Connecticut 2011 Regular Session

Connecticut Senate Bill SB01010 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		General Assembly Substitute Bill No. 1010
2		-	January Session, 2011 _____~~SB01010APP~~___~~052411~~____
	2	+	January Session, 2011 _____SB01010JUD___051211____
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4	4		General Assembly
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6	6		Substitute Bill No. 1010
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8	8		January Session, 2011
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10		-	_____~~SB01010APP~~___~~052411~~____
	10	+	_____SB01010JUD___051211____
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12	12		AN ACT CONCERNING THE TRANSFER OF FUNCTIONS FROM THE DEPARTMENTS OF PUBLIC WORKS, INFORMATION TECHNOLOGY AND PUBLIC SAFETY AND THE JUDICIAL SELECTION COMMISSION TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES AND ESTABLISHING THE DEPARTMENT OF CONSTRUCTION SERVICES.
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14	14		Be it enacted by the Senate and House of Representatives in General Assembly convened:
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16	16		Section 1. Subsection (k) of section 51-44a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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18	18		(k) [The commission may employ such staff as is necessary for the performance of its functions and duties] The commission shall be within the Department of Administrative Services, provided the commission shall have independent decision-making authority. Said department shall provide staff support for the commission.
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20	20		Sec. 2. (NEW) (Effective July 1, 2011) (a) The Department of Administrative Services shall assume all responsibilities of the Department of Public Works pursuant to any provision of the general statutes, except those duties relating to construction and construction management. 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 Department of Public Works, as said department existed immediately prior to July 1, 2011, and the Department of Administrative Services shall be governed by the provisions of sections 4-38d, 4-38e and 4-39 of the general statutes.
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22	22		(b) Any order or regulation of the Department of Public Works, which is in force on July 1, 2011, provided such order or regulation does not concern construction or the maintenance of state buildings or property, shall continue in force and effect as an order or regulation of the Department of Administrative Services until amended, repealed or superseded pursuant to law. Where any order or regulation of said departments conflict, the Commissioner of Administrative Services may implement policies and procedures consistent with the provisions of this act while in the process of adopting the policy or procedure in regulation form, provided notice of intention to adopt regulations is printed in the Connecticut Law Journal within twenty days of implementation. The policy or procedure shall be valid until the time final regulations are effective.
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24	24		Sec. 3. (NEW) (Effective July 1, 2011) On and after July 1, 2011, (1) "Commissioner of Administrative Services" shall be substituted for "Commissioner of Public Works" or "Public Works Commissioner", and (2) "Department of Administrative Services" shall be substituted for "Department of Public Works", in the following sections of the general statutes: 1-205, 1-210, 2-71h, 3-14b, 4b-2, 4b-4, 4b-21, 4b-24a, 4b-25, 4b-27, 4b-29, 4b-30, 4b-30a, 4b-33, 4b-34, 4b-35, 4b-46, 8-37y, 10a-89, 10a-150, 13a-80i, 13b-42, 13b-55, 16a-38h, 17b-655, 17b-739, 18-31b, 20-68, 20-311b, 20-503, 22a-324, 31-250, 32-228, 32-656, 45a-80, 46a-29, 51-27a, 51-27c, 51-27d, 51-51k and 51-279.
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26	26		Sec. 4. Section 4-5 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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28	28		As used in sections 4-6, 4-7 and 4-8, the term "department head" means Secretary of the Office of Policy and Management, Commissioner of Administrative Services, Commissioner of Revenue Services, Banking Commissioner, Commissioner of Children and Families, Commissioner of Construction Services, Commissioner of Consumer Protection, Commissioner of Correction, Commissioner of Economic and Community Development, State Board of Education, Commissioner of Emergency Management and Homeland Security, Commissioner of Environmental Protection, Commissioner of Agriculture, Commissioner of Public Health, Insurance Commissioner, Labor Commissioner, Liquor Control Commission, Commissioner of Mental Health and Addiction Services, Commissioner of Public Safety, Commissioner of Social Services, Commissioner of Developmental Services, Commissioner of Motor Vehicles, Commissioner of Transportation, [Commissioner of Public Works,] Commissioner of Veterans' Affairs, [Chief Information Officer,] the chairperson of the Public Utilities Control Authority, the executive director of the Board of Education and Services for the Blind, the executive director of the Connecticut Commission on Culture and Tourism, and the executive director of the Office of Military Affairs. As used in sections 4-6 and 4-7, "department head" also means the Commissioner of Education.
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30	30		Sec. 5. Section 4-38c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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32	32		There shall be within the executive branch of state government the following departments: Office of Policy and Management, Department of Administrative Services, Department of Revenue Services, Department of Banking, Department of Agriculture, Department of Children and Families, Department of Consumer Protection, Department of Correction, Department of Economic and Community Development, State Board of Education, Department of Emergency Management and Homeland Security, Department of Environmental Protection, Department of Public Health, Board of Governors of Higher Education, Insurance Department, Labor Department, Department of Mental Health and Addiction Services, Department of Developmental Services, Department of Public Safety, Department of Social Services, Department of Transportation, Department of Motor Vehicles, Department of Veterans' Affairs, [Department of Public Works] Department of Construction Services and Department of Public Utility Control.
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34	34		Sec. 6. Subsection (b) of section 4a-59a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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36	36		(b) Notwithstanding the provisions of subsection (a) of this section, the [Commissioners] Commissioner of Administrative Services [and Public Works] may, for a period of one year from the date such contract would otherwise expire, extend any contract in effect on May 1, 2005, with a value of fifty thousand dollars or more per year, to perform any of the following services for the state: Janitorial, building maintenance, security and food and beverage. Any such extension shall include any applicable increase in the standard wage and the payroll burden to administer the standard wage, as established by the Labor Department.
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38	38		Sec. 7. Subsection (b) of section 4a-62 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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40	40		(b) The committee may request any agency of the state authorized to award public works contracts or to enter into purchase of goods or services contracts to submit such information on compliance with sections 4a-60 and 4a-60g and at such times as the committee may require. The committee shall consult with the Departments of [Public Works] Administrative Services, Transportation and Economic Development and the Commission on Human Rights and Opportunities concerning compliance with the state programs for minority business enterprises. The committee shall report annually on or before February first to the Joint Standing Committee on Legislative Management on the results of its ongoing study and include its recommendations, if any, for legislation.
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42	42		Sec. 8. Subsections (k) and (l) of section 4a-100 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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44	44		(k) (1) Any substantial evidence of fraud in obtaining or maintaining prequalification or any materially false statement in the application, update statement or update bid statement may, in the discretion of the awarding authority, result in termination of any contract awarded the contractor by the awarding authority. The awarding authority shall provide written notice to the commissioner of such false statement not later than thirty days after discovering such false statement. The commissioner shall provide written notice of such false statement to the Commissioner of [Public Works] Construction Services, the Commissioner of Consumer Protection and the President of The University of Connecticut not later than thirty days after discovering such false statement or receiving such notice.
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46	46		(2) The commissioner shall deny or revoke the prequalification of any contractor or substantial subcontractor if the commissioner finds that the contractor or substantial subcontractor, or a principal or key personnel of such contractor or substantial contractor, within the past five years (A) has included any materially false statement in a prequalification application, update statement or update bid statement, (B) has been convicted of, entered a plea of guilty or nolo contendere for, or admitted to, a crime related to the procurement or performance of any public or private construction contract, or (C) has otherwise engaged in fraud in obtaining or maintaining prequalification. Any revocation made pursuant to this subsection shall be made only after an opportunity for a hearing. Any contractor or substantial subcontractor whose prequalification has been revoked pursuant to this subsection shall be disqualified for a period of two years after which the contractor or substantial subcontractor may reapply for prequalification, except that a contractor or substantial subcontractor whose prequalification has been revoked on the basis of conviction of a crime or engaging in fraud shall be disqualified for a period of five years after which the contractor or substantial subcontractor may reapply for prequalification. The commissioner shall not prequalify a contractor or substantial subcontractor whose prequalification has been revoked pursuant to this subdivision until the expiration of said two-year, five-year, or other applicable disqualification period and the commissioner is satisfied that the matters that gave rise to the revocation have been eliminated or remedied.
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48	48		(l) The commissioner shall provide written notice of any revocation, disqualification, reduction in classification or capacity rating or reinstated prequalification to the Commissioner of [Public Works] Construction Services, the Commissioner of Consumer Protection and the President of The University of Connecticut not later than thirty days after any final determination.
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50	50		Sec. 9. Section 4b-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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52	52		(a) There is established a State Properties Review Board which shall consist of six members appointed as follows: The speaker of the House and president pro tempore of the Senate shall jointly appoint three members, one of whom shall be experienced in matters relating to architecture, one experienced in building construction matters and one in matters relating to engineering; and the minority leader of the House and the minority leader of the Senate shall jointly appoint three members, one of whom shall be experienced in matters relating to the purchase, sale and lease of real estate and buildings, one experienced in business matters generally and one experienced in the management and operation of state institutions. No more than three of said six members shall be of the same political party. One of the members first appointed by the speaker and the president pro tempore shall serve a two-year term, one shall serve a three-year term and one shall serve a four-year term. One of the members first appointed by the minority leaders of the House and Senate shall serve a two-year term, one shall serve a three-year term and one shall serve a four-year term. All appointments of members to replace those whose terms expire shall be for a term of four years and until their successors have been appointed and qualified. If any vacancy occurs on the board, the appointing authorities having the power to make the initial appointment under the provisions of this section shall appoint a person for the unexpired term in accordance with the provisions hereof.
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54	54		(b) The chairman of the board shall be compensated two hundred dollars per diem up to a maximum of thirty thousand dollars annually. Other members of the board shall be compensated two hundred dollars per diem up to a maximum of twenty-five thousand dollars annually. The members of the board shall choose their own chairman. No person shall serve on this board who holds another state or municipal governmental position and no person on the board shall be directly involved in any enterprise which does business with the state or directly or indirectly involved in any enterprise concerned with real estate acquisition or development.
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56	56		(c) The board may adopt such rules as it deems necessary for the conduct of its internal affairs, in accordance with section 4-167.
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58	58		(d) Notwithstanding any other statute or special act to the contrary, the Commissioner of [Public Works] Administrative Services shall be the sole person authorized to represent the state in its dealings with third parties for the acquisition [, construction, development] or leasing of real estate for housing the offices or equipment of all agencies of the state or for the state-owned public buildings or realty [hereinafter] and the Commissioner of Construction Services shall be the sole person authorized to represent the state in its dealings with third parties for the construction or development of real estate or state-owned public buildings or realty as provided for in sections 2-90, 4b-1 to 4b-5, inclusive, 4b-21, 4b-23, as amended by this act, 4b-24, 4b-26, 4b-27, 4b-30 and 4b-32, subsection (c) of section 4b-66 and sections 4b-67 to 4b-69, inclusive, 4b-71, 4b-72, 10-95, 10a-72, as amended by this act, 10a-89, 10a-90, as amended by this act, 10a-114, 10a-130, 10a-144, 17b-655, 22-64, 22a-324, 26-3, 27-45, 32-1c, 32-39, 48-9, 51-27d and 51-27f, except that (1) the Joint Committee on Legislative Management may represent the state in the planning and construction of the Legislative Office Building and related facilities, in Hartford; (2) the Chief Court Administrator may represent the state in providing for space for the Court Support Services Division as part of a new or existing contract for an alternative incarceration program pursuant to section 54-103b or a program developed pursuant to section 46b-121i, 46b-121j, 46b-121k or 46b-121l; (3) the board of trustees of a constituent unit of the state system of higher education may represent the state in the leasing of real estate for housing the offices or equipment of such constituent unit, provided no lease payments for such realty are made with funds generated from the general revenues of the state; (4) the Labor Commissioner may represent the state in the leasing of premises required for employment security operations as provided in subsection (c) of section 31-250; (5) the Commissioner of Developmental Services may represent the state in the leasing of residential property as part of the program developed pursuant to subsection (b) of section 17a-218, provided such residential property does not exceed two thousand five hundred square feet, for the community placement of persons eligible to receive residential services from the department; and (6) the Connecticut Marketing Authority may represent the state in the leasing of land or markets under the control of the Connecticut Marketing Authority, and, except for the housing of offices or equipment in connection with the initial acquisition of an existing state mass transit system or the leasing of land by the Connecticut Marketing Authority for a term of one year or more in which cases the actions of the Department of Transportation and the Connecticut Marketing Authority shall be subject to the review and approval of the State Properties Review Board. The Commissioner of [Public Works] Administrative Services shall have the power to establish and implement any procedures necessary for the commissioner to assume the commissioner's responsibilities as said sole bargaining agent for state realty acquisitions and shall perform the duties necessary to carry out such procedures. The Commissioner of [Public Works] Administrative Services or Construction Services may appoint, within [the commissioner's] each department's budget and subject to the provisions of chapter 67, such personnel deemed necessary by the commissioner to carry out the provisions hereof, including experts in real estate, construction operations, financing, banking, contracting, architecture and engineering. The Attorney General's office, at the request of the [commissioner] Commissioner of Administrative Services, shall assist the commissioner in contract negotiations regarding the purchase [,] or lease [or construction] of real estate.
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60	60		(e) The State Properties Review Board shall be within the Department of Administrative Services and shall have independent decision-making authority.
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62	62		(f) The State Properties Review Board shall review real estate acquisitions, sales, leases and subleases proposed by the Commissioner of [Public Works] Administrative Services, the acquisition, other than by condemnation, or the sale or lease of any property by the Commissioner of Transportation under subdivision (12) of section 13b-4, subject to section 4b-23, as amended by this act, and subsection (h) of section 13a-73 and review, for approval or disapproval, any contract for a project described in subsection (h) of section 4b-91. Such review shall consider all aspects of the proposed actions, including feasibility and method of acquisition and the prudence of the business method proposed. The board shall also cooperate with and advise and assist the Commissioner of [Public Works] Administrative Services and the Commissioner of Transportation in carrying out their duties. The board shall have access to all information, files and records, including financial records, of the Commissioner of [Public Works] Administrative Services and the Commissioner of Transportation, and shall, when necessary, be entitled to the use of personnel employed by said commissioners. The board shall approve or disapprove any acquisition of development rights of agricultural land by the Commissioner of Agriculture under section 22-26cc. The board shall hear any appeal under section 8-273a and shall render a final decision on the appeal within thirty days thereafter. The written decision of the board shall be a final decision for the purposes of sections 4-180 and 4-183.
