General Assembly Governor's Bill No. 6379 January Session, 2011 LCO No. 3423 *03423__________* Referred to Committee on Aging Introduced by: REP. DONOVAN, 84th Dist. REP. SHARKEY, 88th Dist. SEN. WILLIAMS, 29th Dist. SEN. LOONEY, 11th Dist. General Assembly Governor's Bill No. 6379 January Session, 2011 LCO No. 3423 *03423__________* Referred to Committee on Aging Introduced by: REP. DONOVAN, 84th Dist. REP. SHARKEY, 88th Dist. SEN. WILLIAMS, 29th Dist. SEN. LOONEY, 11th Dist. AN ACT DELAYING THE ESTABLISHMENT OF THE DEPARTMENT ON AGING. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 17a-317 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011): (a) Effective July 1, [2011] 2013, there shall be established a Department on Aging [which] that shall be under the direction and supervision of the Commissioner on Aging 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 said sections. The commissioner shall be knowledgeable and experienced with respect to the conditions and needs of elderly persons and shall serve on a full-time basis. (b) The Commissioner on Aging shall administer all laws under the jurisdiction of the Department on Aging and shall employ the most efficient and practical means for the provision of care and protection of elderly persons. The commissioner shall have the power and duty to do the following: (1) Administer, coordinate and direct the operation of the department; (2) adopt and enforce regulations, in accordance with chapter 54, as necessary to implement the purposes of the department as established by statute; (3) establish rules for the internal operation and administration of the department; (4) establish and develop programs and administer services to achieve the purposes of the department; (5) contract for facilities, services and programs to implement the purposes of the department; (6) act as advocate for necessary additional comprehensive and coordinated programs for elderly persons; (7) assist and advise all appropriate state, federal, local and area planning agencies for elderly persons in the performance of their functions and duties pursuant to federal law and regulation; (8) plan services and programs for elderly persons; (9) coordinate outreach activities by public and private agencies serving elderly persons; and (10) consult and cooperate with area and private planning agencies. (c) The functions, powers, duties and personnel of the Division of Aging Services of the Department of Social Services, or any subsequent division or portion of a division with similar functions, powers, personnel and duties, shall be transferred to the Department on Aging pursuant to the provisions of sections 4-38d, 4-38e and 4-39. (d) The Department of Social Services shall administer programs under the jurisdiction of the Department on Aging until the Commissioner on Aging is appointed and administrative staff are hired. (e) The Governor may, with the approval of the Finance Advisory Committee, transfer funds between the Department of Social Services and the Department on Aging pursuant to subsection (b) of section 4-87 during the fiscal year ending June 30, [2012] 2014. (f) Any order or regulation of the Department of Social Services or the Commission on Aging that is in force on July 1, [2011] 2013, shall continue in force and effect as an order or regulation until amended, repealed or superseded pursuant to law. Sec. 2. Section 17b-1 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 Social Services. The department head shall be the Commissioner of Social 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 therein prescribed. (b) The Department of Social Services shall constitute a successor department to the Department of Income Maintenance [,] and the Department of Human Resources [and the Department on Aging] in accordance with the provisions of sections 4-38d and 4-39. (c) Wherever the words "Commissioner of Income Maintenance" [,] or "Commissioner of Human Resources" [or "Commissioner on Aging"] are used in the general statutes, the words "Commissioner of Social Services" shall be substituted in lieu thereof. Wherever the words "Department of Income Maintenance" [,] or "Department of Human Resources" [or "Department on Aging"] are used in the general statutes, "Department of Social Services" shall be substituted in lieu thereof. (d) [Any] Subject to the provisions of section 17a-317, as amended by this act, any order or regulation of the Department of Income Maintenance, the Department of Human Resources or the Department on Aging which is in force on July 1, 1993, shall continue in force and effect as an order or regulation of the Department of Social Services until amended, repealed or superseded pursuant to law. Where any order or regulation of said departments conflict, the Commissioner of Social Services may implement policies and procedures consistent with the provisions of public act 93-262 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. This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2011 17a-317 Sec. 2 July 1, 2013 17b-1 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2011 17a-317 Sec. 2 July 1, 2013 17b-1 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.]