| 18 | | - | Each individual who is a lobbyist shall, while engaged in lobbying, wear a distinguishing badge which shall identify him as a lobbyist. The size, color, material and other requirements of such badge shall be prescribed by regulation of the Citizen's Ethics Advisory Board. Such regulations shall provide that lobbyists who are residents of the state shall wear a blue and white badge and lobbyists who are residents of a state other than this state shall wear a red and white badge. |
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| 19 | | - | |
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| 20 | | - | Sec. 2. Subsection (b) of section 1-210 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 21 | | - | |
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| 22 | | - | (b) Nothing in the Freedom of Information Act shall be construed to require disclosure of: |
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| 23 | | - | |
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| 24 | | - | (1) Preliminary drafts or notes provided the public agency has determined that the public interest in withholding such documents clearly outweighs the public interest in disclosure; |
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| 25 | | - | |
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| 26 | | - | (2) Personnel or medical files and similar files the disclosure of which would constitute an invasion of personal privacy; |
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| 27 | | - | |
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| 28 | | - | (3) Records of law enforcement agencies not otherwise available to the public which records were compiled in connection with the detection or investigation of crime, if the disclosure of said records would not be in the public interest because it would result in the disclosure of (A) the identity of informants not otherwise known or the identity of witnesses not otherwise known whose safety would be endangered or who would be subject to threat or intimidation if their identity was made known, (B) signed statements of witnesses, (C) information to be used in a prospective law enforcement action if prejudicial to such action, (D) investigatory techniques not otherwise known to the general public, (E) arrest records of a juvenile, which shall also include any investigatory files, concerning the arrest of such juvenile, compiled for law enforcement purposes, (F) the name and address of the victim of a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, or injury or risk of injury, or impairing of morals under section 53-21, or of an attempt thereof, or (G) uncorroborated allegations subject to destruction pursuant to section 1-216; |
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| 29 | | - | |
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| 30 | | - | (4) Records pertaining to strategy and negotiations with respect to pending claims or pending litigation to which the public agency is a party until such litigation or claim has been finally adjudicated or otherwise settled; |
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| 31 | | - | |
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| 32 | | - | (5) (A) Trade secrets, which for purposes of the Freedom of Information Act, are defined as information, including formulas, patterns, compilations, programs, devices, methods, techniques, processes, drawings, cost data, customer lists, film or television scripts or detailed production budgets that (i) derive independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from their disclosure or use, and (ii) are the subject of efforts that are reasonable under the circumstances to maintain secrecy; and |
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| 33 | | - | |
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| 34 | | - | (B) Commercial or financial information given in confidence, not required by statute; |
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| 35 | | - | |
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| 36 | | - | (6) Test questions, scoring keys and other examination data used to administer a licensing examination, examination for employment or academic examinations; |
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| 37 | | - | |
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| 38 | | - | (7) The contents of real estate appraisals, engineering or feasibility estimates and evaluations made for or by an agency relative to the acquisition of property or to prospective public supply and construction contracts, until such time as all of the property has been acquired or all proceedings or transactions have been terminated or abandoned, provided the law of eminent domain shall not be affected by this provision; |
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| 39 | | - | |
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| 40 | | - | (8) Statements of personal worth or personal financial data required by a licensing agency and filed by an applicant with such licensing agency to establish the applicant's personal qualification for the license, certificate or permit applied for; |
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| 41 | | - | |
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| 42 | | - | (9) Records, reports and statements of strategy or negotiations with respect to collective bargaining; |
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| 43 | | - | |
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| 44 | | - | (10) Records, tax returns, reports and statements exempted by federal law or [state] the general statutes or communications privileged by the attorney-client relationship, marital relationship, clergy-penitent relationship, doctor-patient relationship, therapist-patient relationship or any other privilege established by the common law or the general statutes, including any such records, tax returns, reports or communications that were created or made prior to the establishment of the applicable privilege under the common law or the general statutes; |
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| 45 | | - | |
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| 46 | | - | (11) Names or addresses of students enrolled in any public school or college without the consent of each student whose name or address is to be disclosed who is eighteen years of age or older and a parent or guardian of each such student who is younger than eighteen years of age, provided this subdivision shall not be construed as prohibiting the disclosure of the names or addresses of students enrolled in any public school in a regional school district to the board of selectmen or town board of finance, as the case may be, of the town wherein the student resides for the purpose of verifying tuition payments made to such school; |
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| 47 | | - | |
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| 48 | | - | (12) Any information obtained by the use of illegal means; |
