4 | 4 | | HB.docx |
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6 | 6 | | |
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7 | 7 | | General Assembly Governor's Bill No. 7193 |
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8 | 8 | | January Session, 2019 |
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9 | 9 | | LCO No. 4433 |
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10 | 10 | | |
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11 | 11 | | |
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12 | 12 | | Referred to Committee on PUBLIC HEALTH |
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14 | 14 | | |
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15 | 15 | | Introduced by: |
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16 | 16 | | REP. ARESIMOWICZ, 30 |
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17 | 17 | | th |
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18 | 18 | | Dist. |
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19 | 19 | | REP. RITTER M., 1 |
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20 | 20 | | st |
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21 | 21 | | Dist. |
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22 | 22 | | SEN. LOONEY, 11 |
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23 | 23 | | th |
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24 | 24 | | Dist. |
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25 | 25 | | SEN. DUFF, 25 |
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26 | 26 | | th |
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27 | 27 | | Dist. |
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28 | 28 | | |
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29 | 29 | | |
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30 | 30 | | |
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31 | 31 | | |
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32 | 32 | | |
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33 | 33 | | AN ACT IMPLEMENTING THE GOVERNOR'S BUDGE T |
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34 | 34 | | RECOMMENDATIONS REGA RDING PUBLIC HEALTH. |
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35 | 35 | | Be it enacted by the Senate and House of Representatives in General |
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36 | 36 | | Assembly convened: |
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37 | 37 | | |
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38 | 38 | | Section 1. Subsection (a) of section 19a-55 of the general statutes is 1 |
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39 | 39 | | repealed and the following is substituted in lieu thereof (Effective 2 |
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40 | 40 | | October 1, 2019): 3 |
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41 | 41 | | (a) The administrative officer or other person in charge of each 4 |
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42 | 42 | | institution caring for newborn infants shall cause to have administered 5 |
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43 | 43 | | to every such infant in its care an HIV-related test, as defined in section 6 |
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44 | 44 | | 19a-581, a test for phenylketonuria and other metabolic diseases, 7 |
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45 | 45 | | hypothyroidism, galactosemia, sickle cell disease, maple syrup urine 8 |
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46 | 46 | | disease, homocystinuria, biotinidase deficiency, congenital adrenal 9 |
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47 | 47 | | hyperplasia, severe combined immunodeficiency disease, 10 |
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48 | 48 | | adrenoleukodystrophy and such other tests for inborn errors of 11 |
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49 | 49 | | metabolism as shall be prescribed by the Department of Public Health. 12 Bill No. 7193 |
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56 | 56 | | The tests shall be administered as soon after birth as is medically 13 |
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57 | 57 | | appropriate. If the mother has had an HIV-related test pursuant to 14 |
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58 | 58 | | section 19a-90 or 19a-593, the person responsible for testing under this 15 |
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59 | 59 | | section may omit an HIV-related test. The Commissioner of Public 16 |
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60 | 60 | | Health shall (1) administer the newborn screening program, (2) direct 17 |
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61 | 61 | | persons identified through the screening program to appropriate 18 |
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62 | 62 | | specialty centers for treatments, consistent with any applicable 19 |
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63 | 63 | | confidentiality requirements, and (3) set the fees to be charged to 20 |
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64 | 64 | | institutions to cover all expenses of the comprehensive screening 21 |
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65 | 65 | | program including testing, tracking and treatment. The fees to be 22 |
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66 | 66 | | charged pursuant to subdivision (3) of this subsection shall be set at a 23 |
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67 | 67 | | minimum of ninety-eight dollars. The Commissioner of Public Health 24 |
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68 | 68 | | shall publish a list of all the abnormal conditions for which the 25 |
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69 | 69 | | department screens newborns under the newborn screening program, 26 |
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70 | 70 | | which shall include screening for amino acid disorders, organic acid 27 |
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71 | 71 | | disorders, [and] fatty acid oxidation disorders, including, but not 28 |
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72 | 72 | | limited to, long-chain 3-hydroxyacyl CoA dehydrogenase (L-CHAD) 29 |
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73 | 73 | | and medium-chain acyl-CoA dehydrogenase (MCAD), and, subject to 30 |
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74 | 74 | | the approval of the Secretary of the Office of Policy and Management, 31 |
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75 | 75 | | any other disorder included on the recommended uniform screening 32 |
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76 | 76 | | panel pursuant to 42 USC 300b-10, as amended from time to time. 33 |
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77 | 77 | | Sec. 2. Section 19a-202 of the general statutes is repealed and the 34 |
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78 | 78 | | following is substituted in lieu thereof (Effective July 1, 2019): 35 |
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79 | 79 | | (a) Upon application to the Department of Public Health any 36 |
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80 | 80 | | municipal health department shall annually receive from the state an 37 |
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81 | 81 | | amount equal to one dollar and eighteen cents per capita, provided 38 |
