Connecticut 2019 Regular Session

Connecticut Senate Bill SB00872 Compare Versions

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Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 872
	5	+	General Assembly Governor's Bill No. 872
8	6		January Session, 2019
	7	+	LCO No. 4474
	8	+
	9	+
	10	+	Referred to Committee on APPROPRIATIONS
	11	+
	12	+
	13	+	Introduced by:
	14	+	SEN. LOONEY, 11
	15	+	th
	16	+	Dist.
	17	+	SEN. DUFF, 25
	18	+	th
	19	+	Dist.
	20	+	REP. ARESIMOWICZ, 30
	21	+	th
	22	+	Dist.
	23	+	REP. RITTER M., 1
	24	+	st
	25	+	Dist.
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14	32		AN ACT IMPLEMENTING THE GOVERNOR'S BUDGE T
15	33		RECOMMENDATIONS FOR GENERAL GOVERNMENT.
16	34		Be it enacted by the Senate and House of Representatives in General
17	35		Assembly convened:
18	36
19	37		Section 1. Subsection (a) of section 12-7c of the general statutes is 1
20	38		repealed and the following is substituted in lieu thereof (Effective from 2
21	39		passage): 3
22	40		(a) The Commissioner of Revenue Services shall, on or before 4
23	41		February 15, [2020] 2022, and biennially thereafter, submit to the joint 5
24	42		standing committee of the General Assembly having cognizance of 6
25	43		matters relating to finance, revenue and bonding, and post on the 7
26	44		department's Internet web site a report on the overall incidence of the 8
27	45		income tax, sales and excise taxes, the corporation business tax and 9
28	46		property tax. The report shall present information on the distribution 10
29	47		of the tax burden as follows: 11
	48	+	Governor's Bill No. 872
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	50	+
	51	+
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	53	+
30	54		(1) For individuals: 12
31	55		(A) Income classes, including income distribution expressed for 13
32	56		every ten percentage points; and 14
33	57		(B) Other appropriate taxpayer characteristics, as determined by 15
34		-	said commissioner. 16 Substitute Bill No. 872
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	58	+	said commissioner. 16
41	59		(2) For businesses: 17
42	60		(A) Business size as established by gross receipts; 18
43	61		(B) Legal organization; and 19
44	62		(C) Industry by NAICS code. 20
45	63		Sec. 2. Section 4-8 of the general statutes is repealed and the 21
46	64		following is substituted in lieu thereof (Effective from passage): 22
47	65		Each department head shall be qualified by training and experience 23
48	66		for the duties of his or her office. Each department head shall act as the 24
49	67		executive officer of the Governor for accomplishing the purposes of his 25
50	68		or her department. [He] Each department head shall (1) conduct 26
51	69		comprehensive planning with respect to the functions of his or her 27
52	70		department and coordinate the activities and programs of the state 28
53	71		agencies therein; [. He shall] (2) cause the administrative organization 29
54	72		of [said] such department to be examined with a view to promoting 30
55	73		economy and efficiency; [. He shall] and (3) organize the department 31
56	74		and any agency therein into such divisions, bureaus or other units as 32
57	75		he or she deems necessary for the efficient conduct of the business of 33
58	76		the department. [and] Each department head may from time to time 34
59	77		abolish, transfer or consolidate within the department or any agency 35
60	78		therein any division, bureau or other unit as may be necessary for the 36
61	79		efficient conduct of the business of the department, provided such 37
62	80		organization shall include any division, bureau or other unit which is 38
63	81		specifically required by the general statutes. Each department head 39
64	82		may appoint such deputies as may be necessary for the efficient 40
	83	+	Governor's Bill No. 872
	84	+
	85	+
	86	+
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	88	+
65	89		conduct of the business of the department. Each department head shall 41
66	90		designate one deputy who shall, in the absence or disqualification of 42
67	91		the department head or on his or her death, exercise the powers and 43
68	92		duties of the department head until [he] the department head resumes 44
69	93		his or her duties or the vacancy is filled. Such deputies shall serve at 45
70	94		the pleasure of the department head. Such appointees shall devote 46
71		-	their full time to their duties with the department or agency and shall 47 Substitute Bill No. 872
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	95	+	their full time to their duties with the department or agency and shall 47
78	96		engage in no other gainful employment. Subject to the provisions of 48
79	97		chapter 67, each department head shall appoint such other employees 49
80	98		as may be necessary for the discharge of his or her duties. [He is 50
81	99		empowered to] Each department head may make regulations for the 51
82	100		conduct of his or her department. Each department head may enter 52
83	101		into [such] contractual agreements, including, but not limited to, 53
84	102		contractual agreements with other states, in accordance with 54
85	103		established procedures, as may be necessary for the discharge of his or 55
86	104		her duties. Subject to the provisions of section 4-32, and unless 56
87	105		otherwise provided by law, each department head is authorized to 57
88	106		receive any money, revenue or services from the federal government, 58
89	107		corporations, associations or individuals, including payments from the 59
90	108		sale of printed matter or any other material or services. Each 60
91	109		department head may create such advisory boards as he or she deems 61
92	110		necessary. 62
93		-	Sec. 3. Subsection (a) of section 10a-8c of the general statutes is 63
94		-	repealed and the following is substituted in lieu thereof (Effective from 64
95		-	passage): 65
96		-	(a) Except as provided in subsection (b) of this section, 66
97		-	notwithstanding the provisions of sections 10a-77a, 10a-99a, 10a-109c, 67
98		-	10a-109i and 10a-143a, no funds shall be appropriated to the Office of 68
99		-	Higher Education for grants pursuant to subdivision (2) of subsection 69
100		-	(a) of section 10a-77a, subdivision (2) of subsection (a) of section 10a-70
101		-	99a, subdivision (2) of subsection (b) of section 10a-109i and 71
102		-	subdivision (2) of subsection (a) of section 10a-143a: (1) Until such time 72
103		-	as the amount in the Budget Reserve Fund, established in section 4-73
104		-	30a, equals [ten] fifteen per cent of the net General Fund 74
105		-	appropriations for the fiscal year in progress, (2) the amount of the 75
106		-	grants appropriated shall be reduced proportionately if the amount 76
107		-	available is less than the amount required for such grants, and (3) the 77
108		-	amount of funds available to be appropriated during any fiscal year 78
109		-	for such grants shall not exceed twenty-five million dollars. 79
110		-	Sec. 4. Subsection (b) of section 10a-8 of the general statutes is 80 Substitute Bill No. 872
	111	+	Sec. 3. Section 4-68s of the general statutes is repealed and the 63
	112	+	following is substituted in lieu thereof (Effective from passage): 64
	113	+	(a) Not later than October 1, 2018, and annually thereafter, the 65
	114	+	Departments of Correction, Children and Families, Mental Health and 66
	115	+	Addiction Services and Social Services and the Court Support Services 67
	116	+	Division of the Judicial Branch shall compile a program inventory of 68
	117	+	each of said agency's programs and shall categorize them as evidence-69
	118	+	based, research-based, promising or lacking any evidence. Each 70
	119	+	program inventory shall include a complete list of all agency 71
	120	+	programs, including the following information for each such program 72
	121	+	for the prior fiscal year, as applicable: (1) A detailed description of the 73
	122	+	Governor's Bill No. 872
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117		-	repealed and the following is substituted in lieu thereof (Effective from 81
118		-	passage): 82
119		-	(b) The boards of trustees of each of the constituent units may 83
120		-	transfer to or from any specific appropriation of such constituent unit a 84
121		-	sum or sums totaling up to [fifty] one hundred seventy-five thousand 85
122		-	dollars or ten per cent of any such specific appropriation, whichever is 86
123		-	less, in any fiscal year without the consent of the Finance Advisory 87
124		-	Committee. Any such transfer shall be reported to the Finance 88
125		-	Advisory Committee within thirty days of such transfer and such 89
126		-	report shall be a record of said committee. 90
127		-	Sec. 5. (Effective July 1, 2019) Notwithstanding the provisions of 91
128		-	subsection (c) of section 4-66l of the general statutes: 92
129		-	(1) For the fiscal year ending June 30, 2020, municipal transition 93
130		-	grants to municipalities that impose mill rates on real property and 94
131		-	personal property other than motor vehicles greater than 45 mills or 95
132		-	that, when combined with the mill rate of any district located within 96
133		-	the municipality, impose mill rates greater than 45 mills, shall be made 97
134		-	in an amount equal to the difference between the amount of property 98
135		-	taxes levied by the municipality and any district located within the 99
136		-	municipality on motor vehicles for the assessment year commencing 100
137		-	October 1, 2016, and the amount such levy would have been if the mill 101
138		-	rate on motor vehicles for said assessment year was equal to the mill 102
139		-	rate imposed by such municipality and any district located within the 103
140		-	municipality on real property and personal property other than motor 104
141		-	vehicles; and 105
142		-	(2) For the fiscal year ending June 30, 2021, municipal transition 106
143		-	grants to municipalities that impose mill rates on real property and 107
144		-	personal property, other than motor vehicles, greater than 45 mills or 108
145		-	that, when combined with the mill rate of any district located within 109
146		-	the municipality, impose mill rates greater than 45 mills, shall be made 110
147		-	in an amount equal to the difference between the amount of property 111
148		-	taxes levied by the municipality and any district located within the 112 Substitute Bill No. 872
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	127	+
	128	+	program, (2) the names of providers, (3) the intended treatment 74
	129	+	population, (4) the intended outcomes, (5) the method of assigning 75
	130	+	participants, (6) the total annual program expenditures, (7) a 76
	131	+	description of funding sources, (8) the cost per participant, (9) the 77
	132	+	annual number of participants, (10) the annual capacity for 78
	133	+	participants, and (11) the estimated number of persons eligible for, or 79
	134	+	needing, the program. 80
	135	+	(b) Each program inventory required by subsection (a) of this 81
	136	+	section shall be submitted in accordance with the provisions of section 82
	137	+	11-4a to the Secretary of the Office of Policy and Management, the joint 83
	138	+	standing committees of the General Assembly having cognizance of 84
	139	+	matters relating to children, human services, appropriations and the 85
	140	+	budgets of state agencies and finance, revenue and bonding, the Office 86
	141	+	of Fiscal Analysis, and the Institute for Municipal and Regional Policy 87
	142	+	at Central Connecticut State University. 88
