General Assembly Governor's Bill No. 1009
January Session, 2011 LCO No. 3599
*03599__________*
Referred to Committee on Government Administration and Elections
Introduced by:
SEN. WILLIAMS, 29th Dist. SEN. LOONEY, 11th Dist. REP. DONOVAN, 84th Dist. REP. SHARKEY, 88th Dist.
General Assembly
Governor's Bill No. 1009
January Session, 2011
LCO No. 3599
*03599__________*
Referred to Committee on Government Administration and Elections
Introduced by:
SEN. WILLIAMS, 29th Dist.
SEN. LOONEY, 11th Dist.
REP. DONOVAN, 84th Dist.
REP. SHARKEY, 88th Dist.
AN ACT CREATING THE OFFICE OF GOVERNMENTAL ACCOUNTABILITY.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective July 1, 2011) (a) There is established the Office of Governmental Accountability. The department head shall be the executive director, who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, of the general statutes, as amended by this act, with the powers and duties as prescribed in said section 4-8.
(b) The Office of Governmental Accountability shall constitute a successor department to the Office of State Ethics, and within said office shall be the State Elections Enforcement Commission, the Freedom of Information Commission, Judicial Review Council and State Contracting Standards Board. The transfer of functions, personnel powers, duties, obligations, including, but not limited to, contract obligations, the continuance of orders and regulations, the effect upon pending actions and proceedings, the completion of unfinished business, and the transfer of records and property between the entities of (1) Office of State Ethics, State Elections Enforcement Commission, Freedom of Information Commission, Judicial Review Council and State Contracting Standards Board as such entities existed immediately prior to July 1, 2011, and (2) the Office of Governmental Accountability shall be governed by the provisions of sections 4-38d, 4-38e and 4-39 of the general statutes.
(c) The Office of Governmental Accountability is the designated agency to administer and enforce the code of state ethics, freedom of information requirements and campaign and election law requirements, to ensure that state contracting and procurement processes reflect the highest standards of integrity and efficiency and to investigate and resolve complaints alleging misconduct, disability, or substance abuse of state judges, family support magistrates and workers' compensation commissioners.
(d) The Office of Governmental Accountability shall adopt regulations in accordance with chapter 54 of the general statutes to carry out the provisions of sections 1, 2 and 21 of this act, sections 9-7a and 9-7b of the general statutes, as amended by this act, and chapters 10, 14, 26, 155 to 157, inclusive, and 872a of the general statutes.
(e) The executive director may employ necessary staff, within available appropriations. Such necessary staff of the Office of Governmental Accountability shall be in classified state service.
(f) The executive director 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 subject to the approval of the Attorney General in accordance with law.
(g) Except as otherwise limited by the provisions of chapter 10 of the general statutes, the executive director may accept contributions, grants, gifts, donations, services or other financial assistance from any governmental unit, any public agency or the private sector. The director is authorized to apply for, receive and distribute any federal or private funds or contributions available for training and education of personnel.
(h) The executive director may perform any other acts that may be necessary and appropriate to carry out the functions of the department as set forth in sections 1, 2 and 21 of this act, sections 9-7a and 9-7b of the general statutes, as amended by this act, and chapters 10, 14, 26, 155 to 157, inclusive, and 872a of the general statutes.
(i) The executive director shall submit to the Governor and the General Assembly an annual report relating to the activities, recommendations and accomplishments of the department, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 2. (NEW) (Effective July 1, 2011) (a) Within the Office of Governmental Accountability there shall be a legal affairs and enforcement division, a public affairs and services division and a business operations division.
(b) The legal affairs and enforcement division shall consist of such staff as hired by the executive director of the Office of General Accountability. The legal affairs and enforcement division shall investigate all complaints, provide advisory opinions and provide staff assistance to the Citizen's Ethics Advisory Board created pursuant to subsection (a) of section 1-80 of the general statutes, as amended by this act, the Judicial Review Council established under 51-51k of the general statutes, as amended by this act, and the State Elections Enforcement Commission established under section 9-7a of the general statutes, as amended by this act.
(c) The public affairs and services division shall consist of such staff as hired by the executive director and shall be responsible for contract management, providing staff support to the State Contracting Standards Board established under section 4e-2 of the general statutes, as amended by this act, and education on the code of ethics under chapter 10 of the general statutes, the Freedom of Information Act under chapter 14 of the general statutes, procurement practices and codes adopted under sections 4e-11 and 4e-12 of the general statutes, campaign finance disclosures under chapters 155 and 157 of the general statutes, and the Citizens' Election Program established under section 9-702 of the general statutes.
(d) The business operations division shall perform the administrative and business functions of the Office of Governmental Accountability.
Sec. 3. Subsection (a) of section 1-80 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) [There shall be an Office of State Ethics that shall be an independent state agency and shall constitute a successor agency to the State Ethics Commission, in accordance with the provisions of sections 4-38d and 4-39. Said office shall consist of an executive director, general counsel, ethics enforcement officer and such other staff as hired by the executive director. Within the Office of State Ethics,] Within the Office of Governmental Accountability, there shall be the Citizen's Ethics Advisory Board that shall consist of nine members, appointed as follows: One member shall be appointed by the speaker of the House of Representatives, one member by the president pro tempore of the Senate, one member by the majority leader of the Senate, one member by the minority leader of the Senate, one member by the majority leader of the House of Representatives, one member by the minority leader of the House of Representatives, and three members by the Governor. Members of the board shall serve for four-year terms which shall commence on October 1, 2005, except that members first appointed shall have the following terms: The Governor shall appoint two members for a term of three years and one member for a term of four years; the majority leader of the House of Representatives, minority leader of the House of Representatives and the speaker of the House of Representatives shall each appoint one member for a term of two years; the president pro tempore of the Senate, the majority leader of the Senate and the minority leader of the Senate shall each appoint one member for a term of four years. No individual shall be appointed to more than one four-year term as a member of the board, provided, members may not continue in office once their term has expired and members first appointed may not be reappointed. No more than five members shall be members of the same political party. The members appointed by the majority leader of the Senate and the majority leader of the House of Representatives shall be selected from a list of nominees proposed by a citizen group having an interest in ethical government. The majority leader of the Senate and the majority leader of the House of Representatives shall each determine the citizen group from which each will accept such nominations. One member appointed by the Governor shall be selected from a list of nominees proposed by a citizen group having an interest in ethical government. The Governor shall determine the citizen group from which the Governor will accept such nominations.
Sec. 4. Subsections (h) and (i) of section 1-80 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(h) The members and employees of the Citizen's Ethics Advisory Board and the Office of [State Ethics] Governmental Accountability shall adhere to the following code of ethics under which the members and employees shall: (1) Observe high standards of conduct so that the integrity and independence of the Citizen's Ethics Advisory Board and the Office of [State Ethics] Governmental Accountability may be preserved; (2) respect and comply with the law and conduct themselves at all times in a manner which promotes public confidence in the integrity and impartiality of the board and the Office of [State Ethics] Governmental Accountability; (3) be faithful to the law and maintain professional competence in the law; (4) be unswayed by partisan interests, public clamor or fear of criticism; (5) maintain order and decorum in proceedings of the board and Office of [State Ethics] Governmental Accountability; (6) be patient, dignified and courteous to all persons who appear [in] before the board or in the Office of [State Ethics] Governmental Accountability proceedings and with other persons with whom the members and employees deal in their official capacities; (7) refrain from making any statement outside of a board or Office of [State Ethics] Governmental Accountability proceeding, which would have a likelihood of prejudicing a board or Office of [State Ethics] Governmental Accountability proceeding; (8) refrain from making any statement outside of a board or Office of [State Ethics] Governmental Accountability proceeding that a reasonable person would expect to be disseminated by means of public communication if the member or employee should know that such statement would have a likelihood of materially prejudicing or embarrassing a complainant or a respondent; (9) preserve confidences of complainants and respondents; (10) exercise independent professional judgment on behalf of the board and Office of [State Ethics] Governmental Accountability; and (11) represent the board and Office of [State Ethics] Governmental Accountability competently.
(i) No member or employee of the board or Office of [State Ethics] Governmental Accountability may make a contribution, as defined in section 9-601a, to any person subject to the provisions of this part.
Sec. 5. Section 1-80e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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] Governmental Accountability; 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. 6. Section 1-81 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [board and general counsel and staff] legal affairs and enforcement division of the Office of [State Ethics] Governmental Accountability 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, as amended by this act, and statements filed by and with the [Office of State Ethics] office 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, as amended by this act, and statements and reports filed by and with the [board] Citizen's Ethics Advisory Board for a period of five years from the date of receipt;
(3) Upon the concurring vote of a majority of the [board] Citizen's Ethics Advisory 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; and
(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, 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 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] Governmental Accountability may employ necessary staff within available appropriations. Such necessary staff of the Office of [State Ethics] Governmental Accountability 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)] (c) There shall be a legal unit within the legal and enforcement division within the Office of [State Ethics] Governmental Accountability. The legal [division] unit shall provide the [board] Citizen's Ethics Advisory 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] unit shall [, under the direction of the general counsel,] provide information and written and verbal opinions to persons subject to the ethics 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] unit.
