Summary of 2003 Public Acts Part II of II

ACT, n. Denotes Affirmative; expression of purpose, will; carries idea of performance; a deed; exercise of power. A written law, formally ordained or passed by the legislative power of a state, called in the United States an “act of legislature,” or “congress”; a statute.

SUMMARY OF 2003 PUBLIC ACTS PART II OF II

Connecticut General Assembly

OFFICE OF LEGISLATIVE RESEARCH LEGISLATIVE OFFICE BUILDING ROOM 5300 HARTFORD, CT 06106

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413

OFFICE OF LEGISLATIVE RESEARCH

Mary M. Janicki, Director Christopher Reinhart, Project Manager John Moran, Assistant Project Manager Tracey Jones-Otero, Project Coordinator

Research Staff

Robin Cohen George Coppolo Daniel J. Duffy James J. Fazzalaro Paul Frisman Jennifer Gelb Jerome Harleston Joseph Holstead Mary M. Janicki John Kasprak Judith S. Lohman Kevin E. McCarthy John Moran Helga Niesz Susan Price-Livingston John G. Rappa Christopher Reinhart Veronica Rose Saul Spigel

Library Staff

Jennifer Bernier Elizabeth Covey Susan Southworth

Support Staff

Evelyn Huertas Nancy Ojakian Ryan O’Neil Tangy Stroman

2003 OLR PA Summary Part II 414

TABLE OF CONTENTS

Notice to Users...... 415

Table on Penalties ...... 416

Table of 2003 Regular Session Acts Altered by 2003 Special Session Acts...... 417

2003 June 30 Special Session ...... 419

2003 September 8 Special Session ...... 505

Vetoed Public Acts...... 511

Index by Subject...... 513

Index by Public Act Number ...... 565

2003 OLR PA Summary Book Part II 415

NOTICE TO USERS

This publication, Summary of 2003 Public Acts, Part II, summarizes all public acts passed by the June 30, 2003 Special Session and the September 8, 2003 Special Session of the Connecticut General Assembly. Special acts are not summarized. The acts from the 2003 Regular Session are summarized in a separate publication, Part I. It is important to note that special session acts changed provisions in regular session acts. A table on page 417 lists the regular session acts altered by 2003 special session acts.

Use of this Book

The Office of Legislative Research encourages dissemination of this material by photocopying, reprinting in newspapers (either verbatim or edited), or by other means. Please credit the Office of Legislative Research when republishing the summaries. The office strongly discourages using the summaries as a substitute for the public acts. The summaries are meant to be handy reference tools, not substitutes for the text. The public acts are available in public libraries and can be purchased from the secretary of the state. They are also available online from The Connecticut General Assembly’s Website (http://www.cga.state.ct.us).

Organization of the Book

Summaries are arranged in order by public act number. A table on penalties, appearing on the next page, describes the fines and prison sentences for various types of offenses. In the back of the volume is a list of vetoed acts and a list of acts by public act number.

2003 OLR PA Summary Part II 416

TABLE ON PENALTIES

Crimes the bureau will enter a nolo contendere (no contest) plea on behalf of anyone who pays a fine in this way. The law authorizes courts to impose fines, The plea is inadmissible in any criminal or civil court imprisonment, or both when sentencing a convicted proceeding against the accused. criminal. They must specify the period of incarceration for anyone so sentenced. The prison Infractions terms below represent the range within which a judge must set the sentence. The judge also sets the exact Infractions are punishable by fines, usually set amount of a fine, up to the established limits listed by Superior Court judges, of between $35 and $90, below. Some crimes have a mandatory minimum plus an additional fee based on the amount of the fine sentence or a minimum sentence higher than the and a $20 or $35 surcharge. In some instances, there minimum term specified in the table. Repeated can be an additional $15 cost. In addition, certain offenses may result in a higher maximum than motor vehicle infractions are subject to a specified here. Transportation Fund surcharge of 50% of the fine. Finally, certain infractions committed in designated Classification construction, utility work, and school zones or when of Crime Imprisonment Fine a driver fails to yield to a bicyclist have additional fees equal to 100% of the basic infraction fine. This Capital felony execution or life — means some violators could have to pay $376, Class A felony (murder) 25 to 60 years up to $20,000 Class A felony 10 to 25 years up to 20,000 although most have to pay less than that and many Class B felony 1 to 20 years up to 15,000 pay less than $100. Parking tickets and seat belt Class C felony 1 to 10 years up to 10,000 violations can be less than $35. An infraction is not a Class D felony 1 to 5 years up to 5,000 crime; thus, violators do not have criminal records Class A misdemeanor up to 1 year up to 2,000 Class B misdemeanor up to 6 months up to 1,000 and can pay the fine by mail without making a court Class C misdemeanor up to 3 months up to 500 appearance.

Violations Larceny

CGS § 53a-43 of the Penal Code authorizes the There are six different classifications of larceny, Superior Court to fix fines for violations up to a generally depending on the value of the property maximum of $500 unless the amount of the fine is illegally obtained. specified in the statute establishing the violation. CGS § 54-195 on criminal procedure requires the Degree of Amount of court to impose a fine of up to $100 on anyone Larceny Property Involved Classification convicted of violating any statute without a specified penalty. First Degree Over $10,000 Class B felony A violation is not a crime; thus a violator does Second Degree Over 5,000 Class C felony not have a criminal record. Most statutory violations Third Degree Over 1,000 Class D felony Fourth Degree Over 500 Class A misdemeanor are subject to Infractions Bureau procedures which Fifth Degree Over 250 Class B misdemeanor allow the accused to pay the fine by mail without Sixth Degree $250 or less Class C misdemeanor making a court appearance. As with an infraction,

2003 OLR PA Summary Book Part II 417

REGULAR SESSION ACTS ALTERED BY 2003 SPECIAL SESSION ACTS

This table shows the regular session acts contained in Part I that were later altered by special session acts. The special session summaries, including the changes to the earlier acts, are available in this book, Part II.

Regular Session Act Altered By Special Session Act PA 03-2 JSS PA 03-1, § 141 PA 03-2 JSS PA 03-1, § 95-97 PA 03-2 JSS PA 03-1, § 98 PA 03-2 JSS PA 03-3, § 50 PA 03-2 JSS PA 03-3, § 52 PA 03-2 JSS PA 03-3, § 58 PA 03-2 JSS PA 03-3, § 63 PA 03-2 JSS PA 03-3, § 83 PA 03-2 JSS PA 03-3, § 84 PA 03-2 JSS PA 03-6 §§ 197-198 PA 03-2 JSS PA 03-6 § 202 PA 03-2 JSS PA 03-6 § 206 PA 03-18 JSS PA 03-6, § 175 PA 03-19 JSS PA 03-3, § 50 PA 03-45 JSS PA 03-3, § 33 PA 03-118 JSS PA 03-3, § 20 PA 03-147 JSS PA 03-6, § 76 PA 03-168 JSS PA 03-6, § 33 PA 03-171 JSS PA 03-3, § 94 PA 03-192 JSS PA 03-6, § 242 PA 03-268 JSS PA 03-3, § 63 JSS-June 30 Special Session

2003 JUNE 30 SPECIAL SESSION 419

PA 03-1, June 30 Special Session—HB 6802 7,17 Insurance Fund 19,657,754 19,552,499 Emergency Certification 8,18 Consumer 19,342,341 19,171,466 Counsel & Public Utility AN ACT CONCERNING EXPENDITURES Control Fund AND REVENUE FOR THE BIENNIUM 9,19 Workers’ 22,435,338 22,807,794 ENDING JUNE 30, 2005 Compensation Fund 10,20 Criminal Injuries 1,425,000 1,425,000 SUMMARY: This act appropriates money for Compensation state agencies and programs and estimates state Fund revenues for FYs 2004 and 2005. It directs funds to be transferred and spent for specified REVENUE ESTIMATES (§§ 121-140) purposes, caps certain expenditures and hiring, and carries forward certain unspent The act contains estimated revenues for FYs appropriations from prior years for specified 2004 and 2005 for each state fund shown in purposes in FYs 2004 and 2005. Table 2. The act increases various taxes, reduces and limits tax credits, cancels and delays scheduled Table 2: Revenue Estimates for FYs 2004 and 2005 Estimated Revenue tax reductions, and reduces and eliminates tax §§ Fund FY 2003- 04 FY 2004-05 exemptions. It requires out-of-state vendors with 226,236 General Fund $12,484,800,000 $13,098,700,000 no tax nexus in Connecticut, but who sell 227,237 Special 926,400,000 941,300,000 Transportation supplies to the state, to collect and remit use Fund taxes on all their sales of tangible personal 228,238 Mashantucket 100,000,000 100,000,000 property in Connecticut. It transfers money from Pequot & Mohegan Fund various special and off-budget funds to the 229,239 Soldiers’, 3,500,000 3,500,000 General Fund, earmarks revenues for specific Sailors’, and Marines’ Fund functions and programs, and adjusts revenue 230,240 Regional Market 1,000,000 1,000,000 transfers to and from various state funds. Operation Fund The act also permanently eliminates the 231,241 Banking Fund 15,200,000 15,300,000 232,242 Insurance Fund 19,700,000 19,700,000 sales and use tax on hospital patient care Consumer services, expands hours during which liquor may Counsel & Public Utility Control be sold, increases various fees, and establishes 233.243 Fund 19.900.000 19.900.000 new rules and timetables for the state to take 234,244 Workers’ 22,900,000 22,900,000 custody of abandoned property. Compensation Fund EFFECTIVE DATE: Upon passage, unless 235,245 Criminal Injuries 1,500,000 1,500,000 otherwise noted below. Compensation Fund APPROPRIATIONS (§§ 1-20) FUNDING AND EXPENDITURE The act appropriates money for state DIRECTIVES agencies and programs for FYs 2004 and 2005. Annual appropriations totals for each state fund Transfers To Maximize Federal Funds (§ 21) are shown in Table 1. The act allows the governor, with the Table 1: FYs 2004 and 2005 Appropriations By Fund Finance Advisory Committee’s (FAC) approval, Appropriation to transfer all or part of an agency’s General §§ Fund FY 2004 FY 2005 Fund appropriation, at its request, to another 1,11 General Fund $12,444,854,545 $12,959,785,632 agency to take advantage of federal matching 2,12 Special 897,565,193 921,676,360 Transportation funds, as long as both agencies certify that the Fund receiving agency will spend the money for the 3,13 Mashantucket 85,000,000 85,000,000 original purpose. Federal funds generated from Pequot & transfers can be used to reimburse General Fund Mohegan Fund spending, expand services, or both as the 4,14 Soldiers’, 3,460,895 3,485,723 Sailors’, and governor, with FAC approval, determines. Marines’ Fund 5,15 Regional Market 940,855 963,467 Operation Fund 6,16 Banking Fund 15,134,757 15,186,508

2003 PA Summary Book Part II 420 2003 JUNE 30 SPECIAL SESSION

Expenditure Reduction Requirements (§§ 22, 23) Department of Administrative Services Positions (§ 30) The act requires the Office of Policy and Management (OPM) secretary to reduce The act limits the number of positions the spending for personal services and other Department of Administrative Services may fill expenses by $14 million and $11 million, from the General Services Revolving Fund to respectively, in each fiscal year of the biennium. 124.

Transfers to Reserve for Salary Adjustments (§ Information Technology Positions (§ 31(a)) 25) To consolidate information technology The act allows the governor to recommend, positions within the Department of Information and the FAC to approve, transfers of FY 2004 Technology (DOIT), the act allows the governor, and FY 2005 General and Special Transportation with FAC approval, to make extra rescissions, Fund appropriations for personal services to the revise the number of positions an agency may fill reserve for salary adjustments account to more during FYs 2004 and 2005, and transfer funds accurately reflect the impact of collective and positions to DOIT. bargaining and related costs. The governor can make transfers from the reserve and add amounts Birth-to-Three Program (§ 36) from special funds as needed to implement salary increases; other employee benefits; costs, For FYs 2004 and 2005, the act requires the including accrual payments, related to staff State Department of Education to transfer $1 reductions; agency personal services reductions; million annually of the federal special education or other personal services adjustments this act or funds it receives to the Department of Mental any other law authorizes. Retardation for the Birth-to-Three Program to carry out special education-related requirements Funding Reallocations consistent with federal law.

The act carries forward appropriations from Department of Social Services (DSS) prior years and transfers them to other purposes Disproportionate Share (DSH) Payments to for FY 2004 as shown in Table 3. DMHAS Hospitals (§ 37(a))

Table 3: Funding Reallocations for FY 2004 The act requires DSS to spend money § Agency Original Purpose Transferred For Amount To appropriated to it for Department of Mental 28(d) OPM PILOT New Capital City Adriaen’s Up to $4.2 Manufacturing Economic Landing million Health and Addiction Services Machinery and Development Convention Equipment Grant Account Center (DMHAS)/Medicaid Disproportionate Share 28(e) OPM Local Aid Department Home for Up to $250,000 Adjustment Grant of Social the Brave payments only when, and in the amounts, OPM Services, (veterans’ Housing and housing) specifies. DSS must make payments to DMHAS Homeless Services hospitals for operating expenses and related account 28(f) OPM Drug Enforcement Justice Grant to Up to fringe benefits. Hospitals must reimburse the Program Assistance Hartford $1,000,000 Payments to Local Grant Police comptroller from the fringe benefit payments and Governments Department for deposit all the other funds to “grants – other than community policing federal accounts.” Unspent DSH funds in the 28(g) OPM Local Aid Office of Spanish Up to $200,000 Adjustment Grant Workforce American “grants” account must lapse at the end of each Competive- Merchants’ ness – Association fiscal year. Connecticut Employment & Training Commission Teachers’ Retirement Fund (§ 38) Workforce Account 28(j) OPM PILOT New Nutmeg State Up to $100,000 Manufacturing Games Games of The act requires the state to contribute Machinery and America Equipment Grant $185.3 million per year rather than the 33(b) Labor Personal Services Opportunity Grants of Up to $200,000 Depart- Industrial $100,000 actuarially recommended amounts to the ment Centers each to (OICs) Bridgeport Teachers Retirement System in FYs 2004 and and Waterbury 2005. OICs

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 421

Department of Higher Education (§ 39) equipment bond funds, funds Connecticut 3,100,000 for identified systemwide State University projects benefiting individual Despite statutory restrictions on such campuses, and data center funds spending, the act allows the Department of Institutional administration Community- 22,000,000 Higher Education (DHE) to spend $206,000 in spending (system office, Technical FY 2004 and $216,000 in FY 2005 from the executive management, fiscal Colleges operations, and general Connecticut 20,100,000 private occupational school student protection administration but not logistical State University account. It also earmarks $100,000 of the services, administrative UConn 13,700,000 DHE’s FY 2004 and FY 2005 Minority computing, and development)

Advancement Program appropriations for the The act requires the higher education Saturday Academy. commissioner to monitor compliance with the

limits and report her findings to the Education Department of Transportation (§ 42(a) & (b)) and Appropriations committees within 60 days

after the end of each quarter of FYs 2004 and The act carries forward the unspent balance 2005. of prior years’ appropriations for the

Transportation Strategy Board to FYs 2004 and Community Justice Centers (§ 54) 2005, but it requires OPM to use up to $640,000 of the money in FY 2004 to fund statutorily The act requires $2 million of the required grants-in-aid for regional planning Department of Correction’s FY 2005 personal agencies. services appropriation to be used for community

justice centers during FY 2005. Commercial Recording Account (§ 44)

Commission on Racial and Ethnic Disparity (§ During FY 2004, the act requires the 56) commercial recording account to pay up to

$617,000 of the secretary of the state’s costs for For FYs 2004 and 2005, the act allocates other expenses for the computerized voter $50,000 per year to the Commission on Racial registration system. For FYs 2004 and 2005, the and Ethnic Disparity from the Judicial act also requires the account to pay for five Department’s other expenses appropriation. positions in the Secretary of the State’s Office, three of which are for voter registration. Pre-Trial Alcohol and Substance Abuse Program

(§ 63) University of Connecticut (§46(h))

The act makes up to $250,000 of the FY 2003 For FY 2004, the act earmarks $50,000 from appropriation for the Pre-Trial Alcohol and UConn’s block grant to fund the Veterinary Substance Abuse Program available for regional Diagnostic Lab. action councils during FY 2004.

Higher Education Constituent Unit Department of Public Safety Administrative Spending Caps (§ 48)

The act requires up to $750,000 of the The act caps certain administrative spending Department of Public Safety’s FY 2003 by higher constituent units for FYs 2004 and appropriation to be carried-forward to FY 2004 2005 as shown in Table 4. (These caps are and used to match and acquire federal homeland revised in PA 03-6, June 30 Special Session.) security funding for overtime costs for The spending limits apply to General Fund community policing and homeland security appropriations and operating fund spending and efforts. exclude federal, private, capital bond, and fringe benefit funds. PRIOR APPROPRIATIONS CARRIED

Table 4: Higher Education Spending Limits FORWARD Spending Function Unit Limits for FYs The act authorizes various unspent balances 04 & 05 System office spending Community- $3,100,000 from prior years’ appropriations to be carried excluding telecommunication Technical forward and used for the same purpose in FY center funds, capital Colleges

2003 PA Summary Book Part II 422 2003 JUNE 30 SPECIAL SESSION

2004 or in both FY 2004 and 2005, rather than Bonus 2001 Account appropriation lapsing at the end of FY 2003 or FY 2004. and any funds Table 5: Funds Carried Forward transferred § Agency Purpose Amount To to the 26 OPM Collective Unspent 2004, account with bargaining balance 2005 FAC agreements approval and related 37(d) Department of Data Unspent 2004 costs Social Services Warehouse balance 2005 27 Comptroller Core Unspent 2004 Project Financial balance 37(e) Department of Child Care Up to 2004 Systems & Social Services Management $850,000 State Information Employees System Retirement 37(f) Department of Geriatric Unspent 2004 System data Social Services Assessment balance base 37(g) Department of Community Unspent 2004 28(a) OPM Funding Unspent 2004, Social Services Services balance interlocal balance 2005 39(c) Department of National Up to 2004 agreements Higher Service Act $85,000 signed before Education June 30, 40(a) Department of Inmate Unspent 2004 2001 Correction medical balance 28(b) OPM , which Litigation- Unspent 2004, services may transfer settlement balance 2005 40(b) Department of Inmate Unspent 2004, money to other costs Correction tracking balance 2005 state agencies system that need it for 41(a) Department of Commercial Unspent 2004, that purpose Motor Vehicles Vehicle balance 2005 28(c) OPM Justice Up to 2004 Information Assistance $400,000 Systems and Grants Networks 28(h) OPM Relocate Unspent 2004 project Hartford city balance 41(b) Department of Upgrading Unspent 2004, offices Motor Vehicles registration balance of 2005 28(i) OPM Other Up to 2004 and driver funds Expenses – $150,000 2005 license data appropriated actuarial processing for services systems converting to 29(a) Office of Connecticut Up to $ 1 2004 fully Workforce Employment million reflective Competitiveness and Training license Commission - plates Workforce 42(c) Department of Highway Unspent 2004, 29(b) Office of Jobs Funnel Unexpended 2004 Transportation planning and balance 2005 Workforce projects balance research Competitiveness 43(a) Department of Priority Unspent 2004, 31(b), (c) DOIT and other Health Unspent 2004 Education school balance 2005 agencies to Insurance balance districts which DOIT may Portability 43(b) Department of School Unspent 2004 transfer funds and Education construction balance Accountability grants Act 43(c) Board of Educational Unspent 2004 32 Police Officer Training at Unspent 2004 Education and aid for blind balance Standards and satellite balance Services for the and visually Training Council academies Blind handicapped 33(a) Labor Welfare-to- Unspent 2004 children Department Work Grant balance 53 Department of Hospital Unspent 2004 Program Administrative billing system balance 33(c) Labor Workforce Unspent 2004, Services development Department Investment balance 2005 55(a) Banking Equipment Up to 2004 Act Department $250,000 34 Department of Children’s Unspent 2004 55(b) Insurance Other Up to 2004 Public Health Health balance Department Expenses $300,000 Initiatives, 62 Department of Other Up to 2004 expand “Easy Revenue Expenses $200,000 2005 Breathing” Services Asthma Initiative 35(a) Office of Other Unspent 2004 TRANSFERS TO THE GENERAL FUND (§§ Medical expenses balance 46, 47) Examiner 35(b) Office of Equipment Unspent 2004 Medical balance For FYs 2004 and 2005, the act transfers Examiner money from various special funds and quasi- 37(b), (c) Department of Work Unspent 2004 Social Services Performance balance of public authorities to the General Fund as shown

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 423 in Table 6. public policy events. It requires the Department of Revenue Services (DRS) commissioner to Table 6: Transfers to the General Fund deposit the money with the treasurer, who must Annual make it available to the Office of Legislative Transfer From Amounts Management for CTN. Tobacco and Health Trust Fund $12,000,000 Connecticut Development Authority 10,000,000 Transportation Strategy Board Projects Account Connecticut Innovations, Inc. 5,000,000 (§§ 113, 114) Connecticut Housing Finance 2,500,000 Authority The act creates the Transportation Strategy Biomedical Research Trust Fund 2,000,000 Board (TSB) Projects Account as a nonlapsing account in the STF. For FY 2004, it allocates to In addition, the act (1) transfers $5 million the account $5 million of the revenue from the of the Banking Fund’s nonassessment funds to increase in Department of Motor Vehicle (DMV) the General Fund for FY 2004 and (2) directs fees for specified copies, abstracts, duplicates, any money the state receives from the legal replacements, and searches (see §117 below) and action known as the “Wall Street Settlement” to for FY 2005 and subsequent years, half of the be deposited in the General Fund. revenue increase. The revenue must be used to The act also eliminates a requirement that fund the TSB and its projects. the $1 million per month that must, by law, be The act also transfers the following amounts transferred to the General Fund from electric from the STF to the TSB Projects Account: (1) utilities’ energy conservation and load $10 million for FY 2004, (2) $5 million for FY management funds until July 2005 go to a 2005, and (3) $5 million on July 1, 2005. nonlapsing General Fund account to pay for state agencies’ electricity costs and conservation Conservation Fund (§ 118) projects. Instead, the act makes the money an unrestricted part of the General Fund. (This For FYs 2004 and 2005, the act maintains at change was repealed by PA 03-6, June 30 $2 million the amount of tax revenue generated Special Session and then restored by PA 03-1, from the sale of motor fuel by distributors to September 8 Special Session.) boatyards, marinas, and other such facilities the DRS commissioner must transfer to the REVENUE EARMARKS Conservation Fund. The amount was scheduled to increase to $3 million for FY 2004 and Emergency Spill Response Account (§ 45) subsequent years. The act also maintains the $1 million For FYs 2004 and 2005, the act requires the allocation from the fund to the fisheries account comptroller to deposit $10.5 million of annual for FYs 2004 and 2005 instead of increasing it to petroleum products gross earnings tax revenues $2 million annually as scheduled. Finally, for into the Department of Environmental FYs 2004 and 2005, the act continues the Protection’s Emergency Spill Response Account. $250,000 annual allocation from the Conservation Fund to the boating account and Special Transportation Fund (§ 65) the $75,000 minimum annual allocation from the fisheries account to UConn for the Long Island The act reduces quarterly revenue Sound Councils. allocations to the Special Transportation Fund (STF) from the petroleum products gross Funding For Arts, Culture, And Tourism (§ 85) earnings tax on motor fuel from $5.25 million to $2.625 million in FY 2004 and $3.25 million in For FYs 2004 and 2005, the act allocates FY 2005. $20 million annually from hotel occupancy tax revenues to the Department of Economic and Connecticut Television Network (§ 106) Community Development (DECD) for arts, culture, and tourism. (This provision was revised The act earmarks $2 million per year in in PA 03-6, June 30 Special Session.) cable TV company gross earnings tax revenues for the Connecticut Television Network’s (CTN) coverage of state government deliberations and

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Tourism Account (§§ 107-112, 141) the 2003 Early Retirement Incentive Program (ERIP). It allows the units to retain 50% of the The act eliminates the Tourism Account and savings attributable to the ERIP but requires transfers the following revenue earmarked for them to (1) reallocate at least 10% of faculty the account to the General Fund: vacancies from the ERIP to programs in critical 1. a $1-per-day surcharge on the cost of workforce areas identified by the Office of renting a car for 30 days or less, Workforce Competitiveness, in consultation with 2. payments the state receives from the departments of Higher Education, Education, tourism advertising or products, and and Labor, including teacher shortage areas and 3. any revenue generated from the request nursing; (2) submit a reallocation plan to the for proposals process for electronic Higher Education and Employment information systems at state welcome Advancement Committee by January 1, 2004; centers. and (3) report to the committee on the impact of It also eliminates diversion of hotel tax the reallocations on enrollment in shortage fields revenue to tourism districts and other special by October 1, 2004. purposes (such as the Historical Commission and Arts Trail), as well as the formula for Legislative Commissions (§ 52) distributing this revenue. It eliminates the mandatory grant to tourism districts that receive The act bars legislative commissions from less than $100,000 per year from the hotel tax filling vacancies during FYs 2004 and 2005 diversion and an obsolete statute. (PA 03-6, June unless the Legislative Management Committee 30 Special Session, substantially revises the considers it critical to the commission’s administrative structure and funding of the operations. state’s tourism activities.) GOVERNOR’S BUDGET RESCISSION Judicial Fee Increases Allocated To The General AUTHORITY Fund (§ 141) Collective Bargaining Savings (§ 24) The act repeals a provision of PA 03-2 that credited all revenue from specified court fees and The act allows the governor, with FAC attorney taxes established or increased on or after approval, to modify or reduce funding allotments that act’s effective date, up to a maximum of from FY 2004 and FY 2005 appropriations to $1.5 million in FY 2003 and $4.9 million achieve collective bargaining savings required by annually thereafter, to the Judicial Department’s the act, any other public or special act, or any other expense account. Thus, the act makes collective bargaining agreement. those revenues an unrestricted part of the General Fund. Extraordinary Rescission Authority (§ 60)

FILLING STATE EMPLOYEE POSITIONS The act authorizes the governor to make up to $55 million in deeper-than-normal rescissions All State Agencies (§ 49) in FY 2005 budget appropriations on or after October 1, 2004, but only if the state fails to Unless the governor recommends it and the receive a minimum level of federal assistance for FAC approves, the act limits the number of FY 2005 (see § 61 below). positions state agencies, other than higher The governor’s rescission authority is education constituent units, may fill to the ordinarily limited to 3% of the total number recommended by the Appropriations appropriations from any fund or 5% of any Committee as revised by the full General appropriation. He can exercise the authority Assembly and set out in the Office of Fiscal when he determines that (1) circumstances have Analysis report on the state budget. changed since the budget was adopted or (2) there are not enough estimated resources to fund Higher Education Constituent Units (§§ 50, 51) all appropriations. This act allows him to reduce total FY 2005 budget appropriations from any For FYs 2004 and 2005, the act allows fund by up to an extra 5% (or a maximum of higher education constituent units to fill up to 8%) and to reduce any FY 2005 appropriation by 100% of the faculty positions vacated because of up to an extra 5% (or a maximum of 10%). The

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 425 limits in the law and the act do not apply during commissioner, and legislative leaders. wars, invasions, or natural disasters. Depending on the amount certified, the act first The governor can exercise this extraordinary reduces or eliminates the governor’s authority if he determines (1) there is either a extraordinary rescission authority for FY 2005 fiscal exigency related to the budget or there are (see § 60 above) and second, eliminates a special not enough estimated resources to fund all estate tax (see § 59 below). appropriations and (2) his ordinary rescission If the certified amount of federal aid the state authority will not be enough to deal with the is to receive is at least $110 million, the act exigency or shortfall. For budget reductions repeals both the special estate tax and the carried out under the extra rescission authority, governor’s extraordinary rescission authority. If the act suspends the statutory requirement that the federal aid is $55 million or more but less the governor get the FAC’s approval. than $110 million, it repeals only the Under the law granting the governor’s extraordinary rescission authority. If the federal regular rescission authority, if the comptroller’s aid is less than $55 million, the act keeps the cumulative monthly financial statement includes special estate tax and allows the governor to use a projected General Fund deficit that exceeds 1% the extraordinary rescission authority but only up of total General Fund appropriations, the to the difference between the federal aid amount governor must, within 30 days, file a report with and $55 million. the Appropriations and Finance, Revenue and Bonding committees on his plan for reducing REIMBURSEMENT TO SCHOOL DISTRICTS budget allotments to prevent a deficit. If the FOR HEALTH SERVICES TO PRIVATE governor’s plan requires a reduction of more SCHOOL STUDENTS (§ 57) than 3% in total appropriations from any fund or more than 5% in any appropriation, the governor For FYs 2004 and 2005, the act continues an can ask the FAC to approve the reduction. The existing state reimbursement grant for health full General Assembly must approve any services school districts must provide to reduction in total appropriations greater than 5%. Connecticut students attending private schools. The governor must follow similar As under prior law, reimbursement percentages procedures for making the extra reductions under range from 10% to 90%, based on town wealth. the act. Before making the additional reductions, A town must receive a minimum 80% he must file a report with the Appropriations and reimbursement if (1) its number of children on Finance, Revenue and Bonding committees that welfare was more than 1% of its population in describes, as applicable, the fiscal exigency or 1997 or (2) it has a wealth ranking below 30 and the basis for his determination that resources will provides health services to more than 1,500 be insufficient to fund full appropriations. The private school students who do not live in the OPM secretary must submit copies of the town. (PA 03-6, June 30 Special Session, makes reductions and the reasons for them to state the grant and distribution formula permanent.) agency heads; the comptroller; and the Appropriations Committee, through the Office of GAAP ACCOUNTING (§ 58) Fiscal Analysis. As under the statute, the comptroller must use the reduced allotments in The act delays, from July 1, 2003 to July 1, her control of state agency spending. 2005, the date after which the comptroller and the OPM secretary may start using Generally FEDERAL FUNDS CONTINGENCY (§ 61) Accepted Accounting Principles (GAAP) to maintain the state’s financial statements and By July 1, 2004, the act requires the OPM prepare the state budget, respectively. It also secretary to certify the amount of any requires the comptroller and OPM secretary to extraordinary federal assistance the state will submit GAAP conversion plans to the receive in FY 2005. The extraordinary federal Appropriations Committee by February 1, 2005 assistance is extra federal medical assistance and and adjusts other GAAP-related deadlines to other aid similar to that received for FYs 2003 conform to the two-year implementation delay. and 2004 under the federal Jobs Growth, Tax Relief and Reconciliation Act of 2003. The secretary must certify the federal assistance amount to the state treasurer, comptroller, Department of Revenue Services (DRS)

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INCOME TAX the schedule of increases in the amount of their adjusted gross income that is exempt from the Property Tax Credit (§ 101) tax (“personal exemption”) and (2) delaying scheduled increases in income thresholds for The act reduces the maximum property tax reducing their personal exemptions, personal credit against the income tax from $500 to $350 credits, and property tax credits. and eliminates a residual $100 property tax credit Personal Exemption. The maximum formerly available to higher income taxpayers. personal exemption for single filers is $12,500 Under the act, as under prior law, the for the 2003 tax year. Under prior law, the maximum credit is reduced by 10% for each maximum was scheduled to increase to $12,750 $10,000 of Connecticut adjusted gross income on January 1, 2004 and rise, in five more annual (10% for each $5,000 for married people filing steps, to $15,000 on January 1, 2009. The act separately) above specified levels. But under the reduces the January 1, 2004 exemption level to act, the reductions apply to the entire credit $12,625 and delays the increase to $12,750 and instead of only to the credit over $100 (see Table each subsequent increase by one year. It also 7). adjusts the exemption reduction thresholds to correspond to its changes in the maximum, as Table 7: Old and New Maximum Property Tax Credits shown in Table 8. (By law, the exemption for

CT ADJUSTED GROSS INCOME single filers is reduced by $1,000 for each $1,000 MAXIMUM CREDIT of adjusted gross income (AGI) over twice the Married Filing Jointly SINGLE maximum exemption.) (for 2003 only) Prior Law Act From To From To $500 $350 $24,001 $100,500 $12,501 $54,500 Table 8: Personal Exemption For Single Filers 460 315 100,501 110,500 54,501 64,500 PRIOR LAW ACT 420 280 110,501 120,500 64,501 74,500 Tax Maximum Exemption Maximum Exemption Exemption Reduction Exemption Reduction 380 245 120,501 130,500 74,501 84,500 Year 340 210 130,501 140,500 84,501 94,500 (AGI) Threshold (AGI) Threshold 300 175 140,501 150,500 94,501 104,500 (AGI) (AGI) 260 140 150,501 160,500 104,501 114,500 2003 $12,500 $25,000 220 105 160,501 170,500 114,501 124,500 2004 12,750 25,500 12,625 25,250 180 70 170,501 180,500 124,501 134,500 2005 13,000 26,000 12,750 25,500 140 35 180,501 190,500 134,501 144,500 2006 13,500 27,000 13,000 26,000 100 0 Over $190,500 Over $144,500 2007 14,000 28,000 13,500 27,000 2008 14,500 29,000 14,000 28,000 Married Filing MAXIMUM CREDIT Head of Household 2009 15,000 30,000 14,500 29,000 Separately 2010 15,000 30,000 Prior Law Act From To From To $500 $350 $19,001 $78,500 $12,001 $50,250 Personal and Property Tax Credits. 460 315 78,501 88,500 50,251 55,250 420 280 88,501 98,500 55,251 60,250 380 245 98,501 108,500 60,251 65,250 By law, Connecticut income taxpayers with 340 210 108,501 118,500 65,251 70,250 AGIs under a specific threshold are eligible for a 300 175 118,501 128,500 70,251 75,250 260 140 128,501 138,500 75,251 80,250 (1) personal credit of from 1% to 75% of the tax 220 105 138,501 148,500 80,251 85,250 due and (2) a credit of up to $350 (reduced from 180 70 148,501 158,500 85,251 90,250 $500 by the act – see §101 above) for property 140 35 158,501 168,500 90,251 95,250 100 0 Over $168,500 Over $95,250 taxes they pay. Both credits gradually decrease as income rises and are phased out entirely at The income levels at which the maximum specified AGI thresholds. The AGI threshold at credit reduction starts for singles shown in Table which the personal credit is eliminated and the 7 apply for the 2003 tax year. Starting January property tax credit reduction starts is the same. 1, 2004, the income at which the reduction starts Under prior law, for single filers, this AGI for single filers is scheduled to increase every threshold was gradually scheduled to increase year until it reaches $64,501. from $54,500 to $64,000 over six years from The property tax credit reductions apply to 2003 to 2009. The act stretches this schedule out tax years starting on or after January 1, 2003. by reducing the increase scheduled for 2004 by 50% and delaying each subsequent increase by Changes for Single Filers (§§ 101, 115, 116) one year (see Table 9). Finally, the act makes corresponding changes in the income levels at The act delays scheduled income tax which the 1% to 75% personal income tax reductions for single filers by (1) stretching out credits apply to reflect the delays in the personal

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 427 exemption increases. The changes for single Tax Collection by Remote Sellers Who Are State filers apply to tax years beginning on or after Vendors (§ 105) January 1, 2004. Starting with sales on or after July 1, 2003, Table 9: Personal Credit Elimination And Property Tax the act requires new contracts for state agency Credit Reduction Thresholds for Single Filers PRIOR LAW ACT purchases of supplies, equipment, and similar Tax Year Threshold Threshold items from sellers with no taxable relationship (AGI) (AGI) (“nexus”) to Connecticut to include an 2003 $54,500 $54,500 agreement requiring the contractor and its 2004 55,500 55,000 affiliates to collect use tax on all sales to 2005 56,500 55,500 2006 58,500 56,500 Connecticut consumers during the term of the 2007 60,500 58,500 state contract. The requirement also applies to 2008 62,540 60,500 affiliates that control, are controlled by, or are 2009 64,500 62,500 under common control with, the contractor. 2010 64,500 The act requires the state’s agreements with vendors to include the following provisions: SALES AND USE TAX 1. the contractor and affiliates are liable only for use taxes paid by customers; Computer and Data Processing Services (§§ 95, 2. once a customer pays use tax to the 96) contractor or affiliate, he is no longer liable for paying the tax on the item to The act repeals the scheduled elimination of the state; the sales and use tax on computer and data 3. contractors and affiliates must remit processing services formerly set to take effect taxes collected by the due date specified July 1, 2004, thus maintaining the existing 1% in the agreement, which must be no tax on such services. later than the end of the month following the calendar quarter or other Hospital Patient Care Services (§§ 95, 96) collection period during which they collected the tax; and The act eliminates the 5.75% sales and use 4. contractors and affiliates that fail to taxes on hospital patient care services payments remit taxes on time are subject to the received after June 30, 2003. Under prior law, same interest and penalties as other the tax on patient care services was suspended retailers (1% for each month or part of a for two years, from July 1, 2001 through June month the payment is overdue, plus a 30, 2003, and was to resume for payments for penalty of 15% of the deficiency or $50, such services that hospitals received on or after whichever is greater for negligent or July 1, 2003. intentional nonpayment and 25% of the deficiency for nonpayment due to Exemption for Media and Cooperative Direct fraud). Mail Advertising and Public Relations (§§ 95, The act also allows agreements to provide 96, 97) that contractors and affiliates collect use tax only on items subject to the 6% tax rate. Starting July 1, 2003, the act exempts By law, the use tax applies to taxable items advertising and public relations services for and services Connecticut residents buy out-of- developing media and cooperative direct mail state for use in the state. advertising from the sales and use tax. It thus eliminates the 3% tax PA 03-2 imposed on such Sales-Tax-Free Week (§ 142) services starting April 1, 2003. Starting July 1, 2004, the act eliminates a Exemption for Newspapers and Magazines (§ sales tax exemption for clothing and footwear 98) costing less than $300 that applies annually during the third week of August, a period known Starting July 1, 2004, the act exempts as the “sales-tax-free week.” newspaper sales and magazine subscription sales from sales and use taxes. PA 03-2 applied a 6% tax to such sales starting April 1, 2003.

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BUSINESS TAXES Connecticut corporation tax and also allows the state to tax a share of the income from royalties, Corporation Tax Surcharge (§ 87-88) interest, or similar payments and transactions among the group members. (PA 03-6, June 30 For the 2004 income year, the act imposes a Special Session, repealed these new 25% corporation tax surcharge on any requirements.) corporation with a 2004 tax liability greater than Under prior law, corporate groups that filed the $250 minimum tax. Corporations subject to consolidated federal corporate tax returns could the surcharge must calculate their surcharge choose to file combined Connecticut returns but amounts based on their tax liability before any first had to apportion each member’s net income tax credits. and losses or capital base separately among the All corporations, including those paying the states where the member operates. The DRS minimum tax, were already subject to a 20% commissioner could also require groups that do corporation tax surcharge for the 2003 income not file consolidated federal returns to file year. combined Connecticut reports under certain circumstances. All other Connecticut Optional Combined Corporation Tax Returns (§ corporation taxpayers had to compute their tax 90) liability as separate entities. Covered Groups. Under the act, a By law, if affiliated, multi-state companies Connecticut corporate taxpayer must comply filing a combined return think that the statutory with the new combined filing requirement if: method for apportioning their combined net 1. 50% or more of its gross income comes income or capital base to Connecticut is unfair, from transactions with affiliates or they may petition the DRS commissioner to use related entities or 50% or more of the another apportionment method. The act adds a income of any one of its affiliates or third condition to the criteria for the related entities comes from transactions commissioner’s decision to approve a proposed either with the taxpayer or with the alternate method. In addition to requiring the taxpayer and its affiliates or related commissioner to conclude that the petitioning entities; companies are part of a unitary business engaged 2. the taxpayer and one or more of its in one enterprise and that they have substantial affiliates or related entities provide business transactions with one another, the act three or more of the following services requires the commissioner also to determine that to one another: advertising, public the proposed alternate method accurately reflects relations, accounting and bookkeeping, the companies’ activity, business, income, or centralized cash management, capital in Connecticut. PA 03-6, June 30 Special distribution, legal services, personnel Session repealed these changes, which were to services, manufacturing, sales, apply to income years starting on or after purchasing, research and development, January 1, 2003. management, collections, nonemployee- The act also makes technical changes, some benefit-related insurance procurement of which make the law conform to the mandatory and servicing, and employee benefit alternative combined reporting requirements the programs; act imposes (see below). PA 03-6, June 30 3. the taxpayer owes 20% or more of its Special Session also repealed the conforming debt to affiliates and related entities or changes. the debt its affiliates and related entities owe the taxpayer is 20% or more of the Mandatory Alternate Combined Reporting total debt owed to it; or Requirements (§ 91) 4. the taxpayer transfers or sells to, or exchanges with, an affiliate or related New Requirement. The act requires a group entity income-producing property other of related corporations that meet certain criteria than operating cash, such as real to determine the corporation tax liability of the property, accounts receivable, group’s members doing business in the securities, patents, trademarks, Connecticut as if the group were a single copyrights, and similar property, and company. By doing so, it subjects more of a later directly or indirectly receives covered group’s income or capital base to the income or money attributable to the

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property. The act requires the commissioner to adopt The act requires the combined filing even if regulations (1) establishing methods for these inter-company transactions (1) involve an corporate groups subject to mandatory combined “arm’s length charge” as defined by US Treasury reporting to apply tax credits, net operating Department regulations or (2) have a valid losses, and net operating loss carryovers against business purpose. their tax liability and (2) establishing Company groups that file optional combined apportionment methods for groups whose returns under existing law must include in those members are subject to different apportionment returns any affiliate or related entity of a group formulas. member that meets any of the listed conditions. The act makes all companies included in the The act also gives the DRS commissioner mandatory combined return jointly and severally discretion to include in a group’s alternate liable for the group’s taxes. If a group member combined report any affiliate or related entity that files a separate return owes more tax under that does not meet the listed conditions, or to the mandatory combined return, the act requires exclude one that does, if she (1) determines it is it to pay the tax computed under the combined required to accurately reflect the group’s activity, return. business, income, or capital in Connecticut and The mandatory combined reporting was to (2) does not exercise the discretion arbitrarily, apply to income years starting on or after capriciously, or unreasonably. January 1, 2003, but PA 03-6, June 30 Special Affiliates and Related Entities. The act Session, repealed it. defines corporations or corporate chains connected to the same parent corporation as an Insurance Premium Tax Credit Limit (§ 86) “affiliated group” if (1) one or more of the corporations directly owns more than 50% of The act limits the total value of the credits each of the others’ voting and nonvoting stock an insurance company or HMO may take against and (2) their common parent directly owns more the 1.75% premium tax in any year to 70% of its than 50% of the voting and nonvoting stock of at pre-credit tax liability for the same year. The least one of them. credit limit applies to income years starting on or It defines an “affiliate” as corporate group after January 1, 2003. member that, either on its own or with its affiliated corporations, meets any of the listed R&D Credit Refunds for Capital Base conditions with a Connecticut corporate Companies (§ 89) taxpayer. Affiliates can include limited liability companies that choose to be taxed as The act reinstates eligibility for research and corporations for federal tax purposes, but not development (R&D) credit refunds for the 2003 statutorily defined passive investment companies and 2004 income years for companies that pay affiliated with financial or insurance companies the alternative capital base tax for a year when that are exempt from the corporation tax. they report no net income. A partnership, limited liability company, S By law, all companies must pay a tax of corporation, real estate investment trust, or other 7.5% of net income or 3.1 mills per dollar of pass-through entity is considered a taxpayer’s capital base, whichever is higher, but no less “related entity” under the act if the taxpayer, one than $250. Thus, the minimum tax a corporation or more of its affiliates, or a combination of pays is either $250 or the alternative capital base them, directly or indirectly own, together or tax, whichever is more. The R&D credit refund separately, at least 50% of the entity. program entitles certain companies to cash Other Provisions. The act gives the DRS refunds for 65% of the value of unused commissioner discretion to allow a covered corporation tax credits for R&D expenses up to corporate group to use an alternate method of certain limits. It originally required eligible apportioning income to more accurately reflect companies to have no corporation tax liability, its actual business activity in the state based on but a 2002 law barred companies from using the same three criteria that already apply to credits to reduce their annual corporation tax voluntary combined reports (see §90 above). The below $250, making it impossible to have no group must file its request to use an alternate liability. A subsequent 2002 law preserved method no later than 60 days before the final eligibility for qualifying companies owing only filing date for its return. the $250 minimum tax, but it did not address companies without net income that were still

2003 PA Summary Book Part II 430 2003 JUNE 30 SPECIAL SESSION required to pay more than $250 in alternative enterprise zones, it expressly applies the tax to capital base taxes, even though they were such transfers to the extent an entity also holds eligible for refunds before 2002. property outside a zone. For the 2003, and 2004 income years only, The act applies to controlling interest sales this act reinstates eligibility for such companies. or transfers on or after August 1, 2003. (PA 03-120 reinstated their eligibility for the 2002 income year.) INHERITANCE AND TRANSFER TAXES

Gross Earnings Tax on Satellite TV Service (§§ Special Estate Tax (§§ 59, 61, 120) 92, 93, 119) The act imposes a special estate tax, payable The act extends the 5% gross earnings tax in lieu of the regular estate tax, on estates valued on cable TV companies to satellite TV at over $1 million of people who die between companies providing service to Connecticut July 1, 2004 and January 1, 2005. The special subscribers. As is the case with the cable TV tax is 1.3 times the maximum federal estate tax tax, satellite TV companies must file returns and credit applicable in 2004 but without the 75% pay the tax quarterly. But, under the act, the first federal credit reduction applicable in that year. quarterly payment for satellite TV companies But if, by July 1, 2004, the OPM secretary covers the four months from September 1 to certifies that the state will receive at least $110 December 31, 2003. The act requires each million or more in extra federal assistance for FY satellite TV company’s taxable gross earnings to 2005, the special tax does not take effect. be based on the ratio of its Connecticut Estates subject to the tax must file returns subscribers to its total subscribers on the first and and pay within six months after the death date last day of each quarter. instead of within nine months after, as under the The act also allows the comptroller to count regular estate tax. For nonresident estates, the act as revenue for the previous fiscal year (“accrue”) requires the special tax to be apportioned any satellite TV company gross earnings tax according to the share of the total estate under payments postmarked by July 31 or, if that is a Connecticut’s jurisdiction. The act also allows weekend or holiday, the following business day. the comptroller to count as revenue for FY 2005 The act applies to calendar quarters starting any payments of the special tax she receives on on or after September 1, 2003. or before July 31, 2005. Connecticut’s regular estate tax is linked to Controlling Interest Transfer Tax (§ 100) the federal estate tax in effect on the death date and is set at the maximum federal estate tax The state imposes a controlling interest credit as of that date. For deaths in 2004, the transfer tax on the sale or transfer of any entity federal tax applies to estates valued at $1.5 that controls a real property interest worth million or more. Because Connecticut’s regular $2,000 or more. The tax is 1.11% of the value of tax is tied to the federal law, the same taxable the interest. The act explicitly applies the tax estate threshold applies to it. But for the special when: tax, the act sets the taxable estate threshold at $1 1. an entity holds the property either million. directly or indirectly, The regular tax is also linked to the federal 2. the sale or transfer occurs in one tax in that Connecticut’s tax equals the transaction or a series, and maximum federal estate tax credit for state 3. the sale or transfer involves one seller inheritance taxes paid. A 2001 federal law is or transferor or a group acting in phasing out the federal credit for state taxes, concert. reducing it by 25% per year until it is eliminated The act establishes presumptions that, unless in 2005. By reducing the federal credit, the shown to the contrary, (1) transactions that occur federal law is simultaneously reducing within six months of each other are part of a Connecticut’s estate tax. For deaths in 2004, the series and (2) sellers or transferors who are regular Connecticut tax will be 25% of its 2001 related to one another by blood or marriage are rate. The special tax disregards this credit acting in concert. reduction. Finally, although the act maintains the tax Except for the taxable estate threshold, the exemption for transfers of controlling interests in federal credit reduction disallowance, and the entities possessing real property located in six-month filing deadline, the act applies all

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 431

January 1, to January 1, Over $1,000,000 20.02% other provisions of the existing state and federal 2004 to 2007 January 1, estate tax law to the special tax. 2005 $1,500,000 or less No Tax Death Date: Death Date: January 1, January 1, 2007 Over $1,500,000 20.02% Succession Tax Phase-Out (§ 94) 2005 to to January 1, January 1, 2008 2006 Death Date: Death Date: The act delays each remaining step of the January 1, January 1, 2008 Any No tax succession tax phase-out by two years. It affects 2006 or after or after estates of people who die on or after March 1, 2003 that exceed certain values and that pass Gift Tax Phase-Out Delays (§ 99) either to collateral descendants, such as brothers, sisters, nephews, and nieces (Class B heirs), or to The act delays by two years the remaining other, more remote, heirs (Class C heirs). The steps of the phase-out of the tax on gifts between act also increases tax rates for taxable estates of $25,000 and $1 million, thus maintaining 2003 those who die between March 1, 2003 and gift tax rates until January 1, 2006. Under the December 31 2004. For those estates, the act act, the phase-out resumes as of that date and applies the tax rates that were in effect in 2002, runs until January 1, 2010. The phase-out was reversing a rate reduction for such estates that formerly scheduled to run from January 1, 2004 took effect January 1, 2003. to January 1, 2008 (see Table 11). The succession tax was scheduled for Table 11: Old And New Gift Tax Phase-Out elimination as of January 1, 2004 for Class B IN EFFECT DURING TAX GIFT AMOUNT heirs and as of January 1, 2006 for Class C heirs. Prior Law Act 2003 $25,000 or less The act delays elimination for Class B heirs to None January 1, 2006 and for Class C heirs to January $25,001- $50,000 $250 plus 2% of the 1, 2008. amount over $25,000 2003 $50,001-$75,000 $750 plus 3% of the Table 10 shows when remaining succession 2004 amount over $50,000 tax rates are effective under prior law and under 2005 $75,001-$100,000 $1,500 plus 4% of the amount over $75,000 the act for each class of heirs. (Rates given $100,001-$675,000 $2,500 plus 5% of the amount over $100,000 include applicable surcharges of 10% plus 30% Over $675,000 $31,250 plus 6% of the imposed under CGS § 12-344a.) amount over $675,000 2004 $50,000 or less None $50,001-$75,000 $750 plus 3% of the Table 10: Old and New Succession Tax Rate Effective amount over $50,000 Dates $75,001-$100,000 $1,500 plus 4% of the Class B Heirs 2006 amount over $75,000 $100,001- $700,000 $2,500 plus 5% of the EFFECTIVE TAX RATE amount over $100,000 (WITH Over $700,000 $32,500 plus 6% of the PRIOR LAW ACT ESTATE VALUE SURCHARGES) amount over $700,000 $600,000 or less No Tax Death Date: 2005 $75,000 or less None Death Date: January 1, $600,001 -$1,000,000 11.7% March 1, 2003 to $75,001-$100,000 $1,500 plus 4% of the 2001 to January 1, 2005 amount over $75,000 January 1, Over $1,000,000 14.3% 2003 2007 $100,001- $700,000 $2,500 plus 5% of the amount over $100,000 $1,500,000 or less No Tax Death Date: Death Date: Over $700,000 $32,500 plus 6% of the January 1, January 1, 2005 amount over $700,000 2003 to to January 1, Over $1,500,000 11.44% January 1, 2006 2006 $100,000 or less None 2004 $100,001- $850,000 $2,500 plus 5% of the Death Date: Death Date: 2008 amount over $100,000 January 1, January 1, 2006 Any No Tax Over $850,000 $40,000 plus 6% of the 2004 or after or after amount over $850,000 Class C Heirs 2007 $950,000 or less None 2009 Over $950,000 $45,000 plus 6% of the EFFECTIVE TAX RATE amount over $950,000 (WITH 2008 and None ESTATE VALUE SURCHARGES) 2010 $1,000,000 or less Prior Law Act after $200,000 or less No Tax and after Over $1,000,000 $47,500 plus 6% of the $200,001-250,000 14.3% amount over $1,000,000 Death Date: $250,001-400,000 15.73% January 1, Death Date: 2001 to March 1, 2003 to EXTENDED HOURS FOR ALCOHOL SALES January 1, January 1, 2005 $400,001-600,000 17.16% 2003 $600,001-1,000,000 18.59% (§ 103)

Over $1,000,000 20.02% The act allows package stores, drug stores, Death Date: $400,000 or less No Tax Death Date: January 1, January 1, 2005 $400,001-600,000 17.16% and grocery stores to sell alcohol for an 2003 to to January 1, $600,001-1,000,000 18.59% January 1, 2006 Over $1,000,000 20.02% additional hour, until 9:00 p.m., on weekdays 2004 Death Date: $600,000 or less No Tax and Saturdays. Under prior law, these stores Death Date: January 1, 2006 $600,001-$1,000,000 18.59% January 1 to January 1 could sell alcohol only until 8 p.m. on those days.