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64	64		Sec. 10. Subsection (a) of section 4b-15 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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66	66		(a) Each state agency having care, control and supervision of state property, including the Judicial Department and the Joint Committee on Legislative Management of the General Assembly, shall prepare [on or before October 1, 1990,] and [thereafter] periodically update, in consultation with the Commissioners of Environmental Protection and [Public Works] Administrative Services, a plan for each facility under its care, control or supervision to (1) reduce the use of disposable and single-use products, in accordance with the plan adopted by the Commissioner of Administrative Services pursuant to section 4a-67b, (2) separate and collect items designated as either suitable or required for recycling pursuant to section 22a-241b. Such plan shall establish a schedule for implementation of the policies recommended in the plan.
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68	68		Sec. 11. Subsection (a) of section 4b-136 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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70	70		(a) There is established a State-Wide Security Management Council. The council shall consist of the Commissioner of Public Safety, the Commissioner of Administrative Services, the Commissioner of Mental Health and Addiction Services, the Commissioner of [Public Works] Construction Services, the Commissioner of Emergency Management and Homeland Security, the Secretary of the Office of Policy and Management, the Chief Court Administrator, an attorney appointed by the Commissioner of [Public Works] Construction Services, the executive director of the Joint Committee on Legislative Management, a representative of the Governor, a representative of the State Employees Bargaining Agent Coalition and the president of the Connecticut State Police Union or the president's designee. The Commissioner of [Public Works] Construction Services shall serve as chairperson of the council. Each council member shall provide technical assistance in the member's area of expertise, as required by the council.
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72	72		Sec. 12. Subsection (a) of section 4d-90 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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74	74		(a) There is established a Geospatial Information Systems Council consisting of the following members, or their designees: (1) The Secretary of the Office of Policy and Management; (2) the Commissioners of Environmental Protection, Economic and Community Development, Transportation, Public Safety, Public Health, [Public Works] Construction Services, Administrative Services, Agriculture, Emergency Management and Homeland Security and Social Services; (3) [the Chief Information Officer of the Department of Information Technology; (4)] the Chancellor of the Connecticut State University System; [(5)] (4) the president of The University of Connecticut; [(6)] (5) the Executive Director of the Connecticut Siting Council; [(7)] (6) one member who is a user of geospatial information systems appointed by the president pro tempore of the Senate representing a municipality with a population of more than sixty thousand; [(8)] (7) one member who is a user of geospatial information systems appointed by the minority leader of the Senate representing a regional planning agency; [(9)] (8) one member who is a user of geospatial information systems appointed by the Governor representing a municipality with a population of less than sixty thousand but more than thirty thousand; [(10)] (9) one member who is a user of geospatial information systems appointed by the speaker of the House of Representatives representing a municipality with a population of less than thirty thousand; [(11)] (10) one member appointed by the minority leader of the House of Representatives who is a user of geospatial information systems; [(12)] (11) the chairperson of the Public Utilities Control Authority; [(13)] (12) the Adjutant General of the Military Department; and [(14)] (13) any other persons the council deems necessary appointed by the council. The Governor shall select the chairperson from among the members. The chairperson shall administer the affairs of the council. Vacancies shall be filled by appointment by the authority making the appointment. Members shall receive no compensation for their services on said council, but shall be reimbursed for necessary expenses incurred in the performance of their duties. Said council shall hold one meeting each calendar quarter and such additional meetings as may be prescribed by council rules. In addition, special meetings may be called by the chairperson or by any three members upon delivery of forty-eight hours written notice to each member.
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76	76		Sec. 13. Section 4e-8 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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78	78		There is established a Contracting Standards Advisory Council, which shall consist of representatives from the Office of Policy and Management, Departments of Administrative Services, Transportation [, Public Works and Information Technology] and Construction Services 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 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.
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80	80		Sec. 14. Subsection (d) of section 10-292 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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82	82		(d) If the Department of Administrative Services or the Department of [Public Works] Construction Services makes a state contract available for use by towns or regional school districts, a town or regional school district may use such contract, provided the actual estimate for the school building project under the state contract is not given until receipt by the town or regional school district of approval of the plan pursuant to this section.
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84	84		Sec. 15. Subsection (b) of section 16a-35c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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86	86		(b) The Secretary of the Office of Policy and Management, in consultation with the Commissioners of Economic and Community Development, Environmental Protection, [Public Works] Administrative Services, Agriculture, Transportation, the chairman of the Transportation Strategy Board, the regional planning agencies in the state and any other persons or entities the secretary deems necessary shall develop recommendations for delineation of the boundaries of priority funding areas in the state and for revisions thereafter. In making such recommendations the secretary shall consider areas designated as regional centers, growth areas, neighborhood conservation areas and rural community centers on the state plan of conservation and development, redevelopment areas, distressed municipalities, as defined in section 32-9p; targeted investment communities, as defined in section 32-222; public investment communities, as defined in section 7-545, enterprise zones, designated by the Commissioner of Economic and Community Development under section 32-70, corridor management areas identified in the state plan of conservation and development and the principles of the Transportation Strategy Board approved under section 13b-57h. The secretary shall submit the recommendations to the Continuing Legislative Committee on State Planning and Development established pursuant to section 4-60d for review when the state plan of conservation and development is submitted to such committee in accordance with section 16a-29. The committee shall report its recommendations to the General Assembly at the time said state plan is submitted to the General Assembly under section 16a-30. The boundaries shall become effective upon approval of the General Assembly.
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88	88		Sec. 16. Section 22a-26a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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90	90		The Department of Environmental Protection, in consultation with the Departments of Transportation and [Public Works] Construction Services, The University of Connecticut and other state agencies with jurisdiction over state-owned properties, shall identify state-owned properties which provide public access to the waters of Long Island Sound and, in addition, identify other properties which the state may acquire to provide public access to the waters of Long Island Sound. The properties to be identified shall include highway easements, bridge crossings, university-owned lands, railroad rights-of-way and other coastal or riverfront properties owned or controlled by the state or by others. State-owned properties which are used for non-water-dependent activities shall be assessed for reclassification to public water-dependent use or shared use. The department shall submit a report of its findings to the joint standing committee of the General Assembly having cognizance of matters concerning the environment on or before October 1, 1992, and the Comptroller shall cause such findings to be added to and made a part of the inventory of state property required pursuant to the provisions of section 4-36.
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92	92		Sec. 17. Subsection (b) of section 22a-354i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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94	94		(b) In adopting such regulations, the commissioner shall consider the guidelines for aquifer protection areas recommended in the report prepared pursuant to special act 87-63, as amended, and shall avoid duplication and inconsistency with other state or federal laws and regulations affecting aquifers. The regulations shall be developed in consultation with an advisory committee appointed by the commissioner. The advisory committee shall include the Commissioners of [Public Works] Construction Services and Public Health and the chairperson of the Public Utilities Control Authority, or their designees, members of the public, and representatives of businesses affected by the regulations, agriculture, environmental groups, municipal officers and water companies.
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96	96		Sec. 18. Subsection (c) of section 31-57c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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98	98		(c) The Commissioner of [Public Works] Construction Services may disqualify any contractor, for up to two years, from bidding on, applying for, or participating as a subcontractor under, contracts with the state, acting through any of its departments, commissions or other agencies, except the Department of Administrative Services, the Department of Transportation and the constituent units of the state system of higher education, for one or more causes set forth under subsection (d) of this section. The commissioner may initiate a disqualification proceeding only after consulting with the contract awarding agency, if any, and the Attorney General and shall provide notice and an opportunity for a hearing to the contractor who is the subject of the proceeding. The hearing shall be conducted in accordance with the contested case procedures set forth in chapter 54. The commissioner shall issue a written decision within ninety days of the last date of such hearing and state in the decision the reasons for the action taken and, if the contractor is being disqualified, the period of such disqualification. The existence of a cause for disqualification shall not be the sole factor to be considered in determining whether the contractor shall be disqualified. In determining whether to disqualify a contractor, the commissioner shall consider the seriousness of the contractor's acts or omissions and any mitigating factors. The commissioner shall send the decision to the contractor by certified mail, return receipt requested. The written decision shall be a final decision for the purposes of sections 4-180 and 4-183.
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100	100		Sec. 19. Section 31-390 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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102	102		(a) The Labor Commissioner and the Commissioners of Economic and Community Development and [Public Works] Construction Services shall have the right of inspection of any such project at any time.
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104	104		(b) The Labor Commissioner and the Commissioners of Economic and Community Development and [Public Works] Construction Services and the Secretary of the Office of Policy and Management are authorized to make orders, establish guidelines and adopt regulations under the provisions of chapter 54 with respect to the implementation of this chapter.
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106	106		(c) At the request of the commissioners, any agency or department of the executive branch shall advise and assist the commissioners in the implementation of this chapter.
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108	108		Sec. 20. Section 46a-68 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
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110	110		(a) Each state agency, department, board and commission with more than twenty-five full-time employees shall develop and implement [, in cooperation with the Commission on Human Rights and Opportunities,] an affirmative action plan that commits the agency, department, board or commission to a program of affirmative action in all aspects of personnel and administration. [Such plan shall be developed pursuant to regulations adopted by the Commission on Human Rights and Opportunities in accordance with chapter 54 to ensure that affirmative action is undertaken as required by state and federal law to provide equal employment opportunities and to comply with all responsibilities under the provisions of sections 4-61u to 4-61w, inclusive, sections 46a-54 to 46a-64, inclusive, section 46a-64c and sections 46a-70 to 46a-78, inclusive.] Such plan shall describe the efforts of the agency, department, board or commission to provide equal employment opportunities and to comply with all requirements under state and federal nondiscrimination laws, and shall include the race, gender, occupational category and age of all full-time employees of such agency, department, board or commission. The executive head of each such agency, department, board or commission shall be directly responsible for the development, filing and implementation of such affirmative action plan. The Metropolitan District of Hartford County shall be deemed to be a state agency for purposes of this section.
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112	112		(b) (1) Each state agency, department, board or commission shall designate a full-time or part-time [affirmative action] equal employment opportunity officer. If such [affirmative action] equal employment opportunity officer is an employee of the agency, department, board or commission, the executive head of the agency, department, board or commission shall be directly responsible for the supervision of the officer.
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114	114		[(2) The Commission on Human Rights and Opportunities shall provide training and technical assistance to affirmative action officers in plan development and implementation.]
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116	116		[(3)] (2) The Commission on Human Rights and Opportunities and the Permanent Commission on the Status of Women shall provide training concerning state and federal discrimination laws and techniques for conducting investigations of discrimination complaints to persons designated by state agencies, departments, boards or commissions as [affirmative action] equal employment opportunity officers and persons designated by the Attorney General or the Attorney General's designee to represent such agencies, departments, boards or commissions pursuant to subdivision [(5)] (4) of this subsection. [Such] On or after October 1, 2011, such training shall be provided for a minimum of [ten] five hours during the first year of service or designation, and a minimum of [five] three hours [per year] every two years thereafter.
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118	118		[(4)] (3) (A) Each person designated by a state agency, department, board or commission as an [affirmative action] equal employment opportunity officer shall (i) be responsible for mitigating any discriminatory conduct within the agency, department, board or commission, (ii) investigate all internal complaints of discrimination made against the state agency, department, board or commission, and (iii) report all findings and recommendations upon the conclusion of an investigation to the commissioner or director of the state agency, department, board or commission for proper action.
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120	120		(B) Notwithstanding the provisions of subparagraphs (A)(i), (A)(ii) and (A)(iii) of this subdivision, if [a] an internal discrimination complaint is made against the executive head of a state agency or department, any member of a state board or commission or any [affirmative action] equal employment opportunity officer alleging that the executive head, member or officer directly or personally engaged in discriminatory conduct, or if a complaint of discrimination is made by the executive head of a state agency, any member of a state board or commission or any affirmative action officer, the complaint shall be referred to the Commission on Human Rights and Opportunities for review and, if appropriate, investigation by the Department of Administrative Services. If the internal discrimination complaint is made by or against the executive head, any member or the [affirmative action] equal employment opportunity officer of the Commission on Human Rights and Opportunities alleging that the executive head, member or officer directly or personally engaged in discriminatory conduct, the commission shall refer the complaint to the Department of Administrative Services for review and, if appropriate, investigation. If the complaint is by or against the executive head or [affirmative action] equal employment opportunity officer of the Department of Administrative Services, the complaint shall be referred to the Commission on Human Rights and Opportunities for review and, if appropriate, investigation. Each person who conducts an investigation pursuant to this subparagraph shall report all findings and recommendations upon the conclusion of such investigation to the appointing authority of the individual who was the subject of the complaint for proper action. The provisions of this subparagraph shall apply to any such complaint pending on or after July 5, 2007.
121	121
122	122		[(5)] (4) Each person designated by a state agency, department, board or commission as an [affirmative action] equal employment opportunity officer, and each person designated by the Attorney General or the Attorney General's designee to represent an agency pursuant to subdivision [(6)] (5) of this subsection, shall complete training provided by the Commission on Human Rights and Opportunities and the Permanent Commission on the Status of Women pursuant to subdivision [(3)] (2) of this subsection.
123	123
124	124		[(6)] (5) No person designated by a state agency, department, board or commission as an [affirmative action] equal employment opportunity officer shall represent such agency, department, board or commission before the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission concerning a discrimination complaint. If a discrimination complaint is filed with the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission against a state agency, department, board or commission, the Attorney General, or the Attorney General's designee, other than the [affirmative action] equal employment opportunity officer for such agency, department, board or commission, shall represent the state agency, department, board or commission before the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission. In the case of a discrimination complaint filed against the Metropolitan District of Hartford County, the Attorney General, or the Attorney General's designee, shall not represent such district before the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission.
125	125
126	126		(c) Each state agency, department, board and commission that employs one hundred or more full-time employees shall file an affirmative action plan developed in accordance with subsection (a) of this section, electronically with the [Commission on Human Rights and Opportunities] Department of Administrative Services, semiannually, except that any state agency, department, board or commission which has an affirmative action plan approved by the [commission] department may be permitted to file its plan on an annual basis in a manner prescribed by the [commission and any] department. Any state agency, department, board or commission that employs [twenty or fewer] more than twenty-five but fewer than one hundred full-time employees shall file its affirmative action plan biennially, unless the department disapproves the most recent submission of the plan, in which case the department may require the resubmission of such plan by a time chosen by the department, until the plan is approved. All affirmative action plans shall be on such form and in such manner as the department prescribes.
127	127
128	128		(d) The [Commission on Human Rights and Opportunities] Department of Administrative Services shall review and formally approve, conditionally approve or disapprove the content of such affirmative action plans within ninety days of the submission of each plan to the [commission] department. If the [commissioners, by a majority vote of those present and voting, fail] department fails to approve, conditionally approve or disapprove a plan within [that] such period, the plan shall be deemed to be approved. Any plan that is filed more than ninety days after the date such plan is due to be filed shall be deemed disapproved.
