General Assembly |
Governor's Bill No. 6354 | ||
January Session, 2013 |
LCO No. 3063 | ||
*03063__________* | |||
Referred to Committee on APPROPRIATIONS |
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Introduced by: |
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REP. SHARKEY, 88th Dist. REP. ARESIMOWICZ, 30th Dist. SEN. WILLIAMS, 29th Dist. SEN. LOONEY, 11th Dist. |
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AN ACT IMPLEMENTING THE GOVERNOR'S BUDGET RECOMMENDATIONS CONCERNING GENERAL GOVERNMENT.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 38a-1080 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
For purposes of sections 38a-1080 to 38a-1090, inclusive, as amended by this act, and section 9 of this act:
(1) "Board" means the board of directors of the Connecticut Health Insurance Exchange;
(2) "Commissioner" means the Insurance Commissioner;
(3) "Exchange" means the Connecticut Health Insurance Exchange established pursuant to section 38a-1081, as amended by this act;
(4) "Affordable Care Act" means the Patient Protection and Affordable Care Act, P.L. 111-148, as amended by the Health Care and Education Reconciliation Act, P.L. 111-152, as both may be amended from time to time, and regulations adopted thereunder;
(5) (A) "Health benefit plan" means an insurance policy or contract offered, delivered, issued for delivery, renewed, amended or continued in the state by a health carrier to provide, deliver, pay for or reimburse any of the costs of health care services.
(B) "Health benefit plan" does not include:
(i) Coverage of the type specified in subdivisions (5), (6), (7), (8), (9), (14), (15) and (16) of section 38a-469 or any combination thereof;
(ii) Coverage issued as a supplement to liability insurance;
(iii) Liability insurance, including general liability insurance and automobile liability insurance;
(iv) Workers' compensation insurance;
(v) Automobile medical payment insurance;
(vi) Credit insurance;
(vii) Coverage for on-site medical clinics; or
(viii) Other similar insurance coverage specified in regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time, under which benefits for health care services are secondary or incidental to other insurance benefits.
(C) "Health benefit plan" does not include the following benefits if they are provided under a separate insurance policy, certificate or contract or are otherwise not an integral part of the plan:
(i) Limited scope dental or vision benefits;
(ii) Benefits for long-term care, nursing home care, home health care, community-based care or any combination thereof; or
(iii) Other similar, limited benefits specified in regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time;
(iv) Other supplemental coverage, similar to coverage of the type specified in subdivisions (9) and (14) of section 38a-469, provided under a group health plan.
(D) "Health benefit plan" does not include coverage of the type specified in subdivisions (3) and (13) of section 38a-469 or other fixed indemnity insurance if (i) such coverage is provided under a separate insurance policy, certificate or contract, (ii) there is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor, and (iii) the benefits are paid with respect to an event without regard to whether benefits were also provided under any group health plan maintained by the same plan sponsor;
(6) "Health care services" has the same meaning as provided in section 38a-478;
(7) "Health carrier" means an insurance company, fraternal benefit society, hospital service corporation, medical service corporation health care center or other entity subject to the insurance laws and regulations of the state or the jurisdiction of the commissioner that contracts or offers to contract to provide, deliver, pay for or reimburse any of the costs of health care services;
(8) "Internal Revenue Code" means the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time;
(9) "Person" has the same meaning as provided in section 38a-1;
(10) "Qualified dental plan" means a limited scope dental plan that has been certified in accordance with subsection (e) of section 38a-1086;
(11) "Qualified employer" has the same meaning as provided in Section 1312 of the Affordable Care Act;
(12) "Qualified health plan" means a health benefit plan that has in effect a certification that the plan meets the criteria for certification described in Section 1311(c) of the Affordable Care Act and section 38a-1086;
(13) "Qualified individual" has the same meaning as provided in Section 1312 of the Affordable Care Act;
(14) "Secretary" means the Secretary of the United States Department of Health and Human Services;
(15) "Small employer" has the same meaning as provided in section 38a-564.
Sec. 2. Section 38a-1081 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) There is hereby created as a body politic and corporate, constituting a public instrumentality and political subdivision of the state created for the performance of an essential public and governmental function, to be known as the Connecticut Health Insurance Exchange. The Connecticut Health Insurance Exchange shall not be construed to be a department, institution or agency of the state. The exchange shall serve both qualified individuals and qualified employers.
(b) (1) (A) The powers of the exchange shall be vested in and exercised by a board of directors, which, until the effective date of this section, shall consist of twelve voting members. The appointment of the initial board members shall be as follows:
[(A)] (i) The Governor shall appoint two board members, one of whom shall have expertise in the area of individual health insurance coverage and shall serve for a term of three years and one of whom shall have expertise in issues relating to small employer health insurance coverage and shall serve for a term of two years;
[(B)] (ii) The president pro tempore of the Senate shall appoint one board member who shall have expertise in the area of health care finance and shall serve for a term of four years;
[(C)] (iii) The speaker of the House of Representatives shall appoint one board member who shall have expertise in the area of health care benefits plan administration and shall serve for a term of four years;
[(D)] (iv) The majority leader of the Senate shall appoint one board member who shall have expertise in the health care delivery systems and shall serve for a term of two years;
[(E)] (v) The majority leader of the House of Representatives shall appoint one board member who shall have expertise in the area of health care economics and shall serve for a term of two years;
[(F)] (vi) The minority leader of the Senate shall appoint one board member who shall have expertise in health care access issues faced by self-employed individuals and shall serve for a term of three years;
[(G)] (vii) The minority leader of the House of Representatives shall appoint one board member who shall have expertise concerning barriers to individual health care coverage and shall serve for a term of two years;
[(H)] (viii) The Commissioner of Social Services, the Special Advisor to the Governor on Healthcare Reform, the Secretary of the Office of Policy and Management and the Healthcare Advocate, or their designees, who shall serve as ex-officio voting board members; and
[(I)] (ix) The Insurance Commissioner and the [Commissioner] Commissioners of Public Health and Mental Health and Addiction Services, or their designees, who shall serve as ex-officio nonvoting board members.
(B) On and after the effective date of this section, the board of directors shall consist of eleven voting members as follows: (i) The board members appointed pursuant to subparagraphs (A)(i) to (A)(vii), inclusive, of this subdivision, and (ii) the Commissioner of Social Services, the Secretary of the Office of Policy and Management and the Healthcare Advocate, or their designees, who shall serve as ex-officio voting board members. The provisions of this subparagraph shall not affect the terms of the board members set forth in subparagraphs (A)(i) to (A)(vii), inclusive, of this subdivision.
(2) (A) No board member shall be employed by, a consultant to, a member of the board of directors of, affiliated with or otherwise a representative of (i) an insurer, (ii) an insurance producer or broker, (iii) a health care provider, or (iv) a health care facility or health or medical clinic while serving on the board of the exchange. For purposes of this subdivision, "health care provider" means any person that is licensed in this state, or operates or owns a facility or institution in this state, to provide health care or health care professional services in this state, or an officer, employee or agent thereof acting in the course and scope of such officer's, employee's or agent's employment.
(B) No board member shall be a member of, a member of the board of, a consultant to or an employee of a trade association of (i) insurers, (ii) insurance producers or brokers, (iii) health care providers, or (iv) health care facilities or health or medical clinics while serving on the board of the exchange.
(C) No board member shall be a health care provider unless such member receives no compensation for rendering services as a health care provider and does not have an ownership interest in a professional health care practice.
(c) (1) All initial appointments shall be made not later than July 1, 2011. Following the expiration of such initial terms, subsequent board member terms shall be for four years. Any vacancy shall be filled by the appointing authority for the balance of the unexpired term. If an appointing authority fails to make an initial appointment, or an appointment to fill a vacancy within ninety days of the date of such vacancy, the appointed board members may make such appointment by a majority vote. Any board member previously appointed to the board or appointed to fill a vacancy may be reappointed in accordance with this section. Any board member may be removed for misfeasance, malfeasance or wilful neglect of duty at the sole direction of the appointing authority.
(2) As a condition of qualifying as a member of the board of directors, each appointee shall, before entering upon such member's duties, take and subscribe the oath or affirmation required under section 1 of article eleventh of the Constitution of the state. A record of each such oath shall be filed in the office of the Secretary of the State.
(3) Appointed board members may not designate a representative to perform in their absence their respective duties under sections 38a-1080 to 38a-1090, inclusive, as amended by this act, and section 9 of this act. The Governor shall select a chairperson from among the board members and the board members shall annually elect a vice-chairperson. [The chairperson shall schedule the first meeting of the board, which shall be held not later than August 1, 2011.] Meetings of the board of directors 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. Any board member who fails to attend more than fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from the board.
(4) [Seven] Six board members shall constitute a quorum for the transaction of any business or the exercise of any power of the exchange. For the transaction of any business or the exercise of any power of the exchange, the exchange may act by a majority of the board members present at any meeting at which a quorum is in attendance. No vacancy in the membership of the board of directors shall impair the right of such board members to exercise all the rights and perform all the duties of the board. Except as otherwise provided, any action taken by the board under the provisions of sections 38a-1080 to 38a-1090, inclusive, as amended by this act, and section 9 of this act may be authorized by resolution approved by a majority of the board members present at any regular or special meeting, which resolution shall take effect immediately unless otherwise provided in the resolution.
(5) Board members shall receive no compensation for their services but shall receive actual and necessary expenses incurred in the performance of their official duties.
(6) Subject to the provisions of subdivision (2) of subsection (b) of this section, board members may engage in private employment or in a profession or business, subject to any applicable laws, rules and regulations of the state or federal government regarding official ethics or conflicts of interest.
(7) Notwithstanding any provision of the general statutes, it shall not constitute a conflict of interest for a trustee, director, partner or officer of any person, firm or corporation, or any individual having a financial interest in a person, firm or corporation, to serve as a board member of the exchange, provided such trustee, director, partner, officer or individual shall abstain from deliberation, action or vote by the exchange in specific request to such person, firm or corporation.
(8) Each board member shall execute a surety bond in the penal sum of fifty thousand dollars, or, in lieu thereof, the chairperson of the board shall execute a blanket position bond covering each board member, the chief executive officer and the employees of the exchange, each surety bond to be conditioned upon the faithful performance of the duties of the office or offices covered, to be executed by a surety company authorized to transact business in this state as surety and to be approved by the Attorney General and filed in the office of the Secretary of the State. The cost of each such bond shall be paid by the exchange.
(9) No board member of the exchange shall, for one year after the end of such member's service on the board, accept employment with any health carrier that offers a qualified health benefit plan through the exchange.
(d) (1) With respect to the initial appointment of a chief executive officer of the exchange, the board of directors shall nominate three candidates to the Governor, who shall make a selection from such nominations. After such initial appointment, the board shall select and appoint subsequent chief executive officers.
(2) The chief executive officer shall be responsible for administering the exchange's programs and activities in accordance with the policies and objectives established by the board. The chief executive officer (A) may employ such other employees as shall be designated by the board of directors, and (B) shall attend all meetings of the board, keep a record of all proceedings and maintain and be custodian of all records, books, documents and papers filed with or compiled by the exchange.
(e) (1) (A) No employee of the exchange shall be employed by, a consultant to, a member of the board of directors of, affiliated with or otherwise a representative of (i) an insurer, (ii) an insurance producer or broker, (iii) a health care provider, or (iv) a health care facility or health or medical clinic while serving on the staff of the exchange. For purposes of this subdivision, "health care provider" means any person that is licensed in this state, or operates or owns a facility or institution in this state, to provide health care or health care professional services in this state, or an officer, employee or agent thereof acting in the course and scope of such officer's, employee's or agent's employment.
(B) No employee of the exchange shall be a member of, a member of the board of, a consultant to or an employee of a trade association of (i) insurers, (ii) insurance producers or brokers, (iii) health care providers, or (iv) health care facilities or health or medical clinics while serving on the staff of the exchange.
(C) No employee of the exchange shall be a health care provider unless (i) (I) such employee receives no compensation for rendering services as a health care provider, or (II) the chief executive officer approves the hiring of such provider as an employee on the basis that such provider fills an area of need of expertise for the exchange, and (ii) such employee does not have an ownership interest in a professional health care practice.
(2) No employee of the exchange shall, for one year after terminating employment with the exchange, accept employment with any health carrier that offers a qualified health benefit plan through the exchange.
(3) Any employee of the exchange whose primary purpose is to assist individuals or small employers in selecting health insurance plans offered on the exchange to purchase shall be licensed as an insurance producer under chapter 701a not later than eighteen months after such employee begins employment with the exchange.
(4) Any employee of the exchange may enroll in a group hospitalization and medical and surgical insurance plan under subsection (a) of section 5-259, provided the exchange reimburses the appropriate state agencies for all costs incurred by such enrollment.
(f) The board may consult with such parties, public or private, as it deems desirable or necessary in exercising its duties under sections 38a-1080 to 38a-1090, inclusive, as amended by this act, and section 9 of this act.
(g) The board may create such advisory committees as it deems necessary to provide input on issues that may include, but are not limited to, customer service needs and insurance producer concerns.
Sec. 3. Subsection (a) of section 38a-1082 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The board of directors of the exchange shall adopt written procedures, in accordance with the provisions of section 1-121, for: (1) Adopting an annual budget and plan of operations, including a requirement of board approval before the budget or plan may take effect; (2) hiring, dismissing, promoting and compensating employees of the exchange, including an affirmative action policy and a requirement of board approval before a position may be created or a vacancy filled; (3) acquiring real and personal property and personal services, including a requirement of board approval for any nonbudgeted expenditure in excess of five thousand dollars; (4) contracting for financial, legal, bond underwriting and other professional services, including a requirement that the exchange solicit proposals at least once every three years for each such service [which] that it uses; (5) issuing and retiring bonds, bond anticipation notes and other obligations of the authority; (6) establishing requirements for certification of qualified health plans that include, but are not limited to, minimum standards for marketing practices, network adequacy, essential community providers in underserved areas, accreditation, quality improvement, uniform enrollment forms and descriptions of coverage, and quality measures for health benefit plan performance; [and] (7) implementing the provisions of sections 38a-1080 to 38a-1090, inclusive, as amended by this act, or other provisions of the general statutes. Any such written procedures adopted pursuant to this subdivision [(7) of this subsection] shall not conflict with or prevent the application of regulations promulgated by the Secretary under the Affordable Care Act; (8) implementing and administering the all-payer claims database program established pursuant to section 9 of this act. Any such written procedures adopted pursuant to this subdivision shall include reporting requirements for reporting entities, as defined in section 9 of this act; and (9) providing notice to a reporting entity, as defined in section 9 of this act, of, and the rules of practice for a hearing process for, such reporting entity's alleged failure to comply with reporting requirements.
Sec. 4. Section 38a-1083 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) For purposes of sections 38a-1080 to 38a-1090, inclusive, as amended by this act, and section 9 of this act, "purposes of the exchange" means the purposes of the exchange expressed in and pursuant to this section, which are hereby determined to be public purposes for which public funds may be expended. The powers enumerated in this section shall be interpreted broadly to effectuate the purposes of the exchange and shall not be construed as a limitation of powers.
(b) The goals of the exchange shall be to reduce the number of individuals without health insurance in this state and assist individuals and small employers in the procurement of health insurance by, among other services, offering easily comparable and understandable information about health insurance options.
(c) The exchange is authorized and empowered to:
(1) Have perpetual successions as a body politic and corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business;
(2) Adopt an official seal and alter the same at pleasure;
(3) Maintain an office in the state at such place or places as it may designate;
(4) Employ such assistants, agents, managers and other employees as may be necessary or desirable;
(5) Acquire, lease, purchase, own, manage, hold and dispose of real and personal property, and lease, convey or deal in or enter into agreements with respect to such property on any terms necessary or incidental to the carrying out of these purposes, provided all such acquisitions of real property for the exchange's own use with amounts appropriated by this state to the exchange or with the proceeds of bonds supported by the full faith and credit of this state shall be subject to the approval of the Secretary of the Office of Policy and Management and the provisions of section 4b-23, as amended by this act;
(6) Receive and accept, from any source, aid or contributions, including money, property, labor and other things of value;
(7) Charge assessments or user fees to health carriers that are capable of offering a qualified health plan through the exchange or otherwise generate funding necessary to support the operations of the exchange;
(8) Procure insurance against loss in connection with its property and other assets in such amounts and from such insurers as it deems desirable;
(9) Invest any funds not needed for immediate use or disbursement in obligations issued or guaranteed by the United States of America or the state and in obligations that are legal investments for savings banks in the state;
(10) Issue bonds, bond anticipation notes and other obligations of the exchange for any of its corporate purposes, and to fund or refund the same and provide for the rights of the holders thereof, and to secure the same by pledge of revenues, notes and mortgages of others;
(11) Borrow money for the purpose of obtaining working capital;
(12) Account for and audit funds of the exchange and any recipients of funds from the exchange;
(13) Make and enter into any contract or agreement necessary or incidental to the performance of its duties and execution of its powers. The contracts entered into by the exchange shall not be subject to the approval of any other state department, office or agency, provided copies of all contracts of the exchange shall be maintained by the exchange as public records, subject to the proprietary rights of any party to the contract;
(14) To the extent permitted under its contract with other persons, consent to any termination, modification, forgiveness or other change of any term of any contractual right, payment, royalty, contract or agreement of any kind to which the exchange is a party;
(15) Award grants to [Navigators as described in subdivision (19) of section 38a-1084 and in accordance with section 38a-1087] trained and certified individuals and institutions that will assist individuals, families and small employers and their employees to enroll in appropriate coverage through the exchange. Applications for grants from the exchange shall be made on a form prescribed by the board;
(16) Limit the number of plans offered, and use selective criteria in determining which plans to offer, through the exchange, provided individuals and employers have an adequate number and selection of choices;
(17) Evaluate jointly with the SustiNet Health Care Cabinet the feasibility of implementing a basic health program option as set forth in Section 1331 of the Affordable Care Act;
(18) Sue and be sued, plead and be impleaded;
(19) Adopt regular procedures that are not in conflict with other provisions of the general statutes, for exercising the power of the exchange; [and]
(20) Do all acts and things necessary and convenient to carry out the purposes of the exchange, provided such acts or things shall not conflict with the provisions of the Affordable Care Act, regulations adopted thereunder or federal guidance issued pursuant to the Affordable Care Act; and
(21) In accordance with the provisions of section 9 of this act, impose a civil penalty on a reporting entity that fails to comply with reporting requirements for the all-payer claims database program established under section 9 of this act.
Sec. 5. Section 38a-1084 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The exchange shall:
(1) Administer the exchange for both qualified individuals and qualified employers;
(2) Commission surveys of individuals, small employers and health care providers on issues related to health care and health care coverage;
(3) Implement procedures for the certification, recertification and decertification, consistent with guidelines developed by the Secretary under Section 1311(c) of the Affordable Care Act, and section 38a-1086, of health benefit plans as qualified health plans;
(4) Provide for the operation of a toll-free telephone hotline to respond to requests for assistance;
(5) Provide for enrollment periods, as provided under Section 1311(c)(6) of the Affordable Care Act;
(6) Maintain an Internet web site through which enrollees and prospective enrollees of qualified health plans may obtain standardized comparative information on such plans including, but not limited to, the enrollee satisfaction survey information under Section 1311(c)(4) of the Affordable Care Act and any other information or tools to assist enrollees and prospective enrollees evaluate qualified health plans offered through the exchange;
(7) Publish the average costs of licensing, regulatory fees and any other payments required by the exchange and the administrative costs of the exchange, including information on monies lost to waste, fraud and abuse, on an Internet web site to educate individuals on such costs;
(8) [Assign] On or before the open enrollment period for plan year 2017, assign a rating to each qualified health plan offered through the exchange in accordance with the criteria developed by the Secretary under Section 1311(c)(3) of the Affordable Care Act, and determine each qualified health plan's level of coverage in accordance with regulations issued by the Secretary under Section 1302(d)(2)(A) of the Affordable Care Act;
(9) Use a standardized format for presenting health benefit options in the exchange, including the use of the uniform outline of coverage established under Section 2715 of the Public Health Service Act, 42 USC 300gg-15, as amended from time to time;
(10) Inform individuals, in accordance with Section 1413 of the Affordable Care Act, of eligibility requirements for the Medicaid program under Title XIX of the Social Security Act, as amended from time to time, the Children's Health Insurance Program (CHIP) under Title XXI of the Social Security Act, as amended from time to time, or any applicable state or local public program, and enroll an individual in such program if the exchange determines, through screening of the application by the exchange, that such individual is eligible for any such program;
(11) Collaborate with the Department of Social Services, to the extent possible, to allow an enrollee who loses premium tax credit eligibility under Section 36B of the Internal Revenue Code and is eligible for HUSKY Plan, Part A or any other state or local public program, to remain enrolled in a qualified health plan;
(12) Establish and make available by electronic means a calculator to determine the actual cost of coverage after application of any premium tax credit under Section 36B of the Internal Revenue Code and any cost-sharing reduction under Section 1402 of the Affordable Care Act;
(13) Establish a program for small employers through which qualified employers may access coverage for their employees and that shall enable any qualified employer to specify a level of coverage so that any of its employees may enroll in any qualified health plan offered through the exchange at the specified level of coverage;
(14) Offer enrollees and small employers the option of having the exchange collect and administer premiums, including through allocation of premiums among the various insurers and qualified health plans chosen by individual employers;
(15) Grant a certification, subject to Section 1411 of the Affordable Care Act, attesting that, for purposes of the individual responsibility penalty under Section 5000A of the Internal Revenue Code, an individual is exempt from the individual responsibility requirement or from the penalty imposed by said Section 5000A because:
(A) There is no affordable qualified health plan available through the exchange, or the individual's employer, covering the individual; or
(B) The individual meets the requirements for any other such exemption from the individual responsibility requirement or penalty;
(16) Provide to the Secretary of the Treasury of the United States the following:
(A) A list of the individuals granted a certification under subdivision (15) of this section, including the name and taxpayer identification number of each individual;
(B) The name and taxpayer identification number of each individual who was an employee of an employer but who was determined to be eligible for the premium tax credit under Section 36B of the Internal Revenue Code because:
(i) The employer did not provide minimum essential health benefits coverage; or
(ii) The employer provided the minimum essential coverage but it was determined under Section 36B(c)(2)(C) of the Internal Revenue Code to be unaffordable to the employee or not provide the required minimum actuarial value; and
(C) The name and taxpayer identification number of:
(i) Each individual who notifies the exchange under Section 1411(b)(4) of the Affordable Care Act that such individual has changed employers; and
(ii) Each individual who ceases coverage under a qualified health plan during a plan year and the effective date of that cessation;
(17) Provide to each employer the name of each employee, as described in subparagraph (B) of subdivision (16) of this section, of the employer who ceases coverage under a qualified health plan during a plan year and the effective date of the cessation;
(18) Perform duties required of, or delegated to, the exchange by the Secretary or the Secretary of the Treasury of the United States related to determining eligibility for premium tax credits, reduced cost-sharing or individual responsibility requirement exemptions;
(19) Select entities qualified to serve as Navigators in accordance with Section 1311(i) of the Affordable Care Act and award grants to enable Navigators to:
(A) Conduct public education activities to raise awareness of the availability of qualified health plans;
(B) Distribute fair and impartial information concerning enrollment in qualified health plans and the availability of premium tax credits under Section 36B of the Internal Revenue Code and cost-sharing reductions under Section 1402 of the Affordable Care Act;
(C) Facilitate enrollment in qualified health plans;
(D) Provide referrals to the Office of the Healthcare Advocate or health insurance ombudsman established under Section 2793 of the Public Health Service Act, 42 USC 300gg-93, as amended from time to time, or any other appropriate state agency or agencies, for any enrollee with a grievance, complaint or question regarding the enrollee's health benefit plan, coverage or a determination under that plan or coverage; and
(E) Provide information in a manner that is culturally and linguistically appropriate to the needs of the population being served by the exchange;
(20) Review the rate of premium growth within and outside the exchange and consider such information in developing recommendations on whether to continue limiting qualified employer status to small employers;
(21) Credit the amount, in accordance with Section 10108 of the Affordable Care Act, of any free choice voucher to the monthly premium of the plan in which a qualified employee is enrolled and collect the amount credited from the offering employer;
(22) Consult with stakeholders relevant to carrying out the activities required under sections 38a-1080 to 38a-1090, inclusive, as amended by this act, including, but not limited to:
(A) Individuals who are knowledgeable about the health care system, have background or experience in making informed decisions regarding health, medical and scientific matters and are enrollees in qualified health plans;
(B) Individuals and entities with experience in facilitating enrollment in qualified health plans;
(C) Representatives of small employers and self-employed individuals;
(D) The Department of Social Services; and
(E) Advocates for enrolling hard-to-reach populations;
(23) Meet the following financial integrity requirements:
(A) Keep an accurate accounting of all activities, receipts and expenditures and annually submit to the Secretary, the Governor, the Insurance Commissioner and the General Assembly a report concerning such accountings;
(B) Fully cooperate with any investigation conducted by the Secretary pursuant to the Secretary's authority under the Affordable Care Act and allow the Secretary, in coordination with the Inspector General of the United States Department of Health and Human Services, to:
(i) Investigate the affairs of the exchange;
(ii) Examine the properties and records of the exchange; and
(iii) Require periodic reports in relation to the activities undertaken by the exchange; and
(C) Not use any funds in carrying out its activities under sections 38a-1080 to 38a-1089, inclusive, as amended by this act, and section 9 of this act that are intended for the administrative and operational expenses of the exchange, for staff retreats, promotional giveaways, excessive executive compensation or promotion of federal or state legislative and regulatory modifications;
(24) Seek to include the most comprehensive health benefit plans that offer high quality benefits at the most affordable price in the exchange; [and]
(25) Report at least annually to the General Assembly on the effect of adverse selection on the operations of the exchange and make legislative recommendations, if necessary, to reduce the negative impact from any such adverse selection on the sustainability of the exchange, including recommendations to ensure that regulation of insurers and health benefit plans are similar for qualified health plans offered through the exchange and health benefit plans offered outside the exchange. The exchange shall evaluate whether adverse selection is occurring with respect to health benefit plans that are grandfathered under the Affordable Care Act, self-insured plans, plans sold through the exchange and plans sold outside the exchange; and
(26) Seek funding for and oversee the planning, implementation and development of policies and procedures for the administration of the all-payer claims database program established under section 9 of this act.
Sec. 6. Subsection (a) of section 38a-1088 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The state of Connecticut does hereby pledge to, and agree with, any person with whom the exchange may enter into contracts pursuant to the provisions of sections 38a-1080 to 38a-1090, inclusive, as amended by this act, and section 9 of this act that the state will not limit or alter the rights hereby vested in the exchange until such contracts and the obligations thereunder are fully met and performed on the part of the exchange, except that nothing in this subsection shall preclude such limitation or alteration if adequate provision shall be made by law for the protection of such persons entering into contracts with the exchange.
Sec. 7. Subsection (a) of section 38a-1089 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Not later than January 1, 2012, and annually thereafter until January 1, 2014, the chief executive officer of the exchange shall report, in accordance with section 11-4a, to the Governor and the General Assembly on a plan, and any revisions or amendments to such plan, to establish a health insurance exchange in the state. Such report shall address:
(1) Whether to establish two separate exchanges, one for the individual health insurance market and one for the small employer health insurance market, or to establish a single exchange;
(2) Whether to merge the individual and small employer health insurance markets;
(3) Whether to revise the definition of "small employer" from not more than fifty employees to not more than one hundred employees;
(4) Whether to allow large employers to participate in the exchange beginning in 2017;
(5) Whether to require qualified health plans to provide the essential health benefits package, as described in Section 1302(a) of the Affordable Care Act, or include additional state mandated benefits;
(6) Whether to list dental benefits separately on the exchange's Internet web site where a qualified health plan includes dental benefits;
(7) The relationship of the exchange to insurance producers;
(8) The capacity of the exchange to award Navigator grants pursuant to section 38a-1087;
(9) Ways to ensure that the exchange is financially sustainable by 2015, as required by the Affordable Care Act including, but not limited to, assessments or user fees charged to carriers; [and]
(10) Methods to independently evaluate consumers' experience, including, but not limited to, hiring consultants to act as secret shoppers; and
(11) The status of the implementation and administration of the all-payer claims database program established under section 9 of this act.
Sec. 8. Section 38a-1090 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The exchange shall continue as long as it shall have legal authority to exist pursuant to the general statutes and until its existence is terminated by law. Upon the termination of the existence of the exchange, all its rights and properties shall pass to and be vested in the state of Connecticut.
(b) The exchange shall be subject to the Freedom of Information Act, as defined in section 1-200, except that: [the]
(1) The following information under sections 38a-1081 to 38a-1089, inclusive, as amended by this act, shall not be subject to disclosure under section 1-210: [(1)] (A) The names and applications of individuals and employers seeking coverage through the exchange; [(2)] (B) individuals' health information; and [(3)] (C) information exchanged between the exchange and the [(A)] (i) Departments of Social Services, Public Health and Revenue Services, [(B)] (ii) Insurance Department, [(C)] (iii) office of the Comptroller, or (D) any other state agency that is subject to confidentiality agreements under contracts entered into with the exchange; [.] and
(2) (A) Any disclosures made pursuant to subdivision (4) of subsection (b) of section 9 of this act of health information, as defined in 45 CFR 160.103, as amended from time to time, provided such health information is permitted to be disclosed under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time, or regulations adopted thereunder, shall have identifiers removed, as set forth in 45 CFR 164.514, as amended from time to time; and
(B) Any disclosures made pursuant to subdivision (4) of subsection (b) of section 9 of this act of information other than health information shall be made in a manner to protect the confidentiality of such other information as required by state and federal law.
(c) Unless expressly specified, nothing in this section or sections 38a-1080 to 38a-1089, inclusive, and no action taken by the exchange pursuant to said sections shall be construed to preempt, supersede or affect the authority of the commissioner to regulate the business of insurance in the state. All health carriers offering qualified health plans in the state shall comply with all applicable health insurance laws of the state and regulations adopted and orders issued by the commissioner.
Sec. 9. (NEW) (Effective from passage) (a) As used in this section:
(1) "All-payer claims database" means a database that receives and stores data from a reporting entity relating to medical insurance claims, dental insurance claims, pharmacy claims and other insurance claims information from enrollment and eligibility files; and
(2) (A) "Reporting entity" means:
(i) An insurer, as described in section 38a-1 of the general statutes, licensed to do health insurance business in this state;
(ii) A health care center, as defined in section 38a-175 of the general statutes;
(iii) An insurer or health care center that provides coverage under Part C or Part D of Title XVIII of the Social Security Act, as amended from time to time, to residents of this state;
(iv) A third-party administrator, as defined in section 38a-720 of the general statutes;
(v) A pharmacy benefits manager, as defined in section 38a-479aaa of the general statutes;
(vi) A hospital service corporation, as defined in section 38a-199 of the general statutes;
(vii) A nonprofit medical service corporation, as defined in section 38a-214 of the general statutes;
(viii) A fraternal benefit society, as described in section 38a-595 of the general statutes, that transacts health insurance business in this state;
(ix) A dental plan organization, as defined in section 38a-577 of the general statutes;
(x) A preferred provider network, as defined in section 38a-479aa of the general statutes; and
(xi) Any other person that administers health care claims and payments pursuant to a contract or agreement or is required by statute to administer such claims and payments.
(B) "Reporting entity" does not include an employee welfare benefit plan, as defined in the federal Employee Retirement Income Security Act of 1974, as amended from time to time, that is also a trust established pursuant to collective bargaining subject to the federal Labor Management Relations Act.
(b) (1) There is established an all-payer claims database program. The exchange shall: (A) Oversee the planning, implementation and administration of the all-payer claims database program for the purpose of collecting, assessing and reporting health care information relating to safety, quality, cost-effectiveness, access and efficiency for all levels of health care; (B) ensure that data received from reporting entities is securely collected, compiled and stored in accordance with state and federal law; and (C) conduct audits of data submitted by reporting entities in order to verify its accuracy.
(2) The exchange shall seek funding from the federal government, other public sources and other private sources to cover costs associated with the planning, implementation and administration of the all-payer claims database program.
(3) (A) Upon the adoption of reporting requirements as set forth in section 38a-1082 of the general statutes, as amended by this act, a reporting entity shall report health care information for inclusion in the all-payer claims database in a form and manner prescribed by the exchange. The exchange may, after notice and hearing, impose a civil penalty on any reporting entity that fails to report health care information as prescribed. Such civil penalty shall not exceed one thousand dollars per day for each day of violation and shall not be imposed as a cost for the purpose of rate determination or reimbursement by a third-party payer.
(B) The chief executive officer may provide the name of any reporting entity on which such penalty has been imposed to the commissioner. After consultation with said officer, the commissioner may request the Attorney General to bring an action in the superior court for the judicial district of Hartford to recover any penalty imposed pursuant to subparagraph (A) of this subdivision.
(4) The exchange shall: (A) Utilize data in the all-payer claims database to provide health care consumers in the state with information concerning the cost and quality of health care services that allows such consumers to make economically sound and medically appropriate health care decisions; and (B) make data in the all-payer claims database available to any state agency, insurer, employer, health care provider, consumer of health care services or researcher for the purpose of allowing such person or entity to review such data as it relates to health care utilization, costs or quality of health care services. Such disclosure shall be made in accordance with subdivision (2) of subsection (b) of section 38a-1090 of the general statutes, as amended by this act. The exchange may set a fee to be charged to each person or entity requesting access to data stored in the all-payer claims database.
(5) The exchange may (A) in consultation with the All-Payer Claims Database Advisory Group set forth in subsection (c) of this section, enter into a contract with a person or entity to plan, implement or administer the all-payer claims database program, (B) enter into a contract or take any action that is necessary to obtain fee-for-service health claims data under the state medical assistance program or Medicare Part A or Part B, and (C) enter into a contract for the collection, management or analysis of data received from reporting entities. Any such contract for the collection, management or analysis of such data shall expressly prohibit the disclosure of such data for purposes other than the purposes described in this subdivision.
(c) (1) There is established a working group to be known as the All-Payer Claims Database Advisory Group. Any member of the working group, as of June 30, 2013, shall continue to serve as a member of said group. Said group shall include, but not be limited to, the Secretary of the Office of Policy and Management, the Comptroller, the Commissioners of Public Health, Social Services and Mental Health and Addiction Services, the Insurance Commissioner, the Healthcare Advocate, the Chief Information Officer, a representative of the Connecticut State Medical Society, representatives of health insurance companies, health insurance purchasers, hospitals, consumer advocates and health care providers. The chief executive officer of the exchange, in concurrence with the chairperson of the exchange, may appoint additional members to said group.
(2) The All-Payer Claims Database Advisory Group shall develop a plan to implement a state-wide multipayer data initiative to enhance the state's use of health care data from multiple sources to increase efficiency, enhance outcomes and improve the understanding of health care expenditures in the public and private sectors.
Sec. 10. Section 19a-725 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) There is established within the office of the Lieutenant Governor, the SustiNet Health Care Cabinet for the purpose of advising the Governor [and the Office of Health Reform and Innovation] on the matters set forth in subsection (c) of this section.
(b) (1) The SustiNet Health Care Cabinet shall consist of the following members who shall be appointed on or before August 1, 2011: (A) Five appointed by the Governor, two of whom may represent the health care industry and shall serve for terms of four years, one of whom shall represent community health centers and shall serve for a term of three years, one of whom shall represent insurance producers and shall serve for a term of three years and one of whom shall be an at-large appointment and shall serve for a term of three years; (B) one appointed by the president pro tempore of the Senate, who shall be an oral health specialist engaged in active practice and shall serve for a term of four years; (C) one appointed by the majority leader of the Senate, who shall represent labor and shall serve for a term of three years; (D) one appointed by the minority leader of the Senate, who shall be an advanced practice registered nurse engaged in active practice and shall serve for a term of two years; (E) one appointed by the speaker of the House of Representatives, who shall be a consumer advocate and shall serve for a term of four years; (F) one appointed by the majority leader of the House of Representatives, who shall be a primary care physician engaged in active practice and shall serve for a term of four years; (G) one appointed by the minority leader of the House of Representatives, who shall represent the health information technology industry and shall serve for a term of three years; (H) five appointed jointly by the chairpersons of the SustiNet Health Partnership board of directors, one of whom shall represent faith communities, one of whom shall represent small businesses, one of whom shall represent the home health care industry, one of whom shall represent hospitals, and one of whom shall be an at-large appointment, all of whom shall serve for terms of five years; (I) the Lieutenant Governor; (J) the Secretary of the Office of Policy and Management, or the secretary's designee; the Comptroller, or the Comptroller's designee; the [Special Advisor to the Governor on Healthcare Reform, or the special advisor's designee] chief executive officer of the Connecticut Health Insurance Exchange, or said officer's designee; the Commissioners of Social Services and Public Health, or their designees; and the Healthcare Advocate, or the Healthcare Advocate's designee, all of whom shall serve as ex-officio voting members; and (K) the Commissioners of Children and Families, Developmental Services and Mental Health and Addiction Services, and the Insurance Commissioner, or their designees, and the nonprofit liaison to the Governor, or the nonprofit liaison's designee, all of whom shall serve as ex-officio nonvoting members.
(2) Following the expiration of initial cabinet member terms, subsequent cabinet terms shall be for four years, commencing on August first of the year of the appointment. If an appointing authority fails to make an initial appointment to the cabinet or an appointment to fill a cabinet vacancy within ninety days of the date of such vacancy, the appointed cabinet members shall, by majority vote, make such appointment to the cabinet.
(3) Upon the expiration of the initial terms of the five cabinet members appointed by SustiNet Health Partnership board of directors, five successor cabinet members shall be appointed as follows: (A) One appointed by the Governor; (B) one appointed by the president pro tempore of the Senate; (C) one appointed by the speaker of the House of Representatives; and (D) two appointed by majority vote of the appointed board members. Successor board members appointed pursuant to this subdivision shall be at-large appointments.
(4) The Lieutenant Governor shall serve as the chairperson of the SustiNet Health Care Cabinet. The Lieutenant Governor shall schedule the first meeting of the SustiNet Health Care Cabinet, which meeting shall be held not later than September 1, 2011.
(c) The SustiNet Health Care Cabinet shall advise the Governor [and the Office of Health Reform and Innovation] regarding the development of an integrated health care system for Connecticut and shall:
(1) Evaluate the means of ensuring an adequate health care workforce in the state;
(2) Jointly evaluate, with the chief executive officer of the Connecticut Health Insurance Exchange, the feasibility of implementing a basic health program option as set forth in Section 1331 of the Affordable Care Act;
(3) Identify short and long-range opportunities, issues and gaps created by the enactment of federal health care reform;
(4) [Coordinate with the Office of Health Reform and Innovation concerning] Review the effectiveness of delivery system reforms and other efforts to control health care costs, including, but not limited to, reforms and efforts implemented by state agencies; and
[(5) (A) Develop a business plan to be provided to the Governor and the Office of Health Reform and Innovation that takes into account feasibility and risk assessments conducted pursuant to subsection (h) of section 19a-724 and evaluates private or public mechanisms that will provide adequate health insurance products commencing on January 1, 2014, including, but not limited to, for-profit and nonprofit organizations, insurance cooperatives and self-insurance, and (B) submit appropriate implementation recommendations for the Governor's consideration; and]
[(6)] (5) Advise the Governor on matters relating to: (A) The design, implementation, actionable objectives and evaluation of state and federal health care policies, priorities and objectives relating to the state's efforts to improve access to health care, and (B) the quality of such care and the affordability and sustainability of the state's health care system.
(d) The SustiNet Health Care Cabinet may convene working groups, which include volunteer health care experts, to make recommendations concerning the development and implementation of service delivery and health care provider payment reforms, including multipayer initiatives, medical homes, electronic health records and evidenced-based health care quality improvement.
(e) The office of the Lieutenant Governor and the Office of the Healthcare Advocate shall provide support staff to the SustiNet Health Care Cabinet.
Sec. 11. Section 14 of public act 11-53 is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The [Office of Health Reform and Innovation, in consultation with the] board of directors of the Connecticut Health Insurance Exchange and the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and insurance, shall prepare an analysis of the cost impact on the state and a cost-benefit analysis of the essential health benefits package, as described in Section 1302(a) of the Patient Protection and Affordable Care Act, P. L. 111-148, as amended from time to time, and coverage requirements under chapter 700c of the general statutes. Such analysis shall consider regulations issued by the Secretary of the United States Department of Health and Human Services pursuant to Section 1311 of the Patient Protection and Affordable Care Act, P. L. 111-148, as amended from time to time, and any applicable health benefit review report performed by the Insurance Department pursuant to section 38a-21 of the general statutes.
(b) Not later than sixty days after said secretary publishes the essential health benefits required under Section 1302 of the Patient Protection and Affordable Care Act, P. L. 111-148, as amended from time to time, [the Office of Health Reform and Innovation shall submit such analysis to the Governor,] the board of directors of the Connecticut Health Insurance Exchange shall submit such analysis to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and insurance.
Sec. 12. Subsection (d) of section 3-123ddd of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(d) Nothing in sections 3-123aaa to 3-123hhh, inclusive, as amended by this act, 19a-654, [19a-724, 19a-724a, 19a-725,] 38a-513f, [or] 38a-513g or section 9 of this act shall diminish any right to retiree health insurance pursuant to a collective bargaining agreement or any other provision of the general statutes.
Sec. 13. Subsection (b) of section 3-123hhh of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) Nothing in this section or sections 3-123aaa to 3-123ggg, inclusive, 19a-654, [19a-724, 19a-724a, 19a-725,] 38a-513f, [or] 38a-513g or section 9 of this act shall modify the state employee plan in any way without the written consent of the State Employees Bargaining Agent Coalition and the Secretary of the Office of Policy and Management.
Sec. 14. Section 22a-471 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) (1) If the [commissioner] Commissioner of Energy and Environmental Protection determines that pollution of the groundwaters has occurred or can reasonably be expected to occur and the Commissioner of Public Health determines that the extent of pollution creates or can reasonably be expected to create an unacceptable risk of injury to the health or safety of persons using such groundwaters as a public or private source of water for drinking or other personal or domestic uses, the Commissioner of Energy and Environmental Protection [shall, within available appropriations, arrange for the short-term provision of potable drinking water to those residential buildings and elementary and secondary schools affected by such pollution until either he issues an order pursuant to this section requiring the provision of such short-term supply and the recipient complies with such order or a long-term supply of potable drinking water has been provided, whichever is earlier. In determining if pollution creates an unacceptable risk of injury, the Commissioner of Public Health shall balance all relevant and substantive facts and inferences and shall not be limited to a consideration of available statistical analysis but shall consider all of the evidence presented and any factor related to human health risks. The commissioner] may issue an order to the person or municipality responsible for such pollution requiring that potable drinking water be provided to all persons affected by such pollution. In determining if pollution creates an unacceptable risk of injury, the Commissioner of Public Health shall balance all relevant and substantive facts and inferences and shall not be limited to a consideration of available statistical analysis but shall consider all of the evidence presented and any factor related to human health risks. If the [commissioner] Commissioner of Energy and Environmental Protection finds that more than one person or municipality is responsible for such pollution, [he] the commissioner shall attempt to apportion responsibility if [he] the commissioner determines that apportionment is appropriate. If [he] the commissioner does not apportion responsibility, all persons and municipalities responsible for the pollution of the groundwaters shall be jointly and severally responsible for the providing of potable drinking water to persons affected by such pollution. If the commissioner determines that the state or an agency or department of the state is responsible in whole or in part for the pollution of the groundwaters, such agency or department shall prepare or arrange for the preparation of an engineering report and shall provide or arrange for the provision of a long-term potable drinking water supply. If the commissioner is unable to determine the person or municipality responsible or if [he] the commissioner determines that the responsible persons have no assets other than land, buildings, business machinery or livestock and are unable to secure a loan at a reasonable rate of interest to provide potable drinking water, [he] the commissioner may prepare or arrange for the preparation of an engineering report and provide or arrange for the provision of a long-term potable drinking water supply or [he] the commissioner may issue an order to the municipality wherein groundwaters unusable for potable drinking water are located requiring that short-term provision of potable drinking water be made to those existing residential buildings and elementary and secondary schools affected by such pollution and that long-term provision of potable drinking water be made to all persons affected by such pollution. For purposes of this section, "residential building" means any house, apartment, trailer, mobile manufactured home or other structure occupied by individuals as a dwelling, except a non-owner-occupied hotel or motel or a correctional institution.
(2) Any order issued pursuant to this section may require the provision of potable drinking water in such quantities as the commissioner determines are necessary for drinking and other personal and domestic uses and may require the maintenance and monitoring of potable water supply facilities for any period which the commissioner determines is necessary. In making such determinations, the commissioner shall consider the short-term and long-term needs for potable drinking water and the health and safety of those persons whose water supply is unusable. Any order may require the submission of an engineering report which shall be subject to the approval of the commissioner and the Commissioner of Public Health and include, but not be limited to, a description in detail of the problem, area and population affected by pollution of the groundwaters; the expected duration of and extent of the pollution; alternate solutions including relative cost of construction or installation, operation and maintenance; design criteria on all alternate solutions; and any other information which the commissioner deems necessary. Upon review of such report, the commissioner and the Commissioner of Public Health shall consider the nature of the pollution, the expected duration and extent of the pollution, the health and safety of the persons affected, the initial and ongoing cost-effectiveness and reliability of each alternative and any other factors which they deem relevant, and shall approve a system or method to provide potable drinking water pursuant to the order. Each order shall include a time schedule for the accomplishment of the steps leading to the provision of potable drinking water. Notwithstanding the fact that a responsible party has been or may be identified or a request for a hearing on or a pending appeal from an order issued pursuant to this section, when pollution of the groundwaters has occurred or may reasonably be expected to occur, the commissioner may prepare or arrange for the preparation of an engineering report as described in this subdivision and may provide or arrange for the provision of a long-term potable drinking water supply. In any case where the state or an agency or department of the state is responsible in whole or in part for the pollution of the groundwaters, such agency or department shall prepare or arrange for the preparation of an engineering report and shall provide or arrange for the provision of a long-term potable drinking water supply, and if the state is not the sole responsible party, the commissioner shall seek reimbursement under subdivision (4) of subsection (b) of this section for the costs of such report and for the provision of potable water. The cost of the report and of the provision of a long-term potable drinking water supply, as funds allow, shall be paid from the proceeds of any bonds authorized for the provision of potable drinking water.
(3) The provisions of this section shall not affect the rights of any municipality to institute suit to recover all damages, expenses and costs incurred by the municipality from any responsible party, including, but not limited to, the costs specified in subparagraph (B)(i) and (ii) of subdivision (4) of subsection (b) of this section and, in the case of any municipality which is not responsible for the pollution of the groundwaters, the additional amounts specified in subparagraph (B)(iii) and (iv) of subdivision (4) of subsection (b) of this section.
(4) No provision of this section shall limit the liability of any person who or municipality which renders the groundwaters unusable for potable drinking water from a suit for damages by a person who or municipality which relied on said groundwaters for potable drinking water prior to the determination by the commissioner that the groundwaters are polluted.
(5) The commissioner may issue any order pursuant to this section if the pollution of the groundwaters occurred before or after July 1, 1982.
(6) The commissioner may at any time require further action by any person to whom or municipality to which an order is issued pursuant to this section if [he] the commissioner determines that such action is necessary to protect the health and safety of those persons whose water supply was rendered unusable.
(b) (1) (A) Any municipality not responsible for the pollution of the groundwaters which is ordered to provide potable drinking water in accordance with subsection (a) of this section may apply to the commissioner for a grant as provided by this subsection. Except as provided in subparagraph (C) of subdivision (1) of this subsection and in subdivision (2) of this subsection, the commissioner shall make grants for the short-term provision of potable drinking water and the construction or installation of individual wells or individual water treatment systems, including, but not limited to, carbon absorption filters and shall make grants for other capital improvements for the long-term provision of potable drinking water from any bond authorization established for that purpose.
(B) The amount distributed to a municipality shall, as funds allow, equal one hundred per cent of the cost of short-term provision of potable drinking water, one hundred per cent of the cost of the engineering report required by this section, one hundred per cent of the cost of capital improvements for the most cost-effective long-term method of providing potable drinking water as determined by the commissioner and the Commissioner of Public Health upon consideration of such engineering report, and one hundred per cent of the cost during the first five years of installation of monitoring and maintaining individual water treatment systems and monitoring drinking water wells located in an area where the commissioner determines that pollution of the groundwater is reasonably likely to occur. No state funds shall be distributed to a municipality for the cost of operating or maintaining any potable water supply facilities other than as specified in this subsection.
(C) Notwithstanding any provision of this subsection to the contrary, the commissioner may advance to a municipality, from the proceeds of any bonds authorized for the provision of potable drinking water, any percentage of the cost of short-term and long-term provision of potable drinking water which he deems necessary.
(2) (A) If the commissioner is unable to determine the person or municipality responsible for rendering the groundwaters unusable for potable drinking water or if [he] the commissioner determines that the responsible persons have no assets other than land, buildings, business machinery or livestock and are unable to secure a loan at a reasonable rate of interest to provide potable drinking water, a water company which has less than ten thousand customers and which owns, maintains, operates, manages, controls or employs a water supply well which is rendered unusable for potable drinking water, may apply to the commissioner for a grant from funds established pursuant to section 22a-451 or from the proceeds of any bonds authorized for the provision of potable drinking water. If, upon review of the engineering report required by this subsection to be submitted with an application for such a grant, the commissioner determines that a grant to a water company from available appropriations or from the proceeds of any bonds authorized for the provision of potable drinking water is appropriate, [he] the commissioner may make such a grant in accordance with regulations adopted by [him] the commissioner pursuant to subsection (e) of this section.
(B) The total amount distributed to a water company pursuant to this subsection shall, as funds allow, equal fifty per cent of the cost of the engineering report required by this subsection and fifty per cent of the cost of the most cost-effective long-term method of rendering the water supply in question usable for potable drinking water, as determined by the commissioner and the Commissioner of Public Health upon consideration of the required engineering report.
(C) For purposes of this section, "water company" and "customer" shall have the same meaning as specified in section 25-32a.
(D) Any water company applying for a grant pursuant to this section shall prepare or have prepared an engineering report which shall be subject to the approval of the commissioner and the Commissioner of Public Health and include, but not be limited to, a description in detail of the problem, area and population affected by pollution of the groundwaters; alternate solutions including relative cost of construction or installation, operation and maintenance; design criteria on all alternate solutions and any other information the commissioner deems necessary.
(3) (A) If a municipality or water company receives funding from a private source, a federal grant or another state grant for any cost for which a grant may be awarded pursuant to this section, the grant under this section shall equal the specified percentage of the costs specified in this subsection minus the amount of the other funding.
(B) If a municipality or water company receives a grant under this section and is compensated by a person who or municipality which is responsible for rendering the groundwaters unusable for potable drinking water, the municipality or water company shall reimburse the account from which the funds were made available for the grant as follows: If the compensation from the responsible party equals or exceeds the costs toward which the grant was to be applied, the municipality or water company shall reimburse the total amount of the grant; if the compensation is less than the cost toward which the grant was to be applied, the municipality or water company shall reimburse a percentage of the compensation equal to the percentage of such costs paid by the grant.
(4) (A) Notwithstanding any request for a hearing or a pending appeal therefrom, if a person or municipality responsible for pollution of the groundwaters fails to comply with an order of the commissioner issued pursuant to this section, the municipality wherein such pollution is located may, after giving written notice of its intent to the commissioner and the responsible person or municipality, undertake the actions required by the order and seek reimbursement for the cost of such actions from the responsible person or municipality. If at any time after receipt of such a notice, the responsible party intends to comply with a step of the order which the municipality has not yet completed, the responsible party may do so with the written approval of the commissioner and municipality, provided the actions which the responsible party takes are consistent with those taken by the municipality.
(B) The commissioner may order any person or municipality responsible for pollution of the groundwaters to reimburse the state, a water company, and any municipality which is not responsible for pollution but received an order pursuant to this section or which did not receive such an order but voluntarily provided potable drinking water, for (i) the expenses each incurred in providing potable drinking water to any person affected by such pollution, provided the required reimbursement for such expenses shall not exceed the actual cost of short-term provision of potable drinking water and an amount equal to the reasonable cost of planning and implementing the most cost-effective long-term method of providing potable drinking water as determined by the commissioner and the Commissioner of Public Health; (ii) costs for recovering such reimbursement; (iii) interest on the expenses specified in (i) at a rate of ten per cent a year from the date such expenses were paid; and (iv) reasonable attorney's fees. The commissioner may request the Attorney General to bring a civil action to recover any costs or expenses incurred by the commissioner pursuant to this subsection provided no such action may be brought later than ten years after the date of discovery of the pollution of public or private sources of water for drinking or other personal or domestic use.
(C) If a municipality fails to recover all expenses specified in subparagraph (B)(i) of subdivision (4) of this subsection from the responsible party, the municipality may apply to the commissioner for a grant in accordance with this subsection, provided the total amount of funds received from the commissioner and the responsible party shall not exceed the amounts specified in subparagraph (B) of subdivision (1) of subsection (b) of this section.
(5) For purposes of this section except subdivision (3) of subsection (a) and subparagraph (B)(ii) of subdivision (4) of this subsection, "cost" includes only those costs which the commissioner determines are necessary and reasonable, including, but not limited to, the cost of plans and specifications, construction or installation and supervision thereof.
(6) If any grant application is pending on June 7, 1994, and is approved by the commissioner, the percentage of costs to be paid by the grant shall be determined in accordance with this section. Any order pending on May 31, 1985, shall be construed in accordance with this section.
(7) Any person who or municipality which provides potable drinking water pursuant to this section may, with the approval of the commissioner, construct or install facilities beyond the areas included in the order or facilities which are more costly than those which are determined to be most cost-effective, provided any request for a grant or reimbursement shall be limited to the amounts specified in this section.
(c) Any order issued under the provisions of this section shall be subject to the rights of any aggrieved person or municipality to a hearing before the commissioner as provided in section 22a-436, and appeal from the final determination of the commissioner to the Superior Court as provided in section 22a-437. The request for a hearing or pending appeal therefrom shall not constitute a condition which shall stay the commissioner from requesting that an injunction under the provisions of section 22a-6 or 22a-435, or a civil action to recover a forfeiture under the provisions of section 22a-438, be initiated by the Attorney General. The court shall issue an injunction requiring the recipient of the order to take the steps required by the order for short-term and long-term provision of potable drinking water unless such court determines that the issuance of the order was arbitrary. Notwithstanding any provision of the general statutes, a court shall not grant a stay from any order issued pursuant to this section on the grounds that an administrative appeal is pending. If it is thereafter determined by the Superior Court as the result of an appeal under the provisions of section 22a-437 that the commissioner acted arbitrarily, unreasonably or contrary to law in requiring a person or municipality to comply with an order the commissioner shall reimburse the person or municipality for the total costs which have been incurred from the funds established under section 22a-446.
(d) The commissioner shall not issue an order to any person pursuant to this section if the sole basis for the order is that such person is the owner of the land from which the source of pollution or potential source of pollution emanates.
(e) The commissioner may, in accordance with chapter 54, adopt such regulations as [he] the commissioner deems necessary to carry out the provisions of this section, and shall adopt regulations for the provision of grants pursuant to this section which shall include criteria for eligibility for funds.
(f) (1) Notwithstanding the provisions of subsection (a) of this section, if the commissioner determines that a person whose actions have caused or can reasonably be expected to cause pollution of the groundwaters by the application of a pesticide (A) has properly applied the pesticide or arranged for a pesticide application which was properly performed, (B) was engaged in agriculture at the time the pesticide was applied and used the pesticide solely in the production of agricultural commodities, (C) has agreed to implement the plans specified in subdivision (2) of this subsection, and (D) maintained the records of the application of the pesticide as required by section 22a-58 and the records and plan identified in section 22a-471a, the commissioner shall not issue an order under subsection (a) of this section to the person engaged in agriculture, but may issue an order under said subsection (a) to another responsible person, including, but not limited to, the producer of the pesticide, requiring the short-term and long-term provision of potable drinking water in accordance with said subsection (a). The commissioner shall not issue an order under said subsection (a) to a person engaged in agriculture who did not maintain the records identified under section 22a-471a if said commissioner finds such records are not relevant to a determination of the party responsible for pollution of the groundwaters. If the commissioner is unable to determine the responsible person, [he] the commissioner may issue such order to the municipality wherein groundwaters unusable for potable drinking water are located.
(2) If the commissioner determines that a person engaged in agriculture has caused or can reasonably be expected to cause pollution of the groundwaters by pesticides, [he] the commissioner may cause such person to submit to the commissioner and, upon approval by the commissioner, implement a plan to minimize the potential for groundwater contamination from the storage, handling and disposal of pesticides at the locations where such person engaged in agriculture.
(3) For the purposes of this subsection, a pesticide is properly applied if at the time of the application the pesticide was licensed by or registered with the state and federal government and was applied in a manner consistent with (A) the labeling of the pesticide, as defined in section 22a-47, (B) applicable state and federal statutes and regulations at the time of the application, (C) any approvals or recommendations of the federal, state or local government, including any limitations, warnings or conditions of such approvals or recommendations, and (D) generally accepted agricultural management practices at the time of application, considering any special geological, hydrological or soil conditions of which the farmer was aware or reasonably should have been aware.
(4) Any municipality which receives an order pursuant to subdivision (1) of this subsection shall be eligible for a grant from the state in accordance with subparagraph (1) of subsection (b) of this section.
(5) The provisions of this subsection shall apply to pollution of the groundwaters by pesticides discovered on or after May 26, 1988. All orders issued pursuant to this section by the commissioner prior to May 26, 1988, shall remain in effect unless the orders are otherwise revoked, amended or modified by said commissioner.
(6) Nothing in this subsection, section 22a-471a or section 22a-471b shall affect or limit any right of action of an individual against any person engaged in agriculture for injury to person or property resulting from the use of a pesticide.
