provide physician services to members of the armed forces; and
(4) "Depleted uranium" means uranium containing less uranium-235 than the naturally occurring distribution of uranium isotopes.
(b) On and after October 1, 2005, the Adjutant General and the Commissioner of Veterans' Affairs shall assist any eligible member or veteran who (1) has been assigned a risk level I, II or III for depleted uranium exposure by his or her branch of service, (2) is referred by a military physician, or (3) has reason to believe that he or she was exposed to depleted uranium during such service, in obtaining federal treatment services, including a best practice health screening test for exposure to depleted uranium using a bioassay procedure involving sensitive methods capable of detecting depleted uranium at low levels and the use of equipment with the capacity to discriminate between different radioisotopes in naturally occurring levels of uranium and the characteristic ratio and marker for depleted uranium. No state funds shall be used to pay for such tests or such other federal treatment services.
(c) On or before October 1, 2005, the Adjutant General shall submit a report to the select committee of the General Assembly having cognizance of matters relating to military and veterans' affairs, in accordance with the provisions of section 11-4a of the general statutes, on the scope and adequacy of training received by members of the Connecticut National Guard on detecting whether their service as eligible members is likely to entail, or to have entailed, exposure to depleted uranium. The report shall include an assessment of the feasibility and cost of adding predeployment training concerning potential exposure to depleted uranium and other toxic chemical substances and the precautions recommended under combat and noncombat conditions while in a combat zone.

<< Note: CT ST §§ 11-4a, 27-103 >>


Sec. 34. (Effective from passage) (a) There is established a task force to study the health effects of the exposure to hazardous materials, including, but not limited to, depleted uranium, as they relate to military service. The task force shall, within available appropriations: (1) With the approval of the president pro tempore of the Senate and the speaker of the House of Representatives, and subject to the provisions of subsection (c) of this section, commission a study to consider the health of service members who may have been exposed to hazardous materials since August 2, 1990, and conduct a scientific conference on such health effects; (2) initiate a health registry for veterans, as defined in subsection (a) of section 27-103 of the general statutes, and military personnel returning from Afghanistan, Iraq or other countries in which depleted uranium or other hazardous materials may be found; (3) develop a plan for outreach to and follow-up of military personnel; (4) prepare a report for service members concerning potential exposure to depleted uranium and other toxic chemical substances and the precautions recommended under combat and noncombat conditions while in a combat zone; and (5) make any other recommendations the task force considers appropriate.
(b) The task force shall consist of the following members:
(1) The Commissioner of Veterans' Affairs or a designee;
(2) The Commissioner of Public Health or a designee;
(3) Six members who are members of the General Assembly, appointed, one each, by the president pro tempore of the Senate, the speaker of the House of Representatives and the majority and minority leaders of the Senate and the House of Representatives;
(4) Two members who are veterans with knowledge of or experience with exposure to hazardous materials, appointed, one each, by the president pro tempore of the Senate and the speaker of the House of Representatives; and
(5) Four members who are physicians or scientists with knowledge of or experience in the detection or health effects of exposure to depleted uranium or other hazardous materials, appointed, one each, by the majority and minority leaders of the Senate and the House of Representatives.
(c) The person retained to conduct the study under subdivision (1) of subsection (a) of this section shall, prior to being retained, disclose to the president pro tempore of the Senate and the speaker of the House of Representatives any research done by such person (1) on any matters related to depleted uranium, or (2) that was funded by an entity that is engaged in manufacturing processes that use depleted uranium.
(d) All appointments to the task force shall be made no later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.
(e) The president pro tempore of the Senate and the speaker of the House of Representatives shall appoint as chairpersons of the task force one senator and one representative, respectively, from among the members appointed under subdivision (3) of subsection (b) of this section. The chairpersons shall schedule the first meeting of the task force, which shall be held no later than sixty days after the effective date of this section.
(f) The administrative staff of the select committee of the General Assembly having cognizance of matters relating to military and veterans' affairs shall serve as administrative staff of the task force.
(g) Not later than January 31, 2006, the task force shall submit a report on its findings and recommendations to the select committee of the General Assembly having cognizance of matters relating to military and veterans' affairs, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits such report or January 31, 2006, whichever is earlier.
Sec. 35. (Effective July 1, 2005) (a) The sum of $ 1,000,000 appropriated to the Office of Policy and Management, for Neighborhood Youth Centers, for the fiscal years ending June 30, 2006, and June 30, 2007, shall be used for a grant to the Boys' and Girls' Clubs of Connecticut, provided said organization shall be required to provide a one hundred per cent cash match for such sum.
(b) The sum of $ 200,000 appropriated to the Office of Policy and Management for Neighborhood Youth Centers for the fiscal years ending June 30, 2006, and June 30, 2007, shall be used for a grant to San Jose Cooperative Youth, Hill Cooperative Youth and Central YMCA in New Haven, provided said organizations shall be required to provide a match of at least fifty per cent of the grant amount, and the cash portion of such match shall be at least twenty-five per cent of the grant amount.
Sec. 36. Subsection (b) of section 12-15 of the general statutes, as amended by section 65 of public act 05-251, is repealed and the following is substituted in lieu thereof (Effective from passage):