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Because holders of manufacturing brew pub Old New Fee Fee permits can sell beer for consumption off Certified statement of “No record of accident” 14 20 premises during the same hours as package, Certified driver history or abstract for commercial 10 20 drug, and grocery stores, the act effectively drivers’ license with passenger endorsement or transportation permit extends the hours for such sales as well. Name of registered owner 4.50 20 Operator license information 5.50 20 Certification of any copy or record 3.50 20 NEW AND INCREASED FEES Certified transcripts of commissioner’s hearing 17.50 20 (minimum) Delinquent Motor Vehicle Property Tax Reports Copy of completed driver’s license application 7 20 Copy of completed motor vehicle registration 7 20 (§ 102) application Copy of title provided to municipality 10 20 By law, municipal tax collectors must notify the Department of Motor Vehicles (DMV) UNCLAIMED PROPERTY (§§ 66-84) commissioner when property taxes on a motor vehicle or snowmobile are delinquent. The act Most property held or owed in this state that requires municipalities to pay 50 cents for each the owner fails to claim is presumed abandoned such vehicle they report when they submit the after a specified amount of time. The state notice and requires the payments to be deposited treasurer assumes custody and is responsible for in the General Fund. any ownership or other types of claims in the property. This act: Infraction Surcharge (§ 104) 1. reduces the time that must pass without a claim before property is presumed The act raises, from $20 to $35, the abandoned; surcharge on infractions that carry a $35 fine set 2. alters some of the requirements for by law or any fine set by the judges of the presuming abandonment, provides Superior Court. (PA 03-6, June 30 Special specific rules for some types of property Session, applies the surcharge to all infractions that would otherwise fall under the with fines of at least $35.) general catch-all provision (such as gift The surcharge applies when an accused is certificates and mineral proceeds), and found to have committed any infraction carrying alters some definitions and provides a $35 fine or pleads no contest and pays the fine some new ones; by mail. By law, any infraction for which a fine 3. changes the treasurer’s powers to is not set by statute or by the Superior Court examine people about unclaimed judges carries a $35 fine. property, to demand unclaimed The surcharge increase takes effect October property, and to ask the attorney general 1, 2003. to bring suit; 4. prohibits holders from imposing DMV Fees (§ 117) abandonment fees; 5. prohibits selling or issuing gift The act increases most DMV fees for copies, certificates with expiration dates; abstracts, duplicates, replacements, and searches 6. changes when the treasurer must pay to $20 from the prior fees listed in Table 12. It interest on abandoned property and also establishes a $15 minimum fee for driving determines the interest rate based on a history records DMV furnishes on a volume rate set by the banking commissioner; basis in connection with a person’s business. 7. specifies that the treasurer must follow the Uniform Administrative Procedure Table 12: DMV Fee Increases Act in adopting regulations to enforce Old New the abandoned property laws; and Fee Fee Duplicate registration certificate $5 $20 8. makes other changes related to the 1st duplicate driver’s license 10 20 duties of a holder of abandoned Replacement plate or set of plates, other than 11 20 property; agreements to locate property; handicap plates Replacement plates or set of plates with same 11 20 and records of issuing a check, draft, or number as old plate(s) instrument as prima facie evidence. Search for copy of accident record that fails to 10.75 20 produce document Copy of accident report 10.75 20 Certified copy of accident report 14 20

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 433

Funds Held By Banking Or Financial that are unclaimed and unpaid after becoming Organizations due and payable as established by life insurance company records under a life or endowment The act reduces, from five to three years, the insurance policy or annuity contract that has time that must pass without any activity before matured or terminated. The act also allows the following property is presumed abandoned: records of other insurance companies to establish 1. a demand or savings deposit in this that money became due and payable. state; By law, a life insurance policy not matured 2. funds paid in the state to purchase by actual proof of death is deemed mature and shares or interests in a financial the proceeds due and payable if the policy was in organization or a deposit made with force when the insured reached the limiting age them; under the mortality table on which the reserve is 3. sums payable on checks certified in this based, unless the person appearing entitled has state or written instruments issued in the (1) assigned, readjusted, or paid premiums on the state when a bank or financial policy or subjected it to loan or (2) written the institution is directly liable, such as company about the policy. The act reduces this money orders, drafts, and traveler’s dormancy period from five to three years. checks (the act deletes specific reference to certificates of deposit); and Property Held By Business Associations 4. a matured time deposit made in this state (by law, an additional period The act reduces, from five to three years, the applies if there is automatic renewal). time that must pass without any activity before The act also reduces the dormancy period, property is presumed abandoned for stocks, from 10 to five years, for funds or personal certificates of ownership, dividends, profits, property in a safe deposit box or other safe distributions, interest, payments on principal, or depository in this state where the lease or rental other sums held or owing by a business period expired because the rent was not paid or association for or to a shareholder, certificate for another reason. The act requires whoever has holder, member, bondholder or other security this property to sell it and pay the proceeds, holder, or participating patron of a cooperative. minus any lawful charges, to the treasurer. The person must not have claimed it or written By law, these rules do not apply if an officer the association about it for three, instead of five, of the organization knows the owner is alive and years after the date for payment or delivery. certain other actions prevent the dormancy The act adds more examples of a business period from applying. association and broadens the definition. It expands the definition to apply to business Funds Held By Insurance Companies entities with one or more people instead of only to associations for business purposes of two or The act applies the unclaimed property more people as under prior law. As under prior provisions to insurance companies, not just life law, a business association is a corporation, insurance corporations, and reduces the limited liability company, joint stock company, dormancy period from five to three years. It business trust, or partnership. The act also defines an “insurance company” as an specifies that the definition includes an association, corporation, or fraternal or mutual unincorporated association, joint venture, trust benefit organization, whether for profit or not, in company, safe deposit company, financial the business of providing life endowments, organization, insurance company, person annuities, or insurance, including accident, controlling a mutual fund, and utility. burial, casualty, credit life, contract performance, dental, disability, fidelity, fire, health, Ownership Interests hospitalization, illness, life, malpractice, marine, mortgage, surety, wage protection, and workers’ The act reduces, from five to three years, the compensation. time that must pass before an ownership interest By law, unclaimed funds that are held and in a business association shown on stock or owing are presumed abandoned if a person other membership records is presumed abandoned. As than the insured or annuitant is entitled to them under prior law, the owner must not claim a and the company does not know his address. dividend or other sum, write to the association, Unclaimed funds are all money held and owing or otherwise indicate an interest by a memo on

2003 PA Summary Book Part II 434 2003 JUNE 30 SPECIAL SESSION file with the association during that period. does not include prepaid calling cards or prepaid commercial mobile radio services. Property Held By Government The act defines a “record” as information inscribed on a tangible medium or stored in an The act reduces, from five to three years, the electronic or other medium and retrievable in time that must pass before property held for its perceivable form. owner by a court, public corporation, public Mineral Proceeds. The act provides a authority, state officer, or political subdivision is specific rule for mineral proceeds. Under the act, presumed abandoned. (The rule that a claim any mineral proceeds held or owing by a against the state granted for less than $3,000 is business association for someone who has not presumed abandoned after one year remains claimed or written the association about them unchanged.) within three years after the date for payment or delivery are presumed abandoned. Intangible Property It defines a “mineral” as gas; oil; other gaseous, liquid, and solid hydrocarbons; oil The act subjects intangible property to state shale; cement material; sand and gravel; road custody as unclaimed property if it raises a material; building stone; chemical raw material; presumption of abandonment under any of the gemstone; fissionable and nonfissionable ores; provisions of the law or the act, not just under colloidal and other clay; steam and other the provisions on property held by banking geothermal resource; or any other substance organizations, funds held by life insurance defined as a mineral by Connecticut law. corporations, property held by a business “Mineral proceeds” are amounts payable for association, ownership interests in business extraction, production, or sale of minerals or all associations, property held by a fiduciary, or the payments that become payable after general provision for property not otherwise abandonment of those payments. It includes covered by law. amounts payable (1) for acquiring and retaining a The law requires certain other conditions to mineral lease, including bonuses, royalties, and be met in addition to meeting the presumptions delay rentals; (2) for extracting, producing, or of abandonment. selling minerals, including net revenue interests, royalties, and extraction and production Categories Of Abandoned Property payments; and (3) under an agreement or option, including a joint operating agreement, unit By law, all property not otherwise provided agreement, pooling agreement, and farm-out for or excluded from other categories that is held agreement. or owing in this state and is unclaimed for more Demutualization Payments. Under the act, than three years after it becomes due, payable, or any property payable or distributable in the distributable, is presumed abandoned. The act course of the demutualization of an insurance provides specific rules for property that would company is presumed abandoned if it is have otherwise been covered by this provision. unclaimed and unpaid three years after it became Gift Certificates. Under the act, the value of payable or distributable. a gift certificate is presumed abandoned if it is Wages. Under the act, any wages, salary, or not redeemed within three years of (1) its compensation for personal services unclaimed purchase or issuance date or (2) the last date of a for more than one year after becoming due, transaction that increased or decreased its value, payable, or distributable is presumed abandoned. whichever is later. This does not apply to wages collected by the The act defines a gift certificate as a record labor commissioner for an employee whose showing a promise by the seller or issuer, made location is unknown, which the law requires to for consideration, that goods or services will be be either given to a relative of the employee or provided to the owner to the value shown in the considered abandoned after two years. record. This includes a (1) record that contains a Utility Deposits, Refunds, or Other Sums. microprocessor chip, magnetic stripe, or other Under the act, a deposit, refund, or sum a utility means to store information that is prefunded and owes a customer or subscriber that is unclaimed for which value is decreased with use; (2) gift for more than a year after becoming due, card; (3) electronic gift card; (4) stored value payable, or distributable is presumed abandoned. card or certificate; (5) store card; (6) prepaid The act defines a utility as a person who telephone card; or (7) similar record or card. It owns or operates for public use a plant,

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 435 equipment, real property, franchise, or license for Interest transmitting communications or producing, storing, transmitting, selling, delivering, or The act eliminates the requirement that the furnishing electricity, water, steam, or gas. treasurer pay interest on claims for (1) funds paid in the state to purchase shares or interests in a Treasurer’s Powers financial organization or a deposit made with them and (2) sums payable on checks certified in The act requires the treasurer, when any this state or written instruments issued here when abandoned funds or property exists or may exist, a bank or financial institution is directly liable. to demand them or ask the attorney general to By law, the treasurer must pay interest on bring a lawsuit and take appropriate action to claims for (1) demand or savings deposits in this recover them. Under prior law, the treasurer state and (2) matured time deposits made in this only had these powers over property held by a state. The act changes the rate of interest from federal court or agency. 4% to the deposit index rate the banking Under prior law, the treasurer could examine commissioner sets annually. any person under oath, or examine records, when she believed the person knew of or had failed to Duties Of Holder Of Abandoned Property report or transmit property presumed abandoned. The act instead allows the examination to The law requires the holder of property to determine whether the person has complied with notify an owner by first class mail at the last- the law on abandoned property and allows the known address, one year before a presumption of treasurer to conduct the examination even if the abandonment takes effect, that the owner must person believes he does not possess the property. indicate his interest in the property or it will be The act also allows her to examine a person’s transferred to the treasurer and subject to escheat agent, including a dividend disbursement agent to the state. The act requires this notice 180 days or transfer agent of a business association, before the presumption of abandonment takes banking organization, or insurance company that effect for the act’s new provisions on (1) wages, holds property presumed abandoned. salary, or compensation and (2) utility deposits, refunds, or other sums. Prohibition On Abandonment Fees The act also requires items valued at $50 to be listed separately on the unclaimed property The act prohibits the holder of property report that holders must provide the treasurer. subject to the abandonment provisions from As under prior law, items over $50 are listed imposing a charge or fee for dormancy, separately and those under $50 are listed in abandonment, escheat, inactivity, or any similar aggregate. charge. It prohibits the property or an agreement Under the act, the expiration, before or after concerning it from containing language the act’s effective date, of any period in a suggesting that the property may be subject to contract during which an owner has the right to such a charge, fee, or penalty. receive or recover money or property does not prevent it from being presumed abandoned or Gift Certificates affect the duty of the holder to file a report or pay or deliver the property to the treasurer. The act prohibits anyone from selling or issuing a gift certificate with an expiration date Agreements To Locate Property and prohibits the gift certificate or an agreement from having language suggesting that an By law, an agreement to locate property is expiration date may apply. not valid if it is made (1) within two years after The act requires anyone who sells or issues a the date a holder of abandoned property must gift certificate to get and maintain the owner’s report it to the treasurer or between the time the address. If there is no record of the owner’s report is required and actually filed, whichever is address, the treasurer’s address is used. later or (2) for a fee of more than 10% of the The act provides that it does not prevent property’s value. The act also makes an someone from honoring a gift certificate and agreement invalid if it is made within two years seeking reimbursement from the treasurer after of the date the treasurer publishes notice of he has reported the certificate’s unredeemed abandoned property in a newspaper. (She must value to the treasurer. publish notice of all property with a value of at

2003 PA Summary Book Part II 436 2003 JUNE 30 SPECIAL SESSION least $50 every two years for property presumed OTHER MISCELLANEOUS abandoned during those two years.) IMPLEMENTER PROVISIONS

Checks, Drafts, Similar Instruments SUMMARY: This act makes a number of changes affecting human services and senior The act makes the record of issuing a check, programs. Among these, the act: draft, or a similar instrument prima facie 1. makes several changes in the State- evidence (evidence that on its face and absent Administered General Assistance contradictory evidence is sufficient to establish a (SAGA) program, including (a) fact) of the obligation. The treasurer satisfies her reducing the benefits for nearly all burden of proof about the item, its amount, and recipients, (b) eliminating state the passage of time by showing the issuance reimbursements to Norwich (the only when claiming property from a holder who is the town still running its own GA program), issuer. The holder may establish affirmative (c) requiring most SAGA medical defenses of payment, satisfaction, discharge, and assistance recipients to get their health lack of consideration. care from federally qualified health centers or similar entities and setting up a payment methodology for these PA 03-2, June 30 Special Session—HB 6801 providers, (d) increasing the co- (VETOED) payment for prescription drugs from $1 Emergency Certification to $1.50, (e) requiring the Department of Social Services (DSS) to apply for a AN ACT MAKING APPROPRIATIONS federal waiver to get federal Medicaid FOR CERTAIN EXPENSES OF THE funds to pay for SAGA medical STATE FOR THE PERIOD ENDING JULY assistance expenditures, and (f) 14, 2003 eliminating SAGA recipients’ ability to continue receiving aid while awaiting SUMMARY: This act appropriates money for an administrative hearing (§§ 42-49); state agencies and programs for the two weeks 2. makes numerous changes in the from July 1, 2003 to July 14, 2003. As of the HUSKY A and B programs, including effective date of a budget for the 2003-2005 (a) permitting DSS to charge premiums biennium, it cancels its temporary appropriations for lower income families and increase and requires any amounts spent under them to be the cost-sharing caps in the HUSKY B charged, under the comptroller’s direction, to program; (b) requiring HUSKY B appropriations authorized by the biennial budget. services and cost-sharing to be The act also delays, from July 1, to July 15, substantially similar to those provided 2003: by the largest commercially available 1. the scheduled reinstatement of the managed care organization (MCO) 5.75% sales and use tax on hospital offered to state residents, instead of patient care services, and offering them the Medicaid service 2. scheduled increases in rates or plan; (c) establishing a $3 maximum payments determined by the social service co-payment and increasing from services commissioner. $1 to $1.50 prescription co-payments in The act requires any decreases in rates or HUSKY A; (d) requiring HUSKY A payments determined by the social services recipients to pay premiums; (e) commissioner to take effect as scheduled on July requiring the service plan for HUSKY 1, 2003. A beneficiaries to resemble the state EFFECTIVE DATE: July 1, 2003 employees’ non-gatekeeper health plan; and (f) eliminating presumptive eligibility for HUSKY A applicants (§§ PA 03-3, June 30 Special Session—SB 2001 55, 56, 57, 72, 73); Emergency Certification 3. imposes an asset test in the ConnPACE program of $100,000 for single people AN ACT CONCERNING PUBLIC and $125,000 for married couples and, HEALTH, HUMAN SERVICES AND for program participants who die after September 1, 2003, gives the state a

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 437

claim on their estates so it can recover requirements, the membership of the benefits it paid them on or after July 1, Medicaid Pharmaceutical and 2003 (§§ 58-59); Therapeutics Committee and its 4. requires nursing homes to have jurisdiction, and the preferred drug list automatic fire sprinklers on each floor which DSS must adopt (§§ 52, 69, 82, by July 1, 2005 and requires the 83); Connecticut Health and Educational 10. continues to freeze benefits in all of Facilities Authority (CHEFA) to DSS’s cash assistance programs for develop a plan for planning for and another two years (§§ 60-61); financing their installation by February 11. reduces state grants to towns for 1, 2004 (§§ 11, 92); administering the School-Based Child 5. makes a number of statutory changes in Health Program (§ 54); preparation for potential approval by the 12. expands the purposes for which the federal government of the state’s Board of Education and Services to the Medicaid long-term care asset transfer Blind can use its vending revenues (§§ waiver request relating to penalty 64-65); and periods for inappropriate asset transfers, 13. allows guardian caretakers to receive extending look-back periods, family welfare benefits through the establishing thresholds for small Temporary Family Assistance (TFA) transfers, and related issues (§ 62); program (§ 80). 6. requires the maximum allowed The act makes a number of changes to diversion of income from a spouse on health-related laws and programs. These Medicaid in a nursing home to the include: spouse living in the community before 1. reducing funding to local and district the community spouse can be allowed health departments (§§ 1-3); by a court to keep more than the 2. allowing judges to send criminal federally allowed maximum assets (§ defendants charged with less serious 63); and nonviolent crimes to a treatment 7. makes several changes concerning program if they are incompetent to nursing home receivers, nursing home stand trial rather than order their waiting lists, and procedures for court- confinement in Connecticut Valley ordered nursing home closures (§§ 73, Hospital (§§ 13-17); 76-78); 3. revising the mandatory insurance 8. adjusts Medicaid rates for nursing coverage requirements for birth-to-three homes and intermediate care facilities services and allowing DMR to charge for people with mental retardation, participating parents a fee, regardless of makes an adjustment in how debt their income (§§ 7-9); service is calculated for residential care 4. establishing a newborn screening homes’ reimbursement rates, allows account funded by the fees hospitals mortgage refinancing fees to be collect for screening and designating a included in the rate the Department of portion of the fund to the Department of Mental Retardation (DMR) pays private Public Health (DPH) for the screening group homes, freezes Medicaid and follow-up services (§§ 4-5); reimbursements to hospitals for two 5. establishing a mechanism for assessing years, and makes various other changes life and health insurance companies and related to reimbursement (§§ 50, 53, 67, HMOs for the state’s cost of providing 68, 79, 81, 88); childhood and other immunizations (§ 9. cuts reimbursement to pharmacists for 6); Medicaid, ConnPACE, and other 6. extending the licensing period and medical assistance programs from $3.60 accordingly increasing license renewal to $3.30 per prescription, requires DSS fees for a variety of health-related to get federal approval to allow occupations and institutions (§§ 18-28); pharmacies to refuse to fill Medicaid 7. allowing personal care assistants to prescriptions for nonpayment of co- access the state’s Municipal Employee payments; and makes adjustments to Health Insurance Program (§§ 31-32); prescription prior authorization 8. exempting all residential care homes

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from Office of Health Care Access account. This account must contain those funds oversight and certificate of need review required by law to be deposited in it and any (§§ 33, 90); balance remaining at the end of a fiscal year 9. suspending operation of the Tobacco must be carried forward to the next fiscal year. and Health Trust Fund board for two By law, DPH must set a fee that covers all years (§ 10); newborn screening program expenses, including 10. creating a pilot residential program for initial testing, tracking of infants, and treatment. adults with acquired brain injury and a The law requires DPH to charge hospitals at least pilot assisted living program for people $28 per birth for the screening program. The act with mental retardation (§§ 12, 91); and specifies that $345,000 of the amount collected 11. permitting smoking at dog tracks and in fees in each fiscal year be credited to the certain off-track betting facilities until newborn screening account and be available to April 1, 2004 (§ 33). DPH for the expenses of required testing, The act postpones initiation of vision including testing to identify newborns at high screening for people renewing drivers’ licenses risk for hearing impairment. until July 1, 2005, changes requirements for The law requires screening for eight named taxicab and service bus safety inspections, conditions, including phenylketonuria, increases fares on the two state-owned and biotinidase deficiency, hypothyroidism, and operated Connecticut River ferries, decreases a “other inborn errors of metabolism.” The DPH portion of the Town Aid Road allotment, and commissioner must also adopt regulations eliminates the Department of Motor Vehicles specifying the conditions to be tested for. The (DMV) responsibility to assign an agency act extends from January 1, 2003 to January 1, inspector to monitor motor vehicle racing events 2004 the time by which these regulations must and exhibitions. include testing for amino and organic acid The act also makes passenger restrictions on disorders and fatty oxidation disorders. newly licensed 16- and 17-year-olds effective January 1, 2004, instead of October 1, 2003, and IMMUNIZATIONS (§ 6) eliminates requirements that the DMV commissioner obtain Social Security numbers Beginning by September 1, 2003, the act and federal employer identification numbers requires the Office of Policy and Management from anyone applying for a motor vehicle (OPM) secretary annually, in consultation with registration and provide these numbers to the the DPH commissioner, to determine the amount Department of Revenue Services for purposes of appropriated to: identifying people affected by taxes administered 1. purchase, store, and distribute vaccines by that agency. for routine immunizations included in EFFECTIVE DATE: Upon passage unless noted the schedule for active childhood below. immunizations required by law; 2. purchase, store, and distribute (a) LOCAL HEALTH DEPARTMENT vaccines to prevent hepatitis A and B PAYMENTS (§§ 1-3) for all ages, (b) antibiotics and biologics necessary for treating tuberculosis, and The act reduces funding to local and district (c) antibiotics for treating people in health departments as follows: communicable disease control clinics; and Department Type Previous New Per 3. provide services needed to collect Per Capita Capita current information on childhood Funding Funding Health District immunizations for all children enrolled • Town over 5,000 pop. $1.99 $1.66 in Medicaid who reach two years of age • Town under 5,000 pop. $2.32 $1.94 during the year preceding the current Full-time Local Health Dept. $1.13 $0.94 fiscal year and record the information Part-time Local Health Dept. $0.59 $0.49 in the childhood immunization registry. He must inform the insurance commissioner NEWBORN SCREENING (§§ 4-5) of the total appropriated. The act requires all domestic insurance The act establishes a “newborn screening companies and HMOs that do life or health account” as a separate, nonlapsing General Fund insurance business in Connecticut to annually

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 439 pay the insurance commissioner a health and This coverage applies to policies providing welfare assessment based on the amount coverage for (1) basic hospital expenses, (2) appropriated for immunizations. This assessment basic medical-surgical expenses, (3) major must be deposited in the General Fund. Under medical expenses, (4) hospital or medical the act, “health insurance” applies to all types of expenses, and (5) hospital and medical expenses coverage specified in law, including basic covered by HMOs. hospital and medical-surgical, major medical, Existing law requires the DMR disability, accident only, long-term care, commissioner to establish a sliding scale fee Medicare supplement, and specified accident and schedule for early intervention services. The disease coverage. schedule must consider the cost of services Annually, beginning October 1, 2003, the relative to the financial resources of the child’s act requires the commissioner to determine each parents or legal guardians. The act (1) allows insurer’s assessment for the following fiscal fees to be charged to any parent or guardian, year. On that date she must also determine the regardless of income and (2) requires charging assessment for FY 2003-04. The assessment is a fees to any parent or guardian with a gross percentage of the total appropriation determined annual income of $45,000 or more. But it by each insurer’s share of health and life prohibits charging any parent or guardian of a insurance premiums and subscriber charges. It child who is eligible for Medicaid. It also allows must be calculated in the same manner as is DMR to implement procedures for collecting currently used to pay for the operations of the fees while in the process of amending such Insurance Department and the managed care criteria in regulation. ombudsman. By November 1, 2003 and annually afterwards, the commissioner must TOBACCO AND HEALTH TRUST FUND provide each assessed entity with a statement of BOARD OF TRUSTEES (§ 10) its proposed assessment. Any company or entity aggrieved by the assessment can appeal to The act suspends operation of the Tobacco Superior Court. and Health Trust Fund’s board of trustees for The act limits the total assessment for FYs two years (July 1, 2003 to June 30, 2005). The 2003-04 and 2004-05 to $7.1 million annually. suspension period does not affect any trustee’s term on the board. BIRTH-TO-THREE PROGRAM (§§ 7-9) The 17-member board administers the trust fund, a separate, nonlapsing fund that can accept Current law requires certain kinds of transfers from the Tobacco Settlement Fund and individual and group health insurance policies donations and grants from public or private delivered, issued, or renewed in the state sources. The fund’s purpose is to create a beginning July 1, 1996 to provide at least $5,000 continuing source of money to (1) support and of annual coverage for medically necessary early encourage programs to reduce tobacco abuse intervention services provided as part of an through prevention, education, and cessation; (2) individualized family service plan. It also support and encourage program development for prohibits any such payments from being applied substance abuse reduction; and (3) develop and against a maximum lifetime or annual limit in implement programs to meet the state’s unmet the policy plan. physical and mental health needs. The board The act changes the dollar amount of establishes rules of procedure, including criteria coverage these policies must offer and specifies and processes for selecting programs to receive that coverage is for services provided by money from the fund. qualified personnel (e.g., physicians, psychologists, special education teachers, speech NURSING HOME FIRE SPRINKLERS (§ 11) and physical therapists, nurses, social workers) from a child’s birth to third birthday. It sets the The act requires the Connecticut Health and annual maximum policy benefit at $3,200 per Educational Facilities Authority (CHEFA) to child with an aggregate benefit of $9,600 over develop a plan for planning for and financing the the three-year period. It continues the installation of automatic fire sprinklers in prohibition on applying payments against a nursing homes. CHEFA must do this in maximum lifetime or annual limit in the policy conjunction with the Public Safety, Social plan. Services and Public Health departments. It must submit the plan the governor and the Public

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Safety, Human Services, and Public Health time he can be held (18 months or the maximum committees by February 1, 2004. jail sentence for the crimes charged, whichever is shorter). Under the act, reports must also state PILOT PROGRAM FOR RESIDENCES FOR whether an incompetent defendant appears ADULTS WITH ACQUIRED BRAIN INJURY eligible for civil commitment monitored by the (§ 12) Judicial Department’s Court Support Services Division (CSSD). The act allows community-based As under existing law, courts must hold organizations to operate residences for adults hearings within 10 days of receiving the clinical with acquired brain injury on a pilot basis until team’s report. But instead of requiring judges to October 1, 2005 without being licensed by DPH send people they find likely to become or obtaining a certificate of need from the Office competent to CVH’s restoration unit, the act also of Health Care Access. It allows trained allows them to give custody to DMHAS, at a individuals other than licensed nurses to treatment facility the department chooses, administer medication to residents if they do so pending civil commitment. Custody time limits under the orders of a physician, dentist, advance are the same as those described above. The court practice registered nurse, or physician’s assistant. may consider this treatment option on its own or The act requires the DPH commissioner, in when the defendant or prosecutor requests it. consultation with the Department of Mental Previously, criminal judges could not Health and Addiction Services (DMHAS) transfer custody for civil commitment until (1) commissioner, to develop standards for operating the person had been held at CVH’s restoration such residences and training requirements for unit for the maximum period allowed or (2) the people to administer medication in them. court determined there was no substantial likelihood that the defendant will become ALTERNATIVE INCARCERATION FOR competent during the restoration period. PEOPLE WITH PSYCHIATRIC DISABILITIES (§§ 13-17) Excluded Crimes

This act allows judges to send criminal People charged with class A and B felonies defendants who are incompetent to stand trial to are ineligible for the treatment option, except for a treatment program rather than order those accused of nonviolent 1st degree larceny. confinement in Connecticut Valley Hospital’s The act also excludes people charged with (1) (CVH) restoration unit. The new option drunk driving or a crime or motor vehicle generally cannot be used by people accused of violation in which another person was killed and serious felonies and certain crimes in which (2) the following specific crimes: physical violence was used against another 1. sexual contact with a child under age person. 16; The act also authorizes judges to order 2. 1st, 2nd, or 3rd degree sexual assault or periodic examinations of incompetent people aggravated 1st degree sexual assault; charged with crimes that caused death or serious 3. sexual assault in a spousal or cohabiting injuries whom they have placed in DMHAS relationship; custody. Under current law, such examinations 4. 3rd degree sexual assault with a firearm; are explicitly permitted only when a judge orders and a person released from custody. 5. 2nd degree manslaughter or assault with a motor vehicle. Civil Commitment Program People accused of other class C felonies may participate if they show good cause for By law, courts must order competency doing so. examinations when there is a question about a criminal defendant’s ability to understand the Custody Orders court proceedings or assist in his defense. A team of mental health professionals conducts the The order placing the defendant in DMHAS examination and submits a court report. Reports custody must assign CSSD as compliance must indicate whether there is a substantial monitor. It must also include provisions: probability that, if treated, an incompetent 1. authorizing the commissioner to initiate defendant will regain competency within the commitment proceedings in the probate

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court; HEALTH CARE INSTITUTION LICENSING, 2. permitting the defendant to agree to FEES, AND CODE COMPLIANCE (§ 28) comply with a treatment plan the agency devises; and Licensing and Fees 3. requiring the person in charge of the treatment facility, or a designee, to give The act extends the licensing period for the court a written progress report when various health care institutions and increases (a) the probate court denies the their licensing fees. It increases the licensing commitment application, (b) DMHAS period for residential care homes from two to decides not to pursue commitment, or three years and the licensing fees from $300 to (c) a defendant who agreed to comply $450 per site and $3 to $4.50 per bed. with a treatment plan stops doing so. It eliminates the biennial renewal and $500 When the court receives a progress report licensing fee for certain “ambulatory facilities” for one of the reasons described above, it must (a term not defined in statute) and imposes hold a hearing. licensing renewal periods and fees on specific types of outpatient facilities as follows: Case Dismissals 1. outpatient dialysis units and surgical facilities—biennial licensure, $500 At the end of the period specified in the licensing fee; court order, judges must approve the entry of a 2. outpatient medical, mental health nolle prosequi or dismiss the criminal charges, if service, and well-child clinics, except the defendant complied with the treatment plan those operated by local health districts and other conditions the court imposed. or nonprofit nursing or community health agencies—quadrennial licensure, Treatment Costs $1,000 fee; and 3. maternity homes—quadrennial Treatment costs are computed and allocated licensure, $200 per site and $10 per bed under existing state medical assistance program fee. rules involving people the probate court civilly commits. Code Compliance

OCCUPATIONAL LICENSING AND FEES By law, the owner of real property or a (§§ 18-27) building on or in which a licensed health care institution (e.g., nursing home, hospital, mental The act extends the licensing period for the health or substance abuse treatment facility, following health-related occupations from one to home health care or homemaker-home health two years, doubles their license renewal fees aide agency, residential care home, etc.) is accordingly, and makes other related changes: located biennially must obtain a DPH certificate 1. nursing home administrators; indicating that the property or building complies 2. massage therapists; with the Public Health Code requirements 3. acupuncturists; concerning property maintenance and repair. In 4. barbers, hairdressers, and cosmeticians; addition, DPH may require the institution’s 5. electrologists; and license holder to show compliance with the code. 6. hearing instrument specialists. Instead of obtaining a DPH certificate, the The act also raises the initial licensing fee act requires property or building owners that are for hearing instrument specialists from $100 to not the institution’s license holder to submit a $200. copy of the lease agreement to DPH indicating For nursing home administrators the two- the person or entity responsible for maintenance year licensing period begins with renewals made and repair. The lease must be submitted after October 1, 2004; for the other licensees it whenever the institution’s license is renewed and begins with renewals after January 1, 2004. whenever the property owner changes. The act requires nursing home administrators to complete at least 40 hours of continuing education every two years instead of 20 hours annually. EFFECTIVE DATE: January 1, 2004

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PUBLIC SCHOOL DAY CARE LICENSING action agencies, and nonprofit corporations, EXEMPTION (§ 29) which are already eligible to obtain MEHIP coverage. These include that (1) participation is Prior law exempted from day care licensing voluntary, (2) the state does not pay requirements child care services that a town administrative costs, and (3) no employees be agency or department offers in a public school refused entry to the plan because of past or future building for students enrolled in that school. The health care costs or claim experience. act removes the requirement that the children The act allows the comptroller to offer served must be enrolled in the school. PCAAs health insurance that is either fully underwritten or on a risk-pool basis. She already EXEMPTING RESIDENTIAL CARE HOMES has the same discretion with plans for nonprofit FROM CON REVIEW (§§ 30, 90) corporation and community action agency employees. The law requires MEHIP plans for The act exempts all residential care homes small employers to be fully underwritten. from the Office of Health Care Access’ (OHCA) The act also specifies that a PCAA certificate of need (CON) review and eliminates procuring health insurance through MEHIP OHCA oversight of them. Under prior law, cannot also be designated a “small employer” these homes were exempt from the CON process under existing health care insurance statutes. unless they were created, acquired, operated, or in any way related to, affiliated with, or under SMOKING AT DOG TRACKS AND the complete or partial ownership of a facility, CERTAIN OTB FACILITIES (§ 33) institution, or affiliate subject to CON review. Thus, the act removes the CON requirement for The act allows smoking in any area of a dog any homes that were not already exempt. track or off-track betting facility with The act eliminates the requirement that simulcasting capacity until April 1, 2004. After exempt residential care homes provide OHCA that date it bans smoking anywhere in such with information about capital projects, facilities. expansion or relocation, service changes or EFFECTIVE DATE: October 1, 2003 termination, change of ownership, or reduction in bed capacity. Under prior law, they had to do MOTOR VEHICLE AND TRANSPORTATION this between 10 and 60 calendar days before any PROVISIONS (§§ 34-41) change or, if they were in operation on June 5, 1998, within 60 days afterward. The act also The act: eliminates the requirement that these homes 1. postpones for two years, until July 1, annually renew their exemption by filing current 2005, the requirement that all licensed information with OHCA. drivers undergo a vision screening performed either by DMV or by a EXTENDING MEHIP TO PERSONAL CARE qualified licensed health care ASSISTANTS (§§ 31-32) professional prior to every second license renewal (§ 34); This act authorizes the comptroller to 2. requires taxicabs to undergo a safety provide health insurance coverage under the inspection every two years at the time Municipal Employees’ Health Insurance Plan of registration renewal rather than every (MEHIP) for members of personal care assistant six months and requires all such associations (PCAA). It defines “association for inspections to be performed at DMV- personal care assistants” as an organization of authorized motor vehicle repairers or personal care attendants employed by recipients limited repairers instead of at either of any of the following: Connecticut Home Care DMV or at such authorized repairers; Program for the Elderly, Personal Care however, the commissioner retains Assistance Program (for people with physical authority to set the fee for taxi disabilities), independent living centers (for inspections (currently $20) (§ 35); people with mental or physical disabilities), or 3. requires service buses to be inspected the Acquired Brain Injury Program. every two years at the time of The act applies a number of parallel registration renewal instead of annually, requirements for PCAA participation that apply eliminates the fee exemption for service to small employers, municipalities, community buses owned by the state or a

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municipality, sets a fee of $40 for the Assistance (TFA) for reasons other than having biennial inspection (currently $20 for exhausted the TFA program time limits) receive annual inspections), and requires payments identical to those provided under the inspections to be performed by DMV- TFA program. For example, a family of three authorized motor vehicle repairers or previously received $543 per month; under the limited repairers instead of by DMV (§ act this falls to $293 per month. (But the act 36); makes it easier for most, if not all of these 4. eliminates DMV’s responsibility to families to qualify for TFA, see § 80.) assign a DMV inspector to monitor Under the act, the payments DSS makes for motor vehicle racing events or individuals residing in rated boarding facilities exhibitions and makes related changes will stay the same as they are on August 31, (§§ 37-39); 2003. (DSS regulations make four types of 5. increases the fees currently set by the boarding facilities eligible for SAGA cash Department of Transportation for using payments, such as private homes licensed by the Chester-Hadlyme and Rocky Hill DMR.) Connecticut River ferries from $2.25 The act eliminates state reimbursement to per vehicle and driver to $5.00 and from towns for any GA medical expenses incurred $0.75 to $1.75 per additional passenger, after September 30, 2003 or for any GA cash walk-on, or bicycle (§ 40) (§ 8 of PA benefits or program administrative costs incurred 03-1, September 8 Special Session after February 29, 2004. (Norwich is the only allows the commissioner to discount town currently running its own GA program.) these fares for regular ferry The commissioner must implement this change commuters); and regardless of whether certain existing SAGA and 6. decreases from $14.6 million to $12.5 town GA statutes contain contrary provisions. million the portion of the Town Aid The act continues prior law’s cash assistance Road allocation that is distributed to eligibility requirements, such as requiring the towns based on the formula of $1,500 applicant to be at least 18 years old and have per mile for the first 32 miles of assets of no more than $250. improved road in the town with the remainder distributed pro rata based on SAGA MEDICAL ASSISTANCE (§ 43) the ratio of the town’s population to the state’s population (§ 41). Under prior law, the DSS commissioner had EFFECTIVE DATE: Upon passage with the to run a SAGA medical assistance program for vision screening provision applicable as of July people who were ineligible for Medicaid, and 1, 2003. she had to run it like she ran the Medicaid program and pay for services using the same SAGA—CASH ASSISTANCE REDUCTIONS, rates established for Medicaid-covered services. ELIMINATION OF REIMBURSEMENT TO The services provided were the same as those NORWICH (§ 42) available under Medicaid, but they excluded the following: nonemergency medical transportation, The act reduces SAGA and GA cash eye care, optical hardware and optometry, payments, starting no earlier than September 1, podiatry, chiropractic, naturopathy, home health 2003, but no later than October 1, 2003, as care, long-term care, and services available follows: through a Medicaid home and community based services waiver. Prior law also required the DSS Prior New commissioner to implement a managed care Category of Single Recipient Monthly Monthly Benefit Benefit program for medical services provided under Unemployable $350 $200 SAGA medical (she never did this) and allowed Transitional—pays shelter $200 $200 her to enter into contracts to do so. Transitional—does not pay shelter $150 $50 Contracts With Fqhc Or Other Providers Also by those dates, the act requires that eligible families receive $50 less than what they The act restructures the SAGA medical formerly received. Previously, family cases assistance program. Beginning no later than (those who do not qualify for Temporary Family October 1, 2003, the act makes anyone eligible

2003 PA Summary Book Part II 444 2003 JUNE 30 SPECIAL SESSION for SAGA entitled to receive medical care with a managed care organization or other entity through a federally-qualified health center to perform administrative functions. She must (FQHC) or other primary care provider the create a methodology for paying for ancillary commissioner specifies and authorizes the and specialty services, and pay them within commissioner to contract with these entities as available appropriations. needed to provide services to eligible people. Provisions of any contract into which the Pharmacy commissioner enters supersede any inconsistent provision in the regulations. Previously, SAGA Beginning October 1, 2003, the act requires medical assistance was provided on a fee-for- pharmacy services to be provided to SAGA service basis. recipients through the FQHC to which they are The act requires recipients of town GA to assigned or through a pharmacy with which the also be assigned to the FQHCs or other providers FQHC has a contract. Before then, pharmacy in the same manner as those recipients in the benefits must be provided as they are to state-run program. Medicaid recipients. SAGA recipients who are assigned to a community health center or similar Services clinic or primary care provider other than an FQHC, and those enrolled in FQHCs that do not The commissioner must determine have pharmacy contracts, receive their pharmacy appropriate service areas and contract with benefits at pharmacies the DSS commissioner community health centers, other clinics, and designates. other primary care providers to assure primary The act increases from $1 to $1.50 the care access for recipients who do not live prescription co-payment SAGA recipients must reasonably close to an FQHC. She must assign pay. But it eliminates the $1 co-payment for and enroll eligible SAGA and town GA medical services under prior law. recipients with an FQHC or other provider The act requires each contracting FQHC, contracted for the program. The act also entitles within 30 days of its passage, to enroll in the these individuals to hospital services. The act federal Office of Pharmacy Affairs Section 340B limits the medical services to those already drug discount program to provide pharmacy offered by the FQHC, hospital, or other provider. services to SAGA medical assistance recipients The act requires the DSS commissioner to at the federal supply schedule (lower) cost. It ensure that ancillary and specialty services are permits any of the FQHCs to establish an on-site provided by a center, hospital, or other provider. pharmacy or contract with a commercial Ancillary services include, but are not limited to, pharmacy to provide these services. Existing radiology, laboratory, and other diagnostic law, which the act does not change, permits DSS services not available from an assigned primary to contract with FQHCs. care provider, and durable medical equipment. Specialty services are those provided by a Eligibility physician with a specialty that are not included in the ancillary services. The act limits ancillary The act codifies existing regulations by and specialty services to those provided under requiring the income eligibility criteria for SAGA as of July 1, 2003. SAGA medical assistance to be the same as the “medically needy component” of the Medicaid Payments program, except it allows DSS to disregard up to $150 of monthly earned income. Unearned The act requires the commissioner, within income is not disregarded. (The medically needy available appropriations, to make payments to component of Medicaid covers certain pregnant FQHCs and hospitals for inpatient services based women and individuals who are aged, blind, or on their pro rata share of the cost of services disabled. That program allows a smaller amount provided, the number of clients served, or both. of earnings to be disregarded but also allows She must create a methodology for paying the unearned income to be disregarded since most other providers, and pay them within available recipients receive Social Security income. The appropriations. The commissioner can income limit for that program is 143% of the reimburse for extraordinary medical services, TFA need standard for the assistance unit’s size.) provided these services are documented to her The act also codifies the $1,000 asset limit, satisfaction. She is also permitted to contract which is already in regulations.

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Waiver It eliminates language pertaining to towns providing medical assistance to someone who is The act requires the DSS commissioner to unable to pay his medical bills over a two-year apply for a federal Health Insurance Flexibility period. And it eliminates a requirement that the and Accountability (HIFA) waiver by March 1, DSS commissioner adopt regulations 2004 to increase the number of SAGA-eligible establishing these standards and requirements, as individuals who can get Medicaid coverage. well as those (1) permitting an earned monthly (HIFA allows states to use either Medicaid or gross income disregard of up to $150 (2) federal State Children’s Health Insurance requiring towns to distribute monthly financial Program (SCHIP) funds to pay for health care assistance through a central distribution location, initiatives that cover individuals not traditionally (3) requiring recipients to present identification served by those programs.) The existing when receiving assistance, and (4) prohibiting legislative waiver approval process applies to towns from charging a fee for distributing this waiver. assistance. Additionally, it eliminates a requirement that APPEALS (§ 44) DSS adopt regulations concerning audits of all GA programs. The act continues to permit applicants or Finally, it eliminates provisions requiring recipients of SAGA (both cash and medical regulations for recoveries of reimbursements assistance) who are aggrieved by a DSS DSS makes to towns based on audit findings and commissioner decision to request an appropriate sanctions for noncompliance with administrative hearing. But, under the act, no (1) standards. applicant for either type of benefits or (2) recipient of cash assistance can receive or SAGA DEFINITIONS (§ 46) continue receiving these benefits pending a hearing decision. It specifies that DSS must The act generally re-states, conforms to continue paying medical assistance recipients’ regulations, and amends existing definitions for benefits while their appeal is pending. employable, transitional, and unemployable Under regulations, SAGA recipients who individuals. In general, these are identical to were appealing a decision to terminate benefits those already in state law or agency regulations. could previously continue to receive cash or It changes the definition of an “employable” medical benefits pending the outcome of the person. Currently, this person must not have a administrative hearing. physical or mental impairment. The act instead specifies that an impairment must prevent the IMPLEMENTING POLICIES AND person from engaging in a work, education, or PROCEDURES BEFORE REGULATIONS; training activity, which is the standard used for REPEAL OF PAYMENT STANDARDS AND the transitional and unemployable categories. OTHER ADMINISTRATIVE PROVISIONS (§ Under the definition of “transitional” 45) individuals, the act removes some of the statutory details about a person’s connection to The act requires the DSS commissioner to the labor market. Regulations still contain these implement policies and procedures necessary to details, such as the requirement that he must carry out the act’s provisions regarding SAGA, have worked and earned $500 or more in each of including the appeals, while in the process of three of the last five calendar quarters. adopting regulations. She must publish notice of Under prior law, in addition to the labor intent in the Connecticut Law Journal within 20 market connection and the short-term disability days of implementation. The policies and criteria, someone could be considered procedures are valid until the final regulations transitional if he had a mental illness or take effect. The commissioner must also amend substance abuse problem and was in an approved any existing regulations as needed to conform treatment plan until DMHAS implemented its with the act’s provisions. basic needs supplement program. DMHAS The act makes conforming changes, such as implemented this program in 1998, making this eliminating provisions that establish the prior criterion obsolete. payment standards for SAGA and town GA (i.e., The act continues to require substance the $350, $200, and $150 levels), consistent with abusers to participate in treatment and makes the reductions in § 42 of the act. them eligible for cash while awaiting assistance.

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The act specifies that the DSS the law. commissioner, when making determinations about disabilities or impairments that are APPEALS OF SUPPLEMENTAL SECURITY expected to last at least six months, must make INCOME (SSI) DENIALS (§ 49) them based on recommendations made by a medical review team. DSS caseworkers currently The act conforms law to practice by assemble medical information and send it to a requiring DSS to advise SAGA clients of their contractor (Colonial Cooperative Care), which right to appeal SSI denials and the availability of conducts unemployability determinations. legal counsel paid by DSS. It also eliminates a reference to town general assistance. BEHAVIORAL HEALTH MANAGED CARE (§ 47) NURSING HOME RATES, NURSING HOMES IN RECEIVERSHIP, ICF/MR RATES (§ 50) By law, DMHAS must run a behavioral health managed care program, within available Nursing Home Rates appropriations, for eligible people needing such services. Previously, unemployable, transitional, The act generally freezes Medicaid and employable people who were eligible for payments to nursing homes at their June 30, SAGA or town GA cash or medical assistance 2003 level for FY 2003-04 and the first half of could participate in this program. The act FY 2004-05 and schedules a 1% increase for specifies that only people eligible for SAGA January 1, 2005. However, homes that would medical assistance can participate in this have received a lower rate on July 1, 2003 or program. 2004 than they had for the prior fiscal year because of their interim rate status or agreement BURIALS FOR INDIGENTS (§ 48) with DSS will receive that lower rate until the January 1, 2005 increase, which also applies to By law, when someone in a town, or sent them. from such a town to a licensed institution or state The act also prohibits the DSS humane institution, dies in that town and does commissioner from otherwise adjusting a not leave a sufficient estate for a proper burial nursing home’s annual reimbursement rate for and funeral, the town must provide such a burial. FYs 2003-04 and 2004-05 for any reason other Under prior law, the town could spend up to than to (1) reflect the act’s permitted percentage $1,200 for the burial and the state reimbursed the increase, (2) lower a rate, or (3) include town for these costs, which were considered GA extraordinary and unanticipated costs allowed expenditures, even if the deceased never received under existing law, which allows inclusion of assistance. The act continues to require DSS to these items if they provide services to avoid an reimburse towns up to this amount, but requires, immediate negative impact on patients’ health instead of allows, the town to spend its own and safety. funds up front. And it requires the chief executive officer of the town, instead of the Rates for Nursing Homes in Receivership Upon selectmen or public official charged with running Their Sale the GA program, to provide the funeral and burial. The act prohibits the interim reimbursement It is not clear what the effect of this rate DSS sets to take effect on the sale of a provision will be. In practice, DSS pays funeral nursing home in receivership from exceeding the directors directly for virtually all indigents in pre-receivership rate, subject to the annual SAGA towns, even if the individual never increases the act allows. But if that results in a received SAGA, with no town involvement. In rate below the median rate for the facility’s peer Norwich, the town pays for the burial and DSS grouping, the act allows the commissioner, in her reimburses it. The acts requires the towns to discretion, to give the facility a higher rate up to provide the burials, with DSS reimbursing them, the median rate. The commissioner can only regardless of whether they administer a GA exceed the median rate if the OPM secretary, program. after reviewing area nursing home bed The act eliminates a minimum $25 fine that availability and other pertinent factors, can be imposed on anyone who buries or causes authorizes a higher rate. to be buried any such individual in violation of

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The law establishes two geographic “peer the Appropriations and Human Services groupings” of nursing homes for each level of committees. care (there are two levels: chronic and convalescent care homes and rest homes with PHARMACY REIMBURSEMENT CUT (§ 52) nursing supervision) for the purpose of determining rates and allowable costs One peer The act reduces pharmacies’ per- grouping is for facilities in Fairfield County and prescription dispensing fee from $3.60 to $3.30 the other is for facilities in the rest of starting October 1, 2003 in the Medicaid, SAGA, Connecticut. town General Assistance (Norwich), Connecticut Pharmaceutical Assistance Contract to the ICF/MR Rates Elderly and Disabled (ConnPACE), and the Connecticut AIDS Drug Assistance programs. The act generally freezes Medicaid But it allows DSS to provide an enhanced payments to intermediate care facilities for dispensing fee to a pharmacy enrolled in the people with mental retardation at their June 30, federal Office of Pharmacy Affairs Section 340B 2003 level for FY 2003-04 and schedules a ¾ % drug discount program or a pharmacy under increase for July 1, 2004. However, facilities contract to provide services under that program. that would have received a lower rate on July 1, 2003 than they had for the prior fiscal year FEE SCHEDULES FOR DURABLE MEDICAL because of their interim rate status or agreement EQUIPMENT, OTHER SERVICES AND with DSS receive that lower rate starting July 1, DEVICES (§ 53) 2003 until the July 1, 2004 increase, which also applies to them. The act allows the DSS commissioner to modify the Medicaid fee schedules for durable Residential Care Homes medical equipment, medical surgical supply, oxygen, orthotic and prosthetic devices, and The act requires the DSS commissioner to hearing aids, as well as applicable regulations, allow actual debt service (principal, interest, and policies, procedures, or purchase of service a repair and replacement reserve on the loan) to contracts to achieve the FY 2003-04 and FY be used in place of otherwise allowed property 2004-05 budget expenditure reductions. If such costs in residential care homes’ reimbursement modifications require revisions to state rate calculations under certain conditions, regulations, the act allows the commissioner to whether the debt service is higher or lower than make the modifications while in the process of the allowed property costs. Under the act, the adopting the regulations as long as she publishes commissioner must do this only if she notice of the modifications in the Connecticut determines that a loan the Connecticut Housing Law Journal within 20 days of their Finance Authority is to issue to the home is implementation. The act allows these reasonable in relation to the useful life and modifications to include, but does not limit them property cost allowance in DSS regulations to: setting out various factors used in rate 1. a change in the reimbursement for calculations. customized manually priced devices (e.g., customized wheelchairs) to a MEDICAID DISEASE MANAGEMENT (§ 51) formula based on a percentage of list or acquisition costs; The act requires the DSS commissioner to 2. a percentage reduction in payments to design and implement a care enhancement and all other durable medical equipment, disease management initiative, which must medical surgical supply, oxygen, provide for an integrated and systematic orthotic and prosthetic devices, and approach to managing high cost Medicaid hearing aid providers; recipients’ health care needs. It allows the 3. application of rental costs to the commissioner, regardless of other statutes, to purchase price when DSS purchases implement this initiative by contracting with an the same durable medical equipment entity that has an established and demonstrated for a beneficiary that was previously capability in disease management initiative rented for him; and design and implementation. The commissioner 4. selection of one or more vendors to must report annually on the initiative’s status to provide such equipment, services, and

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devices through a competitive bidding HUSKY B—COST SHARING AND SERVICE process. COMPARABILITY TO MANAGED CARE The act also prohibits these modifications ORGANIZATIONS; PRESUMPTIVE from resulting in savings less than those adopted ELIGIBILITY ELIMINATION (§ 56) in the FY 2003-04 and 2004-05 budget. The act requires the HUSKY B services and SCHOOL-BASED CHILD HEALTH cost-sharing requirements to be substantially PROGRAM (§ 54) similar to the services and cost sharing requirements of the largest commercially Starting with FY 2003-04, the act reduces available managed care organization offered to DSS grants to towns and regional school districts state residents, as measured by the number of that participate in the School-Based Child Health covered lives reported to the Insurance Program. It reduces them from 60% to 50% of Department in the most recent audited annual the federal portion of Medicaid claims the state report. processes for Medicaid-eligible special education Previously, HUSKY B participants had and related services provided to the towns’ access to the same services that are available to Medicaid-eligible students. (The federal children enrolled in the Medicaid (HUSKY A) government reimburses the state 50% of what it program. spends on Medicaid.) The act eliminates a requirement that DSS do presumptive eligibility for children applying HUSKY B COST SHARING—CAPS AND for Medicaid. Presumptive eligibility allows for PREMIUMS (§ 55) faster eligibility determinations. The act eliminates the DSS commissioner’s The act requires, rather than allows, the DSS authority to send copies of enrollment data to the commissioner to impose cost sharing on HUSKY Children’s Health Council. (PA 03-1, June 30 B participants. She must do it to the extent Special Session, eliminated the council’s permitted by federal law. funding.) Under prior law, DSS required cost sharing by families as follows: families with incomes PRESUMPTIVE ELIGIBILITY (§ 57) between 185% and 235% of the federal poverty level (FPL) had a $650 cap on cost sharing The act makes a conforming change by payments. Families in the 235% to 300% of the eliminating a requirement that the DSS FPL range had a $1,250 cap. The act permits the commissioner, within available appropriations, commissioner, beginning October 1, 2003, to contract with qualified entities that are increase the caps, provided that they are no authorized to make applicants for Medicaid higher than 5% of the family’s gross income. presumptively eligible for assistance. Federal regulations (42 CFR § 457.560) prohibit states from imposing premiums, enrollment fees, CONNPACE ASSET TEST (§ 58) co-payments, or other cost sharing that in the aggregate exceed 5% of a family’s total income. The act imposes an asset test on ConnPACE The act also allows the commissioner to participants. Single participants’ “available impose a premium requirement on families in the assets” must be below $100,000 and married 185% to 235% income range as part of the couples must have less than $125,000. Available overall cost-sharing cap. Previously, these assets are those considered available under the families paid no premiums but were responsible Connecticut Home Care for Elders Program for paying nominal co-payments, up to the cap. (mainly liquid assets such as bank deposits and Families in the 235% to 300% of FPL range investments in stocks or bonds, not the family’s already pay monthly premiums of $30 per child primary home or certain other excluded assets). with a maximum monthly premium of $50. EFFECTIVE DATE: October 1, 2003 The act eliminates a requirement that the DSS commissioner submit changes to maximum CONNPACE ESTATE RECOVERY, PUBLIC aggregate cost sharing to the Human Services, ASSISTANCE, AND ANNUITY Appropriations, Insurance, and Public Health RECOVERIES (§ 59) committees, which could approve, deny, or modify these changes. The act gives the state a claim, starting EFFECTIVE DATE: October 1, 2003 September 1, 2003, against deceased ConnPACE

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 449 beneficiaries’ estates to recoup ConnPACE submitted in 2002, is approved. Waiver benefits paid. The change applies to deaths on or approval would change the start date of penalty after September 1, 2003 and allows recoupment periods for “inappropriate” asset transfers from only of benefits the deceased person actually the date the transfers occurred to the date the received on or after July 1, 2003. person otherwise would become eligible for Also for estate recovery purposes, the act Medicaid. (A “penalty period” is a period of makes all annuity sums due on or after July 1, time during which Medicaid will not pay for 2003 to anyone after a public assistance long-term care because assets were transferred recipient’s death part of the deceased person’s for less than fair market value, generally within estate, if the annuity contract was purchased with three years and, if a trust was created five years. the assistance recipient’s assets. Consequently, The penalty period is calculated based on how this money becomes accessible to the state for much long-term care the transferred assets would repayment of public assistance benefits. It makes have covered.) The waiver would also change the annuity beneficiary solely liable to the state the look-back period from three years to five for repayment of assistance granted to the years for real estate transfers and exempt small deceased person up to the amount of the amounts of transfers from the penalties. payments the annuity beneficiary receives. This The act: provision also applies to estates of recipients of 1. codifies existing DSS regulations public assistance, such as Medicaid, TFA, specifying that any asset transfer SAGA, or State Supplement, and to ConnPACE resulting in a penalty period will be recipients. presumed to be intended to enable the transferor to become or remain eligible CASH ASSISTANCE PROGRAM BENEFIT for Medicaid and allows rebuttal of this FREEZES (§ 60) presumption only by clear and convincing contrary evidence; The act continues for another two years the 2. requires that such transfers resulting in freeze on benefits paid to TFA, SAGA, and GA penalty periods also create a “debt” as program participants. (But § 42 of the act defined in the state Creditors’ actually lowers the SAGA and GA benefits). Collection Practices law that the transferor or transferee owes DSS a sum STATE SUPPLEMENT PROGRAM BENEFIT equal to assistance DSS gave to or on FREEZE (§ 61) behalf of the transferor on or after the transfer date, up to the assets’ fair The act continues for the next two fiscal market value on that date, and years the freeze on the adult payment standard authorizes the DSS and Department of (need standard) in the State Supplement Administrative Services commissioners Program. But it authorizes the DSS and the attorney general to seek commissioner to increase the personal needs administrative, legal, or equitable relief allowance component of the standard as as allowed in other statutes or common necessary to meet federal maintenance of effort law; requirements. (Federal law requires state 3. allows the DSS commissioner, at a supplement programs to maintain benefits at a nursing home’s request, to grant the certain level or they risk losing federal matching home financial relief if the home Medicaid funds.) establishes that it (a) is experiencing severe financial hardship because of the LONG-TERM CARE TRANSFER OF ASSETS change in the asset transfer penalty CHANGES (§ 62) period start date and (b) has made every legally permissible effort to recover the The act makes several changes related to the transferred funds owed it; effects of transfers of assets for less than fair 4. prohibits a nursing home from market value on eligibility for Medicaid long- requesting relief until the patient has term care (nursing homes and home care) been in the home for at least 90 days coverage. Most of the changes are in preparation without payment and, if DSS agrees to for federal approval of Connecticut’s Medicaid grant relief to the home by providing waiver request in this area and will not have a Medicaid payments, requires DSS, by practical effect until the waiver, which the state all means available under state and

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federal law, to recoup the money from occur before the community spouse is allowed to the patient and the transferee; retain assets above the federally mandated 5. allows the commissioner to waive the community spouse protected asset limit (this penalty period when the transferor (a) concept is called “income first”). The act also suffers from dementia when he applies allows the DSS commissioner to implement this for Medicaid and cannot explain the change while still in the process of adopting transfers, (b) suffered from dementia at regulations, as long as she prints the notice of the time of the transfer, or (c) was intent in the Connecticut Law Journal within 20 exploited into making the transfer, but days of adopting the policy. The policy is valid specifies that waiving the penalty period until final regulations take effect. does not prohibit establishing a debt as described above (under current BOARD OF EDUCATION AND SERVICES regulations, the commissioner has a TO THE BLIND (BESB) VENDING general right to waive imposition of the PROCEEDS (§§ 64-65) penalty period if the transfer was made for a purpose other than to qualify for The act expands the purposes for which Medicaid or if its imposition poses an funds in BESB’s Business Enterprise Program undue hardship on the applicant in that (BEP) account (vending income) can be used to he is threatened with eviction from the include vocational rehabilitation programs and home and the transferred assets cannot services for adults who are blind. The funds can be recovered from the transferee); already be used to pay the fringe benefits, 6. extends the look-back period for real training, and support to vending facility estate transfers from three years to five operators, and to provide entrepreneurial and years, except for transfers that are independent living training and equipment to exempt under DSS regulations, if the blind adults and children who are blind or federal waiver is approved (transfers visually impaired. that do not involve real property remain The act requires $283,000 to be disbursed subject to the current look-back period from the BEP account in FY 2003-04 to contained in federal law, which is three terminate the contract that BESB’s Blind years generally and five for trusts); Industries Program had to make tee shirts. It also 7. allows the commissioner to establish requires not more than $500,000 to be disbursed threshold limits for total annual to fund competitive employment or assisted transfers allowed during the look-back employment of blind and visually impaired period without resulting in a penalty adults. Funding for the Blind Industries Program period; and was eliminated in the FY 2003-05 budget. 8. lets the commissioner implement policies and procedures needed to carry HOSPITAL DISPROPORTIONATE SHARE out these changes while still in the PAYMENTS (§ 66) process of adopting regulations, if she publishes the notice of intent in the The act allows DSS, within available funds, Connecticut Law Journal within 20 to make disproportionate share (DSH) payments days after implementation (such to short-term general hospitals located in policies and procedures remain valid targeted investment communities with enterprise until final regulations take effect). zones with a population over 100,000 (Stamford). This is in addition to existing DIVERSION OF INCOME FROM authority for DSH payments to such hospitals in INSTITUTIONALIZED SPOUSE ON distressed municipalities with populations over MEDICAID (§ 63) 70,000, which the act also makes permanent.