(7) For purposes of this subsection, "pesticide" shall have the same meaning as specified in section 22a-47.
Sec. 15. Section 12-170d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Beginning with the calendar year 1973 and for each calendar year thereafter any renter of real property, or of a mobile manufactured home, as defined in section 12-63a, which he occupies as his home, who meets the qualifications set forth in this section, shall be entitled to receive in the following year in the form of direct payment from the state, a grant in refund of utility and rent bills actually paid by or for him on such real property or mobile manufactured home to the extent set forth in section 12-170e. Such grant by the state shall be made upon receipt by the state of a certificate of grant with a copy of the application therefor attached, as provided in section 12-170f, provided such application shall be made within one year from the close of the calendar year for which the grant is requested. If the rental quarters are occupied by more than one person, it shall be assumed for the purposes of this section and sections 12-170e and 12-170f that each of such persons pays his proportionate share of the rental and utility expenses levied thereon and grants shall be calculated on that portion of utility and rent bills paid that are applicable to the person making application for grant under said sections. For purposes of this section and said sections 12-170e and 12-170f a husband and wife shall constitute one tenant, and a resident of cooperative housing shall be a renter. To qualify for such payment by the state, the renter shall meet qualification requirements in accordance with each of the following subdivisions: (1) (A) At the close of the calendar year for which a grant is claimed be sixty-five years of age or over, or his spouse who is residing with him shall be sixty-five years of age or over, at the close of such year, or be fifty years of age or over and the surviving spouse of a renter who at the time of his death had qualified and was entitled to tax relief under this chapter, provided such spouse was domiciled with such renter at the time of his death or (B) at the close of the calendar year for which a grant is claimed be under age sixty-five and eligible in accordance with applicable federal regulations, to receive permanent total disability benefits under Social Security, or if he has not been engaged in employment covered by Social Security and accordingly has not qualified for benefits thereunder but has become qualified for permanent total disability benefits under any federal, state or local government retirement or disability plan, including the Railroad Retirement Act and any government-related teacher's retirement plan, determined by the Secretary of the Office of Policy and Management to contain requirements in respect to qualification for such permanent total disability benefits which are comparable to such requirements under Social Security; (2) shall reside within this state and shall have resided within this state for at least one year or his spouse who is domiciled with him shall have resided within this state for at least one year and shall reside within this state at the time of filing the claim and shall have resided within this state for the period for which claim is made; (3) shall have taxable and nontaxable income, the total of which shall hereinafter be called "qualifying income", during the calendar year preceding the filing of his claim in an amount of not more than twenty thousand dollars, jointly with spouse, if married, and not more than sixteen thousand two hundred dollars if unmarried, provided such maximum amounts of qualifying income shall be subject to adjustment in accordance with subdivision (2) of subsection (a) of section 12-170e, and provided the amount of any Medicaid payments made on behalf of the renter or the spouse of the renter shall not constitute income; and (4) shall not have received financial aid or subsidy from federal, state, county or municipal funds, excluding Social Security receipts, emergency energy assistance under any state program, emergency energy assistance under any federal program, emergency energy assistance under any local program, payments received under the federal Supplemental Security Income Program, payments derived from previous employment, veterans and veterans disability benefits and subsidized housing accommodations, during the calendar year for which a grant is claimed, for payment, directly or indirectly, of rent, electricity, gas, water and fuel applicable to the rented residence. Notwithstanding the provisions of subdivision (4) of this subsection, a renter who receives cash assistance from the Department of Social Services in the calendar year prior to that in which such renter files an application for a grant may be entitled to receive such grant provided the amount of the cash assistance received shall be deducted from the amount of such grant and the difference between the amount of the cash assistance and the amount of the grant is equal to or greater than ten dollars. Funds attributable to such reductions shall be transferred annually from the appropriation to the Office of Policy and Management, for tax relief for elderly renters, to the Department of Social Services, to the appropriate accounts, following the issuance of such grants. Notwithstanding the provisions of subsection (b) of section 12-170aa, the owner of a mobile manufactured home may elect to receive benefits under section 12-170e in lieu of benefits under said section 12-170aa.
(b) For purposes of determining qualifying income under subsection (a) of this section with respect to a married renter who submits an application for a grant in accordance with sections 12-170d to 12-170g, inclusive, the Social Security income of the spouse of such renter shall not be included in the qualifying income of such renter, for purposes of determining eligibility for benefits under said sections, if such spouse is a resident of a health care or nursing home facility in this state receiving payment related to such spouse under the Title XIX Medicaid program. An applicant who is legally separated pursuant to the provisions of section 46b-40, as of the thirty-first day of December preceding the date on which such person files an application for a grant in accordance with sections 12-170d to 12-170g, inclusive, may apply as an unmarried person and shall be regarded as such for purposes of determining qualifying income under subsection (a) of this section.
(c) Effective July 1, 2013, no new applicants shall be entitled to receive grants under this program, except that if a married applicant has applied for such grant before said date, such applicant's spouse shall also remain eligible for such grant.
Sec. 16. Section 49-41 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Each contract exceeding one hundred thousand dollars in amount for the construction, alteration or repair of any public building or public work of the state or a municipality shall include a provision that the person to perform the contract shall furnish to the state or municipality on or before the award date, a bond in the amount of the contract which shall be binding upon the award of the contract to that person, with a surety or sureties satisfactory to the officer awarding the contract, for the protection of persons supplying labor or materials in the prosecution of the work provided for in the contract for the use of each such person, provided no such bond shall be required to be furnished (1) in relation to any general bid in which the total estimated cost of labor and materials under the contract with respect to which such general bid is submitted is less than one hundred thousand dollars, (2) in relation to any sub-bid in which the total estimated cost of labor and materials under the contract with respect to which such sub-bid is submitted is less than one hundred thousand dollars, or (3) in relation to any general bid or sub-bid submitted by a consultant, as defined in section 4b-55. Any such bond furnished shall have as principal the name of the person awarded the contract.
(b) Nothing in this section or sections 49-41a to 49-43, inclusive, shall be construed to limit the authority of any contracting officer to require a performance bond or other security in addition to the bond referred to in subsection (a) of this section, except that no such officer shall require a performance bond in relation to any general bid in which the total estimated cost of labor and materials under the contract with respect to which such general bid is submitted is less than twenty-five thousand dollars or in relation to any sub-bid in which the total estimated cost of labor and materials under the contract with respect to which such sub-bid is submitted is less than fifty thousand dollars.
(c) No contract for the construction, alteration or repair of any public building or public work of the state or a municipality that requires a person to supply the state or municipality with a bond may include a provision that requires the person to obtain the bond from a specific surety, agent, broker or producer. No contracting officer may require that a bond be obtained from a specific surety, agent, broker or producer.
(d) In the event that any political subdivision of the state enters into a contract described in subsection (a) of this section and fails to obtain delivery from the contractor of the bond required by this section, any person who has not been paid by the contractor for labor or materials supplied in the performance of work under the contract shall have the same legal right of action against such political subdivision of the state as such person would have had against a surety under the provisions of section 49-42. Nothing in this section shall be construed to extend liability to the state for any person's right to payment or constitute a waiver of the state's sovereign immunity.
(e) (1) As used in this subsection, "owner-controlled insurance program" means an insurance procurement program under which a principal provides and consolidates insurance coverage for one or more contractors on one or more [construction] projects for the construction, alteration or repair of any public building or public work of the state or a municipality.
[(2) No contract for the construction, alteration or repair of any public building or public work of the state or a municipality may include a provision that allows or requires the state or municipality to maintain an owner-controlled insurance program, except for (A) a project approved pursuant to section 10a-109e, or (B) one or more municipal projects totaling one hundred million dollars or more (i) under the supervision of one construction manager, or (ii) located within the boundaries of a municipality if under the supervision of more than one construction manager.]
[(3)] (2) Each contract or policy of insurance issued under an owner-controlled insurance program pursuant to this subsection shall provide that:
(A) Coverage for work performed and materials furnished shall continue from the completion of the work until the date all causes of action are barred under any applicable statute of limitations.
(B) Any notice of a change in coverage under the contract or policy or of a cancellation or refusal to renew the coverage under the contract or policy shall be provided to the principal and all contractors covered under the program.
(C) The effective date of a (i) change in coverage under the contract or policy shall be at least thirty days after the date the principal and contractors receive the notice of change in coverage as required under subparagraph (B) of this subdivision, and (ii) cancellation or refusal to renew shall be at least sixty days after the principal and contractors receive the notice of change in coverage as required under subparagraph (B) of this subdivision.
[(4) Each principal or contractor shall disclose in the project plans or specifications at the time the principal or contractor is soliciting bids for the construction project that the project will be covered by an owner-controlled insurance program.]
(f) Whenever a surety bond is required in connection with a contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building for work by the state or a municipality, that is estimated to cost more than five hundred thousand dollars and is paid for, in whole or in part, with state funds, the surety contract between the contractor named as principal in the bond and the surety that issues such bond shall contain the following provision: "In the event that the surety assumes the contract or obtains a bid or bids for completion of the contract, the surety shall ensure that the contractor chosen to complete the contract is prequalified pursuant to section 4a-100, as amended by this act, of the Connecticut general statutes in the requisite classification and has the aggregate work capacity rating and single project limit necessary to complete the contract".
Sec. 17. Section 31-2d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Any order or regulation of the Office of Workforce Competitiveness affecting the functions, powers, duties and obligations set forth in this section and sections 4-124w, 4-124z, 4-124bb, 4-124ff, 4-124gg, 4-124hh, 4-124tt [, 4-124uu] and 4-124vv which is in force on July 1, 2011, shall continue in force and effect as an order or regulation of the Labor Department until amended, repealed or superseded pursuant to law. Where any orders or regulations of said office and said department conflict, the Labor Commissioner may implement policies and procedures consistent with the provisions of this section and sections 4-124w, 4-124z, 4-124bb, 4-124ff, 4-124gg, 4-124hh, 4-124tt, [4-124uu,] 4-124vv, 10-95h, 10a-11b, 10a-19d, 31-3h, 31-3k, 31-11cc and 31-11dd 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. 18. Section 4b-1b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
[(a) There is established a Department of Construction Services. The department head shall be the Commissioner of Construction Services, who shall be appointed by the Governor, in accordance with the provisions of sections 4-5 to 4-8, inclusive, with the powers and duties prescribed in sections 4-5 to 4-8, inclusive.]
[(b)] (a) The Department of Construction Services shall constitute a successor department to the Department of Public Works in accordance with the provisions of sections 4-38d, 4-38e and 4-39 with respect to those duties and functions of the Department of Public Works concerning construction and construction management pursuant to any provision of the general statutes.
[(c)] (b) The Department of Construction Services shall constitute a successor department to the Department of Public Safety with respect to the Division of Fire, Emergency and Building Services within the Department of Public Safety, except the portion of said division concerning emergency services, in accordance with the provisions of sections 4-38d, 4-38e and 4-39.
[(d)] (c) The Department of Construction Services shall constitute a successor department to the Department of Education in accordance with the provisions of sections 4-38d, 4-38e and 4-39 with respect to the issuance of school construction grants in accordance with chapter 173. On and after July 1, 2011, any regulation of the State Board of Education adopted pursuant to chapter 173 shall continue in force and effect until the Commissioner of Education, in consultation with the Commissioner of Construction Services, determines which regulations need to be transferred to the Department of Construction Services in accordance with chapter 54 and either the Department of Construction Services or the State Board of Education amends such regulations to effect such transfer. Where any order or regulation of said departments conflict, the Commissioner of Construction Services or the Commissioner of Education may implement policies or procedures consistent with the provisions of chapter 173 while in the process of adopting such policies or procedures in regulation form, provided notice of intent to adopt such regulations is printed in the Connecticut Law Journal not later than twenty days after implementation. Any such policies or procedures shall be valid until the time final regulations are adopted.
[(e) Where any order or regulation of the Department of Public Works concerning construction or construction management or the Department of Public Safety, pursuant to chapter 541, conflict, the Commissioner of Construction Services may implement policies and procedures consistent with the provisions of this act while in the process of adopting the policies or procedures in regulation form, provided notice of intention to adopt regulations is printed in the Connecticut Law Journal not later than twenty days after implementation. Any such policies or procedures shall be valid until the time final regulations are effective.
(f) The commissioner may, within available appropriations, employ any other personnel that may be necessary in the performance of the department's functions.
(g) The commissioner may enter into contracts for the furnishing by any person or agency, public or private, of services necessary for the proper execution of the duties of the department. Any such contract that has a cost of three thousand dollars or more shall be subject to the approval of the Attorney General.
(h) The commissioner may perform any other acts that may be necessary and appropriate to carry out the functions of the department as set forth in this section.]
(d) All powers and duties transferred to the Department of Construction Services by this section are transferred to the Department of Administrative Services, in accordance with the provisions of section 4-38d, 4-38e and 4-39.
Sec. 19. Section 4a-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There shall be a Department of Administrative Services. The department head shall be the Commissioner of Administrative Services, who shall be appointed by the Governor in accordance with the provisions of sections 4-5, 4-6, 4-7 and 4-8, as amended by this act, with the powers and the duties therein prescribed.
(b) The Department of Administrative Services shall constitute a successor department to the Department of Public Works, except those duties relating to construction and construction management, in accordance with the provisions of sections 4-38d, 4-38e and 4-39. Where any order or regulation of said departments conflict, the Commissioner of Administrative Services may implement policies or procedures consistent with the provisions of this title and title 4b while in the process of adopting such policies or procedures in regulation form, provided notice of intent to adopt such regulations is printed in the Connecticut Law Journal not later than twenty days after implementation. Any such policies or procedures shall be valid until the time final regulations are adopted.
(c) The Department of Administrative Services shall constitute a successor department to the Department of Information Technology in accordance with the provisions of sections 4-38d, 4-38e and 4-39. Where any order or regulation of said departments conflict, the Commissioner of Administrative Services may implement policies or procedures consistent with the provisions of title 4d while in the process of adopting such policies or procedures in regulation form, provided notice of intent to adopt such regulations is printed in the Connecticut Law Journal not later than twenty days after implementation. Any such policies or procedures shall be valid until the time final regulations are adopted.
(d) The Department of Administrative Services shall constitute a successor department to the Department of Construction Services in accordance with the provisions of sections 4-38d, 4-38e, 4-39 and 4b-1b, as amended by this act. Where any order or regulation of said departments conflict, the Commissioner of Administrative Services may implement policies or procedures consistent with the provisions of title 4d while in the process of adopting such policies or procedures in regulation form, provided notice of intent to adopt such regulations is printed in the Connecticut Law Journal not later than twenty days after implementation. Any such policies or procedures shall be valid until the time final regulations are adopted.
Sec. 20. Section 4a-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The Commissioner of Administrative Services shall have the following general duties and responsibilities:
(1) [The establishment of personnel policy and responsibility for the personnel administration of state employees] Oversight of state workers' compensation claims;
(2) The purchase and provision of supplies, materials, equipment and contractual services, as defined in section 4a-50;
(3) The publishing, printing or purchasing of laws, stationery, forms and reports;
(4) The collection of sums due the state for public assistance;
(5) The purchase and contracting for information systems and telecommunication system facilities, equipment and services for state agencies, in accordance with chapter 61;
(6) The purchase, sale, lease, sublease and acquisition of property and space to house state agencies and the construction, maintenance and development of such property, in accordance with chapters 59 and 60;
(7) Subject to the provisions of section 4b-21, the sale or exchange of any land or interest in land belonging to the state;
(8) The supervision of the care and control of building and grounds owned or leased by the state in Hartford, except (A) the buildings and grounds of the State Capitol and the Legislative Office Building and parking garage and related structures and facilities and grounds, as provided in section 2-71h, (B) any property of the Connecticut Marketing Authority, and (C) property under the supervision of the Office of the Chief Court Administrator as provided in section 4b-11; and
(9) The establishing and maintaining of security standards for all facilities housing the offices and equipment of the state except (A) Department of Transportation mass transit, marine and aviation facilities, (B) the State Capitol and Legislative Office Building and related facilities, (C) facilities under the care and control of The University of Connecticut or other constituent units of the state system of higher education, (D) Judicial Department facilities, (E) Department of Emergency Services and Public Protection facilities, (F) Military Department facilities, (G) Department of Correction facilities, (H) Department of Children and Families client-occupied facilities, (I) facilities occupied by the Governor, Lieutenant Governor, Attorney General, Comptroller, Secretary of the State and Treasurer, and (J) facilities occupied by the Board of Pardons and Paroles. As used in this subdivision, "security" has the same meaning as provided in section 4b-30.
(b) Notwithstanding any other provision of the general statutes, the commissioner may supervise the care and control of (1) any state-owned or leased office building, and related buildings and grounds, outside the city of Hartford, used as district offices, except any state-owned or leased office building, and such buildings and grounds, used by the Judicial Department or The University of Connecticut, and (2) any other state-owned or leased property, other than property of The University of Connecticut, on a temporary or permanent basis, if the commissioner, the Secretary of the Office of Policy and Management and the executive head of the department or agency supervising the care and control of such property agree, in writing, to such supervision.
(c) Subject to the provisions of chapter 67, the Commissioner of Administrative Services may appoint such employees as are necessary for carrying out the duties prescribed to said commissioner by the general statutes.
Sec. 21. Section 4-5 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
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 Construction Services,] Commissioner of Consumer Protection, Commissioner of Correction, Commissioner of Economic and Community Development, State Board of Education, Commissioner of Emergency Services and Public Protection, Commissioner of Energy and 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 Social Services, Commissioner of Developmental Services, Commissioner of Motor Vehicles, Commissioner of Transportation, Commissioner of Veterans' Affairs, Commissioner of Housing, Commissioner of Rehabilitation Services 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 and the president of the Board of Regents for Higher Education.
Sec. 22. Section 4-38c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
There shall be within the executive branch of state government the following departments: Office of Policy and Management, Department of Administrative Services, Department of Revenue Services, Department of Banking, Department of Agriculture, Department of Children and Families, Department of Consumer Protection, Department of Correction, Department of Economic and Community Development, State Board of Education, Department of Emergency Services and Public Protection, Department of Energy and Environmental Protection, Department of Public Health, Board of Regents for Higher Education, Insurance Department, Labor Department, Department of Mental Health and Addiction Services, Department of Developmental Services, Department of Social Services, Department of Transportation, Department of Motor Vehicles [,] and Department of Veterans' Affairs. [and Department of Construction Services.]
Sec. 23. Section 4a-1a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) (1) Wherever the term "Commissioner of Public Works" or "Public Works Commissioner" is used in the following sections of the general statutes, the term "Commissioner of Administrative Services" shall be substituted in lieu thereof; and (2) wherever the term "Department of Public Works" is used in the following sections of the general statutes, the term "Department of Administrative Services" shall be substituted in lieu thereof: 1-205, 1-210, 2-71h, 3-10, 3-14b, 4-87, 4b-2, 4b-4, 4b-12, 4b-13, 4b-17, 4b-21, 4b-24a, 4b-25, 4b-27, 4b-29, 4b-30, 4b-30a, 4b-33, 4b-34, 4b-35, 4b-46, 4b-65, 4b-67, 4b-68, 4b-69, 4b-71, 4b-72, 4b-73, 4b-74, 4b-130, 4b-132, 8-37y, 10a-89, 10a-150, 13a-80i, 13b-42, 13b-55, 16a-38h, 17b-655, 18-31b, 20-68, 20-311b, 20-503, 22a-324, 31-250, 32-6, 32-228, 45a-80, 46a-29, 51-27a, 51-27c, 51-27d, 51-51k and 51-279.
(b) (1) Wherever the term "Commissioner of Construction Services" is used in the following sections of the general statutes, the term "Commissioner of Administrative Services" shall be substituted in lieu thereof; and (2) wherever the term "Department of Construction Services" is used in the following sections of the general statutes, the term "Department of Administrative Services" shall be substituted in lieu thereof: 3-20, 3-21d, 4-61, 4-89, 4b-1a, 4b-16, 4b-22a, 4b-24b, 4b-51, 4b-51a, 4b-53, 4b-54, 4b-55a, 4b-60, 4b-63, 4b-70, 4b-100, 4b-100a, 4b-102, 4b-103, 4b-133, 4b-134, 5-198, 7-323p, 10-220, 10-282, 10-283, 10-284, 10-285d, 10-285e, 10-285g, 10-286, 10-286d, 10-286e, 10-286g, 10-286h, 10-287, 10-287c, 10-287i, 10-289h, 10-290a, 10-290b, 10-290e, 10-290f, 10-291, 10-291a, 10-292q, 10a-109ff, 13b-20n, 15-120qq, 16a-37v, 16a-38, 16a-38a, 16a-38b, 16a-38d, 16a-38i, 16a-38j, 16a-38k, 16a-38l, 16a-39, 17a-27, 17a-27d, 17a-154, 17a-451b, 17b-739, 20-330, 21a-86f, 22-64, 22a-6, 22a-12, 22a-439a, 22a-459, 26-3, 27-45, 27-131, 29-109, 29-117, 29-127, 29-191, 29-192, 29-199, 29-200, 29-204, 29-221, 29-221 as amended by section 2 of public act 12-199, 29-222, 29-224b, 29-234, 29-235, 29-236, 29-237, 29-238, 29-239, 29-240, 29-244, 29-250, 29-251, 29-251a, 29-251b, 29-251c, 29-252, 29-252a, 29-254b, 29-256, 29-256a, 29-256b, 29-258, 29-261, 29-262, 29-262a, 29-263, 29-269a, 29-291, 29-298a, 29-313, 29-315, 29-315c, 29-317, 29-317, as amended by section 7 of public act 09-177, sections 1 and 6 of public act 10-54, section 90 of public act 11-51 and sections 3 and 4 of public act 12-60, 29-319, 29-320, 29-320, as amended by section 8 of public act 09-177, sections 2 and 6 of public act 10-54, section 90 of public act 11-51 and sections 3 and 4 of public act 12-60, 29-321, 29-325, 29-331, 29-331, as amended by section 14 of public act 09-177, section 6 of public act 10-54, section 90 of public act 11-51 and sections 3 and 4 of public act 12-60, 29-333, 29-337, 29-337, as amended by section 15 of public act 09-177, section 6 of public act 10-54, section 90 of public act 11-51 and sections 3 and 4 of public act 12-60, 29-338, 29-344, 29-345, 29-346, 29-349, 29-355, 29-359, 29-367, 29-367, as amended by section 18 of public act 09-177, sections 4 and 6 of public act 10-54, section 90 of public act 11-51 and sections 3 and 4 of public act 12-60, 29-401, 29-402, 29-403, 31-57, 32-612, 32-613, 32-655a, 32-656 and 49-41b.
(c) Wherever the term "Department of Construction Services" is used or referred to in any public or special act of 2013, or in any section of the general statutes which is amended in 2013, "Department of Administrative Services" shall be substituted in lieu thereof.
(d) Wherever the term "Commissioner of Construction Services" is used or referred to in any public or special act of 2013, or in any section of the general statutes which is amended in 2013, "Commissioner of Administrative Services" shall be substituted in lieu thereof.
[(b)] (e) 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. 24. Subsection (a) of section 4-256 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) On and after October 27, 2011, and prior to January 1, 2015, the Governor shall approve not more than five projects to be implemented as public-private partnership projects. The Governor shall not approve any such project unless the Governor finds that the project will result in job creation and economic growth. Any agency seeking to establish a public-private partnership shall, after consultation with the Commissioners of Economic and Community Development, [Construction Services] Administrative Services and Transportation, the State Treasurer and the Secretary of the Office of Policy and Management, submit one or more projects to the Governor for approval.
Sec. 25. Subsection (a) of section 4a-57d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) On or before January 1, 2012, the Commissioner of Administrative Services, in consultation with the Labor Commissioner, the president of The University of Connecticut and the [Commissioners of Construction Services and] Commissioner of Transportation, or their designees, shall submit a report, in accordance with the provisions of section 11-4a, to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to labor. Such report shall include (1) an analysis of any law or economic factor that results in a resident bidder being at a disadvantage to a nonresident bidder in submitting the lowest responsible qualified bid, (2) the reason any enacted law designed to give preference to state citizens for employment on public works projects is not being enforced, and (3) recommendations for administrative or legislative action, within the confines of clause 3 of section 8 of article 1 of the United States Constitution, to increase the number of state contracts awarded to resident bidders through an in-state contract preference or otherwise.
Sec. 26. Subsection (b) of section 4a-62 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) The committee may request any agency of the state authorized to award public works contracts or to enter into purchase of goods or services contracts to submit such information on compliance with sections 4a-60 and 4a-60g and at such times as the committee may require. The committee shall consult with the Departments of Administrative Services, [Construction Services,] Transportation and Economic and Community Development and the Commission on Human Rights and Opportunities concerning compliance with the state programs for minority business enterprises. The committee shall report annually on or before February first to the Joint Committee on Legislative Management on the results of its ongoing study and include its recommendations, if any, for legislation.
Sec. 27. Subsections (k) and (l) of section 4a-100 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(k) (1) Any substantial evidence of fraud in obtaining or maintaining prequalification or any materially false statement in the application, update statement or update bid statement may, in the discretion of the awarding authority, result in termination of any contract awarded the contractor by the awarding authority. The awarding authority shall provide written notice to the commissioner of such false statement not later than thirty days after discovering such false statement. The commissioner shall provide written notice of such false statement to the [Commissioner of Construction Services,] the Commissioner of Consumer Protection and the president of The University of Connecticut not later than thirty days after discovering such false statement or receiving such notice.
(2) The commissioner shall deny or revoke the prequalification of any contractor or substantial subcontractor if the commissioner finds that the contractor or substantial subcontractor, or a principal or key personnel of such contractor or substantial contractor, within the past five years (A) has included any materially false statement in a prequalification application, update statement or update bid statement, (B) has been convicted of, entered a plea of guilty or nolo contendere for, or admitted to, a crime related to the procurement or performance of any public or private construction contract, or (C) has otherwise engaged in fraud in obtaining or maintaining prequalification. Any revocation made pursuant to this subsection shall be made only after an opportunity for a hearing. Any contractor or substantial subcontractor whose prequalification has been revoked pursuant to this subsection shall be disqualified for a period of two years after which the contractor or substantial subcontractor may reapply for prequalification, except that a contractor or substantial subcontractor whose prequalification has been revoked on the basis of conviction of a crime or engaging in fraud shall be disqualified for a period of five years after which the contractor or substantial subcontractor may reapply for prequalification. The commissioner shall not prequalify a contractor or substantial subcontractor whose prequalification has been revoked pursuant to this subdivision until the expiration of said two-year, five-year, or other applicable disqualification period and the commissioner is satisfied that the matters that gave rise to the revocation have been eliminated or remedied.
(l) The commissioner shall provide written notice of any revocation, disqualification, reduction in classification or capacity rating or reinstated prequalification to [the Commissioner of Construction Services,] the Commissioner of Consumer Protection and the president of The University of Connecticut not later than thirty days after any final determination.
Sec. 28. Subsection (d) of section 4b-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(d) Notwithstanding any other statute or special act to the contrary, the Commissioner of Administrative Services shall be the sole person authorized to represent the state in its dealings with third parties for the construction, development, acquisition or leasing of real estate for housing the offices or equipment of all agencies of the state or for the state-owned public buildings or realty, [and the Commissioner of Construction Services shall be the sole person authorized to represent the state in its dealings with third parties for the construction or development of real estate or state-owned public buildings or realty,] as provided for in sections 2-90, 4b-1 to 4b-5, inclusive, 4b-21, 4b-23, as amended by this act, 4b-24, as amended by this act, 4b-26, 4b-27, 4b-30 and 4b-32, subsection (c) of section 4b-66 and sections 4b-67 to 4b-69, inclusive, 4b-71, 4b-72, [10-95, 10a-72, 10a-89, 10a-90,] 10a-114, 10a-130, 10a-144, 17b-655, 22-64, 22a-324, 26-3, 27-45, 32-1c, 32-39, 48-9, 51-27d and 51-27f, except that (1) the Joint Committee on Legislative Management may represent the state in the planning and construction of the Legislative Office Building and related facilities, in Hartford; (2) the Chief Court Administrator may represent the state in providing for (A) space for the Court Support Services Division as part of a new or existing contract for an alternative incarceration program pursuant to section 54-103b or a program developed pursuant to section 46b-121i, 46b-121j, 46b-121k or 46b-121l, or (B) other real estate needs of the Judicial Branch when delegated authority to do so by the Commissioner of Administrative Services; (3) [the board of trustees of a constituent unit of the state system of higher education may represent the state in the leasing of real estate for housing the offices or equipment of such constituent unit, provided no lease payments for such realty are made with funds generated from the general revenues of the state; (4)] the Labor Commissioner may represent the state in the leasing of premises required for employment security operations as provided in subsection (c) of section 31-250; [(5)] (4) the Commissioner of Developmental Services may represent the state in the leasing of residential property as part of the program developed pursuant to subsection (b) of section 17a-218, provided such residential property does not exceed two thousand five hundred square feet, for the community placement of persons eligible to receive residential services from the department; [(6)] (5) the Commissioner of Mental Health and Addiction Services may represent the state in the leasing of residential units as part of a program developed pursuant to section 17a-455a, provided each such residential unit does not exceed two thousand five hundred square feet; and [(7)] (6) the Connecticut Marketing Authority may represent the state in the leasing of land or markets under the control of the Connecticut Marketing Authority, and, except for the housing of offices or equipment in connection with the initial acquisition of an existing state mass transit system or the leasing of land by the Connecticut Marketing Authority for a term of one year or more in which cases the actions of the Department of Transportation and the Connecticut Marketing Authority shall be subject to the review and approval of the State Properties Review Board. The Commissioner of Administrative Services [shall have the power to] may establish and implement any procedures necessary for the commissioner to assume the commissioner's responsibilities as said sole bargaining agent for state realty acquisitions and shall perform the duties necessary to carry out such procedures. The Commissioner of Administrative Services [or the Commissioner of Construction Services] may appoint, within [each] the department's budget and subject to the provisions of chapter 67, such personnel deemed necessary by the [applicable] commissioner to carry out the provisions [hereof] of this section, including experts in real estate, construction operations, financing, banking, contracting, architecture and engineering. The Attorney General's office, at the request of the Commissioner of Administrative Services, shall assist the [Commissioner of Administrative Services] commissioner in contract negotiations regarding the purchase, [or] lease or construction of real estate. [, and, at the request of the Commissioner of Construction Services, shall assist said commissioner in contract negotiations regarding the construction of real estate.]
Sec. 29. Section 4b-23 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) As used in this section, "facility" means buildings and real property owned or leased by the state. The Secretary of the Office of Policy and Management shall establish guidelines which further define such term. All agencies and departments of the state shall notify the Secretary of the Office of Policy and Management of their facility needs including, but not limited to, the types of such facilities and the municipalities or general location for the facilities. Each agency and department shall continue long-range planning for facility needs, establish a plan for its long-range facility needs and submit such plan and related facility project requests to the Secretary of the Office of Policy and Management, and a copy thereof to the Commissioner of Administrative Services, on or before September first of each even-numbered year. Each such request shall be accompanied by a capital development impact statement, as required by section 4-66b, and a colocation statement, as required by section 4b-31, if the secretary so requires. Each agency and department shall base its long-term planning for facility needs on a program plan. The secretary shall establish a content guide and schedule for such plans. Each agency and department shall prepare its program plan in accordance with such guide and file it with the secretary pursuant to such schedule. Facility plans shall include, but not be limited to: Identification of (1) long-term and short-term facility needs, (2) opportunities for the substitution of state-owned space for leased space, (3) facilities proposed for demolition or abandonment which have potential for other uses, (4) space modifications or relocations that could result in cost or energy savings, and (5) facilities known to be brownfields. Each agency or department program plan and facility plan and its facility project requests shall cover a period of at least five years. The secretary shall provide agencies and departments with instructions for preparing program plans, long-term facility plans and facility project requests and shall provide appropriate programmatic planning assistance. The [Commissioners] Commissioner of Administrative Services [and Construction Services] shall assist agencies and departments with long-term facilities planning and the preparation of cost estimates for such plans and requests. The Secretary of the Office of Policy and Management shall review such plans and prepare an integrated state facility plan which meets the aggregate facility needs of the state. The secretary shall review the cost effective retrofit measures recommended to [him] the secretary by the Commissioner of [Construction] Administrative Services under subsection (b) of section 16a-38a, as amended by this act, and include in the plan those measures which would best attain the energy performance standards established under subdivision (1) of subsection (b) of section 16a-38, as amended by this act.
(b) On or before December first of each even-numbered year, the Commissioner of Administrative Services shall provide the Secretary of the Office of Policy and Management with a review of the plans and requests submitted pursuant to subsection (a) of this section for consistency with realistic cost factors, space requirements, space standards, implementation schedules, priority needs, objectives of the Commissioner of Administrative Services in carrying out his or her responsibilities under section 4b-30 and the need for the maintenance, improvement and replacement of state facilities.
(c) The Secretary of the Office of Policy and Management shall present a proposed state facility plan to the Properties Review Board on or before February fifteenth of each odd-numbered year. Such plan shall be known as the recommended state facility plan and shall include all leases and capital projects and a statement of the degree to which it promotes the colocation goals addressed in subsection (e) of section 4b-31. The secretary shall establish guidelines defining "capital projects". The Properties Review Board shall submit its recommendations to the secretary on or before March first of each odd-numbered year. The Properties Review Board recommendations shall address the goals described in subsection (e) of section 4b-31. The secretary shall present the recommended state facility plan to the General Assembly on or before March fifteenth of each odd-numbered year.
(d) Upon the approval by the General Assembly of the operating and capital budget appropriations, the Secretary of the Office of Policy and Management shall update and modify the recommended state facility plan, which shall then be known as the state facility plan. The state facility plan shall be used as an advisory document for the leasing of property for use by state agencies and departments and for related capital projects.
(e) Implementation of the state facility plan shall be the responsibility of the Commissioner of Administrative Services who shall conduct a study of each proposed facility in the plan to determine: (1) The method of choice for satisfying each such facility need, (2) the geographical areas best suited to such need, (3) the feasibility and cost of such acquisition using a life-cycle cost analysis as established by subdivision (2) of subsection (b) of section 16a-38, as amended by this act, (4) the degree to which the plan promotes the goals addressed in subsection (e) of section 4b-31, and (5) any other relevant factors. Said commissioner shall review and approve each facility plan implementation action and shall submit to the Properties Review Board a list of each such action approved and the method and plan by which it shall be accomplished. Said commissioner shall endeavor to locate human services agencies in the same buildings as municipal and private agencies that provide human services. The results of said commissioner's study along with all supportive materials shall be immediately sent to the Properties Review Board. The board shall meet to review the decision of the commissioner and may request the commissioner or any member of [his] the commissioner's department, and the head of the requesting agency or any of his or her employees to appear for the purpose of supplying pertinent information. Said board shall call a meeting [within] not later than two weeks [of] after the receipt of the commissioner's decision, and may meet as often as necessary, to review said decision. The board, [within] not later than ninety days after the receipt of the decision of the Commissioner of Administrative Services, shall either accept, reject or request modification of such decision, except that when more time is required, the board may have a ninety-day extension of time, provided the board shall advise the Commissioner of Administrative Services in writing as to the reasons for such extension of time. If such decision is disapproved by the board, it shall so inform the commissioner along with its reasons therefor, and the commissioner shall inform the head of the requesting agency and the Secretary of the Office of Policy and Management that its request has been rejected. If such decision is approved by the board it shall inform the commissioner of such approval and the commissioner shall immediately communicate his decision to the head or acting head of such governmental unit and to the Secretary of the Office of Policy and Management and shall set forth the procedures to be taken to accomplish the results of such decision. The decision to make public such decision shall rest solely with the Commissioner of Administrative Services both as to time and manner of disclosure, but in no event shall such period exceed one year. The commissioner shall, when he or she deems it to be in the public interest, authorize the disclosure of such information; however, in the absence of such authorization, any unauthorized disclosure shall be subject to the criminal provisions of section 4b-27. All decisions made by the commissioner under the provisions of this section shall require review by the board. Except as otherwise hereinafter provided, the approval or disapproval of the Properties Review Board shall be binding on the commissioner and the requesting agency with regard to the acquisition of any real estate by lease or otherwise, notwithstanding any other statute or special act to the contrary. A majority vote of the board shall be required to accept or reject a decision of the commissioner.
(f) [Within] Not later than forty-five days [from] after the date of the board's decision regarding the request of a governmental unit, the head or acting head of such unit shall notify the Commissioner of Administrative Services (1) that it accepts [his] the commissioner's decision, (2) that it rejects [his] the commissioner's decision and withdraws its request, or (3) that it does not approve such decision and requests that all or part of such decision be modified by the commissioner. When such modification is requested, the Commissioner of Administrative Services shall, [within] not later than three weeks [from] after receipt of such request, consider and act upon such request for modification and submit his or her decision to the Properties Review Board. If the commissioner and the board fail to agree to such modification in whole or in part, the governmental unit may, [within] not later than ten days [from] after the date of notification of such final decision, accept the commissioner's final decision, reject such decision and withdraw its request, or appeal to the Governor. Upon such appeal, the Commissioner of Administrative Services shall submit a report to the Governor stating the board's conclusions and supporting material therefor and the governmental agency shall submit a report to the Governor stating its objections to such decision and its supporting material therefor. The Governor shall, [within] not later than thirty days [of] after the receipt of such reports, make a decision which shall be binding on the parties involved. In the absence of any such appeal or withdrawal of request, the decision of the commissioner and the board shall be final and binding upon the governmental unit.
(g) After final action is taken approving any request or modification thereof, condemnation procedures shall continue to be prosecuted in the same manner as they were on July 1, 1975, by the agency involved, where such procedures are applicable and authorized by statute.
(h) Approval by the Properties Review Board shall not be required prior to State Bond Commission authorization of funds (1) for planning costs and other preliminary expenses for any construction or acquisition project, or (2) for any construction or acquisition project for which an architect was selected prior to July 1, 1975.
(i) As used in this subsection, (1) "project" means any state program, except the downtown Hartford higher education center project, as defined in subsection (l) of section 4b-55, as amended by this act, any school building project for the technical high school system and any construction project within the jurisdiction of the Board of Regents for Higher Education, requiring consultant services if the cost of such services is estimated to exceed one hundred thousand dollars [or, in the case of a constituent unit of the state system of higher education, the cost of such services is estimated to exceed three hundred thousand dollars,] or, in the case of a building or premises under the supervision of the Office of the Chief Court Administrator or property where the Judicial Department is the primary occupant, the cost of such services is estimated to exceed three hundred thousand dollars; (2) "consultant" means "consultant" as defined in section 4b-55, as amended by this act; and (3) "consultant services" means "consultant services" as defined in section 4b-55, as amended by this act. Any contracts entered into by the Commissioner of [Construction] Administrative Services with any consultants for employment (A) for any project under the provisions of this section, (B) in connection with a list established under subsection (d) of section 4b-51, as amended by this act, or (C) by task letter issued by the Commissioner of [Construction] Administrative Services to any consultant on such list pursuant to which the consultant will provide services valued in excess of one hundred thousand dollars, shall be subject to the approval of the Properties Review Board prior to the employment of [said] such consultant or consultants by the commissioner. The Properties Review Board shall, [within] not later than thirty days after receipt of such selection of or contract with any consultant, approve or disapprove the selection of or contract with any consultant made by the Commissioner of Construction Services pursuant to sections 4b-1 and 4b-55 to 4b-59, inclusive, as amended by this act. If upon the expiration of the thirty-day period a decision has not been made, the Properties Review Board shall be deemed to have approved such selection or contract.
(j) The Properties Review Board shall, [within] not later than thirty days after receipt, approve or disapprove the proposed acquisition by lease of any residential property by the Commissioner of Developmental Services pursuant to subsection (d) of section 4b-3, as amended by this act. If upon the expiration of such thirty-day period a decision has not been made, the Properties Review Board shall be deemed to have approved such lease.
(k) Any agency or department of state government requiring additional facilities not included in the state facility plan may submit a request to the Secretary of the Office of Policy and Management outlining the justification for its request. The agency or department shall also provide (1) in the case of a request not previously submitted to the secretary pursuant to subsection (a) of this section, the reasons why it was not so submitted, and (2) in the case of a request so submitted, sufficient new information to warrant reconsideration. Such request shall include a statement of the degree to which the proposed state facility plan promotes the goals addressed in subsection (e) of section 4b-31, if the secretary so requires. Such request shall also be accompanied by a capital development impact statement as required under section 4-66b, if the secretary so requires. Subsections (b) to (d), inclusive, of this section shall not apply to the review of such requests. Any such request for additional facilities which are determined by the Secretary of the Office of Policy and Management to be of emergency nature or the lack of which may seriously hinder the efficient operation of the state, may be approved by the Properties Review Board and the Secretary of the Office of Policy and Management and shall be known as an approval made during the interim between state facility plans. No action may be taken by the state to lease or construct such additional facilities unless the secretary makes such a determination.
(l) The Commissioner of Administrative Services shall monitor the amount of leased space being requested and the costs of all proposed and approved facility project actions and, in the case of space or facility projects for which bond funds were authorized, shall advise the Secretary of the Office of Policy and Management and the Governor when the space to be leased or the forecast costs to complete the project exceed the square footage amount or the cost levels in the approved state facility plan by ten per cent or more. Approval of the Secretary of the Office of Policy and Management, the Properties Review Board, the State Bond Commission and the Governor shall be required to continue the project.
(m) (1) Plans to construct, renovate or modify state-owned or occupied buildings shall provide for a portion of the total planned floor area of newly constructed state buildings or buildings constructed specifically for use by the state to be served by renewable sources of energy, including solar, wind, water and biomass sources, for use in space heating and cooling, domestic hot water and other applications. For the plan due December 1, 1979, the portion to be served by renewable energy sources shall be not less than five per cent of total planned new floor area. For each succeeding state facilities plan submitted after December 1, 1979, the portion of the total planned floor area of any additional newly constructed state buildings or buildings constructed specifically for use by the state to be served by renewable energy sources shall be increased by at least five per cent per year until a goal of fifty per cent of total planned floor area of any additional newly constructed state buildings or buildings constructed specifically for use by the state is reached. For any facility served by renewable energy sources in accordance with this subsection, not less than thirty per cent of the total energy requirements of any specific energy application, including, but not limited to, space heating or cooling and providing domestic hot water, shall be provided by renewable energy sources. The installation in newly constructed state buildings or buildings constructed specifically for use by the state of systems using renewable energy sources in accordance with this subsection, shall be subject to the life-cycle cost analysis provided for in section 16a-38. (2) The state shall fulfill the obligations imposed by subdivision (1) of this subsection unless such action would cause an undue economic hardship to the state.
(n) The recommended state facility plan shall include policies for:
(1) The encouragement of the acquisition, transfer and utilization of space in suitable buildings of historic, architectural or cultural significance, unless use of such space would not prove feasible and prudent compared with available alternatives;
(2) The encouragement of the location of commercial, cultural, educational and recreational facilities and activities within public buildings;
(3) The provision and maintenance of space, facilities and activities to the extent practicable, which encourage public access to and stimulate public pedestrian traffic around, into and through public buildings, permitting cooperative improvements to and uses of the areas between the building and the street, so that such activities complement and supplement commercial, cultural, educational and recreational resources in the neighborhood of public buildings;
(4) The encouragement of the public use of public buildings for cultural, educational and recreational activities;
(5) The encouragement of the ownership or leasing of modern buildings to replace obsolete facilities, achieve cost and energy efficiencies, maximize delivery of services to the public, preserve existing infrastructure and provide a comfortable and space-efficient work environment; and
(6) The encouragement of the establishment of child day care facilities and child development centers including provisions for (A) full-day and year-round programs for children of working parents, (B) opportunities for parents to choose among accredited public or private programs, (C) open enrollment for children in child day care and school readiness programs, and (D) incentives for the colocation and service integration of child day care programs and school readiness programs pursuant to section 4b-31.
(o) The Commissioner of Administrative Services shall adopt regulations, in consultation with the Secretary of the Office of Policy and Management and the State Properties Review Board, and in accordance with the provisions of chapter 54, setting forth the procedures which the Department of Administrative Services and said office and board shall follow in carrying out their responsibilities concerning state leasing of offices, space or other facilities. Such regulations shall specify, for each step in the leasing process at which an approval is needed in order to proceed to the next step, what information shall be required, who shall provide the information and the criteria for granting the approval. Notwithstanding any other provision of the general statutes, such regulations shall provide that: (1) The Commissioner of Administrative Services shall (A) review all lease requests included in, and scheduled to begin during, the first year of each approved state-wide facility and capital plan and (B) provide the Secretary of the Office of Policy and Management with an estimate of the gross cost and total square footage need for each lease, (2) the secretary shall approve a gross cost and a total square footage for each such lease and transmit each decision to the requesting agency, the commissioner and the State Properties Review Board, (3) the commissioner shall submit all leases, lease renewals and hold over agreements to the secretary for approval, and (4) the secretary shall approve or disapprove any such lease request or agreement not more than ten working days after the secretary receives the request or agreement.
Sec. 30. Subdivision (4) of section 4b-24 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(4) After the authorization of a project under the provisions of section 4b-23, as amended by this act, the Auditors of Public Accounts and the auditors or accountants of the Commissioner of Administrative Services [or the Commissioner of Construction Services, as applicable,] shall have the right to audit the books of any contractor employed by [either] the commissioner pursuant to such authorization, or of any party negotiating with the Commissioner of Administrative Services for the acquisition of land by lease or otherwise; provided any such audit shall be limited to the project authorized by the Commissioner of Administrative Services [or the Commissioner of Construction Services] and the Properties Review Board, and provided further that in the case of a party negotiating with the Commissioner of Administrative Services, such audit may also be conducted after the negotiations have ended, if a contract is consummated with [either] the commissioner.
Sec. 31. Section 4b-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Subject to the provisions of section 4b-30, the Commissioner of [Construction] Administrative Services may enter into contracts for the construction upon state-owned land of buildings or facilities or both, and [the Commissioner of Administrative Services may enter into contracts] for the subsequent leasing of such building or facilities to the state to meet the needs of agencies and institutions, without first leasing the underlying state-owned land to the developer. Such contracts shall contain provisions providing for the state to buy the buildings and facilities for a lump sum at stated times during or at the end of the lease term or, at the state's option, to buy the same by paying the purchase price in installments.
Sec. 32. Section 4b-52 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) (1) No repairs, alterations or additions involving expense to the state of five hundred thousand dollars or less or, in the case of repairs, alterations or additions to a building rented or occupied by the Judicial Branch, one million two hundred fifty thousand dollars or less [or, in the case of repairs, alterations or additions to a building rented or occupied by a constituent unit of the state system of higher education, two million dollars or less,] shall be made to any state building or premises occupied by any state officer, department, institution, board, commission or council of the state government and no contract for any construction, repairs, alteration or addition shall be entered into without the prior approval of the Commissioner of [Construction] Administrative Services, except repairs, alterations or additions to (A) a building under the supervision and control of the Joint Committee on Legislative Management, [and repairs, alterations or additions to] (B) a building under the supervision of [The University of Connecticut] any of the constituent units of the state system of higher education, and (C) a technical high school under the supervision of the Department of Education. Repairs, alterations or additions which are made pursuant to such approval of the Commissioner of [Construction] Administrative Services shall conform to all guidelines and procedures established by the Department of [Construction] Administrative Services for agency-administered projects. (2) Notwithstanding the provisions of subdivision (1) of this subsection, repairs, alterations or additions involving expense to the state of five hundred thousand dollars or less may be made to any state building or premises under the supervision of the Office of the Chief Court Administrator, [or a constituent unit of the state system of higher education,] under the terms of section 4b-11, and any contract for any such construction, repairs or alteration may be entered into by the Office of the Chief Court Administrator [or a constituent unit of the state system of higher education] without the approval of the Commissioner of [Construction] Administrative Services.
(b) Except as provided in this section, no repairs, alterations or additions involving an expense to the state of more than five hundred thousand dollars or, in the case of repairs, alterations or additions to a building rented or occupied by the Judicial Branch, more than one million two hundred fifty thousand dollars [, or, in the case of repairs, alterations or additions to a building rented or occupied by a constituent unit of the state system of higher education, more than two million dollars,] shall be made to any state building or premises occupied by any state officer, department, institution, board, commission or council of the state government, nor shall any contract for any construction, repairs, alteration or addition be entered into, until the Commissioner of [Construction] Administrative Services or, in the case of the construction or repairs, alterations or additions to a building under the supervision and control of the Joint Committee on Legislative Management of the General Assembly, said joint committee or, in the case of construction, repairs, alterations or additions to a building involving expenditures in excess of five hundred thousand dollars but not more than one million two hundred fifty thousand dollars under the supervision and control of the Judicial Branch, said Judicial Branch or, in the case of the construction, repairs, alterations or additions to a building [involving expenditures in excess of five hundred thousand dollars but not more than two million dollars] under the supervision and control of one of the constituent units of higher education, the constituent unit, has invited bids thereon and awarded a contract thereon, in accordance with the provisions of sections 4b-91 to 4b-96, inclusive, as amended by this act. The Commissioner of [Construction] Administrative Services, with the approval of the authority having the supervision of state employees or the custody of inmates of state institutions, without the necessity of bids, may employ such employees or inmates and purchase or furnish the necessary materials for the construction, erection, alteration, repair or enlargement of any such state building or premises occupied by any state officer, department, institution, board, commission or council of the state government.
(c) Whenever the Commissioner of [Construction] Administrative Services declares that an emergency condition exists at any state facility, other than a building under the supervision and control of the Joint Committee on Legislative Management, and that the condition would adversely affect public safety or the proper conduct of essential state government operations, or said joint committee declares that such an emergency exists at a building under its supervision and control, the commissioner or the joint committee may employ such assistance as may be required to restore facilities under their control and management, or the commissioner may so act upon the request of a state agency, to restore facilities under the control and management of such agency, without inviting bids as required in subsection (b) of this section. The commissioner shall take no action requiring the expenditure of more than five hundred thousand dollars to restore any facility under this subsection (1) without the written consent of the Governor, and (2) until the commissioner has certified to the joint committee of the General Assembly having cognizance of matters relating to legislative management that the project is of such an emergency nature that an exception to subsection (b) of this section is required. Such certification shall include input from all affected agencies, detail the need for the exception and include any relevant documentation. The provisions of this subsection shall not apply if any person is obligated under the terms of an existing contract with the state to render such assistance. The annual report of the commissioner shall include a detailed statement of all expenditures made under this subsection.
(d) The Commissioner of Administrative Services may, during the term of a lease of a building or premises occupied by any state offices, department, institution, board, commission or council of the state government, (1) renegotiate the lease in order to enable the lessor to make necessary alterations or additions up to a maximum amount of five hundred thousand dollars, [in consultation with the Commissioner of Construction Services] and subject to the approval of the State Properties Review Board, or (2) require that a security audit be conducted for such building or premises and, if necessary, renegotiate the lease in order to enable the lessor to make necessary alterations or additions to bring the building or premises into compliance with the security standards for state agencies established under section 4b-132. Alterations or additions under subdivision (2) of this subsection shall not be subject to the spending limit in subdivision (1) of this subsection, and a renegotiated lease under said subdivision (2) shall be subject to the approval of the State Properties Review Board, provided such approval requirement shall not compromise the security requirements of chapter 60a and this section. The commissioner shall determine the manner of submission, conditions and requirements of bids and awards made for alterations or additions under this subsection. No lease shall be renegotiated under this subsection for a term less than five years. As used in this subsection, "security" and "security audit" have the meanings assigned to such terms in section 4b-130.
Sec. 33. Section 4b-62 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The Commissioner of Administrative Services may accept and execute any trusts, testamentary or otherwise, created or established for the purpose of procuring, erecting and maintaining any memorial on public grounds or within public buildings of the state or any municipality therein, and the court of probate in which a will creating any such trust has been proved may appoint said commissioner as trustee to execute such trust without requiring said commissioner to furnish a probate bond as such trustee; but this section shall not be construed as empowering said commissioner to erect or maintain any such memorial upon the grounds or within or upon any public building belonging to the state without the consent of the General Assembly, nor upon any grounds nor within or upon any public building belonging to any city or town, without the consent of the common council of the city or the selectmen of the town, as the case may be. The commissioner shall not, without special authority from the General Assembly, [or without consultation with the Commissioner of Construction Services,] make, erect or remove from its location any statue or sculpture upon the property of the state.
Sec. 34. Subsection (a) of section 4b-66a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(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 Administrative Services, or the commissioner's designee; (3) the Commissioner of Economic and Community Development, or the commissioner's designee; (4) the chairperson of the Culture and Tourism Advisory Committee, or the chairperson's designee; (5) [the Commissioner of Construction Services, or the commissioner's designee; (6)] one member appointed by the speaker of the House of Representatives; [(7)] (6) one member appointed by the president pro tempore of the Senate; [(8)] (7) one member appointed by the majority leader of the House of Representatives; [(9)] (8) one member appointed by the majority leader of the Senate; [(10)] (9) one member appointed by the minority leader of the House of Representatives; [(11)] (10) one member appointed by the minority leader of the Senate; [(12)] (11) the chairperson of the Hartford Commission on the City Plan; [(13)] (12) one member appointed by the mayor of the city of Hartford; and [(14)] (13) one member from the South Downtown Neighborhood Revitalization Committee.
Sec. 35. Section 4b-76 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
In the event that a public or special act authorizes the state acquisition of real property or the construction, improvement, repair or renovation of any facility, the Commissioner of Administrative Services, in accordance with the provisions of this title, may acquire such real property and [the Commissioner of Construction Services may] provide design and construction services for any such construction, improvement, repair or renovation of such facility.
Sec. 36. Subsection (a) of section 4b-136 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There is established a State-Wide Security Management Council. The council shall consist of the following members or their designees: The Commissioner of Emergency Services and Public Protection, the Commissioner of Administrative Services, the Commissioner of Mental Health and Addiction Services, [the Commissioner of Construction Services,] the Secretary of the Office of Policy and Management, the Chief Court Administrator, the executive director of the Joint Committee on Legislative Management, a representative of the Governor, a representative of the State Employees Bargaining Agent Coalition, the president of the Connecticut State Police Union, the president of the Connecticut Police Chiefs Association and the president of the Uniformed Professional Fire Fighters Association. The Commissioner of Administrative Services shall serve as chairperson of the council. Each council member shall provide technical assistance in the member's area of expertise, as required by the council.
Sec. 37. Subsection (a) of section 4d-90 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There is established a Geospatial Information Systems Council consisting of the following members, or their designees: (1) The Secretary of the Office of Policy and Management; (2) the Commissioners of Energy and Environmental Protection, Economic and Community Development, Transportation, Public Health, [Construction Services,] Administrative Services, Agriculture, Emergency Services and Public Protection and Social Services; (3) the president of the Board of Regents for Higher Education; (4) the president of The University of Connecticut; (5) one member who is a user of geospatial information systems appointed by the president pro tempore of the Senate representing a municipality with a population of more than sixty thousand; (6) one member who is a user of geospatial information systems appointed by the minority leader of the Senate representing a regional planning agency; (7) one member who is a user of geospatial information systems appointed by the Governor representing a municipality with a population of less than sixty thousand but more than thirty thousand; (8) one member who is a user of geospatial information systems appointed by the speaker of the House of Representatives representing a municipality with a population of less than thirty thousand; (9) one member appointed by the minority leader of the House of Representatives who is a user of geospatial information systems; (10) the Adjutant General of the Military Department; and (11) any other persons the council deems necessary appointed by the council. The Governor shall select the chairperson from among the members. The chairperson shall administer the affairs of the council. Vacancies shall be filled by appointment by the authority making the appointment. Members shall receive no compensation for their services on said council, but shall be reimbursed for necessary expenses incurred in the performance of their duties. Said council shall hold one meeting each calendar quarter and such additional meetings as may be prescribed by council rules. In addition, special meetings may be called by the chairperson or by any three members upon delivery of forty-eight hours written notice to each member.
Sec. 38. Section 4e-8 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
There is established a Contracting Standards Advisory Council, which shall consist of representatives from the Office of Policy and Management, Departments of Administrative Services [,] and Transportation [and Construction Services] and representatives of at least three additional contracting agencies, including at least one human services related state agency, to be designated by the Governor. The Chief Procurement Officer shall be a member of the council and serve as chairperson. The advisory council shall meet at least four times per year to discuss state procurement issues and to make recommendations for improvement of the procurement processes to the State Contracting Standards Board. The advisory council may conduct studies, research and analyses and make reports and recommendations with respect to subjects or matters within the jurisdiction of the State Contracting Standards Board.
