Connecticut 2023 Regular Session

Connecticut House Bill HB06684 Latest Draft

Bill / Comm Sub Version Filed 04/03/2023

                             
 
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General Assembly  Substitute Bill No. 6684  
January Session, 2023 
 
 
 
AN ACT EXCLUDING CERTAIN TARGET SHOOTING PISTOLS FROM 
PROVISIONS ON ASSAULT WEAPONS.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective July 1, 2023) (a) Not later than October 1, 1 
2023, the Commissioner of Emergency Services and Public Protection 2 
shall (1) identify semiautomatic pistols that (A) are defined as assault 3 
weapons in any provision of subparagraphs (B) to (F), inclusive, of 4 
subdivision (1) of section 53-202a of the general statutes, and (B) are 5 
designed for use in target shooting and sanctioned for such use by a 6 
United States or international target shooting organization or for use in 7 
the Olympic Games, and (2) post a list of such pistols on the Internet 8 
web site of the Department of Emergency Services and Public 9 
Protection. Such list shall be used for the purposes of identifying 10 
semiautomatic pistols that may be sold pursuant to subdivision (4) of 11 
subsection (b) of section 53-202b of the general statutes, as amended by 12 
this act, or that may be possessed pursuant to subsection (f) of section 13 
53-202c of the general statutes, as amended by this act, or subparagraph 14 
(A) of subdivision (2) of subsection (a) or subdivision (7) of subsection 15 
(f) of section 53-202d of the general statutes, as amended by this act. 16 
(b) The commissioner shall review the list posted pursuant to 17 
subsection (a) of this section not less frequently than annually and make 18 
any revisions to such list as the commissioner deems necessary. 19  Substitute Bill No. 6684 
 
 
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Sec. 2. Section 53-202b of the general statutes is repealed and the 20 
following is substituted in lieu thereof (Effective October 1, 2023): 21 
(a) (1) Any person who, within this state, distributes, transports or 22 
imports into the state, keeps for sale, or offers or exposes for sale, or who 23 
gives any assault weapon, except as provided by sections 53-202a to 53-24 
202k, inclusive, shall be guilty of a class C felony and shall be sentenced 25 
to a term of imprisonment of which two years may not be suspended or 26 
reduced by the court. 27 
(2) Any person who transfers, sells or gives any assault weapon to a 28 
person under eighteen years of age in violation of subdivision (1) of this 29 
subsection shall be sentenced to a term of imprisonment of six years, 30 
which shall not be suspended or reduced by the court and shall be in 31 
addition and consecutive to the term of imprisonment imposed under 32 
subdivision (1) of this subsection. 33 
(b) The provisions of subsection (a) of this section shall not apply to: 34 
(1) The sale of assault weapons to: (A) The Department of Emergency 35 
Services and Public Protection, police departments, the Department of 36 
Correction, the Division of Criminal Justice, the Department of Motor 37 
Vehicles, the Department of Energy and Environmental Protection or 38 
the military or naval forces of this state or of the United States, [;] (B) a 39 
sworn and duly certified member of an organized police department, 40 
the Division of State Police within the Department of Emergency 41 
Services and Public Protection or the Department of Correction, a chief 42 
inspector or inspector in the Division of Criminal Justice, a salaried 43 
inspector of motor vehicles designated by the Commissioner of Motor 44 
Vehicles, a conservation officer or special conservation officer appointed 45 
by the Commissioner of Energy and Environmental Protection pursuant 46 
to section 26-5, or a constable who is certified by the Police Officer 47 
Standards and Training Council and appointed by the chief executive 48 
authority of a town, city or borough to perform criminal law 49 
enforcement duties, pursuant to a letter on the letterhead of such 50 
department, division, commissioner or authority authorizing the 51  Substitute Bill No. 6684 
 