The act requires someone who is applying FREEZE ON HOSPITAL OUTPATIENT AND for Medicaid in a nursing home and has a spouse INPATIENT RATES (§§ 67-68) living in the community to divert the maximum allowable income to the community spouse to The act freezes, through June 30, 2005, the raise that spouse’s income to the level of the Medicaid rate paid to hospitals for outpatient federally required minimum monthly needs services. allowance. The act requires this diversion to

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 451

The act also prohibits the DSS FUND TRANSFERS TO DSH ACCOUNT (§ commissioner from applying an annual 71) adjustment factor to the hospital inpatient target amount per discharge through September 30, The act allows the OPM secretary to transfer 2005. certain budget appropriations from the University of Connecticut Health Center to the DENYING PRESCRIPTIONS FOR FAILURE DSS disproportionate share account to maximize TO PAY CO-PAYMENTS (§ 69) federal reimbursement.

By September 30, 2003, the act requires the HUSKY A (MEDICAID FOR CHILDREN DSS commissioner to submit a Medicaid state AND CERTAIN CARETAKER ADULTS) (§§ plan amendment to allow pharmacies to refuse to 72-73) fill Medicaid prescriptions, except those for psychotropic therapies, for program beneficiaries Service Package who demonstrate a documented and continuous failure to pay co-payments in spite of their The act requires the managed care plan for ability to make them. Federal regulations (42 people enrolled in the HUSKY A program to (1) CFR § 447.53) prohibit Medicaid providers from be substantially similar to the state employee denying services to individuals who are “Non-Gatekeeper POE Plan” as of the date the Medicaid-eligible based on their inability to pay act passes (August 20) and (2) comply with all the program’s cost sharing requirements. federal Medicaid rules. Continuous failure is defined as failure to (1) The act specifies that the DSS make required co-payments within six months commissioner, in consultation with OPM, must from when a prescription is filled or (2) make enter into contracts with managed care required co-payments on six or more organizations (MCOs) to provide these services prescriptions when these prescriptions are filled regardless of any existing statute. (HUSKY A during any six-month period. children and certain caretaker relatives already receive their benefits from MCOs contracting MENTAL HEALTH ADULT with the department.) REHABILITATION SERVICES (§ 70) Cost Sharing The law requires the DSS commissioner to amend the state’s Medicaid plan to provide For FYs 2003-04 and 2004-05, the act sets a coverage for optional adult rehabilitation maximum $3 co-payment for HUSKY A medical services for DMHAS clients. The act requires services and a $1.50 cap for prescription drugs. that, for FYs 2003-04 and 2004-05, up to $3 PA 03-2 required DSS to impose $1 co- million of any money the state receives as payments, beginning April 1, 2003, for federal reimbursement for these services must be prescriptions and medical services on the credited to the Community Mental Health Medicaid, non-managed care population. DSS Restoration subaccount. It requires the DSS applied the $1 prescription co-payment to the commissioner to (1) adopt regulations to HUSKY A population as well under separate implement these optional Medicaid services and authority. In addition, the act requires the DSS (2) implement policies and procedures to commissioner to direct the MCOs to assess administer them while in the process of adopting monthly cost sharing as follows: the regulations, as long as the notice of intent to adopt the regulations is printed in the Monthly Monthly Family Connecticut Law Journal within 45 days of Premiums—Per Cap Family Income Person implementation (the act makes the policies or 50% to 100% of FPL $10 $25 procedures valid until the final regulations take 100% to 185% of FPL $20 $50 effect). The act also removes obsolete language concerning a study that has been completed. Previously, HUSKY A required no cost The amendment must allow for a resumption sharing. of drug benefits once the beneficiary pays all of Individuals participating in HUSKY A but his outstanding co-payments. not enrolled in managed care must be assessed EFFECTIVE DATE: Upon passage similar co-payments and premium requirements. The act permits the DSS commissioner to deny

2003 PA Summary Book Part II 452 2003 JUNE 30 SPECIAL SESSION coverage or discontinue HUSKY A eligibility with this provision by July 1, 2004. Under prior when a recipient falls two months behind in law, the court could choose any responsible making premium payments. But the termination individual except a state employee, the failing cannot occur until 30 days after the client is nursing home’s owner or administrator, or any notified. (Federal Medicaid law gives individuals other person with a financial interest in it. The the right to appeal benefit terminations.) act continues to prohibit these individuals from The act requires the DSS commissioner to acting as a receiver for the home they are amend the state’s Medicaid plan and to seek any involved with. It also prohibits any receiver necessary waivers to carry out these provisions. from having a financial interest in that home It requires her to implement the changes while in either currently or for five years after the the process of adopting necessary policies and receivership ends. procedures in regulation form. Federal regulations (42 CFR § 447.52, et. NURSING HOME RECEIVER POWERS (§ 77) seq.) limit what cost sharing can be imposed on Medicaid recipients, both in terms of the actual The act requires a nursing home receiver, amount that can be charged, as well as who can within 90 days after his appointment, to: be required to pay (e.g., pregnant women and 1. determine whether the facility can children under the age of 21 cannot be required continue to operate, provide adequate to pay cost sharing). care, and substantially comply with The act applies all of the definitions in the federal and state law within the limits of HUSKY B program to the HUSKY A program. state payments, income from self-pay residents, Medicare payments, and other NURSING HOME WAITING LISTS (§ 74) current income; 2. report his determination to the court; The act allows a nursing home to admit an and applicant seeking to transfer from a nursing 3. seek facility purchase proposals. home that is closing without regard to the state’s If the receiver determines that the facility waiting list law, which generally requires homes cannot continue to operate in compliance with to admit patients on a first-come, first-served these requirements, he must request an basis. immediate court order to close it and must arrange for the residents’ orderly move to FOOD STAMP PROGRAM SIMPLIFICATION another facility under existing procedures, unless AND IMPROVED ACCURACY (§ 75) he expects such a transfer to a qualified purchaser within 90 days. If this transfer is not The act allows the DSS commissioner, in completed within 180 days after the receiver’s accordance with federal law, to implement a appointment, the act requires the receiver to policy to simplify the Food Stamp program’s request an immediate court order to close the administration and increase its payment facility and arrange for the residents to move. accuracy. It allows her to implement this policy while still in the process of adopting it as a NEED FOR PERMISSION FROM DSS FOR regulation, as long as she publishes notice of COURT-ORDERED NURSING HOME intent in the Connecticut Law Journal within 20 CLOSURES ELIMINATED (§ 78) days of implementation. The law requires nursing homes that transfer CHOICE OF NURSING HOME RECEIVERS ownership or control before being initially (§ 76) licensed, add or expand services, terminate services, or substantially decrease bed capacity The act requires a court, in appointing a to request permission from DSS for the change receiver for a nursing home, to choose only a and, at the same time, to notify the Office of the responsible individual (1) whose name the DSS Long-Term Care Ombudsman. This act exempts and DPH commissioners propose and (2) who is Superior Court-ordered receivership-related a Connecticut-licensed nursing home closures from this requirement. But it still administrator with substantial experience in requires the facility in receivership to notify the operating Connecticut nursing homes. The DSS ombudsman’s office when it is closed by the commissioner must adopt regulations setting Superior Court’s order. qualifications for proposed receivers consistent

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PATHOLOGIST REIMBURSEMENT (§ 79) loans.

The act requires DSS to reimburse licensed PHARMACISTS’ PROCEDURE UNDER pathologists who provide medical services to PRIOR AUTHORIZATION (§ 82) people under DSS-administered programs for the services’ professional component with no The act requires pharmacists, when filling distinction as to whether the service is provided prescriptions under Medicaid, ConnPACE, in a hospital or outpatient setting. It limits this Connecticut AIDS drug assistance, or SAGA, to rate to no more than the prevailing rate for fill the prescription using the most cost-efficient similar physician services. And the act prohibits dosage, consistent with the prescribing any increase in reimbursement from exceeding a practitioner’s instructions, unless the pharmacist total of $150,000 for each of the next two fiscal receives permission to do otherwise under the years. state’s prior authorization plan.

TEMPORARY FAMILY ASSISTANCE MEDICAID PHARMACEUTICAL AND (TFA)—FAMILY COMPOSITION (§ 80) THERAPEUTICS COMMITTEE AND PREFERRED DRUG LIST (§ 83) The act changes the family composition requirements for TFA eligibility to allow more The act changes the composition of the families to qualify. Under current regulations, to Medicaid Pharmaceutical and Therapeutics qualify for TFA, the applicant must be (1) Committee created last year by PA 02-1, May 9 pregnant; (2) a parent or parents of a minor child Special Session. Previously, the law required (or an 18-year-old who is a full-time secondary that there be an 11-member committee, school student); or (3) a caretaker who is related appointed by the governor, consisting of five to the child by blood, marriage, or adoption, or physicians, five pharmacists, and one consumer who is a spouse or former spouse of a blood representative, and at least one of these had to be relative. The act, to the extent the DSS a representative of pharmaceutical commissioner determines that this is permitted manufacturers. The act increases the by federal law, (1) codifies the above criteria membership to 14. It specifies that the five and (2) allows the caretaker to be the child’s physicians must include one general practitioner, legal guardian or be pursuing legal guardianship. one pediatrician, one geriatrician, one Previously, families with guardian caretakers or psychiatrist, and one family planning specialist. those pursuing guardianship could only get cash It reduces the number of pharmacists to four. assistance through the SAGA or GA program. But it adds (1) two members who are visiting Under the act, if the commissioner expands nurses (one specializing in adult care and one in TFA eligibility consistent with federal law, she psychiatric care), (2) one member who must be a may administratively transfer SAGA cash clinician designated by the mental health and assistance cases to TFA without following the addiction services commissioner, and (3) one usual enrollment and eligibility procedures. If a representative of pharmaceutical manufacturers. change in federal law later makes the family Under the prior law, at least one of the ineligible for TFA, she can administratively physicians or pharmacists had to represent a transfer them back to SAGA. pharmaceutical manufacturer; this act limits the manufacturers’ representative to one, but gives REFINANCING COSTS ALLOWED IN RATE him his own membership slot. It maintains the CALCULATION FOR DMR GROUP HOMES one consumer representative. The act allows the (§ 81) committee, on an ad hoc basis, to ask other state agencies or interested parties to participate in its The act permits the DSS commissioner to deliberations. It requires the DSS commissioner, allow mortgage refinancing fees to be included or her designee, to convene the committee after in allowed room and board costs in the rate it the governor makes his appointments. (The law pays to private group homes for people with requires the committee to convene by March 31, mental retardation and residential facilities 2003.) operated by regional education service centers. The law requires DSS to adopt a preferred But she may only allow this if the refinancing drug list for its Medicaid program by July 1, will result in state savings after comparing costs 2003 in consultation with the Medicaid and over the terms of the existing and proposed Pharmaceutical Therapeutics Committee (PA 03-

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2, § 19). This act requires that the preferred drug CHRONIC DISEASE HOSPITAL AND list be used in the Medicaid and ConnPACE NURSING HOME PILOT (§ 87) programs and that the list and the committee’s functions also apply to the SAGA program. The By July 1, 2004, the act requires DSS to act limits the preferred drug list to three classes implement, within available Medicaid funding, a of drugs for FY 2003-04: proton pump inhibitors nursing home pilot project in Greater Hartford and two other classes that the DSS commissioner with a chronic disease hospital (1) co-located determines. The commissioner must notify the with a skilled nursing facility and (2) that has the Human Services and Appropriations committees facilities, medical staff, and all personnel needed of the drug classes on the list by January 1, 2004. for diagnosis, care, and treatment of chronic or By law, one of the committee’s functions is geriatric mental conditions requiring prolonged to make recommendations to DSS regarding hospital or restorative care. It defines “chronic prior authorization of prescribed drugs. This act disease hospital” for this purpose using the specifies that these recommendations must be in above enumerated criteria. accordance with the prior authorization plan already developed and implemented under CASE MANAGEMENT REIMBURSEMENT existing law. (§ 88)

PRIOR AUTHORIZATION–BRAND NAME The act allows the DSS commissioner to VS. GENERIC DRUGS (§ 84) reimburse DMHAS for targeted case management services it provides to its target The law generally requires prior population, regardless of other state law or authorization for pharmacists to dispense brand regulation. The act defines the target population name drugs under Medicaid, SAGA, GA or to include people with severe persistent ConnPACE if a chemically equivalent generic psychiatric illness and those with persistent drug is available at a lower cost. The act substance dependence. removes the requirement that the generic drug cost less and instead requires dispensing the FUND TRANSFER FROM PRIVATE brand name drug in cases where it is less costly PROVIDER ACCOUNT (§ 89) than the generic when factoring in manufacturers’ rebates. For FY 2004-05, the act authorizes the OPM secretary to transfer funds to state agencies from FQHC PAYMENT METHODOLOGY (§ 85) the OPM private provider account to put rate increases for private providers into effect. The act requires the DSS commissioner to make changes to the cost-based reimbursement ASSISTED LIVING PILOT PROGRAM FOR methodology in the Medicaid program for PEOPLE WITH MENTAL RETARDATION (§ FQHCs. The changes must be consistent with 91) federal law. She must report to the Appropriations and Human Services committees The act requires the DMR commissioner, in by March 1, 2004 on the status of the changes. conjunction with the DSS commissioner and within available funding, to prepare a plan for a COMMUNITY HEALTH CENTER GRANTS pilot program that provides residences with (§ 86) assisted living services to people on DMR’s waiting list for residential placement or support. The act requires FYs 2003-04 and 2004-05 The plan must describe the elements needed to grants to community health centers to support implement the pilot program, including staffing health center infrastructure services to uninsured coordination issues, necessary Medicaid waivers, people or expansion projects to be in the same and potential federal grants. The report must be proportion as the grants made in FYs 2002-03 submitted to the Public Health and Human and 2003-04, respectively. If any portion of the Services committees by January 1, 2004. grant is not needed by a center, the differential must be distributed among all the other community health centers based on their share of total funding.

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NURSING HOME AUTOMATIC FIRE that, among other information, lists subjects that SPRINKLER SYSTEMS REQUIRED (§ 92) the consumer is advised to discuss with the contractor. The act requires nursing homes to have an EFFECTIVE DATE: October 1, 2003 automatic fire sprinkler system approved by the state fire marshal on each floor by July 1, 2005. PASSENGER RESTRICTIONS FOR It requires each home’s owner or authorized TEENAGE DRIVERS (§ 94) agent, by July 1, 2004, to (1) submit plans for installing such a system, signed and sealed by a The act makes the passenger restrictions for licensed professional engineer, to the local fire 16- and 17-year-old licensed drivers enacted by marshal and building official or to the state fire PA 03-171 effective on January 1, 2004 instead marshal, as the case may be, and (2) apply for a of October 1, 2003, thus making the restrictions building permit to install the system. applicable to all 16- and 17-year-old drivers The act subjects anyone failing to install the instead of only those who apply for a learner’s required systems to a civil penalty of up to permit on October 2, 2003 or after. $1,000 for each day the violation continues and PA 03-171 establishes, among other things, requires the attorney general, at the state fire restrictions on the number and type of marshal’s request, to begin a civil action to passengers a 16- or 17-year-old driver may recover the penalty. This new penalty applies to transport for specific periods following licensure. nursing homes as well as other buildings that That act made the restrictions effective October must, by law, already have such systems. These 1, 2003 and applicable only to 16- and 17-year- other buildings include: olds who apply for learners’ permits after that 1. new buildings with more than four date. This act, instead, makes these restrictions stories built for human occupancy; effective on January 1, 2004. Thus it appears to 2. all residential buildings with more than require some 16- and 17-year-olds who received four stories and occupied primarily by unrestricted licenses prior to January 1, 2004 (in the elderly; particular, those who were licensed between July 3. any residential building occupied 1 and September 30, 2003, or who applied for primarily by, or designed primarily for, their learners’ permits before October 2, 2003 elderly occupants, if the building has and were licensed before December 31, 2003) more than 12 living units and is issued a and who are not currently restricted in the building permit for new occupancy or is number of passengers, to comply with the substantially renovated on or after restrictions beginning January 1, 2004. January 1, 1997; 4. any hotel or motel with more than five COLLECTION OF SOCIAL SECURITY guest rooms that provides sleeping NUMBERS BY DMV (§ 95) accommodations for more than 16 persons and is issued a building permit The act eliminates certain requirements for for new occupancy on or after January the DMV to obtain the Social Security number or 1, 1987; federal employer identification number, or both, 5. hotels or motels with more than four of each person applying for a motor vehicle stories; and registration after July 1, 2003 and forward this 6. new educational buildings that are information to the Department of Revenue eligible for a school building project Services (DRS) annually for purposes of grant and put out to bid after July 1, identifying people affected by taxes DRS 2004. administers. Previously, as of July 1, 2003, the DMV NEW HOME CONTRACTOR commissioner had to require each person REQUIREMENT TO DISCUSS FIRE applying for a motor vehicle registration to SPRINKLERS (§ 93) provide his Social Security number or federal employer identification number, or both, if The act requires a new home construction available. If such numbers were unavailable, the contractor or his agent to discuss installing an DMV had to find out the reasons for their automatic fire sprinkler system in a new home unavailability. Previously, beginning February with the consumer. It also incorporates this item 1, 2004 and annually thereafter, the DMV into the written notice a contractor must provide commissioner had to furnish the DRS

2003 PA Summary Book Part II 456 2003 JUNE 30 SPECIAL SESSION commissioner on a magnetic tape or some other and to operate and keep records of their suitable medium a list of all those to whom a GA programs; motor vehicle registration was issued in the 2. requiring DSS to reimburse preceding year. The list had to contain the municipalities that run GA programs for person’s name, address, Social Security number, 100% of their cash assistance federal employer identification number, or both expenditures; numbers, and, if they are unavailable, the reason 3. setting GA program and reimbursement for the unavailability. guidelines and directing DSS to adopt EFFECTIVE DATE: Upon passage and regulations and make reports to the applicable as of July 1, 2003. legislature; and 4. making pharmaceutical manufacturers REPEALERS liable for rebates on any pharmaceutical paid for by the GA program. HUSKY (§ 96) EFFECTIVE DATE: March 1, 2004

The act repeals the DSS commissioner’s general authority to impose cost sharing on PA 03-4, June 30 Special Session—HB 6805 Medicaid recipients. (§ 11 of PA 03-1, Emergency Certification September 8 Special Session restores this authority, and specifies the amounts of the co- AN ACT CONCERNING THE payments for prescription drugs and outpatient RECOMMENDATIONS OF THE services.) TRANSPORTATION STRATEGY BOARD To conform to the changes in § 72, the act eliminates the minimum benefit coverage SUMMARY: This act (1) approves the requirements for HUSKY B recipients. And it principles set forth in the initial transportation eliminates a prohibition on DSS (1) requiring strategy for Connecticut submitted to the deductibles or co-payments for certain HUSKY legislature by the Connecticut Transportation B preventive care and services, such as inpatient Strategy Board (CTSB) pursuant to state law; (2) services and home health care; (2) applying a requires completion of certain transportation preexisting condition exclusion; and (3) projects and initiatives recommended by the imposing an annual or lifetime benefits cap or CTSB in its initial strategy; (3) authorizes more coinsurance. than $264 million in bonding over a 10-year The HUSKY B program is funded primarily period for use in funding the projects and by a federal State Children’s Health Insurance programs recommended by the CTSB and Program (SCHIP) block grant. Federal law identified in the act as transportation strategy prescribes the types of services provided and cost related projects; and (4) increases driver’s sharing that states may impose as a condition of license, certain vehicle registration, and several receiving these funds. other fees and dedicates the revenue derived from these increases, along with the revenue Elimination of DSS Pharmacy Review Panel derived from certain fee increases and revenue transfers made by PA 03-1, June 30 Special The act also eliminates the DSS Session, for paying the costs of the strategy- commissioner’s authority to establish a related transportation projects recommended by pharmacy review panel to advise in the operation the CTSB and designated for completion by the of the department’s pharmacy benefit programs. act. It defines these as “incremental revenues.” The act prohibits any funds in the Town GA (§ 97) Transportation Strategy Board projects account (created by PA 03-1, June 30 Special Session) To conform with the act’s changes, the act from being authorized for any transportation repeals a number of sections of law, relative to project other than one this act designates for town GA, some of which is already obsolete, completion. However, this does not preclude except as it affects the Norwich GA program. any capital, planning, or operating project Among these, it eliminates provisions: recommended by the CTSB in its strategy (a 1. requiring towns to provide necessary “TSB project”) from being funded, either wholly support to the poor, to the extent or partly, by other state or federal funds. Funds required under the town GA program, authorized for any TSB project may be used only

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 457 for that project. The act requires TSB projects to of public transportation and other traffic be funded from funds authorized for the CTSB mitigation methods to relieve highway only to the extent that the projects are not funded congestion; from the Infrastructure Improvement Fund. 5. substitutes the Finance, Revenue and The act authorizes issuance of bonds backed Bonding and Transportation committees by the dedicated revenue to implement the for the legislature as recipients of the strategy-related projects recommended by the CTSB’s strategy, strategy revisions and CTSB. It requires the Department of updates, and other required documents, Transportation (DOT) to prioritize the projects but continues to require the legislature identified in the act and produce annual and five- to approve the plan and a copy to be year financing plans based on the funding levels submitted to the governor; the act authorizes. 6. requires the DOT to consult with the The act also: Department of Motor Vehicles (DMV) 1. requires any of the designated and the Department of Public Safety transportation strategy projects needing and establish a program by January 1, an expenditure of more than $1 million, 2004 to implement regularly scheduled unless their sole purpose is public and enforced hours of operation for safety, to be accompanied by an truck weighing stations and report to the economic development plan that Transportation Committee on the provides for planned growth to support planned program by October 1, 2003; the project, and establishes related 7. requires DOT, as soon as is practicable requirements for this process; after the act is signed, to submit the 2. requires the CTSB to prepare and transportation strategy projects periodically submit an analysis of the designated for completion by the act short- and long-term effects of the and all future updates and revisions of initial transportation strategy on state the transportation strategy to the transportation, economic development, appropriate state metropolitan planning and environmental concerns using the organizations for consideration under measures and analytical methods it the federally required regional planning develops by itself or in conjunction with process for transportation improvement other state agencies, and establishes projects; procedures for developing and 8. requires all payments the state receives submitting the analysis with other under any agreement it enters involving required reports; the rolling stock used on the Metro 3. requires the CTSB, when developing North-New Haven Line pursuant to the and revising the strategy pertaining to DOT commissioner’s existing statutory roads, to (a) have as its priority for authority to make lease agreements improving transportation on public regarding transportation equipment and highways the use of public facilities for the purpose of obtaining transportation, (b) propose improving or payments based on the tax benefits expanding public highways only after it associated with owning or leasing such has determined that no means of public equipment and facilities to be used transportation exists that will exclusively for refurbishing the rolling accomplish the improvement, and (c) stock on, and other capital include an explanation and improvements to, the line; documentation of such a determination 9. authorizes the governor to enter into an with any proposed improvement or agreement with New York State that expansion of a public highway; provides voting representation for 4. expands the CTSB’s statutory charge Connecticut on the Metropolitan for designing a state transportation Transportation Authority and the strategy to (a) include consideration of Metro-North Commuter Railroad managing demand for transportation boards and any successors to them; assets, including the integral use of 10. requires the DOT commissioner to employer- and employee-based report to the governor and legislature by initiatives and (b) explicitly include as a January 1, 2005 on (a) the status of result of the strategy the expanded use efforts to secure voting representation

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on the above-noted boards, (b) the APPROVAL OF INITIAL status of the recommendations TRANSPORTATION STRATEGY regarding the Metro-North operating PRINCIPLES agreement made in the report mandated by PA 00-129, and (c) any other actions The act approves the principles set forth in regarding the operating agreement that Section I of the transportation strategy submitted the commissioner believes are by the CTSB to the legislature in January 2003 necessary, proper, and appropriate to as required by law. These strategic principles are improve commuter service on the New as follows: Haven Line and protect the state’s • Overall Objective—Strengthen and financial interests; expand the state’s transportation system 11. requires the DOT commissioner to over the next 20 years to enhance submit a report to the CTSB annually, Connecticut’s prospects for sustainable beginning January 1, 2004, listing all economic growth and a premier quality transportation projects, other than ones of life in a manner consistent with identified and recommended in the environmental standards; use evaluation transportation strategy, considered to be techniques and metrics to support major of the greatest importance and capital investments and operating in the explaining the reasons why; system; and ensure the proper 12. requires the Connecticut Public integration of land use planning with Transportation Commission to submit transportation planning and investment its statutorily required annual list of decisions to support the intelligent recommendations to the CTSB, in management of the state’s projected addition to the governor and growth in population densities, transportation commissioner, requires commercial development, automobile the commissioner to notify the Finance, usage, and freight shipments. Revenue and Bonding Committee, in • Economic Strategy—Ensure that the addition to the Transportation state’s Transportation Investment Areas Committee of the availability of his (TIAs) remain vibrant and competitive comments and analysis of the economic engines and attractive commission’s recommendations, and gateways to the state by leveraging eliminates the requirement for notice to existing transportation and other the rest of the General Assembly; infrastructure assets, especially in urban 13. requires future revisions of the state centers, and by focusing appropriate Plan of Conservation and Development resources on the mitigation and (Plan of C&D) to take into account management of road congestion economic and community development throughout the state with a focus in the needs, patterns of commerce, and near term on the Coastal Corridor. linkages between affordable housing • Movement of People Strategy— objectives, land use objectives, and Facilitate the movement of people in transportation systems; and through the state by: expanding the 14. allocates $10.3 million in funding quality and quantity of options to single previously appropriated to DOT for the occupancy automobile trips (such as air, CTSB and carried forward by prior bicycle, bus, ferry, flex-time, rail, legislation during the June 30 special ridesharing, and telecommuting); session for specific projects and encouraging employer participation in purposes; and demand management programs; 15. conveys a parcel of land from the DOT enhancing the customer’s transit to the town of Bethel. experience; improving transit travel EFFECTIVE DATE: Upon passage, except the times through better integration of all fee increases for non-driver photo identification transportation options; increasing cards and automobile club licenses are effective capacity of roads through continued January 1, 2005 and all the other fee increase are focus on information, safety, and effective January 1, 2004. incident management tools; and expanding targeted portions of certain roads.

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• Movement of Goods Strategy— pedestrian station access Facilitate the movement of goods to and Potential to attract sufficient through the state by: expanding and riders to support additional coordinating the state’s air, rail, road express trains and water infrastructure; improving the Operation under state control flow and safety of commercial truck Feeder bus service for rail traffic; and providing a broader range of users competitive options to commercial • Make improvements to Long Island trucks. Sound, including, at least, bulkheading • Special Funding Strategy—Implement a and dredging (upon removal of federal comprehensive and dedicated 10-year prohibitions), and expanding passenger financing plan for the period from FY facilities, including the Bridgeport 2003-04 through FY 2012-13 to raise Intermodal Facility, to support high- money exclusively to fund the speed ferry service. recommended capital investments I-84 Corridor TIA needed to implement the strategies. • Establish express bus services from • Ongoing Funding Strategy—Ensure Bridgeport and New Haven to Bradley that the state’s budget provides International Airport. adequate and reliable financial support • Complete the New Britain-Hartford for its annual transportation capital and busway and establish other bus rapid operating needs, including the amounts transit or light rail service in Hartford needed (1) for its public transit system and surrounding towns. to respond in a timely and satisfactory • Expand rail passenger service through way to evolving public needs and (2) Danbury to New Milford on the for greater flexibility in the Danbury branch line of the New Haven transportation budget regarding the Line service (Norwalk to Danbury) to amount required to service outstanding assist commuter movement on Route 7 debt. and I-95. I-91 Corridor TIA RECOMMENDED TRANSPORTATION • Upgrade or construct maintenance STRATEGY PROJECTS DESIGNATED FOR facilities and parking facilities, and COMPLETION upgrade feeder bus services for passenger rail service, particularly along The act designates the following Priority the Metro North-New Haven Line. Transportation Strategy Recommended Projects: • Establish bus or commuter rail service Coastal Corridor TIA as determined in the New Haven- • Acquire rail rolling stock, as the CTSB Hartford-Springfield Implementation deems appropriate, for Metro North- Study being conducted by the DOT, New Haven Line rail service sufficient including connection to Bradley to add not less than 2,000 additional International Airport. seats for interstate and intrastate I-395 Corridor TIA service. • Establish rail freight service with • Construct or expand stations in connections to the New London port. Stamford, Bridgeport, and New Haven • to accommodate rail service and one or Expand bus service frequency and more other modes of transportation and connections within and outside of the have: region, particularly in and to Norwich Facilities for 1,000 or more and New London, and acquire enough parking spaces buses to add at least 200 new seats. • Connections to bus and other Design and plan for traffic mitigation in transit systems southeastern Connecticut, including Opportunity for community planning for the extension of Route 11 revitalization from its terminus in Salem to the I-95 Opportunity for transit- and I-395 intersection, with appropriate oriented development greenway purchases. Ease of auto, bus, bicycle, and

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Southeast Corridor TIA and Management on the report format. • Acquire enough rail rolling stock for the The performance report must include, at Shoreline East Railroad Line to add at least: (1) a TIA map that identifies the CTSB least 1,000 additional seats. projects and associated economic development • Make highway operational projects; (2) a funding description, improvements that improve traffic flow implementation status, and estimated completion on I-95 and I-395. date for each economic development and transportation project; (3) an explanation of how Statewide Projects and Programs • each economic development project meets one or Expand DOT marketing of the Deduct- more of the designated criteria; (4) a statement of a-Ride program to all eligible how each economic development and employers. transportation project addresses the goals and • Continue funding the Jobs Access objectives of the state Plan of C&D; (5) a Program. description of the roles of municipalities and The five TIAs were created by the law that regional planning agencies in planning and established the CTSB. They cover the entire implementing each transportation and economic state geographically and are oriented toward development project; (6) a description of the major transportation facilities. TIAs must extent to which the projects in a TIA address its develop corridor plans and make transportation problems, needs, or concerns; and recommendations to the CTSB. The CTSB may (7) an evaluation of how each project addresses incorporate TIA recommendations in its overall the TIA’s transportation problems, needs, or state strategy. Some municipalities are in more concerns in terms of the statistical measures the than one TIA. CTSB develops with the other agencies. This report must be submitted by December TRANSPORTATION PROJECT ECONOMIC 15, 2004 along with the other reports required by DEVELOPMENT PLANS AND law, and periodically thereafter when the other PERFORMANCE REPORT reports are submitted in compliance with the existing reporting requirements. The Economic Development Plans performance report must go to the Transportation; Planning and Development; and The act requires any of the transportation Finance, Revenue and Bonding committees. strategy projects it designates for completion that Within 15 days after receiving the report, the require spending more than $1 million to be Transportation and Planning and Development accompanied by an economic development plan. committees must submit their comments and The plan must specify the economic recommendations to the Finance, Revenue, and development benefits projected for the state and Bonding Committee’s bonding subcommittee. the TIA in which the project is located. It must The Finance, Revenue, and Bonding Committee provide for economic development projects that must conduct a pubic hearing within 30 days of meet at least one the following criteria: (1) receiving the committees’ reports. generation by the CTSB project, (2) support of the project, (3) maximization of the economic Performance Analysis of Transportation Strategy benefits of the project, or (4) use of the project to maximize the economic benefits of the economic The act requires the CTSB to prepare an development project. A plan is not required if analysis of the short- and long-term effects of the the transportation project’s sole purpose is public initial transportation strategy, using the safety. measures, methodologies, and standards it develops or adopts from any other governmental Performance Report for Projects Requiring agency. The analysis must assess the strategy’s Economic Development Plans effect on (1) present and future state transportation needs for moving people and The act requires the CTSB to coordinate the goods; (2) state economic development; and (3) preparation of a performance report on the the environment, including air quality, wetlands, projects that require accompanying economic open space, and energy consumption. development plans. The board must consult with The analysis must include the projected the DOT, Department of Economic and return on investment for each transportation Community Development, and Office of Policy project identified in the strategy. The CTSB

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 461 must submit its analysis to the governor; The projects and programs must be funded Transportation Committee; and Finance, by: (1) available federal revenue, grants, or other Revenue and Bonding Committee along with its transportation-related financial assistance; (2) other required reports due on December 15, special tax obligation (STO) bonds; and (3) 2004, as required by law. where appropriate, cash from incremental The CTSB must monitor the planning and revenues. A maximum of $1 million of such implementation of the transportation strategy amounts may be made available to fund CTSB projects designated for completion by the act and operations for FY 2003-04 and FY 2004-05. report to the governor and legislature. Any The act authorizes the State Bond recommended update or revision to any Commission to authorize STO bonds for specific transportation strategy project or to the initial transportation projects and uses when it finds strategy, including any project recommended in this to be in the state’s best interests. It may addition to the initial strategy, contained in the authorize issuance of bonds in one or more series December 2004 or later updates to the strategy up to the aggregate authorized amount. must include the impact analysis required above. Incremental Funding for Supporting IMPLEMENTATION OF CTSB- Transportation Strategy Priority Projects RECOMMENDED PROJECTS AND PROGRAMS The act increases several motor vehicle- related fees and requires the revenue from the The act states that its purpose is to increases (e.g, the difference between the old and implement and fund certain transportation- new fee) between July 1, 2003 and June 30, 2036 related projects and strategies in order to (1) to be deposited in the Transportation Strategy improve personal mobility and freight movement Board projects account established by PA 03-1, in and through Connecticut; (2) integrate June 30 Special Session, for support of the transportation with economic, land use, designated transportation strategy projects (see environmental, and quality of life issues; (3) Table 1). The fee increases are shown below. develop policies and procedures that will integrate the state’s economy with regional, Table 1: Motor Vehicle Fee Increases national, and global economies; and (4) identify Fee Category Old Fee New Fee (effective policies and sources that provide adequate and 1/1/04, except reliable funding necessary for a quality as noted) Motor Vehicle Operator $6.00 $18.00 intermodal transportation system. Learner’s Permit and Renewals Bonding Authority Motorcycle Learner’s $5.50 $15.00 Permit and Renewals Motor Vehicle Operator’s $35.50 (four-year $43.00 (four- The act authorizes a total of $264,807,000 in License Renewals license) year license) $53.25 (six-year $65.00 (six-year bonding for the 10-year period covering FY license) license) 2003-04 through 2012-13 for funding the Commercial Driver’s $75.00 $90.00 projects and purposes identified in the act as the License Renewals Commercial License $8.00 $10.00 transportation strategy projects, including costs Learner’s Permit of issuance and required reserves. It specifies Passenger Vehicle $70.00 (two-year $75.00 (two-year Registration reg.) reg.) the following annual authorized amounts: $35.00 (one-year $38.00 (one- option for age 65+) year option for FISCAL YEAR AUTHORIZED age 65+) FUNDING AMOUNT Antique, Rare or Special $70.00 $75.00 2003-04 $32,423,000 Interest Motor Vehicle Registration 2004-05 $35,125,000 Combination Passenger $78.00 $83.00 2005-06 $32,526,000 and Commercial 2006-07 $26,528,000 Registration 2007-08 $25,530,000 Motorcycle Registration $36.00 $40.00 2008-09 $25,532,000 Registration for Vehicle (1) Commercial Fee Commercial Fee Used in Part for (based on gross (based on gross 2009-10 $23,533,000 Commercial Purposes and weight) plus $8.00 weight) 2010-11 $22,535,000 as a Passenger Vehicle or plus $13.00 2011-12 $21,537,000 (2) Seating More Than 10 2012-13 $20,538,000 and Not Used to Convey Total Authorization $264,807,000 Passengers for Hire

2003 PA Summary Book Part II 462 2003 JUNE 30 SPECIAL SESSION

COMMERCIAL VEHICLE REGISTRATIONS issue the required amount of STO bonds, subject Gross weight not exceeding $1.15 per each 100 $1.16 per each 20,000 lbs. lbs. or fraction 100 lbs. or to any required approval by the State Bond fraction, plus Commission, for those projects and purposes the $10.00 plan identifies for use of bonds. Gross weight not exceeding $1.40 per 100 lbs. or $1.42 per 100 30,000 lbs. fraction lbs. or fraction, STO bonds may be issued up to the plus $10.00 authorized funding amount the act authorizes for Gross weight not exceeding $1.75 per 100 lbs. or $1.77 per 100 73,000 lbs. fraction lbs. or fraction, each fiscal year. plus $10.00 Gross weight 73,001 lbs. $1.90 per 100 lbs. or $1.92 per 100 and above fraction lbs. or fraction, Five-Year Financing Plan plus $10.00 Minimum Commercial $39.00 $44.00 The act also requires DOT to prepare a five- Registration Fee year financing plan in which it projects the Semitrailer Registration $35.00 $40.00 incremental revenues to be credited to the Taxi or Livery Vehicle $105.00 $125.00 Transportation Strategy Board projects account Registration (7 or less of the Special Transportation Fund; the seating capacity) expenditures anticipated for the projects Wrecker Registration $92.00 $125.00 designated under the act; and the anticipated use of cash funding, bonding, and federal and other Snowmobile or All-Terrain $14.00 $20.00 transportation-related financial assistance for Vehicle Registration these purposes. DOT must update the five-year Non-driver Photo $10.00 $15.00 plan by August 1 annually at the same time it Identification Card (eff. 1/1/05) prepares the annual financing plan. The five- Passenger Endorsement $9.00 $12.00 on Driver’s License year plan must be provided to the CTSB, state Driver’s License $36.00 $40.00 treasurer, OPM secretary, and legislature’s Examination Transportation and Finance, Revenue and Automobile Club License $35.00 $250.00 (eff. 1/1/05) Bonding committees. Transporter Registration $114.00 $250.00 DOT Project Prioritization Annual Financing Plan and Funding Implementation DOT must establish the priority of each of the transportation projects and purposes By August 1, annually, DOT must consult designated for completion in the act, including with OPM, the state treasurer, and the CTSB and an associated operating and maintenance costs. prepare an annual financing plan for the annual By August 1, 2004, and every two years funding and financing of the projects and thereafter, it must submit a list to the CTSB purposes the act identifies. The annual plan must describing the priority and providing supporting be based on the authorized funding amount (cash documentation. The act authorizes the CTSB, by from incremental revenues and STO bond November 1 of the year of submittal, to revise, proceeds), and any federal grants or other delete, or add a particular project or purpose, or transportation related financial assistance that determine the sequence and timing of projects. may be available in the fiscal year. It must also DOT must revise its annual financing plan in meet all requirements of state law and applicable accordance with any changes the CTSB trust indenture provisions, including reserve recommends to the priority list. The CTSB must coverage requirements, relating to the plan. submit its recommendations to the General Following the governor’s approval of the Assembly by the January 1 following its receipt annual financing plan, the incremental revenues of the DOT list. Any additions or deletions are it identifies for cash funding must be paid within subject to the General Assembly’s approval. the fiscal year of the plan into the Transportation Copies of all CTSB recommendations, Strategy Board projects account (created by PA including, without limitation, any material 03-1, June 30 Special Session), of the Special additions or deletions, must be given to the Transportation Fund and must be available for Transportation Committee; Finance, Revenue the projects and purposes identified in the annual and Bonding Committee; DOT commissioner; financing plan for cash funding. Upon approval OPM secretary; and state treasurer. The projects by the treasurer and OPM secretary of the or purposes identified in the act may be funded portion of the annual financing plan relating to through the use of (1) federal revenue, grants, or the use of bond proceeds, the treasurer must other transportation-related financial assistance;

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 463

(2) bonds; or (3) where appropriate, cash from the land remains under DOT control until the incremental revenues in accordance with the conveyance is made. The state treasurer must annual and five-year financing plans. execute any necessary deed or instrument, which must contain provisions to carry out the use Allocation of Funds Carried Forward by PA 03- restrictions. The transportation commissioner is 1, June 30 Special Session solely responsible for all other incidents of the conveyance. PA 03-1, June 30 Special Session, (§ 42(a)) carries forward approximately $10.3 million in BACKGROUND unspent funding previously appropriated to DOT for the CTSB. This act allocates the money as Related Act shown in Table 2. PA 03-6, June 30 Special Session (§ 27) Table 2: Allocation of Carry Forward Funds transfers $1.3 million of the amount carried Allocation For forward by PA 03-1, June 30 Special Session, $150,000 East Haven Road and from unexpended funds appropriated to DOT to Sidewalk Improvement Aid $900,000 Fairfield County Interregional OPM for Local Aid Adjustments for FY 2003- Services 04. $320,000 New Haven Line Commuter Sec. 207 of that act also transfers $40,000 of Connection the amount carried forward in PA 03-1, June 30 $200,000 Danbury Area Feeder Bus Service—Harlem Line Special Session, from unexpended funds $750,000 Expanded Hartford Area appropriated to DOT for the CTSB to OPM to Express Bus Service develop a plan in cooperation with DOT and any $1,700,000 Shoreline East Service other agencies that own rights to outdoor Through New Haven- advertising locations to increase revenue by Bridgeport-Stamford $600,000 Continuation of State licensing these existing locations. OPM must Operating Subsidy for submit the plan to the legislature by January 1, Tweed-New Haven Airport 2004. The plan must provide for at least 75% of $3,700,000 Transportation Strategy the increased revenues to be dedicated to CTSB Board Projects Account projects.

The act conditions the $600,000 allocation for the Tweed-New Haven Airport operating subsidy on the city of New Haven continuing its PA 03-5, June 30 Special Session—SB 2002 existing level of operating subsidy. Emergency Certification

Transfer of DOT Parcel to Town of Bethel AN ACT CONCERNING THE CONNECTICUT RESOURCES The act requires the DOT commissioner to RECOVERY AUTHORITY convey approximately .542 acres of land on Depot Place and Greenwood Avenue in Bethel to SUMMARY: This act authorizes the the town for the administrative costs of the Connecticut Resources Recovery Authority conveyance. The parcel is located within the rail (CRRA) to borrow up to $22 million from the right-of-way on the northeasterly side of the state to support the repayment of debt CRRA Danbury Branch Rail Line, with appurtenances issued on behalf of the Mid-Connecticut project identified as the former Bethel Train Station. for FY 2002-03 and FY 2003-04, provided The conveyance is subject to State Properties CRRA repays the principal and interest before Review Board approval. June 30, 2012. It reduces by $22 million, from Bethel must use, maintain, or improve the $115 million to $93 million, the amount of appurtenances contained on the parcel. The money CRRA may borrow temporarily from the parcel must revert to the state if Bethel does not state to support the repayment of debt issued for use it for the required purposes, does not retain the project for post 2004 fiscal years. In either ownership of it, or leases all or any part of it. case, as under prior law, such borrowing requires The properties review board must complete approval of two-thirds of the CRRA board of its review of the conveyance within 30 days of directors, and of the state treasurer and Office of receiving a proposed agreement from DOT and Policy and Management (OPM) secretary. The act requires CRRA to provide collateral for these

2003 PA Summary Book Part II 464 2003 JUNE 30 SPECIAL SESSION loans to the extent possible, as determined by the Education Cost Sharing (ECS) grants treasurer and secretary. until July 1, 2005 (§§ 22-25); As under prior law, CRRA must submit a 2. distributing $53 million in supplemental financial mitigation plan to the treasurer and ECS funds proportionately to capped secretary. The act requires that the plan include towns in FY 2003-04 (§§ 22-25); an analysis of CRRA staffing levels and the 3. reducing by 3% each town’s FY 2003- performance and qualifications of CRRA staff 04 ECS grant, including any and directors. It eliminates the requirement for supplemental capped town grant (§§ 22- the treasurer and secretary to approve the plan. 25); It requires CRRA to (1) submit quarterly 4. giving each town the same ECS grant in reports detailing the status of its financial FY 2004-05 as it receives in FY 2003- mitigation plan to the treasurer, OPM secretary, 04 (§§ 22-25); and the Finance, Revenue and Bonding 5. freezing the existing ECS foundation Committee; (2) enter into talks with municipal amount and extending the existing members of the Mid-Connecticut project about minimum expenditure requirement their interest in extending their contracts beyond through June 30, 2005 (§§ 22-25); June 30, 2012; and (3) include the status of those 6. eliminating a special supplemental ECS discussions in the quarterly reports. grant to towns with high population The act specifies that CRRA must submit its density (§§ 22-25); proposed budget, three-year financial plan, cash 7. delaying for two years increased state flow analysis, and most recent certified audit reimbursements to local school districts annually. for high-cost special education The act requires CRRA to produce reports placements (§§ 20-21); upon any matter of property or finance OPM or 8. allowing proportional reductions in the governor requires during the terms of the education reimbursement grants for loans it receives. such things as school transportation, It reduces the membership of the CRRA adult education, and special education board of directors from 13 to 11, removing the services provided to children placed by OPM secretary and treasurer as voting ex-officio state agencies (§§ 9-13, 203, 244-246); members. The act’s attempt to reduce the and membership prior to its effective date, August 9. increasing annual charter school grants 20, 2003, appears to have no legal effect. It (§ 14). reduces a quorum of the board from seven to six In addition, the act: members and eliminates the requirement that a 1. requires the state treasurer and the quorum include at least one ex-officio member Office of Policy and Management or his designee. (OPM) secretary to develop a plan to EFFECTIVE DATE: Upon passage borrow against future tobacco settlement payments to raise $300 million for the General Fund (§ 43); PA 03-6, June 30 Special Session—HB 6806 2. authorizes bonds, backed by electric Emergency Certification utility revenues, to mitigate the effects of a mandatory revenue transfer from AN ACT CONCERNING GENERAL utility energy conservation and BUDGET AND REVENUE renewable energy programs to the IMPLEMENTATION PROVISIONS General Fund (§ 44-50); 3. repeals a budget act provision requiring SUMMARY: This act makes a wide variety of certain related companies to determine changes in state law required to implement the their corporation tax liability as a group provisions of the FY 2003-05 state budget and and instead requires companies to add revenue act (PA 03-1, June 30 Special Session). back otherwise deductible interest costs It also makes corrections, revisions, and arising from transactions with affiliates adjustments in acts passed earlier in 2003. §§ 78, 81, 248); The act makes numerous changes in 4. increases from $25,000 to $250,000 per education funding including: year the maximum supplemental tax 1. postponing elimination of the maximum due from corporate groups filing 6% cap on annual increases in combined corporation tax returns (§

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 465

80); exemption for people with disabilities 5. makes state law conform to the federal (§§ 40-41); Help America Vote Act by (a) creating 2. reduced state reimbursements to enhanced identification requirements municipalities for lost revenue from for people applying by mail to register certain property tax exemptions for to vote, appearing at the polls, or voting veterans (§ 59); by absentee ballot and (b) establishing a 3. reduced state grants to municipalities to provisional ballot with procedures for offset revenue losses from certain using and counting it (§§ 83-103); property tax exemptions (§§ 183-84); 6. increases Department of Environmental 4. a property tax amnesty for troops Protection (DEP) fees (§§ 108-139 and stationed in the Middle East (§42); and 149-153); 5. narrowing the scope of a mandatory 7. authorizes the Department of Correction state-reimbursed property tax (DOC) commissioner to send up to an exemption for manufacturing equipment additional 2,000 inmates to out-of-state (§ 53). prisons (§§ 156-157); The act reconfigures state agencies and 8. requires the chief court administrator to functions, including: establish one or more drug courts to 1. merging the Department of Agriculture hear juvenile and criminal cases of and the Department of Consumer those who could benefit from substance Protection (§ 146-148); abuse programs (§ 164); 2. placing the Board of Pardons and Board 9. suspends a requirement that the State of Parole in the Department of Police maintain a minimum number of Correction (§§ 160-161); and sworn officers (§ 174); 3. reorganizing the state’s tourism 10. suspends reimbursements and payments program and funding by (a) merging the for underground petroleum storage tank Arts, Historical, and Film Commissions, clean-ups (§145); the Tourism Council, and the Film 11. limits administrative expenditures by Office into a new commission; (b) the community-technical and reducing 11 tourism districts to five; Connecticut State University systems and (c) earmarking $20 million in and the University of Connecticut (§ lodging tax receipts for FYs 2003-04 17); and 2004-05 and appropriating $4.48 12. allows New Britain and Stamford to million for FY 2003-04 to fund the new redevelop certain state-assisted system (§§ 210-239, 241, 243). moderate income rental housing, with The description below provides a section- the Department of Economic and by-section analysis. An amendment deleted Community Development’s approval sections 37, 154-155, 171, and 188 and those and under specified conditions (§§ 34- sections were left blank in the engrossed act. 36, 38-39); EFFECTIVE DATE: See sections below 13. broadens the powers of the Capital City Economic Development Authority and REIMBURSEMENT TO SCHOOL DISTRICTS the OPM secretary with respect to the FOR HEALTH SERVICES TO PRIVATE Adriaen’s Landing project in Hartford SCHOOL STUDENTS (§ 1) and obligates the state to make payments in lieu of taxes on land it The act makes permanent the state leases for the project for at least 99 reimbursement grants for health services school years (§§ 60-62 & 240); and districts must provide to Connecticut students 14. allows towns to charge those whose attending private schools in the district. The motor vehicle property taxes are grant was scheduled to terminate on June 30, delinquent a $5 fee if they notify the 2003. As under prior law, reimbursement Department of Motor Vehicles of the percentages range from 10% to 90%, based on delinquency (§ 58). town wealth. A town must receive a minimum Among the act’s property tax-related 80% reimbursement if (1) its number of children changes are: on welfare was more than 1% of its population in 1. one-year suspension of a mandatory, 1997 or (2) it has a wealth ranking below 30 and state-reimbursed property tax provides such services to more than 1,500

2003 PA Summary Book Part II 466 2003 JUNE 30 SPECIAL SESSION students who do not live in the town. PPT. But the act allows the board to do so only EFFECTIVE DATE: Upon passage if the parent or guardian consented to the child’s initial receipt of special education services and SPECIAL EDUCATION DEFINITIONS (§§ 2- the board sought a private placement after the 4) child’s initial placement. If a parent or guardian refuses to consent to The act conforms state law to the federal a child’s initial evaluation or reevaluation, the Individuals with Disabilities Education Act act allows a hearing officer or hearing board to (IDEA) by incorporating references to federal order the evaluation or reevaluation without that definitions and terms and eliminating the consent. Under prior law, the hearing officer or following redundant and inconsistent state board could order special education evaluation or provisions and definitions: placement without the parent or guardian’s 1. listing disabilities that qualify a child consent. As under prior law, such orders are for special education and related subject to court appeal. services, The act allows a local or regional board of 2. defining the eligible disabilities, and education to reevaluate, as well as evaluate, a 3. requiring transitional services for child without his parent or guardian’s consent if special education students leaving the hearing officer upholds the board on an school. evaluation issue. Under prior law, a local or The act also eliminates an inconsistent regional board of education could also place a provision requiring local boards to identify child without his parent or guardian’s consent if children who may require special education only the hearing officer upheld the school board on a when they reach school age (age five). Another placement issue. The act specifies that the provision of Connecticut law makes children board’s authority to provide services applies only eligible for special education when they reach to when the hearing officer upholds the board on age three if they are experiencing a the issue of placement in a private facility. developmental delay. IDEA regulations The act also requires the Superior Court, expressly allow states to include such children upon appeal of a hearing officer’s decision, to aged three to nine (34 CFR 300.7(b)). hear additional evidence at a party’s request. EFFECTIVE DATE: Upon passage Prior law gave the court discretion to hear additional evidence at a party’s request only if it SPECIAL EDUCATION DUE PROCESS found certain circumstances to exist. HEARINGS (§§ 5-7) EFFECTIVE DATE: Upon passage

The act conforms state law to the federal HOMELESS CHILDREN (§ 8) IDEA by eliminating (1) a prohibition against parents, guardians, or local school boards raising The act requires local and regional boards of issues at special education due process hearings education to follow the federal McKinney-Vento that they did not previously raise at a meeting of Homeless Assistance Act in providing the child’s planning and placement team (PPT) educational services to children who are and (2) a requirement that the mandatory homeless. prehearing conference for parties to a due Prior state law allowed a child who lived in process hearing take place at least 10 days before a temporary shelter to go to school in the district the hearing is to begin. It also eliminates a local where he lived permanently or in the district school board’s right to ask for a hearing when a where the shelter was located. McKinney-Vento parent or guardian refuses to consent to or requires local education agencies (LEAs) that withdraws consent for a pre-placement receive federal funding to, according to the evaluation or initial special education placement child’s best interest: (1) continue a homeless of the child. But it expressly allows a board to child’s education in his original school (the ask for a hearing when a parent refuses to school he attended when he was permanently consent to or withdraws consent for a child’s housed or where he was last enrolled) for the rest initial evaluation or a reevaluation. As under of the school year or, if the family becomes prior law, the act requires a school board to homeless between school years, for the request a hearing, and allows it to request following school year or (2) enroll the student in mediation, when a parent or guardian refuses to the school in the attendance area where he is consent to a private placement proposed by the actually living. It also requires the LEA to

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 467 comply with the parent or guardian’s request degree in early childhood education or child regarding school selection, to the extent feasible, development. and to make placements regardless of whether EFFECTIVE DATE: Upon passage the child is living with homeless parents or has been temporarily placed elsewhere. FUNDING FOR WATERBURY TECHNICAL EFFECTIVE DATE: Upon passage TRAINING PROGRAM (§ 16)