129	129
130	130		(e) The Commissioner of Administrative Services and the Secretary of the Office of Policy and Management shall [cooperate with the Commission on Human Rights and Opportunities to] insure that the State Personnel Act and personnel regulations are administered, and that the process of collective bargaining is conducted by all parties in a manner consistent with the affirmative action responsibilities of the state.
131	131
132	132		(f) The [Commission on Human Rights and Opportunities] Department of Administrative Services shall monitor the activity of such plans within each state agency, department, board and commission and report to the Governor and the General Assembly on or before April first of each year concerning the results of such plans.
133	133
134	134		[(g) The Commission on Human Rights and Opportunities shall adopt regulations, in accordance with chapter 54, to carry out the requirements of this section. Such regulations shall include a schedule for semiannual, annual and biennial filing of plans.]
135	135
136	136		Sec. 21. Section 10a-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
137	137
138	138		(a) The Board of Governors of Higher Education shall, in consultation with the institutions of the state system of higher education and the constituent unit boards of trustees, develop a strategic plan, consistent with the affirmative action plan submitted to the [Commission on Human Rights and Opportunities] Department of Administrative Services in accordance with section 46a-68, as amended by this act, to ensure that students, faculty, administrators and staff at each institution are representative of the racial and ethnic diversity of the total population of the state. For each institution there shall be an approved plan which shall include goals, programs and timetables for achieving those goals, and a procedure to monitor annually the results of these programs and a procedure to take corrective action if necessary. The Board of Governors of Higher Education shall also develop policies to guide [affirmative action] equal employment opportunity officers and programs in all constituent units and at each institution of public higher education.
139	139
140	140		(b) The Board of Governors of Higher Education shall report annually to the Governor and General Assembly on the activities undertaken by the board in accordance with subsection (a) of this section. The report shall include institutional goals and plans for attaining such goals, as well as changes in enrollment and employment at the state's institutions of public higher education. If it is determined that an institution has failed to achieve the goals set out pursuant to this section, such institution shall develop a plan of corrective procedures to ensure that such goals are achieved, subject to the approval of the Board of Governors of Higher Education. The Board of Governors of Higher Education may establish a minority advancement program to reward and support efforts by institutions within the state system of higher education towards meeting the goals established in the strategic plan developed pursuant to subsection (a) of this section.
141	141
142	142		Sec. 22. Subdivision (17) of section 46a-54 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
143	143
144	144		(17) To require each agency to submit information demonstrating its compliance with subdivision (16) of this section [as part of its affirmative action plan] and to receive and investigate complaints concerning the failure of a state agency to comply with the requirements of subdivision (16) of this section; and
145	145
146	146		Sec. 23. Section 46a-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
147	147
148	148		(a) Any person claiming to be aggrieved by an alleged discriminatory practice, except for an alleged violation of section 4a-60g or 46a-68, as amended by this act, or the provisions of sections 46a-68c to 46a-68f, inclusive, may, by himself or herself or by such person's attorney, make, sign and file with the commission a complaint in writing under oath, which shall state the name and address of the person alleged to have committed the discriminatory practice, and which shall set forth the particulars thereof and contain such other information as may be required by the commission. After the filing of a complaint pursuant to this subsection, the commission shall serve upon the person claiming to be aggrieved a notice that: (1) Acknowledges receipt of the complaint; and (2) advises of the time frames and choice of forums available under this chapter.
149	149
150	150		(b) The commission, whenever it has reason to believe that any person has been engaged or is engaged in a discriminatory practice, may issue a complaint, except for a violation of subsection (a) of section 46a-80.
151	151
152	152		(c) The commission, whenever it has reason to believe that any contractor or subcontractor is not complying with antidiscrimination statutes or contract provisions required under section 4a-60, 4a-60a or 4a-60g, or the provisions of sections 46a-68c to 46a-68f, inclusive, may issue a complaint.
153	153
154	154		[(d) The commission may issue a complaint if: (1) An affirmative action plan filed pursuant to section 46a-68 is in violation of any of the provisions of section 4-61u or 4-61w, sections 46a-54 to 46a-64, inclusive, section 46a-64c or sections 46a-70 to 46a-78, inclusive; or (2) an agency, department, board or commission fails to submit an affirmative action plan required under section 46a-68.]
155	155
156	156		[(e)] (d) Any employer whose employees, or any of them, refuse or threaten to refuse to comply with the provisions of section 46a-60 or 46a-81c may file with the commission a written complaint under oath asking for assistance by conciliation or other remedial action.
157	157
158	158		[(f)] (e) Any complaint filed pursuant to this section must be filed within one hundred and eighty days after the alleged act of discrimination, except that any complaint by a person claiming to be aggrieved by a violation of subsection (a) of section 46a-80 must be filed within thirty days of the alleged act of discrimination.
159	159
160	160		Sec. 24. Section 46a-68a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
161	161
162	162		(a) The [commission] Commissioner of Administrative Services may issue a certificate of noncompliance if the affirmative action plan required by section 46a-68, as amended by this act, is disapproved.
163	163
164	164		(b) The issuance of a certificate of noncompliance shall bar the agency, department, board or commission in noncompliance with section 46a-68, as amended by this act, from filling a position or position classification by hire or promotion upon receipt of the certificate, the provisions of any state law or regulation to the contrary notwithstanding, until: (1) The [commission] Commissioner of Administrative Services determines that the agency has achieved compliance with section 46a-68, as amended by this act, and withdraws the certificate; or (2) the [commission] Commissioner of Administrative Services, at a hearing requested by the agency, department, board or commission receiving the certificate and conducted by a presiding officer appointed by the [chairperson of the commission] commissioner, is unable to show cause why the certificate of noncompliance should not be rescinded or a court, upon appeal, so determines; or (3) [the Commissioner of Administrative Services and] the Secretary of the Office of Policy and Management [certify] certifies to the [commission] commissioner that the agency in noncompliance with section 46a-68, as amended by this act, requires immediate filling of the vacancy because failure to fill the position or position classification will cause an emergency situation to exist jeopardizing the public welfare. A separate certificate of exemption shall be required for each vacancy in a position or position classification with respect to which the [Commissioner of Administrative Services and the] Secretary of the Office of Policy and Management [certify] certifies that an emergency situation exists.
165	165
166	166		(c) Hearings under this section shall be conducted in accordance with sections 4-176e to 4-182, inclusive.
167	167
168	168		(d) The [commission shall] Commissioner of Administrative Services may adopt regulations in accordance with chapter 54 to implement this section.
169	169
170	170		Sec. 25. (NEW) (Effective July 1, 2011) (a) The Department of Administrative Services shall assume all responsibilities of the Department of Information Technology pursuant to any provision of the general statutes. 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 Department of Information Technology, as said department existed immediately prior to July 1, 2011, and the Department of Administrative Services shall be governed by the provisions of sections 4-38d, 4-38e and 4-39 of the general statutes. The Department of Administrative Services shall constitute a successor and not a new authority.
171	171
172	172		(b) Wherever the words "Department of Information Technology" are used or referred to in any public or special acts, the words "Department of Administrative Services" shall be substituted in lieu thereof.
173	173
174	174		(c) Wherever the term "Chief Information Officer" is used or referred to in any public or special acts, the term "Commissioner of Administrative Services" shall be substituted in lieu thereof.
175	175
176	176		(d) Any order or regulation of the Department of Information Technology, which is in force on July 1, 2011, shall continue in force and effect as an order or regulation of the Department of Administrative Services until amended, repealed or superseded pursuant to law. Where any order or regulation of said departments conflict, the Commissioner of Administrative Services may implement policies and procedures consistent with the provisions of this act while in the process of adopting the policy or procedure in regulation form, provided notice of intention to adopt regulations is printed in the Connecticut Law Journal within twenty days of implementation. The policy or procedure shall be valid until the time final regulations are effective.
177	177
178	178		Sec. 26. (NEW) (Effective July 1, 2011) On and after July 1, 2011, (1) "Commissioner of Administrative Services" shall be substituted for "Chief Information Officer" and "Chief Information Officer of the Department of Information Technology, and (2) "Department of Administrative Services" shall be substituted for "Department of Information Technology", in the following sections of the general statutes: 1-205, 1-211, 1-212, 1-283, 4d-3, 4d-5, 4d-10, 4d-11, 4d-13, 4d-14, 4d-32, 4d-38, 4d-41, 4d-42, 4d-43, 4d-81a, 4d-82a, 4d-83, 4d-84, 10-5b, 10-10a, 18-81x, 19a-110, 19a-750, 32-6i, 54-105a, 54-142q, 54-142r and 54-142s.
179	179
180	180		Sec. 27. Section 4d-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
181	181
182	182		As used in this chapter, unless the context indicates a different meaning:
183	183
184	184		(1) "Architecture" means the defined structure or orderly arrangement of information systems and telecommunication systems, based on accepted industry standards and guidelines, for the purpose of maximizing the interconnection and efficiency of such systems and the ability of users to share information resources.
185	185
186	186		(2) "Information systems" means the combination of data processing hardware and software in the collection, processing and distribution of data to and from interactive computer-based systems to meet informational needs.
187	187
188	188		(3) "State agency" means each department, board, council, commission, institution or other agency of the Executive Department of the state government, provided each board, council, commission, institution or other agency included by law within any given department shall be deemed a division of that department. The term "state agency" shall include (A) the offices of the Governor, Lieutenant Governor, Treasurer, Attorney General, Secretary of the State and Comptroller, and (B) all operations of an Executive Department agency which are funded by either the General Fund or a special fund.
189	189
190	190		(4) "Telecommunication systems" means telephone equipment and transmission facilities, either alone or in combination with information systems, for the electronic distribution of all forms of information, including voice, data and images.
191	191
192	192		[(5) "Chief Information Officer" means the department head for the Department of Information Technology.]
193	193
194	194		(5) "Commissioner" means the Commissioner of Administrative Services.
195	195
196	196		Sec. 28. Section 4d-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
197	197
198	198		(a) There is established the [Department] Division of Information Technology within the Department of Administrative Services. [The Department of Information Technology shall be administered by a Chief Information Officer, who shall be an individual knowledgeable with respect to information and telecommunication systems. The Chief Information Officer shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, with the powers and duties prescribed in said sections.
199	199
200	200		(b) The Department of Information Technology shall constitute a successor department to the Office of Information and Technology, in accordance with the provisions of sections 4-38d, 4-38e and 4-39.]
201	201
202	202		[(c)] (b) The [Chief Information Officer] Commissioner of Administrative Services shall: (1) [Develop and implement an integrated set of policies and architecture pertaining to information and telecommunication systems for state agencies; (2) develop a series of comprehensive standards and planning guidelines pertaining to the development, acquisition, implementation, and oversight and management of information and telecommunication systems for state agencies; (3) identify] Identify and implement (A) optimal information and telecommunication systems to efficiently service the needs of state agencies, and (B) opportunities for reducing costs for such systems; [(4)] (2) approve or disapprove, in accordance with guidelines established by the [Chief Information Officer] commissioner, each proposed state agency acquisition of hardware or software for an information or telecommunication system, except for (A) hardware or software having a cost of less than twenty thousand dollars, or (B) hardware or software having a cost of twenty thousand dollars or more, but less than one hundred thousand dollars, which is for a project that complies with the agency's business systems plan as approved by the [Chief Information Officer] commissioner; [(5)] (3) approve or disapprove, in accordance with guidelines established by the [Chief Information Officer] commissioner, all state agency requests or proposed contracts for consultants for information and telecommunication systems; [(6)] (4) be responsible for purchasing, leasing and contracting for all information system and telecommunication system facilities, equipment and services for state agencies, in accordance with the provisions of subsection (a) of section 4d-8, except for the offices of the Governor, Lieutenant Governor, Treasurer, Attorney General, Secretary of the State and Comptroller; [(7)] (5) review existing and new information and telecommunication system technologies to ensure consistency with the strategic plan established under section 4d-7, as amended by this act, and approved state agency architecture and make recommendations to the Standardization Committee established under section 4a-58 for review and appropriate action; [(8)] (6) cooperate with the General Assembly, the Judicial Department and the constituent units of the state system of higher education in assessing opportunities for cost savings and greater sharing of information resources which could result if such entities acquire information and telecommunication systems similar to those of state agencies; [(9)] (7) ensure state-wide implementation of the 9-1-1 and E 9-1-1 systems; and [(10)] (8) report annually, on or before February fifteenth, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and government administration and elections on all technology projects on which the department is working or that the department plans to undertake.
203	203
204	204		[(d)] (c) The Department of [Information Technology] Administrative Services shall approve or disapprove a state agency request or proposed contract under subdivision [(4) or (5)] (2) or (3) of subsection (c) of this section no later than seven business days after receipt of the request or proposed contract and any necessary supporting information. If the Department of [Information Technology] Administrative Services does not approve or disapprove the request or proposed contract by the end of such seven-day period, the request or proposed contract shall be deemed to have been approved. The provisions of said subdivision [(5)] (3) shall not apply to telecommunication consultants retained by the Department of Public Utility Control or the Office of Consumer Counsel in connection with telecommunication proceedings of said department.
205	205
206	206		Sec. 29. Section 4d-7 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
207	207
208	208		(a) The [Chief Information Officer] Commissioner of Administrative Services shall develop, publish and annually update an information and telecommunication systems strategic plan, in accordance with the policies established by the Office of Policy and Management, which shall have the following goals: (1) To provide a level of voice and data communications service among all state agencies that will ensure the effective and efficient completion of their respective functions; (2) [to establish a direction for the collection, storage, management and use of information by state agencies in an efficient manner; (3) to develop a comprehensive information policy for state agencies that clearly articulates (A) the state's commitment to the sharing of its information resources, (B) the relationship of such resources to library and other information resources in the state, and (C) a philosophy of equal access to information; (4)] to provide all necessary telecommunication services between state agencies and the public; [(5)] (3) to provide, in the event of an emergency, immediate voice and data communications and critical application recovery capabilities which are necessary to support state agency functions; and [(6)] (4) to provide necessary access to higher technology for state agencies.
