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General Assembly Governor's Bill No. 872
January Session, 2019
LCO No. 4474
Referred to Committee on APPROPRIATIONS
Introduced by:
SEN. LOONEY, 11
th
Dist.
SEN. DUFF, 25
th
Dist.
REP. ARESIMOWICZ, 30
th
Dist.
REP. RITTER M., 1
st
Dist.
AN ACT IMPLEMENTING THE GOVERNOR'S BUDGE T
RECOMMENDATIONS FOR GENERAL GOVERNMENT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 12-7c of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective from 2
passage): 3
(a) The Commissioner of Revenue Services shall, on or before 4
February 15, [2020] 2022, and biennially thereafter, submit to the joint 5
standing committee of the General Assembly having cognizance of 6
matters relating to finance, revenue and bonding, and post on the 7
department's Internet web site a report on the overall incidence of the 8
income tax, sales and excise taxes, the corporation business tax and 9
property tax. The report shall present information on the distribution 10
of the tax burden as follows: 11
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(1) For individuals: 12
(A) Income classes, including income distribution expressed for 13
every ten percentage points; and 14
(B) Other appropriate taxpayer characteristics, as determined by 15
said commissioner. 16
(2) For businesses: 17
(A) Business size as established by gross receipts; 18
(B) Legal organization; and 19
(C) Industry by NAICS code. 20
Sec. 2. Section 4-8 of the general statutes is repealed and the 21
following is substituted in lieu thereof (Effective from passage): 22
Each department head shall be qualified by training and experience 23
for the duties of his or her office. Each department head shall act as the 24
executive officer of the Governor for accomplishing the purposes of his 25
or her department. [He] Each department head shall (1) conduct 26
comprehensive planning with respect to the functions of his or her 27
department and coordinate the activities and programs of the state 28
agencies therein; [. He shall] (2) cause the administrative organization 29
of [said] such department to be examined with a view to promoting 30
economy and efficiency; [. He shall] and (3) organize the department 31
and any agency therein into such divisions, bureaus or other units as 32
he or she deems necessary for the efficient conduct of the business of 33
the department. [and] Each department head may from time to time 34
abolish, transfer or consolidate within the department or any agency 35
therein any division, bureau or other unit as may be necessary for the 36
efficient conduct of the business of the department, provided such 37
organization shall include any division, bureau or other unit which is 38
specifically required by the general statutes. Each department head 39
may appoint such deputies as may be necessary for the efficient 40
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conduct of the business of the department. Each department head shall 41
designate one deputy who shall, in the absence or disqualification of 42
the department head or on his or her death, exercise the powers and 43
duties of the department head until [he] the department head resumes 44
his or her duties or the vacancy is filled. Such deputies shall serve at 45
the pleasure of the department head. Such appointees shall devote 46
their full time to their duties with the department or agency and shall 47
engage in no other gainful employment. Subject to the provisions of 48
chapter 67, each department head shall appoint such other employees 49
as may be necessary for the discharge of his or her duties. [He is 50
empowered to] Each department head may make regulations for the 51
conduct of his or her department. Each department head may enter 52
into [such] contractual agreements, including, but not limited to, 53
contractual agreements with other states, in accordance with 54
established procedures, as may be necessary for the discharge of his or 55
her duties. Subject to the provisions of section 4-32, and unless 56
otherwise provided by law, each department head is authorized to 57
receive any money, revenue or services from the federal government, 58
corporations, associations or individuals, including payments from the 59
sale of printed matter or any other material or services. Each 60
department head may create such advisory boards as he or she deems 61
necessary. 62
Sec. 3. Section 4-68s of the general statutes is repealed and the 63
following is substituted in lieu thereof (Effective from passage): 64
(a) Not later than October 1, 2018, and annually thereafter, the 65
Departments of Correction, Children and Families, Mental Health and 66
Addiction Services and Social Services and the Court Support Services 67
Division of the Judicial Branch shall compile a program inventory of 68
each of said agency's programs and shall categorize them as evidence-69
based, research-based, promising or lacking any evidence. Each 70
program inventory shall include a complete list of all agency 71
programs, including the following information for each such program 72
for the prior fiscal year, as applicable: (1) A detailed description of the 73
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program, (2) the names of providers, (3) the intended treatment 74
population, (4) the intended outcomes, (5) the method of assigning 75
participants, (6) the total annual program expenditures, (7) a 76
