Bill Text: CT SB01002 | 2011 | General Assembly | Introduced
Bill Title: An Act Transferring The Office Of Workforce Competitiveness And Commission On Culture And Tourism To The Department Of Economic And Community Development And Other Changes To Economic Development Statutes.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2011-04-27 - Referred by Senate to Committee on Appropriations [SB01002 Detail]
Download: Connecticut-2011-SB01002-Introduced.html
General Assembly |
Governor's Bill No. 1002 | ||
January Session, 2011 |
LCO No. 3575 | ||
*03575__________* | |||
Referred to Committee on Commerce |
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Introduced by: |
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SEN. WILLIAMS, 29th Dist. SEN. LOONEY, 11th Dist. REP. DONOVAN, 84th Dist. REP. SHARKEY, 88th Dist. |
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AN ACT TRANSFERRING THE OFFICE OF WORKFORCE COMPETITIVENESS AND COMMISSION ON CULTURE AND TOURISM TO THE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT AND OTHER CHANGES TO ECONOMIC DEVELOPMENT STATUTES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective July 1, 2011) (a) On and after the effective date of this section, the Department of Economic and Community Development shall assume all responsibilities of the Office of Workforce Competitiveness pursuant to any provision of the general statutes. The transfer of functions, powers, duties, personnel, obligations, including, but not limited to, contract obligations, the continuance of orders and regulations, the effect upon pending actions and proceedings, the completion of unfinished business, and the transfer of records and property between the Office of Workforce Competitiveness, as said department existed immediately prior to the effective date of this section, and the Department of Economic and Community Development shall be governed by the provisions of sections 4-38d, 4-38e and 4-39 of the general statutes.
(b) Any order or regulation of the Office of Workforce Competitiveness, which is in force on the effective date of this section, shall continue in force and effect as an order or regulation of the Department of Economic and Community Development until amended, repealed or superseded pursuant to law. Where any order or regulation of said office or said department conflicts, the Commissioner of Economic and Community Development may implement policies and procedures consistent with the provisions of this section and sections 1-210, 4-5, 4-38c, 4-66f, 4b-136, 4d-90, 5-182, 5-213, 7-521, 10a-55a, 16-32e, 16-245n, 16-245aa, 16a-13b, 16a-106, 19a-131g, 19a-487, 21a-70c, 22a-601, 22a-603, 28-1, 28-1a, 28-1b, 28-1i, 28-1j, 28-1k, 28-14a, 28-22a, 28-28a, 28-29a, 28-31, 29-1p and 54-142q of the general statutes, as amended by this act, while in the process of adopting the policy or procedure in regulation form, provided notice of intention to adopt regulations is printed in the Connecticut Law Journal not later than twenty days after implementation. The policy or procedure shall be valid until the time final regulations are effective.
Sec. 2. (NEW) (Effective July 1, 2011) (a) On and after the effective date of this section, the Department of Economic and Community Development shall assume all responsibilities of the Connecticut Commission on Culture and Tourism pursuant to any provision of the general statutes. The transfer of functions, powers, duties, personnel, obligations, including, but not limited to, contract obligations, the continuance of orders and regulations, the effect upon pending actions and proceedings, the completion of unfinished business, and the transfer of records and property between the Connecticut Commission on Culture and Tourism, as said department existed immediately prior to the effective date of this section, and the Department of Economic and Community Development shall be governed by the provisions of sections 4-38d, 4-38e and 4-39 of the general statutes.
(b) Wherever the term "Connecticut Commission on Culture and Tourism" is used or referred to in any public or special acts, the term "Department of Economic and Community Development" shall be substituted in lieu thereof.
(c) Any order or regulation of the Connecticut Commission on Culture and Tourism, which is in force on the effective date of this section, shall continue in force and effect as an order or regulation of the Department of Economic and Community Development until amended, repealed or superseded pursuant to law. Where any order or regulation of said commission or said department conflicts, the Commissioner of Economic and Community Development may implement policies and procedures consistent with the provisions of this section and sections 1-210, 4-5, 4-38c, 4-66f, 4b-136, 4d-90, 5-182, 5-213, 7-521, 10a-55a, 16-32e, 16-245n, 16-245aa, 16a-13b, 16a-106, 19a-131g, 19a-487, 21a-70c, 22a-601, 22a-603, 28-1, 28-1a, 28-1b, 28-1i, 28-1j, 28-1k, 28-14a, 28-22a, 28-28a, 28-29a, 28-31, 29-1p and 54-142q of the general statutes, as amended by this act, while in the process of adopting the policy or procedure in regulation form, provided notice of intention to adopt regulations is printed in the Connecticut Law Journal not later than twenty days after implementation. The policy or procedure shall be valid until the time final regulations are effective.
Sec. 3. Section 4-124w of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There [is established] shall be within the Department of Economic and Community Development an Office of Workforce Competitiveness. [that shall be within the Office of Policy and Management for administrative purposes only.]
(b) The office shall:
(1) Be the Governor's principal workforce development policy advisor;
(2) Be the liaison between the Governor and any local, state or federal organizations and entities with respect to workforce development matters, including implementation of the Workforce Investment Act of 1998, P.L. 105-220, as from time to time amended;
(3) Coordinate the workforce development activities of all state agencies;
(4) Coordinate the state's implementation of the federal Workforce Investment Act of 1998, P.L. 105-220, as from time to time amended, and advise and assist the Governor with matters related to said act;
(5) Establish methods and procedures to ensure the maximum involvement of members of the public, the legislature and local officials in workforce development matters, including implementation of the Workforce Investment Act of 1998, P.L. 105-220, as from time to time amended;
(6) Subject to the provisions of chapter 67, appoint such officials and other employees as may be necessary for the discharge of the duties of the office;
(7) Enter into such contractual agreements, in accordance with established procedures, as may be necessary to carry out the provisions of this section and section 20 of public act 00-192;
(8) Take any other action necessary to carry out the provisions of this section and section 20 of public act 00-192;
(9) Be the lead state [agency] office for the development of employment and training strategies and initiatives required to support Connecticut's position in the knowledge economy; and
(10) Not later than October 1, 2002, and annually thereafter, submit a report, with the assistance of the Labor Department, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to education, economic development, labor and higher education and employment advancement specifying a forecasted assessment by the Labor Department of workforce shortages in occupations in this state for the succeeding two and five-year periods. The report shall also include recommendations concerning (A) methods to generate a sufficient number of workers to meet identified workforce needs, including, but not limited to, scholarship, school-to-career and internship programs, and (B) methods secondary and higher education and private industry can use to address identified workforce needs.
(c) The Office of Workforce Competitiveness may call upon any office, department, board, commission or other agency of the state to supply such reports, information and assistance as may be necessary or appropriate in order to carry out the duties and requirements of the Office for Workforce Competitiveness. Each officer or employee of such office, department, board, commission or other agency of the state is authorized and directed to cooperate with the Office of Workforce Competitiveness and to furnish such reports, information and assistance.
Sec. 4. Section 4-124uu of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The Office of Workforce Competitiveness, in consultation with the Labor Commissioner, and the Commissioners of Education and Economic and Community Development, [and the Connecticut Commission on Culture and Tourism,] shall establish a program that is designed to develop a trained workforce for the film industry in the state. Such program shall have three components: (1) An unpaid intern training program for high school and college students; (2) a production assistant training program open to any state resident; and (3) a workforce training program that would include classroom training, on-set training and a mentor program.
(b) Not later than ninety days after July 1, 2007, the Office of Workforce Competitiveness shall establish written participation guidelines for the program authorized under this section.
(c) Not later than January 1, 2008, and annually thereafter, the Office of Workforce Competitiveness shall submit a status report, in accordance with the provisions of section 11-4a, on the establishment and operation of the program authorized under this section to the Connecticut Employment and Training Commission, the joint standing committees of the General Assembly having cognizance of matters relating to commerce, and higher education and employment advancement.
Sec. 5. Section 10-392 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The General Assembly finds and declares that culture, history, the arts and the digital media and motion picture and tourism industries contribute significant value to the vitality, quality of life and economic health of Connecticut. [and therefore there is established the Connecticut Commission on Culture and Tourism.] The Connecticut Humanities Council and the Connecticut Trust for Historic Preservation shall operate in conjunction with the [commission] Department of Economic and Community Development for purposes of joint strategic planning, annual reporting on appropriations and fiscal reporting. The [purpose of the commission] department shall [be to] enhance and promote culture, history, the arts and the tourism and digital media and motion picture industries in Connecticut.
(b) The [commission] department shall:
(1) Market and promote Connecticut as a destination for leisure and business travelers through the development and implementation of a strategic state-wide marketing plan and provision of visitor services to enhance the economic impact of the tourism industry;
(2) Promote the arts;
(3) Recognize, protect, preserve and promote historic resources;
(4) Interpret and present Connecticut's history and culture;
(5) Promote Connecticut as a location in which to produce digital media and motion pictures and to establish and conduct business related to the digital media and motion picture industries to enhance these industries' economic impact in the state;
(6) Beginning with the fiscal year ending June 30, 2006, and each fiscal year thereafter, prepare and submit to the Office of Policy and Management, in accordance with sections 4-77 and 4-77a, budget expenditure estimates and recommended adjustments for the next succeeding fiscal year or years and a detailed accounting of expenditures for the prior fiscal year, a copy of which shall be submitted to the General Assembly, in accordance with the provisions of section 11-4a;
(7) Establish a uniform financial reporting system and forms to be used by each regional tourism district, established under section 10-397, as amended by this act, in the preparation of the annual budget submitted to the General Assembly;
(8) Integrate funding and programs whenever possible; and
(9) On or before January 1, 2005, and biennially thereafter, develop and submit to the Governor and the General Assembly, in accordance with section 11-4a, a strategic plan to implement subdivisions (1) to (5), inclusive, of this subsection.
(c) Any proposals for projects under the jurisdiction of the [commission] department and projects proposed by the Connecticut Humanities Council that require funding through the issuance of bonds by the State Bond Commission, in accordance with sections 13b-74 to 13b-77, inclusive, shall be submitted to the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development. The [commission] department shall review such proposals and submit any project that it believes has merit to the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding with the [commission's] department's recommendation for funding.
(d) The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development shall be a successor agency to the Connecticut Commission on Culture and Tourism, State Commission on the Arts, the Connecticut Historical Commission, the Office of Tourism, the Connecticut Tourism Council, the Connecticut Film, Video and Media Commission and the Connecticut Film, Video and Media Office in accordance with the provisions of sections 4-38d and 4-39.
(e) Wherever the words "Connecticut Commission on Culture and Tourism", "State Commission on the Arts", "Connecticut Historical Commission", "Office of Tourism", "Connecticut Film, Video and Media Office" and "Connecticut Commission on Arts, Tourism, Culture, History and Film" are used in the following sections of the general statutes, or in any public or special act of the 2003 or 2004 session the words ["Connecticut Commission on Culture and Tourism"] "Department of Economic and Community Development" shall be substituted in lieu thereof: 3-110f, as amended by this act, 3-110h, as amended by this act, 3-110i, as amended by this act, 4-9a, as amended by this act, 4b-53, as amended by this act, 4b-60, as amended by this act, 4b-64, as amended by this act, 4b-66a, as amended by this act, 7-147a, as amended by this act, 7-147b, as amended by this act, 7-147c, as amended by this act, 7-147j, as amended by this act, 7-147p, as amended by this act, 7-147q, as amended by this act, 7-147y, as amended by this act, 8-2j, 10-382, as amended by this act, 10-384, as amended by this act, 10-385, as amended by this act, 10-386, as amended by this act, 10-387, as amended by this act, 10-388, as amended by this act, 10-389, as amended by this act, 10-391, as amended by this act, 10a-111a, as amended by this act, 10a-112, as amended by this act, 10a-112b, as amended by this act, 10a-112g, as amended by this act, 11-6a, as amended by this act, 12-376d, as amended by this act, 13a-252, as amended by this act, 19a-315b, as amended by this act, 19a-315c, as amended by this act, 22a-1d, as amended by this act, 22a-19b, as amended by this act, 25-102qq, as amended by this act, 25-109q, 29-259, as amended by this act, and 32-6a, as amended by this act.
(f) The Legislative Commissioners' Office shall, in codifying the provisions of this section, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this section.
Sec. 6. Section 10-393 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) [The Connecticut Commission on Culture and Tourism] There shall be a Culture and Tourism Advisory Committee which shall consist of twenty-eight voting [commissioners] members and nonvoting ex-officio members. Such ex-officio members shall be the executive directors of the Connecticut Trust for Historic Preservation and the Connecticut Humanities Council, the State Poet Laureate, the State Historian and the State Archaeologist. The State Poet Laureate, the State Historian and the State Archaeologist shall serve as [commissioners] members without being appointed and without receiving compensation for such service. The remaining twenty-three [commissioners] members shall be appointed as follows:
(1) The Governor shall appoint seven [commissioners] members: (A) One [commissioner] member shall be an individual with knowledge of and experience in the tourism industry from within the state; (B) three [commissioners] members shall be individuals with knowledge of or experience or interest in history or humanities; (C) one [commissioner] member shall be an individual with knowledge of or experience or interest in the arts; and (D) two [commissioners] members shall be selected at large.
(2) The speaker of the House of Representatives shall appoint three [commissioners] members: (A) One [commissioner] member shall be an individual with knowledge of and experience in the tourism industry from the western regional tourism district, established under section 10-397, as amended by this act; (B) one [commissioner] member shall be an individual with knowledge of or experience or interest in history or humanities; and (C) one [commissioner] member shall be an individual with knowledge of or experience or interest in the arts.
(3) The president pro tempore of the Senate shall appoint three [commissioners] members: (A) One [commissioner] member shall be an individual with knowledge of and experience in the tourism industry from the central regional tourism district, established under section 10-397, as amended by this act; (B) one [commissioner] member shall be an individual with knowledge of or experience or interest in history or humanities; and (C) one [commissioner] member shall be an individual with knowledge of or experience or interest in the arts.
(4) The majority leader of the House of Representatives shall appoint two [commissioners] members: (A) One [commissioner] member shall be an individual with knowledge of and experience in the tourism industry from the central regional tourism district, established under section 10-397, as amended by this act; and (B) one [commissioner] member shall be an individual with knowledge of or experience or interest in the arts.
(5) The majority leader of the Senate shall appoint two [commissioners] members: (A) One [commissioner] member shall be an individual with knowledge of and experience in the tourism industry from the eastern regional tourism district; and (B) one [commissioner] member shall be an individual with knowledge of or experience or interest in the arts.
(6) The minority leader of the House of Representatives shall appoint three [commissioners] members: (A) One [commissioner] member shall be an individual with knowledge of and experience in the tourism industry from within the state; (B) one [commissioner] member shall be an individual with knowledge of or experience or interest in history or humanities; and (C) one [commissioner] member shall be an individual with knowledge of or experience or interest in the arts.
(7) The minority leader of the Senate shall appoint three [commissioners] members: (A) One [commissioner] member shall be an individual with knowledge of and experience in the tourism industry from the western regional tourism district, established under section 10-397, as amended by this act; (B) one [commissioner] member shall be an individual with knowledge of or experience or interest in history or humanities; (C) one [commissioner] member shall be an individual with knowledge of or experience or interest in the arts.
(b) Each [commissioner] member shall serve a term that is coterminous with such [commissioner's] member's appointing authority.
(c) [The commission shall have an executive director, appointed by the Governor in accordance with the provisions of chapter 46, who shall administer the commission in accordance with subsection (e) of this section.] The voting [commissioners] members shall elect annually: A [commissioner] member from among the voting [commissioners] members to serve as chairperson of the [commission,] advisory committee and one [commissioner] member as vice-chairperson. [, and other commissioners as officers. Such commissioners shall establish bylaws as necessary for the operation of the commission.] [Commissioners] Members shall receive no compensation for the performance of their duties, but may be reimbursed for their necessary expenses incurred in the performance of their duties. The [commission] advisory committee shall meet at least once during each calendar quarter and at such other times as the chairperson deems necessary or upon the request of a majority of [commissioners] members in office.
