| 4 | 11 | | |
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| 5 | 12 | | AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' RECOMMENDATIONS FOR TECHNICAL REVISIONS TO THE GOVERNMENT ADMINISTRATION AND ELECTIONS STATUTES. |
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| 6 | 13 | | |
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| 7 | 14 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 8 | 15 | | |
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| 9 | 16 | | Section 1. Subsection (a) of section 1-2a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 10 | 17 | | |
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| 11 | 18 | | (a) For purposes of sections 1-206, [3-114e, 3-114f,] 3-114i, 4-147, 9-23g, [9-65,] 9-153b, 9-311, 9-608, 10-183g, 12-146, 20-429, 31-241, 31-248, 31-249a, 33-603, 33-663, 33-929, 33-1003, 33-1053, 33-1219, 38a-716 and 42-243 (1) any reference to the United States mail or a postmark shall be treated as including a reference to any delivery service designated by the Secretary of the Treasury of the United States pursuant to Section 7502 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, (2) any reference to a postmark made by the United States Postal Service shall be treated as including a reference to any date recorded or marked in the manner described in said Section 7502 of said Internal Revenue Code by a designated delivery service, and (3) any equivalent of registered or certified mail designated by the Secretary of the Treasury of the United States pursuant to said Section 7502 of said Internal Revenue Code shall be included within the meaning of registered or certified mail. |
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| 12 | 19 | | |
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| 13 | 20 | | Sec. 2. Subdivision (5) of section 1-79 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 14 | 21 | | |
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| 15 | 22 | | (5) "Gift" means anything of value, which is directly and personally received, unless consideration of equal or greater value is given in return. "Gift" does not include: |
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| 16 | 23 | | |
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| 17 | 24 | | (A) A political contribution otherwise reported as required by law or a donation or payment as described in subdivision (9) or (10) of subsection (b) of section 9-601a; |
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| 18 | 25 | | |
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| 19 | 26 | | (B) Services provided by persons volunteering their time, if provided to aid or promote the success or defeat of any political party, any candidate or candidates for public office or the position of convention delegate or town committee member or any referendum question; |
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| 20 | 27 | | |
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| 21 | 28 | | (C) A commercially reasonable loan made on terms not more favorable than loans made in the ordinary course of business; |
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| 22 | 29 | | |
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| 23 | 30 | | (D) A gift received from (i) an individual's spouse, fiance or fiancee, (ii) the parent, brother or sister of such spouse or such individual, or (iii) the child of such individual or the spouse of such child; |
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| 24 | 31 | | |
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| 25 | 32 | | (E) Goods or services (i) that are provided to a state agency or quasi-public agency (I) for use on state or quasi-public agency property, or (II) that support an event or the participation by a public official or state employee at an event, and (ii) that facilitate state or quasi-public agency action or functions. As used in this subparagraph, "state property" means property owned by the state or a quasi-public agency or property leased to a state agency or quasi-public agency; |
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| 26 | 33 | | |
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| 27 | 34 | | (F) A certificate, plaque or other ceremonial award costing less than one hundred dollars; |
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| 28 | 35 | | |
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| 29 | 36 | | (G) A rebate, discount or promotional item available to the general public; |
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| 30 | 37 | | |
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| 31 | 38 | | (H) Printed or recorded informational material germane to state action or functions; |
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| 32 | 39 | | |
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| 33 | 40 | | (I) Food or beverage or both, costing less than fifty dollars in the aggregate per recipient in a calendar year, and consumed on an occasion or occasions at which the person paying, directly or indirectly, for the food or beverage, or his representative, is in attendance; |
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| 34 | 41 | | |
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| 35 | 42 | | (J) Food or beverage or both, costing less than fifty dollars per person and consumed at a publicly noticed legislative reception to which all members of the General Assembly are invited and which is hosted not more than once in any calendar year by a lobbyist or business organization. For the purposes of such limit, (i) a reception hosted by a lobbyist who is an individual shall be deemed to have also been hosted by the business organization which such lobbyist owns or is employed by, and (ii) a reception hosted by a business organization shall be deemed to have also been hosted by all owners and employees of the business organization who are lobbyists. In making the calculation for the purposes of such fifty-dollar limit, the donor shall divide the amount spent on food and beverage by the number of persons whom the donor reasonably expects to attend the reception; |
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| 36 | 43 | | |
