General Assembly Raised Bill No. 427 February Session, 2012 LCO No. 2430 *02430_______GAE* Referred to Committee on Government Administration and Elections Introduced by: (GAE) General Assembly Raised Bill No. 427 February Session, 2012 LCO No. 2430 *02430_______GAE* Referred to Committee on Government Administration and Elections Introduced by: (GAE) AN ACT CONCERNING GOVERNMENT ADMINISTRATION. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 20-572 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012): There shall be in the department a Commission of Pharmacy [which] that shall consist of six persons appointed by the Governor, subject to the provisions of section 4-9a, four of whom shall be pharmacists each actively engaged in the practice of pharmacy on a full-time basis during the term of such person's appointment in this state and two of whom shall be public members. At least two of the pharmacist members shall be community retail pharmacists, one from an independent retail setting and one from a chain retail setting, and at least one of the pharmacist members shall be a pharmacist employed on a full-time basis as a pharmacist in a hospital in the state during the term of such pharmacist member's appointment. Members of the commission may be selected from lists of individuals nominated by the Connecticut Pharmacists Association or by other professional associations of pharmacists or pharmacies. Any vacancy on the commission shall be filled by the Governor. Sec. 2. (NEW) (Effective October 1, 2012) A municipality shall redact any Social Security number contained within any document or electronic database prior to posting such database or a copy of such document on the Internet web site of such municipality. Sec. 3. (Effective from passage) Notwithstanding any provision of the general statutes or any special act, charter or ordinance, the vote cast by the electors and voters of the town of East Hartford, at the referendum held on November 8, 2011, relating to approval of a seven-million-dollar appropriation for corrective action on the town's flood control system and the authorization of the issuance of bonds, notes and temporary notes of the town of East Hartford to finance said appropriation, otherwise valid except for the failure of the town of East Hartford to properly publish notice of the referendum in a newspaper having a general circulation in the town, is validated. All acts, votes and proceedings of the officers and officials of the town of East Hartford pertaining to or taken in reliance on said referendum, otherwise valid except for failure of the town of East Hartford to properly publish notice of said referendum in a newspaper having a general circulation in the town, are validated and effective as of the date taken. Sec. 4. Section 25-102qq of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012): (a) The Commissioner of Energy and Environmental Protection shall be responsible for state-wide river policy and comprehensive protection of rivers. The commissioner shall: (1) Identify rivers or river segments to be protected, (2) designate protected river corridors, and (3) approve, reject or modify river corridor maps and management plans submitted pursuant to sections 25-205 and 25-235. (b) The commissioner may establish a river management and protection program designed to improve the management and protection of the state's rivers. [(c) If the commissioner undertakes to establish such a program, he shall establish a River Protection Advisory Committee to assist him in developing the river protection program. The committee shall consist of the following members whose terms shall expire on October 1, 1992: (1) The Commissioners of Public Health, Transportation, Economic and Community Development and Agriculture, the Secretary of the Office of Policy and Management and the State Archaeologist, or their designees; and (2) two members representing the business community, two members representing public service companies, seven members representing environmental and recreational organizations, four members representing river protection organizations, one member representing municipalities with a river or river segment within their borders, two members representing regional planning agencies, three members representing related professional practices and one member representing the public, which members shall be appointed by the commissioner. On and after October 1, 1992, the committee's membership shall consist of: (1) The Commissioners of Public Health, Transportation, Economic and Community Development and Agriculture, the Secretary of the Office of Policy and Management and the State Archaeologist, or their designees; and (2) one member representing the business community, and one member representing a related professional practice appointed by the Governor; one member representing an environmental or recreational organization, one member representing a river protection organization and one member representing a related professional practice appointed by the president pro tempore of the Senate; one member representing an environmental or recreational organization, one member representing a river protection organization and one member representing a related professional practice appointed by the speaker of the House of Representatives; one member representing an environmental or