(d) Thirteen voting [commissioners] members of the board shall constitute a quorum and the affirmative vote of a majority of the voting [commissioners] members present at a meeting of the [commission] advisory committee shall be sufficient for any action taken by the [commission] advisory committee. [No vacancy of a commissioner shall impair the right of a quorum to exercise all the rights and perform all the duties of the commission.] Any [action taken] recommendations by the [commission] advisory committee may be authorized by resolution at any regular or special meeting and shall take effect immediately unless otherwise provided in the resolution.
(e) The [executive director of the commission] Commissioner of Economic and Community Development shall [administer] provide administrative assistance to the [commission] advisory committee. [, subject to the supervision of the commissioners.] The [executive director] commissioner shall have the authority to: [administer all laws under the jurisdiction of the commission and the power and authority to: Coordinate and direct the operation of the commission; establish] Establish rules for the internal operation of the [commission] advisory committee; contract for facilities, services and programs to implement the purposes of the commission established by law; and enter into agreements for funding from private sources, including corporate donations and other commercial sponsorships. The [executive director] commissioner is authorized to do all things necessary to apply for, qualify for and accept any funds made available under any federal act for the purposes established under section 10-392. All funds received under this subsection shall be deposited into the Connecticut [Commission on] Culture and Tourism account within the department, established under section 10-395, as amended by this act. The [executive director] commissioner may enter into contracts with the federal government concerning the use of such funds.
Sec. 7. Section 10-394 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) On or before June first of each year, each regional tourism district established under section 10-397, as amended by this act, shall prepare a proposed budget for the next succeeding fiscal year beginning July first to carry out its statutory duties. After approval by said tourism district's board of directors, and no later than June first of each year, the tourism district shall submit the proposed budget to the [executive director of the Commission on Culture and Tourism] Commissioner of Economic and Community Development for review, comments and recommendations by the [commission] department concerning the proposed expenditures. On and after December 31, [2010] 2011, and annually thereafter, the [commission] department shall review, in consultation with the tourism district, the proposed budget no later than June thirtieth, and approve or disapprove the budget. If the [commission] department disapproves any annual budget, the [commission] department shall adopt an interim budget and such interim budget shall take effect at the commencement of the fiscal year and shall remain in effect until the tourism district submits and the [commission] department approves a modified budget. The tourism district shall, on or before March 15, 2011, and annually thereafter, submit a copy of the budget to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, finance, revenue and bonding and commerce and the Office of Policy and Management, including an explanation detailing the proposed expenditures for the tourism district for the succeeding fiscal year. No funds shall be expended on or after [December 31, 2010] July 1, 2011, by the tourism district without prior approval of the budget or adoption of an interim budget by the [Commission on Culture and Tourism] Department of Economic and Community Development.
(b) On and after December 31, 2010, each regional tourism district shall ensure that no more than twenty per cent of the total annual grant amount received by the district is used for administrative costs. The [executive director, with the approval of the commissioners,] Commissioner of Economic and Community Development shall develop guidelines concerning administrative costs for tourism districts.
Sec. 8. Section 10-396 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
With respect to tourism activities, the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development shall:
(1) Develop, annually update and implement a strategic marketing plan for the national and international promotion of Connecticut as a tourism destination;
(2) Develop a Connecticut strategic plan for new tourism products and attractions;
(3) Provide marketing and other assistance to the tourism industry;
(4) Ensure cooperation among the regional tourism districts;
(5) Maintain, operate and manage the visitor welcome centers in the state;
(6) Develop and administer a program of challenge grants to encourage innovation and job development, provide incentives for coordinated activity consistent with the strategic marketing plan and stimulate the development of private funds for tourism promotion; and
(7) Subject to available funds, assist municipalities to accommodate tourist attractions within such municipalities or within neighboring or adjoining municipalities.
Sec. 9. Section 10-397 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There are established three regional tourism districts, each of which shall promote and market districts as regional leisure and business traveler destinations to stimulate economic growth. The districts shall be as follows:
(1) The eastern regional district, which shall consist of Ashford, Bozrah, Brooklyn, Canterbury, Chaplin, Colchester, Columbia, Coventry, East Lyme, Eastford, Franklin, Griswold, Groton, Hampton, Killingly, Lebanon, Ledyard, Lisbon, Lyme, Mansfield, Montville, New London, North Stonington, Norwich, Old Lyme, Plainfield, Pomfret, Preston, Putnam, Salem, Scotland, Sprague, Sterling, Stonington, Thompson, Union, Voluntown, Waterford, Willington, Windham and Woodstock;
(2) The central regional district, which shall consist of Andover, Avon, Berlin, Bethany, Bloomfield, Bolton, Branford, Canton, Cheshire, Chester, Clinton, Cromwell, Deep River, Durham, East Granby, East Haddam, East Hampton, East Hartford, East Haven, East Windsor, Ellington, Enfield, Essex, Farmington, Glastonbury, Granby, Guilford, Haddam, Hamden, Hartford, Hebron, Killingworth, Madison, Manchester, Marlborough, Meriden, Middlefield, Middletown, Milford, New Britain, New Haven, Newington, North Branford, North Haven, Old Saybrook, Orange, Plainville, Portland, Rocky Hill, Simsbury, Somers, South Windsor, Southington, Stafford, Suffield, Tolland, Vernon, Wallingford, West Hartford, West Haven, Westbrook, Wethersfield, Windsor, Windsor Locks and Woodbridge; and
(3) The western regional district, which shall consist of Ansonia, Barkhamsted, Beacon Falls, Bethel, Bethlehem, Bridgeport, Bridgewater, Bristol, Brookfield, Burlington, Canaan, Colebrook, Cornwall, Danbury, Darien, Derby, Easton, Fairfield, Goshen, Greenwich, Hartland, Harwinton, Kent, Litchfield, Middlebury, Monroe, Morris, Naugatuck, New Fairfield, New Hartford, New Milford, New Canaan, Newtown, Norfolk, North Canaan, Norwalk, Oxford, Plymouth, Prospect, Redding, Ridgefield, Roxbury, Salisbury, Seymour, Sharon, Shelton, Sherman, Southbury, Stamford, Stratford, Thomaston, Torrington, Trumbull, Warren, Washington, Waterbury, Watertown, Weston, Westport, Wilton, Winchester, Wolcott and Woodbury.
(b) Each regional tourism district shall be overseen by a board of directors consisting of one representative from each municipality within the district, appointed by the legislative body of the municipality and, where the legislative body is a town meeting, by the board of selectmen. Any such member of a board of directors shall serve for a term of three years. In addition, the board of directors may appoint up to twenty-one persons representing tourism interests within the district to serve on the board. No board member shall be deemed a state employee for serving on said board. All appointments to the board of directors shall be reported to the [executive director of the Connecticut Commission on Culture and Tourism] Commissioner of Economic and Community Development.
(c) The provisions of the Freedom of Information Act, as defined in section 1-200, shall apply to each regional tourism district.
(d) Not later than February 1, 2010, the [commission] department shall assist the central and western regional tourism districts in establishing a committee to draft a charter and bylaws for each district and to organize the initial meeting of the board of directors of each district, to be held no later than February 15, 2010.
(e) Each regional tourism district shall (1) comply with uniform standards for accounting and reporting expenditures that are established by the [commission] department in accordance with section 10-392 and are based on industry accounting standards developed by the International Association of Convention and Visitor Bureaus or other national organizations related to tourism, and (2) on or before January first of each year, submit to the [commission] department, the Office of Policy and Management and the Office of Fiscal Analysis an independent audit in accordance with the provisions of sections 4-230 to 4-236, inclusive.
(f) Each regional tourism district shall solicit and may accept private funds for the promotion of tourism within its towns and cities and shall coordinate its activities with any private nonprofit tourist association within the district and within this state, that promotes tourism industry businesses in this state, in order to foster cooperation in the promotion of such businesses. Any funds received by a regional tourism district may be deposited in the account established in section 10-395, as amended by this act, or in an account established by such tourism district to receive such funds.
(g) The central regional district office shall be located within the Hartford offices of the commission.
Sec. 10. Section 10-397a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) As used in this section:
(1) ["Commission" means the Connecticut Commission on Culture and Tourism created by section 10-392] "Department" means the Department of Economic and Community Development;
(2) ["Executive director" means the executive director of the Connecticut Commission on Culture and Tourism appointed pursuant to section 10-393] "Commissioner" means the Commissioner of Economic and Community Development;
(3) "Former tourism district" means the tourism districts, as defined in section 32-302 of the general statutes, revision of 1958, revised to January 1, 2003; and
(4) "Regional tourism district" means one of the five regional tourism districts created by section 10-397, as amended by this act.
(b) Any former tourism district having a cash surplus, after accounting for all liabilities, may distribute such surplus to the regional tourism district or districts serving the towns formerly served by such district. Any distribution shall be divided among the new district or districts in accordance with the following schedule:
T1 |
Former District |
New District(s) |
T2 |
||
T3 |
Northeastern |
Eastern (100%) |
T4 |
Southeastern |
Eastern (100%) |
T5 |
North Central |
Central (100%) |
T6 |
Greater Hartford |
Central (95%) |
T7 |
Western (5%) | |
T8 |
Central Connecticut |
Central (100%) |
T9 |
Connecticut Valley |
Central (100%) |
T10 |
Greater New Haven |
Central (67%) |
T11 |
Western (33%) | |
T12 |
Litchfield Hills |
Western (100%) |
T13 |
Housatonic Valley |
Western (100%) |
T14 |
Greater Waterbury |
Western (100%) |
T15 |
Greater Fairfield |
Western (100%) |
(c) Any former tourism district may, with the approval of the [executive director] commissioner, transfer noncash assets, including fixed assets and leases, to a regional tourism district or districts serving the towns formerly served by such district.
(d) Any regional tourism district may, by vote of its board of directors and with the approval of the [commission] department, assume the liabilities of a former tourism district that served all or part of the area served by the new district. No such assumption shall be approved unless (1) the regional district's approved budget makes provision for the costs arising from the assumption of liability; and (2) the commission finds that the proposed assumption of liability is fair and equitable.
Sec. 11. Section 10-399 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) As used in this section: "Visitor welcome center" means the welcome centers, visitor centers and tourist information centers located in West Willington, Greenwich, Danbury, Darien, North Stonington and Westbrook, which have been established to distribute information to persons traveling in the state for the purpose of influencing such persons' level of satisfaction with the state and expenditures in the state and their planning for present and future trips to the state.
(b) The following measures shall be implemented to enhance the operation of visitor welcome centers:
(1) Each center shall make available space for listing events and promoting attractions, by invitation to the Connecticut tourism industry, including tourism districts, chambers of commerce and any other tourism entities involved in Connecticut tourism promotion;
(2) The [Commission on Culture and Tourism, established under section 10-392] Department of Economic and Community Development, in consultation with the Department of Transportation, shall develop plans for (A) consistent signage for the visitor welcome centers, and (B) highway signage regulations for privately operated centers;
(3) The Department of Transportation and the [commission] Department of Economic and Community Development shall establish an "Adopt A Visitor Welcome Center" program, under which local civic organizations may provide maintenance, gardening, including wildflowers, and complimentary refreshments or any other type of service at a visitor welcome center to enhance the operation of the center;
(4) The [commission] Department of Economic and Community Development shall place a full-time year-round supervisor and a part-time assistant supervisor at the Danbury, Darien, North Stonington and West Willington centers. The responsibilities of each supervisor shall include, but not be limited to: (A) Maintaining a sufficient inventory of up-to-date brochures for dissemination to visitors, (B) scheduling staff so as to assure coverage at all times, (C) training staff, (D) compiling and maintaining statistics on center usage, (E) serving as liaison between the commission, the Department of Transportation, the tourism district in which the center is located and businesses in such district, (F) maintaining quality tourism services, (G) rotating displays, (H) evaluating staff, (I) problem-solving, and (J) computing travel reimbursements for volunteer staff;
(5) Subject to available funds, the [commission] Department of Economic and Community Development shall place a seasonal full-time supervisor and a seasonal part-time assistant supervisor at the Greenwich and Westbrook centers. The [commission] department shall discontinue staffing at the Middletown, Plainfield and Wallingford centers, and shall, in conjunction with the tourism industry, seek contract workers to provide tourism services at the Westbrook center when not staffed by the state;
(6) Subject to available funds, the [commission] Department of Economic and Community Development, in conjunction with the tourism industry, shall develop and implement initial staff training and conduct periodic training of full-time and part-time supervisors.
Sec. 12. Section 10-400 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
With respect to arts activities, the [Connecticut Commission on Culture and Tourism, established under section 10-392,] Department of Economic and Community Development shall encourage, within the state or in association with other states, or both, participation in, and promotion, development, acceptance and appreciation of, artistic and cultural activities that shall include, but are not limited to, music, theater, dance, painting, sculpture, architecture, literature, films and allied arts and crafts and to this end shall have the following powers: (1) To join or contract with consultants, private patrons, individual artists and ensembles and with institutions, local sponsoring organizations and professional organizations; (2) to enter into contracts to provide grants, loans or advances to individuals, organizations, or institutions, public or private, that are engaged in or plan to engage in artistic and cultural programs or activities within the state, or that are engaged in or plan to engage in the promotion, development, or encouragement of artistic and cultural programs or activities within the state; (3) to accept, hold and administer, on behalf of the [commission] department, in accordance with the provisions of sections 4-28, 4-31, 4-31a and 4b-22, real property, personal property, securities, other choses in action and moneys, or any interest therein, and income therefrom, either absolutely or in trust, for any purpose of the [commission] department. The [commission] department may acquire or receive such property or money for its purposes by the acceptance of state or federal or public or private loans, contributions, gifts, grants, donations, bequests or devises, and the [commission] department shall deposit or credit the same in the [Connecticut Commission on] Culture and Tourism account established under section 10-395, as amended by this act; (4) to establish a nonprofit foundation for the purpose of raising funds from private sources to encourage, within the state or in association with other states, or both, participation in, and promotion, development, acceptance and appreciation of, artistic and cultural activities that shall include, but are not limited to, music, theater, dance, painting, sculpture, architecture, literature, films, heritage, historic preservation, humanities and allied arts and crafts. All funds received by the foundation shall be held in the manner prescribed by sections 4-37e to 4-37j, inclusive; and (5) to perform such other acts as may be necessary or appropriate to carry out the objectives and purposes of the commission. The General Assembly declares that all activities undertaken in carrying out the policies set forth in this chapter shall be directed toward encouraging and assisting, rather than in any way limiting, the freedom of artistic expression that is essential for the well-being of the arts. Said [commission] department shall maintain a survey of public and private facilities engaged within the state in artistic and cultural activities and determine the needs of the citizens of this state and the methods by which existing resources may be utilized, or new resources developed, to fulfill these needs. The [commission] department shall maintain a register of Connecticut artists. The name, town of residence and artistic medium of any such artist residing in Connecticut shall be entered in the register by the [commission] department upon the artist's request.
Sec. 13. Section 10-401 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Connecticut Commission on Culture and Tourism, established under section 10-392,] Department of Economic and Community Development shall establish and administer a "special incentive grant program" to provide financial assistance for artistic and cultural programs and activities pursuant to subdivision (2) of section 10-400, as amended by this act. No state funds appropriated to the [commission] department for the purposes of said program shall be disbursed unless one-third of the amount of such financial assistance consists of nonfederal funds raised and received by said [commission] department.
Sec. 14. Section 10-402 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) For purposes of this section the following terms have the following meanings:
(1) "Work of art" means any work of visual art, including but not limited to, a drawing, painting, sculpture, mosaic, photograph, work of calligraphy or work of graphic art or mixed media;
(2) "Connecticut artists" means artists born in Connecticut, artists who have worked in or received a portion of their training in Connecticut, or artists living in Connecticut at the time of the purchase of their works of art.
(b) The [Connecticut Commission on Culture and Tourism, established under section 10-392,] Department of Economic and Community Development may establish and administer a state art collection.
(c) The [Connecticut Commission on Culture and Tourism, established under section 10-392,] Department of Economic and Community Development shall establish policies and procedures with respect to the activities of the art collection and perform every other matter and thing requisite to the proper management, maintenance, support and control of the Connecticut art collection.
(d) The art collection shall be representative of various media, diverse styles and periods of Connecticut artists and shall be representative of Connecticut's ethnic, racial and cultural groups.
(e) The [Connecticut Commission on Culture and Tourism, established under section 10-392,] Department of Economic and Community Development may apply for and receive aid or grants from individuals, private artists, state sources, private foundations, local arts organizations and the federal government for the state art collection.