<< CT ST § 12-15 >>


(b) The commissioner may disclose (1) returns or return information to (A) an authorized representative of another state agency or office, upon written request by the head of such agency or office, when required in the course of duty or when there is reasonable cause to believe that any state law is being violated, or (B) an authorized representative of an agency or office of the United States, upon written request by the head of such agency or office, when required in the course of duty or when there is reasonable cause to believe that any federal law is being violated, provided no such agency or office shall disclose such returns or return information, other than in a judicial or administrative proceeding to which such agency or office is a party pertaining to the enforcement of state or federal law, as the case may be, in a form which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer except that the names and addresses of jurors or potential jurors and the fact that the names were derived from the list of taxpayers pursuant to chapter 884
[7] may be disclosed by the judicial branch; (2) returns or return information to the Auditors of Public Accounts, when required in the course of duty under chapter 23;[8] (3) returns or return information to tax officers of another state or of a Canadian province or of a political subdivision of such other state or province or of the District of Columbia or to any officer of the United States Treasury Department or the United States Department of Health and Human Services, authorized for such purpose in accordance with an agreement between this state and such other state, province, political subdivision, the District of Columbia or department, respectively, when required in the administration of taxes imposed under the laws of such other state, province, political subdivision, the District of Columbia or the United States, respectively, and when a reciprocal arrangement exists; (4) returns or return information in any action, case or proceeding in any court of competent jurisdiction, when the commissioner or any other state department or agency is a party, and when such information is directly involved in such action, case or proceeding; (5) returns or return information to a taxpayer or its authorized representative, upon written request for a return filed by or return information on such taxpayer; (6) returns or return information to a successor, receiver, trustee, executor, administrator, assignee, guardian or guarantor of a taxpayer, when such person establishes, to the satisfaction of the commissioner, that such person has a material interest which will be affected by information contained in such returns or return information; (7) information to the assessor or an authorized representative of the chief executive officer of a Connecticut municipality, when the information disclosed is limited to (A) a list of real or personal property that is or may be subject to property taxes in such municipality, or (B) a list containing the name of each person who is issued any license, permit or certificate which is required, under the provisions of this title, to be conspicuously displayed and whose address is in such municipality; (8) real estate conveyance tax return information or controlling interest transfer tax return information to the town clerk or an authorized representative of the chief executive officer of a Connecticut municipality to which the information relates; (9) estate tax returns and estate tax return information to the Probate Court Administrator or to the court of probate for the district within which a decedent resided at the date of the decedent's death, or within which the commissioner contends that a decedent resided at the date of the decedent's death or, if a decedent died a nonresident of this state, in the court of probate for the district within which real estate or tangible personal property of the decedent is situated, or within which the commissioner contends that real estate or tangible personal property of the decedent is situated; (10) returns or return information to the Secretary of the Office of Policy and Management for purposes of subsection (b) of section 12-7a; (11) return information to the Jury Administrator, when the information disclosed is limited to the names, addresses, federal Social Security numbers and dates of birth, if available, of residents of this state, as defined in subdivision (1) of subsection (a) of section 12-701; (12) pursuant to regulations adopted by the commissioner, returns or return information to any person to the extent necessary in connection with the processing, storage, transmission or reproduction of such returns or return information, and the programming, maintenance, repair, testing or procurement of equipment, or the providing of other services, for purposes of tax administration; (13) without written request and unless the commissioner determines that disclosure would identify a confidential informant or seriously impair a civil or criminal tax investigation, returns and return information which may constitute evidence of a violation of any civil or criminal law of this state or the United States to the extent necessary to apprise the head of such agency or office charged with the responsibility of enforcing such law, in which event the head of such agency or office may disclose such return information to officers and employees of such agency or office to the extent necessary to enforce such law; (14) names and addresses of operators, as defined in section 12-407, to tourism districts, as defined in section 10-397; (15) names of each licensed dealer, as defined in section 12-285, and the location of the premises covered by the dealer's license; (16) to a tobacco product manufacturer that places funds into escrow pursuant to the provisions of subsection (a) of section 4-28i, return information of a distributor licensed under the provisions of chapter 214[9] or chapter 214a,[10] provided the information disclosed is limited to information relating to such manufacturer's sales to consumers within this state, whether directly or through a distributor, dealer or similar intermediary or intermediaries, of cigarettes, as defined in section 4-28h, and further provided there is reasonable cause to believe that such manufacturer is not in compliance with section 4-28i; and (17) returns, which shall not include a copy of the return filed with the commissioner, or return information for purposes of section 12-217z.

Sec. 37. Section 29-223a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

<< CT ST § 29-223a >>


(a) No person shall engage in, practice or offer to perform the work of a hoisting equipment operator, except as provided in subsection (b) or (c) of this section, who is not the holder of a valid crane operator's license or hoisting equipment operator's license issued by the board. Each licensed hoisting equipment operator shall carry his or her license on his or her person when operating hoisting equipment. No person may engage in, practice or perform the work of a hoisting equipment operator apprentice unless he has obtained a certificate of registration from the board. An apprentice's certificate may be issued for the performance of work of a hoisting equipment operator for the purpose of training, which work may be performed only under the supervision of a licensed hoisting equipment operator.
(b) The provisions of this section shall not apply to: (1) Any person engaged in the occupation of hoisting equipment operator in the state on October 1, 2003, provided such person shall be required to obtain a license not later than one year of October 1, 2004, (2) engineers under the jurisdiction of the United States, (3) engineers or operators employed by public utilities or industrial manufacturing plants, or (4) persons engaged in boating, fishing, agriculture or arboriculture.
(c) On or after October 1, 2003, but not later than October 1, 2005, the board shall issue a license for a hoisting equipment operator to any person who provides a notarized statement from the person's employer indicating the dates and duties of employment operating such equipment or proof of ownership and control of a company utilizing such equipment.
Sec. 38. Section 12-815a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

<< CT ST § 12-815a >>


(a) The executive director of the Division of Special Revenue shall issue vendor, affiliate and occupational licenses in accordance with the provisions of this section.
(b) No person or business organization awarded a primary contract by the Connecticut Lottery Corporation to provide facilities, components, goods or services that are necessary for and directly related to the secure operation of the activities of said corporation shall do so unless such person or business organization is issued a vendor license by the executive director of the Division of Special Revenue. For the purposes of this subsection, "primary contract" means a contract to provide facilities, components, goods or services to said corporation by a person or business organization (1) that provides any lottery game or any online wagering system related facilities, components, goods or services and that receives or, in the exercise of reasonable business judgment, can be expected to receive more than seventy-five thousand dollars or twenty-five per cent of its gross annual sales from said corporation, or (2) that has access to the facilities of said corporation and provides services in such facilities without supervision by said corporation. Each applicant for a vendor license shall pay a nonrefundable application fee of two hundred dollars.
(c) No person or business organization, other than a shareholder in a publicly traded corporation, may be a subcontractor for the provision of facilities, components, goods or services that are necessary for and directly related to the secure operation of the activities of the Connecticut Lottery Corporation, or may exercise control in or over a vendor licensee unless such person or business organization is licensed as an affiliate licensee by the executive director. Each applicant for an affiliate license shall pay a nonrefundable application fee of two hundred dollars.
(d) (1) Each employee of a vendor or affiliate licensee who has access to the facilities of the Connecticut Lottery Corporation and provides services in such facilities without supervision by said corporation or performs duties directly related to the activities of said corporation shall obtain an occupational license.
(2) Each officer, director, partner, trustee or owner of a business organization licensed as a vendor or affiliate licensee and any shareholder, executive, agent or other person connected with any vendor or affiliate licensee who, in the judgment of the executive director, will exercise control in or over any such licensee shall obtain an occupational license.
(3) Each employee of the Connecticut Lottery Corporation shall obtain an occupational license.
(e) The executive director shall issue occupational licenses in the following classes: (1) Class I for persons specified in subdivision (1) of subsection (d) of this section; (2) Class II for persons specified in subdivision (2) of subsection (d) of this section; (3) Class III for persons specified in subdivision (3) of subsection (d) of this section who, in the judgment of the executive director, will not exercise authority over or direct the management and policies of the Connecticut Lottery Corporation; and (4) Class IV for persons specified in subdivision (3) of subsection (d) of this section who, in the judgment of the executive director, will exercise authority over or direct the management and policies of the Connecticut Lottery Corporation. Each applicant for a Class I or III occupational license shall pay a nonrefundable application fee of ten dollars. Each applicant for a Class II or IV occupational license shall pay a nonrefundable application fee of fifty dollars. The nonrefundable application fee shall accompany the application for each such occupational license.
(f) In determining whether to grant a vendor, affiliate or occupational license to any such person or business organization, the executive director may require an applicant to provide information as to such applicant's: (1) Financial standing and credit; (2) moral character; (3) criminal record, if any; (4) previous employment; (5) corporate, partnership or association affiliations; (6) ownership of personal assets; and (7) such other information as the executive director deems pertinent to the issuance of such license, provided the submission of such other information will assure the integrity of the state lottery. The executive director shall require each applicant for a vendor, affiliate or occupational license to submit to state and national criminal history records checks and may require each such applicant to submit to an international criminal history records check before such license is issued. The state and national criminal history records checks required pursuant to this subsection shall be conducted in accordance with section 29-17a. The executive director shall issue a vendor, affiliate or occupational license, as the case may be, to each applicant who satisfies the requirements of this subsection and who is deemed qualified by the executive director. The executive director may reject for good cause an application for a vendor, affiliate or occupational license.
(g) Each vendor, affiliate or Class I or II occupational license shall be effective for not more than one year from the date of issuance. Each Class III or IV occupational license shall remain in effect throughout the term of employment of any such employee holding such a license. The executive director may require each employee issued a Class IV occupational license to submit information as to such employee's financial standing and credit annually. Initial application for and renewal of any such license shall be in such form and manner as the executive director shall prescribe.
(h) (1) The executive director may suspend or revoke for good cause a vendor, affiliate or occupational license after a hearing held before the executive director in accordance with chapter 54.
[11] The executive director may order summary suspension of any such license in accordance with subsection (c) of section 4-182.
(2) Any such applicant aggrieved by the action of the executive director concerning an application for a license, or any person or business organization whose license is suspended or revoked, may appeal to the Gaming Policy Board not later than fifteen days after such decision. Any person or business organization aggrieved by a decision of the board may appeal pursuant to section 4-183.
(3) The executive director may impose a civil penalty on any licensee for a violation of any provision of this chapter or any regulation adopted under section 12-568a in an amount not to exceed two thousand five hundred dollars after a hearing held in accordance with chapter 54.
(i) The executive director may require that the books and records of any vendor or affiliate licensee be maintained in any manner which the executive director may deem best, and that any financial or other statements based on such books and records be prepared in accordance with generally accepted accounting principles in such form as the executive director shall prescribe. The executive director or a designee may visit, investigate and place expert accountants and such other persons as deemed necessary in the offices or places of business of any such licensee for the purpose of satisfying himself or herself that such licensee is in compliance with the regulations of the division.
(j) For the purposes of this section, (1) "business organization" means a partnership, incorporated or unincorporated association, firm, corporation, trust or other form of business or legal entity; (2) "control" means the power to exercise authority over or direct the management and policies of a licensee; and (3) "person" means any individual.
(k) The executive director of the Division of Special Revenue may adopt such regulations, in accordance with chapter 54, as are necessary to implement the provisions of this section.