description of funding sources, (8) the cost per participant, (9) the 77
annual number of participants, (10) the annual capacity for 78
participants, and (11) the estimated number of persons eligible for, or 79
needing, the program. 80
(b) Each program inventory required by subsection (a) of this 81
section shall be submitted in accordance with the provisions of section 82
11-4a to the Secretary of the Office of Policy and Management, the joint 83
standing committees of the General Assembly having cognizance of 84
matters relating to children, human services, appropriations and the 85
budgets of state agencies and finance, revenue and bonding, the Office 86
of Fiscal Analysis, and the Institute for Municipal and Regional Policy 87
at Central Connecticut State University. 88
(c) Not later than November 1, 2018, and annually thereafter by 89
November first, the Institute for Municipal and Regional Policy at 90
Central Connecticut State University shall submit a report containing a 91
cost-benefit analysis of the programs inventoried in subsection (a) of 92
this section to the Secretary of the Office of Policy and Management, 93
the joint standing committees of the General Assembly having 94
cognizance of matters relating to children, appropriations and the 95
budgets of state agencies and finance, revenue and bonding, and the 96
Office of Fiscal Analysis, in accordance with the provisions of section 97
11-4a. 98
(d) The Office of Policy and Management and the Office of Fiscal 99
Analysis may include the cost-benefit analysis provided by the 100
Institute for Municipal and Regional Policy under subsection (c) of this 101
section in their reports submitted to the joint standing committees of 102
the General Assembly having cognizance of matters relating to 103
children, appropriations and the budgets of state agencies and finance, 104
revenue and bonding on or before November fifteenth annually, 105
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pursuant to subsection (b) of section 2-36b. 106
[(e) Not later than January 1, 2019, the Secretary of the Office of 107
Policy and Management shall create a pilot program that applies the 108
principles of the Pew-MacArthur Results First cost-benefit analysis 109
model, with the overall goal of promoting cost-effective policies and 110
programming by the state, to at least eight grant programs financed by 111
the state selected by the secretary. Such grant programs shall include, 112
but need not be limited to, programs that provide services for families 113
in the state, employment programs and at least one contracting 114
program that is provided by a state agency with an annual budget of 115
over two hundred million dollars. 116
(f) Not later than April 1, 2019, the Secretary of the Office of Policy 117
and Management shall submit a report, in accordance with the 118
provisions of section 11-4a, to the joint standing committee of the 119
General Assembly having cognizance of matter s relating to 120
appropriations and the budgets of state agencies. Such report shall 121
include, but need not be limited to, a description of the grant programs 122
the secretary has included in the pilot program described in subsection 123
(e) of this section, the status of the pilot program and any 124
recommendations.] 125
Sec. 4. Subsection (a) of section 10a-8c of the general statutes is 126
repealed and the following is substituted in lieu thereof (Effective from 127
passage): 128
(a) Except as provided in subsection (b) of this s ection, 129
notwithstanding the provisions of sections 10a-77a, 10a-99a, 10a-109c, 130
10a-109i and 10a-143a, no funds shall be appropriated to the Office of 131
Higher Education for grants pursuant to subdivision (2) of subsection 132
(a) of section 10a-77a, subdivision (2) of subsection (a) of section 10a-133
99a, subdivision (2) of subsection (b) of section 10a-109i and 134
subdivision (2) of subsection (a) of section 10a-143a: (1) Until such time 135
as the amount in the Budget Reserve Fund, established in section 4-136
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30a, equals [ten] fifteen per cent of the net General Fund 137
appropriations for the fiscal year in progress, (2) the amount of the 138
grants appropriated shall be reduced proportionately if the amount 139
available is less than the amount required for such grants, and (3) the 140
amount of funds available to be appropriated during any fiscal year 141
for such grants shall not exceed twenty-five million dollars. 142
Sec. 5. Subsection (b) of section 10a-8 of the general statutes is 143
repealed and the following is substituted in lieu thereof (Effective from 144
passage): 145
(b) The boards of trustees of each of the constituent units may 146
transfer to or from any specific appropriation of such constituent unit a 147
sum or sums totaling up to [fifty] one hundred seventy-five thousand 148
dollars or ten per cent of any such specific appropriation, whichever is 149
less, in any fiscal year without the consent of the Finance Advisory 150
Committee. Any such transfer shall be reported to the Finance 151
Advisory Committee within thirty days of such transfer and such 152
report shall be a record of said committee. 153
Sec. 6. Subsection (e) of section 7-34a of the general statutes is 154
repealed and the following is substituted in lieu thereof (Effective July 155
1, 2019): 156