 
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purchase and stating that the sworn member, inspector, officer or 52 
constable will use the assault weapon in the discharge of official duties, 53 
and that a records check indicates that the sworn member, inspector, 54 
officer or constable has not been convicted of a crime of family violence, 55 
for use by such sworn member, inspector, officer or constable in the 56 
discharge of such sworn member's, inspector's, officer's or constable's 57 
official duties or when off duty, (C) a member of the military or naval 58 
forces of this state or of the United States, or (D) a nuclear facility 59 
licensed by the United States Nuclear Regulatory Commission for the 60 
purpose of providing security services at such facility, or any contractor 61 
or subcontractor of such facility for the purpose of providing security 62 
services at such facility; 63 
(2) A person who is the executor or administrator of an estate that 64 
includes an assault weapon for which a certificate of possession has 65 
been issued under section 53-202d, as amended by this act, which is 66 
disposed of as authorized by the Probate Court, if the disposition is 67 
otherwise permitted by sections 53-202a to 53-202k, inclusive; 68 
(3) The transfer of an assault weapon for which a certificate of 69 
possession has been issued under section 53-202d, as amended by this 70 
act, by bequest or intestate succession, or, upon the death of a testator 71 
or settlor: (A) To a trust, or (B) from a trust to a beneficiary who is 72 
eligible to possess the assault weapon; 73 
(4) The sale of a semiautomatic pistol that is defined as an assault 74 
weapon in any provision of subparagraphs (B) to (F), inclusive, of 75 
subdivision (1) of section 53-202a that the Commissioner of Emergency 76 
Services and Public Protection [designates as being designed expressly 77 
for use in target shooting events at the Olympic games sponsored by the 78 
International Olympic Committee pursuant to regulations adopted 79 
under this subdivision] identifies on a list posted on the Internet web 80 
site of the Department of Emergency Services and Public Protection 81 
pursuant to section 1 of this act, and for which the purchaser signs a 82 
form prescribed by the commissioner and provided by the seller that 83 
indicates that the pistol will be used by the purchaser primarily for 84  Substitute Bill No. 6684 
 
 
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target shooting practice and events. [The Commissioner of Emergency 85 
Services and Public Protection shall adopt regulations, in accordance 86 
with chapter 54, to designate semiautomatic pistols that are defined as 87 
assault weapons in any provision of subparagraphs (B) to (F), inclusive, 88 
of subdivision (1) of section 53-202a that may be sold pursuant to this 89 
subdivision, provided the use of such pistols is sanctioned by the 90 
International Olympic Committee and USA Shooting, or any 91 
subsequent corresponding governing board for international shooting 92 
competition in the United States.] 93 
Sec. 3. Section 53-202c of the general statutes is repealed and the 94 
following is substituted in lieu thereof (Effective October 1, 2023): 95 
(a) Except as provided in section 53-202e, any person who, within this 96 
state, possesses an assault weapon, except as provided in sections 53-97 
202a to 53-202k, inclusive, and 53-202o, shall be guilty of a class D felony 98 
and shall be sentenced to a term of imprisonment of which one year may 99 
not be suspended or reduced by the court, except that a first-time 100 
violation of this subsection shall be a class A misdemeanor if (1) the 101 
person presents proof that such person lawfully possessed the assault 102 
weapon (A) prior to October 1, 1993, with respect to an assault weapon 103 
described in subparagraph (A) of subdivision (1) of section 53-202a, or 104 
(B) on April 4, 2013, under the provisions of sections 53-202a to 53-202k, 105 
inclusive, in effect on January 1, 2013, with respect to an assault weapon 106 
described in any provision of subparagraphs (B) to (F), inclusive, of 107 
subdivision (1) of section 53-202a, and (2) the person has otherwise 108 
possessed the assault weapon in compliance with subsection (f) of 109 
section 53-202d, as amended by this act. 110 
(b) The provisions of subsection (a) of this section shall not apply to 111 
the possession of assault weapons by: (1) The Department of Emergency 112 
Services and Public Protection, police departments, the Department of 113 
Correction, the Division of Criminal Justice, the Department of Motor 114 
Vehicles, the Department of Energy and Environmental Protection or 115 
the military or naval forces of this state or of the United States, (2) a 116 
sworn and duly certified member of an organized police department, 117  Substitute Bill No. 6684 
 