Sec. 39. Subsection (a) of section 5-142 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) If any member of the Division of State Police within the Department of Emergency Services and Public Protection or of any correctional institution, or any institution or facility of the Department of Mental Health and Addiction Services giving care and treatment to persons afflicted with a mental disorder or disease, or any institution for the care and treatment of persons afflicted with any mental defect, or any full-time enforcement officer of the Department of Energy and Environmental Protection, the Department of Motor Vehicles, the Department of Consumer Protection who carries out the duties and responsibilities of sections 30-2 to 30-68m, inclusive, the Office of Adult Probation, the division within the Department of [Construction] Administrative Services that carries out construction services or the Board of Pardons and Paroles, any probation officer for juveniles or any employee of any juvenile detention home, any member of the police or fire security force of The University of Connecticut, any member of the police or fire security force of Bradley International Airport, any member of the Office of State Capitol Police or any person appointed under section 29-18 as a special policeman for the State Capitol building and grounds and the Legislative Office Building and parking garage and related structures and facilities and other areas under the supervision and control of the Joint Committee on Legislative Management, the Chief State's Attorney, the Chief Public Defender, the Deputy Chief State's Attorney, the Deputy Chief Public Defender, any state's attorney, any assistant state's attorney or deputy assistant state's attorney, any public defender, assistant public defender or deputy assistant public defender, any chief inspector or inspector appointed under section 51-286 or any staff member or employee of the Division of Criminal Justice or of the Division of Public Defender Services, or any Judicial Department employee sustains any injury (1) while making an arrest or in the actual performance of such police duties or guard duties or fire duties or inspection duties, or prosecution or public defender or courthouse duties, or while attending or restraining an inmate of any such institution or as a result of being assaulted in the performance of such person's duty, or while responding to an emergency or code at a correctional institution, and (2) that is a direct result of the special hazards inherent in such duties, the state shall pay all necessary medical and hospital expenses resulting from such injury. If total incapacity results from such injury, such person shall be removed from the active payroll the first day of incapacity, exclusive of the day of injury, and placed on an inactive payroll. Such person shall continue to receive the full salary that such person was receiving at the time of injury subject to all salary benefits of active employees, including annual increments, and all salary adjustments, including salary deductions, required in the case of active employees, for a period of two hundred sixty weeks from the date of the beginning of such incapacity. Thereafter, such person shall be removed from the payroll and shall receive compensation at the rate of fifty per cent of the salary that such person was receiving at the expiration of said two hundred sixty weeks as long as such person remains so disabled, except that any such person who is a member of the Division of State Police within the Department of Emergency Services and Public Protection shall receive compensation at the rate of sixty-five per cent of such salary as long as such person remains so disabled. Such benefits shall be payable to a member of the Division of State Police after two hundred sixty weeks of disability only if the member elects in writing to receive such benefits in lieu of any benefits payable to the employee under the state employees retirement system. In the event that such disabled member of the Division of State Police elects the compensation provided under this subsection, no benefits shall be payable under chapter 568 or the state employees retirement system until the former of the employee's death or recovery from such disability. The provisions of section 31-293 shall apply to any such payments, and the state of Connecticut is authorized to bring an action or join in an action as provided by said section for reimbursement of moneys paid and which it is obligated to pay under the terms of this subsection. All other provisions of the workers' compensation law not inconsistent with this subsection, including the specific indemnities and provisions for hearing and appeal, shall be available to any such state employee or the dependents of such a deceased employee. All payments of compensation made to a state employee under this subsection shall be charged to the appropriation provided for compensation awards to state employees. On and after October 1, 1991, any full-time officer of the Department of Energy and Environmental Protection, the Department of Motor Vehicles, the Department of Consumer Protection who carries out the duties and responsibilities of sections 30-2 to 30-68m, inclusive, the Office of Adult Probation, the division within the Department of [Construction] Administrative Services that carries out construction services or the Board of Pardons and Paroles, any probation officer for juveniles or any employee of any juvenile detention home, the Chief State's Attorney, the Chief Public Defender, the Deputy Chief State's Attorney, the Deputy Chief Public Defender, any state's attorney, assistant state's attorney or deputy assistant state's attorney, any public defender, assistant public defender or deputy assistant public defender, any chief inspector or inspector appointed under section 51-286 or any staff member or employee of the Division of Criminal Justice or the Division of Public Defender Services, or any Judicial Department employee who sustains any injury in the course and scope of such person's employment shall be paid compensation in accordance with the provisions of section 5-143 and chapter 568, except, if such injury is sustained as a result of being assaulted in the performance of such person's duty, any such person shall be compensated pursuant to the provisions of this subsection.
Sec. 40. Section 10-264h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) For the fiscal year ending June 30, 2012, and each fiscal year thereafter, a local or regional board of education, regional educational service center, a cooperative arrangement pursuant to section 10-158a, or any of the following entities that operate an interdistrict magnet school that assists the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as determined by the Commissioner of Education: (1) The Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (2) the Board of Trustees of the Connecticut State University System on behalf of a state university, (3) the Board of Trustees for The University of Connecticut on behalf of the university, (4) the board of governors for an independent college or university, as defined in section 10a-37, or the equivalent of such a board, on behalf of the independent college or university, and (5) any other third-party not-for-profit corporation approved by the Commissioner of Education, may be eligible for reimbursement, except as otherwise provided for, up to eighty per cent of the eligible cost of any capital expenditure for the purchase, construction, extension, replacement, leasing or major alteration of interdistrict magnet school facilities, including any expenditure for the purchase of equipment, in accordance with this section. To be eligible for reimbursement under this section a magnet school construction project shall meet the requirements for a school building project established in chapter 173, except that the Commissioner of [Construction] Administrative Services, in consultation with the Commissioner of Education, may waive any requirement in such chapter for good cause. On and after July 1, 2011, the Commissioner of [Construction] Administrative Services shall approve only applications for reimbursement under this section that the Commissioner of Education finds will reduce racial, ethnic and economic isolation. Applications for reimbursement under this section for the construction of new interdistrict magnet schools shall not be accepted until the Commissioner of Education develops a comprehensive state-wide interdistrict magnet school plan, in accordance with the provisions of subdivision (1) of subsection (b) of section 10-264l, unless the Commissioner of Education determines that such construction will assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al.
(b) Subject to the provisions of subsection (a) of this section, the applicant shall receive current payments of scheduled estimated eligible project costs for the facility, provided (1) the applicant files an application for a school building project, in accordance with section 10-283, by the date prescribed by the Commissioner of Education, (2) final plans and specifications for the project are approved pursuant to sections 10-291 and 10-292, as amended by this act, and (3) such district submits to the Commissioner of Education, in such form as the commissioner prescribes, and the commissioner approves a plan for the operation of the facility which includes, but need not be limited to: A description of the educational programs to be offered, the completion date for the project, an estimated budget for the operation of the facility, written commitments for participation from the districts that will participate in the school and an analysis of the effect of the program on the reduction of racial, ethnic and economic isolation. The Commissioner of Education shall notify the Commissioner of [Construction] Administrative Services and the secretary of the State Bond Commission when the provisions of subdivisions (1) and (3) of this subsection have been met. Upon application to the Commissioner of Education, compliance with the provisions of subdivisions (1) and (3) of this subsection and after authorization by the General Assembly pursuant to section 10-283, the applicant shall be eligible to receive progress payments in accordance with the provisions of section 10-287i.
(c) (1) If the school building ceases to be used as an interdistrict magnet school facility and the grant was provided for the purchase or construction of the facility, the Commissioner of [Construction] Administrative Services, in consultation with the Commissioner of Education, shall determine whether (A) title to the building and any legal interest in appurtenant land shall revert to the state, or (B) the school district shall reimburse the state an amount equal to the difference between the amount received pursuant to this section and the amount the district would have been eligible to receive based on the percentage determined pursuant to section 10-285a, multiplied by the estimated eligible project costs.
(2) If the school building ceases to be used as an interdistrict magnet school facility and the grant was provided for the extension or major alteration of the facility, the school district shall reimburse the state the amount determined in accordance with subparagraph (B) of subdivision (1) of this subsection. A school district receiving a request for reimbursement pursuant to this subdivision shall reimburse the state not later than the close of the fiscal year following the year in which the request is made. If the school district fails to so reimburse the state, the Department of [Construction] Administrative Services may request the Department of Education to withhold such amount from the total sum which is paid from the State Treasury to such school district or the town in which it is located or, in the case of a regional school district, the towns which comprise the school district. If the amount paid from the State Treasury is less than the amount due, the [Department of Construction Services may refer the matter to the] Department of Administrative Services [for collection] shall collect such amount from the school district.
(d) The Commissioner of [Construction] Administrative Services shall provide for a final audit of all project expenditures pursuant to this section and may require repayment of any ineligible expenditures, except that the Commissioner of [Construction] Administrative Services may waive any audit deficiencies found during a final audit of all project expenditures pursuant to this section if the Commissioner of [Construction] Administrative Services determines that granting such waiver is in the best interest of the state.
Sec. 41. Subsection (a) of section 10-285b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) (1) Any incorporated or endowed high school or academy approved by the State Board of Education, pursuant to section 10-34, may apply and be eligible subsequently to be considered for school construction grant commitments from the state pursuant to this chapter.
(2) Applications pursuant to this subsection shall be filed at such time and on such forms as the Department of [Construction] Administrative Services prescribes. The Commissioners of Education and [Construction] Administrative Services shall approve such applications pursuant to the provisions of section 10-284.
(3) In the case of a school building project, as defined in subparagraph (A) of subdivision (3) of section 10-282, the amount of the grant approved by the Commissioner of [Construction] Administrative Services shall be computed pursuant to the provisions of section 10-286, and the eligible percentage shall be computed pursuant to the provisions of subsection (b) of this section. The calculation of the grant pursuant to this section shall be made in accordance with the state standard space specifications in effect at the time of final grant calculation.
Sec. 42. Section 10-292 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Upon receipt by the Commissioner of [Construction] Administrative Services of the final plans for any phase of a school building project as provided in section 10-291, said commissioner shall promptly review such plans and check them to the extent appropriate for the phase of development or construction for which final plans have been submitted to determine whether they conform with the requirements of the Fire Safety Code, the Department of Public Health, the life-cycle cost analysis approved by the Commissioner of [Construction] Administrative Services, the State Building Code and the state and federal standards for design and construction of public buildings to meet the needs of disabled persons, and if acceptable a final written approval of such phase shall be sent to the town or regional board of education and the school building committee. No phase of a school building project, subject to the provisions of subsection (c) or (d) of this section, shall go out for bidding purposes prior to such written approval.
(b) Notwithstanding the provisions of subsection (a) of this section, a town or regional school district may submit final plans and specifications for oil tank replacement, roof replacement, asbestos abatement, code violation, energy conservation, network wiring projects or projects for which state assistance is not sought, to the local officials having jurisdiction over such matters for review and written approval. The total costs for an asbestos abatement, code violation, energy conservation, or network wiring project eligible for review and approval under this subsection shall not exceed one million dollars. Except for projects for which state assistance is not sought and projects for which the town or regional school district is using a state contract pursuant to subsection (d) of this section, no school building project described in this subsection shall go out for bidding purposes prior to the receipt and acceptance by the Department of [Construction] Administrative Services of such written approval.
(c) On and after October 1, 1991, if the Commissioner of Construction Services does not complete his or her review pursuant to subsection (a) of this section, [within] not later than thirty days [from] after the date of receipt of final plans for a school building project, a town or regional school district may submit such final plans to local officials having jurisdiction over such matters for review and written approval. In such case, the school district shall notify the commissioner of such action and no such school building project shall go out for bidding purposes prior to the receipt by the commissioner of such written approval, except for projects for which the town or regional school district is using a state contract pursuant to subsection (d) of this section. Local building officials and fire marshals may engage the services of a code consultant for purposes of the review pursuant to this subsection, provided the cost of such consultant shall be paid by the school district.
(d) If the Department of Administrative Services [or the Department of Construction Services] makes a state contract available for use by towns or regional school districts, a town or regional school district may use such contract, provided the actual estimate for the school building project under the state contract is not given until receipt by the town or regional school district of approval of the plan pursuant to this section.
Sec. 43. Subsection (h) of section 16-50j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(h) Prior to commencing any hearing pursuant to section 16-50m, the council shall consult with and solicit written comments from (1) the Department of Energy and Environmental Protection, the Department of Public Health, the Council on Environmental Quality, the Department of Agriculture, the Public Utilities Regulatory Authority, the Office of Policy and Management, the Department of Economic and Community Development and the Department of Transportation, and (2) in a hearing pursuant to section 16-50m, for a facility described in subdivision (3) of subsection (a) of section 16-50i, the Department of Emergency Services and Public Protection, the Department of Consumer Protection, the Department of [Public Works] Administrative Services and the Labor Department. In addition, the Department of Energy and Environmental Protection shall have the continuing responsibility to investigate and report to the council on all applications which prior to October 1, 1973, were within the jurisdiction of the Department of Environmental Protection with respect to the granting of a permit. Copies of such comments shall be made available to all parties prior to the commencement of the hearing. Subsequent to the commencement of the hearing, said departments and council may file additional written comments with the council within such period of time as the council designates. All such written comments shall be made part of the record provided by section 16-50o. Said departments and council shall not enter any contract or agreement with any party to the proceedings or hearings described in this section or section 16-50p, that requires said departments or council to withhold or retract comments, refrain from participating in or withdraw from said proceedings or hearings.
Sec. 44. Section 16-50jj of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
At least once during the period of construction of an electric generating facility in this state, the Connecticut Siting Council, the Departments of [Construction] Administrative Services, Emergency Services, [and] Public Protection [,] and Consumer Protection [and Public Works,] and the Labor Department shall conduct a meeting to discuss and develop proposed resolutions for any known or potential safety issue at such facility. The council and said departments shall submit any such proposed resolutions to the special inspector provided for such facility, as required pursuant to section 16-50ii.
Sec. 45. Subsection (b) of section 22a-354i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) In adopting such regulations, the commissioner shall consider the guidelines for aquifer protection areas recommended in the report prepared pursuant to special act 87-63, as amended, and shall avoid duplication and inconsistency with other state or federal laws and regulations affecting aquifers. The regulations shall be developed in consultation with an advisory committee appointed by the commissioner. The advisory committee shall include the Commissioners of [Construction] Administrative Services and Public Health, or their designees, members of the public, and representatives of businesses affected by the regulations, agriculture, environmental groups, municipal officers and water companies.
Sec. 46. Section 29-201 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
As used in this chapter, unless the context clearly indicates otherwise:
[(a)] (1) "Passenger tramway" means a device used to transport passengers in cars on tracks or suspended in the air, or uphill on skis, by the use of steel cables, chains or belts or by ropes, and usually supported by trestles or towers with one or more spans, but shall not include any such device not available for public use and not subject to a fee for use of same. The term "passenger tramway" [shall include] includes the following: [(1)] (A) Two-car aerial passenger tramways, which are devices used to transport passengers in two open or enclosed cars attached to, and suspended from, a moving wire rope, or attached to a moving wire rope and supported on a standing wire rope, or similar devices; [(2)] (B) multicar aerial passenger tramways, which are devices used to transport passengers in several open or enclosed cars attached to, and suspended from, a moving wire rope, or attached to a moving wire rope and supported on a standing wire rope, or similar devices; [(3)] (C) skimobiles, which are devices in which a passenger car running on steel or wooden tracks is attached to and pulled by a steel cable, or similar devices; [(4)] (D) chair lifts, which are devices which carry passengers on chairs suspended in the air and attached to a moving cable, chain or link belt supported by trestles or towers with one or more spans, or similar devices; [(5)] (E) J bars, T bars, platter pulls and similar types of devices, which are means of transportation that pull skiers riding on skis by means of an attachment to a main overhead cable supported by trestles or towers with one or more spans; [(6)] and (F) rope tows, which are devices that pull the skiers riding on skis as the skier grasps the rope manually, or similar devices.
[(b)] (2) "Operator" means a person who owns or controls the operation of a passenger tramway or ski area. An operator of a passenger tramway shall be deemed not to be operating a common carrier.
[(c)] (3) "Department" means the Department of [Construction] Administrative Services.
[(d)] (4) "Commissioner" means the Commissioner of [Construction] Administrative Services.
[(e)] (5) "Skier" [shall include] includes the following: [(1)] (A) A person utilizing the ski area under control of the operator for the purpose of skiing, whether or not he or she is utilizing a passenger tramway; [(2)] and (B) a person utilizing the passenger tramway whether or not [that] such person is a skier, including riders on a passenger tramway operating during the nonskiing season.
Sec. 47. Section 29-232 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The Commissioner of [Construction] Administrative Services shall [formulate] adopt regulations in accordance with the provisions of chapter 54 for the design, construction, installation, repair, use and operation of boilers in Connecticut. Such regulations shall conform as nearly as possible to the Boiler Code of the American Society of Mechanical Engineers, and the National Board Inspection Code, both as amended, and shall prescribe requirements as to the construction, installation, repair, use and inspection of boilers in the interest of public safety. The Commissioner of [Construction] Administrative Services shall hold hearings for the purpose of securing aid in the formulation of such regulations. Such hearings shall be public and representatives of all parties interested shall be given an opportunity to be heard.
(b) Any person may apply to the State Building Inspector to grant variations or exemptions from, or approve equivalent or alternate compliance with, standards incorporated in the regulations adopted under the provisions of subsection (a) of this section, and the State Building Inspector or a designee may approve such variations, exemptions, or equivalent or alternate compliance where strict compliance with such provisions would cause practical difficulty or unnecessary hardship.
(c) Any person aggrieved by any decision of the State Building Inspector or the State Building Inspector's designee pursuant to subsection (b) of this section may appeal to the Commissioner of [Construction] Administrative Services or said commissioner's designee not later than thirty days after receipt of the notice of such decision. Any person aggrieved by any ruling of said commissioner or designee may appeal therefrom to the Superior Court in accordance with section 4-183.
Sec. 48. Section 29-233 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The [Department of Administrative Services may call upon the Commissioner of Construction Services to assist in formulating] Office of Policy and Management shall formulate the examination requirements and the examination questions for candidates for the positions of boiler inspectors within the Department of [Construction] Administrative Services. The Commissioner of [Construction] Administrative Services shall issue a commission as boiler inspector to any person employed as boiler inspector who has been in the Department of [Construction] Administrative Services after being appointed in accordance with the provisions of chapter 67 or certified as competent as a result of such examination.
Sec. 49. Section 29-312 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The Commissioner of [Construction] Administrative Services may appoint a Deputy State Fire Marshal who shall be subject to the supervision and direction of the Commissioner of [Construction] Administrative Services and be vested with all the powers conferred upon [said commissioner] the State Fire Marshal by section 29-310.
Sec. 50. Section 29-315a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
On or before July 1, 2005, each chronic and convalescent nursing home or rest home with nursing supervision licensed pursuant to chapter 368v shall submit a plan for employee fire safety training and education to the Departments of Public Health and [Construction] Administrative Services and the Labor Department. Such plan shall, at a minimum, comply with standards adopted by the federal Occupational Safety and Health Administration, including, but not limited to, standards listed in 29 CFR 1910.38, 1910.39 and 1910.157, as adopted pursuant to chapter 571, or 29 USC Section 651 et seq., as appropriate. The commissioners shall review each such plan and may make recommendations they deem necessary. Once approved or revised, such plan shall not be required to be resubmitted until further revised or there is a change of ownership of the nursing or rest home.
Sec. 51. Subsection (c) of section 31-57c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(c) The Commissioner of [Construction] Administrative Services may disqualify any contractor, for up to two years, from bidding on, applying for, or participating as a subcontractor under, contracts with the state, acting through any of its departments, commissions or other agencies, except the [Department of Administrative Services, the] Department of Transportation and the constituent units of the state system of higher education, for one or more causes set forth under subsection (d) of this section. The commissioner may initiate a disqualification proceeding only after consulting with the contract awarding agency, if any, and the Attorney General and shall provide notice and an opportunity for a hearing to the contractor who is the subject of the proceeding. The hearing shall be conducted in accordance with the contested case procedures set forth in chapter 54. The commissioner shall issue a written decision within ninety days of the last date of such hearing and state in the decision the reasons for the action taken and, if the contractor is being disqualified, the period of such disqualification. The existence of a cause for disqualification shall not be the sole factor to be considered in determining whether the contractor shall be disqualified. In determining whether to disqualify a contractor, the commissioner shall consider the seriousness of the contractor's acts or omissions and any mitigating factors. The commissioner shall send the decision to the contractor by certified mail, return receipt requested. The written decision shall be a final decision for the purposes of sections 4-180 and 4-183.
Sec. 52. Section 31-390 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The Labor Commissioner and the Commissioners of Economic and Community Development and [Construction] Administrative Services shall have the right of inspection of any such project at any time.
(b) The Labor Commissioner and the Commissioners of Economic and Community Development and [Construction] Administrative Services and the Secretary of the Office of Policy and Management are authorized to make orders, establish guidelines and adopt regulations under the provisions of chapter 54 with respect to the implementation of this chapter.
(c) At the request of the commissioners, any agency or department of the executive branch shall advise and assist the commissioners in the implementation of this chapter.
Sec. 53. Section 3-13c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Trust funds as used in sections 3-13 to 3-13e, inclusive, and 3-31b shall be construed to include Connecticut Municipal Employees' Retirement Fund A, Connecticut Municipal Employees' Retirement Fund B, [Soldiers, Sailors and Marines Fund,] State's Attorneys' Retirement Fund, Teachers' Annuity Fund, Teachers' Pension Fund, Teachers' Survivorship and Dependency Fund, School Fund, State Employees Retirement Fund, the Hospital Insurance Fund, Policemen and Firemen Survivor's Benefit Fund and all other trust funds administered, held or invested by the Treasurer.
Sec. 54. Section 27-138 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
[(a)] The Soldiers, Sailors and Marines Fund shall remain as established and shall be in the custody of the [Treasurer] American Legion as trustee of the fund and shall be administered by [the treasurer of] the American Legion. [The Treasurer shall invest the fund and shall reinvest as much of the fund as is not required for current disbursement in accordance with the provisions of part I of chapter 32. The interest accumulations of the fund so held in trust or so much thereof as is found necessary to carry out the purposes hereinafter stated shall be paid, upon the order of the Comptroller, upon such statements as the Comptroller may require, to the treasurer of the American Legion, who shall disburse the same, and the balance of said accumulations, except for a reserve of one hundred thousand dollars held in custody of the trustee for contingent purposes, shall at the end of each fiscal year be added to the principal of the fund. If the interest accumulations of the fund, together with available appropriations, if any, of other funds, are insufficient to carry out the purposes of this part, the Finance Advisory Committee, upon recommendation of the Governor, shall make appropriations therefor from the state General Fund, limited, however, for any fiscal year to amounts which, together with said interest accumulations for such year, shall not exceed the annual interest on thirty-five million dollars at the average rate of the investment yield earned during the preceding fiscal year on the Soldiers, Sailors and Marines Fund, provided, in case of disaster constituting an emergency, as declared by the Governor, the Finance Advisory Committee may make additional appropriations to the fund without regard to such limitation. Any amounts appropriated from the General Fund under the provisions of this subsection on or after July 1, 2002, and disbursed by the treasurer of the American Legion to carry out the purposes of this part, shall be repaid to said fund in accordance with the provisions of subsection (b) of this section. Payments to the treasurer of the American Legion shall be made at such definite and stated periods as are necessary to meet the convenience of the American Legion and said trustee; but each payment shall be made upon the order of the treasurer of the American Legion, approved by at least two of its executive officers or of a special committee thereof thereunto specially authorized.] The American Legion may consult with the Treasurer concerning investment of the fund. No part of the interest accumulation of the fund shall be expended for the purpose of maintaining the American Legion.
[(b) If in any fiscal year the interest earned on the principal of the Soldiers, Sailors and Marines Fund exceeds the expenditure level of said fund and there remains an outstanding balance in the cumulative amount to be repaid to the General Fund by the Soldiers, Sailors and Marines Fund under the provisions of subsection (a) of this section, the Comptroller may transfer any interest earned in excess of expenditure to the General Fund. Except as provided in this section, the Comptroller may not transfer interest earned on the principal of the Soldiers, Sailors and Marines Fund to the General Fund.]
Sec. 55. (NEW) (Effective July 1, 2014) (a) The American Legion shall, on or before January fifteenth biennially, cause an independent audit of the Soldiers, Sailors and Marines Fund, described in section 27-138 of the general statutes, as amended by this act. Such audit shall be conducted in accordance with sections 4-230 to 4-236, inclusive, of the general statutes and regulations adopted pursuant to section 4-236 of the general statutes. The audit report shall include: (1) A detailed description of the fund investments; (2) a description of investment returns, including interest, dividends, realized capital gains and unrealized capital gains organized by investment type; (3) a list of operating expenditures that describes the type, and includes the amount, of each expenditure; (4) a list of the number of grant recipients each month; (5) the fund balance for the current year, the amount of interest earned for the current year, the estimated fund balance for the subsequent year and the estimated interest earned for the subsequent year; and (6) any other information that is required to be reported to the Treasurer.
(b) Not later than seven business days after the American Legion receives the audit report of the independent audit described in subsection (a) of this section, the American Legion shall submit to the Treasurer and the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding and veterans a copy of such report. The American Legion shall make such report available to the public in paper and electronic form.
Sec. 56. Section 36a-42 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
A financial institution may not disclose to any person, except to the customer or the customer's duly authorized agent, any financial records relating to such customer unless the customer has authorized disclosure to such person or the financial records are disclosed in response to (1) a certificate signed by the Commissioner of Administrative Services or the Commissioner of Social Services pursuant to the provisions of section 17b-137, (2) a lawful subpoena, summons, warrant or court order as provided in section 36a-43, (3) interrogatories by a judgment creditor or a demand by a levying officer as provided in sections 52-351b and 52-356a, (4) a certificate issued by a medical provider or its attorney under subsection (b) of section 17b-124, provided nothing in this subsection shall require the provider or its attorney to furnish to the financial institution any application for medical assistance filed pursuant to an agreement with the IV-D agency under subsection (c) of section 17b-137, (5) [a certificate signed by the Commissioner of Veterans' Affairs pursuant to section 27-117, (6)] the consent of an elderly person or the representative of such elderly person provided to a person, department, agency or commission pursuant to section 17b-454, provided the financial institution shall have no obligation to determine the capacity of such elderly person or the representative of such elderly person to provide such consent, or [(7)] (6) a request for information served upon a financial institution in accordance with subsection (e) of section 12-162.
Sec. 57. (Effective July 1, 2013) Notwithstanding the provisions of section 165 of public act 11-61, as amended by section 11 of public act 11-1 of the June special session, no unclassified officer or employee whose salary grade is included in the executive pay plan established by the Commissioner of Administrative Services shall receive an increase in salary for the fiscal years beginning July 1, 2013, and July 1, 2014, except as provided in section 37 of public act 12-1 of the December special session.
Sec. 58. Section 4b-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The Commissioner of [Construction] Administrative Services shall (1) be responsible for the administrative functions of construction and planning of all capital improvements undertaken by the state, except (A) highway and bridge construction, the construction and planning of capital improvements related to mass transit, marine and aviation transportation, (B) the Connecticut Marketing Authority, (C) planning and construction of capital improvements to the State Capitol building or the Legislative Office Building and related facilities by the Joint Committee on Legislative Management, (D) any project as defined in subdivision (16) of section 10a-109c, undertaken by The University of Connecticut, [and] (E) school building projects for the technical high school system, (F) any construction projects within the jurisdiction of the Board of Regents for Higher Education, and (G) construction and planning of capital improvements related to the Judicial Department if such construction and planning do not constitute a project within the meaning of subsection (g) of section 4b-55, as amended by this act, including the preparation of preliminary plans, estimates of cost, development of designs, working plans and specifications, award of contracts and supervision and inspection. For the purposes of this subparagraph [(E)] (G), the term "Judicial Department" does not include the courts of probate, the Division of Criminal Justice and the Public Defender Services Commission, except where such agencies share facilities in state-maintained courts; (2) select consultant firms in accordance with the provisions of sections 4b-56 to 4b-59, inclusive, as amended by this act, to assist in the development of plans and specifications when in the commissioner's judgment such assistance is desirable; (3) render technical advice and service to all state agencies in the preparation and correlation of plans for necessary improvement of their physical plants; and (4) cooperate with those charged with fiscal programming and budget formulation in the development of a capital program and a capital budget for the state.
Sec. 59. Subsection (a) of section 4b-51 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The Commissioner of [Construction] Administrative Services shall have charge and supervision of the remodeling, alteration, repair or enlargement of any real asset, except any dam, flood or erosion control system, highway, bridge or any mass transit, marine or aviation transportation facility, a facility of the Connecticut Marketing Authority, an asset of the Department of Agriculture program established pursuant to section 26-237a, or any building under the supervision and control of the Joint Committee on Legislative Management, involving an expenditure in excess of five hundred thousand dollars, and except that (1) the Judicial Branch may have charge and supervision of the remodeling, alteration, repair, construction or enlargement of any real asset involving an expenditure of not more than one million two hundred fifty thousand dollars, (2) each constituent unit of the state system of higher education may have charge and supervision of the remodeling, alteration, repair, construction or enlargement of any real asset [involving an expenditure of not more than two million dollars, and (3) The University of Connecticut shall have charge and supervision of the remodeling, alteration, repair, construction, or enlargement] and, in the case of The University of Connecticut, of any project, as defined in subdivision (16) of section 10a-109c, notwithstanding the amount of the expenditure involved, and (3) the Department of Education may have charge and supervision of school building projects for the technical high school system, pursuant to section 10-283b, as amended by this act. In any decision to remodel, alter, repair or enlarge any real asset, the commissioner shall consider the capability of the real asset to facilitate recycling programs.
Sec. 60. Section 4b-55 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
As used in this section, section 4b-1, as amended by this act, and sections 4b-56 to 4b-59, inclusive, as amended by this act, unless the context clearly requires otherwise:
(a) "Commissioner" means the Commissioner of [Construction] Administrative Services;
(b) "Consultant" means (1) any architect, professional engineer, landscape architect, land surveyor, accountant, interior designer, environmental professional or construction administrator, who is registered or licensed to practice such person's profession in accordance with the applicable provisions of the general statutes, or (2) any planner or financial specialist;
(c) "Consultant services" shall include those professional services rendered by architects, professional engineers, landscape architects, land surveyors, accountants, interior designers, environmental professionals, construction administrators, planners or financial specialists, as well as incidental services that members of these professions and those in their employ are authorized to perform;
(d) "University of Connecticut library project" means a project to renovate and improve the Homer Babbidge Library at The University of Connecticut;
(e) "Firm" means any individual, partnership, corporation, joint venture, association or other legal entity (1) authorized by law to practice the profession of architecture, landscape architecture, engineering, land surveying, accounting, interior design, environmental or construction administration, or (2) practicing the profession of planning or financial specialization;
[(f) "Priority higher education facility project" means any project which is part of a state program to repair, renovate, enlarge, equip, purchase or construct (1) instructional facilities, (2) academic core facilities, including library, research and laboratory facilities, (3) student residential or related student dining facilities, or (4) utility systems related to such projects, which are or will be operated under the jurisdiction of the board of trustees of any constituent unit of the state system of higher education, except The University of Connecticut provided the project is included in the comprehensive facilities master plan of the constituent unit in the most recent state facility plan of the Office of Policy and Management pursuant to section 4b-23;]
[(g)] (f) "Project" means any state program requiring consultant services if the cost of such services is estimated to exceed three hundred thousand dollars;
[(h)] (g) "Selection panel" or "panel" means the State Construction Services Selection Panel established pursuant to subsection (a) of section 4b-56, as amended by this act, or, in the case of a Connecticut Health and Education Facilities Authority project pursuant to section 10a-186a, means the Connecticut Health and Education Facilities Authority Construction Services Panel established pursuant to subsection (c) of section 4b-56, as amended by this act;
[(i)] (h) "User agency" means the state department or agency requesting the project or the agency for which such project is being undertaken pursuant to law;
[(j)] (i) "Community court project" means (1) any project to renovate and improve a facility designated for the community court established pursuant to section 51-181c, and (2) the renovation and improvement of other state facilities required for the relocation of any state agency resulting from the placement of the community court;
[(k)] (j) "Connecticut Juvenile Training School project" means a project (1) to develop on a designated site new facilities for a Connecticut Juvenile Training School in Middletown including, but not limited to, preparing a feasibility study for, designing, constructing, reconstructing, improving or equipping said facility for use by the Department of Children and Families, which is an emergency project because there is an immediate need for completion of said project to remedy overcrowding at Long Lane School; said school shall have an annual average daily population of not more than two hundred forty residents; or (2) to develop a separate facility for girls including, but not limited to, acquiring of land or buildings, designing, constructing, reconstructing, improving or equipping said facility for use by the Department of Children and Families;
[(l)] (k) "Downtown Hartford higher education center project" means a project to develop a higher education center, as defined in subparagraph (B) of subdivision (2) of section 32-600, and as described in subsection (a) of section 32-612, for the regional community-technical college system;
[(m)] (l) "Correctional facility project" means any project (1) which is part of a state program to repair, renovate, enlarge or construct facilities which are or will be operated by the Department of Correction, and (2) for which there is an immediate need for completion in order to remedy prison and jail overcrowding; and
[(n)] (m) "Juvenile detention center project" means any project (1) which is part of a state program to repair, renovate, enlarge or construct juvenile detention centers which are or will be operated by the Judicial Department, and (2) for which there is an immediate need for completion in order to remedy overcrowding.
Sec. 61. Section 4b-56 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There shall be established within the Department of [Construction] Administrative Services state construction services selection panels which shall consist of five members. Four of such members shall be appointed by the commissioner, shall serve only for deliberations involving the project for which such members are appointed, and shall be current or retired employees of the Department of [Construction] Administrative Services. The remaining member shall be appointed by the head or acting head of the user agency and shall serve only for deliberations involving the project for which such member is appointed.
(b) The selection panels shall not be deemed to be a board or commission within the meaning of section 4-9a.
[(c) There shall be established within the Department of Construction Services Connecticut Health and Education Facilities Authority construction services panels which shall consist of five members. Three of such members shall be appointed by the Commissioner of Construction Services, shall serve only for deliberations involving the project for which such members are appointed and shall be current employees of the Department of Construction Services. The remaining members shall be appointed by the head or acting head of the user agency and shall serve only for deliberations involving the project for which such members are appointed.
(d) The panels established pursuant to subsection (c) of this section shall not be deemed to be a board or commission within the meaning of section 4-9a. Such panels shall be the selection panels only for Connecticut Health and Education Facilities Authority projects pursuant to section 10a-89b.]
[(e)] (c) There shall be established, within the Department of [Construction] Administrative Services, a State Construction Services Selection Panel that shall consist of five members. Such members shall be appointed by the commissioner, shall be current employees of the Department of [Construction] Administrative Services or any agency for which consultant services may be contracted, and shall serve only for deliberations involving the selection of consultants under subsection (d) of section 4b-51 for which the employees are appointed.
[(f)] (d) The panel established pursuant to subsection [(e)] (c) of this section shall not be deemed to be a board or commission within the meaning of section 4-9a.
Sec. 62. Subsection (a) of section 4b-58 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) (1) Except in the case of a project, [a priority higher education facility project,] a project, as defined in subdivision (16) of section 10a-109c, undertaken by The University of Connecticut, a community court project, a correctional facility project, a juvenile detention center project, and the downtown Hartford higher education center project, the commissioner shall negotiate a contract for consultant services with the firm most qualified, in the commissioner's judgment, at compensation which the commissioner determines is both fair and reasonable to the state. (2) In the case of a project, the commissioner shall negotiate a contract for such services with the most qualified firm from among the list of firms submitted by the panel at compensation which the commissioner determines in writing to be fair and reasonable to the state. If the commissioner is unable to conclude a contract with any of the firms recommended by the panel, the commissioner shall, after issuing written findings of fact documenting the reasons for such inability, negotiate with those firms which the commissioner determines to be most qualified, at fair and reasonable compensation, to render the particular consultant services under consideration. (3) Whenever consultant services are required for [a priority higher education facility project,] a project involving the construction, repair or alteration of a building or premises under the supervision of the Office of the Chief Court Administrator or property where the Judicial Department is the primary occupant, a community court project, a correctional facility project, a juvenile detention center project, or the downtown Hartford higher education center project, the commissioner shall select and interview at least three consultants or firms and shall negotiate a contract for consultant services with the firm most qualified, in the commissioner's judgment, at compensation which the commissioner determines is both fair and reasonable to the state, except that if, in the opinion of the commissioner, the Connecticut Juvenile Training School project needs to be expedited in order to meet the needs of the Department of Children and Families, the commissioner may waive such selection requirement. Except for the downtown Hartford higher education center project, the commissioner shall notify the State Properties Review Board of the commissioner's action not later than five business days after such action for its approval or disapproval in accordance with subsection (i) of section 4b-23, as amended by this act, except that if, not later than fifteen days after such notice, a decision has not been made, the board shall be deemed to have approved such contract.
Sec. 63. Section 4b-91 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Every contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or any other public work by the state except a public highway or bridge project or any other construction project administered by the Department of Transportation, which is estimated to cost more than five hundred thousand dollars, except (1) a contract awarded by the Commissioner of [Construction] Administrative Services for [(1)] (A) a community court project, as defined in subsection (j) of section 4b-55, as amended by this act, [(2)] (B) the downtown Hartford higher education center project, as defined in subsection (l) of section 4b-55, as amended by this act, [(3)] (C) a correctional facility project, as defined in subsection (m) of section 4b-55, as amended by this act, [(4)] or (D) a juvenile detention center project, as defined in subsection (n) of section 4b-55, as amended by this act, [or (5) a student residential facility for the Connecticut State University System that is a priority higher education facility project, as defined in subsection (f) of section 4b-55,] (2) a school building project for the technical high school system, and (3) a construction project under the jurisdiction of the Board of Regents for Higher Education, shall be awarded to the lowest responsible and qualified general bidder who is prequalified pursuant to section 4a-100 on the basis of competitive bids in accordance with the procedures set forth in this chapter, after the Commissioner of [Construction] Administrative Services or, in the case of a contract for the construction of or work on a building or other public work under the supervision and control of the Joint Committee on Legislative Management of the General Assembly, the joint committee [or, in the case of a contract for the construction of or work on a building or other public work under the supervision and control of one of the constituent units of the state system of higher education, the constituent unit,] has invited such bids by notice posted on the State Contracting Portal. Every contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or any other public work by a public agency that is paid for, in whole or in part, with state funds and that is estimated to cost more than five hundred thousand dollars, except a public highway or bridge project or any other construction project administered by the Department of Transportation, shall be awarded to a bidder that is prequalified pursuant to section 4a-100 after the public agency has invited such bids by notice posted on the State Contracting Portal. The Commissioner of [Construction] Administrative Services, the joint committee [, the constituent unit] or the public agency, as the case may be, shall indicate the prequalification classification required for the contract in such notice. As used in this section, "prequalification classification" means the prequalification classifications established by the Commissioner of Administrative Services pursuant to section 4a-100. As used in this section, "public agency" means public agency, as defined in section 1-200.
(b) The Commissioner of [Construction] Administrative Services [,] or the joint committee, [or the constituent unit,] as the case may be, shall determine the manner of submission and the conditions and requirements of such bids, and the time within which the bids shall be submitted, consistent with the provisions of sections 4b-91 to 4b-96, inclusive, as amended by this act. Such award shall be made not later than ninety days after the opening of such bids. If the general bidder selected as the general contractor fails to perform the general contractor's agreement to execute a contract in accordance with the terms of the general contractor's general bid and furnish a performance bond and also a labor and materials or payment bond to the amount specified in the general bid form, an award shall be made to the next lowest responsible and qualified general bidder. No employee of the Department of [Construction] Administrative Services, the joint committee or a constituent unit with decision-making authority concerning the award of a contract and no public official, as defined in section 1-79, may communicate with any bidder prior to the award of the contract if the communication results in the bidder receiving information about the contract that is not available to other bidders, except that if the lowest responsible and qualified bidder's price submitted is in excess of funds available to make an award, the Commissioner of [Construction] Administrative Services [,] or the Joint Committee on Legislative Management, or the constituent unit, as the case may be, may negotiate with such bidder and award the contract on the basis of the funds available, without change in the contract specifications, plans and other requirements. If the award of a contract on said basis is refused by such bidder, the Commissioner of [Construction] Administrative Services [,] or the Joint Committee on Legislative Management, or the constituent unit, as the case may be, may negotiate with other contractors who submitted bids in ascending order of bid prices without change in the contract, specifications, plans and other requirements. In the event of negotiation with general bidders as provided in this section, the general bidder involved may negotiate with subcontractors on the same basis, provided such general bidder shall negotiate only with subcontractors named on such general bidder's general bid form.
(c) No person may bid on a contract or perform work pursuant to a contract that is subject to the provisions of subsection (a) of this section unless the person is prequalified in accordance with section 4a-100.
(d) Each bid submitted for a contract described in subsection (c) of this section shall include an update bid statement in such form as the Commissioner of Administrative Services prescribes and, if required by the public agency soliciting such bid, a copy of the prequalification certificate issued by the Commissioner of Administrative Services. The form for such update bid statement shall provide space for information regarding all projects completed by the bidder since the date the bidder's prequalification certificate was issued or renewed, all projects the bidder currently has under contract, including the percentage of work on such projects not completed, the names and qualifications of the personnel who will have supervisory responsibility for the performance of the contract, any significant changes in the bidder's financial position or corporate structure since the date the certificate was issued or renewed, any change in the contractor's qualification status as determined by the provisions of subdivision (6) of subsection (c) of section 4a-100 and such other relevant information as the Commissioner of Administrative Services prescribes. Any bid submitted without a copy of the prequalification certificate, if required by the public agency soliciting such bid, and an update bid statement shall be deemed invalid. Any public agency that accepts a bid submitted without a copy of such prequalification certificate, if required by such public agency soliciting such bid, and an update bid statement may become ineligible for the receipt of funds related to such bid.
(e) Any person who bids on a contract described in subsection (c) of this section shall certify under penalty of false statement at the conclusion of the bidding process that the information in the bid is true, that there has been no substantial change in the bidder's financial position or corporate structure since the bidder's most recent prequalification certificate was issued or renewed, other than those changes noted in the update bid statement, and that the bid was made without fraud or collusion with any person.
(f) Any person who receives information from a state employee or public official that is not available to the general public concerning any construction, reconstruction, alteration, remodeling, repair or demolition project on a public building or any other public work prior to the date that a notice for bids on the project is posted shall be disqualified from bidding on the project.
(g) Notwithstanding the provisions of this chapter regarding competitive bidding procedures, the commissioner may select and interview at least three responsible and qualified general contractors who are prequalified pursuant to section 4a-100 and submit the three selected contractors to the construction services award panels process described in section 4b-100a and any regulation adopted by the commissioner. The commissioner may negotiate with the successful bidder a contract which is both fair and reasonable to the state for a community court project, as defined in subsection (j) of section 4b-55, as amended by this act, the downtown Hartford higher education center project, as defined in subsection (l) of section 4b-55, as amended by this act, a correctional facility project, as defined in subsection (m) of section 4b-55, as amended by this act, or a juvenile detention center project, as defined in subsection (n) of section 4b-55, as amended by this act. [, or a student residential facility for the Connecticut State University System that is a priority higher education facility project, as defined in subsection (f) of section 4b-55.] The Commissioner of [Construction] Administrative Services, prior to entering any such contract or performing any work on such project, shall submit such contract to the State Properties Review Board for review and approval or disapproval by the board, pursuant to subsection (i) of this section. Any general contractor awarded a contract pursuant to this subsection shall be subject to the same requirements concerning the furnishing of bonds as a contractor awarded a contract pursuant to subsection (b) of this section.
(h) Any agency that seeks to have a project awarded without being subject to competitive bidding procedures shall certify to the joint committee of the General Assembly having cognizance of matters relating to government administration and elections that the project is of such an emergency nature that an exception to the competitive bidding procedures of this section is required. Such certification shall include input from all affected agencies, detail the need for the exception and include any relevant documentation.
(i) In the event that the General Assembly approves legislation authorizing an exception to the competitive bidding process for a project, the State Properties Review Board shall complete a review of the contract for such project and approve or disapprove such contract no later than thirty days after the Commissioner of [Construction] Administrative Services submits such contract to the board. Such review shall be conducted in accordance with the provisions of section 4b-3, as amended by this act. In the event that such review does not occur within the thirty-day period prescribed by this subsection, such contract shall be deemed to be approved.
(j) On and after October 5, 2009, no person whose subcontract exceeds five hundred thousand dollars in value may perform work as a subcontractor on a project for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or any other public work by the state or a municipality, except (1) a public highway or bridge project or any other construction project administered by the Department of Transportation, which project is estimated to cost more than five hundred thousand dollars and is paid for, in whole or in part, with state funds, (2) a school building project for the technical high school system, and (3) any construction project under the jurisdiction of the Board of Regents for Higher Education, unless the person is prequalified in accordance with section 4a-100. The provisions of this subsection shall not apply to a project described in subdivision (2) of subsection (a) of this section.
Sec. 64. Section 10-283b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) [On and after July 1, 2011, the Commissioner of Construction Services shall include school building projects for the technical high schools on the list developed pursuant to section 10-283. The adoption of the list by the General Assembly and authorization by the State Bond Commission of the issuance of bonds pursuant to section 10-287d shall fund the full cost of the projects.] On or after July 1, [2011] 2013, the Commissioner of [Construction Services, in consultation with the Commissioner of Education,] Education may approve applications for grants to assist school building projects for the technical high school system to remedy damage from fire and catastrophe, to correct safety, health and other code violations, to replace roofs, to remedy a certified school indoor air quality emergency, or to purchase and install portable classroom buildings at any time within the limit of available grant authorization and to make payments on such a project within the limit of appropriated funds, provided portable classroom building projects do not create a new facility or cause an existing facility to be modified so that the portable buildings comprise a substantial percentage of the total facility area, as determined by the Commissioner of [Construction Services. Such projects shall be subject to the requirements of chapters 59 and 60.] Education. The approval of applications for grants to assist school building projects for the technical high school system by the Commissioner of Education and authorization by the State Bond Commission of the issuance of bonds pursuant to section 10-287d, as amended by this act, shall fund the full cost of the projects.
(b) The Department of [Construction Services] Education shall ensure that an architect and a construction manager or construction administrator hired to work on a project pursuant to subsection (a) of this section are not related persons as defined in subdivision (18) of subsection (a) of section 12-218b.
(c) The State Treasurer is authorized and directed, subject to and in accordance with the provisions of section 3-20, to issue bonds of the state from time to time in one or more series for the purposes of school building projects of technical high schools under this section. Bonds of each series shall bear such date or dates and mature at such time or times not exceeding thirty years from their respective dates and be subject to such redemption privileges, with or without premium, as may be fixed by the State Bond Commission. They shall be sold at not less than par and accrued interest and the full faith and credit of the state is pledged for the payment of the interest thereon and the principal thereof as the same shall become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the State Treasurer shall pay such principal and interest as the same become due. The State Treasurer is authorized to invest temporarily in direct obligations of the United States, United States agency obligations, certificates of deposit, commercial paper or bank acceptances such portion of the proceeds of such bonds or of any notes issued in anticipation thereof as may be deemed available for such purpose.
Sec. 65. Subdivision (2) of subsection (a) of section 10-283 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(2) The Commissioner of Education shall assign each school building project to a category on the basis of whether such project is primarily required to: (A) Create new facilities or alter existing facilities to provide for mandatory instructional programs pursuant to this chapter, for physical education facilities in compliance with Title IX of the Elementary and Secondary Education Act of 1972 where such programs or such compliance cannot be provided within existing facilities or for the correction of code violations which cannot be reasonably addressed within existing program space; (B) create new facilities or alter existing facilities to enhance mandatory instructional programs pursuant to this chapter or provide comparable facilities among schools to all students at the same grade level or levels within the school district unless such project is otherwise explicitly included in another category pursuant to this section; and (C) create new facilities or alter existing facilities to provide supportive services, provided in no event shall such supportive services include swimming pools, auditoriums, outdoor athletic facilities, tennis courts, elementary school playgrounds, site improvement or garages or storage, parking or general recreation areas. All applications submitted prior to July first shall be reviewed promptly by the Commissioner of Education, who shall forward such application to the Commissioner of [Construction] Administrative Services. The Commissioner of [Construction] Administrative Services shall estimate the amount of the grant for which such project is eligible, in accordance with the provisions of section 10-285a, provided an application for a school building project determined by the Commissioner of Education to be a project that will assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., shall have until September first to submit an application for such a project and may have until December first of the same year to secure and report all local and state approvals required to complete the grant application. The Commissioner of [Construction] Administrative Services shall annually prepare a listing of all such eligible school building projects listed by category together with the amount of the estimated grants for such projects and shall submit the same to the Governor, the Secretary of the Office of Policy and Management and the General Assembly on or before the fifteenth day of December, except as provided in section 10-283a, with a request for authorization to enter into grant commitments. On or before December thirty-first annually, the Secretary of the Office of Policy and Management shall submit comments and recommendations regarding each eligible project on such listing of eligible school building projects to the school construction committee, established pursuant to section 10-283a. Each such listing submitted after December 15, 2005, until December 15, 2010, inclusive, shall include a separate schedule of authorized projects which have changed in scope or cost to a degree determined by the Commissioner of Education once, and a separate schedule of authorized projects which have changed in scope or cost to a degree determined by said commissioner twice. Any such listing submitted after December 15, 2010, until December 15, 2011, inclusive, shall include a separate schedule of authorized projects which have changed in scope or cost to a degree determined by the Commissioner of [Construction] Administrative Services once, and a separate schedule of authorized projects which have changed in scope or cost to a degree determined by said commissioner twice. On and after July 1, 2011, each such listing shall include a report on the review conducted by the Commissioner of Education of the enrollment projections for each such eligible project. For the period beginning July 1, 2006, and ending June 30, 2012, no project, other than a project for a technical high school, may appear on the separate schedule of authorized projects which have changed in cost more than twice. [On and after] For the period beginning July 1, 2012, and ending June 30, 2012, no project, other than a project for a technical high school, may appear on the separate schedule of authorized projects which have changed in cost more than once, except the Commissioner of [Construction] Administrative Services may allow a project to appear on such separate schedule of authorized projects a second time if the town or regional school district for such project can demonstrate that exigent circumstances require such project to appear a second time on such separate schedule of authorized projects. On and after July 1, 2013, no project may appear on the separate schedule of authorized projects which have changed in cost more than once, except the Commissioner of Administrative Services may allow a project to appear on such separate schedule of authorized projects a second time if the town or regional school district for such project can demonstrate that exigent circumstances require such project to appear a second time on such separate schedule of authorized projects. Notwithstanding any provision of this chapter, no projects which have changed in scope or cost to the degree determined by the Commissioner of [Construction] Administrative Services, in consultation with the Commissioner of Education, shall be eligible for reimbursement under this chapter unless it appears on such list. The percentage determined pursuant to section 10-285a at the time a school building project on such schedule was originally authorized shall be used for purposes of the grant for such project. On and after July 1, 2006, a project that was not previously authorized as an interdistrict magnet school shall not receive a higher percentage for reimbursement than that determined pursuant to section 10-285a at the time a school building project on such schedule was originally authorized. The General Assembly shall annually authorize the Commissioner of [Construction] Administrative Services to enter into grant commitments on behalf of the state in accordance with the commissioner's categorized listing for such projects as the General Assembly shall determine. The Commissioner of [Construction] Administrative Services may not enter into any such grant commitments except pursuant to such legislative authorization. Any regional school district which assumes the responsibility for completion of a public school building project shall be eligible for a grant pursuant to subdivision (5) or (6), as the case may be, of subsection (a) of section 10-286 when such project is completed and accepted by such regional school district.
Sec. 66. Section 10-287d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
For the purposes of funding (1) grants to projects that have received approval of the Department of [Construction] Administrative Services pursuant to sections 10-287 and 10-287a, subsection (a) of section 10-65 and section 10-76e, and (2) grants to assist school building projects to remedy safety and health violations and damage from fire and catastrophe, [and (3) technical high school projects pursuant to section 10-283b,] the State Treasurer is authorized and directed, subject to and in accordance with the provisions of section 3-20, to issue bonds of the state from time to time in one or more series in an aggregate amount not exceeding nine billion one hundred forty-five million nine hundred sixty thousand dollars, provided five hundred eighty-four million dollars of said authorization shall be effective July 1, 2012. Bonds of each series shall bear such date or dates and mature at such time or times not exceeding thirty years from their respective dates and be subject to such redemption privileges, with or without premium, as may be fixed by the State Bond Commission. They shall be sold at not less than par and accrued interest and the full faith and credit of the state is pledged for the payment of the interest thereon and the principal thereof as the same shall become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the State Treasurer shall pay such principal and interest as the same become due. The State Treasurer is authorized to invest temporarily in direct obligations of the United States, United States agency obligations, certificates of deposit, commercial paper or bank acceptances such portion of the proceeds of such bonds or of any notes issued in anticipation thereof as may be deemed available for such purpose.
Sec. 67. Subsection (a) of section 10a-6 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The Board of Regents for Higher Education shall: (1) Establish state-wide policy and guidelines for Connecticut's system of public higher education; (2) develop a master plan for higher education and postsecondary education, consistent with the goals in subsection (b) of this section; (3) establish state-wide tuition and student fee policies; (4) establish state-wide student financial aid policies; (5) monitor and evaluate institutional effectiveness and viability in accordance with criteria established by the board; (6) merge or close institutions within the Connecticut State University System, the regional community-technical college system and the Board for State Academic Awards in accordance with criteria established by the board, provided (A) such recommended merger or closing shall require a two-thirds vote of the board and (B) notice of such recommended merger or closing shall be sent to the committee having cognizance over matters relating to education and to the General Assembly; (7) review and approve mission statements for the Connecticut State University System, the regional community-technical college system and the Board for State Academic Awards and role and scope statements for the individual institutions and campuses of such constituent units; (8) review and approve any recommendations for the establishment of new academic programs submitted to the board by the constituent unit boards of trustees, and, in consultation with the affected constituent units, provide for the initiation, consolidation or termination of academic programs. The Board of Regents for Higher Education shall notify the board of trustees affected by the proposed termination of an academic program. Within ninety days of receipt of such notice, said trustees shall accept or reject the termination proposal and shall notify the Board of Regents for Higher Education of its action. If the termination proposal is rejected by the trustees, the Board of Regents for Higher Education may override the rejection by a two-thirds vote; (9) develop criteria to ensure acceptable quality in programs and institutions and enforce standards through licensing and accreditation; (10) prepare and present to the Governor and General Assembly, in accordance with section 10a-8, consolidated operating and capital expenditure budgets for public higher education developed in accordance with the provisions of said section 10a-8; (11) review and make recommendations on plans received from the constituent unit boards of trustees for the continuing development and maximum utilization of the state's public higher education resources; (12) appoint advisory committees to assist in defining and suggesting solutions for the problems and needs of higher education; (13) establish an advisory council for higher education with representatives from public and private institutions to study methods and proposals for coordinating efforts of all such institutions in providing a stimulating and enriched educational environment for the citizens of the state, including measures to improve educational opportunities through alternative and nontraditional approaches such as external degrees and credit by examination; (14) coordinate programs and services throughout public higher education and between public and independent institutions, including procedures to evaluate the impact on independent institutions of higher education of proposals affecting public institutions of higher education; (15) make or enter into contracts, leases or other agreements in connection with its responsibilities under this part; [, provided all acquisitions of real estate by lease or otherwise shall be subject to the provisions of section 4b-23;] (16) be responsible for the care and maintenance of permanent records of institutions of higher education dissolved after September 1, 1969; (17) prepare and present to the Governor and General Assembly legislative proposals affecting public higher education, including proposals which utilize programs and facilities of independent institutions of higher education; (18) develop and maintain a central higher education information system and establish definitions and data requirements for the state system of higher education; and (19) undertake such studies and other activities as will best serve the higher educational interests of the state.
Sec. 68. Subsection (a) of section 10a-72 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Subject to state-wide policy and guidelines established by the Board of Regents for Higher Education, said board of trustees shall administer the regional community-technical colleges and plan for the expansion and development of the institutions within its jurisdiction. The Commissioner of Administrative Services on request of the board of trustees shall, in accordance with section 4b-30, negotiate and execute leases on such physical facilities as the board of trustees may deem necessary for proper operation of such institutions, and said board of trustees may expend capital funds therefor, if such leasing is required during the planning and construction phases of institutions within its jurisdiction for which such capital funds were authorized. The board of trustees may appoint and remove the chief executive officer of each institution within its jurisdiction. The board of trustees may employ the faculty and other personnel needed to operate and maintain the institutions within its jurisdiction. Within the limitation of appropriations, the board of trustees shall fix the compensation of such personnel, establish terms and conditions of employment and prescribe their duties and qualifications. Said board of trustees shall determine who constitutes its professional staff and establish compensation and classification schedules for its professional staff. Said board shall annually submit to the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management a list of the positions which it has included within the professional staff. The board shall establish a division of technical and technological education. The board of trustees shall confer such certificates and degrees as are appropriate to the curricula of community-technical colleges. The board of trustees shall prepare plans for the development of a regional community-technical college and [submit the same to the Commissioners of Administrative Services and Construction Services and request said commissioners to] select the site for such college. [Within the limits of the bonding authority therefor, the Commissioner of Administrative Services, subject to the provisions of section 4b-23,] The board of trustees may acquire such site and [the Commissioner of Construction Services may] construct such buildings as are consistent with the plan of development. The board of trustees may charge the direct costs for a building project under its jurisdiction to the bond fund account for such project, provided (1) such costs are charged in accordance with a procedure approved by the Treasurer, and (2) nothing in this subdivision shall permit the charging of working capital costs, as defined in the applicable provisions of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, or costs originally paid from sources other than the bond fund account.