	143	+	(c) Not later than November 1, 2018, and annually thereafter by 89
	144	+	November first, the Institute for Municipal and Regional Policy at 90
	145	+	Central Connecticut State University shall submit a report containing a 91
	146	+	cost-benefit analysis of the programs inventoried in subsection (a) of 92
	147	+	this section to the Secretary of the Office of Policy and Management, 93
	148	+	the joint standing committees of the General Assembly having 94
	149	+	cognizance of matters relating to children, appropriations and the 95
	150	+	budgets of state agencies and finance, revenue and bonding, and the 96
	151	+	Office of Fiscal Analysis, in accordance with the provisions of section 97
	152	+	11-4a. 98
	153	+	(d) The Office of Policy and Management and the Office of Fiscal 99
	154	+	Analysis may include the cost-benefit analysis provided by the 100
	155	+	Institute for Municipal and Regional Policy under subsection (c) of this 101
	156	+	section in their reports submitted to the joint standing committees of 102
	157	+	the General Assembly having cognizance of matters relating to 103
	158	+	children, appropriations and the budgets of state agencies and finance, 104
	159	+	revenue and bonding on or before November fifteenth annually, 105
	160	+	Governor's Bill No. 872
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155		-	municipality on motor vehicles for the assessment year commencing 113
156		-	October 1, 2017, and the amount such levy would have been if the mill 114
157		-	rate on motor vehicles for said assessment year was equal to the mill 115
158		-	rate imposed by such municipality and any district located within the 116
159		-	municipality on real property and personal property other than motor 117
160		-	vehicles. 118
161		-	Sec. 6. Section 31-230 of the general statutes is repealed and the 119
162		-	following is substituted in lieu thereof (Effective from passage): 120
163		-	(a) An individual's benefit year shall commence with the beginning 121
164		-	of the week with respect to which the individual has filed a valid 122
165		-	initiating claim and shall continue through the Saturday of the fifty-123
166		-	first week following the week in which it commenced, provided no 124
167		-	benefit year shall end until after the end of the third complete calendar 125
168		-	quarter, plus the remainder of any uncompleted calendar week that 126
169		-	began in such quarter, following the calendar quarter in which it 127
170		-	commenced, and provided further, the benefit year of an individual 128
171		-	who has filed a combined wage claim, as described in subsection (b) of 129
172		-	section 31-255, shall be the benefit year prescribed by the law of the 130
173		-	paying state. In no event shall a benefit year be established before the 131
174		-	termination of an existing benefit year previously established under 132
175		-	the provisions of this chapter. Except as provided in subsection (b) of 133
176		-	this section, the base period of a benefit year shall be the first four of 134
177		-	the five most recently completed calendar quarters prior to such 135
178		-	benefit year, provided such quarters were not previously used to 136
179		-	establish a prior valid benefit year and provided further, the base 137
180		-	period with respect to a combined wage claim, as described in 138
181		-	subsection (b) of section 31-255, shall be the base period of the paying 139
182		-	state, except that for any individual who is eligible to receive or is 140
183		-	receiving workers' compensation or who is properly absent from work 141
184		-	under the terms of the employer's sick leave or disability leave policy, 142
185		-	the base period shall be the first four of the five most recently worked 143
186		-	quarters prior to such benefit year, provided such quarters were 144
187		-	consecutive and not previously used to establish a prior valid benefit 145 Substitute Bill No. 872
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	165	+
	166	+	pursuant to subsection (b) of section 2-36b. 106
	167	+	[(e) Not later than January 1, 2019, the Secretary of the Office of 107
	168	+	Policy and Management shall create a pilot program that applies the 108
	169	+	principles of the Pew-MacArthur Results First cost-benefit analysis 109
	170	+	model, with the overall goal of promoting cost-effective policies and 110
	171	+	programming by the state, to at least eight grant programs financed by 111
	172	+	the state selected by the secretary. Such grant programs shall include, 112
	173	+	but need not be limited to, programs that provide services for families 113
	174	+	in the state, employment programs and at least one contracting 114
	175	+	program that is provided by a state agency with an annual budget of 115
	176	+	over two hundred million dollars. 116
	177	+	(f) Not later than April 1, 2019, the Secretary of the Office of Policy 117
	178	+	and Management shall submit a report, in accordance with the 118
	179	+	provisions of section 11-4a, to the joint standing committee of the 119
	180	+	General Assembly having cognizance of matter s relating to 120
	181	+	appropriations and the budgets of state agencies. Such report shall 121
	182	+	include, but need not be limited to, a description of the grant programs 122
	183	+	the secretary has included in the pilot program described in subsection 123
	184	+	(e) of this section, the status of the pilot program and any 124
	185	+	recommendations.] 125
	186	+	Sec. 4. Subsection (a) of section 10a-8c of the general statutes is 126
	187	+	repealed and the following is substituted in lieu thereof (Effective from 127
	188	+	passage): 128
	189	+	(a) Except as provided in subsection (b) of this s ection, 129
	190	+	notwithstanding the provisions of sections 10a-77a, 10a-99a, 10a-109c, 130
	191	+	10a-109i and 10a-143a, no funds shall be appropriated to the Office of 131
	192	+	Higher Education for grants pursuant to subdivision (2) of subsection 132
	193	+	(a) of section 10a-77a, subdivision (2) of subsection (a) of section 10a-133
	194	+	99a, subdivision (2) of subsection (b) of section 10a-109i and 134
	195	+	subdivision (2) of subsection (a) of section 10a-143a: (1) Until such time 135
	196	+	as the amount in the Budget Reserve Fund, established in section 4-136
	197	+	Governor's Bill No. 872
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194		-	~~year and provided further,~~ ~~the last most recently worked calendar 146~~
195		-	~~quarter is no more than twelve calendar quarters prior to the date such 147~~
196		-	~~individual makes an initiating claim. As used in this section~~, ~~an 148~~
197		-	~~initiating claim shall be deemed valid if~~ the ~~individual is unemployed 149~~
198		-	~~and meets~~ the ~~requirements of subdivisions (1) and (3) of subsection 150~~
199		-	~~(a) of section 31-235.~~ The ~~base period of an individual's benefit year 151~~
200		-	~~shall include wages paid by~~ any ~~nonprofit organization electing 152~~
201		-	~~reimbursement in lieu of contributions,~~ ~~or by the state and by any 153~~
202		-	~~town, city or other political or governmental subdivision~~ of ~~or in this 154~~
203		-	~~state or of any municipality to such person with respect to whom such 155~~
204		-	~~employer is subject to the provisions of this chapter. With respect to 156~~
205		-	~~weeks~~ of ~~unemployment beginning on or after January 1,~~ ~~1978, wages 157~~
206		-	~~for insured work shall include wages paid for previously uncovered 158~~
207		-	~~services. For purposes of this section,~~ ~~the term "previously~~ ~~uncovered 159~~
208		-	~~services" means services that (1) were not employment~~, ~~as defined in 160~~
209		-	~~section 31-222~~, ~~and were not services covered pursuant to section 31-161~~
210		-	~~223, at~~ any ~~time during~~ the ~~one-year period ending December 31, 1975; 162~~
211		-	~~and (2) (A) are agricultural labor, as defined in subparagraph (H)~~ of ~~163~~
212		-	~~subdivision (1)~~ of ~~subsection (a) of section 31-222, or domestic service, 164~~
213		-	~~as defined in subparagraph~~ (J) of ~~subdivision (1)~~ of ~~subsection (a) of 165~~
214		-	~~section 31-222, or~~ (~~B) are services performed by an employee of this 166~~
215		-	~~state or a political subdivision of this state~~, ~~as provided in 167~~
216		-	~~subparagraph~~ (C) ~~of subdivision (1) of subsection (~~a~~) of section 31-222, 168~~
217		-	~~or by an employee~~ of a ~~nonprofit educational institution that is not an 169~~
218		-	~~institution~~ of ~~higher education,~~ ~~as provided in subparagraph (E)(iii) of 170~~
219		-	~~subdivision (1)~~ of ~~subsection (a) of section 31-222, except to the extent 171~~
220		-	~~that assistance under Title II~~ of ~~the Emergency Jobs and 172~~
221		-	~~Unemployment Assistance Act~~ of ~~1974 was paid on~~ the ~~basis of such 173~~
222		-	~~services~~. ~~174~~
223		-	~~(b)~~ The ~~base period~~ of ~~a benefit year for any individual who is 175~~
224		-	~~ineligible~~ to ~~receive benefits using~~ the ~~base period set forth in 176~~
225		-	~~subsection (a) of this section shall be~~ the ~~four most recently completed 177~~
226		-	~~calendar quarters prior~~ to the ~~individual's benefit year,~~ ~~provided such 178~~
227		-	~~quarters were not previously used to establish a prior valid benefit 179 Substitute~~ Bill No. 872
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	203	+	30a, equals [ten] fifteen per cent of the net General Fund 137
	204	+	appropriations for the fiscal year in progress, (2) the amount of the 138
	205	+	grants appropriated shall be reduced proportionately if the amount 139
	206	+	available is less than the amount required for such grants, and (3) the 140
	207	+	amount of funds available to be appropriated during any fiscal year 141
	208	+	for such grants shall not exceed twenty-five million dollars. 142
	209	+	Sec. 5. Subsection (b) of section 10a-8 of the general statutes is 143
	210	+	repealed and the following is substituted in lieu thereof (Effective from 144
	211	+	passage): 145
	212	+	(b) The boards of trustees of each of the constituent units may 146
	213	+	transfer to or from any specific appropriation of such constituent unit a 147
	214	+	sum or sums totaling up to [fifty] one hundred seventy-five thousand 148
	215	+	dollars or ten per cent of any such specific appropriation, whichever is 149
	216	+	less, in any fiscal year without the consent of the Finance Advisory 150
	217	+	Committee. Any such transfer shall be reported to the Finance 151
	218	+	Advisory Committee within thirty days of such transfer and such 152
	219	+	report shall be a record of said committee. 153
	220	+	Sec. 6. Subsection (e) of section 7-34a of the general statutes is 154
	221	+	repealed and the following is substituted in lieu thereof (Effective July 155
	222	+	1, 2019): 156
	223	+	(e) In addition to the fees for recording a document under 157
	224	+	subsection (a) of this section, town clerks shall receive a fee of forty 158
	225	+	dollars for each document recorded in the land records of the 159
	226	+	municipality. The town clerk shall retain one dollar of any fee paid 160
	227	+	pursuant to this subsection and three dollars of such fee shall become 161
	228	+	part of the general revenue of the municipality and be used to pay for 162
	229	+	local capital improvement projects, as defined in section 7-536. Not 163
	230	+	later than the fifteenth day of each month, town clerks shall remit 164
	231	+	thirty-six dollars of the fees paid pursuant to this subsection during the 165
	232	+	previous calendar month to the State Treasurer [. Upon] for deposit in 166