Sec. 15. Section 10-403 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Connecticut Commission on Culture and Tourism, established under section 10-392,] Department of Economic and Community Development is designated as the state agency for the reception and disbursement of federal, state and private moneys or other property made available on or after July 1, 1965, for the purpose of fostering the arts within the authority of the [commission] department, in accordance with the standard state fiscal procedures.
Sec. 16. Section 10-404 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Any person otherwise qualifying for a loan or grant made by the [Connecticut Commission on Culture and Tourism, established under section 10-392,] Department of Economic and Community Development shall not be disqualified by reason of being under the age of eighteen years and for the purpose of applying for, receiving and repaying such a loan, or entering into a contract concerning such loan or grant, any such person shall be deemed to have full legal capacity to act and shall have all the rights, powers, privileges and obligations of a person of full age, with respect thereto.
Sec. 17. Section 10-405 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
For purposes of this section and sections 10-406 to 10-408, inclusive, as amended by this act:
(1) "Arts organization" means a nonprofit organization in the state which is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as from time to time amended, the primary purpose of which is to create, perform, present or otherwise promote the visual, performing or literary arts in the state, but shall not mean an organization, the primary purpose of which is instructional, or an organization, the primary purpose of which is to receive contributions for and provide funding to arts organizations;
(2) ["Commission" means the Connecticut Commission on Culture and Tourism, established under section 10-392] "Department" means the Department of Economic and Community Development;
(3) "Contribution" means cash, negotiable securities or other gifts of similar liquidity;
(4) "Donor" means a private organization, the primary purpose of which is to receive contributions for and provide funding to arts organizations, a private foundation or private corporation, partnership, single proprietorship or association or person making a contribution to an arts organization;
(5) "Fiscal year" means a period of twelve calendar months as determined by the arts organization's bylaws.
Sec. 18. Section 10-406 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
There is created a "Connecticut Arts Endowment Fund". The proceeds of any bonds issued for the purposes of sections 10-405 to 10-408, inclusive, as amended by this act, shall be deposited in said fund. The State Treasurer shall invest the proceeds of the fund and the investment earnings shall be credited to and become part of the fund. Annually, on or before September first, the Treasurer shall notify the [commission] department of the total amount of investment earnings of the fund for the prior fiscal year and such amount shall be available to the [commission] department for payments pursuant to sections 10-407 and 10-408, as amended by this act. Any balance remaining in the fund at the end of each fiscal year shall be carried forward in the fund for the succeeding fiscal year.
Sec. 19. Section 10-408 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Annually, on or before December fifteenth, an arts organization may apply to the [commission] department for a state matching grant, provided the organization includes in its application a copy of its Internal Revenue Service return of organization exempt from income tax form, or any replacement form adopted by the Internal Revenue Service, showing the total amount of contributions received from donors for the arts organization's two most recently completed fiscal years. On or before the January fifteenth next following, the [commission] department shall certify to the Treasurer an amount equal to the total matching grants as calculated pursuant to section 10-407. Thereafter, the Treasurer shall make available such amount to the [commission] department and the [commission] department shall, on or before April fifteenth, pay to each arts organization a grant as calculated pursuant to said section 10-407.
Sec. 20. Section 10-409 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) With respect to historical preservation, there is established within the [Connecticut Commission on Culture and Tourism, established under section 10-392, an] Department of Economic and Community Development a Historic Preservation Council. The Historic Preservation Council shall consist of twelve members to be appointed by the Governor. On or before January fifth in the even-numbered years, the Governor shall appoint six members for terms of four years each to replace those whose terms expire. One of such members shall be the State Historian and one shall be the State Archaeologist. Members shall be appointed in accordance with the provisions of section 4-9a, as amended by this act. No member shall serve for more than two consecutive full terms. Any member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from office. The Governor shall biennially designate one member of the council to be chairperson. The Governor shall fill any vacancy for any unexpired portion of the term and may remove any member as provided by section 4-12. No compensation shall be received by the members of the council but they shall be reimbursed for their necessary expenses. The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development may, with the advice of the Historic Preservation Council, (1) study and investigate historic structures and landmarks in this state and encourage and recommend the development, preservation and marking of such historic structures and landmarks found to have educational, recreational and historical significance; (2) prepare, adopt and maintain standards for a state register of historic places; (3) update and keep current the state historic preservation plan; (4) administer the National Register of Historic Places Program; (5) assist owners of historic structures in seeking federal or other aid for historic preservation and related purposes; (6) recommend to the General Assembly the placing and maintaining of suitable markers, memorials or monuments or other edifices to designate historic structures and landmarks found to have historical significance; (7) make recommendations to the General Assembly regarding the development and preservation of historic structures and landmarks owned by the state; (8) maintain a program of historical, architectural, and archaeological research and development including surveys, excavation, scientific recording, interpretation and publication of the historical, architectural, archaeological and cultural resources of the state; (9) cooperate with promotional, patriotic, educational and research groups and associations, with local, state and national historical societies, associations and commissions, with agencies of the state and its political subdivisions and with the federal government, in promoting and publicizing the historical heritage of Connecticut; (10) formulate standards and criteria to guide the several municipalities in the evaluation, delineation and establishment of historic districts; (11) cooperate with the State Building Inspector, the Codes and Standards Committee and other building officials and render advisory opinions and prepare documentation regarding the application of the State Building Code to historic structures and landmarks if requested by owners of historic structures and landmarks, the State Building Inspector, the Codes and Standards Committee or other building officials; (12) review planned state and federal actions to determine their impact on historic structures and landmarks; (13) operate the Henry Whitfield House of Guilford, otherwise known as the Old Stone House, as a state historical museum and, in its discretion, charge a fee for admission to said museum and account for and deposit the same as provided in section 4-32; (14) provide technical and financial assistance to carry out the purposes of this section and sections 10-410 to 10-416, inclusive, as amended by this act; (15) adopt regulations in accordance with the provisions of chapter 54 for the preservation of sacred sites and archaeological sites; and (16) inventory state lands to identify sacred sites and archaeological sites. The [commission] department shall study the feasibility of establishing a state museum of Connecticut history at an appropriate existing facility. The Historic Preservation Council shall (A) review and approve or disapprove requests by owners of historic properties on which the [commission] department holds preservation easements to perform rehabilitation work on sacred sites and archaeological sites; (B) request the assistance of the Attorney General to prevent the unreasonable destruction of historic properties pursuant to the provisions of section 22a-19a; and (C) place and maintain suitable markers, memorials or monuments to designate sites or places found to have historic significance. The council shall meet monthly. The Connecticut Trust for Historic Preservation may provide technical assistance to the council.
(b) Notwithstanding the provisions of this section or section 1-210, the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development may withhold from disclosure to the public information relating to the location of archaeological sites under consideration for listing by the [commission] department or those listed on the National Register of Historic Places or the state register of historic places whenever the [commission] department determines that disclosure of specific information would create a risk of destruction or harm to such sites. The provisions of this subsection shall not apply to any such site unless the person who reported or discovered such site has submitted a written statement to the [commission] department requesting that no disclosure be made. Upon receipt of such statement, the [commission] department may withhold such information from disclosure until the July first next succeeding such receipt. Such person may request that a period of nondisclosure be extended by submitting such statements prior to July first of any year.
(c) The Historic Preservation Council of the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development shall develop a model ballot form to be mailed by clerks of municipalities on the question of creation of historic districts or districts as provided for in section 7-147a to 7-147k, inclusive, as amended by this act.
Sec. 21. Section 10-410 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
For the purposes of sections 10-409 to 10-415, inclusive, as amended by this act, ["commission" means the Connecticut Commission on Culture and Tourism established under section 10-392] "department" means the Department of Economic and Community Development; "municipality" shall include any town, city or borough; "private organization" means a nonprofit organization which has the power to acquire, relocate, restore and maintain historic structures and landmarks in the state of Connecticut; "historic district" means an area in a municipality established under section 7-147a, as amended by this act, or by special act; "historic structures and landmarks" means any building, structure, object or site that is significant in American history, architecture, archaeology and culture or property used in connection therewith including sacred sites and archaeological sites; "historic preservation" means research, protection, restoration, stabilization and adaptive use of buildings, structures, objects, districts, areas and sites significant in the history, architecture, archaeology or culture of this state, its municipalities or the nation; and "state register of historic places" means the [commission's] department's itemized list locating and classifying historic structures and landmarks throughout the state, as discovered in the commission's field survey of 1966-1967 and as subsequently augmented.
Sec. 22. Section 10-411 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Any municipality or private organization may acquire, relocate, restore, preserve and maintain historic structures and landmarks and may receive funds from the state and federal governments for such purposes. Grants-in-aid may be made to owners of historic structures or landmarks in an amount not to exceed fifty per cent of the nonfederal share of the total cost of such acquisition, relocation, historic preservation and restoration. Grants-in-aid shall be made through an assistance agreement signed by the owner. Subsequent to the execution of any such assistance agreement, advances of funds may be made by the [commission] department to the owner of such an historic structure or landmark.
(b) Before executing any such assistance agreement under sections 10-410 to 10-415, inclusive, as amended by this act, the [commission] department shall require that (1) the owner has developed a comprehensive historic preservation plan, approved by the [commission] department, together with specific work plans and specifications; (2) the owner provides payment and performance bonds to assure the completion of the preservation work in an authentic manner satisfactory to the [commission] department; (3) the owner has filed with the town clerk in the municipality in which the property is located a declaration of covenant guaranteeing the preservation of the historical or architectural qualities of the property in perpetuity or for a period approved by the [commission] department; (4) the owner receiving funds for the purposes of said sections plans to and can demonstrate an ability to maintain and operate properly the historic structure or landmark for an indefinite period of time and that such owner will open it to the public at reasonable times, free of charge or subject to a reasonable charge as approved by the [commission] department; (5) the owner maintains sufficient casualty and liability insurance to render the state harmless in any action arising from the acquisition, relocation, restoration or operation of properties under said sections; and (6) if such historic structure or landmark lies within the boundaries of any historic district, the proposed acquisition, relocation, preservation and restoration has been approved by the local historic district [commission] department. Such assistance agreement may require that if the owner receiving funds under said sections fails to operate or maintain properly the historic structure or landmark, title to such property may be acquired by the [commission] department upon payment to such municipality or private organization of a sum equal to the amount provided by such municipality or private organization in accordance with such assistance agreement.
(c) Federal grants-in-aid shall be administered by the [commission] department in accordance with all federal requirements.
(d) The [commission] department shall adopt regulations pursuant to chapter 54 for its guidance before making such grants-in-aid or advances. Such regulations shall, among other things, require that the [commission] department determine that the historic structure or landmark to be acquired, relocated or restored is an authentic historic structure or landmark as identified in the state register of historic places.
Sec. 23. Section 10-412 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [commission] department may provide an appropriate plaque or marker at a cost, to be determined by the [commission] department, to the recipient for attachment to an historic structure or landmark identifying it as a Connecticut historical landmark within the criteria adopted by the [commission] department and as identified through the state register of historic places, if the owner agrees to display such plaque or marker in a manner satisfactory to the [commission] department. Any such plaque or marker may be repossessed by the [commission] department if the historic structure or landmark is not maintained in a manner satisfactory to the [commission] department.
(b) The [Connecticut Commission on Culture and Tourism, established under section 10-392] Department of Economic and Community Development, in consultation with the Amistad Committee, Inc., New Haven, shall establish a Freedom Trail and a program to recognize, document and mark sites in this state that are associated with the history and movement towards freedom of its African-American citizens, the Underground Railroad and the abolition of slavery. The [commission] department and the Amistad Committee, Incorporated, of New Haven shall designate and mark the sites of the Freedom Trail. The Amistad Committee, Inc., of New Haven shall be responsible for the coordination and organization of the "September Freedom Trail Month". The [commission] department shall establish a program to publicize the existence of the Freedom Trail and shall publish a brochure which indicates the location and history of the sites.
Sec. 24. Section 10-413 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [commission] department may, using such funds as may be appropriated to it or available from any other source, acquire by gift, grant, bequest, devise, lease, purchase or otherwise historic structures or landmarks, including such adjacent land as may be necessary for the comfort and safety of the visiting public, which the [commission] department determines to be of national or state historical importance and to be of such concern to the public at large that they should be held forever in good condition for visitation by the public and for the protection of the heritages of the people of this state and nation. The [commission] department may restore, maintain and operate, or may lease to private organizations or municipalities for the purpose of restoring, maintaining and operating, such properties in such a condition as to render them suitable for public visitation and to inform the public of the historic event or circumstance connected therewith. The [commission] department may charge reasonable visitation or special event fees, and operate or contract for the operation of gift shops at such properties and use funds received to help defray the cost of maintenance and operation of such properties and to replenish stock. The [commission] department may cooperate with the Department of Environmental Protection and any other appropriate municipal, state or federal agency or private organization in carrying out functions under this section and may enter into agreements for such purposes.
Sec. 25. Section 10-414 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [commission] department may place and maintain suitable markers, memorials or monuments to designate sites or places found to have historic significance.
Sec. 26. Section 10-415 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) In making any grants-in-aid or providing any plaques or markers or making any direct expenditures for purposes of acquisition, relocation, restoration, maintenance or operation under sections 10-410 to 10-414, inclusive, as amended by this act, and this section the [commission] department shall utilize any programs of the federal government in concert with its actions so as to reduce the amount of state or local expenditures hereunder. The state, acting through the [commission] department, and any municipality may receive from the federal government any financial or technical assistance which may be available to it for the purpose of acquisition, historic preservation or operation of historic structures or landmarks and may also receive from any source gifts, devises, bequests or legacies.
(b) The [commission] department may enter into and carry out contracts with the federal government or any agency thereof under which said government or agency grants financial or other assistance to the [commission] department to further the purposes of sections 10-409 to 10-416, inclusive, as amended by this act. The [commission] department may agree to and comply with any reasonable conditions not inconsistent with state law which are imposed on such grants. The [commission] department may further enter into and carry out contracts with municipalities or their agencies and with any private party to disburse federal funds to further the purpose of sections 10-409 to 10-416, inclusive, as amended by this act.
Sec. 27. Section 10-416 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) As used in this section, the following terms shall have the following meanings unless the context clearly indicates another meaning:
(1) ["Commission" means the Connecticut Commission on Culture and Tourism established under section 10-392] "Department" means the Department of Economic and Community Development;
(2) "Historic home" means a building that: (A) Will contain one-to-four dwelling units of which at least one unit will be occupied as the principal residence of the owner for not less than five years following the completion of rehabilitation work, (B) is located in a targeted area, and (C) is (i) listed individually on the National or State Register of Historic Places, or (ii) located in a district listed on the National or State Register of Historic Places, and has been certified by the [commission] department as contributing to the historic character of such district;
(3) "Nonprofit corporation" means a nonprofit corporation incorporated pursuant to chapter 602 or any predecessor statutes thereto, having as one of its purposes the construction, rehabilitation, ownership or operation of housing and having articles of incorporation approved by the Commissioner of Economic and Community Development in accordance with regulations adopted pursuant to section 8-79a or 8-84;
(4) "Owner" means any taxpayer filing a state of Connecticut tax return who possesses title to an historic home, or prospective title to an historic home in the form of a purchase agreement or option to purchase, or a nonprofit corporation that possesses such title or prospective title;
(5) "Targeted area" means: (A) A federally designated "qualified census tract" in which seventy per cent or more of the families have a median income of eighty per cent or less of the state-wide median family income, (B) a state designated and federally approved area of chronic economic distress, or (C) an urban and regional center as identified in the Connecticut Conservation and Development Policies Plan;
(6) "Qualified rehabilitation expenditures" means any costs incurred for the physical construction involved in the rehabilitation of an historic home, but excludes: (A) The owner's personal labor, (B) the cost of site improvements, unless to provide building access to persons with disabilities, (C) the cost of a new addition, except as may be required to comply with any provision of the State Building Code or the State Fire Safety Code, (D) any cost associated with the rehabilitation of an outbuilding, unless such building contributes to the historical significance of the historic home, and (E) any nonconstruction cost such as architectural fees, legal fees and financing fees;
(7) "Rehabilitation plan" means any construction plans and specifications for the proposed rehabilitation of an historic home in sufficient detail to enable the [commission] department to evaluate compliance with the standards developed under the provisions of subsections (b) to (d), inclusive, of this section; and
(8) "Occupancy period" means a period of five years during which one or more owners occupy an historic home as their primary residence. The occupancy period begins on the date the tax credit voucher is issued by the [commission] department.
