General Assembly Substitute Bill No. 1072
January Session, 2013 *_____SB01072GL____042413____*
General Assembly
Substitute Bill No. 1072
January Session, 2013
*_____SB01072GL____042413____*
AN ACT CONCERNING THE GAMING POLICY BOARD.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 21a-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There shall be a Department of Consumer Protection which shall be under the direction and supervision of a Commissioner of Consumer Protection, who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive.
(b) The Department of Consumer Protection shall constitute a successor agency, in accordance with the provisions of sections 4-38d and 4-39, to the Department of Public Safety with respect to all functions, powers and duties of the Department of Public Safety under chapter 532. Where any order or regulation of said departments conflict, the Commissioner of Consumer Protection may implement policies and procedures consistent with the provisions of chapter 532 while in the process of adopting the policy or procedure in regulation form, provided notice of intention to adopt regulations is printed in the Connecticut Law Journal within twenty days of implementation. The policy or procedure shall be valid until the time final regulations are effective.
(c) The Department of Consumer Protection shall constitute a successor agency to the Division of Special Revenue in accordance with the provisions of sections 4-38d and 4-39. Where any order or regulation of said division and department conflict, the Commissioner of Consumer Protection may implement policies and procedures consistent with chapters 98, 226, 438a, 529, 545, 557 and 946, while in the process of adopting the policy or procedure in regulation form, provided notice of intention to adopt regulations is printed in the Connecticut Law Journal within twenty days of implementation. Any such policy or procedure shall be valid until the time final regulations are effective.
(d) The Department of Consumer Protection shall constitute a successor agency to the Gaming Policy Board in accordance with the provisions of sections 4-38d and 4-39. Where any order or regulation of said board and department conflict, the Commissioner of Consumer Protection may implement policies and procedures consistent with chapters 98, 226 and 545 while in the process of adopting the policy or procedure in regulation form, provided notice of intention to adopt regulations is printed in the Connecticut Law Journal within twenty days of implementation. Any such policy or procedure shall be valid until the time final regulations are effective.
Sec. 2. Subsection (a) of section 1-83 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) (1) All state-wide elected officers, members of the General Assembly, department heads and their deputies, [members of the Gaming Policy Board,] members or directors of each quasi-public agency, members of the Investment Advisory Council, state marshals and such members of the Executive Department and such employees of quasi-public agencies as the Governor shall require, shall file, under penalty of false statement, a statement of financial interests for the preceding calendar year with the Office of State Ethics on or before the May first next in any year in which they hold such a position. Any such individual who leaves his or her office or position shall file a statement of financial interests covering that portion of the year during which such individual held his or her office or position. The Office of State Ethics shall notify such individuals of the requirements of this subsection not later than thirty days after their departure from such office or position. Such individuals shall file such statement within sixty days after receipt of the notification.
(2) Each state agency, department, board and commission shall develop and implement, in cooperation with the Office of State Ethics, an ethics statement as it relates to the mission of the agency, department, board or commission. The executive head of each such agency, department, board or commission shall be directly responsible for the development and enforcement of such ethics statement and shall file a copy of such ethics statement with the Department of Administrative Services and the Office of State Ethics.
Sec. 3. Subsection (d) of section 1-84 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(d) No public official or state employee or employee of such public official or state employee shall agree to accept, or be a member or employee of a partnership, association, professional corporation or sole proprietorship which partnership, association, professional corporation or sole proprietorship agrees to accept any employment, fee or other thing of value, or portion thereof, for appearing, agreeing to appear, or taking any other action on behalf of another person before the Department of Banking, the Claims Commissioner, the Office of Health Care Access division within the Department of Public Health, the Insurance Department, the Department of Consumer Protection, the Department of Motor Vehicles, the State Insurance and Risk Management Board, the Department of Energy and Environmental Protection, the Public Utilities Regulatory Authority, the Connecticut Siting Council [, the Gaming Policy Board within the Department of Consumer Protection] or the Connecticut Real Estate Commission; provided this shall not prohibit any such person from making inquiry for information on behalf of another before any of said commissions or commissioners if no fee or reward is given or promised in consequence thereof. For the purpose of this subsection, partnerships, associations, professional corporations or sole proprietorships refer only to such partnerships, associations, professional corporations or sole proprietorships which have been formed to carry on the business or profession directly relating to the employment, appearing, agreeing to appear or taking of action provided for in this subsection. Nothing in this subsection shall prohibit any employment, appearing, agreeing to appear or taking action before any municipal board, commission or council. Nothing in this subsection shall be construed as applying (1) to the actions of any teaching or research professional employee of a public institution of higher education if such actions are not in violation of any other provision of this chapter, (2) to the actions of any other professional employee of a public institution of higher education if such actions are not compensated and are not in violation of any other provision of this chapter, (3) to any member of a board or commission who receives no compensation other than per diem payments or reimbursement for actual or necessary expenses, or both, incurred in the performance of the member's duties, or (4) to any member or director of a quasi-public agency. Notwithstanding the provisions of this subsection to the contrary, a legislator, an officer of the General Assembly or part-time legislative employee may be or become a member or employee of a firm, partnership, association or professional corporation which represents clients for compensation before agencies listed in this subsection, provided the legislator, officer of the General Assembly or part-time legislative employee shall take no part in any matter involving the agency listed in this subsection and shall not receive compensation from any such matter. Receipt of a previously established salary, not based on the current or anticipated business of the firm, partnership, association or professional corporation involving the agencies listed in this subsection, shall be permitted.
Sec. 4. Subsections (c) to (e), inclusive, of section 1-84b of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(c) The provisions of this subsection apply to present or former executive branch public officials or state employees who hold or formerly held positions which involve significant decision-making or supervisory responsibility and are designated as such by the Office of State Ethics in consultation with the agency concerned except that such provisions shall not apply to members or former members of the boards or commissions who serve ex officio, who are required by statute to represent the regulated industry or who are permitted by statute to have a past or present affiliation with the regulated industry. Designation of positions subject to the provisions of this subsection shall be by regulations adopted by the Citizen's Ethics Advisory Board in accordance with chapter 54. As used in this subsection, "agency" means the Office of Health Care Access division within the Department of Public Health, the Connecticut Siting Council, the Department of Banking, the Insurance Department, the Department of Emergency Services and Public Protection, the office within the Department of Consumer Protection that carries out the duties and responsibilities of sections 30-2 to 30-68m, inclusive, the Public Utilities Regulatory Authority, including the Office of Consumer Counsel [,] and the Department of Consumer Protection [and the Gaming Policy Board] and the term "employment" means professional services or other services rendered as an employee or as an independent contractor.
(1) No public official or state employee in an executive branch position designated by the Office of State Ethics shall negotiate for, seek or accept employment with any business subject to regulation by his agency.
(2) No former public official or state employee who held such a position in the executive branch shall within one year after leaving an agency, accept employment with a business subject to regulation by that agency.
(3) No business shall employ a present or former public official or state employee in violation of this subsection.
(d) The provisions of subsection (e) of this section apply to (1) present or former [Gaming Policy Board or] Department of Consumer Protection public officials or state employees who hold or formerly held positions which involve significant decision-making or supervisory responsibility and are designated as such by the Office of State Ethics, in consultation with the agency concerned, and (2) present or former public officials or state employees of other agencies who hold or formerly held positions which involve significant decision-making or supervisory responsibility concerning the regulation or investigation of (A) any business entity (i) engaged in Indian gaming operations in the state, and (ii) in which a federally-recognized Indian tribe in the state owns a controlling interest, or (B) a governmental agency of a federally-recognized Indian tribe engaged in Indian gaming operations in the state, which positions are designated as such by the Office of State Ethics, in consultation with the agency concerned. Designation of positions subject to the provisions of this subsection shall be by regulations adopted by the Citizen's Ethics Advisory Board in accordance with chapter 54. As used in subsection (e) of this section, the term "employment" means professional services or other services rendered as an employee or as an independent contractor.
(e) (1) No [Gaming Policy Board or] Department of Consumer Protection public official or state employee or other public official or state employee described in subdivision (2) of subsection (d) of this section, in a position designated by the Office of State Ethics, shall negotiate for, seek or accept employment with (A) a business entity (i) engaged in Indian gaming operations in the state, and (ii) in which a federally-recognized Indian tribe in the state owns a controlling interest, or (B) a governmental agency of a federally-recognized Indian tribe engaged in Indian gaming operations in the state.
(2) No former [Gaming Policy Board or] Department of Consumer Protection public official or state employee or other former public official or state employee described in subdivision (2) of subsection (d) of this section, who held such a position shall, within two years after leaving such agency, accept employment with (A) a business entity (i) engaged in Indian gaming operations in the state, and (ii) in which a federally-recognized Indian tribe in the state owns a controlling interest, or (B) a governmental agency of a federally-recognized Indian tribe engaged in Indian gaming operations in the state.
Sec. 5. Subsections (b) and (c) of section 4-9a of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) Public members shall constitute not less than one-third of the members of each board and commission within the Executive Department, except [the Gaming Policy Board and] the Commission on Human Rights and Opportunities. Public member means an elector of the state who has no substantial financial interest in, is not employed in or by, and is not professionally affiliated with, any industry, profession, occupation, trade or institution regulated or licensed by the relevant board or commission, and who has had no professional affiliation with any such industry, profession, occupation, trade or institution for three years preceding his appointment to the board or commission. Except as otherwise specifically provided by the general statutes, this section shall not apply to the Commission on Fire Prevention and Control, boards and commissions the membership of which is entirely composed of state department heads, elected officials or deputies appointed by such department heads or where the membership of such board or commission is determined in accordance with the provisions of any federal law.
(c) Notwithstanding any provision of law, the term of each member of each board and commission within the executive branch, except the State Board of Education, the Board of Regents for Higher Education, [the Gaming Policy Board,] the Commission on Human Rights and Opportunities, the State Elections Enforcement Commission, the State Properties Review Board, the Citizen's Ethics Advisory Board, the Commission on Medicolegal Investigations, the Psychiatric Security Review Board, the Commission on Fire Prevention and Control, the E 9-1-1 Commission, the Culture and Tourism Advisory Committee, and the board of trustees of each constituent unit of the state system of higher education, commencing on or after July 1, 1979, shall be coterminous with the term of the Governor or until a successor is chosen, whichever is later.