PROPORTIONAL GRANT REDUCTIONS (§§ For FYs 2003-04 and 2004-05, the act 9-13, 203, 244-246) exempts WACE Technical Training Center in Waterbury from adult education grant For FYs 2003-04 and 2004-05, the act requirements and allows it to spend up to requires proportional reductions in certain $300,000 of the grant money it receives for education grants to school districts if the total technical training. grant appropriation is less than required to pay EFFECTIVE DATE: Upon passage the full amount. The reduction provisions apply to: HIGHER EDUCATION SYSTEM OFFICE 1. school transportation grants for public EXPENDITURES (§ 17) and private school students (§§ 9, 203), 2. adult education grants (§ 10), Community-Technical College System 3. regional education service center (RESC) lease cost and operating grants For FYs 2003-04 and 2004-05, the act (§§ 11-12), prohibits the Community-Technical College 4. grants for health services for students (CTC) system’s office expenditures, excluding attending private nonprofit schools (§ telecommunications and data center funds, 13), capital equipment bond funds, and funds for 5. expenses for special education students identified systemwide projects benefiting placed by state agencies or residing on individual CTC campuses, from exceeding state property (§§ 244-245), and 1.59% of the system’s annual General Fund 6. payments for students placed out by the appropriation or 1.55% of operating fund Department of Children and Families expenditures. The act also prohibits the CTC’s commissioner or other agencies in a FYs 2003-04 and 2004-05 expenditures for private residential facility who need institutional administration (defined as system educational services other than special office, executive management, fiscal operations, education services (§ 246). and general administration), excluding EFFECTIVE DATE: Upon passage expenditures for logistical services, administrative computing, and development, CHARTER SCHOOL GRANTS (§ 14) from exceeding 10.69% of its annual General Fund appropriation or 10.38% of its operating The act increases the annual charter school fund expenditures. None of these prohibitions grant from $7,000 to $7,250 per student. It include federal, private, capital bond, or fringe allows the grants to be increased proportionately benefit funds. if the amount appropriated for them exceeds $7,250 per student. Connecticut State University System EFFECTIVE DATE: Upon passage For FYs 2003-04 and 2004-05, the act SCHOOL READINESS STAFF prohibits the Connecticut State University (CSU) QUALIFICATIONS (§ 15) system’s office expenditures, excluding telecommunications and data center funds, The act delays, from July 1, 2003 to July 1, capital equipment bond funds, and funds for 2004, implementation of the requirement that a identified systemwide projects benefiting person in each school readiness classroom have individual CSU campuses, from exceeding at least (1) a credential issued by an organization 1.13% of its annual General Fund appropriation the education commissioner approves and nine or 1.1% of its operating fund expenditures. The or more credits in early childhood education or act also prohibits CSU's FY 2003-04 and 2004- child development from an accredited college or 05 expenditures for institutional administration, university or (2) an associate’s or four-year excluding expenditures for logistical services,

2003 PA Summary Book Part II 468 2003 JUNE 30 SPECIAL SESSION administrative computing, and development, referenced in the federal “No Child Left Behind from exceeding 7.94% of its annual General Act of 2001,” means extra help in math, reading, Fund appropriation or 7.7% of its operating fund and language arts before or after school or on the expenditures. None of these prohibitions include weekends. federal, private, capital bond, or fringe benefit EFFECTIVE DATE: Upon passage funds. CATASTROPHIC SPECIAL EDUCATION University of Connecticut GRANTS (§§ 20-21)

The act prohibits the University of The act delays from July 1, 2003 to July 1, Connecticut's FYs 2003-04 and 2004-05 2005 the date on which a local school district’s expenditures for institutional administration, maximum share of the funding for high-cost excluding expenditures for logistical services, special education placements will be reduced administrative computing, and development, from five to four-and-a-half times its average per from exceeding 3.58% of its annual General pupil expenditure for the preceding fiscal year. Fund appropriation or 3.47% of its operating By law, the state is responsible for all costs fund expenditures. These prohibitions do not exceeding the local share. The act also requires include federal, private, capital bond, or fringe a proportional reduction in the grant amounts for benefit funds. FYs 2003-04 and 2004-05 if the grant total exceeds the amount appropriated for the excess Higher Education Commissioner’s Role cost grants. EFFECTIVE DATE: Upon passage The act requires the higher education commissioner to monitor compliance with the EDUCATION COST SHARING (ECS) above restrictions and report her findings to the GRANTS (§§ 22-25) Appropriations and Higher Education and Employment Opportunities committees no more The act: than 60 days after the close of each quarter in 1. extends the existing ECS foundation FYs 2003-04 and 2004-05. amount of $5,891 per student for two EFFECTIVE DATE: Upon passage years, through June 30, 2005;

SCHOOL CHOICE TRANSPORTATION 2. postpones elimination of the 6% “cap” GRANTS (§ 18) on annual increases in town ECS grants for two years, until July 1, 2005; The act allows the education commissioner 3. starting in FY 2003-04, eliminates the to grant to RESCs additional amounts from ECS density supplement, which gives funds remaining for the school choice additional money to towns with greater- transportation program if needed to offset than-average population density; transportation costs that exceed the maximum 4. starting in FY 2003-04, eliminates the amount. By law, the State Department of hold-harmless provision for priority Education (SDE) must provide RESCs and school districts; school districts participating in school choice 5. for FY 2003-04, distributes $50 million programs grants for the reasonable cost of to capped towns in proportion to the transportation, provided the statewide average of difference between each town’s capped the grants does not exceed $2,100 per student grant and what its grant would be transported. without the cap (“target aid”); EFFECTIVE DATE: Upon passage 6. for FY 2003-04, distributes $3 million to capped towns in proportion to the CRIMINAL HISTORY RECORDS CHECKS (§ difference between each town's capped 19) grant and its target aid; 7. reduces each town's FY 2003-04 grant, The act requires supplemental service including the cap supplement, by 3%; provider employees having direct contact with 8. requires FY 2003-04 grants to students to undergo those criminal history Bridgeport, Hartford, and New Haven records checks already applicable to other school to be at least equal to their FY 2002-03 personnel. “Supplemental services,” as grants, plus $1 million;

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 469

9. requires grants to towns eligible for These funds must be disbursed for FY 2003-04 priority school district, transitional as follows: school district, or priority or transitional 1. $150,000 to Griswold; school district phase-out grants to be at 2. $200,000 to Milford; least equal to their FY 2002-03 grants; 3. $200,000 to Plainfield; 10. gives all towns except Bridgeport, 4. $150,000 to Plymouth; Hartford, and New Haven a 5. $200,000 to Southington; proportional share of any remaining 6. $200,000 to Vernon; and ECS funds based on their ECS grant; 7. $200,000 to Wallingford. 11. gives every town the same ECS grant in EFFECTIVE DATE: Upon passage FY 2004-05 as it received in FY 2003- PRIORITY SCHOOL DISTRICT GRANTS (§§ 04; and 28-29) 12. extends the minimum expenditure

requirement (MER) for two years, For FY 2003-04, the act directs distribution through FY 2004-05. of priority school district grants as follows: (1) Under prior law, towns with population $20,057,500 for priority school districts; (2) densities greater than the state average were $37,576,500 for school readiness; (3) eligible for the density supplement. The $17,858,939 for early reading; (4) $3,030,669 for supplement amount varied according to the ratio extended school building hours; and (5) of an eligible town's population density to that of $2,630,879 for summer school. For FY 2004-05, the densest town. The supplement was not the act directs distribution of priority school subject to the cap, and no town's density district grants as follows: (1) $20,336,250 for supplement could fall below the level it received priority school districts; (2) $37,576,500 for in the prior year. school readiness; (3) $17,647,286 for early The MER requires towns to spend a reading; (4) $2,994,752 for extended school minimum amount on regular education building hours; and (5) $2,599,699 for summer programs. Under the act, each town’s FY 2003- school. 04 MER is the sum of (1) its FY 2002-03 MER; EFFECTIVE DATE: Upon passage (2) any ECS grant increase; and (3) if its enrollment dropped between 2001 and 2002, an SCHOOL READINESS GRANTS (§ 30) amount equal to the decrease multiplied by one- half the foundation. Similarly, each town's FY The act appropriates $2,309,249 for school 2004-05 MER is the sum of (1) its FY 2003-04 readiness competitive grants in FY 2003-04 and MER; (2) any ECS grant increase; and (3) if its $2,318,349 in FY 2004-05. It limits the enrollment dropped between 2002 and 2003, an maximum that may be used for administrative amount equal to the decrease multiplied by one- purposes in each year to $198,199. half the foundation. EFFECTIVE DATE: Upon passage EFFECTIVE DATE: Upon passage EARLY READING SUCCESS GRANTS (§ 31) RESC-RUN MAGNET SCHOOLS (§ 26) The act appropriates $1,788,001 for early For FY 2003-04, the act directs at least $1 reading success competitive grants for FYs million of the $58,768,158 appropriated to the 2003-04 and 2004-05 and limits the maximum SDE for magnet schools to be used, by that may be used for administrative purposes to September 1, 2003, to provide a supplemental $203,646. grant to RESCs operating full- or part-time EFFECTIVE DATE: Upon passage interdistrict magnet schools. The education commissioner must determine the grant amounts. SCHOOL READINESS GRANTS TO EFFECTIVE DATE: Upon passage FORMER PRIORITY SCHOOLS (§ 32) LOCAL AID ADJUSTMENTS (§ 27) Beginning in FY 2003-04, the act allows a The act transfers $1,300,000 from funds town that received a school readiness carried forward by the Transportation competitive grant for a priority school but is no Department under PA 03-1, June 30 Special longer eligible to receive a grant for that school Session, to OPM for local aid adjustments. to receive a phase-out grant for three fiscal years

2003 PA Summary Book Part II 470 2003 JUNE 30 SPECIAL SESSION after it received its final grant. For the first fiscal be used by New Britain or the state. year, it may receive a grant up to 75% of the It exempts the Stamford housing authority grant amount it received in the school's final year from certain housing laws but specifies that of eligibility. For the second fiscal year, the town Stamford must comply with (1) one-for-one unit may receive a grant up to 50% of that grant replacement and antidisplacement and relocation amount and up to 25% for the third fiscal year. plan requirements, (2) the approved housing EFFECTIVE DATE: Upon passage redevelopment plan for the project, and (3) the provisions of the act. TEACHING CERTIFICATES (§ 33) The act amends the powers and duties of Connecticut Housing Finance Authority (CHFA) PA 03-168 overrode SDE regulations to to include providing financial assistance, as it allow teachers with certain certificate sees fit, to a local housing authority or project endorsements to teach kindergarten. This act sponsor connected with the New Britain and makes it clear that only elementary endorsements Stamford housing redevelopment projects. to teach grades one to six and comprehensive Under prior law, CHFA was not authorized to special education endorsements to teach grades provide such assistance to local housing one to 12 allow the holder to teach kindergarten. authorities. EFFECTIVE DATE: Upon passage It also makes technical changes. EFFECTIVE DATE: Upon passage HOUSING REDEVELOPMENT (§§ 34-36, 38- 39) Conditions and Requirements for Redevelopment Of New Britain’s Moderate-Income Rental This act allows New Britain and Stamford to Housing Developments redevelop certain state-assisted moderate-income rental housing developments, subject to Replacement Units. The act creates an conditions and requirements and with the exception from the law requiring one-for-one approval of the Department of Economic and unit replacement and an antidisplacement and Community Development (DECD). It allows: relocation plan for tenants for New Britain to redevelop Corbin Heights, Corbin Heights 1. New Britain and its housing authority to Extension, Pinnacle Heights, and Pinnacle redevelop Corbin Heights, Corbin Heights Extension. By law, every publicly Heights Extension, Pinnacle Heights, assisted unit that is demolished or otherwise and Pinnacle Heights Extension housing removed from use must be replaced with a new projects and one. 2. Stamford’s housing authority to The act requires New Britain to assure that redevelop the Vidal Court housing the number of replacement units is consistent project. with the housing redevelopment plan, the master The act authorizes each project to include plan for housing redevelopment completed by some market-rate housing in addition to the the local planning committee, as accepted by publicly assisted units. It requires New Britain to New Britain’s housing authority on March 13, produce at least 635 publicly assisted units and 2002, and approved by the commissioner Stamford at least 216. pursuant to this act. The act requires that at least Under the act, New Britain may redevelop 635 replacement units must be created. its state-assisted, moderate-income rental Under the act, replacement units may consist developments without meeting requirements of of (1) new construction, (2) rehabilitation, (3) certain public housing laws, including one-for- renovation, (4) federal Section 8 housing one unit replacement and a resident vouchers, (5) state rental assistance program rent antidisplacement and relocation plan. It instead subsidies, or (6) any other government-assisted requires compliance with the approved housing housing program. But Section 8 vouchers and redevelopment plan for the project and state low-income rental assistance certificates provisions of the act. must be in addition (newly authorized) to those The act authorizes the New Britain housing existing when the act became effective to be authority to (1) sell or lease property or buildings considered as replacements. The act does not for either housing or non-housing uses and (2) prohibit the use of Section 8 vouchers for rent develop some of the land for non-housing uses. payments at market rates current when the It also restricts how the proceeds of any sale can voucher is issued, provided housing costs the

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 471 occupants of replacement units pay do not housing units, on the site of the development. exceed the market rate. Sponsor or Successor Entity. Under the act, Replacement units must be completed in the a sponsor is (1) a local housing authority; (2) any timeframe established in the redevelopment plan Connecticut corporation, either nonprofit or for- and include all units constructed from the profit, limited liability company, partnership, inception of the local planning committee (i.e., joint venture, sole proprietorship, trust, or before the plan was developed). association that has as one of its purposes the Project Area, Offsite Replacement, and construction, rehabilitation, ownership, or Market-Rate Units. The replacement units may operation of housing; (3) a municipal developer; be on the site of the project area (that is, the or (4) any combination of these entities. A location of the existing developments) or offsite. “successor entity” means a public body, The formula for how many replacement units can including CHFA, that obtains title to, or control be built on- or offsite provides that the more of, the developments from DECD or the housing onsite units are built, the fewer offsite ones are authority. needed and vice versa. It also requires that all The act specifies that a successor entity that units provided offsite must be available for obtains title to or control of the developments people earning 60% of area median income has all of the housing authority’s rights, powers, (AMI) or less. It allows the flexibility of having and responsibilities. The housing authority must some market rate units onsite, but such units can select a sponsor or successor on a competitive only be in addition to the overall number of basis. Any sponsor proposal submitted for replacement units the act requires. consideration in the competitive review must Between 270 and 550 onsite units must be include (1) resident involvement in the planning available when the housing redevelopment plan process for construction, lease, or sale of is completed, and the total number of offsite replacement units and (2) a mechanism allowing units cannot be less than the difference between residents to comment on the implementation 635 and the number of onsite replacement units. plan. The housing authority or successor entity If the maximum number of onsite units (550) are may, when selecting a sponsor, take into built, at least 85 offsite units must be built; if the consideration the role of residents in the onsite minimum of 270 are built, then 365 offsite development and implementation of the proposal will be required. as well as the sponsor’s support for such Of the onsite units, at least (1) 25% must be involvement. rented or sold to people whose income is below Sale for Housing Uses. New Britain’s 60% of the AMI and (2) 15% must be rented or housing authority, in consultation with the city, sold to people whose income is below 25% of the DECD commissioner, and the CHFA may the AMI. This latter group may receive Section 8 sell, lease, transfer, or any combination thereof, certificates. all or part of the premises and buildings of the Half of the offsite replacement units must be developments to a qualified sponsor for a rented or sold to people who earn 60% or less of housing use. the AMI. The housing redevelopment plan must Sale for Nonhousing Uses. Under the act, also assure that New Britain requires that 10 “land use and disposition plan” means a plan for such offsite replacement units are built every the use and disposition of part of the housing year in which the plan is in effect until the 50% developments for nonhousing uses created by requirement is fulfilled. The other half of the New Britain and its housing authority, or a offsite units must be rented or sold to people successor entity, and approved by the with incomes less than 25% of the AMI. The commissioner. (The act does not link the plan must require New Britain to assure that 10 disposition plan to the overall housing offsite replacement units are built for these redevelopment plan. Presumably they would be individuals every year that the housing closely related. Both must be approved by the redevelopment plan is in effect until the 50% commissioner.) requirement is fulfilled. The act prohibits The housing authority or a successor entity, rehabilitated or renovated offsite units from following the final housing redevelopment plan being considered replacement units unless they and with the commissioner and CHFA’s were vacant for a year before being rehabilitated approval, may sell, lease, transfer, or any or renovated. combination of these, a portion of the The act allows for the creation of developments’ premises and buildings as is to nonreplacement units, which are new market-rate New Britain or the city’s designated developer

2003 PA Summary Book Part II 472 2003 JUNE 30 SPECIAL SESSION for alternative nonhousing uses as approved improvements, as determined by New under the land use and disposition plan. Britain’s assessor. Non-housing Proceeds to the Housing Eligible Residents and Assistance Buying Authority. Any proceeds from the sale, lease, Homes. Eligible residents, those residing in the transfer, or other disposition of all or part of a developments on or after January 1, 2002, have housing development for a nonhousing use priority over other families for the purchase and discussed above must (1) be used solely for the rental of available housing units. If the number capital cost of the redevelopment or of eligible residents exceeds the available redevelopment of the housing planned for the housing units, the housing authority or a development and (2) are deemed part of the successor entity may create an equitable system state’s contribution to the housing (such as a lottery) to determine who will be redevelopment plan’s implementation. allowed to purchase or rent. Proceeds to the State. The act allows the New Britain’s housing authority or a commissioner and CHFA, in situations when successor entity and the sponsor, with assistance DECD or CHFA do not cancel outstanding debt from DECD, CHFA, and the Department of on the project, to use proceeds from the sale, Social Services (DSS) must reasonably assist lease, or transfer of developments for housing or eligible residents in qualifying to buy or rent nonhousing uses to do anything necessary for replacement units, including: redevelopment, despite existing law, including: 1. linking them to public or private 1. securing federal funds or program mortgage and down payment assistance participation and programs; 2. acting as an eligible developer, as 2. providing them with, or linking them to, defined by law, if necessary in the event state or federal rental assistance; of a default. 3. adjusting interest rates and minimum Debt Cancellation and Proceeds. The act payment requirements in their programs allows DECD, in consideration of a sale, lease, to make installment payments transfer, or any combination thereof, to cancel affordable to eligible residents; and outstanding principal, interest, and late charges 4. taking other reasonable actions for them the housing authority owes the state on the to purchase or rent the housing units. housing developments due and payable on or Public Hearing. The act requires New before June 30, 2003. CHFA may also cancel Britain’s housing authority or its successor to the outstanding notes and mortgages, including hold a public hearing on the final housing principal, interest, and late charges that the redevelopment plan before submitting it to the housing authority owes it for the developments commissioner. At least 30 days before the on or after July 1, 2003. hearing, the housing authority or its successor Additionally, CHFA may extend, must give written notice, including the hearing’s renegotiate, or modify the outstanding notes, date, time, and place to each household in the mortgages, and grants provided to the housing development. The notice must inform them that authority for the developments, in whole or in the housing redevelopment plan is available for part, to another sponsor, if in doing so the review in the housing authority’s office. authority will assist in the redevelopment of DECD Commissioner’s Approval. The housing on all or part of the developments. commissioner may approve the plan if he finds: Deed Restrictions. The sale or rental of 1. its implementation is in the best interest housing units to eligible residents and low- and of the state, community, and residents moderate-income families must be (a) subject to of the development; 30-year deed restrictions, which commissioner 2. adequate provision has been made for must approve, and (b) require that: the developments’ current residents, 1. at the time of any subsequent purchase including relocation assistance; or rental of one of the housing units by 3. there is sufficient, affordable housing in new owners or tenant families, New the community for the displaced Britain must insure that the owners or residents; families are low- and moderate-income, 4. residents have been involved in the and planning process; 2. resale prices of each housing unit are 5. a mechanism will be available to limited to the original purchase price, facilitate resident comments about the adjusted for inflation and plan’s implementation; and

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6. New Britain’s mayor approved the plan. 4. an analysis of the anticipated market for Under the act, the plan must also have the market-rate and below-market rate sufficient funding to complete one or more units for the redevelopment; phases of the project, and an agreement must 5. cost estimates for the redevelopment; have been made to assure compliance with the 6. the proposed displacement and requirement that percentages of offsite units are relocation of current residents, for people below 60% and 25% of the AMI. If including responsibility for the costs of the plan is implemented in phases (1) each phase relocating them; involving demolition must include related 7. a demonstration that the redevelopment reconstruction and (2) the demolition cannot be will be operated in a profitable manner; carried out unless sufficient funds are secured to 8. a statement of guaranteed affordability complete the reconstruction phase. provisions governing the below-market But the act specifies that the commissioner’s rate units; approval does not constitute a commitment or 9. evidence of support for the obligation by the state or CHFA to provide redevelopment from the resident funds. The commissioner may provide population and the local community and unallocated funds from authorized bond sales a plan for ensuring continuing resident that were in effect before the enactment of the and community consultation; and act, but only for capital costs. 10. any other information that the Housing Authority Services. New Britain’s commissioner deems necessary. housing authority may provide functions such as Open Meeting. Before submitting the final maintenance, tenant selection, billing, payroll, housing redevelopment plan to the commissioner and other related services under an agreement for approval, the housing authority and Vidal with the sponsor. If the housing authority enters Court’s tenant association must hold an open such an agreement, its employees must provide meeting on it. At least 30 days before the the services. meeting, the housing authority must notify each Vidal Court household of the meeting. The Redevelopment of Stamford’s Vidal Court (State- notice must state that the final plan is on file and Assisted Moderate-Income Development) available for inspection at the housing authority and that a copy of the plan will be provided upon The act allows a sponsor, an entity that is an request. eligible developer under any state-assisted At the meeting, the housing authority must housing program, in which Stamford’s housing receive all spoken and written comments. It must authority is a participant or partner, to redevelop provide a summary of the comments and identify Vidal Court as a mixed-income development. changes it made to the plan in response to them Vidal Court is currently a 216 unit, state-assisted when submitting the plan to the commissioner. moderate-income rental housing development. Tenant Participation, Memoranda of The sponsor may include an entity whose Understanding, and the Commissioner’s participation is financial and which is not Approval. The commissioner cannot approve the otherwise involved in housing. The housing housing redevelopment plan without evidence authority must assure that, upon completion, 216 that the sponsor has permitted Vidal Court’s replacement units for low- and moderate-income tenants full participation in the planning, review, people are built. and implementation process and will continue to Housing Redevelopment Plan Requirements. do so, as called for in the memoranda of The housing redevelopment plan for Vidal Court understanding between the Stamford Housing must include: Authority and the Vidal Court tenants dated 1. identification of the sponsor and its April 16, 2002 and December 10, 2002. participating entities; Commissioner’s Approval. The 2. a description of all financing, public and commissioner may approve a housing private, necessary for the plan’s redevelopment plan for Vidal Court, if he finds implementation; (1) it is in the interest of the state and the 3. a description of the proposed housing, community and (2) it complies with all including the required minimum provisions of this act; local ordinances; and any number of below-market rate housing laws applicable to the demolition of Vidal Court, units (216) and the maximum housing resident consultation and participation, and anti- costs and income limits for such units; displacement and relocation of displaced

2003 PA Summary Book Part II 474 2003 JUNE 30 SPECIAL SESSION residents. president that entail military action against Iraq Funds. The commissioner may provide and who is serving in the Middle East on the unallocated funds from bonds authorized before final day the tax payment is due. the act’s passage. But such funds may be used EFFECTIVE DATE: Upon passage and solely for (1) architectural, design, and applicable to assessment years starting on of engineering work; (2) site acquisition; (3) after October 1, 2002. demolition, construction, rehabilitation, and reconfiguration costs, including site preparation; SECURITIZING TOBACCO SETTLEMENT (4) furniture, fixtures, and equipment; and (5) AND OTHER FUNDS (§ 43) reasonable relocation expenses required under the Uniform Relocation Act. The act requires the state treasurer and the Debt Cancellation or Extension. The act OPM secretary jointly to develop a financing allows the commissioner to cancel the plan to raise up to $300 million (net) in general outstanding principal, interest, and late charges revenue for use in FY 2004-05. The plan can the housing authority owes the state for Vidal include “securitization” of future revenue Court that are due and payable on or before June sources (i.e., the state selling its right to receive 30, 2003. future payments), including those from the CHFA may also cancel the outstanding Tobacco Settlement Agreement; issuing bonds notes and mortgages, including principal, and other debt instruments or placing them interest, and late charges that the housing privately; or the purchase of state debt authority owes it for the developments on or instruments by public pension funds (including after July 1, 2003. Additionally, CHFA may state and municipal employees’ and teachers’ revise, extend, or cancel outstanding notes that funds). The plan must be completed by February the housing authority owes for Vidal Court, 4, 2004. subject to CHFA terms, conditions, agreements, EFFECTIVE DATE: Upon passage or considerations.

TAX EXEMPTION FOR THE DISABLED (§§ TRANSFER OF ENERGY CHARGES TO 40-41) GENERAL FUND AND RELATED PROVISIONS (§§ 44-50) The act suspends, for the October 1, 2003 assessment year, the mandatory local property The act transfers to the General Fund tax exemption for up to $1,000 worth of property revenues from two charges on consumers’ owned by a state resident who is permanently electric bills that currently fund conservation and and totally disabled. It suspends, for FYs 2003- renewable energy programs. The transferred 04 and 2004-05, state reimbursements to towns amount equals the revenues produced by the for lost revenues attributable to the exemption. charges over the next two fiscal years. Revenues The act restores the exemption and the state from the conservation and renewable energy reimbursement for the October 1, 2004 and charges, minus the amount needed for the subsequent assessment years. To receive the General Fund transfer, must continue to go to the exemption, a property owner must be eligible for funds used to pay for the conservation and Social Security or other comparable federal, renewable energy programs. PA 03-2 also state, or local government disability benefits. authorized a transfer, which was repealed by § EFFECTIVE DATE: Upon passage and 278 of this act and then reinstated by § 9 of PA applicable to assessment years beginning on or 03-1, September 8 Special Session. after October 1, 2002. The act authorizes the issuance of bonds backed by electric utility revenues, using a PROPERTY TAX AMNESTY FOR TROOPS process called securitization, to mitigate the IN THE MIDDLE EAST (§ 42) reduction in funding for the programs. The bonds are issued through the state, but are not state The act bars municipalities from charging or obligations. The issuance must follow the same collecting interest on property taxes for one year procedures as applied to the issuance of bonds to for any state resident who is a member of the pay off part of the utilities’ stranded costs. The U.S. armed forces or any state National Guard or act makes conforming changes in the existing reserve unit who has been called to active service securitization provisions of the electric for military operations authorized by the restructuring law. It includes provisions to hold

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 475 the utilities harmless from these changes. for spending the conservation fund. The new bonds, like the existing stranded cost bonds, Transfer of Energy Charge Revenues must be backed by the CTA. The CTA must cover the costs of issuing the new bonds as well Connecticut Light & Power and United as the costs of paying the bonds’ principal, Illuminating customers pay 0.3 cents per interest, and any premiums. kilowatt-hour (kwh) to fund conservation To the extent that the CTA must be programs. Customers pay 0.075 cents per kwh to increased to cover the costs of the new bonds, fund renewable energy programs; this charge the conservation and renewable energy charges will rise to 0.1 cents per kwh starting July 1, must be reduced, thus reducing funding for the 2004. conservation and renewable energy programs. Customers pay a third charge, called the However, the CTA must be increased to cover competitive transition assessment, (CTA) to pay the costs associated with the new bonds, even if off the utilities’ stranded costs. These are costs DPUC does not make offsetting cuts in the that were previously in electric rates but whose conservation and renewable energy charges. Any continued recovery was jeopardized with the increase in the CTA or decrease in the start of competition in the electric industry conservation or renewable energy charges that authorized by the 1998 electric restructuring law. result from the issuance of the bonds must be The law allows for the issuance of “rate included as a rate adjustment on customers’ reduction bonds” backed by the CTA using a electric bills. process called securitization. By law, the right to receive the CTA used to The act requires that all of the revenues from cover the costs eligible for securitization is called the conservation and renewable energy charges “transition property,” which belongs to the raised during FYs 2003-04 and 2004-05 be utility. The utility can sell its interests in this transferred to the General Fund unless the property to an affiliate. The utility or its affiliate Department of Public Utility Control (DPUC) can, in turn, sell this interest to a financing entity authorizes, by October 30, 2003, the issuance of (the state treasurer or an entity she designates), to new securitization bonds authorized by the act on be used as the basis of securitization bonds. Any behalf of both utilities. If DPUC authorizes the of these entities can also pledge the transition new bonds, their proceeds must provide the property as collateral for the bonds. DPUC can General Fund an amount equivalent to the two issue a “financing order” authorizing the year’s worth of revenues from each charge. issuance of securitization bonds. The order can DPUC can authorize a single issuance of bonds be adopted only if the utility consents to all of its to cover the transfer of revenues for both terms. The order and CTA are irrevocable. programs and both utilities. If DPUC approves DPUC cannot (1) revise the order, (2) determine bonding only for one program, all of the FY that the CTA is unjust or unreasonable, or (3) do 2003-05 revenues from the other charge must be anything to reduce the value of the transition transferred to the General Fund. property. DPUC must adjust the CTA in order to allow timely recovery of all affected costs that it Bond Issuance Procedures covers. The act additionally bars DPUC from revising the amount of revenue from the two DPUC must generally follow the same charges that is transferred to the General Fund. process in authorizing the new bonds, including By law, the financing entity (the state, acting holding a public hearing, that applied to the through the treasurer or certain other parties) can authorization of the original stranded costs issue securitization bonds after DPUC approves bonds. But, the hearing does not count as a the financing order. By law, the bonds must contested case. As a result, the Office of mature by December 31, 2011. Their proceeds Consumer Counsel is not entitled to participate must be used for DPUC-approved purposes as in the case and the decision cannot be appealed specified in the financing order. The proceeds to the courts. DPUC may not authorize bonds cannot be used to buy generation assets, buy that include covenants that prohibit any change back stock, pay dividends to shareholders, or pay to the utilities’ appointment of an administrator operating costs (other than taxes on the of the conservation fund or the authorization of proceeds). The act requires DPUC to determine continuation of the transfer of conservation the amount of the bond proceeds that can go to charge revenue to the General Fund under the the General Fund. This determination is not budget act. The act does not affect the process considered a contested case, thus the Office of

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Consumer Counsel is not entitled to participate widely used in connection with assets such as in the determination and it cannot be appealed to mortgages, consumer installment loans, and the courts. student loans. Typically, the assets are The bonds and the financing order are not transferred to a third party such as a trust, which state debt, and the bonds must say this on their issues securities that are bought by institutional face. They do not count towards the state’s debt investors. For example, a bank could transfer its limits. They do not make the state or mortgages to a third party, which then issues municipalities contingently liable. The state bonds that are backed by the mortgage payments. pledges with the bondholders and the owners of The bond proceeds go to the bank, which can use transition property that it will not alter the CTA, the money to retire or refinance its debt, among transition property, and financing orders until its other things. The underlying revenue stream (in obligations have been met. The parties involved this case the mortgage payments) go to the in the securitization process are exempt from bondholders taxes on the relevant property or revenue. The bonds are treated for state income tax purposes DISTRESSED PROPERTY TRANSFER (§ 51) as though a public body had issued them. The act allows a housing authority, with the Hold Harmless Provisions DECD commissioner’s approval, to convey a financially distressed property it owns to CHFA If the bonds are not issued, all of the under certain conditions. The authority can do utilities’ expenditures and commitments that this with respect to any property DECD financed would have been funded by the conservation and then transferred to CHFA for administrative renewable energy charges in the absence of the oversight. PA 02-1 and PA 02-5, May 9 Special act must be recovered through the utilities’ CTA Session, authorized the transfer and required or the systems benefits charges, provided the CHFA to pay the state $85 million for the conservation expenditures do not exceed $4 property. million and the renewable energy expenditures The commissioner can approve a transfer if do not exceed $1 million per month. (The he finds that: systems benefits charge is an existing charge on 1. the housing authority is financially electric bills that is used to cover several public unable to maintain a property, policy costs.) This provision applies to the 2. there is no reasonable prospect that the utilities’ expenditures and commitments authority will be able to do so in the approved by DPUC from the act’s passage until future, DPUC determines that the bonds cannot be 3. the authority requested the transfer, and issued. 4. CHFA is prepared to accept it. The act bars DPUC from including the EFFECTIVE DATE: Upon passage existing or newly authorized bonds as debt (1) in determining a utility’s capital structure for FINANCING AFFORDABLE HOUSING (§ 52) ratemaking purposes, (2) in calculating its return on equity, or (3) in any way that would harm the The act adds businesses that finance utility for ratemaking purposes. Utilities finance affordable housing to the list of businesses that their facilities with a mix of debt and equity. are eligible to obtain state financial assistance. DPUC allows utilities to earn a lower rate of Businesses that (1) construct; (2) acquire; (3) return on their debt than their equity, and a rehabilitate; or (4) operate affordable housing, or utility’s mix of debt and equity affects the rates do any combination of these activities, were that it is allowed to charge. If a utility exceeds its already eligible to obtain assistance. authorized return on its equity, DPUC can EFFECTIVE DATE: October 1, 2003 initiate a proceeding that can result in a rate decrease. PROPERTY TAX EXEMPTION FOR EFFECTIVE DATE: Upon passage MANUFACTURING EQUIPMENT (§ 53)

Background-Securization The act narrows the scope of the property tax exemption on manufacturing equipment in Securitization is a financial mechanism that three ways. First, it subjects machinery and converts the value of a revenue stream into equipment used to provide presorting, sorting, marketable securities. This mechanism has been coding, folding, stuffing, or delivering direct or

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 477 indirect mail distribution services to the tax. BRISTOL HISTORICAL SOCIETY Second, it specifies that in order for processing VALIDATION (§ 57) machinery and equipment to be tax-exempt, it must used in a manufacturing process. Third, it The act gives the Bristol Historical Society makes machinery and equipment that it is used to 30 days from its effective date to file its property develop microorganisms for specific uses, as tax-exempt statement with the Bristol board of distinct from other biotechnology applications, assessors, so long as the society pays the late subject to the tax. filing fee. EFFECTIVE DATE: Upon passage EFFECTIVE DATE: Upon passage

FOR PROFIT HOSPITAL SALES TAX FEE FOR DELINQUENT PROPERTY TAX EXEMPTION (§ 54) PAYMENT ON MOTOR VEHICLES (§ 58)

The act exempts from the sales and use tax The act allows a municipality, by vote of its medical equipment and supplies for patient care legislative body, to impose a $5 fee on sold to or by for-profit, acute care hospitals for delinquent motor vehicle property tax payers if their exclusive use. By law, sales of tangible the municipality notified the Department of personal property or services to and by nonprofit Motor Vehicles of the delinquency under the hospitals, nursing homes, rest homes, and program in which the registration for such residential care homes are tax-exempt. vehicles can be denied. EFFECTIVE DATE: Upon passage and EFFECTIVE DATE: Upon passage applicable to sales on or after July 1, 2005 REDUCTION IN REIMBURSEMENT GRANTS FOR VETERANS PROPERTY TAX HOSPITAL DISPROPORTIONATE SHARE EXEMPTION (§ 59) PAYMENTS (§ 55) The act eliminates the state’s reimbursement The act authorizes the social services for revenue municipalities lose due to the partial commissioner to make disproportionate share property tax exemption for veterans who have payments to a short-term general hospital that incomes above statutory limits. It requires, changes ownership in the middle of a hospital starting in FY 2003-04, that the grant to fiscal year (which begins on October 1) for the municipalities to compensate them for the year in which the ownership change occurs. property tax lost due to the property tax EFFECTIVE DATE: Upon passage exemption for veterans with incomes below these limits be reduced proportionately if the CONNECTICUT ADVISORY COMMISSION total amount due to municipalities exceeds the ON INTERGOVERNMENTAL RELATIONS amount appropriated for this reimbursement. (§ 56) EFFECTIVE DATE: Upon passage and applicable to assessment years starting on or The act permits legislators to serve as after October 1, 2002. gubernatorial appointees on the Connecticut Advisory Commission on Intergovernmental ADRIAEN'S LANDING (§§ 60-62, 240) Relations. The governor appoints 10 members to the 24-member commission: six municipal The act expands the powers of the Capital officials, two local public education officials, City Economic Development Authority one representative from the regional council of (CCEDA) with respect to the convention center government or regional planning agency, and component of the Adriaen’s Landing project. one nongovernmental official. The governor The act allows CCEDA to acquire land or rights- also appoints the chairman and vice chairman in-land in connection with on-site private from the membership. The commission acts as a development or related infrastructure forum for consultations among state and local improvements. It allows CCEDA to lease land or government officials, conducts research on rights-in-land in connection with these intergovernmental issues, encourages and developments and improvements, the convention coordinates studies of intergovernmental issues, center hotel, and other convention center and makes public policy recommendations. facilities. It allows CCEDA to enter into related EFFECTIVE DATE: Upon passage common area maintenance, easement, access,

2003 PA Summary Book Part II 478 2003 JUNE 30 SPECIAL SESSION support, and similar agreements. EXEMPTION FROM TAX ON HEALTH Under prior law, construction projects for all CARE CENTERS (§ 65) major components of the project had to be awarded on a guaranteed maximum price basis. The act exempts from the tax on health care The act allows the OPM secretary to waive this centers any new or renewal contract or policy requirement if he determines that this is in the entered into on or after July 1, 2003 to provide state's best interest. health care coverage under the municipal The act broadens the circumstances under employees health insurance program to which land leased for the project is considered to individuals eligible for a health coverage tax be state-owned and for which the state must credit and their families. make a grant in lieu of taxes. It requires the state EFFECTIVE DATE: Upon passage to make the payment on any land it leases for at least 99 years. Prior law required the state to do HEALTH CARE TAX CREDIT FOR this if it leased the land for this period and the INDIVIDUALS—HEALTH REINSURANCE lessor owned the land on May 2, 2000. ASSOCIATION (§§ 66-68) The act also makes related minor changes. EFFECTIVE DATE: Upon passage The act prohibits the inclusion in any comprehensive health care plan issued through PARTICIPATION IN STATE-NEGOTIATED the Health Reinsurance Association (HRA) to an HEALTH INSURANCE PROGRAM (§§ 63-64) eligible person of any limitation or exclusion of benefit based on a preexisting condition if he The act allows individuals eligible for a maintained creditable health insurance coverage health coverage tax credit under the federal for three months as of the date on which he seeks Pension Benefit Guaranty Corporation and Trade to enroll. The three-month period does not Adjustment Assistance programs of the Trade include any period prior to a 63-day break in Act of 2002 (PL 107-210) to participate in a state coverage. This prohibition applies to certain negotiated health insurance program. The displaced workers harmed by foreign trade and federal law applies to certain displaced workers certain retirees receiving payments from the harmed by foreign trade and certain retirees Pension Benefit Guarantee Corporation, who are receiving payments from the Pension Benefit eligible for a federal tax credit for health care Guarantee Corporation. insurance costs under § 35 of the Internal The act does not require a participating Revenue Code as amended by PL 107-210. The insurer or health care center to issue individual act allows coverage to be terminated to the policies to these individuals. The act extends to extent permitted by federal law. them some, but not all, of the participation HRA is a health insurance risk pool whose conditions that apply to other program members are health insurers, self-insurers, and participants. Among the applicable conditions HMOs doing business in the state. It provides are that participation is voluntary and cannot individual and group comprehensive health care increase the insurance rates that the state pays for plans to residents who cannot obtain other its employees. On the other hand, the act does coverage in the private market. not extend to these individuals provisions that The law requires HRA’s board of directors protect a group of employees from denial of to submit a plan of operation to the insurance entry into the program due to past health care commissioner with certain information. The act costs or claim experience and other provisions requires that the plan also contain whatever relating to an employee-employer relationship. provisions necessary for the association to By law, municipal employees and employees of qualify as acceptable coverage for purposes of nonprofit organizations and community action the federal Trade Act of 2002. (This law agencies are eligible for this program, and PA provides a refundable tax credit for 65% of the 03-149 made employees of small employers taxpayer’s expenses for qualified health eligible. insurance to the taxpayer and qualifying family The act requires the comptroller’s annual members for each eligible coverage month report to the legislature on the program to cover beginning in the taxable year.) these eligible individuals, as well as others The law gives the association certain powers covered by the program. and authority. The act authorizes it to apply for EFFECTIVE DATE: Upon passage and accept grants, gifts, and bequests of funds from other states, federal and interstate agencies

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 479 and independent authorities, private firms, The box office account can receive and hold individuals, and foundations to carry out its ticket receipts. The escrow accounts can hold responsibilities. It requires that any such funds it rental, security, and similar deposits until the receives be deposited in the General Fund and event takes place and accounts are reconciled. credited to a separate non-lapsing account for Receipts and deposits from this account can be HRA. It permits HRA to use these funds in the disbursed in accordance with industry standard performance of its duties. practices. The revenue account can be used to EFFECTIVE DATE: Upon passage collect revenue from stadium operations on a daily basis. The operating expense account can UCONN STADIUM FACILITY ENTERPRISE be used to pay reasonable and prudent stadium FUND (§ 69) operational expenses on a daily basis. Money in the box office account and any escrow accounts The act makes several accounting changes to do not count as state moneys, and thus subject to the UConn Stadium Facility Enterprise Fund. It the laws governing accounting and deposit of requires that earnings on investments of money such moneys, until they are recognized as in the fund be retained and used for the fund’s stadium operations revenues when accounts are purposes. reconciled in accordance with standard industry practices. Accounts Within the Fund The secretary can move money from the revenue account to the operating expense The act specifies that any General Fund account, in accordance with accounting and appropriations or other money received from payment procedures approved by the federal, state, municipal, or private sources for comptroller, to pay for the expenses of stadium capital additions or replacements at the stadium operations. The stadium manager, in accordance be deposited in the existing stadium facility with such procedures, can pay operating capital replacement account within the Enterprise expenses directly from the operating expense Fund. This provision does not apply to money account. If the balance in the revenue and provided by United Technologies Corporation operating expenses accounts at the end of any for traffic and road improvements under existing calendar month is more than the stadium’s law. By law, money remaining in the Enterprise projected expenses for the next three calendar Fund at the end of the fiscal year, other than months, the secretary must transfer the excess to money needed for certain uses, must be the fund. The secretary must determine what transferred to the account. The act specifies that constitutes reasonable and prudent operational one of these uses is scheduled or other future expenses with due regard to the customary maintenance or repairs, rather than just deferred practices at comparable facilities hosting similar maintenance and repairs. events. The act allows the OPM secretary, with the The secretary, with the other officials’ approval of the treasurer and comptroller, to approval, can also establish subaccounts within establish box office, revenue, and operating the revenue and operating expenses accounts that expenses accounts and escrow accounts for he considers appropriate to segregate and specific events, all within the fund, to facilitate account for revenues and expenses of catering, day-to-day stadium operations. The concessions, parking, and other ancillary establishment of the revenue and operating activities. expenses accounts and any other accounts holding state moneys associated with the stadium Accounting, Auditing, and Related Requirements requires the approval of the comptroller and treasurer, as does the cash management and The Enterprise Fund, the revenue and overnight investment features of these accounts. operating expenses accounts, and any other The treasurer must make or approve any accounts that hold state money associated with investments or investment arrangements. The the stadium are subject to statutory accounting interest and earnings of any such investments of and deposit requirements, except as specified these accounts must be treated as revenues from above. They are subject to a comprehensive stadium operations. annual audit by an independent auditing firm The accounts must be established under using generally accepted auditing standards. The agreements with the stadium facility manager secretary must select the auditing firm from a list and be held at one or more Connecticut banks. of at least four firms supplied by the comptroller.

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The audit’s cost must be treated as a stadium two years. The permit expires at that time unless operating expense. In addition, the auditors of renewed by the revenue services commissioner. public accounts must conduct an audit of the The act increases the permit fee from $20 to $50. internal control of the stadium’s operations EFFECTIVE DATE: October 1, 2003 before November 30, 2003. The auditors must pay for this audit and provide advanced notice of SALES TAX PAYMENT FREQUENCY (§ 74) the audit to the secretary. The act also requires the secretary to submit By law, retailers must remit their sales taxes an annual operating and capital budget for the on a monthly basis unless their annual tax stadium to the comptroller by April 2. No more liability is less than $4,000, in which case they than 45 days after the budget’s submission, the must pay quarterly. The act changes the date that comptroller must submit her comments to the the year ends, for purposes of making this secretary. By law, a copy of the budget must go determination, from September 30 to June 30. to the Finance, Revenue and Bonding and EFFECTIVE DATE: October 1, 2003 Appropriations committees; the act specifies that this must happen after the comptroller submits UNPAID TAXES AND COLLECTION her comments on the budget. AGENCIES (§ 75) EFFECTIVE DATE: Upon passage Under the act, when the revenue services LOCAL APPROVAL OF MOTOR VEHICLE commissioner enters into an agreement with a DEALERS, REPAIRERS, AND RECYCLERS collection agency or lawyer to collect a (§§ 70-71) taxpayer’s unpaid taxes and associated interest and penalties, the taxpayer’s account must be This act limits the local agencies that can credited with the amount collected before it is approve the siting of a vehicle dealer and reduced by the compensation the commissioner repairer businesses and vehicle recyclers. Under pays or the agency or lawyer retains under the prior law, the site could be approved by the agreement. zoning commission, planning and zoning (P&Z) EFFECTIVE DATE: Upon passage commission, or other board of authority designated by local law. Under the act, in the NONRESIDENT CONTRACTORS (§ 76) case of towns or cities that have a zoning commission, P&Z commission, and a board of This act allows a nonresident contractor appeals, the act requires that the board of appeals carrying out a contract in Connecticut to petition grant the approval. (A municipality can have a the revenue services commissioner to allow him zoning commission or a P&Z commission, but to furnish a guarantee bond for 5% of the not both, and thus it is unclear whether any contract price rather than have an equivalent municipalities are affected by this provision.) amount withheld from the contract price, as prior EFFECTIVE DATE: October 1, 2003 law required. Under prior law, customers doing business CONNECTICUT MINIMUM TAX (§ 72) with nonresident contractors had to withhold 5% of the contract price, depositing it with the The act increases the Connecticut minimum commissioner within 30 days after the contract’s tax for individuals, trusts, and estates. Under completion. By law, DRS must provide the prior law, the minimum was the lesser of 19% of customer a receipt and deduct from the deposit the adjusted tentative minimum tax or 5% of the any taxes due as a result of the contractor’s taxpayer's adjusted federal alternative minimum activities. taxable income. The act increases the latter The act requires the nonresident contractor figure to 5. 5%. to petition the commissioner no later than 120 EFFECTIVE DATE: Upon passage and days after the start of the contract. The applicable to taxable years starting on or after commissioner may grant the petition on such January 1, 2003 terms and conditions as she requires. The commissioner must, upon the contractor's SALES TAX PERMITS (§ 73) request, follow the same audit, certification, and payment procedures she would have followed if The act makes sales tax permits issued on or the 5% was withheld from the contract price. after October 1, 2003 valid for five rather than EFFECTIVE DATE: Upon passage

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 481

INVESTMENTS UNDER THE URBAN SITES and trademarks. It is not clear whether the act or PROGRAM (§ 77) the existing law governs intangible property transaction interest cost add-backs. The act increases, under certain circumstances, the maximum investment that a Alternative Combined Reporting Requirements taxpayer can make under the urban sites Repealed program, in which it receives a credit against its state business taxes. Under prior law, the The act repeals budget act provisions that maximum investment was the amount of state required a group of related companies that meet revenue that the project will produce, as certain criteria to determine the corporation tax determined by a revenue impact assessment. The liability of the group’s members doing business act increases the maximum investment to the in Connecticut as if the group were a single combined state and local revenue, as determined company, thus making more of the group's by the assessment, if the project involves a firm income to Connecticut tax and making a share of in one of four manufacturing industries, the firm the royalties, interest, or similar payments and is relocating from out of state, and the relocation transactions a corporate taxpayer makes among will result in the development of at least 725,000 its affiliates taxable in Connecticut. The act also square feet in a state-sponsored industrial park. eliminates a third condition the budget act added The industries are pharmaceutical preparations, to the list of conditions for the Department of unclassified food preparation, lubricating oils Revenue Services (DRS) commissioner’s and greases, and miscellaneous manufacturing decision to approve an alternate method of industries. calculating taxes for corporate groups filing The act requires the tax credit applicant to optional combined corporation tax returns. (A pay for the costs of all activities performed in the full description of the repealed provisions can be exercise of due diligence in reviewing the found in the summary of PA 03-1, June 30 project, rather than just the costs of the revenue Special Session, §§ 90 and 91.) impact assessment and economic feasibility studies. Treatment of Interest Expenses and Costs The act establishes a separate non-lapsing “Connecticut Impact and Analysis Account” in The law already requires companies, in the General Fund to hold any proceeds the state determining net income for corporation tax realizes in connection with the urban sites purposes, to add back otherwise deductible program and any other money required by law to intangible property and related interest expenses be held in the account. Investment earnings stay arising from transactions with affiliated with the account. The DECD can use the money companies. This act imposes an add-back in the account for the costs of the program, requirement on any otherwise deductible interest including the department’s administrative costs, costs arising from transactions with affiliates. It and can carry forward any balance to the next is not clear how the act and the existing law fiscal year. interact EFFECTIVE DATE: Upon passage The act specifies that interest added back does not count towards the Connecticut LIMITS ON DEDUCTIONS FOR INTEREST company’s gross income for Connecticut PAID AMONG AFFILIATED corporation tax purposes. A multi-state CORPORATIONS (§§ 78, 81, 248) corporation must also exclude from its apportionment receipts factor any interest it The act repeals the alternative combined receives from an affiliate that was already added corporation tax filing provisions of PA 03-1, back in the affiliate’s net income under the act. June 30 Special Session (the budget act), which As is the case with the law on intangible cost had not yet taken effect. Instead, it limits add-back requirement, under the act, a company deductions for interest costs relating to need not add the costs or expenses to its net transactions among affiliates. A similar but not income more than once. identical law, which the act does not change, limits deductions for fees and related interest Covered Affiliates costs arising from intangible property transactions among affiliated corporations, such The act applies the add-back requirements to as payments for the use of patents, copyrights, transactions between a taxpaying company and:

2003 PA Summary Book Part II 482 2003 JUNE 30 SPECIAL SESSION

1. a stockholder, who individually or with minus 3%). his family or his affiliated business The existing law’s intangible property entities, owns at least 50% of the value transaction cost add-back requirement does not of its stock; apply if the taxpaying company shows by a 2. another corporation that owns at least preponderance of evidence (a lower standard 50% of its stock; than the act’s “clear and convincing” evidentiary 3. a “component member” under the requirement for this exclusion) that (1) the Internal Revenue Code (generally, a transaction’s principal purpose was not to avoid corporation that is part of a controlled Connecticut tax or (2) the affiliate transferred the group of corporations for at least half of intangible property transaction fees and related the days in the taxable year); or interest costs to a third, unaffiliated party in the 4. a person who is considered to own the same income year as it received them. company under the Internal Revenue The act’s add-back requirement also does Code, other than a statutory business not apply if: trust which has no beneficiary that 1. the company establishes by clear and meets one or more of the first three convincing evidence, as determined by criteria in this list. (Under the Code, a the DRS commissioner, that the person can be considered a constructive adjustment is unreasonable; owner based on ownership of options to 2. the company establishes to the buy stock; on stock owned through a commissioner’s satisfaction that it and partnership, estate, trust, or corporation; its affiliates engage in substantial inter- or, in certain circumstances, on stock corporate transactions, the company and the person’s spouse, children, or the commissioner agree in writing to grandchildren own.) use an alternative way of determining The intangible property add-back law also the group’s combined tax, and the applies to the above-listed affiliates. But, unlike combined tax accurately reflects the the intangible property law, the act extends the activity, business, income, or capital of interest add-back requirement to transactions the companies in Connecticut; or with any entity, regardless of how it is organized, 3. the company and its affiliates have that has the same relationship to the taxpaying substantial inter-corporate transactions company as any of the affiliates described above. and the company elects, irrevocably and in writing on DRS-authorized forms, to Exclusions calculate its tax on a combined basis with those affiliates for five successive As is the case for intangible property income years. transaction cost add-back requirements under The existing law’s intangible property existing law, interest cost add-backs under the transaction add-back requirement does not apply act do not apply in certain situations and if (1) the company establishes by clear and circumstances. The act’s add-back requirement convincing evidence that the adjustment is does not apply if a company establishes by clear unreasonable or (2) the company and the DRS and convincing evidence that: commissioner agree to use an alternate method 1. the transaction’s principal purpose was of apportionment to determine the tax. The not to avoid the Connecticut corporation existing law does not allow a company to avoid tax; the intangible property transaction add-back 2. the interest is paid at a rate and under a requirement by choosing to file on a combined contract whose terms reflect an arm’s basis with its affiliates. length transaction; and Finally, the act’s add-back requirement does 3. either (a) the affiliate is subject to not apply if the interest is paid to a related Connecticut’s insurance premium tax or company located in a country with which the a comparable tax in another state or (b) United States has a comprehensive income tax its net income, including interest from treaty. The intangible property add-back law has the transaction with the Connecticut no similar exclusion. company, is taxable in another state, a Neither the existing law’s nor the act’s U.S. possession, or a foreign country exclusions affect the DRS commissioner’s and the tax rate in the other jurisdiction existing authority to enter into agreements or is at least 4.5% (Connecticut’s rate compromises or to make tax adjustments.