 
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the Division of State Police within the Department of Emergency 118 
Services and Public Protection or the Department of Correction, a chief 119 
inspector or inspector in the Division of Criminal Justice, a salaried 120 
inspector of motor vehicles designated by the Commissioner of Motor 121 
Vehicles, a conservation officer or special conservation officer appointed 122 
by the Commissioner of Energy and Environmental Protection pursuant 123 
to section 26-5, or a constable who is certified by the Police Officer 124 
Standards and Training Council and appointed by the chief executive 125 
authority of a town, city or borough to perform criminal law 126 
enforcement duties, for use by such sworn member, inspector, officer or 127 
constable in the discharge of such sworn member's, inspector's, officer's 128 
or constable's official duties or when off duty, (3) a member of the 129 
military or naval forces of this state or of the United States, or (4) a 130 
nuclear facility licensed by the United States Nuclear Regulatory 131 
Commission for the purpose of providing security services at such 132 
facility, or any contractor or subcontractor of such facility for the 133 
purpose of providing security services at such facility. 134 
(c) The provisions of subsection (a) of this section shall not apply to 135 
the possession of an assault weapon described in subparagraph (A) of 136 
subdivision (1) of section 53-202a by any person prior to July 1, 1994, if 137 
all of the following are applicable: 138 
(1) The person is eligible under sections 53-202a to 53-202k, inclusive, 139 
to apply for a certificate of possession for the assault weapon by July 1, 140 
1994; 141 
(2) The person lawfully possessed the assault weapon prior to 142 
October 1, 1993; and 143 
(3) The person is otherwise in compliance with sections 53-202a to 53-144 
202k, inclusive. 145 
(d) The provisions of subsection (a) of this section shall not apply to 146 
the possession of an assault weapon described in any provision of 147 
subparagraphs (B) to (F), inclusive, of subdivision (1) of section 53-202a 148  Substitute Bill No. 6684 
 
 
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by any person prior to April 5, 2013, if all of the following are applicable: 149 
(1) The person is eligible under sections 53-202a to 53-202k, inclusive, 150 
to apply for a certificate of possession for the assault weapon by January 151 
1, 2014; 152 
(2) The person lawfully possessed the assault weapon on April 4, 153 
2013, under the provisions of sections 53-202a to 53-202k, inclusive, in 154 
effect on January 1, 2013; and 155 
(3) The person is otherwise in compliance with sections 53-202a to 53-156 
202k, inclusive. 157 
(e) The provisions of subsection (a) of this section shall not apply to a 158 
person who is the executor or administrator of an estate that includes an 159 
assault weapon, or the trustee of a trust that includes an assault weapon, 160 
for which a certificate of possession has been issued under section 53-161 
202d, as amended by this act, if the assault weapon is possessed at a 162 
place set forth in subdivision (1) of subsection (f) of section 53-202d, as 163 
amended by this act, or as authorized by the Probate Court. 164 
(f) The provisions of subsection (a) of this section shall not apply to 165 
the possession of a semiautomatic pistol that is defined as an assault 166 
weapon in any provision of subparagraphs (B) to (F), inclusive, of 167 
subdivision (1) of section 53-202a that the Commissioner of Emergency 168 
Services and Public Protection [designates as being designed expressly 169 
for use in target shooting events at the Olympic games sponsored by the 170 
International Olympic Committee pursuant to regulations adopted 171 
under subdivision (4) of subsection (b) of section 53-202b] identifies on 172 
a list posted on the Internet web site of the Department of Emergency 173 
Services and Public Protection pursuant to section 1 of this act, that is 174 
(1) possessed and transported in accordance with subsection (f) of 175 
section 53-202d, as amended by this act, or (2) possessed at or 176 
transported to or from a collegiate, Olympic or target pistol shooting 177 
competition in this state which is sponsored by, conducted under the 178 
auspices of, or approved by a law enforcement agency or a nationally or 179  Substitute Bill No. 6684 
 
