Connecticut 2019 Regular Session

Connecticut House Bill HB07063 Compare Versions

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Version 2 (New)

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4		-	House Bill No. 7063
	7	+	General Assembly Raised Bill No. 7063
	8	+	January Session, 2019
	9	+	LCO No. 3526
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6		-	Public Act No. 19-46
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	12	+	Referred to Committee on VETERANS' AFFAIRS
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	14	+
	15	+	Introduced by:
	16	+	(VA)
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9	20		AN ACT CONCERNING LE ASING OF MILITARY DEPARTMENT
10	21		FACILITIES.
11	22		Be it enacted by the Senate and House of Representatives in General
12	23		Assembly convened:
13	24
14		-	Section 1. Subsections (b) to (d), inclusive, of section 27-39 of the
15		-	general statutes are repealed and the following is substituted in lieu
16		-	thereof (Effective July 1, 2019):
17		-	(b) The Adjutant General is charged with the responsibility for the
18		-	use, maintenance, security and leasing of all military facilities and
19		-	other military property under the provisions for such use imposed by
20		-	the statutes. Each military facility shall be under the charge of a
21		-	commissioned officer, designated by the Adjutant General. Each
22		-	application for the lease or use of such facility shall be made to the
23		-	Adjutant General, who shall approve or disapprove such application
24		-	and so advise the applicant. Prior to any such approval, each applicant
25		-	for lease or use of such facility shall furnish a certificate of insurance or
26		-	self-insurance indemnifying the state and federal governments against
27		-	any bodily injury to persons or damage to property. Any cost of such
28		-	certificate shall be in addition to any other cost incurred as a result of
29		-	such lease or use. Except as provided in subsection (e) of this section,
30		-	the Adjutant General shall limit the lease or use of military facilities to
31		-	(1) military organizations, including youth military organizations, (2) House Bill No. 7063
	25	+	Section 1. Subsections (b) to (d), inclusive, of section 27-39 of the 1
	26	+	general statutes are repealed and the following is substituted in lieu 2
	27	+	thereof (Effective July 1, 2019): 3
	28	+	(b) The Adjutant General is charged with the responsibility for the 4
	29	+	use, maintenance, security and leasing of all military facilities and 5
	30	+	other military property under the provisions for such use imposed by 6
	31	+	the statutes. Each military facility shall be under the charge of a 7
	32	+	commissioned officer, designated by the Adjutant General. Each 8
	33	+	application for the lease or use of such facility shall be made to the 9
	34	+	Adjutant General, who shall approve or disapprove such application 10
	35	+	and so advise the applicant. Prior to any such approval, each applicant 11
	36	+	for lease or use of such facility shall furnish a certificate of insurance or 12
	37	+	self-insurance indemnifying the state and federal governments against 13
	38	+	any bodily injury to persons or damage to property. Any cost of such 14
	39	+	certificate shall be in addition to any other cost incurred as a result of 15
	40	+	such lease or use. Except as provided in subsection (e) of this section, 16 Raised Bill No. 7063
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33		-	Public Act No. 19-46 2 of 3
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35		-	nonprofit organizations, (3) organizations receiving state aid, [and] (4)
36		-	governmental agencies, and (5) members of the armed forces of the
37		-	state. Proceeds from the lease of military facilities shall be paid to the
38		-	Adjutant General, who shall promptly transmit such proceeds, except
39		-	proceeds received from the lease of certain military facilities pursuant
40		-	to subsection (e) of this section, to the State Treasurer for deposit in the
41		-	military facilities account established under subsection (f) of this
42		-	section. The Adjutant General shall, in military facilities where space is
43		-	available, assign space to veterans' service organizations for their joint
44		-	uses, subject to the regulations concerning military facilities. Units of
45		-	the armed forces of the state and veterans' organizations jointly
46		-	utilizing military facilities shall be allowed the use of the drill shed and
47		-	such other common areas of the facility.
48		-	(c) Nothing in this chapter shall be construed as allowing the lease
49		-	or use of, or assignment of space in, any military facility (1) on the drill
50		-	night of any active military organization stationed in the facility or in a
51		-	manner that conflicts with the military usage of the facility, (2) at a
52		-	reduced rate, except as provided in subdivision (2) of subsection (d) of
53		-	this section, or (3) in a manner that conflicts with federal military