Sec. 39. Section 12-557e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

<< CT ST § 12-557e >>


The Gaming Policy Board shall work in cooperation with the Division of Special Revenue to implement and administer the provisions of this chapter, chapters 226b
[12] and 229a[13] and sections 7-169 to 7-186, inclusive. In carrying out its duties the board shall be responsible for: (1) Approving, suspending or revoking licenses issued under subsection (a) of section 12-574; (2) approving contracts for facilities, goods, components or services necessary to carry out the provisions of section 12-572; (3) setting racing and jai alai meeting dates, except that the board may delegate to the executive director the authority for setting make-up performance dates within the period of a meeting set by the board; (4) imposing fines on licensees under subsection (j) of section 12-574; (5) approving the types of pari-mutuel betting to be permitted; (6) advising the executive director concerning the conduct of off-track betting facilities; (7) assisting the executive director in developing regulations to carry out the provisions of this chapter, chapters 226b and 229a and sections 7-169 to 7-186, inclusive, and approving such regulations prior to their adoption; (8) hearing all appeals taken under subsection (k) of section 7-169, subsection (h) of section 7-169h, subsection (c) of section 7-181, subsection (j) of section 12-574 and section 12-815a, as amended by this act; and (9) advising the Governor on state-wide plans and goals for legalized gambling.


Sec. 40. Section 12-806a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

<< CT ST § 12-806a >>


As used in this section, "procedure" shall have the same meaning as "procedure", as defined in subdivision (2) of section 1-120. The Division of Special Revenue shall, for the purposes of sections 12-557e, as amended by this act, and 12-568a, subsection (d) of section 12-574 and sections 12-802a, 12-815a, as amended by this act, and this section, regulate the activities of the Connecticut Lottery Corporation to assure the integrity of the state lottery. In addition to the requirements of the provisions of chapter 12
[14] and notwithstanding the provisions of section 12-806, the Connecticut Lottery Corporation shall, prior to implementing any procedure designed to assure the integrity of the state lottery, obtain the written approval of the executive director of the Division of Special Revenue in accordance with regulations adopted under section 12-568a.

Sec. 41. (NEW) (Effective July 1, 2005) One-third of the amount of the increase in the appropriation to the Mashantucket Pequot and Mohegan Fund for the fiscal year ending June 30, 2007, for Grants to Towns, shall be distributed to municipalities that are members of the Southeastern Connecticut Council of Governments and to any distressed municipality that is a member of the Northeastern Connecticut Council of Governments or the Windham Area Council of Governments. Said amount shall be distributed proportionately to each such municipality based on the total amount of payments received by all such municipalities from said fund in the fiscal year ending June 30, 2006, determined in accordance with section to 3-55j of the general statutes, as amended by this act. The grants payable in accordance with this section shall be determined prior to the determination of grants pursuant to said section to 3-55j and shall not be reduced proportionately if the total of the grants payable to each municipality pursuant to said section exceeds the amount appropriated for such grants with respect to such year. The payments to municipalities authorized by this section shall be made in accordance with the schedule set forth in section 3-55i of the general statutes.
Sec. 42. (NEW) (Effective July 1, 2005) (a) For the fiscal year ending June 30, 2006, the municipalities of Ledyard, Montville, Norwich, North Stonington and Preston shall each receive a grant of two hundred fifty thousand dollars which shall be paid from the Mashantucket Pequot and Mohegan Fund established by section 3-55i of the general statutes and which shall be in addition to the grants paid to said municipalities pursuant to section 3-55j of the general statutes, as amended by this act.
(b) For the fiscal year ending June 30, 2007, and each fiscal year thereafter, the municipalities of Ledyard, Montville, Norwich, North Stonington and Preston shall each receive a grant of seven hundred fifty thousand dollars which shall be paid from said fund and which shall be in addition to the grants paid to said municipalities pursuant to section 3-55j of the general statutes, as amended by this act.
(c) The grants payable in accordance with this section shall be determined prior to the determination of grants pursuant to said section 3-55j and shall not be reduced proportionately if the total of the grants payable to each municipality pursuant to said section exceeds the amount appropriated for grants pursuant to section 3-55i of the general statutes with respect to each such year.
Sec. 43. Subsection (i) of section 3-55j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

