General Assembly Substitute Bill No. 6388
January Session, 2011 *_____HB06388FIN___042511____*
General Assembly
Substitute Bill No. 6388
January Session, 2011
*_____HB06388FIN___042511____*
AN ACT CONCERNING CERTAIN POWERS AND DUTIES OF THE OFFICE OF POLICY AND MANAGEMENT, THE GOVERNOR'S HORSE GUARDS, AND DIRECT DEPOSIT OF STATE EMPLOYEE PAYCHECKS, AND REPEALING STATUTES RELATING TO REHABILITATION PROGRAMS UNDER THE WORKERS' COMPENSATION ACT.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (a) of section 7-127d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is established a neighborhood youth center grant program [which] that shall be administered by the [Office of Policy and Management, except that operation of the program shall be suspended for the fiscal years ending June 30, 2004, and June 30, 2005] state Department of Education.
Sec. 2. Section 7-127e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [Office of Policy and Management] state Department of Education shall solicit competitive proposals under this program for the fiscal [years beginning July 1, 1996, and July 1, 1999] year beginning July 1, 2011, and every two years thereafter. [, except that no competitive proposals shall be solicited for the fiscal years ending June 30, 2004, and June 30, 2005.] The [Office of Policy and Management] state Department of Education shall notify the eligible agencies of the amount of funds provided for each city in accordance with section 7-127d, as amended by this act. Eligible agencies may file a grant application with the [Office of Policy and Management] state Department of Education on such form and at such time as [that office] the department may require.
(b) Grant funds made available for the provisions of sections 7-127d to 7-127g, inclusive, as amended by this act, shall not be used to supplant existing services. A minimum of twenty-five per cent of the total program costs for each neighborhood youth center program shall be supported with local funds or in-kind contributions which may include federal, local and private funds which support existing services.
(c) The [Office of Policy and Management] state Department of Education shall review all grant applications received and make the decisions concerning which applications shall be funded and at what funding levels. Criteria for such decisions shall include (1) documentation of need for the program through crime and poverty statistics for the neighborhood to be served; (2) responsiveness to program component requirements; (3) reasonableness of costs; (4) soundness of program plan; (5) experience of the applicant agency in providing youth recreational services; and (6) evidence of collaboration and coordination with other children's services providers in the neighborhood. The [Office of Policy and Management] state Department of Education shall convene and chair an advisory committee to assist in grant application review. Such committee shall include representatives of the [Office of Policy and Management] state Department of Education, the Judicial Department, and the Departments of Children and Families, [Education,] Public Health and Social Services.
(d) In order to be eligible to receive funds from the [Office of Policy and Management] state Department of Education for the Leadership, Education, Athletics in Partnership (LEAP) program, or the neighborhood youth centers program, an applicant must provide a match of at least fifty per cent of the grant amount. The cash portion of such match shall be at least twenty-five per cent of the grant amount.
Sec. 3. Section 12-63 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The present true and actual value of land classified as farm land pursuant to section 12-107c, as forest land pursuant to section 12-107d, as open space land pursuant to section 12-107e, or as maritime heritage land pursuant to section 12-107g shall be based upon its current use without regard to neighborhood land use of a more intensive nature, provided in no event shall the present true and actual value of open space land be less than it would be if such open space land comprised a part of a tract or tracts of land classified as farm land pursuant to section 12-107c. The present true and actual value of all other property shall be deemed by all assessors and boards of assessment appeals to be the fair market value thereof and not its value at a forced or auction sale.
(b) (1) For the purposes of this subsection, (A) "electronic data processing equipment" means computers, printers, peripheral computer equipment, bundled software and any computer-based equipment acting as a computer, as defined in Section 168 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended; (B) "leased personal property" means tangible personal property which is the subject of a written or oral lease or loan on the assessment date, or any such property which has been so leased or loaned by the then current owner of such property for three or more of the twelve months preceding such assessment date; and (C) "original selling price" means the price at which tangible personal property is most frequently sold in the year that it was manufactured.