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| 49 | | - | |
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| 50 | | - | (13) Records of an investigation or the name of an employee providing information under the provisions of section 4-61dd or sections 17b-301c to 17b-301g, inclusive; |
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| 51 | | - | |
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| 52 | | - | (14) Adoption records and information provided for in sections 45a-746, 45a-750 and 45a-751; |
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| 53 | | - | |
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| 54 | | - | (15) Any page of a primary petition, nominating petition, referendum petition or petition for a town meeting submitted under any provision of the general statutes or of any special act, municipal charter or ordinance, until the required processing and certification of such page has been completed by the official or officials charged with such duty after which time disclosure of such page shall be required; |
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| 55 | | - | |
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| 56 | | - | (16) Records of complaints, including information compiled in the investigation thereof, brought to a municipal health authority pursuant to chapter 368e or a district department of health pursuant to chapter 368f, until such time as the investigation is concluded or thirty days from the date of receipt of the complaint, whichever occurs first; |
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| 57 | | - | |
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| 58 | | - | (17) Educational records which are not subject to disclosure under the Family Educational Rights and Privacy Act, 20 USC 1232g; |
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| 59 | | - | |
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| 60 | | - | (18) Records, the disclosure of which the Commissioner of Correction, or as it applies to Whiting Forensic Division facilities of the Connecticut Valley Hospital, the Commissioner of Mental Health and Addiction Services, has reasonable grounds to believe may result in a safety risk, including the risk of harm to any person or the risk of an escape from, or a disorder in, a correctional institution or facility under the supervision of the Department of Correction or Whiting Forensic Division facilities. Such records shall include, but are not limited to: |
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| 61 | | - | |
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| 62 | | - | (A) Security manuals, including emergency plans contained or referred to in such security manuals; |
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| 63 | | - | |
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| 64 | | - | (B) Engineering and architectural drawings of correctional institutions or facilities or Whiting Forensic Division facilities; |
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| 65 | | - | |
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| 66 | | - | (C) Operational specifications of security systems utilized by the Department of Correction at any correctional institution or facility or Whiting Forensic Division facilities, except that a general description of any such security system and the cost and quality of such system may be disclosed; |
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| 67 | | - | |
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| 68 | | - | (D) Training manuals prepared for correctional institutions and facilities or Whiting Forensic Division facilities that describe, in any manner, security procedures, emergency plans or security equipment; |
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| 69 | | - | |
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| 70 | | - | (E) Internal security audits of correctional institutions and facilities or Whiting Forensic Division facilities; |
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| 71 | | - | |
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| 72 | | - | (F) Minutes or recordings of staff meetings of the Department of Correction or Whiting Forensic Division facilities, or portions of such minutes or recordings, that contain or reveal information relating to security or other records otherwise exempt from disclosure under this subdivision; |
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| 73 | | - | |
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| 74 | | - | (G) Logs or other documents that contain information on the movement or assignment of inmates or staff at correctional institutions or facilities; and |
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| 75 | | - | |
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| 76 | | - | (H) Records that contain information on contacts between inmates, as defined in section 18-84, and law enforcement officers; |
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| 77 | | - | |
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| 78 | | - | (19) Records when there are reasonable grounds to believe disclosure may result in a safety risk, including the risk of harm to any person, any government-owned or leased institution or facility or any fixture or appurtenance and equipment attached to, or contained in, such institution or facility, except that such records shall be disclosed to a law enforcement agency upon the request of the law enforcement agency. Such reasonable grounds shall be determined (A) (i) by the Commissioner of Public Works, after consultation with the chief executive officer of an executive branch state agency, with respect to records concerning such agency; and (ii) by the Commissioner of Emergency Management and Homeland Security, after consultation with the chief executive officer of a municipal, district or regional agency, with respect to records concerning such agency; (B) by the Chief Court Administrator with respect to records concerning the Judicial Department; and (C) by the executive director of the Joint Committee on Legislative Management, with respect to records concerning the Legislative Department. As used in this section, "government-owned or leased institution or facility" includes, but is not limited to, an institution or facility owned or leased by a public service company, as defined in section 16-1, a certified telecommunications provider, as defined in section 16-1, a water company, as defined in section 25-32a, or a municipal utility that furnishes electric, gas or water service, but does not include an institution or facility owned or leased by the federal government, and "chief executive officer" includes, but is not limited to, an agency head, department head, executive director or chief executive officer. Such records include, but are not limited to: |
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| 79 | | - | |
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| 80 | | - | (i) Security manuals or reports; |
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| 81 | | - | |