209	209
210	210		(b) In order to facilitate the development of a fully integrated state-wide information services and telecommunication system which effectively and efficiently supports data processing and telecommunication requirements of all state agencies, the strategic plan shall include: (1) Establishment of guidelines and standards for the architecture for information and telecommunication systems which support state agencies; (2) plans for a cost-effective state-wide telecommunication network to support state agencies, which network may consist of different types of transmission media, including wire, fiber and radio, and shall be able to support voice, data, video and facsimile transmission requirements and any other form of information exchange which takes place via electromagnetic media; (3) a level of information systems and telecommunication planning for all state agencies and operations throughout the state that will ensure the effective and efficient utilization and access to the state's information and telecommunication resources, including but not limited to, (A) an inventory of existing on-line public access arrangements for state agency data bases which contain information subject to disclosure under the Freedom of Information Act, as defined in section 1-200, (B) a list of data bases for which such access could be provided, including data bases containing consumer, business and health and human services program information, (C) provisions addressing the feasibility and cost of providing such access, (D) provisions for a public-private partnership in providing such on-line access, and (E) provisions to enable citizens to communicate with state agencies by electronic mail; and (4) identification of annual expenditures and major capital commitments for information and telecommunication systems. [; and (5) a direction and policy planning pertaining to the infusion of new technology for such systems for state agencies.] In carrying out the provisions of subparagraphs (A) to (E), inclusive, of subdivision (3) of this subsection, the [Chief Information Officer] Commissioner of Administrative Services shall consult with representatives of business associations, consumer organizations and nonprofit human services providers.
211	211
212	212		(c) Each state agency shall submit to the [Chief Information Officer] Commissioner of Administrative Services all plans, documents and other information requested by the [Chief Information Officer] commissioner for the development of such plan.
213	213
214	214		(d) The [Chief Information Officer] Commissioner of Administrative Services shall not implement a state agency proposal for information system hardware, software, maintenance service or consulting unless such proposal complies with the strategic plan and the agency's approved business systems plan. The [Chief Information Officer] commissioner shall maintain a current inventory of information system components to facilitate asset management and procurement leverage.
215	215
216	216		Sec. 30. Section 4d-8 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
217	217
218	218		(a) The provisions of title 4a shall apply to the purchasing, leasing and contracting for information system and telecommunication system facilities, equipment and services. [by the Chief Information Officer, except that (1) the Chief Information Officer shall have the powers and duties that are assigned by said title 4a to the Commissioner of Administrative Services and (2) the Chief Information Officer] The Commissioner of Administrative Services may use competitive negotiation, as defined in section 4a-50, to purchase or contract for such facilities, equipment and services after making a written determination, including the reasons therefor, that such action is in the best interest of the state. The [Chief Information Officer] commissioner shall adopt regulations, in accordance with the provisions of chapter 54, establishing objective standards for determining when such competitive negotiation may be used instead of competitive bidding, including whether the character of the facilities, equipment or services is more important than their relative cost.
219	219
220	220		(b) (1) As used in this subsection, "information technology personal property" includes, but is not limited to, electronic data processing equipment, other equipment necessary for the utilization of information systems, telecommunication equipment or installations, and other equipment necessary for the utilization of telecommunication systems.
221	221
222	222		(2) Notwithstanding any provision of the general statutes to the contrary, the [Chief Information Officer] Commissioner of Administrative Services may sell, lease or otherwise dispose of information technology personal property. The [Chief Information Officer] commissioner may execute personal service agreements or other contracts with outside vendors for such purposes. If any such information technology personal property was purchased or improved with the proceeds of tax-exempt obligations issued or to be issued by the state, the [Chief Information Officer] commissioner shall notify the State Treasurer and obtain the approval of the State Treasurer, before selling, leasing or disposing of the personal property or executing such an agreement or contract for such purpose. The State Treasurer may disapprove such sale, lease, disposition, agreement or contract only if it would affect the tax-exempt status of such obligations and could not be modified to maintain such tax-exempt status.
223	223
224	224		Sec. 31. Section 4d-9 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
225	225
226	226		There shall be a Technical Services Revolving Fund in the Department of [Information Technology] Administrative Services for the purchase, installation and utilization of information systems, as defined in section 4d-1, as amended by this act, for budgeted agencies of the state. The [Chief Information Officer] Commissioner of Administrative Services and the Secretary of the Office of Policy and Management shall jointly be responsible for the administration of such fund. Said [officer] commissioner and secretary shall develop appropriate review procedures and accountability standards for such fund and measures for determining the performance of the fund in carrying out the purposes of this part.
227	227
228	228		Sec. 32. Section 4d-12 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
229	229
230	230		(a) The [Chief Information Officer] Commissioner of Administrative Services may establish such committees as he deems necessary to advise said [office] commissioner in carrying out the purposes of sections 4d-1 to 4d-5, inclusive, as amended by this act, section 4d-7, as amended by this act, and sections 4d-11 to 4d-14, inclusive, as amended by this act.
231	231
232	232		(b) There is established an information and telecommunication systems executive steering committee consisting of the [Chief Information Officer] Commissioner of Administrative Services, the Secretary of the Office of Policy and Management, the Comptroller, the Treasurer [, the Commissioner of Administrative Services] and the chairperson of the board of trustees of each constituent unit of the state system of higher education, or their designees. The [Chief Information Officer] Commissioner of Administrative Services, or [his] a designee, shall serve as [chairman] chairperson of the committee. The Department of [Information Technology] Administrative Services shall serve as staff to the committee. The committee shall (1) review and approve or disapprove the annual information and telecommunication systems strategic plan developed under section 4d-7, as amended by this act, state agency estimates of expenditure requirements for information and telecommunication systems established under section 4d-11, as amended by this act, and major telecommunication initiatives, (2) review, in consultation with the Department of [Information Technology] Administrative Services, and approve or disapprove variances to (A) the list of approved architectural components for information and telecommunication systems for state agencies, (B) the strategic plan, and (C) appropriations for information and telecommunication systems, and (3) advise the Department of [Information Technology] Administrative Services on the organization and functions of the department. The committee shall submit a report on each approved variance to the General Assembly. Such report shall include the reasons for the variance and the results of a cost-benefit analysis on the variance.
233	233
234	234		Sec. 33. Subsection (a) of section 4d-45 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
235	235
236	236		(a) No contracts or amendments to contracts for information system or telecommunication system facilities, equipment or services, which are entered into by any state agency (1) pursuant to the request for proposal issued by the Department of Administrative Services dated February 21, 1997, or (2) in the event such request for proposal is withdrawn, suspended or superseded, pursuant to any similar request for proposal issued by the Department of Administrative Services, [or the Department of Information Technology,] shall be effective except as provided in this section and sections 4d-46 and 4d-47.
237	237
238	238		Sec. 34. Subsection (a) of section 4d-80 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
239	239
240	240		(a) There is established a Commission for Educational Technology within the Department of [Information Technology] Administrative Services for administrative purposes only. The commission shall consist of: (1) The [Chief Information Officer of the Department of Information Technology] Commissioner of Administrative Services, or the [Chief Information Officer's] commissioner's designee, the Commissioners of Education and Higher Education, or their designees, the State Librarian, or the State Librarian's designee, the chairperson of the Department of Public Utility Control, or the chairperson's designee, the chief executive officers of the constituent units of the state system of higher education, or their designees, (2) one member each representing the Connecticut Conference of Independent Colleges, the Connecticut Association of Boards of Education, the Connecticut Association of Public School Superintendents, the Connecticut Educators Computer Association, and the Connecticut Library Association, (3) a secondary school teacher designated by the Connecticut Education Association and an elementary school teacher designated by the Connecticut Federation of Educational and Professional Employees, and (4) four members who represent business and have expertise in information technology, one each appointed by the Governor, the Lieutenant Governor, the speaker of the House of Representatives and the president pro tempore of the Senate. The Lieutenant Governor shall convene the first meeting of the commission on or before September 1, 2000.
241	241
242	242		Sec. 35. Subsection (c) of section 4e-13 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
243	243
244	244		(c) All state agencies in the executive branch, the constituent units of the state system of higher education and quasi-public agencies shall post all bids, requests for proposals and all resulting contracts and agreements on the State Contracting Portal and shall, with the assistance of the Department of Administrative Services [and the Department of Information Technology] as needed, develop the infrastructure and capability to electronically communicate with the State Contracting Portal.
245	245
246	246		Sec. 36. Subsection (a) of section 10a-151b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
247	247
248	248		(a) Notwithstanding the provisions of chapter 58, and sections 4-98, 4a-4, 4a-5, 4a-6, 4d-2, and 4d-5 to the contrary, a chief executive officer may purchase equipment, supplies and contractual services, execute personal service agreements, as defined in section 4-212, or lease personal property compatible, where relevant, with standards for computer architecture established by the Department of [Information Technology] Administrative Services, without the approval of the Comptroller [,] or the Commissioner of Administrative Services, [or the Chief Information Officer,] provided the Chief Executive Officer consults with the [Chief Information Officer] commissioner and such purchases are made in accordance with this section and in accordance with policies which are (1) adopted by the board of trustees of the constituent unit after reasonable opportunity for interested persons to present their views, and (2) subject to section 4-175. For purposes of this section, "chief executive officer" means the chief executive officer of a constituent unit of the state system of higher education or the chief executive officer of an institution within the jurisdiction of such a constituent unit. The provisions of sections 4-212 to 4-219, inclusive, and section 9 of public act 93-336 shall not apply to personal service agreements executed pursuant to this section.
249	249
250	250		Sec. 37. Section 14-42a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
251	251
252	252		(a) The Commissioner of Motor Vehicles and the [Chief Information Officer of the Department of Information Technology] Commissioner of Administrative Services shall enter into an agreement with one or more federally-designated organ and tissue procurement organizations to provide to such organizations access to the names, dates of birth and other pertinent information of holders of operator's licenses and identity cards issued pursuant to section 1-1h who have registered with the Department of Motor Vehicles an intent to become organ and tissue donors. Such access shall be provided in a manner and form to be determined by the [commissioner and Chief Information Officer] commissioners, following consultation with such organizations, and may include electronic transmission of initial information and periodic updating of information. The [commissioner] Commissioner of Motor Vehicles shall not charge a fee for such access pursuant to section 14-50a, but may charge such organizations reasonable administrative costs. Information provided to such organizations shall be used solely for identifying such license holders as organ and tissue donors.
253	253
254	254		(b) The Commissioner of Motor Vehicles shall include in regulations adopted pursuant to sections 14-36f and 14-78 a requirement that a description of the purposes and procedures of procurement organizations, as defined in section 19a-289a, be included in driver education programs.
255	255
256	256		Sec. 38. Section 19a-25e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
257	257
258	258		(a) The Department of Public Health and The University of Connecticut Health Center may, within available appropriations, develop a Connecticut Health Information Network plan to securely integrate state health and social services data, consistent with state and federal privacy laws, within and across The University of Connecticut Health Center and the Departments of Public Health, Developmental Services and Children and Families. Data from other state agencies may be integrated into the network as funding permits and as permissible under federal law.
259	259
260	260		(b) The Department of Public Health and The Center for Public Health and Health Policy at The University of Connecticut Health Center shall collaborate with the Departments of [Information Technology] Administrative Services, Developmental Services, and Children and Families to develop the Connecticut Health Information Network plan.
261	261
262	262		(c) The plan shall: (1) Include research in and describe existing health and human services data; (2) inventory the various health and human services data aggregation initiatives currently underway; (3) include a framework and options for the implementation of a Connecticut Health Information Network, including query functionality to obtain aggregate data on key health indicators within the state; (4) identify and comply with confidentiality, security and privacy standards; and (5) include a detailed cost estimate for implementation and potential sources of funding.
263	263
264	264		Sec. 39. (NEW) (Effective July 1, 2011) (a) There is established a Department of Construction Services. The department head shall be the Commissioner of Construction Services, who shall be appointed by the Governor, in accordance with the provisions of sections 4-5 to 4-8, inclusive, of the general statutes, as amended by this act, with the powers and duties prescribed in said sections 4-5 to 4-8, inclusive.
265	265
266	266		(b) The Department of Construction Services shall constitute a successor department to the Department of Public Works in accordance with the provisions of section 4-38d of the general statutes with respect to those duties and functions of the Department of Public Works concerning construction or maintenance of state buildings or property pursuant to any provision of the general statutes. 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 Department of Public Works, as said department existed immediately prior to July 1, 2011, and the Department of Construction Services shall be governed by the provisions of sections 4-38d, 4-38e and 4-39 of the general statutes.
267	267
268	268		(c) The Department of Construction Services shall constitute a successor department to the Department of Public Safety with respect to the Division of Fire, Emergency and Building Services within the Department of Public Safety. 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 concerning said division, between the Department of Public Safety and the Department of Construction Services shall be governed by the provisions of sections 4-38d, 4-38e and 4-39 of the general statutes.
269	269
270	270		(d) Any order or regulation of (1) the Department of Public Works concerning construction or maintenance of state buildings or property, or (2) the Department of Public Safety pursuant to chapter 541 of the general statutes, which is in force on July 1, 2011, shall continue in force and effect as an order or regulation of the Department of Construction Services until amended, repealed or superseded pursuant to law. Where any order or regulation of said departments or board conflict, the Commissioner of Construction Services may implement policies and procedures consistent with the provisions of this act while in the process of adopting the policy or procedure in regulation form, provided notice of intention to adopt regulations is printed in the Connecticut Law Journal within twenty days of implementation. The policy or procedure shall be valid until the time final regulations are effective.
271	271
272	272		(e) The commissioner may, within available appropriations, employ any other personnel that may be necessary in the performance of the department's functions.
273	273
274	274		(f) The commissioner may enter into contracts for the furnishing by any person or agency, public or private, of services necessary for the proper execution of the duties of the department. Any such contract that has a cost of three thousand dollars or more shall be subject to the approval of the Attorney General.
275	275
276	276		(g) The commissioner may perform any other acts that may be necessary and appropriate to carry out the functions of the department as set forth in this section.