(2) Any municipality may, by ordinance, adopt the provisions of this subsection to be applicable for the assessment year commencing October first of the assessment year in which a revaluation of all real property required pursuant to section 12-62 is performed in such municipality, and for each assessment year thereafter. If so adopted, the present true and actual value of tangible personal property, other than motor vehicles, shall be determined in accordance with the provisions of this subsection. If such property is purchased, its true and actual value shall be established in relation to the cost of its acquisition, including transportation and installation, and shall reflect depreciation in accordance with the schedules set forth in subdivisions (3) to (6), inclusive, of this subsection. If such property is developed and produced by the owner of such property for a purpose other than wholesale or retail sale or lease, its true and actual value shall be established in relation to its cost of development, production and installation and shall reflect depreciation in accordance with the schedules provided in subdivisions (3) to (6), inclusive, of this subsection. The provisions of this subsection shall not apply to property owned by a public service company, as defined in section 16-1.
(3) The following schedule of depreciation shall be applicable with respect to electronic data processing equipment:
(A) Group I: Computer and peripheral hardware, including, but not limited to, personal computers, workstations, terminals, storage devices, printers, scanners, computer peripherals and networking equipment:
T1 Depreciated Value
T2 As Percentage
T3 Assessment Year Of Acquisition
T4 Following Acquisition Cost Basis
T5 First year Seventy per cent
T6 Second year Forty per cent
T7 Third year Twenty per cent
T8 Fourth year and thereafter Ten per cent
T1
Depreciated Value
T2
As Percentage
T3
Assessment Year
Of Acquisition
T4
Following Acquisition
Cost Basis
T5
First year
Seventy per cent
T6
Second year
Forty per cent
T7
Third year
Twenty per cent
T8
Fourth year and thereafter
Ten per cent
(B) Group II: Other hardware, including, but not limited to, mini-frame and main-frame systems with an acquisition cost of more than twenty-five thousand dollars:
T9 Depreciated Value
T10 As Percentage
T11 Assessment Year Of Acquisition
T12 Following Acquisition Cost Basis
T13 First year Ninety per cent
T14 Second year Sixty per cent
T15 Third year Forty per cent
T16 Fourth year Twenty per cent
T17 Fifth year and thereafter Ten per cent
T9
Depreciated Value
T10
As Percentage
T11
Assessment Year
Of Acquisition
T12
Following Acquisition
Cost Basis
T13
First year
Ninety per cent
T14
Second year
Sixty per cent
T15
Third year
Forty per cent
T16
Fourth year
Twenty per cent
T17
Fifth year and thereafter
Ten per cent
(4) The following schedule of depreciation shall be applicable with respect to copiers, facsimile machines, medical testing equipment, and any similar type of equipment that is not specifically defined as electronic data processing equipment, but is considered by the assessor to be technologically advanced:
T18 Depreciated Value
T19 As Percentage
T20 Assessment Year Of Acquisition
T21 Following Acquisition Cost Basis
T22 First year Ninety-five per cent
T23 Second year Eighty per cent
T24 Third year Sixty per cent
T25 Fourth year Forty per cent
T26 Fifth year and thereafter Twenty per cent
T18
Depreciated Value
T19
As Percentage
T20
Assessment Year
Of Acquisition
T21
Following Acquisition
Cost Basis
T22
First year
Ninety-five per cent
T23
Second year
Eighty per cent
T24
Third year
Sixty per cent
T25
Fourth year
Forty per cent
T26
Fifth year and thereafter
Twenty per cent
(5) The following schedule of depreciation shall be applicable with respect to machinery and equipment used in the manufacturing process:
T27 Depreciated Value
T28 As Percentage
T29 Assessment Year Of Acquisition
T30 Following Acquisition Cost Basis
T31 First year Ninety per cent
T32 Second year Eighty per cent
T33 Third year Seventy per cent
T34 Fourth year Sixty per cent
T35 Fifth year Fifty per cent
T36 Sixth year Forty per cent
T37 Seventh year Thirty per cent
T38 Eighth year and thereafter Twenty per cent
T27
Depreciated Value
T28
As Percentage
T29
Assessment Year
Of Acquisition
T30
Following Acquisition
Cost Basis
T31
First year
Ninety per cent