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82 | 82 | | such municipality (1) employs a full-time director of health, except that 39 |
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83 | 83 | | if a vacancy exists in the office of director of health or the office is filled 40 |
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84 | 84 | | by an acting director for more than three months, such municipality 41 |
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85 | 85 | | shall not be eligible for funding unless the Commissioner of Public 42 |
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86 | 86 | | Health waives this requirement; (2) submits a public health program 43 |
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87 | 87 | | and budget which is approved by the Commissioner of Public Health; 44 |
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88 | 88 | | (3) appropriates not less than one dollar per capita, from the annual tax 45 Bill No. 7193 |
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95 | 95 | | receipts, for health department services; (4) has a population of fifty 46 |
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96 | 96 | | thousand or more; and (5) meets the requirements of section 19a-207a, 47 |
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97 | 97 | | within available appropriations. Such municipal department of health 48 |
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98 | 98 | | may use additional funds, which the Department of Public Health may 49 |
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99 | 99 | | secure from federal agencies or any other source and which it may 50 |
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100 | 100 | | allot to such municipal department of health. The money so received 51 |
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101 | 101 | | shall be disbursed upon warrants approved by the chief executive 52 |
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102 | 102 | | officer of such municipality. The Comptroller shall annually in July 53 |
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103 | 103 | | and upon a voucher of the Commissioner of Public Health, draw the 54 |
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104 | 104 | | Comptroller's order on the State Treasurer in favor of such municipal 55 |
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105 | 105 | | department of health for the amount due in accordance with the 56 |
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106 | 106 | | provisions of this section and under rules prescribed by the 57 |
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107 | 107 | | commissioner. Any moneys remaining unexpended at the end of a 58 |
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108 | 108 | | fiscal year shall be included in the budget of such municipal 59 |
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109 | 109 | | department of health for the ensuing year. This aid shall be rendered 60 |
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110 | 110 | | from appropriations made from time to time by the General Assembly 61 |
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111 | 111 | | to the Department of Public Health for this purpose. 62 |
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112 | 112 | | (b) The amount of payments made by the state to municipal health 63 |
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113 | 113 | | departments under subsection (a) of this section shall be reduced 64 |
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114 | 114 | | proportionately in the event that the total amount of such payments 65 |
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115 | 115 | | and the payments made under subsection (a) of section 19a-245, as 66 |
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116 | 116 | | amended by this act, in a fiscal year exceeds the amount appropriated 67 |
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117 | 117 | | for purposes of said subsections with respect to such fiscal year. 68 |
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118 | 118 | | Sec. 3. Section 19a-245 of the general statutes is repealed and the 69 |
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119 | 119 | | following is substituted in lieu thereof (Effective July 1, 2019): 70 |
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120 | 120 | | (a) Upon application to the Department of Public Health, each 71 |
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121 | 121 | | health district that has a total population of fifty thousand or more, or 72 |
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122 | 122 | | serves three or more municipalities irrespective of the combined total 73 |
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123 | 123 | | population of such municipalities, shall annually receive from the state 74 |
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124 | 124 | | an amount equal to one dollar and eighty-five cents per capita for each 75 |
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125 | 125 | | town, city and borough of such district, provided (1) the 76 |
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126 | 126 | | Commissioner of Public Health approves the public health program 77 |
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127 | 127 | | and budget of such health district, (2) the towns, cities and boroughs of 78 Bill No. 7193 |
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134 | 134 | | such district appropriate for the maintenance of the health district not 79 |
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135 | 135 | | less than one dollar per capita from the annual tax receipts, and (3) the 80 |
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136 | 136 | | health district meets the requirements of section 19a-207a, within 81 |
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137 | 137 | | available appropriations. Such district departments of health are 82 |
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138 | 138 | | authorized to use additional funds, which the Department of Public 83 |
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139 | 139 | | Health may secure from federal agencies or any other source and 84 |
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140 | 140 | | which it may allot to such district departments of health. The district 85 |
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141 | 141 | | treasurer shall disburse the money so received upon warrants 86 |
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142 | 142 | | approved by a majority of the board and signed by its chairman and 87 |
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143 | 143 | | secretary. The Comptroller shall quarterly, in July, October, January 88 |
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144 | 144 | | and April, upon such application and upon the voucher of the 89 |
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145 | 145 | | Commissioner of Public Health, draw the Comptroller's order on the 90 |
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146 | 146 | | State Treasurer in favor of such district department of health for the 91 |
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147 | 147 | | amount due in accordance with the provisions of this section and 92 |
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148 | 148 | | under rules prescribed by the commissioner. Any moneys remaining 93 |