 
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state recognized entity that fosters proficiency in, or promotes education 180 
about, firearms, provided such pistol is transported in the manner 181 
prescribed in subsection (a) of section 53-202f. 182 
Sec. 4. Section 53-202d of the general statutes is repealed and the 183 
following is substituted in lieu thereof (Effective October 1, 2023): 184 
(a) (1) (A) Except as provided in subparagraph (B) of this subdivision, 185 
any person who lawfully possesses an assault weapon, as defined in 186 
subparagraph (A) of subdivision (1) of section 53-202a, prior to October 187 
1, 1993, shall apply by October 1, 1994, or, if such person is a member of 188 
the military or naval forces of this state or of the United States and is 189 
unable to apply by October 1, 1994, because such member is or was on 190 
official duty outside of this state, shall apply within ninety days of 191 
returning to the state to the Department of Emergency Services and 192 
Public Protection, for a certificate of possession with respect to such 193 
assault weapon.  194 
(B) No person who lawfully possesses an assault weapon pursuant to 195 
subdivision (1), (2) or (4) of subsection (b) of section 53-202c, as amended 196 
by this act, shall be required to obtain a certificate of possession 197 
pursuant to this subdivision with respect to an assault weapon used for 198 
official duties, except that any person described in subdivision (2) of 199 
subsection (b) of section 53-202c, as amended by this act, who purchases 200 
an assault weapon, as defined in subparagraph (A) of subdivision (1) of 201 
section 53-202a, for use in the discharge of official duties who retires or 202 
is otherwise separated from service shall apply within ninety days of 203 
such retirement or separation from service to the Department of 204 
Emergency Services and Public Protection for a certificate of possession 205 
with respect to such assault weapon. 206 
(2) (A) Except as provided in subparagraph (B) of this subdivision, 207 
any person who lawfully possesses an assault weapon, as defined in any 208 
provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of 209 
section 53-202a, on April 4, 2013, under the provisions of sections 53-210 
202a to 53-202k, inclusive, in effect on January 1, 2013, or any person 211  Substitute Bill No. 6684 
 
 
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who regains possession of an assault weapon as defined in any 212 
provision of said subparagraphs pursuant to subsection (e) of section 213 
53-202f, or any person who lawfully purchases a firearm on or after 214 
April 4, 2013, but prior to June 18, 2013, that meets the criteria set forth 215 
in subdivision (3) or (4) of subsection (a) of section 53-202a of the general 216 
statutes, revision of 1958, revised to January 1, 2013, shall apply by 217 
January 1, 2014, or, if such person is a member of the military or naval 218 
forces of this state or of the United States and is unable to apply by 219 
January 1, 2014, because such member is or was on official duty outside 220 
of this state, shall apply within ninety days of returning to the state to 221 
the Department of Emergency Services and Public Protection for a 222 
certificate of possession with respect to such assault weapon. Any 223 
person who lawfully purchases a semiautomatic pistol that is defined as 224 
an assault weapon in any provision of subparagraphs (B) to (F), 225 
inclusive, of subdivision (1) of section 53-202a that the Commissioner of 226 
Emergency Services and Public Protection [designates as being 227 
designed expressly for use in target shooting events at the Olympic 228 
games sponsored by the International Olympic Committee pursuant to 229 
regulations adopted under subdivision (4) of subsection (b) of section 230 
53-202b] identifies on a list posted on the Internet web site of the 231 
Department of Emergency Services and Public Protection pursuant to 232 
section 1 of this act, shall apply within ninety days of such purchase to 233 
the Department of Emergency Services and Public Protection for a 234 
certificate of possession with respect to such assault weapon. 235 
(B) No person who lawfully possesses an assault weapon pursuant to 236 
subdivision (1), (2) or (4) of subsection (b) of section 53-202c, as amended 237 
by this act, shall be required to obtain a certificate of possession 238 
pursuant to this subdivision with respect to an assault weapon used for 239 
official duties, except that any person described in subdivision (2) of 240 
subsection (b) of section 53-202c, as amended by this act, who purchases 241 
an assault weapon, as defined in any provision of subparagraphs (B) to 242 
(F), inclusive, of subdivision (1) of section 53-202a for use in the 243 
discharge of official duties who retires or is otherwise separated from 244 
service shall apply within ninety days of such retirement or separation 245  Substitute Bill No. 6684 
 