Sec. 6. Subsection (c) of section 7-169 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(c) The Commissioner of Consumer Protection [, with the advice and consent of the Gaming Policy Board,] shall adopt, in accordance with the provisions of chapter 54, such regulations as are necessary to effectively carry out the provisions of this section and section 7-169a in order to prevent fraud and protect the public, which regulations shall have the effect of law.
Sec. 7. Subsection (k) of section 7-169 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(k) (1) Whenever it appears to the commissioner after an investigation that any person is violating or is about to violate any provision of this section or section 7-169a or administrative regulations issued pursuant thereto, the commissioner may in his or her discretion, to protect the public welfare, order that any permit issued pursuant to this section be immediately suspended or revoked and that the person cease and desist from the actions constituting such violation or which would constitute such violation. After such an order is issued, the person named therein may, not later than fourteen days after receipt of the order, file a written request for a hearing. Such hearing shall be held in accordance with the provisions of chapter 54.
(2) Whenever the commissioner finds as the result of an investigation that any person has violated any provision of this section or section 7-169a or administrative regulations issued pursuant thereto or made any false statement in any application for a permit or in any report required by this section or section 7-169a or by the commissioner, the commissioner may send a notice to such person by certified mail, return receipt requested. Any such notice shall include (A) a reference to the section or regulation alleged to have been violated or the application or report in which an alleged false statement was made, (B) a short and plain statement of the matter asserted or charged, (C) the fact that any permit issued pursuant to this section may be suspended or revoked for such violation or false statement and the maximum penalty that may be imposed for such violation or false statement, and (D) the time and place for the hearing. Such hearing shall be fixed for a date not earlier than thirty days after the notice is mailed.
(3) The commissioner shall hold a hearing upon the charges made unless such person fails to appear at the hearing. Such hearing shall be held in accordance with the provisions of chapter 54. If such person fails to appear at the hearing or if, after the hearing, the commissioner finds that such person committed such a violation or made such a false statement, the commissioner may, in his or her discretion, suspend or revoke such permit and order that a civil penalty of not more than two hundred dollars be imposed upon such person for such violation or false statement. The commissioner shall send a copy of any order issued pursuant to this subdivision by certified mail, return receipt requested, to any person named in such order. Any person aggrieved by a decision of the commissioner under this subdivision shall have a right of appeal [to the Gaming Policy Board for a hearing. Any person aggrieved by a decision of the Gaming Policy Board shall have a right of appeal] pursuant to section 4-183.
(4) Whenever the commissioner revokes a permit issued pursuant to this section, he or she shall not issue any permit to such permittee for one year after the date of such revocation.
(5) Any person who promotes or operates any bingo game without a permit therefor, or who violates any provision of this section or section 7-169a or administrative regulations issued pursuant thereto, or who makes any false statement in any application for a permit or in any report required by this section or section 7-169a or by the commissioner shall be guilty of a class D misdemeanor.
Sec. 8. Subsection (d) of section 7-169c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(d) The Commissioner of Consumer Protection [, with the advice and consent of the Gaming Policy Board,] shall adopt [, in accordance with the provisions of chapter 54,] such regulations, in accordance with chapter 54, as are necessary [effectively] to carry out effectively the provisions of this section in order to prevent fraud and protect the public, which regulations shall have the effect of law.
Sec. 9. Subsection (d) of section 7-169e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(d) The Commissioner of Consumer Protection [, in consultation with the Gaming Policy Board,] shall adopt regulations, in accordance with chapter 54, to implement the provisions of this section in order to prevent fraud and protect the public.
Sec. 10. Section 7-169h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) For the purposes of this section and section 7-169i:
(1) "Commissioner" means the Commissioner of Consumer Protection;
(2) "Department" means the Department of Consumer Protection;
(3) "Sealed ticket" means a card with tabs which, when pulled, expose pictures of various objects, symbols or numbers and which entitles the holder of the ticket to receive a prize if the combination of objects, symbols or numbers pictured matches what is determined to be a winning combination;
(4) "Distributor" means a person who is a resident of this state and is registered with the department to provide services related to the sale and distribution of sealed tickets to any organization permitted to sell sealed tickets by the department; and
(5) "Manufacturer" means a person who is registered with the department and who manufactures or assembles sealed tickets from raw materials, supplies or subparts.
(b) No person shall sell, offer for sale or distribute a sealed ticket who has not applied for and received a permit from the department to sell sealed tickets.
(c) No organization permitted to sell sealed tickets in this state shall purchase sealed tickets from anyone other than a distributor.
(d) A distributor shall not purchase sealed tickets for sale or use in this state from any person except a manufacturer. A distributor shall have a physical office in this state and such office shall be subject to inspection by the commissioner or the commissioner's duly designated agent during normal business hours. No organization or group or any person affiliated with an organization or group permitted to sell sealed tickets under this section shall be permitted to be a distributor.
(e) A manufacturer shall not sell sealed tickets to any person in this state except a distributor.
(f) All sealed tickets purchased by a distributor for sale or use in this state shall be stored or warehoused in this state prior to their sale to any organization permitted to sell sealed tickets.
(g) All sealed tickets sold in this state shall meet the standards on pull-tabs adopted by the North American Gaming Regulators Association.
(h) (1) The department may issue a permit to sell sealed tickets to any organization or group specified in subsection (d) of section 7-169 which holds a bingo permit issued in accordance with the provisions of section 7-169, as amended by this act. Such permit shall be renewed annually.
(2) The department may issue a permit to sell sealed tickets to any organization or group specified in subsection (d) of section 7-169 which holds a club permit or nonprofit club permit under the provisions of chapter 545. Such permit shall be renewed annually.
(3) The department may issue a permit to sell sealed tickets to any organization or group specified in section 7-172 which holds a permit to operate a bazaar, issued in accordance with the provisions of sections 7-170 to 7-186, inclusive.
(4) The department may issue a permit to sell sealed tickets to any charitable, civic, educational, fraternal, veterans' or religious organization, volunteer fire department or grange authorizing such organization to sell sealed tickets in conjunction with any social function or event sponsored or conducted by such organization. Any such organization shall have been organized for not less than two years prior to the date of its application for such permit. Such permit shall be renewed annually.
(i) On and after July 1, 2011, the department may sell any sealed tickets it has in its possession as of said date, provided it does not purchase any new sealed tickets after said date. Permittees shall purchase such sealed tickets from the department at a cost which is equal to ten per cent of their resale value, until the department's supply of sealed tickets has been fully depleted. After the department's supply of sealed tickets has been fully depleted, permittees shall purchase such sealed tickets from a distributor at a cost which is equal to ten per cent of their resale value. Each such distributor shall remit thirty per cent of its gross revenue derived from such purchase fees to the State Treasurer on a quarterly basis.
(j) Each applicant for registration as a manufacturer or distributor shall apply to the commissioner on such forms as the commissioner prescribes. A distributor's application shall be accompanied by an annual fee of two thousand five hundred dollars, payable to the State Treasurer, and a manufacturer's application shall be accompanied by an annual fee of five thousand dollars, payable to the State Treasurer. Each applicant for an initial manufacturer or distributor registration shall submit to state and national criminal history records checks conducted in accordance with section 29-17a before such registration is issued.
(k) Notwithstanding the provisions of subsection (b) of section 53-278b and subsection (d) of section 53-278c, sealed tickets may be sold, offered for sale, displayed or open to public view only (1) during the course of a bingo game conducted in accordance with the provisions of section 7-169, as amended by this act, and only at the location at which such bingo game is conducted, (2) on the premises of any such organization or group specified in subdivision (2) of subsection (h) of this section, (3) during the conduct of a bazaar under the provisions of sections 7-170 to 7-186, inclusive, or (4) in conjunction with any social function or event sponsored or conducted by any such organization specified in subdivision (4) of subsection (h) of this section. Subject to the provisions of section 7-169i, permittees may utilize a mechanical or electronic ticket dispensing machine approved by the department to sell sealed tickets. Sealed tickets shall not be sold to any person less than eighteen years of age. All proceeds from the sale of tickets shall be used for a charitable purpose, as defined in section 21a-190a.
(l) The fee for a permit to sell sealed tickets (1) issued to an organization authorized to conduct bingo under a "Class A" or "Class C" permit or to an organization specified in subdivision (4) of subsection (h) of this section in conjunction with any social function or event sponsored or conducted by such organization shall be fifty dollars, (2) issued to an organization which holds a club permit or nonprofit club permit under the provisions of chapter 545 shall be seventy-five dollars, and (3) issued to an organization authorized to conduct bingo under a "Class B" permit or an organization which holds a permit to operate a bazaar shall be five dollars per day.
(m) The commissioner [, with the advice and consent of the Gaming Policy Board,] shall adopt regulations in accordance with the provisions of chapter 54 to carry out the purposes of this section including, but not limited to, regulations concerning (1) qualifications of a charitable organization, (2) the price at which the charitable organization shall resell tickets, (3) information required on the ticket, including, but not limited to, the price per ticket, (4) the percentage retained by the organization as profit, which shall be at least ten per cent of the resale value of tickets sold, (5) the percentage of the resale value of tickets to be awarded as prizes, which shall be at least forty-five per cent, (6) apportionment of revenues received by the department from the sale of tickets, and (7) investigations of any charitable organization seeking a permit.
(n) (1) Whenever it appears to the commissioner after an investigation that any person is violating or is about to violate any provision of this section or administrative regulations issued pursuant thereto, the commissioner may in his or her discretion, to protect the public welfare, order that any registration or permit issued pursuant to this section be immediately suspended or revoked and that the person cease and desist from the actions constituting such violation or which would constitute such violation. After such an order is issued, the person named therein may, within fourteen days after receipt of the order, file a written request for a hearing. Such hearing shall be held in accordance with the provisions of chapter 54.
(2) Whenever the commissioner finds as the result of an investigation that any person has violated any provision of this section or administrative regulations issued pursuant thereto or made any false statement in any application for a registration or permit or in any report required by the commissioner, the commissioner may send a notice to such person by certified mail, return receipt requested. Any such notice shall include (A) a reference to the section or regulation alleged to have been violated or the application or report in which an alleged false statement was made, (B) a short and plain statement of the matter asserted or charged, (C) the fact that any permit issued pursuant to this section may be suspended or revoked for such violation or false statement and the maximum penalty that may be imposed for such violation or false statement, and (D) the time and place for the hearing. Such hearing shall be fixed for a date not earlier than fourteen days after the notice is mailed.