Sec. 69. Subsection (a) of section 10a-89 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Subject to state-wide policy and guidelines established by the Board of Regents for Higher Education, the board of trustees shall provide for the administration of the Connecticut State University System, plan for the expansion and development of the institutions within its jurisdiction [, and submit such plans to the Commissioner of Administrative Services for review and recommendations. The Commissioner of Administrative Services upon request of the board of trustees shall, in accordance with section 4b-30,] and charge the direct costs for a building project under its jurisdiction to the bond fund account for such project, provided (1) such costs are charged in accordance with a procedure approved by the Treasurer, and (2) nothing in this subdivision shall permit the charging of working capital costs, as defined in the applicable provisions of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, or costs originally paid from sources other than the bond fund account. The board of trustees shall negotiate and execute leases on such physical facilities as the board [of trustees] may deem necessary for proper operation of such institutions, and the board [of trustees] may, with the permission of [the Commissioner of Administrative Services and] the State Properties Review Board, expend capital funds therefor if such leasing is required during the planning and construction phases of institutions within its jurisdiction for which such capital funds were authorized. Subject to such policies as may be established by the board of trustees, the chief executive officer of each institution within the jurisdiction of the board may make buildings and other facilities under its control available to nonprofit and other organizations or to individuals for temporary uses not inconsistent with the educational purpose of the institution. The board of trustees may appoint or remove the chief executive officer of each institution within its jurisdiction, and with respect to its own operation the board of trustees may appoint and remove executive staff. The board of trustees may employ faculty and other personnel needed to maintain and operate the institutions within its jurisdiction. Within the limitation of appropriations, the board of trustees shall fix the compensation of such personnel, establish terms and conditions of employment and prescribe their duties and qualifications. The board of trustees shall determine who constitutes its professional staff and establish compensation and classification schedules for its professional staff. The board of trustees shall annually submit to the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management a list of the positions which it has included within the professional staff. The board of trustees may appoint one or more physicians for the Connecticut State University System and shall provide such physicians with suitable facilities for the performance of such duties as it prescribes. Subject to state-wide policy and guidelines established by the Board of Regents for Higher Education, the board of trustees shall: (1) Make rules for the government of the Connecticut State University System and shall determine the general policies of the university system, including those concerning the admission of students and the expenditure of the funds of institutions under its jurisdiction within the amounts available; (2) develop the mission statement for the university system which shall include, but not be limited to the following elements: (A) The educational needs of and constituencies served by the institutions within its jurisdiction; (B) the degrees offered by such institutions; and (C) the role and scope of each institution within the university system, which shall include each institution's particular strengths and specialties; (3) establish policies for the university system and for the individual institutions under its jurisdiction; (4) make institutional mergers or closures; (5) coordinate the programs and services of the institutions under its jurisdiction; (6) be authorized to enter into agreements, consistent with the provisions of section 5-141d, to save harmless and indemnify sponsors of research grants to institutions under its jurisdiction, provided such an agreement is required to receive the grant and limits liability to damages or injury resulting from acts or omissions related to such research by employees of such institutions; (7) promote fund-raising by the institutions under its jurisdiction in order to assist such institutions and report to the joint standing committee of the General Assembly having cognizance of matters relating to higher education by January 1, 1994, and biennially thereafter, on all such fund-raising; and (8) charge the direct costs for a building project under its jurisdiction to the bond fund account for such project, provided (A) such costs are charged in accordance with a procedure approved by the Treasurer; and (B) nothing in this subdivision shall permit the charging of working capital, as defined in the applicable provisions of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, or costs originally paid from sources other than the bond fund account.
Sec. 70. Section 10a-90 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The Board of Trustees for the Connecticut State University System, with the approval of the Governor and the Secretary of the Office of Policy and Management, may lease state-owned land under its care, custody or control to private developers for construction of dormitory buildings, provided such developers agree to lease such buildings to such board of trustees with an option to purchase [and provided further that any such agreement to lease is subject to the provisions of section 4b-23,] prior to the making of the original lease by the board of trustees. The plans for such buildings shall be subject to approval of such board [,the Commissioner of Construction Services] and the State Properties Review Board [and such leases shall be for the periods and upon such terms and conditions as the Commissioner of Administrative Services determines,] and such buildings, while privately owned, shall be subject to taxation by the town in which they are located. The Board of Trustees for the Connecticut State University System may also deed, transfer or lease state-owned land under its care, custody or control to the State of Connecticut Health and Educational Facilities Authority for financing or refinancing the planning, development, acquisition and construction and equipping of dormitory buildings and student housing facilities and to lease or sublease such dormitory buildings or student housing facilities and authorize the execution of financing leases of land, interests therein, buildings and fixtures in order to secure obligations to repay any loan from the State of Connecticut Health and Educational Facilities Authority from the proceeds of bonds issued thereby pursuant to the provisions of chapter 187 made by the authority to finance or refinance the planning, development, acquisition and construction of dormitory buildings. Any such financing lease shall not be subject to the provisions of section 4b-23, as amended by this act, and the plans for such dormitories shall be subject only to the approval of the board. Such financing leases shall be for such periods and upon such terms and conditions that the board shall determine. Any state property so leased shall not be subject to local assessment and taxation and such state property shall be included as property of the Connecticut State University System for the purpose of computing a grant in lieu of taxes pursuant to section 12-19a.
Sec. 71. Subsection (a) of section 10a-91 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The Board of Trustees of the Connecticut State University System, with the approval of the Governor [, the Commissioner of Administrative Services] and the State Properties Review Board, may lease land or buildings under its care, custody or control to private developers for rental housing and commercial establishments. Such leases shall be for periods and upon such terms and conditions, including, but not limited to, provision for adequate liability insurance to be maintained by the lessee for the benefit of the state and rental terms [, as may be determined by the Commissioner of Administrative Services] and, in the case of a lease of land, may provide for the construction of buildings thereon to be used for rental housing and commercial establishments, the plans of which shall be subject to the approval of the board of trustees [, the Commissioner of Construction Services] and the State Properties Review Board. Said board of trustees may provide for water, heat and waste disposal services on a cost-reimbursement basis to such leased premises. Said board may designate the kinds of concessions for supplying goods, commodities, services and facilities to be permitted on such land and may select the permittees, or said board may delegate such functions to the private developers with which it contracts pursuant to this section.
Sec. 72. Subdivision (3) of section 10a-91c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(3) "Cost", as applied to a project or any portion of a project, includes, but is not limited to: The purchase price or acquisition cost of any such project; the cost of planning, designing, constructing, building, altering, enlarging, reconstructing, renovating, improving, equipping and remodeling; the cost of all labor, materials, building systems, machinery and equipment; the cost of all lands, structures, real or personal property, rights, easements and franchises acquired; the cost of all utility extensions, access roads, site developments, financing charges, premiums for insurance; the cost of working capital related to a project; [, including the cost of Department of Construction Services administrative functions provided for in subsection (d) of section 10a-91d;] the cost of plans and specifications, surveys and estimates of cost and of revenues; the cost of accountants, audits, engineering, feasibility studies, legal and other professional consulting or technical services; the cost of all other expenses necessary or incident to determining the feasibility or practicability of such construction; and administrative and operating expenses and such other expenses as may be necessary or incidental to the financing authorized by sections 10a-91c to 10a-91h, inclusive, as amended by this act. "Cost" does not include the cost of administrative functions provided by the system pursuant to sections 10a-91a to 10a-91h, inclusive.
Sec. 73. Section 10a-91d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) It is hereby determined and found to be in the best interest of this state and the system to establish CSUS 2020 as the efficient and cost-effective course to achieve the objective of renewing, modernizing, enhancing, expanding, acquiring and maintaining the infrastructure of the system, the particular project or projects, each being hereby approved as a project of CSUS 2020, and the presently estimated cost thereof being as follows:
T1 |
||||
T2 |
||||
T3 |
Ending |
Ending |
Ending | |
T4 |
June 30, |
June 30, |
June 30, | |
T5 |
||||
T6 |
||||
T7 |
University |
|||
T8 |
Code Compliance/ |
|||
T9 |
Infrastructure Improvements |
6,704,000 |
5,000,000 | |
T10 |
Renovate/Expand Willard |
|||
T11 |
||||
T12 |
(design/construction) |
57,737,000 |
||
T13 |
||||
T14 |
DiLoreto Halls |
|||
T15 |
||||
T16 |
||||
T17 |
||||
T18 |
Development |
|||
T19 |
||||
T20 |
||||
T21 |
||||
T22 |
(design) |
|||
T23 |
||||
T24 |
Facility |
|||
T25 |
||||
T26 |
||||
T27 |
University |
|||
T28 |
||||
T29 |
8,255,113 |
5,825,000 |
||
T30 |
||||
T31 |
(design) |
|||
T32 |
||||
T33 |
||||
T34 |
||||
T35 |
(equipment) |
|||
T36 |
||||
T37 |
(design/construction) |
19,239,000 |
||
T38 |
||||
T39 |
1,095,000 | |||
T40 |
||||
T41 |
||||
T42 |
||||
T43 |
||||
T44 |
||||
T45 |
||||
T46 |
||||
T47 |
University |
|||
T48 |
||||
T49 |
16,955,915 |
5,000,000 | ||
T50 |
New Academic Laboratory |
|||
T51 |
Building/Parking Garage |
|||
T52 |
||||
T53 |
||||
T54 |
building, demolish Seabury |
|||
T55 |
Hall) |
8,944,000 |
||
T56 |
||||
T57 |
Building/Parking Garage |
|||
T58 |
(construct academic laboratory |
|||
T59 |
63,171,000 |
|||
T60 |
||||
T61 |
Building |
|||
T62 |
Additions and Renovations to |
|||
T63 |
Buley Library |
16,386,585 |
||
T64 |
70,929,000 | |||
T65 |
||||
T66 |
||||
T67 |
University |
|||
T68 |
||||
T69 |
7,658,330 |
4,323,000 |
7,212,000 | |
T70 |
||||
T71 |
(construction) |
80,605,000 |
||
T72 |
||||
T73 |
(equipment) |
4,666,000 |
||
T74 |
||||
T75 |
(design) |
2,982,000 |
||
T76 |
||||
T77 |
(construction/equipment) |
|||
T78 |
||||
T79 |
(design) |
|||
T80 |
||||
T81 |
Building (design) |
500,000 |
||
T82 |
University Police Department |
|||
T83 |
Building (construction) |
4,245,000 |
||
T84 |
||||
T85 |
Plant |
|||
T86 |
||||
T87 |
||||
T88 |
Equipment |
14,500,000 |
31,844,000 | |
T89 |
||||
T90 |
18,672,422 |
|||
T91 |
||||
T92 |
10,000,000 |
3,415,000 |
||
T93 |
4,250,190 |
3,000,000 |
||
T94 |
||||
T95 |
(b) The plan of funding CSUS 2020 shall be from the proceeds of general obligation bonds of the state in an amount authorized pursuant to subsection (a) of section 10a-91e. The proceeds of the general obligation bonds issued pursuant to section 10a-91e shall be deposited into the CSUS 2020 Fund.
(c) With respect to CSUS 2020 and within the authorized funding amount, the board of trustees may, from time to time, and shall, whenever appropriate or necessary, revise, delete or add a particular project or projects, provided (1) a formal approving vote of the board of trustees shall be needed for (A) a revision that deviates from the estimated costs of projects pursuant to subsection (a) of this section in an amount that is less than (i) ten per cent of such costs for a project with an estimated cost of one million dollars or lower, or (ii) five per cent of such costs for a project with an estimated cost of more than one million dollars, provided such change in the costs does not include changes in the costs of materials, (B) a deletion, or (C) an addition dictated by a change in system planning as determined by the board of trustees or otherwise necessary because of reasons beyond the control of the system, (2) any revision shall be subject only to such formal approval of the board of trustees as long as the board of trustees finds and determines that such revision is consistent with the intent or purpose of the original project, and (3) (A) a revision that deviates from the estimated costs of projects pursuant to subsection (a) of this section in an amount that is equal to or greater than (i) ten per cent of such costs for a project with an estimated cost of one million dollars or lower, or (ii) five per cent of such costs for a project with an estimated cost of more than one million dollars, provided such change in the costs does not include changes in the costs of materials, (B) an addition, or (C) a deletion shall be conditioned not only upon such formal approval of the board of trustees but also upon a request by the board of trustees for, and enactment of, a subsequent public or special act approving such addition or deletion, if such addition is to add a project not outlined in subsection (a) of this section or the deletion is the deletion of a project outlined in subsection (a) of this section. Furthermore, with respect to CSUS 2020 and subject to the limitations in the authorized funding amount, the board of trustees may determine the sequencing and timing of such project or projects, revise estimates of cost and reallocate from any amounts estimated in subsection (a) of this section, for one or more projects to one or more other projects then constituting a component of CSUS 2020 as long as, at the time of such reallocation, it has found that any such project to which a reallocation is made has been revised or added in accordance with this section and such project from which a reallocation is made either has been so revised or added and can be completed within the amounts remaining allocated to it, or has been so deleted. The board of trustees' actions under this section shall be included in reports to the Governor and the General Assembly under section 10a-91f. If the board of trustees requests a revision, addition or deletion pursuant to subdivision (3) of this subsection, the board of trustees shall submit such request to the Governor at the same time that the request is submitted to the General Assembly.
[(d) (1) In accordance with the provisions of chapters 59 and 60, the Commissioner of Construction Services shall be responsible for the duties as specified in said provisions, and, on a quarterly basis, the commissioner shall provide the system with information needed for compliance with sections 10a-91a to 10a-91h, inclusive, including, but not limited to, costs, timeliness of completion of projects and any issues that have developed in implementation of any project under the commissioner's jurisdiction.
(2) Not later than January 1, 2009, and annually thereafter, the Commissioner of Construction Services shall, in accordance with section 11-4a, report to the Governor and the General Assembly on any (A) construction management services costs, (B) administrative services costs, and (C) costs of fees associated with CSUS 2020.
(e) The Commissioner of Construction Services and the system shall enter into and maintain a memorandum of understanding that shall provide for the assignment of personnel from the Department of Construction Services to ensure that buildings or projects that are part of the CSUS 2020 program are designed and constructed in compliance with the Fire Safety Code and the State Building Code with respect to buildings or building projects that (1) are part of CSUS 2020, as authorized by sections 10a-91a to 10a-91h, inclusive, (2) do not meet the threshold limits, as defined in section 29-276b, and (3) construction of which is initiated during the period of time in which the memorandum is in effect.
(f) The board of trustees shall request, in writing, approval from the Department of Construction Services for any acquisition or purchase of equipment, furniture or personal property using funds provided pursuant to sections 10a-91a to 10a-91h, inclusive. Such purchases or acquisitions shall require specific approval by the Commissioner of Construction Services, or shall be deemed approved not later than thirty days after such request for approval, if the commissioner has not rejected the request.]
Sec. 74. Section 4-230 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
As used in sections 4-230 to 4-236, inclusive:
(1) "Cognizant agency" means a state agency which is assigned by the secretary the responsibility for implementing the requirements of sections 4-230 to 4-236, inclusive;
(2) "Secretary" means the Secretary of the Office of Policy and Management;
(3) "State financial assistance" means assistance that a nonstate entity receives or administers which is provided by a state agency or pass-through entity in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct appropriations, but does not include direct state cash assistance to individuals or payments to a vendor;
(4) "State agency" means any department, board, commission, institution or other agency of the state;
(5) "Generally accepted accounting principles" has the meaning specified in the generally accepted auditing standards issued by the American Institute of Certified Public Accountants (AICPA);
(6) "Generally accepted government auditing standards" (GAGAS) means the generally accepted government auditing standards issued by the Comptroller General of the United States that are applicable to financial audits;
(7) "Independent auditor" means a public accountant who is licensed to practice in the state and meets the independence standards included in generally accepted government auditing standards;
(8) "Internal controls" means a process, effected by an entity's board of directors, management and other personnel, designed to provide reasonable assurance regarding the achievement of objectives in: (A) Reliability of financial reporting, (B) effectiveness and efficiency of operations, and (C) compliance with applicable laws and regulations;
(9) "Municipality" means a town, consolidated town and city, consolidated town and borough, city or borough, including a local board of education as described in subsection (c) of section 7-392;
(10) "Audited agency" means a district, as defined in section 7-324, the Metropolitan District of Hartford County, a regional board of education, a regional planning agency, any other political subdivision of similar character which is created or any other agency created or designated by a municipality to act for such municipality whose annual receipts from all sources exceed one million dollars; [or any tourism district established under section 10-397;]
(11) "Nonprofit agency" means any organization that is not a for-profit business and provides services contracted for by (A) the state or (B) a nonstate entity. It also means private institutions of higher learning which receive state financial assistance;
(12) "Major state program" means any program, excluding an exempt program, determined to be a major state program by the independent auditor pursuant to the requirements of the risk-based approach, provided such requirements shall (A) encompass factors consistent with requirements established by the United States Office of Management and Budget, and (B) include, but not be limited to, current and prior audit experience, oversight by state agencies and pass-through entities and the risk inherent in state programs;
(13) "Public accountant" means an individual who meets the standards included in generally accepted government auditing standards for personnel performing government audits and the licensing requirements of the State Board of Accountancy;
(14) "Subrecipient" means a nonstate entity that receives state financial assistance from a pass-through entity, but does not include an individual who receives such assistance;
[(15) "Tourism district" means a district established under section 10-397;]
[(16)] (15) "Nonstate entity" means a municipality, [tourism district,] audited agency or nonprofit agency;
[(17)] (16) "Pass-through entity" means a nonstate entity that provides state financial assistance to a subrecipient;
[(18)] (17) "Program-specific audit" means an audit of a single state program conducted in accordance with the regulations adopted under section 4-236;
[(19)] (18) "Expended" and "expenditures" have the meanings attributed to those terms in generally accepted accounting principles, except that (A) state financial assistance received which does not specify a required use shall be assumed to be fully expended in the fiscal year of receipt, and (B) exempt programs shall be assumed to be expended in the fiscal year that the state financial assistance is received;
[(20)] (19) "Exempt program" means any state program designated to be exempt by the secretary after consultation with the Auditors of Public Accounts and the commissioner of the state agency that awarded the state financial assistance;
[(21)] (20) "Vendor" means a dealer, distributor, merchant or other seller providing goods or services that are required for the conduct of a state program. Such goods or services may be for an organization's own use or for the use of beneficiaries of the state program; and
[(22)] (21) "Single audit" means an audit, as provided in section 4-235, that encompasses an entity's financial statements and state financial assistance.
Sec. 75. Subsection (i) of section 5-259 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(i) The Comptroller may provide for coverage of employees of municipalities, nonprofit corporations, community action agencies and small employers and individuals eligible for a health coverage tax credit, retired members or members of an association for personal care assistants under the plan or plans procured under subsection (a) of this section, provided: (1) Participation by each municipality, nonprofit corporation, community action agency, small employer, eligible individual, retired member or association for personal care assistants shall be on a voluntary basis; (2) where an employee organization represents employees of a municipality, nonprofit corporation, community action agency or small employer, participation in a plan or plans to be procured under subsection (a) of this section shall be by mutual agreement of the municipality, nonprofit corporation, community action agency or small employer and the employee organization only and neither party may submit the issue of participation to binding arbitration except by mutual agreement if such binding arbitration is available; (3) no group of employees shall be refused entry into the plan by reason of past or future health care costs or claim experience; (4) rates paid by the state for its employees under subsection (a) of this section are not adversely affected by this subsection; (5) administrative costs to the plan or plans provided under this subsection shall not be paid by the state; (6) participation in the plan or plans in an amount determined by the state shall be for the duration of the period of the plan or plans, or for such other period as mutually agreed by the municipality, nonprofit corporation, community action agency, small employer, retired member or association for personal care assistants and the Comptroller; and (7) nothing in this section or section 12-202a, 38a-551, 38a-553 or 38a-556 shall be construed as requiring a participating insurer or health care center to issue individual policies to individuals eligible for a health coverage tax credit. The coverage provided under this section may be referred to as the "Municipal Employee Health Insurance Plan". The Comptroller may arrange and procure for the employees and eligible individuals under this subsection health benefit plans that vary from the plan or plans procured under subsection (a) of this section. Notwithstanding any provision of part V of chapter 700c, the coverage provided under this subsection may be offered on either a fully underwritten or risk-pooled basis at the discretion of the Comptroller. For the purposes of this subsection, (A) "municipality" means any town, city, borough, school district, taxing district, fire district, district department of health, probate district, housing authority, regional work force development board established under section 31-3k, regional emergency telecommunications center, [tourism district established under section 32-302,] flood commission or authority established by special act, regional planning agency, transit district formed under chapter 103a, or the Children's Center established by number 571 of the public acts of 1969; (B) "nonprofit corporation" means (i) a nonprofit corporation organized under 26 USC 501 that has a contract with the state or receives a portion of its funding from a municipality, the state or the federal government, or (ii) an organization that is tax exempt pursuant to 26 USC 501(c)(5); (C) "community action agency" means a community action agency, as defined in section 17b-885; (D) "small employer" means a small employer, as defined in subparagraph (A) of subdivision (4) of section 38a-564; (E) "eligible individuals" or "individuals eligible for a health coverage tax credit" means individuals who are eligible for the credit for health insurance costs under Section 35 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, in accordance with the Pension Benefit Guaranty Corporation and Trade Adjustment Assistance programs of the Trade Act of 2002 (P.L. 107-210); (F) "association for personal care assistants" means an organization composed of personal care attendants who are employed by recipients of service (i) under the home-care program for the elderly under section 17b-342, (ii) under the personal care assistance program under section 17b-605a, (iii) in an independent living center pursuant to sections 17b-613 to 17b-615, inclusive, or (iv) under the program for individuals with acquired brain injury as described in section 17b-260a; and (G) "retired members" means individuals eligible for a retirement benefit from the Connecticut municipal employees' retirement system.
Sec. 76. Section 7-425 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The following words and phrases as used in this part, except as otherwise provided, shall have the following meanings:
(1) "Municipality" means any town, city, borough, school district, regional school district, taxing district, fire district, district department of health, probate district, housing authority, regional work force development board established under section 31-3k, regional emergency telecommunications center, [tourism district established under section 10-397,] flood commission or authority established by special act or regional planning agency;
(2) "Participating municipality" means any municipality which has accepted this part, as provided in section 7-427;
(3) "Legislative body" means, for towns having a town council, the council; for other towns, the selectmen; for cities, the common council or other similar body of officials; for boroughs, the warden and burgesses; for regional school districts, the regional board of education; for district departments of health, the board of the district; for probate districts, the judge of probate; for regional planning agencies, the regional planning board; for regional emergency telecommunications centers, a representative board; [for tourism districts, the board of directors of such tourism district;] and in all other cases the body authorized by the general statutes or by special act to make ordinances for the municipality;
(4) "Retirement Commission" means the State Retirement Commission created by chapter 66;
(5) "Member" means any regular employee or elective officer receiving pay from a participating municipality, and any regular employee of a free public library that receives part or all of its income from municipal appropriation, who has been included by such municipality in the pension plan as provided in section 7-427, but shall not include any person who customarily works less than twenty hours a week if such person entered employment after September 30, 1969, any police officer or firefighter who will attain the compulsory retirement age after less than five years of continuous service in fund B, any teacher who is eligible for membership in the state teachers retirement system, any person eligible for membership in any pension system established by or under the authority of any special act or of a charter adopted under the provisions of chapter 99, or any person holding a position funded in whole or in part by the federal government as part of any public service employment program, on-the-job training program or work experience program, provided persons holding such federally funded positions on July 1, 1978, shall not be excluded from membership but may elect to receive a refund of their accumulated contributions without interest;
(6) "Pay" means the salary, wages or earnings of an employee, including any payments received pursuant to chapter 568 and the money value as determined by the Retirement Commission of any board, lodging, fuel or laundry provided for such employee by the municipality but not including any fees or allowances for expenses;
(7) "Fund" and "fund B" means the Connecticut Municipal Employees' Retirement Fund B;
(8) "Continuous service" and "service" means active service as a member, or active service prior to becoming a member if such service (A) was in a department for which participation was subsequently accepted and not subsequently withdrawn, (B) was continuous to the date of becoming a member except service for which credit is granted pursuant to section 7-436a, and (C) would have been as a member if the department had then been participating, all subject to the provisions of section 7-434;
(9) "System" means the Old Age and Survivors Insurance System under Title II of the Social Security Act, as amended;
(10) "Social Security Act" means the Act of Congress, approved August 14, 1935, Chapter 531, 49 Stat. 620, officially cited as the Social Security Act, including regulations and requirements issued pursuant thereto, as such act has been and may from time to time be amended;
(11) "Regional emergency telecommunications center" means an entity authorized by the Department of Emergency Services and Public Protection as the public safety answering point responsible for the receipt and processing of 9-1-1 calls for at least three municipalities.
Sec. 77. Subsection (b) of section 10-392 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) The 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) Establish a uniform financial reporting system and forms to be used by each regional tourism district, established under section 10-397, in the preparation of the annual budget submitted to the General Assembly;]
[(7)] (6) Integrate funding and programs whenever possible; and
[(8)] (7) On or before January 1, 2012, 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.
Sec. 78. Section 10-393 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There shall be a Culture and Tourism Advisory Committee which shall consist of twenty-eight voting 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 members without being appointed and without receiving compensation for such service. The remaining twenty-three members shall be appointed as follows:
(1) The Governor shall appoint seven members: (A) One member shall be an individual with knowledge of and experience in the tourism industry from within the state; (B) three members shall be individuals with knowledge of or experience or interest in history or humanities; (C) one member shall be an individual with knowledge of or experience or interest in the arts; and (D) two members shall be selected at large.
(2) The speaker of the House of Representatives shall appoint three members: (A) One 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] within the state; (B) one member shall be an individual with knowledge of or experience or interest in history or humanities; and (C) one 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 members: (A) One 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] within the state; (B) one member shall be an individual with knowledge of or experience or interest in history or humanities; and (C) one 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 members: (A) One 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] within the state; and (B) one 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 members: (A) One member shall be an individual with knowledge of and experience in the tourism industry from [the eastern regional tourism district] within the state; and (B) one 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 members: (A) One member shall be an individual with knowledge of and experience in the tourism industry from within the state; (B) one member shall be an individual with knowledge of or experience or interest in history or humanities; and (C) one 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 members: (A) One 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] within the state; (B) one member shall be an individual with knowledge of or experience or interest in history or humanities; and (C) one member shall be an individual with knowledge of or experience or interest in the arts.
(b) Each member shall serve a term that is coterminous with such member's appointing authority.
(c) The voting members shall elect annually: A member from among the voting members to serve as chairperson of the advisory committee and one member as vice-chairperson. 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 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 the Commissioner of Economic and Community Development.
(d) Thirteen voting members of the board shall constitute a quorum and the affirmative vote of a majority of the voting members present at a meeting of the advisory committee shall be sufficient for any action taken by the advisory committee. Any recommendations by the 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 Commissioner of Economic and Community Development shall provide administrative assistance to the advisory committee. The commissioner shall have the authority to: Establish rules for the internal operation of the 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 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 culture and tourism account within the department, established under section 10-395. The commissioner may enter into contracts with the federal government concerning the use of such funds.
Sec. 79. Section 10-396 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
With respect to tourism activities, the 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)] (4) Maintain, operate and manage the visitor welcome centers in the state;
[(6)] (5) 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)] (6) Subject to available funds, assist municipalities to accommodate tourist attractions within such municipalities or within neighboring or adjoining municipalities.
Sec. 80. Subsection (b) of section 10-399 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(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 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 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 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 department, the Department of Transportation [, the tourism district in which the center is located and businesses in such district] and local businesses, (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 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 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 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. 81. Subsection (b) of section 12-15 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) The commissioner may disclose (1) returns or return information to (A) an authorized representative of another state agency or office, upon written request by the head of such agency or office, when required in the course of duty or when there is reasonable cause to believe that any state law is being violated, or (B) an authorized representative of an agency or office of the United States, upon written request by the head of such agency or office, when required in the course of duty or when there is reasonable cause to believe that any federal law is being violated, provided no such agency or office shall disclose such returns or return information, other than in a judicial or administrative proceeding to which such agency or office is a party pertaining to the enforcement of state or federal law, as the case may be, in a form which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer except that the names and addresses of jurors or potential jurors and the fact that the names were derived from the list of taxpayers pursuant to chapter 884 may be disclosed by the Judicial Branch; (2) returns or return information to the Auditors of Public Accounts, when required in the course of duty under chapter 23; (3) returns or return information to tax officers of another state or of a Canadian province or of a political subdivision of such other state or province or of the District of Columbia or to any officer of the United States Treasury Department or the United States Department of Health and Human Services, authorized for such purpose in accordance with an agreement between this state and such other state, province, political subdivision, the District of Columbia or department, respectively, when required in the administration of taxes imposed under the laws of such other state, province, political subdivision, the District of Columbia or the United States, respectively, and when a reciprocal arrangement exists; (4) returns or return information in any action, case or proceeding in any court of competent jurisdiction, when the commissioner or any other state department or agency is a party, and when such information is directly involved in such action, case or proceeding; (5) returns or return information to a taxpayer or its authorized representative, upon written request for a return filed by or return information on such taxpayer; (6) returns or return information to a successor, receiver, trustee, executor, administrator, assignee, guardian or guarantor of a taxpayer, when such person establishes, to the satisfaction of the commissioner, that such person has a material interest which will be affected by information contained in such returns or return information; (7) information to the assessor or an authorized representative of the chief executive officer of a Connecticut municipality, when the information disclosed is limited to (A) a list of real or personal property that is or may be subject to property taxes in such municipality, or (B) a list containing the name of each person who is issued any license, permit or certificate which is required, under the provisions of this title, to be conspicuously displayed and whose address is in such municipality; (8) real estate conveyance tax return information or controlling interest transfer tax return information to the town clerk or an authorized representative of the chief executive officer of a Connecticut municipality to which the information relates; (9) estate tax returns and estate tax return information to the Probate Court Administrator or to the court of probate for the district within which a decedent resided at the date of the decedent's death, or within which the commissioner contends that a decedent resided at the date of the decedent's death or, if a decedent died a nonresident of this state, in the court of probate for the district within which real estate or tangible personal property of the decedent is situated, or within which the commissioner contends that real estate or tangible personal property of the decedent is situated; (10) returns or return information to the (A) Secretary of the Office of Policy and Management for purposes of subsection (b) of section 12-7a, and (B) Office of Fiscal Analysis for purposes of, and subject to the provisions of, subdivision (2) of subsection (f) of section 12-7b; (11) return information to the Jury Administrator, when the information disclosed is limited to the names, addresses, federal Social Security numbers and dates of birth, if available, of residents of this state, as defined in subdivision (1) of subsection (a) of section 12-701; (12) pursuant to regulations adopted by the commissioner, returns or return information to any person to the extent necessary in connection with the processing, storage, transmission or reproduction of such returns or return information, and the programming, maintenance, repair, testing or procurement of equipment, or the providing of other services, for purposes of tax administration; (13) without written request and unless the commissioner determines that disclosure would identify a confidential informant or seriously impair a civil or criminal tax investigation, returns and return information which may constitute evidence of a violation of any civil or criminal law of this state or the United States to the extent necessary to apprise the head of such agency or office charged with the responsibility of enforcing such law, in which event the head of such agency or office may disclose such return information to officers and employees of such agency or office to the extent necessary to enforce such law; (14) [names and addresses of operators, as defined in section 12-407, to tourism districts, as defined in section 10-397; (15)] names of each licensed dealer, as defined in section 12-285, and the location of the premises covered by the dealer's license; [(16)] (15) to a tobacco product manufacturer that places funds into escrow pursuant to the provisions of subsection (a) of section 4-28i, return information of a distributor licensed under the provisions of chapter 214 or chapter 214a, provided the information disclosed is limited to information relating to such manufacturer's sales to consumers within this state, whether directly or through a distributor, dealer or similar intermediary or intermediaries, of cigarettes, as defined in section 4-28h, and further provided there is reasonable cause to believe that such manufacturer is not in compliance with section 4-28i; [(17)] (16) returns, which shall not include a copy of the return filed with the commissioner, or return information for purposes of section 12-217z; and [(18)] (17) returns or return information to the State Elections Enforcement Commission, upon written request by said commission, when necessary to investigate suspected violations of state election laws.
Sec. 82. Subsection (b) of section 25-109q of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) The council shall consist of: A representative of the office of the Governor; the Commissioner of Energy and Environmental Protection, or his or her designee; the Commissioner of Economic and Community Development, or his or her designee; the chairperson of the 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. 83. Subsection (d) of section 32-1s of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(d) Any order or regulation of the Connecticut Commission on Culture and Tourism, which is in force on July 1, 2011, 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 3-110f, 3-110h, 3-110i, 4-9a, 4-66aa, 4-89, 4b-53, 4b-60, 4b-64, 4b-66a, 5-198, 7-147a, 7-147b, 7-147c, 7-147j, 7-147p, 7-147q, 7-147y, 8-37lll, 10-382, 10-384, 10-385, 10-386, 10-387, 10-388, 10-389, 10-391, 10-392, 10-393, [10-394,] 10-395, 10-396, [10-397, 10-397a,] 10-399, 10-400, 10-401, 10-402, 10-403, 10-404, 10-405, 10-406, 10-408, 10-409, 10-410, 10-411, 10-412, 10-413, 10-414, 10-415, 10-416, 10-416a, 10-416b, 10-425, 10a-111a, 10a-112, 10a-112b, 10a-112g, 11-6a, 12-376d, 13a-252, 19a-315b, 19a-315c, 22a-1d, 22a-19b, 22a-27s, 25-102qq, 25-109q, 29-259, 32-6a, 32-11a and 32-35 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. 84. Section 32-6m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The Commissioner of Economic and Community Development shall, within available appropriations, establish and administer a program to promote the marketing of products produced in Connecticut for the purpose of encouraging the development of manufacturing and production in the state. The commissioner may, within available appropriations, provide a grant-in-aid to any person, firm, partnership or corporation engaged in the promotion and marketing of such products, provided the words "CONNECTICUT-MADE" or "CT-Made" are clearly incorporated in such promotional and marketing activities. The commissioner shall (1) provide for the design, plan and implementation of a multiyear, state-wide marketing and advertising campaign, including, but not limited to, television and radio advertisements, promoting the availability of, and advantages of purchasing, Connecticut-made products, (2) establish and continuously update a web site connected with such advertising campaign that includes, but is not limited to, a comprehensive listing of Connecticut manufacturers, Connecticut-made products and Connecticut retailers selling Connecticut-made products, (3) direct Connecticut manufacturers and producers of Connecticut-made products in need of assistance to the appropriate economic development entity or state agency, and (4) conduct efforts to promote interaction and business relationships between Connecticut manufacturers and producers of Connecticut-made products and retailers, marketers, chambers of commerce [, regional tourism districts] and other potential institutional purchasers of Connecticut-made products, including, but not limited to, (A) linking Connecticut manufacturers and producers of Connecticut-made products with potential purchasers through a separate feature of the web site established pursuant to this section, and (B) organizing state-wide or regional events promoting Connecticut manufacturers and producers of Connecticut-made products, where such manufacturers, producers and institutional purchasers are invited to participate. The commissioner shall use his or her best efforts to solicit cooperation and participation from Connecticut manufacturers, producers of Connecticut-made products, retailers, marketers [,] and chambers of commerce [and regional tourism districts] in such advertising, Internet-related and event planning efforts, including, but not limited to, soliciting private sector matching funds. The commissioner shall administer this program within available appropriations. On or before January 1, 2013, and annually thereafter, the commissioner shall report to the joint standing committee of the General Assembly having cognizance of matters relating to commerce on issues with respect to efforts undertaken pursuant to the requirements of this section, including, but not limited to, the amount of private matching funds received and expended by the department. The commissioner may adopt such regulations, in accordance with chapter 54, as he or she deems necessary to carry out the purposes of this section.
Sec. 85. (NEW) (Effective July 1, 2013) (a) There is established a Connecticut Arts Council within the Department of Economic and Community Development to foster and support the arts. The council shall consist of eleven members as follows: (1) Five appointed by the Governor for a term of four years, one of whom shall be the head of a state-wide arts organization; (2) four appointed by the Governor for a term of three years; and (3) the Commissioner of Economic and Community Development and an employee of the Department of Economic and Community Development responsible for arts and culture, designated by said commissioner, who shall serve as ex-officio nonvoting members. All initial appointments to the council pursuant to this subsection shall be made not later than October 1, 2013. No member shall serve for more than two consecutive full terms. The Governor shall biennially designate one member of the council to serve as the chairperson of the council. Any appointed member who fails to attend three consecutive meetings of the board or who fails to attend fifty per cent of all meetings of the council held during any calendar year shall be deemed to have resigned from the council. The Governor shall fill any vacancy occurring on the committee for the balance of the unexpired term and may remove any member as provided by section 4-12 of the general statutes.
(b) The chairperson shall call the first meeting of the advisory committee not later than October 31, 2013. The advisory committee shall meet not less than quarterly thereafter and at such other times as the chairperson deems necessary.
(c) Five voting members of the advisory committee shall constitute a quorum for the transaction of any business or the exercise of any power of the advisory committee. For the transaction of any business or the exercise of any power of the advisory committee, and except as otherwise provided in this section, the advisory committee may act by a majority of the members present at any meeting at which a quorum is in attendance.
(d) No member of the Connecticut Arts Council shall receive compensation for such member's services, except that each member shall be entitled to reimbursement for actual and necessary expenses incurred during the performance of such member's official duties.
Sec. 86. (NEW) (Effective July 1, 2013) (a) In accordance with subdivision (4) of section 10-400 of the general statutes, the Connecticut Arts Council is authorized to establish and manage a nonprofit foundation, the Connecticut Arts Council Foundation and shall serve as the board of directors of such foundation.
(b) The Connecticut Arts Council Foundation established pursuant to subsection (a) of this section may, subject to the direction, regulation and authorization or ratification by the board of directors:
(1) Receive, solicit, contract for and collect, and hold in separate custody for purposes herein expressed or implied, endowments, donations, compensation and reimbursement, in the form of money paid or promised, services, materials, equipment or any other things tangible or intangible that may be acceptable to the foundation;
(2) Disburse funds acquired by the foundation from any source, for (A) purposes of fostering the creation, preservation and expansion of the arts in the state, (B) the dissemination of information related to such activities, and (C) other purposes approved by the board and consistent with sections 10-400 to 10-402, inclusive, of the general statutes;
(3) Apply for and receive assistance from any source, including grants of money and services from national and state bodies and foundations; and
(4) Execute contracts for the purpose of carrying out the provisions of sections 10-400 to 10-402, inclusive, of the general statutes.
(c) The Connecticut Arts Council Foundation shall comply with the requirements of section 4-37f of the general statutes. All property and rights of every character, tangible and intangible, placed in the custody of the foundation in accordance with said section shall be held by the foundation in trust for the uses specified herein and in section 10-400 of the general statutes. The entire beneficial ownership thereof shall vest in the Department of Economic and Community Development and the board of directors shall exercise complete control thereof.
Sec. 87. Section 10-405 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
For purposes of this section and sections 10-406 to 10-408, inclusive:
(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) "Department" means the Department of Economic and Community Development;
(3) "Connecticut Arts Council" means the council established pursuant to section 85 of this act;
(4) "Connecticut Arts Council Foundation" means the nonprofit foundation established pursuant to section 86 of this act;
[(3)] (5) "Contribution" means cash, negotiable securities or other gifts of similar liquidity;
[(4)] (6) "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)] (7) "Fiscal year" means a period of twelve calendar months as determined by the arts organization's bylaws.
Sec. 88. Section 10-406 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
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, 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 department and the Connecticut Arts Council of the total amount of investment earnings of the fund for the prior fiscal year and such amount shall be available to the department for payments pursuant to sections 10-407 and 10-408. 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. 89. Section 10-408 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
Annually, on or before December fifteenth, an arts organization may apply to the 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 Connecticut Arts Council shall notify the department who 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 department and the department shall, on or before April fifteenth, pay to each arts organization a grant as calculated pursuant to said section 10-407.
Sec. 90. (NEW) (Effective July 1, 2013) (a) There is established a Commission on Citizen Advocacy. The commission shall consist of seven members appointed as follows: (1) One member representing the homosexual, bisexual or transgender population of the state, appointed by the Joint Committee on Legislative Management; (2) one member representing the Latino and Puerto Rican population of the state, appointed by the president pro tempore of the Senate; (3) one member representing the African-American population of the state, appointed by the majority leader of the Senate; (4) one member representing the Asian Pacific American population of the state, appointed by the minority leader of the Senate; (5) one member representing the elderly population of the state, appointed by the speaker of the House of Representatives; (6) one member representing women of the state, appointed by the majority leader of the House of Representatives; and (7) one member representing the children of the state, appointed by the minority leader of the House of Representatives. All appointed members shall be an advocate or an academic, civic or cultural leader. Each member of the commission shall serve for a term of two years from July first in the year of his or her appointment. The commission shall elect a chairperson and a vice-chairperson from among its members who shall each serve in such capacity for a period of two years. Any person absent from (A) three consecutive meetings of the commission, or (B) fifty per cent of such meetings during any calendar year shall be deemed to have resigned from the commission, effective immediately.
(b) Vacancies on the commission shall be filled by the appointing authority. Members of the commission shall serve without compensation but shall, within the limits of available funds, be reimbursed for expenses necessarily incurred in the performance of their duties. The commission shall meet as often as deemed necessary by the chairperson or a majority of the commission.
(c) There shall be an executive director of the Commission on Citizen Advocacy. The executive director and any necessary staff shall be employed by the Joint Standing Committee on Legislative Management. The commission shall have no authority over staffing or personnel matters.
(d) The commission shall be part of the Legislative Department.
(e) The commission shall: (1) Review and comment on any proposed state legislation or recommendations that may affect citizens represented by the membership on the commission and provide copies of any such comments to members of the General Assembly; (2) advise the Governor and the General Assembly concerning the coordination and administration of state programs affecting such citizens; and (3) conduct educational and outreach activities intended to raise awareness of critical issues for such citizens.
(f) The commission may: (1) Request, and shall receive, from any state agency such information and assistance as the commission may require; (2) use such funds as may be available from federal, state or other sources and may enter into contracts to carry out the purposes of this section; (3) utilize voluntary and uncompensated services of individuals, state or federal agencies and organizations as may, from time to time, be offered and needed; (4) recommend policies to federal agencies and political subdivisions of the state relative to such populations of the state; (5) accept any gift, donation or bequest for the purpose of performing the commission's duties; (6) hold public hearings; (7) establish task forces, as necessary, to perform the duties described; (8) adopt regulations, in accordance with chapter 54 of the general statutes, as it may deem necessary to carry out its duties; and (9) inform leaders of business, education, state and local governments and the communications media of the nature and scope of the problems faced by such populations of the state, with a view to enlisting such persons' support in working toward solving such problems.
Sec. 91. Section 2-53m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The [select] joint standing committee of the General Assembly having cognizance of matters relating to children, in consultation with the Office of Fiscal Analysis [,] and the Office of Legislative Research, [and the Commission on Children,] shall maintain an annual report card that evaluates the progress of state policies and programs in promoting the result that all Connecticut children grow up in a stable living environment, safe, healthy and ready to lead successful lives. Progress shall be measured by primary indicators of progress, including, but not limited to, indicators established in the final report of the Legislative Program Review and Investigations Committee prepared pursuant to the provisions of section 1 of public act 09-166, of state-wide rates of child abuse, child poverty, low birth weight [,] and third grade reading proficiency. [, and the annual social health index developed pursuant to section 46a-131a.] For each indicator, the data shall also be presented according to ethnicity or race, gender, geography and, where appropriate, age and other relevant characteristics. Said committee shall prepare the report card on or before January 15, 2012, and annually thereafter. On or before January 15, 2012, and annually thereafter, said committee shall make the report card available to the public on the Internet and on the web site of the General Assembly and shall transmit the report card electronically to (1) members of the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and human services, (2) the Commissioners of Children and Families, Education and Public Health, (3) the Child Advocate, (4) the Secretary of the Office of Policy and Management, and (5) the Chief Court Administrator.
(b) On or before January 15, 2012, the [select] joint standing committee of the General Assembly having cognizance of matters relating to children, in consultation with a working group of representatives of state agencies and departments, community organizations, private provider agencies operating programs that impact the well-being of children and families, parents and other caretakers of children, child advocacy organizations, health care professionals that serve children and families, schools, and child care providers, shall identify or develop (1) an indicator for measuring whether children are living with their families and have stability in their living environments, (2) secondary indicators for measuring progress within each area of children's well-being related to measuring progress in their health, safety, stability, education and future success, including, but not limited to, food security, and (3) key measures of performance of the state child welfare system, including, but not limited to, (A) rates of repeat maltreatment among victims of child abuse and neglect; (B) placement in out-of-home care among children at risk of abuse and neglect; (C) child fatalities involving child abuse or neglect; (D) rates of reunification and permanency for children removed from their homes; and (E) the developmental and health status and educational progress of children served by the child welfare system and other appropriate measures of well-being and preparation for success in life. Not less than annually, said committee shall: (i) With the assistance of the working group, review the adequacy of primary and secondary indicators, system-level performance measures, and related data resources for such indicators and measures, and determine whether there are more appropriate alternatives to monitoring progress in achieving the result that all Connecticut children grow up in a stable living environment, safe, healthy and ready to lead successful lives, and (ii) in consultation with the results-based accountability subcommittee of the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, identify programs within the child welfare system that make a significant contribution to achieving such result and require the entities administering such programs to prepare annual report cards employing the results-based format developed by said subcommittee.
Sec. 92. Subsection (a) of section 4-67x of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There shall be a Child Poverty and Prevention Council consisting of the following members or their designees: The Secretary of the Office of Policy and Management, the president pro tempore of the Senate, the speaker of the House of Representatives, the minority leader of the Senate and the minority leader of the House of Representatives, the Commissioners of Children and Families, Social Services, Correction, Developmental Services, Mental Health and Addiction Services, Transportation, Public Health, Education and Economic and Community Development, the Labor Commissioner, the Chief Court Administrator, the chairperson of the Board of Regents for Higher Education, the Child Advocate, the chairperson of the Children's Trust Fund Council and the executive directors of the Commission on [Children] Citizen Advocacy and the Commission on Human Rights and Opportunities. The Secretary of the Office of Policy and Management, or the secretary's designee, shall be the chairperson of the council. The council shall (1) develop and promote the implementation of a ten-year plan, to begin June 8, 2004, to reduce the number of children living in poverty in the state by fifty per cent, and (2) within available appropriations, establish prevention goals and recommendations and measure prevention service outcomes in accordance with this section in order to promote the health and well-being of children and families.
Sec. 93. Subsection (h) of section 4-67x of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(h) Not later than July 1, 2006, the Office of Policy and Management shall, within available appropriations, develop a protocol requiring state contracts for programs aimed at reducing poverty for children and families to include performance-based standards and outcome measures related to the child poverty reduction goal specified in subsection (a) of this section. Not later than July 1, 2007, the Office of Policy and Management shall, within available appropriations, require such state contracts to include such performance-based standards and outcome measures. The Secretary of the Office of Policy and Management [may consult with the Commission on Children to identify academic, private and other available funding sources and] may accept and utilize funds from private and public sources to implement the provisions of this section.
Sec. 94. Subsection (d) of section 7-127c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(d) The Department of Education may adopt and disseminate to municipalities guidelines as to the role and duties of municipal agents and such informational and technical materials as may assist such agents in the performance of their duties. The department [, in collaboration with the Commission on Children,] may provide training for municipal agents within the available resources of the department. [and the commission.]
Sec. 95. Subsection (c) of section 10-16n of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(c) There is established a committee to advise the Commissioner of Education concerning the coordination, priorities for allocation and distribution, and utilization of funds for Head Start and concerning the competitive grant program established under this section, and to evaluate programs funded pursuant to this section. The committee shall consist of the following members: (1) One member designated by the Commissioner of Social Services; (2) six members who are directors of Head Start programs, two from community action agency program sites or school readiness liaisons, one of whom shall be appointed by the president pro tempore of the Senate and one by the speaker of the House of Representatives, two from public school program sites, one of whom shall be appointed by the majority leader of the Senate and one by the majority leader of the House of Representatives, and two from other nonprofit agency program sites, one of whom shall be appointed by the minority leader of the Senate and one by the minority leader of the House of Representatives; (3) one member designated by the Commission on [Children] Citizen Advocacy; (4) one member designated by the Early Childhood Education Cabinet; (5) two members designated by the Head Start Association, one of whom shall be the parent of a present or former Head Start student; (6) one member designated by the Connecticut Association for Community Action who shall have expertise and experience concerning Head Start; (7) one member designated by the Region I Office of Head Start within the federal Administration of Children and Families of the Department of Health and Human Services; and (8) the director of the Head Start Collaboration Office.
Sec. 96. Subsection (b) of section 10-16v of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) The after school committee shall be appointed by the Commissioner of Education, in consultation with the Commissioner of Social Services, [and the executive director of the Commission on Children] and shall include, but not be limited to, persons having expertise in after school programs, after school program providers, local elected officials, members of community agencies, members of the business community and professional educators.
Sec. 97. Subsection (a) of section 10-16z of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There is established the Early Childhood Education Cabinet. The cabinet shall consist of: (1) The Commissioner of Education, or the commissioner's designee, (2) one representative from the Department of Education who is responsible for programs required under the Individuals With Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time, appointed by the Commissioner of Education, (3) the Commissioner of Social Services, or the commissioner's designee, (4) a representative from an institution of higher education in this state appointed by the president of the Board of Regents for Higher Education, (5) the Commissioner of Public Health, or the commissioner's designee, (6) the Commissioner of Developmental Services, or the commissioner's designee, (7) the Commissioner of Children and Families, or the commissioner's designee, (8) the executive director of the Commission on [Children] Citizen Advocacy, or the executive director's designee, (9) the project director of the Connecticut Head Start State Collaboration Office, (10) a parent or guardian of a child who attends or attended a school readiness program appointed by the minority leader of the House of Representatives, (11) a representative of a local provider of early childhood education appointed by the minority leader of the Senate, (12) a representative of the Connecticut Family Resource Center Alliance appointed by the majority leader of the House of Representatives, (13) a representative of a state funded child care center appointed by the majority leader of the Senate, (14) two appointed by the speaker of the House of Representatives, one of whom is a member of the House of Representatives and one of whom is a parent who has a child attending a school in a priority school district, (15) two appointed by the president pro tempore of the Senate, one of whom is a member of the Senate and one of whom is a representative of a public elementary school with a prekindergarten program, (16) two appointed by the Governor, one of whom is a representative of the Connecticut Head Start Association and one of whom is a representative of the business or philanthropic community in this state, and (17) the Secretary of the Office of Policy and Management, or the secretary's designee. The chairperson of the council shall be appointed from among its members by the Governor.
Sec. 98. Subsection (a) of section 10-76i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There shall be an Advisory Council for Special Education which shall advise the General Assembly, State Board of Education and the Commissioner of Education, and which shall engage in such other activities as described in this section. On and after July 1, 2012, the advisory council shall consist of the following members: (1) Nine appointed by the Commissioner of Education, (A) six of whom shall be (i) the parents of children with disabilities, provided such children are under the age of twenty-seven, or (ii) individuals with disabilities, (B) one of whom shall be an official of the Department of Education, (C) one of whom shall be a state or local official responsible for carrying out activities under Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act, 42 USC 11431 et seq., as amended from time to time, and (D) one of whom shall be a representative of an institution of higher education in the state that prepares teacher and related services personnel; (2) one appointed by the Commissioner of Developmental Services who shall be an official of the department; (3) one appointed by the Commissioner of Children and Families who shall be an official of the department; (4) one appointed by the Commissioner of Correction who shall be an official of the department; (5) the director of the Office of Protection and Advocacy for Persons with Disabilities, or the director's designee; (6) [one appointed by the director of the Parent Leadership Training Institute within the Commission on Children who shall be (A) the parent of a child with a disability, provided such child is under the age of twenty-seven, or (B) an individual with a disability; (7)] a representative from the parent training and information center for Connecticut established pursuant to the Individuals With Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time; [(8)] (7) the Commissioner of Rehabilitation Services, or the commissioner's designee; [(9)] (8) five who are members of the General Assembly who shall serve as nonvoting members of the advisory council, one appointed by the speaker of the House of Representatives, one appointed by the majority leader of the House of Representatives, one appointed by the minority leader of the House of Representatives, one appointed by the president pro tempore of the Senate and one appointed by the minority leader of the Senate; [(10)] (9) one appointed by the president pro tempore of the Senate who shall be a member of the Connecticut Speech-Language-Hearing Association; [(11)] (10) one appointed by the majority leader of the Senate who shall be a public school teacher; [(12)] (11) one appointed by the minority leader of the Senate who shall be a representative of a vocational, community or business organization concerned with the provision of transitional services to children with disabilities; [(13)] (12) one appointed by the speaker of the House of Representatives who shall be a member of the Connecticut Council of Special Education Administrators and who is a local education official; [(14)] (13) one appointed by the majority leader of the House of Representatives who shall be a representative of charter schools; [(15)] (14) one appointed by the minority leader of the House of Representatives who shall be a member of the Connecticut Association of Private Special Education Facilities; [(16)] (15) one appointed by the Chief Court Administrator of the Judicial Department who shall be an official of such department responsible for the provision of services to adjudicated children and youth; [(17)] (16) seven appointed by the Governor, all of whom shall be (A) the parents of children with disabilities, provided such children are under the age of twenty-seven, or (B) individuals with disabilities; and [(18)] (17) such other members as required by the Individuals with Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time, appointed by the Commissioner of Education. Appointments made pursuant to the provisions of this section shall be representative of the ethnic and racial diversity of, and the types of disabilities found in, the state population. The terms of the members of the council serving on June 8, 2010, shall expire on June 30, 2010. Appointments shall be made to the council by July 1, 2010. Members shall serve two-year terms, except that members appointed pursuant to subdivisions (1) to (3), inclusive, of this subsection whose terms commenced July 1, 2010, shall serve three-year terms and the successors to such members appointed pursuant to subdivisions (1) to (3), inclusive, of this subsection shall serve two-year terms.
Sec. 99. Subsection (a) of section 10-222i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The Department of Education, in consultation with the State Education Resource Center [,] and the Governor's Prevention Partnership, [and the Commission on Children,] shall establish, within available appropriations, a state-wide safe school climate resource network for the identification, prevention and education of school bullying in the state. Such state-wide safe school climate resource network shall make available to all schools information, training opportunities and resource materials to improve the school climate to diminish bullying.
Sec. 100. Subsection (a) of section 17a-219c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There is established a Family Support Council to assist the Department of Developmental Services and other state agencies that administer or fund family support services to act in concert and, within available appropriations, to (1) establish a comprehensive, coordinated system of family support services, (2) use existing state and other resources efficiently and effectively as appropriate for such services, (3) identify and address services that are needed for families of children with disabilities, and (4) promote state-wide availability of such services. The council shall consist of twenty-seven voting members including the Commissioners of Public Health, Developmental Services, Children and Families, Education and Social Services, or their designees, the Child Advocate or the Child Advocate's designee, the executive director of the Office of Protection and Advocacy for Persons with Disabilities or the executive director's designee, the chairperson of the State Interagency Birth-to-Three Coordinating Council, established pursuant to section 17a-248b, or the chairperson's designee, the executive director of the Commission on [Children] Citizen Advocacy or the executive director's designee, and family members of, or individuals who advocate for, children with disabilities. The family members or individuals who advocate for children with disabilities shall comprise two-thirds of the council and shall be appointed as follows: Six by the Governor, three by the president pro tempore of the Senate, two by the majority leader of the Senate, one by the minority leader of the Senate, three by the speaker of the House of Representatives, two by the majority leader of the House of Representatives and one by the minority leader of the House of Representatives. All appointed members serving on or after October 5, 2009, including members appointed prior to October 5, 2009, shall serve in accordance with the provisions of section 4-1a. Members serving on or after October 5, 2009, including members appointed prior to October 5, 2009, shall serve no more than eight consecutive years on the council. The council shall meet at least quarterly and shall select its own chairperson. Council members shall serve without compensation but shall be reimbursed for necessary expenses incurred. The costs of administering the council shall be within available appropriations in accordance with this section and sections 17a-219a and 17a-219b.
Sec. 101. Section 17b-748 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
There is established a Child Day Care Council consisting of the Commissioner of Public Health, the Commissioner of Social Services, the Commissioner of Children and Families, the Commissioner of Education and the Commissioner of Economic and Community Development or a representative of each designated by him in writing to serve as such representative, and [sixteen] fifteen other persons appointed by the Governor. Said council shall be within the Department of Social Services for administrative purposes only. Of the persons appointed by the Governor, one shall be from among those recommended by the Connecticut Association for Education of Young Children; one shall be a member of a community council; one shall be a member of a community action program; one shall be a member of a child development or early childhood education department of a Connecticut college or university; four shall be providers of child day care services, two of whom shall be family day care providers, and two shall be child day care center providers; one shall be from among those recommended by the [Permanent Commission on the Status of Women; one shall be from among those recommended by the Connecticut] Commission on [Children] Citizen Advocacy; one shall be from among those recommended by the American Academy of Pediatrics; one shall be a member of an advocacy group concerned with young children and their families; one shall be from among those recommended by the AFL-CIO Labor Council who is a member of organized labor; one shall be a member of the Connecticut Business and Industry Association; and two shall be parents, each of whom shall have a child enrolled in a child day care service. The members of the council shall serve without compensation but shall be reimbursed for necessary expenses incurred in the course of their duties. The chairperson and the vice-chairperson of the council shall be elected by the full membership of the council from among the persons appointed by the Governor and shall serve for a term of one year. The council shall meet at least ten times per year. Any appointed 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. The council shall recommend to the Commissioner of Public Health regulations which shall effectuate the purposes of this section and sections 17b-733, 19a-77, 19a-79, 19a-80, 19a-82 to 19a-87, inclusive, and 19a-87b to 19a-87e, inclusive, including regulations relating to licensing, operation, program and professional qualifications of the staff of child day care centers, group day care homes and family day care homes and shall make recommendations to the Commissioner of Public Health on the administration of said sections. The Child Day Care Council shall also make recommendations to the Department of Social Services as the lead agency for day care on grants management and the planning and development of child day care services. In addition, the council shall provide guidelines for drop-in supplementary child care operations. Before making such recommendations, the council shall hold public hearings and invite suggestions from parents of children utilizing child day care services, as defined in section 19a-77, and from providers of such services and other interested parties. The Child Day Care Council shall study issues affecting child day care and make recommendations to the General Assembly. The council shall serve as an advisory committee to the Department of Social Services in the development of the state child care plan required pursuant to the Child Care Development and Improvement Act of 1990 and shall conduct biennial public hearings on such state plan.