[(f)] (d) There shall be an enforcement unit within the legal and enforcement division within the Office of [State Ethics] Governmental Accountability. The enforcement [division] unit shall be responsible for investigating complaints brought to or by the [board] Citizen's Ethics Advisory Board. [The ethics enforcement officer, described in subsection (b) of this section, shall supervise the enforcement division.] The enforcement [division] unit 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)] (e) The [Citizen's Ethics Advisory Board] Office of Governmental Accountability 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] (f) The executive director of the Office of [State Ethics, the general counsel] Governmental Accountability 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. 7. Section 1-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) (1) Upon the complaint of any person on a form prescribed by the [board] Office of Governmental Accountability, signed under penalty of false statement, or upon its own complaint, the [ethics enforcement officer of] legal and enforcement division within the Office of [State Ethics] 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] office 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] office 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] Governmental Accountability 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 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] Governmental Accountability 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] Citizen's Ethics Advisory 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 affairs 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] Citizen's Ethics Advisory 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] Citizen's Ethics Advisory 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] 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] office.
Sec. 8. Section 1-81b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The Office of [State Ethics] Governmental Accountability shall develop a plain language summary of state ethics laws concerning (1) persons, firms and corporations submitting bids or proposals for state contracts, and (2) state contractors. The Office of [State Ethics] Governmental Accountability shall publish said summary on the Office of [State Ethics'] Governmental Accountability's web site.
Sec. 9. Section 1-81c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Not later than December 31, 2010, the Office of [State Ethics] Governmental Accountability shall [establish and] administer a program of mandatory training on the code of ethics for public officials as set forth in chapter 10. Such program shall provide such training to members of the General Assembly upon first election to the General Assembly, and for all members of the General Assembly every four years beginning in 2011, except that, in the event there is a significant revision of the code of ethics for public officials, as determined by the Joint Committee on Legislative Management, said committee shall request that the Office of [State Ethics] Governmental Accountability conduct a training for all members of the General Assembly before the date of the next regularly scheduled training.
Sec. 10. Section 1-82a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(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] 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] Governmental Accountability 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] Governmental Accountability 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] Governmental Accountability.
(c) Not later than three business days after the termination of the investigation, the Office of [State Ethics] 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] Governmental Accountability 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] 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 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. 11. Section 1-88 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [board] Citizen's Ethics Advisory Board, upon a finding made pursuant to section 1-82, as amended by this act, that there has been a violation of any provision of this part or section 1-101nn, shall have the authority to order the violator to do any or all of the following: (1) Cease and desist the violation of this part or section 1-101nn; (2) file any report, statement or other information as required by this part or section 1-101nn; and (3) pay a civil penalty of not more than ten thousand dollars for each violation of this part or section 1-101nn.
(b) Notwithstanding the provisions of subsection (a) of this section, the [board] Citizen's Ethics Advisory Board may, after a hearing conducted in accordance with sections 4-176e to 4-184, inclusive, upon the concurring vote of six of its members, present and voting impose a civil penalty not to exceed ten dollars per day upon any individual who fails to file any report, statement or other information as required by this part or section 1-101nn. Each distinct violation of this subsection shall be a separate offense and in case of a continued violation, each day thereof shall be deemed a separate offense. In no event shall the aggregate penalty imposed for such failure to file exceed ten thousand dollars.
(c) The [board] Citizen's Ethics Advisory Board may also report its finding to the Chief State's Attorney for any action deemed necessary. The board, upon a finding made pursuant to section 1-82, as amended by this act, that a member or member-elect of the General Assembly has violated any provision of this part or section 1-101nn, shall notify the appropriate house of the General Assembly, in writing, of such finding and the basis for such finding.
(d) Any person who knowingly acts in such person's financial interest in violation of section 1-84, 1-85, 1-86 or 1-86d or any person who knowingly receives a financial advantage resulting from a violation of any of said sections shall be liable for damages in the amount of such advantage. If the board determines that any person may be so liable, it shall immediately inform the Attorney General of that possibility.
(e) Any employee of the Office of [State Ethics] Governmental Accountability or member of the Citizen's Ethics Advisory Board who, in violation of this part or section 1-101nn, discloses information filed in accordance with subparagraph (F) of subdivision (1) of subsection (b) of section 1-83, shall be dismissed, if an employee, or removed from the board, if a member.
Sec. 12. Section 1-92 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [Citizen's Ethics Advisory Board] Office of Governmental Accountability 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. Not later than January 1, 1992, the board shall adopt regulations which further clarify the meaning of the terms "directly and personally received" and "major life event", as used in subsection (e) of section 1-79 and subsection (g) of section 1-91.
(b) The [general counsel and staff of the] Office of [State Ethics] Governmental Accountability shall compile and maintain an index of all reports and statements filed with the [Office of State Ethics] office under the provisions of this part and advisory opinions and informal staff letters issued by the board with regard to the requirements of this part, to facilitate public access to such reports, statements, letters and advisory opinions promptly upon the filing or issuance thereof.
(c) The [general counsel and staff of the] Office of [State Ethics] Governmental Accountability shall prepare quarterly and annual summaries of statements and reports filed with the [Office of State Ethics] office and advisory opinions and informal staff letters issued by the [Office of State Ethics] office.
(d) The [general counsel and staff of the] Office of [State Ethics] Governmental Accountability shall preserve advisory opinions and informal staff letters permanently and shall preserve memoranda, statements and reports filed by and with the [Office of State Ethics] office for a period of five years from the date of receipt.
(e) Upon the concurring vote of a majority of its members present and voting, the board shall 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 any person subject to the provisions of this part 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.
[(f) The Office of State Ethics shall report annually, prior to February fifteenth, to the Governor summarizing the activities of the Office of State Ethics.
(g) The Office of State Ethics shall employ necessary staff within available appropriations.]
Sec. 13. Section 1-93 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) (1) Upon the complaint of any person on a form prescribed by the Office of [State Ethics] Governmental Accountability, 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] 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] 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 [ethics enforcement officer of the Office of State Ethics] office 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. 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. 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. 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] 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] 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] enforcement unit 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 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] 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] Governmental Accountability shall not disclose the identity of such individual without such person's consent unless the Office of [State Ethics] Governmental Accountability determines that such disclosure is unavoidable during the course of an investigation.
Sec. 14. Section 1-96 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Each client lobbyist registrant shall file with the Office of [State Ethics] Governmental Accountability between the first and tenth day of April, July and January a financial report, signed under penalty of false statement. The April and July reports shall cover its lobbying activities during the previous calendar quarter and the January report shall cover its lobbying activities during the previous two calendar quarters. In addition to such reports, each client lobbyist registrant which attempts to influence legislative action shall file, under penalty of false statement, interim monthly reports of its lobbying activities for each month the General Assembly is in regular session, except that no monthly report shall be required for any month in which it neither expends nor agrees to expend one hundred dollars or more in furtherance of lobbying. Such interim monthly reports shall be filed with the Office of [State Ethics] Governmental Accountability no later than the tenth day of the month following the last day of the month reported. If the client lobbyist registrant is not an individual, an authorized officer or agent of the client lobbyist registrant shall sign the form. A communicator lobbyist for a municipality or any subdivision of a municipality, a branch of state government or any subdivision of state government or a quasi-public agency shall file the reports described in this subsection utilizing the client lobbyist reporting schedule.
(b) Each individual communicator lobbyist registrant and each business organization communicator lobbyist registrant shall file with the Office of [State Ethics] Governmental Accountability between the first and tenth day of January a report or reports, signed under penalty of false statement, reporting the amounts of compensation and reimbursement received from each of his clients during the previous year. In addition, each individual communicator lobbyist registrant and each business organization communicator lobbyist registrant shall: (1) Report the fundamental terms of contracts, agreements or promises to pay or receive compensation or reimbursement or to make expenditures in furtherance of lobbying, including the categories of work to be performed and the dollar value or compensation rate of the contract, at the time of registration; (2) report, in accordance with the schedule set forth in subsection (a) of this section, any amendments to these fundamental terms, including any agreements to subcontract lobbying work; and (3) report, in accordance with the provisions of subsection (a) of this section, any expenditures for the benefit of a public official in the legislative or executive branch or a member of the staff or immediate family of such official which are unreimbursed and required to be itemized. Such report shall not include the disclosure of food and beverage provided by a communicator lobbyist registrant to a public official in the legislative or executive branch or a member of his staff or immediate family at a major life event, as defined by the Citizen's Ethics Advisory Board, of the registrant. All such information shall be reported under penalty of false statement.
(c) An individual communicator lobbyist registrant shall file a separate report for each person from whom he received compensation or reimbursement. Notwithstanding any provision of this subsection to the contrary, a business organization to which one or more individual communicator lobbyist registrants belong may file a single report for each client lobbyist in lieu of any separate reports that individual registrants are required to file pursuant to this subsection.
(d) Each registrant who files a notice of termination under subsection (c) of section 1-95 shall file with the Office of [State Ethics] Governmental Accountability a financial report, under penalty of false statement, between the first and tenth day of January of the year following termination.