<< CT ST § 3-55j >>


(i) For the fiscal year ending June 30, 2003, to the fiscal year ending June 30, 2006, inclusive, the municipalities of Ledyard, Montville, Norwich, North Stonington and Preston shall each receive a grant of five hundred thousand dollars which shall be paid from the Mashantucket Pequot and Mohegan Fund established by section 3-55i and which shall be in addition to the grants paid to said municipalities pursuant to subsections (a) to (g), inclusive, of this section.
Sec. 44. (NEW) (Effective October 1, 2005) (a) There is established a Commission on Child Protection that shall consist of eleven members appointed as follows:(1) The Chief Justice of the Supreme Court shall appoint two judges of the Superior Court, or a judge of the Superior Court and a retired judge of the Superior Court; (2) the speaker of the House of Representatives, the president pro tempore of the Senate, the majority leader of the Senate and the majority leader of the House of Representatives, and the minority leader of the House of Representatives and the minority leader of the Senate shall each appoint one member; and (3) the Governor shall appoint three members, one of whom shall serve as chairperson.
(b) Each member of the commission shall serve for a term of three years and until the appointment and qualification of his or her successor. No more than three of the members, other than the chairperson, may be members of the same political party. Of the four nonjudicial members, other than the chairperson, at least two shall not be members of the bar of any state.
(c) If any vacancy occurs on the commission, the appointing authority having the power to make the initial appointment under the provisions of this section shall appoint a person for the unexpired term in accordance with the provisions of this section.
(d) The members of the commission shall serve without compensation but shall be reimbursed for actual expenses incurred while engaged in the duties of the commission. The members of the commission shall not be employed in any other position under this section or section 45 of this act.
(e) The commission may adopt such rules as it deems necessary for the conduct of its internal affairs.
(f) The commission shall be responsible for carrying out the purposes of this section and section 45 of this act and shall appoint a Chief Child Protection Attorney, who shall serve at the pleasure of the commission and whose compensation shall be fixed by the commission.
(g) The commission shall be within the Division of Public Defender Services for administrative purposes only.
Sec. 45. (NEW) (Effective October 1, 2005) The Chief Child Protection Attorney appointed under section 44 of this act shall on or before July 1, 2006:
(1) Establish a system for the provision of: (A) Legal services to indigent respondents in family contempt and paternity matters, and (B) legal services and guardians ad litem to children and indigent parents in proceedings before the superior court for juvenile matters, as defined in subsection (a) of section 46b-121 of the general statutes, other than representation of children in delinquency matters. To carry out the requirements of this section, the Chief Child Protection Attorney may contract with (i) appropriate not-for-profit legal services agencies, and (ii) individual lawyers for the delivery of legal services to represent children and indigent parents in such proceedings;
(2) Ensure that attorneys providing legal services pursuant to this section are assigned to cases in a manner that will avoid conflicts of interest, as defined by the Rules of Professional Conduct; and
(3) Provide initial and in-service training for attorneys providing legal services pursuant to this section and establish training, practice and caseload standards for the representation of: (A) Indigent respondents in family contempt and paternity matters, and (B) children and indigent parents in juvenile matters, as defined in subsection (a) of section 46b-121 of the general statutes, other than representation of children in delinquency matters. Such standards shall apply to any attorney who represents children or indigent parents in such matters pursuant to this section and shall be designed to ensure a high quality of legal representation. The training for attorneys required by this subdivision shall be designed to ensure proficiency in the procedural and substantive law related to such matters and to establish a minimum level of proficiency in relevant subject areas, including, but not limited to, family violence, child development, behavioral health, educational disabilities and cultural competence.
Sec. 46. (NEW) (Effective July 1, 2006) (a) The judicial authority before whom a juvenile or family matter described in section 45 of this act is pending shall determine eligibility for counsel for a child or youth and the parents or guardian of a child or youth if they are unable to afford counsel. Upon a finding that a party is unable to afford counsel, the judicial authority shall appoint the Chief Child Protection Attorney appointed under section 44 of this act. For purposes of determining eligibility for appointment of counsel, the judicial authority shall cause the parent or guardian of a child or youth to complete a written statement under oath or affirmation setting forth the parent or guardian's liabilities and assets, income and sources thereof, and such other information which the Commission on Child Protection shall designate and require on forms adopted by the Commission on Child Protection. Upon the appointment of counsel for a parent, guardian, child or youth, the judicial authority shall notify the Chief Child Protection Attorney, who shall assign the matter to an attorney under contract with the Commission on Child Protection to provide such representation.
(b) The payment of any attorney who was appointed prior to July 1, 2006, to represent a child or indigent parent in any case described in subdivision (1) of section 45 of this act, who continues to represent such child or parent after July 1, 2006, shall be processed through the Commission on Child
Protection and paid at the rate that was in effect at the time of such appointment.
Sec. 47. (Effective October 1, 2005) (a) The sum of $ 234,000 for Personal Services, $ 125,000 for Other Expenses, and $ 30,000 for Equipment, appropriated to the Judicial Department, in section 1 of public act 05-251 for the fiscal year ending June 30, 2006, for contracted attorneys and associated administration expenses, shall be transferred to the Public Defender Services Commission for said years for contracted attorney services and associated administration expenses.
(b) The sum of $ 312,000 for Personal Services and $ 9,200,000 for Other Expenses, appropriated to the Judicial Department, in section 11 of public act 05-251 for the fiscal year ending June 30, 2007, for contracted attorneys and associated administration expenses, shall be transferred to the Public Defender Services Commission for said years for contracted attorney services and associated administration expenses.
Sec. 48. Section 20-334d of the general statutes is amended by adding subsection (d) as follows (Effective from passage):

<< CT ST § 20-334d >>


(NEW) (d) Any plumber who has served an apprenticeship that included at least seven hundred hours of related classroom instruction shall be exempt from any continuing education requirement established pursuant to subsection (c) of this section.
Sec. 49. Section 29-6b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

<< CT ST § 29-6b >>


Each Not later than January 1, 2007, each vehicle purchased for use primarily as a patrol car by a state police officer shall be equipped with a manufacturer-installed fire suppression system. For purposes of this section, "fire suppression system" means a system that is integrated into the structure and electrical architecture of a vehicle and (1) uses sensors to measure post-impact vehicle movement to determine the optimal time to deploy chemicals designed to suppress the spread of fire or extinguish a fire resulting from a high-speed rear-end collision, and (2) may be activated both manually and automatically.
Sec. 50. (Effective from passage) Section 66 of public act 05-251 shall take effect from passage and be applicable to estates of decedents dying on or after January 1, 2005.
Sec. 51. Section 12-359 of the general statutes is amended by adding subsection (e) as follows (Effective from passage and applicable to estates of decedents dying on or after January 1, 2005):

<< CT ST § 12-359 >>


(NEW) (e) The provisions of this section shall not apply to estates of decedents dying on or after January 1, 2005.
Sec. 52. Section 12-364 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