(b) The [commission] department shall administer a system of tax credit vouchers within the resources, requirements and purposes of this section for owners rehabilitating historic homes or taxpayers making contributions to qualified rehabilitation expenditures. For tax years commencing on or after January 1, 2000, any owner shall be eligible for a tax credit voucher in an amount equal to thirty per cent of the qualified rehabilitation expenditures.
(c) The [commission] department shall develop standards for the approval of rehabilitation of historic homes for which a tax credit voucher is sought. Such standards shall take into account whether the rehabilitation of an historic home will preserve the historic character of the building.
(d) The [commission] department shall, in consultation with the Commissioner of Revenue Services, adopt regulations in accordance with chapter 54 to carry out the purposes of this section.
(e) Prior to beginning any rehabilitation work on an historic home, the owner shall submit a rehabilitation plan to the [commission] department for a determination of whether such rehabilitation work meets the standards developed under the provisions of subsections (b) to (d), inclusive, of this section and shall also submit to the [commission] department an estimate of the qualified rehabilitation expenditures.
(f) If the [commission] department certifies that the rehabilitation plan conforms to the standards developed under the provisions of subsections (b) to (d), inclusive, of this section, the [commission] department shall reserve for the benefit of the owner an allocation for a tax credit equivalent to thirty per cent of the projected qualified rehabilitation expenditures.
(g) Following the completion of rehabilitation of an historic home, the owner shall notify the [commission] department that such rehabilitation has been completed. The owner shall provide the [commission] department with documentation of work performed on the historic home and shall certify the cost incurred in rehabilitating the home. The [commission] department shall review such rehabilitation and verify its compliance with the rehabilitation plan. Following such verification, the [commission] department shall issue a tax credit voucher to either the owner rehabilitating the historic home or to the taxpayer named by the owner as contributing to the rehabilitation. The tax credit voucher shall be in an amount equivalent to the lesser of the tax credit reserved upon certification of the rehabilitation plan under the provisions of subsection (f) of this section or thirty per cent of the actual qualified rehabilitation expenditures. In order to obtain a credit against any state tax due that is specified in subsections (j) to (m), inclusive, of this section, the holder of the tax credit voucher shall file the voucher with the holder's state tax return.
(h) Before the [commission] department issues a tax credit voucher, the owner shall deliver a signed statement to the [commission] department which provides that: (1) The owner shall occupy the historic home as the owner's primary residence during the occupancy period, or (2) the owner shall convey the historic home to a new owner who will occupy it as the new owner's primary residence during the occupancy period, or (3) an encumbrance shall be recorded, in favor of the local, state or federal government or other funding source, that will require the owner or the owner's successors to occupy the historic home as the primary residence of the owner or the owner's successors for a period equal to or longer than the occupancy period. A copy of any such encumbrance shall be attached to the signed statement.
(i) The owner of an historic home shall not be eligible for a tax credit voucher under subsections (b) to (d), inclusive, of this section, unless the owner incurs qualified rehabilitation expenditures exceeding twenty-five thousand dollars.
(j) The Commissioner of Revenue Services shall grant a tax credit to a taxpayer holding the tax credit voucher issued under subsections (e) to (i), inclusive, of this section against any tax due under chapter 207, 208, 209, 210, 211 or 212 in the amount specified in the tax credit voucher. The [commission] department shall provide a copy of the voucher to the Commissioner of Revenue Services upon the request of said commissioner.
(k) In no event shall a credit allowed under this section exceed thirty thousand dollars per dwelling unit for an historic home.
(l) The tax credit issued under subsection (j) of this section shall be taken by the holder of the tax credit voucher in the same tax year in which the voucher is issued. Any unused portion of such credit may be carried forward to any or all of the four taxable years following the year in which the tax credit voucher is issued.
(m) The aggregate amount of all tax credits which may be reserved by the commission upon certification of rehabilitation plans under subsections (b) to (d), inclusive, of this section shall not exceed three million dollars in any one fiscal year.
Sec. 28. Section 10-416a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) As used in this section, the following terms shall have the following meanings unless the context clearly indicates another meaning:
(1) ["Commission" means the Connecticut Commission on Culture and Tourism established pursuant to section 10-392] "Department" means the Department of Economic and Community Development;
(2) "Certified historic structure" means an historic commercial or industrial property that: (A) Is listed individually on the National or State Register of Historic Places, or (B) is located in a district listed on the National or State Register of Historic Places, and has been certified by the [commission] department as contributing to the historic character of such district;
(3) "Certified rehabilitation" means any rehabilitation of a certified historic structure for residential use consistent with the historic character of such property or the district in which the property is located as determined by regulations adopted by the [commission] department;
(4) "Owner" means any person, firm, limited liability company, nonprofit or for-profit corporation or other business entity which possesses title to an historic structure and undertakes the rehabilitation of such structure;
(5) "Placed in service" means that substantial rehabilitation work has been completed which would allow for issuance of a certificate of occupancy for the entire building or, in projects completed in phases, for individual residential units that are an identifiable portion of the building;
(6) "Qualified rehabilitation expenditures" means any costs incurred for the physical construction involved in the rehabilitation of a certified historic structure for residential use, excluding: (A) The owner's personal labor, (B) the cost of a new addition, except as required to comply with any provision of the State Building Code or the State Fire Safety Code, and (C) any nonconstruction cost such as architectural fees, legal fees and financing fees;
(7) "Rehabilitation plan" means any construction plans and specifications for the proposed rehabilitation of a certified historic structure in sufficient detail for evaluation by compliance with the standards developed under the provisions of subsections (b) to (d), inclusive, of this section; and
(8) "Substantial rehabilitation" or "substantially rehabilitate" means the qualified rehabilitation expenditures of a certified historic structure that exceed twenty-five per cent of the assessed value of such structure.
(b) (1) The [commission] department shall administer a system of tax credit vouchers within the resources, requirements and purposes of this section for owners rehabilitating certified historic structures.
(2) The credit authorized by this section shall be available in the tax year in which the substantially rehabilitated certified historic structure is placed in service. In the case of projects completed in phases, the tax credit shall be prorated to the substantially rehabilitated identifiable portion of the building placed in service. If the tax credit is more than the amount owed by the taxpayer for the year in which the substantially rehabilitated certified historic structure is placed in service, the amount that is more than the taxpayer's tax liability may be carried forward and credited against the taxes imposed for the succeeding five years or until the full credit is used, whichever occurs first.
(3) Any credits allowed under this section that are provided to multiple owners of certified historic structures shall be passed through to persons designated as partners, members or owners, pro rata or pursuant to an agreement among such persons designated as partners, members or owners documenting an alternative distribution method without regard to other tax or economic attributes of such entity. Any owner entitled to a credit under this section may assign, transfer or convey the credits, in whole or in part, by sale or otherwise to any individual or entity and such transferee shall be entitled to offset the tax imposed under chapter 207, 208, 209, 210, 211 or 212 as if such transferee had incurred the qualified rehabilitation expenditure.
(c) The [commission] department shall develop standards for the approval of rehabilitation of certified historic structures for which a tax credit voucher is sought. Such standards shall take into account whether the rehabilitation of a certified historic structure will preserve the historic character of the building.
(d) The [commission] department shall adopt regulations, in accordance with chapter 54, to carry out the purposes of this section. Such regulations shall include provisions for filing of applications, rating criteria and for timely approval by the [commission] department.
(e) Prior to beginning any rehabilitation work on a certified historic structure, the owner shall submit (1) a rehabilitation plan to the [commission] department for a determination of whether or not such rehabilitation work meets the standards developed under the provisions of subsections (b) to (d), inclusive, of this section, and (2) an estimate of the qualified rehabilitation expenditures. The provisions of this subsection shall not disqualify applications for tax credits for certified historic structures for which rehabilitation commenced but were not placed in service before July 1, 2006.
(f) If the [commission] department certifies that the rehabilitation plan conforms to the standards developed under the provisions of subsections (b) to (d), inclusive, of this section, the [commission] department shall reserve for the benefit of the owner an allocation for a tax credit equivalent to twenty-five per cent of the projected qualified rehabilitation expenditures, not exceeding two million seven hundred thousand dollars.
(g) Following the completion of rehabilitation of a certified historic structure, the owner shall notify the [commission] department that such rehabilitation has been completed. The owner shall provide the [commission] department with documentation of work performed on the certified historic structure and shall submit certification of the costs incurred in rehabilitating the certified historic structure. The [commission] department shall review such rehabilitation and verify its compliance with the rehabilitation plan. Following such verification, the [commission] department shall issue a tax credit voucher to the owner rehabilitating the certified historic structure or to the taxpayer named by the owner as contributing to the rehabilitation. The tax credit voucher shall be in an amount equivalent to the lesser of the tax credit reserved upon certification of the rehabilitation plan under the provisions of subsection (f) of this section or twenty-five per cent of the actual qualified rehabilitation expenditures not exceeding two million seven hundred thousand dollars. In order to obtain a credit against any state tax due that is specified in subsections (h) to (j), inclusive, of this section, the holder of the tax credit voucher shall file the voucher with the holder's state tax return.
(h) The Commissioner of Revenue Services shall grant a tax credit to a taxpayer holding the tax credit voucher issued under subsections (e) to (i), inclusive, of this section against any tax due under chapter 207, 208, 209, 210, 211 or 212 in the amount specified in the tax credit voucher. Such taxpayer shall submit the voucher and the corresponding tax return to the Department of Revenue Services.
(i) The aggregate amount of all tax credits which may be reserved by the [commission] department upon certification of rehabilitation plans under subsections (b) to (d), inclusive, of this section shall not exceed fifteen million dollars in any one fiscal year.
(j) The [commission] department may charge an application fee in an amount not to exceed ten thousand dollars to cover the cost of administering the program established pursuant to this section.
Sec. 29. Section 10-416b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) As used in this section, the following terms shall have the following meanings unless the context clearly indicates another meaning:
(1) ["Commission" means the Connecticut Commission on Culture and Tourism established pursuant to section 10-392] "Department" means the Department of Economic and Community Development;
(2) "Certified historic structure" means an historic commercial or industrial property that: (A) Is listed individually on the National or State Register of Historic Places, or (B) is located in a district listed on the National or State Register of Historic Places, and has been certified by the [commission] department as contributing to the historic character of such district;
(3) "Certified rehabilitation" means any rehabilitation of a certified historic structure for mixed residential and nonresidential uses consistent with the historic character of such property or the district in which the property is located as determined by regulations adopted by the [commission] department;
(4) "Owner" means any person, firm, limited liability company, nonprofit or for-profit corporation or other business entity which possesses title to an historic structure and undertakes the rehabilitation of such structure;
(5) "Placed in service" means that substantial rehabilitation work has been completed which would allow for issuance of a certificate of occupancy for the entire building or, in projects completed in phases, for an identifiable portion of the building;
(6) "Qualified rehabilitation expenditures" means any costs incurred for the physical construction involved in the rehabilitation of a certified historic structure for mixed residential and nonresidential uses where at least thirty-three per cent of the total square footage of the rehabilitation is placed into service for residential use, excluding: (A) The owner's personal labor, (B) the cost of a new addition, except as required to comply with any provision of the State Building Code or the State Fire Safety Code, and (C) any nonconstruction cost such as architectural fees, legal fees and financing fees;
(7) "Rehabilitation plan" means any construction plans and specifications for the proposed rehabilitation of a certified historic structure in sufficient detail for evaluation by compliance with the standards developed under the provisions of subsections (b) to (d), inclusive, of this section; and
(8) "Substantial rehabilitation" or "substantially rehabilitate" means the qualified rehabilitation expenditures of a certified historic structure that exceed twenty-five per cent of the assessed value of such structure.
(b) (1) The [commission] department shall administer a system of tax credit vouchers within the resources, requirements and purposes of this section for owners rehabilitating certified historic structures.
(2) The credit authorized by this section shall be available in the tax year in which the substantially rehabilitated certified historic structure is placed in service. In the case of projects completed in phases, the tax credit shall be prorated to the substantially rehabilitated identifiable portion of the building placed in service. If the tax credit is more than the amount owed by the taxpayer for the year in which the substantially rehabilitated certified historic structure is placed in service, the amount that is more than the taxpayer's tax liability may be carried forward and credited against the taxes imposed for the succeeding five years or until the full credit is used, whichever occurs first.
(3) In the case of projects completed in phases, the [commission] department may issue vouchers for the substantially rehabilitated identifiable portion of the building placed in service, regardless of whether such portion contains residential uses.
(4) Any credits allowed under this section that are provided to multiple owners of certified historic structures shall be passed through to persons designated as partners, members or owners, pro rata or pursuant to an agreement among such persons designated as partners, members or owners documenting an alternative distribution method without regard to other tax or economic attributes of such entity. Any owner entitled to a credit under this section may assign, transfer or convey the credits, in whole or in part, by sale or otherwise to any individual or entity and such transferee shall be entitled to offset the tax imposed under chapter 207, 208, 209, 210, 211 or 212 as if such transferee had incurred the qualified rehabilitation expenditure.
(c) The [commission] department shall develop standards for the approval of rehabilitation of certified historic structures for which a tax credit voucher is sought. Such standards shall take into account whether the rehabilitation of a certified historic structure will preserve the historic character of the building.
(d) The [commission] department shall adopt regulations, in accordance with chapter 54, to carry out the purposes of this section. Such regulations shall include provisions for the filing of applications, rating criteria and for timely approval by the [commission] department.
(e) Prior to beginning any rehabilitation work on a certified historic structure, the owner shall submit (1) (A) a rehabilitation plan to the [commission] department for a determination of whether or not such rehabilitation work meets the standards developed under the provisions of subsections (b) to (d), inclusive, of this section, and (B) if such rehabilitation work is planned to be undertaken in phases, a complete description of each such phase, with anticipated schedules for completion, (2) an estimate of the qualified rehabilitation expenditures, and (3) for projects pursuant to subdivision (2) of subsection (f) of this section, (A) the number of units of affordable housing, as defined in section 8-39a, to be created, (B) the proposed rents or sale prices of such units, and (C) the median income for the municipality where the project is located. In the case of a project pursuant to subdivision (2) of subsection (f) of this section the owner shall submit a copy of data required under subdivision (3) of this subsection to the [Department of Economic and Community Development] department.
(f) If the [commission] department certifies that the rehabilitation plan conforms to the standards developed under the provisions of subsections (b) to (d), inclusive, of this section, the [commission] department shall reserve for the benefit of the owner an allocation for a tax credit equivalent to (1) twenty-five per cent of the projected qualified rehabilitation expenditures, or (2) for rehabilitation plans submitted pursuant to subsection (e) of this section on or after June 14, 2007, thirty per cent of the projected qualified rehabilitation expenditures if (A) at least twenty per cent of the units are rental units and qualify as affordable housing, as defined in section 8-39a, or (B) at least ten per cent of the units are individual homeownership units and qualify as affordable housing, as defined in section 8-39a. No tax credit shall be allocated for the purposes of this subdivision unless an applicant has submitted to the [commission] department a certificate from the [Department of Economic and Community Development] department pursuant to subsections (l) and (m) of this section confirming that the project complies with affordable housing requirements under section 8-39a.
(g) (1) The owner shall notify the [commission] department that a phase of the rehabilitation has been completed at such time as an identifiable portion of a certified historic structure has been placed in service. Such portion shall not be required to include residential uses, provided the rehabilitation plan submitted pursuant to subsection (e) of this section describes the residential uses that will be part of the rehabilitation, and includes a schedule for completion of such residential uses. The owner shall provide the [commission] department with documentation of work performed on such portion of such structure and shall submit certification of the costs incurred in such rehabilitation. The [commission] department shall review such rehabilitation and verify its compliance with the rehabilitation plan. Following such verification, the [commission] department shall issue a tax credit voucher as provided in subsection (h) of this section.