(3) The commissioner shall hold a hearing upon the charges made unless such person fails to appear at the hearing. Such hearing shall be held in accordance with the provisions of chapter 54. If such person fails to appear at the hearing or if, after the hearing, the commissioner finds that such person committed such a violation or made such a false statement, the commissioner may, in his or her discretion, suspend or revoke such registration or permit and order that a civil penalty of not more than five hundred dollars be imposed upon such person for such violation or false statement. The commissioner shall send a copy of any order issued pursuant to this subdivision by certified mail, return receipt requested, to any person named in such order. Any person aggrieved by a decision of the commissioner under this subdivision shall have a right of appeal [to the Gaming Policy Board for a hearing. Any person aggrieved by a decision of the Gaming Policy Board shall have a right of appeal] pursuant to section 4-183.
(4) Whenever the commissioner revokes a registration or permit issued pursuant to this section, he or she shall not issue any registration or permit to such registrant or permittee for one year after the date of such revocation.
Sec. 11. Subsection (c) of section 7-181 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(c) The commissioner shall hold a hearing upon the charges made unless such person fails to appear at the hearing. Such hearing shall be held in accordance with the provisions of chapter 54. If such person fails to appear at the hearing or if, after the hearing, the commissioner finds that such person committed such a violation or made such a false statement, the commissioner may, in his discretion, suspend or revoke such registration or permit and order that a civil penalty of not more than two hundred dollars be imposed upon such person for such violation or false statement. The commissioner shall send a copy of any order issued pursuant to this subsection by certified mail, return receipt requested, to any person named in such order. Any person aggrieved by a decision of the commissioner under this subsection shall have a right of appeal [to the Gaming Policy Board for a hearing. Any person aggrieved by a decision of the Gaming Policy Board shall have a right of appeal] pursuant to section 4-183.
Sec. 12. Section 7-185 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The Commissioner of Consumer Protection [, with the advice and consent of the Gaming Policy Board,] shall adopt, in accordance with the provisions of chapter 54, such regulations as are necessary to effectuate the provisions of sections 7-170 to 7-186, inclusive, in order to prevent fraud and protect the public, which regulations shall have the effect of law.
Sec. 13. Subsections (f) to (h), inclusive, of section 7-185a of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(f) (1) Any sponsoring organization qualified to conduct a bazaar or raffle under the provisions of section 7-172 may operate a duck-race raffle once each calendar year. Such raffles shall conform to the provisions of sections 7-170 to 7-186, inclusive, and shall be subject to regulation by the Commissioner of Consumer Protection. For the purpose of this subsection, "duck-race raffle" means a raffle in which artificial ducks, numbered consecutively to correspond with the number of tickets sold for such raffle, are placed in a naturally moving stream of water at a designated starting point and in which the ticket corresponding to the number of the first duck to pass a designated finishing point is the winning ticket. (2) The Commissioner of Consumer Protection [, with the advice and consent of the Gaming Policy Board,] shall adopt regulations, in accordance with chapter 54, that establish procedures for the operation of duck-race raffles.
(g) (1) Any sponsoring organization qualified to conduct a bazaar or raffle under the provisions of section 7-172 may operate a frog-race raffle once each calendar year. Such raffles shall conform to the provisions of sections 7-170 to 7-186, inclusive, and shall be subject to regulation by the Commissioner of Consumer Protection. For the purpose of this subsection, "frog-race raffle" means a raffle in which artificial frogs conforming to specifications approved by the commissioner and numbered consecutively to correspond with the number of tickets sold for such raffle, are placed in a naturally moving stream of water at a designated starting point and in which the ticket corresponding to the number of the first frog to pass a designated finishing point is the winning ticket. (2) The commissioner [, with the advice and consent of the Gaming Policy Board,] shall adopt regulations, in accordance with chapter 54, that establish procedures for the operation of frog-race raffles.
(h) (1) Any sponsoring organization qualified to conduct a bazaar or raffle under the provisions of section 7-172 may operate a golf ball-drop raffle once each calendar year. Any such raffle shall conform to the provisions of sections 7-170 to 7-186, inclusive, and shall be subject to regulation by the Commissioner of Consumer Protection. For the purpose of this subsection, "golf ball-drop raffle" means a raffle in which golf balls, numbered consecutively to correspond with the number of tickets sold for such raffle, are dropped from a helicopter, hot air balloon or other aircraft hovering above a designated target, and in which the ticket corresponding to the number of the first golf ball to be closest to the center of the designated target is the winning ticket. (2) The Commissioner of Consumer Protection [, with the advice and consent of the Gaming Policy Board,] shall adopt regulations, in accordance with chapter 54, establishing procedures for the operation of golf ball-drop raffles.
Sec. 14. Section 12-557b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
As used in this chapter, sections 12-579, as amended by this act, and 12-580 and chapter 226b, unless the context otherwise requires:
[(1) "Board" means the Gaming Policy Board established under section 12-557d;]
[(2)] (1) "Commissioner" means the Commissioner of Consumer Protection;
[(3)] (2) "Department" means the Department of Consumer Protection;
[(4)] (3) "Business organization" means a partnership, incorporated or unincorporated association, firm, corporation, trust or other form of business or legal entity, other than a financial institution regulated by a state or federal agency which is not exercising control over an association licensee; and
[(5)] (4) "Control" means the power to exercise authority over or direct the management and policies of a person or business organization.
Sec. 15. Section 12-561 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
No commissioner or unit head or employee of the department [or member of the Gaming Policy Board] shall directly or indirectly, individually or as a member of a partnership or as a shareholder of a corporation, have any interest whatsoever in dealing in any lottery, racing, fronton or betting enterprise or in the ownership or leasing of any property or premises used by or for any lottery, racing, fronton or betting enterprise. No commissioner [,] or unit head [or member of the Gaming Policy Board] shall, directly or indirectly, wager at any off-track betting facility, race track or fronton authorized under this chapter or purchase lottery tickets issued under this chapter. The commissioner may [, by regulation adopted in consultation with the board,] adopt regulations, in accordance with the provisions of chapter 54, to prohibit any employee of the department from engaging, directly or indirectly, in any form of legalized gambling activity in which such employee is involved because of his employment with the department. For purposes of this section, "unit head" means a managerial employee with direct oversight of a legalized gambling activity.
Sec. 16. Subsection (a) of section 12-562 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Except as provided in subsection (b) of this section, the commissioner shall have power to enforce the provisions of this chapter and chapter 226b, and [with the advice and consent of the board,] shall adopt all necessary regulations for that purpose and for carrying out, enforcing and preventing violation of any of the provisions of this chapter, for the inspection of licensed premises or enterprises, for insuring proper, safe and orderly conduct of licensed premises or enterprises and for protecting the public against fraud or overcharge. The commissioner shall have power generally to do whatever is reasonably necessary for the carrying out of the intent of this chapter; and may call upon other administrative departments of the state government and of municipal governments for such information and assistance as he or she deems necessary to the performance of his or her duties.
Sec. 17. Subsection (b) of section 12-564 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) The commissioner shall [, with the advice and consent of the board,] conduct studies concerning the effect of legalized gambling on the citizens of this state including, but not limited to, studies to determine the types of gambling activity engaged in by the public and the desirability of expanding, maintaining or reducing the amount of legalized gambling permitted in this state. Such studies shall be conducted as often as the commissioner deems necessary, except that no studies shall be conducted before the fiscal year ending June 30, 2009, and thereafter studies shall be conducted at least once every ten years. The joint standing committees of the General Assembly having cognizance of matters relating to legalized gambling shall each receive a report concerning each study carried out, stating the findings of the study and the costs of conducting the study.
Sec. 18. Section 12-565 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The commissioner [or the board] may conduct any inquiry, investigation or hearing necessary to carry out the provisions of this chapter. The commissioner [or any board member] shall have power to administer oaths and take testimony under oath concerning the matter of inquiry or investigation. At any hearing ordered, the commissioner [, the board] or an agent authorized by law to issue such process may subpoena witnesses and require the production of records, papers and documents pertinent to such inquiry. No witness under subpoena issued under the provisions of this section shall be excused from testifying or from producing records, papers or documents on the ground that such testimony or the production of such records or other documentary evidence would tend to incriminate him, but such evidence or the records or papers so produced shall not be used in any criminal proceeding against him. If any person disobeys such process or, having appeared in obedience thereto, refuses to answer any pertinent question put to him or to produce any records and papers pursuant thereto, the commissioner [or board] may apply to the superior court for the judicial district of Hartford or for the judicial district wherein the person resides or wherein the business has been conducted, or to any judge of said court if the same is not in session, setting forth such disobedience to process or refusal to answer. Said court or such judge shall cite such person to appear before said court or such judge to answer such question or to produce such records and papers and, upon his refusal to do so, shall commit such person to a community correctional center until he testifies, but not for a longer period than sixty days. Notwithstanding the serving of the term of such commitment by any person, the commissioner [or board] may proceed with such inquiry and examination as if the witness had not previously been called upon to testify. Officers who serve subpoenas issued by the commissioner [or the board] or under his [or its] authority and witnesses attending hearings conducted [hereunder] under this section shall receive the same fees and compensation as officers and witnesses in the courts of this state to be paid on vouchers of the department on order of the Comptroller. The commissioner may delegate the powers granted to him under this section.
Sec. 19. Section 12-566 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The commissioner [and the board] shall provide books in which shall be kept a true, faithful and correct record of all of [their] the department's proceedings, which books shall be open to the public as provided in section 1-210.
Sec. 20. Subsection (b) of section 12-569 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) The commissioner [, with the advice and consent of the board,] shall adopt regulations in accordance with chapter 54 to carry out the purposes of this section.
Sec. 21. Subsection (b) of section 12-571 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) Until the effective date of transfer of ownership of the off-track betting system, the commissioner [, with the advice and consent of the board,] shall adopt rules and regulations, consistent with this chapter, establishing and governing the permitted method or methods of operation of the system of off-track betting.
Sec. 22. Section 12-571a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The Department of Consumer Protection [and the Gaming Policy Board] shall not operate or authorize the operation of more than eighteen off-track betting branch facilities, except that the department [and the board] may operate or authorize the operation of any off-track betting branch facility approved prior to December 31, 1986, by the legislative body of a municipality in accordance with subsection (a) of section 12-572, as amended by this act. Any facility approved prior to December 31, 1986, shall be included within the eighteen facilities authorized by this subsection.