<< CT ST § 12-364 >>


Any person shall, if the Commissioner of Revenue Services finds, upon evidence satisfactory to him, that a joint tenant of real property situated in this state has died and that the payment of any succession tax with respect to the interest of such deceased joint tenant in such real property is adequately assured, or that no succession tax will become due therefrom, be entitled to a certificate of release of lien reciting that the Commissioner of Revenue Services has released such real property from the operation of any lien for succession taxes with respect to the interest of such deceased joint tenant in such real property which shall be conclusive proof that such real property has been released from the operation of such lien. Such certificate of release of lien may be recorded in the office of the town clerk of the town in which such real property is situated. A finding by the commissioner that the payment of such tax is adequately assured shall be based upon the receipt by the commissioner of a bond or other security for an amount and with surety satisfactory to him, conditioned upon the full payment of all succession taxes with respect to the gross taxable estate of such deceased joint tenant or upon the payment to the commissioner of an amount satisfactory to him on account of such tax or upon the finding by the commissioner that an executor or administrator of the estate of such deceased joint tenant has been duly appointed in this state and that the official bond of such administrator or executor, or, if such administrator or executor is a corporation, its financial responsibility, furnishes adequate protection for the payment of all succession taxes. The commissioner may adopt regulations, in accordance with the provisions of chapter 54,[15] that prescribe the circumstances under which a judge of the probate court having jurisdiction of such estate is permitted to issue a certificate of release of lien, based on a finding by said judge that payment of any succession tax with respect to the interest of a deceased joint tenant in real property is adequately assured or that no succession tax will become due from such property. The provisions of this section shall not apply to estates of decedents dying on or after January 1, 2005.



Sec. 53. Section 12-366 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

<< CT ST § 12-366 >>


The tax herein imposed shall be a lien in favor of the state of Connecticut upon the real property so passing from the due date until paid, with the interest and costs that may accrue in addition thereto; provided such lien shall not be valid as against any lienor, mortgagee, judgment creditor or bona fide purchaser provided they have no notice, unless and until notice of such lien is filed or recorded in the town clerk's office or place where mortgages, liens and conveyances of such property are required by statute to be filed or recorded. The lien upon any real property transferred, or a portion thereof, may be discharged by the payment of such amount as tax thereon as the Commissioner of Revenue Services may specify or by the giving to the commissioner of a bond for such amount; or the commissioner, upon application by the fiduciary, may make an order transferring such lien to other real property of the estate or of the transferee, which order of transfer shall be recorded as above. Any person shall be entitled to a certificate that the tax upon the transfer of any real property has been paid, and such certificate may be recorded in the office of the town clerk of the town within which such real property is situated, and it shall be conclusive proof that the tax on the transfer of such real property has been paid and such lien discharged. The commissioner may adopt regulations in accordance with the provisions of chapter 54[16] that prescribe the circumstances under which a judge of the probate court having jurisdiction of an estate is permitted to discharge a lien by the payment of such amount as tax on such real property as the judge may specify. The provisions of this section shall not apply to estates of decedents dying on or after January 1, 2005.

Sec. 54. Subsections (a) and (b) of section 12-391 of the general statutes, as amended by section 69 of public act 05-251, are repealed and the following is substituted in lieu thereof (Effective from passage):

<< CT ST § 12-391 >>


(a) With respect to estates of decedents who die prior to January 1, 2005, and except as otherwise provided in section 59 of public act 03-1 of the June 30 special session, a tax is imposed upon the transfer of the estate of each person who at the time of death was a resident of this state. The amount of the tax shall be the amount of the federal credit allowable for estate, inheritance, legacy and succession taxes paid to any state or the District of Columbia under the provisions of the federal internal revenue code in force at the date of such decedent's death in respect to any property owned by such decedent or subject to such taxes as part of or in connection with the estate of such decedent. If real or tangible personal property of such decedent is located outside of this state and is subject to estate, inheritance, legacy, or succession taxes by any state or states, other than the state of Connecticut, or by the District of Columbia for which such federal credit is allowable, the amount of tax due under this section shall be reduced by the lesser of: (1) The amount of any such taxes paid to such other state or states or said district and allowed as a credit against the federal estate tax; or (2) an amount computed by multiplying such federal credit by a fraction, (A) the numerator of which is the value of that part of the decedent's gross estate over which such other state or states or said district have jurisdiction for estate tax purposes to the same extent to which this state would assert jurisdiction for estate tax purposes under this chapter with respect to the residents of such other state or states or said district, and (B) the denominator of which is the value of the decedent's gross estate. Property of a resident estate over which this state has jurisdiction for estate tax purposes includes real property situated in this state, tangible personal property having an actual situs in this state, and intangible personal property owned by the decedent, regardless of where it is located. The amount of any estate tax imposed under this subsection shall also be reduced, but not below zero, by the amount of any tax that is imposed under chapter 216[17] and that is actually paid to this state.
(b) With respect to the estates of decedents who die prior to January 1, 2005, and except as otherwise provided in section 59 of public act 03-1 of the June 30 special session, a tax is imposed upon the transfer of the estate of each person who at the time of death was a nonresident of this state, the amount of which shall be computed by multiplying (1) the federal credit allowable for estate, inheritance, legacy, and succession taxes paid to any state or states or the District of Columbia under the provisions of the federal internal revenue code in force at the date of such decedent's death in respect to any property owned by such decedent or subject to such taxes as a part of or in connection with the estate of such decedent by (2) a fraction, (A) the numerator of which is the value of that part of the decedent's gross estate over which this state has jurisdiction for estate tax purposes and (B) the denominator of which is the value of the decedent's gross estate. Property of a nonresident estate over which this state has jurisdiction for estate tax purposes includes real property situated in this state and tangible personal property having an actual situs in this state. The amount of any estate tax imposed under this subsection shall also be reduced, but not below zero, by the amount of any tax that is imposed under chapter 216 and that is actually paid to this state.


Sec. 55. Subdivision (3) of subsection (b) of section 12-392 of the general statutes, as amended by section 70 of public act 05-251, is repealed and the following is substituted in lieu thereof (Effective from passage):