T32
Second year
Eighty per cent
T33
Third year
Seventy per cent
T34
Fourth year
Sixty per cent
T35
Fifth year
Fifty per cent
T36
Sixth year
Forty per cent
T37
Seventh year
Thirty per cent
T38
Eighth year and thereafter
Twenty per cent
(6) The following schedule of depreciation shall be applicable with respect to all tangible personal property other than that described in subdivisions (3) to (5), inclusive, of this subsection:
T39 Depreciated Value
T40 As Percentage
T41 Assessment Year Of Acquisition
T42 Following Acquisition Cost Basis
T43 First year Ninety-five per cent
T44 Second year Ninety per cent
T45 Third year Eighty per cent
T46 Fourth year Seventy per cent
T47 Fifth year Sixty per cent
T48 Sixth year Fifty per cent
T49 Seventh year Forty per cent
T50 Eighth year and thereafter Thirty per cent
T39
Depreciated Value
T40
As Percentage
T41
Assessment Year
Of Acquisition
T42
Following Acquisition
Cost Basis
T43
First year
Ninety-five per cent
T44
Second year
Ninety per cent
T45
Third year
Eighty per cent
T46
Fourth year
Seventy per cent
T47
Fifth year
Sixty per cent
T48
Sixth year
Fifty per cent
T49
Seventh year
Forty per cent
T50
Eighth year and thereafter
Thirty per cent
(7) The present true and actual value of leased personal property shall be determined in accordance with the provisions of this subdivision. Such value for any assessment year shall be established in relation to the original selling price for self-manufactured property or acquisition cost for acquired property and shall reflect depreciation in accordance with the schedules provided in subdivisions (3) to (6), inclusive, of this subsection. If the assessor is unable to determine the original selling price of leased personal property, the present true and actual value thereof shall be its current selling price.
(8) With respect to any personal property which is prohibited by law from being sold, the present true and actual value of such property shall be established with respect to such property's original manufactured cost increased by a ratio the numerator of which is the total proceeds from the manufacturer's salable equipment sold and the denominator of which is the total cost of the manufacturer's salable equipment sold. Such value shall then be depreciated in accordance with the appropriate schedule in this subsection.
(9) The schedules of depreciation set forth in subdivisions (3) to (6), inclusive, of this subsection shall not be used with respect to videotapes, horses or other taxable livestock or electric cogenerating equipment.
(10) If the assessor determines that the value of any item of personal property produced by the application of the schedules set forth in this subsection does not accurately reflect the present true and actual value of such item, the assessor shall adjust such value to reflect the present true and actual value of such item.
(11) Nothing in this subsection shall prevent any taxpayer from appealing any assessment made pursuant to this subsection if such assessment does not accurately reflect the present true and actual value of any item of such taxpayer's personal property.
[(c) (1) For the assessment years commencing October 1, 2006, October 1, 2007, October 1, 2008, October 1, 2009, October 1, 2010, and October 1, 2011, the annual declaration of tangible personal property that a taxpayer files with the assessor of the town, shall be accompanied by a supplement to said declaration on which the taxpayer shall provide the following information for machinery and equipment eligible for a grant pursuant to section 12-94b or 12-94f: (A) The assessment year during which such property was acquired and installed; (B) the original cost of acquisition for such property, including charges for such property's transportation and installation; (C) the value of such property depreciated in accordance with the schedule provided by the assessor; (D) the total of the original cost of acquisition for all such property; and (E) the total depreciated value of such property for all such property. The assessor shall provide a declaration of tangible personal property, together with such supplement, to the owner of each manufacturing facility, as defined in subparagraph (A) of subdivision (72) of section 12-81, and to the owner of each facility engaged in biotechnology, as defined in said subparagraph.