recreational organization, one member representing a municipality with a river or river segment within its borders and one member representing the business community appointed by the majority leader of the Senate; two members representing an environmental or recreational organization, one member representing a river protection organization and one member representing a public service company appointed by the minority leader of the Senate; one member representing an environmental or recreational organization, one member representing a public service company and one member representing a regional planning agency appointed by the majority leader of the House of Representatives; one member representing an environmental or recreational organization, one member representing a river protection organization, one member of the public and one member representing a regional planning agency appointed by the minority leader of the House of Representatives.] [(d)] (c) In developing the river protection program, the commissioner [, with the assistance of the River Protection Advisory Committee,] may: (1) Develop a proposal for a state-wide river management and protection program, [which shall include but not be] that includes, but is not limited to: (A) The coordination of existing protective state authorities as a means of improving river management and protection; (B) the development of any statutory modifications to provide effective regional and interstate cooperation for the development of river management plans; (C) the development of recommendations for river protection for use in regulations of local land use agencies; and (D) the development of any other needed protection or management of the state's rivers, as determined by the commissioner; (2) define the river resources to be inventoried and assessed; (3) conduct a state-wide inventory and assessment of the state's rivers; (4) develop a state-wide data base of river resource information to facilitate environmental planning, regulatory and management decisions; (5) develop a river classification system; (6) develop criteria for identifying rivers or river segments for designation as protected rivers and recommended priorities for the management of the rivers or river segments; and (7) develop a program to educate the public on river protection issues and ensure public involvement in the development and implementation of the river protection program. Sec. 5. Section 10-392 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012): (a) The General Assembly finds and declares that culture, history, the arts and the digital media and motion picture and tourism industries contribute significant value to the vitality, quality of life and economic health of Connecticut. The Connecticut Humanities Council and the Connecticut Trust for Historic Preservation shall operate in conjunction with the Department of Economic and Community Development for purposes of joint strategic planning, annual reporting on appropriations and fiscal reporting. The department shall enhance and promote culture, history, the arts and the tourism and digital media and motion picture industries in Connecticut. (b) The department shall: (1) Market and promote Connecticut as a destination for leisure and business travelers through the development and implementation of a strategic state-wide marketing plan and provision of visitor services to enhance the economic impact of the tourism industry; (2) Promote the arts; (3) Recognize, protect, preserve and promote historic resources; (4) Interpret and present Connecticut's history and culture; (5) Promote Connecticut as a location in which to produce digital media and motion pictures and to establish and conduct business related to the digital media and motion picture industries to enhance these industries' economic impact in the state; (6) Establish a uniform financial reporting system and forms to be used by each regional tourism district, established under section 10-397, in the preparation of the annual budget submitted to the General Assembly; (7) Integrate funding and programs whenever possible; and (8) On or before January 1, 2012, and biennially thereafter, develop and submit to the Governor and the General Assembly, in accordance with section 11-4a, a strategic plan to implement subdivisions (1) to (5), inclusive, of this subsection. (c) Any proposals for projects proposed by the Connecticut Humanities Council that require funding through the issuance of bonds by the State Bond Commission, in accordance with sections 13b-74 to 13b-77, inclusive, shall be submitted to the Department of Economic and Community Development. The department shall review such proposals and submit any project that it believes has merit to the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding with the department's recommendation for funding. (d) The Department of Economic and Community Development shall be a successor agency to the Connecticut Commission on Culture and Tourism, State Commission on the Arts, the Connecticut Historical Commission, the Office of Tourism, the Connecticut Tourism Council, the Connecticut Film, Video and Media Commission and the Connecticut Film, Video and Media Office in accordance with the provisions of sections 4-38d and 4-39. [(e) Wherever the words "State Commission on the Arts", "Connecticut Historical Commission", "Office of