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 483

EFFECTIVE DATE: Upon passage and legislative leaders and the governor. applicable to income years starting on or after Appointing authorities must appoint January 1, 2003. members within 30 days after the act’s passage. The appropriate appointing authority must fill CORPORATION TAX SAFE HARBOR (§ 79) any vacancy. Any member, except for the governor’s appointee, may be a legislator. For the 2003 and 2004 income years, the act Commission members serve without protects corporation taxpayers affected by its compensation, except for necessary expenses new interest add-back requirements from incurred in the performance of their duties. The penalties for underpaying estimated corporation commission must choose a chairperson from tax, if the underpayment was created or among it members, who must schedule the increased by the new requirement. commission’s first meeting within 60 days of the EFFECTIVE DATE: Upon passage act’s passage. The act requires the Attorney General’s Office and the Department of MAXIMUM SUPPLEMENTAL TAX ON Transportation to provide the commission with COMBINED RETURNS (§ 80) administrative and technical assistance on request. The law requires a corporate group that chooses, or that the DRS commissioner requires, Memorandum of Understanding and to file a combined return to pay a supplemental Termination of the Commission tax in addition to that calculated using its combined net income or capital base. The The act authorizes, but does not require, the additional tax is the difference between the sum commission to enter into a memorandum of of amounts that would be due if each member of agreement with the Rhode Island commission to the corporate group filed separately and the establish and settle the location of the boundary amount due under the combined return, but no line. It requires the commission chairperson to more than a maximum amount. sign the agreement if one is reached, certifying The act increases this maximum that a majority of commission members have supplemental tax from $25,000 to $250,000. voted to approve it. The commission must EFFECTIVE DATE: Upon passage and submit the agreement and a report on its findings applicable to income years starting on or after and recommendations to the House and Senate January 1, 2003. clerks no later than 30 days after the agreement is completed and signed. The legislature may CONNECTICUT AND RHODE ISLAND ratify the agreement, which can only take effect BOUNDARY LINE (§ 82) upon ratification by both the Connecticut and Rhode Island legislatures. The commission The act creates a seven-member commission terminates on the date that ratification occurs. to work with a similar Rhode Island commission to determine and mark, by suitable monuments Rhode Island Commission and buoys, the boundary line between Connecticut and Rhode Island from the mouth of The act requires the commission to work in the Ashaway River north to the Massachusetts conjunction with the Rhode Island commission border. It authorizes the commission to enter into established by House Resolution 6539 and a memorandum of agreement with the Rhode Senate Resolution 1159 of the Rhode Island Island commission, and, if such an agreement is General Assembly’s January 2003 session. reached, requires the commission to submit it EFFECTIVE DATE: Upon passage and a report on its findings and recommendations to the House and Senate for IMPLEMENTING THE “HELP AMERICA ratification. The memorandum of agreement can VOTE ACT” (§§ 83–103) take effect only upon ratification by both the Connecticut and Rhode Island legislatures. The act establishes voter identification and voting procedures for elections for federal office Commission Membership to comply with the requirements of the federal “Help America Vote Act of 2002” (HAVA). It The commission must include seven creates enhanced identification requirements for members, one each appointed by the six certain people applying by mail to register to

2003 PA Summary Book Part II 484 2003 JUNE 30 SPECIAL SESSION vote and requires proof of identity when include notice that the applicant may not appearing to vote at the polls or voting by complete the form if answers to the questions on absentee ballot or presidential ballot. It age or status as a U.S. citizen indicate that he is establishes a provisional ballot with procedures ineligible to vote. for using and counting it. Regular elections for federal office occur in Provisional Ballots even-numbered years, and the act applies to elections for the offices of president and vice Eligibility. The act authorizes provisional president and elections and primaries for U.S. ballots for people who appear at the polling place senator and representative. claiming to be eligible to vote there though their names do not appear on the registry list. If they Proof of Identity cannot be restored to the list under existing law that applies when their address changed within HAVA allows voters who register by mail, the town or the omission was due to clerical beginning January 1, 2003, to submit error, they can request and cast a provisional supplemental identification and avoid a ballot. People who registered by mail without requirement to show identification when they the necessary identification and appear at a vote for the first time. The act conforms to this polling place or apply for an absentee ballot for provision for anyone registering to vote by mail the first time after registering without proper ID for the first time. It specifies the acceptable may also vote by provisional ballot. Provisional identification that an applicant may include with ballots are kept separate and counted only after a mail-in voter registration. If a person does not registrars verify that these voters are eligible to submit the identification when registering, he vote. The ballots are cast only for candidates for will be required to present either a copy of a federal office. current, valid photo ID or a current utility bill, A person who is the subject of a challenge bank statement, government check, paycheck, or (whose name appears on the registry list, but government document that shows his name and someone believes the person is not qualified and address when voting in person at the polls or entitled to vote) and is not permitted to use a submitting an absentee ballot. The voter registry challenge ballot may apply for and cast a list must indicate the voters whose failure to provisional ballot. show ID when registering requires them to do so Casting and Counting. The secretary must when they vote. provide the ballots and envelopes; she may A person who fails to produce the prescribe the same ballot used by overseas voters identification may cast a provisional ballot in entitled to vote only for candidates for federal person or his absentee ballot will be treated as a offices. Each moderator must receive necessary provisional ballot for federal offices only. provisional ballot materials, including enough The act establishes an identification ballots and serially-numbered envelopes to equal requirement for anyone applying for a at least 1% of the number of registered voters in presidential ballot. (The ballot is available to the district or as many as the registrars and town Connecticut residents who are not registered clerk agree will be sufficient to protect voters’ voters or former residents who have moved rights. within 30 days before the election, and it allows Each applicant must apply before an election them to vote for president and vice president official and affirm in writing under penalty of only.) Whether applying in person or by mail, false statement in absentee balloting, a class D an applicant must present a photo ID or a copy of felony, that he is eligible to vote in the election the same documentation required for mail-in or primary at that polling place and has not voted voter registration applicants. and will not vote otherwise. The moderator provides an applicant with a provisional ballot Voter Registration Information and serially numbered envelope and records it on an inventory form. The act adds a question to the mail-in Applicants mark the ballot and receive registration form on whether the applicant will documentation to use to later verify whether the be 18 years old by election day and a space for vote was counted. The registrars must provide the applicant’s driver’s license number or the last free access to a system that verifies, only to the four digits of his Social Security number, if he voter, whether the ballot was counted, and, if has no driver’s license. The application must not, why.

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 485

As soon as the polls close, the moderator The act broadens (1) the circumstances must seal the depository envelope with all the under which agencies can refuse to disclose cast provisional ballots and deliver it to the under the Freedom of Information Act (FOIA), registrars. The registrars must verify the on safety grounds, records related to water information for each ballot, determine whether companies and (2) the types of water company the applicant is eligible to vote, and note their records that can be exempted. decision on the outer envelope. If they By law, the public works commissioner can determine the person is eligible, they count the exempt any record held by an executive branch ballot, using the procedures for counting agency from disclosure if he reasonably believes absentee ballots. If they determine the person is that its disclosure would result in a safety risk to ineligible or cannot determine eligibility, they a person or to a government facility or related mark the envelope “Rejected,” along with the property. Government facilities include those reasons for rejection, and sign it. owned by municipal utilities and those owned by The act gives the registrars six days after the utilities regulated by the Department of Public election or primary to verify and count all Utility Control (DPUC). The act broadens the provisional ballots. The head moderator must file definition of government facilities to include a corrected return for the election for federal facilities owned by other water utilities, such as offices with the town clerk and the secretary. those serving individual subdivisions, which are Absentee Ballots. Absentee voters who regulated by the Department of Public Health registered by mail and did not submit the (DPH) but not by DPUC. acceptable ID with the registration application By law, the exemption applies to eight must include ID in the outer envelope with their types of safety-sensitive records, such as security voted absentee ballot. For voters who fail to do manuals and emergency plans. With regards to so, absentee ballot counters must mark the water utilities, the act additionally exempts: (1) envelope “Rejected as an Absentee Ballot” but vulnerability assessments and risk management treat it as a provisional ballot for federal offices. plans; (2) operation plans; (3) water supply plan information submitted to DPH that, if revealed, Polling Places Information would pose a security risk to the water utility; (4) inspection reports; (5) technical specifications; The act requires the secretary to prescribe, and (6) other materials that depict or specifically and town clerks to provide, instructions at describe critical water company operating polling places at an election or primary for facilities, collection and distribution systems, or federal office on the act’s identification sources of supply. Just as with other security- requirements, provisional ballots, and other related records, the exemption does not apply to election law requirements. The act requires that, law enforcement agencies. at a primary, sample ballots include information The act requires public agencies that receive on the voting date and hours and information on requests for water utility information to promptly the use of the voting machines. This information notify the water utility and the public works is already required by law for an election. commissioner before complying with the request. It requires the commissioner to consult Polling Place Identification with the water utility before determining if the information is exempt from disclosure. The act adds to the form voters must sign EFFECTIVE DATE: Upon passage when they appear at a polling place without identification (1) the person’s printed name, SUBLETTING STATE LAND, BUILDINGS, address, and date of birth and (2) a statement of AND FACILITIES (§ 105) the penalty for false statement. An assistant registrar must review the form (a separate one The act permits the public works for each voter, rather than a list) and, if it is commissioner, with the State Properties Review complete and accurate, allow the person to vote. Board’s approval, to sublet property the state EFFECTIVE DATE: January 1, 2004 leases to municipalities for municipal use or private parties for private use if (1) the state does EXEMPTING WATER COMPANY not use or need the property and (2) subletting INFORMATION FROM DISCLOSURE seems desirable to produce income or is in the UNDER THE FREEDOM OF INFORMATION public interest. The terms of any such subletting ACT (§ 104) agreement are not automatically extended by the

2003 PA Summary Book Part II 486 2003 JUNE 30 SPECIAL SESSION state’s exercise of its option to renew the lease. The act requires the board to: The act requires the commissioner to deposit 1. establish, implement, and oversee the income from subletting in the General Fund interagency and interdepartmental to offset payments made to lease the property. policies, procedures, and protocols and EFFECTIVE DATE: Upon passage enter into written agreements to assure that the CORE-CT system has CONVEYANCES (§ 106) appropriate controls on data access, sharing, and security; The act requires DOT to convey two parcels 2. resolve interagency and of state property located along the existing right- interdepartmental conflicts and of-way for the relocated Route 7 in the towns of concerns that arise in operating or Norwalk and Wilton to the Connecticut Light sharing data in the CORE-CT system; and Power Company (CL&P) for constructing and and maintaining electrical transmission facilities. 3. advise the comptroller on operating and CL&P must pay fair market value for the administering the system. property. The act makes each board member, member The conveyances are subject to the State of a permanent or ad hoc committee it Properties Review Board’s approval. The board establishes, and individual operating or must complete its review of the conveyance not administering the system a state employee or later than 30 days after it receives the proposal officer for purposes of immunity from personal from DOT. The state treasurer must sign and liability for damages or injuries caused in deliver any deed or other necessary conveyance performing their duties (other than those caused instrument to CL&P, and the DOT commissioner wantonly, recklessly, or maliciously), defense by is solely responsible for all other incidents of the the attorney general, and indemnification from conveyance. Any conveyed property reverts financial loss when such claims are made. back to the state if CL&P does not use it for the The act requires the policy board to meet at stated purpose, does not retain ownership of the least quarterly and when the comptroller entire parcel, or leases any of it. determines it is needed. Three members EFFECTIVE DATE: Upon passage constitute a quorum to transact business. EFFECTIVE DATE: Upon passage CORE-CT (§ 107) DEP FEE INCREASES (§§ 108-139) The act establishes a CORE-CT policy board consisting of the comptroller, OPM The act increases various Department of secretary, Supreme Court chief justice, House Environmental Protection (DEP) fees. Table 1 speaker, and Senate president pro tempore, or provides (1) the citation, (2) the fee’s purpose, their designees. The comptroller chairs the (3) the former fee amount, and (4) the fee board, which is located in her office for amount under the act. It also removes the DEP administrative purposes. Core-CT is the project commissioner’s discretion to change certain fees to replace Connecticut state government's core by regulation. Some existing regulatory fees are human resources and financial computer higher than those set but the act; presumably the systems, including central and agency higher fee will be charged. These fees are noted accounting, purchasing, accounts payable, assets, in Table 1. inventory, payroll, time and attendance, worker’s compensation, personnel, and other business Table 1: DEP Fee Increases systems. Fee Description Prior Statutory New Statutory Fee Fee The board’s primary responsibility is Additional fee for planning, $10 $20 maintaining the constitutional and statutory zoning, wetlands, and coastal management independence of the legislative, executive, and applications (CGS § 22a- judicial branches as CORE-CT is implemented 27j) and operated. The act specifies that no Pesticide registration (CGS $500 $750 § 22a-50) interagency or interdepartmental policy, Pesticide application by $25 $50 procedure, or protocol can authorize the board to aircraft (CGS § 22a-54 (e) ($100 (2) and (f)) by regulation) limit the constitutional or statutory authority of a constitutional officer or governmental branch. Exam administration for pesticide applicators

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 487

(CGS § 22a-54 (f)) criteria pollutant day of inspection than one day • commercial • $150 • $225 of inspection (supervisory) commercial • Actual emissions • $250 • $375 (supervisory) less than 100 • commercial • $20 commercial • $40 tons/year (§ 22a- (operational) (operational) 174a) Stream channel • private • $25 private • $50 encroachment permits Golf course greater than $100 $200 • no grade change or • $250 • $375 1,000 yards (CGS § 22a- above ground 54a) structures Pesticide distributor $30 $60 • grade change/no • $500 • $750 registration (CGS § 22a-56 above ground (c)) structures Pesticide application $60 $120 • grade • $2,500 • $3,750 business registration (CGS change/above- § 22a-66c (c)) ground structures (§ Pest control applicators $1 $2 22a-342) using sodium fluoroacetate Dredging and mooring (CGS § 22a-66y) permits Pesticide use in state $10 $20 • less than 5,500 sq. • 40 cents/sq. ft; • 80 cents/sq. waters permit application ($25 by ft. $350 minimum ft.; $525 fee (CGS § 22a-66z) regulation) minimum Hazardous waste Examination fee: $125 Examination fee: • between 5,500 sq. • $2,200 plus 5 • $3,300 plus remediation license (CGS § Annual Fee: $225 $188 ft. and five acres cents/sq ft. in 10 cents/sq 22a-133v (e)-(h)) Temp. license: $150 Annual Fee: $338 excess of 5,500 ft. in excess Temp. license: $225 sq feet of 5,500 sq Environmental Condition $2,000 $3,000 ft. Assessment form (CGS § • More than five acres • $12,815 plus • $19,223 plus 22a-133x) $350/acre in $525/acre in Filing Hazardous Waste Form I: $200 Form I: $300 excess of 5 excess of Transfer Form I and II Form II: $700 Form II: $1,050 acres five acres (CGS § 22a-134e (b)) Mooring area or facility • $350 • $525 permit (§ 22a-361(a)) Filing Hazardous Waste Sand removal fee, use of $2/cu. yd $4/cu. yd. Transfer: sand (§ 22a-361(e)) • Initial Form III+IV • $2,000 • $3,000 Certificate of Permission $200 $400 fee (§22a-363c) application fee • Form III total fees, • $23,000; $20,000; • $34,500; for certain types of various conditions $14,000; $4,500; $30,000; permitted structures $3,000; and $21,000; Water diversion permit $2,000 $6,750; application fee. For $4,500; and consumptive use in any 24 $3,000 hour period: • Form IV, various • $11,500; $10,000; • $17,250; conditions (CGS § $7,000; $2,250; $15,000; • 50,000 to 500,000 • $1,200 • $1,800 22a-134e (m)-(o)) and $2,000 $10,500; gallons $3,375; and • 500,000 to 2 million • $2,500 • $3,750 $3,000 gallons • Nuclear powered • $40,000 • $60,000 • more than 2 million • $4,000 • $6,000 commercial electric gallons. power generating For nonconsumptive use: plants annual fee • watershed area less • $1,200 • $1,800 • Nuclear fuels • $10,000 • $15,000 than ½ sq. mile radiation facilities • watershed area • $2,500 • $3,750 monitoring (CGS § between ½ and 2 22a-135) sq. miles Registration for radiation $100 $200 • greater than 2 sq • $4,000 • $6,000 and radioactive materials mi. (§ 22a-372(e)) operations (CGS § 22a- Water diversion permit $500 $750 148 (c)) annual fee (§ 22a-379) Dam registration fee Registration of devices $75 $150 • 5 to 15 feet high • $25 • $50 emitting x-rays (CGS § • 15 to 25 feet high • $50 • $100 22a-150) • more than 25 feet • $100 • $200 high (§ 22a-409(b)) Dam inspection fee (§ 22a- $350 $525 Air Pollution Individual *$100 *$200 409(c)) Permits (CGS § 22a- 174(g)) Nonresidential $50 $100 underground storage tank • Air pollution source • $75 • $150 installation notification fee registration fee (§ 22a-449(d)) (biennial) Nonresidential $50 $100 • Registration fee limit underground storage tank (§ 22a-174(j)) • $5,000 • $7,500 inspection fee (§ 22a- Annual fee: 449(e)) • • • Air pollution source $500 a year plus $750 a year Underground storage tank emitting more than $250/day for plus $375 registered contractor 100 tons/year of a more than one /day for more

2003 PA Summary Book Part II 488 2003 JUNE 30 SPECIAL SESSION

• registration fee • $500 • $750 management of any community sewerage system • renewal fee (§ 22a- • $250 • $375 449k) that is not owned by the town. The act Hazardous waste permit additionally requires the authority to ensure fees effective supervisory control, operation, and • landfill or • $30,000 • $45,000 incinerator maintenance of such systems and extends those operation responsibilities to include decentralized • storage or • $14,000 • $21,000 treatment wastewater management districts. • transfer to different • $7,000 • $10,500 By law, municipalities, through their water container pollution control authorities, can establish and • transfer, original • $2,500 • $3,750 container revise rules and regulations governing sewerage • status change • $50 • $100 systems; the act requires the local health director application: treatment, to approve any such rules or regulations storage, or regarding decentralized systems before taking disposal to effect. Also by law, an authority can order a generator • status change • $25 • $50 building owner to connect to an available application: sewerage system; the act allows it to order an large to small quantity owner to construct an alternative sewage generator (§ treatment system and connect the building to it. 22a-454(d)) The act also requires a municipality to Hazardous waste facility, $2,500 $3,750 closure plan submittal (§ include in its ordinance remediation standards to 22a-454a) regulate alternative sewage treatment systems. Annual fee, hazardous $500 $750 waste facility subject to The act states that any area designated by groundwater monitoring (§ municipal ordinance as a decentralized 22a-454b) Annual fee, generator of $50 $100 wastewater management district is not more than 1,000 kg haz. considered to be a public sewer under the Public waste or 1 kg acutely haz. Health Code. It also states that its provisions waste at least one month in a calendar year (§ 22a- must not be construed to limit the authority of a 454c(a)) local health director or the commissioners of Annual fee, hazardous $1,000 $1,500 waste landfill, incinerator, DEP or DPH. storage, treatment or land The act defines a “decentralized system” as treatment facility (§ 22a- a managed subsurface sewage disposal system, 454c(b)) * superseded by regulation managed alternative sewage treatment system, or EFFECTIVE DATE: Upon passage community sewerage system that discharges less than 5,000 gallons of sewage per day, is used to WASTEWATER MANAGEMENT DISTRICTS collect and treat domestic sewage, and involves (§§ 140-144) discharges from a municipality into the state's ground waters. This act allows municipalities to establish, by The act defines an “alternative sewage ordinance, decentralized wastewater treatment system” as one serving one or more management districts. It establishes conditions buildings, using treatment methods other than a that must be met before a town can create such a subsurface sewage disposal system, and district, including approval of an engineering discharging into the state's ground waters. plan by the DEP commissioner with concurring It exempts sewer systems that serve a single approval by the DPH commissioner. It lists house from the definition of a “community standards, regulations, and criteria that a town sewerage system,” and includes a decentralized can apply to such a district. It requires DPH to system in a decentralized wastewater conduct any oversight or monitoring of these management district established under the act's districts within available appropriations. provisions under the definition of a sewerage The act requires a town water pollution system. control authority to include in its water pollution control plan (1) the designation and boundary of Requirements for Municipality to Establish any decentralized wastewater management District district it establishes and (2) a description of any programs where the local health director Before a municipality can establish a manages subsurface sewage disposal systems. district, the DEP commissioner, with the By law, the authority must ensure the effective concurrence of the DPH commissioner, must

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 489 approve an engineering report. The engineering regulations, following approval by the report must have determined that existing director, governing the supervision, subsurface sewage disposal systems may be management, control, operation, and detrimental to public health or the environment maintenance of the decentralized and that decentralized systems are required. The system. municipality also must consult with the local EFFECTIVE DATE: October 1, 2003 director of health and act in conjunction with its water pollution control authority. UNDERGROUND STORAGE TANK ACCOUNT (§ 145) Provisions of the Ordinance The act bars the Underground Storage Tank The act requires the ordinance to include Petroleum Clean-Up Account Review Board and remediation standards for the design, the DEP commissioner from accepting construction, and installation of alternative applications received between September 1, sewage treatment systems and standards for the 2003 and October 1, 2005 for reimbursements effective supervision, management, control, and payments from the underground storage tank operation, and maintenance of alternative sewage petroleum clean-up account. Federal law requires treatment systems within a decentralized district most owners of underground storage tanks to that are consistent with any DEP permit, order, demonstrate minimum financial responsibility of or recommendation. It defines “remediation at least $1 million to cover the costs of cleaning standards” as pollutant limits, performance up leaking tanks and compensating third parties requirements, design parameters, or technical for injuries and property damage. Tank owners standards applying to existing sewage discharges may do this through insurance or other means, in a decentralized wastewater district for such as the clean-up account (42 USC §§ 6991b improving wastewater treatment to protect public and 6991c). health and the environment. EFFECTIVE DATE: Upon passage The act allows the ordinance to include, with the local health director's approval: DOA/DCP MERGER (§§ 146-148) 1. remediation and technical standards for the design and construction of The act merges the Department of Consumer subsurface disposal systems that are Protection and the Department of Agriculture more stringent than those imposed by into a new agency, the Department of the state Public Health Code; Agriculture and Consumer Protection, under a 2. authority for the local health director to single commissioner, whom the governor order the upgrade of subsurface sewage appoints. treatment systems according to these EFFECTIVE DATE: July 1, 2004 standards; 3. authority for the director to establish ENVIRONMENTAL FEES (§§ 149-153) criteria for the abandonment of substandard subsurface sewage disposal This act increases every fee required by systems; regulation under the environmental protection 4. authority for the director to order the statutes (Title 22a) by (1) 50% for any that are owner of a substandard subsurface over $100 and (2) doubling those that are $100 sewage disposal system not complying or less, requiring every fee to be at least $100, with the remediation or technical with certain exceptions discussed below (and in standards or other criteria to abandon sections 108-139 of this act). the substandard system so the water The act, as of October 1, 2003, increases the pollution control authority can order fee that resource recovery facility owners must him to connect to a sewerage system; pay to the revenue services commissioner each 5. standards established by the director for calendar quarter, from $1 to $1.50 per ton of effective supervision, management, solid waste processed at the facility. control, operation, and maintenance of Under prior law, “air emissions operating managed subsurface sewage disposal fee account” funds could only be used for systems in a decentralized district; and covering administrative costs directly and 6. authority for the water pollution control indirectly related to Title V of the federal Clean authority to enact and amend Air Act Amendments of 1990. The act allows the

2003 PA Summary Book Part II 490 2003 JUNE 30 SPECIAL SESSION

DEP commissioner, after April 1, 2003, to use permit fees, as doubled under the act. funds from air emission permit operating fees in EFFECTIVE DATE: Upon passage, except excess of the amount required by federal law to that (1) unrestricting excess air emission permit (1) cover general air pollution control costs or operating fee funds is retroactive to April 1, 2003 (2) be transferred to the Federal Clean Air Act and (2) the fee increase for resource recovery account. It requires the state comptroller to facility owners and Clean Air Act account use is transfer funds from the air emissions permit effective October 1, 2003. operating fee account in excess of the amount required to cover the direct and indirect INMATES OUT-OF-STATE (§§ 156-157) administrative costs of Title V to the federal Clean Air Act account by September 30 of each The act authorizes the Department of year. Correction (DOC) commissioner to enter It adds the costs associated with a Freedom contracts with government or private vendors to of Information Act request on, and for reviewing supervise up to an additional 2,000 inmates out- and acting on, an application for a permit and for of-state. The act gives DOC this authority for monitoring compliance with it as required under the next two fiscal years (ending June 30, 2005). regulations for land use controls in aquifer The 2,000 inmates are in addition to the 500 protection areas, to those that the DEP inmates that the law already authorizes for commissioner may require an applicant to pay. transfer to out-of-state supervision under a It also makes conforming changes and a contract with a government or private vendor. technical change. This authority is also in addition to the commissioner’s powers under the Interstate Certain Permit Fees Corrections Compact. The act allows DOC to enter a contract, The act increases environmental protection without following competitive bidding or fees as described above, except that: negotiation requirements, with any government 1. the fees and annual adjustment for Title vendor who, on August 20, 2003, had a contract V emissions must be assessed according with DOC under its authority to send up to 500 to existing regulations; inmates out-of-state. DOC had a contract with 2. each general permit fee in effect on or the Virginia Department of Corrections on that before the act's passage is double the date. The new contract can be for any number of amount specified in the permit; the additional 2,000 inmates that the vendor is 3. each certificate of permission fee is willing to accept. If Virginia does not accept double the amount in effect on or before additional inmates or does not accept all 2,000 the act's passage; inmates, the act allows the commissioner to enter 4. if a general permit does not specify contracts with any other government or private otherwise, the registration fee for a vendor to supervise all or some of the remaining person intending to engage in a inmates. regulated activity is (a) $1,000 ($500 The act requires a vendor under a new under prior law) if the person must contract to agree to the provisions of the register with and obtain DEP approval Interstate Corrections Compact and any facility or (b) $500 ($250 under prior law) if the that receives inmates under the contract must be person must only register with DEP in a state that has adopted the Interstate before the activity is authorized, so long Corrections Compact. This provision already as no general permit fee is greater than applies to the contract to send 500 inmates out- $5,000; of-state. 5. unless regulations specify otherwise, the The act authorizes the Office of Policy and fee for a permit of a regulated activity Management (OPM) to transfer funds on aquifer protection area is $1,000 and appropriated to DOC in June 30 Special Session, the registration fee for that activity is PA 03-1 as needed without the Finance Advisory $500; and Committee’s prior approval during the two fiscal 6. the fee for a consolidated general permit years for this purpose. issued under multiple environmental EFFECTIVE DATE: Upon passage protection statutes must be specified in the permit and cannot exceed the total of the sum of the individual general

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 491

Background—Interstate Corrections Compact 1. expanding the community justice center for women at the Niantic facility; The Interstate Corrections Compact allows 2. beginning prison-based and off-site correctional agencies to send inmates to other community justice centers for the male states for incarceration, but it operates on an population; informal one-for-one basis and a state sending an 3. adding probation and parole officers to inmate must be willing to accept one. The encourage diversion from incarceration compact specifies what a contract between a and early release of inmates from sending state and a receiving state must cover, incarceration; including contract duration, inmate employment, 4. improving the probation and parole payments, and delivery and retaking of inmates. supervision process; The sending state must have reasonable access to 5. expanding and creating drug and the inmate and receive reports from the receiving community courts; state. Treatment must be reasonable and 6. enhancing drug and community humane. The compact specifies the rights treatment slots for prisoners awaiting inmates have to hearings, how escapes are release; handled, and the authority of a receiving state 7. enhancing community mental health concerning criminal actions regarding an inmate. services for prisoners awaiting release; 8. expanding the jail diversion program ALTERNATIVES TO INCARCERATION and related services to divert individuals ADVISORY COMMITTEE (§§ 158-159) with behavioral health disorders who are accused of non-violent offenses; The act creates the Alternatives to 9. enhancing community support services Incarceration Advisory Committee through June for prisoners leaving incarceration, 30, 2005. The committee must meet at least especially the approximately 1,400 quarterly. DOC must provide administrative inmates awaiting release who lack support. adequate support mechanisms to succeed in the community; Membership 10. streamlining the parole process to encourage earlier release of prisoners if The 18-member committee consists of the the DOC commissioner considers it co-chairmen and ranking members of the appropriate; Appropriations; Finance, Revenue, and Bonding; 11. developing innovative pilot programs to and Judiciary committees and the following reduce the incarceration rate and officials or their designees: recidivism among offenders under 1. DOC commissioner (who serves as the community supervision; and chair), 12. examining DOC’s procedures, policies, 2. OPM secretary, and classification of inmates. 3. chief court administrator, The act also requires the committee to 4. chief state’s attorney, advise the DOC commissioner and parole board 5. chief public defender, and chairman on integrating their agencies (see §§ 6. Mental Health and Addiction Services 160-161). commissioner The act requires the DOC commissioner to implement alternative to incarceration initiatives Duties to reduce the prison population that can include implementing the committee’s recom- Under the act, the committee must advise mendations, within appropriations available for the DOC commissioner on spending funds this purpose. The commissioner must give great appropriated to DOC for prison overcrowding weight and deference to ensuring public safety in during the next two fiscal years (ending June 30, assessing and implementing initiatives to reduce 2005). The committee must investigate the the prison population. feasibility and effectiveness of various alternatives to incarceration and make Reports recommendations that include, but are not limited to: The act requires the committee to report its findings and recommendations by February 1 of

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2004 and 2005 to the (1) Appropriations; 6. setting policy in all areas of parole Finance, Revenue, and Bonding; and Judiciary including decision making, release committees; (2) governor; and (3) Prison and Jail criteria, and supervision standards; Overcrowding Commission. The DOC 7. creating specialized parole units as commissioner must report on initiatives to needed; reduce the prison population, including 8. entering contracts, in consultation with committee recommendations, that have or are the board, with service providers, being implemented. community programs, and consultants; 9. creating programs for staff and board Prison and Jail Overcrowding Commission member development, training, and education; The act requires the Prison and Jail 10. creating, developing, and maintaining Overcrowding Commission (PJOC) to take into non-institutional, community-based account the Alternatives to Incarceration service programs; and Advisory Committee’s findings and 11. signing and issuing subpoenas to recommendations when it develops its plan. compel witnesses to attend and testify at By law, the PJOC must (1) develop and parole hearings. recommend policies to prevent prison The act also removes the requirement that overcrowding, (2) examine the impact of statutes the board’s two vice-chairmen devote their entire and policies on overcrowding and recommend time to their duties with the board. It changes legislation, and (3) annually prepare a plan to their pay from an amount set by the Department prevent overcrowding. The law requires the of Administrative Services to a per diem rate of commission to take into account state plans in $110 plus necessary expenses, the rate paid to mental health and drug and alcohol abuse in members other than the chairman. developing its plan. EFFECTIVE DATE: Upon passage EFFECTIVE DATE: Upon passage SEXUAL ASSAULT FORENSIC BOARD OF PARDONS AND BOARD OF EXAMINATIONS (§§ 162-163) PAROLE INTO DOC (§§ 160-161) By law, the Commission on the The act places the Board of Pardons within Standardization of the Collection of Evidence in DOC. Under prior law, the board was an Sexual Assault Investigations was supposed to autonomous body in DOC for administrative recommend to the chief state’s attorney the purposes only. The act does not otherwise Connecticut health care facility protocol for change the statutes governing the board’s collecting evidence from sexual assault victims. authority or operation. The chief state’s attorney was supposed to, but The act also places the Board of Parole did not, adopt the protocol into regulations by within DOC, eliminates the chairman’s role as July 31, 1997. the executive and administrative head of the The act adopts as the new state protocol the board, and gives the DOC commissioner many Technical Guidelines for Health Care Response of the responsibilities of the board’s chairman. to Victims of Sexual Assault, including the The act transfers the following duties of the Interim Sexual Assault Toxicology Screen chairman to the DOC commissioner: Protocol, as revised from time to time. It requires 1. directing and supervising the board’s the chief state’s attorney to adopt the protocol in administrative affairs; regulations, but does not specify a deadline for 2. preparing the budget and annual this. operation plan, in consultation with the By law, health care facilities cannot bill board; sexual assault victims for direct or indirect costs 3. assigning staff to parole panels, regions, related to sexual assault forensic examinations. and supervision offices (although the The act further prohibits them from billing these chairman continues to have authority victims for pregnancy tests, tests for sexually and responsibility to assign members to transmitted diseases, prophylactic treatment, or panels); toxicology screening performed during these 4. organizing parole hearing calendars; examinations. Health care facilities must bill the 5. implementing a uniform case filing and Division of Criminal Justice for testing and processing system; treatment costs and the Department of Public

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 493

Safety’s Division of Scientific Services for gives to members of civil preparedness forces toxicology screening costs. and authorized people complying or attempting EFFECTIVE DATE: Upon passage to comply with civil preparedness laws. The entities are the Connecticut Disaster Medical DRUG COURTS (§ 164) Assistance Team and Medical Corps, under the Public Health Department; Connecticut Urban The act requires the chief court Search and Rescue Team, under the Department administrator to establish, within available of Public Safety; and the Connecticut Behavioral appropriations, one or more drug courts for Health Regional Crisis Response teams, under hearing criminal or juvenile cases involving the departments of Mental Health and Addiction drug-dependent defendants who could benefit Services and Children and Families. from placement in a substance abuse program. The act requires the Office of Emergency By law, “drug dependence” means a Management to prepare and submit a state “psychoactive substance dependence on drugs” emergency preparedness plan to the legislature as defined in the most recent edition of the by January 1, 2004. The plan must identify American Psychiatric Association’s Diagnostic responses for national, regional, and statewide and Statistical Manual of Mental Disorders. emergencies. (Under existing law, which this act The law already allows the administrator to does not change, the office is already required to establish these drug courts in all criminal and prepare a state emergency management plan and juvenile courts. But the act removes a special submit it to the governor.) requirement that the courts be available to By law, auxiliary police and fire department defendants aged 16 to 21 who could benefit from members and members of other civil placement in a substance abuse program. preparedness forces killed or injured while EFFECTIVE DATE: Upon passage training for or on emergency management duty are eligible for workers' compensation benefits. COST IMPOSED ON INFRACTIONS (§ 165) State and municipal employees killed or injured under these circumstances are considered to have The law imposes a cost in addition to a fine been acting within the scope of their for someone who commits an infraction. employment. Effective October 1, 2003, June 30 Special EFFECTIVE DATE: Upon passage Session, PA 03-1 raised the cost imposed on infractions from $20 to $35 for infractions where EMERGENCY PERSONNEL AUTHORITY the fine is (1) set by the Superior Court judges or TO USE NERVE AGENT ANTIDOTE (§ 168) (2) set by statute at $35 (the law sets the fine for an infraction at $35 if the judges do not set the The act allows fire fighters, police officers, fine). and emergency medical service personnel who This act (1) decreases the cost from $35 to successfully complete training in the use of $20 if judges set the fine below $35 and (2) automatic prefilled cartridge injectors to carry increases the cost from $20 to $35 for infractions and use injectors containing nerve agent antidote with fines set by statute at more than $35. medications for self or unit preservation in case Thus, the act makes infractions that carry of exposure to any nerve agent. The training fines of at least $35 subject to a $35 additional must be approved by the Office of Emergency cost and infractions that carry fines of less than Management director and provided by the $35 subject to a $20 additional cost. Connecticut Fire Academy, Capitol Region EFFECTIVE DATE: October 1, 2003 Metropolitan Medical Response System, or federal government. CIVIL PREPAREDNESS FORCES (§§ 166- EFFECTIVE DATE: Upon passage 167) The act defines “civil preparedness forces” POLICE ACCREDITATION AND SPECIAL to include certain units and their members POLICE OFFICERS (§ 169) engaged in authorized civil preparedness duties or assisting or engaging in authorized training. The act expands the powers of the Police Under these circumstances, it gives the members Officer Standards and Training Council by of the units the same workers’ compensation allowing it to (1) develop, adopt, and revise benefits and immunity from liability for death, comprehensive accreditation standards for the injury, or property damage that existing law administration and management of law

2003 PA Summary Book Part II 494 2003 JUNE 30 SPECIAL SESSION enforcement units; (2) grant accreditation to STATE GAMBLING STUDY (§ 173) those law enforcement units that comply with the standards; and (3) at the request and expense of The act requires the Division of Special any law enforcement unit, conduct any surveys Revenue to conduct its statutorily required necessary to determine compliance. gambling impact studies at minimum 10-year, The act also allows the council to appoint instead of minimum seven-year, intervals, thus any “council training instructor” or other person potentially reducing the frequency of the studies. to act as a special police officer throughout the By law, the division can conduct the studies state as the appointee’s duties may require. The more frequently if it thinks it necessary. The appointee must be a sworn and certified police studies must look at existing legalized gambling officer. He may arrest for any offense committed in the state and the desirability of changing or in his precinct and present the person before a maintaining current levels. The last study was in competent authority. 1997 and cost $ 288,846. EFFECTIVE DATE: October 1, 2003 EFFECTIVE DATE: Upon passage

POLICE CHIEF REEMPLOYMENT (§ 170) STATE POLICE PERSONNEL (§ 174)

By law, police officers subject to the Police The act suspends, until January 1, 2006, the Officer Standards and Training Council’s requirement for the State Police to maintain a authority must be initially certified by the minimum of 1,248 sworn police officers. council and must be recertified if their certificate EFFECTIVE DATE: Upon passage lapses. The act exempts from recertification, but not the ban on working as a police officer during MERGER OF NON-STOCK CORPORATIONS any period that a certificate is cancelled or (§ 175) revoked, any municipal police chief (1) who served as a police officer in Connecticut for at The act reinstates a provision inadvertently least 25 years, (2) who served as a deputy chief repealed by PA 03-18, by authorizing one or in Connecticut, and (3) whose certificate lapsed more foreign corporations to merge with one or while he was serving as a police chief in a more domestic corporations. (A foreign contiguous state between July 1, 1997 and April corporation is organized under the laws of a 1, 2000. jurisdiction other than Connecticut; a domestic By law, a certificate lapses if the officer is corporation is organized under Connecticut law.) not employed by a law enforcement unit in These corporations may merge only if: Connecticut for more than two years, unless he is 1. the merger is permitted by the law of on a leave of absence. To be recertified, the the jurisdiction under whose laws each applicant must meet the council's entry-level foreign corporation is organized and certification requirements and complete a each foreign corporation complies with council-approved police basic training program that law when engaging in the merger; (Conn. Agency Reg. § 7-294e-2). The 2. the foreign corporation complies with regulations allow a waiver of the mandatory Connecticut’s law regarding merger training in “unusual cases.” Historically, waivers certificates if it is the surviving have been granted on a case-by-case basis. corporation; and EFFECTIVE DATE: Upon passage 3. each domestic corporation complies

with Connecticut’s law regarding REIMBURSEMENT FOR FEDERAL BASE merger plans, and if it is the surviving RELOCATION COMMISSION MEETINGS (§ corporation, with Connecticut’s merger 172) certificate law.

Under the act, when the merger takes effect, The act allows the OPM secretary, within a surviving foreign corporation is deemed to available appropriations, to reimburse state appoint the secretary of the state as agent for residents who are official state advocates before service of process in a proceeding to enforce any any federal base relocation closure commission rights or duties of members of each domestic for reasonable expenses they incur for travel to corporation that merged with it. commission meetings. EFFECTIVE DATE: Upon passage EFFECTIVE DATE: Upon passage

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 495

The act validates any marriage celebrated CLIENT SECURITY FUND (§ 176) during November 2000 if the marriage was otherwise valid except that: The act authorizes the Superior Court to 1. it was not solemnized according to the establish an attorney assistance program funded forms and usages of a religious by part of the annual fees Connecticut attorneys denomination in the state and pay to the Client Security Fund. (Superior Court 2. the person conducting the ceremony judges establish these fees, which currently are represented himself as a clergyman, $75 per year.) Prior law only allowed use of the priest, minister, rabbi, or practitioner of fund to reimburse claims for losses incurred in a religious denomination accredited by the course of an attorney-client relationship as a the religious body he belongs to and the result of the attorney’s dishonest conduct. The people joined in marriage reasonably act authorizes the fund to also provide funding relied on the representation. for crisis intervention and referral assistance to EFFECTIVE DATE: Upon passage licensed Connecticut attorneys who (1) suffer from alcohol or other substance abuse problems TESTING RACING DOGS (§§ 179-180) or gambling problems or (2) have behavioral health problems. Superior Court judges must The act allows the Division of Special adopt rules for the program. Revenue’s (DSR) executive director to order The act requires that the crisis intervention random collection of urine specimens from and referral assistance be provided with the racing dogs for testing after a race or during a assistance of an advisory committee the chief meet conducted by an authorized DSR licensee. court administrator appoints. The committee Prior law required him to order collection within must include one or more behavioral health available appropriations, but it did not specify professionals. The act specifies that the whether the tests should be random or scheduled. intervention and assistance does not constitute The act also allows him to increase test the practice of medicine or mental health care. frequency at one or more tracks for a set period The act exempts from the payment of the of time, if he determines that the integrity of dog annual fee any attorney: (1) whose name has racing may be compromised. been removed from the roll of attorneys The act requires the executive director to (1) maintained by the clerk of the Superior Court for determine the laboratory responsible for the judicial district of Hartford; (2) who has conducting the tests, (2) set a fee for the tests retired from the practice of law, if he files based on their actual cost, and to (3) determine written notice of retirement with the clerk of the the basis on which the fee is paid. Each licensee Superior Court for the judicial district of must pay its fees directly to the laboratory. Hartford; or (3) who served on active duty with The act requires the executive director to the armed forces of the United States for more adopt regulations to implement the provisions. than six months in such year. It requires He may implement necessary policies and attorneys to pay half the fee if they do not procedures to carry out the provisions while in engage in the practice of law as an occupation the process of adopting regulations, provided he and receive less than $450 in legal fees or other prints notice of his intent to do so in the compensation for services involving the practice Connecticut Law Journal within 20 days after of law during the calendar year. adopting the policies and procedures, which EFFECTIVE DATE: Upon passage remain valid until final regulations take effect. The act also eliminates requirements for (1) TECHNICAL CHANGE (§ 177) the executive director to transfer dog urine specimens to the University of Connecticut The act makes a technical change to the microchemistry laboratory for testing, (2) the pretrial alcohol education system statute to laboratory to conduct tests within available restore language from May 9, 2002 Special appropriations, and (3) state auditors to audit the Session, PA 02-1, § 117. laboratory’s accounts and make a separate report EFFECTIVE DATE: October 1, 2003 of their findings. The act also makes technical changes. VALIDATION OF CERTAIN MARRIAGES (§ EFFECTIVE DATE: Upon passage 178)

2003 PA Summary Book Part II 496 2003 JUNE 30 SPECIAL SESSION

05. The program provides funds on a competitive DISH ANTENNA TECHNICIAN LICENSE (§§ basis to municipal, school, and nonprofit 181-182) agencies in Bridgeport, Hartford, New Haven, New Britain, Norwalk, Stamford, and Waterbury The act eliminates the need for dish antenna for neighborhood youth centers serving children installers to complete an apprenticeship program ages 12 to 17. established and approved by the Labor EFFECTIVE DATE: Upon passage Department with the Connecticut State Apprenticeship Council’s advice. It instead NEIGHBORHOOD YOUTH CENTER GRANT authorizes the Department of Consumer PROGRAM (§ 186) Protection (DCP) to issue a limited technician license or limited dealer technician license to The act waives, for FYs 2003-04 and 2004- applicants who successfully complete a training 05, the requirement that OPM solicit competitive program established and approved by the Labor proposals under the neighborhood youth center Department’s state apprentice training division. grant program. As under prior law, they also must pass an exam EFFECTIVE DATE: Upon passage DCP has approved or administered. The act requires that the content and PAYMENT FOR BRANFORD HOSPICE (§ duration of the training and experience program 187) be relevant to the employee’s duties and approved by the division biennially. The division The act entitles Branford to $100,000 must consider the specialization of the annually to offset the property tax revenue lost company’s employees, the employees’ previous due to the tax-exempt status of Connecticut training, the company’s service record, its Hospice. The funding must come from the experience in training employees, the work annual General Fund appropriation for performed by the company, and the company’s reimbursement to towns for loss of taxes on quality assurance measures. The training and private tax-exempt property. The town does not experience program apparently applies only to have to file the property’s assessed value with dish antenna installers. By law, the DCP OPM, as the law requires for towns seeking commissioner may issue limited licenses to other reimbursement for lost tax revenues from electronics technicians who demonstrate their hospitals and colleges. competence but have insufficient training and EFFECTIVE DATE: Upon passage experiences to service all types of receiving equipment. COMMISSION ON HUMAN RIGHTS AND EFFECTIVE DATE: October 1, 2003 OPPORTUNITIES (§§ 189-195)

GRANTS TO MUNICIPALITIES FOR The act eliminates the Commission on FOREGONE PROPERTY TAX REVENUES Human Rights and Opportunities’ (CHRO) (§§ 183-184) power and duty to employ a commission counsel who is exempt from the State Personnel Act. The act requires that state grants to Instead, it gives CHRO the power and duty to municipalities to offset property exemptions (1) employ legal staff that would be covered by the for newly acquired manufacturing equipment and personnel act. commercial motor vehicles and (2) under the It eliminates the CHRO counsel’s (1) duty to circuit breaker program, be reduced represent CHRO in any proceeding where any proportionately if the total amount of such grants state agency or state office is an adversary party exceeds the amount appropriated for these and (2) authority to represent CHRO in any other purposes. matter that CHRO and the attorney general EFFECTIVE DATE: Upon passage, and jointly prescribe. Instead, it requires CHRO’s applicable to assessment years starting on or executive director to assign a CHRO attorney to after October 1, 2002. do so. The act makes several other conforming changes. NEIGHBORHOOD YOUTH GRANTS (§ 185) The act requires that each CHRO legal counsel be licensed to practice law in The act suspends the Neighborhood Youth Connecticut and report to the executive director Grant Program during FYs 2003-04 and 2004- on a day-to-day basis.

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 497

EFFECTIVE DATE: Upon passage and 4. requires that the rates take effect by BANKING DEPARTMENT (§ 196) January 1, 2004. EFFECTIVE DATE: Upon passage The act requires the comptroller, at the OPM secretary’s request, to transfer up to $3.6 million TRANSFER OF DECD FUNDS (§ 199) from the Banking Fund to the Department of Banking’s (DOB) Other Expenses account to pay The act takes a portion of the funds for the department’s relocation expenses and appropriated in the budget act (PA 03-1, June 30 furniture costs during FYs 2002-03 and 2003-04. Special Session) to the Department of Economic It authorizes the banking commissioner to and Community Development (DECD) for the reimburse the Department of Public Works Subsidized Assisted Living Demonstration (DPW) from the Other Expenses account for (SALD) account and transfers it to the Housing amounts DPW paid for DOB’s relocation Assistance and Counseling account in FYs 2003- expenses, furniture costs, and rent during FYs 04 and 2004-05. It transfers (1) $140,986 from a 2002-03 and 2003-04. total SALD appropriation of $970,300 in FY EFFECTIVE DATE: Upon passage 2003-04 and (2) $160,000 from a total SALD appropriation of $2,014,300 in FY 2004-05. HOME HEALTH SERVICES FEE SCHEDULE EFFECTIVE DATE: Upon passage AND PSYCHIATRIC NURSE VISITS (§ 197- 198) HIGHER EDUCATION GRADUATE ASSISTANTS (§§ 200-201) PA 03-2, § 8, which this act modifies, requires the DSS schedule of fees for various The act eliminates state employee health home health services in its medical assistance insurance coverage for graduate assistants at the programs to include a fee for a nurse’s home University of Connecticut and the Connecticut visit solely to administer medications. It allows State University system. The budget provided a such medication administration to include blood lump sum amount that is now being used to pressure checks, glucometer readings, pulse rate establish a separate health insurance program for checks, and similar health status indicators. The state graduate assistants. act requires the fee to include administration of EFFECTIVE DATE: Upon passage medications while the nurse is present, pre- pouring additional doses for the client to self- ERIP CONTRIBUTION TO EMPLOYEE administer at a later time, and teaching self- RETIREMENT FUND (§ 202) administration. The act prohibits DSS from paying for medication administration when other The act requires that the state's contribution nursing services are provided at the same visit. It to the state employee retirement fund for FYs allows DSS to establish prior authorization 2004 and 2005 match the state Retirement requirements for this service. It requires the DSS Commission's revised certified estimate that commissioner, before implementing the fee accounts for the Early Retirement Incentive change, to consult with the chairmen of the Program (ERIP) created by PA 03-2. This means Public Health and Human Services committees. the state must increase payments to the This act: retirement fund for that period to cover the 1. specifies that the home health services additional retirement credit given to the fee schedule established under PA 03- approximately 4,650 employees who took early 2’s provisions for nurse medication retirement, but it exempts the payment increase administration visits must include rates from the statutory requirement that it be of an for psychiatric nurse visits; equal monthly amount throughout the period. 2. requires nurse medication EFFECTIVE DATE: Upon passage administration visit rates to be established after the DSS commissioner HOSPICE AUTHORIZATION (§ 204) consults with the chairmen of the Appropriations Committee; The act permanently authorizes a state- 3. requires the commissioner to submit the licensed or Medicare-certified hospice to operate rates to the chairmen for their review a residence for terminally ill people; under prior and comment by December 15, 2003; law this authority was scheduled to terminate on

2003 PA Summary Book Part II 498 2003 JUNE 30 SPECIAL SESSION

October 1, 2006. DSS AND DCF FUNDS TRANSFERS (§ 209) EFFECTIVE DATE: Upon passage The act transfers $200 million, which had CHILDREN’S HOSPICE (§ 205) been appropriated to DSS for FY 2004-05 for Behavioral Health Partnership, to the DSS The act extends, from September 30, 2003 appropriation for Medicaid for that fiscal year. to September 30, 2005, the authority of Sunshine It transfers $92,100,551, which had been House, Inc. to establish a pilot program to create appropriated to DCF for FY 2004-05 for a comfort center for children with a limited life Behavioral Health Partnership to other DCF expectancy and their families. appropriations for that fiscal year as follows: EFFECTIVE DATE: July 1, 2003 Short Term Residential Treatment $457,462 EARLY RETIREMENT EMPLOYEE REFILL Day Treatment Centers for Children $3,719,099 FORMULA (§ 206) Substance Abuse Treatment $1,128,786 Child Welfare Support Services $68,020 The act revises the ERIP employee refill Board and Care for Children–Residential $82,534,026 formula established by PA 03-2 by eliminating Individualized Family Supports $337,041 the requirement that (1) at least 70% of the refills Community KidCare $3,856,117 be in positions classified as essential and (2) not more than 30% be in positions classified as non- It also reduces the amount appropriated to essential. The act does not change the overall DSS for Payments to Other than Local 80% refill rate for FYs 2004 and 2005 for Governments for Human Resource Development approximately 4,650 employees who took early by $2,641,956 for FYs 2003-04 and 2004-05 and retirement. appropriates that same amount to DSS for a new EFFECTIVE DATE: Upon passage Human Service Infrastructure Community Action Program account. PLAN TO LICENSE STATE-OWNED EFFECTIVE DATE: Upon passage OUTDOOR ADVERTISING LOCATIONS (§ 207) TOURISM (§§ 210-239, 241, 243)

The act requires the OPM secretary to The act eliminates the Arts, Historical, and develop a plan to license existing state-owned Film commissions; the Tourism Council and outdoor advertising locations. He must do this in Tourism Office; and the Film Office, and cooperation with the Department of replaces them with a new commission that Transportation (DOT) and other state agencies incorporates most of their statutory purposes, that own rights to outdoor advertising locations. duties, and responsibilities. In doing so, the act The plan must provide that at least 75% of the requires the new commission to perform specific increased revenues be used for the planning, budgeting, financing, and managing Transportation Strategy Board’s project functions. expenditures. The secretary must submit the The act also eliminates the 11 regional plan to the General Assembly by January 1, tourism districts, replaces them with five larger 2004. districts, and requires the commission to review The act transfers $40,000 carried over for and approve their annual budgets. the Transportation Strategy Board to OPM for For FYs 2003-04 and 2004-05 only, the act these purposes. earmarks $20 million in lodging tax receipts to EFFECTIVE DATE: Upon passage fund the commission and supplements this amount in FY 2003-04 with a $4.48 million DPH APPROPRIATIONS (§ 208) appropriation. It creates a separate, nonlapsing General Fund account to receive and disburse the The act appropriates $7.1 million to DPH in funds from this stream and other revenue both FYs 2003-04 and 2004-05 for immunization sources. services. The commission must allocate specific EFFECTIVE DATE: Upon passage amounts to the tourism districts and other organizations and projects the act names out of the funds it receives in FY 2003-04. The act makes no similar provisions for the subsequent

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 499 fiscal years. Starting in FY 2005-06, the representative Senate Pres. 3 • Arts representative Yes commission itself must request general fund Pro Tempore • Tourism Yes representative from appropriations in the same manner as other state the Central Tourism agencies. District • History or Yes The act subjects the commission to periodic humanities audits by the Auditors of Public Accounts and representative House Majority 2 • Arts representative Yes requires the new tourism districts, like the former Leader • Tourism Yes representative from ones, to provide for an annual audit by an the South Central independent auditor. Tourism District Senate Majority 2 • Arts representative Yes Leader • Tourism Yes representative from Connecticut Commission on Arts, Tourism, the Eastern Culture, History, and Film Tourism District House Minority 3 • Arts representative Yes Leader • Tourism Yes The act establishes this 29-member representative at large commission and charges it with largely the same • History or Yes humanities missions that were assigned to the former Arts, representative Historical, and Film commissions; the Tourism Senate Minority 3 • Arts representative Yes Leader • Tourism Yes Council and the Tourism Office; and the Film representative from the Northwestern Office. The act eliminates these organizations, Tourism District designates the commission as their successor, • History or humanities Yes and makes many conforming technical changes. representative The act requires the Connecticut Humanities Statutory, ex 5 • State Poet Laureate No officio • State Archeologist No Council and the Connecticut Trust for Historic • State Historian No Preservation, two nonprofit entities, to operate in • CT Trust for No Historic conjunction with the commission for strategic Preservation exec. director planning and financial reporting purposes. • CT Humanities No Council exec. director Commission Governance Officers. The voting commissioners must Membership. The commission consists of 24 annually elect from among themselves a voting and five nonvoting ex-officio members. chairperson, vice-chairperson, and other officers. As Table 2 shows, the governor and legislative All commissioners may be reimbursed only for leaders appoint the voting members based on the the necessary expenses they incur while act’s criteria. The appointed members’ terms are performing their duties. They must establish coterminous with those of their respective bylaws to govern themselves and must meet appointing authorities. The act bans members of quarterly and at other times when the chairperson the tourism district boards of directors from thinks it is necessary or upon the request of a serving on the commission. majority of the commissioners. Voting Requirement. The commission needs Table 2: Connecticut Commission on Arts, 13 voting members to have a quorum, and a Tourism, Culture, History and Film’s Membership Appointing Total Appointment Voting majority of those present at a meeting is needed Authority Appointments Requirements Member for the commission to act. Vacancies do not Governor 8 • Arts representative Yes • Tourism Yes prevent the commission from acting, which it representative at large may do by resolutions adopted at regular or • History or Yes special meetings. humanities representative Executive Director. The governor appoints • History or Yes the commission’s executive director, subject to humanities representative approval by the General Assembly, who must • History or Yes humanities run the commission under the commissioners’ representative supervision. The act specifies his duties and • Film representative Yes • At large Yes responsibilities. Yes • At large House Speaker 3 • Arts representative Yes • Tourism Yes Commission’s General Duties and Functions representative from the Southwestern Tourism District Table 3 shows the planning, financing, and • History or Yes humanities management functions the commission must

2003 PA Summary Book Part II 500 2003 JUNE 30 SPECIAL SESSION perform. supervisors and assistant supervisors to manage various centers, except for those in Windsor Table 3: Commission’s Planning, Financing, and Locks and at Bradley Airport. But it also drops Management Duties Planning Budgeting Management the provision that conditioned this responsibility • By January 1, • Starting in FY • Integrate funding for centers in Danbury, Darien, North 2005 and 2005-06, annually and programs biennially submit a biennial whenever Stonington, and West Willington on whether thereafter, budget to the possible prepare a legislature and • Review funds were available for this purpose. strategic plan OPM for the Humanities The act eliminates DOT’s responsibility to to show how it following fiscal year Council’s will promote and an analysis of proposals for maintain the visitor centers it owns and provide arts, tourism, the prior year’s bond funds and and filming; expenditures make recommen- housekeeping services at others. It requires preserve • Establish uniform dations to the revenues the centers generate from the electronic historic financial reporting Finance resources; and systems for the Committee information systems and no-cost lodging interpret the tourism districts for state’s history preparing the reservation services they are required to have be and culture commission’s deposited in the General Fund. Under prior law, annual budget they were deposited in a tourism account. Commission’s Tourism Related Duties Commission’s Arts Related Duties The act requires the commission to: 1. develop, annually update, and The act shifts to the commission the former implement a strategic plan to market Connecticut Commission on the Arts’ powers Connecticut nationally and inter- and duties for promoting the arts. These include nationally as a tourist destination; providing grants and loans to individuals, 2. develop a strategic plan for new tourism organizations, and institutions; administering a products and attractions; state art collection; contracting for services; and 3. provide marketing and other assistance accepting funds and holding property. The act to the tourism industry; requires the new commission to deposit any 4. ensure cooperation among regional state, federal, or private funds it receives for its tourism districts (as discussed below, activities in the account the act creates. Under the commission must help the new prior law, these funds went into the General districts establish themselves and Fund. review and approve their budgets); 5. maintain, operate, and manage visitor Commission’s Historical Preservation Related welcome centers; Duties 6. develop and administer a challenge grant program to encourage innovation The act shifts to the commission, and in and job development, provide some cases specifically to the Historic incentives for coordinated activities Preservation Council within the commission, consistent with its strategic marketing most of the former Connecticut Historical plan, and stimulate private tourism Commission’s powers and duties, including promotion funding; and operating several historic sites; administering the 7. assist towns affected by local tourist state and national register of historic places and attractions or those in nearby towns, historic home rehabilitation tax credit programs; subject to available funds. maintaining historical, architectural, and archaeological research and development Commission’s Visitors Welcome Center Duties programs; working with state and local officials for a variety of purposes; reviewing and deciding The act requires the commission to operate on requests by historic property owners for and maintain the visitors welcome centers, a rehabilitation work on sacred or archaeological responsibility that the DECD Tourism Office sites where the commission holds a preservation previously shared with the Department of easement; requesting the attorney general’s Transportation (DOT). In doing so, it makes assistance to prevent unreasonable destruction of several changes to that responsibility and historic properties; placing and maintaining eliminates several obsolete requirements. historic markers, memorials, or monuments; and The act transfers to the commission the preparing model ballots property owners in a responsibility to hire full- and seasonal part-time proposed local historic district can use when voting to create the district.