(b) The eighteen off-track betting branch facilities authorized by subsection (a) of this section may include facilities which have screens for the simulcasting of off-track betting race programs or jai alai games and other amenities including, but not limited to, restaurants and concessions, and, on and after October 1, 2012, shall be located in the town and city of New Haven, the town of Windsor Locks, the town of East Haven, the town and city of Norwalk, the town and city of Hartford, the town and city of New Britain, the town and city of Bristol, the town and city of Torrington, the town and city of Waterbury, the town and city of Milford, the town and city of New London, the town of Manchester, the town of Windham, the town of Putnam, the town and city of Bridgeport and three additional locations. The location of each such facility and the addition of simulcasting capability to any existing off-track betting branch facility that did not previously have such capability (1) shall be approved by the commissioner, [with the consent of the Gaming Policy Board,] and (2) shall be subject to the prior approval of the legislative body of the town in which such facility is located or is proposed to be located. The department shall report annually to the joint standing committee of the General Assembly having cognizance of matters relating to legalized gambling on the status of the establishment or improvement of the off-track betting branch facility pursuant to this subsection.
Sec. 23. Section 12-572 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The commissioner [, with the advice and consent of the board,] may establish or authorize the establishment of such off-track betting facilities throughout the state for the purpose of receiving moneys wagered on the results of races or jai alai games as he shall deem will serve the convenience of the public and provide maximum economy and efficiency of operation, provided the establishment of such a facility in any municipality for the purpose of receiving moneys on the results of races or jai alai games shall be subject to the approval of the legislative body of such municipality which shall be given only after a public hearing on the same. Until the effective date of transfer of ownership of the off-track betting system, moneys received at such facilities shall be deposited in a betting fund from which daily payments, in such amount as the commissioner deems suitable, shall be made. If an operator of an off-track betting facility intends to conduct wagering on dog racing events or jai alai games, such operator (1) shall conduct wagering on dog racing events or jai alai games conducted by any association licensee which offers such racing events or games for off-track betting, provided such operator obtains the written consent of such licensee, and (2) may conduct wagering on out-of-state dog racing events or jai alai games when no such association licensee is conducting such racing events or games, provided such operator has complied with the provisions of subdivision (1) of this subsection. No operator of an off-track betting facility shall conduct wagering on any dog racing event or jai alai game if such racing event or game is conducted within forty miles of such facility unless such operator has obtained the written consent of the licensee conducting such racing event or game.
(b) The commissioner [, with the approval of the board, is authorized to] may contract with any person or business organization to provide such facilities, components, goods or services as may be necessary for the effective operation of an off-track betting system. Compensation for such facilities, components, goods or services shall be deducted from the moneys retained pursuant to subsections (c) and (d) of this section in such amount as the commissioner shall determine.
(c) The department or any person or business organization operating an off-track betting system shall distribute all sums deposited in a pari-mutuel pool, to the holders of winning tickets therein, less seventeen per cent of the total deposits of such pool plus the breakage to the dime of the amount so retained, except as provided in subsection (d) of this section.
(d) (1) If the multiple forms of wagering known as daily double, exacta and quinella are permitted by the [board, the] department or any person or business organization operating the off-track betting system shall distribute all sums deposited in the pari-mutuel pool for any such event to the holders of winning tickets therein, less nineteen per cent of the total deposits in such pool plus the breakage to the dime.
(2) If multiple forms of wagering on three or more animals are permitted by the [board, the] department or such person or business organization operating an off-track betting system, shall retain twenty-four and one-half per cent of the total sums deposited in the pool for such event, plus the breakage to the dime.
(e) The department or any person or business organization operating an off-track betting system and conducting wagering on racing events or jai alai games held in this state and licensed under the provisions of this chapter shall distribute all sums deposited in a pari-mutuel pool to the holders of winning tickets therein, less the same percentage of the total deposits of such pool applicable to such racing events or jai alai games plus the breakage to the dime of the amount retained by each licensee conducting the racing events or jai alai games.
(f) Any person or business organization which has entered into a contract with the state, acting through the commissioner under the provisions of subsection (b) of this section, except a contract with an individual for personal services, may, in the event of any disputed claims under such contract, bring an action against the state to the superior court for the judicial district of Hartford for the purpose of having such claims determined, provided notice of the general nature of such claims shall have been given in writing to the department not later than one year after the termination of such contract. No action shall be brought under this section later than three years from the date of termination of the contract. Such action shall be tried to the court without a jury. Damages recoverable in such action shall not include any amount attributable to anticipated profits but shall be limited to the recovery of actual damages sustained arising out of such contract. All legal defenses except governmental immunity shall be reserved to the state.
(g) The department or any person or business organization operating an off-track betting system [, with the approval of the board,] may combine wagers placed within such off-track betting system with similar wagering pools at the facility where a racing program is being conducted, regardless of whether such facility is located within or without the state. Such pari-mutuel wagers shall be combined in such form and manner as the commissioner may determine to be in the best interests of the off-track betting system established pursuant to the provisions of section 12-571. Notwithstanding the provisions of subsection (c) or (d) of this section, [to the contrary,] the department or any person or business organization operating an off-track betting system and conducting wagering on racing events held without this state, [with the approval of the board,] may distribute to the holders of winning tickets who have placed wagers in said combined pools such sums as may be deposited in said combined pari-mutuel pools, less the same percentage of the total deposits of such combined pools as is established at the facility where such racing program is conducted plus the breakage to the dime, as shall be determined by the commissioner. [with the approval of the board.]
Sec. 24. Section 12-573a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The [board] department may authorize the operation of frontons in the state for exhibition of the Spanish ball game called jai alai or pelota. The operation of all frontons shall be under the supervision of the department.
Sec. 25. Section 12-574 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) No person or business organization may conduct a meeting at which racing or the exhibition of jai alai is permitted for any stake, purse or reward or operate the off-track betting system unless such person or business organization is licensed as an association licensee by the [board] commissioner. Any such licensee authorized to conduct a meeting or operate the off-track betting system shall indemnify and save harmless the state of Connecticut against any and all actions, claims, and demands of whatever kind or nature which the state may sustain or incur by reason or in consequence of issuing such license.
[(b) No business organization, other than a shareholder in a publicly traded corporation, may exercise control in or over an association licensee unless such business organization is licensed as an affiliate licensee by the board as provided in subdivision (1) of subsection (h) of this section.]
[(c)] (b) No person or business organization may operate any concession at any meeting at which racing or the exhibition of jai alai is permitted or any concession which is allied to an off-track betting facility unless such person or business organization is licensed as a concessionaire licensee by the commissioner.
[(d)] (c) No person or business organization awarded the primary contract by an association licensee to provide facilities, components, goods or services which are necessary for the operation of the activities authorized by the provisions of section 12-572, as amended by this act, may do so unless such person or business organization is licensed as a vendor licensee by the commissioner.
[(e)] (d) No person or business organization may provide totalizator equipment and services to any association licensee for the operation of a pari-mutuel system unless such person or business organization is licensed as a totalizator licensee by the commissioner.
[(f)] (e) No business organization, other than a shareholder in a publicly traded corporation, may exercise control in or over an association, a concessionaire, a vendor or a totalizator licensee unless such business organization is licensed as an affiliate licensee by the commissioner. The commissioner shall issue affiliate licenses to qualified business organizations.
[(g)] (f) No person may participate in this state in any activity permitted under this chapter as an employee of an association, concessionaire, vendor, totalizator or affiliate licensee unless such person is licensed as an occupational licensee by the commissioner. Whether located in or out of this state, no officer, director, partner, trustee or owner of a business organization which obtains a license in accordance with this section may continue in such capacity unless such officer, director, partner, trustee or owner is licensed as an occupational licensee by the commissioner. An occupational license shall also be obtained by any shareholder, key executive, agent or other person connected with any association, concessionaire, vendor, totalizator or affiliate licensee, who in the judgment of the commissioner will exercise control in or over any such licensee. Such person shall apply for a license not later than thirty days after the commissioner requests him, in writing, to do so. The commissioner shall complete his investigation of an applicant for an occupational license and notify such applicant of his decision to approve or deny the application within one year after its receipt, or, if the commissioner determines good cause exists for extending such period of investigation and gives the applicant a reasonable opportunity for a hearing, by the date prescribed by the commissioner. [Such period may be extended by the board upon a showing of good cause by the commissioner, after giving the applicant a reasonable opportunity for a hearing before the board.]
[(h) (1) The board shall issue affiliate of association licenses to qualified business organizations. (2) The commissioner shall issue affiliate of concessionaire licenses to qualified business organizations.]
[(i)] (g) In determining whether to grant a license, [the board or] the commissioner may require the applicant to submit information as to: Financial standing and credit; moral character; criminal record, if any; previous employment; corporate, partnership or association affiliations; ownership of personal assets; and such other information as it or he deems pertinent to the issuance of such license. [The commissioner may reject for good cause an application for a license, and he, the deputy commissioner, the executive assistant, any unit head or any assistant unit head authorized by the commissioner may suspend or revoke for good cause any license issued by him after a hearing held in accordance with chapter 54. In addition, if any affiliate licensee licensed by the commissioner fails to comply with the provisions of this chapter, the commissioner, after a hearing held in accordance with chapter 54, may revoke or suspend the license of any one or more of the following related licensees: Concessionaire, vendor or totalizator, and may fine any one or more of such licensees in an amount not to exceed two thousand five hundred dollars. Any licensee whose license is suspended or revoked, or any applicant aggrieved by the action of the commissioner concerning an application for a license may appeal not later than fifteen days after such decision to the board in accordance with subsection (j) of this section.]
(h) The commissioner may reject for good cause an application for a license. Any license granted under the provisions of this chapter is a revocable privilege and no licensee shall be deemed to have acquired any vested rights based on the issuance of such license. The commissioner, the deputy commissioner, the executive assistant, any unit head or any assistant unit head authorized by the commissioner may suspend or revoke for good cause any license issued by the commissioner after a hearing held in accordance with chapter 54. If any affiliate licensee fails to comply with the provisions of this chapter, the commissioner, after a hearing held in accordance with chapter 54, may revoke or suspend the license of any one or more of the following related licensees: Concessionaire, vendor or totalizator, and may fine any one or more of such licensees in an amount not to exceed two thousand five hundred dollars. In addition, if any affiliate licensee fails to comply with the provisions of this chapter, the commissioner, after a hearing held in accordance with chapter 54, may revoke or suspend the license of the related association licensee or may fine the related association licensee in an amount not to exceed seventy-five thousand dollars or both. If any license is suspended or revoked, the commissioner shall state the reasons for such suspension or revocation and cause an entry of such reasons to be made on the record books of the department. Any licensee whose license is suspended or revoked, or any applicant aggrieved by the action of the commissioner concerning an application for a license, may appeal pursuant to section 4-183.