(e) In addition to the fees for recording a document under 157
subsection (a) of this section, town clerks shall receive a fee of forty 158
dollars for each document recorded in the land records of the 159
municipality. The town clerk shall retain one dollar of any fee paid 160
pursuant to this subsection and three dollars of such fee shall become 161
part of the general revenue of the municipality and be used to pay for 162
local capital improvement projects, as defined in section 7-536. Not 163
later than the fifteenth day of each month, town clerks shall remit 164
thirty-six dollars of the fees paid pursuant to this subsection during the 165
previous calendar month to the State Treasurer [. Upon] for deposit in 166
the General Fund. [, such amount shall be credited to the community 167
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investment account established pursuant to section 4-66aa.] The 168
provisions of this subsection shall not apply to any document recorded 169
on the land records by an employee of the state or of a municipality in 170
conjunction with such employee's official duties. As used in this 171
subsection, "municipality" includes each town, consolidated town and 172
city, city, consolidated town and borough, borough, and district, as 173
defined in chapter 105 or 105a, any municipal corporation or 174
department thereof created by a special act of the General Assembly, 175
and each municipal board, commission and taxing dis trict not 176
previously mentioned. 177
Sec. 7. Subsection (h) of section 49-10 of the general statutes is 178
repealed and the following is substituted in lieu thereof (Effective July 179
1, 2019): 180
(h) Notwithstanding the provisions concerning remittance and 181
retention of fees set forth in section 7-34a, as amended by this act, the 182
recording fees paid in accordance with subsections (a), (d) and (e) of 183
[said] section 7-34a by a nominee of a mortgagee, as defined in 184
subdivision (2) of subsection (a) of [said] section 7-34a, shall be 185
allocated as follows: (1) For fees collected upon a recording by a 186
nominee of a mortgagee, except for the recording of (A) an assignment 187
of mortgage in which the nominee of a mortgagee appears as assignor, 188
and (B) a release of mortgage, as described in section 49-8, by a 189
nominee of a mortgagee, the town clerk shall remit one hundred ten 190
dollars of such fees to the state, such fees shall be deposited into the 191
General Fund; [and, upon deposit in the General Fund, thirty-six 192
dollars of such fees shall be credited to the community investment 193
account established pursuant to section 4-66aa;] the town clerk shall 194
retain forty-nine dollars of such fees, thirty-nine dollars of which shall 195
become part of the general revenue of such municipality and ten 196
dollars of which shall be deposited into the town clerk fund; and the 197
town clerk shall retain any fees for additional pages beyond the first 198
page in accordance with the provisions of subdivision (2) of subsection 199
(a) of [said] section 7-34a; and (2) for the fee collected upon a recording 200
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of (A) an assignment of mortgage in which the nominee appears as 201
assignor, or (B) a release of mortgage by a nominee of a mortgagee, the 202
town clerk shall remit one hundred twenty-seven dollars of such fee to 203
the state, such fee shall be deposited into the General Fund, [and, upon 204
deposit in the General Fund, thirty-six dollars of such fee shall be 205
credited to the community investment account,] and, until October 1, 206
2014, sixty dollars of such fee shall be credited to the State Banking 207
Fund for purposes of funding the foreclosure mediation program 208
established by section 49-31m; and the town clerk shall retain thirty-209
two dollars of such fee, which shall become part of the general revenue 210
of such municipality. 211
Sec. 8. Section 22-38a of the general statutes is repealed and the 212
following is substituted in lieu thereof (Effective July 1, 2019): 213
The Commissioner of Agriculture shall establish and administer a 214
program to promote the marketing of farm products grown and 215
produced in Connecticut for the purpose of encouraging the 216
development of agriculture in the state. The commissioner may, within 217
available appropriations, provide a grant-in-aid to any person, firm, 218
partnership or corporation engaged in the promotion and marketing of 219
such farm products, provided the words "CONNECTICUT-GROWN" 220
or "CT-Grown" are clearly incorporated in such promotional and 221
marketing activities. The commissioner shall (1) provide for the design, 222
plan and implementation of a multiyear, state-wide marketing and 223
advertising campaign, including, but not limited to, television and 224
radio advertisements, promoting the availability of, and advantages of 225
purchasing, Connecticut-grown farm products, (2) establish and 226
continuously update a web site connected with such advertising 227
campaign that includes, but is not limited to, a comprehensive listing 228
of Connecticut farmers' markets, pick-your-own farms, roadside and 229
on-farm markets, farm wineries, garden centers and nurseries selling 230
predominantly Connecticut-grown horticultural products and agri-231
tourism events and attractions, and (3) conduct efforts to promote 232