Tourism", "Connecticut Film, Video and Media Office" and "Connecticut Commission on Arts, Tourism, Culture, History and Film" are used in the following sections of the general statutes, or in any public or special act of the 2003 or 2004 session the words "Connecticut Commission on Culture and Tourism" shall be substituted in lieu thereof: 3-110f, 3-110h, 3-110i, 4-9a, 4b-53, 4b-60, 4b-64, 4b-66a, 7-147a, 7-147b, 7-147c, 7-147j, 7-147p, 7-147q, 7-147y, 8-2j, 10-382, 10-384, 10-385, 10-386, 10-387, 10-388, 10-389, 10-391, 10a-111a, 10a-112, 10a-112b, 10a-112g, 11-6a, 12-376d, 13a-252, 19a-315b, 19a-315c, 22a-1d, 22a-19b, 25-102qq, 25-109q, 29-259 and 32-6a.] [(f)] (e) The Legislative Commissioners' Office shall, in codifying the provisions of this section, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this section. Sec. 6. Subdivision (16) of section 25-201 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012): (16) "State rivers assessment data base" means the state-wide assessment of the state's rivers prepared by the commissioner pursuant to subdivision (3) of subsection [(d)] (c) of section 25-102qq, as amended by this act; Sec. 7. Subdivision (7) of section 25-231 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012): (7) "River advisory board" means any of the following: The Five Mile River Commission established pursuant to section 15-26a, the Connecticut River Gateway Commission established pursuant to section 25-102e, the Connecticut River Assembly established pursuant to section 25-102dd, the Bi-State Pawcatuck River Commission established pursuant to section 25-161, the Niantic River Gateway Commission established pursuant to section 25-109e, the Housatonic Estuary Commission established pursuant to section 25-170, the Farmington River Coordinating Committee established pursuant to the National Wild and Scenic Rivers Act, 16 USC 1274 et seq. [, the Shepaug-Bantam River Board established pursuant to sections 25-102pp and 25-102qq] or a river committee established pursuant to section 25-203; Sec. 8. Subsection (d) of section 32-1s of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012): (d) Any order or regulation of the Connecticut Commission on Culture and Tourism, which is in force on July 1, 2011, shall continue in force and effect as an order or regulation of the Department of Economic and Community Development until amended, repealed or superseded pursuant to law. Where any order or regulation of said commission or said department conflicts, the Commissioner of Economic and Community Development may implement policies and procedures consistent with the provisions of this section and sections 3-110f, 3-110h, 3-110i, 4-9a, 4-66aa, 4-89, 4b-53, 4b-60, 4b-64, 4b-66a, 5-198, 7-147a, 7-147b, 7-147c, 7-147j, 7-147p, 7-147q, 7-147y, 8-37lll, 10-382, 10-384, 10-385, 10-386, 10-387, 10-388, 10-389, 10-391, 10-392, as amended by this act, 10-393, 10-394, 10-395, 10-396, 10-397, 10-397a, 10-399, 10-400, 10-401, 10-402, 10-403, 10-404, 10-405, 10-406, 10-408, 10-409, 10-410, 10-411, 10-412, 10-413, 10-414, 10-415, 10-416, 10-416a, 10-416b, 10-425, 10a-111a, 10a-112, 10a-112b, 10a-112g, 11-6a, 12-376d, 13a-252, 19a-315b, 19a-315c, 22a-1d, 22a-19b, 22a-27s, [25-102qq,] 25-109q, 29-259, 32-6a, 32-11a and 32-35 while in the process of adopting the policy or procedure in regulation form, provided notice of intention to adopt regulations is printed in the Connecticut Law Journal not later than twenty days after implementation. The policy or procedure shall be valid until the time final regulations are effective. Sec. 9. Subsection (a) of section 4d-1a of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012): (a) (1) Wherever the term "Chief Information Officer of the Department of Information Technology" is used in the following general statutes, the term "Commissioner of Administrative Services" shall be substituted in lieu thereof; (2) wherever the term "Chief Information Officer" is used in the following general statutes, the term "commissioner" shall be substituted in lieu thereof; and (3) wherever the term "Department of Information Technology" is used in the following general statutes, the term "Department of Administrative Services" shall be substituted in lieu thereof: 1-205, 1-211, 1-212, 1-283, 3-117, 4d-3, 4d-5, 4d-10, 4d-11, [4d-13,] 4d-14, 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. Sec. 10. Section 17b-28a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012): [(a) There is established a Waiver Application Development Council that shall be composed of the following members: The chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to appropriations, or their designees; the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to human services, or their designees; the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to public health, or their designees; the Commissioner of Social Services, or his designee; the Commissioner of Public Health, or his designee; the Commissioner of Mental Health and Addiction Services, or his designee; the Commissioner of Developmental Services, or his designee; the Secretary of the Office of Policy and Management, or his designee; the State Comptroller, or his designee; a representative of advocacy for mental retardation to be appointed by the president pro tempore of the Senate; a representative of advocacy for the elderly to be appointed