Sec. 102. Subsection (a) of section 17b-751c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There is established a Nurturing Families Network Advisory Commission to monitor the state-wide system for the Nurturing Families Network developed pursuant to section 17b-751b. The commission shall consist of: (1) One member appointed by the speaker of the House of Representatives and one member appointed by the president pro tempore of the Senate, who shall be members of the General Assembly; (2) one member appointed by the minority leader of the House of Representatives and one member appointed by the minority leader of the Senate, who shall be members of the General Assembly; (3) a representative of the Governor; (4) the Commissioner of Children and Families, or his designee; (5) the Commissioner of Social Services, or his designee; (6) the Commissioner of Public Health, or his designee; (7) the Commissioner of Education, or his designee; (8) the Secretary of the Office of Policy and Management, or his designee; (9) the executive director of the Commission on [Children] Citizen Advocacy, or [his] a designee; (10) a representative of the Child Advocate's Office, who shall be appointed by the minority leader of the House of Representatives; and (11) a representative of the Connecticut Chapter of the National Committee to Prevent Child Abuse who shall be appointed by the majority leader of the Senate.
Sec. 103. Subsection (b) of section 19a-59c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) There is established a Women, Infants and Children Advisory Council consisting of the chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to public health; the Commissioner of Public Health or a designee; the executive director of the Commission on [Children] Citizen Advocacy or a designee; a nutrition educator, appointed by the Governor; two local directors of the Women, Infants and Children program, one each appointed by the president pro tempore of the Senate and the speaker of the House of Representatives; two recipients of assistance under the Women, Infants and Children program, one each appointed by the majority leaders of the Senate and the House of Representatives; and two representatives of an anti-hunger organization, one each appointed by the minority leaders of the Senate and the House of Representatives. Council members shall serve for a term of two years. The chairperson and the vice-chairperson of the council shall be elected by the full membership of the council. Vacancies shall be filled by the appointing authority. The council shall meet at least twice a year. Council members shall serve without compensation. The council shall advise the Department of Public Health on issues pertaining to increased participation and access to services under the federal Special Supplemental Food Program for Women, Infants and Children.
Sec. 104. Subsection (c) of section 28-5 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(c) The Commissioner of Emergency Services and Public Protection shall, within available appropriations and in consultation with the Commissioners of Social Services, Public Health, Children and Families, Mental Health and Addiction Services and Education, and the Commission on [Children] Citizen Advocacy, update and amend the state civil preparedness plan and program established pursuant to subsection (b) of this section to address the needs of children during natural disasters, man-made disasters and terrorism. The plan may also be amended in consultation with parents, local emergency services and child care providers. The amended plan shall include, but not be limited to, a requirement that all schools and licensed and regulated child day care services, as defined in section 19a-77, have written multihazard disaster response plans that address (1) the evacuation and removal of children to a safe location, (2) notification of parents in the event of a disaster or terrorism, (3) reunification of parents with their children, and (4) care for children with special needs during a disaster or terrorism.
Sec. 105. Subsection (c) of section 46b-69c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(c) The advisory committee shall consist of not more than ten members to be appointed by the Chief Justice of the Supreme Court and shall include members who represent the Commission on [Children] Citizen Advocacy, the family law section of the Connecticut Bar Association, educators specializing in children studies, agencies representing victims of family violence, service providers and the Judicial Department. The members shall serve for terms of two years and may be reappointed for succeeding terms. The members shall elect a chairperson from among their number and shall receive no compensation for their services.
Sec. 106. Subsection (d) of section 17b-297 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(d) The commissioner, in consultation with [the Latino and Puerto Rican Affairs Commission, the African-American Affairs] Commission on Citizen Advocacy, representatives from minority community-based organizations and any other state and local organizations deemed appropriate by the commissioner, shall develop and implement outreach efforts that target medically underserved children and adults, particularly Latino and other minority children and adults, to increase enrollment of such children and adults in the HUSKY Plan, Part A or Part B. Such efforts shall include, but not be limited to, developing culturally appropriate outreach materials, advertising through Latino media outlets and other minority media outlets, and the public education, outreach and recruitment activities described in subsections (a) to (c), inclusive, of this section.
Sec. 107. Subsection (a) of section 19a-6g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There is established a HealthFirst Connecticut Authority composed of the following members: Two appointed by the speaker of the House of Representatives, one of whom is a health care provider and one of whom represents businesses with fifty or more employees; two appointed by the president pro tempore of the Senate, one of whom has experience in community-based health care and one of whom represents businesses with fewer than fifty employees; one appointed by the majority leader of the House of Representatives who represents consumers; one appointed by the majority leader of the Senate who represents the interests of labor; one appointed by the minority leader of the House of Representatives who represents health insurance companies; one appointed by the minority leader of the Senate who represents hospitals; and two appointed by the Governor, one of whom advocates for health care quality or patient safety and one with experience in information technology. The Insurance Commissioner and the Commissioners of Public Health and Social Services or their designees, the Healthcare Advocate or the Healthcare Advocate's designee, the executive director of the [Permanent Commission on the Status of Women or the executive director's designee, the executive director of the African-American Affairs Commission or the executive director's designee, the executive director of the Latino and Puerto Rican Affairs] Commission on Citizen Advocacy or the executive director's designee and the Comptroller or Comptroller's designee shall be ex-officio, nonvoting members.
Sec. 108. Subsection (b) of section 19a-6j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) The advisory panel shall consist of the following members:
(1) One appointed by the Governor, as recommended by the Connecticut Advanced Practice Registered Nurse Society, who shall be a nonphysician medical clinician with significant experience in treating persons with lupus;
(2) Five appointed by the Commissioner of Public Health; one of whom shall be a person with lupus recommended by the state chapter of the Lupus Foundation of America; one of whom shall be a scientist from a university based in the state who has experience in lupus and who participates in various fields of scientific endeavor, including, but not limited to, biomedical, social, translational, behavioral or epidemiological research recommended by the Medical and Scientific Advisory Council of the state chapter of the Lupus Foundation of America; one of whom shall be a physician with significant experience in treating persons with lupus recommended by the Connecticut Medical Society; one of whom shall be a representative from the state chapter of the Lupus Foundation of America; and one of whom shall be a state resident representing the Lupus Research Institute;
(3) One appointed by the speaker of the House of Representatives;
(4) One appointed by the president pro tempore of the Senate;
(5) One appointed by the minority leader of the House of Representatives;
(6) One appointed by the minority leader of the Senate; and
(7) One appointed by the executive director of the [Permanent Commission on the Status of Women] Commission on Citizen Advocacy. [;
(8) One appointed by the executive director of the African-American Affairs Commission; and
(9) One appointed by the executive director of the Latino and Puerto Rican Affairs Commission.]
Sec. 109. Subsection (a) of section 38a-1051 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Whereas the General Assembly finds that: (1) Equal enjoyment of the highest attainable standard of health is a human right and a priority of the state, (2) research and experience demonstrate that inhabitants of the state experience barriers to the equal enjoyment of good health based on race, ethnicity, gender, national origin and linguistic ability, and (3) addressing such barriers, and others that may arise in the future, requires: The collection, analysis and reporting of information, the identification of causes, and the development and implementation of policy solutions that address health disparities while improving the health of the public as a whole therefore, there is established a Commission on Health Equity with the mission of eliminating disparities in health status based on race, ethnicity, gender and linguistic ability, and improving the quality of health for all of the state's residents. Such commission shall consist of the following commissioners, or their designees, and public members: (A) The Commissioners of Public Health, Mental Health and Addiction Services, Developmental Services, Social Services, Correction, Children and Families, and Education; (B) the dean of The University of Connecticut Health Center, or his designee; (C) the director of The University of Connecticut Health Center and Center for Public Health and Health Policy, or their designees; (D) the dean of the Yale University Medical School, or his designee; (E) the dean of Public Health and the School of Epidemiology at Yale University, or his designee; (F) one member appointed by the president pro tempore of the Senate, who shall be a member of an affiliate of the National Urban League; (G) one member appointed by the speaker of the House of Representatives, who shall be a member of the National Association for the Advancement of Colored People; (H) one member appointed by the majority leader of the House of Representatives, who shall be a member of the Black and Puerto Rican Caucus of the General Assembly; (I) one member appointed by the majority leader of the Senate with the advice of the Native American Heritage Advisory Council or the chairperson of the Indian Affairs Council, who shall be a representative of the Native American community; (J) one member appointed by the minority leader of the Senate, who shall be a representative of an advocacy group for Hispanics; (K) one member appointed by the minority leader of the House of Representatives, who shall be a representative of the state-wide Multicultural Health Network; (L) the chairperson of the [African-American Affairs] Commission on Citizen Advocacy, or his or her designee; (M) [the chairperson of the Latino and Puerto Rican Affairs Commission, or his or her designee; (N) the chairperson of the Permanent Commission on the Status of Women, or his or her designee; (O) the chairperson of the Asian Pacific American Affairs Commission, or his or her designee; (P)] the director of the Hispanic Health Council, or his or her designee; [(Q)] (N) the chairperson of the Office of the Healthcare Advocate, or his or her designee; and [(R)] (O) eight members of the public, representing communities facing disparities in health status based on race, ethnicity, gender and linguistic ability, who shall be appointed as follows: Two by the president pro tempore of the Senate, two by the speaker of the House of Representatives, two by the minority leader of the Senate, and two by the minority leader of the House of Representatives. Vacancies on the council shall be filled by the appointing authority.
Sec. 110. Subsections (b) and (c) of section 46a-170 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) The council shall consist of the following members: The Attorney General, the Chief State's Attorney, the Chief Public Defender, the Commissioner of Emergency Services and Public Protection, the Labor Commissioner, the Commissioner of Social Services, the Commissioner of Public Health, the Commissioner of Mental Health and Addiction Services, the Commissioner of Children and Families, the Child Advocate, the Victim Advocate, the [chairperson of the Commission on Children, the chairperson of the Permanent Commission on the Status of Women, the chairperson of the Latino and Puerto Rican Affairs Commission, the chairperson of the African-American Affairs Commission] chairperson of the Commission on Citizen Advocacy, three representatives of the Judicial Branch appointed by the Chief Court Administrator, one of whom shall represent the Office of Victim Services and one of whom shall represent the Court Support Services Division, and a municipal police chief appointed by the Connecticut Police Chiefs Association, or a representative of any such member who has been designated in writing by such member to serve as such member's representative, and seven public members appointed as follows: The Governor shall appoint one member who shall represent Connecticut Sexual Assault Crisis Services, Inc., the president pro tempore of the Senate shall appoint one member who shall represent an organization that provides civil legal services to low-income individuals, the speaker of the House of Representatives shall appoint one member who shall represent the Connecticut Coalition Against Domestic Violence, the majority leader of the Senate shall appoint one member who shall represent an organization that deals with behavioral health needs of women and children, the majority leader of the House of Representatives shall appoint one member who shall represent an organization that advocates on social justice and human rights issues, the minority leader of the Senate shall appoint one member who shall represent the Connecticut Immigrant and Refugee Coalition, and the minority leader of the House of Representatives shall appoint one member who shall represent the Asian-American community.
(c) The chairperson of the [Permanent Commission on the Status of Women] Commission on Citizen Advocacy shall serve as chairperson of the council. The members of the council shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties.
Sec. 111. Subsection (a) of section 51-10c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There is established a Commission on Racial and Ethnic Disparity in the Criminal Justice System. The commission shall consist of the Chief Court Administrator, the Chief State's Attorney, the Chief Public Defender, the Commissioner of Emergency Services and Public Protection, the Commissioner of Correction, the Commissioner of Children and Families, the Child Advocate, the Victim Advocate, the chairperson of the Board of Pardons and Paroles, the chairperson of the [African-American Affairs] Commission on Citizen Advocacy, or a designee, [the chairperson of the Latino and Puerto Rican Affairs Commission, or their designees,] a representative of municipal police chiefs, a representative of a coalition representing police and correctional officers, six members appointed one each by the president pro tempore of the Senate, the speaker of the House of Representatives, the majority leader of the Senate, the majority leader of the House of Representatives, the minority leader of the Senate and the minority leader of the House of Representatives, and two members appointed by the Governor. The Chief Court Administrator or said administrator's designee shall serve as chairperson of the commission. The commission shall meet at such times as it deems necessary.
Sec. 112. Subsection (b) of section 54-1s of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) The board shall include the following members:
(1) The Chief State's Attorney, or a designee;
(2) The Chief Public Defender, or a designee;
(3) The president of the Connecticut Police Chiefs Association, or a designee;
(4) The executive director of the [African-American Affairs] Commission on Citizen Advocacy, or a designee;
[(5) The executive director of the Latino and Puerto Rican Affairs Commission, or a designee;
(6) The executive director of the Asian Pacific American Affairs Commission, or a designee;]
[(7)] (5) The executive director of the Commission on Human Rights and Opportunities, or a designee;
[(8)] (6) The Commissioner of Emergency Services and Public Protection, or a designee;
[(9)] (7) The Commissioner of Transportation, or a designee;
[(10)] (8) The director of the Institute for Municipal and Regional Policy at Central Connecticut State University, or a designee; and
[(11)] (9) Such other members as the board may prescribe.
Sec. 113. Subsection (c) of section 3-123aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(c) There is established an advisory committee to the Connecticut Homecare Option Program for the Elderly, which shall consist of the State Treasurer, the Comptroller, the Commissioner of Social Services, a representative of the Commission on [Aging] Citizen Advocacy, the director of the long-term care partnership policy program within the Office of Policy and Management, and the cochairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to human services, [and] finance, revenue and bonding and [the cochairpersons and ranking members of the select committee having cognizance of matters relating to] aging, or their designees. The Governor shall appoint one provider of home care services for the elderly and a physician specializing in geriatric care. The advisory committee shall meet at least annually. The State Comptroller shall convene the meetings of the committee.
Sec. 114. Subsection (a) of section 16a-41b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There shall be a Low-Income Energy Advisory Board which shall consist of the following members or their designees: The executive director of the Commission on [Aging] Citizen Advocacy; a representative of each electric and gas public service company designated by each such company; the chairperson of the Public Utilities Regulatory Authority; the Consumer Counsel; the executive director of Operation Fuel; the executive director of Infoline; the director of the Connecticut Local Administrators of Social Services; the executive director of Legal Assistance Resource Center of Connecticut; the Connecticut president of AARP; a designee of the Norwich Public Utility; a designee of the Independent Connecticut Petroleum Association; and a representative of the community action agencies administering energy assistance programs under contract with the Department of Social Services, designated by the Connecticut Association for Community Action. The Secretary of the Office of Policy and Management and the Commissioners of Social Services and Energy and Environmental Protection, or their designees, shall serve as nonvoting members of the board.
Sec. 115. Section 17a-450a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The Department of Mental Health and Addiction Services shall constitute a successor department to the Department of Mental Health. [Whenever the words "Commissioner of Mental Health" are used or referred to in the following general statutes, the words "Commissioner of Mental Health and Addiction Services" shall be substituted in lieu thereof and whenever the words "Department of Mental Health" are used or referred to in the following general statutes, the words "Department of Mental Health and Addiction Services" shall be substituted in lieu thereof: 4-5, 4-38c, 4-60i, 4-77a, 4a-12, 4a-16, 5-142, 8-206d, 10-19, 10-71, 10-76d, 17a-14, 17a-26, 17a-31, 17a-33, 17a-218, 17a-246, 17a-450, 17a-451, 17a-452, 17a-453, 17a-454, 17a-455, 17a-456, 17a-457, 17a-458, 17a-459, 17a-460, 17a-464, 17a-465, 17a-466, 17a-467, 17a-468, 17a-470, 17a-471, 17a-472, 17a-473, 17a-474, 17a-476, 17a-478, 17a-479, 17a-480, 17a-481, 17a-482, 17a-483, 17a-484, 17a-498, 17a-499, 17a-502, 17a-506, 17a-510, 17a-511, 17a-512, 17a-513, 17a-519, 17a-528, 17a-560, 17a-561, 17a-562, 17a-565, 17a-576, 17a-581, 17a-582, 17a-675, 17b-28, 17b-222, 17b-223, 17b-225, 17b-359, 17b-420, 17b-694, 19a-82, 19a-495, 19a-498, 19a-507a, 19a-507c, 19a-576, 19a-583, 20-14i, 20-14j, 21a-240, 21a-301, 27-122a, 31-222, 38a-514, 46a-28, 51-51o, 52-146h and 54-56d.]
(b) The Department of Mental Health and Addiction Services shall constitute a successor department to the addiction services component of the Department of Public Health and Addiction Services. [Whenever the words "Commissioner of Public Health and Addiction Services" are used or referred to in the following general statutes, the words "Commissioner of Mental Health and Addiction Services" shall be substituted in lieu thereof and whenever the words "Department of Public Health and Addiction Services" are used or referred to in the following general statutes, the words "Department of Mental Health and Addiction Services" shall be substituted in lieu thereof: 4a-12, 17a-670 to 17a-676, inclusive, 17a-678 to 17a-682, inclusive, 17a-684 to 17a-687, inclusive, 17a-691, 17a-694, 17a-710, 17a-712, 17a-713, 19a-89c, 20-74o, 20-74p, 20-74q, 21a-274a, 54-36i and 54-56g.]
(c) Any order or regulation of the Department of Mental Health or the addiction services component of the Department of Public Health and Addiction Services that is in force on July 1, 1995, shall continue in force and effect as an order or regulation of the Department of Mental Health and Addiction Services until amended, repealed or superseded pursuant to law. Where any order or regulation of the departments conflict, the Commissioner of Mental Health and Addiction Services may implement policies and procedures consistent with the provisions of public act 95-257 while in the process of adopting the policy or procedure in regulation form, provided notice of intention to adopt the regulations is printed in the Connecticut Law Journal within twenty days of implementation. The policy or procedure shall be valid until the time final regulations are effective.
Sec. 116. Subsection (f) of section 17a-317 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(f) Any order or regulation of the Department of Social Services [or the Commission on Aging] that is in force on January 1, 2013, shall continue in force and effect as an order or regulation until amended, repealed or superseded pursuant to law.
Sec. 117. Subsections (b) and (c) of section 17b-28 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) On or before June 30, 2011, the council shall be composed of the chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to human services, public health and appropriations and the budgets of state agencies, or their designees; two members of the General Assembly, one to be appointed by the president pro tempore of the Senate and one to be appointed by the speaker of the House of Representatives; [the director of the Commission on Aging, or a designee;] the executive director of the Commission on [Children] Citizen Advocacy, or a designee; a representative of each organization that has been selected by the state to provide managed care and a representative of a primary care case management provider, to be appointed by the president pro tempore of the Senate; two representatives of the insurance industry, to be appointed by the speaker of the House of Representatives; two advocates for persons receiving Medicaid, one to be appointed by the majority leader of the Senate and one to be appointed by the minority leader of the Senate; one advocate for persons with substance use disorders, to be appointed by the majority leader of the House of Representatives; one advocate for persons with psychiatric disabilities, to be appointed by the minority leader of the House of Representatives; two advocates for the Department of Children and Families foster families, one to be appointed by the president pro tempore of the Senate and one to be appointed by the speaker of the House of Representatives; two members of the public who are currently recipients of Medicaid, one to be appointed by the majority leader of the House of Representatives and one to be appointed by the minority leader of the House of Representatives; two representatives of the Department of Social Services, to be appointed by the Commissioner of Social Services; two representatives of the Department of Public Health, to be appointed by the Commissioner of Public Health; two representatives of the Department of Mental Health and Addiction Services, to be appointed by the Commissioner of Mental Health and Addiction Services; two representatives of the Department of Children and Families, to be appointed by the Commissioner of Children and Families; two representatives of the Office of Policy and Management, to be appointed by the Secretary of the Office of Policy and Management; and one representative of the office of the State Comptroller, to be appointed by the State Comptroller.
(c) On and after July 1, 2011, the council shall be composed of the following members:
(1) The chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to human services, public health and appropriations and the budgets of state agencies, or their designees;
(2) Four appointed by the speaker of the House of Representatives, one of whom shall be a member of the General Assembly, one of whom shall be a community provider of adult Medicaid health services, one of whom shall be a recipient of Medicaid benefits for the aged, blind and disabled or an advocate for such a recipient and one of whom shall be a representative of the state's federally qualified health clinics;
(3) Four appointed by the president pro tempore of the Senate, one of whom shall be a member of the General Assembly, one of whom shall be a representative of the home health care industry, one of whom shall be a primary care medical home provider and one of whom shall be an advocate for Department of Children and Families foster families;
(4) Two appointed by the majority leader of the House of Representatives, one of whom shall be an advocate for persons with substance abuse disabilities and one of whom shall be a Medicaid dental provider;
(5) Two appointed by the majority leader of the Senate, one of whom shall be a representative of school-based health centers and one of whom shall be a recipient of benefits under the HUSKY program;
(6) Two appointed by the minority leader of the House of Representatives, one of whom shall be an advocate for persons with disabilities and one of whom shall be a dually eligible Medicaid-Medicare beneficiary or an advocate for such a beneficiary;
(7) Two appointed by the minority leader of the Senate, one of whom shall be a low-income adult recipient of Medicaid benefits or an advocate for such a recipient and one of whom shall be a representative of hospitals;
(8) The executive director of the Commission on [Aging] Citizen Advocacy, or the executive director's designee;
[(9) The executive director of the Commission on Children, or the executive director's designee;]
[(10)] (9) A representative of the Long-Term Care Advisory Council;
[(11)] (10) The Commissioners of Social Services, Children and Families, Public Health, Developmental Services and Mental Health and Addiction Services, or their designees, who shall be ex-officio nonvoting members;
[(12)] (11) The Comptroller, or the Comptroller's designee, who shall be an ex-officio nonvoting member;
[(13)] (12) The Secretary of the Office of Policy and Management, or the secretary's designee, who shall be an ex-officio nonvoting member; and
[(14)] (13) One representative of an administrative services organization which contracts with the Department of Social Services in the administration of the Medicaid program, who shall be a nonvoting member.
Sec. 118. Section 17b-338 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There is established a Long-Term Care Advisory Council which shall consist of the following: (1) The executive director of the Commission on [Aging] Citizen Advocacy, or the executive director's designee; (2) the State Nursing Home Ombudsman, or the ombudsman's designee; (3) the president of the Coalition of Presidents of Resident Councils, or the president's designee; (4) the executive director of the Legal Assistance Resource Center of Connecticut, or the executive director's designee; (5) the state president of AARP, or the president's designee; (6) one representative of a bargaining unit for health care employees, appointed by the president of the bargaining unit; (7) the president of LeadingAge Connecticut, Inc., or the president's designee; (8) the president of the Connecticut Association of Health Care Facilities, or the president's designee; (9) the president of the Connecticut Association of Residential Care Homes, or the president's designee; (10) the president of the Connecticut Hospital Association or the president's designee; (11) the executive director of the Connecticut Assisted Living Association or the executive director's designee; (12) the executive director of the Connecticut Association for Homecare or the executive director's designee; (13) the president of Connecticut Community Care, Inc. or the president's designee; (14) one member of the Connecticut Association of Area Agencies on Aging appointed by the agency; (15) the president of the Connecticut chapter of the Connecticut Alzheimer's Association; (16) one member of the Connecticut Association of Adult Day Centers appointed by the association; (17) the president of the Connecticut Chapter of the American College of Health Care Administrators, or the president's designee; (18) the president of the Connecticut Council for Persons with Disabilities, or the president's designee; (19) the president of the Connecticut Association of Community Action Agencies, or the president's designee; (20) a personal care attendant appointed by the speaker of the House of Representatives; (21) the president of the Family Support Council, or the president's designee; (22) a person who, in a home setting, cares for a person with a disability and is appointed by the president pro tempore of the Senate; (23) three persons with a disability appointed one each by the majority leader of the House of Representatives, the majority leader of the Senate and the minority leader of the House of Representatives; (24) a legislator who is a member of the Long-Term Care Planning Committee; and (25) one member who is a nonunion home health aide appointed by the minority leader of the Senate.
(b) The council shall advise and make recommendations to the Long-Term Care Planning Committee established under section 17b-337.
(c) The Long-Term Care Advisory Council shall seek recommendations from persons with disabilities or persons receiving long-term care services who reflect the socio-economic diversity of the state.
Sec. 119. Section 17b-367 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The Office of Policy and Management, within existing budgetary resources and in consultation with the [Select Committee on Aging, the Commission on Aging] joint standing committee of the General Assembly having cognizance of matters relating to aging, personnel designated by the Commissioner of Social Services who administer the CHOICES health insurance assistance program and the Long-Term Care Advisory Council, shall develop a single consumer-oriented Internet web site that provides comprehensive information on long-term care options that are available in Connecticut. The web site shall also include direct links and referral information regarding long-term care resources, including private and nonprofit organizations offering advice, counseling and legal services.
Sec. 120. Section 4-124bb of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The Labor Department [, in consultation with the Permanent Commission on the Status of Women,] shall, within available appropriations, establish a Connecticut Career Ladder Advisory Committee which shall promote the creation of new career ladder programs and the enhancement of existing career ladder programs for occupations in this state with a projected workforce shortage, as forecasted pursuant to section 4-124w.
(b) The Connecticut Career Ladder Advisory Committee shall be comprised of the following thirteen members: (1) The Commissioners of Education and Public Health and the president of the Board of Regents for Higher Education, or their designees; (2) the Labor Commissioner, or a designee; and (3) the following public members, all of whom shall be selected by the Labor Commissioner, with recommendation of the staff of the Office of Workforce Competitiveness, [in conjunction with the Permanent Commission on the Status of Women,] and knowledgeable about issues relative to career ladder programs or projected workforce shortage areas: (A) One member with expertise in the development of the early childhood education workforce; (B) one member with expertise in job training for women; (C) one member with expertise in the development of the health care workforce; (D) one member with expertise in labor market analysis; (E) one member representing health care employers; (F) one member representing early childhood education employers; and (G) three members with expertise in workforce development programs.
(c) All appointments to the advisory committee shall be made no later than October 1, 2003. Any vacancy shall be filled by the appointing authority. Members shall serve two-year terms and no public member shall serve for more than two consecutive terms.
(d) The advisory committee shall elect two cochairpersons from among its members. The advisory committee shall meet at least bimonthly. Members of the advisory committee shall serve without compensation, except for necessary expenses incurred in the performance of their duties.
(e) For purposes of this section, "career ladder" means any continuum of education and training that leads to a credential, certificate, license or degree and results in career advancement or the potential to earn higher wages in an occupation with a projected workforce shortage, as forecasted pursuant to section 4-124w.
Sec. 121. Subsection (b) of section 10-145a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) Any candidate in a program of teacher preparation leading to professional certification shall be encouraged to successfully complete an intergroup relations component of such a program which shall be developed with the participation of both sexes, and persons of various ethnic, cultural and economic backgrounds. Such intergroup relations program shall have the following objectives: (1) The imparting of an appreciation of the contributions to American civilization of the various ethnic, cultural and economic groups composing American society and an understanding of the life styles of such groups; (2) the counteracting of biases, discrimination and prejudices; and (3) the assurance of respect for human diversity and personal rights. The State Board of Education, the Board of Regents for Higher Education [,] and the Commission on Human Rights and Opportunities [and the Permanent Commission on the Status of Women] shall establish a joint committee composed of members of the [four] three agencies, which shall develop and implement such programs in intergroup relations.
Sec. 122. Subsection (a) of section 19a-112a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There is created a Commission on the Standardization of the Collection of Evidence in Sexual Assault Investigations composed of fourteen members as follows: The Chief State's Attorney or a designee; the executive director of the [Permanent Commission on the Status of Women] Commission on Citizen Advocacy or a designee; the Commissioner of Children and Families or a designee; one member from the Division of State Police and one member from the Division of Scientific Services appointed by the Commissioner of Emergency Services and Public Protection; one member from Connecticut Sexual Assault Crisis Services, Inc. appointed by its board of directors; one member from the Connecticut Hospital Association appointed by the president of the association; one emergency physician appointed by the president of the Connecticut College of Emergency Physicians; one obstetrician-gynecologist and one pediatrician appointed by the president of the Connecticut State Medical Society; one nurse appointed by the president of the Connecticut Nurses' Association; one emergency nurse appointed by the president of the Emergency Nurses' Association of Connecticut; one police chief appointed by the president of the Connecticut Police Chiefs Association; and one member of the Office of Victim Services within the Judicial Department. The Chief State's Attorney or a designee shall be chairman of the commission. The commission shall be within the Division of Criminal Justice for administrative purposes only.
Sec. 123. Subsection (d) of section 31-3g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(d) The Labor Commissioner shall establish an Advisory Council on Displaced Homemakers and appoint not less than ten nor more than fifteen members, including representatives from the Labor Department, the Departments of Education, Higher Education and Social Services, the [Permanent Commission on the Status of Women] Commission on Citizen Advocacy and providers of assistance and program access services, and such other members as the commissioner deems necessary. The advisory council shall consult with and advise the Labor Commissioner and the state-wide coordinator of services for displaced homemakers as to criteria which shall be used to identify displaced homemakers and determine programs and services appropriate to the skills development of the applying displaced homemaker. The advisory council shall develop specific recommendations for funding multiservice programs which meet the training and job placement needs of displaced homemakers.
Sec. 124. Section 31-3cc of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The Connecticut Employment and Training Commission, in cooperation with the [Permanent Commission on the Status of Women and the] Commission on Human Rights and Opportunities, shall regularly collect and analyze data on state-supported training programs that measure the presence of gender or other systematic bias and work with the relevant boards and agencies to correct any problems that are found.
Sec. 125. Section 46b-215a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The Commission for Child Support Guidelines is established to issue child support and arrearage guidelines to ensure the appropriateness of criteria for the establishment of child support awards and to review and issue updated guidelines every four years. Such guidelines shall ensure, subject to section 46b-215c, that current support, health care coverage, child care contribution and orders of payment on any arrearage and past due support shall be based on the income of both parents and the obligor's ability to pay. Such guidelines shall also ensure the appropriateness of periodic payment orders on arrearages when the obligor (1) is the child's legal guardian and resides with the child, or (2) is not the child's legal guardian but has resided with the child either for at least six months immediately preceding the order of payment on the arrearage or for at least six months of the twelve months immediately preceding such order. In such cases, the commission shall consider exemptions similar to those in the uniform contribution scale adopted pursuant to section 4a-12. Updated arrearage guidelines shall be issued at the same time as the child support guidelines.
(b) The commission shall consist of eleven members as follows:
(1) The Chief Court Administrator, or the Chief Court Administrator's designee;
(2) The Commissioner of Social Services, or the commissioner's designee;
(3) The Attorney General, or the Attorney General's designee;
(4) The chairpersons and ranking members of the joint standing committee on judiciary, or their designees;
(5) A representative of the Connecticut Bar Association, designated by the Connecticut Bar Association; and
(6) Three members appointed by the Governor, one of whom represents an agency that delivers legal services to the poor [,] and one of whom represents the financial concerns of child support obligors and one of whom represents the [Permanent Commission on the Status of Women] Commission on Citizen Advocacy.
(c) The Commissioner of Social Services shall convene the commission whenever a review is required to issue updated guidelines pursuant to subsection (a) of this section.
(d) The chairperson of the commission shall be elected by the members of the commission. A vacancy on the commission at any time shall not invalidate any actions taken by the commission during such vacancy, provided at least nine members of the commission are serving at the time of such action.
Sec. 126. Subsection (g) of section 2c-2h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(g) Not later than July 1, 2020, and not later than every ten years thereafter, the joint standing committee of the General Assembly having cognizance of any of the following governmental entities or programs shall conduct a review of the applicable entity or program in accordance with the provisions of section 2c-3:
(1) Office of Long Term Care Ombudsman, established under section 17a-400;
(2) Regulation of nursing home administrators pursuant to chapter 368v;
(3) Regulation of hearing aid dealers pursuant to chapter 398;
(4) Plumbing and Piping Work Board, established under section 20-331; and
[(5) Commission on Children established under section 46a-126; and]
[(6)] (5) Connecticut Public Transportation Commission, established under section 13b-11a.
Sec. 127. Section 17a-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There shall be a Department of Children and Families which shall be a single budgeted agency consisting of the institutions, facilities and programs existing within the department, any programs and facilities transferred to the department, and such other institutions, facilities and programs as may hereafter be established by or transferred to the department by the General Assembly.
(b) Said department shall constitute a successor department to the Department of Children and Youth Services, for the purposes of sections 4-5, 4-38c, 4-60i, 4-77a, 4-165b, 4a-11b, 4a-12, 4a-16, 5-259, 7-127c, as amended by this act, 8-206d, 10-8a, 10-15d, 10-76d, 10-76h, 10-76i, as amended by this act, 10-76w, 10-76g, 10-94g, 10-253, 17-86a, 17-294, 17-409, 17-437, 17-572, 17-578, 17-579, 17-585, 17a-1 to 17a-89, inclusive, 17a-90 to 17a-209, inclusive, 17a-218, 17a-277, 17a-450, 17a-458, 17a-474, 17a-560, 17a-511, 17a-634, 17a-646, 17a-659, 18-69, 18-69a, 18-87, 19a-78, 19a-216, 20-14i, 20-14j, 31-23, 31-306a, 38a-514, 45a-591 to 45a-705, inclusive, 45a-706 to 45a-770, inclusive, 46a-28, [46a-126,] 46b-15 to 46b-19, inclusive, 46b-120 to 46b-159, inclusive, 54-56d, 54-142k, 54-199, 54-203 and in accordance with the provisions of sections 4-38d and 4-39.
[(c) Whenever the words "Commissioner of Children and Youth Services", "Department of Children and Youth Services", or "Council on Children and Youth Services" are used in sections 4-5, 4-38c, 4-60i, 4-77a, 4-165b, 4a-11b, 4a-12, 4a-16, 5-259, 7-127c, 8-206d, 10-8a, 10-15d, 10-76d, 10-76h, 10-76i, 10-76w, 10-94g, 10-253, 17-86a, 17-294, 17-409, 17-437, 17-572, 17-578, 17-579, 17-585, 17a-1 to 17a-89, inclusive, 17a-90 to 17a-209, inclusive, 17a-218, 17a-277, 17a-450, 17a-458, 17a-474, 17a-511, 17a-634, 17a-646, 17a-659, 18-69, 18-69a, 18-87, 19a-78, 19a-216, 20-14i, 20-14j, 31-23, 31-306a, 38a-514, 45a-591 to 45a-705, inclusive, 45a-706 to 45a-770, inclusive, 46a-28, 46a-126, 46b-15 to 46b-19, inclusive, 46b-120 to 46b-159, inclusive, 54-56d, 54-142k, 54-199, 54-203, the words "Commissioner of Children and Families", "Department of Children and Families", and "Council on Children and Families" shall be substituted respectively in lieu thereof.]
Sec. 128. Section 46a-68 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) [Each] The executive director of the Commission on Human Rights and Opportunities shall develop, for each state agency, department, board and commission with twenty-five, or more, full-time employees, [shall develop and implement, in cooperation with the Commission on Human Rights and Opportunities,] an affirmative action plan that commits the agency, department, board or commission to a program of affirmative action in all aspects of personnel and administration, [. Such plan] except that each constituent unit of higher education, as defined in section 10a-1, shall develop such an affirmative action plan, in cooperation with the executive director of the Commission on Human Rights and Opportunities, and shall file such plan with said executive director. Each affirmative action plan required by this subsection shall be developed pursuant to regulations adopted by the Commission on Human Rights and Opportunities in accordance with chapter 54 to ensure that affirmative action is undertaken as required by state and federal law to provide equal employment opportunities and to comply with all responsibilities under the provisions of [sections 4-61u to 4-61w, inclusive,] sections 46a-54 to 46a-64, inclusive, section 46a-64c and sections 46a-70 to 46a-78, inclusive. Each such agency, department, board and commission shall implement, in cooperation with the Commission on Human Rights and Opportunities, the affirmative action plan developed for the agency, department, board or commission. The executive head of each such agency, department, board or commission shall be directly responsible for [the development, filing and] such implementation. [of such affirmative action plan.] The Metropolitan District of Hartford County shall be deemed to be a state agency for purposes of this section.
(b) (1) Each state agency, department, board or commission shall designate a full-time or part-time equal employment opportunity officer. If such equal employment opportunity officer is an employee of the agency, department, board or commission, the executive head of the agency, department, board or commission shall be directly responsible for the supervision of the officer.
(2) The Commission on Human Rights and Opportunities shall provide training and technical assistance to equal employment opportunity officers in plan [development and] implementation.
(3) The Commission on Human Rights and Opportunities [and the Permanent Commission on the Status of Women] shall provide training concerning state and federal discrimination laws and techniques for conducting investigations of discrimination complaints to persons designated by state agencies, departments, boards or commissions as equal employment opportunity officers and persons designated by the Attorney General or the Attorney General's designee to represent such agencies, departments, boards or commissions pursuant to subdivision (5) of this subsection. On or after October 1, 2011, such training shall be provided for a minimum of five hours during the first year of service or designation, and a minimum of three hours every two years thereafter.
(4) (A) Each person designated by a state agency, department, board or commission as an equal employment opportunity officer shall (i) be responsible for mitigating any discriminatory conduct within the agency, department, board or commission, (ii) investigate all complaints of discrimination made against the state agency, department, board or commission, except if any such complaint has been filed with the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission, the state agency, department, board or commission may rely upon the process of the applicable commission, as applicable, in lieu of such investigation, and (iii) report all findings and recommendations upon the conclusion of an investigation to the commissioner or director of the state agency, department, board or commission for proper action.
(B) Notwithstanding the provisions of subparagraphs (A)(i), (A)(ii) and (A)(iii) of this subdivision, if a discrimination complaint is made against the executive head of a state agency or department, any member of a state board or commission or any equal employment opportunity officer alleging that the executive head, member or officer directly or personally engaged in discriminatory conduct, or if a complaint of discrimination is made by the executive head of a state agency, any member of a state board or commission or any equal employment opportunity officer, the complaint shall be referred to the Commission on Human Rights and Opportunities for review and, if appropriate, investigation by the [Department of Administrative Services] Office of Policy and Management, except if any such complaint has been filed with the Equal Employment Opportunity Commission or the Commission on Human Rights and Opportunities, the Commission on Human Rights and Opportunities or [Department of Administrative Services] Office of Policy and Management may rely upon the process of the applicable commission in lieu of such investigation. If the discrimination complaint is made by or against the executive head, any member or the equal employment opportunity officer of the Commission on Human Rights and Opportunities alleging that the executive head, member or officer directly or personally engaged in discriminatory conduct, the commission shall refer the complaint to the [Department of Administrative Services] Office of Policy and Management for review and, if appropriate, investigation. If the complaint is by or against the executive head or equal employment opportunity officer of the [Department of Administrative Services] Office of Policy and Management, the complaint shall be referred to the Commission on Human Rights and Opportunities for review and, if appropriate, investigation. Each person who conducts an investigation pursuant to this subparagraph shall report all findings and recommendations upon the conclusion of such investigation to the appointing authority of the individual who was the subject of the complaint for proper action. The provisions of this subparagraph shall apply to any such complaint pending on or after July 5, 2007.
(5) Each person designated by a state agency, department, board or commission as an equal employment opportunity officer, and each person designated by the Attorney General or the Attorney General's designee to represent an agency pursuant to subdivision (6) of this subsection, shall complete training provided by the Commission on Human Rights and Opportunities [and the Permanent Commission on the Status of Women] pursuant to subdivision (3) of this subsection.
(6) No person designated by a state agency, department, board or commission as an equal employment opportunity officer shall represent such agency, department, board or commission before the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission concerning a discrimination complaint. If a discrimination complaint is filed with the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission against a state agency, department, board or commission, the Attorney General, or the Attorney General's designee, other than the equal employment opportunity officer for such agency, department, board or commission, shall represent the state agency, department, board or commission before the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission. In the case of a discrimination complaint filed against the Metropolitan District of Hartford County, the Attorney General, or the Attorney General's designee, shall not represent such district before the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission.
(c) [Each] For each state agency, department, board and commission that employs two hundred fifty or more full-time employees, the executive director shall file an affirmative action plan developed in accordance with subsection (a) of this section [,] with the Commission on Human Rights and Opportunities [,] semiannually, except that for any state agency, department, board or commission which has an affirmative action plan approved by the commission, the executive director may [be permitted to] file [its] the affirmative action plan on an annual basis in a manner prescribed by the commission and for any state agency, department, board or commission that employs twenty-five or more employees but fewer than two hundred fifty full-time employees, the executive director shall file [its] the affirmative action plan biennially, unless the commission disapproves the most recent submission of the plan, in which case the commission may require the resubmission of such plan by a time chosen by the commission, until the plan is approved. All affirmative action plans shall be filed electronically, if practicable.
(d) The Commission on Human Rights and Opportunities shall review and formally approve, conditionally approve or disapprove the content of such affirmative action plans within ninety days of the submission of each plan to the commission. If the commissioners, by a majority vote of those present and voting, fail to approve, conditionally approve or disapprove a plan within such period, the plan shall be deemed to be approved. Any plan that is filed more than ninety days after the date such plan is due to be filed in accordance with the schedule established pursuant to subsection (g) of this section shall be deemed disapproved.
(e) The [Commissioner of Administrative Services and the] Secretary of the Office of Policy and Management shall cooperate with the Commission on Human Rights and Opportunities to insure that the State Personnel Act and personnel regulations are administered, and that the process of collective bargaining is conducted by all parties in a manner consistent with the affirmative action responsibilities of the state.
(f) The Commission on Human Rights and Opportunities shall monitor the activity of such plans within each state agency, department, board and commission and report to the Governor and the General Assembly on or before April first of each year concerning the results of such plans.
(g) The Commission on Human Rights and Opportunities shall adopt regulations, in accordance with chapter 54, to carry out the requirements of this section. The executive director shall establish a schedule for semiannual, annual and biennial filing of plans.
Sec. 129. Section 17a-211b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Notwithstanding any provision of the general statutes or regulations adopted thereunder to the contrary, the [Department of Developmental Services] executive director of the Commission on Human Rights and Opportunities shall develop for the Department of Developmental Services a single, comprehensive affirmative action plan which covers each region, school and office of said department.
Sec. 130. Section 17a-450b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Notwithstanding any provision of title 46 or regulations adopted under said title, the [Department of Mental Health and Addiction Services] executive director of the Commission on Human Rights and Opportunities shall develop for the Department of Mental Health and Addiction Services a single, comprehensive affirmative action plan that covers each facility, division and the central office of said department.
Sec. 131. (NEW) (Effective July 1, 2013) (a) Within the Office of Governmental Accountability there shall be a legal and enforcement division and a business operations division.
(b) (1) The legal and enforcement division shall investigate all complaints, except as provided for in subsection (b) of section 1-206 of the general statutes, as amended by this act, and provide advisory opinions and staff assistance to the Citizen's Ethics Advisory Board established under subsection (a) of section 1-80 of the general statutes, the Freedom of Information Commission established under section 1-205 of the general statutes, the Board of Firearms Permit Examiners established under subsection (a) of section 29-32b of the general statutes, the Judicial Review Council established under section 51-51k of the general statutes, and the State Elections Enforcement Commission established under section 9-7a of the general statutes.
(2) The legal and enforcement division shall perform staff functions in conjunction with hearings in accordance with sections 1-81, 1-82 and 1-83 of the general statutes, as amended by this act, section 1-88 of the general statutes, section 1-93 of the general statutes, as amended by this act, section 1-206 of the general statutes, as amended by this act, and sections 4e-7, 4e-35, 4e-36, 9-7b, 29-32b and 51-51l of the general statutes.
(3) Notwithstanding any provision of the general statutes, each full-time employee or permanent part-time employee of the boards, commissions or council set forth in subdivision (1) of this subsection, including, but not limited to, those who are staff attorneys or hearing officers, and those whose primary duties (A) are to investigate complaints, conduct hearings in contested cases and issue final decisions or proposed final decisions, or (B) relate to providing administrative services required for conducting such hearings and issuing such decisions, shall be transferred to the legal and enforcement division within the Office of Governmental Accountability.
(4) The executive administrator of the Office of Governmental Accountability shall develop and implement, in conjunction with the head of the legal and enforcement division, a program for the continuing education of attorneys and other staff in issues of procedural due process and in the substantive law issues under the jurisdiction of the boards, commissions and council that are subject to the provisions of subsection (a) of this section.
(5) Except as provided for in subdivision (3) of this subsection, the executive administrator shall make hiring decisions concerning the staff of the legal and enforcement division.
(6) The executive administrator of the Office of Governmental Accountability shall dismiss any employee of the legal and enforcement division who, in violation of part I of chapter 10 or section 1-101nn of the general statutes, discloses information filed in accordance with subparagraph (F) of subdivision (1) of subsection (b) of section 1-83 of the general statutes.
(c) The business operations division shall perform the human resources, administrative, information technology and business functions for the offices, commissions, councils and boards within the Office of Governmental Accountability.
Sec. 132. Subsection (b) of section 1-300 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) The Office of Governmental Accountability shall provide personnel, payroll, affirmative action and administrative and business office functions and information technology associated with such functions for the following: The Office of State Ethics established under section 1-80, State Elections Enforcement Commission established under section 9-7a, Freedom of Information Commission established under section 1-205, Judicial Review Council established under section 51-51k, Judicial Selection Commission established under section 51-44a, Board of Firearms Permit Examiners established under section 29-32b, Office of the Child Advocate established under section 46a-13k, Office of the Victim Advocate established under section 46a-13b, the Council on Environmental Quality established under section 22a-11, as amended by this act, and State Contracting Standards Board established under section 4e-2. The personnel, payroll, affirmative action and administrative and business office functions of said offices, commissions, [council] councils and boards shall be merged and consolidated within the Office of Governmental Accountability pursuant to the plan developed and implemented under the provisions of section 1-302.
Sec. 133. Section 1-301 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) (1) There shall be a Governmental Accountability Commission, within the Office of Governmental Accountability established under section 1-300, as amended by this act, that shall consist of [nine] ten members as follows: (A) The chairperson of the Citizen's Ethics Advisory Board established under section 1-80, or the chairperson's designee; (B) the chairperson of the State Elections Enforcement Commission established under section 9-7a, or the chairperson's designee; (C) the chairperson of the Freedom of Information Commission established under section 1-205, or the chairperson's designee; (D) the executive director of the Judicial Review Council established under section 51-51k, or the executive director's designee; (E) the chairperson of the Judicial Selection Commission established under section 51-44a, or the chairperson's designee; (F) the chairperson of the Board of Firearms Permit Examiners established under section 29-32b, or the chairperson's designee; (G) the Child Advocate appointed under section 46a-13k, or the advocate's designee; (H) the Victim Advocate appointed under section 46a-13b, or the advocate's designee; [and] (I) the chairperson of the State Contracting Standards Board established under section 4e-2, or the chairperson's designee; and (J) the chairperson of the Council on Environmental Quality established under section 22a-11. The Governmental Accountability Commission shall select a chairperson who shall preside at meetings of the commission. Said commission shall meet for the purpose of making recommendations to the Governor for candidates for the executive administrator of the Office of Governmental Accountability. [pursuant to the provisions of subsection (b) of this section, or for the purpose of terminating the employment of the executive administrator.]
(2) The commission established under subdivision (1) of this subsection shall not be construed to be a board or commission within the meaning of section 4-9a.
(b) (1) Notwithstanding the provisions of subdivisions (2) and (3) of this subsection concerning deadlines for recommendations for and appointment of an executive administrator of the Office of Governmental Accountability, not later than September 1, 2011, the Governor, with the approval of the General Assembly pursuant to subdivision (3) of this subsection, shall appoint a person as the executive administrator of the Office of Governmental Accountability established under section 1-300, as amended by this act. Such person shall be qualified by training and experience to perform the administrative duties of the office. The initial appointment shall be made from a list prepared by the Governmental Accountability Commission pursuant to subdivision (2) of this subsection, except in the case of such initial appointment, such list shall be of not fewer than three persons. Not later than August 1, 2011, the commission shall submit such list to the Governor. If the Governmental Accountability Commission has not submitted such list to the Governor on or before August 1, 2011, then on or after August 2, 2011, the Governor shall appoint an acting executive administrator who shall serve until a successor is appointed and confirmed in accordance with the provisions of this section.
(2) Upon any vacancy in the position of executive administrator of the Office of Governmental Accountability, the commission shall meet to consider and interview successor candidates and shall submit to the Governor a list of not fewer than five and not more than seven of the most outstanding candidates, not later than sixty days after the occurrence of said vacancy. Such list shall rank the candidates in the order of commission preference. Upon receipt of the list of candidates from the commission, the Governor shall designate a candidate for the executive administrator of the Office of Governmental Accountability from among the choices not later than eight weeks after receiving such list. If at any time any candidate withdraws from consideration prior to confirmation by the General Assembly pursuant to subdivision (3) of this subsection, the Governor shall designate a candidate from the remaining candidates on the list.
(3) The candidate designated by the Governor, or if, not later than eight weeks after receiving such list, the Governor fails to designate a candidate on the list, the candidate ranked first on the list, shall be referred to either house of the General Assembly for confirmation. If such house of the General Assembly is not in session, the referred candidate shall serve as acting executive administrator and be entitled to the compensation and shall carry out the duties of the executive administrator until such house meets to take action on said appointment. The person appointed executive administrator shall serve for a term of four years and may be reappointed or shall continue to hold office until such person's successor is appointed and qualified. [The Governmental Accountability Commission may terminate the term of an executive administrator in accordance with the provisions of this section.]
Sec. 134. Section 22a-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
There shall be a Council on Environmental Quality [which shall be within the Department of Energy and Environmental Protection for administrative purposes only] within the Office of Governmental Accountability established under section 1-300, as amended by this act. Said council shall consist of nine members, five to be appointed by the Governor, two to be appointed by the speaker of the House of Representatives and two to be appointed by the president pro tempore of the Senate. No member shall be allowed to serve more than eight years of any twelve-year period. The Governor shall fill any vacancy by appointment for the unexpired portion of the term vacated. The chairman of said council shall be selected by the Governor. Members of said council shall receive no compensation for their services thereon, but shall be reimbursed for necessary expenses in the performance of their duties. Said council shall hold one meeting each month and such additional meetings as may be prescribed by council rules. In addition, special meetings may be called by the chairman or by any three members upon delivery of forty-eight hours' written notice to each member. Five members shall constitute a quorum and not fewer than three votes shall be required for any final determination of said council. The council may employ an executive director, exclusive of the provisions of chapter 67 and such additional staff and consultants as may be necessary to carry out its duties, within available appropriations.
Sec. 135. Section 1-80e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The Chief Court Administrator shall designate ten judge trial referees who shall be available to the Office of [State Ethics] Governmental Accountability to: (1) Preside over and rule at any hearing [of the Office of State Ethics] conducted on behalf of the Citizen Ethics Advisory Board; and (2) make findings as to probable cause following any investigation conducted by the ethics enforcement officer of the Office of [State Ethics] Governmental Accountability.
Sec. 136. Section 1-81 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The board and general counsel and staff of the Office of State Ethics shall:
(1) Compile and maintain an index of all reports, advisory opinions, informal staff letters, memoranda issued in accordance with subsection (b) of section 1-82 and statements filed by and with the Office of State Ethics to facilitate public access to such reports and advisory opinions, informal staff letters, memoranda statements as provided by this part;
(2) Preserve advisory opinions and informal staff letters, permanently; preserve memoranda issued in accordance with subsection (b) of section 1-82 and statements and reports filed by and with the board for a period of five years from the date of receipt;
(3) Upon the concurring vote of a majority of the board present and voting, issue advisory opinions with regard to the requirements of this part, upon the request of any person subject to the provisions of this part, and publish such advisory opinions in the Connecticut Law Journal. Advisory opinions rendered by the board, until amended or revoked, shall be binding on the board and shall be deemed to be final decisions of the board for purposes of appeal to the superior court, in accordance with the provisions of section 4-175 or 4-183. Any advisory opinion concerning the person who requested the opinion and who acted in reliance thereon, in good faith, shall be binding upon the board, and it shall be an absolute defense in any criminal action brought under the provisions of this part, that the accused acted in reliance upon such advisory opinion;
(4) Respond to inquiries and provide advice regarding the code of ethics either verbally or through informal letters;
(5) Provide yearly training to all state employees regarding the code of ethics;
(6) Make legislative recommendations to the General Assembly and report annually, prior to April fifteenth, to the Governor summarizing the activities of the commission;
(7) Meet not less than once per month with the office's executive director; [and ethics enforcement officer;] and
(8) The commission may enter into such contractual agreements as may be necessary for the discharge of its duties, within the limits of its appropriated funds and in accordance with established procedures.
(b) The Office of State Ethics shall employ an executive director [,] and general counsel, [and ethics enforcement officer,] each of whom shall be exempt from classified state service. The salary for the executive director [,] and general counsel [and the ethics enforcement officer] shall be determined by the Commissioner of Administrative Services in accordance with accepted personnel practices. No one person may serve in more than one of the positions described in this subsection. The Office of State Ethics may employ necessary staff within available appropriations. Such necessary staff of the Office of State Ethics shall be in classified state service.
(c) The executive director, described in subsection (b) of this section, shall be appointed by the Citizen's Ethics Advisory Board for an open-ended term. Such appointment shall not be made until all the initial board members appointed to terms commencing on October 1, 2005, are appointed by their respective appointing authorities, pursuant to subsection (a) of section 1-80. The board shall annually evaluate the performance of the executive director, in writing, and may remove the executive director, in accordance with the provisions of chapter 67.
(d) The general counsel [and ethics enforcement officer] described in subsection (b) of this section, and other staff of the Office of State Ethics shall be appointed by the executive director of the Office of State Ethics. The executive director shall annually evaluate the performance of the general counsel [, ethics enforcement officer] and such other staff, in writing, and may remove the general counsel, [or ethics enforcement officer,] in accordance with the provisions of chapter 67, or such other staff, in accordance with any applicable collective bargaining agreement.
(e) There shall be a legal division within the Office of State Ethics. The legal division shall provide the board with legal advice on matters before said board and shall represent the board in all matters in which the board is a party, without the assistance of the Attorney General unless the board requests such assistance. The legal division shall, under the direction of the general counsel, provide information and written and verbal opinions to persons subject to the code and to the general public. The general counsel, described in subsection (b) of this section, shall supervise such division. The investigation or instigation of a complaint may not occur solely because of information received by the legal division.
(f) [There shall be an enforcement division within the Office of State Ethics.] The legal and enforcement division in the Office of Governmental Accountability shall be responsible for investigating complaints brought to or by the board. [The ethics enforcement officer, described in subsection (b) of this section, shall supervise the enforcement division. The enforcement] The division shall employ such attorneys and investigators, as necessary, within available appropriations, and may refer matters to the office of the Chief State's Attorney, as appropriate.
(g) The Citizen's Ethics Advisory Board shall adopt regulations in accordance with chapter 54 to carry out the purposes of this part. Such regulations shall not be deemed to govern the conduct of any judge trial referee in the performance of such judge trial referee's duties pursuant to this chapter.
(h) In consultation with the executive director of the Office of State Ethics, the general counsel shall oversee yearly training of all state personnel in the code of ethics, provide training on the code of ethics to other individuals or entities subject to the code and shall make recommendations as to public education regarding ethics.
Sec. 137. Section 1-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) (1) Upon the complaint of any person on a form prescribed by the board, signed under penalty of false statement, or upon its own complaint, the [ethics enforcement officer of the Office of State Ethics] legal and enforcement division of the Office of Governmental Accountability shall investigate any alleged violation of this part or section 1-101nn. Not later than five days after the receipt or issuance of such complaint, the board shall provide notice of such receipt or issuance and a copy of the complaint by registered or certified mail to any respondent against whom such complaint is filed and shall provide notice of the receipt of such complaint to the complainant. When the [ethics enforcement officer of the Office of State Ethics] division undertakes an evaluation of a possible violation of this part or section 1-101nn prior to the filing of a complaint, the subject of the evaluation shall be notified not later than five business days after [an Office of State Ethics] a staff member's first contact with a third party concerning the matter.
(2) In the conduct of its investigation of an alleged violation of this part or section 1-101nn, the legal and enforcement division of the Office of [State Ethics] Governmental Accountability shall have the power to hold hearings, administer oaths, examine witnesses and receive oral and documentary evidence. The Office of [State Ethics] Governmental Accountability may subpoena witnesses under procedural rules adopted by the Citizen's Ethics Advisory Board as regulations in accordance with the provisions of chapter 54 to compel attendance before the Office of [State Ethics] Governmental Accountability and to require the production for examination by the [ethics enforcement officer of the] Office of [State Ethics] Governmental Accountability of any books and papers which the Office of [State Ethics] Governmental Accountability deems relevant in any matter under investigation or in question, provided any such subpoena is issued either pursuant to a majority vote of the Citizen's Ethics Advisory Board or pursuant to the signature of the chairperson of such board. The vice-chairperson of such board may sign any such subpoena if the chairperson of such board is unavailable. In the exercise of such powers, the Office of [State Ethics] Governmental Accountability may use the services of the state police, who shall provide the same upon the office's request. The Office of [State Ethics] Governmental Accountability shall make a record of all proceedings conducted pursuant to this subsection. The [ethics enforcement officer of the] Office of [State Ethics] Governmental Accountability may bring any alleged violation of this part before a judge trial referee assigned by the Chief Court Administrator for such purpose for a probable cause hearing. Such judge trial referee shall be compensated in accordance with the provisions of section 52-434 from such funds as may be available to the Office of [State Ethics] Governmental Accountability. Any witness summoned before the Office of [State Ethics] Governmental Accountability or a judge trial referee pursuant to this subsection shall receive the witness fee paid to witnesses in the courts of this state. During any investigation conducted pursuant to this subsection or any probable cause hearing conducted pursuant to this subsection, the respondent shall have the right to appear and be heard and to offer any information which may tend to clear the respondent of probable cause to believe the respondent has violated any provision of this part or section 1-101nn. The respondent shall also have the right to be represented by legal counsel and to examine and cross-examine witnesses. Not later than ten days prior to the commencement of any hearing conducted pursuant to this subsection, the Office of [State Ethics] Governmental Accountability shall provide the respondent with a list of its intended witnesses. Any finding of probable cause to believe the respondent is in violation of any provisions of this part shall be made by a judge trial referee not later than thirty days after the [ethics enforcement officer] office brings such alleged violation before such judge trial referee, except that such thirty-day limitation period shall not apply if the judge trial referee determines that good cause exists for extending such limitation period.