interaction and business relationships between farmers and 233
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restaurants, grocery stores, institutional cafeterias and other potential 234
institutional purchasers of Connecticut-grown farm products, 235
including, but not limited to, (A) linking farmers and potential 236
purchasers through a separate feature of the web site established 237
pursuant to this section, and (B) organizing state-wide or regional 238
events promoting Connecticut-grown farm products, where farmers 239
and potential institutional customers are invited to participate. The 240
commissioner shall use his best efforts to solicit cooperation and 241
participation from the farm, corporate, retail, wholesale and grocery 242
communities in such advertising, Internet-related and event planning 243
efforts, including, but not limited to, soliciting private sector matching 244
funds. [The commissioner shall use all of the funds provided to the 245
Department of Agriculture pursuant to subparagraph (C) of 246
subdivision (5) of subsection (a) of section 4-66aa for the purposes of 247
this section.] The commissioner shall report annually to the joint 248
standing committee of the General Assembly having cognizance of 249
matters relating to the environment on issues with respect to efforts 250
undertaken pursuant to the requirements of this section, including, but 251
not limited to, the amount of private matching funds received and 252
expended by the department. The commissioner may adopt, in 253
accordance with chapter 54, such regulations as he deems necessary to 254
carry out the purposes of this section. 255
Sec. 9. Subsection (b) of section 32-1s of the general statutes is 256
repealed and the following is substituted in lieu thereof (Effective July 257
1, 2019): 258
(b) Any order or regulation of the Connecticut Commission on 259
Culture and Tourism, which is in force on July 1, 2011, shall continue 260
in force and effect as an order or regulation of the Department of 261
Economic and Community Development until amended, repealed or 262
superseded pursuant to law. Where any order or regulation of said 263
commission or said department conflicts, the Commissioner of 264
Economic and Community Development may implement policies and 265
procedures consistent with the provisions of this section and sections 266
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3-110f, 3-110h, 3-110i, 4-9a, [4-66aa,] 4-89, 4b-53, 4b-60, 4b-64, 4b-66a, 5-267
198, 7-147a, 7-147b, 7-147c, 7-147j, 7-147p, 7-147q, 7-147y, 8-37lll, 10-268
382, 10-384, 10-385, 10-386, 10-387, 10-388, 10-389, 10-391, 10-392, 10-269
393, 10-394, 10-395, 10-396, 10-397, 10-397a, 10-399, 10-400, 10-401, 10-270
402, 10-403, 10-404, 10-405, 10-406, 10-408, 10-409, 10-410, 10-411, 10-271
412, 10-413, 10-414, 10-415, 10-416, 10-416a, 10-416b, 10-425, 10a-111a, 272
10a-112, 10a-112b, 10a-112g, 11-6a, 12-376d, 13a-252, 19a-315b, 19a-273
315c, 22a-1d, 22a-19b, 22a-27s, 29-259, 32-6a, 32-11a and 32-35 while in 274
the process of adopting the policy or procedure in regulation form, 275
provided notice of intention to adopt regulations is printed in the 276
Connecticut Law Journal not later than twenty days after 277
implementation. The policy or procedure shall be valid until the time 278
final regulations are effective. 279
Sec. 10. (Effective July 1, 2019) Notwithstanding the provisions of 280
subsection (c) of section 4-66l of the general statutes: 281
(1) For the fiscal year ending June 30, 2020, municipal transition 282
grants to municipalities that impose mill rates on real property and 283
personal property other than motor vehicles greater than 45 mills or 284
that, when combined with the mill rate of any district located within 285
the municipality, impose mill rates greater than 45 mills, shall be made 286
in an amount equal to the difference between the amount of property 287
taxes levied by the municipality and any district located within the 288
municipality on motor vehicles for the assessment year commencing 289
October 1, 2016, and the amount such levy would have been if the mill 290
rate on motor vehicles for said assessment year was equal to the mill 291
rate imposed by such municipality and any district located within the 292
municipality on real property and personal property other than motor 293
vehicles; and 294
(2) For the fiscal year ending June 30, 2021, municipal transition 295
grants to municipalities that impose mill rates on real property and 296
personal property, other than motor vehicles, greater than 45 mills or 297
that, when combined with the mill rate of any district located within 298
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the municipality, impose mill rates greater than 45 mills, shall be made 299
in an amount equal to the difference between the amount of property 300
taxes levied by the municipality and any district located within the 301
municipality on motor vehicles for the assessment year commencing 302
October 1, 2017, and the amount such levy would have been if the mill 303
rate on motor vehicles for said assessment year was equal to the mill 304
rate imposed by such municipality and any district located within the 305
municipality on real property and personal property other than motor 306
vehicles. 307
Sec. 11. Section 31-230 of the general statutes is repealed and the 308
following is substituted in lieu thereof (Effective from passage): 309