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| 82 | | - | (ii) Engineering and architectural drawings of government-owned or leased institutions or facilities; |
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| 83 | | - | |
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| 84 | | - | (iii) Operational specifications of security systems utilized at any government-owned or leased institution or facility, except that a general description of any such security system and the cost and quality of such system, may be disclosed; |
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| 85 | | - | |
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| 86 | | - | (iv) Training manuals prepared for government-owned or leased institutions or facilities that describe, in any manner, security procedures, emergency plans or security equipment; |
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| 87 | | - | |
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| 88 | | - | (v) Internal security audits of government-owned or leased institutions or facilities; |
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| 89 | | - | |
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| 90 | | - | (vi) Minutes or records of meetings, or portions of such minutes or records, that contain or reveal information relating to security or other records otherwise exempt from disclosure under this subdivision; |
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| 91 | | - | |
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| 92 | | - | (vii) Logs or other documents that contain information on the movement or assignment of security personnel; |
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| 93 | | - | |
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| 94 | | - | (viii) Emergency plans and emergency preparedness, response, recovery and mitigation plans, including plans provided by a person to a state agency or a local emergency management agency or official; and |
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| 95 | | - | |
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| 96 | | - | (ix) With respect to a water company, as defined in section 25-32a, that provides water service: Vulnerability assessments and risk management plans, operational plans, portions of water supply plans submitted pursuant to section 25-32d that contain or reveal information the disclosure of which may result in a security risk to a water company, inspection reports, technical specifications and other materials that depict or specifically describe critical water company operating facilities, collection and distribution systems or sources of supply; |
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| 97 | | - | |
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| 98 | | - | (20) Records of standards, procedures, processes, software and codes, not otherwise available to the public, the disclosure of which would compromise the security or integrity of an information technology system; |
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| 99 | | - | |
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| 100 | | - | (21) The residential, work or school address of any participant in the address confidentiality program established pursuant to sections 54-240 to 54-240o, inclusive; |
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| 101 | | - | |
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| 102 | | - | (22) The electronic mail address of any person that is obtained by the Department of Transportation in connection with the implementation or administration of any plan to inform individuals about significant highway or railway incidents; |
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| 103 | | - | |
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| 104 | | - | (23) The name or address of any minor enrolled in any parks and recreation program administered or sponsored by any public agency; |
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| 105 | | - | |
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| 106 | | - | (24) Responses to any request for proposals or bid solicitation issued by a public agency or any record or file made by a public agency in connection with the contract award process, until such contract is executed or negotiations for the award of such contract have ended, whichever occurs earlier, provided the chief executive officer of such public agency certifies that the public interest in the disclosure of such responses, record or file is outweighed by the public interest in the confidentiality of such responses, record or file; and |
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| 107 | | - | |
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| 108 | | - | (25) The name, address, telephone number or electronic mail address of any person enrolled in any senior center program or any member of a senior center administered or sponsored by any public agency. |
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| 109 | | - | |
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| 110 | | - | Sec. 3. Section 1-212 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 111 | | - | |
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| 112 | | - | (a) Any person applying in writing shall receive, promptly upon request, a plain, facsimile, electronic or certified copy of any public record. The type of copy provided shall be within the discretion of the public agency, except if the applicant does not have access to a computer or facsimile machine, the public agency shall not send the applicant an electronic or facsimile copy. The fee for any copy provided in accordance with the Freedom of Information Act: |
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| 113 | | - | |
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| 114 | | - | (1) By an executive, administrative or legislative office of the state, a state agency or a department, institution, bureau, board, commission, authority or official of the state, including a committee of, or created by, such an office, agency, department, institution, bureau, board, commission, authority or official, and also including any judicial office, official or body or committee thereof but only in respect to its or their administrative functions, shall not exceed twenty-five cents per page; and |
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| 115 | | - | |
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| 116 | | - | (2) By all other public agencies, as defined in section 1-200, shall not exceed fifty cents per page. If any copy provided in accordance with said Freedom of Information Act requires a transcription, or if any person applies for a transcription of a public record, the fee for such transcription shall not exceed the cost thereof to the public agency. |
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| 117 | | - | |