277	277
278	278		Sec. 40. Section 4b-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
279	279
280	280		(a) The Commissioner of [Public Works] Construction Services shall (1) be responsible for the administrative functions of construction and planning of all capital improvements undertaken by the state, except (A) highway and bridge construction, the construction and planning of capital improvements related to mass transit, marine and aviation transportation, (B) the Connecticut Marketing Authority, (C) planning and construction of capital improvements to the State Capitol building or the Legislative Office Building and related facilities by the Joint Committee on Legislative Management, (D) any project as defined in subdivision (16) of section 10a-109c, undertaken by The University of Connecticut, and (E) construction and planning of capital improvements related to the Judicial Department if such construction and planning do not constitute a project within the meaning of subsection (g) of section 4b-55, including the preparation of preliminary plans, estimates of cost, development of designs, working plans and specifications, award of contracts and supervision and inspection. For the purposes of this subparagraph (E), the term "Judicial Department" does not include the courts of probate, the Division of Criminal Justice and the Public Defender Services Commission, except where such agencies share facilities in state-maintained courts; (2) select consultant firms in accordance with the provisions of sections 4b-56 to 4b-59, inclusive, to assist in the development of plans and specifications when in the commissioner's judgment such assistance is desirable; (3) render technical advice and service to all state agencies in the preparation and correlation of plans for necessary improvement of their physical plants; and (4) cooperate with those charged with fiscal programming and budget formulation in the development of a capital program and a capital budget for the state. [; (5) be responsible for the purchase, sale, lease, sublease and acquisition of property and space to house state agencies and, subject to the provisions of section 4b-21, the sale or exchange of any land or interest in land belonging to the state; (6) maintain a complete and current inventory of all state-owned or leased property and premises, including space-utilization data; (7) supervise the care and control of buildings and grounds owned or leased by the state in Hartford, except the building and grounds of the State Capitol and the Legislative Office Building and parking garage and related structures and facilities and grounds, as provided in section 2-71h, and the Connecticut Marketing Authority and property under the supervision of the Office of the Chief Court Administrator under the terms of section 4b-11; and (8) be responsible for the administrative functions of establishing and maintaining security standards for all facilities housing the offices and equipment of the state except (A) Department of Transportation mass transit, marine and aviation facilities, (B) the State Capitol and the Legislative Office Building and related facilities, (C) facilities under the care and control of The University of Connecticut or other constituent units of the state system of higher education, (D) Judicial Department facilities, (E) Department of Public Safety facilities, (F) Military Department facilities, (G) Department of Correction facilities, (H) Department of Children and Families client-occupied facilities, (I) facilities occupied by the Governor, Lieutenant Governor, Attorney General, Comptroller, Secretary of the State and Treasurer, and (J) facilities occupied by the Board of Pardons and Paroles. As used in this subdivision, "security" has the meaning assigned to it in section 4b-130. Subject to the provisions of chapter 67, said commissioner may appoint such employees as are necessary for carrying out the duties prescribed to said commissioner by the general statutes.]
281	281
282	282		(b) Notwithstanding any other provision of the general statutes, except for the property of The University of Connecticut, the commissioner may supervise the care and control of (1) any state-owned or leased office building, and related buildings and grounds, outside the city of Hartford, used as district offices, except any state-owned or leased office building, and related buildings and grounds, used by the Judicial Department, and (2) any other state-owned or leased property, on a temporary or permanent basis, if the commissioner, the Secretary of the Office of Policy and Management and the executive head of the department or agency supervising the care and control of such property agree, in writing, to such supervision.
283	283
284	284		Sec. 41. (NEW) (Effective July 1, 2011) On and after July 1, 2011, (1) "Commissioner of Construction Services" shall be substituted for "Commissioner of Public Safety", and (2) "Department of Construction Services" shall be substituted for "Department of Public Safety", in the following sections of the general statutes: 10a-91d, 10a-109ff, 17a-154, 21a-86f, 29-251, 29-251a, 29-251b, 29-251c, 29-252, 29-252a, 29-254b, 29-256, 29-256a, 29-256b, 29-258, 29-261, 29-262, 29-262a, 29-263, 29-269a, 29-298a, 29-313, 29-315, 29-317, 29-317, as amended by section 7 of public act 09-177 and sections 1 and 6 of public act 10-54, 29-319, 29-320, 29-320, as amended by section 8 of public act 09-177 and sections 2 and 6 of public act 10-54, 29-321, 29-322, 29-322, as amended by section 9 of public act 09-177 and section 6 of public act 10-54, 29-325, 29-331, 29-331, as amended by section 14 of public act 09-177 and section 6 of public act 10-54, 29-332, 29-333, 29-337, 29-337, as amended by section 15 of public act 09-177 and section 6 of public act 10-54, 29-338, 29-339, 29-345, 29-346, 29-349, 29-355, 29-359, 29-401, 29-402 and 29-403.
285	285
286	286		Sec. 42. (NEW) (Effective July 1, 2011) On and after July 1, 2011, (1) "Commissioner of Construction Services" shall be substituted for "Commissioner of Public Works", and (2) "Department of Construction Services" shall be substituted for "Department of Public Works", in the following sections of the general statutes: 3-10, 3-20, 3-21d, 4-61, 4-87, 4-89, 4b-1a, 4b-12, 4b-13, 4b-16, 4b-17, 4b-22a, 4b-24, 4b-51, 4b-51a, 4b-52, 4b-53, 4b-54, 4b-55, 4b-55a, 4b-56, 4b-60, 4b-62, 4b-63, 4b-65, 4b-66a, 4b-67, 4b-68, 4b-69, 4b-70, 4b-71, 4b-72, 4b-73, 4b-74, 4b-91, 4b-100, 4b-100a, 4b-102, 4b-103, 4b-130, 4b-132, 4b-133, 4b-134, 5-142, 7-323p, 10a-4a, 10a-91c, 10a-91d, 13a-73, 13b-20n, 16a-37u, 16a-37v, 16a-38, 16a-38a, 16a-38b, 16a-38d, 16a-38i, 16a-38j, 16a-38l, 16a-38m, 16a-39, 17a-27, 17a-27c, 17a-27d, 17a-451b, 22-64, 22a-6, 22a-12, 22a-439a, 22a-459, 26-3, 27-45, 27-131, 28-1b, 31-57, 32-6, 32-612, 32-613, 32-655a and 49-41b.
287	287
288	288		Sec. 43. Section 4b-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
289	289
290	290		The board of trustees of each state institution shall have the supervision, care and control of all property used in connection with such institution; the Commissioner of Public Safety shall have the supervision, care and control of all property used in connection with the Division of State Police; [and] the Department of Construction Services shall have the supervision, care and control of all property used in connection with the Division of Fire [, Emergency] and Building Services within the Department of [Public Safety] Construction Services located outside the city of Hartford; the Joint Committee on Legislative Management of the General Assembly shall have the supervision, care and control of the State Capitol building and grounds, the Legislative Office Building and parking garage and grounds and related structures and facilities; the Office of the Chief Court Administrator shall have the supervision, care and control of all property where the Judicial Department is the primary occupant and of the building and grounds of the State Library and Supreme Court and shall establish policies and procedures governing such supervision, care and control. For the purposes of this section, the term "Judicial Department" does not include the courts of probate, the Division of Criminal Justice and the Public Defender Services Commission, except where they share facilities in state-maintained courts. Such board of trustees and said commissioner may make regulations for the maintenance of order on, and the safeguarding and use of, any such property, subject to the direction and supervision of the Commissioner of [Public Works] Construction Services. Any person who trespasses upon such property shall be subject to the penalty for criminal trespass, as provided in sections 53a-107 to 53a-109, inclusive, or simple trespass, as provided in section 53a-110a. Any person who violates any regulation concerning the use of such property shall be fined not more than five hundred dollars or imprisoned not more than three months, or both.
291	291
292	292		Sec. 44. Subdivision (10) of section 20-330 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
293	293
294	294		(10) "State Fire Marshal" means the State Fire Marshal [or any member of the Division of State Police to whom the Commissioner of Public Safety has delegated powers under section 29-291] appointed by the Commissioner of Construction Services;
295	295
296	296		Sec. 45. Section 29-250 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
297	297
298	298		(a) There shall be within the Department of [Public Safety] Construction Services a Division of Fire [, Emergency] and Building Services. The Commissioner of [Public Safety] Construction Services shall serve as administrative head of said division. In his capacity as administrative head, the commissioner may delegate his jurisdiction of the affairs of the division to a deputy commissioner. [who shall be a civilian.]
299	299
300	300		(b) There shall be in the Division of Fire [, Emergency] and Building Services (1) an Office of the State Fire Marshal, and (2) an Office of the State Building Inspector. [, and (3) an Office of State-Wide Emergency Telecommunications. The State Building Inspector shall serve as administrative head of the Office of the State Building Inspector.] The head of each such office shall report to the [administrative head of the Division of Fire, Emergency and Building Services] Commissioner of Construction Services.
301	301
302	302		Sec. 46. Section 29-315a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
303	303
304	304		On or before July 1, 2005, each chronic and convalescent nursing home or rest home with nursing supervision licensed pursuant to chapter 368v shall submit a plan for employee fire safety training and education to the Departments of Public Health and [Public Safety] Construction Services and the Labor Department. Such plan shall, at a minimum, comply with standards adopted by the federal Occupational Safety and Health Administration, including, but not limited to, standards listed in 29 CFR 1910.38, 1910.39 and 1910.157, as adopted pursuant to chapter 571, or 29 USC Section 651 et seq., as appropriate. The commissioners shall review each such plan and may make recommendations they deem necessary. Once approved or revised, such plan shall not be required to be resubmitted until further revised or there is a change of ownership of the nursing or rest home.
305	305
306	306		Sec. 47. Section 4-67g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
307	307
308	308		There is created a Bureau of Real Property Management within the Office of Policy and Management. Such office shall be responsible for: (1) Long-range planning with regard to the use of all state real property; (2) determining the level of efficiency of each and every state agency's use of any and all real property under its control; and (3) reviewing the inventory of state property maintained by the Commissioner of [Public Works pursuant to subdivision (6) of section 4b-1] Construction Services to determine the appropriate use of such properties.
309	309
310	310		Sec. 48. Section 4-77b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
311	311
312	312		The estimates of expenditure requirements transmitted by the Commissioner of [Public Works] Construction Services to the Secretary of the Office of Policy and Management pursuant to section 4-77 and the appropriations recommended in the budget document transmitted by the Governor to the General Assembly pursuant to section 4-71 shall include an estimate of the amount required by the Department of [Public Works] Administrative Services for the leasing of additional facilities and an estimate of the amount required by the Department of Construction Services for the maintenance, including preventive maintenance, of facilities under the supervision, care and control of the [department] Department of Construction Services.
313	313
314	314		Sec. 49. Section 4-142b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
315	315
316	316		The Department of Administrative Services shall provide staff support for the Office of the Claims Commissioner. The Claims Commissioner shall maintain a permanent office in Hartford County in such suitable space as the Commissioner of [Public Works] Administrative Services provides. All papers required to be filed with the Claims Commissioner shall be delivered to such office.
317	317
318	318		Sec. 50. Section 4b-23 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
319	319
320	320		(a) As used in this section, "facility" means buildings and real property owned or leased by the state. The Secretary of the Office of Policy and Management shall establish guidelines which further define such term. All agencies and departments of the state shall notify the Secretary of the Office of Policy and Management of their facility needs including, but not limited to, the types of such facilities and the municipalities or general location for the facilities. Each agency and department shall continue long-range planning for facility needs, establish a plan for its long-range facility needs and submit such plan and related facility project requests to the Secretary of the Office of Policy and Management, and a copy thereof to the Commissioner of [Public Works] Administrative Services, on or before September first of each even-numbered year. Each such request shall be accompanied by a capital development impact statement, as required by section 4-66b, and a colocation statement, as required by section 4b-31, if the secretary so requires. Each agency and department shall base its long-term planning for facility needs on a program plan. The secretary shall establish a content guide and schedule for such plans. Each agency and department shall prepare its program plan in accordance with such guide and file it with the secretary pursuant to such schedule. Facility plans shall include, but not be limited to: Identification of (1) long-term and short-term facility needs, (2) opportunities for the substitution of state-owned space for leased space, (3) facilities proposed for demolition or abandonment which have potential for other uses and (4) space modifications or relocations that could result in cost or energy savings. Each agency or department program plan and facility plan and its facility project requests shall cover a period of at least five years. The secretary shall provide agencies and departments with instructions for preparing program plans, long-term facility plans and facility project requests and shall provide appropriate programmatic planning assistance. The Commissioner of [Public Works] Construction Services shall assist agencies and departments with long-term facilities planning and the preparation of cost estimates for such plans and requests. The Secretary of the Office of Policy and Management shall review such plans and prepare an integrated state facility plan which meets the aggregate facility needs of the state. The secretary shall review the cost effective retrofit measures recommended to him by the Commissioner of [Public Works] Construction Services under subsection (b) of section 16a-38a and include in the plan those measures which would best attain the energy performance standards established under subdivision (1) of subsection (b) of section 16a-38.
321	321
322	322		(b) On or before December first of each even-numbered year, the Commissioner of [Public Works] Administrative Services shall provide the Secretary of the Office of Policy and Management with a review of the plans and requests submitted pursuant to subsection (a) of this section for consistency with realistic cost factors, space requirements, space standards, implementation schedules, priority needs, objectives of the Commissioner of [Public Works] Administrative Services in carrying out his responsibilities under section 4b-30 and the need for the maintenance, improvement and replacement of state facilities.
323	323
324	324		(c) The Secretary of the Office of Policy and Management shall present a proposed state facility plan to the Properties Review Board on or before February fifteenth of each odd-numbered year. Such plan shall be known as the recommended state facility plan and shall include all leases and capital projects and a statement of the degree to which it promotes the colocation goals addressed in subsection (e) of section 4b-31. The secretary shall establish guidelines defining "capital projects". The Properties Review Board shall submit its recommendations to the secretary on or before March first of each odd-numbered year. The Properties Review Board recommendations shall address the goals described in subsection (e) of section 4b-31. The secretary shall present the recommended state facility plan to the General Assembly on or before March fifteenth of each odd-numbered year.
325	325
326	326		(d) Upon the approval by the General Assembly of the operating and capital budget appropriations, the Secretary of the Office of Policy and Management shall update and modify the recommended state facility plan, which shall then be known as the state facility plan. The state facility plan shall be used as an advisory document for the leasing of property for use by state agencies and departments and for related capital projects.