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149 | 149 | | unexpended at the end of a fiscal year shall be included in the budget 94 |
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150 | 150 | | of the district for the ensuing year. This aid shall be rendered from 95 |
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151 | 151 | | appropriations made from time to time by the General Assembly to the 96 |
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152 | 152 | | Department of Public Health for this purpose. 97 |
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153 | 153 | | (b) The amount of payments made by the state to health districts 98 |
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154 | 154 | | under subsection (a) of this section shall be reduced proportionately in 99 |
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155 | 155 | | the event that the total amount of such payments and the payments 100 |
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156 | 156 | | made under subsection (a) of section 19a-202, as amended by this act, 101 |
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157 | 157 | | in a fiscal year exceeds the amount appropriated for purposes of said 102 |
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158 | 158 | | subsections with respect to such fiscal year. 103 |
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159 | 159 | | Sec. 4. (NEW) (Effective from passage) (a) As used in this section: 104 |
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160 | 160 | | (1) "Commissioner" means the Commissioner of Public Health, or 105 |
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161 | 161 | | the commissioner's designee; 106 |
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162 | 162 | | (2) "Community water system" means a public water system that 107 |
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163 | 163 | | regularly serves at least twenty-five residents; 108 |
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164 | 164 | | (3) "Consumer" has the same meaning as provided in section 25-32a 109 Bill No. 7193 |
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171 | 171 | | of the general statutes; 110 |
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172 | 172 | | (4) "Customer" means any (A) person, (B) firm, (C) corporation, (D) 111 |
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173 | 173 | | company, (E) association, (F) governmental unit, except a state agency, 112 |
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174 | 174 | | (G) lessee that, by the terms of a written lease or agreement, is 113 |
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175 | 175 | | responsible for the water bill, or (H) owner of property, that receives 114 |
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176 | 176 | | water service furnished by the water company; 115 |
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177 | 177 | | (5) "Department" means the Department of Public Health; 116 |
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178 | 178 | | (6) "Noncommunity water system" means a public water system 117 |
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179 | 179 | | that serves at least twenty-five persons at least sixty days of the year 118 |
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180 | 180 | | and is not a community water system; 119 |
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181 | 181 | | (7) "Nontransient noncommunity water system" means a 120 |
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182 | 182 | | noncommunity water system that regularly serves at least twenty-five 121 |
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183 | 183 | | of the same persons over six months per year; 122 |
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184 | 184 | | (8) "Public water system" means a water company that supplies 123 |
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185 | 185 | | drinking water to fifteen or more consumers or twenty-five or more 124 |
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186 | 186 | | persons daily at least sixty days of the year; 125 |
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187 | 187 | | (9) "Sanitary survey" means the review of a public water system by 126 |
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188 | 188 | | the department to evaluate the adequacy of the public water system, 127 |
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189 | 189 | | its sources of supply and operations and the distribution of safe 128 |
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190 | 190 | | drinking water; 129 |
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191 | 191 | | (10) "Service connection" means the service pipe from the water 130 |
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192 | 192 | | main to the curb stop or adjacent to the street line or property line, but 131 |
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193 | 193 | | shall not include a service pipe used only for fire service purposes; 132 |
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194 | 194 | | (11) "Transient noncommunity water system" means a 133 |
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195 | 195 | | noncommunity water system that does not meet the definition of a 134 |
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196 | 196 | | nontransient noncommunity water system; and 135 |
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197 | 197 | | (12) "Water company" has the same meaning as provided in section 136 |
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198 | 198 | | 25-32a of the general statutes. 137 Bill No. 7193 |
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205 | 205 | | (b) On or before August 1, 2019, and annually thereafter, the 138 |
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206 | 206 | | department shall issue a statement, in such manner as the department 139 |
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207 | 207 | | determines, to each water company that owns a community water 140 |
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208 | 208 | | system or systems showing the number of service connections such 141 |
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209 | 209 | | community water system or systems has listed in the department's 142 |
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210 | 210 | | records as of the date of issuance of the statement. 143 |
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211 | 211 | | (c) On or before October 1, 2019, and annually thereafter, the 144 |
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212 | 212 | | department, in consultation with the Office of Policy and Management, 145 |
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213 | 213 | | shall post on the department's Internet web site (1) the costs to support 146 |
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214 | 214 | | the department's ability to maintain primacy under the federal Safe 147 |
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215 | 215 | | Drinking Water Act, 42 USC 300f, et seq., as amended from time to 148 |
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216 | 216 | | time, which costs shall constitute the safe drinking water primacy 149 |
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217 | 217 | | assessment for the current fiscal year, and (2) the assessment amounts 150 |