	233	+	the General Fund. [, such amount shall be credited to the community 167
	234	+	Governor's Bill No. 872
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234		-	year, except that for any such individual who is eligible to receive or is 180
235		-	receiving workers' compensation or who is properly absent from work 181
236		-	under the terms of an employer's sick leave or disability leave policy, 182
237		-	the base period shall be the four most recently worked calendar 183
238		-	quarters prior to such benefit year, provided such quarters were 184
239		-	consecutive and not previously used to establish a prior valid benefit 185
240		-	year and provided further, the last most recently worked calendar 186
241		-	quarter is not more than twelve calendar quarters prior to the date 187
242		-	such individual makes the initiating claim. If the wage information for 188
243		-	an individual's most recently worked calendar quarter is unavailable 189
244		-	to the administrator from regular quarterly reports of systematically 190
245		-	accessible wage information, the administrator shall promptly contact 191
246		-	the individual's employer to obtain such wage information. 192
247		-	Sec. 7. Subsection (b) of section 31-273 of the general statutes is 193
248		-	repealed and the following is substituted in lieu thereof (Effective from 194
249		-	passage): 195
250		-	(b) (1) Any person who, by reason of fraud, wilful misrepresentation 196
251		-	or wilful nondisclosure by such person or by another of a material fact, 197
252		-	has received any sum as benefits under this chapter while any 198
253		-	condition for the receipt of benefits imposed by this chapter was not 199
254		-	fulfilled in such person's case, or has received a greater amount of 200
255		-	benefits than was due such person under this chapter, shall be charged 201
256		-	with an overpayment and shall be liable to repay to the administrator 202
257		-	for the Unemployment Compensation Fund a sum equal to the 203
258		-	amount so overpaid to such person. If such person does not make 204
259		-	repayment in full of the sum overpaid, the administrator shall recoup 205
260		-	such sum by offset from such person's unemployment benefits. The 206
261		-	deduction from benefits shall be one hundred per cent of the person's 207
262		-	weekly benefit entitlement until the full amount of the overpayment 208
263		-	has been recouped. Where such offset is insufficient to recoup the full 209
264		-	amount of the overpayment, the claimant shall repay the remaining 210
265		-	amount plus, for any determination of an overpayment made on or 211
266		-	after July 1, 2005, interest at the rate of one per cent of the amount so 212 Substitute Bill No. 872
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	239	+
	240	+	investment account established pursuant to section 4-66aa.] The 168
	241	+	provisions of this subsection shall not apply to any document recorded 169
	242	+	on the land records by an employee of the state or of a municipality in 170
	243	+	conjunction with such employee's official duties. As used in this 171
	244	+	subsection, "municipality" includes each town, consolidated town and 172
	245	+	city, city, consolidated town and borough, borough, and district, as 173
	246	+	defined in chapter 105 or 105a, any municipal corporation or 174
	247	+	department thereof created by a special act of the General Assembly, 175
	248	+	and each municipal board, commission and taxing dis trict not 176
	249	+	previously mentioned. 177
	250	+	Sec. 7. Subsection (h) of section 49-10 of the general statutes is 178
	251	+	repealed and the following is substituted in lieu thereof (Effective July 179
	252	+	1, 2019): 180
	253	+	(h) Notwithstanding the provisions concerning remittance and 181
	254	+	retention of fees set forth in section 7-34a, as amended by this act, the 182
	255	+	recording fees paid in accordance with subsections (a), (d) and (e) of 183
	256	+	[said] section 7-34a by a nominee of a mortgagee, as defined in 184
	257	+	subdivision (2) of subsection (a) of [said] section 7-34a, shall be 185
	258	+	allocated as follows: (1) For fees collected upon a recording by a 186
	259	+	nominee of a mortgagee, except for the recording of (A) an assignment 187
	260	+	of mortgage in which the nominee of a mortgagee appears as assignor, 188
	261	+	and (B) a release of mortgage, as described in section 49-8, by a 189
	262	+	nominee of a mortgagee, the town clerk shall remit one hundred ten 190
	263	+	dollars of such fees to the state, such fees shall be deposited into the 191
	264	+	General Fund; [and, upon deposit in the General Fund, thirty-six 192
	265	+	dollars of such fees shall be credited to the community investment 193
	266	+	account established pursuant to section 4-66aa;] the town clerk shall 194
	267	+	retain forty-nine dollars of such fees, thirty-nine dollars of which shall 195
	268	+	become part of the general revenue of such municipality and ten 196
	269	+	dollars of which shall be deposited into the town clerk fund; and the 197
	270	+	town clerk shall retain any fees for additional pages beyond the first 198
	271	+	page in accordance with the provisions of subdivision (2) of subsection 199
	272	+	(a) of [said] section 7-34a; and (2) for the fee collected upon a recording 200
	273	+	Governor's Bill No. 872
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273		-	overpaid per month, in accordance with a repayment schedule as 213
274		-	determined by the examiner. If the claimant fails to repay according to 214
275		-	the schedule, the administrator may recover such overpayment plus 215
276		-	interest through a wage execution against the claimant's earnings upon 216
277		-	the claimant's return to work in accordance with the provisions of 217
278		-	section 52-361a. In addition, the administrator may request the 218
279		-	Commissioner of Administrative Services to seek reimbursement for 219
280		-	such amount pursuant to section 12-742. If the administrator's actions 220
281		-	are insufficient to recover such overpayment, the administrator may 221
282		-	submit the outstanding balance to the Internal Revenue Service for the 222
283		-	purpose of offsetting the claimant's federal tax refund pursuant to 26 223
284		-	USC 6402(f), 31 USC 3720A or other applicable federal laws. The 224
285		-	administrator is authorized, eight years after the payment of any 225
286		-	benefits described in this subsection, to cancel any claim for such 226
287		-	repayment or recoupment which in the administrator's opinion is 227
288		-	uncollectible. Effective January 1, 1996, and annually thereafter, the 228
289		-	administrator shall report to the joint standing committee of the 229
290		-	General Assembly having cognizance of matters relating to finance, 230
291		-	revenue and bonding and the joint standing committee of the General 231
292		-	Assembly having cognizance of matters relating to labor and public 232
293		-	employees, the aggregate number and value of all such claims deemed 233
294		-	uncollectible and therefore cancelled during the previous calendar 234
295		-	year. 235
296		-	(2) (A) For any determination of an overpayment made prior to 236
297		-	October 1, 2013, any person who has made a claim for benefits under 237
298		-	this chapter and has knowingly made a false statement or 238
299		-	representation or has knowingly failed to disclose a material fact in 239
300		-	order to obtain benefits or to increase the amount of benefits to which 240
301		-	such person may be entitled under this chapter shall forfeit benefits for 241
302		-	not less than one or more than thirty-nine compensable weeks 242
303		-	following determination of such offense or offenses, during which 243
304		-	weeks such person would otherwise have been eligible to receive 244
305		-	benefits. For the purposes of section 31-231b, such person shall be 245
306		-	deemed to have received benefits for such forfeited weeks. This 246 Substitute Bill No. 872
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	278	+
	279	+	of (A) an assignment of mortgage in which the nominee appears as 201
	280	+	assignor, or (B) a release of mortgage by a nominee of a mortgagee, the 202
	281	+	town clerk shall remit one hundred twenty-seven dollars of such fee to 203
	282	+	the state, such fee shall be deposited into the General Fund, [and, upon 204
	283	+	deposit in the General Fund, thirty-six dollars of such fee shall be 205
	284	+	credited to the community investment account,] and, until October 1, 206
	285	+	2014, sixty dollars of such fee shall be credited to the State Banking 207
	286	+	Fund for purposes of funding the foreclosure mediation program 208
	287	+	established by section 49-31m; and the town clerk shall retain thirty-209
	288	+	two dollars of such fee, which shall become part of the general revenue 210
	289	+	of such municipality. 211
	290	+	Sec. 8. Section 22-38a of the general statutes is repealed and the 212
	291	+	following is substituted in lieu thereof (Effective July 1, 2019): 213
	292	+	The Commissioner of Agriculture shall establish and administer a 214
	293	+	program to promote the marketing of farm products grown and 215
	294	+	produced in Connecticut for the purpose of encouraging the 216
	295	+	development of agriculture in the state. The commissioner may, within 217
	296	+	available appropriations, provide a grant-in-aid to any person, firm, 218
	297	+	partnership or corporation engaged in the promotion and marketing of 219
	298	+	such farm products, provided the words "CONNECTICUT-GROWN" 220
	299	+	or "CT-Grown" are clearly incorporated in such promotional and 221
	300	+	marketing activities. The commissioner shall (1) provide for the design, 222
	301	+	plan and implementation of a multiyear, state-wide marketing and 223
	302	+	advertising campaign, including, but not limited to, television and 224
	303	+	radio advertisements, promoting the availability of, and advantages of 225
	304	+	purchasing, Connecticut-grown farm products, (2) establish and 226
	305	+	continuously update a web site connected with such advertising 227
	306	+	campaign that includes, but is not limited to, a comprehensive listing 228
	307	+	of Connecticut farmers' markets, pick-your-own farms, roadside and 229
	308	+	on-farm markets, farm wineries, garden centers and nurseries selling 230
	309	+	predominantly Connecticut-grown horticultural products and agri-231
	310	+	tourism events and attractions, and (3) conduct efforts to promote 232
	311	+	interaction and business relationships between farmers and 233
	312	+	Governor's Bill No. 872
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313		-	penalty shall be in addition to any other applicable penalty under this 247
314		-	section and in addition to the liability to repay any moneys so received 248
315		-	by such person and shall not be confined to a single benefit year. The 249
316		-	provisions of this subparagraph shall not be applicable to claims 250
317		-	deemed payable as of October 1, 2019. (B) For any determination of an 251
318		-	overpayment made on or after October 1, 2013, any person who has 252
319		-	made a claim for benefits under this chapter and has knowingly made 253
320		-	a false statement or representation or has knowingly failed to disclose 254
321		-	a material fact in order to obtain benefits or to increase the amount of 255
322		-	benefits to which such person may be entitled under this chapter shall 256
323		-	be subject to a penalty of fifty per cent of the amount of overpayment 257