327	327
328	328		(e) Implementation of the state facility plan shall be the responsibility of the Commissioner of [Public Works] Construction Services. He shall conduct a study of each proposed facility in the plan to determine: (1) The method of choice for satisfying each such facility need, (2) the geographical areas best suited to such need, (3) the feasibility and cost of such acquisition using a life-cycle cost analysis as established by subdivision (2) of subsection (b) of section 16a-38, (4) the degree to which the plan promotes the goals addressed in subsection (e) of section 4b-31 and (5) any other relevant factors. Said commissioner shall review and approve each facility plan implementation action and shall submit to the Properties Review Board a list of each such action approved and the method and plan by which it shall be accomplished. Said commissioner shall endeavor to locate human services agencies in the same buildings as municipal and private agencies that provide human services. The results of said commissioner's study along with all supportive materials shall be immediately sent to the Properties Review Board. The board shall meet to review the decision of the commissioner and may request the commissioner or any member of his department, and the head of the requesting agency or any of his employees to appear for the purpose of supplying pertinent information. Said board shall call a meeting within two weeks of the receipt of the commissioner's decision, and may meet as often as necessary, to review said decision. The board, within ninety days after the receipt of the decision of the Commissioner of [Public Works] Construction Services, shall either accept, reject or request modification of such decision, except that when more time is required, the board may have a ninety-day extension of time, provided the board shall advise the Commissioner of [Public Works] Construction Services in writing as to the reasons for such extension of time. If such decision is disapproved by the board, it shall so inform the commissioner along with its reasons therefor, and the commissioner shall inform the head of the requesting agency and the Secretary of the Office of Policy and Management that its request has been rejected. If such decision is approved by the board it shall inform the commissioner of such approval and the commissioner shall immediately communicate his decision to the head or acting head of such governmental unit and to the Secretary of the Office of Policy and Management and shall set forth the procedures to be taken to accomplish the results of such decision. The decision to make public such decision shall rest solely with the commissioner both as to time and manner of disclosure, but in no event shall such period exceed one year. The commissioner shall, when he deems it to be in the public interest, authorize the disclosure of such information; however, in the absence of such authorization, any unauthorized disclosure shall be subject to the criminal provisions of section 4b-27. All decisions made by the commissioner under the provisions of this section shall require review by the board. Except as otherwise hereinafter provided, the approval or disapproval of the Properties Review Board shall be binding on the commissioner and the requesting agency with regard to the acquisition of any real estate by lease or otherwise, notwithstanding any other statute or special act to the contrary. A majority vote of the board shall be required to accept or reject a decision of the commissioner.
329	329
330	330		(f) Within forty-five days from the date of the board's decision regarding the request of a governmental unit, the head or acting head of such unit shall notify the commissioner (1) that it accepts his decision, (2) that it rejects his decision and withdraws its request, or (3) that it does not approve such decision and requests that all or part of such decision be modified by the commissioner. When such modification is requested, the commissioner shall, within three weeks from receipt of such request, consider and act upon such request for modification and submit his decision to the Properties Review Board. If the commissioner and the board fail to agree to such modification in whole or in part, the governmental unit may, within ten days from the date of notification of such final decision, accept the commissioner's final decision, reject such decision and withdraw its request, or appeal to the Governor. Upon such appeal, the commissioner shall submit a report to the Governor stating the board's conclusions and supporting material therefor and the governmental agency shall submit a report to the Governor stating its objections to such decision and its supporting material therefor. The Governor shall, within thirty days of the receipt of such reports, make a decision which shall be binding on the parties involved. In the absence of any such appeal or withdrawal of request, the decision of the commissioner and the board shall be final and binding upon the governmental unit.
331	331
332	332		(g) After final action is taken approving any request or modification thereof, condemnation procedures shall continue to be prosecuted in the same manner as they were on July 1, 1975, by the agency involved, where such procedures are applicable and authorized by statute.
333	333
334	334		(h) Approval by the Properties Review Board shall not be required prior to State Bond Commission authorization of funds (1) for planning costs and other preliminary expenses for any construction or acquisition project, or (2) for any construction or acquisition project for which an architect was selected prior to July 1, 1975.
335	335
336	336		(i) As used in this subsection, (1) "project" means any state program, except the downtown Hartford higher education center project, as defined in subsection (l) of section 4b-55, requiring consultant services if the cost of such services is estimated to exceed one hundred thousand dollars or, in the case of a constituent unit of the state system of higher education, the cost of such services is estimated to exceed three hundred thousand dollars, or in the case of a building or premises under the supervision of the Office of the Chief Court Administrator or property where the Judicial Department is the primary occupant, the cost of such services is estimated to exceed three hundred thousand dollars; (2) "consultant" means "consultant" as defined in section 4b-55; and (3) "consultant services" means "consultant services" as defined in section 4b-55. Any contracts entered into by the commissioner with any consultants for employment (A) for any project under the provisions of this section, (B) in connection with a list established under subsection (d) of section 4b-51, or (C) by task letter issued by the commissioner to any consultant on such list pursuant to which the consultant will provide services valued in excess of one hundred thousand dollars, shall be subject to the approval of the Properties Review Board prior to the employment of said consultant or consultants by the commissioner. The Properties Review Board shall, within thirty days, approve or disapprove the selection of or contract with any consultant made by the Commissioner of [Public Works] Construction Services pursuant to sections 4b-1, as amended by this act, and 4b-55 to 4b-59, inclusive. If upon the expiration of the thirty-day period a decision has not been made, the Properties Review Board shall be deemed to have approved such selection or contract.
337	337
338	338		(j) The Properties Review Board shall, within thirty days, approve or disapprove the proposed acquisition by lease of any residential property by the Commissioner of Developmental Services pursuant to subsection (d) of section 4b-3, as amended by this act. If upon the expiration of such thirty-day period a decision has not been made, the Properties Review Board shall be deemed to have approved such lease.
339	339
340	340		(k) Any agency or department of state government requiring additional facilities not included in the state facility plan may submit a request to the Secretary of the Office of Policy and Management outlining the justification for its request. The agency or department shall also provide (1) in the case of a request not previously submitted to the secretary pursuant to subsection (a) of this section, the reasons why it was not so submitted, and (2) in the case of a request so submitted, sufficient new information to warrant reconsideration. Such request shall include a statement of the degree to which the proposed state facility plan promotes the goals addressed in subsection (e) of section 4b-31, if the secretary so requires. Such request shall also be accompanied by a capital development impact statement as required under section 4-66b, if the secretary so requires. Subsections (b) to (d), inclusive, of this section shall not apply to the review of such requests. Any such request for additional facilities which are determined by the Secretary of the Office of Policy and Management to be of emergency nature or the lack of which may seriously hinder the efficient operation of the state, may be approved by the Properties Review Board and the Secretary of the Office of Policy and Management and shall be known as an approval made during the interim between state facility plans. No action may be taken by the state to lease or construct such additional facilities unless the secretary makes such a determination.
341	341
342	342		(l) The Commissioner of [Public Works] Administrative Services shall monitor the amount of leased space being requested and the costs of all proposed and approved facility project actions and, in the case of space or facility projects for which bond funds were authorized, shall advise the Secretary of the Office of Policy and Management and the Governor when the space to be leased or the forecast costs to complete the project exceed the square footage amount or the cost levels in the approved state facility plan by ten per cent or more. Approval of the Secretary of the Office of Policy and Management, the Properties Review Board, the State Bond Commission and the Governor shall be required to continue the project.
343	343
344	344		(m) (1) Plans to construct, renovate or modify state-owned or occupied buildings shall provide for a portion of the total planned floor area of newly constructed state buildings or buildings constructed specifically for use by the state to be served by renewable sources of energy, including solar, wind, water and biomass sources, for use in space heating and cooling, domestic hot water and other applications. For the plan due December 1, 1979, the portion to be served by renewable energy sources shall be not less than five per cent of total planned new floor area. For each succeeding state facilities plan submitted after December 1, 1979, the portion of the total planned floor area of any additional newly constructed state buildings or buildings constructed specifically for use by the state to be served by renewable energy sources shall be increased by at least five per cent per year until a goal of fifty per cent of total planned floor area of any additional newly constructed state buildings or buildings constructed specifically for use by the state is reached. For any facility served by renewable energy sources in accordance with this subsection, not less than thirty per cent of the total energy requirements of any specific energy application, including, but not limited to, space heating or cooling and providing domestic hot water, shall be provided by renewable energy sources. The installation in newly constructed state buildings or buildings constructed specifically for use by the state of systems using renewable energy sources in accordance with this subsection, shall be subject to the life-cycle cost analysis provided for in section 16a-38. (2) The state shall fulfill the obligations imposed by subdivision (1) of this section unless such action would cause an undue economic hardship to the state.
345	345
346	346		(n) The recommended state facility plan shall include policies for:
347	347
348	348		(1) The encouragement of the acquisition, transfer and utilization of space in suitable buildings of historic, architectural or cultural significance, unless use of such space would not prove feasible and prudent compared with available alternatives;
349	349
350	350		(2) The encouragement of the location of commercial, cultural, educational and recreational facilities and activities within public buildings;
351	351
352	352		(3) The provision and maintenance of space, facilities and activities to the extent practicable, which encourage public access to and stimulate public pedestrian traffic around, into and through public buildings, permitting cooperative improvements to and uses of the areas between the building and the street, so that such activities complement and supplement commercial, cultural, educational and recreational resources in the neighborhood of public buildings;
353	353
354	354		(4) The encouragement of the public use of public buildings for cultural, educational and recreational activities;
355	355
356	356		(5) The encouragement of the ownership or leasing of modern buildings to replace obsolete facilities, achieve cost and energy efficiencies, maximize delivery of services to the public, preserve existing infrastructure and provide a comfortable and space-efficient work environment; and
357	357
358	358		(6) The encouragement of the establishment of child day care facilities and child development centers including provisions for (A) full-day and year-round programs for children of working parents, (B) opportunities for parents to choose among accredited public or private programs, (C) open enrollment for children in child day care and school readiness programs, and (D) incentives for the colocation and service integration of child day care programs and school readiness programs pursuant to section 4b-31.
359	359
360	360		(o) Not later than January 1, 1988, the Commissioner of [Public Works] Administrative Services shall adopt regulations, in consultation with the Secretary of the Office of Policy and Management and the State Properties Review Board, and in accordance with the provisions of chapter 54, setting forth the procedures which the Department of [Public Works] Administrative Services and such office and board shall follow in carrying out their responsibilities concerning state leasing of offices, space or other facilities. Such regulations shall specify, for each step in the leasing process at which an approval is needed in order to proceed to the next step, what information shall be required, who shall provide the information and the criteria for granting the approval. Notwithstanding any other provision of the general statutes, such regulations shall provide that: (1) The Commissioner of [Public Works] Administrative Services shall (A) review all lease requests included in, and scheduled to begin during, the first year of each approved state-wide facility and capital plan and (B) provide the Secretary of the Office of Policy and Management with an estimate of the gross cost and total square footage need for each lease, (2) the secretary shall approve a gross cost and a total square footage for each such lease and transmit each decision to the requesting agency, the commissioner and the State Properties Review Board, (3) the commissioner shall submit to the secretary, for approval, only negotiated lease requests which exceed such approved cost, or which exceed such approved square footage by at least ten per cent, and (4) the secretary shall approve or disapprove any such lease request not more than ten working days after he receives the request. If the secretary fails to act on the request during such period, the request shall be deemed to have been approved and shall be forwarded to the board.
361	361
362	362		Sec. 51. Section 4b-76 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
363	363
364	364		In the event that a public or special act authorizes the state acquisition of real property or the construction, improvement, repair or renovation of any facility, the Commissioner of [Public Works] Administrative Services, in accordance with the provisions of this title, may acquire such real property [or] and the Commissioner of Construction Services may provide design and construction services for any such construction, improvement, repair or renovation of such facility, or both if applicable.
365	365
366	366		Sec. 52. Section 4b-101a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
367	367
368	368		(a) Not later than January 1, 2006, and annually thereafter, each awarding authority, other than a municipality, shall prepare a report on the status of [(1)] any ongoing project for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building which is estimated to cost more than five hundred thousand dollars and is paid for, in whole or in part, with state funds. [, or (2) any property management contract awarded by the Department of Public Works which has an annual value of one hundred thousand dollars or more.] Except for a school construction project, the awarding authority shall submit the report to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to government administration and finance, revenue and bonding. The report shall be submitted in accordance with section 11-4a. The first report submitted after a contract is awarded shall indicate: [(A)] (1) When, where and how the request for bids was advertised; [(B)] (2) who bid on the projects; [(C)] (3) the provisions of law that governed the award of the contract and if there were any deviations from standard procedure in awarding the contract; [(D)] (4) the names of the individuals who had decision-making authority in awarding the contract, including, but not limited to, the individuals who served on any award panel; [(E)] (5) if an award panel was used, whether the recommendation of the panel was followed and, if applicable, the reason why such recommendation was not followed; [(F)] (6) whether the awarding authority has any other contracts with the contractor who was awarded the contract, and if so, the nature and value of the contract; and [(G)] (7) any provisions of law that authorized or funded the project.
369	369
370	370		(b) The University of Connecticut shall not be required to submit a report pursuant to this section for any project, as defined in subdivision (16) of section 10a-109c, that is undertaken and controlled by the university.
371	371
372	372		Sec. 53. Section 4b-135 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
373	373
374	374		[On or after July 1, 1999, the] The Commissioner of [Public Works] Administrative Services may not execute a new lease for use by a state agency, as defined in section 4b-130, as amended by this act, of any building or structure which is not occupied or possessed by the state at the time of execution of the lease unless (1) the owner or agent of the owner of the building or structure has had a security audit conducted for the building or structure, which in the commissioner's opinion is comparable to security audits conducted by the [commissioner] Commissioner of Construction Services under section 4b-133, as amended by this act, (2) (A) the [commissioner] Commissioner of Administrative Services, in consultation with the Commissioner of Construction Services, determines that the building or structure complies with the security standards established under section 4b-132, as amended by this act, or (B) such owner or agent has implemented the recommendations of the security audit which bring the building or structure into compliance with such security standards, and (3) such owner or agent agrees in the lease to maintain the security standards.
375	375
376	376		Sec. 54. Subsection (a) of section 10a-72 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
377	377
378	378		(a) Subject to state-wide policy and guidelines established by the Board of Governors of Higher Education, said board of trustees shall administer the regional community-technical colleges and plan for the expansion and development of the institutions within its jurisdiction and submit such plans to the Board of Governors of Higher Education for review and recommendations. The Commissioner of [Public Works] Administrative Services on request of the board of trustees shall, in accordance with section 4b-30, as amended by this act, negotiate and execute leases on such physical facilities as the board of trustees may deem necessary for proper operation of such institutions, and said board of trustees may expend capital funds therefor, if such leasing is required during the planning and construction phases of institutions within its jurisdiction for which such capital funds were authorized. The board of trustees may appoint and remove the chief executive officer of each institution within its jurisdiction, and with respect to its own operation the board may appoint and remove a chancellor and an executive staff. The board of trustees may determine the size of the executive staff and the duties, terms and conditions of employment of a chancellor and staff, subject to personnel guidelines established by the Board of Governors of Higher Education in consultation with said board of trustees, provided said board of trustees may not appoint or reappoint members of the executive staff for terms longer than one year. The board of trustees may employ the faculty and other personnel needed to operate and maintain the institutions within its jurisdiction. Within the limitation of appropriations, the board of trustees shall fix the compensation of such personnel, establish terms and conditions of employment and prescribe their duties and qualifications. Said board of trustees shall determine who constitutes its professional staff and establish compensation and classification schedules for its professional staff. Said board shall annually submit to the Commissioner of Administrative Services a list of the positions which it has included within the professional staff. The board shall establish a division of technical and technological education. The board of trustees shall confer such certificates and degrees as are appropriate to the curricula of community-technical colleges subject to the approval of the Board of Governors of Higher Education. The board of trustees shall with the advice of, and subject to the approval of, the Board of Governors of Higher Education, prepare plans for the development of a regional community-technical college and submit the same to the Commissioner of [Public Works] Construction Services and request said commissioner to select the site for such college. Within the limits of the bonding authority therefor, the [commissioner] Commissioner of Administrative Services, subject to the provisions of section 4b-23, as amended by this act, may acquire such site and the Commissioner of Construction Services may construct such buildings as are consistent with the plan of development approved by the Board of Governors of Higher Education.