(b) If a judge trial referee determines that probable cause exists for the violation of a provision of this part or section 1-101nn, the board shall initiate hearings to determine whether there has been a violation of this part or section 1-101nn. Any such hearing shall be initiated by the board not later than thirty days after the finding of probable cause by a judge trial referee and shall be concluded not later than ninety days after its initiation, except that such thirty or ninety-day limitation period shall not apply if the judge trial referee determines that good cause exists for extending such limitation period. A judge trial referee, who has not taken part in the probable cause determination on the matter shall be assigned by the Chief Court Administrator and shall be compensated in accordance with section 52-434 out of funds available to the Office of State Ethics and shall preside over such hearing and rule on all issues concerning the application of the rules of evidence, which shall be the same as in judicial proceedings. The trial referee shall have no vote in any decision of the board. All hearings of the board held pursuant to this subsection shall be open. At such hearing the board shall have the same powers as the Office of [State Ethics] Governmental Accountability under subsection (a) of this section and the respondent shall have the right to be represented by legal counsel, the right to compel attendance of witnesses and the production of books, documents, records and papers and to examine and cross-examine witnesses. Not later than ten days prior to the commencement of any hearing conducted pursuant to this subsection, the Office of [State Ethics] Governmental Accountability shall provide the respondent with a list of its intended witnesses. The judge trial referee shall, while engaged in the discharge of the duties as provided in this subsection, have the same authority as is provided in section 51-35 over witnesses who refuse to obey a subpoena or to testify with respect to any matter upon which such witness may be lawfully interrogated, and may commit any such witness for contempt for a period no longer than thirty days. The Office of [State Ethics] Governmental Accountability shall make a record of all proceedings pursuant to this subsection. During the course of any such hearing, no ex-parte communication shall occur between the board, or any of its members, and: (1) The judge trial referee, or (2) any staff member of the [Enforcement Division] legal and enforcement division of the Office of [State Ethics] Governmental Accountability, concerning the complaint or the respondent. The board shall find no person in violation of any provision of this part or section 1-101nn except upon the concurring vote of six of its members present and voting. No member of the board shall vote on the question of whether a violation of any provision of this part has occurred unless such member was physically present for the duration of any hearing held pursuant to this subsection. Not later than fifteen days after the public hearing conducted in accordance with this subsection, the board shall publish its finding and a memorandum of the reasons therefor. Such finding and memorandum shall be deemed to be the final decision of the board on the matter for the purposes of chapter 54. The respondent, if aggrieved by the finding and memorandum, may appeal therefrom to the Superior Court in accordance with the provisions of section 4-183.
(c) If a judge trial referee finds, after a hearing pursuant to this section, that there is no probable cause to believe that a public official or state employee has violated a provision of this part or section 1-101nn, or if the board determines that a public official or state employee has not violated any such provision, or if a court of competent jurisdiction overturns a finding by the board of a violation by such a respondent, the state shall pay the reasonable legal expenses of the respondent as determined by the Attorney General or by the court if appropriate. If any complaint brought under the provisions of this part or section 1-101nn is made with the knowledge that it is made without foundation in fact, the respondent shall have a cause of action against the complainant for double the amount of damage caused thereby and if the respondent prevails in such action, he may be awarded by the court the costs of such action together with reasonable attorneys' fees.
(d) No complaint may be made under this section later than five years after the violation alleged in the complaint has been committed.
(e) No person shall take or threaten to take official action against an individual for such individual's disclosure of information to the board or the general counsel, [ethics enforcement officer] or staff of the Office of State Ethics or the Office of Governmental Accountability under the provisions of this part or section 1-101nn. After receipt of information from an individual under the provisions of this part or section 1-101nn, the Office of [State Ethics] Governmental Accountability shall not disclose the identity of such individual without such individual's consent unless the Office of [State Ethics] Governmental Accountability determines that such disclosure is unavoidable during the course of an investigation. No person shall be subject to civil liability for any good faith disclosure that such person makes to the commission.
Sec. 138. Section 1-82a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Unless a judge trial referee makes a finding of probable cause, a complaint alleging a violation of this part or section 1-101nn shall be confidential except upon the request of the respondent. An evaluation of a possible violation of this part or section 1-101nn by the [Office of State Ethics] legal and enforcement division of the Office of Governmental Accountability prior to the filing of a complaint shall be confidential except upon the request of the subject of the evaluation. If the evaluation is confidential, any information supplied to or received from the Office of [State Ethics] Governmental Accountability shall not be disclosed to any third party by a subject of the evaluation, a person contacted for the purpose of obtaining information or by the [ethics enforcement officer or] staff of the Office of [State Ethics] Governmental Accountability. No provision of this subsection shall prevent the [Office of State Ethics] office from reporting the possible commission of a crime to the Chief State's Attorney or other prosecutorial authority.
(b) An investigation conducted prior to a probable cause finding shall be confidential except upon the request of the respondent. If the investigation is confidential, the allegations in the complaint and any information supplied to or received from the Office of State Ethics shall not be disclosed during the investigation to any third party by a complainant, respondent, witness, designated party, or board or staff member of the Office of State Ethics or the legal and enforcement division of the Office of Governmental Accountability.
(c) Not later than three business days after the termination of the investigation, the [Office of State Ethics] legal and enforcement division of the Office of Governmental Accountability on behalf of the Citizen's Ethics Advisory Board shall inform the complainant and the respondent of its finding and provide them a summary of its reasons for making that finding. The Office of State Ethics shall publish its finding upon the respondent's request and may also publish a summary of its reasons for making such finding.
(d) If a judge trial referee makes a finding of no probable cause, the complaint and the record of the Office of [State Ethics'] Governmental Accountability's investigation shall remain confidential, except upon the request of the respondent and except that some or all of the record may be used in subsequent proceedings. No complainant, respondent, witness, designated party, or board or staff member of the Office of State Ethics or the legal and enforcement division of the Office of Governmental Accountability shall disclose to any third party any information learned from the investigation, including knowledge of the existence of a complaint, which the disclosing party would not otherwise have known. If such a disclosure is made, the judge trial referee may, after consultation with the respondent if the respondent is not the source of the disclosure, publish the judge trial referee's finding and a summary of the judge trial referee's reasons therefor.
(e) The judge trial referee shall make public a finding of probable cause not later than five business days after any such finding. At such time the entire record of the investigation shall become public, except that the Office of [State Ethics] Governmental Accountability on behalf of the Citizen's Ethics Advisory Board may postpone examination or release of such public records for a period not to exceed fourteen days for the purpose of reaching a stipulation agreement pursuant to subsection (c) of section 4-177. Any such stipulation agreement or settlement shall be approved by a majority of those members present and voting.
Sec. 139. Section 1-93 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) (1) Upon the complaint of any person on a form prescribed by the Office of State Ethics, signed under penalty of false statement, or upon its own complaint, the [ethics enforcement officer of the] Office of [State Ethics] Governmental Accountability shall investigate any alleged violation of this part. Not later than five days after the receipt or issuance of such complaint, the [Office of State Ethics] legal and enforcement division of the Office of Governmental Accountability shall provide notice of such receipt or issuance and a copy of the complaint by registered or certified mail to any respondent against whom such complaint is filed and shall provide notice of the receipt of such complaint to the complainant. When the Office of [State Ethics] Governmental Accountability undertakes an evaluation of a possible violation of this part prior to the filing of a complaint, the subject of the evaluation shall be notified not later than five business days after a staff member of the Office of [State Ethics] Governmental Accountability undertakes the first contact with a third party concerning the matter.
(2) In the conduct of its investigation of an alleged violation of this part, the Office of [State Ethics] Governmental Accountability shall have the power to hold hearings, administer oaths, examine witnesses and receive oral and documentary evidence. The [Office of State Ethics] legal and enforcement division of the Office of Governmental Accountability may subpoena witnesses under procedural rules adopted by the Citizen's Ethics Advisory Board as regulations in accordance with the provisions of chapter 54 to compel attendance before the Office of [State Ethics] Governmental Accountability and to require the production for examination by the [ethics enforcement officer] staff of the Office of [State Ethics] Governmental Accountability of any books and papers which the [ethics enforcement officer of the] Office of [State Ethics] Governmental Accountability deems relevant in any matter under investigation or in question, provided any such subpoena is issued either pursuant to a majority vote of the Citizen's Ethics Advisory Board or pursuant to the signature of the chairperson of such board. The vice-chairperson of such board may sign any such subpoena if the chairperson of such board is unavailable. In the exercise of such powers, the [Office of State Ethics] legal and enforcement division of the Office of Governmental Accountability may use the services of the state police, who shall provide the same upon the office's request. The Office of [State Ethics] Governmental Accountability shall make a record of all proceedings conducted pursuant to this subsection. Any witness summoned before the Office of [State Ethics] Governmental Accountability on behalf of the Citizen's Ethics Advisory Commission or a judge trial referee pursuant to this subsection shall receive the witness fee paid to witnesses in the courts of this state. The [ethics enforcement officer of the Office of State Ethics] office may bring any alleged violation of this part before a judge trial referee assigned by the Chief Court Administrator for such purpose for a probable cause hearing. Such judge trial referee shall be compensated in accordance with the provisions of section 52-434 from such funds as may be available to the Office of [State Ethics] Governmental Accountability. The respondent shall have the right to appear at any hearing held pursuant to this subsection and be heard and to offer any information which may tend to clear the respondent of probable cause to believe the respondent has violated any provision of this part. The respondent shall also have the right to be represented by legal counsel and to examine and cross-examine witnesses. Not later than ten days prior to the commencement of any hearing conducted pursuant to this subsection, the [Office of State Ethics] legal and enforcement division of the Office of Governmental Accountability shall provide the respondent with a list of its intended witnesses. Any finding of probable cause to believe the respondent is in violation of any provision of this part shall be made by a judge trial referee not later than thirty days after the [ethics enforcement officer] office brings such alleged violation before such judge trail referee, except that such thirty-day limitation period shall not apply if the judge trial referee determines that good cause exists for extending such limitation period.
(b) If a judge trial referee indicates that probable cause exists for the violation of a provision of this part, the board shall initiate hearings to determine whether there has been a violation of this part. Any such hearing shall be initiated by the board not later than thirty days after the finding of probable cause by a judge trial referee and shall be concluded not later than ninety days after its initiation, except that such thirty-day or ninety-day limitation period shall not apply if the judge trial referee determines that good cause exists for extending such limitation period. A judge trial referee, who has not taken part in the probable cause determination on the matter shall be assigned by the Chief Court Administrator and shall be compensated in accordance with section 52-434 out of funds available to the board and shall preside over such hearing and rule on all issues concerning the application of the rules of evidence, which shall be the same as in judicial proceedings. The trial referee shall have no vote in any decision of the board. All hearings of the board held pursuant to this subsection shall be open. At such hearing the board shall have the same powers as the [Office of State Ethics] legal and enforcement division of the Office of Governmental Accountability under subsection (a) of this section and the respondent shall have the right to be represented by legal counsel, the right to compel attendance of witnesses and the production of books, documents, records and papers and to examine and cross-examine witnesses. Not later than ten days prior to the commencement of any hearing conducted pursuant to this subsection, the [Office of State Ethics] legal and enforcement division of the Office of Governmental Accountability shall provide the respondent with a list of its intended witnesses. The judge trial referee shall, while engaged in the discharge of the duties as provided in this subsection, have the same authority as is provided in section 51-35 over witnesses who refuse to obey a subpoena or to testify with respect to any matter upon which such witness may be lawfully interrogated, and may commit any such witness for contempt for a period no longer than thirty days. The Office of [State Ethics] Governmental Accountability shall make a record of all proceedings pursuant to this subsection. During the course of any such hearing, no ex-parte communication shall occur between the board, or any of its members, and: (1) The judge trial referee, or (2) any staff member of the [Enforcement Division of the Office of State Ethics] legal and enforcement division of the Office of Governmental Accountability, concerning the complaint or the respondent. The board shall find no person in violation of any provision of this part except upon the concurring vote of six of its members present and voting. No member of the board shall vote on the question of whether a violation of any provision of this part has occurred unless such member was physically present for the duration of any hearing held pursuant to this subsection. Not later than fifteen days after the public hearing conducted in accordance with this subsection, the board shall publish its finding and a memorandum of the reasons therefor. Such finding and memorandum shall be deemed to be the final decision of the board on the matter for the purposes of chapter 54. The respondent, if aggrieved by the finding and memorandum, may appeal therefrom to the Superior Court in accordance with the provisions of section 4-183.
(c) If any complaint brought under the provisions of this part is made with the knowledge that it is made without foundation in fact, the respondent shall have a cause of action against the complainant for double the amount of damage caused thereby and if the respondent prevails in such action, the respondent may be awarded by the court the costs of such action together with reasonable attorneys' fees.
(d) No complaint may be made under this section except within five years next after the violation alleged in the complaint has been committed.
(e) No person shall take or threaten to take official action against an individual for such individual's disclosure of information to the board or the general counsel, [ethics enforcement officer] or staff of the Office of State Ethics or the legal and enforcement division of the Office of Governmental Accountability under the provisions of this part. After receipt of information from an individual under the provisions of this part, the [Office of State Ethics] legal and enforcement division of the Office of Governmental Accountability shall not disclose the identity of such individual without such person's consent unless the [Office of State Ethics] legal and enforcement division of the Office of Governmental Accountability determines that such disclosure is unavoidable during the course of an investigation.
Sec. 140. Section 1-93a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Unless a judge trial referee makes a finding of probable cause, a complaint alleging a violation of this part shall be confidential except upon the request of the respondent. An [Office of State Ethics] evaluation by the legal and enforcement division of the Office of Governmental Accountability of a possible violation of this part undertaken prior to a complaint being filed shall be confidential except upon the request of the subject of the evaluation. If the evaluation is confidential, any information supplied to or received from the Office of State Ethics or the legal and enforcement division of the Office of Governmental Accountability shall not be disclosed to any third party by a subject of the evaluation, a person contacted for the purpose of obtaining information or by a board or staff member of the Office of [State Ethics] Governmental Accountability. No provision of this subsection shall prevent the board or the Office of State Ethics from reporting the possible commission of a crime to the Chief State's Attorney or other prosecutorial authority.
(b) An investigation conducted prior to a probable cause finding shall be confidential except upon the request of the respondent. If the investigation is confidential, the allegations in the complaint and any information supplied to or received from the Office of State Ethics or the legal and enforcement division of the Office of Governmental Accountability shall not be disclosed during the investigation to any third party by a complainant, respondent, witness, designated party, or Office of State Ethics, legal and enforcement division of the Office of Governmental Accountability or staff member.
(c) Not later than three business days after the termination of the investigation, the [Office of State Ethics] legal and enforcement division of the Office of Governmental Accountability shall inform the complainant and the respondent of its finding and provide them a summary of its reasons for making that finding. The [Office of State Ethics] office shall publish [its] the finding upon the respondent's request and may also publish a summary of its reasons for making such finding.
(d) If a judge trial referee makes a finding of no probable cause, the complaint and the record of its investigation shall remain confidential, except upon the request of the respondent and except that some or all of the record may be used in subsequent proceedings. No complainant, respondent, witness, designated party, or Office of State Ethics, legal and enforcement division of the Office of Governmental Accountability or staff member shall disclose to any third party any information learned from the investigation, including knowledge of the existence of a complaint, which the disclosing party would not otherwise have known. If such a disclosure is made, the judge trial referee may, after consultation with the respondent if the respondent is not the source of the disclosure, publish its finding and a summary of its reasons therefor.
(e) The judge trial referee shall make public a finding of probable cause not later than five business days after any such finding. At such time, the entire record of the investigation shall become public, except that the [Office of State Ethics] legal and enforcement division of the Office of Governmental Accountability may postpone examination or release of such public records for a period not to exceed fourteen days for the purpose of reaching a stipulation agreement pursuant to subsection (c) of section 4-177. Any stipulation agreement or settlement entered into for a violation of this part shall be approved by a majority of its members present and voting.
Sec. 141. Subsection (b) of section 1-206 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) (1) Any person denied the right to inspect or copy records under section 1-210 or wrongfully denied the right to attend any meeting of a public agency or denied any other right conferred by the Freedom of Information Act may appeal therefrom to the Freedom of Information Commission, by filing a notice of appeal with said commission which shall immediately forward such complaint to the legal and enforcement division of the Office of Governmental Accountability for processing. Any complaint involving the Office of State Ethics or the State Elections Enforcement Commission shall be retained by the executive director and general counsel of the Freedom of Information Commission and processed in accordance with this section. The legal and enforcement division of the Office of Governmental Accountability shall provide administrative assistance to the executive director and general counsel upon request. A notice of appeal shall be filed not later than thirty days after such denial, except in the case of an unnoticed or secret meeting, in which case the appeal shall be filed not later than thirty days after the person filing the appeal receives notice in fact that such meeting was held. For purposes of this subsection, such notice of appeal shall be deemed to be filed on the date it is received by said commission or on the date it is postmarked, if received more than thirty days after the date of the denial from which such appeal is taken. Upon receipt of such notice by the legal and enforcement division of the Office of Governmental Accountability, the [commission] division shall serve upon all parties, by certified or registered mail, a copy of such notice together with any other notice or order of such commission. In the case of the denial of a request to inspect or copy records contained in a public employee's personnel or medical file or similar file under subsection (c) of section 1-214, the legal and enforcement division of the Office of Governmental Accountability on behalf of the commission shall include with its notice or order an order requiring the public agency to notify any employee whose records are the subject of an appeal, and the employee's collective bargaining representative, if any, of the commission's proceedings and, if any such employee or collective bargaining representative has filed an objection under said subsection (c), the agency shall provide the required notice to such employee and collective bargaining representative by certified mail, return receipt requested or by hand delivery with a signed receipt. A public employee whose personnel or medical file or similar file is the subject of an appeal under this subsection may intervene as a party in the proceedings on the matter before the commission. [Said commission] The Freedom of Information Commission shall, after due notice to the parties, hear and decide the appeal within one year after the filing of the notice of appeal. The commission shall adopt regulations in accordance with chapter 54, establishing criteria for those appeals which shall be privileged in their assignment for hearing. Any such appeal shall be heard not later than thirty days after receipt of a notice of appeal and decided not later than sixty days after the hearing. If a notice of appeal concerns an announced agency decision to meet in executive session or an ongoing agency practice of meeting in executive sessions, for a stated purpose, the legal and enforcement division of the Office of Governmental Accountability on behalf of the commission or a member or members of the [commission] Freedom of Information Commission designated by its chairperson shall serve notice upon the parties in accordance with this section and hold a preliminary hearing on the appeal not later than seventy-two hours after receipt of the notice, provided such notice shall be given to the parties at least forty-eight hours prior to such hearing. During such preliminary hearing, the commission shall take evidence and receive testimony from the parties. If after the preliminary hearing the commission finds probable cause to believe that the agency decision or practice is in violation of sections 1-200 and 1-225, the agency shall not meet in executive session for such purpose until the commission decides the appeal. If probable cause is found by the commission, it shall conduct a final hearing on the appeal and render its decision not later than five days after the completion of the preliminary hearing. Such decision shall specify the commission's findings of fact and conclusions of law.
(2) In any appeal to the Freedom of Information Commission under subdivision (1) of this subsection or subsection (c) of this section, the commission may confirm the action of the agency or order the agency to provide relief that the commission, in its discretion, believes appropriate to rectify the denial of any right conferred by the Freedom of Information Act. The commission may declare null and void any action taken at any meeting which a person was denied the right to attend and may require the production or copying of any public record. In addition, upon the finding that a denial of any right created by the Freedom of Information Act was without reasonable grounds and after the custodian or other official directly responsible for the denial has been given an opportunity to be heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive, the commission may, in its discretion, impose against the custodian or other official a civil penalty of not less than twenty dollars nor more than one thousand dollars. If the commission finds that a person has taken an appeal under this subsection frivolously, without reasonable grounds and solely for the purpose of harassing the agency from which the appeal has been taken, after such person has been given an opportunity to be heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive, the commission may, in its discretion, impose against that person a civil penalty of not less than twenty dollars nor more than one thousand dollars. The commission shall notify a person of a penalty levied against him pursuant to this subsection by written notice sent by certified or registered mail. If a person fails to pay the penalty within thirty days of receiving such notice, the superior court for the judicial district of Hartford shall, on application of the commission, issue an order requiring the person to pay the penalty imposed. If the executive director of the commission has reason to believe an appeal under subdivision (1) of this subsection or subsection (c) of this section (A) presents a claim beyond the commission's jurisdiction; (B) would perpetrate an injustice; or (C) would constitute an abuse of the commission's administrative process, the executive director shall not schedule the appeal for hearing without first seeking and obtaining leave of the commission. The commission shall provide due notice to the parties and review affidavits and written argument that the parties may submit and grant or deny such leave summarily at its next regular meeting. The commission shall grant such leave unless it finds that the appeal: (i) Does not present a claim within the commission's jurisdiction; (ii) would perpetrate an injustice; or (iii) would constitute an abuse of the commission's administrative process. Any party aggrieved by the commission's denial of such leave may apply to the superior court for the judicial district of Hartford, within fifteen days of the commission meeting at which such leave was denied, for an order requiring the commission to hear such appeal.
(3) In making the findings and determination under subdivision (2) of this subsection the commission shall consider the nature of any injustice or abuse of administrative process, including but not limited to: (A) The nature, content, language or subject matter of the request or the appeal; (B) the nature, content, language or subject matter of prior or contemporaneous requests or appeals by the person making the request or taking the appeal; and (C) the nature, content, language or subject matter of other verbal and written communications to any agency or any official of any agency from the person making the request or taking the appeal.
(4) Notwithstanding any provision of this subsection to the contrary, in the case of an appeal to the commission of a denial by a public agency, the commission may, upon motion of such agency, confirm the action of the agency and dismiss the appeal without a hearing if it finds, after examining the notice of appeal and construing all allegations most favorably to the appellant, that (A) the agency has not violated the Freedom of Information Act, or (B) the agency has committed a technical violation of the Freedom of Information Act that constitutes a harmless error that does not infringe the appellant's rights under said act.
Sec. 142. Section 4-65a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There shall be an Office of Policy and Management which shall be responsible for all aspects of state staff planning and analysis in the areas of budgeting, management, planning, energy policy determination and evaluation, intergovernmental policy, criminal and juvenile justice planning and program evaluation and for the establishment of personnel policy and responsibility for the personnel administration of state employees. The department head shall be the Secretary of the Office of Policy and Management, who shall be appointed by the Governor in accordance with the provisions of sections 4-5, 4-6, 4-7 and 4-8, with all the powers and duties therein prescribed. The Secretary of the Office of Policy and Management shall be the employer representative (1) in collective bargaining negotiations concerning changes to the state employees retirement system and health and welfare benefits, and (2) in all other matters involving collective bargaining, including negotiation and administration of all collective bargaining agreements and supplemental understandings between the state and the state employee unions concerning all executive branch employees except (A) employees of the Division of Criminal Justice, and (B) faculty and professional employees of boards of trustees of constituent units of the state system of higher education. The secretary may designate a member of the secretary's staff to act as the employer representative in the secretary's place.
(b) There shall be such undersecretaries as may be necessary for the efficient conduct of the business of the office. Each such undersecretary shall be appointed by the secretary and shall be qualified and experienced in the functions to be performed by him. The positions of each such undersecretary shall be exempt from the classified service.
(c) The secretary may delegate to the deputy secretary all or part of the authority, powers and duties of the secretary.
(d) The Office of Policy and Management shall constitute a successor department to the Department of Administrative Services in accordance with the provisions of sections 4-38d, 4-38e and 4-39 with respect to the establishment of personnel policy and responsibility for the personnel administration of state employees, except for the oversight of state worker's compensation claims. Where any order or regulation of the Department of Administrative Services pursuant to chapter 67 conflict, the Secretary of the Office of Policy and Management may implement policies and procedures consistent with the provisions of chapter 67 while in the process of adopting the policies or procedures in regulation form, provided notice of intent to adopt such regulations is printed in the Connecticut Law Journal not later than twenty days after implementation. Any such policies or procedures shall be valid until the time final regulations are adopted.
Sec. 143. Subsection (b) of section 1-81 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) The Office of State Ethics shall employ an executive director, general counsel and ethics enforcement officer, each of whom shall be exempt from classified state service. The salary for the executive director, general counsel and the ethics enforcement officer shall be determined by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management in accordance with accepted personnel practices. No one person may serve in more than one of the positions described in this subsection. The Office of State Ethics may employ necessary staff within available appropriations. Such necessary staff of the Office of State Ethics shall be in classified state service.
Sec. 144. Subsection (a) of section 1-83 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) (1) All state-wide elected officers, members of the General Assembly, department heads and their deputies, members of the Gaming Policy Board, members or directors of each quasi-public agency, members of the Investment Advisory Council, state marshals and such members of the Executive Department and such employees of quasi-public agencies as the Governor shall require, shall file, under penalty of false statement, a statement of financial interests for the preceding calendar year with the Office of State Ethics on or before the May first next in any year in which they hold such a position. Any such individual who leaves his or her office or position shall file a statement of financial interests covering that portion of the year during which such individual held his or her office or position. The Office of State Ethics shall notify such individuals of the requirements of this subsection not later than thirty days after their departure from such office or position. Such individuals shall file such statement within sixty days after receipt of the notification.
(2) Each state agency, department, board and commission shall develop and implement, in cooperation with the Office of State Ethics, an ethics statement as it relates to the mission of the agency, department, board or commission. The executive head of each such agency, department, board or commission shall be directly responsible for the development and enforcement of such ethics statement and shall file a copy of such ethics statement with the [Department of Administrative Services] Secretary of the Office of Policy and Management and the Office of State Ethics.
Sec. 145. Section 2-91 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Determinations made under the provisions of section 4-40 or chapter 67 with respect to classification or compensation of personnel of the Office of Auditors of Public Accounts shall, upon request of said auditors, be examined by the Joint Committee on Legislative Management. If said committee finds that modifications of such determinations are required to facilitate the orderly fulfillment of the responsibility of the Office of Auditors to the General Assembly, it shall recommend such required modifications to the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management. The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall thereupon implement such recommended modifications and incorporate them into the state compensation and classification plan without the necessity of further recourse to the approval or certification procedures specified in sections 4-40, as amended by this act, 5-200, as amended by this act, 5-206, as amended by this act, and 5-214. No modification shall be recommended by the committee which will cause the expenditures of the Office of Auditors of Public Accounts to exceed appropriations made to said office by the General Assembly; provided such appropriations shall not be subject to allotment restriction under the provisions of section 4-85.
Sec. 146. Section 3-12a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
In addition to the appointments authorized under section 3-13a, the Treasurer may appoint, as the Treasurer determines is necessary, officers and other investment-related personnel in other divisions of the office of the Treasurer, with the approval of the [Commissioner of Administrative Services and the] Secretary of the Office of Policy and Management. Such officers and investment-related personnel shall serve at the pleasure of the Treasurer.
Sec. 147. Section 3-119a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The Comptroller shall develop, implement and maintain a comprehensive retirement data base system and shall regularly consult and inform the State Employees Retirement Commission concerning the system.
(b) The Comptroller, in conjunction with the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management, shall develop, implement and maintain a state-wide time and attendance system. The system shall be integrated with the central payroll system and compatible with the development of the comprehensive retirement data base system.
Sec. 148. Section 4-15 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Except as provided in sections 2-15 and 4-14, the Comptroller shall not draw any order on the Treasurer for any sum to cover any charge for expense for travel to and from his home and the Capitol, or any personal expense while at the Capitol, of any officer or employee of the state having an office in the Capitol; or for any sum charged for clerical services rendered such officer or employee other than services rendered at the office of such officer or employee at the Capitol, except for clerical or special services approved by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management.
Sec. 149. Section 4-40 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The salaries, compensation and wages of all state officers, boards, commissions, deputies and employees, except in the Legislative and Judicial Departments of the state government, not prescribed by statute or special act, shall be determined [, subject to the approval of] by the Secretary of the Office of Policy and Management. [, by the Commissioner of Administrative Services.] The [salaries of the Commissioner of Administrative Services and] salary of the Secretary of the Office of Policy and Management shall be determined by the Governor. Salaries, compensation and wages in the legislative department shall be determined by the General Assembly and, in the Judicial Department, when not prescribed by statute or special act, shall be determined by the judges of the Supreme Court in accordance with the applicable provisions of section 51-12, unless the appointing authority is empowered to fix, approve, or otherwise determine, such salaries, compensation or wages in which case the salaries, compensation or wages so fixed, approved or otherwise determined shall not exceed the salaries, compensation or wages fixed for comparable positions in the compensation plan referred to in section 51-12.
Sec. 150. Section 4-40a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Members of the examining and licensing boards and commissions acting under title 20 shall be compensated for their services at rates established by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management, subject to the provisions of section 4-40, as amended by this act, and such compensation and the expenses of each such board or commission shall be charged against appropriations of the General Fund.
Sec. 151. Section 4-61aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There is established a committee to encourage the employment by the state of persons with disabilities. The Commissioner of [Administrative] Rehabilitation Services shall appoint the members of the committee, which shall be chaired by such commissioner, or [his] a designee, and include one representative of each of the following:
(1) The Board of Education and Services to the Blind;
(2) The Commission on the Deaf and Hearing Impaired;
(3) The [Department of Rehabilitation Services.] Office of Policy and Management;
(4) The Office of Protection and Advocacy for Persons with Disabilities;
(5) The Department of Mental Health and Addiction Services;
(6) The Department of Developmental Services; [and]
(7) The Labor Department; and
(8) The Department of Administrative Services.
(b) The committee shall:
(1) [Advise,] Upon the request of the state Americans with Disabilities Act coordinator, advise and develop written guidelines for [, the Commissioner of Administrative Services and the executive heads of other state agencies regarding] the adaptation of employment examinations and alternative hiring processes for, and the reasonable accommodation of, persons with disabilities; and
(2) Review [the program established under subsection (b) of section 4-61u and] compliance with the provisions of section 46a-70 concerning persons with physical disabilities.
Sec. 152. Section 4-61jj of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Each state agency, with the approval of the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management, may (1) provide for the recognition of volunteers who have served the agency and paid employees who have worked with the volunteers, and (2) provide volunteers with such incidental benefits or reimbursements as are consistent with section 4-61ll.
(b) The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall adopt regulations in accordance with chapter 54 to provide for the recognition of volunteer service as partial fulfillment of state employment requirements of training or experience.
Sec. 153. Section 4-70e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There is established an Office of Finance which shall be within the Office of Policy and Management and shall report directly to the Secretary of the Office of Policy and Management. The Office of Finance shall be administered by an executive financial officer.
(b) The executive financial officer of the Office of Finance shall, subject to the approval of the secretary: (1) Establish state agency financial policies, (2) review and approve, amend or reject all budget requests of state agencies for financial systems and operations and take actions to remedy any deficiencies in such systems and operations, (3) review and advise the executive heads of state agencies concerning agency financial staff needs, (4) [in cooperation with the Department of Administrative Services,] review the performance evaluations of state agency financial management personnel made by the executive heads of such agencies, recommend career development programs for higher level managers, coordinate interagency transfers of financial managers and advise state agencies concerning personnel policies and salary scales for financial managers, (5) monitor financial reports of all state agencies and (6) organize and implement programs for the exchange of information and technology concerning financial systems among state agencies and other state financial personnel.
Sec. 154. Section 4a-2a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) For the fiscal year ending June 30, 1999, and each fiscal year thereafter, the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management, in consultation with the Commissioner of Mental Health and Addiction Services and the Commissioner of Emergency Services and Public Protection, shall, within the limits of available appropriations, provide an appropriate program of workplace stress awareness and prevention for state employees.
(b) On or before January 1, 2012, the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall develop an employee training program to instruct state employees on workplace violence awareness, prevention and preparedness. Any full-time employee, as defined in section 5-196, as amended by this act, employed by the state prior to January 1, 2012, shall be required to attend the training described in this subsection. Any full-time employee employed by the state on or after January 1, 2012, shall be required, not later than six months from the date of hire, to attend the training described in this subsection as a condition of his or her employment.
Sec. 155. Section 4a-2c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
[On or before February 1, 2000, the Commissioner of Administrative Services] The Secretary of the Office of Policy and Management, with the advice and assistance of the Commission on Human Rights and Opportunities shall, within available appropriations, develop a standardized diversity training program which shall be used by each state agency in completing the diversity training required under section 46a-54. Such program shall include, but shall not be limited to, training and education concerning the federal and state statutory provisions concerning discrimination and hate crimes directed at protected classes and remedies available to victims of discrimination and hate crimes, standards for working with and serving persons from diverse populations and strategies for addressing differences that may arise from diverse work environments.
Sec. 156. Section 4a-7a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) As used in this section, "personal service agreement" means a written agreement between the state and an individual for services rendered to the state which are infrequent or unique.
(b) A personal service agreement between a state agency and an individual shall have a term of not more than one year. Any such personal service agreement may be extended or renewed, for an unlimited term, provided the appropriate collective bargaining representative, the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management and the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees are notified of such extension or renewal.
Sec. 157. Section 5-141b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The [Commissioner of Administrative Services] Comptroller may issue a statement to all state employees which shall include a summary of medical benefits, survivors' benefits and normal retirement benefits for each employee and a summary of general salary and other fringe benefit provisions.
Sec. 158. Section 5-141c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The [Commissioner of Administrative Services, with the approval of the] Secretary of the Office of Policy and Management [,] shall establish and implement regulations, in accordance with the provisions of chapter 54, for the reimbursement of state employees for expenses incurred in the performance of their duties, except to the extent that such reimbursement is otherwise provided in accordance with the provisions of chapter 67 or 68.
Sec. 159. Subsection (b) of section 5-164 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) A member who has reached the retirement age of seventy may be continued in his position in state service, if such continuation is approved by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management. The appointing authority requesting such continuation shall certify in writing to the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management that the continuation is desirable for the efficient conduct of the state's business and that the member is able and qualified to perform the work required. Approval by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management of such continuation shall be for a period of one year, which may be renewed by [said commissioner] the secretary upon request by the appointing authority.
Sec. 160. Subsection (d) of section 5-175 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(d) No increase in the number of employees of a state-aided institution who may become members shall be made unless the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management approves such increase as to necessity and desirability.
Sec. 161. Subsection (e) of section 5-192l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(e) Retirement on the first day of the month on or after the member's seventieth birthday is mandatory regardless of whether he is eligible for a retirement income under this section except:
(1) A department head, as defined in section 4-5, or any commissioner appointed to office in the executive branch by the Governor with or without the approval of the General Assembly or either branch thereof, who reaches his retirement date, namely, the first day of the month on or after his seventieth birthday, during the term for which he is appointed, may continue in office after such retirement date until the expiration of such term. Any such person who had reached such date prior to his reappointment as such commissioner may serve for the term for which he is so reappointed.
(2) A member who has reached the retirement age of seventy may be continued in his position in state service, if such continuation is approved by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management. The appointing authority requesting such continuation shall certify in writing to the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management that the continuation is desirable for the efficient conduct of the state's business and that the member is able and qualified to perform the work required. Approval by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management of such continuation shall be for a period of one year, which may be renewed by [said commissioner] the secretary upon request by the appointing authority.
(3) A member who is a teacher, instructor, principal, superintendent, or supervisor employed by the State Board of Education or any state institution, and who has reached the retirement age of seventy may be continued in his position of state service to the end of the fiscal year in which his seventieth birthday falls, without the approval of the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management.
(4) A department head, head of an institution, or administrator of a state fund may be continued as provided in subdivision (2) of this subsection. A continuation of such employee beyond the age of seventy-three shall be requested by the appointing authority in writing and shall require the approval of the Governor.
(5) A duly appointed and acting messenger or assistant messenger of any constituent court of the Judicial Department who has reached his retirement age of seventy may be reemployed, pursuant to section 51-78, in the service of the court in which he has been a messenger at the salary paid him at the time of his retirement. Such reemployment shall continue until such time as the judges of said court terminate the same. Subdivision (2) of this subsection does not apply to any such messenger.
(6) Except as provided in section 5-192v, the existing retirement rights of a member continued under this section after his retirement date shall not be affected by such continuation, and additional retirement rights shall accrue to him. The provisions of chapter 67 dealing with examinations, certifications, and appointments to and separations from the service shall not apply to any such member.
Sec. 162. Section 5-196 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
As used in this chapter, unless the context otherwise requires:
(1) "Agency" means a department, board, institution or commission established by statute, not a part of any other department, board, institution or commission.
(2) "Allocation" means the official assignment of a position in the classified service to the appropriate standard class of the classification plan.
(3) "Appointing authority" means a board, commission, officer, commissioner, person or group of persons or the designee of such board, commission, officer, commissioner, person, person or group of persons having the power to make appointments by virtue of a statute or by lawfully delegated authority.
(4) "Candidate list" means a list of the names of persons based on merit as determined under the provisions of this chapter, which persons have been found qualified through suitable examinations for employment in positions allocated to a specified class, occupational group or career progression level.
(5) "Class", "class of positions" or "position classification" means a position or group of positions in the state classified service established under this chapter that share general characteristics and are categorized under a single title for administrative purposes.
(6) "Classified service" means every office or position in the state service, whether full-time or part-time, for which compensation is paid, except those offices and positions specified in section 5-198 or otherwise expressly provided by statute.
(7) "Compensation" means the salary, wages, benefits and other forms of valuable consideration earned by and provided to an employee in remuneration for services rendered.
(8) "Compensation schedule" or "compensation plan" means a list or lists specifying a series of compensation steps and ranges.
(9) "Eligible" or "eligible person" means a person [whose name is on a candidate list] who has either met the requirements of the class and determined qualified by the Office of Policy and Management or who is placed on a candidate list by an examination administered by or at the direction of the Office of Policy and Management.
(10) "Employee" or "state employee" means any person holding a position in state service subject to appointment by an appointing authority.
(11) "Examination" means an assessment device or technique yielding scores or ratings designed to determine the fitness of candidates for positions allocated to a specified class, occupational group or career progression level.
(12) "Full-time employee" means an employee holding a position normally requiring thirty-five hours or more of service in each week.
[(13) "Generic job class" means a job classification comprised of positions covering a diversity of assignments which are either occupationally or functionally related.]
[(14)] (13) "Good standing" means the status of an employee whose employment in the state service has been terminated other than as a result of disciplinary action or during a period when disciplinary action was pending.
[(15)] (14) "Grade" or "pay grade" means a relative level, numerically expressed, to which one or more classes may be assigned according to the degree of their complexity, importance and value, and which refers to a single pay range in the compensation schedule.
[(16)] (15) "Minimum earned rating" means the lowest score or rating that entitles a candidate to pass the examination.
[(17)] (16) "Officer" or "state officer" means any person appointed to a state office established by statute, including appointing authorities.
[(18)] (17) "Part-time employee" means an employee holding a position normally requiring less than thirty-five hours of service in each week.
[(19)] (18) "Permanent appointment" means appointment to a position in the classified service following successful completion of the required working test.
[(20)] (19) "Permanent employee" means an employee holding a position in the classified service under a permanent appointment or an employee holding a position in unclassified service who has served in such a position for a period of more than six months, except employees in positions funded in whole or in part by the federal government as part of any public service employment program, on-the-job training program or work experience program.
[(21)] (20) "Permanent position" means any position in the classified service which requires or which is expected to require the services of an incumbent without interruption for a period of more than six months, except positions funded in whole or in part by the federal government as part of any public service employment program, on-the-job training program or work experience program.
[(22)] (21) "Position" means a group of duties and responsibilities currently assigned or designated by competent authority to require the services of one employee.
[(23)] (22) "Public member" means a member of a board or commission who does not hold any office or position in the state service.
[(24)] (23) "Reemployment list" means a list of names of persons arranged in the order prescribed by the provisions of this chapter and by regulations issued in accordance with this chapter, which persons have occupied positions allocated to any class in the classified service, and are no longer in such class and are entitled to have their names certified to appointing authorities when vacancies in such class are to be filled, in preference to those whose names are on the candidate list for such class.
[(25)] (24) "State service" means occupancy of any office or position or employment in the service of the state, but not of local governmental subdivisions thereof, for which compensation is paid.
[(26)] (25) "Temporary position" means a position in the state service which is expected to require the services of an incumbent for a period not in excess of six months.
[(27)] (26) "Unclassified service" means any office or position in the state service which is not in the classified service.
[(28)] (27) "Working test" means a trial working period made a part of the selective process under the provisions of this chapter and by regulations issued in accordance with this chapter, during which the work and conduct of the employee shall be noted by the appointing authority or his authorized agent and reported upon to determine whether such employee merits permanent appointment.
[(29)] (28) "Veteran", when used in this chapter and in section 5-180, means any person who has been honorably discharged from or released under honorable conditions from active service in the armed forces of the United States and who has performed such service in time of war, as such terms are defined in section 27-103, except that the final date for service in time of war during World War II shall be December 31, 1947.
[(30)] (29) "Managerial employee" means any person presently covered by the existing managerial compensation plan pursuant to subsection (g) of section 5-270.
[(31)] (30) "Career progression level" means the following career levels in which each class of positions shall be categorized as determined by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management based on general job characteristics and minimum requirements for knowledge, skill and ability, including, but not limited to, education, employment history and special skills: (A) Entry, (B) working, (C) lead, (D) supervisor, and (E) manager.
[(32)] (31) "Occupational group" means broad occupational areas in which each class of positions shall be categorized as determined by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management.
Sec. 163. Subsections (a) and (b) of section 5-180 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The war service before September 1, 1939, of a veteran, as defined in section 27-103 and [subdivision (29) of] section 5-196, as amended by this act, shall be counted as state service if the member began to make his retirement contributions before September 1, 1941, and made retirement contributions on all salary received by him from September 1, 1939, until his retirement date.
(b) The war service before September 1, 1939, of a veteran who became a member after September 1, 1939, and the war service or military service during a national emergency declared by the President of the United States on and after September 1, 1939, of a veteran who became a member at any time, shall be counted as state service if the member makes retirement contributions for each month of war service as defined by section 27-103 and described in subdivision [(29)] (28) of section 5-196, as amended by this act, or for each month of such service during a national emergency, as the case may be. Any veteran who becomes a member on or after July 1, 1975, shall not receive credit for such war or military service if such member has received or is entitled to receive any retirement allowance for the same years of such service from the federal government. Any veteran who is a member and who has not made application for such credit prior to July 1, 1975, shall not receive credit for such service if such member has received or is entitled to receive any retirement allowance for the same years of such service from the federal government unless such member makes application for such credit to the Retirement Commission on or before October 1, 1975, and makes retirement contributions for each month of such service in accordance with the provisions of this subsection. The Comptroller of the state may notify each employee of this provision on or before September 1, 1975. Such contributions shall equal one-twelfth of four per cent of his first year's salary as a state employee multiplied by the total number of months of such war service or national emergency service and, if such employee became a member after April 1, 1958, shall be accompanied by interest at four per cent per year from the time such war service was rendered or from September 1, 1939, whichever is later, until the date of payment or January 1, 1962, whichever is earlier. Such contributions may be paid by payroll deductions as determined by the Retirement Commission over a period not to exceed thirty-six months, interest thereon to be paid not later than the last day of the month following the payment of the last of such deductions. Service credit for retirement purposes shall not be granted unless payment of contributions and interest is completed. No credit shall be given hereunder for military service during a national emergency to any state employee who has served less than ten years as a permanent full-time state employee, nor for any such military service beyond a total period of his compulsory service, if any, plus three years.
Sec. 164. Subsection (a) of section 5-248a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) For purposes of this section, "child" means a biological, adopted or foster child, stepchild, child of whom a person has legal guardianship or custody, or, in the alternative, a child of a person standing in loco parentis, who is (1) under eighteen years of age, or (2) eighteen years of age or older and incapable of self-care because of a mental or physical disability. Each permanent employee, as defined in [subdivision (20) of] section 5-196, as amended by this act, shall be entitled to a family leave of absence upon the birth or adoption of a child of such employee, or upon the serious illness of a child, spouse or parent of such employee; and a medical leave of absence upon the serious illness of such employee or in order for such employee to serve as an organ or bone marrow donor. The total amount of time that an employee is entitled to for leaves of absence pursuant to this section shall be twenty-four weeks within any two-year period. Any such leave of absence shall be without pay. Upon the expiration of any such leave of absence, the employee shall be entitled (A) to return to the employee's original job from which the leave of absence was provided or, if not available, to an equivalent position with equivalent pay, except that in the case of a medical leave, if the employee is medically unable to perform the employee's original job upon the expiration of such leave, the [Personnel Division of the Department of Administrative Services] Secretary of the Office of Policy and Management shall endeavor to find other suitable work for such employee in state service, and (B) to all accumulated seniority, retirement, fringe benefit and other service credits the employee had at the commencement of such leave. Such service credits shall not accrue during the period of the leave of absence.
Sec. 165. Subsection (g) of section 5-248a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(g) Each permanent employee, as defined in [subdivision (20) of] section 5-196, as amended by this act, who is the spouse, son or daughter, parent or next of kin of a current member of the armed forces, as defined in section 27-103, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status or is on the temporary disability retired list for a serious injury or illness incurred in the line of duty, shall be entitled to a one-time benefit of twenty-six workweeks of leave within a single two-year period for each armed forces member per serious injury or illness incurred in the line of duty.
Sec. 166. Subsection (d) of section 5-257 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(d) The insurance of any employee insured under this section shall cease on termination of employment, and of any member of the General Assembly at the end of such member's term of office, subject to any conversion privilege provided in the group life insurance policy or policies. Notwithstanding any provision of this section, the amounts of life insurance of insured employees retired in accordance with any retirement plan for state employees shall be as follows: The amount of life insurance of an insured employee retired before, on or after July 1, 1998, with twenty-five or more years of state service, as defined in [subdivision (25) of] section 5-196, as amended by this act, or a member of the General Assembly who is retired on or after July 1, 1988, with twenty-five or more years of service, shall be one-half of the amount of life insurance for which the employee was insured immediately before retirement, provided in no case shall the amount be less than ten thousand dollars, those with less than twenty-five years of service shall receive the proportionate amount that such years of service is to twenty-five years rounded off to the nearest hundred dollars of coverage, except that the amount of life insurance of an insured employee who is retired on or after July 1, 1982, under the provisions of section 5-173 shall be one-half of the amount of life insurance for which the employee was insured immediately before retirement, regardless of the number of years of service by such employee. In no case shall a retired employee be required to contribute to the cost of any such reduced insurance. For the purposes of this section, no employee shall be deemed to be retired as long as such employee's employment continues under subsections (b) and (e) of section 5-164.
Sec. 167. Subsection (a) of section 45a-54 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Any judge or employee who is not yet receiving a retirement allowance may apply to the Retirement Commission for credit for service as a member of the General Assembly and for military service, consisting of war service, as defined in section 27-103 and described in subdivision [(29)] (28) of section 5-196, as amended by this act, and national emergency service as defined by law, provided credit for such military and General Assembly service shall not exceed three years in the aggregate. Any such application for credit for service as a member of the General Assembly must be filed within one year of the date upon which the judge or employee first becomes a member or within one year of October 1, 1986, whichever is later. Any such application for credit for military service must be filed within one year of the date upon which the judge or employee first becomes a member or within one year of October 1, 1994, whichever is later.
Sec. 168. Subdivisions (10) and (11) of section 5-198 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(10) Executive assistants to each state elective officer and each department head, as defined in section 4-5, provided (A) each position of executive assistant shall have been created in accordance with section 5-214, and (B) in no event shall the Secretary of the Office of Policy and Management approve more than five executive assistants for a department head;
(11) One personal secretary to the administrative head and to each undersecretary or deputy to such head of each department or institution; [provided any classified employee whose position is affected by this subsection shall retain classified status in such position;]
Sec. 169. Subdivision (23) of section 5-198 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(23) Lieutenant colonels in the Division of State Police within the Department of Emergency Services and Public Protection; [appointed on or after June 6, 1990;]
Sec. 170. Section 5-199d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The [Department of Administrative Services] Office of Policy and Management or any other state agency which seeks to contract for training for their employees shall, prior to entering into a contract, contact the president of the Board of Regents for Higher Education, or said president's designee, to determine if an appropriate training program exists or can be designed at a regional community-technical college. Nothing in this section shall preclude an agency from considering or choosing other providers to meet such training need.
Sec. 171. Section 5-200 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management or his authorized agent shall administer centralized and decentralized selection programs that will identify those applicants most qualified for appointment to or promotion in the state classified service, and establish candidate and reemployment lists for the various classes of positions within occupational groups and career progression levels. Upon a request from any appointing authority or indication of the need for additional employees, as evidenced by the presence of a temporary or provisional employee or by a request for certification of a temporary employee in any class, the [commissioner] secretary or his or her designee shall certify the names of persons eligible for employment or reemployment. The [commissioner] secretary shall: (1) Install and administer service-rating systems; (2) devise plans for, and cooperate with, appointing authorities and other supervising officials in the conduct of employee training programs to the end that the quality of service rendered by persons in the classified service may be continually improved; (3) conduct research into methods of selection, service ratings and other problems of personnel administration; (4) arrange for and, in cooperation with appointing authorities, effect transfers; (5) cooperate with appointing authorities in employee recruitment programs; (6) administer annual sick and special leaves of absence and hours of work and attendance in accordance with the provisions of this chapter and any regulations relating thereto; (7) establish personnel standards, governing promotions, classifications, reclassifications and the creation of positions, that will provide guidance to all agencies in matters of personnel management and serve as a means to evaluate agency performance in conducting personnel management; and (8) see that all appointments, promotions, layoffs, demotions, suspensions, removals and retirements are made in accordance with the applicable provisions of the general statutes and regulations issued pursuant thereto. The [commissioner] secretary may fully or partially delegate the responsibilities set forth in this subsection to the heads of state agencies or their authorized agents, subject to audit, in order to improve human resource management.
(b) The [commissioner] secretary shall review position classifications in accordance with subsection (c) of section 5-206.
(c) The [commissioner] secretary shall cause to be kept for the classified service suitable records of (1) regulations adopted under this chapter, (2) classifications of positions, occupational groups, career progression levels and schedules of compensation provided for under this chapter, (3) standards for examining qualifications and measuring service, (4) examinations conducted and candidate and reemployment lists established, and (5) provisional and temporary appointments and other official acts.
(d) The [commissioner] secretary shall prescribe procedures for reports to be submitted to him.
(e) The [commissioner] secretary shall establish and maintain a complete roster of the employees and officers in the state service, whether under the classified service or not, showing for each such employee the title of the position held, his or her departmental, agency or institution assignment, rate of compensation, date of appointment and each change in his or her status, including any increase and decrease in pay, change in title, transfers or other facts which the [commissioner] secretary considers desirable and pertinent.
(f) The [commissioner] secretary shall prescribe reasonable conditions and procedures under which the records of the [Department of Administrative Services] Office of Policy and Management shall be open to public inspection during usual business hours, except as provided in section 5-225. [He] The secretary shall take all due precautions to prevent the securing in advance by any unauthorized person of any material to be used in any examination under this chapter, unless such material is available for all applicants. Statements of the former employers of applicants shall be considered confidential and shall not be open to inspection by any person.
(g) The [commissioner] secretary and his or her agents shall have free access to premises and records under the control of all officers, appointing authorities and other state employees during usual business hours and shall be furnished such facilities, assistance and information as [he] the secretary and [his] the secretary's agents require in carrying out their functions. This subsection shall not apply to the medical records of state employees, unless the employee gives his or her consent or unless the information sought is necessary to assure adjudication of any responsibility on the part of the state or unless medical interpretations of preemployment and other examinations are requested by the [commissioner] secretary.
(h) (1) The [commissioner] secretary shall, after completion of all established preliminary procedures necessary to prepare new and revised regulations, print and provide current and complete personnel regulations to all state agencies and to recognized state employee organizations. (2) New and revised regulations prepared as the result of legislative changes or development of new policies shall be processed in accordance with established procedures within a period of time not less than six months from their effective date and distributed in the same manner.
(i) The [commissioner] secretary may designate any two or more of his or her staff to serve as a hearing panel with respect to any matter before the [commissioner] secretary. The [commissioner] secretary and any hearing panel shall have the power to make investigations, inquiries and hold hearings. Any such panel shall report and may submit recommendations to the [commissioner] secretary but shall have no other power except as otherwise specified in this chapter.
(j) The [commissioner shall issue] secretary shall adopt, in accordance with the provisions of chapter 54, such regulations as [he] the secretary may find necessary or appropriate for the administration of personnel pursuant to the provisions of this chapter.
(k) The [commissioner shall, subject to the approval of the Secretary of the Office of Policy and Management,] secretary shall establish compensation schedules or plans pertaining to all state employees except employees of the Judicial and Legislative Departments and employees whose compensation is prescribed by statute. The [commissioner] secretary shall prescribe higher compensation for work performed under less desirable conditions or at less desirable hours.
(l) The [commissioner] secretary shall establish classes of positions, occupational groups and career progression levels for all state employees holding positions in the classified service.
(m) The [commissioner] secretary shall maintain current compensation schedules pertaining to all employees specified in subsection (k) of this section and a comprehensive plan of position classifications pertaining to all employees specified in subsection (l) of this section.
(n) Any interested employee or his representative or any appointing authority may submit to the [commissioner] secretary written data, views or arguments or a request for a hearing in regard to specified position classifications or allocation of a class of positions to the compensation schedule. Within two months after the [commissioner] secretary shall have received such data, views or arguments or shall have held any requested hearing, [he] the secretary shall forward to such employee, representative or appointing authority his or her written decision thereon, together with all written materials submitted to [him] the secretary by the interested employee or his or her representative and such other information as [he] the secretary considers appropriate.
(o) The [commissioner] secretary may at any time establish, abolish, divide or combine classes of positions and allocation of classes of positions to the compensation schedule. [Any such action having a fiscal impact must be approved by the Secretary of the Office of Policy and Management. The commissioner] The secretary may at any time [, subject to the approval of the Secretary of the Office of Policy and Management,] amend or repeal any portion of any compensation schedule. The [commissioner] secretary need not conduct any investigation or hearing prior to any such action.
(p) When such authority is not otherwise conferred by statute, the [commissioner] secretary may issue orders to provide that (1) executive or judicial [branch] department employees exempt from the classified service or not included in any prevailing bargaining unit contract, except unclassified employees of any board of trustees of the constituent units of higher education, be granted rights and benefits not less than those granted to employees in the classified service or covered under such contracts, or (2) retirement benefits for state employees exempt from the classified service or not included in any prevailing bargaining unit contract [and employees of state-aided institutions, as defined in section 5-175,] be adjusted to provide retirement benefits for such employees which are the same as those most frequently provided under the terms of approved bargaining unit contracts in effect at the time of such adjustment. When such authority is not otherwise conferred by statute, the board of trustees of any constituent unit of the state system of higher education may issue orders to provide that the unclassified employees of such board be granted rights and benefits not less than those granted to employees of the board who are covered under a prevailing bargaining unit contract. Where there is a conflict between an order granting such rights and benefits and any provision of the general statutes, such order shall prevail. Such orders shall be subject to the approval of the Secretary of the Office of Policy and Management. If the secretary approves such order, and such order is in conflict with any provision of the general statutes, the secretary shall forward a copy of such order to the joint committee of the General Assembly having cognizance of labor matters.
(q) Commencing November 1, 1989, elected officials and employees in the legislative [branch] department and elected officials in the executive [branch] department shall be granted rights and benefits equal to those granted to employees in the classified service covered under a prevailing collective bargaining agreement negotiated in accordance with subdivision (1) of subsection (f) of section 5-278.
(r) When requested by the appropriate appointing authority, the [commissioner] secretary shall establish classes of positions for employees holding positions in the unclassified service and shall establish compensation schedules pertaining to employees of the Judicial and Legislative Departments. [, subject to the approval of the Secretary of the Office of Policy and Management.]
[(s) The commissioner and any municipality or other political subdivision of the state may enter into an agreement whereby the Department of Administrative Services shall provide such personnel administration services as may be requested by such municipality or political subdivision. Such agreement shall provide for the payment by such municipality or political subdivision, to the commissioner, of expenses incurred in the provision of such personnel services. All payments received by the commissioner pursuant to this section shall be deposited in the General Fund and credited to the appropriations of the Department of Administrative Services in accordance with the provisions of section 4-86.]
[(t) Notwithstanding the provisions of this chapter, any] (s) Any matters involving collective bargaining shall be the responsibility of the Secretary of the Office of Policy and Management.
Sec. 172. Section 5-200a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The [Commissioner of Administrative Services, with the assistance of a consultant and project coordinator as required, and utilizing such studies as may be available to said commissioner, shall adopt and implement a system for evaluating] Secretary of the Office of Policy and Management shall evaluate classifications in state service on a periodic basis of not less than five years to determine if the classification is in the appropriate compensation plan based upon appropriate and reasonably objective job-related criteria, excluding classes covered by section 5-198. [Based on the two-phase recommendation of the pilot study produced pursuant to the mandate of special act 79-72, the Department of Administrative Services shall, as necessary, review and make appropriate revisions to the classification system for all jobs within all job families in state employment which are subject to evaluation, and shall evaluate such classifications in state service on the basis of objective job-related criteria and in conformance with procedures and techniques recommended by the commissioner.] Said objective, job-related criteria shall include but not be limited to: (1) Knowledge and skill required to carry out the duties of the position, (2) effort, both mental and physical, and (3) accountability. Evaluation committees which are representative of management and employees in the occupations being evaluated shall be formed for the purposes of this section. [Utilizing the job evaluation system, the commissioner shall determine ratings for jobs through assignment of factor values and shall, on January 1, 1982, and each January first thereafter, make a progress report and report all findings, including comparative job ratings, to the cochairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees. An advisory committee representing various interested parties shall advise the Department of Administrative Services in performing this work.] No modification of compensation shall be required by such ratings. Ratings may be a consideration in setting salaries, subject to the provisions of chapter 68 for classes included under collective bargaining. [The job evaluation process shall include system selection, testing and training of raters. During the fiscal year ending June 30, 1982, up to seven hundred classes shall be evaluated, including those classes studied pursuant to special act 79-72 and this section, as in effect prior to July 1, 1981, and such other classes as may provide a representative sample of the classifications in state service. The commissioner shall report the preliminary findings with regard to such a sample by March 1, 1982, to the cochairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees. In each succeeding year the commissioner shall, within available appropriations, evaluate up to seven hundred classes a year and report the findings of such evaluation to the cochairpersons of said committee.]