324		-	for the first offense and a penalty of one hundred per cent of the 258
325		-	amount of overpayment for any subsequent offense. This penalty shall 259
326		-	be in addition to the liability to repay the full amount of overpayment 260
327		-	and shall not be confined to a single benefit year. Thirty-five per cent 261
328		-	of any such penalty shall be paid into the Unemployment 262
329		-	Compensation Trust Fund and sixty-five per cent of such penalty shall 263
330		-	be paid into the Employment Security Administration Fund. The 264
331		-	penalty amounts computed in this subparagraph shall be rounded to 265
332		-	the nearest dollar with fractions of a dollar of exactly fifty cents 266
333		-	rounded upward. 267
334		-	(3) Any person charged with the fraudulent receipt of benefits or the 268
335		-	making of a fraudulent claim, as provided in this subsection, shall be 269
336		-	entitled to a determination of eligibility by the administrator that shall 270
337		-	be based upon evidence or testimony presented in a manner 271
338		-	prescribed by the administrator including in writing, by telephone or 272
339		-	by other electronic means. The administrator may prescribe a hearing 273
340		-	by telephone or in person at his or her discretion, provided if an in 274
341		-	person hearing is requested, the request may not be unreasonably 275
342		-	denied by the administrator. Notice of the time and place of such 276
343		-	hearing, and the reasons for such hearing, shall be given to the person 277
344		-	not less than five days prior to the date appointed for such hearing. 278
345		-	The administrator shall determine, on the basis of facts found by the 279
346		-	administrator, whether or not a fraudulent act subject to the penalties 280 Substitute Bill No. 872
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	317	+
	318	+	restaurants, grocery stores, institutional cafeterias and other potential 234
	319	+	institutional purchasers of Connecticut-grown farm products, 235
	320	+	including, but not limited to, (A) linking farmers and potential 236
	321	+	purchasers through a separate feature of the web site established 237
	322	+	pursuant to this section, and (B) organizing state-wide or regional 238
	323	+	events promoting Connecticut-grown farm products, where farmers 239
	324	+	and potential institutional customers are invited to participate. The 240
	325	+	commissioner shall use his best efforts to solicit cooperation and 241
	326	+	participation from the farm, corporate, retail, wholesale and grocery 242
	327	+	communities in such advertising, Internet-related and event planning 243
	328	+	efforts, including, but not limited to, soliciting private sector matching 244
	329	+	funds. [The commissioner shall use all of the funds provided to the 245
	330	+	Department of Agriculture pursuant to subparagraph (C) of 246
	331	+	subdivision (5) of subsection (a) of section 4-66aa for the purposes of 247
	332	+	this section.] The commissioner shall report annually to the joint 248
	333	+	standing committee of the General Assembly having cognizance of 249
	334	+	matters relating to the environment on issues with respect to efforts 250
	335	+	undertaken pursuant to the requirements of this section, including, but 251
	336	+	not limited to, the amount of private matching funds received and 252
	337	+	expended by the department. The commissioner may adopt, in 253
	338	+	accordance with chapter 54, such regulations as he deems necessary to 254
	339	+	carry out the purposes of this section. 255
	340	+	Sec. 9. Subsection (b) of section 32-1s of the general statutes is 256
	341	+	repealed and the following is substituted in lieu thereof (Effective July 257
	342	+	1, 2019): 258
	343	+	(b) Any order or regulation of the Connecticut Commission on 259
	344	+	Culture and Tourism, which is in force on July 1, 2011, shall continue 260
	345	+	in force and effect as an order or regulation of the Department of 261
	346	+	Economic and Community Development until amended, repealed or 262
	347	+	superseded pursuant to law. Where any order or regulation of said 263
	348	+	commission or said department conflicts, the Commissioner of 264
	349	+	Economic and Community Development may implement policies and 265
	350	+	procedures consistent with the provisions of this section and sections 266
	351	+	Governor's Bill No. 872
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353		-	of ~~this subsection has been committed and, upon such finding, shall fix 281~~
354		-	~~the penalty for any such offense according to the provisions of this 282~~
355		-	~~subsection. Any person determined by the administrator to have 283~~
356		-	~~committed fraud under the provisions of this section shall be liable for 284~~
357		-	~~repayment to the administrator of the Unemployment Compensation 285~~
358		-	~~Fund for any benefits determined by the administrator to have been 286~~
359		-	~~collected fraudulently~~, ~~as well as any other penalties assessed by the 287~~
360		-	~~administrator in accordance with the provisions of this subsection.~~ ~~288~~
361		-	~~Until such liabilities have been met to the satisfaction of the 289~~
362		-	~~administrator~~, ~~such person shall forfeit any right to receive benefits 290~~
363		-	~~under~~ the ~~provisions of this chapter.~~ ~~Notification of such decision and 291~~
364		-	~~penalty shall be provided~~ to ~~such person and shall be final unless such 292~~
365		-	~~person files an appeal~~ not later than twenty~~-one~~ days after ~~the date 293~~
366		-	~~such notification was provided to such person,~~ ~~except that (A) any 294~~
367		-	~~such appeal that is filed after such twenty-one-day period may be 295~~
368		-	~~considered to be timely filed if~~ the ~~filing party shows good cause, as 296~~
369		-	~~defined in regulations adopted pursuant to~~ section ~~31-249h,~~ ~~for~~ the ~~late 297~~
370		-	~~filing,~~ (B) if the ~~last day for filing an appeal falls on any day when the 298~~
371		-	~~offices of the Employment Security Division are not open for business,~~ ~~299~~
372		-	~~such last day shall be extended to the next business day,~~ ~~(C) if any 300~~
373		-	~~such appeal is filed by mail,~~ the ~~appeal shall be considered timely filed 301~~
374		-	if the ~~appeal was received within such twenty-one-day period or bears 302~~
375		-	~~a legible United States postal service postmark that indicates that 303~~
376		-	~~within such twenty-one-day period~~ the ~~appeal was placed in~~ the ~~304~~
377		-	~~possession of postal authorities~~ for ~~delivery to~~ the ~~appropriate office,~~ ~~305~~
378		-	~~except posting dates attributable to private postage meters shall not be 306~~
379		-	~~considered in determining~~ the ~~timeliness of appeals filed by mail, and 307~~
380		-	~~(D) if~~ any ~~such appeal is filed electronically,~~ ~~such appeal shall be 308~~
381		-	~~considered timely filed if it was received within such twenty-one-day 309~~
382		-	~~period. Such appeal shall be heard by a referee in the same manner 310~~
383		-	~~provided in section 31-242~~ for ~~an appeal from~~ the ~~decision of an 311~~
384		-	~~examiner~~ on ~~a claim for benefits.~~ ~~The manner in which such appeals 312~~
385		-	~~shall be heard and appeals taken therefrom to the board of review and 313~~
386		-	~~then to~~ the ~~Superior Court,~~ ~~either by the administrator or the claimant,~~ ~~314~~
387		-	~~shall be in accordance with the provisions set forth in section 31-249 or 315 Substitute~~ Bill No. 872
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	356	+
	357	+	3-110f, 3-110h, 3-110i, 4-9a, [4-66aa,] 4-89, 4b-53, 4b-60, 4b-64, 4b-66a, 5-267
	358	+	198, 7-147a, 7-147b, 7-147c, 7-147j, 7-147p, 7-147q, 7-147y, 8-37lll, 10-268
	359	+	382, 10-384, 10-385, 10-386, 10-387, 10-388, 10-389, 10-391, 10-392, 10-269
	360	+	393, 10-394, 10-395, 10-396, 10-397, 10-397a, 10-399, 10-400, 10-401, 10-270
	361	+	402, 10-403, 10-404, 10-405, 10-406, 10-408, 10-409, 10-410, 10-411, 10-271
	362	+	412, 10-413, 10-414, 10-415, 10-416, 10-416a, 10-416b, 10-425, 10a-111a, 272
	363	+	10a-112, 10a-112b, 10a-112g, 11-6a, 12-376d, 13a-252, 19a-315b, 19a-273
	364	+	315c, 22a-1d, 22a-19b, 22a-27s, 29-259, 32-6a, 32-11a and 32-35 while in 274
	365	+	the process of adopting the policy or procedure in regulation form, 275
	366	+	provided notice of intention to adopt regulations is printed in the 276
	367	+	Connecticut Law Journal not later than twenty days after 277
	368	+	implementation. The policy or procedure shall be valid until the time 278
	369	+	final regulations are effective. 279
	370	+	Sec. 10. (Effective July 1, 2019) Notwithstanding the provisions of 280
	371	+	subsection (c) of section 4-66l of the general statutes: 281
	372	+	(1) For the fiscal year ending June 30, 2020, municipal transition 282
	373	+	grants to municipalities that impose mill rates on real property and 283
	374	+	personal property other than motor vehicles greater than 45 mills or 284
	375	+	that, when combined with the mill rate of any district located within 285
	376	+	the municipality, impose mill rates greater than 45 mills, shall be made 286
	377	+	in an amount equal to the difference between the amount of property 287
	378	+	taxes levied by the municipality and any district located within the 288
	379	+	municipality on motor vehicles for the assessment year commencing 289
	380	+	October 1, 2016, and the amount such levy would have been if the mill 290
	381	+	rate on motor vehicles for said assessment year was equal to the mill 291
	382	+	rate imposed by such municipality and any district located within the 292
	383	+	municipality on real property and personal property other than motor 293
	384	+	vehicles; and 294
	385	+	(2) For the fiscal year ending June 30, 2021, municipal transition 295
	386	+	grants to municipalities that impose mill rates on real property and 296
	387	+	personal property, other than motor vehicles, greater than 45 mills or 297
	388	+	that, when combined with the mill rate of any district located within 298
	389	+	Governor's Bill No. 872
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394		-	31-249b, as the case may be. Any determination of overpayment made 316
395		-	under this subsection which becomes final on or after October 1, 1995, 317
396		-	may be enforced in the same manner as a judgment of the Superior 318
397		-	Court when the claimant fails to pay according to the claimant's 319
398		-	repayment schedule. The court may issue execution upon any final 320
399		-	determination of overpayment in the same manner as in cases of 321
400		-	judgments rendered in the Superior Court; and upon the filing of an 322
401		-	application to the court for an execution, the administrator shall send 323
402		-	to the clerk of the court a certified copy of such determination. 324
403		-	Sec. 8. Subsection (a) of section 31-250 of the general statutes is 325
404		-	repealed and the following is substituted in lieu thereof (Effective from 326
405		-	passage): 327
406		-	(a) In administering this chapter, the administrator may adopt such 328
407		-	regulations, employ such persons, make such expenditures, require 329
408		-	such reports, make such investigations and take such other action as 330
409		-	may be necessary or suitable, including, but not limited to, entering 331
410		-	into a consortium with other states and entering into any contract or 332
411		-	memorandum of understanding associated with such consortium. 333
412		-	Such regulations shall be effective upon publication in the manner 334
413		-	which the administrator prescribes. As provided in section 4-60, the 335