(2) For the assessment years commencing October 1, 2006, October 1, 2007, October 1, 2008, October 1, 2009, October 1, 2010, and October 1, 2011, the assessor of each town shall determine the depreciated value of machinery and equipment, for the purposes of this section, section 12-94b and section 12-94f, in accordance with the method said assessor used to determine the depreciated value of the same or similar machinery and equipment for the assessment year commencing October 1, 2005. The supplement to the declaration of tangible personal property the assessor provides, pursuant to subdivision (1) of this subsection, for the assessment year commencing October 1, 2006, shall not reflect an alteration of the depreciation schedule that would result in an assessment increase for any such property, over the assessment of such property for the assessment year commencing October 1, 2005, and the supplement to such declaration the assessor provides for the assessment years commencing October 1, 2007, October 1, 2008, October 1, 2009, October 1, 2010, and October 1, 2011, shall not reflect an alteration of the depreciation schedule that would result in an assessment increase for any such property, over the assessment of such property for the preceding assessment year.]
Sec. 4. Subdivision (72) of section 12-81 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(72) (A) Effective for assessment years commencing on or after October 1, 2002, but prior to assessment years commencing on or after October 1, 2011, new machinery and equipment, as defined in this subdivision, acquired after October 1, 1990, and prior to October 1, 2011, and newly-acquired machinery and equipment, as defined in this subdivision, acquired on or after July 1, 1992, and prior to October 1, 2011, by the person claiming exemption under this subdivision, provided this exemption shall only be applicable in the five full assessment years following the assessment year in which such machinery or equipment is acquired, subject to the provisions of subparagraph (B) of this subdivision. Machinery and equipment acquired on or after July 1, 1996, and prior to October 1, 2011, and used in connection with biotechnology shall qualify for the exemption under this subdivision. Machinery and equipment acquired on or after July 1, 2006, and used in connection with recycling shall qualify for the exemption under this subdivision. For the purposes of this subdivision: (i) "Machinery" and "equipment" means tangible personal property which is installed in a manufacturing facility and claimed on the owner's federal income tax return as either five-year property or seven-year property, as those terms are defined in Section 168(e) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, and the predominant use of which is for manufacturing, processing or fabricating; for research and development, including experimental or laboratory research and development, design or engineering directly related to manufacturing; for the significant servicing, overhauling or rebuilding of machinery and equipment for industrial use or the significant overhauling or rebuilding of other products on a factory basis; for measuring or testing or for metal finishing; or used in the production of motion pictures, video and sound recordings. "Machinery" means the basic machine itself, including all of its component parts and contrivances such as belts, pulleys, shafts, moving parts, operating structures and all equipment or devices used or required to control, regulate or operate the machinery, including, without limitation, computers and data processing equipment, together with all replacement and repair parts therefor, whether purchased separately or in conjunction with a complete machine, and regardless of whether the machine or component parts thereof are assembled by the taxpayer or another party. "Equipment" means any device separate from machinery but essential to a manufacturing, processing or fabricating process. (ii) "Manufacturing facility" means that portion of a plant, building or other real property improvement used for manufacturing, processing or fabricating, for research and development, including experimental or laboratory research and development, design or engineering directly related to manufacturing, for the significant servicing, overhauling or rebuilding of machinery and equipment for industrial use or the significant overhauling or rebuilding of other products on a factory basis, for measuring or testing or for metal finishing. (iii) "Manufacturing" means the activity of converting or conditioning tangible personal property by changing the form, composition, quality or character of the property for ultimate sale at retail or use in the manufacturing of a product to be ultimately sold at retail. Changing the quality of property shall include any substantial overhaul of the property that results in a significantly greater service life than such property would have had in the absence of such overhaul or with significantly greater functionality within the original service life of the property, beyond merely restoring the original functionality for the balance of the original service life. (iv) "Fabricating" means to make, build, create, produce or assemble components or tangible personal property work in a new or different manner, but does not include the presorting, sorting, coding, folding, stuffing or delivery of direct or indirect mail distribution services. (v) "Processing" means the physical application of the materials and labor in a manufacturing process necessary to modify or change the characteristics of tangible personal property. (vi) "Measuring or testing" includes both nondestructive and destructive measuring or testing, and the alignment and calibration of machinery, equipment and tools, in the furtherance of the manufacturing, processing or fabricating of tangible personal property. (vii) "Biotechnology" means the application of technologies, including recombinant DNA techniques, biochemistry, molecular and cellular biology, genetics and genetic engineering, biological cell fusion techniques, and new bioprocesses, using living organisms, or parts of organisms, to produce or modify products, to improve plants or animals, to develop microorganisms for specific uses, to identify targets for small molecule pharmaceutical development, or to transform biological systems into useful processes and products. (viii) "Recycling" means the processing of solid waste to reclaim material, as defined in section 22a-260;