(e) Each client lobbyist registrant financial report shall be on a form prescribed by the board and shall state expenditures made and the fundamental terms of contracts, agreements or promises to pay compensation or reimbursement or to make expenditures in furtherance of lobbying. Any such fundamental terms shall be reported once in the monthly, quarterly or post-termination report next following the entering into of such contract. Such financial report shall include an itemized statement of each expenditure of ten dollars or more per person for each occasion made by the reporting registrant or a group of registrants which includes the reporting registrant for the benefit of a public official in the legislative or executive branch, a member of his staff or immediate family, itemized by date, beneficiary, amount and circumstances of the transaction. The requirement of an itemized statement shall not apply to an expenditure made by a reporting registrant or a group of registrants which includes the reporting registrant for (1) the benefit of the members of the General Assembly at an event that is a reception to which all such members are invited or all members of a region of the state, as such term is used in subdivision (11) of subsection (g) of section 1-91, are invited, unless the expenditure is thirty dollars or more per person, or (2) benefits personally and directly received by a public official or state employee at a charitable or civic event at which the public official or state employee participates in his official capacity, unless the expenditure is thirty dollars or more per person, per event. If the compensation is required to be reported for an individual whose lobbying is incidental to his regular employment, it shall be sufficient to report a prorated amount based on the value of the time devoted to lobbying. On the first financial report following registration each client lobbyist registrant shall include any expenditures incident to lobbying activities which were received or expended prior to registration and not previously reported to the Office of [State Ethics] Governmental Accountability.
(f) The [Citizen's Ethics Advisory Board] Office of Governmental Accountability shall, by regulations adopted in accordance with chapter 54, establish minimum amounts for each item required to be reported, below which reporting may be made in the aggregate. The provisions of this subsection shall not apply to expenditures made for the benefit of a public official or a member of such person's staff or immediate family.
(g) Each former registrant shall (1) report receipts or expenditures incident to lobbying activities during his period of registration which are received or expended following termination of registration and (2) report each expenditure of ten dollars or more per person for each occasion made by him for the benefit of a public official or a member of such official's immediate family or staff which occurs within six months after termination of registration.
(h) The Office of [State Ethics] Governmental Accountability shall, within thirty days after receipt of a financial report which contains the name of a public official in the legislative or executive branch or a member of such official's staff or immediate family, send a written notice to such public official, of the filing of the report and the name of the person who filed it.
Sec. 15. Section 1-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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] Office of Governmental Accountability.
Sec. 16. Section 1-205 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) [There] Within the Office of Governmental Accountability, there shall be a Freedom of Information Commission consisting of five members appointed by the Governor, with the advice and consent of either house of the General Assembly, who shall serve for terms of four years from the July first of the year of their appointment, except that of the members appointed prior to and serving on July 1, 1977, one shall serve for a period of six years from July 1, 1975, one shall serve for a period of four years from July 1, 1975, and one shall serve for a period of six years from July 1, 1977. Of the two new members first appointed after July 1, 1977, one shall serve from the date of such appointment until June 30, 1980, and one shall serve from the date of such appointment until June 30, 1982. No more than three members shall be members of the same political party.
(b) Each member shall receive two hundred dollars per day for each day such member is present at a commission hearing or meeting, and shall be entitled to reimbursement for actual and necessary expenses incurred in connection therewith, in accordance with the provisions of section 4-1.
(c) The Governor shall select one of its members as a chairman. The commission shall maintain a permanent office [at Hartford] in such suitable space as the Commissioner of Public Works provides. All papers required to be filed with the commission shall be delivered to such office.
(d) The commission shall, subject to the provisions of the Freedom of Information Act promptly review the alleged violation of said Freedom of Information Act and issue an order pertaining to the same. [Said commission] The legal affairs and enforcement division of the Office of Governmental Accountability shall have the power to investigate all alleged violations of said Freedom of Information Act and may for the purpose of investigating any violation hold a hearing, administer oaths, examine witnesses, receive oral and documentary evidence, have the power to subpoena witnesses under procedural rules adopted by the commission to compel attendance and to require the production for examination of any books and papers which the commission deems relevant in any matter under investigation or in question. In case of a refusal to comply with any such subpoena or to testify with respect to any matter upon which that person may be lawfully interrogated, the superior court for the judicial district of Hartford, on application of the commission, may issue an order requiring such person to comply with such subpoena and to testify; failure to obey any such order of the court may be punished by the court as a contempt thereof.
(e) The [Freedom of Information Commission] Office of Governmental Accountability, and the Department of Information Technology with respect to access to and disclosure of computer-stored public records, shall conduct training sessions, at least annually, for members of public agencies for the purpose of educating such members as to the requirements of sections 1-7 to 1-14, inclusive, 1-16 to 1-18, inclusive, 1-200 to 1-202, inclusive, 1-205, 1-206, 1-210 to 1-217, inclusive, 1-225 to 1-232, inclusive, 1-240, 1-241 and 19a-342.
(f) Not later than December 31, [2001] 2010, the [Freedom of Information Commission] Office of Governmental Accountability shall create, publish and provide to the chief elected official of each municipality a model ordinance concerning the establishment by any municipality of a municipal freedom of information advisory board to facilitate the informed and efficient exchange of information between the commission and such municipality. The commission may amend the model ordinance from time to time.
(g) When the General Assembly is in session, the Governor shall have the authority to fill any vacancy on the commission, with the advice and consent of either house of the General Assembly. When the General Assembly is not in session any vacancy shall be filled pursuant to the provisions of section 4-19. A vacancy in the commission shall not impair the right of the remaining members to exercise all the powers of the commission and three members of the commission shall constitute a quorum.
[(h) The commission shall, subject to the provisions of chapter 67, employ such employees as may be necessary to carry out the provisions of this chapter. 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.]
[(i)] (h) The Freedom of Information Commission shall not be construed to be a commission or board within the meaning of section 4-9a.
Sec. 17. Subsection (b) of section 1-206 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(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] Office of Governmental Accountability, by filing a notice of appeal with said [commission] office. 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] office 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, the [commission] office 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] office. 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 [commission] office 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] Office of Governmental Accountability 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 [commission] office 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] office 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. 18. Subsection (f) of section 1-212 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(f) The Secretary of the State, after consulting with the [chairperson of the Freedom of Information Commission] executive director of the Office of Governmental Accountability, 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.
Sec. 19. Section 4e-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) [There] Within the Office of Governmental Accountability there is established a State Contracting Standards Board that shall consist of fourteen members appointed as follows: Eight members by the Governor, two members by the speaker of the House of Representatives, two members by the president pro tempore of the Senate, one member by the majority leader of the Senate and one member by the majority leader of the House of Representatives. In the event that the party of the Governor also controls both houses of the General Assembly, the board shall be appointed as follows: Eight members by the Governor, one member by the president pro tempore of the Senate, one member by the speaker of the House of Representatives, one member by the majority leader of the Senate, one member of the majority leader of the House of Representatives, one member by the minority leader of the Senate and one member by the minority leader of the House of Representatives.
(b) Each member shall have demonstrated sufficient knowledge by education, training or experience in one or more of the following enumerated areas: (1) Procurement; (2) contract negotiation, selection and drafting; (3) contract risk assessment; (4) competitive bidding and proposal procedures; (5) real estate transactions, including the purchase, sale and lease of real estate and buildings; (6) building construction and architecture; (7) business insurance and bonding; (8) ethics in public contracting; (9) federal and state statutes, procurement policies and regulations; (10) outsourcing and privatization analysis; (11) small and minority business enterprise development; (12) engineering and information technologies; (13) human services; and (14) personnel and labor relations, provided such education, training or experience was acquired over not less than a continuous five-year period within the ten-year period preceding such appointment.
(c) The chairperson of the board shall be appointed by the Governor. The terms of the members shall be coterminous with the terms of the appointing authority for each member and subject to the provisions of section 4-1a. If any vacancy occurs on the board, the appointing authority having the power to make the appointment under the provisions of this section shall appoint a person in accordance with the provisions of this section.
(d) The State Contracting Standards Board shall be an independent body within the [Executive Department] public affairs and services division of the Office of Governmental Accountability.
(e) The chairperson of the board and other members of the board shall be compensated two hundred dollars per diem. No person shall serve on the board who is a state or municipal employee. No board member or any spouse, child, stepchild, parent or sibling of such board member shall be directly involved in any enterprise that does business with the state.
(f) The [Governor shall appoint an] executive director of the [board who] Office of Governmental Accountability shall serve as an ex-officio, nonvoting member of the [board. The executive director shall be appointed in accordance with the provisions of section 4-7 and may be removed from office for reasonable cause, in accordance with chapter 67. The board shall, annually, conduct a performance evaluation of such executive director.] State Contracting Standards Board. The executive director shall [report to the chairperson of the board and, in consultation with the Chief Procurement Officer,] (1) conduct comprehensive planning with respect to the administrative functions of the board; (2) coordinate the budget and personnel activities of the board; (3) cause the administrative organization of the board to be examined with a view to promoting economy and efficiency; (4) act as the external liaison for the board; and (5) execute such other duties as may be assigned by the chairperson of the board or the board, as applicable. [The executive director may enter into such contractual agreements as may be necessary for the discharge of the director's duties.]
[(g) The board shall appoint a Chief Procurement Officer for a term not to exceed six years, unless reappointed pursuant to the provisions of this subsection. The Chief Procurement Officer shall report to the board and annually be evaluated by, and serve at the pleasure of, the board. For administrative purposes only, the Chief Procurement Officer shall be supervised by the executive director.