(a) An individual's benefit year shall commence with the beginning 310
of the week with respect to which the individual has filed a valid 311
initiating claim and shall continue through the Saturday of the fifty-312
first week following the week in which it commenced, provided no 313
benefit year shall end until after the end of the third complete calendar 314
quarter, plus the remainder of any uncompleted calendar week that 315
began in such quarter, following the calendar quarter in which it 316
commenced, and provided further, the benefit year of an individual 317
who has filed a combined wage claim, as described in subsection (b) of 318
section 31-255, shall be the benefit year prescribed by the law of the 319
paying state. In no event shall a benefit year be established before the 320
termination of an existing benefit year previously established under 321
the provisions of this chapter. Except as provided in subsection (b) of 322
this section, the base period of a benefit year shall be the first four of 323
the five most recently completed calendar quarters prior to such 324
benefit year, provided such quarters were not previously used to 325
establish a prior valid benefit year and provided further, the base 326
period with respect to a combined wage claim, as described in 327
subsection (b) of section 31-255, shall be the base period of the paying 328
state, except that for any individual who is eligible to receive or is 329
receiving workers' compensation or who is properly absent from work 330
under the terms of the employer's sick leave or disability leave policy, 331
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the base period shall be the first four of the five most recently worked 332
quarters prior to such benefit year, provided such quarters were 333
consecutive and not previously used to establish a prior valid benefit 334
year and provided further, the last most recently worked calendar 335
quarter is no more than twelve calendar quarters prior to the date such 336
individual makes an initiating claim. As used in this section, an 337
initiating claim shall be deemed valid if the individual is unemployed 338
and meets the requirements of subdivisions (1) and (3) of subsection 339
(a) of section 31-235. The base period of an individual's benefit year 340
shall include wages paid by any nonprofit organization electing 341
reimbursement in lieu of contributions, or by the state and by any 342
town, city or other political or governmental subdivision of or in this 343
state or of any municipality to such person with respect to whom such 344
employer is subject to the provisions of this chapter. With respect to 345
weeks of unemployment beginning on or after January 1, 1978, wages 346
for insured work shall include wages paid for previously uncovered 347
services. For purposes of this section, the term "previously uncovered 348
services" means services that (1) were not employment, as defined in 349
section 31-222, and were not services covered pursuant to section 31-350
223, at any time during the one-year period ending December 31, 1975; 351
and (2) (A) are agricultural labor, as defined in subparagraph (H) of 352
subdivision (1) of subsection (a) of section 31-222, or domestic service, 353
as defined in subparagraph (J) of subdivision (1) of subsection (a) of 354
section 31-222, or (B) are services performed by an employee of this 355
state or a political subdivision of this state, as provided in 356
subparagraph (C) of subdivision (1) of subsection (a) of section 31-222, 357
or by an employee of a nonprofit educational institution that is not an 358
institution of higher education, as provided in subparagraph (E)(iii) of 359
subdivision (1) of subsection (a) of section 31-222, except to the extent 360
that assistance under Title II of the Emergency Jobs and 361
Unemployment Assistance Act of 1974 was paid on the basis of such 362
services. 363
(b) The base period of a benefit year for any individual who is 364
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ineligible to receive benefits using the base period set forth in 365
subsection (a) of this section shall be the four most recently completed 366
calendar quarters prior to the individual's benefit year, provided such 367
quarters were not previously used to establish a prior valid benefit 368
year, except that for any such individual who is eligible to receive or is 369
receiving workers' compensation or who is properly absent from work 370
under the terms of an employer's sick leave or disability leave policy, 371
the base period shall be the four most recently worked calendar 372
quarters prior to such benefit year, provided such quarters were 373
consecutive and not previously used to establish a prior valid benefit 374
year and provided further, the last most recently worked calendar 375
quarter is not more than twelve calendar quarters prior to the date 376
such individual makes the initiating claim. If the wage information for 377
an individual's most recently worked calendar quarter is unavailable 378
to the administrator from regular quarterly reports of systematically 379
accessible wage information, the administrator shall promptly contact 380
the individual's employer to obtain such wage information. 381
Sec. 12. Subsection (b) of section 31-273 of the general statutes is 382