(B) Any person who on October first in any year holds title to machinery and equipment for which such person desires to claim the exemption provided in this subdivision shall file with the assessor or board of assessors in the municipality in which the machinery or equipment is located, on or before the first day of November in such year, a list of such machinery or equipment together with written application claiming such exemption. [on a form prescribed by the Secretary of the Office of Policy and Management.] Such application shall include the taxpayer identification number assigned to the claimant by the Commissioner of Revenue Services and the federal employer identification number assigned to the claimant by the Secretary of the Treasury. If title to such equipment is held by a person other than the person claiming the exemption, the claimant shall include on such person's application information as to the portion of the total acquisition cost incurred by such person, and on or before the first day of November in such year, the person holding title to such machinery and equipment shall file a list of such machinery with the assessor of the municipality in which the manufacturing facility of the claimant is located. Such person shall include on the list information as to the portion of the total acquisition cost incurred by such person. Commercial or financial information in any application or list filed under this section shall not be open for public inspection, provided such information is given in confidence and is not available to the public from any other source. The provisions of this subdivision regarding the filing of lists and information shall not supersede the requirements to file tax lists under sections 12-41, 12-42 and 12-57a. In substantiation of such claim, the claimant and the person holding title to machinery and equipment for which exemption is claimed shall present to the assessor or board of assessors such supporting documentation as said secretary may require, including, but not limited to, invoices, bills of sale, contracts for lease and bills of lading and shall, upon request, present to the secretary or the secretary's designee a copy of each applicable federal income tax return and accompanying schedules. In lieu of submitting each applicable federal income tax return and accompanying schedules, a claimant and person holding title to machinery and equipment for which an exemption is claimed may, upon approval of said secretary, submit copies of applicable schedules accompanied by a sworn affidavit stating that such schedules were filed as part of such claimant's or person's federal income tax return. Failure to file such application in this manner and form within the time limit prescribed shall constitute a waiver of the right to such exemption for such assessment year, unless an extension of time is allowed pursuant to section 12-81k. If title to exempt machinery is conveyed subsequent to October first in any assessment year, entitlement to such exemption shall terminate for the next assessment year and there shall be no pro rata application of the exemption unless such machinery or equipment continues to be leased by the manufacturer who claimed and was approved for the exemption in the previous assessment year. Machinery or equipment shall not be eligible for exemption upon transfer from a seller to a related business or from a lessor to a lessee except to the extent it would have been eligible for exemption by the seller or the lessor, as the case may be. For the purposes of this subdivision, "related business" means: (i) A corporation, limited liability company, partnership, association or trust controlled by the taxpayer; (ii) an individual, corporation, limited liability company, partnership, association or trust that is in control of the taxpayer; (iii) a corporation, limited liability company, partnership, association or trust controlled by an individual, corporation, limited liability company, partnership, association or trust that is in control of the taxpayer; or (iv) a member of the same controlled group as the taxpayer. For purposes of this subdivision, "control", with respect to a corporation, means ownership, directly or indirectly, of stock possessing fifty per cent or more of the total combined voting power of all classes of the stock of such corporation entitled to vote. "Control", with respect to a trust, means ownership, directly or indirectly, of fifty per cent or more of the beneficial interest in the principal or income of such trust. The ownership of stock in a corporation, of a capital or profits interest in a partnership or association or of a beneficial interest in a trust shall be determined in accordance with the rules for constructive ownership of stock provided in Section 267(c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, other than paragraph (3) of said Section 267(c);