 
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from service to the Department of Emergency Services and Public 246 
Protection for a certificate of possession with respect to such assault 247 
weapon. 248 
(3) Any person who obtained a certificate of possession for an assault 249 
weapon, as defined in subparagraph (A) of subdivision (1) of section 53-250 
202a, prior to April 5, 2013, that is defined as an assault weapon 251 
pursuant to any provision of subparagraphs (B) to (F), inclusive, of 252 
subdivision (1) of section 53-202a shall be deemed to have obtained a 253 
certificate of possession for such assault weapon for the purposes of 254 
sections 53-202a to 53-202k, inclusive, and shall not be required to obtain 255 
a subsequent certificate of possession for such assault weapon. 256 
(4) The certificate of possession shall contain a description of the 257 
firearm that identifies it uniquely, including all identification marks, the 258 
full name, address, date of birth and thumbprint of the owner, and any 259 
other information as the department may deem appropriate. 260 
(5) The department shall adopt regulations, in accordance with the 261 
provisions of chapter 54, to establish procedures with respect to the 262 
application for and issuance of certificates of possession pursuant to this 263 
section. Notwithstanding the provisions of sections 1-210 and 1-211, the 264 
name and address of a person issued a certificate of possession shall be 265 
confidential and shall not be disclosed, except such records may be 266 
disclosed to (A) law enforcement agencies and employees of the United 267 
States Probation Office acting in the performance of their duties and 268 
parole officers within the Department of Correction acting in the 269 
performance of their duties, and (B) the Commissioner of Mental Health 270 
and Addiction Services to carry out the provisions of subsection (c) of 271 
section 17a-500. 272 
(b) (1) No assault weapon, as defined in subparagraph (A) of 273 
subdivision (1) of section 53-202a, possessed pursuant to a certificate of 274 
possession issued under this section may be sold or transferred on or 275 
after January 1, 1994, to any person within this state other than to a 276 
licensed gun dealer, as defined in subsection (f) of section 53-202f, or as 277  Substitute Bill No. 6684 
 
 
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provided in section 53-202e, or by bequest or intestate succession, or, 278 
upon the death of a testator or settlor: (A) To a trust, or (B) from a trust 279 
to a beneficiary who is eligible to possess the assault weapon. 280 
(2) No assault weapon, as defined in any provision of subparagraphs 281 
(B) to (F), inclusive, of subdivision (1) of section 53-202a, possessed 282 
pursuant to a certificate of possession issued under this section may be 283 
sold or transferred on or after April 5, 2013, to any person within this 284 
state other than to a licensed gun dealer, as defined in subsection (f) of 285 
section 53-202f, or as provided in section 53-202e, or by bequest or 286 
intestate succession, or, upon the death of a testator or settlor: (A) To a 287 
trust, or (B) from a trust to a beneficiary who is eligible to possess the 288 
assault weapon. 289 
(c) Any person who obtains title to an assault weapon for which a 290 
certificate of possession has been issued under this section by bequest 291 
or intestate succession shall, within ninety days of obtaining title, apply 292 
to the Department of Emergency Services and Public Protection for a 293 
certificate of possession as provided in subsection (a) of this section, 294 
render the assault weapon permanently inoperable, sell the assault 295 
weapon to a licensed gun dealer or remove the assault weapon from the 296 
state. 297 
(d) Any person who moves into the state in lawful possession of an 298 
assault weapon, shall, within ninety days, either render the assault 299 
weapon permanently inoperable, sell the assault weapon to a licensed 300 
gun dealer or remove the assault weapon from this state, except that any 301 
person who is a member of the military or naval forces of this state or of 302 
the United States, is in lawful possession of an assault weapon and has 303 
been transferred into the state after October 1, 1994, may, within ninety 304 
days of arriving in the state, apply to the Department of Emergency 305 
Services and Public Protection for a certificate of possession with respect 306 
to such assault weapon. 307 
(e) If an owner of an assault weapon sells or transfers the assault 308 
weapon to a licensed gun dealer, such dealer shall, at the time of 309  Substitute Bill No. 6684 
 