414		-	administrator shall submit to the Governor a report covering the 336
415		-	administration and operation of this chapter during the preceding 337
416		-	fiscal year and shall make such recommendations for amendments to 338
417		-	this chapter as he deems proper. The administrator shall comply with 339
418		-	the provisions of Section 303(a)(6) and (7) of the federal Social Security 340
419		-	Act, and of Section 303(c), added to the federal Social Security Act by 341
420		-	Section 13(g) of the federal Railroad Unemployment Insurance Act. 342
421		-	The administrator is authorized to receive the reimbursement of the 343
422		-	federal share of extended benefits paid under the provisions of 344
423		-	sections 31-232b to 31-232h, inclusive, and section 31-232k that are 345
424		-	reimbursable under the provisions of federal law. 346
425		-	Sec. 9. Section 5-156a of the general statutes is amended by adding 347
426		-	subsection (h) as follows (Effective July 1, 2019): 348 Substitute Bill No. 872
	393	+	LCO No. 4474 11 of 30
	394	+
	395	+	the municipality, impose mill rates greater than 45 mills, shall be made 299
	396	+	in an amount equal to the difference between the amount of property 300
	397	+	taxes levied by the municipality and any district located within the 301
	398	+	municipality on motor vehicles for the assessment year commencing 302
	399	+	October 1, 2017, and the amount such levy would have been if the mill 303
	400	+	rate on motor vehicles for said assessment year was equal to the mill 304
	401	+	rate imposed by such municipality and any district located within the 305
	402	+	municipality on real property and personal property other than motor 306
	403	+	vehicles. 307
	404	+	Sec. 11. Section 31-230 of the general statutes is repealed and the 308
	405	+	following is substituted in lieu thereof (Effective from passage): 309
	406	+	(a) An individual's benefit year shall commence with the beginning 310
	407	+	of the week with respect to which the individual has filed a valid 311
	408	+	initiating claim and shall continue through the Saturday of the fifty-312
	409	+	first week following the week in which it commenced, provided no 313
	410	+	benefit year shall end until after the end of the third complete calendar 314
	411	+	quarter, plus the remainder of any uncompleted calendar week that 315
	412	+	began in such quarter, following the calendar quarter in which it 316
	413	+	commenced, and provided further, the benefit year of an individual 317
	414	+	who has filed a combined wage claim, as described in subsection (b) of 318
	415	+	section 31-255, shall be the benefit year prescribed by the law of the 319
	416	+	paying state. In no event shall a benefit year be established before the 320
	417	+	termination of an existing benefit year previously established under 321
	418	+	the provisions of this chapter. Except as provided in subsection (b) of 322
	419	+	this section, the base period of a benefit year shall be the first four of 323
	420	+	the five most recently completed calendar quarters prior to such 324
	421	+	benefit year, provided such quarters were not previously used to 325
	422	+	establish a prior valid benefit year and provided further, the base 326
	423	+	period with respect to a combined wage claim, as described in 327
	424	+	subsection (b) of section 31-255, shall be the base period of the paying 328
	425	+	state, except that for any individual who is eligible to receive or is 329
	426	+	receiving workers' compensation or who is properly absent from work 330
	427	+	under the terms of the employer's sick leave or disability leave policy, 331
	428	+	Governor's Bill No. 872
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433		-	(NEW) (h) Any recovery of pension costs from appropriated or 349
434		-	nonappropriated sources other than the General Fund and Special 350
435		-	Transportation Fund that causes the payments to the State Employees 351
436		-	Retirement System to exceed the actuarially determined employer 352
437		-	contribution for any fiscal year shall be deposited into the State 353
438		-	Employees Retirement Fund as an additional employer contribution at 354
439		-	the end of such fiscal year. 355
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	433	+
	434	+	the base period shall be the first four of the five most recently worked 332
	435	+	quarters prior to such benefit year, provided such quarters were 333
	436	+	consecutive and not previously used to establish a prior valid benefit 334
	437	+	year and provided further, the last most recently worked calendar 335
	438	+	quarter is no more than twelve calendar quarters prior to the date such 336
	439	+	individual makes an initiating claim. As used in this section, an 337
	440	+	initiating claim shall be deemed valid if the individual is unemployed 338
	441	+	and meets the requirements of subdivisions (1) and (3) of subsection 339
	442	+	(a) of section 31-235. The base period of an individual's benefit year 340
	443	+	shall include wages paid by any nonprofit organization electing 341
	444	+	reimbursement in lieu of contributions, or by the state and by any 342
	445	+	town, city or other political or governmental subdivision of or in this 343
	446	+	state or of any municipality to such person with respect to whom such 344
	447	+	employer is subject to the provisions of this chapter. With respect to 345
	448	+	weeks of unemployment beginning on or after January 1, 1978, wages 346
	449	+	for insured work shall include wages paid for previously uncovered 347
	450	+	services. For purposes of this section, the term "previously uncovered 348
	451	+	services" means services that (1) were not employment, as defined in 349
	452	+	section 31-222, and were not services covered pursuant to section 31-350
	453	+	223, at any time during the one-year period ending December 31, 1975; 351
	454	+	and (2) (A) are agricultural labor, as defined in subparagraph (H) of 352
	455	+	subdivision (1) of subsection (a) of section 31-222, or domestic service, 353
	456	+	as defined in subparagraph (J) of subdivision (1) of subsection (a) of 354
	457	+	section 31-222, or (B) are services performed by an employee of this 355
	458	+	state or a political subdivision of this state, as provided in 356
	459	+	subparagraph (C) of subdivision (1) of subsection (a) of section 31-222, 357
	460	+	or by an employee of a nonprofit educational institution that is not an 358
	461	+	institution of higher education, as provided in subparagraph (E)(iii) of 359
	462	+	subdivision (1) of subsection (a) of section 31-222, except to the extent 360
	463	+	that assistance under Title II of the Emergency Jobs and 361
	464	+	Unemployment Assistance Act of 1974 was paid on the basis of such 362
	465	+	services. 363
	466	+	(b) The base period of a benefit year for any individual who is 364
	467	+	Governor's Bill No. 872
	468	+
	469	+
	470	+
	471	+	LCO No. 4474 13 of 30
	472	+
	473	+	ineligible to receive benefits using the base period set forth in 365
	474	+	subsection (a) of this section shall be the four most recently completed 366
	475	+	calendar quarters prior to the individual's benefit year, provided such 367
	476	+	quarters were not previously used to establish a prior valid benefit 368
	477	+	year, except that for any such individual who is eligible to receive or is 369
	478	+	receiving workers' compensation or who is properly absent from work 370
	479	+	under the terms of an employer's sick leave or disability leave policy, 371
	480	+	the base period shall be the four most recently worked calendar 372
	481	+	quarters prior to such benefit year, provided such quarters were 373
	482	+	consecutive and not previously used to establish a prior valid benefit 374
	483	+	year and provided further, the last most recently worked calendar 375
	484	+	quarter is not more than twelve calendar quarters prior to the date 376
	485	+	such individual makes the initiating claim. If the wage information for 377
	486	+	an individual's most recently worked calendar quarter is unavailable 378
	487	+	to the administrator from regular quarterly reports of systematically 379
	488	+	accessible wage information, the administrator shall promptly contact 380
	489	+	the individual's employer to obtain such wage information. 381
	490	+	Sec. 12. Subsection (b) of section 31-273 of the general statutes is 382
	491	+	repealed and the following is substituted in lieu thereof (Effective from 383
	492	+	passage): 384
	493	+	(b) (1) Any person who, by reason of fraud, wilful misrepresentation 385
	494	+	or wilful nondisclosure by such person or by another of a material fact, 386
	495	+	has received any sum as benefits under this chapter while any 387
	496	+	condition for the receipt of benefits imposed by this chapter was not 388
	497	+	fulfilled in such person's case, or has received a greater amount of 389
	498	+	benefits than was due such person under this chapter, shall be charged 390
	499	+	with an overpayment and shall be liable to repay to the administrator 391
	500	+	for the Unemployment Compensation Fund a sum equal to the 392
	501	+	amount so overpaid to such person. If such person does not make 393
	502	+	repayment in full of the sum overpaid, the administrator shall recoup 394
	503	+	such sum by offset from such person's unemployment benefits. The 395
	504	+	deduction from benefits shall be one hundred per cent of the person's 396
	505	+	weekly benefit entitlement until the full amount of the overpayment 397
	506	+	Governor's Bill No. 872
	507	+
	508	+
	509	+
	510	+	LCO No. 4474 14 of 30
	511	+
	512	+	has been recouped. Where such offset is insufficient to recoup the full 398
	513	+	amount of the overpayment, the claimant shall repay the remaining 399
	514	+	amount plus, for any determination of an overpayment made on or 400
	515	+	after July 1, 2005, interest at the rate of one per cent of the amount so 401
	516	+	overpaid per month, in accordance with a repayment schedule as 402
	517	+	determined by the examiner. If the claimant fails to repay according to 403
	518	+	the schedule, the administrator may recover such overpayment plus 404
	519	+	interest through a wage execution against the claimant's earnings upon 405
	520	+	the claimant's return to work in accordance with the provisions of 406
	521	+	section 52-361a. In addition, the administrator may request the 407
	522	+	Commissioner of Administrative Services to seek reimbursement for 408
	523	+	such amount pursuant to section 12-742. If the administrator's actions 409
	524	+	are insufficient to recover such overpayment, the administrator may 410
	525	+	submit the outstanding balance to the Internal Revenue Service for the 411
	526	+	purpose of offsetting the claimant's federal tax refund pursuant to 26 412
	527	+	USC 6402(f), 31 USC 3720A or other applicable federal laws. The 413
	528	+	administrator is authorized, eight years after the payment of any 414
	529	+	benefits described in this subsection, to cancel any claim for such 415
	530	+	repayment or recoupment which in the administrator's opinion is 416
	531	+	uncollectible. Effective January 1, 1996, and annually thereafter, the 417
	532	+	administrator shall report to the joint standing committee of the 418
	533	+	General Assembly having cognizance of matters relating to finance, 419
	534	+	revenue and bonding and the joint standing committee of the General 420
	535	+	Assembly having cognizance of matters relating to labor and public 421
	536	+	employees, the aggregate number and value of all such claims deemed 422