<< CT ST § 12-392 >>


(3) (A) A tax return shall be filed, in the case of every decedent who died prior to January 1, 2005, and at the time of death was (i) a resident of this state, or (ii) a nonresident of this state whose gross estate includes any real property situated in this state or tangible personal property having an actual situs in this state, whenever the personal representative of the estate is required by the laws of the United States to file a federal estate tax return.
(B) A tax return shall be filed, in the case of every decedent who dies on or after January 1, 2005, and at the time of death was (i) a resident of this state, or (ii) a nonresident of this state whose gross estate includes any real property situated in this state or tangible personal property having an actual situs in this state. If the decedent's Connecticut taxable estate is over two million dollars, such tax return shall be filed with the Commissioner of Revenue Services and a copy of such return shall be filed with the court of probate for the district within which the decedent resided at the date of his or her death or, if the decedent died a nonresident of this state, the court of probate for the district within which such real property or tangible personal property is situated. If the decedent's Connecticut taxable estate is two million dollars or less, such return shall be filed with the court of probate for the district within which the decedent resided at the date of his or her death or, if the decedent died a nonresident of this state, the court of probate for the district within which such real property or tangible personal property is situated, and no such return shall be filed with the Commissioner of Revenue Services. The judge of probate for the district in which such return is filed shall review each such return and shall issue a written opinion to the estate representative in each case in which the judge determines that the estate is not subject to tax under this chapter.
(C) The duly authorized executor or administrator shall file the return. If there is more than one executor or administrator, the return shall be made jointly by all. If there is no executor or administrator appointed, qualified and acting, each person in actual or constructive possession of any property of the decedent is constituted an executor for purposes of the tax and shall make and file a return. If in any case the executor is unable to make a complete return as to any part of the gross estate, the executor shall provide all the information available to him with respect to such property, including a full description, and the name of every person holding a legal or beneficial interest in the property. If the executor is unable to make a return as to any property, each person holding a legal or equitable interest in such property shall, upon notice from the commissioner, make a return as to that part of the gross estate.
(D) On or before the last day of the month next succeeding each calendar quarter, and commencing with the calendar quarter ending September 30, 2005, each court of probate shall file with the commissioner a report for the calendar quarter in such form as the commissioner may prescribe. The report shall pertain to returns filed with the court of probate during the calendar quarter.
Sec. 56. Subdivision (1) of subsection (b) of section 45a-107 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage, and applicable to estates of decedents dying on or after January 1, 2005):

<< CT ST § 45a-107 >>


(1) The basis for costs shall be (A) the gross estate for succession tax purposes, as provided in section 12-349, the inventory, including all supplements thereto, or the Connecticut taxable estate, as defined in section 12-391, as amended by section 69 of public act 05-251, for estate tax purposes, as provided in chapters 217[18] and 218,[19]  whichever is greater, plus (B) all damages recovered for injuries resulting in death minus any hospital and medical expenses for treatment of such injuries resulting in death minus any hospital and medical expenses for treatment of such injuries that are not reimbursable by medical insurance and minus the attorney's fees and other costs and expenses of recovering such damages. Any portion of the basis for costs that is determined by property passing to the surviving spouse shall be reduced by fifty per cent. Except as provided in subdivision (3) of this subsection, in no case shall the minimum cost be less than twenty-five dollars.

Sec. 57. Subsection (e) of section 12-398 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

<< CT ST § 12-398 >>


(e) Any person shall be entitled to a certificate of release of lien with respect to the interest of the decedent in such real property, if either the court of probate for the district within which the decedent resided at the date of his death or, if the decedent died a nonresident of this state, for the district within which real estate or tangible personal property of the decedent is situated, or the Commissioner of Revenue Services finds, upon evidence satisfactory to said court or said commissioner, as the case may be, that payment of the tax imposed under this chapter with respect to the interest of the decedent in such real property is adequately assured, or that no tax imposed under this chapter is due. If the decedent's Connecticut taxable estate is two million dollars or less, the certificate of release of lien shall be issued by the court of probate. Such certificate may be recorded in the office of the town clerk of the town within which such real property is situated, and it shall be conclusive proof that such real property has been released from the operation of such lien. The commissioner may adopt regulations in accordance with the provisions of chapter 54[20] that establish procedures to be followed by a court of probate or by said commissioner, as the case may be, for issuing certificates of release of lien, and that establish the requirements and conditions that must be satisfied in order for a court of probate or for the commissioner, as the case may be, to find that the payment of such tax is adequately assured or that no tax imposed under this chapter is due.

Sec. 58. (NEW) (Effective from passage and applicable to taxable years commencing, gifts made, and estates of decedents dying on or after January 1, 2006) The provisions of chapters 217,[21] 228c[22] and 229[23] of the general statutes shall apply to parties to a civil union recognized under the laws of this state as if federal income tax law and federal estate and gift tax law recognized such a civil union in the same manner as Connecticut law.

Sec. 59. Section 88 of public act 05-251 is repealed and the following is substituted in lieu thereof (Effective September 1, 2005):
(a) Notwithstanding any provision of the general statutes, each insurer authorized to issue policies of liability insurance in the state shall, upon the filing of any claim for damages because of bodily injury or death for a resident of this state, provide notice of such claim to the Commissioner of Administrative Services for the purposes of identifying potential liabilities to the state that the commissioner is authorized to collect pursuant to the general statutes. The content of such notice and the manner of its transmission shall be determined by the department in consultation with the insurers, except that insurers may provide such required notification directly to the commissioner or through a central reporting organization to which the insurer subscribes.
(b) The state shall maintain, as confidential, any information obtained, collected, prepared or received pursuant to this section. The state shall not store or maintain any information provided pursuant to this section unless the state identifies the claimant as having a potential liability to the state. (c) The commissioner shall reimburse insurers or central reporting organizations, as applicable, for the reasonable documented costs, as determined by the commissioner, incurred for compliance with this section.
(d) Each insurer, its directors, agents, and employees and each central reporting organization, its agents and employees, authorized by an insurer to act on its behalf, that provide or attempt to provide data pursuant to the provisions of this section shall be immune from any liability under any law to any person or entity for any alleged or actual damages that occur as a result of providing or attempting to provide data pursuant to this section, provided said damages are not caused by intentional, wilful or wanton misconduct. Compliance with the requirements of this section shall not subject any insurer, its directors, agents, employees and insureds, or any central reporting organization, its agents and employees, authorized by an insurer to act on its behalf, to any claims brought pursuant to sections 38a-816, 38a-975 to 38a-999a, inclusive, or section 42-110b, or any penalty pursuant to section 38a-15.
(e) Information provided by or obtained from an insurer or the central reporting organization pursuant to this section shall not be subject to disclosure under section 1-210.
Sec. 60. Section 18-81r of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