 
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delivery of the assault weapon, execute a certificate of transfer and cause 310 
the certificate of transfer to be mailed or delivered to the Commissioner 311 
of Emergency Services and Public Protection. The certificate of transfer 312 
shall contain: (1) The date of sale or transfer; (2) the name and address 313 
of the seller or transferor and the licensed gun dealer, their Social 314 
Security numbers or motor vehicle operator license numbers, if 315 
applicable; (3) the licensed gun dealer's federal firearms license number 316 
and seller's permit number; (4) a description of the assault weapon, 317 
including the caliber of the assault weapon and its make, model and 318 
serial number; and (5) any other information the commissioner 319 
prescribes. The licensed gun dealer shall present such dealer's motor 320 
vehicle operator's license or Social Security card, federal firearms license 321 
and seller's permit to the seller or transferor for inspection at the time of 322 
purchase or transfer. The Commissioner of Emergency Services and 323 
Public Protection shall maintain a file of all certificates of transfer at the 324 
commissioner's central office. 325 
(f) Any person who has been issued a certificate of possession for an 326 
assault weapon under this section may possess the assault weapon only 327 
under the following conditions: 328 
(1) At that person's residence, place of business or other property 329 
owned by that person, or on property owned by another person with 330 
the owner's express permission; 331 
(2) While on the premises of a target range of a public or private club 332 
or organization organized for the purpose of practicing shooting at 333 
targets; 334 
(3) While on a target range which holds a regulatory or business 335 
license for the purpose of practicing shooting at that target range; 336 
(4) While on the premises of a licensed shooting club; 337 
(5) While attending any exhibition, display or educational project 338 
which is about firearms and which is sponsored by, conducted under 339 
the auspices of, or approved by a law enforcement agency or a 340  Substitute Bill No. 6684 
 
 
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nationally or state recognized entity that fosters proficiency in, or 341 
promotes education about, firearms; 342 
(6) While transporting the assault weapon between any of the places 343 
set forth in this subsection, or to any licensed gun dealer, as defined in 344 
subsection (f) of section 53-202f, for servicing or repair pursuant to 345 
subsection (c) of section 53-202f, provided the assault weapon is 346 
transported as required by section 53-202f; 347 
(7) With respect to a nonresident of this state, while transporting a 348 
semiautomatic pistol that is defined as an assault weapon in any 349 
provision of subparagraphs (B) to (F), inclusive, of subdivision (1) of 350 
section 53-202a that the Commissioner of Emergency Services and 351 
Public Protection [designates as being designed expressly for use in 352 
target shooting events at the Olympic games sponsored by the 353 
International Olympic Committee pursuant to regulations adopted 354 
under subdivision (4) of subsection (b) of section 53-202b] identifies on 355 
a list posted on the Internet web site of the Department of Emergency 356 
Services and Public Protection pursuant to section 1 of this act, into or 357 
through this state in order to attend any exhibition, display or 358 
educational project described in subdivision (5) of this subsection, or to 359 
participate in a collegiate, Olympic or target pistol shooting competition 360 
in this state which is sponsored by, conducted under the auspices of, or 361 
approved by a law enforcement agency or a nationally or state 362 
recognized entity that fosters proficiency in, or promotes education 363 
about, firearms, provided (A) such pistol is transported into or through 364 
this state not more than forty-eight hours prior to or after such 365 
exhibition, display, project or competition, (B) such pistol is unloaded 366 
and carried in a locked carrying case and the ammunition for such pistol 367 
is carried in a separate locked container, (C) such nonresident has not 368 
been convicted of a felony in this state or of an offense in another state 369 
that would constitute a felony if committed in this state, and (D) such 370 
nonresident has in his or her possession a pistol permit or firearms 371 
registration card if such permit or card is required for possession of such 372 
pistol under the laws of his or her state of residence. 373  Substitute Bill No. 6684 
 
 
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Sec. 5. (Effective October 1, 2023) Notwithstanding the provisions of 374 
chapter 54 of the general statutes, sections 53-202b-1 to 53-202b-5, 375 
inclusive, of the regulations of Connecticut state agencies are repealed. 376 
Sec. 6. (Effective October 1, 2023) Not later than January 1, 2024, the 377 
Secretary of the State shall update the official compilation of the 378 
regulations of Connecticut state agencies posted on the eRegulations 379 
System to comply with the provisions of chapter 54 of the general 380 
statutes and section 5 of this act. 381 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2023 New section 
Sec. 2 October 1, 2023 53-202b 
Sec. 3 October 1, 2023 53-202c 
Sec. 4 October 1, 2023 53-202d 
Sec. 5 October 1, 2023 New section 
Sec. 6 October 1, 2023 New section 
 
Statement of Legislative Commissioners:   
In Section 1(a)(1) subparagraph designators were inserted and "that are 
sanctioned" was changed to "and sanctioned for such use", for clarity. 
 
PS Joint Favorable Subst. -LCO