repealed and the following is substituted in lieu thereof (Effective from 383
passage): 384
(b) (1) Any person who, by reason of fraud, wilful misrepresentation 385
or wilful nondisclosure by such person or by another of a material fact, 386
has received any sum as benefits under this chapter while any 387
condition for the receipt of benefits imposed by this chapter was not 388
fulfilled in such person's case, or has received a greater amount of 389
benefits than was due such person under this chapter, shall be charged 390
with an overpayment and shall be liable to repay to the administrator 391
for the Unemployment Compensation Fund a sum equal to the 392
amount so overpaid to such person. If such person does not make 393
repayment in full of the sum overpaid, the administrator shall recoup 394
such sum by offset from such person's unemployment benefits. The 395
deduction from benefits shall be one hundred per cent of the person's 396
weekly benefit entitlement until the full amount of the overpayment 397
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has been recouped. Where such offset is insufficient to recoup the full 398
amount of the overpayment, the claimant shall repay the remaining 399
amount plus, for any determination of an overpayment made on or 400
after July 1, 2005, interest at the rate of one per cent of the amount so 401
overpaid per month, in accordance with a repayment schedule as 402
determined by the examiner. If the claimant fails to repay according to 403
the schedule, the administrator may recover such overpayment plus 404
interest through a wage execution against the claimant's earnings upon 405
the claimant's return to work in accordance with the provisions of 406
section 52-361a. In addition, the administrator may request the 407
Commissioner of Administrative Services to seek reimbursement for 408
such amount pursuant to section 12-742. If the administrator's actions 409
are insufficient to recover such overpayment, the administrator may 410
submit the outstanding balance to the Internal Revenue Service for the 411
purpose of offsetting the claimant's federal tax refund pursuant to 26 412
USC 6402(f), 31 USC 3720A or other applicable federal laws. The 413
administrator is authorized, eight years after the payment of any 414
benefits described in this subsection, to cancel any claim for such 415
repayment or recoupment which in the administrator's opinion is 416
uncollectible. Effective January 1, 1996, and annually thereafter, the 417
administrator shall report to the joint standing committee of the 418
General Assembly having cognizance of matters relating to finance, 419
revenue and bonding and the joint standing committee of the General 420
Assembly having cognizance of matters relating to labor and public 421
employees, the aggregate number and value of all such claims deemed 422
uncollectible and therefore cancelled during the previous calendar 423
year. 424
(2) (A) For any determination of an overpayment made prior to 425
October 1, 2013, any person who has made a claim for benefits under 426
this chapter and has knowingly made a false statement or 427
representation or has knowingly failed to disclose a material fact in 428
order to obtain benefits or to increase the amount of benefits to which 429
such person may be entitled under this chapter shall forfeit benefits for 430
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not less than one or more than thirty-nine compensable weeks 431
following determination of such offense or offenses, during which 432
weeks such person would otherwise have been eligible to receive 433
benefits. For the purposes of section 31-231b, such person shall be 434
deemed to have received benefits for such forfeited weeks. This 435
penalty shall be in addition to any other applicable penalty under this 436
section and in addition to the liability to repay any moneys so received 437
by such person and shall not be confined to a single benefit year. The 438
provisions of this subparagraph shall not be applicable to claims 439
deemed payable as of October 1, 2019. (B) For any determination of an 440
overpayment made on or after October 1, 2013, any person who has 441
made a claim for benefits under this chapter and has knowingly made 442
a false statement or representation or has knowingly failed to disclose 443
a material fact in order to obtain benefits or to increase the amount of 444
benefits to which such person may be entitled under this chapter shall 445
be subject to a penalty of fifty per cent of the amount of overpayment 446
for the first offense and a penalty of one hundred per cent of the 447
amount of overpayment for any subsequent offense. This penalty shall 448
be in addition to the liability to repay the full amount of overpayment 449
and shall not be confined to a single benefit year. Thirty-five per cent 450
of any such penalty shall be paid into the Unemployment 451
Compensation Trust Fund and sixty-five per cent of such penalty shall 452
be paid into the Employment Security Administration Fund. The 453
penalty amounts computed in this subparagraph shall be rounded to 454
the nearest dollar with fractions of a dollar of exactly fifty cents 455
rounded upward. 456
(3) Any person charged with the fraudulent receipt of benefits or the 457
making of a fraudulent claim, as provided in this subsection, shall be 458
entitled to a determination of eligibility by the administrator that shall 459