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| 37 | 44 | | (K) Food or beverage or both, costing less than fifty dollars per person and consumed at a publicly noticed reception to which all members of the General Assembly from a region of the state are invited and which is hosted not more than once in any calendar year by a lobbyist or business organization. For the purposes of such limit, (i) a reception hosted by a lobbyist who is an individual shall be deemed to have also been hosted by the business organization which such lobbyist owns or is employed by, and (ii) a reception hosted by a business organization shall be deemed to have also been hosted by all owners and employees of the business organization who are lobbyists. In making the calculation for the purposes of such fifty-dollar limit, the donor shall divide the amount spent on food and beverage by the number of persons whom the donor reasonably expects to attend the reception. As used in this subparagraph, "region of the state" means the established geographic service area of the organization hosting the reception; |
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| 38 | 45 | | |
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| 39 | 46 | | (L) A gift, including, but not limited to, food or beverage or both, provided by an individual for the celebration of a major life event, provided any such gift provided by an individual who is not a member of the family of the recipient does not exceed one thousand dollars in value; |
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| 40 | 47 | | |
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| 41 | 48 | | (M) Gifts costing less than one hundred dollars in the aggregate or food or beverage provided at a hospitality suite at a meeting or conference of an interstate legislative association, by a person who is not a registrant or is not doing business with the state of Connecticut; |
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| 42 | 49 | | |
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| 43 | 50 | | (N) Admission to a charitable or civic event, including food and beverage provided at such event, but excluding lodging or travel expenses, at which a public official or state employee participates in his or her official capacity, provided such admission is provided by the primary sponsoring entity; |
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| 44 | 51 | | |
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| 45 | 52 | | (O) Anything of value provided by an employer of (i) a public official, (ii) a state employee, or (iii) a spouse of a public official or state employee, to such official, employee or spouse, provided such benefits are customarily and ordinarily provided to others in similar circumstances; |
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| 46 | 53 | | |
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| 47 | 54 | | (P) Anything having a value of not more than ten dollars, provided the aggregate value of all things provided by a donor to a recipient under this subdivision in any calendar year does not exceed fifty dollars; |
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| 48 | 55 | | |
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| 49 | 56 | | (Q) Training that is provided by a vendor for a product purchased by a state or quasi-public agency that is offered to all customers of such vendor; |
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| 50 | 57 | | |
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| 51 | 58 | | (R) Travel expenses, lodging, food, beverage and other benefits customarily provided by a prospective employer, when provided to a student at a public institution of higher education whose employment is derived from such student's status as a student at such institution, in connection with bona fide employment discussions; or |
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| 52 | 59 | | |
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| 53 | 60 | | (S) Expenses of a public official, paid by the party committee of which party such official is a member, for the purpose of accomplishing the lawful purposes of the committee. As used in this [subdivision] subparagraph, "party committee" has the same meaning as provided in subdivision (2) of section 9-601 and "lawful purposes of the committee" has the same meaning as provided in subsection (g) of section 9-607. |
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| 54 | 61 | | |
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| 55 | 62 | | Sec. 3. Subsection (c) of section 1-84b of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 56 | 63 | | |
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| 57 | 64 | | (c) The provisions of this subsection apply to present or former executive branch public officials or state employees who hold or formerly held positions which involve significant decision-making or supervisory responsibility and are designated as such by the Office of State Ethics in consultation with the agency concerned except that such provisions shall not apply to members or former members of the boards or commissions who serve ex officio, who are required by statute to represent the regulated industry or who are permitted by statute to have a past or present affiliation with the regulated industry. Designation of positions subject to the provisions of this subsection shall be by regulations adopted by the Citizen's Ethics Advisory Board in accordance with chapter 54. As used in this subsection, "agency" means the Office of Health Care Access division within the Department of Public Health, the Connecticut Siting Council, the Department of Banking, the Insurance Department, the Department of Emergency Services and Public Protection, the office within the Department of Consumer Protection that carries out the duties and responsibilities of sections 30-2 to 30-68m, inclusive, the Public Utilities Regulatory Authority, including the Office of Consumer Counsel, and the Department of Consumer Protection and the term "employment" means professional services or other services rendered as an employee or as an independent contractor. |
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| 58 | 65 | | |
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| 59 | 66 | | (1) No public official or state employee in an executive branch position designated by the Office of State Ethics shall negotiate for, seek or accept employment with any business subject to regulation by his agency. |
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| 60 | 67 | | |
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| 61 | 68 | | (2) No former public official or state employee who held such a position in the executive branch shall within one year after leaving an agency, accept employment with a business subject to regulation by that agency. |
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| 62 | 69 | | |
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| 63 | 70 | | (3) No business shall employ a present or former public official or state employee in violation of this subsection. |
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| 64 | 71 | | |