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 501

In shifting these responsibilities, the act Funding Sources and Required Allocations broadens the range of events the commission can commemorate with the plaques it places to mark The act requires the revenue services the Freedom Trail. Under prior law, the plaques commissioner to segregate $20 million in could only commemorate sites of the lodgings tax revenue in FYs 2003-04 and 2004- Underground Railroad. Under the act, they can 05 to fund the commission and provides an also commemorate other sites related to minority additional $4.48 million in FY 2003-04 for this history. The act shifts from DECD to the purpose. Prior law required the commissioner to commission the responsibility for publicizing the segregate and distribute the lodgings tax revenue state’s Freedom Trail and eliminates the to the districts and other entities based on a requirement to give DECD data needed to statutory formula. publicize state historic structures and landmarks. The act specifies the amounts the commission must allocate in FY 2003-04 to the Commission’s Historic Preservation Council districts and several other specified organizations and projects. Table 4 shows organizations and The act also creates a 12-member Historic projects the commission must fund and the Preservation Council within the commission to amounts (it must use the remainder to cover its advise it about historic preservation matters. The administrative, operating, and personnel costs). council’s appointment, composition, and terms and conditions of office are mostly the same as Table 4: Specific Allocation of Lodgings Tax those of the former Connecticut Historical Revenue for FY 2003-04 Commission. As with the former commission, Agency or Activity Amount Greater Hartford Arts Council $150,000 the governor appoints all the members, one of New Haven Coliseum Authority 630,000 whom must be the State Historian. But the act Stamford Center for the Arts 1,710,000 also requires him to appoint the State Stepping Stone Child Museum (Norwalk) 50,000 Archaeologist. The council must meet monthly. Maritime Center Authority (Norwalk) 675,000 The act authorizes the council to ask the Cultural Resources Grants 2,250,000 State Historic Preservation Programs and 1,100,000 attorney general for help concerning historic four state museums (unspecified) preservation matters. It also authorizes the Eastern Regional Tourism District Connecticut Trust for Historic Preservation to • Tourism Promotion 950,000 provide technical assistance to the council. • Other Tourism Promotion 120,000 • Quinnebaug-Schetucket 120,000 Heritage Area Promotion Commission’s Film Related Duties Central Regional Tourism District 950,000 • Tourism Promotion 120,000 The act shifts the duties of DECD’s former Northwestern Regional Tourism District Film, Video, and Media Office to the • District-wide Tourism Promotion 950,000 commission, but eliminates those: • Litchfield Hills Area Tourism 120,000 1. authorizing the creation of advisory Promotion South Central Regional Tourism District 950,000 councils; Southwestern Regional Tourism District 950,000 2. requiring the executive director to Humanities Council 1,000,000 report annually on the office’s activities Historical Resources Inventory 30,000 and the effects of film, video, audio, Amistad Committee for the Freedom Trail 50,000 and other media production on the Amistad Vessel 100,000 New Haven Festival of Arts and Ideas 1,260,000 state’s economy; and New Haven Arts Council 150,000 3. requiring DECD to provide staff and Waterbury Palace Theater, for the Palace 900,000 resources to support the film office and Theater Group, Inc. commission. Beardsley Zoo 410,000 Mark Twain House 62,500 Harriet Beecher Stowe House 62,500 Nonlapsing General Fund Commission Account Film projects and related activities 360,000

The act creates a separate, nonlapsing The act authorizes the OPM secretary to Connecticut Commission on Arts, Tourism, adjust commission allocations to account for Culture, History, and Film account in the intercept allocations and spending already made General Fund to deposit the funds dedicated to it for the commission’s predecessor agencies in FY from the funding stream the act establishes. 2003-04. The act ensures that overall

2003 PA Summary Book Part II 502 2003 JUNE 30 SPECIAL SESSION commission funding will not be less than the Burlington South Central Regional District: Greater New Haven: total allocated. Bethany, Branford, Cheshire, Clinton, Bethany, East Haven, Hamden, Durham, East Haven, Guilford, Milford, New Haven, North Hamden, Killingworth, Madison, Branford, North Haven, Orange, Regional Tourism Districts Delineated Middlefield, Milford, Orange, New West Haven, and Woodbridge Haven, North Branford, North Haven, The act establishes five regional tourism Wallingford, West Haven, and Connecticut Valley: Woodbridge Branford, Chester, Clinton, districts, defines the towns that comprise them Cromwell, Deep River, Durham, (see Table 5), specifies their purpose, frames East Haddam, East Hampton, Essex, Guilford, Haddam, their governance structure, and outlines their Killingworth, Madison, Meriden, financial responsibilities. Middlefield, Middletown, Old Saybrook, Portland, Wallingford, and Westbrook Table 5: Tourism District Consolidation New Districts and Member Towns Old Districts and Member Towns Central Connecticut: Eastern Region: Southeastern Connecticut: Cheshire Ashford, Bozrah, Brooklyn, Bozrah, Colchester, East Lyme, Southwestern Regional District: Greater Fairfield: Canterbury, Chaplin, Colchester, Franklin, Griswold, Groton, Bridgeport, Darien, Easton, Fairfield, Bridgeport, Darien, Easton, Columbia, Coventry, East Lyme, Ledyard, Lisbon, Lyme, Montville, Greenwich, New Canaan, Monroe, Fairfield, Greenwich, Monroe, New Eastford, Franklin, Griswold, Groton, New London, Norwich, North Norwalk, Shelton, Stamford, Stratford, Canaan, Norwalk, Stamford, Hampton, Killingly, Lebanon, Ledyard, Stonington, Old Lyme, Preston, Trumbull, Weston, Westport, and Stratford, Weston, Westport, and Lisbon, Lyme, Mansfield, Montville, Salem, Sprague, Stonington, Wilton Wilton New London, North Stonington, Voluntown, and Waterford Norwich, Old Lyme, Plainfield, Greater New Haven: Pomfret, Preston, Putnam, Salem, Northeast Connecticut: Shelton and Trumbull Scotland, Sprague, Sterling, Ashford, Brooklyn, Canterbury, Stonington, Thompson, Union, Chaplin, Columbia, Coventry, Voluntown, Waterford, Willington, Eastford, Hampton, Killingly, District Governance. The act requires each Windham, and Woodstock Lebanon, Mansfield, Plainfield, district to be overseen by a board of directors Pomfret, Putnam, Scotland, Sterling Thompson, Union, consisting of one representative of each Willington, Woodstock, and municipality in the district and up to 21 Windham Central Regional District: Greater Hartford: additional members representing tourism Andover, Avon, Berlin, Bloomfield, Andover, Avon, Bolton, Canton, interests within it. The municipal representatives Bolton, Canton, Chester, Cromwell, East Hartford, Ellington, Deep River, East Granby, East Farmington, Glastonbury, Hartford, are appointed by the legislative body of the town Haddam, East Hampton, East Hebron, Manchester, Marlborough, (the board of selectmen, where the town meeting Hartford, East Windsor, Ellington, Newington, Rocky Hill, Simsbury, is the legislative body) and serve three-year Enfield, Essex, Farmington, South Windsor, Tolland, Vernon, Glastonbury, Granby, Haddam, West Hartford, and Wethersfield terms. These members appoint the tourism Hartford, Hebron, Manchester, industry representatives. All appointments must Marlborough, Meriden, Middletown, Tobacco Valley: New Britain, Newington, Old Bloomfield, East Granby, East be reported to the commission’s executive Saybrook, Plainville, Portland, Rocky Windsor, Enfield, Granby, Somers, director. District board members are not state Hill, Somers, South Windsor, Stafford, Suffield, Windsor, and Southington, Simsbury, Stafford, Windsor Locks employees. Suffield, Tolland, Vernon, Windsor The commission has until October 1, 2003 Locks, West Hartford, Westbrook, Central Connecticut: to help each district establish a committee of its Wethersfield, and Windsor Berlin, New Britain, Plainville, and Southington municipal board members to draft the district’s Northwestern Regional District: Greater New Haven: charter and bylaws and organize its initial board Ansonia, Barkhamsted, Beacon Falls, Ansonia, Derby, and Prospect Bethel, Bethlehem, Bridgewater, meeting, which must be held no later than Bristol, Brookfield, Burlington, Litchfield Hills: October 15, 2003. Canaan, Colebrook, Cornwall, Barkhamsted, Bethlehem, Bristol, Danbury, Derby, Goshen, Hartland, Canaan, Colebrook, Cornwall, The districts must comply with the Freedom Harwinton, Kent, Litchfield, Goshen, Harwinton, Hartland, of Information laws. Middlebury, Morris, Naugatuck, New Kent, Litchfield, Morris, New Fairfield, New Hartford, New Milford, Hartford, New Milford, Norfolk, Newtown, Norfolk, North Canaan, North Canaan, Plymouth, Roxbury, District Budgeting Oxford, Plymouth, Prospect, Redding, Salisbury, Sharon, Southbury, Ridgefield, Roxbury, Salisbury, Torrington, Warren, Washington, Seymour, Sharon, Sherman, Winchester, and Woodbury Beginning in FY 2004-05, each district must Southbury, Thomaston, Torrington, prepare and approve a proposed budget for the Warren, Washington, Waterbury, Greater Waterbury: Watertown, Winchester, Wolcott, and Beacon Falls, Middlebury, next fiscal year and submit it to the commission Woodbury Naugatuck, Oxford, Seymour, for review and approval by June 1. The Thomaston, Waterbury, commission must complete its review of the Watertown, and Wolcott budgets, in consultation with the tourism Housatonic Valley: districts, by June 30. If the commission Bethel, Bridgewater, Brookfield, Danbury, New Fairfield, Newtown, disapproves a budget, it must adopt an interim Redding, Ridgefield, and Sherman budget for the new fiscal year, which remains in

Greater Hartford: effect until the commission approves a revised

2003 PA Summary Book Part II 2003 JUNE 30 SPECIAL SESSION 503 final budget. Each district must submit its final lodging operators who pay the room occupancy budget, which must include any changes the tax. commission recommends, to the Appropriations; EFFECTIVE DATE: Upon passage Finance, Revenue and Bonding; and Commerce committees and OPM by September 15. A ANIMALS (§ 242) district cannot spend funds unless the commission approved its budget or adopted an By law, no person can import or introduce interim budget. into the state, possess, or liberate in the state any The districts and the commission must live fish, wild bird, wild quadruped, reptile, or follow these same steps with respect to the amphibian without a DEP permit. As of October districts’ FY 2003-2004 budgets, but the dates 1, 2003, PA 03-192 expands the law to include for submitting and approving them are different. invertebrates and all mammals, thereby including They must prepare and submit their proposed such animals as bats and primates (monkeys, budgets to the commission by October 1, 2003; apes, and lemurs). This act exempts from the the commission must act on them by October 10; permit requirement any of these animals, and the districts must submit the approved or including any of those by law required to be interim budget to OPM and the legislature by permitted, that were imported or introduced into November 1. the state or possessed or liberated in the state The districts cannot spend more than 20% of before October 1, 2003. the funds the act allocates to them for EFFECTIVE DATE: October 1, 2003 administrative costs. The executive director, with the commission’s approval, must set guidelines TRANSFER OF FUNDS (§ 243) concerning these costs. District Financial Responsibilities. Each The act gives the OPM secretary authority to district must (1) comply with uniform accounting transfer $4.78 million that was previously and expenditure reporting standards based on appropriated for use in FY 2002-03 to be used in those developed by the International Association FY 2003-04 as follows: of Convention and Visitor Bureaus or other tourism organizations and (2) annually submit an Commission on Arts, Tourism, Culture, $4,480,000 independent audit to the commission, OPM, and History and Film account the Office of Fiscal Analysis. They must solicit Institute for Municipal and Regional 125,000 and accept private funds and coordinate their Policy at Central CT State University activities with nonprofit tourism promotion Council on Environmental Quality 50,000 Washington Center for UConn and 100,000 entities in the district and elsewhere. Any funds CSU students with internships in a district receives must be deposited in the Washington, D.C. account the act creates or one the district creates. OPM 25,000

Retirement For Tourism District Employees The act also transfers funds appropriated for use in FY 2003-04 as follows: Under prior law, tourism district employees 1. $400,000 from Medicaid to OPM’s could participate in the Municipal Employees other expenses account for use at the Retirement System if the district’s board of secretary’s discretion in FY 2003-04, directors voted to do so. The act extends this 2. $100,000 from DSS’s other expenses option to employees of the consolidated regional account to a grant to the Hartford districts. Foundation for Public Giving for the Children’s Health Council, and Tax-Related Provisions 3. $70,000 from the Department of Higher Education for the Minority The act extends to the new regional tourism Advancement Program to its other districts several tax law provisions that applied expenses account for an international to the former districts. These are (1) a sales tax initiative in Germany. exemption on goods and services districts The act also allows a transfer of up to purchase and (2) the revenue services $100,000 appropriated to the Reserve for Salary commissioner’s authority to disclose to districts Adjustment to the Department of Higher the names and addresses of hotel and other Education’s Personal Services account for one additional position.

2003 PA Summary Book Part II 504 2003 JUNE 30 SPECIAL SESSION

EFFECTIVE DATE: Upon passage Utility Control to authorize the disbursement of $1 million per month, TEACHERS’ RETIREMENT SYSTEM (§ 247) from February 2003 through July 2005, from the Energy Conservation and Loan The act requires Hartford to pay $1 million Management Funds for deposit in the of its FY 2003-04 ECS grant to the Teachers’ General Fund; Retirement System. 12. limiting the community-technical EFFECTIVE DATE: Upon passage colleges’, Connecticut State University’s, and University of REPEALERS (§ 248) Connecticut’s expenditures for certain goods and services and requiring the The act repeals provisions: higher education commissioner to 1. requiring the Connecticut Historical monitor and report on their compliance; Commission to appoint a director and 13. providing funding to DECD in FYs giving him authority to hire commission 2003-04 and 2004-05 for arts, culture, staff and make contracts on the and tourism; and commission’s behalf; 14. requiring certain taxpayers to file an 2. establishing the State Commission on alternate combined report if their the Arts, providing for its office and transactions or affiliations meet specific staff, and requiring it to make annual criteria. reports and adopt regulations; EFFECTIVE DATE: Upon passage 3. transferring the Connecticut Foundation for the Arts to the State Commission on the Arts; 4. requiring the State Fire Administrator to pay volunteer fire companies for responding to calls on limited access highways, the Berlin Turnpike, and Route 8 in the Naugatuck State Forest; 5. finding that the state needs a permanent office to promote the development of a viable film, video, and media industry; 6. establishing a Connecticut Film, Video and Media Commission, stating its duties, and requiring it to make an annual report and adopt regulations; 7. creating the “Connecticut film, video, and media account,” funded by revenues arising from the Connecticut Film, Video and Media Office’s activities; 8. requiring state agencies to transmit a copy of their requests for proposals for film, video, or media productions to the Connecticut Film, Video and Media Office; 9. establishing an Office of Tourism within DECD, a Connecticut Tourism Council, and 11 tourism districts, and prescribing their duties; 10. creating a “tourism account” and a “tourism impact account,” and requiring all funds the state receives for tourism advertising or products to be deposited in the tourism account; 11. requiring the Department of Public

2003 PA Summary Book Part II 2003 SEPTEMBER 8 SPECIAL SESSION 505

PA 03-1, September 8 Special Session— 3, JSS, and increases the copayments as SB 2051 of October 1, 2003. Emergency Certification EFFECTIVE DATE: Upon passage

AN ACT CONCERNING ECONOMIC ECONOMIC RECOVERY NOTES (§ 1) RECOVERY NOTES AND REVISIONS TO THE RATE REDUCTION BOND Authorization and Amounts PROVISIONS OF THE BUDGET IMPLEMENTATION ACT AND OTHER The act authorizes the state treasurer to PROVISIONS TO IMPLEMENT THE issue state general obligation economic recovery BUDGET notes, which must mature within five years of issuance. The total amount of notes the act SUMMARY: This act: authorizes is the sum of: 1. authorizes the treasurer to issue short- 1. the amount of the FY 2002-03 General term state notes to fund the FY 2002-03 Fund deficit as certified by the General Fund deficit and the estimated comptroller; costs of paying remaining medical bills 2. the estimated cost, as certified by the for State Administered General secretary of the Office of Policy and Assistance (SAGA) and General Management (OPM), of paying Assistance (GA) recipients incurred remaining bills for medical services prior to changes in medical assistance rendered to SAGA and GA medical for such recipients required by assistance recipients before the program legislation implementing the state converts from a fee-for-service to a budget (PA 03-3, June 30 Special managed care program (PA 03-3, JSS Session (JSS)); requires medical services for SAGA and 2. expands the treasurer’s powers and GA recipients to be provided through makes related changes in connection federally qualified health care centers with issuing bonds (a) to mitigate the by October 1, 2003); and effects of temporarily transferring to the 3. the cost of issuing the notes. state General Fund revenues that were earmarked for electric companies’ Note Proceeds energy conservation and load management funds and (b) in The treasurer must deposit the note connection with utilities’ stranded costs; proceeds in the General Fund. Under the act, an 3. allows the transportation commissioner amount equal to that certified by the OPM to establish discounted commuter rates secretary must be credited to DSS’ SAGA for riding the Rocky Hill and Chester- account for FY 2003-04 and be available to pay Hadlyme ferries; reimbursement claims received during FY 2003- 4. restores a $1 million-per-month revenue 04 from hospitals and other medical providers transfer, repealed by PA 03-6, JSS, for services rendered to SAGA and GA from electric companies’ energy recipients under the old SAGA and GA medical conservation and load management assistance program. funds to the state General Fund from The comptroller must include the note July 2003 to July 2005; proceeds for funding the FY 2002-03 deficit in 5. allows a municipality that meets certain any determination of the General Fund’s conditions to use Class II watershed position for FY 2003-04, if the notes have been land it owns as a sports field without issued before the comptroller’s determination. being subject to statutory requirements governing water companies; and Issuance and Maturity 6. reinstates the Department of Social Services (DSS) commissioner’s The treasurer must issue the notes when she authority to impose cost-sharing on determines the General Fund’s cash requirements Medicaid recipients as well as necessitate it, according to a schedule that copayment requirements for medical minimizes the need for additional temporary services and prescriptions imposed on borrowing. Although the notes’ principal and Medicaid recipients repealed by PA 03- interest must be paid off in five years, the state

2003 OLR PA Summary Book Part II 506 2003 SEPTEMBER 8 SPECIAL SESSION must pay only interest in the state fiscal year in deregulation act). which they are issued. The bonds are backed by another charge on The act allows the treasurer to set any terms electric bills called the competitive transition and conditions she thinks will help sell the notes. assessment (CTA). The bonds are issued through To this end, she can determine their principal the state but are not state obligations. The entity amounts, interest rates, repayment schedules, and issuing the bonds (i.e., the “financing entity”) can redemption terms as well as any additional be the state (acting through the treasurer) or a security they require. The act also allows her to special purpose trust or other entity the state make reimbursement, remarketing, standby authorizes to issue the bonds. purchase, or any other type of marketing If the state is the financing entity, the act agreement for the notes that serves the state’s authorizes the OPM secretary to make any best interests. Security for the notes can include representations and agreements for the a credit line or insurance policy from a bondholders that are necessary or appropriate to commercial bank or insurer doing business in make sure that the interest on the bonds is exempt Connecticut. The act commits the state to repay from federal income taxes. If the state is the amounts drawn on any credit line or other financing entity, the act also allows the treasurer security backing the notes. to enter into a trust indenture with a corporate trustee for the benefit of the bondholders. The Tax Exemption trustee can be any trust company or commercial bank authorized to do business in Connecticut or The act exempts interest paid to note holders elsewhere. The indenture can include provisions from all state taxes other than estate and regulating the investment of funds and succession taxes and from any taxes imposed bondholders’ remedies, among other things. under its authority, but requires the interest to be Finally, if the state is the financing entity, included in computing any excise or franchise the act allows the treasurer to: tax. It also requires the treasurer to structure the 1. make representations and agreements notes so interest is excluded from federal taxes, for the bondholders’ benefit with regard if that is appropriate or necessary to improve to secondary market disclosures; their marketability. 2. enter into interest rate swaps and other agreements to moderate interest rate Investment risks, so long as the obligations under these agreements are payable from the The act makes the notes legal investments “transition property” (the legal right to for banks, insurance companies, fiduciaries, and receive the revenues that are used to public bodies and allows public officers to accept back the bonds); them for any purpose for which they may receive 3. enter into other agreements and other or deposit state notes. instruments to secure the bonds; and 4. take other steps needed or appropriate ENERGY SECURITIZATION BONDS (§§ 2- to issue and distribute the bonds 7) pursuant to the financing order. By law, the bonds are issued pursuant to a Treasurer’s Powers “financing order” approved by the Department of Public Utility Control (DPUC). This act (1) The act expands the treasurer’s powers requires rather than allows the utilities to submit with respect to the bonds the state issues to: an application for a financing order to DPUC and 1. mitigate the impact of the transfers to (2) requires the indenture to be consistent with the General Fund of revenues from two the financing order. charges on consumers’ electric bills to fund conservation and renewable Related Provisions energy programs and 2. cover utilities’ stranded costs (e.g., the By law, the legal right to receive the CTA is difference between the value of the a form of property (“transition property”) that utilities’ power plants for ratemaking can be transferred or pledged. Under prior law, purposes and the amount the utilities this right belonged to the utility company that received for them when they sold the received the CTA. With regard to the CTA used plants pursuant to the electric to back the bonds authorized under PA 03-6,

2003 OLR PA Summary Book Part II 2003 SEPTEMBER 8 SPECIAL SESSION 507

JSS, this act instead vests this property solely in to the 2000 Census; the financing entity (the state or the entity it 2. the municipality bought the land on or authorizes to issue the bonds). The vesting takes after August 1999; place immediately once the property right is 3. the land was formerly used for created. The utility has no right, title, or interest agriculture and is not needed for water in the property and must merely act as a supply purposes; collection agency with regard to the CTA on 4. the municipality owns the sports field; behalf of the financing entity. The act also makes 5. the field is operated using Department several conforming changes. of Environmental Protection (DEP)- By law, an enforceable security interest in recommended best management the transition property is perfected once a practices; and financing statement has been filed in accordance 6. the field manager files an annual report with the Uniform Commercial Code. Prior law with any water company drawing water required the utility to file the financing statement from the watershed, the DEP, and the with the DPUC. The act also allows the municipality, describing the best financing entity to make this filing. management practices used. The act makes it clear that DPUC’s The act requires the manager’s annual report to proceeding to set the CTA, with regard to that be available to the public. part of the CTA that is used to back the bonds authorized under PA 03-6 JSS, is not a contested MEDICAID COPAYMENT REQUIREMENTS case. (§ 11)

FERRY FARES (§ 8) Starting August 20, 2003, the act restores the DSS commissioner’s authority to impose PA 03-3, JSS established the following fares cost-sharing requirements, including for riding on the Rocky Hill and Chester- deductibles, coinsurance, or similar charges, on Hadlyme ferries: $5 for a vehicle and driver, people receiving Medicaid, up to the maximum $1.75 for each additional passenger, and $1.75 allowed under federal regulations. PA 03-3, JSS for each walk-on passenger and bicycle. This act deleted this authority. allows the transportation commissioner to It also reestablishes a requirement that the discount these fares for regular ferry commuters. commissioner impose a $1 copayment on Medicaid recipients for (1) each outpatient ENERGY CONSERVATION AND LOAD medical service by an enrolled Medicaid MANAGEMENT FUND TRANSFERS (§ 9) provider to a Medicaid recipient enrolled in a fee-for-service plan (low-income elderly and The act reinstates a requirement that the people with disabilities), as permitted under DPUC authorize electric distribution federal law, and (2) each drug prescription at the companies to send a total of $1 million per time it is filled. This requirement was enacted month from their energy conservation and load by PA 03-2 and later repealed by PA 03-3, JSS. management funds to the General Fund from But starting October 1, 2003, the act July 2003 through July 2005. Each fund’s increases the copayment to (1) $1.50 for each contribution to the $1 million must be in prescription and (2) a maximum of $3 for each proportion to its fund receipts. outpatient medical service, as required by Both PA 03-2 (the FY 2002-03 “deficit federal regulations. mitigation” act) and PA 03-1, JSS, (the budget Finally, the act restores the commissioner’s act) made similar requirements to run from authority to modify the prescription copayment February 2003 through July 2005, but those requirement for certain people who receive less provisions were repealed by PA 03-6, JSS than a 30-day supply and to exempt institutional (§248). residents from the copayment requirement, to the degree permitted under federal law. PA 03-2 MUNICIPAL SPORTS FIELD (§ 10) gave the commissioner this authority but PA 03- 3, JSS eliminated it. The act allows a municipality to use Class II watershed land it owns as a sports field if: 1. the municipality’s population is between 10,000 and 15,000 according

2003 OLR PA Summary Book Part II 508 2003 SEPTEMBER 8 SPECIAL SESSION

PA 03-2, September 8 Special Session—HB 04 interest subsidy grants for the local share of 6901 the cost of school construction projects. Emergency Certification SHEFF V. O’NEILL PROJECTS – AN ACT CONCERNING SCHOOL HARTFORD (§§ 18, 19) CONSTRUCTION The act waives a prohibition against the SUMMARY: This act: General Assembly adding projects to the 1. authorizes and reauthorizes state grant annual school construction project commitments for 132 school building authorization list after the State Department of projects, Education (SDE) submits it to the legislature to 2. increases the FY 2003-04 bond add two interdistrict magnet schools in authorization for school construction Hartford to the act’s authorization list for 2003. projects, It authorizes state grant commitments of up to 3. authorizes bonding for FY 2003-04 for $32 million for the Greater Hartford Classical school construction interest subsidy Magnet School and up to $29,681,093 for the grants, Pathways to Technology Magnet School. By 4. adds two Hartford magnet schools to law, the state pays for 100% of the eligible the approved project list for 2003 to construction costs for interdistrict magnet comply with the Sheff v. O’Neill school projects approved in 2003. settlement, The act allows the projects to be added to 5. extends the charter school facility the list only if Hartford (1) filed applications renovation grant program for an for the projects with SDE by June 30, 2003 and additional year, and (2) meets all other regular requirements for the 6. waives statutory and regulatory projects. The projects comply with a 2003 requirements to make specified projects settlement agreement between the state and the in many districts eligible for school plaintiffs in the Sheff v. O’Neill school construction grants. desegregation case that requires the state to EFFECTIVE DATE: Upon passage establish two new magnet schools in Hartford annually between FYs 2003-04 and 2006-07. SCHOOL CONSTRUCTION PROJECTS (§ 1) CHARTER SCHOOL FACILITY RENOVATION GRANT EXTENSION (§ 24) The act authorizes state grant commitments for 98 new school building The act extends the charter school facility projects and reauthorizes commitments for 34 renovation grant program for an additional year, previously authorized projects that have through FY 2003-04, thus allowing schools increased substantially (more than 10%) in whose charters were renewed in FY 2002-03 to scope or cost. By law, the state reimburses be eligible. Under prior law, the program school districts for from 20% to 80% of operated in FYs 2001-02 and 2002-03 and eligible school construction costs, depending applied to schools whose charters were renewed on each district’s relative wealth. Certain types in FYs 2000-01 and 2001-02. of projects are eligible for a 5% or 10% bonus. The program, within available In addition, the state pays 100% of the costs appropriations, provides eligible schools with for vocational agricultural centers, vocational- one grant of up to $500,000 for: technical schools, regional special education 1. facility renovation, construction, facilities, and interdistrict magnet schools and purchase, extension, replacement or 50% of a district’s usual reimbursement rate major alteration; for administrative facilities. 2. (a) replacing windows, doors, boilers, and other heating and ventilation system BOND AUTHORIZATIONS (§§ 20, 21) components, internal communication systems, lockers, and ceilings; (b) The act increases the state bond upgrading restrooms; (c) replacing and authorization for school construction projects upgrading lighting; and (d) installing from $20 million to $458 million for FY 2003- security equipment; and 04. It also authorizes $27 million for FY 2003-

2003 OLR PA Summary Book Part II 2003 SEPTEMBER 8 SPECIAL SESSION 509

3. repaying debt from prior school Table 2: Other Waivers Provision building projects. District Project Sec. Waived By law, a charter school governing authority Colchester Site acquisition and Athletic field 13 must apply for grants when and how the relocation of baseball costs education commissioner prescribes. and soccer field at ineligible as Colchester part of PreK- Intermediate School 2 school STATUTE AND REGULATION WAIVERS and William J. project costs Johnston Middle (§ 10-283) The act waives various school construction School that were statutes and regulations to make specified school used for site of new PreK-2 school districts eligible for school construction grants Trumbull Change new Project 10 for particular projects. Trumbull pre-school description at Long Hill must be Order of Project Bid and Plan Approval – Administration submitted at Facility project to pre- time of Various Districts school extension/ application annex project at (§ 10-283) For districts and projects shown in Table 1, Middlebrook the act waives the requirement that districts Elementary School obtain SDE approval of a project’s plans and specifications before they offer the projects for Deadline Extensions – Wallingford (§5) competitive bid. The waiver allows the districts to begin the projects and later be eligible for For projects in 11 Wallingford schools, the grants, if SDE approves their plans and act waives requirements that districts obtain local specifications. funding approval for school projects within one year of state authorization and start construction Table 1: Bid Order Plan Waivers within two years. It extends Wallingford’s local District School Project Sec. funding approval deadline for the projects to Darien Ox Ridge Elementary Remove asbestos floor 2 School tiles June 30, 2004 and the construction start deadline Derby Bradley School Code compliance 7 East Haven Dominic H. Ferrara Relocatable 11 to June 30, 2005. The waiver applies to Elementary School classrooms extension and alteration projects authorized by Fairfield Fairfield High School Extension/alteration & 14 relocatable classrooms the General Assembly in 2002 at the schools Fairfield Oldsfield School Relocatable 14 listed in Table 3. classrooms Fairfield Tomlinson Middle Roof replacement 25 School Table 3: Wallingford Deadline Extensions Fairfield Jennings School Roof replacement 25 Lisbon Lisbon Central School Extension/alteration 15 Moses Y. Beach Elementary School Rock Hill Elementary School Naugatuck Naugatuck High School Science lab alterations 22 Cook Hill Elementary School Stevens Elementary School & code violations New Fairfield Meeting House School Extension/alteration & 8 Highland Elementary School Lyman Hall High School roof replacement Parker Farms Elementary School Mark T. Sheehan High School New Haven “Old” Betsy Ross Expansion/alteration & 16 Pond Hill Elementary School James J. Moran Middle School School roof replacement North Branford Stanley T. Williams Code compliance 9 Dag Hammarskjold Middle School School North Branford North Branford High Code compliance 9 School Use of Grant Funds – Waterbury (§23) North Branford Totoket Valley Code compliance 9 Elementary School Plainville Louis Toffolon School Asbestos abatement 4 The act allows Waterbury to use state grant South Windsor Orchard Hill Asbestos abatement 3 Elementary School funds authorized in 2001 for construction of the Stafford Staffordville School Relocatable classroom 17 Rotella School to settle claims and litigation Stratford Lordship School Code violation 12 Wilton Wilton High School Roof replacement 6 arising out of the school’s construction, if the Waterbury Financial Planning and Assistance Other Waivers – Colchester and Trumbull (§§ 10, 13) Board determines the payments are in the state’s and city’s best interests. The act waives various other provisions for the two projects shown below as long as they meet all other requirements for school construction projects.

2003 OLR PA Summary Book Part II

VETOED PUBLIC ACT 511

PA 03-2 June 30 Special Session

2003 OLR PA Summary Book Part II

2003 INDEX BY SUBJECT 513

ABANDONED PROPERTY Human Rights and Opportunities, See Property and Real Estate alternative dispute resolution procedures permitted ABUSE 03-143 ...... 210 See Child Abuse; Disabled Persons; Domestic Insurance, annuity nonforfeiture Violence; Elderly Persons; Mentally Retarded benefits Persons calculation 03-53 ...... 156 ACCOUNTANTS AND ACCOUNTING Insurance, preferred provider networks GAAP, state implementation deferred 03-169 ...... 171 03-185 (Vetoed) ...... 342 Insurance, viatical settlements, 03-1 June 30 SS ...... 419 providers/ GAAP, state implementation eliminated brokers 03-279 (Vetoed) ...... 352 03-152 ...... 163 Minimum valuation standards, Insurance Labor, nonsmoking areas in Department adoption workplaces 03-30...... 155 exemption, deleted Publicly held corporations, record 03-45 ...... 277 destruction/alteration prohibited Mental Retardation, client health/safety 03-259...... 24 amended State Board of Accountancy, 03-146 ...... 268 membership/responsibilities Motor Vehicles, childhood 03-259...... 24 cancer/wildlife conservation license plates ADMINISTRATIVE REGULATIONS 03-265 ...... 238 See also Buildings and Building Codes Motor Vehicles, driver licensing course Administrative Services, construction fees contractor prequalification/evaluation 03-171 ...... 320 form Motor Vehicles, graduated licensing 03-215...... 122 implementation/violations Banking, account holder conversion rights 03-171 ...... 320 03-196...... 20 Motor Vehicles, vehicle Consumer Protection, well-casing limited immobilization contractor/journeyman certificate device approval establishment 03-265 ...... 238 03-68...... 108 Public Health, administration of Education and Services for the Blind, medication educational services funding to students, requirement transferred 03-219...... 271 03-211 ...... 289 Education, teacher certification Public Health, backflow prevention implementation delayed devices/cross-connection surveys, 03-168...... 42 certification Environmental Protection, alternative 03-252 ...... 300 mercury emission limits Public Health, certain newborn 03-72...... 67 screening Environmental Protection, California delayed emission standards incorporation by 03-3 June 30 SS...... 436 reference Public Health, lead 03-218...... 80 inspectors/abatement/ Environmental Protection, safe boating removal contractors, requirement certificate reinstatement repealed 03-244...... 83 03-252 ...... 300 Examining Board for Crane Operators, Public Health, potassium iodide hoisting equipment safety code adoption storage/ 03-253...... 315 distribution 03-236 ...... 292

2003 OLR PA Summary Book Part II 514 2003 INDEX BY SUBJECT

Public Health, pre-marital blood test Treasurer, community bank/credit requirements repealed union 03-188...... 287 investment authorized Public Health, retail food/catering/itenerate 03-226 ...... 24 vending establishments 03-252...... 300 ADMINISTRATIVE SERVICES, Public Safety, building rehabilitation DEPARTMENT OF subcode provisions Contractor prequalification file, state 03-184...... 261 agency evaluation inclusion Public Safety, drunken boating evidence 03-215 ...... 122 collection Estate administrator, maximum 03-244...... 83 assumable Public Safety, hoisting equipment estate value increased operators 03-126 ...... 120 03-253...... 315 Marital/family therapists, job Public Safety, ignition interlock device classification approval series establishment 03-265...... 238 03-64 ...... 250 Public Utility Control, electric company Professional counselors, job abusive switching practices classification 03-135...... 50 series establishment Public Works, building construction 03-64 ...... 250 bidding /contracting procedures 03-215...... 122 ADOPTION Public Works, Construction Services Child-placing agency license Award Panel operation applicants, 03-215...... 122 criminal records check required Revenue Services, electronic filings 03-243 ...... 34 03-225...... 98 Out of state/interstate, subsidies/ Revenue Services, fishermen's sales tax administration exemption permits 03-243 ...... 34 03-225...... 98 Secretary of the State, address ADULT EDUCATION confidentiality program Civics and American government, 03-200...... 219 requirement added Social Services, optional adult 03-100 ...... 41 rehabilitation services Computer equipment, reimbursement 03-3 June 30 SS ...... 436 limitation eliminated Social Services, Voluntary Paternity 03-100 ...... 41 Establishment Program Grant reimbursement formula, bonuses 03-258...... 151 eliminated Special Revenue, random urine samplings 03-100 ...... 41 of racing dogs Job training pilot program 03-6 June 30 SS ...... 464 03-102 ...... 140 State Board of Education, administration of medication to students ADVERTISING 03-211...... 289 Outdoor sign permits, fees doubled State Board of Education, school nurse 03-115 ...... 318 qualifications, DPH consultation State-owned outdoor advertising 03-211...... 289 locations, Transportation, building construction licensure plan development contracts 03-6 June 30 SS...... 464 03-215...... 122 Transportation, oversized mobile home transportation permits 03-96...... 317

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 515

AFFIRMATIVE ACTION ALCOHOLIC BEVERAGES See also Discrimination Dram Shop Act recovery, maximum CHRO/EEOC proceedings, affirmative amount increased action officer role restriction 03-91 ...... 109 03-151...... 251 Liquor permit holders, smoking ban State agency affirmative action officers, established annual training requirement 03-45 ...... 277 03-151...... 251 Negligent liquor sales, right to sue 03-91 ...... 109 AGRICULTURE Permittees, entertainment modification See also Dairies and Dairy Products renewal procedure "Connecticut Grown" designation 03-235 ...... 113 03-161...... 75 Retail permits, ownership change Farm building tax exemption authorized requirements 03-234...... 83 03-34 ...... 107 Telecommunications towers, agricultural Sale in 100 ml bottles land restrictions enumerated 03-235 ...... 113 03-221...... 65 Sales, hours extended 03-185 (Vetoed) ...... 342 AGRICULTURE, DEPARTMENT OF 03-1 June 30 SS ...... 419 Certificate of Environmental Compatibility Servers in class III gaming facilities, application hearings, certain agreements age limitation prohibited 03-114 ...... 209 03-263...... 90 Unclaimed container deposits, Merged with Consumer Protection distribution Department 03-279 (Vetoed) ...... 352 03-6 June 30 SS ...... 464 Wine, removal from restaurant Spay/neuter voucher requirement, 03-228 ...... 113 Connecticut Humane Society exemption 03-198...... 79 AMBULANCES See Emergency Services AIR POLLUTION Mercury emission reduction requirements, ANIMALS coal-burning electric plants See also Fish and Game; Wildlife 03-72...... 67 Canada geese takings authorized School indoor air quality, 03-192 ...... 75 responsibilities/requirements Cruelty convictions, conditional 03-220...... 46 probation/ discharge permitted ALCOHOL AND DRUG ABUSE 03-208 ...... 223 See also Driving While Intoxicated CT Humane Society, impounded Boating under the influence offenders, animals statistical report alcohol education/treatment program requirement participation 03-198 ...... 79 03-244...... 83 Dangerous, definition Corrections Department counselors, expanded/penalties supervised work experience licensure 03-192 ...... 75 exemption Deer hunting expansion authorized 03-195...... 218 03-192 ...... 75 Counselors, continuing education Dog abuse, confinement/tethering requirements established restrictions 03-118...... 283 03-212 ...... 79 Opioid antagonist administration, health Guide/assistance dog injuries, crime professional liability exemption victim compensation 03-159...... 284 03-129 ...... 209

2003 OLR PA Summary Book Part II 516 2003 INDEX BY SUBJECT

Licensing, certain annual fees increased AUTHORITIES 03-103...... 68 See also Capital City Economic Myofascial trigger point therapy allowed Development Authority; Quasi- 03-277...... 92 Public Agencies; specific Racing dogs, random urine samplings authorities authorized Housing, financially distressed 03-6 June 30 SS ...... 464 property conveyance Spay/neuter voucher requirement, 03-6 June 30 SS...... 464 Connecticut Humane Society exemption Municipal parking authority, 03-198...... 79 regulations enforcement ordinance Unclaimed, spay/neutering authorized 03-264 ...... 264 03-137...... 72 Waterbury parking authorities, termination method APPROPRIATIONS 03-256 ...... 263 See State Budget AUTOMOBILES ASBESTOS See Motor Vehicles See Hazardous Substances BAIL ASSESSMENT National Crime Information Center See Property Tax check 03-173 ...... 217 ATTORNEY GENERAL Surety bail insurer, notification of CHRO/EEOC proceedings, agency arrestee failure to appear representation duties 03-202 ...... 222 03-151...... 251 Delegation to DRS of authority to hire BANKING, DEPARTMENT OF legal counsel Anti-money laundering 03-225...... 98 policies/compliance, basis for Nonprofit hospital sale process modified agency approval 03-73...... 279 03-259 ...... 24 Bank officer/director removal, ATTORNEYS authority expanded See also Attorney General; Chief State's Attorney, 03-259 ...... 24 Office of; State's Attorneys Bank officers/directors criminal history Court appointed, Transfer Act disclosure record checks, authority exemption 03-259 ...... 24 03-82...... 201 Conflict of interest prohibitions Employment practice complaint hearings, extended client representation mandate 03-84 ...... 19 03-143...... 210 Criminal violations, Chief State's Attorney notification AUDITS AND AUDITORS 03-259 ...... 24 Elections Enforcement Commission, Financial institution conversion, campaign accounts authority expanded 03-223...... 129 03-196 ...... 20 Quasi-public agencies, state auditors Relocation/furniture expenses, banking compliance authority fund transfer 03-133...... 267 03-6 June 30 SS...... 464 Violations, increased authority/penalties 03-259 ...... 24 Wire transfer violations, secondary mortgage lenders' license restrictions 03-23 ...... 17

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 517

BANKRUPTCY BIDS AND BIDDING See also Debtor/Creditor See also Government Purchasing Banks/credit union receivers/conservators, State Construction contracts, powers/responsibilities prequalification certification 03-153...... 19 03-215 ...... 122 DRS assessment time period extended 03-225...... 98 BIRTH CERTIFICATES Hospital services money judgments, Transgender certificate/foreign birth homestead exemption increased certification 03-266...... 302 03-247 ...... 299 Petitions during foreclosure action, state court filing requirement BOARD OF EDUCATION AND 03-202...... 222 SERVICES FOR THE BLIND Transfer Act disclosure exemption, Educational services funding bankruptcy trustees authorizations defined 03-82...... 201 03-219 ...... 271 Executive director appointment BANKS AND BANKING modifications See also Credit Unions; Investments; Mortgages 03-217 ...... 270 Branch establishment, statutory modification Vending revenues, permitted uses 03-196...... 20 expanded Community, State Treasurer investment 03-3 June 30 SS...... 436 authorized 03-226...... 24 BOARDS AND COMMISSIONS Criminal history information disclosure (NAMED) 03-203...... 287 See also Board of Education and Director oath/affirmation regarding Services for the Blind duties/responsibilities African-American Affairs, racial 03-259...... 24 profiling data/complaints receipt Examination fee determination 03-160 ...... 312 03-196...... 20 After School, created Insider loans, prohibitions expanded 03-206 ...... 33 03-259...... 24 Alternatives to Incarceration Advisory Loan policy, content/annual adoption Committee, created 03-259...... 24 03-6 June 30 SS...... 464 Obligor's unsecured liabilities, attribution Arts, merged into Arts, Tourism, limitations Culture, 03-259...... 24 History, and Film Commission Receivers/conservators, powers/ 03-6 June 30 SS...... 464 responsibilities Arts, Tourism, Culture, History, and 03-153...... 19 Film, created Reserve/National Guard member called to 03-6 June 30 SS...... 464 active duty, loan applications Camp Harkness Advisory, membership 03-24...... 17 increased Violations, certain penalties increased 03-94 ...... 282 03-259...... 24 Career Ladder Advisory, established 03-142 ...... 140 BARBERS, HAIRDRESSERS AND Cemetery associations, member terms COSMETOLOGY amended Licensure reciprocity 03-252 ...... 300 03-32...... 276 Codes and Safety, building rehabilitation subcode development 03-184 ...... 261

2003 OLR PA Summary Book Part II 518 2003 INDEX BY SUBJECT

Connecticut Advisory Commission on Land use commissions, administrative Intergovernmental Relations, legislators review schedule standardized authorized 03-177 ...... 258 03-6 June 30 SS ...... 464 Latino and Puerto Rican Affairs, duties Connecticut Marketing Authority, 03-229 ...... 132 membership/terms Medicaid Pharmaceutical and 03-170...... 215 Therapeutics, membership Connecticut Public Transportation, 03-3 June 30 SS...... 436 reporting requirements Metropolitan Transit/Metro-North 03-4 June 30 SS ...... 456 Commuter, representation Connecticut Resources Recovery 03-4 June 30 SS...... 456 Authority Board of Directors, Motor vehicles non-standard lighting members reduced equipment task force, created 03-5 June 30 SS ...... 463 03-265 ...... 238 Construction services award panels, Outpatient Surgical Facility Advisory, established created 03-215...... 122 03-274 ...... 305 CORE-CT Policy, established Pardons, placed within Corrections 03-6 June 30 SS ...... 464 Department Crane Operators Examining Board, 03-6 June 30 SS...... 464 hoisting equipment safety code Parole, placed within Corrections regulations Department 03-253...... 315 03-6 June 30 SS...... 464 DNA Oversight Panel, established Police Officer Standards and Training, 03-242...... 227 powers expanded Education and Services for the Blind 03-6 June 30 SS...... 464 Monitoring Council, established Police Officer Standards and Training, 03-217...... 270 youth in crisis uniform protocol Elections Enforcement, electronic voting development machine exit poll required 03-257 ...... 237 03-7...... 117 Prevention Council, goals/strategies Elections Enforcement, petitioning development violation penalties 03-145 ...... 33 03-241...... 132 Public Health Preparedness Advisory, Electrical Work, security system installation creation authorization 03-236 ...... 292 03-261...... 115 Racial and Ethnic Disparity, funding Employment and Training, adult education 03-1 June 30 SS ...... 419 pilot program Rhode Island/Connecticut Border, 03-102...... 140 established Energy Advisory, membership/duties/ 03-6 June 30 SS...... 464 funding State Board of Accountancy, 03-140...... 59 membership/responsibilities Film, merged into Arts, Tourism, Culture, 03-259 ...... 24 History, and Film Commission State Council for Juvenile Interstate 03-6 June 30 SS ...... 464 Supervision required Historical, merged into Arts, Tourism, 03-255 ...... 230 Culture, History, and Film Commission State Elections Enforcement, absentee 03-6 June 30 SS ...... 464 ballot pilot program Interstate Commission for Juveniles, 03-227 ...... 130 created State Elections Enforcement, campaign 03-255...... 230 committee audit timeframe Invasive Plants, created 03-223 ...... 129 03-136...... 70 State Employees Retirement, municipal Judicial Selection, membership/terms liaison appointment 03-170...... 215 03-138 ...... 250

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 519

State Insurance and Risk Management, BRIDGES deficiency funding Oversized mobile home transportation 03-3...... 249 permits, pilot program codified State Marshal, audit confidentiality 03-96 ...... 317 03-224...... 224 State Marshals Advisory, administrative BRIDGES (NAMED) support request Hurlbut Bridge 03-224...... 224 03-115 ...... 318 Tobacco and Health Trust Fund, suspended John A. Fox Memorial Bridge 03-3 June 30 SS ...... 436 03-115 ...... 318 Tourism Council, merged into Arts, John A. Fox Memorial Bridge, Tourism, Culture, History, and Film renamed Commission Thomas A. Fox Memorial Bridge 03-6 June 30 SS ...... 464 03-265 ...... 238 Transportation Strategy, responsibilities Joseph Lenihan Memorial Bridge modified 03-115 ...... 318 03-4 June 30 SS ...... 456 Kisson's Crossing bridge Veterans' Advocacy and Assistance Unit, 03-115 ...... 318 membership Patrick L. Brooks Memorial Bridge 03-170...... 215 03-115 ...... 318 Water Planning, required recommendations Pearl Street Bridge in Middletown 03-141...... 73 replacement, minimum overhead Woodbridge health boards created by clearance reduced special act, termination method 03-115 ...... 318 03-256...... 263 Rosario J. Aloisio Memorial Bridge Wrongful Conviction Advisory, established 03-115 ...... 318 03-242...... 227 Ruth Steinkraus Cohen Memorial Bridge BOATS AND BOATING 03-115 ...... 318 Boating under the influence, penalties/ Stamford Firefighters L786 World administrative suspension Trade Center Memorial Bridge 03-244...... 83 03-115 ...... 318 Safe boating courses, vegetation inspection The 76th Division Memorial Bridge requirement 03-115 ...... 318 03-136...... 70 Thomas DeAngelis Memorial Bridge State flagship/tall ship ambassador, Freedom 03-115 ...... 318 Schooner Amistad designation 03-20...... 117 BUILDINGS AND BUILDING CODES See also State Buildings BONDS Boilers/hot water heater regulation, Economic recovery notes, authorized certain types exempted 03-1 Sep 8 SS ...... 505 03-15 ...... 309 Money Transmission Act, bonding Homeowner construction plans, requirements updated immediate return 03-61...... 18 03-205 ...... 122 Nonresident contractors, sales tax bond Places of public assembly, exit requirements modified requirements 03-147...... 96 03-231 ...... 313 Surety, tax collection agency municipal Smoking ban, workplaces/buildings requirements open to the public 03-262...... 32 03-45 ...... 277 Transportation strategy projects, authorized Vacant, reconnecting electricity, 03-4 June 30 SS ...... 456 equipment inspection 03-214 ...... 313

2003 OLR PA Summary Book Part II 520 2003 INDEX BY SUBJECT

BUSINESS CAPITAL CITY ECONOMIC See also Contracts and Contractors; Corporation DEVELOPMENT AUTHORITY Business Tax; Corporations; Limited Liability Adriaen's Landing convention center, Companies; Manufacturers; Restaurants; Small powers expanded Business 03-6 June 30 SS...... 464 Certification of financial statements, state Board membership, one Hartford filing required resident required 03-259...... 24 03-150 ...... 258 Community Economic Development Fund, business financing authority expanded CEMETERIES 03-93...... 39 Associations, member terms amended Lawn sprinkler systems, rainfall sensor 03-252 ...... 300 required 03-175...... 64 CHIEF COURT ADMINISTRATOR Publicly held, record destruction/alteration Court-ordered supervised visitation prohibition facilities, identification 03-259...... 24 03-52 ...... 33 Tax surcharges imposed Drug court establishment required 03-1 (Vetoed) ...... 325 03-6 June 30 SS...... 464 03-2 ...... 332 Parking areas, policies/towing 03-185 (Vetoed) ...... 342 authorization 03-279 (Vetoed) ...... 352 03-202 ...... 222 03-1 June 30 SS ...... 419 United States flag daily display, requirement CABLE TELEVISION 03-202 ...... 222 Connecticut Television Network funding Victim rights notification attestation earmarked form, development 03-185 (Vetoed) ...... 342 03-179 ...... 217 Franchise non-renewal conditions Wrongful Conviction Advisory 03-135...... 50 Commission, established 03-242 ...... 227 CAMPAIGN CONTRIBUTIONS AND EXPENDITURES CHIEF STATE'S ATTORNEY, Contributors, municipal contract disclosure OFFICE OF requirement Grand jury investigation applications, 03-241...... 132 criteria modified Elections Enforcement Commission, 03-273 ...... 245 sanctions authorized CHILD DAY CARE 03-241...... 132 See Day Care Gubernatorial elections, candidate committee expenditures CHILD SUPPORT 03-241...... 132 Child support enforcement program, Justices of the peace exploratory modifications committees, contribution limits 03-89 ...... 147 03-241...... 132 Collection procedures, DSS IV-D cases Public funds use, ban extended 03-109 ...... 149 03-241...... 132 Disability benefits recipient, guidelines Referendum committees, spending deadline deviation prohibited extended 03-130 ...... 210 03-241...... 132 Future financial interests, pre-/post- Reporting requirements modified judgment remedy attachment 03-223...... 129 authorized 03-130 ...... 210 Income withholding orders, modifications 03-89 ...... 147

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 521

Past due, calculation methodology modified Homeless, educational services 03-258...... 151 requirement 03-6 June 30 SS...... 464 CHILD SUPPORT ENFORCEMENT BUREAU HUSKY A, continuous eligibility Income withholding orders, procedures program eliminated modified 03-2 ...... 332 03-89...... 147 03-1 (Vetoed) ...... 325 Information disclosure to health insurers, Immunizations/health assessments, permitted medical reports to school districts 03-89...... 147 03-211 ...... 289 Indian casinos, minimum age CHILDREN AND FAMILIES, DEPARTMENT OF restriction Connecticut Juvenile Training School 03-114 ...... 209 operating standards Interstate Compact for Juveniles, 03-251...... 36 adopted Custodial clients, visitation with parents/ 03-255 ...... 230 siblings Juvenile delinquent presentencing 03-243...... 34 report, special education needs Foster parents, criminal history record check included requirement 03-86 ...... 202 03-243...... 34 Teen driver passenger restrictions, Job applicants, criminal history record check effective date delayed requirement 03-3 June 30 SS...... 436 03-243...... 34 Youth camp physicians, out-of-state Kinship foster care program establishment licensure exemption permitted 03-42...... 33 03-252 ...... 300 Out-of-state placements, modifications Youth in crisis, police 03-243...... 34 responsibilities/court requirements 03-257 ...... 237 CHILDREN AND MINORS Youth service bureaus, state education See also Adoption; Child Support; Day Care; grant eligibility Foster Care 03-174 ...... 44 Adopted, health insurance coverage requirement exception CIGARETTES 03-70...... 159 See Tobacco Products Amber Alert Program, broadcaster immunity CIVIL PROCEDURE 03-111...... 208 See also Crimes and Offenses; Childhood cancer awareness license plates Damages; Evidence; Immunity; authorized Juries 03-265...... 238 "Junk fax" violations, recovery amount Connecticut Juvenile Training School increased operating standards 03-128 ...... 110 03-251...... 36 Banking law violations, penalties Court-ordered supervised visitation facilities, increased identification 03-259 ...... 24 03-52...... 33 Community health benefits program Craniofacial disorders, health insurance report, noncompliance penalty coverage requirement 03-80 ...... 282 03-37...... 276 Construction contract retainage/escrow DCF custody, parent/sibling visitation account enforcement, court awards 03-243...... 34 authorized Driver licenses, 16- and 17-year olds' 03-167 ...... 111 graduated licensing Dram Shop Act maximum recovery 03-171...... 320 increased 03-3 June 30 SS ...... 436 03-91 ...... 109

2003 OLR PA Summary Book Part II 522 2003 INDEX BY SUBJECT

Health insurance providers retaliatory COLLEGES AND UNIVERSITIES actions, legal recourse See Higher Education; University of 03-169...... 171 Connecticut Hospital services judgment, homestead exemption/installment payments COMPACTS 03-266...... 302 Interstate Compact for Juveniles, Identity theft damages, statute of adopted limitations 03-255 ...... 230 03-156...... 210 Jury duty, nonpayment of wages penalty COMPUTERS 03-202...... 222 Data processing services, sales tax Mortgages, petition for discharge, process increased modification 03-1 (Vetoed) ...... 325 03-74...... 200 Equipment lease, expiration Negligent liquor sales, right to sue notification requirement 03-91...... 109 03-128 ...... 110 Opioid antagonist administration, liability On-line lottery games, CT Lottery exemption Corporation prohibition 03-159...... 284 03-60 ...... 309 Petitioning candidate violations, fines Unsolicited e-mail advertisements, authorized restrictions/legal action 03-241...... 132 03-128 ...... 110 Service of process, certain fees raised 03-224...... 224 CONFIDENTIALITY Service of process, notification See also Freedom of Information methodology for physicians/ Child Support Enforcement Bureau, municipalities disclosures to health insurers 03-224...... 224 permitted Service of process, Secretary of the State 03-89 ...... 147 crime victim confidential address Crime victim address confidentiality program participant designee program 03-200...... 219 03-200 ...... 219 Structured settlement transfers, DMV registration files, personal modifications information 03-110...... 205 release Unlawful delivery of cigarettes, penalties 03-265 ...... 238 established Employee assistance program, client 03-271...... 105 participation/records Unsolicited email advertisements, 03-187 ...... 287 violations Identity theft amendments 03-128...... 110 03-156 ...... 210 Insurance Department, certain records COLLECTIVE BARGAINING 03-121 ...... 161 See also Schools and School Districts Juvenile court records, confidentiality Durational shortage area permittees, law application bargaining unit membership 03-202 ...... 222 03-174...... 44 Nonprofit insurers, supplemental Education paraprofessionals payment Insurance Department filings schedule, negotiable item 03-104 ...... 160 03-11...... 41 Sexual assault victims, confidential Health plan information provided to information increased bargaining agent 03-202 ...... 222 03-119...... 160 Social Security numbers, disclosure prohibited 03-156 ...... 210