(2) If the residential portion of the mixed residential and nonresidential uses described in the rehabilitation plan is not completed within the schedule outlined in such plan, the owner shall recapture one hundred per cent of the amount of the credit for which a voucher was issued pursuant to this section on the tax return required to be filed for the income year immediately succeeding the income year during which such residential portion has not been completed. The [commission] department, in its discretion, may provide an extension of time for completion of such residential portion, but in no event shall such extension be more than three years.
(h) Following the completion of rehabilitation of a certified historic structure, the owner shall notify the [commission] department that such rehabilitation has been completed. The owner shall provide the [commission] department with documentation of work performed on the certified historic structure and shall submit certification of the costs incurred in rehabilitating the certified historic structure. The [commission] department shall review such rehabilitation and verify its compliance with the rehabilitation plan. Following such verification, the [commission] department shall issue a tax credit voucher to the owner rehabilitating the certified historic structure or to the taxpayer named by the owner as contributing to the rehabilitation. The tax credit voucher shall be in an amount equivalent to the lesser of the tax credit reserved upon certification of the rehabilitation plan under the provisions of subsection (f) of this section or (1) twenty-five per cent of the actual qualified rehabilitation expenditures, or (2) for projects including affordable housing pursuant to subdivision (2) of subsection (f) of this section, thirty per cent of the actual qualified rehabilitation expenditures. In order to obtain a credit against any state tax due that is specified in subsection (i) of this section, the holder of the tax credit voucher shall file the voucher with the holder's state tax return.
(i) The Commissioner of Revenue Services shall grant a tax credit to a taxpayer holding the tax credit voucher issued under subsections (e) to (j), inclusive, of this section against any tax due under chapter 207, 208, 209, 210, 211 or 212 in the amount specified in the tax credit voucher. Such taxpayer shall submit the voucher and the corresponding tax return to the Department of Revenue Services.
(j) The [commission] department may charge an application fee in an amount not to exceed ten thousand dollars to cover the cost of administering the program established pursuant to this section.
(k) The aggregate amount of all tax credits which may be reserved by the [Commission on Culture and Tourism] department upon certification of rehabilitation plans under subsections (a) to (j), inclusive, of this section shall not exceed fifty million dollars for the fiscal three-year period beginning July 1, 2008, and ending June 30, 2011, inclusive, and each fiscal three-year period thereafter. No project may receive tax credits in an amount exceeding ten per cent of such aggregate amount.
(l) On or before October [1, 2009] first, and annually, [thereafter,] the [Commission on Culture and Tourism] department shall report the total amount of historic preservation tax credits and affordable housing tax credits reserved for the previous fiscal year under subsections (a) to (j), inclusive, of this section, to the joint standing committees of the General Assembly having cognizance of matters relating to commerce and to finance, revenue and bonding. Each such report shall include the following information for each project for which tax credit has been reserved: (1) The total project costs, (2) the value of the tax credit reservation for the purpose of historic preservation, (3) a statement whether the reservation is for mixed-use and if so, the proportion of the project that is not residential, and (4) the number of residential units to be created, and, for affordable housing reservations, the value of the reservation and percentage of residential units that will qualify as affordable housing, as defined in section 8-39a.
(m) (1) If the total amount of such tax credits reserved in the first fiscal year of a fiscal three-year period is more than sixty-five per cent of the aggregate amount of tax credits reserved under subsections (a) to (j), inclusive, of this section, then no additional reservation shall be allowed for the second fiscal year of such fiscal three-year period unless the joint standing committees of the General Assembly having cognizance of matters relating to commerce and to finance, revenue and bonding each vote separately to authorize continuance of tax credit reservations under the program.
(2) If the total amount of such credits reserved in the second year of a fiscal three-year period exceeds ninety per cent of the aggregate amount of tax credits reserved under subsections (a) to (j), inclusive, of this section, then no additional reservation shall be allowed for the third fiscal year of such fiscal three-year period unless the joint standing committees of the General Assembly having cognizance of matters relating to commerce and to finance, revenue and bonding each vote separately to authorize the continuance of tax credit reservations under the program.
(3) Any tax credit reservations issued before a suspension of additional tax credit reservations under subdivisions (1) and (2) of this subsection shall remain in place.
Sec. 30. Subsection (c) of section 32-11a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(c) The board of directors of the authority shall consist of the Commissioner of Economic and Community Development, the State Treasurer and the Secretary of the Office of Policy and Management, each serving ex officio, four members appointed by the Governor who shall be experienced in the field of financial lending or the development of commerce, trade and business and four members appointed as follows: One by the president pro tempore of the Senate, one by the minority leader of the Senate, one by the speaker of the House of Representatives and one by the minority leader of the House of Representatives. Each ex-officio member may designate a deputy or any member of the agency staff to represent the member at meetings of the authority with full powers to act and vote on the member's behalf. The chairperson of the board shall be [appointed by the Governor, with the advice and consent of both houses of the General Assembly.] the Commissioner of Economic and Community Development. The board shall annually elect one of its members as vice chairperson. Each member appointed by the Governor shall serve at the pleasure of the Governor but no longer than the term of office of the Governor or until the member's successor is appointed and qualified, whichever is longer. Each member appointed by a member of the General Assembly shall serve in accordance with the provisions of section 4-1a. Members shall receive no compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties under the authority legislation, as defined in subsection (hh) of section 32-23d. The Governor shall fill any vacancy for the unexpired term of a member appointed by the Governor. The appropriate legislative appointing authority shall fill any vacancy for the unexpired term of a member appointed by such authority. A member of the board shall be eligible for reappointment. Any member of the board may be removed by the Governor for misfeasance, malfeasance or wilful neglect of duty. Each member of the authority before entering upon his or her duties shall take and subscribe the oath or affirmation required by article XI, section 1, of the State Constitution. A record of each such oath shall be filed in the office of the Secretary of the State. Meetings of the board shall be held at such times as shall be specified in the bylaws adopted by the board and at such other time or times as the chairperson deems necessary. The board is empowered to adopt bylaws and regulations for putting into effect the provisions of said chapters and sections. Not later than November first, annually, the authority shall submit a report to the Commissioner of Economic and Community Development, the Auditors of Public Accounts and the joint standing committees of the General Assembly having cognizance of matters relating to the Department of Economic and Community Development, appropriations and capital bonding, which shall include the following information with respect to new and outstanding financial assistance provided by the authority during the twelve-month period ending on June thirtieth next preceding the date of the report for each financial assistance program administered by the authority: (1) A list of the names, addresses and locations of all recipients of such assistance, (2) for each recipient: (A) The business activities, (B) the Standard Industrial Classification Manual codes, (C) the gross revenues during the recipient's most recent fiscal year, (D) the number of employees at the time of application, (E) whether the recipient is a minority or woman-owned business, (F) a summary of the terms and conditions for the assistance, including the type and amount of state financial assistance, job creation or retention requirements, and anticipated wage rates, and (G) the amount of investments from private and other nonstate sources that have been leveraged by the assistance, (3) the economic benefit criteria used in determining which applications have been approved or disapproved, and (4) for each recipient of assistance on or after July 1, 1991, a comparison between the number of jobs to be created, the number of jobs to be retained and the average wage rates for each such category of jobs, as projected in the recipient's application, versus the actual number of jobs created, the actual number of jobs retained and the average wage rates for each such category. The report shall also indicate the actual number of full-time jobs and the actual number of part-time jobs in each such category and the benefit levels for each such subcategory. In addition, the report shall state (A) for each final application approved during the twelve-month period covered by the report, (i) the date that the final application was received by the authority, and (ii) the date of such approval; (B) for each final application withdrawn during the twelve-month period covered by the report, (i) the municipality in which the applicant is located, (ii) the Standard Industrial Classification Manual code for the applicant, (iii) the date that the final application was received by the authority, and (iv) the date of such withdrawal; (C) for each final application disapproved during the twelve-month period covered by the report, (i) the municipality in which the applicant is located, (ii) the Standard Industrial Classification Manual code for the applicant, (iii) the date that the final application was received by the authority, and (iv) the date of such disapproval; and (D) for each final application on which no action has been taken by the applicant or the agency in the twelve-month period covered by the report and for which no report has been submitted under this subsection, (i) the municipality in which the applicant is located, (ii) the Standard Industrial Classification Manual code for the applicant, and (iii) the date that the final application was received by the authority. The November first report shall include a summary of the activities of the authority, including all activities to assist small businesses and minority business enterprises, as defined in section 4a-60g, a complete operating and financial statement and recommendations for legislation to promote the purposes of the authority. The authority shall furnish such additional reports upon the written request of any such committee at such times and containing such information as the committee may request. The accounts of the authority shall be subject to annual audit by the state Auditors of Public Accounts. The authority may cause an audit of its books and accounts to be made at least once each fiscal year by certified public accountants. The powers of the authority shall be vested in and exercised by not less than six of the members of the board of directors then in office. Such number of members shall constitute a quorum and the affirmative vote of a majority of the members present at a meeting of the board shall be necessary for any action taken by the authority. No vacancy in the membership of the board shall impair the right to exercise all the rights and perform all the duties of the authority. Any action taken by the board under the provisions of said chapters and sections may be authorized by resolution at any regular or special meeting, and each such resolution shall take effect immediately and need not be published or posted. The authority shall be exempt from the provisions of section 4-9a, as amended by this act.
Sec. 31. Subsection (c) of section 32-35 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(c) The chairperson of the board shall be [appointed by the Governor, with the advice and consent of both houses of the General Assembly] the Commissioner of Economic and Community Development. The directors shall annually elect one of their number as secretary. The board may elect such other officers of the board as it deems proper. Members shall receive no compensation for the performance of their duties hereunder but shall be reimbursed for necessary expenses incurred in the performance thereof.
Sec. 32. Subsection (b) of section 31-11dd of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) The Office of Workforce Competitiveness, in accordance with subsection (c) of section 4-124w, may request other state agencies, including, but not limited to, the Departments of Education, Higher Education [, Economic and Community Development] and Social Services, the Labor Department, and the Board of Trustees of the Community-Technical Colleges to provide information, reports and other assistance to the board in carrying out its duties, pursuant to subsection (a) of this section and sections 31-11cc and 31-11ee, and to the Connecticut Employment and Training Commission in carrying out its duties pursuant to subsection (d) of this section.
Sec. 33. Subsection (h) of section 7-147b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(h) The form of the ballot to be mailed to each owner shall be consistent with the model ballot prepared by the Historic Preservation Council of the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development established pursuant to section 10-409, as amended by this act. The ballot shall be a secret ballot and shall set the date by which such ballots shall be received by the clerk of the municipality. The ballots shall be mailed by first class mail to each owner eligible to vote in such balloting at least fifteen days in advance of the day on which ballots must be returned. Notice of balloting shall be published in the form of a legal advertisement appearing in a newspaper having a substantial circulation in the municipality at least twice, at intervals of not less than two days, the first not more than fifteen days or less than ten days and the last not less than two days before the day on which the ballots must be returned. Such ballot shall be returned to the municipal clerk, inserted in an inner envelope which shall have endorsed on the face thereof a form containing a statement as follows: "I, the undersigned, do hereby state under the penalties of false statement that I am an owner of record of real property to be included in the proposed historic district and that I am, or my predecessors in title were, liable to the municipality for taxes on an assessment of not less than one thousand dollars on the last grand list of the municipality of real property within the district, or who would be or would have been so liable if not entitled to an exemption under subdivision (7), (8), (10), (11), (13), (14), (15), (16), (17), (20), (21), (22), (23), (24), (25), (26), (29) or (49) of section 12-81." Such statement shall be signed and dated. Any person who intentionally falsely signs such ballot shall be guilty of false statement as provided in section 53a-157b. The inner envelope, in which the ballot has been inserted by the owner, shall be returned to the municipal clerk in an outer envelope endorsed on the outside with the words: "Official ballot". Such outer envelope shall also contain, in the upper left corner of the face thereof, blank spaces for the name and return address of the sender. In the lower left corner of such outer envelope, enclosed in a printed box, there shall be spaces upon which the municipal clerk, before issuance of the ballot and envelopes, shall inscribe the name, street and number of the elector's voting residence and the date by which the ballot must be returned, and before issuance the municipal clerk shall similarly inscribe such envelope with his name and address for the return thereof. All outer envelopes shall be serially numbered. The ballots shall be returned to the municipal clerk by the close of business on the day specified, and such clerk shall compare each ballot to the list of property owners to whom such ballots were mailed to insure that each such ballot has been properly signed and returned.
Sec. 34. Subsection (b) of section 8-37lll of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) The Commissioner of Economic and Community Development [, in consultation with the Commission on Culture and Tourism,] may adopt regulations, pursuant to chapter 54, for monitoring of projects that qualify for affordable housing tax credits pursuant to subsections (a) to (j), inclusive, of section 10-416b, as amended by this act, by the Department of Economic and Community Development, or by local housing authorities, municipalities, other public agencies or quasi-public agencies, as defined in section 1-120, designated by the department. Such regulations shall include provisions for ensuring that affordable units developed under subdivision (3) of subsection (e) of section 10-416b, as amended by this act, are maintained as affordable for a minimum of ten years and may require deed restrictions or other fiscal mechanisms designed to ensure compliance with project requirements.
Sec. 35. Section 3-110f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development may appoint a state poet laureate.
Sec. 36. Section 3-110h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
There shall be an official state troubadour. The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development shall biennially designate a troubadour to serve in the position.
Sec. 37. Section 3-110i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Charles Edward Ives is designated as the composer of the state of Connecticut. There shall be a "Charles Edward Ives Memorial Composer Laureate of the state of Connecticut". The board of directors of the Charles Ives Center for the Arts, in consultation with the panel established under this section, may designate from time to time a composer who was born or is living in Connecticut to serve in the position of composer laureate. There is established a panel that shall meet from time to time to advise said board of directors on the designation of the composer laureate. The panel shall be comprised of eight members, one of whom shall be a representative of the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, one of whom shall be a representative of the New Haven Symphony Orchestra, one of whom shall be a representative of the Hartford Symphony Orchestra, one of whom shall be a representative of the Yale University School of Music, one of whom shall be a representative of the Hartt School of Music of The University of Hartford, one of whom shall be a representative of The Charles Ives Society, Inc., one of whom shall be a representative of The University of Connecticut through its music department, and one of whom shall be a representative of the Connecticut State University through the music department of Western Connecticut State University. Each member of the panel shall be selected by the entity that the member represents.
Sec. 38. Section 4-5 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
As used in sections 4-6, 4-7 and 4-8, the term "department head" means Secretary of the Office of Policy and Management, Commissioner of Administrative Services, Commissioner of Revenue Services, Banking Commissioner, Commissioner of Children and Families, Commissioner of Consumer Protection, Commissioner of Correction, Commissioner of Economic and Community Development, State Board of Education, Commissioner of Emergency Management and Homeland Security, Commissioner of Environmental Protection, Commissioner of Agriculture, Commissioner of Public Health, Insurance Commissioner, Labor Commissioner, Liquor Control Commission, Commissioner of Mental Health and Addiction Services, Commissioner of Public Safety, Commissioner of Social Services, Commissioner of Developmental Services, Commissioner of Motor Vehicles, Commissioner of Transportation, Commissioner of Public Works, Commissioner of Veterans' Affairs, Chief Information Officer, the chairperson of the Public Utilities Control Authority, the executive director of the Board of Education and Services for the Blind [, the executive director of the Connecticut Commission on Culture and Tourism,] and the executive director of the Office of Military Affairs. As used in sections 4-6 and 4-7, "department head" also means the Commissioner of Education.
Sec. 39. Subsection (c) of section 4-9a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(c) Notwithstanding any provision of law to the contrary, the term of each member of each board and commission within the executive branch, except the State Board of Education, the Board of Governors of Higher Education, the Gaming Policy Board, the Commission on Human Rights and Opportunities, the State Elections Enforcement Commission, the State Properties Review Board, the Citizen's Ethics Advisory Board, the Commission on Medicolegal Investigations, the Psychiatric Security Review Board, the Commission on Fire Prevention and Control, the E 9-1-1 Commission [, the Connecticut Commission on Culture and Tourism,] and the board of trustees of each constituent unit of the state system of higher education, commencing on or after July 1, 1979, shall be coterminous with the term of the Governor or until a successor is chosen, whichever is later.