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| 118 | | - | (b) The fee for any copy provided in accordance with subsection (a) of section 1-211 shall not exceed the cost thereof to the public agency. In determining such costs for a copy, other than for a printout which exists at the time that the agency responds to the request for such copy, an agency may include only: |
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| 119 | | - | |
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| 120 | | - | (1) An amount equal to the hourly salary attributed to all agency employees engaged in providing the requested computer-stored public record, including their time performing the formatting or programming functions necessary to provide the copy as requested, but not including search or retrieval costs except as provided in subdivision (4) of this subsection; |
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| 121 | | - | |
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| 122 | | - | (2) An amount equal to the cost to the agency of engaging an outside professional electronic copying service to provide such copying services, if such service is necessary to provide the copying as requested; |
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| 123 | | - | |
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| 124 | | - | (3) The actual cost of the storage devices or media provided to the person making the request in complying with such request; and |
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| 125 | | - | |
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| 126 | | - | (4) The computer time charges incurred by the agency in providing the requested computer-stored public record where another agency or contractor provides the agency with computer storage and retrieval services. Notwithstanding any other provision of this section, the fee for any copy of the names of registered voters shall not exceed three cents per name delivered or the cost thereof to the public agency, as determined pursuant to this subsection, whichever is less. The Department of Information Technology shall monitor the calculation of the fees charged for copies of computer-stored public records to ensure that such fees are reasonable and consistent among agencies. |
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| 127 | | - | |
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| 128 | | - | (c) A public agency may require the prepayment of any fee required or permitted under the Freedom of Information Act if such fee is estimated to be ten dollars or more. The sales tax provided in chapter 219 shall not be imposed upon any transaction for which a fee is required or permissible under this section or section 1-227. |
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| 129 | | - | |
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| 130 | | - | (d) The public agency shall waive any fee provided for in this section when: |
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| 131 | | - | |
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| 132 | | - | (1) The person requesting the records is an indigent individual; |
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| 133 | | - | |
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| 134 | | - | (2) The records located are determined by the public agency to be exempt from disclosure under subsection (b) of section 1-210, as amended by this act; |
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| 135 | | - | |
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| 136 | | - | (3) In its judgment, compliance with the applicant's request benefits the general welfare; or |
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| 137 | | - | |
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| 138 | | - | (4) The person requesting the record is an elected official of a political subdivision of the state and the official (A) obtains the record from an agency of the political subdivision in which the official serves, and (B) certifies that the record pertains to the official's duties. |
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| 139 | | - | |
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| 140 | | - | (e) Except as otherwise provided by law, the fee for any person who has the custody of any public records or files for certifying any copy of such records or files, or certifying to any fact appearing therefrom, shall be for the first page of such certificate, or copy and certificate, one dollar; and for each additional page, fifty cents. For the purpose of computing such fee, such copy and certificate shall be deemed to be one continuous instrument. |
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| 141 | | - | |
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| 142 | | - | (f) The Secretary of the State, after consulting with the chairperson of the Freedom of Information Commission, the Commissioner of Correction and a representative of the Judicial Department, shall propose a fee structure for copies of public records provided to an inmate, as defined in section 18-84, in accordance with subsection (a) of this section. The Secretary of the State shall submit such proposed fee structure to the joint standing committee of the General Assembly having cognizance of matters relating to government administration, not later than January 15, 2000. |
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| 143 | | - | |
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| 144 | | - | (g) Any individual may copy a public record through the use of a hand-held scanner. A public agency may establish a fee structure not to exceed twenty dollars for an individual to pay each time the individual copies records at the agency with a hand-held scanner. As used in this section, "hand-held scanner" means a battery operated electronic scanning device the use of which (1) leaves no mark or impression on the public record, and (2) does not unreasonably interfere with the operation of the public agency. |
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| 145 | | - | |
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| 146 | | - | Sec. 4. Section 2-35 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 147 | | - | |
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| 148 | | - | (a) All bills carrying or requiring appropriations and favorably reported by any other committee, except for payment of claims against the state, shall, before passage, be referred to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, unless such reference is dispensed with by a vote of at least two-thirds of each house of the General Assembly. Resolutions paying the contingent expenses of the Senate and House of Representatives shall be referred to said committee. Said committee may originate and report any bill which it deems necessary and shall, in each odd-numbered year, report such appropriation bills as it deems necessary for carrying on the departments of the state government and for providing for such institutions or persons as are proper subjects for state aid under the provisions of the statutes, for the ensuing biennium. In each even-numbered year, the committee shall originate and report at least one bill which adjusts expenditures for the ensuing fiscal year in such manner as it deems appropriate. Each appropriation bill shall specify the particular purpose for which appropriation is made and shall be itemized as far as practicable. The state budget act may contain any legislation necessary to implement its appropriations provisions, provided no other general legislation shall be made a part of such act. |