54		-	regulations or the use of the facility for military purposes. In no case
55		-	shall any lease approved by the Adjutant General pursuant to
56		-	subsection (b) of this section permit subleasing.
57		-	(d) (1) [The] Except as provided in subdivision (2) of this subsection,
58		-	the Adjutant General may allow lease or use of any military facility, at
59		-	a cost not exceeding the actual operating cost of such facility during
60		-	the period of such lease or use, to (A) any public or private nonprofit
61		-	elementary or secondary school or any public institution of higher
62		-	education for purposes of athletic events with respect to which no
63		-	admission is charged, (B) the American Red Cross for purposes of
64		-	blood supply programs, (C) any local, state or federal governmental
65		-	agency, (D) any agricultural or other association that receives state aid, House Bill No. 7063
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67		-	Public Act No. 19-46 3 of 3
	47	+	the Adjutant General shall limit the lease or use of military facilities to 17
	48	+	(1) military organizations, including youth military organizations, (2) 18
	49	+	nonprofit organizations, (3) organizations receiving state aid, [and] (4) 19
	50	+	governmental agencies, and (5) members of the armed forces of the 20
	51	+	state. Proceeds from the lease of military facilities shall be paid to the 21
	52	+	Adjutant General, who shall promptly transmit such proceeds, except 22
	53	+	proceeds received from the lease of certain military facilities pursuant 23
	54	+	to subsection (e) of this section, to the State Treasurer for deposit in the 24
	55	+	military facilities account established under subsection (f) of this 25
	56	+	section. The Adjutant General shall, in military facilities where space is 26
	57	+	available, assign space to veterans' service organizations for their joint 27
	58	+	uses, subject to the regulations concerning military facilities. Units of 28
	59	+	the armed forces of the state and veterans' organizations jointly 29
	60	+	utilizing military facilities shall be allowed the use of the drill shed and 30
	61	+	such other common areas of the facility. 31
	62	+	(c) Nothing in this chapter shall be construed as allowing the lease 32
	63	+	or use of, or assignment of space in, any military facility (1) on the drill 33
	64	+	night of any active military organization stationed in the facility or in a 34
	65	+	manner that conflicts with the military usage of the facility, (2) at a 35
	66	+	reduced rate, except as provided in subdivision (2) of subsection (d) of 36
	67	+	this section, or (3) in a manner that conflicts with federal military 37
	68	+	regulations or the use of the facility for military purposes. In no case 38
	69	+	shall any lease approved by the Adjutant General pursuant to 39
	70	+	subsection (b) of this section permit subleasing. 40
	71	+	(d) (1) [The] Except as provided in subdivision (2) of this subsection, 41
	72	+	the Adjutant General may allow lease or use of any military facility, at 42
	73	+	a cost not exceeding the actual operating cost of such facility during 43
	74	+	the period of such lease or use, to (A) any public or private nonprofit 44
	75	+	elementary or secondary school or any public institution of higher 45
	76	+	education for purposes of athletic events with respect to which no 46
	77	+	admission is charged, (B) the American Red Cross for purposes of 47
	78	+	blood supply programs, (C) any local, state or federal governmental 48
	79	+	agency, (D) any agricultural or other association that receives state aid, 49 Raised Bill No. 7063
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69		-	[or] (E) any charitable military organization, [except as provided in
70		-	subdivision (2) of this subsection] or (F) any member of the armed
71		-	forces of the state for the limited purpose of holding a ceremony to
72		-	recognize such member's significant military career event, including
73		-	promotion, receipt of an award, enlistment, commission as an officer,
74		-	marriage or retirement.
75		-	(2) The Adjutant General may allow use of any military facility, at
76		-	no cost, to any youth military organization.
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	86	+	[or] (E) any charitable military organization, [except as provided in 50
	87	+	subdivision (2) of this subsection] or (F) any member of the armed 51
	88	+	forces of the state for the limited purpose of holding a ceremony to 52
	89	+	recognize such member's significant military career event, including 53
	90	+	promotion, receipt of an award, enlistment, commission as an officer, 54
	91	+	marriage or retirement. 55
	92	+	(2) The Adjutant General may allow use of any military facility, at 56
	93	+	no cost, to any youth military organization. 57
	94	+	This act shall take effect as follows and shall amend the following
	95	+	sections:
	96	+
	97	+	Section 1 July 1, 2019 27-39(b) to (d)
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	99	+	VA Joint Favorable
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