379	379
380	380		Sec. 55. Section 10a-90 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
381	381
382	382		The Board of Trustees for the Connecticut State University System, with the approval of the Governor and the Secretary of the Office of Policy and Management, may lease state-owned land under its care, custody or control to private developers for construction of dormitory buildings, provided such developers agree to lease such buildings to such board of trustees with an option to purchase and provided further that any such agreement to lease is subject to the provisions of section 4b-23, as amended by this act, prior to the making of the original lease by the board of trustees. The plans for such buildings shall be subject to approval of such board, the Commissioner of [Public Works] Construction Services and the State Properties Review Board and such leases shall be for the periods and upon such terms and conditions as the Commissioner of [Public Works] Administrative Services determines, and such buildings, while privately owned, shall be subject to taxation by the town in which they are located. The Board of Trustees for the Connecticut State University System may also deed, transfer or lease state-owned land under its care, custody or control to the State of Connecticut Health and Educational Facilities Authority for financing or refinancing the planning, development, acquisition and construction and equipping of dormitory buildings and student housing facilities and to lease or sublease such dormitory buildings or student housing facilities and authorize the execution of financing leases of land, interests therein, buildings and fixtures in order to secure obligations to repay any loan from the State of Connecticut Health and Educational Facilities Authority from the proceeds of bonds issued thereby pursuant to the provisions of chapter 187 made by the authority to finance or refinance the planning, development, acquisition and construction of dormitory buildings. Any such financing lease shall not be subject to the provisions of section 4b-23, as amended by this act, and the plans for such dormitories shall be subject only to the approval of the board. Such financing leases shall be for such periods and upon such terms and conditions that the board shall determine. Any state property so leased shall not be subject to local assessment and taxation and such state property shall be included as property of the Connecticut State University System for the purpose of computing a grant in lieu of taxes pursuant to section 12-19a.
383	383
384	384		Sec. 56. Subsection (a) of section 10a-91 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
385	385
386	386		(a) The Board of Trustees of the Connecticut State University System, with the approval of the Governor, the Commissioner of [Public Works] Administrative Services and the State Properties Review Board, may lease land or buildings under its care, custody or control to private developers for rental housing and commercial establishments. Such leases shall be for periods and upon such terms and conditions, including, but not limited to, provision for adequate liability insurance to be maintained by the lessee for the benefit of the state and rental terms, as may be determined by the Commissioner of [Public Works] Administrative Services and, in the case of a lease of land, may provide for the construction of buildings thereon to be used for rental housing and commercial establishments, the plans of which shall be subject to the approval of the board of trustees, the Commissioner of [Public Works] Construction Services and the State Properties Review Board. Said board of trustees may provide for water, heat and waste disposal services on a cost-reimbursement basis to such leased premises. Said board may designate the kinds of concessions for supplying goods, commodities, services and facilities to be permitted on such land and may select the permittees, or said board may delegate such functions to the private developers with which it contracts pursuant to this section.
387	387
388	388		Sec. 57. Subsection (y) of section 5-198 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
389	389
390	390		(y) The Deputy State Fire Marshal in the Division of Fire [, Emergency] and Building Services within the Department of [Public Safety] Construction Services;
391	391
392	392		Sec. 58. Subsection (a) of section 28-24 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
393	393
394	394		(a) There is established an Office of State-Wide Emergency Telecommunications which shall be [in the Division of Fire, Emergency and Building Services] within the Department of Public Safety. The Office of State-Wide Emergency Telecommunications shall be responsible for developing and maintaining a state-wide emergency service telecommunications policy. In connection with said policy the office shall:
395	395
396	396		(1) Develop a state-wide emergency service telecommunications plan specifying emergency police, fire and medical service telecommunications systems needed to provide coordinated emergency service telecommunications to all state residents, including the physically disabled;
397	397
398	398		(2) Pursuant to the recommendations of the task force established by public act 95-318 to study enhanced 9-1-1 telecommunications services, and in accordance with regulations adopted by the Commissioner of Public Safety pursuant to subsection (b) of this section, develop and administer, by July 1, 1997, an enhanced emergency 9-1-1 program, which shall provide for: (A) The replacement of existing 9-1-1 terminal equipment for each public safety answering point; (B) the subsidization of regional public safety emergency telecommunications centers, with enhanced subsidization for municipalities with a population in excess of forty thousand; (C) the establishment of a transition grant program to encourage regionalization of public safety telecommunications centers; and (D) the establishment of a regional emergency telecommunications service credit in order to support regional dispatch services;
399	399
400	400		(3) Provide technical telecommunications assistance to state and local police, fire and emergency medical service agencies;
401	401
402	402		(4) Provide frequency coordination for such agencies;
403	403
404	404		(5) Coordinate and assist in state-wide planning for 9-1-1 and E 9-1-1 systems;
405	405
406	406		(6) Review and make recommendations concerning proposed legislation affecting emergency service telecommunications; and
407	407
408	408		(7) Review and make recommendations to the General Assembly concerning emergency service telecommunications funding.
409	409
410	410		Sec. 59. Section 29-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
411	411
412	412		On and after January 1, 2006, the Commissioner of Public Safety shall appoint and maintain a minimum of one thousand two hundred forty-eight sworn state police personnel to efficiently maintain the operation of the division. On or after June 6, 1990, the commissioner shall appoint from among such personnel not more than three lieutenant colonels who shall be in the unclassified service as provided in section 5-198. Any permanent employee in the classified service who accepts appointment to the position of lieutenant colonel in the unclassified service may return to the classified service at such employee's former rank. The position of major in the classified service shall be abolished on July 1, 1999, but any existing position of major in the classified service may continue until termination of service. The commissioner shall appoint not more than seven majors who shall be in the unclassified service as provided in section 5-198. Any permanent employee in the classified service who accepts appointment to the position of major in the unclassified service may return to the classified service at such permanent employee's former rank. The commissioner, subject to the provisions of chapter 67, shall appoint such numbers of captains, lieutenants, sergeants, detectives and corporals as the commissioner deems necessary to officer efficiently the state police force. [The commissioner may appoint a Deputy State Fire Marshal who shall be in the unclassified service as provided in section 5-198. Any permanent employee in the classified service who accepts appointment to the position of Deputy State Fire Marshal in the unclassified service may return to the classified service at such employee's former rank, class or grade, whichever is applicable.] The commissioner shall establish such divisions as the commissioner deems necessary for effective operation of the state police force and consistent with budgetary allotments, a Criminal Intelligence Division and a state-wide organized crime investigative task force to be engaged throughout the state for the purpose of preventing and detecting any violation of the criminal law. The head of the Criminal Intelligence Division shall be of the rank of sergeant or above. The head of the state-wide organized crime investigative task force shall be a police officer. Salaries of the members of the Division of State Police within the Department of Public Safety shall be fixed by the Commissioner of Administrative Services as provided in section 4-40. State police personnel may be promoted, demoted, suspended or removed by the commissioner, but no final dismissal from the service shall be ordered until a hearing has been had before said commissioner on charges preferred against such officer. Each state police officer shall, before entering upon such officer's duties, be sworn to the faithful performance of such duties. The Commissioner of Public Safety shall designate an adequate patrol force for motor patrol work exclusively.
413	413
414	414		Sec. 60. Section 29-291 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
415	415
416	416		For the purposes of this part and any other statute related to fire prevention and safety, the Commissioner of [Public Safety shall] Construction Services shall appoint a person to serve as the State Fire Marshal. The commissioner may delegate such powers as the commissioner deems expedient for the proper administration of this part and any other statute related to fire prevention and safety to any employee of (1) the Department of Public Safety, and (2) The University of Connecticut at Storrs Division of Public Safety, provided the commissioner and the president of The University of Connecticut enter into a memorandum of understanding concerning such delegation of powers in accordance with section 10a-109ff, as amended by this act.
417	417
418	418		Sec. 61. Section 29-302 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
419	419
420	420		The local fire marshal shall, in accordance with the provisions of section 29-311, as amended by this act, investigate the cause, origin and circumstances of any fire or explosion within his jurisdiction, by reason of which property has been destroyed or damaged, or any person injured or killed, or any incidents which threatened any property with destruction or damage or any person with injury or death by reason of fire or explosion, and shall especially investigate whether such fire was the result of an incendiary device or the result of carelessness, design or any criminal act; and the [Commissioner of Public Safety as] State Fire Marshal, or the deputy fire marshal under his direction, may supervise and direct such investigation.
421	421
422	422		Sec. 62. Section 29-310 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
423	423
424	424		(a) The [Commissioner of Public Safety as] State Fire Marshal shall thoroughly investigate the cause, circumstances and origin of all fires or explosions to which his attention has been called, in accordance with the provisions of this part, by reason of which any property has been destroyed or damaged, or any person injured or killed, and shall especially examine and decide as to whether such fire was the result of carelessness, design, an incendiary device or any other criminal act. He may take the testimony under oath of any person supposed to be cognizant of or to have means of knowledge in relation to the matters as to which an examination is being made, and shall cause the same to be reduced to writing and filed in his office; and if, in his opinion, there is sufficient evidence to warrant that any person should be charged with the crime of arson or any other crime, he shall forthwith submit such evidence, together with the names of the witnesses and all other information obtained by him, to the proper prosecuting officer. He may, in any investigation, issue subpoenas for the purposes of summoning and compelling the attendance of witnesses before him to testify. He may administer oaths or affirmations to witnesses before him, and false swearing therein shall be perjury. He may, in the performance of his duties, enter, by himself or his assistants, into and upon the premises or building where any fire or explosion has occurred and premises thereto adjacent in accordance with the provisions of section 29-311, as amended by this act.
425	425
426	426		(b) Whenever it comes to his knowledge or to the knowledge of any local fire marshal that there exists in any building or upon any premises combustible material or flammable conditions dangerous to the safety of such building or premises or dangerous to any other building or property, or conditions that present a fire hazard to the occupants thereof, the [commissioner] State Fire Marshal, or any local fire marshal, obtaining such knowledge, shall order such material to be forthwith removed or such conditions remedied by the owner or occupant of such building or premises, and such owner or occupant shall be subject to the penalties prescribed by section 29-295 and, in addition thereto, shall suffer a penalty of one hundred dollars a day for each day of neglect, to be recovered in a proper action in the name of the state.
427	427
428	428		Sec. 63. Section 29-311 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
429	429
430	430		(a) The [Commissioner of Public Safety as] State Fire Marshal, any local fire marshal within the local fire marshal's jurisdiction, and all duly authorized fire and police personnel acting within their jurisdiction may enter into and upon any premises or building where any fire or explosion has occurred and premises adjacent thereto, without liability for trespass or damages reasonably incurred, to conduct investigations in accordance with sections 29-302 and 29-310, as amended by this act, under the following circumstances and conditions:
431	431
432	432		(1) During an emergency by reason of fire or explosion on any premises, they or any of them may, without a warrant, enter such premises during the suppression of the fire or explosion or within a reasonable period of time following the suppression thereof and remain for a reasonable period of time following the suppression of the fire or explosion to: (A) Investigate in order to determine the cause and origin of the fire or explosion, (B) prevent the intentional or unintentional destruction of evidence and (C) prevent a rekindling of the fire.
433	433
434	434		(2) After expiration of a reasonable period of time following the suppression of the fire or explosion, they or any of them shall apply in writing under oath to any judge of the Superior Court for a warrant to enter upon the premises to determine the cause and origin of the fire or explosion, if such cause or origin has not been previously determined. The application shall describe: (A) The premises under investigation, (B) the owner or occupant of the premises, if reasonably ascertainable, (C) the date and time the fire or explosion which is the subject of the investigation was reported to a police or fire agency, and (D) the dates and times during which the investigative activities to determine the cause and origin of such fire or explosion are to be conducted. The judge to whom an application for a warrant is made may issue such a warrant upon finding that the requirements of this subsection have been met, and that the proposed activities are a reasonable intrusion onto the private premises to determine the cause and origin of the fire or explosion.
435	435
436	436		(b) The [Commissioner of Public Safety as] State Fire Marshal shall, within available appropriations, provide quarterly reports to the Insurance Commissioner detailing all cases in which it has been determined that a fire or explosion was the result of arson.
437	437
438	438		Sec. 64. Section 29-312 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
439	439
440	440		The Commissioner of Construction Services may appoint a Deputy State Fire Marshal [appointed in accordance with the provisions of section 29-4 shall,] who shall be subject to the supervision and direction of the Commissioner of [Public Safety,] Construction Services and be vested with all the powers conferred upon said commissioner by section 29-310, as amended by this act.
441	441
442	442		Sec. 65. Section 16a-38k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
443	443
444	444		(a) Notwithstanding any provision of the general statutes, any (1) new construction of a state facility that is projected to cost five million dollars, or more, and for which all budgeted project bond funds are allocated by the State Bond Commission on or after January 1, 2008, (2) renovation of a state facility that is projected to cost two million dollars or more, of which two million dollars or more is state funding, approved and funded on or after January 1, 2008, (3) new construction of a facility that is projected to cost five million dollars, or more, of which two million dollars or more is state funding, and is authorized by the General Assembly pursuant to chapter 173 on or after January 1, 2009, and (4) renovation of a public school facility as defined in subdivision (18) of section 10-282 that is projected to cost two million dollars or more, of which two million dollars or more is state funding, and is authorized by the General Assembly pursuant to chapter 173 on or after January 1, 2009, shall comply with or exceed compliance with the silver building rating of the Leadership in Energy and Environmental Design's rating system for new commercial construction and major renovation projects, as established by the United States Green Building Council, or an equivalent standard, including, but not limited to, a two-globe rating in the Green Globes USA design program until the regulations described in subsection (b) of this section are adopted. The Secretary of the Office of Policy and Management, in consultation with the Commissioner of [Public Works] Construction Services and the Institute for Sustainable Energy, shall exempt any facility from complying with said regulations if said secretary finds, in a written analysis, that the cost of such compliance significantly outweighs the benefits. Nothing in this section shall be construed to require the redesign of any new construction of a state facility that is designed in accordance with the silver building rating of the Leadership in Energy and Environmental Design's rating system for new commercial construction and major renovation projects, as established by the United States Green Building Council, or an equivalent standard, including, but not limited to, a two-globe rating in the Green Globes USA design program, provided the design for such facility was initiated or completed prior to the adoption of the regulations described in subsection (b) of this section.
