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3 | 3 | | LCO No. 1164 1 of 8 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 111 |
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6 | 6 | | February Session, 2020 |
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7 | 7 | | LCO No. 1164 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on PLANNING AND DEVELOPMENT |
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11 | 11 | | |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | (PD) |
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15 | 15 | | |
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16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | AN ACT CONCERNING TH E LEGISLATIVE COMMISSIONERS' |
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20 | 20 | | RECOMMENDATIONS FOR TECHNICAL REVISIONS TO STATUTE S |
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21 | 21 | | CONCERNING PLANNING AND DEVELOPMENT. |
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22 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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23 | 23 | | Assembly convened: |
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24 | 24 | | |
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25 | 25 | | Section 1. Subdivision (3) of subsection (a) of section 2-79a of the 2020 1 |
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26 | 26 | | supplement to the general statutes is repealed and the following is 2 |
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27 | 27 | | substituted in lieu thereof (Effective October 1, 2020): 3 |
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28 | 28 | | (3) On and after July 1, 2019, the commission shall consist of the 4 |
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29 | 29 | | president pro tempore of the Senate, the speaker of the House of 5 |
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30 | 30 | | Representatives, the minority leader of the Senate, the minority leader 6 |
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31 | 31 | | of the House of Representatives, the Secretary of the Office of Policy and 7 |
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32 | 32 | | Management, the Commissioner of Education, the Commissioner of 8 |
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33 | 33 | | Energy and Environmental Protection and the Commissioner of 9 |
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34 | 34 | | Economic and Community Development, or their designee s, and 10 |
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35 | 35 | | seventeen additional members as follows: (A) Six municipal officials 11 |
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36 | 36 | | appointed by the Governor, four of whom shall be selected from a list 12 |
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37 | 37 | | of nominees submitted to the Governor by the Connecticut Conference 13 |
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38 | 38 | | of Municipalities and two of whom shall be selected from a list 14 Raised Bill No. 111 |
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39 | 39 | | |
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40 | 40 | | |
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41 | 41 | | |
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42 | 42 | | LCO No. 1164 2 of 8 |
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43 | 43 | | |
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44 | 44 | | submitted by the Council of Small Towns. One of such six officials shall 15 |
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45 | 45 | | be from a town having a population of ten thousand or less persons, one 16 |
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46 | 46 | | shall be from a town having a population of more than ten thousand but 17 |
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47 | 47 | | less than twenty thousand persons, two shall be from towns having 18 |
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48 | 48 | | populations of more than twenty thousand but less than sixty thousand 19 |
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49 | 49 | | persons and two shall be from towns having populations of sixty 20 |
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50 | 50 | | thousand or more persons; (B) two local public education officials 21 |
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51 | 51 | | appointed by the Governor, one of whom shall be selected from a list of 22 |
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52 | 52 | | nominees submitted to the Governor by the Connecticut Association of 23 |
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53 | 53 | | Boards of Education and one of whom shall be selected from a list 24 |
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54 | 54 | | submitted by the Connecticut Association of Public Schoo l 25 |
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55 | 55 | | Superintendents; (C) one representative of a regional council of 26 |
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56 | 56 | | governments appointed by the Governor from a list of nominees 27 |
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57 | 57 | | submitted to the Governor by the Connecticut Association of Councils 28 |
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58 | 58 | | of Governments; (D) one representative of organized labor appointed 29 |
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59 | 59 | | by the Governor from a list of nominees submitted to the Governor by 30 |
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60 | 60 | | the Connecticut AFL-CIO; (E) five persons who do not hold elected or 31 |
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61 | 61 | | appointed office in state or local government, one of whom shall be 32 |
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62 | 62 | | appointed by the Governor, one of whom shall be appointed by the 33 |
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63 | 63 | | president pro tempore of the Senate, one of whom shall be appointed by 34 |
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64 | 64 | | the speaker of the House of Representatives, one of whom shall be 35 |
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65 | 65 | | appointed by the minority leader of the Senate and one of whom shall 36 |
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66 | 66 | | be appointed by the minority leader of the House of Representatives; (F) 37 |
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67 | 67 | | one representative of the Connecticut Conference of Municipalities 38 |
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68 | 68 | | appointed by said conference; and (G) one representative of the Council 39 |
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69 | 69 | | of Small Towns appointed by said council. 40 |
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70 | 70 | | Sec. 2. Subsection (c) of section 7-159d of the 2020 supplement to the 41 |