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| 65 | 72 | | Sec. 4. Section 4-5 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 66 | 73 | | |
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| 67 | 74 | | 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 on Aging, Commissioner of Revenue Services, Banking Commissioner, Commissioner of Children and Families, Commissioner of Consumer Protection, Commissioner of Correction, Commissioner of Economic and Community Development, State Board of Education, Commissioner of Emergency Services and Public Protection, Commissioner of Energy and 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 Social Services, Commissioner of Developmental Services, Commissioner of Motor Vehicles, Commissioner of Transportation, Commissioner of Veterans' Affairs, Commissioner of Housing, Commissioner of Rehabilitation Services 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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| 68 | 75 | | |
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| 69 | 76 | | Sec. 5. Subsection (d) of section 4-168a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 70 | 77 | | |
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| 71 | 78 | | (d) The requirements contained in this section shall not apply to emergency regulations issued pursuant to subsection [(c)] (f) of section 4-168; regulations that do not affect small businesses directly, including, but not limited to, regulations concerning the administration of federal programs; regulations concerning costs and standards for service businesses such as nursing homes, long-term care facilities, medical care providers, day care facilities, water companies, nonprofit 501(c)(3) agencies, group homes and residential care facilities; and regulations adopted to implement the provisions of sections 4a-60g to 4a-60i, inclusive. |
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| 72 | 79 | | |
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| 73 | 80 | | Sec. 6. Subdivision (2) of subsection (k) of section 4a-100 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 74 | 81 | | |
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| 75 | 82 | | (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] subcontractor, 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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| 76 | 83 | | |
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| 77 | 84 | | Sec. 7. Subsection (i) of section 4b-23 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 78 | 85 | | |
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| 79 | 86 | | (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 of Administrative Services 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 of Administrative Services 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 such consultant or consultants by the commissioner. The Properties Review Board shall, not later than thirty days after receipt of such selection of or contract with any consultant, approve or disapprove the selection of or contract with any consultant made by the Commissioner of [Construction] Administrative Services pursuant to sections 4b-1 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. |
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| 80 | 87 | | |
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| 81 | 88 | | Sec. 8. Subsection (c) of section 4b-52 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 82 | 89 | | |
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| 83 | 90 | | (c) Whenever the Commissioner of Administrative Services declares that an emergency condition exists at any state facility, other than a building under the supervision and control of the Joint Committee on Legislative Management, and that the condition would adversely affect public safety or the proper conduct of essential state government operations, or said joint committee declares that such an emergency exists at a building under its supervision and control, the commissioner or the joint committee may employ such assistance as may be required to restore facilities under their control and management, or the commissioner may so act upon the request of a state agency, to restore facilities under the control and management of such agency, without inviting bids as required in subsection (b) of this section. The commissioner shall take no action requiring the expenditure of more than five hundred thousand dollars to restore any facility under this subsection (1) without the written consent of the Governor, and (2) until the commissioner has certified to the [joint committee of the General Assembly having cognizance of matters relating to legislative management] Joint Committee on Legislative Management that the project is of such an emergency nature that an exception to subsection (b) of this section is required. Such certification shall include input from all affected agencies, detail the need for the exception and include any relevant documentation. The provisions of this subsection shall not apply if any person is obligated under the terms of an existing contract with the state to render such assistance. The annual report of the commissioner shall include a detailed statement of all expenditures made under this subsection. |
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| 84 | 91 | | |
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| 85 | 92 | | Sec. 9. Subdivision (19) of section 4e-1 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 86 | 93 | | |
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| 87 | 94 | | (19) "Nonprofit agency" means any organization that is not a for-profit business under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, makes no distribution to its members, directors or officers and provides services contracted for by (A) the state, or (B) a nonstate entity; |
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| 88 | 95 | | |
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| 89 | 96 | | Sec. 10. Subsection (a) of section 9-453t of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 90 | 97 | | |
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| 91 | 98 | | (a) Notwithstanding any other provision of the general statutes or any special act, and except as provided in subsection (b) of this section, the nomination of a candidate by a major or minor party under this chapter [,] for any office shall disqualify such candidate from appearing on the ballot by nominating petition for the same office. |
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| 92 | 99 | | |