[(j)] (i) The commissioner [, with the advice and consent of the board,] shall adopt regulations governing the operation of the off-track betting system and facilities, tracks, stables, kennels and frontons, including the regulation of betting in connection therewith, to insure the integrity and security of the conduct of meetings and the broadcast of racing events held pursuant to this chapter. Such regulations shall include provision for the imposition of fines and suspension of licenses for violations thereof. Prior to the adoption of any regulations concerning the treatment of animals at any dog race track, the commissioner shall notify the National Greyhound Association of the contents of such regulations and of its right to request a hearing pursuant to chapter 54. The [board] commissioner shall have the authority to impose a fine of up to (1) seventy-five thousand dollars for any violation of such regulations by a licensee authorized to conduct a meeting or operate the off-track betting system under this section; [and a fine of up to] (2) five thousand dollars for any violation of such regulations by [any other licensee. The commissioner shall have the authority to impose a fine of up to] a business organization licensed as an affiliate licensee authorized to exercise control over an association; and (3) two thousand five hundred dollars for any such violation by any other licensee licensed by [him and] the commissioner. The stewards or judges of a meeting acting in accordance with such regulations shall have the authority to impose a fine of up to five hundred dollars for any such violation by such licensee, and the players' manager of a jai alai exhibition acting in accordance with such regulations shall have the authority to recommend to the judges that a fine should be considered for a player who may have violated such regulations. The [board] commissioner may delegate to the stewards and judges of a meeting the power to suspend the license of any occupational licensee employed in this state by an association licensee for a period not to exceed sixty days for any violation of such regulations. If any license is suspended, such stewards and judges of a meeting shall state the reasons therefor in writing. All fines imposed pursuant to this section shall be paid over to the General Fund upon receipt by the department. Any person or business organization fined or suspended [by an authority other than the board or any licensee or applicant for a license aggrieved by a decision of the commissioner under subsection (i) of] pursuant to this section shall have a right of appeal to the [board] commissioner for a hearing [. All hearings, other than appellate hearings before the board,] that shall be conducted pursuant to chapter 54. Any person or business organization aggrieved by a decision of the [board] commissioner following such a hearing shall have a right of appeal pursuant to section 4-183.
[(k)] (j) The commissioner shall have the power to require that the books and records of any licensee, other than an occupational licensee, shall be maintained in any manner which he may deem best, and that any financial or other statements based on such books and records shall be prepared in accordance with generally accepted accounting principles in such form as he shall prescribe. The commissioner or his designee shall also be authorized to visit, to investigate and to place expert accountants and such other persons as he may deem necessary, in the offices, tracks, frontons, off-track betting facilities or places of business of any such licensee, for the purpose of satisfying himself or herself that the department's regulations are strictly complied with.
[(l)] (k) The commissioner may at any time for good cause require the removal of any employee or official employed by any licensee hereunder.
[(m) The board shall have the right to reject any application for a license for good cause and the action of the board as to the license and the meeting dates assigned shall be final, provided any person or business organization aggrieved by the action of the board concerning an application for a license may appeal such decision in accordance with section 4-183. The board shall, as far as practicable, avoid conflicts in the dates assigned for racing or the exhibition of the game of jai alai in the state. Any license granted under the provisions of this chapter is a revocable privilege and no licensee shall be deemed to have acquired any vested rights based on the issuance of such license. Any such license shall be subject to the regulations set forth by the commissioner with the advice and consent of the board. Any license issued by the board shall be subject to suspension or revocation for good cause, after giving the licensee a reasonable opportunity for a hearing before the board, at which he shall have the right to be represented by counsel. In addition, if any affiliate licensee licensed by the board fails to comply with the provisions of this chapter the board, after a hearing held in accordance with chapter 54, may revoke or suspend the license of the related association licensee and may fine the related association licensee in an amount not to exceed seventy-five thousand dollars or both. If any license is suspended or revoked, the board shall state the reasons for such suspension or revocation and cause an entry of such reasons to be made on the record books of the board. Any licensee aggrieved by the action of the board may appeal therefrom in accordance with section 4-183.]
[(n)] (l) The [appropriate licensing authority] commissioner may, on [its] his or her own motion or upon application, exempt any person or business organization from the licensing requirements of this chapter or some or all of the disclosure requirements of chapter 226b, provided the applicant does not exercise control in or over an integral part of any activity which is authorized under this chapter. The burden of proving that an exemption should be granted rests solely with the applicant. The [licensing authority making the determination] commissioner may limit or condition the terms of an exemption and such determination shall be final.
[(o)] (m) Any person aiding or abetting in the operation of an off-track betting system or the conduct of any meeting within this state at which racing or the exhibition of the game of jai alai shall be permitted for any stake, purse or reward, except in accordance with a license duly issued and unsuspended or unrevoked by [the board or] the commissioner, shall be guilty of a class A misdemeanor.
[(p)] (n) The majority of the membership of the board of directors of any corporation licensed to operate the off-track betting system or to hold or conduct any meeting within the state of Connecticut at which racing or the exhibition of the game of jai alai shall be permitted for any stake, purse or reward, shall be residents of the state of Connecticut.
[(q)] (o) Any license granted under this section, other than [a license issued by the board] an association license authorizing the licensee to conduct a meeting or operate the off-track betting system, as described in subsection (a) of this section, or an affiliate license authorizing the licensee to exercise control in or over an association licensee, as described in subsection (e) of this section, shall be effective for not more than one year from the date of issuance. Initial application for and renewal of any license shall be in such form and manner as the commissioner shall [, by regulation adopted with the advice and consent of the board,] prescribe by regulation.
[(r)] (p) Any person or business organization issued a license to conduct dog racing shall establish a pet adoption program for the proper housing and care of retired greyhounds and shall provide financial support for such program and any facility operated to implement such program.
[(s)] (q) Any person or business organization issued a license to conduct dog racing pursuant to subsection (c) of section 12-574c, as amended by this act, shall employ persons who, at the time of employment, are recipients of assistance under the state-administered general assistance program, state supplement program, medical assistance program, temporary family assistance program or supplemental nutrition assistance program to fill not less than twenty per cent of the positions created by the conversion of a jai alai fronton to a dog race track if such persons have been trained for such employment by public or publicly funded agencies in coordination with such licensee.
[(t)] (r) Any person or business organization issued a license to conduct dog racing pursuant to subsection (c) of section 12-574c, as amended by this act, shall provide an on-site day care facility for use by employees of the dog race track. Such licensee shall employ persons who, at the time of employment, are recipients of aid under chapter 302 or 308 to fill not less than fifty per cent of the positions at such day care facility if such persons have been trained for such employment by public or publicly funded agencies in coordination with such licensee.
[(u)] (s) Notwithstanding any other provisions of this chapter to the contrary, any person or business organization issued a license to conduct dog racing may operate on a year-round basis and may conduct such number of performances as it may elect, provided the total number of such performances does not exceed five hundred eighty performances in any calendar year.
Sec. 26. Section 12-574a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Whenever a person or business organization files an application with the [board] department for a license to conduct an activity regulated by section 12-574, as amended by this act, exclusive of renewal license applications, the [board] department shall forward within five days to the town clerk of the town within which such activity is proposed to be carried on a statement specifying the prospective applicant, the proposed activity, the site on which such activity is proposed to be conducted and the fact that an application has been filed with the [board. Within] department. Not later than ten days after such statement has been filed, such town clerk shall cause notice of such filing to be published in a newspaper having a circulation in the town wherein the activity is to be conducted. The question of the approval of the conducting of such activity shall be submitted to the electors of such town at a special election called for the purpose to be held not less than thirty nor more than sixty days after such publication, in conformity with the provisions of section 9-369, or at a regular town election if such election is to be held more than sixty but not more than one hundred twenty days after such publication, such question shall be so submitted and the vote shall be taken in the manner prescribed by said section 9-369. The town clerk shall notify the [board] department of the results of such election. The disapproval of the conducting of such activity by a majority of those voting on the question shall be a bar to the granting of a license to [that] such applicant to conduct such activity at such location. All costs incurred by a municipality in connection with such referendum shall be paid to said municipality by the person or business organization filing such application for such license. The provisions of this subsection shall not apply to any licensee authorized to operate the off-track betting system with respect to any off-track betting facility approved prior to June 25, 1993.
(b) No licensee may conduct any racing or jai alai event on any Sunday without the prior approval of the legislative body of the town in which the event is scheduled to take place.
(c) No licensee authorized to operate the off-track betting system may conduct any off-track pari-mutuel wagering on any racing program on any Sunday without the prior approval of the legislative body of the town in which such off-track betting facility is located.
(d) Notwithstanding the provisions of subsection (a) of this section, the prior approval of the legislative body only of the town shall be required in the event the department [or the board] issues a license pursuant to subsection (c) of section 12-574c, as amended by this act.
Sec. 27. Section 12-574c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The Department of Consumer Protection [or the Gaming Policy Board] shall not issue a license authorizing any person, firm, corporation or association to conduct horse racing, dog racing or jai alai events.
(b) Notwithstanding the provisions of subsection (a) of this section, the department [or the board] may renew any license issued prior to May 23, 1979, or issue such a license to a currently operating facility.
(c) [(1)] Notwithstanding the provisions of subsection (a) of this section, the department [or the board] may, on or after July 5, 1991, issue one additional license authorizing a person or business organization to conduct dog racing to a person or business organization holding a license to conduct jai alai events or to the successor of such business organization upon the surrender of the license to conduct jai alai events. [(2) No license issued pursuant to this subsection shall provide for the operation of any dog race track prior to October 1, 1992, unless the licensee agrees to fully reimburse the state for all costs associated with the licensing and operation of such track prior to June 30, 1992.]
(d) No licensee shall move any horse race track, dog race track or jai alai fronton to any municipality other than the municipality in which such facility was located on July 5, 1991.
Sec. 28. Subsection (a) of section 12-575 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The [board] department may permit at racing events, exhibitions of the game of jai alai licensed under the provisions of this chapter or at off-track betting facilities, betting under a pari-mutuel system, so called, including standard pari-mutuel, daily double, exacta, quinella, trifecta, superfecta, twin trifecta, pick four and pick six betting, and such other forms of multiple betting as the [board] department may determine.