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 523

State Marshal Commission audits CONNECTICUT RESOURCES 03-224...... 224 RECOVERY AUTHORITY Viatical agreements, identity disclosure Deficit mitigation plan/board exceptions enumerated membership reduction 03-152...... 163 03-5 June 30 SS...... 463 Waste management project CONNECTICUT DEVELOPMENT AUTHORITY termination, committee Transfers to General Fund establishment 03-185 (Vetoed) ...... 342 03-133 ...... 267 03-279 (Vetoed) ...... 352 Waste management project termination, study committee CONNECTICUT HAZARDOUS WASTE establishment MANAGEMENT SERVICE 03-133 ...... 267 Board of directors, appointments 03-170...... 215 CONNECTICUT SITING COUNCIL Electric transmission line standards, CONNECTICUT HEALTH AND EDUCATIONAL rebuttable presumption FACILITIES AUTHORITY 03-248 ...... 89 Nursing home fire sprinkler installation, Energy facility certification plan/financing applications, fees/CEAB review 03-3 June 30 SS ...... 436 03-140 ...... 59 Revolving loan program for federally Energy/transmission facilities, decision qualified health centers, administration criteria/deadline 03-166...... 285 03-140 ...... 59 Long Island Sound electric/gas/ CONNECTICUT HOUSING FINANCE telecommunications lines, permit AUTHORITY approval moratorium extended Assistance to local housing authorities 03-148 ...... 74 permitted Shellfish bed protections enumerated 03-6 June 30 SS ...... 464 03-263 ...... 90 Housing programs, transfer from DECD Telecommunication towers, 03-185 (Vetoed) ...... 342 agricultural land restrictions 03-279 (Vetoed) ...... 352 enumerated State-assisted housing properties in default, 03-0221 ...... 65 disposition 03-95...... 143 CONSTRUCTION See Contracts and Contractors CONNECTICUT INNOVATIONS, INC. Transfers to General Fund CONSUMER PROTECTION 03-185 (Vetoed) ...... 342 Computer equipment leases, expiration notification requirements CONNECTICUT LOTTERY CORPORATION 03-128 ...... 110 Multi-jurisdictional lottery Gift certificates, expiration date promotion/foreign agreements permitted prohibited 03-191...... 313 03-1 June 30 SS ...... 419 On-line lottery games, prohibited Identity theft prevention procedure 03-60...... 309 03-156 ...... 210 Invasive plant education, council duties CONNECTICUT POISON CONTROL CENTER 03-136 ...... 70 Poisonous plants list, creation/distribution New Home Construction Act 03-193...... 113 protections extended 03-167 ...... 111 Personal risk insurance claim denial, recourse 03-55 ...... 157

2003 OLR PA Summary Book Part II 524 2003 INDEX BY SUBJECT

Retail receipts, credit/debit account Radon mitigators, certification number printing requirements modified 03-156...... 210 03-186 ...... 75 Retail installment sales contracts, CONSUMER PROTECTION, DEPARTMENT OF deferred payment requirements See also Occupational Licensing 03-105 ...... 19 Dish antenna installation licensure Retainage, escrow account 03-261...... 115 requirements 03-6 June 30 SS ...... 464 03-167 ...... 111 Limited sheet metal power industry license, Sheet metal work licensing exemption established 03-59 ...... 108 03-134...... 111 Major contractor certificate of registration, CORPORATION BUSINESS TAX issuance See also Business; Limited Liability 03-215...... 122 Companies Merged with Agriculture Department Alternate combined reporting 03-6 June 30 SS ...... 464 requirements repealed/affiliates Real estate brokers/salespersons, electronic 03-6 June 30 SS...... 464 courses permitted Alternate combined reporting 03-39...... 155 requirements, mandated Retail permits, ownership change filings/ 03-1 June 30 SS ...... 419 hearings Biotechnology companies, research/ 03-34...... 107 development carry-forward Well-casing limited contractor/journeyman provisions clarified certificate establishment 03-225 ...... 98 03-68...... 108 Day care credits, increased 03-225 ...... 98 CONTRACTS AND CONTRACTORS Neighborhood Assistance Act credits, See also Government Purchasing increased Commercial vehicle registration prohibition, 03-225 ...... 98 unregistered home improvement Research and development credit contractors refunds 03-260...... 114 eligibility, temporary reinstatement Contractor/state employee communications, 03-120 ...... 96 prohibitions Research and development tax credit 03-215...... 122 restoration Fairness in financing payment schedule, 03-185 (Vetoed) ...... 342 requirement expanded 03-1 June 30 SS ...... 419 03-56...... 107 Surcharge imposed Fire sprinkler discussion requirement, 03-1 (Vetoed) ...... 325 new home construction 03-2 ...... 332 03-3 June 30 SS ...... 436 03-185 (Vetoed) ...... 342 Heating unit sales, required information 03-279 (Vetoed) ...... 352 from buyer 03-1 June 30 SS ...... 419 03-172 (Vetoed)...... 112 Urban sites tax credit modified Independent contractor "new hires," 03-6 June 30 SS...... 464 reporting obligations 03-89...... 147 CORPORATIONS New Home Construction Act protections, See also Business; Economic extended Development 03-167...... 111 Incorporation/merger plans, extrinsic Nonresident contractors, sales tax bond facts references requirements 03-158 ...... 213 03-147...... 96 Mergers of dissimilar business entities, statutes revised 03-18 ...... 179

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 525

Mergers of foreign with domestic, statute Criminal defendants incompetent to reinstated stand trial, sentencing options 03-6 June 30 SS ...... 464 03-3 June 30 SS...... 436 Professional service, physician's assistants Divorce/separation proceedings, life 03-158...... 213 insurance orders conditionally Stock corporation laws amended prohibited 03-18...... 179 03-202 ...... 222 Drug court establishment required CORRECTION, DEPARTMENT OF 03-6 June 30 SS...... 464 See also Prisons and Prisoners Files, record retention rules Alcohol and drug counselors, supervised 03-202 ...... 222 work experience licensure exemption Grand jury investigation applications, 03-195...... 218 criteria modified Commissioner appointment duties, obsolete 03-273 ...... 245 positions eliminated Housing, code violations jurisdiction 03-90...... 202 clarified Correctional facilities statutory listing, 03-202 ...... 222 eliminated Identity theft correction orders, 03-106...... 205 authorized Out-of-state transfers increased 03-156 ...... 210 03-6 June 30 SS ...... 464 Ignition interlock/immobilization Pardons Board, moved into for administrative device orders permitted purposes only 03-265 ...... 238 03-6 June 30 SS ...... 464 Interstate child support enforcement, Parole Board, placed within DOC paternity testing 03-6 June 30 SS ...... 464 03-89 ...... 147 Telephone service pilot program, delayed Juvenile matters, judicial discretion 03-106...... 205 over attendees 03-202 ...... 222 COURTS Juvenile records, See also Civil Procedure; Criminal Procedure; defined/confidentiality Juries; Probate Courts; Superior Courts 03-202 ...... 222 Alternative sentencing, DOC boot camp Juvenile, age jurisdiction study option repealed 03-257 ...... 237 03-48...... 197 Juvenile, youth in crisis options Animal cruelty convictions, conditional 03-257 ...... 237 probation/discharge permitted Motor vehicle violation pleas, license 03-208...... 223 suspension consequence disclosure Boating safety convictions, DEP 03-233 ...... 226 notification procedure modified Name restoration, filing fee eliminated 03-202...... 222 03-130 ...... 210 Boating violations, records to DEP Past due child support calculations, 03-244...... 83 modifications Capital felony court records, retention 03-258 ...... 151 period modified Reward for information regarding 03-202...... 222 thefts, duty eliminated Child support delinquency, discretionary 03-9 ...... 179 notification repealed Sexual assault victims, confidential 03-109...... 149 information increased Child Support Guidelines, deviation 03-202 ...... 222 prohibited Statutory fees/costs, waiver authority 03-130...... 210 limited Crime victim statements, requirements 03-97 ...... 202 03-179...... 217 Statutory interpretation, plain meaning rule adopted 03-154 ...... 210

2003 OLR PA Summary Book Part II 526 2003 INDEX BY SUBJECT

Structured settlement transfers, Compensation, guide/assistance dog modifications injuries 03-110...... 205 03-129 ...... 209 Supreme, writ of error authority Court statements, Victim Advocate 03-176...... 217 assistance Surety bail insurer, notification of arrestee 03-179 ...... 217 failure to appear Sexual assault, confidential 03-202...... 222 information increased Tax appeals, equitable relief interest 03-202 ...... 222 restricted Statements at sentence review hearings 03-225...... 98 03-129 ...... 209 United States flag display requirement 03-202...... 222 CRIMES AND OFFENSES Violence Against Women Act, "foreign See also Criminal Procedure; orders of protection" enforcement Domestic Violence; Driving While 03-98...... 203 Intoxicated; Evidence; Sexual Assault CREDIT UNIONS Abuse of elderly/disabled/mentally Branch definition expanded retarded, new crimes created 03-16...... 17 03-267 ...... 243 Community, State Treasurer investment Activities contrary to boating authorized regulation, 03-226...... 24 infraction established Criminal history information disclosure 03-244 ...... 83 03-203...... 287 Assault of a pregnant woman causing Director oath/affirmation regarding fetal death, class A felony duties/responsibilities, specifications established 03-259...... 24 03-21 ...... 196 Directors emeritus/advisory directors, Assault on civilian detention officers, edefined felony established 03-35...... 17 03-6 ...... 179 Examination fee determination Bald eagle disturbance/killing, fines 03-196...... 20 increased Mobile branch establishment, statutory 03-192 ...... 75 modification Boat/boat trailer vegetation inspection 03-196...... 20 failure, fines Officer removal, Banking Department 03-136 ...... 70 authority expanded Boating under the influence, penalties 03-259...... 24 increased Receivers/conservators, powers/ 03-244 ...... 83 responsibilities Bribery, certain offenses reclassed 03-153...... 19 03-259 ...... 24 Reserve/National Guard member called Building evacuation order, violation to active duty, loan applications 03-231 ...... 313 03-24...... 17 Certifying/filing fraudulent financial Shared service center, defined statement, created 03-16...... 17 03-259 ...... 24 Cruelty to animals, CRIME VICTIMS confinement/tethering Address confidentiality program, penalties Secretary of the State establishment 03-212 ...... 79 03-200...... 219 Employer, nonpayment of jury duty Compensation, applications/awards wages 03-189...... 218 03-202 ...... 222

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 527

Fireworks displays without required CRIMINAL PROCEDURE causing death/injury, penalties increased See also Crimes and Offenses; 03-231...... 313 Evidence Hindering prosecution, certain crimes Alternative sentencing, DOC boot reclassed camp option repealed 03-259...... 24 03-48 ...... 197 Identity theft violations, penalties Animal cruelty convictions, conditional increased probation/discharge permitted 03-156...... 210 03-208 ...... 223 Ignition interlock/immobilization device Assault on civilian detention officers, tampering, established enhanced penalties 03-265...... 238 03-6 ...... 179 Infraction penalties, surcharges Boating under the influence, penalties/ 03-6 June 30 SS ...... 464 evidentiary admissibility Interference with emergency calls, 03-244 ...... 83 misdemeanor established Casinos, minimum age violation, 03-43...... 197 penalties Livery service operator impersonator, 03-114 ...... 209 misdemeanor established Criminal defendants incompetent to 03-115...... 318 stand trial, sentencing options Motor fuel theft, larceny 03-3 June 30 SS...... 436 03-201...... 221 Cruelty to animals, Motor vehicle equipment violations, confinement/tethering penalties ines increased 03-212 ...... 79 03-180...... 322 Felons, DNA sampling New home construction contractors 03-242 ...... 227 deposit refund failure, misdemeanor Guilty/no contest pleadings' established immigration status impact, judges 03-167...... 111 responsibility Primary petition forgery or signature 03-81 ...... 201 falsification, penalties Opioid antagonist administration, 03-241...... 132 liability exemption Radon mitigator certification violations, 03-159 ...... 284 minimum fine established Pre-sentencing investigation report, 03-186...... 75 juvenile delinquent special Reckless boating under the influence, education needs penalties increased 03-86 ...... 202 03-244...... 83 Reckless boating under the influence, Surveyors'/geodetic markers, tampering penalties increased 03-115...... 318 03-244 ...... 83 Threatening in the first degree, expanded Sentence review hearings, crime victim 03-22...... 196 statements permitted Trafficking in personal identification 03-129 ...... 209 information, created Victim statements, procedural 03-156...... 210 requirements Unlawful delivery of cigarettes, penalties 03-179 ...... 217 03-271...... 105 Voyeurism, penalty increased Violence Against Women Act, "foreign 03-114 ...... 209 orders of protection" enforcement 03-98...... 203 DAIRIES AND DAIRY PRODUCTS Voyeurism, class D felony Milk pickup tankers, maximum weight 03-114...... 209 increased Witness tampering, reclassed to C felony 03-190 ...... 322 03-259...... 24

2003 OLR PA Summary Book Part II 528 2003 INDEX BY SUBJECT

DAMAGES DISABLED PERSONS Truck rental reservations, failure to See also Mental Health and Addiction deliver Services, Department of; Mental 03-245...... 114 Retardation, Department of; Protection and Advocacy for DAY CARE Persons With Disabilities Office Job applicants, child abuse registry check Abuse crimes, new crimes/penalties 03-243...... 34 created Religious educational activities, licensure 03-267 ...... 243 exemption Blind, educational services funding 03-252...... 300 priorities 03-219 ...... 271 DEATH Child Support Guidelines, earning See also Funerals capacity deviation restricted Certificates, registration designation during 03-130 ...... 210 an emergency Crime victim compensation, injuries to 03-236...... 292 guide/assistance dogs DMR clients, DMR/OPA investigative 03-129 ...... 209 responsibilities Mandatory property tax exemption 03-146...... 268 suspended 03-6 June 30 SS...... 464 DEBTOR/CREDITOR See also Bankruptcy DISASTERS Credit agencies, credit report release See Emergencies blocking procedures 03-156...... 210 DISCRIMINATION Hospital payments, billing practices/ See also Affirmative Action; Human judgment modifications Rights and Opportunities, 03-266...... 302 Commission on IV-D child support delinquency, credit "The Alvin W. Penn Racial Profiling agency notification Prohibition Act" named 03-109...... 149 03-160 ...... 312 State debt recovery, estate value increased Employment practice complaints, 03-126...... 120 CHRO Tax delinquents, intangible property liens hearing representation requirements 03-107...... 95 03-143 ...... 210 UCC secured transactions, Article 9 revision Family and medical sick leave use, 03-62...... 197 violations/administrative relief 03-213 ...... 252 DENTISTS AND DENTISTRY Health care facility whistleblowers, In-patient procedures, health insurance protections enumerated coverage mandate 03-272 ...... 305 03-58...... 158 Needlestick prevention devise use, UConn DISEASES Health Center clinics exemption Childhood cancer awareness license 03-252...... 300 plates authorized Retired dentist license fee reduced 03-265 ...... 238 03-124...... 284 Diabetes, student glucose level self- Services delivery, Medical Assistance testing Program Provider Manual 03-211 ...... 289 03-155...... 150 DIVORCE See also Child Support Ex-spouse former name restoration, filing fee eliminated 03-130 ...... 210

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 529

Future financial interests, pre-/post-judgment Nursing Home Drug Return Program, remedy attachment authorized drug list expansion 03-130...... 210 03-116 ...... 12 Life insurance surety, conditional Opioid antagonist administration, prohibitions liability exemption 03-202...... 222 03-159 ...... 284 Overdoses report, DPH requirement DOMESTIC VIOLENCE 03-159 ...... 284 Foreign protective orders, enforcement Preferred drug list, DSS adoption 03-98...... 203 required Law/procedures updated 03-1 (Vetoed) ...... 325 03-202...... 222 03-2 ...... 332 Violence Against Women Act, compliance Public health emergencies, Governor 03-98...... 203 authority to seize pharmaceuticals 03-236 ...... 292 DRIVING WHILE INTOXICATED Fatal/serious injury accidents, blood/breath DRUNK DRIVING test requirement See Driving While Intoxicated 03-265...... 238 First time convictions, treatment program ECONOMIC AND COMMUNITY requirement DEVELOPMENT, DEPARTMENT 03-265...... 238 OF Ignition interlock/immobilization device, court Annual reports, modifications orders 03-197 ...... 39 03-265...... 238 Defense diversification reports, Pretrial Alcohol Education Program, eliminated technical change 03-26 ...... 39 03-6 June 30 SS ...... 464 Film Office, merged into Arts, Tourism, Culture, History, and Film DRUGS AND MEDICINE Commission See also Pharmacies and Pharmacists 03-6 June 30 SS...... 464 ConnPACE participants, estate recovery Housing programs, transfer to CHFA 03-3 June 30 SS ...... 436 03-185 (Vetoed) ...... 342 ConnPACE, asset test imposition 03-279 (Vetoed) ...... 352 03-3 June 30 SS ...... 436 State-assisted housing properties in ConnPACE, co-payment/annual fee default, disposition increased 03-95 ...... 143 03-2 ...... 332 Urban Sites Remedial Action Program, Dispensing fees reduced site assessment/eligibility expanded 03-2 ...... 332 03-218 ...... 80 03-1 (Vetoed) ...... 325 Drug therapy collaborative agreements, ECONOMIC DEVELOPMENT physicians/nursing home pharmacists Community Economic Development 03-164...... 285 Fund, business financing authority Federally qualified health centers, expanded pharmaceutical access revolving loan 03-93 ...... 39 program established Hotel occupancy tax distribution 03-166...... 285 03-1 June 30 SS ...... 419 Medicaid/ConnPACE, preferred drug list Tourism Account eliminated limitations/application 03-1 June 30 SS ...... 419 03-3 June 30 SS ...... 436 Tourism bureau employees, municipal Medicaid/SAGA recipients, $1 copay health benefit eligibility required 03-254 ...... 254 03-2 ...... 332 Tourism program/districts reorganized 03-1 (Vetoed) ...... 325 03-6 June 30 SS...... 464

2003 OLR PA Summary Book Part II 530 2003 INDEX BY SUBJECT

Transportation projects, plan required Mandated abuse reporters, reporting 03-4 June 30 SS ...... 456 timeframe reduced 03-267 ...... 243 EDUCATION Social security recipients aged 62, See also Adult Education; Higher Education; group health insurance option Schools and School Districts; Students; 03-77 ...... 11 Teachers Treatment refusal for religious reasons, "Pupils and teachers of racial minorities," not grounds for protective services defined 03-267 ...... 243 03-174...... 44 Birth-to-three, school board notification ELECTIONS of enrollees turning three See also Campaign Contributions and 03-174...... 44 Expenditures; Primaries; Voters Federal No Child Left Behind Act, state and Voting compliance Candidate nominations, filling 03-168...... 42 vacancies Funding modifications 03-216 ...... 128 03-6 June 30 SS ...... 464 Election calendar modified Religious educational activities, day care 03-241 ...... 132 licensing exemption Mail-in registration application returns, 03-252...... 300 identification procedure Statutes, revisions 03-204 (Vetoed) ...... 121 03-76...... 41 Petitioning candidates, petition 03-174...... 44 requirements modified Summer school costs 03-241 ...... 132 03-174...... 44 Polling place checkers, teenager Workforce shortage occupations, career appointments ladder programs established 03-108 ...... 118 03-142...... 140 Presidential ballots eliminated, in-state resident EDUCATION, DEPARTMENT OF 03-204 (Vetoed) ...... 121 After School Committee, creation Results transmission, 03-206...... 33 electronic/facsimile permitted Birth-to-Three federal aid, transfer to 03-112 ...... 118 DMR Special taxing districts operating under 03-1 June 30 SS ...... 419 1839 special acts, certain Certification regulations, kindergarten modifications without legislative teacher endorsements approval authorized 03-6 June 30 SS ...... 464 03-256 ...... 263 Glucose levels, in-school student self- Statutes, reduction in Congressional testing guidelines districts 03-211...... 289 03-170 ...... 215 Indoor air quality, school construction project approval ELECTRIC UTILITIES 03-220...... 46 See also Utilities Teacher certification regulations, Coal-burning, mercury emissions implementation delayed reduction required 03-168...... 42 03-72 ...... 67 Teaching certificate issuance/renewal ban Heating customers, delinquency broadened, criminal background forgiveness program eligibility 03-168...... 42 03-47 ...... 49 Heating units, required information ELDERLY PERSONS from buyer at sale Abuse crimes, new crimes/penalties 03-172 (Vetoed) ...... 112 created 03-267...... 243

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 531

Licensing exemptions/legislation Regional emergency requirements telecommunication 03-135...... 50 center employees, municipal health Limited sheet metal power industry license, benefit eligibility established 03-254 ...... 254 03-134...... 111 Volunteer fire/ambulance call Long Island Sound, transmission lines responders employer discrimination permit moratorium extended prohibition 03-148...... 74 03-259 ...... 24 Restructuring law, renewable energy Volunteer fire/ambulance call requirements responders, 03-221...... 65 state employee leave authorization Restructuring law, revisions 03-249 ...... 254 03-135...... 50 Transitional standard offer service, rate EMERGENCY VEHICLES cap/fees/cost recovery Ambulance company audited financial 03-135...... 50 statement filings, requirement Transmission lines, Siting Council standards amended rebuttable presumption 03-46 ...... 279 03-248...... 89 Vacant buildings, reconnecting electric EMINENT DOMAIN service inspection requirement Unnecessary condemned property, 03-214...... 313 notification of surplus disposal 03-115 ...... 318 ELECTRONIC COMMUNICATIONS See Computers EMPLOYMENT See Labor and Employment EMERGENCIES Civil preparedness forces defined ENERGY 03-6 June 30 SS ...... 464 See also Utilities Public health, government powers to Connecticut Energy Advisory Board, respond strengthened membership/duties/funding 03-236...... 292 03-140 ...... 59 Volunteer professional engineers, "good Conservation/renewable energy samaritan" immunity program funds, transferred to 03-260...... 114 General Fund 03-6 June 30 SS...... 464 EMERGENCY MANAGEMENT, OFFICE OF Efficiency/conservation in state State emergency preparedness plan, buildings creation 03-230 ...... 273 03-6 June 30 SS ...... 464 Prospective energy facilities, alternate solutions EMERGENCY SERVICES 03-140 ...... 59 See also Firefighters and Fire Officials; Law Renewable, electric restructuring Enforcement Officers amendments Ambulance companies, financial statement 03-221 ...... 65 requirements modified State agency cost, budget line-item 03-46...... 279 03-132 ...... 267 Interference with emergency calls, State building energy performance misdemeanor established contracting, pilot program 03-43...... 197 established Municipal fire/ambulance volunteers, 03-132 ...... 267 health insurance enrollment authorized State comprehensive plan required 03-254...... 254 03-140 ...... 59

2003 OLR PA Summary Book Part II 532 2003 INDEX BY SUBJECT

ENERGY CONSERVATION Illegal discharge remediation orders, OPM responsibilities/reporting request authority requirements 03-125 ...... 69 03-132...... 267 Kelda lands, law enforcement jurisdiction clarified ENVIRONMENTAL PROTECTION 03-218 ...... 80 See also Agriculture; Fish and Game; Hazardous Lead paint removal, certain Substances; Hazardous Waste; Pollution; Solid homeowner Waste Management; Water and Water assessments/administrative costs Companies; Wetlands; Wildlife 03-276 ...... 91 Conservation and development plan, MTBE phaseout, deadline requirements modified extended/linked to New York plan 03-4 June 30 SS ...... 456 03-122 ...... 68 Impact evaluations, mitigation measures Private land deer permits, issuance included 03-192 ...... 75 03-123...... 69 Proposed regulations, required Invasive plants, information/education information with notice 03-136...... 70 03-276 ...... 91 Lawn sprinkler systems, rainfall sensor Regulated activities on wetlands, installation hearing petition requirements 03-175...... 64 03-276 ...... 91 Mercury-containing high-intensity Safe boating courses, vegetation discharge lamps, warning labels inspection requirement 03-276...... 91 03-136 ...... 70 Poisonous plants list, creation/distribution Undesirable wildlife, disposal 03-193...... 113 authorized Statutes, technical revisions 03-192 ...... 75 03-123...... 69 West Rock Ridge State Park, property 03-276...... 91 acquisition Transfer Act modifications 03-131 ...... 69 03-218...... 80 Underground storage tank clean up ESTATES AND TRUSTS reimbursements, suspended See also Probate Courts; Taxation 03-6 June 30 SS ...... 464 DAS administrator, maximum assumable estate value increased ENVIRONMENTAL PROTECTION, 03-126 ...... 120 DEPARTMENT OF Inheritance/transfer taxes, valued over Bow-and-arrow permits, deer hunting $1 million draw weight 03-1 June 30 SS ...... 419 03-276...... 91 Small trust termination, ceiling value Canada geese takings authorized increased 03-192...... 75 03-183 ...... 218 Coal-burning electric plants emissions Succession tax phase-out delayed compliance, quarterly reports 03-1 June 30 SS ...... 419 03-72...... 67 Trustee's deeds, statutory form Contaminated property, assessment/ established remediation 03-75 ...... 201 03-218...... 80 Deer hunting, expansion authorized ETHICS CODES 03-192...... 75 Municipal employee campaign Dredging applications, public hearings/ contribution solicitation prohibition notification procedures 03-241 ...... 132 03-263...... 90 Prequalified building contractors, gift Fees increased prohibition 03-6 June 30 SS ...... 464 03-215 ...... 122

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 533

State employee communications with Volunteer fire/ambulance call building contractors, prohibitions responders, ...... state employee leave enumerated authorization 03-215...... 122 03-249 ...... 254

EVICTION FIREWORKS See Landlord and Tenant Death/injury during display without permit, fine/jail term established EVIDENCE 03-231 ...... 313 Biological, minimum retention period/prisoner Illegal fireworks disposal authority, access fire marshals 03-242...... 227 03-231 ...... 313 Boating under the influence, admissibility Pyrotechnic displays in places of standards modified public assembly, requirements 03-244...... 83 03-231 ...... 313 Sexual assault, state protocol adopted 03-6 June 30 SS ...... 464 FISH AND GAME American shad (Alosa sapidissima), FAMILY AND MEDICAL LEAVE state fish designation See Labor and Employment 03-41 ...... 117 Bow-and-arrow permits, required draw FARMS AND FARMERS weight defined See Agriculture; Dairies and Dairy Products 03-276 ...... 91 Canada geese, takings authorized FINANCE CHARGES 03-92 ...... 11 See Interest Deer, permits/bait use modifications 03-192 ...... 75 FIRE SAFETY Fishermen's sales tax exemptions, Places of public assembly, exit qualifications relaxed requirements 03-225 ...... 98 03-231...... 313 Migratory game birds, nontoxic shot Sprinkler system mandates use required 03-3 June 30 SS ...... 436 03-192 ...... 75 Violations, nuisance abatement orders Muzzle-loading rifle hunting, 03-231...... 313 authorized ammunition 03-276 ...... 91 FIREFIGHTERS AND FIRE OFFICIALS Non-resident armed services members, Fire police, equipment mandate hunting permits/fee eliminated 03-276 ...... 91 03-181...... 251 Shellfish beds lease, good faith Fire police, traffic control device use harvesting effort required 03-181...... 251 03-263 ...... 90 Marshals, building evacuation orders Snakehead fish sale/purchase, 03-231...... 313 prohibited Marshals, illegal fireworks disposal 03-192 ...... 75 authority 03-231...... 313 FOOD PRODUCTS Municipal volunteers, health insurance "Connecticut Grown" designation enrollment authorized 03-161 ...... 75 03-254...... 254 Preparation equipment, licensed Surviving dependents, state health workers insurance coverage 03-83 ...... 109 03-181...... 251 Volunteer fire/ambulance call responders, employer discrimination prohibition 03-259...... 24

2003 OLR PA Summary Book Part II 534 2003 INDEX BY SUBJECT

FOOD STAMP PROGRAM Indian casino access, minimum age Administration simplification permitted restriction 03-3 June 30 SS ...... 436 03-114 ...... 209 Eligibility determination, excess shelter Lottery games, multi- deduction calculation jurisdictional/foreign 03-36...... 147 promotion/operation permitted 03-191 ...... 313 FORECLOSURE On-line lottery games, CT Lottery Strict foreclosures, bankruptcy petition Corporation prohibition filing 03-60 ...... 309 03-202...... 222 Racing dogs, random urine samplings authorized FORESTS 03-6 June 30 SS...... 464 See State Parks and Forests Raffle ticket sales, payment methods specified FOSTER CARE 03-60 ...... 309 Foster parent criminal history record checks, Sealed ticket permit created requirement 03-178 ...... 312 03-243...... 34 Kinship foster care program establishment GASOLINE 03-42...... 33 See Oil and Gas Placements, transfer prohibition 03-243...... 34 GENERAL ASSEMBLY See also Program Review and FREEDOM OF INFORMATION Investigations Committee Exemption, certain crime victim addresses DSS federal waiver applications, 03-200...... 219 procedure/oversight strengthened State Marshal Commission audits, 03-165 (Vetoed) ...... 150 exemption Legislative commissions, refill 03-224...... 224 limitations Water company information, disclosure 03-1 June 30 SS ...... 419 exemption Public health emergency declaration, 03-6 June 30 SS ...... 464 disapproval/nullification Wildlife management practices disclosure 03-236 ...... 292 requirement Teachers' Retirement System, benefits 03-192...... 75 reduction prohibited 03-232 ...... 13 FUEL See Oil and Gas GENERAL ASSISTANCE Cash assistance programs, benefits FUNERALS 03-3 June 30 SS...... 436 See also Death State administered, recipient Embalmers/funeral home directors, outpatient/prescription copay continuing education requirements 03-1 (Vetoed) ...... 325 established 03-2 ...... 332 03-118...... 283 State-administered, modifications Irrevocable contracts/burial funds, TFA 03-3 June 30 SS...... 436 eligibility exclusion 03-67 (Vetoed)...... 108 GENETIC TESTING Felons, DNA sampling GAMBLING 03-242 ...... 227 Bingo prizes, daily/weekly value increased 03-178...... 312 GOVERNMENT PURCHASING Child support delinquents, lottery winnings State construction contracts, seizure modifications 03-109...... 149 03-215 ...... 122

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 535

GOVERNOR Woodbridge health board, termination Aviation Pioneer Day (Sikorsky) declaration method 03-29...... 41 03-256 ...... 263 Budget proposal, state agency energy cost line-item HEALTH CARE ACCESS, OFFICE 03-132...... 267 OF Budget rescission authority increased Certificate of need applications, 03-185 (Vetoed) ...... 342 process amended 03-279 (Vetoed) ...... 352 03-17 ...... 275 03-1 June 30 SS ...... 419 Cost assessments, hospital notification Juneteenth Independence Day proclamation deadline extended required 03-222 ...... 292 03-79...... 118 Long-term acute care hospitals, Personal services appropriation transfer demonstration project authorization authority, expanded 03-275 ...... 307 03-1 June 30 SS ...... 419 Nonprofit hospital sale process Priority school district grants, modification modified prohibited 03-73 ...... 279 03-1 (Vetoed) ...... 325 03-2 ...... 332 HEALTH CARE FACILITIES Public health emergencies, pharmaceutical See also Hospitals; Nursing Homes seizure authority Acquired brain injury residential pilot 03-236...... 292 program created Public health emergency declaration 03-3 June 30 SS...... 436 authorized Certificate of need applications, 03-236...... 292 process amended 03-17 ...... 275 GRANTS Federally qualified centers, See State Aid pharmaceutical access revolving loan program established HAZARDOUS SUBSTANCES 03-166 ...... 285 Asbestos abatement certification Licensing fees, code compliance 03-87...... 282 03-3 June 30 SS...... 436 Mercury-containing high-intensity Long-term acute care hospitals, discharge lamps, warning labels demonstration project authorization 03-276...... 91 03-275 ...... 307 Poisonous plants, list creation/distribution Outpatient surgical facilities licensure 03-193...... 113 03-274 ...... 305 Radon mitigators, certification requirements Residential care homes, OCHA modified oversight/review exemption 03-186...... 75 03-3 June 30 SS...... 436 Underground storage tanks in commercial Smoking ban established settings, double-walled construction 03-45 ...... 277 requirement Whistleblower protections enumerated 03-218...... 80 03-272 ...... 305

HAZARDOUS WASTE HEALTH INSURANCE Transfer Act disclosure See also Managed Care 03-82...... 201 Organizations; Medicaid Adopted children, coverage HEALTH requirement exception See also Mental Health 03-70 ...... 159 Prevention Council, goals/strategies Birth-to-Three policies, amendments implementation plan required 03-3 June 30 SS...... 436 03-145...... 33

2003 OLR PA Summary Book Part II 536 2003 INDEX BY SUBJECT

Craniofacial disorders, coverage State negotiated, participation requirement eligibility 03-37...... 276 03-6 June 30 SS...... 464 Dental procedures, in-patient coverage Surviving dependents of state police mandate officers/firefighters, state coverage 03-58...... 158 03-181 ...... 251 Graduate assistants, state employee coverage elimination HEALTH PROFESSIONS 03-6 June 30 SS ...... 464 See also Dentists and Dentistry; Group benefit extension for those over Occupational Licensing; age 62 Pharmacies and Pharmacists 03-77...... 11 Acupuncturists, alternative licensure Health Reinsurance Association preexisting established condition exclusion, prohibition 03-240 ...... 299 03-6 June 30 SS ...... 464 Childhood immunizations/health HUSKY adult program, coverage assessments, reports to school suspended districts 03-1 (Vetoed) ...... 325 03-211 ...... 289 03-2 ...... 332 Continuing education requirements HUSKY continuous eligibility policy established, certain professions eliminated 03-118 ...... 283 03-1 (Vetoed) ...... 325 Emergencies, license requirements 03-2 ...... 332 suspended for out-of-state HUSKY programs, amendments responders 03-3 June 30 SS ...... 436 03-236 ...... 292 Mandated benefits increased Fireworks injuries, fire marshal 03-119...... 160 notification required Medical savings accounts, home health 03-231 ...... 313 care deductible exemption Hearing instrument specialists, 03-78...... 159 alternative licensure established Municipal, authorized enrollees expanded 03-240 ...... 299 03-254...... 254 Homeopathic physicians, Plan information, required distribution defined/training requirements expanded established 03-119...... 160 03-252 ...... 300 Policies, premium rates/classification Insurer claims, minimum processing changes regulated information/format 03-119...... 160 03-57 ...... 157 Preferred provider networks, regulation/ Licensing renewal periods/fees, licensing increased 03-169...... 171 03-3 June 30 SS...... 436 Provider claims, minimum processing Opioid antagonist administration, information/format established liability exemption 03-57...... 157 03-159 ...... 284 Retired teacher health coverage, Pathologist services, DSS contributions increased reimbursement requirement 03-232...... 13 03-3 June 30 SS...... 436 State employee group plan, small Personal physicians, unlicensed employer participation practice in Connecticut, time limit 03-149...... 162 established State employee layoffs, benefit 03-252 ...... 300 continuation Physical therapists, "wellness care" 03-3...... 249 practice State employee military activation, 03-209 ...... 289 benefits continuation 03-3...... 249

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 537

Physician's assistants, professional service HIGHWAYS AND ROADS (NAMED) corporations Alvin W. Penn Memorial Highway 03-158...... 213 03-115 ...... 318 Physicians/nursing home pharmacists, Antranig Ozanian Memorial Highway drug therapy collaborative agreements 03-115 ...... 318 03-164...... 285 Daniel S. Wasson Connector Professional counselors, alternative 03-115 ...... 318 licensure established Edward Armeno Memorial Highway 03-240...... 299 03-115 ...... 318 Radiographers, alternative licensure Francis Kochanowicz Memorial established Highway 03-240...... 299 03-115 ...... 318 Youth camp physicians, out-of-state Hero's Tunnel licensure exemption permitted 03-115 ...... 318 03-252...... 300 Korean War Veterans Chapter 204 Memorial Highway HIGHER EDUCATION 03-115 ...... 318 See also University of Connecticut Leif Erickson Highway Academic scholarship loan program, 03-115 ...... 318 distribution reflecting reduced Milford Parkway Connector Congressional districts 03-115 ...... 318 03-170...... 215 Nicholas LaRosa Memorial Highway Administrative expenditures limited 03-115 ...... 318 03-6 June 30 SS ...... 464 Officer Bruce Hanley Memorial Administrative spending, caps imposed Highway 03-185 (Vetoed) ...... 342 03-115 ...... 318 03-279 (Vetoed) ...... 352 Officer Walter T. Williams III 03-1 June 30 SS ...... 419 Memorial Highway Community-Technical Colleges' 03-115 ...... 318 Operating Fund, certain appropriations Robert F. Juliano Highway deposited 03-115 ...... 318 03-69...... 139 Roger Fissette Hannon-Hatch VFW Dormitories, smoking ban established Post 9929 Memorial Highway 03-45...... 277 03-115 ...... 318 Faculty position refilling, permitted Sergeant Elijah Churchill Memorial 03-185 (Vetoed) ...... 342 Highway 03-279 (Vetoed) ...... 352 03-115 ...... 318 Faculty vacancies, refills/reallocation plan Sergeant Elijah Churchill Memorial 03-1 June 30 SS ...... 419 Highway, designation rescinded Graduate assistants, state employee health 03-265 ...... 238 insurance coverage elimination Trooper Carl P. Moller Memorial 03-6 June 30 SS ...... 464 Highway Measles/rubella immunization proof, 03-115 ...... 318 enrolling student exemption Trooper Ernest Morse Memorial 03-13...... 139 Highway Students called to active military duty, 03-115 ...... 318 free public college reenrollment Veteran's Memorial Highway 03-33...... 309 03-115 ...... 318 Veteran's Memorial Highway, renamed HIGHWAYS AND ROADS Veterans Memorial Highway Oversized mobile home transportation 03-265 ...... 238 permits, pilot program codified VFW Post 10128 Memorial Highway 03-96...... 317 03-115 ...... 318 State highway right-of-way, private West Rock Tunnel, renamed floodlighting restrictions 03-115 ...... 318 03-210...... 323

2003 OLR PA Summary Book Part II 538 2003 INDEX BY SUBJECT

William E. Keish, Jr. Memorial Highway HOTELS AND MOTELS 03-115...... 318 See Public Accommodations William J. Snyder, Sr. Memorial Highway 03-115...... 318 HOUSING See also Connecticut Housing HOLIDAYS AND PROCLAMATIONS Finance Authority; Landlord and Aviation Pioneer Day (Sikorsky) declaration Tenant 03-29...... 41 Authorities, financially distressed Juneteenth Independence Day proclamation property conveyance required 03-6 June 30 SS...... 464 03-79...... 118 Charitable, property tax exemption 03-270 ...... 105 HOME HEALTH CARE Eviction prevention program, DSS loan Insurance deductible, medical savings component eliminated accounts exemption 03-25 ...... 145 03-78...... 159 Redevelopment, New Britain/Stamford state-assisted moderate income HOSPITALS 03-6 June 30 SS...... 464 See also Health Care Facilities State-assisted properties in default, "Hospital bed fund," definition/notification/ disposition reporting modifications 03-95 ...... 143 03-266...... 302 Billing/collection practices, modifications HUMAN RIGHTS AND 03-266...... 302 OPPORTUNITIES, Budget data submission to OHCA, date CONNECTICUT COMMISSION change ON 03-12...... 275 Employment practice complaints, Chronic disease hospital/skilled nursing alternative dispute resolution home facility pilot program procedures 03-3 June 30 SS ...... 436 03-143 ...... 210 Community benefits program report, Legal representation modifications biennial requirement 03-6 June 30 SS...... 464 03-80...... 282 Proceedings, state agency affirmative Debt collection report requirement action officer role restriction 03-266...... 302 03-151 ...... 251 Disproportionate share payments expanded HUNTING 03-3 June 30 SS ...... 436 See Fish and Game Free/reduced care filings to OHCA, additional information requirements IMMIGRATION 03-266...... 302 Guilty/no contest pleadings' Long-term acute care, demonstration project immigration status impact, judicial authorization responsibility 03-275...... 307 03-81 ...... 201 Medicaid reimbursement rates, adjustment 03-3 June 30 SS ...... 436 IMMUNITY Money judgments, homestead exemption See Liability increased 03-266...... 302 IMMUNIZATIONS Nonprofit, sale process modified Measles/rubella immunization proof, 03-73...... 279 higher education enrolling student OHCA assessments, deadline extended exemption 03-222...... 292 03-13 ...... 139

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 539

Public Health Department appropriations Insolvent insurer settlements, CT authorized Insurance Guaranty Association 03-6 June 30 SS ...... 464 municipal recovery prohibited Public health emergency vaccinations, 03-182 ...... 178 refusal permitted Minimum valuation rules, standards 03-236...... 292 adoption 03-30 ...... 155 INCOME TAX Non-profit companies, confidential Certain terrorist victims, tax liability department filings exemption 03-104 ...... 160 03-225...... 98 Personal risk insurers, claim denial Increased notice requirements 03-2 ...... 332 03-55 ...... 157 Increased/additional brackets created Producers, criminal history information 03-1 (Vetoed) ...... 325 disclosure 03-185 (Vetoed) ...... 342 03-203 ...... 287 03-279 (Vetoed) ...... 352 Statutes, minor/technical changes Jeopardy assessments, taxpayer appeals 03-199 ...... 178 03-107...... 95 Viatical settlement law, broadened Overlapping deductions eliminated 03-152 ...... 163 03-225...... 98 Property tax credit reduced INSURANCE DEPARTMENT 03-1 (Vetoed) ...... 325 Confidentiality requirement 03-185 (Vetoed) ...... 342 03-121 ...... 161 03-279 (Vetoed) ...... 352 Financial oversight duties, outside 03-1 June 30 SS ...... 419 expert use Reductions delayed 03-127 ...... 162 03-1 June 30 SS ...... 419 Non-profit insurance company S corporation income, bonus depreciation supplemental filings, confidentiality add-backs phased in 03-104 ...... 160 03-225...... 98 Preferred provider networks, regulation Tax liens on intangible property, allowed 03-169 ...... 171 03-107...... 95 Withholding overpayments, employer INTEREST refund restrictions Deferred payment contracts, disclosure 03-107...... 95 03-105 ...... 19 Excessive prepayment penalties, INSURANCE secondary mortgage lenders See also Health Insurance; Medicaid 03-61 ...... 18 Annuities, minimum nonforfeiture benefits Life insurance annuities, minimum calculation nonforfeiture benefits calculation 03-53...... 156 03-53 ...... 156 Companies, health and welfare assessment Tax appeals, equitable relief restricted levied 03-225 ...... 98 03-3 June 30 SS ...... 436 Companies, salvage vehicle documentation, INTERNET appraiser damage report included See Computers 03-265...... 238 Connecticut Insurance Guaranty INVESTMENTS Association Act affiliates/nonresident Broker-dealer/investment advisor, claims, modifications criminal history information 03-49...... 155 disclosure High-cost home loan products, cancellation 03-203 ...... 287 rights notice requirements Wall Street Settlement funds, deposit 03-61...... 18 to General Fund 03-185 (Vetoed) ...... 342

2003 OLR PA Summary Book Part II 540 2003 INDEX BY SUBJECT

JOB TRAINING LABOR AND EMPLOYMENT Adult education pilot program See also Collective Bargaining; 03-102...... 140 Discrimination; Municipal Apprenticeship programs, fees/on-line Officials and Employees; registry study Occupational Licensing; 03-207...... 141 Retirement and Pensions; Schools Workforce shortage occupations, career and School Districts; State Officers ladder programs established and Employees; Teachers; Wages; 03-142...... 140 Workers' Compensation; Workforce Competitiveness, Office JUDGES of Grand jury investigation applications, Apprentice training program, fees/on-line criteria modified registry study 03-273...... 245 03-207 ...... 141 Guilty/no contest pleadings' immigration Employee assistance program client status impact, advisory responsibilities participation/records, confidential 03-81...... 201 03-187 ...... 287 Judicial Selection Commission, Employees of state-aided institutions, membership/terms ERIP eligibility 03-170...... 215 03-185 (Vetoed) ...... 342 Paternity test payment orders Family and Medical Leave Act, sick 03-89...... 147 leave use/eligibility 03-213 ...... 252 JUDICIAL BRANCH Health care facility whistleblowers, See also Chief Court Administrator; Judges protections enumerated Criminal Injuries Compensation Fund, 03-272 ...... 305 restitution revenue sources/deposits Health insurance, group policies 03-189...... 218 mandated benefits Fee increases/allocation 03-119 ...... 160 03-1 (Vetoed) ...... 325 Health risks/hazards, employee 03-2 ...... 332 notification 03-185 (Vetoed) ...... 342 03-272 ...... 305 03-1 June 30 SS ...... 419 Income tax withholding overpayments, Juvenile probation officers, special employer refund restrictions education needs inclusion in 03-107 ...... 95 pre-sentence investigation report Jury duty wages, employer non- 03-86...... 202 payment penalties Statutory definition clarified 03-202 ...... 222 03-202...... 222 Personnel files, electronic material inclusion requirement JURIES 03-5 ...... 250 Employer wage payment failure, penalties Volunteer fire/ambulance call 03-202...... 222 responders, discrimination Investigatory grand jury investigations, prohibition approval criteria modification 03-259 ...... 24 03-273...... 245 Whistleblower protections enumerated 03-259 ...... 24 JUSTICES OF THE PEACE Workforce shortage areas, academic Political action/exploratory committees, instruction contribution limits 03-66 ...... 139 03-241...... 132 Workforce shortage occupations, career JUVENILES ladder programs established See Children and Minors 03-142 ...... 140 Workplace smoking ban extended 03-45 ...... 277

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 541

LABOR, DEPARTMENT OF Motor vehicle, vicarious liability Apprentice training program, fees/on-line exemption established registry study 03-250 ...... 89 03-207...... 141 Shellfish beds, good faith harvesting effort LAND USE 03-263 ...... 90 See Planning and Zoning State real property lessee, property tax modifications LANDLORD AND TENANT 03-269 ...... 102 Eviction prevention program, DSS loan Truck rental reservations, delivery eliminated fulfillment 03-25...... 145 03-245 ...... 114 Veterans/military automobile, property LAW ENFORCEMENT OFFICERS tax exemption applied See also State Marshals 03-269 ...... 102 Accreditation standards 03-6 June 30 SS ...... 464 LIABILITY Biological evidence preservation, minimum Broadcasters, Amber Alert Program timeframe immunity 03-242...... 227 03-111 ...... 208 Boat seizure authority expanded Cigarette taxes, inventory sale 03-244...... 83 successor liability Building evacuation orders permitted 03-225 ...... 98 03-231...... 313 Dram Shop Act maximum recovery Custody transfers at courthouse lockup, increased capias orders 03-91 ...... 109 03-224...... 224 Motor vehicle leases, vicarious liability Indemnification rights enforcement, exemption established legal action authorized 03-250 ...... 89 03-97...... 202 Negligent liquor sales, right to sue Kelda lands, law enforcement 03-91 ...... 109 jurisdiction clarified Opioid antagonist administration, 03-218...... 80 specific National Crime Information Center use exemption authorized requirement 03-159 ...... 284 03-173...... 217 Professional engineers, volunteer Police department civilian employees, immunity enhanced assault penalty during declared emergency 03-6...... 179 03-260 ...... 114 Remarried spouses/surviving dependents, Public health emergencies, government insurance coverage officials/employees immunity 03-181...... 251 03-236 ...... 292 Runaways, options specified Spay/neuter animals in animal control 03-257...... 237 officer's care, veterinarian State, minimum officer requirement exemption established suspended 03-137 ...... 72 03-6 June 30 SS ...... 464 Transfer Act disclosure exemption, Traffic stop reports, required submission court appointed 03-160...... 312 attorneys/bankruptcy trustees LEASES AND LEASING 03-82 ...... 201 Computer equipment leases, expiration Volunteers/nonprofit organizations, notification requirements "good samaritan" cartridge injector 03-128...... 110 administration 03-211 ...... 289

2003 OLR PA Summary Book Part II 542 2003 INDEX BY SUBJECT

LICENSES Bridgeport, property tax exemption See Health Professions; Marriage; Motor Vehicles; application deadline Occupational Licensing 03-246 ...... 262 Cigarette, license established LIENS AND ENCUMBRANCES 03-271 ...... 105 Intangible property, DRS tax lien Equipment, property tax exemption 03-107...... 95 scope narrowed Mechanic's lien satisfaction, sale notice 03-6 June 30 SS...... 464 requirements Industrial production employees, 03-38...... 317 licensing exemption narrowed Notice of intent to claim a lien, time period 03-261 ...... 115 extended Machinery/equipment property tax 03-224...... 224 exemptions, reduced 03-1 (Vetoed) ...... 325 LIMITED LIABILITY COMPANIES 03-2 ...... 332 Mergers with stock corporations authorized Property tax exemptions, filing 03-18...... 179 deadline waiver process Tax surcharges imposed 03-269 ...... 102 03-1 (Vetoed) ...... 325 Tobacco, DRS licensure 03-2 ...... 332 03-271 ...... 105 03-185 (Vetoed) ...... 342 03-279 (Vetoed) ...... 352 MARINE RESOURCES Shellfish beds, utility impact LIQUOR compensation See Alcoholic Beverages 03-263 ...... 90

LITIGATION MARRIAGE Personal information release from DMV License applications/premarital blood registration files, modifications tests, modifications 03-265...... 238 03-188 ...... 287 Validating certain marriages LOANS 03-238 ...... 227 See Banks and Banking; Credit Unions; Mortgages Validating certain November 2000 marriages LONG ISLAND SOUND 03-6 June 30 SS...... 464 Electric/gas/telecommunications lines, permit approval moratoria extended MEDICAID 03-148...... 74 Asset transfer/income diversion, Shellfish beds, protections/harvesting modifications 03-263...... 90 03-3 June 30 SS...... 436 Eligibility restricted, parents of MANAGED CARE ORGANIZATIONS children enrolled in HUSKY See also Health Insurance program Community benefits program report, 03-1 (Vetoed) ...... 325 biennial requirement 03-2 ...... 332 03-80...... 282 HUSKY A, dental amendments Enrollees, hold-harmless provisions 03-155 ...... 150 03-169...... 171 HUSKY A, insurance/cost sharing Preferred provider networks, contractual 03-3 June 30 SS...... 436 requirements Preferred drug list, limitation 03-169...... 171 03-3 June 30 SS...... 436 Recipients, cost-sharing authority MANUFACTURERS reinstated Biomass gasification plant, DPUC 03-1 Sep 8 SS ...... 505 jurisdiction exemption 03-163...... 64

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 543

Recipients, cost-sharing authority repealed Direct care job applicants/contractors, 03-3 Jun 30 SS ...... 436 criminal background checks Recipients, outpatient/prescription copay 03-203 ...... 287 03-1 (Vetoed) ...... 325 Gynecological services, required 03-2 ...... 332 03-40 ...... 277 Reimbursement rates, adjustment 03-3 June 30 SS ...... 436 MENTALLY RETARDED PERSONS Technical changes, conformance with Abuse crimes, new crimes/penalties federal law created 03-28...... 145 03-267 ...... 243

MEDICAL CARE MILITARY See also Home Health Care; Immunizations See also Veterans Drug therapy collaborative agreements, Activation, state employee physicians/nursing home pharmacists wages/benefits continuation 03-164...... 285 03-3 ...... 249 Gynecological services, DMHAS/DMR Automobile property tax exemption, clients extended to leased vehicles 03-40...... 277 03-269 ...... 102 Involuntary, court-ordered electro shock Non-resident armed services members, therapy requirements hunting permits/fee 03-31...... 196 03-276 ...... 91 Preferred provider network health care Property tax amnesty, troops in services approval, utilization review Middle East procedures required 03-6 June 30 SS...... 464 03-169...... 171 Reserve/National Guard member called to active duty, mortgage loan MEDICAL PROFESSIONS applications See Health Professions 03-24 ...... 17 Student activation, free public college MENTAL HEALTH reenrollment Mentally ill felons, DNA sampling 03-33 ...... 309 03-242...... 227 MOBILE HOMES MENTAL HEALTH AND ADDICTION Transportation, DOT pilot program SERVICES, DEPARTMENT OF codified Gynecological services, required 03-96 ...... 317 03-40...... 277 Substance Abuse Revolving Loan Fund, MORTGAGES maximum loan amount increased Abusive Home Loan Lending Practices 03-162...... 285 Act violations, maximum penalty increased MENTAL RETARDATION 03-259 ...... 24 Assisted living pilot program created Bankruptcy petitions, state court filing 03-3 June 30 SS ...... 436 requirement Guardianship statutes, terminology/ 03-202 ...... 222 technical changes Discharge petitions, modifications 03-51...... 279 03-74 ...... 200 Reserve/National Guard member called MENTAL RETARDATION, DEPARTMENT OF to active duty, loan applications Birth-to-Three participation fee expanded 03-24 ...... 17 03-3 June 30 SS ...... 436 Secondary lenders, excessive Client deaths, investigative responsibilities prepayment enumerated penalty prohibition 03-146...... 268 03-61 ...... 18

2003 OLR PA Summary Book Part II 544 2003 INDEX BY SUBJECT

Wire transfer payments, secondary MOTOR VEHICLES, DEPARTMENT mortgage lender time frame OF 03-23...... 17 Certain fees increased 03-4 June 30 SS...... 456 MOTOR FUELS TAX Childhood cancer awareness license See Oil and Gas plates authorized 03-265 ...... 238 MOTOR VEHICLES Commercial registration prohibition, See also Emergency Vehicles; Highways and unregistered home improvement Roads; Traffic Rules and Regulations; Trucks contractors and Trucking Companies 03-260 ...... 114 Abandoned with VIN alteration/removal, Driver license suspensions, second authorized custodian/procedure DWI in 10 years 03-265...... 238 03-265 ...... 238 Driver license renewals, vision screening Fees increased delay 03-1 June 30 SS ...... 419 03-3 June 30 SS ...... 436 Ignition interlock device tampering, Equipment violations, fines increased license suspension required 03-180...... 322 03-265 ...... 238 Extended warranty contracts, requirements License suspension for failure to 03-50...... 317 appear, subsequent violations Fuel retailers, free access to air compressor 03-233 ...... 226 03-194 (Vetoed)...... 323 Social security number, collection Home driver training certificate, authorized eliminated signatory 03-3 June 30 SS...... 436 03-265...... 238 Vehicle registration prohibition Leases, vicarious liability exemption program, participation rules 03-250...... 89 modified Licenses, 16- and 17-year olds' graduated 03-264 ...... 264 licensing Wildlife conservation license plates 03-171...... 320 authorized Licenses, 16- and 17-year olds' graduated 03-265 ...... 238 licensing, effective date extended 03-3 June 30 SS ...... 436 MUNICIPAL OFFICIALS AND Licenses, motorcycle endorsements EMPLOYEES 03-171...... 320 See also Firefighters and Fire Mechanic's lien satisfaction, sale notice Officials; Law Enforcement requirements Officers 03-38...... 317 "Administrators of elections held in the Non-standard lighting equipment task force, municipality" designated created 03-204 (Vetoed) ...... 121 03-265...... 238 Animal control officer, spay/neutering Passenger vehicle definition expanded unclaimed animals authorized 03-265...... 238 03-137 ...... 72 Salvage vehicle documentation, appraiser Building officials, homeowner damage report included construction plans return 03-265...... 238 03-205 ...... 122 Snowmobile/ATV operation, landowner Campaign contribution solicitation permission prohibition 03-276...... 91 03-241 ...... 132 Taxi-cab/service bus safety inspections Election moderator, results requirements modified transmission methods expanded 03-3 June 30 SS ...... 436 03-112 ...... 118 Veterans/military property tax exemption, Health directors, quarantine authority extended to leased vehicles 03-236 ...... 292 03-269...... 102