Sec. 40. Section 4-66aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is established, within the General Fund, a separate, nonlapsing account to be known as the "community investment account". The account shall contain any moneys required by law to be deposited in the account. The funds in the account shall be distributed every three months as follows: (1) Twenty-five per cent to the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development to use as follows: (A) Two hundred thousand dollars, annually, to supplement the technical assistance and preservation activities of the Connecticut Trust for Historic Preservation, established pursuant to special act 75-93, and (B) the remainder to supplement historic preservation activities as provided in sections 10-409 to 10-415, inclusive, as amended by this act; (2) twenty-five per cent to the Connecticut Housing Finance Authority to supplement new or existing affordable housing programs; (3) twenty-five per cent to the Department of Environmental Protection for municipal open space grants; and (4) twenty-five per cent to the Department of Agriculture to use as follows: (A) Five hundred thousand dollars annually for the agricultural viability grant program established pursuant to section 22-26j; (B) five hundred thousand dollars, annually for the farm transition program established pursuant to section 22-26k; (C) one hundred thousand dollars annually to encourage the sale of Connecticut Grown food to schools, restaurants, retailers, and other institutions and businesses in the state; (D) seventy-five thousand dollars annually for the Connecticut farm link program established pursuant to section 22-26l; and (E) the remainder for farmland preservation programs pursuant to chapter 422. Each agency receiving funds under this section may use not more than ten per cent of such funds for administration of the programs for which the funds were provided.
(b) Notwithstanding the provisions of subsection (a) of this section, from July 1, 2009, until July 1, 2011, the funds in the community investment account established pursuant to said subsection shall be distributed every three months as follows: (1) Twenty per cent to the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development to use as follows: (A) Two hundred thousand dollars, annually, to supplement the technical assistance and preservation activities of the Connecticut Trust for Historic Preservation, established pursuant to special act 75-93, and (B) the remainder to supplement historic preservation activities as provided in sections 10-409 to 10-415, inclusive, as amended by this act; (2) twenty per cent to the Connecticut Housing Finance Authority to supplement new or existing affordable housing programs; (3) twenty per cent to the Department of Environmental Protection for municipal open space grants; and (4) forty per cent to the Department of Agriculture to use as follows: (A) One hundred twenty-five thousand dollars, quarterly, for the agricultural viability grant program established pursuant to section 22-26j; (B) one hundred twenty-five thousand dollars, quarterly, for the farm transition program established pursuant to section 22-26k; (C) twenty-five thousand dollars, quarterly, to encourage the sale of Connecticut Grown food to schools, restaurants, retailers, and other institutions and businesses in the state; (D) eighteen thousand seven hundred fifty dollars, quarterly, for the Connecticut farm link program established pursuant to section 22-26l; (E) twelve thousand five hundred dollars, quarterly, for Urban Oaks Organic Farm; (F) eleven thousand eight hundred seventy-five dollars, quarterly, for the Seafood Advisory Council established pursuant to section 22-455; (G) eleven thousand eight hundred seventy-five dollars, quarterly, to the Connecticut Farm Wine Development Council established pursuant to section 22-26c; (H) six thousand two hundred fifty dollars, quarterly, to the Connecticut Food Policy Council established pursuant to section 22-456; and (I) the remainder each quarter to the agricultural sustainability account established pursuant to section 4-66c. Each agency receiving funds under this section may use not more than ten per cent of such funds for administration of the programs for which the funds were provided, except the Department of Agriculture may also use such funds for the administration of farmland preservation programs pursuant to chapter 422.
Sec. 41. Subsection (e) of section 4-89 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(e) The provisions of this section shall not apply to appropriations for Department of Transportation equipment, the highway and planning research program administered by the Department of Transportation, Department of Environmental Protection equipment or the purchase of public transportation equipment, the minor capital improvement account in the Department of Public Works, the litigation/settlement account in the Office of Policy and Management, library or educational equipment for the constituent units of the state system of higher education, or library or educational materials for the State Library, or the state-wide tourism marketing account of the [Commission on Culture and Tourism] Department of Economic and Community Development. Such appropriations shall not lapse until the end of the fiscal year succeeding the fiscal year of the appropriation, provided an obligation to spend such funds has been incurred in the next preceding fiscal year, except that for the purposes of library or educational equipment or materials, such funds shall not exceed twenty-five per cent of the amount of the appropriation for such purposes.
Sec. 42. Section 4b-53 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) For purposes of this section, the following terms have the following meanings: "State building" means any building or facility owned or leased by the state of Connecticut and open to the public or intended for such use, exclusive of any shed, warehouse, garage, building of a temporary nature or building located on the grounds of a correctional institution; "proposal development expenses" means the cost of preparing a detailed drawing, model or plan as determined by the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development; and "work of art" means art work which is to be an integrated part of such state building, including but not limited to, fresco, mosaic, sculpture and other architectural embellishment or functional art created by a professional artist, artisan or craftsperson, and any work of visual art which is not to be an integrated part of such state building, including but not limited to, a drawing, painting, sculpture, mosaic, photograph, work of calligraphy or work of graphic art or mixed media. Work of art as used in this section shall not include landscape architecture or landscape gardening.
(b) The State Bond Commission, in the allocation of proceeds of state bonds for purposes of construction, reconstruction or remodeling of any state building, shall allocate for works of art, with respect to each such project and for the purposes of subsection (c) of this section, an amount from such proceeds not less than one per cent of the total estimated cost of such construction, reconstruction or remodeling, exclusive of (1) the cost of any land acquisition, (2) any nonconstruction costs including the cost of such work of art, and (3) any augmentations to such cost, provided any such allocation for work of art as provided in this section must be approved, prior to authorization of such allocation by the State Bond Commission, by the Commissioner of Public Works in consultation with the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development. Such allocation may be used to reimburse any artist, artisan, craftsperson or person who creates a work of art, for proposal development expenses when the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development requests such proposal development or to compensate persons who, at the request of the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development determine whether such works of art require proposal development.
(c) There is established within the General Fund a state building works of art account, which shall be a separate, nonlapsing account. The moneys within said account shall be used (1) for the purchase of works of art from distinguished Connecticut artists, which shall be placed on public view in state buildings, (2) to establish a bank of major works of art, from which individual works of art may be circulated among state buildings, public art museums and nonprofit galleries, and (3) for repair of all works acquired under this section. The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, in consultation with the Commissioner of Public Works, shall adopt regulations in accordance with the provisions of chapter 54, which shall (A) indicate the portion of the one per cent allocation under subsection (b) of this section, up to one quarter of such allocation, which shall be deposited in the General Fund and credited to said account, (B) set forth the manner in which the moneys in said account shall be allocated and expended for the purposes of this subsection, and (C) establish procedures to ensure accountability in maintaining the integrity of such bank of works of art.
(d) There is established a subaccount within the state buildings works of art account, established pursuant to subsection (c) of this section, to be known as the "maintenance account" to be used solely for the conservation, repair and cleaning of artworks commissioned and purchased for state buildings pursuant to this section. The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development shall determine what percentage of the one per cent allocation pursuant to subsection (b) of this section, up to ten per cent of such allocation, to credit to said subaccount.
(e) The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development shall, with respect to a work of art in any project under subsection (b) of this section, be responsible for the selection of any artist, artisan or craftsperson, review of any design or plan, and execution, completion, acceptance and placement of such work of art, provided any work of art to be located in any building under the supervision, security, utilization and control of the Joint Committee on Legislative Management shall be approved by said committee. The Commissioner of Public Works, in consultation with said [commission] department, (1) shall be responsible for the contractual arrangements with any such artist, artisan or craftsperson, and (2) shall adopt regulations concerning implementation of the purposes of subsection (b) of this section and this subsection.
Sec. 43. Subsection (a) of section 4b-60 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There shall be a State Commission on Capitol Preservation and Restoration to consist of twelve members to be appointed as follows: Two members shall be appointed by the Governor, two by the speaker of the House of Representatives, two by the president pro tempore of the Senate, one by the House minority leader, one by the Senate minority leader, two members of the Joint Committee on Legislative Management, one appointed by each of the chairmen of said committee, and one member of the [Connecticut Commission on Culture and Tourism] Cultural and Tourism Advisory Committee appointed by its [chairman] chairperson. The Commissioner of Public Works, or the commissioner's designee, shall be an ex-officio member of the commission and shall attend its meetings. Vacancies on the commission shall be filled by the original appointing authority for the unexpired portion of the term. The members shall serve without compensation for their services but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. The commission shall meet at least quarterly, and more often on the call of the chairman or on the written request of a majority of the members. The commission may designate subcommittees to carry out its functions. Any member who fails to attend three consecutive meetings or fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned.
Sec. 44. Section 4b-64 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Each state department, institution or agency intending to dispose of, demolish or transfer ownership of any structure more than fifty years old shall notify the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development of such intent ninety days before the disposition, demolition or transfer. The department, institution or agency, not more than one hundred twenty days and not less than thirty days before such disposition, demolition or transfer, shall publish notice of its intent three times in a newspaper of general circulation in the municipality in which such structure is located and shall post a sign stating its intent in a conspicuous place on the property on which such structure is located not less than thirty days before the disposition, demolition or transfer.
Sec. 45. Subsection (a) of section 4b-66a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is established a Connecticut Capitol Center Commission. The commission shall consist of (1) the Secretary of the Office of Policy and Management, or the secretary's designee; (2) the Commissioner of Public Works, or the commissioner's designee; (3) the Commissioner of Economic and Community Development, or the commissioner's designee; (4) the [executive director of the Connecticut Commission on Culture and Tourism] chairperson of the Culture and Tourism Advisory Committee, or the [executive director's] chairperson's designee; (5) one member appointed by the speaker of the House of Representatives; (6) one member appointed by the president pro tempore of the Senate; (7) one member appointed by the majority leader of the House of Representatives; (8) one member appointed by the majority leader of the Senate; (9) one member appointed by the minority leader of the House of Representatives; (10) one member appointed by the minority leader of the Senate; (11) the chairperson of the Hartford Commission on the City Plan; (12) one member appointed by the mayor of the city of Hartford; and (13) one member from the South Downtown Neighborhood Revitalization Committee.
Sec. 46. Subsection (cc) of section 5-198 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(cc) The director for digital media and motion picture activities in the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development.
Sec. 47. Subsection (b) of section 7-147a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) Any municipality may, by vote of its legislative body and in conformance with the standards and criteria formulated by the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, establish within its confines an historic district or districts to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of the distinctive characteristics of buildings and places associated with the history of or indicative of a period or style of architecture of the municipality, of the state or of the nation.
Sec. 48. Subsection (g) of section 7-147c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(g) A copy of any ordinance creating an historic district adopted under authority of this part, amendments to any such ordinance, maps of any districts created under this part, annual reports and other publications of the historic district commission and the roster of membership of such commission shall be transmitted to the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development. The historic district commission shall also file with the [Connecticut Commission on Culture and Tourism] department at least once every year a brief summary of its actions during that year, including a statement of the number and nature of certificates of appropriateness issued, any changes in the membership of the commission and any other information deemed appropriate by the historic district commission.
Sec. 49. Subsection (b) of section 7-147j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) If a building in an historic district is to be demolished, no demolition shall occur for ninety days from issuance of a demolition permit if during such time the historic district commission or the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development is attempting to find a purchaser who will retain or remove such building or who will present some other reasonable alternative to demolition. During such ninety-day period the municipality may abate all real property taxes. At the conclusion of such ninety-day period, the demolition permit shall become effective and the demolition may occur. Nothing in this section shall be construed to mandate that the owner of such property sell such property or building.
Sec. 50. Subsection (b) of section 7-147p of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) Any municipality may, by ordinance and in conformance with the standards and criteria formulated by the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, designate within its confines an historic property or properties to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of the distinctive characteristics of individual buildings and places associated with the history of or indicative of a period or style of architecture of the municipality, of the state or of the nation.
Sec. 51. Subsection (c) of section 7-147q of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(c) The historic properties study committee shall transmit copies of its report to the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, the planning commission and zoning commission, or the combined planning and zoning commission, of the municipality, if any, and, in the absence of such a planning commission, zoning commission or combined planning and zoning commission, to the chief elected official of the municipality for their comments and recommendations. In addition to such other comments and recommendations as it may make, the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development may recommend either approval, disapproval, modification, alteration or rejection of the proposed ordinance or ordinances and of the boundaries of each proposed historic property. Each such commission, board or individual shall deliver such comments and recommendations to the committee within sixty-five days of the date of transmission of such report. Failure to deliver such comments and recommendations shall be taken as approval of the report of the committee.
Sec. 52. Subsection (b) of section 7-147y of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) If a building within the boundaries of an historic property is to be demolished, no demolition shall occur for ninety days from issuance of a demolition permit if during such time the historic properties commission or the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development is attempting to find a purchaser who will retain or remove such building or who will present some other reasonable alternative to demolition. During such ninety-day period the municipality may abate all real property taxes. At the conclusion of such ninety-day period, the demolition permit shall become effective and the demolition may occur. Nothing in this section shall be construed to mandate that the owner of such property is under any obligation to sell such property or building.
Sec. 53. Section 10-382 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
There is established a Native American Heritage Advisory Council to evaluate and make recommendations on the Native American heritage to the State Archaeologist and the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development. Such council shall consist of the following members: One representing each of the following Indian tribes, appointed by the tribe: The Schaghticoke, the Paucatuck Eastern Pequot, the Mashantucket Pequot, the Mohegan and the Golden Hill Paugussett; one representing the Indian Affairs Council, appointed by the chairperson of the council; one representing the Commissioner of Environmental Protection, appointed by said commissioner; one representing the Archaeological Society of Connecticut, appointed by the president pro tempore of the Senate; and three who are knowledgeable in Native American history, traditions and archaeology, one appointed by the speaker of the House of Representatives, one appointed by the minority leader of the House of Representatives and one appointed by the minority leader of the Senate.
Sec. 54. Section 10-384 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, with the concurrence of the State Archaeologist, may examine sites and lands to determine if such sites or lands are of state or national archaeological importance and meet all the requirements for listing on the National Register (16 USC 470a) or the state register of historic places defined in section 10-410. Upon determination that any site or land investigated is of state or national archaeological importance, the [commission] department may declare such site or land to be a state archaeological preserve, provided (1) each property owner of any private site or land proposed for designation has been informed of the implications of the designation and consented in writing to such designation, (2) the state agency with custody or control of any public land has been notified in writing of the proposed designation and (3) written recommendations on the proposal have been sent to the [commission] department by the State Archaeologist and, if there is evidence of Native American activity, the Native American Heritage Advisory Council established pursuant to section 10-382. The [commission] department shall cause notice of such designation to be filed on the land records in the town where such preserve is located.
Sec. 55. Subsection (a) of section 10-385 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development shall adopt regulations in accordance with the provisions of chapter 54 for the establishment, care, use and management of sites or lands designated as state archaeological preserves pursuant to section 10-384.
Sec. 56. Subsection (a) of section 10-386 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) No person may conduct an archaeological investigation on state lands or on a state archaeological preserve without a permit from the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development. Any such permit shall be issued with the concurrence of the State Archaeologist. The applicant shall submit an application on such form as the [commission] department may prescribe and with such information as the [commission] department, after consultation with the State Archaeologist and the advisory council established pursuant to section 10-382, deems necessary, including, but not limited to, the time, scope, location and specific purpose of the proposed research. The applicant shall submit (1) evidence satisfactory to the [commission] department of qualifications to perform the excavation, including evidence of experience, training and knowledge; (2) an excavation plan for the site satisfactory to the [commission] department which includes provisions on the method of excavation and (3) a written statement that upon completion of the excavation the applicant shall submit a report of the investigation which shall include a description of archaeological artifacts discovered and relevant maps, documents, drawings and photographs. No permit shall be issued for an investigation that would disturb a known Native American cemetery, burial site or other sacred site without the review of the advisory council established pursuant to section 10-382. Failure to comply with the terms of a permit issued under this section shall be grounds to deny a subsequent permit.
Sec. 57. Section 10-387 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Each state department, institution and agency shall review, in consultation with the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, their policies and practices for consistency with the preservation and study of the state's archaeological sites and sacred lands and sites. Such review shall include preparation of an evaluation document which specifies projects and programs requiring detailed consultation to identify and protect archaeological sites and sacred lands and sites. Any project submitted to the [commission] department for review under the provisions of sections 22a-1a to 22a-1f, inclusive, is exempt from the provisions of this section.