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71 | 71 | | general statutes is repealed and the following is substituted in lieu 42 |
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72 | 72 | | thereof (Effective October 1, 2020): 43 |
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73 | 73 | | (c) The budget-making authority of such municipality may, from 44 |
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74 | 74 | | time to time, direct the treasurer to invest a portion of such Climate 45 |
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75 | 75 | | Change and Coastal Reserve Fund as in the opinion of such authority is 46 |
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76 | 76 | | advisable, provided: (1) Not more than forty per cent, or with respect to 47 |
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77 | 77 | | such a reserve fund for which the budget-making authority has adopted 48 Raised Bill No. 111 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LCO No. 1164 3 of 8 |
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82 | 82 | | |
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83 | 83 | | an asset allocation and investment policy, fifty per cent, of the total 49 |
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84 | 84 | | amount of such reserve fund shall be invested in equity securities, and 50 |
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85 | 85 | | (2) any portion of such reserve fund not invested pursuant to 51 |
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86 | 86 | | subdivision (1) of this subsection may be invested in: (A) Bonds or 52 |
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87 | 87 | | obligations of, or guaranteed by, the state or the United States, or 53 |
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88 | 88 | | agencies or instrumentalities of the United States, (B) certificates of 54 |
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89 | 89 | | deposit, commercial paper, savings accounts and bank acceptances, (C) 55 |
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90 | 90 | | the obligations of any state of the United States or any political 56 |
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91 | 91 | | subdivision thereof or the obligations of any instrumentality, authority 57 |
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92 | 92 | | or agency of any state or political subdivision thereof, if, at the time of 58 |
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93 | 93 | | investment, such obligations are rated in the top rating categories of any 59 |
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94 | 94 | | nationally recognized rating service or of any rating service recognized 60 |
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95 | 95 | | by the Banking Commissioner, and applicable to such obligations, (D) 61 |
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96 | 96 | | the obligations of any regional school district in this state, of any 62 |
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97 | 97 | | municipality in this state or any metropolitan district in this state, if, at 63 |
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98 | 98 | | the time of investment, such obligations of such government entity are 64 |
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99 | 99 | | rated in one of the top two rating categories of any nationally recognized 65 |
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100 | 100 | | rating service or of any rating service recognized by the Banking 66 |
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101 | 101 | | Commissioner, and applicable to such obligations, (E) [in] any fund in 67 |
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102 | 102 | | which a trustee may invest pursuant to section 36a-353, (F) investment 68 |
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103 | 103 | | agreements with financial institutions whose long-term obligations are 69 |
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104 | 104 | | rated in the top two rating categories of any nationally recognized rating 70 |
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105 | 105 | | service or of any rating service recognized by the Banking 71 |
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106 | 106 | | Commissioner or whose short-term obligations are rated in the top 72 |
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107 | 107 | | rating category of any nationally recognized rating service or of any 73 |
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108 | 108 | | rating service recognized by the Banking Commissioner, or (G) 74 |
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109 | 109 | | investment agreements fully secured by obligations of, or guaranteed 75 |
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110 | 110 | | by, the United States or agencies or instrumentalities of the United 76 |
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111 | 111 | | States. 77 |
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112 | 112 | | Sec. 3. Subdivision (9) of section 16a-25 of the general statutes is 78 |
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113 | 113 | | repealed and the following is substituted in lieu thereof (Effective October 79 |
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114 | 114 | | 1, 2020): 80 |
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115 | 115 | | (9) "Plan", when referring to the state plan [for] of conservation and 81 |
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116 | 116 | | development, means the text of such plan and any accompanying 82 Raised Bill No. 111 |
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117 | 117 | | |
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118 | 118 | | |
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119 | 119 | | |
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120 | 120 | | LCO No. 1164 4 of 8 |
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121 | 121 | | |
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122 | 122 | | locational guide map. 83 |
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123 | 123 | | Sec. 4. Subdivision (8) of subsection (a) of section 22a-92 of the general 84 |
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124 | 124 | | statutes is repealed and the following is substituted in lieu thereof 85 |
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125 | 125 | | (Effective October 1, 2020): 86 |
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126 | 126 | | (8) To coordinate the activities of public agencies to ensure that state 87 |
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127 | 127 | | expenditures enhance development while affording maximum 88 |
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128 | 128 | | protection to natural coastal resources and processes in a manner 89 |