be based upon evidence or testimony presented in a manner 460
prescribed by the administrator including in writing, by telephone or 461
by other electronic means. The administrator may prescribe a hearing 462
by telephone or in person at his or her discretion, provided if an in 463
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person hearing is requested, the request may not be unreasonably 464
denied by the administrator. Notice of the time and place of such 465
hearing, and the reasons for such hearing, shall be given to the person 466
not less than five days prior to the date appointed for such hearing. 467
The administrator shall determine, on the basis of facts found by the 468
administrator, whether or not a fraudulent act subject to the penalties 469
of this subsection has been committed and, upon such finding, shall fix 470
the penalty for any such offense according to the provisions of this 471
subsection. Any person determined by the administrator to have 472
committed fraud under the provisions of this section shall be liable for 473
repayment to the administrator of the Unemployment Compensation 474
Fund for any benefits determined by the administrator to have been 475
collected fraudulently, as well as any other penalties assessed by the 476
administrator in accordance with the provisions of this subsection. 477
Until such liabilities have been met to the satisfaction of the 478
administrator, such person shall forfeit any right to receive benefits 479
under the provisions of this chapter. Notification of such decision and 480
penalty shall be provided to such person and shall be final unless such 481
person files an appeal not later than twenty-one days after the date 482
such notification was provided to such person, except that (A) any 483
such appeal that is filed after such twenty-one-day period may be 484
considered to be timely filed if the filing party shows good cause, as 485
defined in regulations adopted pursuant to section 31-249h, for the late 486
filing, (B) if the last day for filing an appeal falls on any day when the 487
offices of the Employment Security Division are not open for business, 488
such last day shall be extended to the next business day, (C) if any 489
such appeal is filed by mail, the appeal shall be considered timely filed 490
if the appeal was received within such twenty-one-day period or bears 491
a legible United States postal service postmark that indicates that 492
within such twenty-one-day period the appeal was placed in the 493
possession of postal authorities for delivery to the appropriate office, 494
except posting dates attributable to private postage meters shall not be 495
considered in determining the timeliness of appeals filed by mail, and 496
(D) if any such appeal is filed electronically, such appeal shall be 497
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considered timely filed if it was received within such twenty-one-day 498
period. Such appeal shall be heard by a referee in the same manner 499
provided in section 31-242 for an appeal from the decision of an 500
examiner on a claim for benefits. The manner in which such appeals 501
shall be heard and appeals taken therefrom to the board of review and 502
then to the Superior Court, either by the administrator or the claimant, 503
shall be in accordance with the provisions set forth in section 31-249 or 504
31-249b, as the case may be. Any determination of overpayment made 505
under this subsection which becomes final on or after October 1, 1995, 506
may be enforced in the same manner as a judgment of the Superior 507
Court when the claimant fails to pay according to the claimant's 508
repayment schedule. The court may issue execution upon any final 509
determination of overpayment in the same manner as in cases of 510
judgments rendered in the Superior Court; and upon the filing of an 511
application to the court for an execution, the administrator shall send 512
to the clerk of the court a certified copy of such determination. 513
Sec. 13. Subsection (a) of section 31-250 of the general statutes is 514
repealed and the following is substituted in lieu thereof (Effective from 515
passage): 516
(a) In administering this chapter, the administrator may adopt such 517
regulations, employ such persons, make such expenditures, require 518
such reports, make such investigations and take such other action as 519
may be necessary or suitable, including, but not limited to, entering 520
into a consortium with other states and entering into any contract or 521
memorandum of understanding associated with such consortium. 522
Such regulations shall be effective upon publication in the manner 523
which the administrator prescribes. As provided in section 4-60, the 524
administrator shall submit to the Governor a report covering the 525
administration and operation of this chapter during the preceding 526
fiscal year and shall make such recommendations for amendments to 527
this chapter as he deems proper. The administrator shall comply with 528
the provisions of Section 303(a)(6) and (7) of the federal Social Security 529
Act, and of Section 303(c), added to the federal Social Security Act by 530
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Section 13(g) of the federal Railroad Unemployment Insurance Act. 531
The administrator is authorized to receive the reimbursement of the 532