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| 93 | 100 | | Sec. 11. Subdivision (1) of subsection (g) of section 9-612 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 94 | 101 | | |
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| 95 | 102 | | (g) (1) Not later than thirty days after February 8, 2007, each state agency and quasi-public agency shall prepare and forward to the State Elections Enforcement Commission, on a form prescribed by said commission, a list of the names of the state contractors and prospective state contractors with which such agency is a party to a contract, and any state contract solicitations or prequalification certificates issued by the agency. Not less than once per month, each state agency and quasi-public agency shall forward to said commission, on a form prescribed by the commission, any changes, additions or deletions to said lists, not later than the fifteenth day of the month. |
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| 96 | 103 | | |
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| 97 | 104 | | Sec. 12. Subsection (e) of section 9-615 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 98 | 105 | | |
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| 99 | 106 | | (e) Contributions to a political committee established by an organization shall [also] be subject to the provisions of section 9-618 in the case of a committee formed for ongoing political activity or section 9-619 in the case of a committee formed for a single election or primary. |
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| 100 | 107 | | |
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| 101 | 108 | | Sec. 13. Subsection (d) of section 12-572 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 102 | 109 | | |
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| 103 | 110 | | (d) (1) If the multiple forms of wagering known as daily double, exacta and quinella are permitted, [by] the department or any person or business organization operating the off-track betting system shall distribute all sums deposited in the pari-mutuel pool for any such event to the holders of winning tickets therein, less nineteen per cent of the total deposits in such pool plus the breakage to the dime. |
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| 104 | 111 | | |
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| 105 | 112 | | (2) If multiple forms of wagering on three or more animals are permitted, [by] the department or such person or business organization operating an off-track betting system [,] shall retain twenty-four and one-half per cent of the total sums deposited in the pool for such event, plus the breakage to the dime. |
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| 106 | 113 | | |
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| 107 | 114 | | Sec. 14. Subsection (f) of section 17b-420 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 108 | 115 | | |
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| 109 | 116 | | (f) There shall be an executive director of the Commission on Aging. There may be additional staff within available appropriations. [The commission shall be within the Legislative Department.] The executive director and any necessary staff shall be employed by the Joint Committee on Legislative Management. The commission shall have no authority over staffing or personnel matters. |
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| 110 | 117 | | |
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| 111 | 118 | | Sec. 15. Subsection (a) of section 17b-751d of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 112 | 119 | | |
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| 113 | 120 | | (a) The Department of Social Services shall be the lead state agency for community-based, prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect. The responsibilities of the department shall include, but not be limited to, collaborating with state agencies, hospitals, clinics, schools and community service organizations, to: (1) Initiate programs to support families at risk for child abuse or neglect; (2) assist organizations to recognize child abuse and neglect; (3) encourage community safety; (4) increase broad-based efforts to prevent child abuse and neglect; (5) create a network of agencies to advance child abuse and neglect prevention; and (6) increase public awareness of child abuse and neglect issues. The department, subject to available state, federal and private funding, shall be responsible for implementing and maintaining programs and services, including, but not limited to: (A) The Nurturing Families Network, established pursuant to subsection (a) of section 17b-751b; (B) Family Empowerment Initiative programs; (C) Help Me Grow; (D) the Kinship Fund and [Grandparent's] Grandparents and Relatives Respite Fund; (E) Family School Connection; (F) support services for residents of a respite group home for girls; (G) legal services on behalf of indigent children; (H) volunteer services; (I) family development training; (J) shaken baby syndrome prevention; and (K) child sexual abuse prevention. |
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| 114 | 121 | | |
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| 115 | 122 | | Sec. 16. Subsection (a) of section 52-259a of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): |
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| 116 | 123 | | |
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| 117 | 124 | | (a) Any member of the Division of Criminal Justice or the Division of Public Defender Services, any employee of the Judicial Department, acting in the performance of such employee's duties, the Attorney General, an assistant attorney general, the Consumer Counsel, any attorney employed by the Office of Consumer Counsel within the Department of Energy and Environmental Protection, the Department of Revenue Services, the Commission on Human Rights and Opportunities, the Freedom of Information Commission, the Board of Labor Relations, the Office of Protection and Advocacy for Persons with Disabilities, the Office of the Victim Advocate, the Department of Social Services, [or] the Department of Children and Families [,] or the Office of State Ethics, or any attorney appointed by the court to assist any of them or to act for any of them in a special case or cases, while acting in such attorney's official capacity or in the capacity for which such attorney was appointed, shall not be required to pay the fees specified in sections 52-258, 52-259, and 52-259c, subsection (a) of section 52-356a, subsection (a) of section 52-361a, section 52-367a, subsection (b) of section 52-367b and subsection (n) of section 46b-231. |
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