(C) Any person claiming the exemption provided under this subdivision for machinery or equipment shall not be eligible to claim the exemption provided under subdivision (60) of this section or subdivision (70) of this section for the same machinery or equipment. The state and the municipality and district shall hold a security interest, as defined in subdivision (35) of subsection (b) of section 42a-1-201, in any machinery or equipment which is exempt from taxation pursuant to this subdivision, in an amount equal to the tax revenue reimbursed or lost, as the case may be, which shall be subordinate to any purchase money security interest, as defined in section 42a-9-103a. Such security interest shall be enforceable against the claimant for a period of five years after the last assessment year in which such exemption was received in any case in which such person ceases all manufacturing or biotechnology operations or moves such manufacturing or biotechnology operations entirely out of this state. Any assessor who has granted an exemption under this subdivision shall provide written notification to the secretary of the cessation of such operations or the move of such operations entirely out of this state. Such notification may be made at any time after the October first of the last assessment year in which such exemption is granted and before the September thirtieth that is five years after the conclusion of said assessment year. Upon receiving such notification and complying with the provisions of section 12-35a, the state shall have a lien upon the machinery or equipment situated in this state and owned by the person that ceased all business operations or moved such operations entirely out of this state. Notwithstanding the provisions of section 12-35a, the total amount of the reimbursement made by the state for the property tax exemptions granted to the person under the provisions of this subdivision, shall be deemed to be the amount of the tax which such person failed to pay. Notwithstanding said section 12-35a, the information required to be included in the notice of lien for such tax shall be as follows: (i) The owner of the property upon which the lien is claimed, (ii) the business address or residence address of such owner, (iii) the specific property claimed to be subject to such lien, (iv) the location of such property at the time it was last made tax-exempt pursuant to this subdivision, (v) the total amount of the reimbursement made by the state for the property tax exemptions granted to such owner under the provisions of this subdivision, and (vi) the tax period or periods for which such lien is claimed. If more than one agency of the state perfects such a notice of lien on the same day, the priority of such liens shall be determined by the time of day such liens were perfected, and if perfected at the same time, the lien for the highest amount shall have priority. In addition to the other remedies provided in this subdivision, the Attorney General, upon request of the secretary, may bring a civil action in a court of competent jurisdiction to recover the amount of tax revenue reimbursed by the state from any person who received an exemption under this subdivision. The following shall not be eligible for the exemption provided under this subdivision: (I) A public service company, as defined in section 16-1; and (II) any provider, directly or indirectly, of electricity, oil, water or gas;
(D) A claim for property tax exemption under this subdivision may be denied by the assessor or board of assessors of a town, consolidated town and city or consolidated town and borough, with the consent of the chief executive officer thereof, if the claimant is delinquent in a property tax payment to such town, consolidated town and city or consolidated town and borough, pursuant to section 12-146, for property owned by such claimant. Before any such claim is denied, the assessor or board of assessors shall send written notice to the claimant, stating that the claimant may pay the amount of such delinquent tax or enter into an agreement with such town, consolidated town and city or consolidated town and borough for the payment thereof, by the date set forth in such notice, provided, such date shall not be less than thirty days after the date of such notice. Failure on the part of the claimant to pay the amount of the delinquent tax or enter into an agreement to pay the amount thereof by said date shall result in a disallowance of the exemption being claimed;
[(E) The secretary, in the secretary's discretion, may deny any claim for exemption under the provisions of this subdivision for new machinery and equipment by a claimant who is delinquent in the payment of corporation business tax imposed under chapter 208, as reported on the list provided by the Commissioner of Revenue Services pursuant to subsection (b) of section 12-7a and who qualified for exemption under this subdivision in the preceding year. On or before September first annually, commencing September 1, 1998, the secretary shall send a written notice to any claimant identified on said list and to the assessor of the town in which the property is subject to taxation, stating that the property tax exemption allowed by this subdivision for the assessment date following the date on which such notice is sent, shall be denied by the assessor of the town in which the property of the taxpayer is subject to taxation unless the taxpayer provides written documentation from the Department of Revenue Services that the delinquency has been cleared. Such written documentation shall substantiate that the delinquency was cleared on or before the statutory date for the filing of an application for exemption under this subdivision, provided, if a taxpayer receives an extension of the filing date pursuant to section 12-81k, the date by which the taxpayer shall be required to clear such tax delinquency shall be extended for a like period of time. No assessor shall approve an application for the exemption under this subdivision that is not accompanied by the written documentation required from a claimant who was sent a notification by the Secretary of the Office of Policy and Management;]
Sec. 5. Section 27-7 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The first [and second companies] company of the Governor's Horse [Guards] Guard may [each] consist of one major, one captain, two first lieutenants, two second lieutenants, one cornet with the rank of second lieutenant, one master sergeant, one first sergeant, two staff sergeants, twelve sergeants, twelve corporals, thirty-two privates first class and sixty-four privates.