(1) The Chief Procurement Officer shall be responsible for carrying out the policies of the board relating to procurement including, but not limited to, oversight, investigation, auditing, agency procurement certification and procurement and project management training and enforcement of said policies as well as the application of such policies to the screening and evaluation of current and prospective contractors. The Chief Procurement Officer may enter into such contractual agreements as may be necessary for the discharge of the duties as set forth in this subsection and by the board, including, but not limited to, recommending best practices and providing operational and administrative assistance to state agencies determined, by the board, to be in violation of sections 4e-16 to 4e-47, inclusive.]
[(2) In addition to the duties set forth by the board, the Chief Procurement Officer] (g) The Office of Governmental Accountability shall [(A)] (1) oversee state contracting agency compliance with the provisions of statutes and regulations concerning procurement; [(B)] (2) monitor and assess the performance of the procurement duties of each agency procurement officer; [(C)] (3) administer the certification system and monitor the level of agency compliance with the requirements of statutes and regulations concerning procurement, including, but not limited to, the education and training, performance and qualifications of agency procurement officers; [(D)] (4) review and monitor the procurement processes of each state contracting agency, quasi-public agencies and institutions of higher education; and [(E)] (5) serve as chairperson of the Contracting Standards Advisory Council and an ex-officio member of the Vendor and Citizen Advisory Panel.
(h) The [board] State Contracting Standards Board may contract with consultants and professionals on a temporary or project by project basis and may employ, subject to the provisions of chapter 67, such employees as may be necessary to carry out the provisions of this section.
[(i) The reasonable expenses of the State Contracting Standards Board and its employees shall be paid from the budget of the board, upon the approval of the board.]
[(j)] (i) No employee of the [State Contracting Standards Board] Office of Governmental Accountability public affairs and services division shall hold another state or municipal position. No nonclerical employee of the board or any spouse, child, stepchild, parent or sibling of such employee, shall be associated with an enterprise that does business with the state. For purposes of this subsection, "associated with" means "business with which he is associated", as defined in section 1-79. Each member and employee of the [State Contracting Standards Board] public affairs and services division shall file [, with the board and with the Office of State Ethics,] with the executive director of the Office of Governmental Accountability a statement of financial interests, as described in section 1-83. Such statement shall be a public record. [Such statements for the preceding calendar year shall be filed with the Office of State Ethics, as required by law, if such employee or member held such a position during the preceding calendar year.]
[(k)] (j) Any violation of the provisions of subsection (j) of this section shall constitute a violation of part I of chapter 10 and may be the subject of a complaint and investigation filed and conducted in accordance with the provisions of section 1-82, as amended by this act.
[(l) The board shall adopt such rules as it deems necessary for the conduct of its internal affairs, in accordance with section 4-167, including, but not limited to, rules of procedure for any audit undertaken pursuant to section 4e-6.]
[(m)] (k) Eight members of the board, including not less than one member appointed by a legislative leader, shall constitute a quorum which shall be required for the transaction of business by the [board] State Contracting Standards Board.
Sec. 20. Section 4e-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Except as otherwise provided in the general statutes, the [board] State Contracting Standards Board shall have the following authority and responsibilities with respect to procurements by state contracting agencies:
(a) Recommend the repeal of repetitive, conflicting or obsolete statutes concerning state procurement;
(b) Review and make recommendations concerning proposed legislation and regulations concerning procurement, management, control, and disposal of any and all supplies, services, and construction to be procured by the state, including, but not limited to:
(1) Conditions and procedures for delegation of procurement authority;
(2) Prequalification, suspension, debarment and reinstatement of prospective bidders and contractors;
(3) Small purchase procedures;
(4) Conditions and procedures for the procurement of perishables and items for resale;
(5) Conditions and procedures for the use of source selection methods authorized by statutes and regulations concerning procurement;
(6) Conditions and procedures for the use of emergency procurements;
(7) Conditions and procedures for the selection of contractors by processes or methods that restrict full and open competition;
(8) The opening or rejection of bids and offers, and waiver of errors in bids and offers;
(9) Confidentiality of technical data and trade secrets submitted by actual or prospective bidders;
(10) Partial, progressive and multiple awards;
(11) Supervision of storerooms and inventories, including determination of appropriate stock levels and the management, transfer, sale or other disposal of publicly-owned supplies;
(12) Definitions and classes of contractual services and procedures for acquiring such services;
(13) Regulations providing for conducting cost and price analysis;
(14) Use of payment and performance bonds;
(15) Guidelines for use of cost principles in negotiations, adjustments and settlements; and
(16) Identification of procurement best practices;
(c) [Adopt] Recommend to the Office of Governmental Accountability the adoption of regulations, pursuant to chapter 54, to carry out the provisions of statutes concerning procurement, in order to facilitate consistent application of the law and require the implementation of procurement best practices;
(d) Make recommendations with regard to information systems for state procurement including, but not limited to, data element and design and the State Contracting Portal;
(e) [Develop a guide] Approve the guide developed by the Office of Governmental Accountability to state statutes and regulations concerning procurement, for use by all state contracting agencies;
[(f) Assist state contracting agencies in complying with the statutes and regulations concerning procurement by providing guidance, models, advice and practical assistance to state contracting agency staff relating to: (1) Buying the best service at the best price, (2) properly selecting contractors, and (3) drafting contracts that achieve state goals of accountability, transparency and results based outcomes and to protect taxpayers' interest;
(g) Train and oversee the agency procurement officer of each state contracting agency and any contracting officers thereunder;
(h) Review and certify, on or after January 1, 2009, that a state contracting agency's procurement processes are in compliance with statutes and regulations concerning procurement by:
(1) Establishing procurement and project management education and training criteria and certification procedures for agency procurement officers and contracting officers. All agency procurement officers and contracting officers designated under this provision shall be required to maintain the certification in good standing at all times while performing procurement functions;
(2) Approving an ethics training course, in consultation with the Office of State Ethics, including, but not limited to, state employees involved in procurement and for state contractors and substantial subcontractors who are prequalified pursuant to chapter 58a. Such ethics training course may be developed and provided by the Office of State Ethics or by any person, firm or corporation provided such course is approved by the State Contracting Standards Board;
(i) Recertify each state contracting agency's procurement processes, triennially, and provide agencies with notice of any certification deficiency and exercise those powers authorized by section 4e-34, 4e-39 or 4e-40, as applicable, if a determination of noncompliance is made;
(j) Define the contract data reporting requirements to the board for state agencies concerning information on: (1) The number and type of state contracts of each state contracting agency currently in effect state-wide; (2) the term and dollar value of such contracts; (3) a list of client agencies; (4) a description of services purchased under such contracts; (5) contractor names; (6) an evaluation of contractor performance, including, but not limited to records pertaining to the suspension or disqualification of contractors, and assuring such information is available on the State Contracting Portal; and (7) a list of contracts and contractors awarded without full and open competition stating the reasons for and identifying the approving authority; and
(k) Provide the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to government administration with recommendations concerning the statutes and regulations concerning procurement.]
Sec. 21. (NEW) (Effective July 1, 2011) The Office of Governmental Accountability public affairs and services division shall:
(1) (A) Assist state contracting agencies in complying with the statutes and regulations concerning procurement by providing guidance, models, advice and practical assistance to state contracting agency staff relating to: (i) Buying the best service at the best price, (ii) properly selecting contractors, and (iii) drafting contracts that achieve state goals of accountability, transparency and results based outcomes and to protect taxpayers' interest;
(B) Train and oversee the agency procurement officer of each state contracting agency and any contracting officers under such agencies;
(C) Review and certify, on or after January 1, 2012, that a state contracting agency's procurement processes are in compliance with statutes and regulations concerning procurement by:
(2) Establish procurement and project management education and training criteria and certification procedures for agency procurement officers and contracting officers. All agency procurement officers and contracting officers designated under this provision shall be required to maintain the certification in good standing at all times while performing procurement functions;
(3) Approving an ethics training course, in consultation with the legal affairs and enforcement division, including, but not limited to, state employees involved in procurement and for state contractors and substantial subcontractors who are prequalified pursuant to chapter 58a of the general statutes. Such ethics training course may be developed and provided by the Office of Governmental Accountability or by any person, firm or corporation provided such course is approved by the State Contracting Standards Board;
(4) Recertify each state contracting agency's procurement processes, triennially, and provide agencies with notice of any certification deficiency and exercise powers authorized by section 4e-34 of the general statutes, 4e-39 of the general statutes or 4e-40 of the general statutes, as applicable, if a determination of noncompliance is made;
(5) Define the contract data reporting requirements to the board for state agencies concerning information on: (A) The number and type of state contracts of each state contracting agency currently in effect state-wide; (B) the term and dollar value of such contracts; (C) a list of client agencies; (D) a description of services purchased under such contracts; (E) contractor names; (F) an evaluation of contractor performance, including, but not limited to, records pertaining to the suspension or disqualification of contractors, and assuring such information is available on the State Contracting Portal; and (G) a list of contracts and contractors awarded without full and open competition stating the reasons for and identifying the approving authority.
Sec. 22. Section 4e-5 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) (1) The head of each state contracting agency shall appoint an agency procurement officer. Such officer shall serve as the liaison between the agency and the [Chief Procurement Officer] executive director of the Office of Governmental Accountability on all matters relating to the agency's procurement activity, including, but not limited to, implementation and compliance with the provisions of statutes and regulations concerning procurement and any policies or regulations adopted by the board, coordination of the training and education of agency procurement employees and any person serving on the Contracting Standards Advisory Council;
(2) The agency procurement officer shall be responsible for assuring that contractors are properly screened prior to the award of a contract, evaluating contractor performance during and at the conclusion of a contract, submitting written evaluations to a central data repository to be designated by the board and creating a project management plan for the agency with annual reports to the board pertaining to procurement projects within the agency.