Sec. 58. Section 10-388 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Any person who knows or reasonably believes that any human burials or human skeletal remains are being or about to be disturbed, destroyed, defaced, removed or exposed shall immediately notify the Chief Medical Examiner and State Archaeologist of such fact. If human burials or human skeletal remains are encountered during construction or agricultural, archaeological or other activity that might alter, destroy or otherwise impair the integrity of such burials or remains, the activity shall cease and not resume unless authorized by the Chief Medical Examiner and the State Archaeologist provided such authorization shall be made within five days of completion of the investigation of the Chief Medical Examiner pursuant to subsection (b) of this section.
(b) After notification under subsection (a) of this section, the Chief Medical Examiner shall determine if the remains represent a human death required to be investigated under section 19a-406. After completion of his investigation, if the Chief Medical Examiner determines that the remains may be the remains of a Native American or were found in the subsurface and buried for more than fifty years, the Chief Medical Examiner shall notify the State Archaeologist of such fact. The State Archaeologist, upon such notification, shall in consultation with the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, the Native American Heritage Advisory Council, established under section 10-382, the Commissioner of Environmental Protection, and the landowner determine, within seventy-two hours, if the site where such remains were discovered can be preserved in situ and protected by a preservation restriction as defined in section 47-42a.
(c) If in situ preservation is not prudent and feasible or not agreed to by the landowner, the State Archaeologist, upon consultation with the landowner and, if appropriate, the Native American Heritage Advisory Council, the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, and the Commissioner of Environmental Protection shall, if feasible, provide for removal and reburial of the remains at another location or for additional archaeological investigations and scientific analysis prior to reburial. Any excavation and recovery of remains by the State Archaeologist shall be completed not more than five business days after notification by the Chief Medical Examiner under this section unless the landowner consents to additional days.
(d) Human skeletal remains discovered during archaeological investigation shall be excavated under the supervision of the State Archaeologist, pursuant to a written agreement between the State Archaeologist and the holder of the permit specifying the excavation, methods to be used and data to be collected. Due care shall be exercised during excavation, subsequent transport and storage of skeletal remains to insure that the sacred meanings of the remains for Native Americans are respected and protected.
(e) The provisions of this section shall not be construed to require the owner of private lands on which human skeletal remains are found to pay the costs of excavation, removal analysis or reburial of such remains.
Sec. 59. Subsection (a) of section 10-389 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Notwithstanding the provisions of sections 7-67 and 7-69, the State Archaeologist, in consultation with the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, the Native American Heritage Advisory Council established under section 10-382, the Commissioner of Environmental Protection and the archaeological community, shall adopt regulations in accordance with the provisions of chapter 54 establishing procedures for the storage, analysis and reburial of human skeletal remains discovered during an archaeological investigation.
Sec. 60. Section 10-391 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
On or before January 1, 1991, the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, in consultation with the State Archaeologist, the Native American Heritage Advisory Council established under section 10-382 and the Commissioner of Environmental Protection, shall develop procedures to inventory Native American burial sites and cemeteries. Such procedures shall provide for the availability of the inventory to state agencies, departments and institutions.
Sec. 61. Section 10-395 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
There is established an account within the General Fund to be known as the ["Connecticut Commission on Culture] "Culture and Tourism account". The account shall contain all moneys required by law to be deposited in the account, including moneys received pursuant to section 10-398.
Sec. 62. Section 10-425 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) [Not later than October 1, 2008, the executive director of the Connecticut Commission on Culture and Tourism] The Commissioner of the Department of Economic and Community Development shall establish a Sports Advisory Board within the [commission] department that shall advise the executive director on the most effective ways to utilize state resources to promote, attract and market in-state professional and amateur sports and sporting events. Such board shall also advise the [executive director] commissioner on ways to coordinate the use of state-owned facilities in order to enhance sports-related tourism in the state and develop methods for the dissemination of information concerning in-state professional and amateur sports and sporting events to residents of the state and the northeast.
(b) Such advisory board shall consist of one member from each of the following entities: (1) The University of Connecticut's Athletic Department; (2) the Connecticut State University System's Athletic Department; (3) the XL Center; (4) Northland AEG; (5) the Traveler's Championship Golf Tournament; (6) the Pilot Pen Tennis Tournament; (7) the Special Olympics; (8) the Mohegan Sun Arena; (9) Foxwoods Resort Casino; (10) Lime Rock Park Race Track; (11) the Arena at Harbor Yard; (12) New Britain Stadium; (13) the Connecticut Marine Trades Association; (14) the Office of Policy and Management; (15) the [Department of Economic and Community Development] Culture and Tourism Advisory Committee; (16) the Capital City Economic Development Authority; (17) the Nutmeg State Games; (18) the Connecticut Interscholastic Athletic Conference; (19) Fairfield University; (20) Quinnipiac University; (21) Sacred Heart University; (22) any other entity involved in sports or sporting events that the executive director deems appropriate; (23) the Connecticut State Golf Association; and (24) Dodd Stadium.
(c) The first meeting of the Sports Advisory Board shall convene not later than November 15, 2008, and the advisory board shall meet not less than once per calendar quarter thereafter. The advisory board shall provide any recommendations of the advisory board to the [executive director] commissioner not later than thirty days after any such meeting.
(d) The members of the advisory board may select a chairperson from among its membership who shall be responsible for the scheduling and conducting of any such meeting.
(e) The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development shall provide staff support to the board.
(f) Not later than thirty days prior to each regular session of the General Assembly, the [executive director of the Connecticut Commission on Culture and Tourism] Commissioner of Economic and Community Development shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to commerce that includes information on the status of the Sports Advisory Board's activities, the implementation of any recommendations of such advisory board and any legislative proposals related to such recommendations.
Sec. 63. Subsection (b) of section 10a-111a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) The State Historian shall: (1) Be a member of the [Connecticut Commission on Culture and Tourism, established pursuant to section 10-392] Culture and Tourism Advisory Board, established pursuant to section 10-393, as amended by this act, (2) edit or supervise the editing and publication of the public records of the state, (3) provide information and advice to members of the government at all levels, (4) assist the State Board of Education in efforts to promote the teaching of history in schools and teacher preparation programs, (5) respond to requests for advice from historical societies, (6) respond to requests for information on the state's history, (7) make public appearances and addresses on the state's history, (8) prepare bibliographies and other research aids relating to the history of the state, and (9) promote by appropriate informative and educational programs the celebration or commemoration of significant historical events.
Sec. 64. Subsection (b) of section 10a-112 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) The Board of Directors of the State Museum of Natural History shall appoint a State Archaeologist and staff for the Office of Archaeology established pursuant to section 10a-112a. The State Archaeologist shall have the following powers and duties: (1) To supervise the care and study of the archaeological collection of the State Museum of Natural History; (2) to coordinate (A) the archaeological salvage of properties threatened with destruction, (B) public and private archaeological research and the encouragement of the highest possible standards in archaeological investigations, and (C) the preservation of native American and other human osteological remains and cemeteries with the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, the Office of the Chief Medical Examiner, the Indian Affairs Council and other state agencies; (3) to conduct research on the state's prehistory and history and disseminate the results of such research through publications and other means; (4) to educate the public about the significance and fragility of archaeological resources; (5) to respond to inquiries about the state's archaeological resources; and (6) to maintain comprehensive site files and maps.
Sec. 65. Subsection (a) of section 10a-112b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The Board of Directors of the State Museum of Natural History shall consist of the following: The Commissioners of Education, Environmental Protection, Economic and Community Development and Agriculture or their designees [, the director of the Connecticut Commission on Culture and Tourism, or his designee] and not more than eleven members appointed by the president of The University of Connecticut, of which seven shall be professors, at least one from each of the following fields: Anthropology or archaeology, geology, vertebrate biology, invertebrate biology, botany, systematic biology and any other field the president deems appropriate. The terms of one-third of the initial appointments shall expire one year after the date of such appointment; the terms of one-third shall expire two years after the date of such appointment and the terms of one-third shall expire three years after the date of such appointment. The president shall appoint members to succeed members whose terms expire. Such members shall serve for a term of three years. Members shall be eligible for reappointment.
Sec. 66. Subsection (b) of section 10a-112g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) There is established an advisory committee to advise the president of The University of Connecticut with respect to the policies, collections, programs, activities and operations of the State Museum of Art. The advisory committee shall consist of eleven members as follows: The Commissioner of Education and the Commissioner of Higher Education, or their designees; two members of the [Connecticut Commission on Culture and Tourism] Culture and Tourism Advisory Committee appointed by said [commission] committee; and seven persons nominated by the president of The University of Connecticut and appointed by the Governor, one of whom shall be a member of the board of trustees of the university, one of whom shall be an alumnus of the university and five of whom shall be private citizens representing various geographic areas of the state and widely known for their knowledge, competence and experience in connection with the visual arts. The advisory committee shall elect a member who is a private citizen as its chairperson.
Sec. 67. Subsection (b) of section 11-6a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) There is established an advisory committee to advise the State Library Board with respect to the policies, collections, programs, activities and operations of the Raymond E. Baldwin Museum of Connecticut History and Heritage. The advisory committee shall consist of eight members as follows: The [executive director of the Connecticut Commission on Culture and Tourism] chairperson of the Culture and Tourism Advisory Committee; the executive director of the Connecticut Historical Society; the State Historian; and five persons appointed by the Governor, three of whom shall be experienced museum professionals.
Sec. 68. Section 12-376d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There shall be allowed a credit against any tax due under this chapter with respect to the estate of any decedent who produced a work of art, as defined in this section, which the beneficiaries and the fiduciary of such decedent's estate agree to transfer to the state of Connecticut if the state accepts such work, for use as an object of visual, artistic and educational display, in exchange for a credit against the succession tax applicable to the net taxable estate of such decedent. Such tax credit shall be in an amount equivalent to the fair market value of such work of art, as determined in accordance with subsection (c) of this section, provided (1) the advisory panel established under subsection (b) of this section, for purposes of certain determinations related to any such tax credit, certifies that, in the opinion of a majority of its members, such work of art should be appraised in accordance with subsection (c) of this section and subsequently certifies that, in the opinion of a majority of its members, such work of art should be accepted by the state in exchange for such tax credit as provided in this section and (2) the maximum total amount of all such tax credits which may be allowed in any single fiscal year, commencing July 1, 1987 and thereafter, whether there is one such credit in such year or more than one, shall be two hundred thousand dollars. If the fair market value of any such work of art so accepted by the state is less than the total amount of tax due with respect to the estate, tax credit shall be allowed in reduction of the amount of the total tax due. If such fair market value is in excess of the total tax due, and the fiduciary and beneficiaries of the estate approve the transfer of such work of art to the state for purposes of such tax credit, such fair market value shall be applied in payment of the entire amount of tax due and the excess of such fair market value over the amount of tax due shall, in effect, be a gift to the state. For purposes of this section a "work of art" means any work of visual art, including but not limited to, a drawing, painting, sculpture, mosaic, photograph, work of calligraphy or work of graphic art, and as the term "work of art" is used in this section it may include a single work of any such art or more than one item of such work.
(b) There shall be appointed, as part of the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, an advisory panel to consider the proposed acceptance of any such work of art. The advisory panel shall prepare a written statement as to acceptance or rejection of any such work of art for the purposes of this section. In each instance said panel shall consist of eleven members, including the [executive director of the Connecticut Commission on Culture and Tourism] chairperson of the Culture and Tourism Advisory Committee and two generally acknowledged experts as to the particular type of visual art work under consideration, as determined by said [executive director] chairperson, with such appointments to be made by said [executive director] chairperson and approved by the [Connecticut Commission on Culture and Tourism] Culture and Tourism Advisory Committee. In addition said advisory panel shall include eight members of the General Assembly, with two of such members appointed by the president pro tempore of the Senate, one of such members appointed by the majority leader of the Senate, one of such members appointed by the minority leader of the Senate, two of such members appointed by the speaker of the House of Representatives, one of such members appointed by the majority leader of the House of Representatives and one of such members appointed by the minority leader of the House of Representatives.
(c) The advisory panel appointed as provided in subsection (b) of this section shall contract with two professional appraisers possessing experience related to the type of appraisal necessary for purposes of the work of art proposed for acceptance. Each appraiser so employed shall conduct an independent appraisal of such work of art and submit findings as to the fair market value thereof to the advisory panel. Members of the advisory panel shall receive no compensation for their service as such but shall be reimbursed for their necessary expenses incurred in the performance of their duties.
(d) If the advisory panel approves the acceptance of a work of art for purposes of such tax credit, the [executive director of the Connecticut Commission on Culture and Tourism] Commissioner of Economic and Community Development shall submit notification in writing of such approval to the Commissioner of Revenue Services, including all relevant documentation concerning such approval and the amount of tax credit to be allowed. The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development is authorized by this section to accept such work of art on behalf of the state and make whatever arrangements may be necessary with other agencies of the state for the care and display of such work of art.
Sec. 69. Subsection (b) of section 13a-252 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) All expense of maintenance, repairs and operation of said ferries shall be paid by the Comptroller on vouchers of the commissioner. The commissioner shall include in his report to the General Assembly a report of the receipts and expenditures incidental to the control and maintenance of said ferries. Said Rocky Hill ferry shall be maintained as a state historic structure and shall be so marked with an appropriate plaque by the commissioner in cooperation with the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development.
Sec. 70. Section 19a-315b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
No grave marker within any cemetery or burial place shall be destroyed, injured or removed except in accordance with the provisions of either this section or section 19a-315c. Any such grave marker may be removed for the purpose of reproduction, preservation or display in an accredited museum upon (1) (A) the consent of the owner of the burial rights for the lot in which such grave marker is placed or the consent of a lineal descendant of the deceased, whose qualifications for giving such consent shall be determined by the burial ground authority, or (B) if such owner or qualified lineal descendant is unknown or does not respond within thirty days to a request for consent sent by registered or certified mail to such person's last known address, with the consent of the burial ground authority, and (2) the order of the probate court for the district in which such burial lot is located. Upon written application of such consenting owner, qualified lineal descendant or burial ground authority, the probate court may, after a hearing, with notice of such hearing having been given to the burial ground authority, the owner, the qualified lineal descendant, the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development and otherwise as the court deems appropriate, order the removal of such grave marker if it finds that such removal is necessary or desirable for the protection and preservation of such grave marker.
Sec. 71. Section 19a-315c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Notwithstanding the provisions of section 19a-315b, a burial ground authority shall have the right to properly maintain an ancient burial place, cemetery or burial place, which right shall include: (1) Repair, rehabilitation, repositioning or resetting of grave markers in accordance with the rules and regulations of the burial ground authority; and (2) the renovation of the ancient burial place, cemetery or burial place as a whole.
(b) For purposes of subsection (a), no renovation of an ancient burial place, cemetery or burial place as a whole may be commenced until after: (1) The burial ground authority has conspicuously posted within the ancient burial place, cemetery or burial place, for a period of not less than ninety days, a notice that such renovation shall take place; and (2) the burial ground authority, at least ninety days before commencing a renovation, has provided written notice to the probate court having jurisdiction over the location of the burial place and to the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development. Such notice to the probate court shall describe the renovation plans and include photographs of any area or grave marker involved.
(c) Following the notice period provided for in subsection (b) of this section, and subject to the provisions of subsection (d) of this section, a burial ground authority may renovate an ancient burial place, cemetery or burial place by: (1) The removal of any or all fencing, railing or curbing, if such removal is determined by the burial ground authority to be necessary or desirable for the proper and efficient maintenance of the ancient burial place, cemetery or burial place as a whole; and (2) the repositioning or resetting of any monument or tombstone.
(d) At any time prior to the expiration of the notice period provided for in subsection (b) of this section, the probate court may assume jurisdiction over such renovation and order a hearing, with notice of such hearing to be given to the burial ground authority, the owner, the qualified lineal descendant, the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development and otherwise as the court deems appropriate, to determine whether such renovation is necessary for the proper and efficient maintenance of the ancient burial place, cemetery or burial place as a whole. Upon notice of such hearing, the burial ground authority shall not proceed with such renovation except in accordance with the order of the probate court.