Sec. 29. Subsection (d) of section 12-575 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(d) Each licensee conducting horse racing events under the pari-mutuel system shall pay to the state, and there is hereby imposed: (1) A tax on the total money wagered in the pari-mutuel pool on each and every day the licensee conducts racing events, pursuant to the following schedule:
T1 Total Wagered Tax
T2 0 to $100,001 3.25% on the entire pool
T3 $100,001 to $200,001 3.75% on the entire pool
T4 $200,001 to $300,001 4.25% on the entire pool
T5 $300,001 to $400,001 4.75% on the entire pool
T6 $400,001 to $500,001 5.25% on the entire pool
T7 $500,001 to $600,001 5.75% on the entire pool
T8 $600,001 to $700,001 6.25% on the entire pool
T9 $700,001 to $800,001 6.75% on the entire pool
T10 $800,001 to $900,001 7.25% on the entire pool
T11 $900,001 to $1,000,001 7.75% on the entire pool
T12 $1,000,001 and over 8.75% on the entire pool
T1
Total Wagered
Tax
T2
0 to $100,001
3.25% on the entire pool
T3
$100,001 to $200,001
3.75% on the entire pool
T4
$200,001 to $300,001
4.25% on the entire pool
T5
$300,001 to $400,001
4.75% on the entire pool
T6
$400,001 to $500,001
5.25% on the entire pool
T7
$500,001 to $600,001
5.75% on the entire pool
T8
$600,001 to $700,001
6.25% on the entire pool
T9
$700,001 to $800,001
6.75% on the entire pool
T10
$800,001 to $900,001
7.25% on the entire pool
T11
$900,001 to $1,000,001
7.75% on the entire pool
T12
$1,000,001 and over
8.75% on the entire pool
and (2) a tax equal to one-half of the breakage to the dime resulting from such wagering. The commissioner [, with the advice and consent of the board,] shall by regulation adopted in accordance with the provisions of chapter 54 designate the percentage of the difference between the seventeen per cent specified in subsection (c) of this section and the tax specified in this subsection, which shall be allocated as prize or purse money for the horses racing at each facility.
Sec. 30. Subsections (h) and (i) of section 12-575 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(h) The commissioner shall assess and collect the taxes imposed by this chapter under such regulations as [, with the advice and consent of the board,] he or she may prescribe, in accordance with the provisions of chapter 54. All taxes hereby imposed shall be due and payable by the close of the next banking day after each day's racing or jai alai exhibition. If any such tax is not paid when due, the commissioner shall impose a delinquency assessment upon the licensee in the amount of ten per cent of such tax or ten dollars, whichever amount is greater, plus interest at the rate of one and one-half per cent of the unpaid principal of such tax for each month or fraction of a month from the date such tax is due to the date of payment. Subject to the provisions of section 12-3a, the commissioner may waive all or part of the penalties provided under this subsection when it is proven to his satisfaction that the failure to pay such tax within the time required was due to reasonable cause and was not intentional or due to neglect. Failure to pay any such delinquent tax upon demand may be considered by the commissioner as cause for revocation of license.
(i) The commissioner shall devise a system of accounting and shall supervise betting at such track, fronton or off-track betting facility in such manner that the rights of the state are protected and shall collect all fees and licenses under such regulations as [, with the advice and consent of the board,] he or she shall prescribe, in accordance with the provisions of chapter 54.
Sec. 31. Section 12-575c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The commissioner [, as defined in subdivision (2) of section 12-557b, with the approval of the board, as defined in subdivision (1) of said section,] may require all pari-mutuel betting conducted at any facility conducting betting under a pari-mutuel system within the state which is based on the results of any event which occurs at any place other than the facility conducting such betting, whether such place is within or without the state, to be combined into a single, state-wide pool for each such event, or for any of them, as the commissioner may determine.
(b) The commissioner [, as defined in subdivision (2) of section 12-557b, with the approval of the board, as defined in subdivision (1) of said section,] may permit all pari-mutuel betting conducted at any facility conducting betting under a pari-mutuel system within the state which is based on the results of any event which occurs at such facility, to be combined with the betting on such event at another facility where pari-mutuel betting is conducted, whether such facility is within or without the state, as a single pool for each event.
Sec. 32. Section 12-577 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The commissioner shall annually cause to be made by some competent person or persons in the department a thorough audit of the books and records of each association licensee under this chapter and the commissioner may, from time to time, cause to be made by some competent person in the department a thorough audit of the books and records of any other person or business organization licensed under this chapter. All such audit records shall be kept on file in the commissioner's office at all times. [and copies shall be forwarded to the board immediately upon completion thereof.] Each licensee shall permit access to its books and records for the purpose of having such audit made, and shall produce, upon written order of the commissioner, any documents and information required for such purpose.
Sec. 33. Subsection (a) of section 12-578 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The commissioner [, with the advice and consent of the board,] shall adopt regulations, in accordance with the provisions of chapter 54, governing registration and the issuance and annual renewal of licenses and payment of annual nonrefundable application fees for the same in accordance with the following schedule:
(1) Registration: (A) Stable name, one hundred dollars; (B) partnership name, one hundred dollars; (C) colors, twenty dollars; (D) kennel name, one hundred dollars.
(2) Licenses: (A) Owner, one hundred dollars; (B) trainer, one hundred dollars; (C) assistant trainer, one hundred dollars; (D) jockey, forty dollars; (E) jockey agent, for each jockey, one hundred dollars; (F) stable employees, including exercise boy, groom, stable foreman, hot walker, outrider, twenty dollars; (G) veterinarian, one hundred dollars; (H) jockey apprentice, forty dollars; (I) driver, one hundred dollars; (J) valet, twenty dollars; (K) blacksmith, twenty dollars; (L) plater, twenty dollars; (M) concessionaire, for each concession, two hundred fifty dollars; (N) concessionaire affiliate, for each concession of the concessionaire, two hundred fifty dollars; (O) concession employees, twenty dollars; (P) jai alai players, one hundred dollars; (Q) officials and supervisors, one hundred dollars; (R) pari-mutuel employees, forty dollars; (S) other personnel engaged in activities regulated under this chapter, twenty dollars; (T) vendor, for each contract, two hundred fifty dollars; (U) totalizator, for each contract, two hundred fifty dollars; (V) vendor and totalizator affiliates, for each contract of the vendor or totalizator, two hundred fifty dollars. For the purposes of this subdivision, "concessionaire affiliate" means a business organization, other than a shareholder in a publicly traded corporation, that may exercise control in or over a concessionaire; and "concessionaire" means any individual or business organization granted the right to operate an activity at a dog race track or off-track betting facility for the purpose of making a profit that receives or, in the exercise of reasonable business judgment, can be expected to receive more than twenty-five thousand dollars or twenty-five per cent of its gross annual receipts from such activity at such track or facility.
Sec. 34. Section 12-579 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Any municipality may, by ordinance, impose a tax of ten per cent of the admission charge, as defined in subsection (3) of section 12-540, to any place licensed by the [Gaming Policy Board] Department of Consumer Protection and containing a pari-mutuel system therein or to any off-track betting facility. The tax shall be imposed upon the person making such charge and reimbursement for the tax shall be collected by such person from the purchaser. Such reimbursement, termed "tax", shall be paid by the purchaser to the person making the admission charge. Such tax, when added to the admission charge, shall be a debt from the purchaser to the person making such charge and shall be recoverable at law.
Sec. 35. Section 12-584 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Each licensee of the department, [or board,] other than an occupational licensee, shall file, on or before April fifteenth of each year, with the department: (1) Certified financial statements for the prior calendar year or fiscal year, prepared in accordance with generally accepted accounting principles; (2) the names and addresses of every shareholder, person or business organization having a financial, property, leasehold, ownership or beneficial interest in such licensee; (3) (A) the names and addresses of every person or business organization which provides contractual services, equipment or property related to any of the activities authorized under chapter 226 and (B) the nature of such services rendered and equipment or property provided; and (4) copies of all state and federal tax returns filed by such licensee for the next preceding calendar year or taxable year, except that if any state or federal tax return has not been filed with the state or federal government on or before said date, such licensee may file such return with the department at the same time he or it files such return with the state or federal government.
(b) The commissioner [, with the advice and consent of the board,] may require any person, business organization or shareholder disclosed under the provisions of subdivision (2) of subsection (a) of this section to file on or before April fifteenth of each year, with the department: (1) A statement of financial position to be submitted under oath on forms provided by the department; (2) a statement of interest in any other gambling activity, within or without the state of Connecticut; and (3) copies of state and federal tax returns filed by such person, business organization or shareholder for the next preceding calendar year or taxable year, except that if any state or federal tax return has not been filed with the state or federal government on or before said date, such person, business organization or shareholder may file such return with the department at the same time he or it files such return with the state or federal government. The commissioner shall not require such filing more than once a year, except that the commissioner may require additional filings or additional information to ensure the integrity of legalized gambling. [, pursuant to a vote of at least four members of the board in favor of such requirement.] All information gathered by the department under this chapter and section 12-562, as amended by this act, may be transmitted by the department to any agency or department of the state and shall be made available for public dissemination or inspection, except that any state or federal tax returns gathered by the department pursuant to this section shall only be open to inspection by the department, its staff and such other state agencies or departments which require return information to perform their official duties.
(c) Failure by any licensee to comply with the requirements of this section shall constitute grounds for the [licensing authority] commissioner: (1) To suspend or revoke such license; (2) [if the commissioner,] to impose a fine of not more than two thousand five hundred dollars or, if the [board] licensee is licensed to conduct a meeting or operate an off-track betting system under subsection (a) of section 12-575, as amended by this act, to impose a fine of not more than seventy-five thousand dollars; (3) to rescind the applicable contract; or (4) to impose any combination of such penalties.
(d) Failure by any person, business organization or shareholder identified in subsection (b) of this section to comply with the requirements of this section shall constitute grounds for the [authority which issued the license to the related licensee] commissioner: (1) To suspend or revoke such license; (2) [if the commissioner,] to impose a fine of not more than two thousand five hundred dollars on such licensee or, if [the board, to impose] the licensee is licensed to conduct a meeting or operate an off-track betting system under subsection (a) of section 12-575, as amended by this act, a fine of not more than seventy-five thousand dollars on such licensee; or (3) to impose any combination of such penalties. In the case of a shareholder who fails to comply with the requirements of this section, the department shall notify the shareholder and the licensee which issued the shares of such failure. Upon receipt of such notice the shareholder shall immediately offer such shares to the licensee for purchase. The licensee shall purchase the shares not later than sixty days after they are so offered. Each licensee shall adopt appropriate amendments or additions to any existing corporate bylaws to permit compliance with this section.