(b) The [State Contracting Standards Board] Office of Governmental Accountability, with the advice and assistance of the Commissioner of Administrative Services, shall develop a standardized state procurement and project management education and training program. Such education and training program shall develop education, training and professional development opportunities for employees of state contracting agencies charged with procurement responsibilities. The program shall educate such employees in general business acumen and on proper purchasing procedures as established in statutes and regulations concerning procurement with an emphasis on ethics, fairness, consistency and project management. Participation in the program shall be required of any supervisory and nonsupervisory state employees in state contracting agencies with responsibility for buying, purchasing, renting, leasing or otherwise acquiring any supplies, service or construction, including the preparation of the description of requirements, selection and solicitation of sources, preparation and award of contracts and all phases of contract administration.
(c) The program shall include, but shall not be limited to (1) training and education concerning federal, state and municipal procurement processes, including the statutes and regulations concerning procurement; (2) training and education courses developed in cooperation with [the Office of State Ethics, the Freedom of Information Commission, the State Elections Enforcement Commission,] the Commission on Human Rights and Opportunities, the office of the Attorney General and any other state agency the board determines is necessary in carrying out statutes and regulations concerning procurement; (3) providing technical assistance to state contracting agencies and municipalities for implementing statutes and regulations concerning procurement, regulations, policies and standards developed by the board; (4) training to current and prospective contractors and vendors and others seeking to do business with the state; and (5) training and education of state employees in the area of best procurement practices in state purchasing with the goal of achieving the level of acumen necessary to achieve the objectives of statutes and regulations concerning procurement.
(d) Any employee who completes the program established under subsection (b) of this section shall be issued documentation by the board acknowledging such employee's participation in the program. The board shall submit an annual report to the Governor and the General Assembly on the status of such program in accordance with section 11-4a.
[(e) The board shall adopt regulations, in accordance with the provisions of chapter 54, to develop and implement the training and education program established under subsection (b) of this section.]
Sec. 23. Subsections (a) and (b) of section 4e-7 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) For cause, the [State Contracting Standards Board] Office of Governmental Accountability may review, terminate or recommend to a state contracting agency the termination of any contract or procurement agreement undertaken by any state contracting agency after providing fifteen days' notice to the state contracting agency and the applicable contractor, and consulting with the Attorney General. Such termination of a contract or procurement agreement by the [board] State Contracting Standards Board may occur only after (1) the board has consulted with the contracting agency to determine the impact of an immediate termination of the contract, (2) a determination has been made jointly by the board and the contracting agency that an immediate termination of the contract will not create imminent peril to the public health, safety or welfare, (3) a vote of two-thirds of the members of the board present and voting for that purpose, and (4) the board has provided the state contracting agency and the contractor with opportunity for a hearing conducted pursuant to the provisions of chapter 54. Such action shall be accompanied by notice to the state contracting agency and any other affected party. For the purpose of this section, "for cause" means: (A) A violation of section 1-84 or 1-86e, as determined by the Citizen's Ethics Advisory Board; (B) wanton or reckless disregard of any state contracting and procurement process by any person substantially involved in such contract or state contracting agency; or (C) notification from the Attorney General to the state contracting agency that an investigation pursuant to section 4-61dd has concluded that the process by which such contract was awarded was compromised by fraud, collusion or any other criminal violation. Nothing in this section shall be construed to limit the authority of the [board] State Contracting Standards Board as described in section 4e-6.
(b) Following consultation with the state contracting agency and upon providing fifteen days' notice and the opportunity for a hearing, the [State Contracting Standards Board] Office of Governmental Accountability may restrict or terminate the authority of any state contracting agency to enter into any contract or procurement agreement if: (1) The board, upon a vote of two-thirds of the members of the [board] State Contracting Standards Board present and voting for such purpose, determines that such state contracting agency failed to comply with statutory contracting and procurement requirements and evidenced a reckless disregard for applicable procedures and policy; and (2) such limitation, restriction or termination of authority is in the state's best interest, provided the board has made arrangements for the exercise of the contracting power of such agency during the period of limitation, restriction or termination. Such limitation, restriction or termination of authority shall remain in effect until such time as the board determines that such state contracting agency has implemented corrective measures and demonstrated compliance with statutes and regulations concerning procurement.
Sec. 24. Section 4e-8 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
There is established a Contracting Standards Advisory Council, which shall consist of representatives from the Office of Governmental Accountability, the Office of Policy and Management, Departments of Administrative Services, Transportation, Public Works and Information Technology and representatives of at least three additional contracting agencies, including at least one human services related state agency, designated by the Governor. The [Chief Procurement Officer] executive director of the Office of Governmental Accountability 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] Office of Governmental Accountability.
Sec. 25. Subsection (a) of section 4e-16 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Prior to entering any privatization contract for the privatization of a state service that is not currently privatized, the state contracting agency shall develop a cost-benefit analysis in accordance with the provisions of subsection (b) of this section. Such requirement shall not apply to a privatization contract for a service currently provided, in whole or in part, by a non-state entity. Any affected party may petition the [State Contracting Standards Board] Office of Governmental Accountability for review of such privatization contract, in accordance with the provisions of subsections (f) to (h), inclusive, of this section.
Sec. 26. Subsection (e) of section 4e-16 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(e) Upon the completion of such business case, the state contracting agency shall submit the business case to the [State Contracting Standards Board] Office of Governmental Accountability. For any privatization contract with a projected cost that exceeds one hundred fifty million dollars annually or six hundred million dollars over the life of such contract, the state contracting agency shall also submit such business case to the Governor, the president pro tempore of the Senate, the speaker of the House of Representatives, and any collective bargaining unit affected by the proposed privatization contract.
Sec. 27. Subsections (m) and (n) of section 4e-16 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(m) The Office of Policy and Management, in consultation with the [State Contracting Standards Board] Office of Governmental Accountability, shall: (1) Develop policies and procedures, including templates for use by state contracting agencies for the development of a cost-benefit analysis, as described in subsection (b) of this section, and (2) review with each state contracting agency the budgetary impact of any such privatization contract and the need to request budget adjustments in connection with any such privatization contract.
(n) The [State Contracting Standards Board] Office of Governmental Accountability, in consultation with the Department of Administrative Services, shall: (1) Recommend and implement standards and procedures for state contracting agencies to develop business cases in connection with privatization contracts, including templates for use by state contracting agencies when submitting business cases to the board, and policies and procedures to guide state contracting agencies to complete such business cases, and (2) develop guidelines and procedures for assisting state employees whose jobs are affected by a privatization contract.
Sec. 28. Section 4e-38 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The State Contracting Standards Board shall issue a decision in writing or take other appropriate action on each appeal submitted pursuant to section 4e-37. [A copy of any decision shall be provided to all parties, the department head of the state contracting agency and the Chief Procurement Officer.]
Sec. 29. Section 9-7a of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) [There] Within the Office of Governmental Accountability, there is established a State Elections Enforcement Commission to consist of five members, not more than two of whom shall be members of the same political party and at least one of whom shall not be affiliated with any political party. Of the members first appointed hereunder, one shall be appointed by the minority leader of the House of Representatives and shall hold office for a term of one year from July 1, 1974; one shall be appointed by the minority leader of the Senate and shall hold office for a term of three years from said July first; one shall be appointed by the speaker of the House of Representatives and shall hold office for a term of one year from said July first; one shall be appointed by the president pro tempore of the Senate and shall hold office for a term of three years from said July first, and one shall be appointed by the Governor, provided that such member shall not be affiliated with any political party, and shall hold office for a term of five years from said July first. Thereafter, members shall be appointed for terms of five years from July first in the year of their appointment and shall be appointed by the person holding the same office as was held by the person making the original appointment, provided any person chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. All appointments shall be made with the consent of the state Senate and House of Representatives, provided the initial appointees may serve without confirmation from July 1, 1974, subject to approval at the next regular session of the General Assembly. No person who has served within the previous three years as a public official, other than a member of the State Elections Enforcement Commission, or who has served within the previous three years as a political party officer, shall be appointed to membership on the commission. For purposes of this subsection the term "public official" means an individual who holds or has held a state, district or municipal office as defined in section 9-372 but shall not include a justice of the peace or a notary public and the term "political party officer" means an officer or member of a national committee of a political party, state central or town committee, or any person employed by any such committee for compensation. The commission shall elect one of its members to serve as chairperson and another member to serve as vice-chairperson. Each member of the commission shall be compensated at the rate of two hundred dollars per day for any day on which [he] the member participates in a regular commission meeting or hearing, and shall be paid by the state for [his] the member's reasonable expenses. [, including necessary stenographic and clerical help.]
(b) A vacancy in the commission shall not impair the right of the remaining members to exercise all the powers of the commission, and three members of said commission shall constitute a quorum.
[(c) The commission shall at the close of each fiscal year report to the General Assembly and the Governor concerning the action it has taken including, but not limited to, a list of all complaints investigated by the commission and the disposition of each such complaint, by voting districts, where the alleged violation occurred; the names, salaries and duties of the individuals in its employ and the money it has disbursed; and shall make such further reports on the matters within its jurisdiction and such recommendations for further legislation as may appear desirable.]