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218 | 218 | | due, based on the posted costs and in accordance with subsection (d) 151 |
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219 | 219 | | of this section. 152 |
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220 | 220 | | (d) (1) For the fiscal year ending June 30, 2019, and each fiscal year 153 |
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221 | 221 | | thereafter, each water company that owns a community or 154 |
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222 | 222 | | nontransient noncommunity water system or systems shall pay 155 |
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223 | 223 | | annually to the department a safe drinking water primacy assessment 156 |
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224 | 224 | | amount in accordance with the following: (A) Each community water 157 |
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225 | 225 | | system having less than fifty service connections and nontransient 158 |
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226 | 226 | | noncommunity water system shall be assessed one hundred twenty-159 |
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227 | 227 | | five dollars; (B) each community water system having at least fifty but 160 |
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228 | 228 | | less than one hundred service connections shall be assessed one 161 |
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229 | 229 | | hundred fifty dollars; and (C) each community water system having at 162 |
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230 | 230 | | least one hundred service connections shall be assessed an amount 163 |
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231 | 231 | | established by the commissioner, not to exceed five dollars per service 164 |
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232 | 232 | | connection. For purposes of this subdivision, a community water 165 |
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233 | 233 | | system's service connections shall be determined in accordance with 166 |
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234 | 234 | | subsection (b) of this section. 167 |
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235 | 235 | | (2) On or before January 1, 2020, and annually thereafter, the 168 |
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236 | 236 | | department shall issue an invoice, in such manner as the department 169 |
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237 | 237 | | determines, to each water company that owns a community or 170 Bill No. 7193 |
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244 | 244 | | nontransient noncommunity water system or systems for the amount 171 |
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245 | 245 | | due pursuant to subdivision (1) of this subsection. Each such water 172 |
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246 | 246 | | company shall pay the amount invoiced, in the same year the 173 |
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247 | 247 | | department issued in the invoice, in accordance with the following 174 |
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248 | 248 | | schedule: 175 |
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249 | 249 | | (A) A nontransient noncommunity water system shall pay one 176 |
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250 | 250 | | hundred per cent of the amount invoiced on or before March first; 177 |
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251 | 251 | | (B) A community water system having less than one hundred 178 |
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252 | 252 | | service connections shall pay one hundred per cent of the invoiced 179 |
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253 | 253 | | amount invoiced on or before May first; and 180 |
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254 | 254 | | (C) A community water system having one hundred or more service 181 |
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255 | 255 | | connections shall pay fifty per cent of the invoiced amount by March 182 |
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256 | 256 | | first and the remaining fifty per cent of the amount invoiced by May 183 |
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257 | 257 | | first. 184 |
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258 | 258 | | (e) (1) Commencing January 1, 2022, each water company that owns 185 |
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259 | 259 | | a transient noncommunity water system or systems for which the 186 |
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260 | 260 | | department conducted a sanitary survey in the prior year shall pay to 187 |
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261 | 261 | | the department a safe drinking water primacy assessment of one 188 |
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262 | 262 | | hundred fifty dollars. 189 |
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263 | 263 | | (2) On or before March 1, 2022, and annually thereafter, the 190 |
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264 | 264 | | department shall issue an invoice, in such manner as the department 191 |
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265 | 265 | | determines, to each water company that owns a transient 192 |
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266 | 266 | | noncommunity water system or systems that had a sanitary survey 193 |
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267 | 267 | | conducted by the department in the previous year for the amount due 194 |
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268 | 268 | | pursuant to subdivision (1) of this subsection. Each such water 195 |
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269 | 269 | | company shall pay the amount invoiced on or before May thirty-first 196 |
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270 | 270 | | of the year in which the department issued the invoice. 197 |
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271 | 271 | | (f) If a water company is acquired by another water company for 198 |
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272 | 272 | | any reason, the acquiring water company shall pay the amount due to 199 |
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273 | 273 | | the department for the acquired water company's assessment under 200 |
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274 | 274 | | subsections (d) and (e) of this section. 201 Bill No. 7193 |
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281 | 281 | | (g) (1) A water company that owns a community water system may 202 |
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282 | 282 | | collect the assessment amount due for the community water system 203 |
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283 | 283 | | from a customer of such community water system. The amount 204 |
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284 | 284 | | collected by the water company from an individual customer may be a 205 |
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285 | 285 | | pro rata share of such assessment amount. Such amount may appear as 206 |
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286 | 286 | | a separate item on the customer's bills. 207 |