(b) [The Commissioner of Administrative Services, with the assistance of a consultant and project coordinator as required, and utilizing such studies as may be available to the commissioner, shall adopt and implement a system for a full classification and job evaluation study of all unclassified positions in state service, as described in section 5-198, currently held or to be held by employees in collective bargaining units.] The Secretary of the Office of Policy and Management shall evaluate on a periodic basis of not less than five years classifications of all unclassified positions in state service, as described in section 5-198, currently held or to be held by employees in collective bargaining units, to determine if the classification is in the appropriate compensation plan based upon appropriate and reasonably objective job-related criteria. The [commissioner] secretary shall conduct such evaluations in accordance with the provisions of subsection (a) of this section.
[(c) Notwithstanding the provisions of subsection (b) of this section, (1) studies of unclassified employees conducted as negotiated under collective bargaining agreements shall be implemented and funded in conjunction with studies completed under subsection (a) of this section, and (2) on or before August 1, 1987, any exclusive bargaining representative may notify the commissioner, in writing, of those unclassified positions in the particular bargaining unit which shall be excluded from the study conducted pursuant to subsection (b) of this section.]
[(d)] (c) Any unclassified position may be excluded from the study conducted pursuant to subsection (b) of this section if [(1) the inclusion of such position in the study is not deemed to be feasible by the feasibility study mandated by special act 86-51 and (2)] the [commissioner] secretary and the exclusive bargaining representative mutually agree to exclude such position.
Sec. 173. Section 5-200b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Any state employee who is being reclassified upward to a competitive or noncompetitive class in state service may be allocated to the higher classification without examination by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management if the reclassification results from a survey of all positions in a class, an occupational [series] group or all classes of a bargaining unit and the employee possesses the minimum experience and training requirements for the new class and has permanent status in the present class.
Sec. 174. Section 5-200c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
[(a) Commencing with the fiscal year ending June 30, 1988, and] Pursuant to the agreement in effect on July 1, 2013, between the state and the State Employee Bargaining Agent Coalition, entered into pursuant to collective bargaining, wage inequities have been eliminated. The Secretary of the Office of Policy and Management shall take into account any further wage inequities identified as part of the five year review process in accordance with section 5-200a, as amended by this act. In each fiscal year, [thereafter,] upon the request of the secretary, the General Assembly shall appropriate sufficient funds to the reserve for salary adjustments account in the annual appropriations act for such fiscal year to be designated for use in [eliminating inequities, including sex-based inequities, within and between all job families in the wages paid] modifications to the compensation plan for state service, as identified by the findings of (1) the objective job evaluation process conducted by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management pursuant to section 5-200a, as amended by this act, [(2) objective job evaluation studies of unclassified employees, and (3)] and (2) other studies negotiated under collective bargaining agreements. Inequities shall not be eliminated through the downgrading of any job classification or salaries. [Extraordinary variations in compensation in relation to point values assigned by such studies shall not necessarily be used as a basis for upgradings of any job classifications or salaries and shall be a subject for collective bargaining. Such funds shall be distributed in a manner to be determined by collective bargaining. All such wage inequities shall be eliminated by July 1, 1995.]
[(b) Upon the completion of the studies referred to in subdivisions (2) and (3) of subsection (a) of this section and the implementation of the results of such studies, collective bargaining negotiations concerning wage changes as a result of objective job evaluations shall commence not later than April 1, 1993. Notwithstanding the provisions of subsection (a) of section 5-278, such negotiations shall be conducted between the employer, as defined in subsection (a) of section 5-270, and a coalition committee which represents all state employees who are members of any designated employee organization. The results of any such negotiations shall be implemented as of July 1, 1995. All wage inequities shall be deemed to have been eliminated upon the implementation of such results. Nothing in this subsection shall be deemed to affect any appeal related to any objective job evaluation studies previously taken or allowed or any litigation pending on June 25, 1991, or to prohibit the continued use of a point factor value system for the evaluation of newly created job classifications.]
Sec. 175. Section 5-201 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There shall be an Employees' Review Board consisting of seven members, at least one of whom shall be an attorney with experience in administrative or labor law. [Each member first appointed on or after July 1, 1987, shall have substantial current experience as an impartial arbitrator of labor-management disputes. On or after January 1, 1980, the Governor shall appoint five persons to serve as members of the board for terms of three years from January 1, 1980, or until their successors are appointed. On or after January 1, 1983, and quadrennially thereafter, the Governor shall appoint five persons to serve as members of the board for terms of four years from the first day of January preceding such appointment or until their successors are appointed.] On or after July 1, 1987, and quadrennially thereafter, the Governor shall appoint two persons to serve as members of the board for terms of four years from the first day of July preceding such appointment or until their successors are appointed. No member shall serve more than two consecutive terms. No member of the board shall be an employee of the state. The Governor shall designate one member of the board to serve as chairperson. The Governor shall fill any vacancy in the membership of the board for the unexpired portion of a term and may remove any member as provided in section 4-12. Each member of the board shall be paid at the prevailing rate as approved by the [Commissioner of Administrative Services and the] Secretary of the Office of Policy and Management for each day of service in lieu of expenses and shall hold office until a successor is appointed. A quorum of the board shall consist of three members. The board shall be within the Department of [Administrative Services] Labor for administrative purposes only.
(b) The board shall hear and act upon appeals filed with it in accordance with section 5-202. The board, or any three of its members designated by the board, may serve as a hearing panel and render a decision. The board or hearing panel shall have the power to administer oaths and affirmations, certify to all official acts, issue subpoenas and compel the attendance and testimony of witnesses and the production of records, papers and documents and to make investigations and hold hearings concerning any appeal presented to the board in accordance with this chapter or regulations issued pursuant thereto. Hearings shall be open to the public except that a hearing panel may conduct a closed hearing upon request of the aggrieved employee. The board shall adopt as a regulation, in accordance with the provisions of chapter 54, rules of procedure for hearings.
Sec. 176. Section 5-202 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Any employee who is not included in any collective bargaining unit of state employees and who has achieved a permanent appointment as defined in [subdivision (19) of] section 5-196, as amended by this act, may appeal to the Employees' Review Board if such employee receives an unsatisfactory performance evaluation or is demoted, suspended or dismissed, or is aggrieved as a result of [alleged discrimination, or unsafe or unhealthy working conditions or violations involving the interpretation and] the application of a specific state personnel statute [,] or regulation. [ or rule.] Such employee must have complied with preliminary review procedures, except as otherwise provided in subsection (l) of this section. Such an appeal shall be submitted to the board not later than thirty days from the completion of the final level of the preliminary review procedure, provided the first level of the procedure shall have been initiated no later than thirty calendar days from the date of the alleged violation, except that in cases of dismissal, demotion or suspension the grievance must be submitted directly to the third level of the procedure and shall have been initiated no later than thirty calendar days from the effective date of such action.
[(b) Any group of employees that is not included in any collective bargaining unit of state employees may file an appeal as a group directly with the Employees' Review Board if such group of employees is laid off or dismissed, or is aggrieved as a result of alleged discrimination, or unsafe or unhealthy working conditions or violations involving the interpretation and application of a specific state personnel statute, regulation or rule, provided each member of such group (1) is appealing the same or a similar issue, as determined by the Employees' Review Board, (2) is a permanent employee, as defined in subdivision (20) of section 5-196, and (3) has achieved a permanent appointment, as defined in subdivision (19) of section 5-196. Such an appeal shall be submitted to the board not later than thirty calendar days from the specific incident or effective date of action giving rise to such appeal.]
(b) Any time limit contained in subsection (a) and subsections (c) to (m), inclusive, of this section may be waived by mutual written agreement of the employee or the employee's designated representative and the Secretary of the Office of Policy and Management or the secretary's designee.
(c) Upon receiving an appeal, the board shall assign a time and place for a hearing and shall give notice of such time and place to the parties concerned. The hearing panel shall not be bound by technical rules of evidence prevailing in the courts. If, after hearing, a majority of the hearing panel determines that the action appealed from was arbitrary or taken without reasonable cause, the appeal shall be sustained; otherwise, the appeal shall be denied. The hearing panel shall have the power to direct appropriate remedial action and shall do so after taking into consideration just and equitable relief to the employee [or group of employees] and the best interests and effectiveness of the state service. The hearing panel shall render a decision not later than sixty calendar days from the date of the conclusion of the hearing.
(d) The employee [or group of employees] in any such case shall be furnished, upon request, with a copy of the transcript of the proceedings before the board. The chairman of the board shall establish a fair and reasonable fee per page to be charged for such transcript which fee shall not exceed the fee per page for a transcript charged by court reporters for the judicial district of Hartford.
(e) Not later than ten days from the issuance date of a decision by a hearing panel sustaining an appeal, the appointing authority of the employee shall take such measures as are necessary to comply with the remedial action directed by the hearing panel.
(f) An employee [or group of employees] laid off or dismissed by reason of economy, lack of work, insufficient appropriation, change in departmental organization or abolition of position may file an appeal with the board only on the grounds that the order of layoff or dismissal has not been determined in accordance with the provisions of section 5-241, provided [(1)] such employee has initiated the third level of the preliminary review procedure not later than thirty calendar days from the effective date of such layoff or dismissal. [, or (2) such group of employees submits such appeal to the board not later than thirty calendar days from the effective date of the layoff or dismissal.]
(g) All matters involving examination, including application rejection, type of examination or results, compensation for class or classes, establishment of a new class or classes, classification of a position, occupational group or career progression level, compliance with health and safety standards and the Connecticut Occupational Safety and Health Act or alleged discrimination in cases where an appeal has been filed with the Commission on Human Rights and Opportunities, shall not be appealable under this section.
(h) The first level of the preliminary review procedure preparatory to the filing of an appeal from an alleged grievable action under subsection (a) of this section other than dismissal, demotion or suspension shall be the aggrieved employee's supervisor or department chief or other employee as designated by the employee's appointing authority. Such aggrieved employee shall present the employee's grievance in writing on a form developed by the Secretary of the Office of Policy and Management and the Employee Review Board which form shall contain a statement of the date the alleged violation occurred and the relief sought in answer to the grievance. The first level designee shall give said designee's answer to such employee not later than seven calendar days from the date the grievance is submitted to said designee or not later than seven days from the date of a meeting convened for the purpose of reviewing the grievance, in which case such meeting shall be convened not later than seven calendar days from the date the grievance is submitted.
(i) The second level of the preliminary review procedure preparatory to the filing of an appeal from an alleged grievable action under subsection (a) of this section other than dismissal, demotion or suspension shall be the aggrieved employee's appointing authority or designated representative. Such employee, upon receiving a response at the first level which the employee deems to be unsatisfactory, may proceed to this level by presenting the same form containing the first level answers not later than seven calendar days from the date the answer was given at the first level. The appointing authority or designated representative shall answer such employee not later than seven calendar days from the date the grievance is received or not later than seven calendar days from the date of a meeting convened for the purpose of reviewing such grievance, in which case such meeting shall be convened not later than seven calendar days from the date such grievance is received.
(j) The third level of the preliminary review procedure preparatory to the filing of an appeal from an alleged grievable action under subsection (a) of this section including dismissal, demotion or suspension shall be the Secretary of the Office of Policy and Management or the secretary's designated representative. The employee, upon receiving a response at the second level which the employee deems to be unsatisfactory, may proceed to this level by presenting the same form containing the first and second level answers not later than seven calendar days from the date the answer was given at the second level, except in the case of a dismissal, demotion or suspension in which case such employee must present the form, completed but without answers at lower levels not later than thirty calendar days from the effective date of such action. The Secretary of the Office of Policy and Management or the secretary's designated representative shall reply to such employee not later than thirty calendar days from the date such grievance is received or not later than fifteen calendar days from the date of a meeting convened for the purpose of reviewing such grievance, in which case such meeting shall be convened not later than thirty calendar days from the date such grievance is received.
(k) Employees shall be entitled to have representation of their own choosing at any or all levels of the review or appeal procedure. No verbatim records shall be required in the preliminary procedure and no oaths or affirmations shall be administered.
(l) Any state officer or employee, as defined in section 4-141, or any appointing authority shall not take or threaten to take any personnel action against any state employee [or group of state employees] in retaliation for the filing of an appeal with the Employees' Review Board or a grievance with any level of the preliminary review procedure pursuant to this section. An employee [or group of employees] alleging that such action has been threatened or taken may file an appeal directly with the board not later than thirty days from knowledge of the specific incident giving rise to such claim.
(m) Either the Secretary of the Office of Policy and Management or any employee [or group of employees] aggrieved by a decision of the Employees' Review Board may appeal from such decision in accordance with section 4-183. The board may intervene as a party in any appeal of its decision. [Any employee or group of employees who prevails in a decision of the Employees' Review Board shall be entitled to recover court costs and reasonable attorney's fees if such decision is appealed by the Secretary of the Office of Policy and Management and affirmed by the court in such appeal.]
Sec. 177. Section 5-203 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Each appointment, transfer, promotion, demotion, dismissal, vacancy, change of salary rate, leave of absence, absence from duty or other temporary or permanent change in the status of any employee in the classified service shall be reported to the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management at such time, in such form and together with such supporting or other pertinent information as [he] the secretary prescribes.
Sec. 178. Section 5-204 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall compile currently and submit a report to the Governor, as provided in section 4-60, giving information as to the number of state employees, the number of employees in the classified service, salary expenditures, employee turnover and any other matters pertinent to personnel administration.
Sec. 179. Section 5-206 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Position classifications established by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall be listed in the appropriate records and publications of the [Department of Administrative Services] Office of Policy and Management in accordance with the following descriptive items: (1) The title and code given to the class; (2) the pay grade for the class; (3) a statement of the duties and responsibilities exercised by those employees holding positions allocated to the class, illustrated, when practicable, by examples of typical tasks; and (4) the minimum desirable qualifications required by an incumbent for the satisfactory performance of such duties and the satisfactory discharge of such responsibilities.
(b) In establishing new position classifications, the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall make a study of the schedules of compensation established for positions similar as to duties, responsibilities and qualifications in the state service, of the rates of compensation paid for similar services elsewhere and of any other pertinent information and data.
(c) The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management periodically shall review the work performed by employees in the classified service and shall issue such orders as are necessary to have such employees assigned to work in accordance with the classifications of their positions or to have their classifications changed to comply with their work, provided any employee, whose classification, status or compensation is affected, shall be given reasonable opportunity to be heard prior to the issuance of any such order.
(d) In no event shall the personnel classification of "auditor" be used in reference to personnel of any agency other than the Auditors of Public Accounts or the term "auditor's report" be used in reference to the reports of such personnel except that employees performing auditing functions for agencies other than the Auditors of Public Accounts may be so designated if the personnel classifications to which they are assigned are clearly distinguished from those of the Auditors of Public Accounts.
Sec. 180. Section 5-206a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall establish a job classification series for marital and family therapists licensed under chapter 383a and professional counselors licensed under chapter 383c.
Sec. 181. Section 5-207 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The classification titles or codes of positions in the classified service shall be used in all records and communications of the Office of Policy and Management, [the Department of Administrative Services,] the State Comptroller and the State Treasurer, in all estimates submitted to the General Assembly or Office of Policy and Management requesting the appropriation of money to pay for personal services, in documents or accounts relating to allotments and in all vouchers or payrolls relating to obligations for personal services.
Sec. 182. Section 5-208 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall establish compensation schedules or plans. For employees who are not members of any collective bargaining unit, [subject to the approval of the Secretary of the Office of Policy and Management] such schedules or plans shall consist of sufficient salary grades to provide compensation rates determined to be necessary or desirable for all classes assigned to each compensation schedule.
(b) When the compensation of a class is raised, the salary of each incumbent in such class who is not a member of any collective bargaining unit shall be increased by an amount at least equal to one step or five per cent, whichever is less, in the higher salary grade, except managerial employees' salaries shall be increased by an amount equal to five per cent, up to the maximum of the new salary grade.
Sec. 183. Section 5-208a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
No state employee shall be compensated for services rendered to more than one state agency during a biweekly pay period unless the appointing authority of each agency or [his] a designee certifies that the duties performed are outside the responsibility of the agency of principal employment, that the hours worked at each agency are documented and reviewed to preclude duplicate payment and that no conflicts of interest exist between services performed. No state employee who holds multiple job assignments within the same state agency shall be compensated for services rendered to such agency during a biweekly pay period unless the appointing authority of such agency or his designee certifies that the duties performed are not in conflict with the employee's primary responsibility to the agency, that the hours worked on each assignment are documented and reviewed to preclude duplicate payment, and that there is no conflict of interest between the services performed. Any dual employment arrangement that results in the necessity to pay overtime shall be approved in advance by the Secretary of the Office of Policy and Management.
Sec. 184. Section 5-209 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Any state employee, except an employee who has been designated managerial, who is assigned, by the employee's appointing authority, duties and responsibilities of a job classification higher than the class in which the employee is placed, which assignment has been approved by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management, and who works in such assignment on a continuous basis for a period of more than sixty working days, shall be compensated for such time in excess of sixty days at a rate in the higher class which shall not be less than one step in that class above the employee's existing rate of pay. Service in a higher classification under this section shall not constitute permanent status in such class.
Sec. 185. Section 5-209a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
[(a)] Any person who is employed in state service as a general worker for program support or technical services, as determined by the [Department of Administrative Services] Office of Policy and Management at the time of such employment, shall be credited with work experience equal to any time such person worked out of class performing work relevant to any full-time position in the state service for which such person subsequently applies. The amount of work experience for which such person is credited shall not be subject to appeal.
[(b) Any person who contests the amount of work experience for which such person is credited by a state agency pursuant to subsection (a) of this section shall be entitled to a hearing before a hearing officer of such agency. Such person may appeal any determination made by the hearing officer to the commissioner or other head of such agency. This subsection shall be governed by the provisions of chapter 54.]
Sec. 186. Section 5-210 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management may establish one or more state incentive plans for employees whose positions have been designated managerial or confidential. Annual salary increases or lump-sum payments for employees whose positions have been designated managerial or confidential may be based on annual performance appraisals made by agency heads or their designees in accordance with state incentive plans approved by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management. Such salary increases shall be in accordance with the provisions of the compensation schedule then in effect. Such employees shall receive an increase for "good" performance up to the position rate.
Sec. 187. Section 5-213 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Notwithstanding the provisions of section 5-212, each employee in the state service who has completed not less than ten years of state service and who is not included in any collective bargaining unit, except those employees whose compensation is prescribed by statute, shall receive a lump-sum longevity payment on the last regular pay day of April 2013, based on service completed as of the first day of September 2011, determined in accordance with the longevity rate schedule established for the employee's class of position by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management, except that a retired employee who retired between October 1, 2012, and March 31, 2013, inclusive, shall receive, in the month immediately following retirement, a prorated payment based on the proportion of the six-month period served prior to the effective date of the employee's retirement.
(b) No longevity payment shall be made to any employee in the state service who is not included in any collective bargaining unit, except those employees whose compensation is prescribed by statute, for service completed on or after April 1, 2013.
Sec. 188. Section 5-214 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Except in emergencies, natural disasters or for the purpose of qualifying for federal funding, no new position shall be created and no vacancies shall be filled in the classified service until the Secretary of the Office of Policy and Management has certified to the appointing authority that the position is necessary for carrying on the work of the state in an efficient and business-like manner and any necessary appropriation therefor has been made. [The Secretary of the Office of Policy and Management may delegate his duties under this section to the Commissioner of Administrative Services.]
Sec. 189. Section 5-215a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
When an appointing authority has received approval to fill a vacancy in any permanent position in the classified service, [is to be filled,] the appointing authority shall request the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management to provide a candidate list. The candidate list certified by the [commissioner] secretary shall contain the final earned rating of each candidate. The appointing authority shall fill the vacant position by selecting any candidate on the candidate list. In the event that fewer than five names are available on the candidate list to fill a position, the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management may authorize a new examination based on documented need. The appointing authority may fill the position from either the new or original candidate list in accordance with the provisions of this section.
Sec. 190. Section 5-216 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall hold examinations for the purpose of establishing candidate lists for the various classes of positions in the classified service, except as provided in section 5-227b. Such examinations may be held on a continuous basis or at such time or times as the [commissioner] secretary deems necessary to supply the needs of the state service. In establishing any candidate list following examinations, the [commissioner] secretary shall place on the list, in the order of their ratings, the names of persons who show they possess the qualifications which entitle them to be considered eligible for appointment when a vacancy occurs in any position allocated to the class for which such examination is held or for which such candidate list is held to be appropriate. Such ratings may take such form as the [commissioner] secretary deems appropriate to describe the performance of any candidate on any examination.
(b) Where the needs of the service indicate that continuous recruitment is justified, the [commissioner] secretary may defer announcing a closing date for filing applications for the [necessary] examination. Announcements of such examinations shall specify that recruitment is continuous and that applications may be filed until further notice. Such examination may be graded on a pass-fail basis in order to expedite certification and appointment.
(c) The [commissioner] secretary may consolidate, continue or cancel candidate lists and may remove names from such lists for good cause. The [commissioner] secretary may apply an examination score from one examination to the candidate list established for another examination, provided such examinations are the same or equivalent forms of the same examination, such provision is publicized on appropriate examination notices and the candidate satisfies all other statutory requirements.
Sec. 191. Section 5-217 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall specify, at the time any candidate list is promulgated, the period during which such list shall remain in force, [. In no case shall a candidate list remain in force for a period of less than six months or more than one year, unless the period is extended by the commissioner for a period not to exceed an additional two years, except for candidate lists for continuous recruitment examinations, which may be extended by the commissioner for a period not to exceed five years] provided such period may be extended by the secretary as appropriate based upon the needs of the state.
Sec. 192. Section 5-218 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) [The Commissioner of Administrative Services] Except for an examination that has been waived pursuant to section 5-227b, the Secretary of the Office of Policy and Management shall prepare lists of preliminary requirements and subjects of examination for positions in the classified service and publicize each such examination in such manner as the nature of the examination requires, including posting examination notices in state agencies in locations accessible to state employees at least [two weeks] one week prior to the application closing date. All competitive examinations shall be held at such times and places as in the judgment of the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management most nearly meet the convenience of applicants and needs of the service.
(b) The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall give public notice of such examinations for positions in the classified service at least two weeks in advance by posting, or causing to be posted, an appropriate notice on the bulletin board maintained in or near the quarters of the [Department of Administrative Services] Office of Policy and Management and on the Internet web site of the [department] office and by submitting the notice to the director of the state employment service. Such notice shall set forth [the time, place and general scope of the examination and shall contain appropriate information concerning the duties, work location, conditions, salary and requirements of the positions, and the examination procedures, including one arrangement of the weights to be given for the weighted parts of the examination if applicable, provided once such notice has been given, the weights established in the notice for the weighted parts of the examination shall not be altered in any manner] appropriate information concerning such examination.
Sec. 193. Section 5-219 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Examinations shall be in such form and of such character and shall relate to such matters as will fairly test and determine the qualifications, fitness and ability of the persons tested to perform the duties of the class or position to which they seek appointment. Examinations shall be formulated in cooperation with agencies appointing specific classes of employees and shall be competitive [, free and, except as otherwise expressly provided by statute,] and open to all persons who may be lawfully appointed to any position in the class for which examinations are held, with such limitations as to age, residence, health, habits, character, sex and qualifications as are considered desirable by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management and as are specified in the public announcement of the examination, provided no such limitation shall be made as to age or sex except in the case of a bona fide occupational qualification or need. Formal education requirements may be considered as a condition for the taking of such examinations. [Possession of a professional license or degree, or satisfactory completion of an accreditation, certificate or licensure program may serve as the sole basis for appointment, provided such credentials are a mandatory requirement for employment in a position.] Examinations may take the form of written or oral tests, demonstration of skill or physical ability, experience and training evaluation, or in the case of promotional examinations, evaluation of prior performance, or any other assessment device or technique deemed appropriate to measure the knowledge, skills or abilities required to successfully perform the duties of the job. All persons competing for placement on any one candidate list shall be administered the same or equivalent forms of the same examination or examination phases, except as necessary to comply with the federal Americans with Disabilities Act and section 4-61nn, and be required to achieve passing scores on each successive phase and for the examination as a whole in order to remain in competition. The provisions of this section shall be the sole determinant for qualification and no other examination shall be permitted by any agency head to further qualify persons seeking appointment except as authorized by the [commissioner] secretary.
Sec. 194. Section 5-219a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
[(a)] It shall be the policy of all state agencies to consider volunteer experience as partial fulfillment of training and experience requirements for state employment. The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall adopt regulations in accordance with the provisions of chapter 54 to implement such policy.
[(b) Each state agency shall include an analysis of personnel hirings for the preceding year in its annual report to the Governor. Such report shall indicate the extent to which volunteer experience was taken into account in determining the qualifications of applicants for state employment.]
Sec. 195. Section 5-220 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Examinations shall be conducted by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management or under his direction by an authorized agent. In giving examinations for positions in the classified service, the commissioner may obtain the assistance of persons not on the regular staff of the [Department of Administrative Services] Office of Policy and Management, either within or without the classified service. When such persons are in the state service, it shall be deemed a part of their official duty to act as examiners without extra compensation.
(b) Notwithstanding any other provision of this chapter to the contrary, the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management may fully or partially delegate to the heads of state agencies the authority to administer promotional programs for positions in state service subject to post audit by the [Department of Administrative Services] Office of Policy and Management. The delegation plan shall be approved by said [commissioner] secretary, shall provide for consideration of all eligible persons and shall include adequate notice of the vacancy or vacancies to all potentially eligible employees, the procedures for application and methods to be used to evaluate the qualifications of eligible persons.
Sec. 196. Section 5-221 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management may reject the application of any person for admission to an examination for establishing a candidate list for the classified service, or refuse to examine any applicant for such service, who (1) has been found to lack any of the established qualifications for the position for which [he] such applicant applies or for which [he] such applicant has been examined, [or who] (2) is physically or medically unfit to perform effectively the duties of the position in which he or she seeks employment, [or who] (3) is addicted to the habitual use of drugs or intoxicating liquors, [or who] (4) has been dismissed from the public service for delinquency, incompetency, misconduct or neglect of duty, or [who] (5) has made a false statement of any material fact or practiced or attempted to practice any deception or fraud in his or her application, in his or her examination or in securing his or her eligibility or appointment.
(b) The [commissioner] secretary may establish reasonable procedures concerning investigation of the character, reputation, experience and training of applicants.
Sec. 197. Section 5-221a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
[Within ten days of the receipt by an] An applicant for employment or an employee in the classified service [of a notice of rejection of his application for admission to an examination held for the purpose of establishing a candidate list for any position in the classified service, such applicant or employee] may appeal [such] the rejection of such applicant's or employee's application, in writing, to the [Commissioner of Administrative Services,] Secretary of the Office of Policy and Management not later than ten days of the mailing of such rejection notice by providing supplementary information on qualifications as may be necessary. [, and] Such applicant or employee may request a [hearing to] review of such rejection [. The commissioner shall appoint] by an independent human resource professional [to] who shall render a final decision on the applicant's or employee's appeal within thirty days thereafter.
Sec. 198. Section 5-223 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The final earned rating of each person who competes in and passes each phase of any examination shall be determined by the weighted average of the earned ratings on all phases of the examination, according to weights for each phase established by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management in advance of the giving of the examination and published as a part of the announcement of the examination.
Sec. 199. Section 5-225 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
All persons competing in any examination shall be given written notice of their final earned ratings and the minimum earned rating necessary to pass the examination. [Within] Not later than thirty days [of receipt] after the issuance of the final earned rating, a person who has not achieved a passing rating may inspect his or her papers, markings, background profiles and other items used in determining the final earned ratings, other than examination questions and other materials constituting the examination, subject to such regulations as may be issued by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management. [Within thirty] Not later than ten days [of] after inspecting his or her papers, a person may, in writing, appeal to the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management the accuracy of his or her final earned rating, as based on the original examination paper or responses. The [commissioner] secretary shall render a final decision on the person's appeal within thirty days thereafter and correct candidate lists as appropriate.
Sec. 200. Section 5-227 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
No person in the classified service or seeking admission thereto may be appointed, demoted or dismissed or be in any way favored or discriminated against because of his or her political opinions or affiliations or as the result of a discriminatory employment practice as defined in section 46a-51. No question in any application, questionnaire, examination or other evaluation form used in connection with carrying out the provisions of this chapter may relate to political or religious opinions or affiliations of any applicant or eligible person on any candidate or reemployment list established and maintained by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management.
Sec. 201. Section 5-227a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Whenever an employee's position in the classified service is reclassified, the promotion of the employee shall be made without examination provided: (1) The employee meets the minimum qualifications established by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management for the career progression level of the reclassified position; (2) the employee has maintained an adequate performance record and has received a satisfactory appraisal on his or her two most recent consecutive performance evaluations; (3) the employee has worked at his or her existing level in his or her current position for a minimum period of six months; and (4) the reclassified position is approved by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management.
Sec. 202. Section 5-227b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
[Whenever the number of applicants meeting the minimum qualifications for admission to an announced promotional examination is five or less, the Commissioner of Administrative Services may immediately certify as eligible for appointment the names of all such applicants to the appointing authority without further examination, provided such applicants have satisfactory service or performance ratings.]
(a) Examinations for positions may be waived by the Secretary of the Office of Policy and Management under any of the following conditions: (1) Where the possession of a professional license, degree or satisfactory completion of an accreditation, certificate or licensure program is a mandatory requirement for appointment or promotion to a position in state service; (2) where the appointment or promotion to a job classification that is utilized by a single state agency, is limited in number and has few vacancies in the professional or managerial series; or (3) when the qualifications for a position within the managerial class are so specialized or unique that an examination for a generic job classification would not result in a list of candidates possessing such qualifications and would not be cost effective.
(b) If the secretary has granted a waiver of examination in accordance with subsection (a) of this section, the secretary may delegate to a department head the authority to recruit for such position. A full or partial delegation may be granted to the department head under a delegation plan that shall be approved in advance by the secretary. Any such delegation plan shall (1) include standards for the posting of positions with a minimum time period of not less than one week; (2) specify the manner in which such notice shall be posted; and (3) specify the procedures for accepting and rejecting applicants for such waived examination based upon the minimum required qualifications. Where the department head has identified a candidate suitable for appointment and prior to making a formal or informal offer of employment, such department head shall submit the application, any supporting documentation for such candidate and the applications of such additional candidates such department head deems eligible for appointment to the secretary for certification that such preferred candidate has met the minimum qualifications of experience and training as set forth in the job specification. Once written certification is granted, the department head may make an offer of employment to the candidate certified by the secretary.
(c) All recruitments performed by a department head pursuant to this section shall be subject to post audit by the secretary.
Sec. 203. Section 5-228 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) When a vacancy in any permanent position in the classified service is to be filled, the appointing authority shall notify the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management of such fact, stating the title of the position to be filled. Vacancies in such positions shall be filled, so far as practicable and for the best interest of the state, by reemployment, as provided in subsection (b) of section 5-241, promotional appointments from within the agency and service-wide promotional appointments or transfers in accordance with regulations issued by the [commissioner] secretary. The appointing authority, with the approval of the [commissioner] secretary, shall decide whether a vacancy shall be filled by promotion from within the agency, from a state-wide employment list, transfer or, if such is not practicable, by original appointment.
(b) If a vacancy is to be filled by a promotional appointment from within the agency, the [commissioner] secretary shall certify to the appointing authority the names of all candidates from the agency in accordance with the provisions of section 5-215a, as amended by this act, or if an examination is waived, in accordance with provisions of section 5-227b, as amended by this act.
(c) If a vacancy is to be filled by promotion from a service-wide candidate list, the [commissioner] secretary shall certify to the appointing authority the names of all candidates on that candidate list in accordance with the provisions of section 5-215a, as amended by this act, or if an examination is waived, in accordance with the provisions of section 5-227b, as amended by this act.
(d) If a vacancy is to be filled by an original appointment, the [commissioner] secretary shall certify to the appointing authority the names of all candidates on that candidate list in accordance with the provisions of section 5-215a, as amended by this act, or if an examination is waived, in accordance with provisions of section 5-227b, as amended by this act.
(e) Appointees to any position in the classified service shall be required to serve the working test period provided for in this chapter. Any promotional appointee from within the agency who is dismissed from the position to which he or she was promoted during such working test period, or at the conclusion thereof, shall be restored to a position in the same class in which he or she had been employed prior to his or her promotion, provided there is a vacancy in such position. Any other appointee who was employed in the classified service prior to his or her appointment and who is dismissed from the position to which he or she was appointed during such working test period or at the conclusion thereof, shall be restored to a vacancy in the same class, or a vacancy in a comparable class or a vacancy in any other position the employee is qualified to fill, in the agency in which he or she had been employed prior to his or her appointment, or shall have his or her name placed on a reemployment list. [No appointing authority who has removed such an employee as provided in this section may exercise such right of removal again with respect to any other employee in the same position within three calendar months after such original removal, except with the consent of the commissioner.] No provision of this section shall be construed to prevent any employee in the unclassified service from competing for positions in the classified service. [if he possesses the minimum qualifications established by the commissioner, except that no such employee shall be eligible to compete in a promotional examination unless he has previous permanent status in classified service.] In the certification of names of persons eligible for appointment, sex shall be disregarded except when otherwise provided by statute or upon request of the appointing authority, subject to the approval of the [commissioner] secretary.
Sec. 204. Section 5-229 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
An appointing authority, upon receipt of a candidate list for any vacant position in the classified service or upon receiving the approval of the Secretary of the Office of Policy and Management in accordance with the provisions of section 5-227b, as amended by this act, shall appoint an eligible person from the list in accordance with the provisions of section 5-215a, as amended by this act, or 5-227b, as amended by this act, within a reasonable time fixed by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management, except that appointment of such an eligible person need not be made if the [commissioner] secretary, upon good cause shown, approves the request of an appointing authority that no appointment be made. Such appointment shall be effective on the date designated by the appointing authority.
Sec. 205. Section 5-230 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall establish appropriate working test periods of not less than three months nor more than one year for the various classes of positions. Within ten days preceding the termination of the working test period, and at such other times as the [commissioner requires] secretary deems appropriate, the appointing authority shall report to the [commissioner] secretary whether such employee is able and willing to perform his duties in a manner so as to merit permanent appointment. [The requirement as to such reports for positions involving unskilled or semiskilled labor or domestic, attending or other housekeeping and custodial service at institutions may be waived.] At any time during the working test period, after fair trial, the appointing authority may remove any employee if, in the opinion of such appointing authority, the working test indicates that such employee is unable or unwilling to perform his or her duties so as to merit continuance in such position and shall report [his action] such removal to the [commissioner] secretary. The name of any employee so removed, but who is considered by the [commissioner] secretary to be suitable for employment in some other department, agency or institution, may be restored to the candidate list if such list is active. For the purposes of this section, any employee who has served part of a working test period in a position in the classified service who is, pursuant to examination, appointed to, and serves part of a working test period in, a position in a higher classification in a field of work directly related to his or her prior position, from which new position he or she is dismissed, shall, at his or her option, be reappointed to the position which [he] such employee first had and his or her service in the working test period for such first position shall be deemed to include the time spent in the working test period for the higher position, provided there is a vacancy in such employee's prior position.
Sec. 206. Section 5-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
No person shall be required to be a resident of this state in order to be eligible to take any examination, or be eligible for appointment to the classified service, except that the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management may establish residence requirements for certain classes of positions when it is deemed to be in the best interests of the state.
Sec. 207. Section 5-233 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
For positions involving unskilled and semiskilled labor or for positions involving domestic, attending or other housekeeping and custodial services at state institutions or agencies or for other similar classes where the character of the work, or the place of work, makes it impracticable to secure at stated times a sufficient number of applicants to supply the needs of the service, or where it is impracticable to examine and secure such persons from candidate lists with sufficient promptness to supply the needs of the service, the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management may establish procedures which will permit the registration and, in [his] the secretary's discretion, the examination of applicants, singly or in groups, at such times and places as meet the convenience of applicants and needs of the service, without public notice as required in this chapter.
Sec. 208. Section 5-234 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management may provide by [regulation] regulations adopted in accordance with the provisions of chapter 54, for the appointment, with or without examination, of qualified persons in a class in which the incumbent serves for not more than three years in the class as part of an established training program. Any person so appointed to a professional or preprofessional training class may, upon successful completion of the required minimum working test period and training program, be reclassified to a position in the next higher level class for which the training program is established. The provisions of this section shall not apply to sections 5-224 and 7-415 concerning the veterans preference.
Sec. 209. Section 5-235 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) [When a candidate list provided under section 5-215a contains fewer than five candidates, in] In order to facilitate the carrying on of public business or avoid inconvenience to the public, but not otherwise, the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management may authorize the filling of the position at once by provisional appointment, [pending the establishment of a] provided there are no individuals on the reemployment or candidate list. Any such provisional appointment shall continue only until [a reemployment or candidate list for such position is established and, in no case, for a period exceeding a total of six months] an appropriate recruitment is made for the filling of such position in accordance with section 5-233, as amended by this act. No person shall receive more than one provisional appointment or serve more than six months as a provisional appointee in any one fiscal year.
(b) When, by reason of the pressure of work, an appointing authority determines that an extra position in the classified service should be temporarily established for a period of not more than six months, such appointing authority shall so notify the [commissioner] secretary, stating the cause therefor, the probable length of time the extra position will be required, the duties to be performed and the salary to be paid. When, in the judgment of the [commissioner] secretary such an extra position should be established, [he] the secretary shall authorize the temporary appointment of a qualified person, with or without competitive examinations. Temporary appointments to extra positions shall, as far as practicable, be made from reemployment and candidate lists. No such appointments shall be authorized for a period of more than six months and such appointments shall not be renewed within any fiscal year.
(c) An appointing authority or any subordinate authorized by him, to facilitate the carrying on of public business or avoid loss or serious inconvenience to the public, when an emergency arises which will not permit the securing of eligible persons, may appoint any qualified person during such emergency for a period of not more than two months. Persons so appointed shall be known as emergency employees. Appointing authorities shall report to the [commissioner] secretary all emergency appointments and such appointments shall not be renewed.
(d) The [commissioner] secretary may establish unskilled and semiskilled positions, as [defined] described in section 5-233, as amended by this act, or, by competitive examination, candidate lists of eligible persons who are available for employment on an intermittent basis and either the administrator of the Unemployment Compensation Act or the Commissioner of Revenue Services may appoint persons to such positions or from such lists to perform intermittent services as may be required. Persons so employed shall be known as intermittent employees and shall be compensated on an hourly rate basis as prescribed by the [Commissioner of Administrative Services, subject to the approval of the] Secretary of the Office of Policy and Management. Intermittent employees shall not be considered permanent employees and shall receive only such rights and benefits applicable to other state employees as may be expressly prescribed by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management. Such intermittent employees who meet eligibility requirements shall be admitted to promotional examinations and be placed on candidate lists pursuant to this chapter.
Sec. 210. Subsection (a) of section 5-236 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) An appointing authority, in his or her discretion, may request from the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management a list of eligible candidates for a position exempt from the classified service and may appoint an employee from such a list.
Sec. 211. Section 5-237 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The [Commissioner of Administrative Services shall issue] Secretary of the Office of Policy and Management shall issue adopt, in accordance with the provisions of chapter 54, such regulations for the administration of such service rating system as the [commissioner shall deem] secretary deems practicable. Such service ratings shall be used in determining salary and wage increases and decreases within the limits provided by statute and within the limits of the schedules of compensation, as a means of discovering employees in the classified service who, by reason of their unsatisfactory service, ought to be demoted or dismissed. Reports of service ratings or of information to be used as a basis for service ratings shall not be required for any employee or group of employees more often than once in three months without the consent of the appointing authorities. Any employee in the classified service shall have the right, at reasonable times during office hours, to inspect his service ratings, as shown by the records of the [Department of Administrative Services] Office of Policy and Management or of the department, agency or institution in which such employee is employed.
(b) Notwithstanding the provisions of subsection (a) of this section, the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall provide for the administration of a performance appraisal system as the [commissioner] secretary deems practical for employees whose positions have been designated as managerial, except in the Legislative and Judicial Departments. Such performance appraisals shall be used in determining managerial compensation in accordance with the provisions of subsection (d) of section 5-210, as amended by this act, and shall be required periodically as determined by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management.
Sec. 212. Section 5-238 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The [Commissioner of Administrative Services shall issue] Secretary of the Office of Policy and Management shall adopt regulations, in accordance with the provisions of chapter 54, for establishing and maintaining uniform and equitable hours of work required of all employees in the Executive Department. [, which regulations shall be approved by the Secretary of the Office of Policy and Management.] The number of hours any employee shall be required to be on duty each day or in any week or month shall be uniform for all whose positions are allocated to the same class unless specifically otherwise provided by action of the [commissioner] secretary and recorded in his office, together with the reason for each such exception, but the hours for different classes may be different. A copy of such regulations, when issued, shall be furnished to each department, agency or institution for the guidance of appointing authorities and their employees. Where work requirements cannot be met by the establishment of regular work schedules, the [commissioner] secretary may designate positions or classes as unscheduled, provided, over a period of not more than eight weeks, no employee serving in a position designated as unscheduled shall average more than five workdays and thirty-five hours per week per period.
Sec. 213. Section 5-239 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall provide by [regulation] regulations adopted in accordance with the provisions of chapter 54 for the transfer of employees from a position of a given class to another position in the same or a comparable class either within the same department, agency or institution or from one department, agency or institution to another. The [commissioner] secretary shall also provide by regulation for the periodical or occasional transfer of employees for a period not exceeding six months, to bring about the better distribution of persons in the service, to effect economies, to make available extra stenographic, clerical, messenger or other service needed for short periods or to provide training sought by employees or required by appointing authorities. When any department, agency or institution needs additional employees for a short period, it shall notify the [commissioner] secretary, who shall so far as possible arrange for the temporary assignment of such additional employees on the basis of a temporary transfer. No person shall be transferred from a position in the unclassified service to a position in the classified service unless the person is eligible for selection from a candidate list in accordance with the provisions of section 5-215a, as amended by this act.
Sec. 214. Section 5-239a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management may establish procedures for the assignment of permanent state employees of the executive branch, including institutions of higher education encompassing technical and junior colleges as well as four-year colleges and universities, to a federal agency, to the office of the court monitor at the Department of Children and Families established in accordance with the terms of the consent decree entered in the case of Juan F. v. O'Neill, United States District Court, Docket No. H-89-859 (D. Conn. January 7, 1991), to any municipality of the state or to institutions of higher education, including private as well as public institutions and technical and junior colleges as well as four-year colleges and universities, provided that the assignment meets with the written approval of the appointing authorities of the agencies and institutions involved in the assignment of the employee. State employees may only be assigned to such agencies and institutions with their personal consent. Assignments may be made for a period of up to two years and renewed once for an additional two years, provided any assignment of an employee to the court monitor at the Department of Children and Families shall not be subject to such durational time limits and may remain effective until December 31, 2007. An employee on such assignment may be deemed to be on detail to a regular work assignment of his or her agency or institution and entitled to full salary and benefits and all rights and privileges for his class or position. Employees of a federal agency or any municipality of the state or institutions of higher education, including private as well as public institutions and technical and junior colleges as well as four-year colleges and universities, on assignment with an agency of the executive branch of state government shall serve under appointment made without regard to provisions of the general statutes regarding appointment in the classified service. The cost of any salary and benefits may be shared by the jurisdiction or be paid entirely by one or the other and shall be subject to negotiation between the agencies or institutions cooperating on the assignment. Once the agencies or institutions have agreed upon the assignment and all terms and conditions for the assignment, it shall be put into effect by a written agreement and submitted to the [Commissioner of Administrative Services and the] Secretary of the Office of Policy and Management for approval.
Sec. 215. Subsection (c) of section 5-240 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(c) An appointing authority may dismiss any employee in the classified service when the authority considers the good of the service will be served thereby. A permanent employee shall be given written notice of such dismissal at least two weeks in advance of the employee's dismissal, except as hereinafter provided, and a copy of the same shall be filed with the Secretary of the Office of Policy and Management or the secretary's designated representative. Such notice shall set forth the reasons for dismissal in sufficient detail to indicate whether the employee was discharged for misconduct, incompetence or other reasons relating to the effective performance of the employee's duties and shall be prepared in such form and given in such manner as the Secretary of the Office of Policy and Management prescribes. The Secretary of the Office of Policy and Management may provide by regulation for the waiving of advance notice in cases of serious misconduct by an employee affecting the public, the welfare, health or safety of patients, inmates or state employees or the protection of state property. Such regulation shall provide for written notice to a permanent employee who has attained permanent status and shall not preclude whatever rights any employee may have to appeal. The name of any such employee dismissed for incompetence or other reasons relating to the effective performance of the employee's duties shall be immediately removed from the eligible list in the [office of the Commissioner of Administrative Services] Office of Policy and Management. No appointing authority shall pay any dismissed employee notice period pay or any other separation pay at a rate that exceeds the dismissed employee's rate of compensation, at the time of dismissal, for two weeks, or the amount of notice period provided for in an applicable collective bargaining agreement.
Sec. 216. Subsection (b) of section 5-241 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) An appointing authority desiring to lay off an employee shall give him not less than two weeks' notice in writing, stating the reason for such action, except that in the case of an employee, as defined in section 5-196, as amended by this act, who is not covered by a collective bargaining agreement and who has been in the classified service for (1) at least five but not more than ten years, the appointing authority shall provide at least four weeks' notice, (2) more than ten but not more than fifteen years, the appointing authority shall provide at least six weeks' notice, (3) more than fifteen years, the appointing authority shall provide at least eight weeks' notice. A copy of such notice shall immediately be forwarded to the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management. The [commissioner] secretary shall arrange to have the employee transferred to a vacancy in the same or a comparable class or in any other position the employee is qualified to fill in any department, agency or institution. If there is no vacancy available or the employee refuses to accept the transfer, the [commissioner] secretary shall cause the name of such employee to be placed on the reemployment list for the appropriate class for which [he] such employee has attained permanent status or has the ability to qualify, as determined by the [commissioner] secretary. During the period [he] the employee is entitled to remain on the reemployment list, such an employee shall be rehired in the classification from which he or she was laid off or for which he is qualified, as vacancies occur, in the reverse order of layoff. Any employee who is rehired from a reemployment or other employment list into a classification he or she had prior status in shall not be required to complete a new working test period, as defined in subdivision [(1)] (27) of section 5-196, as amended by this act.
Sec. 217. Section 5-243 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Resignations from the classified service [and reemployment] of former state employees who have retired [but who have not reached the mandatory retirement age] shall be subject to regulations issued by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management, in accordance with the provisions of chapter 54, but shall not be required to serve a working test period as defined in section 5-196, as amended by this act, if reemployed in a position in which they had previously held permanent status.
Sec. 218. Section 5-244 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
When an employee has become physically or mentally incapable of, or unfit for, the efficient performance of the duties of his position, by reason of infirmities due to advanced age or other disability, the appointing authority shall recommend to the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management that the employee be transferred to less arduous duties or separated from state service in good standing. Any employee who has retired from state service and is reemployed within one year from the date of his or her retirement shall be eligible to repay the entire amount received as payment for sick leave and restore the amount of sick leave accrued as of the date of such former employee's retirement. Such payment shall be made in a lump sum not later than thirty days of the date of his or her reemployment. If such payment is not received within thirty days, the employee shall forfeit the right to a reinstatement of sick leave.
Sec. 219. Section 5-245 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Any state employee who performs work authorized by his appointing authority for a period in addition to the hours of the employee's regular, established workweek shall receive compensation as follows: (1) For that portion of such additional time worked which when added to the employee's regular, established workweek does not exceed forty hours, the employee shall be compensated at an hourly rate based on [his] the employee's annual salary; (2) for that portion of such additional time worked which when added to the employee's regular, established workweek exceeds forty hours, the employee shall be compensated at a rate equal to one and one-half times an hourly rate based on his annual salary.
(b) The provisions of this section shall not be applied with respect to any employee employed in (1) an executive, administrative or professional capacity as such terms may be defined and delimited from time to time by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management, or (2) a position or class which has been designated as unscheduled by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management, or (3) a position the regular work schedule of which requires rotating shifts as approved by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management and recorded in [his] the secretary's office, which schedule shall not average more than five work days per week over a period of not more than eight weeks.
(c) Any person serving in a position referred to in subdivision (2) or (3) of subsection (b) of this section who performs work authorized by [his] such person's appointing authority for a period in addition to his or her average workweek shall receive compensation as follows: (1) For those hours worked in any one workweek which are additional to his regularly scheduled hours for such week and which, when added to the employee's average workweek, do not exceed forty hours, the employee shall be compensated at an hourly rate based on [his] the employee's annual salary; (2) for those hours worked in any one workweek which are additional to [his] the employee's regularly scheduled hours for such week and which, when added to the employee's average workweek, exceed forty hours, the employee shall be compensated at a rate equal to one and one-half times an hourly rate based on [his] the employee's annual salary, provided nothing in this section in conflict with section 5-246, as amended by this act, shall be construed to apply to any member of the state police.
(d) Any employee whose position is subject to the federal Fair Labor Standards Act shall receive any additional compensation for overtime which may be required by the provisions of said act.
(e) The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall disseminate such information and establish such procedure as may be necessary for the efficient administration of this section.
Sec. 220. Subsection (b) of section 5-246 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) A state policeman employed in an executive, administrative or professional capacity as defined under the provisions of subsection (b) of section 5-245, as amended by this act, who performs work authorized by the Commissioner of Emergency Services and Public Protection in addition to the hours of his regular workweek as established by the commissioner shall be granted equivalent time off with pay, except that the provisions of this subsection with respect to such work performed on and after August 3, 1983, shall not apply to the commissioner and the deputy commissioner. Equivalent time off with pay granted to a state police officer of the rank of lieutenant or above for work authorized on and after June 8, 1984, shall be taken in accordance with the provisions of the management personnel policy concerning compensatory time adopted by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management.
Sec. 221. Section 5-247 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Each appointing authority shall grant, on account of illness or injury, to each full-time employee in a permanent position in the state service who has furnished satisfactory proof of such illness or injury, such sick leave with pay as has accrued to his credit at the rate of one and one-quarter working days for each completed calendar month of continuous full-time service which may be computed on an hourly basis. Hourly computation of sick leave shall not diminish benefit entitlement. [On or before October 1, 1980, the Commissioner of Administrative Services] The Secretary of the Office of Policy and Management shall adopt regulations, in accordance with chapter 54, concerning the accrual, prorating and granting of sick leave with pay to other employees in the state service and extending sick leave with pay or with part pay for longer periods to full-time permanent employees disabled through illness or injury. A general worker employed in a position by the Department of Developmental Services as a self-advocate, not to exceed eleven such general workers, shall be eligible for prorated sick leave, in accordance with regulations adopted pursuant to this section. Each such employee who retires under the provisions of chapter 66 shall be compensated, effective as of the date of his retirement, at the rate of one-fourth of such employee's salary for sick leave accrued to his credit as of his last day on the active payroll up to a maximum payment equivalent to sixty days' pay. Such payment for accumulated sick leave shall not be included in computing retirement income and shall be charged by the State Comptroller to the department, agency or institution in which the employee worked.
(b) Any state employee who resigns from state service in good standing and who is reemployed within one year from the date of his resignation shall be credited with the amount of sick leave accrued to his credit on the effective date of his resignation.
(c) Sick leave accruals earned by employees in the unclassified service, in accordance with administrative practice or internal departmental regulations similar to those governing the classified service, prior to June 30, 1967, and which can be verified by written attendance records and which have not been used, remain to the credit of such employees for use for the purpose for which they were granted or for payment on retirement, as provided in subsection (a) of this section, as the case may be.
(d) Any state employee who is collecting sick leave benefits under the provisions of this section shall not be otherwise employed on a full-time basis during the sick leave period. Sick leave benefits shall be denied for any day, during such period, on which any such employee performs full-time employment for another employer. The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall adopt regulations, in accordance with the procedures of chapter 54, to enforce the requirements of this subsection.
Sec. 222. Subsection (a) of section 5-248 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) An appointing authority may, with the approval of the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management, grant a leave of absence with full pay, part pay or without pay, subject to the regulations issued by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management, to any employee in the classified service for a period not exceeding one year. Such leave may be extended beyond one year by an appointing authority, provided such action shall be approved by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management. In the granting of a leave of absence without pay, the appointing authority shall notify the employee and the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management whether the position will be held awaiting the employee's return or whether reinstatement will be dependent upon whether or not a suitable vacancy is available. A leave of absence with full or part pay may be granted only for educational purposes in order to enable an employee to study or receive technical training which will increase his proficiency in his position or for such other purpose as may be specified by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management to be in the best interests of the state.
Sec. 223. Subsections (e) and (f) of section 5-248 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(e) When any employee has been on authorized leave of absence without his position being held and is ready to report for duty when a position is available, the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall refer the name of the employee to an appointing authority for possible reinstatement to a position in a class in which the employee has attained permanent status. The employee may be reinstated at the discretion of the appointing authority, provided no other employee has rights to the position pursuant to subsection (b) of section 5-241, as amended by this act.
(f) Any agency may reinstate, without examination, any employee who has resigned in good standing and has withdrawn his resignation within one year to positions in classes in which he has attained permanent status. A classified employee with at least five years of state service appointed to an unclassified position may be granted a leave of absence without pay from the classified service for such length of time as he shall hold such appointive position. Such leave of absence shall be approved by the Secretary of the Office of Policy and Management and shall be renewed every two years.
Sec. 224. Section 5-248b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
[On or before July 1, 1988, the Commissioner of Administrative Services] The Secretary of the Office of Policy and Management shall adopt regulations, in accordance with the provisions of chapter 54, which establish procedures and guidelines necessary to implement the provisions of section 5-248a, as amended by this act, including but not limited to procedures for the periodic reporting by state agencies to the [commissioner] secretary of their current experience with leaves of absence taken pursuant to said section. [Such regulations may be adopted by the commissioner prior to July 1, 1988, but may not take effect prior to that date.]
Sec. 225. Section 5-248c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The [Commissioner of Administrative Services, in conjunction with the] Secretary of the Office of Policy and Management [,] shall implement a voluntary schedule reduction program under which permanent state employees may, with the approval of their appointing authority, take unpaid leave consisting of individual prescheduled days or partial days off, without loss of seniority, benefits, longevity, retirement credit, sick leave, vacation or earned overtime accumulation.
(b) Any unpaid leave taken pursuant to this section shall not be construed to affect an employee's qualifications for exemption under chapter 558.
(c) The [Commissioner of Administrative Services, in conjunction with the] Secretary of the Office of Policy and Management [,] may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.
Sec. 226. Section 5-248i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall, within available appropriations, develop and implement guidelines, in cooperation with interested employee organizations, as defined in subsection (d) of section 5-270, authorizing telecommuting and work-at-home programs for state employees. Such guidelines shall be designed to achieve the following goals: (1) Increase worker efficiency and productivity; (2) benefit the environment; and (3) reduce traffic congestion. The guidelines of the telecommuting or work-at-home program and determination of whether an employment position is appropriate for such program shall not be subject to collective bargaining under the provisions of chapter 68.
(b) Any employee of a state agency may be authorized either by the head of such state agency or, for any employee of the legislative branch, by the executive director of the Joint Committee on Legislative Management, or his or her designated representative, to participate in a telecommuting or work-at-home assignment. Approval of such assignment may be granted only where it is determined to be in compliance with the guidelines developed pursuant to subsection (a) of this section. Any assignment shall be on a temporary basis only, and may be terminated as required by agency operating needs. Each state agency shall provide the [Department of Administrative Services] Office of Policy and Management with a copy of any telecommuting or work-at-home program arrangement that it authorizes for any employee of such agency.
(c) The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall include in the annual report required under section 5-204, as amended by this act, the extent of use by employees of the programs provided pursuant to subsections (a) and (b) of this section.
Sec. 227. Subsections (a) and (b) of section 5-250 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Each appointing authority shall grant to each full-time employee in a permanent position in the state service, who has worked at least one full calendar year, an annual vacation with pay of twenty-one consecutive calendar days or its equivalent. Each such employee who has completed twenty years of service shall be entitled to one day for each additional year up to twenty-five years of service, and each such employee with twenty-five or more years of service shall be entitled to not more than twenty days' vacation, subject to regulations issued by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management. The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management may adopt regulations, in accordance with the provisions of chapter 54, concerning the accrual, prorating and granting of vacation leave with pay as required. Computation of such vacation leave may be made on an hourly basis. Hourly computation of vacation leave shall not diminish benefit entitlement.
(b) An appointing authority may permit a full-time permanent employee in the state service to accumulate vacation days with pay up to a maximum of one hundred twenty vacation days, subject to regulations issued by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management.
Sec. 228. Section 5-251 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Any state employee receiving compensation benefits in accordance with section 5-142 or 5-143 shall continue to accrue sick leave credits as provided in section 5-247 and vacation credits as provided in section 5-250, as amended by this act, for the first twelve months of any such period of compensation in accordance with regulations issued by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management.