[(d) The commission shall, subject] (c) Subject to the provisions of chapter 67, [employ such employees as may be] the Office of Governmental Accountability may, when necessary to carry out the provisions of this section, section 9-7b and section 9-623, [and may] apply to the Commissioner of Public Safety or to the Chief State's Attorney for necessary investigatory personnel, which the same are hereby authorized to provide.
[(e)] (d) Notwithstanding the provisions of sections 5-266a and 5-266b, no member or employee [of the commission] shall (1) be a candidate in any primary or election, (2) hold any elected public office, provided a member or employee of the commission who holds an elected public office as of October 1, 1994, may continue to hold such office prior to April 1, 1995, (3) be a political party officer, as defined in subsection (a) of this section, or (4) hold any office of any committee, as defined in section 9-601. The members and employees [of the commission] shall otherwise be subject to the provisions of sections 5-266a and 5-266b.
[(f)] (e) The commission shall not be construed to be a board or commission within the meaning of section 4-9a.
[(g)] (f) In the case of a written complaint filed with the commission pursuant to section 9-7b, as amended by this act, on or after January 1, 1988, if the commission does not, by the sixtieth day following receipt of the complaint, either issue a decision or render its determination that probable cause or no probable cause exists for one or more violations of state election laws, the complainant or respondent may apply to the superior court for the judicial district of Hartford for an order to show cause why the commission has not acted upon the complaint and to provide evidence that the commission has unreasonably delayed action. Such proceeding shall be privileged with respect to assignment for trial. The commission shall appear and give appropriate explanation in the matter. The court may, in its discretion, order the commission to: (1) Continue to proceed pursuant to section 9-7b, as amended by this act, (2) act by a date certain or (3) refer the complaint to the Chief State's Attorney. Nothing in this subsection shall require the commission, in any proceeding brought pursuant to this subsection, to disclose records or documents which are not required to be disclosed pursuant to subsection (b) of section 1-210. Nothing in this subsection shall preclude the commission from continuing its investigation or taking any action permitted by section 9-7b, as amended by this act, unless otherwise ordered by the court. The commission or any other party may, within seven days after a decision by the court under this subsection, file an appeal of the decision with the Appellate Court.
Sec. 30. Section 9-7b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The State Elections Enforcement Commission shall have the following duties and powers:
[(1) To make investigations on its own initiative or with respect to statements filed with the commission by the Secretary of the State or any town clerk, or upon written complaint under oath by any individual, with respect to alleged violations of any provision of the general statutes relating to any election or referendum, any primary held pursuant to section 9-423, 9-425 or 9-464 or any primary held pursuant to a special act, and to hold hearings when the commission deems necessary to investigate violations of any provisions of the general statutes relating to any such election, primary or referendum, and for the purpose of such hearings the commission may administer oaths, examine witnesses and receive oral and documentary evidence, and shall have the power to subpoena witnesses under procedural rules the commission shall adopt, to compel their attendance and to require the production for examination of any books and papers which the commission deems relevant to any matter under investigation or in question. In connection with its investigation of any alleged violation of any provision of chapter 145, or of any provision of section 9-359 or section 9-359a, the commission shall also have the power to subpoena any municipal clerk and to require the production for examination of any absentee ballot, inner and outer envelope from which any such ballot has been removed, depository envelope containing any such ballot or inner or outer envelope as provided in sections 9-150a and 9-150b and any other record, form or document as provided in section 9-150b, in connection with the election, primary or referendum to which the investigation relates. In case of a refusal to comply with any subpoena issued pursuant to this subsection or to testify with respect to any matter upon which that person may be lawfully interrogated, the superior court for the judicial district of Hartford, on application of the commission, may issue an order requiring such person to comply with such subpoena and to testify; failure to obey any such order of the court may be punished by the court as a contempt thereof. In any matter under investigation which concerns the operation or inspection of or outcome recorded on any voting machine, the commission may issue an order to the municipal clerk to impound such machine until the investigation is completed;]
[(2)] (1) To levy a civil penalty not to exceed (A) two thousand dollars per offense against any person the commission finds to be in violation of any provision of chapter 145, part V of chapter 146, part I of chapter 147, chapter 148, section 7-9, section 9-12, subsection (a) of section 9-17, section 9-19b, 9-19e, 9-19g, 9-19h, 9-19i, 9-20, 9-21, 9-23a, 9-23g, 9-23h, 9-23j to 9-23o, inclusive, 9-23r, 9-26, 9-31a, 9-32, 9-35, 9-35b, 9-35c, 9-40a, 9-42, 9-43, 9-50a, 9-56, 9-59, 9-168d, 9-170, 9-171, 9-172, 9-232i to 9-232o, inclusive, 9-404a to 9-404c, inclusive, 9-409, 9-410, 9-412, 9-436, 9-436a, 9-453e to 9-453h, inclusive, 9-453k or 9-453o, (B) two thousand dollars per offense against any town clerk, registrar of voters, an appointee or designee of a town clerk or registrar of voters, or any other election or primary official whom the commission finds to have failed to discharge a duty imposed by any provision of chapter 146 or 147, (C) two thousand dollars per offense against any person the commission finds to have (i) improperly voted in any election, primary or referendum, and (ii) not been legally qualified to vote in such election, primary or referendum, or (D) two thousand dollars per offense or twice the amount of any improper payment or contribution, whichever is greater, against any person the commission finds to be in violation of any provision of chapter 155 or 157. The commission may levy a civil penalty against any person under subparagraph (A), (B), (C) or (D) of this subdivision only after giving the person an opportunity to be heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive. In the case of failure to pay any such penalty levied pursuant to this subsection within thirty days of written notice sent by certified or registered mail to such person, the superior court for the judicial district of Hartford, on application of the commission, may issue an order requiring such person to pay the penalty imposed and such court costs, state marshal's fees and attorney's fees incurred by the commission as the court may determine. Any civil penalties paid, collected or recovered under subparagraph (D) of this subdivision for a violation of any provision of chapter 155 applying to the office of the Treasurer shall be deposited on a pro rata basis in any trust funds, as defined in section 3-13c, affected by such violation;
[(3)] (2) (A) To issue an order requiring any person the commission finds to have received any contribution or payment which is prohibited by any of the provisions of chapter 155 or 157, after an opportunity to be heard at a hearing conducted in accordance with the provisions of sections 4-176e to 4-184, inclusive, to return such contribution or payment to the donor or payor, or to remit such contribution or payment to the state for deposit in the General Fund or the Citizens' Election Fund, whichever is deemed necessary to effectuate the purposes of chapter 155 or 157, as the case may be;
(B) To issue an order when the commission finds that an intentional violation of any provision of chapter 155 or 157 has been committed, after an opportunity to be heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive, which order may contain one or more of the following sanctions: (i) Removal of a campaign treasurer, deputy campaign treasurer or solicitor; (ii) prohibition on serving as a campaign treasurer, deputy campaign treasurer or solicitor, for a period not to exceed four years; and (iii) in the case of a party committee or a political committee, suspension of all political activities, including, but not limited to, the receipt of contributions and the making of expenditures, provided the commission may not order such a suspension unless the commission has previously ordered the removal of the campaign treasurer and notifies the officers of the committee that the commission is considering such suspension;
(C) To issue an order revoking any person's eligibility to be appointed or serve as an election, primary or referendum official or unofficial checker or in any capacity at the polls on the day of an election, primary or referendum, when the commission finds such person has intentionally violated any provision of the general statutes relating to the conduct of an election, primary or referendum, after an opportunity to be heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive;
(D) To issue an order to enforce the provisions of the Help America Vote Act, P.L. 107-252, as amended from time to time, as the commission deems appropriate;
(E) To issue an order following the commission's determination of the right of an individual to be or remain an elector when such determination is made (i) pursuant to an appeal taken to the commission from a decision of the registrars of voters or board of admission of electors under section 9-31l, or (ii) following the commission's investigation pursuant to subdivision (1) of this subsection;
(F) To issue a cease and desist order for violation of any general statute or regulation under the commission's jurisdiction and to take reasonable actions necessary to compel compliance with such statute or regulation;
[(4)] (3) To issue an order to a candidate committee that receives moneys from the Citizens' Election Fund pursuant to chapter 157, to comply with the provisions of chapter 157, after an opportunity to be heard at a hearing conducted in accordance with the provisions of sections 4-176e to 4-184, inclusive;
[(5) To inspect or audit at any reasonable time and upon reasonable notice the accounts or records of any campaign treasurer or principal campaign treasurer, as required by chapter 155 or 157 and to audit any such election, primary or referendum held within the state; provided, (A) (i) not later than two months preceding the day of an election at which a candidate is seeking election, the commission shall complete any audit it has initiated in the absence of a complaint that involves a committee of the same candidate from a previous election, and (ii) during the two-month period preceding the day of an election at which a candidate is seeking election, the commission shall not initiate an audit in the absence of a complaint that involves a committee of the same candidate from a previous election, and (B) the commission shall not audit any caucus, as defined in subdivision (1) of section 9-372;
(6) To attempt to secure voluntary compliance, by informal methods of conference, conciliation and persuasion, with any provision of chapter 149, 151 to 153, inclusive, 155, 156 or 157 or any other provision of the general statutes relating to any such election, primary or referendum;]
[(7)] (4) To consult with the Secretary of the State, the Chief State's Attorney or the Attorney General on any matter which the commission deems appropriate;