Sec. 6. Section 27-15 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The Governor shall appoint the military staff that shall consist of the Adjutant General, who shall be chief of staff with the rank of lieutenant general; the assistant adjutant generals, one of whom shall serve as deputy chief of staff as provided under subsection (c) of section 27-24; the chief of staff for the Connecticut Air National Guard; an air aide-de-camp with the rank of colonel, who shall be the senior aviation officer of the Connecticut National Guard; a Surgeon General, who shall be the senior medical officer of the National Guard; one aide-de-camp with the rank of colonel from the United States Air Force Reserve; one aide-de-camp with the rank of captain from the United States Naval Reserve; one aide-de-camp with the rank of colonel from the United States Marine Corps Reserve; one aide-de-camp with the rank of colonel from the United States Army Reserve; one aide-de-camp with the rank of lieutenant commander from the United States Coast Guard Reserve; five aides-de-camp, two with the rank of colonel, two with the rank of lieutenant colonel and one with the rank of major, all of whom shall be from the National Guard; and two enlisted aides-de-camp with the rank of sergeant major from the National Guard. Members appointed from the armed forces of the state shall retain their federal or state grades and shall remain subject to duty therein and, if appointed to such staff in a rank lower than the highest grade attained in federal or state service, shall serve on the staff in their highest recognized grade. Any requirement of this section that any member of the Governor's military staff shall be a member of, or hold any rank in, the National Guard shall be inapplicable whenever the National Guard is in active service with the Army, Navy or Air Force of the United States and at such time the military staff of the Governor may be appointed by the Governor from the organized or unorganized militia, ex-members of the United States Army or Navy or the Connecticut National Guard, or from civil life; and in addition to the active military staff the Governor may, at said Governor's discretion, appoint honorary staff members from the former National Guard or naval militia then on active military duty. The Governor, at any other time, may appoint honorary staff members to the Connecticut National Guard without regard to affiliation who shall serve without the pay, honors, privileges and benefits afforded the active staff members, including, but not limited to, allowances and tuition waivers. The majors commandant of the first and second companies Governor's Foot Guards and the Governor's Horse [Guards] Guard shall be ex-officio members of the Governor's military staff. The Governor shall also appoint the immediate predecessors of such majors commandant to serve as additional ex-officio members. In addition to the above-named officers, the Governor shall appoint three additional staff members, one of whom shall be a colonel or of equivalent naval rank and two of whom shall be majors or of equivalent naval rank.
Sec. 7. Subsection (a) of section 31-71b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) [Each] (1) Except as provided in subdivision (2) of this subsection, each employer, [by himself, his] or the agent or representative of an employer, shall pay weekly all moneys due each employee on a regular pay day, designated in advance by the employer, in cash, by negotiable checks or, upon an employee's written request, by credit to such employee's account in any bank [which] that has agreed with the employer to accept such wage deposits.
(2) The Comptroller shall pay all wages due each state employee, as defined in section 5-196, by credit to such employee's account in any bank that has agreed with the Comptroller to accept such wage deposits.