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| 149 | | - | |
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| 150 | | - | (b) The state budget act passed by the legislature for funding the expenses of operations of the state government in the ensuing biennium shall contain a statement of estimated revenue, based upon the most recent consensus revenue estimate or the revised consensus revenue estimate issued pursuant to section 2-36c, itemized by major source, for each appropriated fund. The statement of estimated revenue applicable to each such fund shall include, for any fiscal year, an estimate of total revenue with respect to such fund, which amount shall be reduced by (1) an estimate of total refunds of taxes to be paid from such revenue in accordance with the authorization in section 12-39f, and (2) an estimate of total refunds of payments to be paid from such revenue in accordance with the provisions of section 4-37. Such statement of estimated revenue, including the estimated refunds of taxes to be offset against such revenue, shall be supplied by the joint standing committee of the General Assembly having cognizance of matters relating to state finance, revenue and bonding. The total estimated revenue for each fund, as adjusted in accordance with this section, shall not be less than the total net appropriations made from each fund. On or before July first of each fiscal year said committee shall, if any revisions in such estimates are required by virtue of legislative amendments to the revenue measures proposed by said committee, changes in conditions or receipt of new information since the original estimate was supplied, meet and revise such estimates and, through its cochairpersons, report to the Comptroller any such revisions. |
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| 151 | | - | |
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| 152 | | - | (c) If the state budget act passed by the legislature for funding the expenses of operations of the state government in the ensuing biennium or making adjustments to a previously adopted biennial budget contains state-wide budgeted reductions not allocated by a budgeted agency, such act shall specify the amount of such budgeted reductions to be achieved in each branch of state government. |
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| 153 | | - | |
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| 154 | | - | (d) The state budget bill for funding the expenses of operations of the state government in the ensuing biennium or making adjustments to a previously adopted biennial budget shall be posted on the Internet web site of the General Assembly or otherwise made available to the members of the General Assembly in its final form at least forty-eight hours prior to the vote on such bill by the General Assembly. If such bill is amended by either house of the General Assembly, such amendment shall be posted on the Internet web site of the General Assembly or otherwise made available to the members of the General Assembly at least forty-eight hours prior to the vote on such bill, as amended, by either house of the General Assembly. Any bill that implements the provisions of the state budget act or the adjustment to the previously adopted biennial budget shall be posted on the Internet web site of the General Assembly or otherwise made available to the members of the General Assembly in its final form at least twenty-four hours prior to the vote on such bill by either house of the General Assembly. |
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| 155 | | - | |
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| 156 | | - | Sec. 5. (NEW) (Effective October 1, 2011) Any state agency may, in the discretion of the commissioner of such agency, remove press releases and other information from such state agency's Internet web site, provided the information or press release relates to actions taken against individuals by the agency and is no longer necessary to protect the public. |
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| 157 | | - | |
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| 158 | | - | Sec. 6. Subsection (a) of section 4-168 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011, and applicable to any proposed regulations noticed on or after said date): |
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| 159 | | - | |
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| 160 | | - | (a) Except as provided in subsection (g) of this section, an agency, prior to adopting a proposed regulation, shall: (1) Give at least thirty days' notice by publication in the Connecticut Law Journal of its intended action. The notice shall include (A) either a statement of the terms or of the substance of the proposed regulation or a description sufficiently detailed so as to apprise persons likely to be affected of the issues and subjects involved in the proposed regulation, (B) a statement of the purposes for which the regulation is proposed, (C) a reference to the statutory authority for the proposed regulation, (D) when, where and how interested persons may obtain a copy of the small business impact and regulatory flexibility analyses required pursuant to section 4-168a, and (E) when, where and how interested persons may present their views on the proposed regulation; (2) give notice by mail to each joint standing committee of the General Assembly having cognizance of the subject matter of the proposed regulation; (3) give notice by mail to all persons who have made requests to the agency for advance notice of its regulation-making proceedings. The agency may charge a reasonable fee for such notice based on the estimated cost of providing the service; (4) provide a copy of the proposed regulation to persons requesting it. The agency may charge a reasonable fee for copies in accordance with the provisions of section 1-212, as amended by this act; (5) no later than the date of publication of the notice in the Connecticut Law Journal, prepare a fiscal note, including an estimate of the cost or of the revenue impact in the current year and in each of the next five fiscal years and any long-range fiscal implications (A) on the state or any municipality of the state, and (B) on small businesses in the state, including an estimate of the number of small businesses subject to the proposed regulation and the projected costs, including but not limited to, reporting, recordkeeping and administrative, associated with compliance with the proposed regulation and, if applicable, the regulatory flexibility analysis prepared under section 4-168a. The governing body of any municipality, if requested, shall provide the agency, within