(e) Any licensee aggrieved by an action of the commissioner under this section shall have a right of appeal [to the board in accordance with subsection (j) of section 12-574. Any licensee aggrieved by a decision of the board under this section shall have a right of appeal] pursuant to section 4-183.
Sec. 36. Subsection (b) of section 12-585 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) Each such person or business organization shall be billed for such expenses on a quarterly basis or at the conclusion of the investigation, as determined by the commissioner. Failure on the part of the person or business organization to remit payment within fifteen days after receipt of an invoice from the department shall constitute grounds to refuse to grant approval of the request of the person or business organization for which such investigation was undertaken, or in the case of a licensee, failure to remit payment within fifteen days shall, in addition, constitute grounds for the [licensing authority] commissioner: (1) To suspend or revoke such license; (2) [if the commissioner,] to impose a fine of not more than two thousand five hundred dollars, or if [the board, to impose] the licensee is licensed to conduct a meeting or operate an off-track betting system under subsection (a) of section 12-575, as amended by this act, a fine of not more than seventy-five thousand dollars; (3) to rescind the applicable contract; or (4) to impose any combination of such penalties.
Sec. 37. Subsection (h) of section 12-815a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(h) (1) The commissioner may suspend or revoke for good cause a vendor, affiliate or occupational license after a hearing held before the commissioner in accordance with chapter 54. The commissioner may order summary suspension of any such license in accordance with subsection (c) of section 4-182.
(2) Any such applicant aggrieved by the action of the commissioner concerning an application for a license, or any person or business organization whose license is suspended or revoked, may appeal [to the Gaming Policy Board not later than fifteen days after such decision. Any person or business organization aggrieved by a decision of the board may appeal] pursuant to section 4-183.
(3) The commissioner may impose a civil penalty on any licensee for a violation of any provision of this chapter or any regulation adopted under section 12-568a in an amount not to exceed two thousand five hundred dollars after a hearing held in accordance with chapter 54.
Sec. 38. Subsection (h) of section 30-33b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(h) "Special sporting facility" means all of the land and buildings in which the principal business conducted is racing or jai alai exhibitions with pari-mutuel betting licensed by the [gaming policy board] Department of Consumer Protection.
Sec. 39. Subsection (b) of section 30-39 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) (1) Any person desiring a liquor permit or a renewal of such a permit shall make a sworn application therefor to the Department of Consumer Protection upon forms to be furnished by the department, showing the name and address of the applicant and of the applicant's backer, if any, the location of the club or place of business which is to be operated under such permit and a financial statement setting forth all elements and details of any business transactions connected with the application. Such application shall include a detailed description of the type of live entertainment that is to be provided. A club or place of business shall be exempt from providing such detailed description if the club or place of business (A) was issued a liquor permit prior to October 1, 1993, and (B) has not altered the type of entertainment provided. The application shall also indicate any crimes of which the applicant or the applicant's backer may have been convicted. Applicants shall submit documents sufficient to establish that state and local building, fire and zoning requirements and local ordinances concerning hours and days of sale will be met, except that local building and zoning requirements and local ordinances concerning hours and days of sale shall not apply to any class of airport permit. The State Fire Marshal or the marshal's certified designee shall be responsible for approving compliance with the State Fire Code at Bradley International Airport. Any person [desiring] issued a license under chapter 226 who desires a permit provided for in section 30-33b shall file a copy of such [person's] license with such application. [if such license was issued by the Gaming Policy Board.] The department may, at its discretion, conduct an investigation to determine whether a permit shall be issued to an applicant.
(2) The applicant shall pay to the department a nonrefundable application fee, which fee shall be in addition to the fees prescribed in this chapter for the permit sought. An application fee shall not be charged for an application to renew a permit. The application fee shall be in the amount of ten dollars for the filing of each application for a permit by a charitable organization, including a nonprofit public television corporation, a nonprofit golf tournament permit, a temporary permit or a special club permit; and for all other permits in the amount of one hundred dollars for the filing of an initial application. Any permit issued shall be valid only for the purposes and activities described in the application.
(3) The applicant, immediately after filing an application, shall give notice thereof, with the name and residence of the permittee, the type of permit applied for and the location of the place of business for which such permit is to be issued and the type of live entertainment to be provided, all in a form prescribed by the department, by publishing the same in a newspaper having a circulation in the town in which the place of business to be operated under such permit is to be located, at least once a week for two successive weeks, the first publication to be not more than seven days after the filing date of the application and the last publication not more than fourteen days after the filing date of the application. The applicant shall affix, and maintain in a legible condition upon the outer door of the building wherein such place of business is to be located and clearly visible from the public highway, the placard provided by the department, not later than the day following the receipt of the placard by the applicant. If such outer door of such premises is so far from the public highway that such placard is not clearly visible as provided, the department shall direct a suitable method to notify the public of such application. When an application is filed for any type of permit for a building that has not been constructed, such applicant shall erect and maintain in a legible condition a sign not less than six feet by four feet upon the site where such place of business is to be located, instead of such placard upon the outer door of the building. The sign shall set forth the type of permit applied for and the name of the proposed permittee, shall be clearly visible from the public highway and shall be so erected not later than the day following the receipt of the placard. Such applicant shall make a return to the department, under oath, of compliance with the foregoing requirements, in such form as the department may determine, but the department may require any additional proof of such compliance. Upon receipt of evidence of such compliance, the department may hold a hearing as to the suitability of the proposed location. The provisions of this subdivision shall not apply to applications for airline permits, charitable organization permits, temporary permits, special club permits, concession permits, military permits, railroad permits, boat permits, warehouse permits, brokers' permits, out-of-state shippers' permits for alcoholic liquor and out-of-state shippers' permits for beer, coliseum permits, coliseum concession permits, special sporting facility restaurant permits, special sporting facility employee recreational permits, special sporting facility guest permits, special sporting facility concession permits, special sporting facility bar permits, nonprofit golf tournament permits, nonprofit public television permits and renewals. The provisions of this subdivision regarding publication and placard display shall also be required of any applicant who seeks to amend the type of entertainment upon filing of a renewal application.
(4) In any case in which a permit has been issued to a partnership, if one or more of the partners dies or retires, the remaining partner or partners need not file a new application for the unexpired portion of the current permit, and no additional fee for such unexpired portion shall be required. Notice of any such change shall be given to the department and the permit shall be endorsed to show correct ownership. When any partnership changes by reason of the addition of one or more persons, a new application with new fees shall be required.
Sec. 40. Subsection (a) of section 30-48 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) No backer or permittee of one permit class shall be a backer or permittee of any other permit class except in the case of any class of airport, railroad, airline and boat permits, and except that: (1) A backer of a hotel or restaurant permit may be a backer of both such classes; (2) a holder or backer of a manufacturer permit for a brew pub, a restaurant permit or a cafe permit may be a holder or backer of any other or all of such classes; (3) a holder or backer of a restaurant permit may be a holder or backer of a bowling establishment permit; (4) a backer of a restaurant permit may be a backer of a coliseum permit or a coliseum concession permit, or both, when such restaurant is within a coliseum; (5) a backer of a hotel permit may be a backer of a coliseum permit or a coliseum concession permit, or both; (6) a backer of a coliseum permit may be a backer of a coliseum concession permit; (7) a backer of a coliseum concession permit may be a backer of a coliseum permit; (8) a backer of a grocery store beer permit may be a backer of a package store permit if such was the case on or before May 1, 1996; (9) a backer of a university permit may be a backer of a nonprofit theater permit; (10) subject to the discretion of the department, a backer of a permit provided for in section 30-33b, may be a backer of any other retail on-premise consumption permit, including those permits provided for in section 30-33b; (11) a backer of a nonprofit theater permit may be a holder or backer of a hotel permit; (12) a holder or backer of a restaurant permit may be a holder or backer of a special outing facility permit; (13) a backer of a concession permit may be a backer of a coliseum permit or a coliseum concession permit, or both; (14) a holder of an out-of-state winery shipper's permit for wine may be a holder of an in-state transporter's permit or an out-of-state entity wine festival permit issued pursuant to section 30-37m, or of both such permits; (15) a holder of an out-of-state shipper's permit for alcoholic liquor other than beer may be a holder of an in-state transporter's permit; and (16) a holder of a manufacturer's permit for a farm winery may be a holder of an in-state transporter's permit, a wine festival permit issued pursuant to section 30-37l, a farmers' market wine sales permit issued pursuant to subsection (a) of section 30-37o or of any combination of such permits. Any person may be a permittee of more than one permit. A person may be a permittee under a permit provided for in section 30-33b, as amended by this act, and a backer of any other retail on-premise consumption permit, including those permits provided for in section 30-33b, as amended by this act. The operator of a racing or jai alai exhibition with pari-mutuel betting licensed by the [Gaming Policy Board] Department of Consumer Protection may be a backer of any permit provided for in section 30-33b, as amended by this act. No holder of a manufacturer permit for a brew pub and no spouse or child of such holder may be a holder or backer of more than three restaurant permits or cafe permits.
Sec. 41. Section 30-59a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The Department of Consumer Protection may suspend any permit issued under this chapter if the permittee has had a license suspended or revoked by [the Gaming Policy Board or] the department until such license has been restored to such person.
Sec. 42. Subsection (a) of section 12-802 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There is created a body politic and corporate, constituting a public instrumentality and political subdivision of the state created for the performance of an essential governmental revenue-raising function, which shall be named the Connecticut Lottery Corporation, and which may exercise the functions, powers and duties set forth in sections 12-563a and 12-800 to 12-818, inclusive, to implement the purposes set forth in said sections, which are public purposes for which public funds may be expended. The Connecticut Lottery Corporation shall not be construed to be a department, institution or agency of the state with respect to budgeting, procurement or personnel requirements, except as provided in sections 1-120, 1-121, 1-125, [12-557e,] 12-563, 12-563a, 12-564, as amended by this act, 12-566, as amended by this act, 12-568a and 12-569, as amended by this act, subsection [(d)] (c) of section 12-574, as amended by this act, and sections 12-800 to 12-818, inclusive.