445	445
446	446		(b) Not later than January 1, 2007, the Secretary of the Office of Policy and Management, in consultation with the Commissioner of [Public Works,] Construction Services and the Commissioner of Environmental Protection, [and the Commissioner of Public Safety,] shall adopt regulations, in accordance with the provisions of chapter 54, to adopt state building construction standards that are consistent with or exceed the silver building rating of the Leadership in Energy and Environmental Design's rating system for new commercial construction and major renovation projects, as established by the United States Green Building Council, including energy standards that exceed those set forth in the 2004 edition of the American Society of Heating, Ventilating and Air Conditioning Engineers (ASHRAE) Standard 90.1 by no less than twenty per cent, or an equivalent standard, including, but not limited to, a two-globe rating in the Green Globes USA design program, and thereafter update such regulations as the secretary deems necessary.
447	447
448	448		Sec. 66. Section 4-212 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
449	449
450	450		As used in sections 4-212 to 4-219, inclusive:
451	451
452	452		(1) "Competitive negotiation" means a procedure for contracting for services in which (A) proposals are solicited from qualified persons, firms or corporations by a request for proposals, and (B) changes may be negotiated in proposals and prices after being submitted.
453	453
454	454		(2) "Personal service contractor" means any person, firm or corporation not employed by the state, who is hired by a state agency for a fee to provide services to the agency. The term "personal service contractor" shall not include (A) a person, firm or corporation providing "contractual services", as defined in section 4a-50, to the state, (B) a "consultant", as defined in section 4b-55, (C) a "consultant", as defined in section 13b-20b, (D) an agency of the federal government, of the state or of a political subdivision of the state, or (E) a person, firm or corporation providing consultant services for information and telecommunications systems authorized under subdivision [(5)] (3) of subsection [(c)] (b) of section 4d-2, as amended by this act.
455	455
456	456		(3) "Personal service agreement" means a written agreement defining the services or end product to be delivered by a personal service contractor to a state agency, excluding any agreement with a personal service contractor that the state accounting manual does not require to be submitted to the Comptroller.
457	457
458	458		(4) "Secretary" means the Secretary of the Office of Policy and Management.
459	459
460	460		(5) "State agency" means a department, board, council, commission, institution or other executive branch agency.
461	461
462	462		Sec. 67. Sections 4d-4 and 4d-17 of the general statutes are repealed. (Effective July 1, 2011)
463	463
464	464
465	465
466	466
467	467		This act shall take effect as follows and shall amend the following sections:
468	468		Section 1 July 1, 2011 51-44a(k)
469	469		Sec. 2 July 1, 2011 New section
470	470		Sec. 3 July 1, 2011 New section
471	471		Sec. 4 July 1, 2011 4-5
472	472		Sec. 5 July 1, 2011 4-38c
473	473		Sec. 6 July 1, 2011 4a-59a(b)
474	474		Sec. 7 July 1, 2011 4a-62(b)
475	475		Sec. 8 July 1, 2011 4a-100(k) and (l)
476	476		Sec. 9 July 1, 2011 4b-3
477	477		Sec. 10 July 1, 2011 4b-15(a)
478	478		Sec. 11 July 1, 2011 4b-136(a)
479	479		Sec. 12 July 1, 2011 4d-90(a)
480	480		Sec. 13 July 1, 2011 4e-8
481	481		Sec. 14 July 1, 2011 10-292(d)
482	482		Sec. 15 July 1, 2011 16a-35c(b)
483	483		Sec. 16 July 1, 2011 22a-26a
484	484		Sec. 17 July 1, 2011 22a-354i(b)
485	485		Sec. 18 July 1, 2011 31-57c(c)
486	486		Sec. 19 July 1, 2011 31-390
487	487		Sec. 20 from passage 46a-68
488	488		Sec. 21 from passage 10a-11
489	489		Sec. 22 from passage 46a-54(17)
490	490		Sec. 23 from passage 46a-82
491	491		Sec. 24 from passage 46a-68a
492	492		Sec. 25 July 1, 2011 New section
493	493		Sec. 26 July 1, 2011 New section
494	494		Sec. 27 July 1, 2011 4d-1
495	495		Sec. 28 July 1, 2011 4d-2
496	496		Sec. 29 July 1, 2011 4d-7
497	497		Sec. 30 July 1, 2011 4d-8
498	498		Sec. 31 July 1, 2011 4d-9
499	499		Sec. 32 July 1, 2011 4d-12
500	500		Sec. 33 July 1, 2011 4d-45(a)
501	501		Sec. 34 July 1, 2011 4d-80(a)
502	502		Sec. 35 July 1, 2011 4e-13(c)
503	503		Sec. 36 July 1, 2011 10a-151b(a)
504	504		Sec. 37 July 1, 2011 14-42a
505	505		Sec. 38 July 1, 2011 19a-25e
506	506		Sec. 39 July 1, 2011 New section
507	507		Sec. 40 July 1, 2011 4b-1
508	508		Sec. 41 July 1, 2011 New section
509	509		Sec. 42 July 1, 2011 New section
510	510		Sec. 43 July 1, 2011 4b-11
511	511		Sec. 44 July 1, 2011 20-330(10)
512	512		Sec. 45 July 1, 2011 29-250
513	513		Sec. 46 July 1, 2011 29-315a
514	514		Sec. 47 July 1, 2011 4-67g
515	515		Sec. 48 July 1, 2011 4-77b
516	516		Sec. 49 July 1, 2011 4-142b
517	517		Sec. 50 July 1, 2011 4b-23
518	518		Sec. 51 July 1, 2011 4b-76
519	519		Sec. 52 July 1, 2011 4b-101a
520	520		Sec. 53 July 1, 2011 4b-135
521	521		Sec. 54 July 1, 2011 10a-72(a)
522	522		Sec. 55 July 1, 2011 10a-90
523	523		Sec. 56 July 1, 2011 10a-91(a)
524	524		Sec. 57 July 1, 2011 5-198(y)
525	525		Sec. 58 July 1, 2011 28-24(a)
526	526		Sec. 59 July 1, 2011 29-4
527	527		Sec. 60 July 1, 2011 29-291
528	528		Sec. 61 July 1, 2011 29-302
529	529		Sec. 62 July 1, 2011 29-310
530	530		Sec. 63 July 1, 2011 29-311
531	531		Sec. 64 July 1, 2011 29-312
532	532		Sec. 65 July 1, 2011 16a-38k
533	533		Sec. 66 July 1, 2011 4-212
534	534		Sec. 67 July 1, 2011 Repealer section
535	535
536	536		This act shall take effect as follows and shall amend the following sections:
537	537
538	538		Section 1
539	539
540	540		July 1, 2011
541	541
542	542		51-44a(k)
543	543
544	544		Sec. 2
545	545
546	546		July 1, 2011
547	547
548	548		New section
549	549
550	550		Sec. 3
551	551
552	552		July 1, 2011
553	553
554	554		New section
555	555
556	556		Sec. 4
557	557
558	558		July 1, 2011
559	559
560	560		4-5
561	561
562	562		Sec. 5
563	563
564	564		July 1, 2011
565	565
566	566		4-38c
567	567
568	568		Sec. 6
569	569
570	570		July 1, 2011
571	571
572	572		4a-59a(b)
573	573
574	574		Sec. 7
575	575
576	576		July 1, 2011
577	577
578	578		4a-62(b)
579	579
580	580		Sec. 8
581	581
582	582		July 1, 2011
583	583
584	584		4a-100(k) and (l)
585	585
586	586		Sec. 9
587	587
588	588		July 1, 2011
589	589
590	590		4b-3
591	591
592	592		Sec. 10
593	593
594	594		July 1, 2011
595	595
596	596		4b-15(a)
597	597
598	598		Sec. 11
599	599
600	600		July 1, 2011
601	601
602	602		4b-136(a)
603	603
604	604		Sec. 12
605	605
606	606		July 1, 2011
607	607
608	608		4d-90(a)
609	609
610	610		Sec. 13
611	611
612	612		July 1, 2011
613	613
614	614		4e-8
615	615
616	616		Sec. 14
617	617
618	618		July 1, 2011
619	619
620	620		10-292(d)
621	621
622	622		Sec. 15
623	623
624	624		July 1, 2011
625	625
626	626		16a-35c(b)
627	627
628	628		Sec. 16
629	629
630	630		July 1, 2011
631	631
632	632		22a-26a
633	633
634	634		Sec. 17
635	635
636	636		July 1, 2011
637	637
638	638		22a-354i(b)
639	639
640	640		Sec. 18
641	641
642	642		July 1, 2011
643	643
644	644		31-57c(c)
645	645
646	646		Sec. 19
647	647
648	648		July 1, 2011
649	649
650	650		31-390
651	651
652	652		Sec. 20
653	653
654	654		from passage
655	655
656	656		46a-68
657	657
658	658		Sec. 21
659	659
660	660		from passage
661	661
662	662		10a-11
663	663
664	664		Sec. 22
665	665
666	666		from passage
667	667
668	668		46a-54(17)
669	669
670	670		Sec. 23
671	671
672	672		from passage
673	673
674	674		46a-82
675	675
676	676		Sec. 24
677	677
678	678		from passage
679	679
680	680		46a-68a
681	681
682	682		Sec. 25
683	683
684	684		July 1, 2011
685	685
686	686		New section
687	687
688	688		Sec. 26
689	689
690	690		July 1, 2011
691	691
692	692		New section
693	693
694	694		Sec. 27
695	695
696	696		July 1, 2011
697	697
698	698		4d-1
699	699
700	700		Sec. 28
701	701
702	702		July 1, 2011
703	703
704	704		4d-2
705	705
706	706		Sec. 29
707	707
708	708		July 1, 2011
709	709
710	710		4d-7
711	711
712	712		Sec. 30
713	713
714	714		July 1, 2011
715	715
716	716		4d-8
717	717
718	718		Sec. 31
719	719
720	720		July 1, 2011
721	721
722	722		4d-9
723	723
724	724		Sec. 32
725	725
726	726		July 1, 2011
727	727
728	728		4d-12
729	729
730	730		Sec. 33
731	731
732	732		July 1, 2011
733	733
734	734		4d-45(a)
735	735
736	736		Sec. 34
737	737
738	738		July 1, 2011
739	739
740	740		4d-80(a)
741	741
742	742		Sec. 35
743	743
744	744		July 1, 2011
745	745
746	746		4e-13(c)
747	747
748	748		Sec. 36
749	749
750	750		July 1, 2011
751	751
752	752		10a-151b(a)
753	753
754	754		Sec. 37
755	755
756	756		July 1, 2011
757	757
758	758		14-42a
759	759
760	760		Sec. 38
761	761
762	762		July 1, 2011
763	763
764	764		19a-25e
765	765
766	766		Sec. 39
767	767
768	768		July 1, 2011
769	769
770	770		New section
771	771
772	772		Sec. 40
773	773
774	774		July 1, 2011
775	775
776	776		4b-1
777	777
778	778		Sec. 41
779	779
780	780		July 1, 2011
781	781
782	782		New section
783	783
784	784		Sec. 42
785	785
786	786		July 1, 2011
787	787
788	788		New section
789	789
790	790		Sec. 43
791	791
792	792		July 1, 2011
793	793
794	794		4b-11
795	795
796	796		Sec. 44
797	797
798	798		July 1, 2011
799	799
800	800		20-330(10)
801	801
802	802		Sec. 45
803	803
804	804		July 1, 2011
805	805
806	806		29-250
807	807
808	808		Sec. 46
809	809
810	810		July 1, 2011
811	811
812	812		29-315a
813	813
814	814		Sec. 47
815	815
816	816		July 1, 2011
817	817
818	818		4-67g
819	819
820	820		Sec. 48
821	821
822	822		July 1, 2011
823	823
824	824		4-77b
825	825
826	826		Sec. 49
827	827
828	828		July 1, 2011
829	829
830	830		4-142b
831	831
832	832		Sec. 50
833	833
834	834		July 1, 2011
835	835
836	836		4b-23
837	837
838	838		Sec. 51
839	839
840	840		July 1, 2011
841	841
842	842		4b-76
843	843
844	844		Sec. 52
845	845
846	846		July 1, 2011
847	847
848	848		4b-101a
849	849
850	850		Sec. 53
851	851
852	852		July 1, 2011
853	853
854	854		4b-135
855	855
856	856		Sec. 54
857	857
858	858		July 1, 2011
859	859
860	860		10a-72(a)
861	861
862	862		Sec. 55
863	863
864	864		July 1, 2011
865	865
866	866		10a-90
867	867
868	868		Sec. 56
869	869
870	870		July 1, 2011
871	871
872	872		10a-91(a)
873	873
874	874		Sec. 57
875	875
876	876		July 1, 2011
877	877
878	878		5-198(y)
879	879
880	880		Sec. 58
881	881
882	882		July 1, 2011
883	883
884	884		28-24(a)
885	885
886	886		Sec. 59
887	887
888	888		July 1, 2011
889	889
890	890		29-4
891	891
892	892		Sec. 60
893	893
894	894		July 1, 2011
895	895
896	896		29-291
897	897
898	898		Sec. 61
899	899
900	900		July 1, 2011
901	901
902	902		29-302
903	903
904	904		Sec. 62
905	905
906	906		July 1, 2011
907	907
908	908		29-310
909	909
910	910		Sec. 63
911	911
912	912		July 1, 2011
913	913
914	914		29-311
915	915
916	916		Sec. 64
917	917
918	918		July 1, 2011
919	919
920	920		29-312
921	921
922	922		Sec. 65
923	923
924	924		July 1, 2011
925	925
926	926		16a-38k
927	927
928	928		Sec. 66
929	929
930	930		July 1, 2011
931	931
932	932		4-212
933	933
934	934		Sec. 67
935	935
936	936		July 1, 2011
937	937
938	938		Repealer section
939	939
940	940
941	941
942	942		ED Joint Favorable Subst.
943	943		JUD Joint Favorable
944		-	APP Joint Favorable
945	944
946	945		ED
947	946
948	947		Joint Favorable Subst.
949	948
950	949		JUD
951	950
952	951		Joint Favorable
953		-
954		-	APP
955		-
956		-	Joint Favorable