twenty working days, with any information that may be necessary for analysis in preparation of such fiscal note; (6) afford all interested persons reasonable opportunity to submit data, views or arguments, orally at a hearing granted under subdivision (7) of this subsection or in writing, and to inspect and copy the fiscal note prepared pursuant to subdivision (5) of this subsection; (7) grant an opportunity to present oral argument if requested by fifteen persons, by a governmental subdivision or agency or by an association having not less than fifteen members, if notice of the request is received by the agency within fourteen days after the date of publication of the notice; and (8) consider fully all written and oral submissions respecting the proposed regulation and revise the fiscal note in accordance with the provisions of subdivision (5) of this subsection to indicate any changes made in the proposed regulation. No regulation shall be found invalid due to the failure of an agency to give notice to each committee of cognizance pursuant to subdivision (2) of this subsection, provided one such committee has been so notified. |
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| 161 | | - | |
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| 162 | | - | Sec. 7. Section 4-173 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 163 | | - | |
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| 164 | | - | (a) The Commission on Official Legal Publications shall publish and distribute a compilation of all effective regulations adopted by all state agencies subsequent to October 27, 1970, except regulations adopted pursuant to subsection (f) of section 4-168. Such publication may be a supplement to or revision of the most current compilation, and shall be published at least semiannually. The Commission on Official Legal Publications may omit from such compilation (1) any regulation that is incorporated by reference into a Connecticut regulation and published by or otherwise available in printed form from a federal agency, a government agency of another state or a commercial publishing company, (2) any regulation that is too expensive to publish, or (3) any regulation the publication of which would be unduly cumbersome. If the commission omits a regulation from the compilation, it shall publish in the compilation a notice identifying the omitted regulation, stating the general subject matter of the regulation and stating an address, telephone number and any other information needed to obtain a copy of the regulation. Such address and telephone number shall be kept current in each semiannual publication of the compilation. The commission shall publish any regulation that has been omitted from publication under subdivision (2) of this subsection as soon as the commission has sufficient funds. |
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| 165 | | - | |
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| 166 | | - | (b) The Commission on Official Legal Publications shall in addition cause to be published in the Connecticut Law Journal at least monthly the text of all regulations received by the commission from the office of the Secretary of the State pursuant to section 4-172 during the preceding month. The commission may omit from the Connecticut Law Journal (1) any regulation submitted in accordance with subsection (g) of section 4-168, for the purposes of renumbering sections only, if a correlated table of the former and new section numbers is published in lieu of the full text, (2) any regulation that is incorporated by reference into a Connecticut regulation and published by or otherwise available in printed form from a federal agency, a government agency of another state or a commercial publishing company, and (3) any regulation the publication of which would be too expensive or unduly cumbersome. If the commission omits a regulation from publication in the Connecticut Law Journal under subdivision (2) or (3) of this subsection, the commission shall publish in the Connecticut Law Journal a notice identifying the omitted regulation, stating the general subject matter of the regulation and stating an address, telephone number and any other information needed to obtain a copy of the regulation. |
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| 167 | | - | |
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| 168 | | - | (c) Each agency which adopts a regulation shall make the regulation available for inspection and copying at its main office. On and after October 1, 2011, each such agency shall post on its Internet web site any regulation of such agency that (1) is published pursuant to subsection (b) of this section on or after said date, or (2) was omitted from such publication pursuant to subdivision (3) of subsection (b) of this section and identified in a notice of omission published on or after said date. Not later than January 1, 2012, each such agency shall post on its web site any effective regulation of such agency. Prior to the posting of any regulation on its web site, each agency shall certify that the content of the regulation is consistent with the content of the regulation that was filed with the office of the Secretary of the State in accordance with the provisions of section 4-172, and shall post such certification on the agency's web site. |
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| 169 | | - | |
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| 170 | | - | (d) Any publication made pursuant to subsections (a) and (b) of this section shall be made available upon request to agencies and officials of this state free of charge, and to other persons at prices fixed by the Commission on Official Legal Publications, in accordance with section 51-216b. |
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| 171 | | - | |
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| 172 | | - | (e) The compilation of regulations published under subsection (a) of this section and all Connecticut regulations omitted from the compilation under subsection (a) shall be maintained in the reference collection of each law library described in section 11-19a. |
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| 173 | | - | |
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| 174 | | - | Sec. 8. Subsection (d) of section 4b-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 175 | | - | |