by the majority leader of the Senate; a representative of the nursing home industry to be appointed by the minority leader of the Senate; a representative of the home health care industry, independent of the nursing home industry, to be appointed by the speaker of the House of Representatives; a representative of the mental health profession to be appointed by the majority leader of the House of Representatives; a representative of the substance abuse profession to be appointed by the minority leader of the House of Representatives; a health care provider to be appointed by the president pro tempore of the Senate; two elderly consumers of Medicaid services who are also eligible for Medicare, to be appointed by the speaker of the House of Representatives; a representative of the managed care industry, to be appointed by the president pro tempore of the Senate; a social services care provider, to be appointed by the majority leader of the House of Representatives; a family support care provider, to be appointed by the majority leader of the Senate; two persons with disabilities who are consumers of Medicaid services, one to be appointed by the president pro tempore of the Senate and one to be appointed by the minority leader of the House of Representatives; a representative of legal advocacy for Medicaid clients, to be appointed by the minority leader of the Senate; and six members of the General Assembly, one member appointed by the president pro tempore of the Senate; one member appointed by the majority leader of the Senate; one member appointed by the minority leader of the Senate; one member appointed by the speaker of the House of Representatives; one member appointed by the majority leader of the House of Representatives; and one member appointed by the minority leader of the House of Representatives. The council shall be responsible for advising the] (a) The Department of Social Services [, which] shall be the lead agency in the development of a Medicaid Research and Demonstration Waiver under Section 1115 of the Social Security Act for application to the Office of State Health Reform of the United States Department of Health and Human Services by May 1, 1996. [The council shall advise the department with respect to specific provisions within the waiver application, including but not limited to, the identification of populations to be included in a managed care program, a timetable for inclusion of distinct populations, expansion of access to care, quality assurance and grievance procedures for consumers and providers. The council shall also advise the department with respect to the goals of the waiver, including but not limited to, the expansion of access and coverage, making state health spending more efficient and to the reduction of uncompensated care.] (b) There is established a Medicaid waiver unit within the Department of Social Services for the purposes of developing the waiver under subsection (a) of this section. The Medicaid waiver unit's responsibilities shall include but not be limited to the following: (1) Administrating the Medicaid managed care program, established pursuant to section 17b-28; (2) contracting with and evaluating prepaid health plans providing Medicaid services, including negotiation and establishment of capitated rates; (3) assessing quality assurance information compiled by the federally required independent quality assurance contractor; (4) monitoring contractual compliance; (5) evaluating enrollment broker performance; (6) providing assistance to the Insurance Department for the regulation of Medicaid managed care health plans; and (7) developing a system to compare performance levels among prepaid health plans providing Medicaid services. Sec. 11. Sections 17a-210c and 25-32i of the 2012 supplement to the general statutes are repealed and section 4d-13 of the general statutes is repealed. (Effective July 1, 2012) Sec. 12. Special act 91-22, special act 96-14, section 50 of public act 05-245 and section 155 of public act 09-7 of the September special session are repealed. (Effective July 1, 2012) This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2012 20-572 Sec. 2 October 1, 2012 New section Sec. 3 from passage New section Sec. 4 July 1, 2012 25-102qq Sec. 5 July 1, 2012 10-392 Sec. 6 July 1, 2012 25-201(16) Sec. 7 July 1, 2012 25-231(7) Sec. 8 July 1, 2012 32-1s(d) Sec. 9 July 1, 2012 4d-1a(a) Sec. 10 July 1, 2012 17b-28a Sec. 11 July 1, 2012 Repealer section Sec. 12 July 1, 2012 Repealer section This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2012 20-572 Sec. 2 October 1, 2012 New section Sec. 3 from passage New section Sec. 4 July 1, 2012 25-102qq Sec. 5 July 1, 2012 10-392 Sec. 6 July 1, 2012 25-201(16) Sec. 7 July 1, 2012 25-231(7) Sec. 8 July 1, 2012 32-1s(d) Sec. 9 July 1, 2012 4d-1a(a) Sec. 10 July 1, 2012 17b-28a Sec. 11 July 1, 2012 Repealer section Sec. 12 July 1, 2012 Repealer section Statement of Purpose: To require that the Commission on Pharmacy's membership include one pharmacist from an independent retail setting and one from a chain retail setting and to require municipalities to redact Social Security numbers from documents or databases posted online, to validate a certain East Hartford referendum that was noticed improperly and to repeal various inactive boards and committees. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]