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129 | 129 | | consistent with the state plan [for] of conservation and development 90 |
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130 | 130 | | adopted pursuant to part I of chapter 297; 91 |
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131 | 131 | | Sec. 5. Subsection (a) of section 22a-100 of the general statutes is 92 |
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132 | 132 | | repealed and the following is substituted in lieu thereof (Effective October 93 |
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133 | 133 | | 1, 2020): 94 |
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134 | 134 | | (a) All major state plans, other than the state plan [for] of conservation 95 |
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135 | 135 | | and development adopted pursuant to part I of chapter 297, which affect 96 |
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136 | 136 | | the coastal area shall be consistent with the goals and policies stated in 97 |
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137 | 137 | | section 22a-92, as amended by this act, and existing state plans, other 98 |
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138 | 138 | | than the state plan [for] of conservation and development adopted 99 |
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139 | 139 | | pursuant to part I of chapter 297, which affect the coastal area shall, on 100 |
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140 | 140 | | or before July 1, 1981, be revised, if necessary, to insure consistency with 101 |
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141 | 141 | | this chapter. Agencies responsible for revising state plans, other than the 102 |
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142 | 142 | | state plan [for] of conservation and development adopted pursuant to 103 |
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143 | 143 | | part I of chapter 297, shall consult with the commissioner in making 104 |
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144 | 144 | | such revisions. 105 |
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145 | 145 | | Sec. 6. Subsection (b) of section 25-102gg of the general statutes is 106 |
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146 | 146 | | repealed and the following is substituted in lieu thereof (Effective October 107 |
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147 | 147 | | 1, 2020): 108 |
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148 | 148 | | (b) The assembly shall, from time to time, review, and may, after 109 |
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149 | 149 | | public hearing of which at least fifteen [days] days' notice has been given 110 |
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150 | 150 | | in a newspaper or newspapers having a circulation in the conservation 111 |
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151 | 151 | | zone, revise the standards established pursuant to special act 79-77, as 112 |
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152 | 152 | | amended by special act 81-1. Such revisions shall be consistent with the 113 Raised Bill No. 111 |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | |
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156 | 156 | | LCO No. 1164 5 of 8 |
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157 | 157 | | |
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158 | 158 | | state plan [for] of conservation and development adopted pursuant to 114 |
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159 | 159 | | part I of chapter 297 and the purposes of this chapter. A copy of the 115 |
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160 | 160 | | proposed revisions shall be furnished at least fifteen days prior thereto 116 |
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161 | 161 | | to the conservation commission, zoning commission, the planning 117 |
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162 | 162 | | commission or combined planning and zoning commission of the 118 |
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163 | 163 | | municipalities to be affected thereby and shall be filed at least ten days 119 |
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164 | 164 | | prior to the hearing in the office of the town or city clerk of the 120 |
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165 | 165 | | municipalities affected thereby. 121 |
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166 | 166 | | Sec. 7. Subdivision (17) of section 25-201 of the general statutes is 122 |
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167 | 167 | | repealed and the following is substituted in lieu thereof (Effective October 123 |
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168 | 168 | | 1, 2020): 124 |
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169 | 169 | | (17) "State plan [for] of conservation and development" means the 125 |
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170 | 170 | | state plan [for] of conservation and development prepared pursuant to 126 |
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171 | 171 | | part I of chapter 297; 127 |
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172 | 172 | | Sec. 8. Subsection (e) of section 25-204 of the general statutes is 128 |
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173 | 173 | | repealed and the following is substituted in lieu thereof (Effective October 129 |
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174 | 174 | | 1, 2020): 130 |
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175 | 175 | | (e) After adoption pursuant to subsection (d) of this section of an 131 |
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176 | 176 | | inventory, statement of objectives and map, the river committee shall 132 |
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177 | 177 | | prepare a report on all federal, state and municipal laws, plans, 133 |
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178 | 178 | | programs and proposed activities which may affect the river corridor 134 |
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179 | 179 | | defined in such map. Such laws shall include regulations adopted 135 |
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180 | 180 | | pursuant to chapter 440 and zoning, subdivision and site plan 136 |
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181 | 181 | | regulations adopted pursuant to section 8-3. Such plans shall include 137 |
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182 | 182 | | plans of conservation and development adopted pursuant to section 8-138 |
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183 | 183 | | 23, the state plan [for] of conservation and development, water utility 139 |
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184 | 184 | | supply plans adopted pursuant to section 25-32d, coordinated water 140 |