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| 176 | | - | (d) Notwithstanding any other statute or special act to the contrary, the Commissioner of Public Works shall be the sole person authorized to represent the state in its dealings with third parties for the acquisition, construction, development 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 hereinafter provided for in sections 2-90, 4b-1 to 4b-5, inclusive, 4b-21, 4b-23, 4b-24, 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 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; (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) 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) 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) 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 Public Works shall have the power to 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 Public Works may appoint, within the commissioner's budget and subject to the provisions of chapter 67, such personnel deemed necessary by the commissioner to carry out the provisions hereof, including experts in real estate, construction operations, financing, banking, contracting, architecture and engineering. The Attorney General's office, at the request of the commissioner, shall assist the commissioner in contract negotiations regarding the purchase, lease or construction of real estate. |
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| 177 | | - | |
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| 178 | | - | Sec. 9. (Effective from passage) The Commissioner of Public Works shall identify and name a state building the "Lieutenant Governor Joseph J. Fauliso Facility". |
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| 179 | | - | |
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| 180 | | - | Sec. 10. Subsection (a) of section 10-29a of the general statutes is amended by adding subdivisions (62) to (65), inclusive, as follows (Effective from passage): |
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| 181 | | - | |
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| 182 | | - | (NEW) (62) Irish-American Heritage Month. The Governor shall proclaim the month of March of each year to be Irish-American Heritage Month to honor Americans of Irish ancestry, their culture and the great contribution they have made to this country. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the month. |
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| 183 | | - | |
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| 184 | | - | (NEW) (63) Italian-American Heritage Month. The Governor shall proclaim the month of October of each year to be Italian-American Heritage Month to honor Americans of Italian ancestry, their culture and the great contribution they have made to this country. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the month. |
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| 185 | | - | |
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| 186 | | - | (NEW) (64) French Canadian Day. The Governor shall proclaim June twenty-fourth of each year to be French Canadian Day to honor Americans of French Canadian ancestry, their culture and the great contribution they have made to this country. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day. |
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| 187 | | - | |
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| 188 | | - | (NEW) (65) Native American Day. The Governor shall proclaim the first Friday after Thanksgiving of each year to be Native American Day to honor Americans of Native American ancestry, their culture and the great contribution they have made to this country. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day. |
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| 189 | | - | |
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| 190 | | - | Sec. 11. (Effective from passage) There is established a task force to identify which licenses or permits of state agencies are unduly cumbersome and negatively impact economic development and to develop a plan to streamline the permitting and licensing processes within the Departments of Environmental Protection, Consumer Protection, Economic and Community Development, Public Health and Public Safety. The task force shall consist of the Secretary of the Office of Policy and Management and the Commissioners of Administrative Services, Environmental Protection, Consumer Protection, Economic and Community Development, Public Health and Public Safety, or the designees of said commissioners, and two members of the business community, one to be appointed by the speaker of the House of Representatives and one to be appointed by the president pro tempore of the Senate. The Secretary of the Office of Policy and Management shall serve as the chairperson of the task force. Not later than December 31, 2011, the task force shall submit such plan, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to government administration. |
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| 191 | | - | |
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| 192 | | - | Sec. 12. (NEW) (Effective October 1, 2011) No person on the executive board of a town committee of a political party shall serve as the lead town counsel or associate town counsel of a municipality. Any person appointed to serve as the lead town counsel or associate town counsel of a municipality shall avoid any appearance of partisanship and shall give unbiased legal advice to any board or commission of the municipality. |
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| 193 | | - | |
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| 194 | | - | Sec. 13. Subsection (a) of section 17b-93 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011): |
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| 195 | | - | |
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| 196 | | - | (a) If a beneficiary of aid under the state supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program has or acquires property of any kind or interest in any property, estate or claim of any kind, except moneys received for the replacement of real or personal property, the state of Connecticut shall have a claim subject to subsections (b) and (c) of this section, which shall have priority over all other unsecured claims and unrecorded encumbrances, against such beneficiary for the full amount paid, subject to the provisions of section 17b-94, as amended by this act, to him or on his behalf under said programs; and, in addition thereto, the parents of an aid to dependent children beneficiary, a state-administered general assistance beneficiary or a temporary family assistance beneficiary shall be liable to repay, subject to the provisions of [said] section 17b-94, as amended by this act, to the state the full amount of any such aid paid to or on behalf of either parent, his spouse, and his dependent child or children, as defined in section 17b-75. The state of Connecticut shall have a lien against property of any kind or interest in any property, estate or claim of any kind of the parents of an aid to dependent children beneficiary, in addition and not in substitution of its claim, for amounts owing under any order for support of any court or any family support magistrate, including any arrearage under such order, provided household goods and other personal property identified in section 52-352b, real property pursuant to section 17b-79, as long as such property is used as a home for the beneficiary and money received for the replacement of real or personal property, shall be exempt from such lien. |
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| 197 | | - | |