	537	+	uncollectible and therefore cancelled during the previous calendar 423
	538	+	year. 424
	539	+	(2) (A) For any determination of an overpayment made prior to 425
	540	+	October 1, 2013, any person who has made a claim for benefits under 426
	541	+	this chapter and has knowingly made a false statement or 427
	542	+	representation or has knowingly failed to disclose a material fact in 428
	543	+	order to obtain benefits or to increase the amount of benefits to which 429
	544	+	such person may be entitled under this chapter shall forfeit benefits for 430
	545	+	Governor's Bill No. 872
	546	+
	547	+
	548	+
	549	+	LCO No. 4474 15 of 30
	550	+
	551	+	not less than one or more than thirty-nine compensable weeks 431
	552	+	following determination of such offense or offenses, during which 432
	553	+	weeks such person would otherwise have been eligible to receive 433
	554	+	benefits. For the purposes of section 31-231b, such person shall be 434
	555	+	deemed to have received benefits for such forfeited weeks. This 435
	556	+	penalty shall be in addition to any other applicable penalty under this 436
	557	+	section and in addition to the liability to repay any moneys so received 437
	558	+	by such person and shall not be confined to a single benefit year. The 438
	559	+	provisions of this subparagraph shall not be applicable to claims 439
	560	+	deemed payable as of October 1, 2019. (B) For any determination of an 440
	561	+	overpayment made on or after October 1, 2013, any person who has 441
	562	+	made a claim for benefits under this chapter and has knowingly made 442
	563	+	a false statement or representation or has knowingly failed to disclose 443
	564	+	a material fact in order to obtain benefits or to increase the amount of 444
	565	+	benefits to which such person may be entitled under this chapter shall 445
	566	+	be subject to a penalty of fifty per cent of the amount of overpayment 446
	567	+	for the first offense and a penalty of one hundred per cent of the 447
	568	+	amount of overpayment for any subsequent offense. This penalty shall 448
	569	+	be in addition to the liability to repay the full amount of overpayment 449
	570	+	and shall not be confined to a single benefit year. Thirty-five per cent 450
	571	+	of any such penalty shall be paid into the Unemployment 451
	572	+	Compensation Trust Fund and sixty-five per cent of such penalty shall 452
	573	+	be paid into the Employment Security Administration Fund. The 453
	574	+	penalty amounts computed in this subparagraph shall be rounded to 454
	575	+	the nearest dollar with fractions of a dollar of exactly fifty cents 455
	576	+	rounded upward. 456
	577	+	(3) Any person charged with the fraudulent receipt of benefits or the 457
	578	+	making of a fraudulent claim, as provided in this subsection, shall be 458
	579	+	entitled to a determination of eligibility by the administrator that shall 459
	580	+	be based upon evidence or testimony presented in a manner 460
	581	+	prescribed by the administrator including in writing, by telephone or 461
	582	+	by other electronic means. The administrator may prescribe a hearing 462
	583	+	by telephone or in person at his or her discretion, provided if an in 463
	584	+	Governor's Bill No. 872
	585	+
	586	+
	587	+
	588	+	LCO No. 4474 16 of 30
	589	+
	590	+	person hearing is requested, the request may not be unreasonably 464
	591	+	denied by the administrator. Notice of the time and place of such 465
	592	+	hearing, and the reasons for such hearing, shall be given to the person 466
	593	+	not less than five days prior to the date appointed for such hearing. 467
	594	+	The administrator shall determine, on the basis of facts found by the 468
	595	+	administrator, whether or not a fraudulent act subject to the penalties 469
	596	+	of this subsection has been committed and, upon such finding, shall fix 470
	597	+	the penalty for any such offense according to the provisions of this 471
	598	+	subsection. Any person determined by the administrator to have 472
	599	+	committed fraud under the provisions of this section shall be liable for 473
	600	+	repayment to the administrator of the Unemployment Compensation 474
	601	+	Fund for any benefits determined by the administrator to have been 475
	602	+	collected fraudulently, as well as any other penalties assessed by the 476
	603	+	administrator in accordance with the provisions of this subsection. 477
	604	+	Until such liabilities have been met to the satisfaction of the 478
	605	+	administrator, such person shall forfeit any right to receive benefits 479
	606	+	under the provisions of this chapter. Notification of such decision and 480
	607	+	penalty shall be provided to such person and shall be final unless such 481
	608	+	person files an appeal not later than twenty-one days after the date 482
	609	+	such notification was provided to such person, except that (A) any 483
	610	+	such appeal that is filed after such twenty-one-day period may be 484
	611	+	considered to be timely filed if the filing party shows good cause, as 485
	612	+	defined in regulations adopted pursuant to section 31-249h, for the late 486
	613	+	filing, (B) if the last day for filing an appeal falls on any day when the 487
	614	+	offices of the Employment Security Division are not open for business, 488
	615	+	such last day shall be extended to the next business day, (C) if any 489
	616	+	such appeal is filed by mail, the appeal shall be considered timely filed 490
	617	+	if the appeal was received within such twenty-one-day period or bears 491
	618	+	a legible United States postal service postmark that indicates that 492
	619	+	within such twenty-one-day period the appeal was placed in the 493
	620	+	possession of postal authorities for delivery to the appropriate office, 494
	621	+	except posting dates attributable to private postage meters shall not be 495
	622	+	considered in determining the timeliness of appeals filed by mail, and 496
	623	+	(D) if any such appeal is filed electronically, such appeal shall be 497
	624	+	Governor's Bill No. 872
	625	+
	626	+
	627	+
	628	+	LCO No. 4474 17 of 30
	629	+
	630	+	considered timely filed if it was received within such twenty-one-day 498
	631	+	period. Such appeal shall be heard by a referee in the same manner 499
	632	+	provided in section 31-242 for an appeal from the decision of an 500
	633	+	examiner on a claim for benefits. The manner in which such appeals 501
	634	+	shall be heard and appeals taken therefrom to the board of review and 502
	635	+	then to the Superior Court, either by the administrator or the claimant, 503
	636	+	shall be in accordance with the provisions set forth in section 31-249 or 504
	637	+	31-249b, as the case may be. Any determination of overpayment made 505
	638	+	under this subsection which becomes final on or after October 1, 1995, 506
	639	+	may be enforced in the same manner as a judgment of the Superior 507
	640	+	Court when the claimant fails to pay according to the claimant's 508
	641	+	repayment schedule. The court may issue execution upon any final 509
	642	+	determination of overpayment in the same manner as in cases of 510
	643	+	judgments rendered in the Superior Court; and upon the filing of an 511
	644	+	application to the court for an execution, the administrator shall send 512
	645	+	to the clerk of the court a certified copy of such determination. 513
	646	+	Sec. 13. Subsection (a) of section 31-250 of the general statutes is 514
	647	+	repealed and the following is substituted in lieu thereof (Effective from 515
	648	+	passage): 516
	649	+	(a) In administering this chapter, the administrator may adopt such 517
	650	+	regulations, employ such persons, make such expenditures, require 518
	651	+	such reports, make such investigations and take such other action as 519
	652	+	may be necessary or suitable, including, but not limited to, entering 520
	653	+	into a consortium with other states and entering into any contract or 521
	654	+	memorandum of understanding associated with such consortium. 522
	655	+	Such regulations shall be effective upon publication in the manner 523
	656	+	which the administrator prescribes. As provided in section 4-60, the 524
	657	+	administrator shall submit to the Governor a report covering the 525
	658	+	administration and operation of this chapter during the preceding 526
	659	+	fiscal year and shall make such recommendations for amendments to 527
	660	+	this chapter as he deems proper. The administrator shall comply with 528
	661	+	the provisions of Section 303(a)(6) and (7) of the federal Social Security 529
	662	+	Act, and of Section 303(c), added to the federal Social Security Act by 530
	663	+	Governor's Bill No. 872
	664	+
	665	+
	666	+
	667	+	LCO No. 4474 18 of 30
	668	+
	669	+	Section 13(g) of the federal Railroad Unemployment Insurance Act. 531
	670	+	The administrator is authorized to receive the reimbursement of the 532
	671	+	federal share of extended benefits paid under the provisions of 533
	672	+	sections 31-232b to 31-232h, inclusive, and section 31-232k that are 534
	673	+	reimbursable under the provisions of federal law. 535
	674	+	Sec. 14. (NEW) (Effective July 1, 2019) (a) For the purpose of this 536
	675	+	section: 537
	676	+	(1) "Federal act" means the United States Agricultural Marketing Act 538
	677	+	of 1946, 7 USC 1621 et seq., as amended from time to time; 539
	678	+	(2) "Cannabidiol" or "CBD" means the nonpsychotropic compound 540
	679	+	by the same name derived from the hemp variety of the Cannabis 541
	680	+	sativa L. plant; 542
	681	+	(3) "Certificate of analysis" means a certificate from a laboratory 543
	682	+	describing the results of the laboratory's testing of a sample; 544
	683	+	(4) "Certified seed" means hemp seed for which a certificate or any 545
	684	+	other instrument has been issued by an agency authorized under the 546
	685	+	laws of a state, territory or possession of the United States to officially 547
	686	+	certify hemp seed and that has standards and procedures approved by 548
	687	+	the United States Secretary of Agriculture to assure the genetic purity 549
	688	+	and identity of the hemp seed certified; 550
	689	+	(5) "Commissioner" means the Commissioner of Agriculture, or the 551
	690	+	commissioner's designated agent; 552
	691	+	(6) "Cultivate" means planting, growing and harvesting a plant or 553
	692	+	crop; 554
	693	+	(7) "Department" means the Department of Agriculture; 555
	694	+	(8) "Handling" means possessing or storing hemp for any period of 556
	695	+	time on premises owned, operated or controlled by a person licensed 557
	696	+	to cultivate or process hemp and includes possessing or storing hemp 558
	697	+	Governor's Bill No. 872
	698	+
	699	+
	700	+
	701	+	LCO No. 4474 19 of 30
	702	+
	703	+	in a vehicle for any period of time other than during the transport of 559
	704	+	hemp from the premises of a person licensed to cultivate or process 560
	705	+	hemp to the premises of another person licensed to cultivate or process 561
	706	+	hemp; 562
	707	+	(9) "Hemp" has the same meaning as provided in the federal act; 563
	708	+	(10) "Hemp products" means products derived from, or made by, 564
	709	+	the processing of hemp plants or hemp plant parts; 565
	710	+	(11) "Independent testing laboratory" means a facility: 566
	711	+	(A) For which no person who has a direct or indirect interest in the 567
	712	+	laboratory also has a direct or indirect interest in a facility that: 568
	713	+	(i) Processes, distributes or sells hemp products, or a substantially 569
	714	+	similar substance in another state or territory of the United States; 570