[(8)] (5) To refer to the Chief State's Attorney evidence bearing upon violation of any provision of chapter 149, 151 to 153, inclusive, 155, 156 or 157 or any other provision of the general statutes pertaining to or relating to any such election, primary or referendum;
[(9)] (6) To refer to the Attorney General evidence for injunctive relief and any other ancillary equitable relief in the circumstances of subdivision (8) of this subsection. Nothing in this subdivision shall preclude a person who claims that he is aggrieved by a violation of any provision of chapter 152 or any other provision of the general statutes relating to referenda from pursuing injunctive and any other ancillary equitable relief directly from the Superior Court by the filing of a complaint;
[(10)] (7) To refer to the Attorney General evidence pertaining to any ruling which the commission finds to be in error made by election officials in connection with any election, primary or referendum. Those remedies and procedures available to parties claiming to be aggrieved under the provisions of sections 9-323, 9-324, 9-328 and 9-329a shall apply to any complaint brought by the Attorney General as a result of the provisions of this subdivision;
[(11)] (8) To consult with the United States Department of Justice and the United States Attorney for Connecticut on any investigation pertaining to a violation of this section, section 9-12, subsection (a) of section 9-17 or section 9-19b, 9-19e, 9-19g, 9-19h, 9-19i, 9-20, 9-21, 9-23a, 9-23g, 9-23h, 9-23j to 9-23o, inclusive, 9-26, 9-31a, 9-32, 9-35, 9-35b, 9-35c, 9-40a, 9-42, 9-43, 9-50a, 9-56 or 9-59 and to refer to said department and attorney evidence bearing upon any such violation for prosecution under the provisions of the National Voter Registration Act of 1993, P.L. 103-31, as amended from time to time;
[(12)] (9) To inspect reports filed with town clerks pursuant to chapter 155 and refer to the Chief State's Attorney evidence bearing upon any violation of law therein if such violation was committed knowingly and wilfully;
[(13)] (10) To intervene in any action brought pursuant to the provisions of sections 9-323, 9-324, 9-328 and 9-329a upon application to the court in which such action is brought when in the opinion of the court it is necessary to preserve evidence of possible criminal violation of the election laws;
[(14)] (11) To [adopt and publish] recommend to the executive director of the Office of Governmental Accountability the adoption and publication of regulations pursuant to chapter 54 to carry out the provisions of section 9-7a, this section, and chapters 155 and 157; to issue upon request and publish advisory opinions in the Connecticut Law Journal upon the requirements of chapters 155 and 157, and to make recommendations to the General Assembly concerning suggested revisions of the election laws;
[(15)] (12) To the extent that the Elections Enforcement Commission is involved in the investigation of alleged or suspected criminal violations of any provision of the general statutes pertaining to or relating to any such election, primary or referendum and is engaged in such investigation for the purpose of presenting evidence to the Chief State's Attorney, the executive director of Office of Governmental Accountability in conjunction with the Elections Enforcement Commission shall be deemed a law enforcement agency for purposes of subdivision (3) of subsection (b) of section 1-210, provided nothing in this section shall be construed to exempt the Elections Enforcement Commission in any other respect from the requirements of the Freedom of Information Act, as defined in section 1-200;
[(16) To 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;
(17) To provide the Secretary of the State with notice and copies of all decisions rendered by the commission in contested cases, advisory opinions and declaratory judgments, at the time such decisions, judgments and opinions are made or issued;]
[(18)] (13) To receive and determine complaints filed under the Help America Vote Act, P.L. 107-252, as amended from time to time, by any person who believes there is a violation of any provision of Title III of P.L. 107-252, as amended. Any complaint filed under this subdivision shall be in writing, notarized and signed and sworn by the person filing the complaint. At the request of the complainant, there shall be a hearing on the record, conducted in accordance with sections 4-167e to 4-184, inclusive. The commission shall make a final determination with respect to a complaint prior to the expiration of the ninety-day period beginning on the date the complaint is filed, unless the complainant consents to a longer period for making such determination. If the commission fails to meet the applicable deadline under this subdivision with respect to a complaint, the commission shall resolve the complaint within sixty days after the expiration of such ninety-day period under an alternative dispute resolution procedure established by the commission.
(b) The Office of Governmental Accountability shall have the following duties and powers:
(1) To make investigations on its own initiative or with respect to statements filed with the commission by the Secretary of the State or any town clerk, or upon written complaint under oath by any individual, with respect to alleged violations of any provision of the general statutes relating to any election or referendum, any primary held pursuant to section 9-423, 9-425 or 9-464 or any primary held pursuant to a special act, and to hold hearings when the commission deems necessary to investigate violations of any provisions of the general statutes relating to any such election, primary or referendum, and for the purpose of such hearings the commission may administer oaths, examine witnesses and receive oral and documentary evidence, and shall have the power to subpoena witnesses under procedural rules the commission shall adopt, to compel their attendance and to require the production for examination of any books and papers which the commission deems relevant to any matter under investigation or in question. In connection with its investigation of any alleged violation of any provision of chapter 145, or of any provision of section 9-359 or 9-359a, the commission shall also have the power to subpoena any municipal clerk and to require the production for examination of any absentee ballot, inner and outer envelope from which any such ballot has been removed, depository envelope containing any such ballot or inner or outer envelope as provided in sections 9-150a and 9-150b and any other record, form or document as provided in section 9-150b, in connection with the election, primary or referendum to which the investigation relates. In case of a refusal to comply with any subpoena issued pursuant to this subsection or to testify with respect to any matter upon which that person may be lawfully interrogated, the superior court for the judicial district of Hartford, on application of the commission, may issue an order requiring such person to comply with such subpoena and to testify; failure to obey any such order of the court may be punished by the court as a contempt thereof. In any matter under investigation which concerns the operation or inspection of or outcome recorded on any voting machine, the commission may issue an order to the municipal clerk to impound such machine until the investigation is completed;
(2) To assist in duties of the Elections Enforcement Commission as mandated by subsection (a) of this section;
(3) To inspect or audit at any reasonable time and upon reasonable notice the accounts or records of any campaign treasurer or principal campaign treasurer, as required by chapter 155 or 157 and to audit any such election, primary or referendum held within the state, provided, (A) (i) not later than two months preceding the day of an election at which a candidate is seeking election, the commission shall complete any audit it has initiated in the absence of a complaint that involves a committee of the same candidate from a previous election, and (ii) during the two-month period preceding the day of an election at which a candidate is seeking election, the commission shall not initiate an audit in the absence of a complaint that involves a committee of the same candidate from a previous election, and (B) the commission shall not audit any caucus, as defined in subdivision (1) of section 9-372;
(4) To attempt to secure voluntary compliance, by informal methods of conference, conciliation and persuasion, with any provision of chapter 149, 151 to 153, inclusive, 155, 156 or 157 or any other provision of the general statutes relating to any such election, primary or referendum;
(5) To provide the Secretary of the State with notice and copies of all decisions rendered by the commission in contested cases, advisory opinions and declaratory judgments, at the time such decisions, judgments and opinions are made or issued; and
(6) Shall at the close of each fiscal year report to the General Assembly and the Governor concerning the action it has taken including, but not limited to, a list of all complaints investigated by the commission and the disposition of each such complaint, by voting districts, where the alleged violation occurred; the names, salaries and duties of the individuals in its employ and the money it has disbursed; and shall make such further reports on the matters within its jurisdiction and such recommendations for further legislation as may appear desirable.
[(b)] (c) In the case of a refusal to comply with an order of the commission issued pursuant to [subdivision (3) or (4) of] subsection (a) or (b) of this section, the superior court for the judicial district of Hartford, on application of the commission, may issue a further order to comply. Failure to obey such further order may be punished by the court as a contempt thereof.
Sec. 31. Section 51-51k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) [There is hereby] Within the Office of Governmental Accountability there is established a Judicial Review Council to be composed of the following members: (1) Three judges of the Superior Court, who are not also judges of the Supreme Court, who shall be appointed by the Governor, from a list of six judges selected by the members of the Superior Court, with the approval of the General Assembly, (2) three attorneys-at-law admitted to practice in this state, who shall be appointed by the Governor with the approval of the General Assembly, (3) six persons who are not judges or attorneys-at-law, who shall be appointed by the Governor with the approval of the General Assembly, and (4) thirteen alternate members who shall be appointed by the Governor with the approval of the General Assembly, as follows: (A) Two judges of the Superior Court who are not also judges of the Supreme Court, from a list of four judges selected by the members of the Superior Court, (B) two attorneys-at-law admitted to practice in this state, (C) three persons who are not judges or attorneys-at-law, (D) three compensation commissioners and (E) three family support magistrates.
(b) An alternate member who is a judge, attorney-at-law or person who is not a judge or attorney-at-law shall serve at probable cause hearings and public hearings in lieu of a member who is a judge, attorney-at-law or person who is not a judge or attorney-at-law, respectively, when such member is absent or disqualified, as designated by the executive director of the [council] Office of Governmental Accountability. An alternate member who is a compensation commissioner shall serve as a member of the council in lieu of one of the members who is a judge of the Superior Court, as designated by the executive director, when the subject of a complaint or investigation is a compensation commissioner. An alternate member who is a family support magistrate shall serve as a member of the council in lieu of one of the members who is a judge of the Superior Court, as designated by the executive director, when the subject of a complaint or investigation is a family support magistrate. An alternate member shall have the same power as the member he or she is temporarily replacing during the absence or disqualification of the member.