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| 198 | | - | Sec. 14. Section 17b-94 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011): |
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| 199 | | - | |
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| 200 | | - | (a) In the case of causes of action of beneficiaries of aid under the state supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program, subject to subsections (b) and (c) of section 17b-93, or of a parent [of a beneficiary of the aid to families with dependent children program, the temporary family assistance program or the state-administered general assistance program] liable to repay the state under the provisions of section 17b-93, as amended by this act, the claim of the state shall be a lien against the proceeds therefrom in the amount of the assistance paid or fifty per cent of the proceeds received by such beneficiary or such parent after payment of all expenses connected with the cause of action, whichever is less, for repayment under [said] section 17b-93, as amended by this act, and shall have priority over all other claims except attorney's fees for said causes, expenses of suit, costs of hospitalization connected with the cause of action by whomever paid over and above hospital insurance or other such benefits, and, for such period of hospitalization as was not paid for by the state, physicians' fees for services during any such period as are connected with the cause of action over and above medical insurance or other such benefits; and such claim shall consist of the total assistance repayment for which claim may be made under said programs. The proceeds of such causes of action shall be assignable to the state for payment of the amount due under [said] section 17b-93, as amended by this act, irrespective of any other provision of law. Upon presentation to the attorney for the beneficiary of an assignment of such proceeds executed by the beneficiary or his conservator or guardian, such assignment shall constitute an irrevocable direction to the attorney to pay the Commissioner of Administrative Services in accordance with its terms, except if, after settlement of the cause of action or judgment thereon, the Commissioner of Administrative Services does not inform the attorney for the beneficiary of the amount of lien which is to be paid to the Commissioner of Administrative Services within forty-five days of receipt of the written request of such attorney for such information, such attorney may distribute such proceeds to such beneficiary and shall not be liable for any loss the state may sustain thereby. |
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| 201 | | - | |
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| 202 | | - | (b) In the case of an inheritance of an estate by a beneficiary of aid under the state supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program, subject to subsections (b) and (c) of section 17b-93 or by a parent liable to repay the state under the provisions of section 17b-93, as amended by this act, fifty per cent of the assets of the estate payable to the beneficiary or such parent or the amount of such assets equal to the amount of assistance paid, whichever is less, shall be assignable to the state for payment of the amount due under [said] section 17b-93, as amended by this act. The state shall have a lien against such assets in the applicable amount specified in this subsection. The Court of Probate shall accept any such assignment executed by the beneficiary or parent or any such lien notice if such assignment or lien notice is filed by the Commissioner of Administrative Services with the court prior to the distribution of such inheritance, and to the extent of such inheritance not already distributed, the court shall order distribution in accordance [therewith] with such assignment or lien notice. If the Commissioner of Administrative Services receives any assets of an estate pursuant to any such assignment, the commissioner shall be subject to the same duties and liabilities concerning such assigned assets as the beneficiary or parent. |
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| 203 | | - | |
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| 204 | | - | Sec. 15. Section 17b-224 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011): |
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| 205 | | - | |
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| 206 | | - | A patient who is receiving or has received care in a state humane institution, his estate or both shall be liable to reimburse the state for any unpaid portion of per capita cost to the same extent as the liability of a public assistance beneficiary under sections 17b-93, as amended by this act, and 17b-95, subject to the same protection of a surviving spouse or dependent child as is [therein] provided in section 17b-95 and subject to the same limitations and the same assignment and lien rights as provided in section 17b-94, as amended by this act. |
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| 207 | | - | |
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| 208 | | - | Sec. 16. Section 20-572 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011): |
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| 209 | | - | |
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| 210 | | - | There shall be in the department a Commission of Pharmacy [which] that shall consist of six persons appointed by the Governor, subject to the provisions of section 4-9a, four of whom shall be pharmacists each actively engaged in the practice of pharmacy on a full-time basis during the term of such person's appointment in this state and two of whom shall be public members. At least two of the pharmacist members shall be community retail pharmacists, one from an independent retail setting and one from a chain retail setting, and at least one of the pharmacist members shall be a pharmacist employed on a full-time basis as a pharmacist in a hospital in the state during the term of such pharmacist member's appointment. Members of the commission may be selected from lists of individuals nominated by the Connecticut Pharmacists Association or by other professional associations of pharmacists or pharmacies. Any vacancy on the commission shall be filled by the Governor. |
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| 30 | + | The joint standing committee of the General Assembly having cognizance of matters relating to government administration, organization and reorganization shall be charged with the [duty and] responsibility of overseeing all government organization and reorganization and in particular any transfer, allocation or consolidation of any state department or agency. The committee shall have responsibility for continuing review of the organization and reorganization of state departments and agencies and may from time to time make recommendations to the General Assembly, in accordance with the provisions of section 11-4a, with regard to government organization and reorganization. |
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