Sec. 229. Subsection (a) of section 5-254 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Each full-time permanent employee in the state service shall be granted time off with pay for any legal holiday. A general worker employed in a position by the Department of Developmental Services as a self-advocate, not to exceed eleven such general workers, shall be granted time off with pay for any legal holiday that falls on a day that the general worker is regularly scheduled to work and provided the pay shall be for the number of hours the general worker would have been scheduled to work. If a legal holiday falls on a Saturday, employees shall be granted equivalent time off on the Friday immediately preceding such Saturday or given another day off in lieu thereof. The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management may issue regulations governing the granting of holiday time to other employees in the state service in accordance with the provisions of chapter 54. [, which regulations shall be approved by the Secretary of the Office of Policy and Management.]
Sec. 230. Section 5-255 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Any employee who leaves or had left the state service for the purpose of entering the armed forces of the United States shall be reinstated in [his] such employee's former position and duties, provided, [within] not later than ninety days after [he] such employee has received a certificate of satisfactory service from the armed forces, [he makes or has made application] such employee applies or has applied for return to the state service. The terms of employment in the service of the state shall be construed to include, in the case of such employee, the period of [his] such employee's leave from state service. The appointing authority of any state agency in which such employee is reinstated shall certify in writing to the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management that such employee is able and qualified to perform the work required and that there is work available for him or her. In considering the factor of availability of work, the state shall replace by the returning employee any employee, junior in service, who was employed for the purpose of filling the position vacated by such returning employee. This section shall not apply to any state employee who because of voluntary reenlistment has been absent from such state service for a period of more than three years in addition to war service or compulsory service and the ninety-day period [hereinbefore] provided for in this subsection. In no event shall the benefits provided under this section be less than those required under any applicable federal law, including the Uniformed Services Employment and Reemployment Rights Act, 38 USC Sections 4301 to 4333, inclusive.
(b) The term of employment in the service of the state shall be construed to include, in the case of a veteran, the term of war service of such veteran, and all records of the state which show the length of service in the employment of the state of any such veteran shall be maintained so as to show the length of such war service and the total of such employment service and war service.
Sec. 231. Section 5-256 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The term of employment in state service shall be construed to include, in the case of a county employee taken into state service pursuant to the express provisions of the general statutes, or in the case of a former county employee who subsequently was appointed to a position in the state service, or in the case of a former clerical employee in a county agricultural extension office when such service was sponsored by the county farm bureau or county agricultural extension council who subsequently was appointed in the state service, or in the case of a former employee of a bookstore at a state college or other state institution of higher education, the operation and management of which has been assumed by the state, and who subsequently was appointed to a position in the state service, the term of his county service or extension office service or state college bookstore service or bookstore service at any other state institution of higher education on an equivalent basis, upon receipt of data satisfactory to the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management showing the time such employee worked for such county or extension office or state college bookstore service or bookstore service at any other state institution of higher education. All records of the state which show the length of service in the employment of the state of any such former county or extension office or state college bookstore or bookstore of any other state institution of higher education employee shall be maintained to show the length of such county or extension office or state college bookstore service or bookstore service at any other state institution of higher education and the total of state service and county or extension office or state college bookstore service or bookstore service at any other state institution of higher education.
(b) The term of employment in state service shall be construed to include, in the case of a Hartford Bridge Authority employee taken into state service pursuant to the express provisions of the general statutes, the term of his service with the Hartford Bridge Authority on an equivalent basis, upon receipt of data satisfactory to the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management showing the time such employee worked for such bridge authority. All records of the state which show the length of service in the employment of the state of any such former bridge authority employee shall be maintained to show the length of such bridge authority service and the total of state service and bridge authority service.
(c) The term of employment in state service shall be construed to include, in the case of an employee or part-time or intermittent employee of a state, municipal, city, police, justice or traffic court taken into state service in the Circuit Court, the term of his service with such state, municipal, city, police, justice or traffic court on an equivalent basis, upon receipt of data satisfactory to the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management showing the time such employee worked for such state, municipal, city, police, justice or traffic court. All records of the state which show the length of service in the employment of the state of any such former state, municipal, city, police, justice or traffic court employee shall be maintained to show the length of such former service and the total of state service and state, municipal, city, police, justice or traffic court service.
Sec. 232. Section 5-265 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Departments, agencies and institutions, subject to regulations issued by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management, may enter into agreements with educational institutions for special training courses for state employees and may enter into agreements with the federal government or other state governments for exchange of employees.
Sec. 233. Section 5-266c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall issue such regulations as are necessary and appropriate for administration of sections 5-266a to 5-266d, inclusive, in accordance with the provisions of chapter 54.
Sec. 234. Section 5-266d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
If, upon the complaint of any citizen of the state, the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management finds that any employee in the classified service has violated any provision of sections 5-266a to [5-266d] 5-266a, inclusive, and this section, said [commissioner] secretary may dismiss such employee from state service. If [said commissioner] the secretary finds that the violation does not warrant removal, [he] the secretary may impose a penalty on such employee of suspension from [his] such employee's position without pay for not less than thirty days or more than six months. Any employee aggrieved by any action of the [commissioner] secretary under the provisions of this section may appeal as provided in section 5-202.
Sec. 235. Subsection (d) of section 5-272 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(d) Nothing herein shall diminish the authority and power of the Employees' Review Board, the [Department of Administrative Services] Office of Policy and Management or any state agency established by statute, charter or special act to establish, conduct and grade merit examinations and to rate candidates in order of their relative excellence from which appointments or promotions may be made to positions in the competitive division of the classified service of the state served by the [Department of Administrative Services] Office of Policy and Management. The establishment, conduct and grading of merit examinations, the rating of candidates and the establishment of lists from such examinations and the appointments from such lists shall not be subject to collective bargaining.
Sec. 236. Section 10a-20 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Notwithstanding the provisions of any general statute or special act to the contrary, the selection, appointment, assignment of duties, amount of compensation, sick leave, vacation, leaves of absence, termination of service, rank and status of the individual members of the respective professional staffs of the system of higher education shall be under the sole jurisdiction of the respective boards of trustees within available funds. Each constituent board shall annually submit to the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management a list of the positions which it has included within the professional staff.
Sec. 237. Section 10a-108 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The board of trustees shall appoint a president of the university. Said president shall be the chief executive and administrative officer of the university and of the board of trustees. Said president shall carry out the policies and enforce the rules adopted by the board of trustees and shall have the authority necessary therefor. The board of trustees may employ the faculty and other personnel needed to operate and maintain the institutions under its jurisdiction. Within the limitation of appropriations, the board of trustees shall fix the compensation of such personnel, establish terms and conditions of employment and prescribe their duties and qualifications. Said board shall determine who constitutes its professional staff and establish compensation and classification schedules for its professional staff. The board shall annually submit to the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management a list of the positions which it has included within the professional staff.
Sec. 238. Subsection (e) of section 12-802 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(e) The Connecticut Lottery Corporation shall be a successor employer to the state and shall recognize existing bargaining units and collective bargaining agreements existing at the time of transfer of the lottery to the corporation. The employees of the corporation shall be considered state employees under the provisions of sections 5-270 to 5-280, inclusive. The corporation shall not be required to comply with personnel policies and procedures of the [Department of Administrative Services and the] Office of Policy and Management with regard to approval for the creation of new positions, the number of such positions, the decision to fill such positions or the time for filling such positions. The corporation, not the executive branch, shall have the power to determine whether an individual is qualified to fill a vacancy at the corporation. Nonmanagerial employees of the corporation shall be members of the classified service. Managerial employees shall be exempt from the classified service. The corporation shall have the ability to determine the qualifications and set the terms and conditions of employment of managerial employees including the establishment of incentive plans.
Sec. 239. Subsection (b) of section 13a-95c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) (1) After the first two projects performed with contracts authorized pursuant to section 13a-95b, the Commissioner of Transportation shall perform all development and inspection work, as described in subsection (a) of this section, using department employees. The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall place the positions required for this work on continuous recruitment pursuant to the provisions of section 5-216, as amended by this act. In addition, employees may be appointed to durational positions to reduce the need for inspection or development work to be performed by consultants. Such employees may be appointed as engineers if they have met the education, knowledge and training requirements required by the [Department of Administrative Services] Office of Policy and Management job classification to durational positions without examination to reduce the need for inspection or development work to be performed by consultants. Any contract entered into with a consultant for the initial project bid in accordance with section 13a-95b shall contain a provision that provides for training the employees of the Department of Transportation in the process for bidding and managing projects entered into in accordance with section 13a-95b.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, there shall be a transition period during which the Commissioner of Transportation may authorize the continued use of consultants if necessary to complete contracts authorized pursuant to section 13a-95b. During this period, the commissioner shall make all reasonable efforts to perform development and inspection work as described in subsection (a) of this section using, where such employees are available, department employees and reducing, and where possible eliminating, the dependency on outside consultants. The authority granted by this subsection to use consultants on contracts entered into pursuant to section 13a-95b shall be subject to a termination date which shall be the earlier of (A) the date that the Governor transmits to the joint standing committee of the General Assembly having cognizance of matters relating to transportation a letter certifying that the use of consultants is no longer necessary to complete projects authorized pursuant to section 13a-95b, or (B) January 1, 2019. This authority shall not continue beyond such termination date unless affirmatively reauthorized by the action of both houses of the General Assembly.
Sec. 240. Section 15-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Harbor masters shall receive a salary to be determined by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management, subject to the provisions of section 4-40, as amended by this act, and shall be reimbursed for necessary expenses incurred in the performance of their duties.
Sec. 241. Subsection (a) of section 15-120mm of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The authority shall be a successor employer to the state and shall recognize existing bargaining units and collective bargaining agreements existing at the time of transfer of Bradley and the general aviation airports to the authority. The employees of the authority shall be considered state employees under the provisions of sections 5-270 to 5-280, inclusive. Managerial employees and other employees not covered by a collective bargaining agreement shall be exempt from the classified service. With regard to unclassified positions, the authority shall not be required to comply with personnel policies and procedures of [the Department of Administrative Services and] the Office of Policy and Management with regard to approval for the creation of new positions, the number of such positions, the decision to fill such positions or the time for filling such positions. The authority, not the executive branch, shall have the power to determine whether an individual is qualified to fill an unclassified position at the authority. Employees of the authority covered by a collective bargaining agreement shall be members of the classified service. The authority shall establish classifications and determine the qualifications and set the terms and conditions of employment of employees not covered by a collective bargaining agreement, including the establishment of compensation and incentive plans.
Sec. 242. Subsection (d) of section 16-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(d) The directors of the authority shall serve full time and shall make full public disclosure of their assets, liabilities and income at the time of their appointment, and thereafter each member of the authority shall make such disclosure on or before July thirtieth of each year of such member's term, and shall file such disclosure with the office of the Secretary of the State. Each director shall receive annually a salary equal to that established for management pay plan salary group seventy-five by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management, except that the chairperson shall receive annually a salary equal to that established for management pay plan salary group seventy-seven.
Sec. 243. Subsections (c) and (d) of section 16-2a of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(c) The Office of Consumer Counsel shall be under the direction of a Consumer Counsel, who shall be appointed by the Governor with the advice and consent of either house of the General Assembly. The Consumer Counsel shall be an elector of this state and shall have demonstrated a strong commitment and involvement in efforts to safeguard the rights of the public. The Consumer Counsel shall serve for a term of five years unless removed pursuant to section 16-5. The salary of the Consumer Counsel shall be equal to that established for management pay plan salary group seventy-one by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management. No Consumer Counsel shall, for a period of one year following the termination of service as Consumer Counsel, accept employment by a public service company, a certified telecommunications provider or an electric supplier. No Consumer Counsel who is also an attorney shall in any capacity, appear or participate in any matter, or accept any compensation regarding a matter, before the Public Utilities Regulatory Authority, for a period of one year following the termination of service as Consumer Counsel.
(d) The Consumer Counsel shall hire such staff as necessary to perform the duties of said Office of Consumer Counsel and may employ from time to time outside consultants knowledgeable in the utility regulation field including, but not limited to, economists, capital cost experts and rate design experts. The salaries and qualifications of the individuals so hired shall be determined by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management pursuant to section 4-40, as amended by this act.
Sec. 244. Subsection (b) of section 17b-650a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) The department head shall be the Commissioner of Rehabilitation Services, who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, and shall have the powers and duties described in said sections. The Commissioner of Rehabilitation Services shall appoint such persons as may be necessary to administer the provisions of public act 11-44 and the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall fix the compensation of such persons in accordance with the provisions of section 4-40, as amended by this act. The commissioner may create such sections within said department as will facilitate such administration, including a disability determinations section for which one hundred per cent federal funds may be accepted for the operation of such section in conformity with applicable state and federal regulations.
Sec. 245. Section 17b-739 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Whenever the state (1) constructs, acquires or receives as a gift any office building which accommodates three hundred or more state employees, or (2) alters, repairs or makes additions to an existing state building which accommodates three hundred or more employees and such alterations, repairs or additions affect at least twenty-five per cent of the square footage of such building, the Department of Construction Services shall notify the Department of Social Services. The Department of Social Services, with the assistance of the [Department of Administrative Services] Office of Policy and Management, shall determine the need for child care services for the employees in such building and other potential participants. If a demonstrated need for child care exists for thirty or more children of such employees and other potential participants and such care is unavailable, the Department of Construction Services shall set aside adequate space for child care facilities in such building. If openings occur for other potential participants in such a child care facility, priority for such openings shall be given to families at or below seventy-five per cent of the state's median income. Such facilities shall meet all state licensure requirements. The provisions of this section shall not apply to correctional institutions.
Sec. 246. Subsection (a) of section 18-85 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The Commissioner of Correction, after consultation with the [Commissioner of Administrative Services and the] Secretary of the Office of Policy and Management, shall establish a schedule of compensation for services performed on behalf of the state by inmates of any institution or facility of the department. Such schedule shall recognize degrees of merit, diligence and skill in order to encourage inmate incentive and industry.
Sec. 247. Subsection (d) of section 19a-32g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(d) Peer review committee members may receive compensation from the Stem Cell Research Fund, established pursuant to section 19a-32e, for reviewing grant-in-aid applications submitted by eligible institutions pursuant to subsection (c) of this section. The rate of compensation shall be established by the Commissioner of Public Health in consultation with the [Department of Administrative Services and the] Office of Policy and Management.
Sec. 248. Section 19a-186a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
Any individual employed on June 30, 2010, as a regional emergency medical services coordinator or as an assistant regional emergency medical services coordinator shall be offered an unclassified durational position within the Department of Public Health for the period from July 1, 2010, to June 30, 2011, inclusive, provided no more than five unclassified durational positions shall be created. Within available appropriations, such unclassified durational positions may be extended beyond June 30, 2011. The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall establish job classifications and salaries for such positions in accordance with the provisions of section 4-40, as amended by this act. Any such created positions shall be exempt from collective bargaining requirements and no individual appointed to such position shall have reemployment or any other rights that may have been extended to unclassified employees under a State Employees' Bargaining Agent Coalition agreement. Individuals employed in such unclassified durational positions shall be located at the offices of the Department of Public Health. In no event shall an individual employed in an unclassified durational position pursuant to this section receive credit for any purpose for services performed prior to July 1, 2010.
Sec. 249. Section 19a-404 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The Chief Medical Examiner shall be a citizen of the United States and a doctor of medicine licensed to practice medicine in Connecticut and shall have had a minimum of four years postgraduate training in pathology and such additional subsequent experience in forensic pathology as the commission may determine, provided any person otherwise qualified who is not licensed to so practice may be appointed Chief Medical Examiner, provided he or she obtains such a license within one year of his or her appointment. The Commission on Medicolegal Investigations shall submit recommendations concerning the Chief Medical Examiner's salary and annual increments to such salary to the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management for review and approval pursuant to section 4-40, as amended by this act. The Chief Medical Examiner's term of office shall be fixed by the commission and the Chief Medical Examiner may be removed by the commission only for cause. Under the direction of the commission, the Chief Medical Examiner shall prepare for transmission to the Secretary of the Office of Policy and Management as required by law estimates of expenditure requirements. The Chief Medical Examiner shall account to the State Treasurer for all fees and moneys received and expended by him or her by virtue of his or her office. The Chief Medical Examiner may as part of his or her duties teach medical and law school classes, conduct special classes for police investigators and engage in other activities related to the work of the office to such extent and on such terms as may be authorized by the commission.
Sec. 250. Section 19a-405 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The Chief Medical Examiner, with the approval of the Commission on Medicolegal Investigations, shall appoint a deputy who shall perform all the duties of the Chief Medical Examiner in case of his or her sickness or absence and such associate medical examiners, assistant medical examiners, pathologists, toxicologists, laboratory technicians and other professional staff as the commission may specify. The commission in advance of appointments shall specify the qualifications required for each position in terms of education, experience and other relevant considerations. The commission shall submit recommendations concerning (1) the Deputy Chief Medical Examiner's salary and annual increments to such salary, and (2) the salaries and compensation of other professional staff to the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management for review and approval pursuant to section 4-40, as amended by this act. The Chief Medical Examiner, the Deputy Chief Medical Examiner, associate medical examiners, and assistant medical examiners shall take the oath provided by law for public officers. Other staff members as determined by the commission shall be appointed by the Chief Medical Examiner, subject to the provisions of chapter 67 and the rules of the commission not inconsistent therewith.
Sec. 251. Subsection (b) of section 22-81 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) Notwithstanding the provisions of any general statute or special act to the contrary, the selection, appointment, assignment of duties, amount of compensation, sick leave, vacation, leaves of absence, termination of service, rank and status of the individual members of the station staff shall be under the sole jurisdiction of the board of control of the station within available funds. Said board shall determine who constitutes the professional staff of the station and shall establish a compensation and classification schedule for the professional staff. Said board shall annually submit to the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management a list of the positions which it has included within the professional staff.
Sec. 252. Section 23-39 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The compensation of district and deputy fire wardens, trained firefighters organized in accordance with rules issued by the State Forest Fire Warden and such laborers as said warden finds it necessary to employ shall be fixed by said warden on an hourly basis, subject to the approval of the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management. Volunteer fire companies may be compensated in accordance with section 23-36. The chief of the fire department in any town, city or borough who receives a regular salary shall be paid no additional compensation when acting as a fire warden. District fire wardens shall prepare their bills for services rendered by them and by the personnel and automobiles and other apparatus employed or used by them in extinguishing fires. The chief of any volunteer fire company may prepare bills for services rendered by said company and by the personnel and automobiles and other apparatus employed or used by them in extinguishing forest fires, if said company is allowed by town ordinance to receive payment for such bills. Such bills shall be on a form prescribed by the State Forest Warden and shall be submitted to the State Forest Fire Warden within one month after the services have been rendered, and, if found correct and approved by said warden, shall be ordered paid by the State Comptroller. A copy of each bill so paid on account of any fire within a city, as provided in section 23-36, shall be sent by the State Forest Fire Warden to the city treasurer of the city in which the fire occurred, except bills for which a railroad company is liable under the provisions of section 23-42, and, on or before the tenth day of December in each year, such city treasurer shall draw the treasurer's order in favor of the State Treasurer for the full amount of such bills submitted during the twelve months next preceding. The State Forest Fire Warden may forgive such bills if the state would incur administrative costs in collecting the debt owed that would exceed the actual debt owed. Bills for expenses incurred or services rendered by district or deputy wardens in the performance of duties other than fire fighting shall be submitted to the State Forest Fire Warden on or before the tenth day of December and the tenth day of June in each year. Upon approval by the State Forest Fire Warden, such bills shall be ordered paid by the State Comptroller from any sums available for the expenses of the State Forest Fire Warden. All fire warden bills authorized by sections 23-37, 23-38, 23-40 to 23-42, inclusive, and this section shall show in detail the amount and character of the services performed, the exact duration thereof and all disbursements made by such wardens.
Sec. 253. Subsection (b) of section 28-6 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) Personnel of such civil preparedness units or forces, while engaged in officially authorized civil preparedness duty under this section, shall: (1) If they are employees of the state, have the powers, duties, rights, privileges and immunities and receive the compensation incident to their employment; (2) if they are employees of a political subdivision of the state, and whether serving within or without such political subdivision, have the powers, duties, rights, privileges and immunities and receive the compensation incident to their employment; and (3) if they are not employees of the state or a political subdivision thereof, be entitled to such compensation from the state as is determined by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management under the provisions of section 4-40, as amended by this act, and to the same rights and immunities as are provided by law for the employees of this state, provided in no instance shall such compensation be determined at a rate less than the minimum wage as determined by the Labor Commissioner. All personnel of mobile support units shall, while on duty, be subject to the operational control of the authority in charge of civil preparedness activities in the area in which they are serving.
Sec. 254. Subsection (e) of section 29-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(e) Salaries of the members of the Division of State Police within the Department of Emergency Services and Public Protection shall be fixed by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management as provided in section 4-40, as amended by this act. State police personnel may be promoted, demoted, suspended or removed by the commissioner, but no final dismissal from the service shall be ordered until a hearing has been had before [said commissioner] the Commissioner of Emergency Services and Public Protection on charges preferred against such officer. Each state police officer shall, before entering upon such officer's duties, be sworn to the faithful performance of such duties. The Commissioner of Emergency Services and Public Protection shall designate an adequate patrol force for motor patrol work exclusively.
Sec. 255. Section 31-103 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The board shall, on or before July 1, 1973, and quadrennially thereafter, appoint an agent, who shall be the representative of the board, for a term of four years at an annual salary to be set by the board, subject to the approval of [the Commissioner of Administrative Services and] the Secretary of the Office of Policy and Management in accordance with the provisions of section 4-40, as amended by this act. Said agent may be removed by the board for cause shown in public hearing, after the agent has been given a copy of the charges made and has had an opportunity to answer such charges. The board may fill any vacancy in this office by appointment for the unexpired term. Said agent shall diligently investigate any complaints referred to him by the board and any other violations of this chapter that come to his attention. If the agent finds reasonable ground for any complaint or considers that there has been a violation of this chapter, he shall issue, and cause to be served upon the person complained of, a petition stating the charges and containing a notice of a hearing before the board at the time and place therein fixed, to be held not less than seven days after the service of such complaint. If the agent considers that there has been no violation of this chapter, he shall report in writing to the board, stating fully his reasons and recommendations. In any civil or criminal case, any preliminary proceeding to such case, or any legislative or administrative proceeding, the agent or assistant agent shall not disclose any confidential communication made to him in the course of his duties under any of the statutes administered by the board, unless the party making such communication waives such privilege.
(b) There shall be established the full-time position of legal counsel for the State Board of Labor Relations. On or before October 1, 1977, and quadrennially thereafter, the board shall appoint said counsel for a term of four years, at an annual salary to be set by the board subject to the approval of [the Commissioner of Administrative Services and] the Secretary of the Office of Policy and Management in accordance with the provisions of section 4-40, as amended by this act. Said counsel may be removed by the board for cause shown in public hearing, after said counsel has been given a copy of the charges made and has an opportunity to answer such charges. The board may fill any vacancy in this office by appointment for the unexpired term. Notwithstanding the provisions of section 3-125, said counsel shall represent the State Board of Labor Relations in court on all matters in which the board is a party or is interested, or in which the official acts or doings of said board are called in question, investigate legal questions for the board, and aid in the preparation of decisions. Said counsel shall also represent the State Board of Mediation and Arbitration in all matters involving collective bargaining rights of state employees. The board shall designate the agent appointed under subsection (a) of this section or any assistant agent who is an attorney to serve as assistant counsel as it deems necessary.
Sec. 256. Subsection (a) of section 31-237c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The board shall consist of three members appointed by the Governor, one of whom shall be designated by the Governor as chairman of the board of review. Notwithstanding the provisions of subdivision (4) of section 5-198, as amended by this act, such chairman shall be in the classified service and shall devote full time to the duties of his office. Such chairman shall be chosen by the Governor from a list of names submitted to him by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management pursuant to the provisions of subsection (d) of section 5-228. The other two members appointed to serve during the appointing Governor's term of office shall be a representative of employers and a representative of employees and shall devote full time to the duties of their offices. The members of the board representing employers and employees shall be selected as such representatives based upon previous vocation, employment or affiliation. A member of the board may be removed by the Governor for cause.
Sec. 257. Subsection (a) of section 31-237e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The members of the board, the chief referee and the referees of the state shall each be paid from the Employment Security Administration Fund a salary to be determined by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management pursuant to section 4-40, as amended by this act, provided the chief referee shall receive a salary greater than the salary paid to a referee and the chairman of the board shall receive a salary greater than the salary paid to the chief referee. Expenses incurred in the discharge of their duties of office by the chairman and members of the board, the chief referee, and the referees shall be reimbursed in accordance with regulations established for state employees by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management.
Sec. 258. Subsection (a) of section 31-280 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There shall continue to be a chairman of the Workers' Compensation Commission selected by the Governor as provided in section 31-276. The chairman may not hear any matter arising under this chapter, except appeals brought before the Compensation Review Board and except as provided in subdivision (14) of subsection (b) of this section. The chairman shall prepare the forms used by the commission, shall have custody of the insurance coverage cards, shall prepare and keep a list of self-insurers, shall prepare the annual report to the Governor and shall publish, when necessary, bulletins showing the changes in the compensation law, with annotations to the Connecticut cases. The chairman shall be provided with sufficient staff to assist him in the performance of his duties. The chairman may, within available appropriations, appoint acting compensation commissioners on a per diem basis from among former workers' compensation commissioners or qualified members of the bar of this state. Any acting compensation commissioner appointed under this subsection shall be paid on a per diem basis in an amount to be determined by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management, subject to the provisions of section 4-40, as amended by this act, and shall have all the powers and duties of compensation commissioners. The Workers' Compensation Commission shall not be construed to be a commission or board subject to the provisions of section 4-9a.
Sec. 259. Subsection (a) of section 32-1c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) In addition to any other powers, duties and responsibilities provided for in this chapter, chapter 131, chapter 579 and section 4-8 and subsection (a) of section 10-409, the commissioner shall have the following powers, duties and responsibilities: (1) To administer and direct the operations of the Department of Economic and Community Development; (2) to report annually to the Governor, as provided in section 4-60; (3) to conduct and administer the research and planning functions necessary to carry out the purposes of said chapters and sections; (4) to encourage and promote the development of industry and business in the state and to investigate, study and undertake ways and means of promoting and encouraging the prosperous development and protection of the legitimate interest and welfare of Connecticut business, industry and commerce, within and outside the state; (5) to serve, ex officio as a director on the board of Connecticut Innovations, Incorporated; (6) to serve as a member of the Committee of Concern for Connecticut Jobs; (7) to promote and encourage the location and development of new business in the state as well as the maintenance and expansion of existing business and for that purpose to cooperate with state and local agencies and individuals both within and outside the state; (8) to plan and conduct a program of information and publicity designed to attract tourists, visitors and other interested persons from outside the state to this state and also to encourage and coordinate the efforts of other public and private organizations or groups of citizens to publicize the facilities and attractions of the state for the same purposes; (9) to advise and cooperate with municipalities, persons and local planning agencies within the state for the purpose of promoting coordination between the state and such municipalities as to plans and development; (10) by reallocating funding from other agency accounts or programs, to assign adequate and available staff to provide technical assistance to businesses in the state in exporting, manufacturing and cluster-based initiatives and to provide guidance and advice on regulatory matters; (11) to aid minority businesses in their development; (12) to appoint such assistants, experts, technicians and clerical staff, subject to the provisions of chapter 67, as are necessary to carry out the purposes of said chapters and sections; (13) to employ other consultants and assistants on a contract or other basis for rendering financial, technical or other assistance and advice; (14) to acquire or lease facilities located outside the state subject to the provisions of section 4b-23; (15) to advise and inform municipal officials concerning economic development and collect and disseminate information pertaining thereto, including information about federal, state and private assistance programs and services pertaining thereto; (16) to inquire into the utilization of state government resources and coordinate federal and state activities for assistance in and solution of problems of economic development and to inform and advise the Governor about and propose legislation concerning such problems; (17) to conduct, encourage and maintain research and studies relating to industrial and commercial development; (18) to prepare and review model ordinances and charters relating to these areas; (19) to maintain an inventory of data and information and act as a clearinghouse and referral agency for information on state and federal programs and services relative to the purpose set forth herein. The inventory shall include information on all federal programs of financial assistance for defense conversion projects and other projects consistent with a defense conversion strategy and shall identify businesses which would be eligible for such assistance and provide notification to such business of such programs; (20) to conduct, encourage and maintain research and studies and advise municipal officials about forms of cooperation between public and private agencies designed to advance economic development; (21) to promote and assist the formation of municipal and other agencies appropriate to the purposes of this chapter; (22) to require notice of the submission of all applications by municipalities and any agency thereof for federal and state financial assistance for economic development programs as relate to the purposes of this chapter; (23) with the approval of the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management, to reimburse any employee of the department, including the commissioner, for reasonable business expenses, including but not limited to, mileage, travel, lodging, and entertainment of business prospects and other persons to the extent necessary or advisable to carry out the purposes of subdivisions (4), (7), (8) and (11) of this subsection and other provisions of this chapter; (24) to assist in resolving solid waste management issues; (25) (A) to serve as an information clearinghouse for various public and private programs available to assist businesses, (B) to identify specific micro businesses, as defined in section 32-344, whose growth and success could benefit from state or private assistance and contact such small businesses in order to (i) identify their needs, (ii) provide information about public and private programs for meeting such needs, including, but not limited to, technical assistance, job training and financial assistance, and (iii) arrange for the provision of such assistance to such businesses; (26) to enhance and promote the digital media and motion picture industries in the state; (27) by reallocating funding from other agency accounts or programs, to develop a marketing campaign that promotes Connecticut as a place of innovation; and (28) by reallocating funding from other agency accounts or programs, to execute the steps necessary to implement the knowledge corridor agreement with Massachusetts to promote the biomedical device industry.
Sec. 260. Subsections (b) and (c) of section 46a-52 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) Except as provided in section 46a-57, the members of the commission shall serve without pay, but their reasonable expenses, including educational training expenses and expenses for necessary stenographic and clerical help, shall be paid by the state upon approval of the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management. Not later than two months after appointment to the commission, each member of the commission shall receive a minimum of ten hours of introductory training prior to voting on any commission matter. Each year following such introductory training, each member shall receive five hours of follow-up training. Such introductory and follow-up training shall consist of instruction on the laws governing discrimination in employment, housing, public accommodation and credit, affirmative action and the procedures of the commission. Such training shall be organized by the managing director of the legal division of the commission. Any member who fails to complete such training shall not vote on any commission matter. Any member who fails to comply with such introductory training requirement within six months of appointment shall be deemed to have resigned from office. 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.
(c) On or before July 15, 1989, the commission shall appoint an executive director who shall be the chief executive officer of the Commission on Human Rights and Opportunities to serve for a term expiring on July 14, 1990. Upon the expiration of such term and thereafter, the executive director shall be appointed for a term of four years. The executive director shall be supervised and annually evaluated by the commission. The executive director shall serve at the pleasure of the commission but no longer than four years from July fifteenth in the year of his or her appointment unless reappointed pursuant to the provisions of this subsection. The executive director shall receive an annual salary within the salary range of a salary group established by the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management for the position. The executive director (1) shall conduct comprehensive planning with respect to the functions of the commission; (2) shall coordinate the activities of the commission; and (3) shall cause the administrative organization of the commission to be examined with a view to promoting economy and efficiency. In accordance with established procedures, the executive director may enter into such contractual agreements as may be necessary for the discharge of the director's duties.
Sec. 261. Section 46a-68a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The commission may issue a certificate of noncompliance if the affirmative action plan required by section 46a-68 is disapproved.
(b) The issuance of a certificate of noncompliance shall bar the agency, department, board or commission in noncompliance with section 46a-68 from filling a position or position classification by hire or promotion upon receipt of the certificate, the provisions of any state law or regulation to the contrary notwithstanding, until: (1) The commission determines that the agency has achieved compliance with section 46a-68 and withdraws the certificate; or (2) the commission, at a hearing requested by the agency, department, board or commission receiving the certificate and conducted by a presiding officer appointed by the chairperson of the commission, is unable to show cause why the certificate of noncompliance should not be rescinded or a court, upon appeal, so determines; or (3) the [Commissioner of Administrative Services and the] Secretary of the Office of Policy and Management [certify] certifies to the commission that the agency in noncompliance with section 46a-68 requires immediate filling of the vacancy because failure to fill the position or position classification will cause an emergency situation to exist jeopardizing the public welfare. A separate certificate of exemption shall be required for each vacancy in a position or position classification with respect to which the [Commissioner of Administrative Services and the] Secretary of the Office of Policy and Management [certify] certifies that an emergency situation exists.
(c) Hearings under this section shall be conducted in accordance with sections 4-176e to 4-182, inclusive.
(d) The commission shall adopt regulations in accordance with chapter 54 to implement this section.
Sec. 262. Subsection (d) of section 46a-70 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(d) The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall insure that the entire examination process, including qualifications appraisal, is free from bias.
Sec. 263. Subsection (d) of section 46a-81h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(d) The [Commissioner of Administrative Services] Secretary of the Office of Policy and Management shall insure that the entire examination process, including qualifications appraisal, is free from bias.
Sec. 264. Subdivision (2) of subsection (b) of section 51-278 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(2) On and after July 1, 1985, the Chief State's Attorney, deputy chief state's attorneys, state's attorneys, assistant state's attorneys and deputy assistant state's attorneys shall receive salaries in accordance with a compensation plan approved by the [Department of Administrative Services] Office of Policy and Management.
Sec. 265. Subsection (a) of section 51-279 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The Chief State's Attorney, with the advice of the Division of Criminal Justice Advisory Board under section 51-279a, shall administer, direct, supervise, coordinate and control the operations, activities and programs of the division as it shall apply to the Superior Court. He shall: (1) Establish such bureaus, divisions, facilities and offices, including an appellate unit, a racketeering and continuing criminal activities unit and a bond forfeiture unit, and select such professional, technical and other personnel, including chief inspectors, as he deems reasonably necessary for the efficient operation and discharge of the duties of the division, subject to the personnel policies and compensation plan established by the Department of Administrative Services; (2) adopt and enforce rules and regulations to carry out the purposes of this chapter; (3) establish guidelines, policies and procedures for the internal operation and administration of the division which shall be binding on all division personnel; (4) enter into contracts with consultants and such other persons as are necessary for the proper functioning of the office; (5) engage in long-range planning and review policy and legislation concerning the administration of criminal justice in the state and recommend needed changes and additions thereto; (6) collect statistical data concerning administration of criminal justice in the state and furnish the data to the appropriate committee of the General Assembly; (7) conduct research and evaluate programs within his office; (8) establish staff development, training and education programs designed to improve the quality of the division's services and programs; (9) coordinate the activities of the division with those of such other state, municipal, regional, federal and private agencies as are concerned with the administration of criminal justice; (10) be authorized to receive and administer funds from the federal government or any charitable foundation to assist in the operations of the division; (11) supervise, approve and issue all orders concerning all purchases of commodities, equipment and services for the Division of Criminal Justice; (12) supervise the administrative methods and systems employed in the Division of Criminal Justice; (13) submit to the [Department of Administrative Services] Office of Policy and Management for its approval a compensation plan for all employees of the division, which plan may include sick leave, vacation leave, absences without pay, longevity payments, increments and all other matters regarding personnel policies and procedures; (14) establish with the approval of the [Department of Administrative Services] Office of Policy and Management such job classifications as he deems necessary for the operation of the division; (15) audit bills to be paid from state appropriations for the expenses of the Division of Criminal Justice; (16) maintain adequate accounting and budgetary records for all appropriations by the state for the maintenance of the Division of Criminal Justice and all other appropriations assigned by the legislature or state budgetary control offices for administration by the Division of Criminal Justice; (17) serve as payroll officer for the Division of Criminal Justice; and (18) have such other powers and duties as are reasonably necessary to administer the division and implement the purposes of this chapter. He shall prepare and submit to the Office of Policy and Management estimates of appropriations necessary for the maintenance of the division and make recommendations with respect thereto for inclusion as a separate item in the budget request of the Division of Criminal Justice.
Sec. 266. Subsection (a) of section 52-261 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Except as provided in subsection (b) of this section and section 52-261a, each officer or person who serves process, summons or attachments shall receive a fee of not more than thirty dollars for each process served and an additional fee of thirty dollars for the second and each subsequent service of such process, except that such officer or person shall receive an additional fee of ten dollars for each subsequent service of such process at the same address or for notification of the office of the Attorney General in dissolution and postjudgment proceedings if a party or child is receiving public assistance. Each such officer or person shall also receive the fee set by the [Department of Administrative Services] Office of Policy and Management for state employees for each mile of travel, to be computed from the place where such officer or person received the process to the place of service, and thence in the case of civil process to the place of return. If more than one process is served on one person at one time by any such officer or person, the total cost of travel for the service shall be the same as for the service of one process only. Each officer or person who serves process shall also receive the moneys actually paid for town clerk's fees on the service of process. Any officer or person required to summon jurors by personal service of a warrant to attend court shall receive for the first ten miles of travel while so engaged, such mileage to be computed from the place where such officer or person receives the process to the place of service, twenty-five cents for each mile, and for each additional mile, ten cents. For summoning any juror to attend court otherwise than by personal service of the warrant, such officer or person shall receive only the sum of fifty cents and actual disbursements necessarily expended by such officer or person in making service thereof as directed. Notwithstanding the provisions of this section, for summoning grand jurors, such officer or person shall receive only such officer's or person's actual expenses and such reasonable sum for services as are taxed by the court. The following fees shall be allowed and paid: (1) For taking bail or bail bond, one dollar; (2) for copies of writs and complaints, exclusive of endorsements, one dollar per page, not to exceed a total amount of nine hundred dollars in any particular matter; (3) for endorsements, forty cents per page or fraction thereof; (4) for service of a warrant for the seizure of intoxicating liquors, or for posting and leaving notices after the seizure, or for the destruction or delivery of any such liquors under order of court, twenty dollars; (5) for the removal and custody of such liquors so seized, reasonable expenses, and twenty dollars; (6) for the levy of an execution, when the money is actually collected and paid over, or the debt or a portion of the debt is secured by the officer, fifteen per cent on the amount of the execution, provided the minimum fee for such execution shall be thirty dollars; (7) on the levy of an execution on real property and on application for sale of personal property attached, to each appraiser, for each half day of actual service, reasonable and customary expenses; (8) for causing an execution levied on real property to be recorded, fees for travel, twenty dollars and costs; (9) for services on an application for the sale of personal property attached, or in selling mortgaged property foreclosed under a decree of court, the same fees as for similar services on executions; (10) for committing any person to a community correctional center, in civil actions, twenty-one cents a mile for travel, from the place of the court to the community correctional center, in lieu of all other expenses; and (11) for summoning and attending a jury for reassessing damages or benefits on a highway, three dollars a day. The court shall tax as costs a reasonable amount for the care of property held by any officer under attachment or execution. The officer serving any attachment or execution may claim compensation for time and expenses of any person, in keeping, securing or removing property taken thereon, provided such officer shall make out a bill. The bill shall specify the labor done, and by whom, the time spent, the travel, the money paid, if any, and to whom and for what. The compensation for the services shall be reasonable and customary and the amount of expenses and shall be taxed by the court with the costs.
Sec. 267. Subsection (c) of section 54-124a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(c) The chairperson and five of the members of the board appointed by the Governor on or after February 1, 2008, to serve on parole release panels shall devote full time to the performance of their duties under this section and shall be compensated therefor in such amount as the [Commissioner of Administrative Services] Secretary of the Office of Policy and Management determines, subject to the provisions of section 4-40, as amended by this act. The other members of the board shall receive one hundred ten dollars for each day spent in the performance of their duties and shall be reimbursed for necessary expenses incurred in the performance of such duties. The chairperson or, in the chairperson's absence or inability to act, a member designated by the chairperson to serve temporarily as chairperson, shall be present at all meetings of the board and participate in all decisions thereof.
Sec. 268. Subsection (d) of section 46a-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(d) The commission may issue a complaint if: (1) An affirmative action plan filed pursuant to section 46a-68 is in violation of any of the provisions of [section 4-61u or 4-61w,] sections 46a-54 to 46a-64, inclusive, section 46a-64c or sections 46a-70 to 46a-78, inclusive; or (2) an agency, department, board or commission fails to submit an affirmative action plan required under section 46a-68.
Sec. 269. Section 4 of public act 12-166 is repealed. (Effective from passage)
Sec. 270. Sections 19a-724, 19a-724a and 19a-724b of the general statutes are repealed. (Effective from passage)
Sec. 271. Sections 2-120, 2-121, 2-122, 4-61t, 4-61u, 4-61v, 4-61w, 4-124uu, 4b-1c, 4b-102, 5-199c, 5-226f, 5-237b, 5-238b, 10-394, 10-397, 10-397a, 10-397b, 17b-420, 27-117, 27-128, 27-138b, 27-138c, 27-138d, 29-1s, 46a-1, 46a-4, 46a-4b, 46a-5, 46a-68a, 46a-126, 46a-128, 46a-129, 46a-130, 46a-131, 46a-131a, 46a-131b, 51-344a and subdivision (93) of section 12-412 of the general statutes are repealed. (Effective July 1, 2013)
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
from passage |
38a-1080 |
Sec. 2 |
from passage |
38a-1081 |
Sec. 3 |
from passage |
38a-1082(a) |
Sec. 4 |
from passage |
38a-1083 |
Sec. 5 |
from passage |
38a-1084 |
Sec. 6 |
from passage |
38a-1088(a) |
Sec. 7 |
from passage |
38a-1089(a) |
Sec. 8 |
from passage |
38a-1090 |
Sec. 9 |
from passage |
New section |
Sec. 10 |
from passage |
19a-725 |
Sec. 11 |
from passage |
PA 11-53Section 14 |
Sec. 12 |
from passage |
3-123ddd(d) |
Sec. 13 |
from passage |
3-123hhh(b) |
Sec. 14 |
July 1, 2013 |
22a-471 |
Sec. 15 |
July 1, 2013 |
12-170d |
Sec. 16 |
July 1, 2013 |
49-41 |
Sec. 17 |
July 1, 2013 |
31-2d |
Sec. 18 |
July 1, 2013 |
4b-1b |
Sec. 19 |
July 1, 2013 |
4a-1 |
Sec. 20 |
July 1, 2013 |
4a-2 |
Sec. 21 |
July 1, 2013 |
4-5 |
Sec. 22 |
July 1, 2013 |
4-38c |
Sec. 23 |
July 1, 2013 |
4a-1a |
Sec. 24 |
July 1, 2013 |
4-256(a) |
Sec. 25 |
July 1, 2013 |
4a-57d(a) |
Sec. 26 |
July 1, 2013 |
4a-62(b) |
Sec. 27 |
July 1, 2013 |
4a-100(k) and (l) |
Sec. 28 |
July 1, 2013 |
4b-3(d) |
Sec. 29 |
July 1, 2013 |
4b-23 |
Sec. 30 |
July 1, 2013 |
4b-24(4) |
Sec. 31 |
July 1, 2013 |
4b-36 |
Sec. 32 |
July 1, 2013 |
4b-52 |
Sec. 33 |
July 1, 2013 |
4b-62 |
Sec. 34 |
July 1, 2013 |
4b-66a(a) |
Sec. 35 |
July 1, 2013 |
4b-76 |
Sec. 36 |
July 1, 2013 |
4b-136(a) |
Sec. 37 |
July 1, 2013 |
4d-90(a) |
Sec. 38 |
July 1, 2013 |
4e-8 |
Sec. 39 |
July 1, 2013 |
5-142(a) |
Sec. 40 |
July 1, 2013 |
10-264h |
Sec. 41 |
July 1, 2013 |
10-285b(a) |
Sec. 42 |
July 1, 2013 |
10-292 |
Sec. 43 |
July 1, 2013 |
16-50j(h) |
Sec. 44 |
July 1, 2013 |
16-50jj |
Sec. 45 |
July 1, 2013 |
22a-354i(b) |
Sec. 46 |
July 1, 2013 |
29-201 |
Sec. 47 |
July 1, 2013 |
29-232 |
Sec. 48 |
July 1, 2013 |
29-233 |
Sec. 49 |
July 1, 2013 |
29-312 |
Sec. 50 |
July 1, 2013 |
29-315a |
Sec. 51 |
July 1, 2013 |
31-57c(c) |
Sec. 52 |
July 1, 2013 |
31-390 |
Sec. 53 |
from passage |
3-13c |
Sec. 54 |
from passage |
27-138 |
Sec. 55 |
July 1, 2014 |
New section |
Sec. 56 |
July 1, 2013 |
36a-42 |
Sec. 57 |
July 1, 2013 |
New section |
Sec. 58 |
July 1, 2013 |
4b-1 |
Sec. 59 |
July 1, 2013 |
4b-51(a) |
Sec. 60 |
July 1, 2013 |
4b-55 |
Sec. 61 |
July 1, 2013 |
4b-56 |
Sec. 62 |
July 1, 2013 |
4b-58(a) |
Sec. 63 |
July 1, 2013 |
4b-91 |
Sec. 64 |
July 1, 2013 |
10-283b |
Sec. 65 |
July 1, 2013 |
10-283(a)(2) |
Sec. 66 |
July 1, 2013 |
10-287d |
Sec. 67 |
July 1, 2013 |
10a-6(a) |
Sec. 68 |
July 1, 2013 |
10a-72(a) |
Sec. 69 |
July 1, 2013 |
10a-89(a) |
Sec. 70 |
July 1, 2013 |
10a-90 |
Sec. 71 |
July 1, 2013 |
10a-91(a) |
Sec. 72 |
July 1, 2013 |
10a-91c(3) |
Sec. 73 |
July 1, 2013 |
10a-91d |
Sec. 74 |
July 1, 2013 |
4-230 |
Sec. 75 |
July 1, 2013 |
5-259(i) |
Sec. 76 |
July 1, 2013 |
7-425 |
Sec. 77 |
July 1, 2013 |
10-392(b) |
Sec. 78 |
July 1, 2013 |
10-393 |
Sec. 79 |
July 1, 2013 |
10-396 |
Sec. 80 |
July 1, 2013 |
10-399(b) |
Sec. 81 |
July 1, 2013 |
12-15(b) |
Sec. 82 |
July 1, 2013 |
25-109q(b) |
Sec. 83 |
July 1, 2013 |
32-1s(d) |
Sec. 84 |
July 1, 2013 |
32-6m |
Sec. 85 |
July 1, 2013 |
New section |
Sec. 86 |
July 1, 2013 |
New section |
Sec. 87 |
October 1, 2013 |
10-405 |
Sec. 88 |
October 1, 2013 |
10-406 |
Sec. 89 |
October 1, 2013 |
10-408 |
Sec. 90 |
July 1, 2013 |
New section |
Sec. 91 |
July 1, 2013 |
2-53m |
Sec. 92 |
July 1, 2013 |
4-67x(a) |
Sec. 93 |
July 1, 2013 |
4-67x(h) |
Sec. 94 |
July 1, 2013 |
7-127c(d) |
Sec. 95 |
July 1, 2013 |
10-16n(c) |
Sec. 96 |
July 1, 2013 |
10-16v(b) |
Sec. 97 |
July 1, 2013 |
10-16z(a) |
Sec. 98 |
July 1, 2013 |
10-76i(a) |
Sec. 99 |
July 1, 2013 |
10-222i(a) |
Sec. 100 |
July 1, 2013 |
17a-219c(a) |
Sec. 101 |
July 1, 2013 |
17b-748 |
Sec. 102 |
July 1, 2013 |
17b-751c(a) |
Sec. 103 |
July 1, 2013 |
19a-59c(b) |
Sec. 104 |
July 1, 2013 |
28-5(c) |
Sec. 105 |
July 1, 2013 |
46b-69c(c) |
Sec. 106 |
July 1, 2013 |
17b-297(d) |
Sec. 107 |
July 1, 2013 |
19a-6g(a) |
Sec. 108 |
July 1, 2013 |
19a-6j(b) |
Sec. 109 |
July 1, 2013 |
38a-1051(a) |
Sec. 110 |
July 1, 2013 |
46a-170(b) and (c) |
Sec. 111 |
July 1, 2013 |
51-10c(a) |
Sec. 112 |
July 1, 2013 |
54-1s(b) |
Sec. 113 |
July 1, 2013 |
3-123aa(c) |
Sec. 114 |
July 1, 2013 |
16a-41b(a) |
Sec. 115 |
July 1, 2013 |
17a-450a |
Sec. 116 |
July 1, 2013 |
17a-317(f) |
Sec. 117 |
July 1, 2013 |
17b-28(b) and (c) |
Sec. 118 |
July 1, 2013 |
17b-338 |
Sec. 119 |
July 1, 2013 |
17b-367 |
Sec. 120 |
July 1, 2013 |
4-124bb |
Sec. 121 |
July 1, 2013 |
10-145a(b) |
Sec. 122 |
July 1, 2013 |
19a-112a(a) |
Sec. 123 |
July 1, 2013 |
31-3g(d) |
Sec. 124 |
July 1, 2013 |
31-3cc |
Sec. 125 |
July 1, 2013 |
46b-215a |
Sec. 126 |
July 1, 2013 |
2c-2h(g) |
Sec. 127 |
July 1, 2013 |
17a-2 |
Sec. 128 |
July 1, 2013 |
46a-68 |
Sec. 129 |
July 1, 2013 |
17a-211b |
Sec. 130 |
July 1, 2013 |
17a-450b |
Sec. 131 |
July 1, 2013 |
New section |
Sec. 132 |
July 1, 2013 |
1-300(b) |
Sec. 133 |
July 1, 2013 |
1-301 |
Sec. 134 |
July 1, 2013 |
22a-11 |
Sec. 135 |
July 1, 2013 |
1-80e |
Sec. 136 |
July 1, 2013 |
1-81 |
Sec. 137 |
July 1, 2013 |
1-82 |
Sec. 138 |
July 1, 2013 |
1-82a |
Sec. 139 |
July 1, 2013 |
1-93 |
Sec. 140 |
July 1, 2013 |
1-93a |
Sec. 141 |
July 1, 2013 |
1-206(b) |
Sec. 142 |
July 1, 2013 |
4-65a |
Sec. 143 |
July 1, 2013 |
1-81(b) |
Sec. 144 |
July 1, 2013 |
1-83(a) |
Sec. 145 |
July 1, 2013 |
2-91 |
Sec. 146 |
July 1, 2013 |
3-12a |
Sec. 147 |
July 1, 2013 |
3-119a |
Sec. 148 |
July 1, 2013 |
4-15 |
Sec. 149 |
July 1, 2013 |
4-40 |
Sec. 150 |
July 1, 2013 |
4-40a |
Sec. 151 |
July 1, 2013 |
4-61aa |
Sec. 152 |
July 1, 2013 |
4-61jj |
Sec. 153 |
July 1, 2013 |
4-70e |
Sec. 154 |
July 1, 2013 |
4a-2a |
Sec. 155 |
July 1, 2013 |
4a-2c |
Sec. 156 |
July 1, 2013 |
4a-7a |
Sec. 157 |
July 1, 2013 |
5-141b |
Sec. 158 |
July 1, 2013 |
5-141c |
Sec. 159 |
July 1, 2013 |
5-164(b) |
Sec. 160 |
July 1, 2013 |
5-175(d) |
Sec. 161 |
July 1, 2013 |
5-192l(e) |
Sec. 162 |
July 1, 2013 |
5-196 |
Sec. 163 |
July 1, 2013 |
5-180(a) and (b) |
Sec. 164 |
July 1, 2013 |
5-248a(a) |
Sec. 165 |
July 1, 2013 |
5-248a(g) |
Sec. 166 |
July 1, 2013 |
5-257(d) |
Sec. 167 |
July 1, 2013 |
45a-54(a) |
Sec. 168 |
July 1, 2013 |
5-198(10) and (11) |
Sec. 169 |
July 1, 2013 |
5-198(23) |
Sec. 170 |
July 1, 2013 |
5-199d |
Sec. 171 |
July 1, 2013 |
5-200 |
Sec. 172 |
July 1, 2013 |
5-200a |
Sec. 173 |
July 1, 2013 |
5-200b |
Sec. 174 |
July 1, 2013 |
5-200c |
Sec. 175 |
July 1, 2013 |
5-201 |
Sec. 176 |
July 1, 2013 |
5-202 |
Sec. 177 |
July 1, 2013 |
5-203 |
Sec. 178 |
July 1, 2013 |
5-204 |
Sec. 179 |
July 1, 2013 |
5-206 |
Sec. 180 |
July 1, 2013 |
5-206a |
Sec. 181 |
July 1, 2013 |
5-207 |
Sec. 182 |
July 1, 2013 |
5-208 |
Sec. 183 |
July 1, 2013 |
5-208a |
Sec. 184 |
July 1, 2013 |
5-209 |
Sec. 185 |
July 1, 2013 |
5-209a |
Sec. 186 |
July 1, 2013 |
5-210 |
Sec. 187 |
July 1, 2013 |
5-213 |
Sec. 188 |
July 1, 2013 |
5-214 |
Sec. 189 |
July 1, 2013 |
5-215a |
Sec. 190 |
July 1, 2013 |
5-216 |
Sec. 191 |
July 1, 2013 |
5-217 |
Sec. 192 |
July 1, 2013 |
5-218 |
Sec. 193 |
July 1, 2013 |
5-219 |
Sec. 194 |
July 1, 2013 |
5-219a |
Sec. 195 |
July 1, 2013 |
5-220 |
Sec. 196 |
July 1, 2013 |
5-221 |
Sec. 197 |
July 1, 2013 |
5-221a |
Sec. 198 |
July 1, 2013 |
5-223 |
Sec. 199 |
July 1, 2013 |
5-225 |
Sec. 200 |
July 1, 2013 |
5-227 |
Sec. 201 |
July 1, 2013 |
5-227a |
Sec. 202 |
July 1, 2013 |
5-227b |
Sec. 203 |
July 1, 2013 |
5-228 |
Sec. 204 |
July 1, 2013 |
5-229 |
Sec. 205 |
July 1, 2013 |
5-230 |
Sec. 206 |
July 1, 2013 |
5-231 |
Sec. 207 |
July 1, 2013 |
5-233 |
Sec. 208 |
July 1, 2013 |
5-234 |
Sec. 209 |
July 1, 2013 |
5-235 |
Sec. 210 |
July 1, 2013 |
5-236(a) |
Sec. 211 |
July 1, 2013 |
5-237 |
Sec. 212 |
July 1, 2013 |
5-238 |
Sec. 213 |
July 1, 2013 |
5-239 |
Sec. 214 |
July 1, 2013 |
5-239a |
Sec. 215 |
July 1, 2013 |
5-240(c) |
Sec. 216 |
July 1, 2013 |
5-241(b) |
Sec. 217 |
July 1, 2013 |
5-243 |
Sec. 218 |
July 1, 2013 |
5-244 |
Sec. 219 |
July 1, 2013 |
5-245 |
Sec. 220 |
July 1, 2013 |
5-246(b) |
Sec. 221 |
July 1, 2013 |
5-247 |
Sec. 222 |
July 1, 2013 |
5-248(a) |
Sec. 223 |
July 1, 2013 |
5-248(e) and (f) |
Sec. 224 |
July 1, 2013 |
5-248b |
Sec. 225 |
July 1, 2013 |
5-248c |
Sec. 226 |
July 1, 2013 |
5-248i |
Sec. 227 |
July 1, 2013 |
5-250(a) and (b) |
Sec. 228 |
July 1, 2013 |
5-251 |
Sec. 229 |
July 1, 2013 |
5-254(a) |
Sec. 230 |
July 1, 2013 |
5-255 |
Sec. 231 |
July 1, 2013 |
5-256 |
Sec. 232 |
July 1, 2013 |
5-265 |
Sec. 233 |
July 1, 2013 |
5-266c |
Sec. 234 |
July 1, 2013 |
5-266d |
Sec. 235 |
July 1, 2013 |
5-272(d) |
Sec. 236 |
July 1, 2013 |
10a-20 |
Sec. 237 |
July 1, 2013 |
10a-108 |
Sec. 238 |
July 1, 2013 |
12-802(e) |
Sec. 239 |
July 1, 2013 |
13a-95c(b) |
Sec. 240 |
July 1, 2013 |
15-2 |
Sec. 241 |
July 1, 2013 |
15-120mm(a) |
Sec. 242 |
July 1, 2013 |
16-2(d) |
Sec. 243 |
July 1, 2013 |
16-2a(c) and (d) |
Sec. 244 |
July 1, 2013 |
17b-650a(b) |
Sec. 245 |
July 1, 2013 |
17b-739 |
Sec. 246 |
July 1, 2013 |
18-85(a) |
Sec. 247 |
July 1, 2013 |
19a-32g(d) |
Sec. 248 |
July 1, 2013 |
19a-186a |
Sec. 249 |
July 1, 2013 |
19a-404 |
Sec. 250 |
July 1, 2013 |
19a-405 |
Sec. 251 |
July 1, 2013 |
22-81(b) |
Sec. 252 |
July 1, 2013 |
23-39 |
Sec. 253 |
July 1, 2013 |
28-6(b) |
Sec. 254 |
July 1, 2013 |
29-4(e) |
Sec. 255 |
July 1, 2013 |
31-103 |
Sec. 256 |
July 1, 2013 |
31-237c(a) |
Sec. 257 |
July 1, 2013 |
31-237e(a) |
Sec. 258 |
July 1, 2013 |
31-280(a) |
Sec. 259 |
July 1, 2013 |
32-1c(a) |
Sec. 260 |
July 1, 2013 |
46a-52(b) and (c) |
Sec. 261 |
July 1, 2013 |
46a-68a |
Sec. 262 |
July 1, 2013 |
46a-70(d) |
Sec. 263 |
July 1, 2013 |
46a-81h(d) |
Sec. 264 |
July 1, 2013 |
51-278(b)(2) |
Sec. 265 |
July 1, 2013 |
51-279(a) |
Sec. 266 |
July 1, 2013 |
52-261(a) |
Sec. 267 |
July 1, 2013 |
54-124a(c) |
Sec. 268 |
July 1, 2013 |
46a-82(d) |
Sec. 269 |
from passage |
Repealer section |
Sec. 270 |
from passage |
Repealer section |
Sec. 271 |
July 1, 2013 |
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.]