Sec. 72. Subsection (a) of section 22a-1d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Environmental impact evaluations and a summary thereof, including any negative findings shall be submitted for comment and review to the Council on Environmental Quality, the Department of Environmental Protection, [the Connecticut Commission on Culture and Tourism,] the Office of Policy and Management, the Department of Economic and Community Development in the case of a proposed action that affects existing housing, and other appropriate agencies, and to the town clerk of each municipality affected thereby, and shall be made available to the public for inspection and comment at the same time. The sponsoring agency shall publish forthwith a notice of the availability of its environmental impact evaluation and summary in a newspaper of general circulation in the municipality at least once a week for three consecutive weeks and in the Environmental Monitor. The sponsoring agency preparing an environmental impact evaluation shall hold a public hearing on the evaluation if twenty-five persons or an association having not less than twenty-five persons requests such a hearing within ten days of the publication of the notice in the Environmental Monitor.
Sec. 73. Section 22a-19b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The provisions of section 22a-19a shall not apply to any property or structure, or any portion thereof, that was first listed on the state register of historic places during the month of March, 2001, if (1) the owner of such property or structure delivers or has delivered to the [director of the Connecticut Commission on Culture and Tourism] Commissioner of Economic and Community Development and to the State Historic Preservation Officer a written and notarized objection to the listing of such property or structure on the National Register of Historic Places that certifies the person's ownership of such property or structure, and (2) such objection has not been withdrawn or rescinded by the owner's written and notarized notice of withdrawal or rescission of objection.
Sec. 74. Section 22a-27s of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is established the Face of Connecticut Steering Committee, which shall be within the Department of Environmental Protection for administrative purposes only. Such committee shall direct the expenditure of any funds deposited in the Face of Connecticut account created under section 22a-27t. The committee shall consist of the Commissioner of Environmental Protection, the Commissioner of Economic and Community Development, or the commissioner's designee, the Commissioner of Agriculture, the [executive director of the Connecticut Commission on Culture and Tourism] chairperson of the Culture and Tourism Advisory Committee, the Secretary of the Office of Policy and Management and ten members as follows: (1) A representative of a local organization involved in historic preservation, appointed by the speaker of the House of Representatives; (2) a representative of a nonprofit organization involved in farmland preservation, appointed by the president pro tempore of the Senate; (3) a representative of a local or regional nonprofit organization involved in the preservation of open space, appointed by the majority leader of the House of Representatives; (4) a representative of a water company actively involved in land preservation, appointed by the majority leader of the Senate; (5) a representative of the agricultural industry, appointed by the minority leader of the House of Representatives; (6) a representative of a state-wide nonprofit involved in the preservation of open space, appointed by the minority leader of the Senate; (7) a representative of a state-wide nonprofit organization involved in historic preservation, appointed by the Governor; (8) a representative of an organization involved with community redevelopment, appointed by the Governor; (9) a representative of the legislative Brownfields Task Force, appointed by the speaker of the House of Representatives; and (10) a representative of the environmental law section of the Connecticut Bar Association who is involved with brownfields remediation, appointed by the president pro tempore of the Senate.
(b) All initial appointments to the committee shall be made not later than September 1, 2008. The term of each appointed member of the steering committee shall be coterminous with the term of the appointing authority or until a successor is chosen, whichever is later. The Commissioner of Environmental Protection shall serve as the chairperson of the committee for the two years following the appointment of the committee, followed first by the Commissioner of Agriculture for two years and subsequently by the [executive director of the Connecticut Commission on Culture and Tourism] chairperson of the Culture and Tourism Advisory Committee for two years and subsequently by the Commissioner of Economic and Community Development or said commissioner's designee for two years. Such rotation shall repeat every two years thereafter in the order specified in this subsection, except that if there is a vacancy in one of said positions, one of the other commissioners or the executive director may serve as chairperson until the vacancy is filled.
(c) The committee shall meet quarterly.
Sec. 75. Subsection (c) of section 25-102qq of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(c) If the commissioner undertakes to establish such a program, he shall establish a River Protection Advisory Committee to assist him in developing the river protection program. The committee shall consist of the following members whose terms shall expire on October 1, 1992: (1) The Commissioners of Public Health, Transportation, Economic and Community Development and Agriculture, the Secretary of the Office of Policy and Management [, the director of the Connecticut Commission on Culture and Tourism,] and the State Archaeologist, or their designees; and (2) two members representing the business community, two members representing public service companies, seven members representing environmental and recreational organizations, four members representing river protection organizations, one member representing municipalities with a river or river segment within their borders, two members representing regional planning agencies, three members representing related professional practices and one member representing the public, which members shall be appointed by the commissioner. On and after October 1, 1992, the committee's membership shall consist of: (1) The Commissioners of Public Health, Transportation, Economic and Community Development and Agriculture, the Secretary of the Office of Policy and Management, the [director of the Connecticut Commission on Culture and Tourism] chairperson of the Culture and Tourism Advisory Committee, and the State Archaeologist, or their designees; and (2) one member representing the business community, and one member representing a related professional practice appointed by the Governor; one member representing an environmental or recreational organization, one member representing a river protection organization and one member representing a related professional practice appointed by the president pro tempore of the Senate; one member representing an environmental or recreational organization, one member representing a river protection organization and one member representing a related professional practice appointed by the speaker of the House of Representatives; one member representing an environmental or recreational organization, one member representing a municipality with a river or river segment within its borders and one member representing the business community appointed by the majority leader of the Senate; two members representing an environmental or recreational organization, one member representing a river protection organization and one member representing a public service company appointed by the minority leader of the Senate; one member representing an environmental or recreational organization, one member representing a public service company and one member representing a regional planning agency appointed by the majority leader of the House of Representatives; one member representing an environmental or recreational organization, one member representing a river protection organization, one member of the public and one member representing a regional planning agency appointed by the minority leader of the House of Representatives.
Sec. 76. Subsection (b) of section 25-109q of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) The council shall consist of: A representative of the office of the Governor; the Commissioner of Environmental Protection, or his designee; the Commissioner of Economic and Community Development, or his or her designee; the chairperson of the [Connecticut Commission on Culture and Tourism] Culture and Tourism Advisory Committee, or his or her designee; the chairperson of the Northeastern Connecticut Council of Governments, or his or her designee; the chairperson of the Southeastern Connecticut Council of Governments, or his or her designee; and the chairperson of the Windham Regional Planning Agency, or his or her designee. The council shall further consist of the following members appointed by the Governor: Three chief elected officials from towns listed in section 104 of said act; two persons from any such town who represent economic development or business interests; two persons from any such town who represent tourism districts within the corridor; two persons from any such town who represent land conservation or outdoor recreation interests; two persons from any such town who represent historic preservation or cultural history interests; and one person engaged in agriculture in any such town. Vacancies on the advisory council shall be filled in the same manner as original appointments.
Sec. 77. Subsection (b) of section 29-259 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) Any person, agent of the state, municipality or any other political subdivision of the state may apply to the State Building Inspector and the Codes and Standards Committee to modify or set aside standards for historic buildings incorporated in the State Building Code. The State Building Inspector shall, within seven days of receipt of any such application, forward a copy of such application to the director of the Office of Protection and Advocacy for Persons with Disabilities and to the [director of the Connecticut Commission on Culture and Tourism] Commissioner of Economic and Community Development. Each of said directors shall, within thirty days of receipt, review such application and make such written recommendations as he deems appropriate to the State Building Inspector and the Codes and Standards Committee concerning the disposition of such application. The recommendations of such directors shall be part of the records and documents of the State Building Inspector concerning such application. The State Building Inspector and the Codes and Standards Committee shall consider such written recommendations when acting upon such application and may set aside or modify an individual standard or specification when they jointly determine that it would not be feasible or would unreasonably complicate the construction, alteration or repair in question and where alternative methods and materials have been proposed to maintain certain features. Such determination shall be in writing, shall state the reasons therefor and if it sets aside any such standard of specification, a copy of such determination shall be sent to each of said directors.
Sec. 78. Subsection (a) of section 32-1o of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) On or before July 1, 2009, and every five years thereafter, the Commissioner of Economic and Community Development, within available appropriations, shall prepare an economic strategic plan for the state in consultation with the Secretary of the Office of Policy and Management, the Commissioners of Environmental Protection and Transportation, the Labor Commissioner, the executive directors of the Connecticut Housing Finance Authority, the Connecticut Development Authority, Connecticut Innovations, Incorporated [, the Commission on Culture and Tourism] and the Connecticut Health and Educational Facilities Authority, the chairperson of the Culture and Tourism Advisory Committee and the president of the Office of Workforce Competitiveness, or their respective designees, and any other agencies the Commissioner of Economic and Community Development deems appropriate.
Sec. 79. Subsection (a) of section 32-6a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) For the purposes of encouraging quality tourism and contributing to an overall historic preservation program there is established a Committee for the Restoration of Historic Assets in Connecticut which shall consist of the Commissioner of Economic and Community Development, the chairman of the Governor's Vacation Council, the [chairman of the Connecticut Commission on Culture and Tourism] chairperson of the Culture and Tourism Advisory Committee and two public members appointed by the Governor on or before December 1, 1977, for a term to expire on February 1, 1979. Thereafter terms of members appointed to succeed those whose terms expire shall be for two years and until successors are appointed. The Commissioner of Economic and Community Development may provide grants or loans as approved by the committee for projects of historic preservation and restoration from the Restoration of Historic Assets in Connecticut Fund established with the proceeds of the bonds issued pursuant to subdivision (2) of subsection (g) of section 2 of special act 77-47. For the purposes of this section, "historical asset" means any building, structure, object or site that is significant in American history, architecture, archaeology or culture or property used in connection therewith. Such grants and loans may be used, in part, for the installation or restoration of supportive improvements. Supportive improvements may include, but shall not be limited to, parking lots, office space, sanitary facilities, utilities necessary to make a building functional, information booths, provisions for the handicapped, improvements necessary to bring such asset into conformance with local ordinances, or any other improvements necessary to return the property to a state of utility provided that any such supportive improvement shall not alter, destroy or detract from the distinctive historical, aesthetic, archaeological, architectural, cultural or stylistic qualities or characteristics of the historic asset or its environment. The Commissioner of Economic and Community Development with the advice and consent of the committee shall promulgate such regulations as may be necessary to carry out the provisions of this section.
Sec. 80. (NEW) (Effective July 1, 2011) (a) The Commissioner of Economic and Community Development shall establish, within available appropriations, job training programs. Such job training programs may include programs designed to:
(1) Increase the basic skills of employees;
(2) Assist individuals in overcoming barriers to employment;
(3) Sustain high-growth occupations and economically-vital industries; and
(4) To meet the needs of employers in the state.
(b) The Department of Economic and Community Development may enter into an agreement, pursuant to chapter 55a of the general statutes, with a person, firm, corporation or other entity to operate the job training programs developed pursuant to subsection (a) of this section.
(c) The commissioner shall prescribe the manner in which an entity shall submit an application for a grant awarded as part of the job training programs developed pursuant to this section, provided such application procedure includes (1) a request for proposal, or (2) a competitive award process.
Sec. 81. Section 10-398 of the general statutes is repealed. (Effective July 1, 2011)
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2011 |
New section |
Sec. 2 |
July 1, 2011 |
New section |
Sec. 3 |
July 1, 2011 |
4-124w |
Sec. 4 |
July 1, 2011 |
4-124uu |
Sec. 5 |
July 1, 2011 |
10-392 |
Sec. 6 |
July 1, 2011 |
10-393 |
Sec. 7 |
July 1, 2011 |
10-394 |
Sec. 8 |
July 1, 2011 |
10-396 |
Sec. 9 |
July 1, 2011 |
10-397 |
Sec. 10 |
July 1, 2011 |
10-397a |
Sec. 11 |
July 1, 2011 |
10-399 |
Sec. 12 |
July 1, 2011 |
10-400 |
Sec. 13 |
July 1, 2011 |
10-401 |
Sec. 14 |
July 1, 2011 |
10-402 |
Sec. 15 |
July 1, 2011 |
10-403 |
Sec. 16 |
July 1, 2011 |
10-404 |
Sec. 17 |
July 1, 2011 |
10-405 |
Sec. 18 |
July 1, 2011 |
10-406 |
Sec. 19 |
July 1, 2011 |
10-408 |
Sec. 20 |
July 1, 2011 |
10-409 |
Sec. 21 |
July 1, 2011 |
10-410 |
Sec. 22 |
July 1, 2011 |
10-411 |
Sec. 23 |
July 1, 2011 |
10-412 |
Sec. 24 |
July 1, 2011 |
10-413 |
Sec. 25 |
July 1, 2011 |
10-414 |
Sec. 26 |
July 1, 2011 |
10-415 |
Sec. 27 |
July 1, 2011 |
10-416 |
Sec. 28 |
July 1, 2011 |
10-416a |
Sec. 29 |
July 1, 2011 |
10-416b |
Sec. 30 |
July 1, 2011 |
32-11a(c) |
Sec. 31 |
July 1, 2011 |
32-35(c) |
Sec. 32 |
July 1, 2011 |
31-11dd(b) |
Sec. 33 |
July 1, 2011 |
7-147b(h) |
Sec. 34 |
July 1, 2011 |
8-37lll(b) |
Sec. 35 |
July 1, 2011 |
3-110f |
Sec. 36 |
July 1, 2011 |
3-110h |
Sec. 37 |
July 1, 2011 |
3-110i |
Sec. 38 |
July 1, 2011 |
4-5 |
Sec. 39 |
July 1, 2011 |
4-9a(c) |
Sec. 40 |
July 1, 2011 |
4-66aa |
Sec. 41 |
July 1, 2011 |
4-89(e) |
Sec. 42 |
July 1, 2011 |
4b-53 |
Sec. 43 |
July 1, 2011 |
4b-60(a) |
Sec. 44 |
July 1, 2011 |
4b-64 |
Sec. 45 |
July 1, 2011 |
4b-66a(a) |
Sec. 46 |
July 1, 2011 |
5-198(cc) |
Sec. 47 |
July 1, 2011 |
7-147a(b) |
Sec. 48 |
July 1, 2011 |
7-147c(g) |
Sec. 49 |
July 1, 2011 |
7-147j(b) |
Sec. 50 |
July 1, 2011 |
7-147p(b) |
Sec. 51 |
July 1, 2011 |
7-147q(c) |
Sec. 52 |
July 1, 2011 |
7-147y(b) |
Sec. 53 |
July 1, 2011 |
10-382 |
Sec. 54 |
July 1, 2011 |
10-384 |
Sec. 55 |
July 1, 2011 |
10-385(a) |
Sec. 56 |
July 1, 2011 |
10-386(a) |
Sec. 57 |
July 1, 2011 |
10-387 |
Sec. 58 |
July 1, 2011 |
10-388 |
Sec. 59 |
July 1, 2011 |
10-389(a) |
Sec. 60 |
July 1, 2011 |
10-391 |
Sec. 61 |
July 1, 2011 |
10-395 |
Sec. 62 |
July 1, 2011 |
10-425 |
Sec. 63 |
July 1, 2011 |
10a-111a(b) |
Sec. 64 |
July 1, 2011 |
10a-112(b) |
Sec. 65 |
July 1, 2011 |
10a-112b(a) |
Sec. 66 |
July 1, 2011 |
10a-112g(b) |
Sec. 67 |
July 1, 2011 |
11-6a(b) |
Sec. 68 |
July 1, 2011 |
12-376d |
Sec. 69 |
July 1, 2011 |
13a-252(b) |
Sec. 70 |
July 1, 2011 |
19a-315b |
Sec. 71 |
July 1, 2011 |
19a-315c |
Sec. 72 |
July 1, 2011 |
22a-1d(a) |
Sec. 73 |
July 1, 2011 |
22a-19b |
Sec. 74 |
July 1, 2011 |
22a-27s |
Sec. 75 |
July 1, 2011 |
25-102qq(c) |
Sec. 76 |
July 1, 2011 |
25-109q(b) |
Sec. 77 |
July 1, 2011 |
29-259(b) |
Sec. 78 |
July 1, 2011 |
32-1o(a) |
Sec. 79 |
July 1, 2011 |
32-6a(a) |
Sec. 80 |
July 1, 2011 |
New section |
Sec. 81 |
July 1, 2011 |
Repealer section |
Statement of Purpose:
To implement the Governor's budget recommendations.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]