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185 | 185 | | system plans adopted pursuant to section 25-33h, municipal open space 141 |
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186 | 186 | | plans, the commissioner's fish and wildlife plans, and publicly-owned 142 |
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187 | 187 | | wastewater treatment facility plans. State and regional agencies shall, 143 |
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188 | 188 | | within available resources, assist the river committee in identifying such 144 |
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189 | 189 | | laws, plans, programs and proposed activities. The report to be 145 Raised Bill No. 111 |
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190 | 190 | | |
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191 | 191 | | |
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192 | 192 | | |
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193 | 193 | | LCO No. 1164 6 of 8 |
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194 | 194 | | |
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195 | 195 | | prepared pursuant to this section shall identify any conflicts between 146 |
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196 | 196 | | such federal, state, regional and municipal laws, plans, programs and 147 |
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197 | 197 | | proposed activities and the river committee's objectives for river 148 |
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198 | 198 | | corridor protection and preservation as reflected in the statement of 149 |
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199 | 199 | | objectives. If conflicts are identified, the river committee shall notify the 150 |
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200 | 200 | | applicable state, regional or municipal agencies and such agencies shall, 151 |
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201 | 201 | | within available resources, attempt with the river commission to resolve 152 |
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202 | 202 | | such conflicts. 153 |
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203 | 203 | | Sec. 9. Subdivisions (1) and (2) of subsection (d) of section 25-206 of 154 |
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204 | 204 | | the general statutes are repealed and the following is substituted in lieu 155 |
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205 | 205 | | thereof (Effective October 1, 2020): 156 |
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206 | 206 | | (d) (1) Every major state plan other than the state plan [for] of 157 |
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207 | 207 | | conservation and development, to the extent that it affects a designated 158 |
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208 | 208 | | river corridor, shall be consistent with the approved river corridor 159 |
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209 | 209 | | protection plan for such corridor, and any state plan which is 160 |
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210 | 210 | | inconsistent with such approved river corridor protection plan shall be 161 |
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211 | 211 | | modified accordingly. Such modifications shall be made in consultation 162 |
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212 | 212 | | with the commissioner at the next scheduled revision of such plan. 163 |
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213 | 213 | | (2) If the commissioner finds that the state plan [for] of conservation 164 |
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214 | 214 | | and development is inconsistent with an approved river corridor 165 |
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215 | 215 | | protection plan for a designated river corridor, he shall apply to the 166 |
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216 | 216 | | secretary for a revision pursuant to section 16a-32. 167 |
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217 | 217 | | Sec. 10. Subdivision (13) of section 25-231 of the general statutes is 168 |
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218 | 218 | | repealed and the following is substituted in lieu thereof (Effective October 169 |
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219 | 219 | | 1, 2020): 170 |
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220 | 220 | | (13) "State plan [for] of conservation and development" means the 171 |
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221 | 221 | | state plan [for] of conservation and development prepared pursuant to 172 |
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222 | 222 | | part I of chapter 297; 173 |
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223 | 223 | | Sec. 11. Subsection (e) of section 25-234 of the general statutes is 174 |
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224 | 224 | | repealed and the following is substituted in lieu thereof (Effective October 175 |
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225 | 225 | | 1, 2020): 176 Raised Bill No. 111 |
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226 | 226 | | |
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227 | 227 | | |
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228 | 228 | | |
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229 | 229 | | LCO No. 1164 7 of 8 |
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230 | 230 | | |
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231 | 231 | | (e) After adoption of an inventory, statement of objectives and map, 177 |
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232 | 232 | | pursuant to subsection (d) of this section, the river commission shall 178 |
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233 | 233 | | prepare a report on all federal, state, regional and municipal laws, plans, 179 |
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234 | 234 | | programs and proposed activities that may affect the river corridor 180 |
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235 | 235 | | defined in such map. Such federal, state, regional and municipal laws 181 |
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236 | 236 | | shall include regulations adopted pursuant to chapter 440, and zoning, 182 |
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237 | 237 | | subdivision and site plan regulations adopted pursuant to section 8-3. 183 |
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238 | 238 | | Such federal, state, regional and municipal plans shall include plans of 184 |
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239 | 239 | | development adopted pursuant to section 8-23, the state plan [for] of 185 |
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240 | 240 | | conservation and development, water utility supply plans submitted 186 |
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241 | 241 | | pursuant to section 25-32d, coordinated water system plans submitted 187 |