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 545

Immunity, public health emergencies Crime victim addresses, confidentiality 03-236...... 292 program address substitution Land use/building officials/agents, 03-200 ...... 219 pre-application review permitted Delinquent motor vehicle reporting fee 03-184...... 261 03-185 (Vetoed) ...... 342 Local health directors' orders, appeals 03-1 June 30 SS ...... 419 timeframe Delinquent motor vehicle reporting fee, 03-252...... 300 recovery permitted Registrar of voters, candidate petition 03-6 June 30 SS...... 464 certification DMV vehicle registration prohibition 03-241...... 132 program, participation rules Registrar of voters, records duties modified expanded/clarified 03-264 ...... 264 03-204 (Vetoed)...... 121 Documents, off-site storage permitted Registrar of voters/poll workers, training 03-139 ...... 120 03-204 (Vetoed)...... 121 Farm building tax exemption Registrars of voters, centralized voter authorized registration system participation 03-234 ...... 83 03-117...... 119 Fire police, equipment mandate Registrars of voters, Statewide Student eliminated Voter Registration Drive established 03-181 ...... 251 03-54...... 117 Fire/ambulance volunteers, health Retirement, purchase of MERF credits insurance enrollment authorized 03-138...... 250 03-254 ...... 254 Town clerks, marriage license applications Grand list requirements, modifications 03-188...... 287 03-269 ...... 102 Zoning certification legal notice option, Hartland, assessments validated obligation to inform applicant 03-256 ...... 263 03-144...... 257 03-262 ...... 32 03-269 ...... 102 MUNICIPALITIES Health departments, funding reduced See also Government Purchasing; Planning and 03-3 June 30 SS...... 436 Zoning; Property Tax; Schools and School Health Insurance, authorized enrollees Districts expanded Absentee voting pilot program, 03-254 ...... 254 participation Insolvent insurer settlements, CT by three municipalities Insurance Guaranty Association 03-227...... 130 municipal recovery prohibited Assessments/appeals, time limit extension 03-182 ...... 178 provision eliminated Invasive plant ordinances prohibited 03-269...... 102 03-136 ...... 70 Bridgeport, manufacturer's property tax Land use review process, schedule exemption application deadline standardized 03-246...... 262 03-177 ...... 258 Cemetery associations, member terms Lawn sprinkler systems, rainfall sensor amended installation ordinance 03-252...... 300 03-175 ...... 64 Charter/ordinances, pre-referendum Optional veterans' property tax publication/notice exemption, eligibility/benefits 03-99...... 118 increase Class II watershed land, sports field use 03-44 ...... 257 permitted Parking authority, regulation 03-1 Sep 8 SS ...... 505 enforcement Construction contracts funded in part by ordinance the state, modifications 03-264 ...... 264 03-215...... 122

2003 OLR PA Summary Book Part II 546 2003 INDEX BY SUBJECT

Planning commission vacancies, filling MUSEUMS 03-184...... 261 Ballard Institute of Museum of Property tax exemptions, suspension/ Puppetry designated the State reimbursement reduced Museum of Puppetry 03-6 June 30 SS ...... 464 03-237 ...... 142 Property taxes, collection agency bond requirements NOISE POLLUTION 03-262...... 32 Excessive motor vehicle noise, fines Proposed land use/building project increased pre-application review 03-180 ...... 322 03-184...... 261 Public health law exemptions, certain NONPROFIT ORGANIZATIONS municipal water utilities "Good samaritan" immunity, cartridge 03-175...... 64 injector administration Quasi-public agency, real property taxation 03-211 ...... 289 03-246...... 262 Charitable housing, property tax Real estate conveyance tax, temporary exemption increase/town option 03-270 ...... 105 03-1 (Vetoed) ...... 325 03-2 ...... 332 NURSES AND NURSING Revaluation exemption certification Medical directives authority process, 03-8 ...... 275 changes Nurse's aide complaints, appeal 03-269...... 102 deadline clarified Siting council applications, access to 03-252 ...... 300 funding to participate 03-140...... 59 NURSING HOMES State aid reduced Administrators, continuing education 03-1 (Vetoed) ...... 325 requirements established 03-2 ...... 332 03-118 ...... 283 Summons' serving, State Marshal procedure Automatic fire sprinkler installation changes 03-3 June 30 SS...... 436 03-224...... 224 Chronic disease hospital/skilled Veterans/military automobile property tax nursing home facility pilot program exemption, extended to leased vehicles 03-3 June 30 SS...... 436 03-269...... 102 Collaborative drug therapy agreements, Warren, assessments validated physicians/nursing home 03-256...... 263 pharmacists 03-262...... 32 03-164 ...... 285 03-269...... 102 Drug return program, updated drug list Wastewater management districts, allowed 03-116 ...... 12 03-6 June 30 SS ...... 464 Inspections, prior disclosure prohibited Water quality projects, state grant 03-92 ...... 11 eligibility Rate increase delayed 03-218...... 80 03-1 (Vetoed) ...... 325 Waterbury parking authority, termination 03-2 ...... 332 method Receivers/waiting lists/closures, 03-256...... 263 modifications Woodbridge health board, termination 03-3 June 30 SS...... 436 method Reimbursement rates modified 03-256...... 263 03-3 June 30 SS...... 436 Temperature recommendations 03-272 ...... 305

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 547

OCCUPATIONAL LICENSING Massage therapists, continuing See also Health Professions; Teachers education requirements established Alcohol/drug counselors, continuing 03-118 ...... 283 education requirements established Natureopathic physicians, licensure by 03-118...... 283 endorsement Alcohol/drug counselors, supervised work 03-252 ...... 300 experience licensure exemption Nursing home administrators, 03-195...... 218 continuing education requirements Asbestos abatement certification, established fees/reciprocity 03-118 ...... 283 03-87...... 282 Occupational therapists, license by Backflow prevention devices/cross- endorsement connection surveys, certification 03-252 ...... 300 03-252...... 300 Physical therapists, continuing Clinical social workers, continuing education requirement education requirements alternative 03-209 ...... 289 established Piping/tubing used for human food 03-252...... 300 preparation, licensed workers Dish antenna installation licensure 03-83 ...... 109 03-261...... 115 Radon mitigators, certification 03-6 June 30 SS ...... 464 requirements modified Electricians, limited low-voltage license 03-186 ...... 75 examination eligibility Real estate brokers, required classroom 03-261...... 115 study hours increased Fees, increased 03-14 ...... 155 03-185 (Vetoed) ...... 342 Real estate brokers/salesperson Funeral directors/embalmers, continuing licensure, electronic courses education requirements established permitted 03-118...... 283 03-39 ...... 155 Hairdresser/cosmetician licensure, Security system installation, Electric reciprocity Work Board authorization 03-32...... 276 03-261 ...... 115 Hairdressers and cosmeticians, alternative Sheet metal work licensing exemption licensure established 03-59 ...... 108 03-240...... 299 Veterinarians, alternate certification Hoisting equipment operators, licensure recognition 03-253...... 315 03-252 ...... 300 Human food preparation products, Viatical settlement agents, licensing licensed piping workers requirements 03-83...... 109 03-152 ...... 163 Industrial production manufacturing Well casing, limited employees, exemption narrowed contractor/journeyman certificates 03-261...... 115 of registration Licensing renewal periods/fees, increased 03-68 ...... 108 03-3 June 30 SS ...... 436 Limited sheet metal power industry license, OIL AND GAS established Gasoline dealers, free access to air 03-134...... 111 compressor Marital and family therapists, alternative 03-194 (Vetoed) ...... 323 licensure Heating units, required information 03-252...... 300 from buyer at sale Marital/family therapists, DPH disciplinary 03-172 (Vetoed) ...... 112 authority clarified Long Island Sound permit moratorium 03-118...... 283 extended 03-148 ...... 74

2003 OLR PA Summary Book Part II 548 2003 INDEX BY SUBJECT

Motor fuel tax refund limitation Land use commissions, administrative 03-225...... 98 review schedule standardized Motor fuel theft, larceny 03-177 ...... 258 03-201...... 221 Motor vehicle-related land uses, local MTBE phaseout, deadline extended/ approval linked to New York plan 03-184 ...... 261 03-122...... 68 Zoning decisions, applicants' legal Natural gas sellers, DPUC registration notice option requirements/violation penalties 03-144 ...... 257 03-27...... 49 Underground storage tanks in commercial PLANTS settings, double-walled construction Invasive species, inspections/education requirement 03-136 ...... 70 03-218...... 80 Poisonous plants list, creation/distribution PARKING FACILITIES 03-193 ...... 113 Chief Court Administrator supervision, policies/towing authorized POLICY AND MANAGEMENT, 03-202...... 222 OFFICE OF Municipal parking authority, regulations Adriaen's Landing, powers expanded enforcement ordinance 03-6 June 30 SS...... 464 03-264...... 264 Community -Technical Colleges' Waterbury parking authority, termination Operating Fund, appropriations method transfer approval 03-256...... 263 03-69 ...... 139 Connecticut Environmental Policy Act PARKS AND FORESTS responses/comments, availability See State Parks and Forests 03-123 ...... 69 Emergency performance contracting, PARTNERSHIPS pilot program established Mergers, statutes revised 03-132 ...... 267 03-18...... 179 Energy conservation, reporting 03-132 ...... 267 PHARMACIES AND PHARMACISTS Energy use calculation formula, state See also Drugs and Medicine agency requirement Dispensing fees, certain reductions 03-230 ...... 273 03-1 (Vetoed) ...... 325 Equalized net grand list information, 03-2 ...... 332 submission to Education Federally qualified health centers, Department pharmaceutical access revolving loan 03-174 ...... 44 program established Federal funds maximization plan 03-166...... 285 03-157 (Vetoed) ...... 120 Medical assistance programs, Health insurance continuation, funding reimbursement 03-3 ...... 249 03-3 June 30 SS ...... 436 Municipal revaluation implementation Nursing home pharmacists/physicians, violations, penalties established drug therapy collaborative agreements 03-269 ...... 102 03-164...... 285 Outdoor lighting system requirements, Services to long-term care residents, exceptions reimbursement permitted 03-113 (Vetoed) ...... 119 03-116...... 12 Personal services expenditure reduction required PLANNING AND ZONING 03-185 (Vetoed) ...... 342 Administrative appeal period specified 03-279 (Vetoed) ...... 352 03-144...... 257 03-1 June 30 SS ...... 419

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 549

SEBAC/state employee unions, contract DNA testing, post conviction modification offer procedure 03-185 (Vetoed) ...... 342 03-242 ...... 227 State agencies meeting, top 10 energy Out-of-state transfers, additional consumers inmates allowed 03-230...... 273 03-6 June 30 SS...... 464 State employee position refills, Somers prison, opening delay repealed requirements/restrictions 03-6 ...... 179 03-2 ...... 332 Telephone service pilot program, 03-6 June 30 SS ...... 464 delayed State-owned outdoor advertising locations, 03-106 ...... 205 licensure plan development 03-6 June 30 SS ...... 464 PRIVACY Tobacco settlement payments, See Confidentiality securitization 03-6 June 30 SS ...... 464 PROBATE COURTS UConn Health Center appropriations, See also Estates and Trusts transfers to DSS for federal funds Involuntary electroshock therapy maximization orders, requirements 03-3 June 30 SS ...... 436 03-31 ...... 196 Mentally retarded persons, POLLUTION terminology/technical changes See also Air Pollution; Noise Pollution; Water 03-51 ...... 279 Pollution Public health emergency quarantine Light, private area floodlight restrictions orders, appeals 03-210...... 323 03-236 ...... 292 Light, state installation requirements Sex offender name changes, Public 03-113 (Vetoed)...... 119 Safety Department notification 03-202 ...... 222 POWER PLANTS Small trust termination, ceiling value See Electric Utilities increased 03-183 ...... 218 PRIMARIES Transgender birth certificate decree Congressional convention delegates, issuance campaign finance law application 03-247 ...... 299 03-223...... 129 Youth in crisis pilot program, Convention delegate primaries, eliminated established 03-241...... 132 03-257 ...... 237 Election calendar modified 03-241...... 132 PROBATION Petitioning procedures, state/district Juvenile delinquent presentencing office candidate report, special education needs 03-241...... 132 included Polling place checkers, teenage 03-86 ...... 202 appointments 03-108...... 118 PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE PRISONS AND PRISONERS Quasi-public agency audit annual See also Correction, Department of reports, Alternative sentencing, DOC boot camp statutory compliance assessment option repealed 03-133 ...... 267 03-48...... 197 Correctional facilities statutory listing eliminated 03-106...... 205

2003 OLR PA Summary Book Part II 550 2003 INDEX BY SUBJECT

PROPERTY AND REAL ESTATE Credit against income tax, reduced See also Eminent Domain; State Property 03-1 (Vetoed) ...... 325 Contaminated property, assessment/ 03-185 (Vetoed) ...... 342 remediation Delinquent motor vehicle taxes, DMV 03-218...... 80 reporting fee Controlling interest transfer tax 03-185 (Vetoed) ...... 342 applicability Exemptions, 03-1 June 30 SS ...... 419 suspension/reimbursement Conveyance tax increase reductions 03-1 (Vetoed) ...... 325 03-6 June 30 SS...... 464 03-2 ...... 332 Farm building exemption authorized 03-185 (Vetoed) ...... 342 03-234 ...... 83 Conveyance tax, certain returns eliminated Hartland, assessments validated 03-107...... 95 03-256 ...... 263 Easements, certain conveyance tax returns 03-262 ...... 32 eliminated 03-269 ...... 102 03-107...... 95 Lake Chaffee Improvement Improved utility property disposal, Association, maximum valuation DPUC approval procedures/threshold 03-256 ...... 263 raised Leased automobiles, veteran/active 03-163...... 64 duty military exemption Kelda lands, law enforcement jurisdiction 03-269 ...... 102 clarified Manufacturing exemptions, conditional 03-218...... 80 deadline waiver authority for Land use commissions, administrative Bridgeport review schedule standardized 03-246 ...... 262 03-177...... 258 Manufacturing machinery/equipment, Surveyors'/geodetic markers, tampering exemption penalties established 03-1 (Vetoed) ...... 325 03-115...... 318 03-2 ...... 332 Transfer Act disclosure exemption, court Manufacturing machinery/equipment, appointed attorneys/bankruptcy trustees exemption scope narrowed 03-82...... 201 03-6 June 30 SS...... 464 Transfer Act modifications Manufacturing/commercial truck 03-218...... 80 exemptions, deadline waivers Trustee's deeds, statutory form established 03-269 ...... 102 03-75...... 201 Optional veterans' exemption, Unclaimed, rules/abandonment timeframes eligibility/benefits increase reduced 03-44 ...... 257 03-185 (Vetoed) ...... 342 Payment in lieu of taxes, Adriaen's 03-279 (Vetoed) ...... 352 Landing obligation 03-1 June 30 SS ...... 419 03-6 June 30 SS...... 464 Quasi-public agencies, application to PROPERTY TAX future acquisitions Amnesty program, troops in the 03-246 ...... 262 Middle East Warren, assessments validated 03-6 June 30 SS ...... 464 03-256 ...... 263 Charitable housing exemption established 03-262 ...... 32 03-270...... 105 03-269 ...... 102 Consumer collection agencies, bond/ insurance requirements PROTECTION AND ADVOCACY 03-262...... 32 FOR PERSONS WITH Consumer collection agencies, tax payment DISABILITIES OFFICE receipt authority Deaths of DMR clients, investigatory 03-262...... 32 responsibilities 03-146 ...... 268

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 551

Director powers enumerated Marital and family therapists, authority 03-88...... 147 03-252 ...... 300 Gynecological services for women with Marital/family therapists, disciplinary disabilities, recommendations authority clarified 03-40...... 277 03-118 ...... 283 Nursing home inspections, PUBLIC ACCOMMODATIONS requirements/prior disclosure Hotel/motel, guest smoking rooms prohibited restricted 03-92 ...... 11 03-45...... 277 Nursing/rest homes, temperature recommendations PUBLIC HEALTH, DEPARTMENT OF 03-272 ...... 305 Ambulance companies, financial statement Occupational therapist licensure by submission requirement modified endorsement 03-46...... 279 03-252 ...... 300 Annual report on executive and legislative Outpatient surgical facilities licensure actions repealed 03-274 ...... 305 03-252...... 300 Physical therapist licensure, continuing Appeals regarding local health director education requirements decisions, timeframe 03-209 ...... 289 03-252...... 300 Public health emergencies, out-of-state Asbestos abatement certification, responders licensure requirements fees/reciprocity suspended 03-87...... 282 03-236 ...... 292 Backflow prevention devices/cross- Public health emergency response plan connection surveys, certification development 03-252...... 300 03-236 ...... 292 Certain professions, limited alternative Radon measurement/mitigation, licensure established company listing 03-240...... 299 03-252 ...... 300 Community benefits program report, Retail food/catering/itenerate vending frequency/noncompliance penalty establishments, regulations 03-80...... 282 03-252 ...... 300 Death certificates, registration designation Veterinarians, licensure by during an emergency endorsement 03-236...... 292 03-252 ...... 300 Drug overdoses report requirement Water supply testing criteria, 03-159...... 284 modifications Emergency quarantine authority 03-252 ...... 300 03-236...... 292 Foreign birth certification, modifications PUBLIC SAFETY, DEPARTMENT 03-247...... 299 OF Gynecological services for women with Building rehabilitation subcode mental/physical disabilities, development recommendations 03-184 ...... 261 03-40...... 277 DNA testing, orders/data bank Immunization services, appropriations 03-242 ...... 227 authorized Hoisting equipment operators 03-6 June 30 SS ...... 464 regulation Licensees convicted of elder abuse, adoption disciplinary action 03-253 ...... 315 03-267...... 243 Homeland security matching funds Long-term acute care hospitals, 03-1 June 30 SS ...... 419 demonstration project authorization/ Police-sponsored athletic activity licensure waiver coach, criminal history record check 03-275...... 307 03-203 ...... 287

2003 OLR PA Summary Book Part II 552 2003 INDEX BY SUBJECT

Sex offender name changes, registry update Real property taxation, municipal required conditions established 03-202...... 222 03-246 ...... 262 Traffic stop reports, required submission 03-160...... 312 RADIO BROADCASTERS Amber Alert Program, broadcaster PUBLIC UTILITY CONTROL, DEPARTMENT immunity OF 03-111 ...... 208 Biomass gasification plant, DPUC jurisdiction exemption REAL ESTATE 03-163...... 64 See Property and Real Estate Consumer information/education program 03-135...... 50 REAL ESTATE BROKERS AND Electric competition study SALESMEN 03-135...... 50 Licensing examination requirements, Electric generation facilities, RFP issuance classroom study hours increased 03-135...... 50 03-14 ...... 155 Electric restructuring law changes Licensure, electronic courses permitted 03-135...... 50 03-39 ...... 155 Improved utility property disposal, approval Market analysis, compensation procedures permitted 03-163...... 64 03-101 ...... 160 Natural gas sellers, DPUC requirements/ Statutes, technical changes violation penalties 03-71 ...... 159 03-27...... 49 REAL ESTATE CONVEYANCE TAX PUBLIC WORKS, DEPARTMENT OF See Property and Real Estate Construction services award panels established RECORDS AND RECORDKEEPING 03-215...... 122 See also Birth Certificates Contractor disqualification criteria Capital felony court records, retention specified period modified 03-215...... 122 03-202 ...... 222 Energy performance contracting, pilot Criminal history checks, education program established supplemental service providers 03-132...... 267 03-6 June 30 SS...... 464 Energy use per square foot, calculation Criminal history, DMR applicants/ development contractors 03-230...... 273 03-203 ...... 287 Outdoor lighting pollution mitigation at DMV registration files, personal state buildings, waiver information release 03-113 (Vetoed)...... 119 03-265 ...... 238 Employee assistance records, QUARANTINE disclosure prohibited Public health emergencies, authority/ 03-187 ...... 287 procedure Insurance Department, confidentiality 03-236...... 292 of certain records 03-121 ...... 161 QUASI-PUBLIC AGENCIES Juvenile court records, defined/ See also specific agencies confidentiality Compliance audits, requirements/ 03-202 ...... 222 responsibility Municipal documents, off-site storage 03-133...... 267 permitted Financial audit contracts, contractor 03-139 ...... 120 restrictions 03-133...... 267

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 553

Personnel files, email/facsimile inclusion Unclaimed beverage container 03-5...... 250 deposits, distribution to DRS Physician/nursing home pharmacist 03-279 (Vetoed) ...... 352 drug therapy collaborative agreements, disclosure RETIREMENT AND PENSIONS 03-164...... 285 See also Teacher Retirement Publicly held companies, record Municipal employees, purchase of destruction/alteration prohibition MERF credits 03-259...... 24 03-138 ...... 250 Record retention rules, court files' State employee early retirement application incentive program 03-202...... 222 03-1 (Vetoed) ...... 325 Voter registration, registrar of voters duties 03-2 ...... 332 expanded/clarified State employee early retirement 03-204 (Vetoed)...... 121 incentive program, state contribution mandate RECREATION 03-6 June 30 SS...... 464 See Sports and Recreation REVENUE SERVICES, RECYCLING DEPARTMENT OF See Solid Waste Management Bankruptcy filers, assessment time period extended RESTAURANTS 03-225 ...... 98 Smoking ban extended Cigarette stock sale, tax certification 03-45...... 277 responsibilities Wine, removal for off-premises 03-225 ...... 98 consumption Electronic tax filing/payments, 03-228...... 113 modifications 03-225 ...... 98 RETAIL TRADE Legal representation, Attorney General "Connecticut Grown" designation delegation of authority 03-161...... 75 03-225 ...... 98 Alcoholic beverage sale in 100 ml bottles Nonresident contractor sales tax bond 03-235...... 113 requirements modified Consumer receipts, credit/debit account 03-147 ...... 96 number Sealed ticket permit, qualified 03-156...... 210 organizations Flower/plant retailers, access to poisonous 03-178 ...... 312 plants list Tobacco manufacturers, licensure 03-193...... 113 03-271 ...... 105 Food stores, smoking ban extended Unclaimed beverage container 03-45...... 277 deposits, receipt Gasoline dealers, free access to air 03-279 (Vetoed) ...... 352 compressor 03-194 (Vetoed)...... 323 SALES AND USE TAXES Gift certificates, expiration date prohibited "Sale for resale" affiliate exemption 03-1 June 30 SS ...... 419 disallowed Heating unit sales, required information 03-225 ...... 98 from buyer Advertising services, certain 03-172 (Vetoed)...... 112 exemptions Installment sales contacts, deferred payment eliminated requirements 03-1 (Vetoed) ...... 325 03-105...... 19 Advertising services/direct mail Liquor sales, hours extended advertising, 3% imposition 03-185 (Vetoed) ...... 342 03-2 ...... 332

2003 OLR PA Summary Book Part II 554 2003 INDEX BY SUBJECT

Clothing/footwear exemption reduced CAPT scores, student permanent 03-1 (Vetoed) ...... 325 record inclusion 03-2 ...... 332 03-174 ...... 44 Fishermen's exemptions, qualifications Connecticut Juvenile Training School relaxed operating standards 03-225...... 98 03-251 ...... 36 For-profit hospitals, exemption Construction projects, grants 03-6 June 30 SS ...... 464 authorized/bonds increased Hospital patient care services, eliminated 03-2 Sep 8 SS ...... 508 03-1 June 30 SS ...... 419 Criminal background checks, Hospital patient care services, supplemental service employees reinstatement 03-6 June 30 SS...... 464 delayed Diabetes, student glucose level self- 03-2 June 30 SS (Vetoed) ...... 436 testing permitted Modifications 03-211 ...... 289 03-1 (Vetoed) ...... 325 Education funding modifications 03-2 ...... 332 03-6 June 30 SS...... 464 03-185 (Vetoed) ...... 342 Homeless children, educational 03-279 (Vetoed) ...... 352 services 03-1 June 30 SS ...... 419 requirement Newspapers, exemption restored 03-6 June 30 SS...... 464 03-185 (Vetoed) ...... 342 In-service programs, ADHD/learning 03-279 (Vetoed) ...... 352 disabled child development 03-1 June 30 SS ...... 419 03-211 ...... 289 Newspapers/magazines collection Indoor air quality, 03-4...... 39 improvement/protection Newspapers/magazines/athletic clubs, 03-220 ...... 46 imposition Interdistrict school choice program 03-2 ...... 332 lottery, preferences No nexus sellers, use tax collection 03-168 ...... 42 03-1 June 30 SS ...... 419 Mastery tests, federal NCLB act Nonresident contractor bond requirements/ compliance customer holdback 03-168 ...... 42 03-147...... 96 Medical evaluation recommendations, Tax free week eliminated personnel/policies 03-1 June 30 SS ...... 419 03-211 ...... 289 Medication administration to students, SCHOOL PERSONNEL modifications See Schools and School Districts; Teachers 03-211 ...... 289 Paraprofessional employee payment SCHOOL TRANSPORTATION schedule, union negotiations Epinephrine possession, denial prohibited permitted 03-211...... 289 03-11 ...... 41 School choice transportation grants, Physical activity restriction, APRN modified orders 03-6 June 30 SS ...... 464 03-211 ...... 289 Priority, after-school program SCHOOLS AND SCHOOL DISTRICTS participation fees See also School Transportation; Students; 03-174 ...... 44 Teachers Private sector specialists use, "No nexus" children reimbursement claims, authorized timeframe 03-66 ...... 139 03-174...... 44 Psychotropic drug policies expanded/ Adult education reimbursement formula, clarified modifications 03-211 ...... 289 03-100...... 41

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 555

School Based Child Health Program grants, Second hand smoke in reduced workplaces/public buildings, 03-3 June 30 SS ...... 436 restrictions School readiness staff qualifications 03-45 ...... 277 03-6 June 30 SS ...... 464 Tobacco Settlement Funds, State/federally required exams, time of day disbursement to General Fund restriction 03-185 (Vetoed) ...... 342 03-174...... 44 03-279 (Vetoed) ...... 352 Tobacco Settlement Funds, SECRETARY OF THE STATE securitization Crime victim address confidentiality 03-6 June 30 SS...... 464 program established 03-200...... 219 SOCIAL SERVICES, DEPARTMENT Electronic voting machine demonstration OF project, permitted See also Child Support; Child Support 03-7...... 117 Enforcement Bureau Petitioning process, state/district offices Biometric identification system, 03-241...... 132 suspended Registrar of voters/poll workers, training 03-185 (Vetoed) ...... 342 03-204 (Vetoed)...... 121 Collection procedures, IV-D cases Statewide Student Voter Registration Drive 03-109 ...... 149 established Eviction prevention program, DSS loan 03-54...... 117 component eliminated Statewide voter registration system, 03-25 ...... 145 municipal submission deadline Federal waiver applications, legislative 03-117...... 119 oversight strengthened 03-165 (Vetoed) ...... 150 SECURITIES Federally qualified health centers, See Investments revolving loan applicant assistance SENTENCING 03-166 ...... 285 See Criminal Procedure Food stamp program eligibility determination, excess shelter SEWERS AND SEWAGE deduction calculation Municipal wastewater management 03-36 ...... 147 districts, allowed HUSKY A dental amendments, 03-6 June 30 SS ...... 464 submission requirements 03-155 ...... 150 SEXUAL ASSAULT HUSKY B cost sharing authorization, Victim identifying information, confidential modified record retention rules 03-3 June 30 SS...... 436 03-202...... 222 John S. Martinez Fatherhood Initiative, established SMALL BUSINESS 03-258 ...... 151 State health insurance plan participation Long-term acute care hospitals, 03-149...... 162 demonstration project authorization 03-275 ...... 307 SMOKING Medicaid recipient cost sharing See also Tobacco Products authority reinstated Dog tracks/OTB facilities, permitted until April 03-1 Sep 8 SS ...... 505 2004 Medicaid state plan, amendments 03-3 June 30 SS ...... 436 required Prohibition, bowling alley compliance 03-3 June 30 SS...... 436 postponed Medical Assistance Program Provider 03-235...... 113 Manual, dental delivery measures 03-155 ...... 150

2003 OLR PA Summary Book Part II 556 2003 INDEX BY SUBJECT

Nursing Home Drug Return Program, STATE AGENCIES drug list expansion See also specific state agencies 03-116...... 12 Affirmative action officers, annual Paternity establishment program, training requirement participation expanded 03-151 ...... 251 03-258...... 151 Agriculture and Consumer Protection Pathologist services, reimbursement Department, created requirement 03-6 June 30 SS...... 464 03-3 June 30 SS ...... 436 Appropriated funds transfer, federal Pharmacy/pharmacist services to long-term funds maximization care residents, reimbursement 03-185 (Vetoed) ...... 342 03-116...... 12 03-279 (Vetoed) ...... 352 Preferred drug list adoption required 03-1 June 30 SS ...... 419 03-1 (Vetoed) ...... 325 Appropriations, carryover provisions 03-2 ...... 332 03-185 (Vetoed) ...... 342 Rates/payments modifications, 03-279 (Vetoed) ...... 352 delay/effective date 03-1 June 30 SS ...... 419 03-2 June 30 SS (Vetoed) ...... 436 Certain agreements with Siting Council Required reports reduced/modified barred 03-268...... 153 03-263 ...... 90 TFA eligibility, burial fund/irrevocable CHRO/EEOC proceedings, affirmative funeral contract exclusion action officer role restriction 03-67 (Vetoed)...... 108 03-151 ...... 251 TFA eligibility, time limits clarified Contractor evaluation 03-28...... 145 requirement/annual construction status report SOLID WASTE MANAGEMENT 03-215 ...... 122 Crushed recycled glass, permitted uses Crime victim addresses, confidentiality enumerated program address substitution 03-65...... 67 03-200 ...... 219 Energy cost reduction reporting SPECIAL DISTRICTS 03-132 ...... 267 Lake Chaffee Improvement Association, Energy use calculation formula maximum valuation required 03-256...... 263 03-230 ...... 273 Taxing districts operating under 1839 Federal funds maximization directive special acts, electoral provision adoption 03-157 (Vetoed) ...... 120 03-256...... 263 Lawn sprinkler systems, rainfall sensor required SPECIAL EDUCATION 03-175 ...... 64 Federal IDEA conformance Long Island Sound permit approval 03-6 June 30 SS ...... 464 moratorium extended, electric/gas/telecommunications SPORTS AND RECREATION lines Bowling alley smoking ban compliance 03-148 ...... 74 postponed Personal services, refill limitations 03-235...... 113 03-185 (Vetoed) ...... 342 Police-sponsored athletic activity coach, 03-279 (Vetoed) ...... 352 criminal history record check 03-1 June 30 SS ...... 419 03-203...... 287 Personal services, refill/rehiring Snowmobile/ATV operation, landowner requirements permission 03-2 ...... 332 03-276...... 91 03-6 June 30 SS...... 464

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 557

STATE AID Robert F. Juliano Terminal Building, Adult education grants/aid, modifications designation changed 03-100...... 41 03-115 ...... 318 Certain grants, modified 03-6 June 30 SS ...... 464 STATE COMPTROLLER Education funding modified Community-technical colleges personal 03-6 June 30 SS ...... 464 services appropriations, deposits Federally qualified health centers, 03-69 ...... 139 revolving loan program established GAAP accounting deferred 03-166...... 285 03-185 (Vetoed) ...... 342 Information technology grant eligibility, GAAP accounting eliminated technology plan development/update 03-279 (Vetoed) ...... 352 frequency 03-174...... 44 STATE FUNDS Priority school district grants, gubernatorial Animal Population Control Fund modification prohibited payments, 03-1 (Vetoed) ...... 325 CT Humane Society exemption 03-2 ...... 332 03-198 ...... 79 School Based Child Health Program grants, Budget Reserve, maximum balance reduced increased 03-3 June 30 SS ...... 436 03-2 ...... 332 Town aid reduced Clean Energy, transfers to General 03-2 ...... 332 Fund Water quality projects, grant eligibility 03-185 (Vetoed) ...... 342 03-218...... 80 03-279 (Vetoed) ...... 352 Community Economic Development, STATE BUDGET business financing authority Adjustments FY03 expanded 03-1 (Vetoed) ...... 325 03-93 ...... 39 03-2 ...... 332 Community-Technical Colleges' Appropriations FYs04-05 Operating, appropriations 03-185 (Vetoed) ...... 342 deposits/transfers 03-279 (Vetoed) ...... 352 03-69 ...... 139 03-1 June 30 SS ...... 419 Connecticut Impact and Analysis Appropriations, July 1-July 14, 2003 Account, created 03-2 June 30 SS (Vetoed) ...... 436 03-6 June 30 SS...... 464 Budget Reserve Fund, maximum balance Criminal Injuries Compensation, increased restitution 03-2 ...... 332 revenue sources/deposits Governor's, line item state agency energy 03-189 ...... 218 cost breakdown required Educational Aid for the Blind and 03-132...... 267 Visually Handicapped Children Implementation Account, use 03-6 June 30 SS ...... 464 authorization 03-219 ...... 271 STATE BUILDINGS Energy Conservation and Load Emergency restoration, process/procedures Management, transfers modified 03-1 (Vetoed) ...... 325 03-215...... 122 03-2 ...... 332 Energy performance contracting, pilot 03-185 (Vetoed) ...... 342 program established 03-279 (Vetoed) ...... 352 03-132...... 267 03-6 June 30 SS...... 464 Outdoor lighting, pollution mitigation 03-1 Sep 8 SS ...... 505 requirements Newborn screening account established 03-113 (Vetoed)...... 119 03-3 June 30 SS...... 436

2003 OLR PA Summary Book Part II 558 2003 INDEX BY SUBJECT

Placement and Training Fund, transfer STATE OFFICERS AND authorized EMPLOYEES 03-3...... 249 See also Chief Court Administrator; Reserve for Salary Adjustment Account, Governor; Judges; Law funds transfer Enforcement Officers; State 03-3...... 249 Marshals; specific Constitutional Revenue estimates, certain state funds Officers 03-185 (Vetoed) ...... 342 Building Inspector, building Special Transportation, revenue reduced rehabilitation 03-185 (Vetoed) ...... 342 subcode development Special Transportation, revenue reduced/ 03-184 ...... 261 transfer to TSB Projects Account Contractor/state employee 03-1 June 30 SS ...... 419 communications, prohibitions Substance Abuse Revolving Loan, 03-215 ...... 122 DMHAS maximum loan amount Early retirement incentive program increased implementation 03-162...... 285 03-1 (Vetoed) ...... 325 Teachers' Retirement Service excess earnings 03-2 ...... 332 account, renamed Early retirement incentive program, 03-232...... 13 state contribution mandate Tobacco Settlement, securitization plan 03-6 June 30 SS...... 464 03-6 June 30 SS ...... 464 Immunity, public health emergencies Tourism Account eliminated 03-236 ...... 292 03-1 June 30 SS ...... 419 Insurance Department, outside expert Transfers/reductions use limited 03-1 (Vetoed) ...... 325 03-127 ...... 162 03-2 ...... 332 Layoffs, health insurance benefit 03-185 (Vetoed) ...... 342 continuation 03-279 (Vetoed) ...... 352 03-3 ...... 249 Transfers/revenue earmarks Marital/family therapists, job 03-1 June 30 SS ...... 419 classification series establishment Transportation Strategy Board projects 03-64 ...... 250 account, transfers prohibited Military duty activation, wages/benefit 03-4 June 30 SS ...... 456 continuation UConn Stadium Facility Enterprise, 03-3 ...... 249 accounting changes OPM, SEBAC/unions, contract 03-6 June 30 SS ...... 464 modification offers Underground Storage Tank Clean-Up, 03-185 (Vetoed) ...... 342 reimbursements suspended Positions, refill limitations 03-6 June 30 SS ...... 464 03-185 (Vetoed) ...... 342 03-279 (Vetoed) ...... 352 STATE MARSHALS 03-1 June 30 SS ...... 419 Audits, confidentiality Positions, refill/rehiring requirements 03-224...... 224 03-2 ...... 332 Collections, timeframe for delivery 03-6 June 30 SS...... 464 03-224...... 224 Professional counselors, job Custody transfers at courthouse lockup, classification capias orders series establishment 03-224...... 224 03-64 ...... 250 Service of process, recipients/timeframe/ State Marshals, dual job grandfathered fees increased 03-224 ...... 224 03-224...... 224 Unclassified, DOC obsolete positions State employees, dual job grandfathered eliminated 03-224...... 224 03-90 ...... 202

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 559

Volunteer fire/ambulance call responders, STATUTES leave authorization Education, minor revisions 03-249...... 254 03-174 ...... 44 Education, technical revision STATE PARKS AND FORESTS 03-76 ...... 41 West Rock Ridge State Park, property Environmental protection, acquisition technical revisions 03-131...... 69 03-123 ...... 69 03-276 ...... 91 STATE PROPERTY Insurance, minor/technical changes See also Property and Real Estate 03-199 ...... 178 Conveyances to CL&P Interpretation, plain meaning rule 03-6 June 30 SS ...... 464 adopted DOT land conveyance to Bethel 03-154 ...... 210 03-4 June 30 SS ...... 456 Public health revisions Leased, subletting authorized 03-252 ...... 300 03-6 June 30 SS ...... 464 Real estate, technical changes Non-govenmental lessee, property tax 03-71 ...... 159 assessment/collection Revision of 2003, adopted 03-269...... 102 03-10 ...... 179 Revisor's technical corrections STATE SYMBOLS 03-19 ...... 196 Fish, American shad (Alosa sapidissima) Technical revisions designation 03-278 ...... 246 03-41...... 117 Utilities, minor revisions State cantata, "Nutmeg" designation 03-163 ...... 64 03-63...... 118 State flagship/tall ship ambassador, Freedom STUDENTS Schooner Amistad designation CAPT scores, permanent record 03-20...... 117 inclusion 03-174 ...... 44 STATE TREASURER Diabetes, glucose level self-testing Community bank/credit union investment 03-211 ...... 289 authorized Higher education, measles/rubella 03-226...... 24 immunization proof exemption Economic recovery notes, authorized 03-13 ...... 139 03-1 Sep 8 SS ...... 505 Higher education, public college Energy securitization bond powers, reenrollment after active military expanded duty 03-1 Sep 8 SS ...... 505 03-33 ...... 309 Unclaimed property, powers/procedure Statewide voter registration drive 03-185 (Vetoed) ...... 342 established Unclaimed property, rules/timeframes 03-54 ...... 117 03-1 June 30 SS ...... 419 SUPERIOR COURTS STATE'S ATTORNEYS Attorney assistance program, Abuse of elderly/disabled/mentally creation/funding retarded, responsibilities 03-6 June 30 SS...... 464 03-267...... 243 Infraction surcharges increased 03-1 June 30 SS ...... 419 STATUTE OF LIMITATIONS Sentence Review Division hearings, Identity theft, civil damage actions victim statements 03-156...... 210 03-129 ...... 209 Sex offender name changes, DPS notification 03-202 ...... 222

2003 OLR PA Summary Book Part II 560 2003 INDEX BY SUBJECT

TAXATION Certificate issuance/renewal ban See also Corporation Business Tax; Income Tax; broadened, Oil and Gas; Property and Real Estate; Property criminal background Tax; Sales and Use Taxes 03-168 ...... 42 Cigarette inventory, successor liability Certification regulations, 03-225...... 98 implementation delayed Cigarette, increased 03-168 ...... 42 03-1 (Vetoed) ...... 325 Certification regulations, kindergarten 03-2 ...... 332 teacher endorsements Gift, phase-out delayed 03-6 June 30 SS...... 464 03-1 June 30 SS ...... 419 Durational shortage area permittees, Hotel occupancy, allocation collective bargaining unit 03-1 June 30 SS ...... 419 membership Inheritance, estates over $1 million 03-174 ...... 44 03-1 June 30 SS ...... 419 Elected union representative, TRS Inheritance/transfer, phase-out delayed credit 03-1 (Vetoed) ...... 325 03-232 ...... 13 Inheritance/transfer, phase-out Private sector specialists, supervision delays/decoupling 03-66 ...... 139 03-185 (Vetoed) ...... 342 Professional knowledge clinical 03-279 (Vetoed) ...... 352 assessment, satisfactory evaluation Lake Chaffee Improvement Association, deadline maximum valuation 03-174 ...... 44 03-256...... 263 Modifications TELECOMMUNICATIONS 03-6 June 30 SS ...... 464 See also Utilities Motor fuel refunds, restricted Long Island Sound permit moratorium 03-225...... 98 extended Payments, debit/charge card use 03-148 ...... 74 03-107...... 95 Regional emergency center employees, Roll-your-own tobacco products municipal health benefit eligibility 03-225...... 98 03-254 ...... 254 Satellite TV, 5% gross earnings Towers, agricultural land restrictions 03-185 (Vetoed) ...... 342 enumerated 03-279 (Vetoed) ...... 352 03-221 ...... 65 03-1 June 30 SS ...... 419 Succession, phase-out delayed TELEVISION 03-1 June 30 SS ...... 419 See also Cable Television; Utilities Amber Alert plan, broadcaster TEACHER RETIREMENT immunity Health coverage, contributions increased 03-111 ...... 208 03-232...... 13 Connecticut Television Network Reemployment benefits/TRS purchases funding earmarked 03-232...... 13 03-185 (Vetoed) ...... 342 Teachers' Retirement System, state 03-1 June 30 SS ...... 419 contributions 03-185 (Vetoed) ...... 342 TEMPORARY FAMILY 03-279 (Vetoed) ...... 352 ASSISTANCE 03-1 June 30 SS ...... 419 Eligibility, burial fund/irrevocable funeral contract exclusion TEACHERS 03-67 (Vetoed) ...... 108 Beginning teacher support and assessment Eligibility, guardians/family program, assessment modifications composition codified 03-174...... 44 03-3 June 30 SS...... 436

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 561

Technical changes, conformance with Metropolitan Transportation federal law Authority/Metro-North Commuter 03-28...... 145 Railroad boards, representation Transitioning child care benefits, eligibility agreement authorized increased 03-4 June 30 SS...... 456 03-2 ...... 332 Outdoor advertising sign permits, fees doubled TOBACCO PRODUCTS 03-115 ...... 318 See also Smoking Oversized mobile home transportation Cigarette tax increased permits, pilot program codified 03-1 (Vetoed) ...... 325 03-96 ...... 317 03-2 ...... 332 Project prioritization, report Cigarettes, unlawful delivery prohibitions 03-4 June 30 SS...... 456 enumerated Real estate conveyance to Bethel 03-271...... 105 03-4 June 30 SS...... 456 Taxation, roll-your-own products Rocky-Hill/Chester-Hadlyme ferry application commuter rates, increased 03-225...... 98 03-3 June 30 SS...... 436 Untaxed cigarettes inventory sale, Rocky-Hill/Chester-Hadlyme ferry successor liability commuter rates, discounts permitted 03-225...... 98 03-1 Sep 8 SS ...... 505 Untaxed cigarettes, warning requirements Surplus real property disposal, state 03-225...... 98 legislator notification 03-115 ...... 318 TOURISM Truck weigh station hours of operation See Economic Development 03-4 June 30 SS...... 456

TRAFFIC RULES AND REGULATIONS TRUCKS AND TRUCKING Caged trailers, caution sign required COMPANIES 03-115...... 318 Milk pickup tankers, maximum weight Outdoor advertising signs, permit increased fees/changeable message signs 03-190 ...... 322 authorized Property tax exemptions, filing 03-115...... 318 deadline waiver process State highway right-of-way, private 03-269 ...... 102 floodlighting restrictions Rental reservations, delivery 03-210...... 323 fulfillment Trailer measurement points clarified 03-245 ...... 114 03-115...... 318 Trailer measurement points clarified 03-115 ...... 318 TRANSPORTATION Weigh station hours of operation Projects, economic development plan 03-4 June 30 SS...... 456 required 03-4 June 30 SS ...... 456 TRUSTS Strategy Board recommendations/ See Estates and Trusts principles adopted UNIFORM AND MODEL LAWS 03-4 June 30 SS ...... 456 Uniform Securities Act, sanction look-back period/enforcement TRANSPORTATION, DEPARTMENT OF powers Allocations carry forward authorized 03-259 ...... 24 03-4 June 30 SS ...... 456 Large building construction, contract award UNIFORM COMMERCIAL CODE requirement Secured transactions Article 9, 03-215...... 122 modifications 03-62 ...... 197

2003 OLR PA Summary Book Part II 562 2003 INDEX BY SUBJECT

UNIVERSITY OF CONNECTICUT VOTERS AND VOTING See also Higher Education Absentee voting pilot program Ballard Institute and Museum of established Puppetry, State Museum of Puppetry 03-227 ...... 130 designation Centralized voter registration system 03-237...... 142 requirement 03-117 ...... 119 UTILITIES Election day registration, permitted See also Electric Utilities; Oil and Gas; 03-204 (Vetoed) ...... 121 Telecommunications; Television; Water and Help America Vote Act conformance Water Companies 03-6 June 30 SS...... 464 Improved property disposal, DPUC Machines, electronic demonstration approval procedures/threshold raised project 03-163...... 64 03-7 ...... 117 Shellfish beds impact, compensation Punch-card-type machines, prohibited 03-263...... 90 03-7 ...... 117 Statewide Student Voter Registration VETERANS Drive established Advocacy and Assistance Unit, membership 03-54 ...... 117 03-170...... 215 Automobile property tax exemption, WAGES extended to leased vehicles Education paraprofessional payment 03-269...... 102 schedule, union negotiations Optional property tax exemption, permitted eligibility/benefits increase 03-11 ...... 41 03-44...... 257 Overtime calculation, "variable rate" War service, definition/benefits eligibility use prohibited modified 03-239 ...... 253 03-85...... 309 State employees called to active military VETERINARY MEDICINE duty, wage benefits enumerated Foreign-educated veterinarians, alternate 03-3 ...... 249 certification recognition 03-252...... 300 WARRANTIES Myofascial trigger point therapy, licensure Motor vehicle extended warranty exemption contracts, requirements 03-277...... 92 03-50 ...... 317 Out of state veterinarians, licensure by endorsement WATER AND WATER COMPANIES 03-252...... 300 See also Utilities Unclaimed animals spay/neutering, liability Conservation, lawn sprinkler system exemption rainfall sensor requirements 03-137...... 72 03-175 ...... 64 Municipal wastewater management VICTIM ADVOCATE, OFFICE OF THE districts, allowed Duties, clarification 03-6 June 30 SS...... 464 03-179...... 217 Public health law exemptions, certain municipal utilities VICTIM SERVICES, OFFICE OF 03-175 ...... 64 Crime victim compensation, Public water supplies, diversion applications/awards notification/permit requirement 03-189...... 218 exemptions expanded 03-141 ...... 73 VICTIM'S RIGHTS See Crime Victims

2003 OLR PA Summary Book Part II 2003 INDEX BY SUBJECT 563

Service connection replacement/repair, Certain birds, killing authorized private water company responsibilities 03-192 ...... 75 03-175...... 64 Undesirable, DEP disposal authority Water company information, FOI disclosure 03-192 ...... 75 exemptions Wildlife conservation license plated 03-6 June 30 SS ...... 464 authorized Water Diversion Policy Act, certain 03-265 ...... 238 notice/comment provisions eliminated 03-141...... 73 WOMEN Water Planning Council, required Assault of a pregnant woman causing recommendations fetal death, class A felony 03-141...... 73 established Water supply testing fee criteria, 03-21 ...... 196 modifications Foreign protective orders, enforcement 03-252...... 300 03-98 ...... 203 Violence Against Women Act, WATER POLLUTION compliance Illegal discharge in state waters, 03-98 ...... 203 remediation 03-125...... 69 WORKERS' COMPENSATION Water quality projects, grant eligibility Connecticut Insurance Guaranty 03-218...... 80 Association Act, nonresident claim coverage WEAPONS 03-49 ...... 155 Non-resident armed services members, hunting permits WORKFORCE COMPETITIVENESS, 03-276...... 91 OFFICE OF Career Ladder Advisory Committee, WELFARE established See also Food Stamp Program; General 03-142 ...... 140 Assistance; Social Services, Department of; Temporary Family Assistance WORKFORCE DEVELOPMENT DSS federal waiver applications, legislative See Job Training oversight strengthened 03-165 (Vetoed)...... 150 SSP personal needs allowance, scheduled increase eliminated 03-1 (Vetoed) ...... 325 03-2 ...... 332

WETLANDS Commissions, administrative review schedule standardized 03-177...... 258 Regulated activities, DEP hearing/petition 03-276...... 91

WHISTLEBLOWING See Labor and Employment

WILDLIFE Administration of medicine, guidelines specified 03-192...... 75 Bald eagles, protections enumerated 03-192...... 75

2003 OLR PA Summary Book Part II

2003 INDEX BY PA NUMBER 565

03-1 (Vetoed) ...... 325 03-57...... 157 03-113 (Vetoed)...... 119 03-2 ...... 332 03-58...... 158 03-114...... 209 03-3...... 249 03-59...... 108 03-115...... 318 03-4...... 39 03-60...... 309 03-116...... 12 03-5...... 250 03-61...... 18 03-117...... 119 03-6...... 179 03-62...... 197 03-118...... 283 03-7...... 117 03-63...... 118 03-119...... 160 03-8...... 275 03-64...... 250 03-120...... 96 03-9...... 179 03-65...... 67 03-121...... 161 03-10...... 179 03-66...... 139 03-122...... 68 03-11...... 41 03-67 (Vetoed)...... 108 03-123...... 69 03-12...... 275 03-68...... 108 03-124...... 284 03-13...... 139 03-69...... 139 03-125...... 69 03-14...... 155 03-70...... 159 03-126...... 120 03-15...... 309 03-71...... 159 03-127...... 162 03-16...... 17 03-72...... 67 03-128...... 110 03-17...... 275 03-73...... 279 03-129...... 209 03-18...... 179 03-74...... 200 03-130...... 210 03-19...... 196 03-75...... 201 03-131...... 69 03-20...... 117 03-76...... 41 03-132...... 267 03-21...... 196 03-77...... 11 03-133...... 267 03-22...... 196 03-78...... 159 03-134...... 111 03-23...... 17 03-79...... 118 03-135...... 50 03-24...... 17 03-80...... 282 03-136...... 70 03-25...... 145 03-81...... 201 03-137...... 72 03-26...... 39 03-82...... 201 03-138...... 250 03-27...... 49 03-83...... 109 03-139...... 120 03-28...... 145 03-84...... 19 03-140...... 59 03-29...... 41 03-85...... 309 03-141...... 73 03-30...... 155 03-86...... 202 03-142...... 140 03-31...... 196 03-87...... 282 03-143...... 210 03-32...... 276 03-88...... 147 03-144...... 257 03-33...... 309 03-89...... 147 03-145...... 33 03-34...... 107 03-90...... 202 03-146...... 268 03-35...... 17 03-91...... 109 03-147...... 96 03-36...... 147 03-92...... 11 03-148...... 74 03-37...... 276 03-93...... 39 03-149...... 162 03-38...... 317 03-94...... 282 03-150...... 258 03-39...... 155 03-95...... 143 03-151...... 251 03-40...... 277 03-96...... 317 03-152...... 163 03-41...... 117 03-97...... 202 03-153...... 19 03-42...... 33 03-98...... 203 03-154...... 210 03-43...... 197 03-99...... 118 03-155...... 150 03-44...... 257 03-100...... 41 03-156...... 210 03-45...... 277 03-101...... 160 03-157 (Vetoed)...... 120 03-46...... 279 03-102...... 140 03-158...... 213 03-47...... 49 03-103...... 68 03-159...... 284 03-48...... 197 03-104...... 160 03-160...... 312 03-49...... 155 03-105...... 19 03-161...... 75 03-50...... 317 03-106...... 205 03-162...... 285 03-51...... 279 03-107...... 95 03-163...... 64 03-52...... 33 03-108...... 118 03-164...... 285 03-53...... 156 03-109...... 149 03-165 (Vetoed)...... 150 03-54...... 117 03-110...... 205 03-166...... 285 03-55...... 157 03-111...... 208 03-167...... 111 03-56...... 107 03-112...... 118 03-168...... 42

2003 OLR PA Summary Book Part II 566 2003 INDEX BY PA NUMBER

03-169...... 171 03-209...... 289 03-249...... 254 03-170...... 215 03-210...... 323 03-250...... 89 03-171...... 320 03-211...... 289 03-251...... 36 03-172 (Vetoed)...... 112 03-212...... 79 03-252...... 300 03-173...... 217 03-213...... 252 03-253...... 315 03-174...... 44 03-214...... 313 03-254...... 254 03-175...... 64 03-215...... 122 03-255...... 230 03-176...... 217 03-216...... 128 03-256...... 263 03-177...... 258 03-217...... 270 03-257...... 237 03-178...... 312 03-218...... 80 03-258...... 151 03-179...... 217 03-219...... 271 03-259...... 24 03-180...... 322 03-220...... 46 03-260...... 114 03-181...... 251 03-221...... 65 03-261...... 115 03-182...... 178 03-222...... 292 03-262...... 32 03-183...... 218 03-223...... 129 03-263...... 90 03-184...... 261 03-224...... 224 03-264...... 264 03-185 (Vetoed) ...... 342 03-225...... 98 03-265...... 238 03-186...... 75 03-226...... 24 03-266...... 302 03-187...... 287 03-227...... 130 03-267...... 243 03-188...... 287 03-228...... 113 03-268...... 153 03-189...... 218 03-229...... 132 03-269...... 102 03-190...... 322 03-230...... 273 03-270...... 105 03-191...... 313 03-231...... 313 03-271...... 105 03-192...... 75 03-232...... 13 03-272...... 305 03-193...... 113 03-233...... 226 03-273...... 245 03-194 (Vetoed)...... 323 03-234...... 83 03-274...... 305 03-195...... 218 03-235...... 113 03-275...... 307 03-196...... 20 03-236...... 292 03-276...... 91 03-197...... 39 03-237...... 142 03-277...... 92 03-198...... 79 03-238...... 227 03-278...... 246 03-199...... 178 03-239...... 253 03-279 (Vetoed) ...... 352 03-200...... 219 03-240...... 299 03-1 June 30 SS...... 419 03-201...... 221 03-241...... 132 03-2 June 30 SS 03-202...... 222 03-242...... 227 (Vetoed)...... 436 03-203...... 287 03-243...... 34 03-3 June 30 SS...... 436 03-204 (Vetoed)...... 121 03-244...... 83 03-4 June 30 SS...... 456 03-205...... 122 03-245...... 114 03-5 June 30 SS...... 463 03-206...... 33 03-246...... 262 03-6 June 30 SS...... 464 03-207...... 141 03-247...... 299 03-1 Sep 8 SS...... 505 03-208...... 223 03-248...... 89 03-2 Sep 8 SS...... 508

2003 OLR PA Summary Book Part II

2003 OLR PA Summary Book Part II