	715	+	(ii) Cultivates, processes, distributes, dispenses or sells marijuana; or 571
	716	+	(iii) Cultivates, processes or distributes hemp; and 572
	717	+	(B) That is accredited as a testing laboratory to International 573
	718	+	Organization for Standardization (ISO) 17025 by a third-party 574
	719	+	accrediting body such as the American Association for Laboratory 575
	720	+	Accreditation or the Assured Calibration and Laboratory Accreditation 576
	721	+	Select Services; 577
	722	+	(12) "Laboratory" means a laboratory of the Connecticut 578
	723	+	Agricultural Experiment Station, the Department of Public Health, the 579
	724	+	United States Food and Drug Administration, the United States 580
	725	+	Department of Agriculture or an independent testing laboratory 581
	726	+	acceptable to the commissioner; 582
	727	+	(13) "Law enforcement agency" means the Connecticut State Police, 583
	728	+	United States Drug Enforcement Administration or other federal, state 584
	729	+	or local law enforcement agency or drug suppression unit; 585
	730	+	Governor's Bill No. 872
	731	+
	732	+
	733	+
	734	+	LCO No. 4474 20 of 30
	735	+
	736	+	(14) "Licensee" means a person who possesses a license issued by 586
	737	+	the department pursuant to this section to cultivate, handle, process or 587
	738	+	market hemp or hemp products; 588
	739	+	(15) "Market" means promoting, distributing or selling a product 589
	740	+	within the state, in another state or outside of the United States and 590
	741	+	includes efforts to advertise and gather information about the needs or 591
	742	+	preferences of potential consumers or suppliers; 592
	743	+	(16) "Pesticide" has the same meaning as provided in section 22a-47 593
	744	+	of the general statutes; 594
	745	+	(17) "Plot" means a contiguous area in a field, greenhouse or indoor 595
	746	+	growing structure containing the same variety or strain of hemp 596
	747	+	throughout the area; 597
	748	+	(18) "Post-harvest sample" means a representative sample of the 598
	749	+	form of hemp taken from the harvested hemp from a particular plot's 599
	750	+	harvest in accordance with the procedures established by the 600
	751	+	commissioner; 601
	752	+	(19) "Pre-harvest sample" means a composite, representative portion 602
	753	+	from plants in a hemp plot collected in accordance with the procedures 603
	754	+	established by the commissioner; 604
	755	+	(20) "Processing" means using or converting an agricultural 605
	756	+	commodity for the purpose of creating a marketable form of the 606
	757	+	commodity; 607
	758	+	(21) "State plan" means a state plan as described in the federal act; 608
	759	+	and 609
	760	+	(22) "THC" means delta-9-tetrahydrocannabinol. 610
	761	+	(b) The commissioner shall prepare a state plan in accordance with 611
	762	+	the federal act, for approval by the Governor and Attorney General. 612
	763	+	The state plan, upon approval by the Governor and the Attorney 613
	764	+	Governor's Bill No. 872
	765	+
	766	+
	767	+
	768	+	LCO No. 4474 21 of 30
	769	+
	770	+	General, shall be submitted to the United States Secretary of 614
	771	+	Agriculture for approval. The commissioner shall have the authority to 615
	772	+	amend the state plan, in consultation with the Governor and the 616
	773	+	Attorney General, as necessary to comply with the federal act. 617
	774	+	(c) Following approval of the state plan by the United States 618
	775	+	Secretary of Agriculture, the Department of Agriculture may enforce 619
	776	+	regulations adopted in accordance with the federal act and chapter 54 620
	777	+	of the general statutes for standards for hemp production in the state. 621
	778	+	The commissioner may consult, collaborate and enter cooperative 622
	779	+	agreements with any federal or state agency, municipality or political 623
	780	+	subdivision of the state concerning application of the provisions of the 624
	781	+	federal act and the regulations adopted pursuant to the federal act, as 625
	782	+	may be necessary to carry out the provisions of this section. 626
	783	+	(d) In accordance with the state plan approved pursuant to 627
	784	+	subsection (a) of this section and the provisions of this section, hemp 628
	785	+	may be cultivated, processed, handled, marketed, researched or 629
	786	+	possessed. Any person who cultivates, processes, handles, markets, 630
	787	+	researches or possesses hemp shall: (1) Be licensed by the department 631
	788	+	pursuant to subsection (f) of this section; and (2) only acquire certified 632
	789	+	seeds. 633
	790	+	(e) Any person who sells hemp products shall not be required to be 634
	791	+	licensed pursuant to subsection (d) of this section provided such 635
	792	+	person only engages in (1) the retail sale of hemp in which no further 636
	793	+	processing of the hemp product occurs and the hemp products are 637
	794	+	acquired from a person licensed pursuant to subsection (d) of this 638
	795	+	section, or (2) the retail sale of hemp products that are otherwise 639
	796	+	authorized under federal law. 640
	797	+	(f) Any applicant for a license to cultivate, process, handle, market, 641
	798	+	research or possess hemp shall meet each of the following 642
	799	+	requirements: 643
	800	+	(1) Each applicant shall submit an application for a license that 644
	801	+	Governor's Bill No. 872
	802	+
	803	+
	804	+
	805	+	LCO No. 4474 22 of 30
	806	+
	807	+	consists, at a minimum, of the following: (A) The name and address of 645
	808	+	the applicant; (B) the name and address of the plot for the hemp 646
	809	+	operation of the applicant; (C) the global positioning system 647
	810	+	coordinates and legal description of the plot used for the hemp 648
	811	+	operation; (D) the acreage size of the plot where the hemp will be 649
	812	+	cultivated; (E) written consent allowing the Department of Agriculture 650
	813	+	to conduct both scheduled and random inspections of and around the 651
	814	+	premises on which the hemp is to be sown, cultivated, harvested, 652
	815	+	stored and processed; and (F) any other information as may be 653
	816	+	required by the commissioner; 654
	817	+	(2) Each applicant for a license shall submit to and pay for an annual 655
	818	+	criminal background check; 656
	819	+	(3) No person who has been convicted of any felony as defined in 657
	820	+	the federal act shall be eligible to obtain a license; and 658
	821	+	(4) Each applicant who obtains such a license shall pay for all costs 659
	822	+	of testing any hemp samples at a laboratory approved by the 660
	823	+	commissioner for the purpose of determining the THC concentration 661
	824	+	level. 662
	825	+	(g) Any license issued by the department pursuant to this section 663
	826	+	shall expire annually on December thirty-first and may be renewed 664
	827	+	during the preceding month of October. Such licenses shall not be 665
	828	+	transferable. 666
	829	+	(h) The following fees shall apply for each such license and 667
	830	+	inspection: 668
	831	+	(1) A nonrefundable license application fee of two hundred dollars; 669
	832	+	(2) A nonrefundable annual license fee of four hundred fifty dollars 670
	833	+	for one plot consisting of ten acres or less and a nonrefundable annual 671
	834	+	license fee of four hundred fifty dollars for each additional plot that 672
	835	+	consists of not more than ten acres; and 673
	836	+	Governor's Bill No. 872
	837	+
	838	+
	839	+
	840	+	LCO No. 4474 23 of 30
	841	+
	842	+	(3) In the event that resampling is required due to a test result that 674
	843	+	shows a violation of any provision of this section or any regulation 675
	844	+	adopted pursuant to this section, the licensee shall pay a resampling 676
	845	+	inspection fee of three hundred dollars. Such fee shall be paid prior to 677
	846	+	the collection by the department of the post-harvest sample. 678
	847	+	(i) After receipt and review of an application for licensure pursuant 679
	848	+	to subsection (f) of this section, the commissioner may grant an annual 680
	849	+	license upon a finding that the applicant meets the requirements of 681
	850	+	subsection (f) of this section. 682
	851	+	(j) The department may temporarily suspend a license for a period 683
	852	+	of not more than sixty days if the licensee: 684
	853	+	(1) Violated any provision of this section or a regulation adopted 685
	854	+	pursuant to this section; 686
	855	+	(2) Made any false statement to the department or the department's 687
	856	+	representatives; 688
	857	+	(3) Pled guilty to, or has been convicted of, any felony, as defined in 689
	858	+	the federal act; 690
	859	+	(4) Failed to comply with the state plan; or 691
	860	+	(5) Failed to comply with an order of the department, a 692
	861	+	representative of the Connecticut State Police or any law enforcement 693
	862	+	agency. 694
	863	+	(k) The department may temporarily suspend a license for a period 695
	864	+	not to exceed sixty days, for cause, without giving the licensee advance 696
	865	+	notice of the charge against him or her or an opportunity to be heard. 697
	866	+	(l) The department shall not permanently revoke any license issued 698
	867	+	pursuant to subsection (f) of this section until the department notifies 699
	868	+	the licensee of the charge against him or her and gives the licensee an 700
	869	+	opportunity for a hearing before the commissioner. 701
	870	+	Governor's Bill No. 872
	871	+
	872	+
	873	+
	874	+	LCO No. 4474 24 of 30
	875	+
	876	+	(m) The department may permanently revoke a license if the 702
	877	+	licensee admits, or is found in a hearing, to have: 703
	878	+	(1) Violated any provision of this section or any regulation adopted 704
	879	+	pursuant to this section; 705
	880	+	(2) Made any false statement to the department or a representative 706
	881	+	of the department; 707
	882	+	(3) Pled guilty to, or been convicted of a felony, as defined in the 708
	883	+	federal act; or 709
	884	+	(4) Failed to comply with any order from the department, a 710
	885	+	representative of the Connecticut State Police or any law enforcement 711
	886	+	officer. 712
	887	+	(n) Any violation of the state plan by any licensee shall be subject to 713
	888	+	enforcement in accordance with the federal act. 714
	889	+	(o) The department may impose a monetary civil penalty, not to 715
	890	+	exceed two thousand five hundred dollars per violation, and two 716
	891	+	hundred fifty dollars per day, on any person who violates the 717
	892	+	provisions of this section or any regulation adopted pursuant to this 718
	893	+	section. 719
	894	+	(p) All documents included in an application for a license submitted 720
	895	+	under this section shall be subject to disclosure in accordance with 721
	896	+	chapter 14 of the general statutes except the address of a licensee's 722
	897	+	cultivation or production facility, any document describing, depicting 723
	898	+	or otherwise outlining a licensee's security schematics or global 724
	899	+	positioning system coordinates. 725
	900	+	(q) The department may inspect and shall have access to the 726
	901	+	buildings, equipment, supplies, vehicles, records, real property and 727
	902	+	other information deemed necessary to carry out the department's 728
	903	+	duties pursuant to this section from any person participating in the 729
	904	+	planting, cultivating, harvesting, possessing, processing, purchasing, 730
	905	+	Governor's Bill No. 872
	906	+
	907	+
	908	+
	909	+	LCO No. 4474 25 of 30
	910	+
	911	+	marketing or researching of hemp. The department shall establish an 731
	912	+	inspection and testing program to determine THC levels and ensure 732