Sec. 8. Subsection (c) of section 32-601 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(c) (1) The board of directors shall annually elect one of its members as vice-chairperson and shall elect other of its members as officers, adopt a budget and bylaws, designate an executive committee, report semiannually to the appointing authorities with respect to operations, finances and achievement of its economic development objectives, be accountable to and cooperate with the state whenever, pursuant to the provisions of sections 32-600 to 32-611, inclusive, as amended by this act, the state may audit the authority or any project of the authority, as defined in section 32-600, or at any other time as the state may inquire as to either, including allowing the state reasonable access to any such project and to the records of the authority and exercise the powers set forth in section 32-602, as amended by this act.
(2) The authority shall have an executive director [, who shall be a member of the staff of the Office of Policy and Management and shall act as project comptroller pursuant to subparagraph (A) of subdivision (1) of section 32-655a. The executive director] who shall be appointed by the board of directors and shall be the chief administrative officer of the authority. The executive director shall not be a member of the board of directors and shall be exempt from classified service.
(3) Members of the board of directors shall receive no compensation for the performance of their duties hereunder but shall be reimbursed for all expenses reasonably incurred in the performance thereof.
Sec. 9. Subsection (e) of section 32-602 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(e) The authority and the Secretary of the Office of Policy and Management may enter into a memorandum of understanding pursuant to which: (1) All administrative support and services, including all staff support, necessary for the operations of the authority are provided by the Office of Policy and Management, [on and after July 1, 2010, and provision is made for continuity of credited service in the state employee retirement system for any employees of the authority hired by the Office of Policy and Management,] (2) the Office of Policy and Management is authorized to administer contracts and accounts of the authority, and (3) provision is made for the coordination of management and operational activities at the convention center facilities and the stadium facility, that may include: (A) Provision for joint procurement and contracting, (B) the sharing of services and resources, (C) the coordination of promotional and booking activities, and (D) other arrangements designed to enhance facility utilization and revenues, reduce operating costs or achieve operating efficiencies. The terms and conditions of such memorandum of understanding, including provisions with respect to the reimbursement by the authority to the Office of Policy and Management of the costs of such administrative support and services, shall be as the authority and the Secretary of the Office of Policy and Management determine to be appropriate.
Sec. 10. (NEW) (Effective July 1, 2011) The Office of Policy and Management shall (1) develop and implement an integrated set of policies governing the use of information and telecommunications systems for state agencies, and (2) develop a series of comprehensive standards and planning guidelines pertaining to the development, acquisition, implementation, oversight and management of information and telecommunication systems for state agencies.
Sec. 11. Sections 12-94b, 12-94c, 12-94f and 12-94g of the general statutes are repealed. (Effective July 1, 2011, and applicable to assessment years commencing on or after October 1, 2011)
Sec. 12. Sections 13b-39h, 15-155, 15-155d, 15-155e, 31-283a and 32-9s of the general statutes are repealed. (Effective July 1, 2011)
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2011 7-127d(a)
Sec. 2 July 1, 2011 7-127e
Sec. 3 July 1, 2011 12-63
Sec. 4 July 1, 2011 12-81(72)
Sec. 5 July 1, 2011 27-7
Sec. 6 July 1, 2011 27-15
Sec. 7 July 1, 2011 31-71b(a)
Sec. 8 July 1, 2011 32-601(c)
Sec. 9 July 1, 2011 32-602(e)
Sec. 10 July 1, 2011 New section
Sec. 11 July 1, 2011, and applicable to assessment years commencing on or after October 1, 2011 Repealer section
Sec. 12 July 1, 2011 Repealer section
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2011
7-127d(a)
Sec. 2
July 1, 2011
7-127e
Sec. 3
July 1, 2011
12-63
Sec. 4
July 1, 2011
12-81(72)
Sec. 5
July 1, 2011
27-7
Sec. 6
July 1, 2011
27-15
Sec. 7
July 1, 2011
31-71b(a)
Sec. 8
July 1, 2011
32-601(c)
Sec. 9
July 1, 2011
32-602(e)
Sec. 10
July 1, 2011
New section
Sec. 11
July 1, 2011, and applicable to assessment years commencing on or after October 1, 2011
Repealer section
Sec. 12
July 1, 2011
Repealer section
FIN Joint Favorable Subst.
FIN
Joint Favorable Subst.