(c) On and after December 1, 1992, members shall be appointed in accordance with subsection (a) of this section as follows: One judge shall be appointed for a term of two years, one judge shall be appointed for a term of three years and one judge shall be appointed for a term of four years; one attorney shall be appointed for a term of two years, one attorney shall be appointed for a term of three years and one attorney shall be appointed for a term of four years; two lay members shall be appointed for terms of two years, two lay members shall be appointed for terms of three years, and two lay members shall be appointed for terms of four years. Thereafter, members shall serve for terms of four years. Members may continue in office until a successor is appointed and qualified. No member appointed on or after December 1, 1992, may serve consecutive terms, and if the member is an attorney, no member of his or her firm may serve a term consecutive to such member, provided no member may serve for more than two terms. Vacancies on the council shall be filled for the unexpired portion of any term in the same manner as the original appointment. Any member who is a judge, family support magistrate or compensation commissioner and retires from full-time active service as a judge, family support magistrate or compensation commissioner shall automatically cease to be a member of the council, and a vacancy shall be deemed to occur. Alternate members shall be appointed for terms of three years and shall not serve consecutive terms as alternate members.
(d) No member of the council, except a judge, family support magistrate or compensation commissioner, may hold any elected or appointed position with compensation within the state or United States, or be a selectman or chief executive officer of any municipality, or a full or part-time employee of the Judicial Department or Workers' Compensation Commission, or a member of a national or state central committee, or a chairperson of any political party.
[(e) (1) The Judicial Review Council shall employ an executive director and such other staff as is necessary for the performance of its functions and duties.
(2) The executive director] (e) The legal affairs and enforcement division within the Office of Governmental Accountability may investigate any complaint filed pursuant to section 51-51l and present evidence obtained pursuant to any such investigation to the council.
(f) The Judicial Review Council shall develop a concise brochure written in plain language to provide the public with information concerning the purpose, authority, jurisdiction and process of the Judicial Review Council. The [council] Office of Governmental Accountability shall distribute the brochure to all court administrative offices and to any person who files a complaint pursuant to section 51-51l.
(g) The Judicial Review Council shall submit to the Governor, the Judicial Department, the joint standing committee of the General Assembly having cognizance of matters relating to the Judicial Review Council, and the judges of the Superior Court annually on or before September first, a report of its activities for the previous fiscal year, including the number of complaints received and the number of each type of complaint disposition, including the number of dismissals, the number of admonishments and the number of cases in which probable cause was found.
(h) The [Commissioner of Public Works shall provide the] Judicial Review Council shall be provided with office space for the conduct of duties of the council.
(i) The Judicial Review Council shall [adopt] recommend to the executive director of the Office of Governmental Accountability the adoption of regulations in accordance with the provisions of chapter 54 to establish rules and procedures for the council in the discharge of its duties under this chapter and to provide standards for the identification of and procedures for the treatment of conflicts of interest for council members, which standards shall require that any professional or ethical codes of conduct shall apply to any professional member of the council subject to such codes of conduct.
Sec. 32. Subsection (b) of section 51-51m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) The council shall make its findings in writing and all such findings shall be compiled and indexed by the Office of Governmental Accountability.
Sec. 33. Section 4-5 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
As used in sections 4-6, 4-7 and 4-8, the term "department head" means Secretary of the Office of Policy and Management, Commissioner of Administrative Services, Commissioner of Revenue Services, Banking Commissioner, Commissioner of Children and Families, Commissioner of Consumer Protection, Commissioner of Correction, Commissioner of Economic and Community Development, State Board of Education, Commissioner of Emergency Management and Homeland Security, Commissioner of Environmental Protection, Commissioner of Agriculture, Commissioner of Public Health, Insurance Commissioner, Labor Commissioner, Liquor Control Commission, Commissioner of Mental Health and Addiction Services, Commissioner of Public Safety, Commissioner of Social Services, Commissioner of Developmental Services, Commissioner of Motor Vehicles, Commissioner of Transportation, Commissioner of Public Works, Commissioner of Veterans' Affairs, Chief Information Officer, the chairperson of the Public Utilities Control Authority, the executive director of the Board of Education and Services for the Blind, the executive director of the Connecticut Commission on Culture and Tourism, the executive director of the Office of Governmental Accountability and the executive director of the Office of Military Affairs. As used in sections 4-6 and 4-7, "department head" also means the Commissioner of Education.
Sec. 34. (Effective July 1, 2011) (a) Whenever the words "Office of State Ethics" are used or referred to in the following general statutes, any public or special act of 2011 or 2012, or any general statute amended in 2011 or 2012, the words "Office of Governmental Accountability" shall be substituted in lieu thereof: 1-81a, 1-83, 1-84, 1-84b, 1-86, 1-86d, 1-89a, 1-93a, 1-94, 1-95, 1-96a, 1-96b, 1-96c, 1-96e, 1-100b, 1-101oo, 1-101pp, subsection (a) of section 1-101qq, 1-101rr and 4b-4.
(b) Whenever the words "State Contracting Standards Board" are used or referred to in the following general statutes, any public or special act of 2011 or 2012, or any general statute amended in 2011 or 2012, the words "Office of Governmental Accountability" shall be substituted in lieu thereof: 4e-13, 4e-14, 4e-19 to 4e-28, inclusive, and 4e-44 to 4e-49, inclusive.
Sec. 35. Sections 1-80b, 1-80c, 1-80d, 1-205a and 9-7c of the general statutes are repealed. (Effective July 1, 2011)
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2011 New section
Sec. 2 July 1, 2011 New section
Sec. 3 July 1, 2011 1-80(a)
Sec. 4 July 1, 2011 1-80(h) and (i)
Sec. 5 July 1, 2011 1-80e
Sec. 6 July 1, 2011 1-81
Sec. 7 July 1, 2011 1-82
Sec. 8 July 1, 2011 1-81b
Sec. 9 July 1, 2011 1-81c
Sec. 10 July 1, 2011 1-82a
Sec. 11 July 1, 2011 1-88
Sec. 12 July 1, 2011 1-92
Sec. 13 July 1, 2011 1-93
Sec. 14 July 1, 2011 1-96
Sec. 15 July 1, 2011 1-101
Sec. 16 July 1, 2011 1-205
Sec. 17 July 1, 2011 1-206(b)
Sec. 18 July 1, 2011 1-212(f)
Sec. 19 July 1, 2011 4e-2
Sec. 20 July 1, 2011 4e-4
Sec. 21 July 1, 2011 New section
Sec. 22 July 1, 2011 4e-5
Sec. 23 October 1, 2011 4e-7(a) and (b)
Sec. 24 July 1, 2011 4e-8
Sec. 25 July 1, 2011 4e-16(a)
Sec. 26 July 1, 2011 4e-16(e)
Sec. 27 July 1, 2011 4e-16(m) and (n)
Sec. 28 July 1, 2011 4e-38
Sec. 29 July 1, 2011 9-7a
Sec. 30 July 1, 2011 9-7b
Sec. 31 July 1, 2011 51-51k
Sec. 32 July 1, 2011 51-51m(b)
Sec. 33 July 1, 2011 4-5
Sec. 34 July 1, 2011 New section
Sec. 35 July 1, 2011 Repealer section
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2011
New section
Sec. 2
July 1, 2011
New section
Sec. 3
July 1, 2011
1-80(a)
Sec. 4
July 1, 2011
1-80(h) and (i)
Sec. 5
July 1, 2011
1-80e
Sec. 6
July 1, 2011
1-81
Sec. 7
July 1, 2011
1-82
Sec. 8
July 1, 2011
1-81b
Sec. 9
July 1, 2011
1-81c
Sec. 10
July 1, 2011
1-82a
Sec. 11
July 1, 2011
1-88
Sec. 12
July 1, 2011
1-92
Sec. 13
July 1, 2011
1-93
Sec. 14
July 1, 2011
1-96
Sec. 15
July 1, 2011
1-101
Sec. 16
July 1, 2011
1-205
Sec. 17
July 1, 2011
1-206(b)
Sec. 18
July 1, 2011
1-212(f)
Sec. 19
July 1, 2011
4e-2
Sec. 20
July 1, 2011
4e-4
Sec. 21
July 1, 2011
New section
Sec. 22
July 1, 2011
4e-5
Sec. 23
October 1, 2011
4e-7(a) and (b)
Sec. 24
July 1, 2011
4e-8
Sec. 25
July 1, 2011
4e-16(a)
Sec. 26
July 1, 2011
4e-16(e)
Sec. 27
July 1, 2011
4e-16(m) and (n)
Sec. 28
July 1, 2011
4e-38
Sec. 29
July 1, 2011
9-7a
Sec. 30
July 1, 2011
9-7b
Sec. 31
July 1, 2011
51-51k
Sec. 32
July 1, 2011
51-51m(b)
Sec. 33
July 1, 2011
4-5
Sec. 34
July 1, 2011
New section
Sec. 35
July 1, 2011
Repealer section
Statement of Purpose:
To implement the Governor's budget recommendations.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]