	913	+	compliance with the limits on THC concentration in all hemp grown in 733
	914	+	the state by a licensee. The licensee shall be responsible for all costs of 734
	915	+	disposal of hemp samples and any hemp produced by a licensee that 735
	916	+	violates the provisions of this section or any regulation adopted 736
	917	+	pursuant to this section. The department shall order and conduct post-737
	918	+	harvest THC testing of a plot if the results of an initial THC test on the 738
	919	+	pre-harvest sample provided and collected by the licensee indicate a 739
	920	+	THC concentration in the pre-harvest sample in excess of permitted 740
	921	+	levels. 741
	922	+	(r) The department may issue any order necessary to effectuate the 742
	923	+	purposes of this section provided nothing in this section shall be 743
	924	+	construed to limit or interfere with any authority of the Commissioner 744
	925	+	of Consumer Protection. Any person aggrieved by any such order may 745
	926	+	request a hearing in accordance with the provisions of chapter 54 of 746
	927	+	the general statutes. 747
	928	+	(s) All licensees shall maintain records required by the federal act, 748
	929	+	this section and any regulation adopted pursuant to this section. Each 749
	930	+	licensee shall make such records available to the department upon 750
	931	+	request of the commissioner. 751
	932	+	(t) The commissioner may adopt regulations, in accordance with the 752
	933	+	provisions of chapter 54 of the general statutes, to implement the 753
	934	+	provisions of this section, including, but not limited to: (1) Provisions 754
	935	+	for the licensure of persons who wish to commercially cultivate, 755
	936	+	handle, process, research or market hemp; (2) establishing fees for 756
	937	+	licensing, inspections and testing conducted pursuant to this section; 757
	938	+	(3) establishing sampling and testing procedures to ensure that hemp 758
	939	+	and hemp products cultivated, processed or marketed under the 759
	940	+	authority of this section do not exceed the concentration levels defined 760
	941	+	in the federal act; (4) prescribing a procedure for the effective disposal 761
	942	+	of plants, whether growing or not, that are produced in violation of the 762
	943	+	Governor's Bill No. 872
	944	+
	945	+
	946	+
	947	+	LCO No. 4474 26 of 30
	948	+
	949	+	federal act or the provisions of this section or the state plan and 763
	950	+	products derived from those plants; and (5) the investigation of 764
	951	+	complaints, the imposition of disciplinary sanctions, including 765
	952	+	suspension and revocation of licenses, and the imposition of monetary 766
	953	+	fines. 767
	954	+	(u) Notwithstanding any provision of the general statutes: (1) 768
	955	+	Marijuana does not include hemp or hemp products, (2) THC that is 769
	956	+	found in hemp shall not be considered to be THC that constitutes a 770
	957	+	controlled substance; (3) hemp-derived cannabinoids, including CBD, 771
	958	+	shall not constitute controlled substances or adulterants; (4) hemp 772
	959	+	products that contain one or more hemp-derived cannabinoids, such as 773
	960	+	CBD, intended for ingestion are to be considered foods, not controlled 774
	961	+	substances or adulterated products; and (5) whenever the 775
	962	+	commissioner believes or has reasonable cause to believe that the 776
	963	+	actions of a licensee or any employee of a licensee will violate any state 777
	964	+	law concerning the growing, cultivation or possession of marijuana, 778
	965	+	the commissioner shall notify the Department of Emergency Services 779
	966	+	and Public Protection and the State Police. 780
	967	+	(v) The commissioner may establish and operate an agricultural 781
	968	+	pilot program, as defined in 7 USC 5940, as amended from time to 782
	969	+	time, for hemp research to enable the department, and its licensees, to 783
	970	+	study methods of cultivating, processing and marketing hemp. All 784
	971	+	licensees pursuant to this section shall be deemed participants in the 785
	972	+	state agricultural pilot program for hemp research. Such pilot program 786
	973	+	shall operate until the earlier of the date of a fully approved state plan 787
	974	+	under the federal act or the date of repeal of the federal law permitting 788
	975	+	the state's agricultural pilot program for hemp research. 789
	976	+	(w) No person shall ship, transport or deliver within this state, or 790
	977	+	market, sell or offer for sale, any edible hemp product that contains 791
	978	+	retail packaging information advertising the presence of CBD or as 792
	979	+	containing CBD and intended for human consumption, unless the 793
	980	+	name of the brand, trade name or other distinctive characteristic by 794
	981	+	Governor's Bill No. 872
	982	+
	983	+
	984	+
	985	+	LCO No. 4474 27 of 30
	986	+
	987	+	which such edible hemp product is bought and sold, the name and 795
	988	+	address of the manufacturer of such product and the name and 796
	989	+	address of each wholesaler who is authorized by the manufacturer or 797
	990	+	such manufacturer's representative to sell such edible hemp product is 798
	991	+	registered with the department, and until such brand, trade name or 799
	992	+	other distinctive characteristic has been approved by the department. 800
	993	+	Such registration shall be valid for a period of two years. 801
	994	+	(1) The registration of brands shall be made on forms provided by 802
	995	+	the commissioner. Each brand registration shall be accompanied by a 803
	996	+	sample label that contains at a minimum the following information: 804
	997	+	(A) A scannable bar code or Quick Response Code linked to a 805
	998	+	document that contains information with respect to the manufacture of 806
	999	+	the hemp product, including the: 807
	1000	+	(i) Batch identification number; 808
	1001	+	(ii) Product name; 809
	1002	+	(iii) Batch date; 810
	1003	+	(iv) Expiration date; 811
	1004	+	(v) Ingredients used, including the: 812
	1005	+	(I) Ingredient name; 813
	1006	+	(II) Name of the company that manufactured the ingredient; 814
	1007	+	(III) Company or product identification number or code, if 815
	1008	+	applicable; and 816
	1009	+	(IV) Ingredient lot number; and 817
	1010	+	(vi) Download link for a certificate of analysis for the hemp product. 818
	1011	+	(B) A statement that the edible hemp product contains not more 819
	1012	+	Governor's Bill No. 872
	1013	+
	1014	+
	1015	+
	1016	+	LCO No. 4474 28 of 30
	1017	+
	1018	+	than three-tenths per cent (0.3%) total THC, including precursors, by 820
	1019	+	weight. 821
	1020	+	(2) The fee for such registration, or renewal thereof, shall be two 822
	1021	+	hundred dollars for out-of-state shippers and fifty dollars for 823
	1022	+	Connecticut manufacturers for each brand so registered, payable by 824
	1023	+	the manufacturer or such manufacturer's authorized representative 825
	1024	+	when such edible hemp products are manufactured in the United 826
	1025	+	States and by the importer or such importer's authorized 827
	1026	+	representative when such edible hemp products are imported into the 828
	1027	+	United States. 829
	1028	+	(3) Nothing in this section shall be construed to mean the 830
	1029	+	registration of any product that is regulated as a drug under the 831
	1030	+	federal Food, Drug and Cosmetic Act, 21 USC 301 et seq., as amended 832
	1031	+	from time to time, or any product licensed or registered pursuant to 833
	1032	+	section 21a-246 or chapter 420f of the general statutes. 834
	1033	+	Sec. 15. Section 5-156a of the general statutes is amended by adding 835
	1034	+	subsection (h) as follows (Effective July 1, 2019): 836
	1035	+	(NEW) (h) Any recovery of pension costs from appropriated or 837
	1036	+	nonappropriated sources other than the General Fund and Special 838
	1037	+	Transportation Fund that causes the payments to the State Employees 839
	1038	+	Retirement System to exceed the actuarially determined employer 840
	1039	+	contribution for any fiscal year shall be deposited into the State 841
	1040	+	Employees Retirement Fund as an additional employer contribution at 842
	1041	+	the end of such fiscal year. 843
	1042	+	Sec. 16. Subsection (h) of section 10-183g of the general statutes is 844
	1043	+	repealed and the following is substituted in lieu thereof (Effective July 845
	1044	+	1, 2019): 846
	1045	+	(h) A benefit computed under subsections (a) to (d), inclusive, of 847
	1046	+	this section and under subsections (a) to (g), inclusive, of section 10-848
	1047	+	183aa shall continue until the death of the member. [If] 849
	1048	+	Governor's Bill No. 872
	1049	+
	1050	+
	1051	+
	1052	+	LCO No. 4474 29 of 30
	1053	+
	1054	+	Notwithstanding the provisions of subsection (a) of section 10-183c, if 850
	1055	+	twenty-five per cent of the aggregate benefits paid to a member before 851
	1056	+	July 1, 2019, and prior to death, plus fifty per cent of the aggregate 852
	1057	+	benefits paid to a member on or after July 1, 2019, and prior to death, 853
	1058	+	are less than such member's accumulated regular contributions, 854
	1059	+	including any one per cent contributions withheld prior to July 1, 1989, 855
	1060	+	and any voluntary contributions plus credited interest, the member's 856
	1061	+	designated beneficiary shall be paid on the death of the member a 857
	1062	+	lump sum amount equal to the difference between such aggregate 858
	1063	+	payments and such accumulated contributions plus credited interest 859
	1064	+	that had been accrued to the date benefits commenced. 860
	1065	+	Sec. 17. (NEW) (Effective July 1, 2019) Notwithstanding the 861
	1066	+	provisions of chapters 16 and 66 of the general statutes, transportation 862
	1067	+	allowances for members of the General Assembly pursuant to section 863
	1068	+	2-15 of the general statutes shall be excluded from the calculations of 864
	1069	+	base salary for the purpose of determining the retirement income of 865
	1070	+	any member who retires on or after July 1, 2019. 866
	1071	+	Sec. 18. Sections 4-66aa and 4-66bb of the general statutes are 867
	1072	+	repealed. (Effective July 1, 2019) 868
440	1073		This act shall take effect as follows and shall amend the following
441	1074		sections:
442	1075
443	1076		Section 1 from passage 12-7c(a)
444	1077		Sec. 2 from passage 4-8
445		-	Sec. 3 from passage 10a-8c(a)
446		-	Sec. 4 from passage 10a-8(b)
447		-	Sec. 5 July 1, 2019 New section
448		-	Sec. 6 from passage 31-230
449		-	Sec. 7 from passage 31-273(b)
450		-	Sec. 8 from passage 31-250(a)
451		-	Sec. 9 July 1, 2019 5-156a
	1078	+	Sec. 3 from passage 4-68s
	1079	+	Sec. 4 from passage 10a-8c(a)
	1080	+	Sec. 5 from passage 10a-8(b)
	1081	+	Sec. 6 July 1, 2019 7-34a(e)
	1082	+	Sec. 7 July 1, 2019 49-10(h)
	1083	+	Sec. 8 July 1, 2019 22-38a
	1084	+	Sec. 9 July 1, 2019 32-1s(b)
	1085	+	Sec. 10 July 1, 2019 New section
	1086	+	Sec. 11 from passage 31-230
	1087	+	Sec. 12 from passage 31-273(b)
	1088	+	Governor's Bill No. 872
452	1089
453		-	APP Joint Favorable Subst.
	1090	+
	1091	+
	1092	+	LCO No. 4474 30 of 30
	1093	+
	1094	+	Sec. 13 from passage 31-250(a)
	1095	+	Sec. 14 July 1, 2019 New section
	1096	+	Sec. 15 July 1, 2019 5-156a
	1097	+	Sec. 16 July 1, 2019 10-183g(h)
	1098	+	Sec. 17 July 1, 2019 New section
	1099	+	Sec. 18 July 1, 2019 Repealer section
	1100	+
	1101	+	Statement of Purpose:
	1102	+	To implement the Governor's budget recommendations.
	1103	+
	1104	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	1105	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	1106	+	not underlined.]
454	1107