<< CT ST § 18-81r >>


(a) For the purposes of this section, "ombudsman services" includes (1) the receipt of complaints by the ombudsman from inmates in the custody of the Department of Correction including inmates housed in other states, regarding decisions, actions and omissions, policies, procedures, rules and regulations of the department, (2) investigating such complaints, rendering a decision on the merits of each complaint and communicating the decision to the complainant, (3) recommending to the Commissioner of Correction a resolution of any complaint found to have merit, (4) recommending policy revisions to the department, and (5) publishing a quarterly report of all ombudsman services activities.
(b) The Department of Administrative Services shall contract for the provision of ombudsman services and shall annually report the name of the person or persons with whom he or she has so contracted to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Correction in accordance with the provisions of section 11-4a.
(c) Prior to any person in the custody of the Commissioner of Correction obtaining ombudsman services, such person shall have reasonably pursued a resolution of the complaint through any existing internal grievance or appellate procedures of the Department of Correction.
(d) All oral and written communications, and records relating thereto, between an inmate and the ombudsman or a member of the ombudsman's staff, including, but not limited to, the identity of a complainant, the details of a complaint and the investigative findings and conclusions of the ombudsman shall be confidential and shall not be disclosed without the consent of the inmate, except that the ombudsman may disclose without the consent of the inmate (1) such communications or records as may be necessary in order for the ombudsman to conduct an investigation and support any recommendations the ombudsman may make, or (2) the formal disposition of an inmate's complaint when requested in writing by a court hearing such inmate's application for a writ of habeas corpus that was filed subsequent to an adverse finding by the ombudsman on such inmate's complaint.
(e) Notwithstanding the provisions of subsection (d) of this section, whenever in the course of providing ombudsman services, the ombudsman or a member of the ombudsman's staff becomes aware of the commission or planned commission of a criminal act or a threat to the health and safety of any individual or the security of a correctional facility, the ombudsman shall notify the Commissioner of Correction or a facility administrator of such act or threat and the nature and target thereof.
(f) If the commissioner has a reasonable belief that an inmate has made or provided to the ombudsman an oral or written communication concerning a safety or security threat within the Department of Correction or directed against an employee of the department, the ombudsman shall provide to the commissioner all oral or written communications relevant to such threat.
Sec. 61. (Effective July 1, 2005) (a) The sum of $ 150,000 appropriated to the Office of Criminal Justice Policy and Planning, from the General Fund, for the fiscal year ending June 30, 2007, for Personal Services, shall be transferred to the Office of Policy and Management, for said fiscal year, for Personal Services.
(b) The sum of $ 32,000 appropriated to the Office of Criminal Justice Policy and Planning, from the General Fund, for the fiscal year ending June 30, 2007, for Other Expenses, shall be transferred to the Office of Policy and Management, for said fiscal year, for Other Expenses.
(c) The sum of $ 18,000 appropriated to the Office of Criminal Justice Policy and Planning, from the General Fund, for the fiscal year ending June 30, 2007, for Equipment, shall be transferred to the Office of Policy and Management, for said fiscal year, for Equipment.
Sec. 62. (Effective July 1, 2005) (a) The sum of $ 60,000 appropriated to the Military Department, for the fiscal year ending June 30, 2006, for Military Assistance, and the sum of $ 60,000 appropriated to the Military Department, for the fiscal year ending June 30, 2007, for Military Assistance, shall be transferred to the Department of Veterans' Affairs, for Personal Services, for said fiscal years, for the veterans' contact list and registry.
(b) The sum of $ 278,886 appropriated to the Department of Correction, for the fiscal year ending June 30, 2006, for correctional ombudsman services, and the sum of $ 286,137 appropriated to the Department of Correction, for the fiscal year ending June 30, 2007, for correctional ombudsman services, shall be transferred to the Department of Administrative Services, for Other Expenses, for said fiscal years, for correctional ombudsman services.
Sec. 63. (NEW) (Effective July 1, 2005) Any costs associated with administering the provisions of public act 05-228, including fringe benefit costs, shall be paid from the account established by section 6 of public act 05-228.
Sec. 64. Subdivision (2) of subsection (a) of section 10a-77a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

<< CT ST § 10a-77a >>


(2) (A) For each of the fiscal years ending June 30, 2000, to June 30, 2014 2006, inclusive, as part of the state contract with donors of endowment fund eligible gifts, the Department of Higher Education, in accordance with section 10a-8b, shall deposit in the Endowment Fund for the Community-Technical College System a grant in an amount equal to half of the total amount of endowment fund eligible gifts received by or for the benefit of the community-technical college system as a whole and each regional community-technical college for the calendar year ending the December thirty-first preceding the commencement of such fiscal year, as certified by the chairperson of the board of trustees by February fifteenth to (A) (i) the Secretary of the Office of Policy and Management, (B) (ii) the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, and (C) (iii) the Commissioner of Higher Education, provided such sums do not exceed the endowment fund state grant maximum commitment for the fiscal year in which the grant is made.
(B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, inclusive, as part of the state contract with donors of endowment fund eligible gifts, the Department of Higher Education, in accordance with section 10a-8b, shall deposit in the Endowment Fund for the Community-Technical College System a grant in an amount equal to one-quarter of the total amount of endowment fund eligible gifts received by or for the benefit of the community-technical college system as a whole and each regional community-technical college for the calendar year ending the December thirty-first preceding the commencement of such fiscal year, as certified by the chairperson of the board of trustees by February fifteenth to (i) the Secretary of the Office of Policy and Management, (ii) the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, and (iii) the Commissioner of Higher Education, provided such sums do not exceed the endowment fund state grant maximum commitment for the fiscal year in which the grant is made. Commitments by donors to make endowment fund eligible gifts for two or more years that meet the criteria set forth in this subdivision and that are made for the period prior to December 31, 2004, but ending before December 31, 2012, shall continue to be matched by the Department of Higher Education in an amount equal to one-half of the total amount of endowment fund eligible gifts received through the commitment.
(C) In any such fiscal year in which the total of the eligible gifts received by the community-technical colleges exceeds the endowment fund state grant maximum commitment for such fiscal year the amount in excess of such endowment fund state grant maximum commitment shall be carried forward and be eligible for a matching state grant in any succeeding fiscal year from the fiscal year ending June 30, 2000, to the fiscal year ending June 30, 2014, inclusive, subject to the endowment fund state grant maximum commitment. Any endowment fund eligible gifts that are not included in the total amount of endowment fund eligible gifts certified by the chairperson of the board of trustees pursuant to this subdivision may be carried forward and be eligible for a matching state grant in any succeeding fiscal year from the fiscal year ending June 30, 2000, to the fiscal year ending June 30, 2014, inclusive, subject to the endowment fund state matching grant commitment for such fiscal year.
Sec. 65. Subdivision (2) of subsection (b) of section 10a-109i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