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287 | 287 | | (2) The assessment amount due for a community water system 208 |
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288 | 288 | | under subdivision (1) of this subsection may be adopted in rates 209 |
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289 | 289 | | through the existing rate approval process for the water company or 210 |
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290 | 290 | | may appear as a separate item identified as an assessment on each 211 |
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291 | 291 | | customer's bill without requiring a revision to or approval of the 212 |
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292 | 292 | | schedule of authorized rates and charges for the water company that is 213 |
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293 | 293 | | otherwise required pursuant to section 7-239 or 16-19 of the general 214 |
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294 | 294 | | statutes or any other special act or enabling legislation establishing a 215 |
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295 | 295 | | water company. Such charges shall be subject to the past due and 216 |
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296 | 296 | | collection procedures, including interest charges, of the water 217 |
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297 | 297 | | company as are applicable to any other authorized customer charge or 218 |
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298 | 298 | | fee. 219 |
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299 | 299 | | (h) The requirement for a water company to pay the assessment 220 |
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300 | 300 | | shall terminate immediately if the department no longer has primacy 221 |
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301 | 301 | | under the federal Safe Drinking Water Act, 42 USC 300f, et seq., as 222 |
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302 | 302 | | amended from time to time, whether removed by the federal 223 |
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303 | 303 | | Environmental Protection Agency or through any other action by a 224 |
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304 | 304 | | state or federal authority. If the assessment is terminated and not 225 |
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305 | 305 | | reinstated on or before one hundred eighty days after such 226 |
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306 | 306 | | termination, the water company shall credit its customers any amounts 227 |
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307 | 307 | | collected from such customers for such assessment amount that the 228 |
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308 | 308 | | water company is no longer required to pay to the department. 229 |
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309 | 309 | | (i) If any assessment is not paid on or before thirty days after the 230 |
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310 | 310 | | date when such assessment is due, the commissioner may impose a fee 231 |
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311 | 311 | | equal to one and one-half per cent of such assessment for each month 232 |
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312 | 312 | | of nonpayment beyond such initial thirty-day period unless the water 233 |
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313 | 313 | | company that has not paid such assessment is a town, city or borough, 234 Bill No. 7193 |
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320 | 320 | | in which case the water company shall be subject to the provisions of 235 |
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321 | 321 | | section 12-38 of the general statutes. 236 |
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322 | 322 | | (j) On or before December 1, 2019, and annually thereafter, the 237 |
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323 | 323 | | department shall post on its Internet web site and submit to the 238 |
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324 | 324 | | Governor and the joint standing committee of the General Assembly 239 |
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325 | 325 | | having cognizance of matters relating to public health, in accordance 240 |
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326 | 326 | | with the provisions of section 11-4a of the general statutes, a report 241 |
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327 | 327 | | that shall include: (1) Resources dedicated to supporting the 242 |
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328 | 328 | | department's ability to maintain primacy under the federal Safe 243 |
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329 | 329 | | Drinking Water Act, 42 USC 300f, et seq., as amended from time to 244 |
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330 | 330 | | time, in the previous fiscal year; (2) the number of full-time equivalent 245 |
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331 | 331 | | positions that performed the required functions to maintain primacy in 246 |
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332 | 332 | | the previous fiscal year; and (3) quality improvement strategies the 247 |
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333 | 333 | | department has deployed to streamline operations to make efficient 248 |
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334 | 334 | | and effective use of staff and resources. 249 |
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335 | 335 | | (k) The commissioner may adopt regulations, in accordance with 250 |
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336 | 336 | | the provisions of chapter 54 of the general statutes, to carry out the 251 |
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337 | 337 | | provisions of this section. 252 |
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338 | 338 | | (l) State agencies shall be exempt from the requirements of 253 |
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339 | 339 | | subsections (d) to (i), inclusive, of this section. 254 |
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340 | 340 | | Sec. 5. Section 19a-202b of the general statutes is repealed. (Effective 255 |
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341 | 341 | | July 1, 2019) 256 |
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342 | 342 | | This act shall take effect as follows and shall amend the following |
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343 | 343 | | sections: |
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344 | 344 | | |
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345 | 345 | | Section 1 October 1, 2019 19a-55(a) |
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346 | 346 | | Sec. 2 July 1, 2019 19a-202 |
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347 | 347 | | Sec. 3 July 1, 2019 19a-245 |
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348 | 348 | | Sec. 4 from passage New section |
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349 | 349 | | Sec. 5 July 1, 2019 Repealer section |
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350 | 350 | | |
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351 | 351 | | PH Joint Favorable Bill No. 7193 |
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