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242 | 242 | | pursuant to section 25-33h, plans prepared by regional planning 188 |
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243 | 243 | | organizations, as defined in section 4-124i, and plans of publicly owned 189 |
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244 | 244 | | wastewater treatment facilities whose discharges may affect the subject 190 |
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245 | 245 | | river corridor. State and regional agencies shall, within available 191 |
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246 | 246 | | resources, assist the river commission in identifying such laws, plans, 192 |
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247 | 247 | | programs and proposed activities. The report to be prepared pursuant 193 |
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248 | 248 | | to this section shall identify any conflicts between such federal, state, 194 |
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249 | 249 | | regional and municipal laws, plans, programs and proposed activities 195 |
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250 | 250 | | and the river commission's objectives for river corridor management as 196 |
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251 | 251 | | reflected in the statement of objectives. If conflicts are identified, the 197 |
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252 | 252 | | river commission shall notify the applicable state, regional or municipal 198 |
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253 | 253 | | agencies and such agencies shall, within available resources and in 199 |
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254 | 254 | | consultation with the river commission, attempt to resolve such 200 |
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255 | 255 | | conflicts. 201 |
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256 | 256 | | Sec. 12. Subdivisions (1) and (2) of subsection (e) of section 25-236 of 202 |
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257 | 257 | | the general statutes are repealed and the following is substituted in lieu 203 |
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258 | 258 | | thereof (Effective October 1, 2020): 204 |
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259 | 259 | | (e) (1) Every major state plan, other than the state plan [for] of 205 |
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260 | 260 | | conservation and development, to the extent that such major state plan 206 |
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261 | 261 | | affects any river corridor for which the commissioner has approved a 207 |
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262 | 262 | | river corridor management plan, shall be consistent with such 208 |
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263 | 263 | | management plan. Any major state plan, other than the state plan [for] 209 |
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264 | 264 | | of conservation and development, which is inconsistent with a river 210 Raised Bill No. 111 |
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265 | 265 | | |
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266 | 266 | | |
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267 | 267 | | |
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268 | 268 | | LCO No. 1164 8 of 8 |
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269 | 269 | | |
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270 | 270 | | corridor management plan shall be modified accordingly. Such 211 |
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271 | 271 | | modifications shall be made in consultation with the commissioner at 212 |
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272 | 272 | | the next scheduled revision of such plan. 213 |
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273 | 273 | | (2) If all the member municipalities of a river commission have 214 |
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274 | 274 | | amended their applicable laws and plans pursuant to subsection (b) of 215 |
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275 | 275 | | this section and if the commissioner finds that the state plan [for] of 216 |
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276 | 276 | | conservation and development is inconsistent with the subject river 217 |
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277 | 277 | | corridor management plan, he shall apply to the secretary for a revision 218 |
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278 | 278 | | pursuant to section 16a-32.219 |
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279 | 279 | | This act shall take effect as follows and shall amend the following |
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280 | 280 | | sections: |
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281 | 281 | | |
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282 | 282 | | Section 1 October 1, 2020 2-79a(a)(3) |
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283 | 283 | | Sec. 2 October 1, 2020 7-159d(c) |
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284 | 284 | | Sec. 3 October 1, 2020 16a-25(9) |
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285 | 285 | | Sec. 4 October 1, 2020 22a-92(a)(8) |
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286 | 286 | | Sec. 5 October 1, 2020 22a-100(a) |
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287 | 287 | | Sec. 6 October 1, 2020 25-102gg(b) |
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288 | 288 | | Sec. 7 October 1, 2020 25-201(17) |
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289 | 289 | | Sec. 8 October 1, 2020 25-204(e) |
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290 | 290 | | Sec. 9 October 1, 2020 25-206(d)(1) and (2) |
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291 | 291 | | Sec. 10 October 1, 2020 25-231(13) |
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292 | 292 | | Sec. 11 October 1, 2020 25-234(e) |
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293 | 293 | | Sec. 12 October 1, 2020 25-236(e)(1) and (2) |
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294 | 294 | | |
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295 | 295 | | Statement of Purpose: |
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296 | 296 | | To make technical revisions to statutes concerning planning and |
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297 | 297 | | development. |
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298 | 298 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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299 | 299 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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300 | 300 | | underlined.] |
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301 | 301 | | |
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