<< CT ST § 10a-109i >>


(2) (A) For each of the fiscal years ending June 30, 1999, to June 30, 2014 2006, inclusive, as part of the state contract with donors of endowment fund eligible gifts, the Department of Higher Education, in accordance with section 10a-8b shall deposit in the endowment fund for the university a grant in an amount equal to half of the total amount of endowment fund eligible gifts, except as provided in this subparagraph, received by the university or for the benefit of the university for the calendar year ending the December thirty-first preceding the commencement of such fiscal year, as certified by the chairperson of the board of trustees by February fifteenth to (i) the Secretary of the Office of Policy and Management, (ii) the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, and (iii) the Commissioner of Higher Education, provided such sums do not exceed the endowment fund state grant maximum commitment for the fiscal year in which the grant is made. For the fiscal years ending June 30, 1999, and June 30, 2000, the Department of Higher Education shall deposit in the endowment fund for the university grants in total amounts which shall not exceed the endowment fund state grant, as defined in subdivision (7) of section 10a-109c of the general statutes, revision of 1958, revised to January 1, 1997, and which shall be equal to the amounts certified by the chairperson of the board of trustees for each such fiscal year of endowment fund eligible gifts received by the university or for the benefit of the university and for which written commitments were made prior to July 1, 1997. For the fiscal year ending June 30, 1999, the funds required to be deposited in the endowment fund pursuant to this subparagraph shall be appropriated to the university for such purpose and not appropriated to the fund established pursuant to section 10a-8b.
(B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, inclusive, as part of the state contract with donors of endowment fund eligible gifts, the Department of Higher Education, in accordance with section 10a-8b shall deposit in the endowment fund for the university a grant in an amount equal to one-quarter of the total amount of endowment fund eligible gifts, except as provided in this subdivision, received by the university or for the benefit of the university for the calendar year ending the December thirty-first preceding the commencement of such fiscal year, as certified by the chairperson of the board of trustees by February fifteenth to (i) the Secretary of the Office of Policy and Management, (ii) the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, and (iii) the Commissioner of Higher Education, provided such sums do not exceed the endowment fund state grant maximum commitment for the fiscal year in which the grant is made. Commitments by donors to make endowment fund eligible gifts for two or more years that meet the criteria set forth in this subdivision and that are made for the period prior to December 31, 2004, but ending before December 31, 2012, shall continue to be matched by the Department of Higher Education in an amount equal to one-half of the total amount of endowment fund eligible gifts received through the commitment.
(C) In any such fiscal year in which the eligible gifts received by the university exceed the endowment fund state grant maximum commitment for such fiscal year the amount in excess of such endowment fund state grant maximum commitment for such fiscal year, shall be carried forward and be eligible for a matching state grant in any succeeding fiscal year from the fiscal year ending June 30, 1999, to the fiscal year ending June 30, 2014, inclusive, subject to the endowment fund state grant maximum commitment for such fiscal year. Any endowment fund eligible gifts that are not included in the total amount of endowment fund eligible gifts certified by the chairperson of the board of trustees pursuant to this subparagraph may be carried forward and be eligible for a matching state grant in any succeeding fiscal year from the fiscal year ending June 30, 2000, to the fiscal year ending June 30, 2014, inclusive, subject to the endowment fund state matching grant maximum commitment for such fiscal year.
Sec. 66. Subdivision (2) of subsection (a) of section 10a-143a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

<< CT ST § 10a-143a >>


(2) (A) For each of the fiscal years ending June 30, 2000, to June 30, 2014 2006, inclusive, as part of the state contract with donors of endowment fund eligible gifts, the Department of Higher Education, in accordance with section 10a-8b, shall deposit in the Endowment Fund for Charter Oak State College a grant in an amount equal to half of the total amount of endowment fund eligible gifts received by or for the benefit of Charter Oak State College for the calendar year ending the December thirty-first preceding the commencement of such fiscal year, as certified by the chairperson of the Board for State Academic Awards by February fifteenth to (A) (i) the Secretary of the Office of Policy and Management, (B) (ii) the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, and (C) (iii) the Commissioner of Higher Education, provided such sums do not exceed the endowment fund state grant maximum commitment for the fiscal year in which the grant is made.
(B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, inclusive, as part of the state contract with donors of endowment fund eligible gifts, the Department of Higher Education, in accordance with section 10a-8b, shall deposit in the Endowment Fund for Charter Oak State College a grant in an amount equal to one-quarter of the total amount of endowment fund eligible gifts received by or for the benefit of Charter Oak State College for the calendar year ending the December thirty-first preceding the commencement of such fiscal year, as certified by the chairperson of the Board for State Academic Awards by February fifteenth to (i) the Secretary of the Office of Policy and Management, (ii) the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, and (iii) the Commissioner of Higher Education, provided such sums do not exceed the endowment fund state grant maximum commitment for the fiscal year in which the grant is made. Commitments by donors to make endowment fund eligible gifts for two or more years that meet the criteria set forth in this subdivision and that are made for the period prior to December 31, 2004, but ending before December 31, 2012, shall continue to be matched by the Department of Higher Education in an amount equal to one-half of the total amount of endowment fund eligible gifts received through the commitment.
(C) In any such fiscal year in which the total of the eligible gifts received by Charter Oak State College exceeds the endowment fund state grant maximum commitment for such fiscal year the amount in excess of such endowment fund state grant maximum commitment shall be carried forward and be eligible for a matching state grant in any succeeding fiscal year from the fiscal year ending June 30, 2000, to the fiscal year ending June 30, 2014, inclusive, subject to the endowment fund state grant maximum commitment. Any endowment fund eligible gifts that are not included in the total amount of endowment fund eligible gifts certified by the chairperson of the Board for State Academic Awards pursuant to this subdivision may be carried forward and be eligible for a matching state grant in any succeeding fiscal year from the fiscal year ending June 30, 2000, to the fiscal year ending June 30, 2014, inclusive, subject to the endowment fund state matching grant maximum commitment for such fiscal year.
Sec. 67. Subdivision (2) of subsection (a) of section 10a-99a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2005):

<< CT ST § 10a-99a >>


(2) (A) For each of the fiscal years ending June 30, 2000, to June 30, 2014 2006, inclusive, as part of the state contract with donors of endowment fund eligible gifts, the Department of Higher Education, in accordance with section 10a-8b, shall deposit in the Endowment Fund for the Connecticut State University System a grant in an amount equal to half of the total amount of endowment fund eligible gifts received by or for the benefit of the Connecticut State University system as a whole and each state university for the calendar year ending the December thirty-first preceding the commencement of such fiscal year, as certified by the chairperson of the board of trustees by February fifteenth to (A) (i) the Secretary of the Office of Policy and Management, (B) (ii) the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, and (C) (iii) the Commissioner of Higher Education, provided such sums do not exceed the endowment fund state grant maximum commitment for the fiscal year in which the grant is made.
(B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, inclusive, as part of the state contract with donors of endowment fund eligible gifts, the Department of Higher Education, in accordance with section 10a-8b, shall deposit in the Endowment Fund for the Connecticut State University System a grant in an amount equal to one-quarter of the total amount of endowment fund eligible gifts received by or for the benefit of the Connecticut State  

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[1] C.G.S.A. § 4-166 et seq.

[2] C.G.S.A. § 12-700 et seq.

 

[3] C.G.S.A. § 4-166 et seq.

[4] C.G.S.A. § 4-166 et seq.

[5] 42 U.S.C.A. § 1103.

[6] C.G.S.A. § 4-166 et seq.

[7] C.G.S.A. § 51-217 et seq.

[8] C.G.S.A. § 2-89 et seq.

[9] C.G.S.A. § 12-285 et seq.

 

[10] C.G.S.A. § 12-330a et seq.

[11] C.G.S.A. § 4-166 et seq.

[12] C.G.S.A. § 12-583 et seq.

 

[13] C.G.S.A. § 12-800 et seq.

[14] C.G.S.A. § 1-120 et seq.

[15] C.G.S.A. § 4-166 et seq.

[16] C.G.S.A. § 4-166 et seq.

[17] C.G.S.A. § 12-340 et seq.

 

[18] C.G.S.A. § 12-391 et seq.

 

[19] C.G.S.A. § 12-400 et seq.

[20] C.G.S.A. § 4-166 et seq.

[21] C.G.S.A. § 12-391 et seq.

[22] C.G.S.A. § 12-640 et seq.

[23] C.G.S.A. § 12-700 et seq.