Sec. 43. Subsection (h) of section 12-802 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(h) In any interest arbitration regarding employees of the corporation, the arbitrator shall take into account as a factor, in addition to those factors specified in section 5-276a, the purposes of sections 1-120, 1-121, 1-125, [12-557e,] 12-563, 12-563a, 12-564, as amended by this act, 12-566, as amended by this act, 12-568a and 12-569, as amended by this act, subsection [(d)] (c) of section 12-574, as amended by this act, and sections 12-800 to 12-818, inclusive, the entrepreneurial mission of the corporation and the necessity to provide flexibility and innovation to facilitate the success of the Connecticut Lottery Corporation in the marketplace. In any arbitration regarding any classification of entrepreneurial sales employees, the arbitrator shall include a term awarding incentive compensation for such employees for the purpose of motivating employees to maximize lottery sales.
Sec. 44. Subdivision (2) of subsection (b) of section 12-806 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(2) To operate and manage the lottery consistent with the provisions of sections 1-120, 1-121, 1-125, [12-557e,] 12-563, 12-563a, 12-564, as amended by this act, 12-566, as amended by this act, 12-568a and 12-569, as amended by this act, subsection [(d)] (c) of section 12-574, as amended by this act, and sections 12-800 to 12-818, inclusive, and as specifically provided in section 12-812;
Sec. 45. Section 12-806a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
As used in this section, "procedure" [shall have] has the same meaning as "procedure", as defined in subdivision (2) of section 1-120. The Department of Consumer Protection shall, for the purposes of [sections 12-557e and] section 12-568a, subsection [(d)] (c) of section 12-574, as amended by this act, sections 12-802a and 12-815a and this section, regulate the activities of the Connecticut Lottery Corporation to assure the integrity of the state lottery. In addition to the requirements of the provisions of chapter 12 and notwithstanding the provisions of section 12-806, as amended by this act, the Connecticut Lottery Corporation shall, prior to implementing any procedure designed to assure the integrity of the state lottery, obtain the written approval of the Commissioner of Consumer Protection in accordance with regulations adopted under section 12-568a.
Sec. 46. Section 12-816 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The exercise of the powers granted by sections 1-120, 1-121, 1-125, [12-557e,] 12-563, 12-563a, 12-564, as amended by this act, 12-566, as amended by this act, 12-568a and 12-569, as amended by this act, subsection [(d)] (c) of section 12-574, as amended by this act, and sections 12-800 to 12-818, inclusive, constitute the performance of an essential governmental function and all operations of the corporation shall be free from any form of federal or state taxation. In addition, except pursuant to any federal requirements, the corporation shall not be required to pay any taxes or assessments upon or in respect to sales of lottery tickets, or any property or moneys of the corporation, levied by the state or any political subdivision or municipal taxing authority. The corporation and its assets, property and revenues shall at all times be free from taxation of every kind by the state and by the municipalities and all other political subdivisions or special districts having taxing powers in the state.
Sec. 47. Subsection (c) of section 15-120mm of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(c) No employee covered by a collective bargaining agreement as an employee of the Department of Transportation shall be laid off as a result of the creation of the authority. Each bargaining unit employee of the Department of Transportation who does not transfer to the authority and who, by virtue of sections 15-101l to 15-101n, inclusive, is no longer employed by the Department of Transportation shall be retained by said department or assigned with his or her position to another state agency in accordance with the provisions of the State Employees Bargaining Agent Coalition agreement. Such opportunities shall be offered in the order of seniority. Seniority shall be defined in the same way as cases of transfer under the appropriate collective bargaining agreements. Such assignments shall be made only with the approval of the Office of Policy and Management and shall be reported at the end of the fiscal year to the Finance Advisory Committee. Employees may choose to be laid off in lieu of accepting any such assignment. In such case, they shall be entitled to all collective bargaining rights under their respective collective bargaining agreements including the State Employees Bargaining Agent Coalition. Sections 1-120, 1-121, 1-125, [12-557e,] 12-563, 12-563a, 12-564, as amended by this act, 12-566, as amended by this act, 12-567, 12-568a and 12-569, as amended by this act, subsection [(d)] (c) of section 12-574, as amended by this act, and sections 12-800 to 12-818, inclusive, shall in no way affect the collective bargaining rights of employees of the Department of Transportation.
Sec. 48. Subsection (f) of section 15-120mm of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(f) In any interest arbitration regarding employees of the authority, the arbitrator shall take into account as a factor, in addition to those factors specified in section 5-276a, the purposes of sections 1-120, 1-121, 1-125, [12-557e,] 12-563, 12-563a, 12-564, as amended by this act, 12-566, as amended by this act, 12-567, 12-568a and 12-569, as amended by this act, subsection [(d)] (c) of section 12-574, as amended by this act, and sections 12-800 to 12-818, inclusive, the entrepreneurial mission of the authority and the necessity to provide flexibility and innovation to facilitate the success of the authority in the marketplace.
Sec. 49. (NEW) (Effective July 1, 2013) The Commissioner of Consumer Protection shall set racing and jai alai meeting dates, except that the commissioner may delegate to designated staff the authority for setting make-up performance dates. The commissioner shall, as far as practicable, avoid conflicts in the dates assigned for racing or the exhibition of the game of jai alai in the state.
Sec. 50. Sections 12-557c, 12-557d, 12-557e and 12-558 of the general statutes are repealed. (Effective July 1, 2013)
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2013 21a-1
Sec. 2 July 1, 2013 1-83(a)
Sec. 3 July 1, 2013 1-84(d)
Sec. 4 July 1, 2013 1-84b(c) to (e)
Sec. 5 July 1, 2013 4-9a(b) and (c)
Sec. 6 July 1, 2013 7-169(c)
Sec. 7 July 1, 2013 7-169(k)
Sec. 8 July 1, 2013 7-169c(d)
Sec. 9 July 1, 2013 7-169e(d)
Sec. 10 July 1, 2013 7-169h
Sec. 11 July 1, 2013 7-181(c)
Sec. 12 July 1, 2013 7-185
Sec. 13 July 1, 2013 7-185a(f) to (h)
Sec. 14 July 1, 2013 12-557b
Sec. 15 July 1, 2013 12-561
Sec. 16 July 1, 2013 12-562(a)
Sec. 17 July 1, 2013 12-564(b)
Sec. 18 July 1, 2013 12-565
Sec. 19 July 1, 2013 12-566
Sec. 20 July 1, 2013 12-569(b)
Sec. 21 July 1, 2013 12-571(b)
Sec. 22 July 1, 2013 12-571a
Sec. 23 July 1, 2013 12-572
Sec. 24 July 1, 2013 12-573a
Sec. 25 July 1, 2013 12-574
Sec. 26 July 1, 2013 12-574a
Sec. 27 July 1, 2013 12-574c
Sec. 28 July 1, 2013 12-575(a)
Sec. 29 July 1, 2013 12-575(d)
Sec. 30 July 1, 2013 12-575(h) and (i)
Sec. 31 July 1, 2013 12-575c
Sec. 32 July 1, 2013 12-577
Sec. 33 July 1, 2013 12-578(a)
Sec. 34 July 1, 2013 12-579
Sec. 35 July 1, 2013 12-584
Sec. 36 July 1, 2013 12-585(b)
Sec. 37 July 1, 2013 12-815a(h)
Sec. 38 July 1, 2013 30-33b(h)
Sec. 39 July 1, 2013 30-39(b)
Sec. 40 July 1, 2013 30-48(a)
Sec. 41 July 1, 2013 30-59a
Sec. 42 July 1, 2013 12-802(a)
Sec. 43 July 1, 2013 12-802(h)
Sec. 44 July 1, 2013 12-806(b)(2)
Sec. 45 July 1, 2013 12-806a
Sec. 46 July 1, 2013 12-816
Sec. 47 July 1, 2013 15-120mm(c)
Sec. 48 July 1, 2013 15-120mm(f)
Sec. 49 July 1, 2013 New section
Sec. 50 July 1, 2013 Repealer section
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2013
21a-1
Sec. 2
July 1, 2013
1-83(a)
Sec. 3
July 1, 2013
1-84(d)
Sec. 4
July 1, 2013
1-84b(c) to (e)
Sec. 5
July 1, 2013
4-9a(b) and (c)
Sec. 6
July 1, 2013
7-169(c)
Sec. 7
July 1, 2013
7-169(k)
Sec. 8
July 1, 2013
7-169c(d)
Sec. 9
July 1, 2013
7-169e(d)
Sec. 10
July 1, 2013
7-169h
Sec. 11
July 1, 2013
7-181(c)
Sec. 12
July 1, 2013
7-185
Sec. 13
July 1, 2013
7-185a(f) to (h)
Sec. 14
July 1, 2013
12-557b
Sec. 15
July 1, 2013
12-561
Sec. 16
July 1, 2013
12-562(a)
Sec. 17
July 1, 2013
12-564(b)
Sec. 18
July 1, 2013
12-565
Sec. 19
July 1, 2013
12-566
Sec. 20
July 1, 2013
12-569(b)
Sec. 21
July 1, 2013
12-571(b)
Sec. 22
July 1, 2013
12-571a
Sec. 23
July 1, 2013
12-572
Sec. 24
July 1, 2013
12-573a
Sec. 25
July 1, 2013
12-574
Sec. 26
July 1, 2013
12-574a
Sec. 27
July 1, 2013
12-574c
Sec. 28
July 1, 2013
12-575(a)
Sec. 29
July 1, 2013
12-575(d)
Sec. 30
July 1, 2013
12-575(h) and (i)
Sec. 31
July 1, 2013
12-575c
Sec. 32
July 1, 2013
12-577
Sec. 33
July 1, 2013
12-578(a)
Sec. 34
July 1, 2013
12-579
Sec. 35
July 1, 2013
12-584
Sec. 36
July 1, 2013
12-585(b)
Sec. 37
July 1, 2013
12-815a(h)
Sec. 38
July 1, 2013
30-33b(h)
Sec. 39
July 1, 2013
30-39(b)
Sec. 40
July 1, 2013
30-48(a)
Sec. 41
July 1, 2013
30-59a
Sec. 42
July 1, 2013
12-802(a)
Sec. 43
July 1, 2013
12-802(h)
Sec. 44
July 1, 2013
12-806(b)(2)
Sec. 45
July 1, 2013
12-806a
Sec. 46
July 1, 2013
12-816
Sec. 47
July 1, 2013
15-120mm(c)
Sec. 48
July 1, 2013
15-120mm(f)
Sec. 49
July 1, 2013
New section
Sec. 50
July 1, 2013
Repealer section
PS Joint Favorable Subst.
GL Joint Favorable
PS
Joint Favorable Subst.
GL
Joint Favorable