federal share of extended benefits paid under the provisions of 533
sections 31-232b to 31-232h, inclusive, and section 31-232k that are 534
reimbursable under the provisions of federal law. 535
Sec. 14. (NEW) (Effective July 1, 2019) (a) For the purpose of this 536
section: 537
(1) "Federal act" means the United States Agricultural Marketing Act 538
of 1946, 7 USC 1621 et seq., as amended from time to time; 539
(2) "Cannabidiol" or "CBD" means the nonpsychotropic compound 540
by the same name derived from the hemp variety of the Cannabis 541
sativa L. plant; 542
(3) "Certificate of analysis" means a certificate from a laboratory 543
describing the results of the laboratory's testing of a sample; 544
(4) "Certified seed" means hemp seed for which a certificate or any 545
other instrument has been issued by an agency authorized under the 546
laws of a state, territory or possession of the United States to officially 547
certify hemp seed and that has standards and procedures approved by 548
the United States Secretary of Agriculture to assure the genetic purity 549
and identity of the hemp seed certified; 550
(5) "Commissioner" means the Commissioner of Agriculture, or the 551
commissioner's designated agent; 552
(6) "Cultivate" means planting, growing and harvesting a plant or 553
crop; 554
(7) "Department" means the Department of Agriculture; 555
(8) "Handling" means possessing or storing hemp for any period of 556
time on premises owned, operated or controlled by a person licensed 557
to cultivate or process hemp and includes possessing or storing hemp 558
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in a vehicle for any period of time other than during the transport of 559
hemp from the premises of a person licensed to cultivate or process 560
hemp to the premises of another person licensed to cultivate or process 561
hemp; 562
(9) "Hemp" has the same meaning as provided in the federal act; 563
(10) "Hemp products" means products derived from, or made by, 564
the processing of hemp plants or hemp plant parts; 565
(11) "Independent testing laboratory" means a facility: 566
(A) For which no person who has a direct or indirect interest in the 567
laboratory also has a direct or indirect interest in a facility that: 568
(i) Processes, distributes or sells hemp products, or a substantially 569
similar substance in another state or territory of the United States; 570
(ii) Cultivates, processes, distributes, dispenses or sells marijuana; or 571
(iii) Cultivates, processes or distributes hemp; and 572
(B) That is accredited as a testing laboratory to International 573
Organization for Standardization (ISO) 17025 by a third-party 574
accrediting body such as the American Association for Laboratory 575
Accreditation or the Assured Calibration and Laboratory Accreditation 576
Select Services; 577
(12) "Laboratory" means a laboratory of the Connecticut 578
Agricultural Experiment Station, the Department of Public Health, the 579
United States Food and Drug Administration, the United States 580
Department of Agriculture or an independent testing laboratory 581
acceptable to the commissioner; 582
(13) "Law enforcement agency" means the Connecticut State Police, 583
United States Drug Enforcement Administration or other federal, state 584
or local law enforcement agency or drug suppression unit; 585
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(14) "Licensee" means a person who possesses a license issued by 586
the department pursuant to this section to cultivate, handle, process or 587
market hemp or hemp products; 588
(15) "Market" means promoting, distributing or selling a product 589
within the state, in another state or outside of the United States and 590
includes efforts to advertise and gather information about the needs or 591
preferences of potential consumers or suppliers; 592
(16) "Pesticide" has the same meaning as provided in section 22a-47 593
of the general statutes; 594
(17) "Plot" means a contiguous area in a field, greenhouse or indoor 595
growing structure containing the same variety or strain of hemp 596
throughout the area; 597
(18) "Post-harvest sample" means a representative sample of the 598
form of hemp taken from the harvested hemp from a particular plot's 599
harvest in accordance with the procedures established by the 600
commissioner; 601
(19) "Pre-harvest sample" means a composite, representative portion 602
from plants in a hemp plot collected in accordance with the procedures 603
established by the commissioner; 604
(20) "Processing" means using or converting an agricultural 605
commodity for the purpose of creating a marketable form of the 606
commodity; 607
(21) "State plan" means a state plan as described in the federal act; 608
and 609
(22) "THC" means delta-9-tetrahydrocannabinol. 610
(b) The commissioner shall prepare a state plan in accordance with 611
the federal act, for approval by the Governor and Attorney General. 612
The state plan, upon approval by the Governor and the Attorney 613
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General, shall be submitted to the United States Secretary of 614
Agriculture for approval. The commissioner shall have the authority to 615
amend the state plan, in consultation with the Governor and the 616
Attorney General, as necessary to comply with the federal act. 617
(c) Following approval of the state plan by the United States 618
Secretary of Agriculture, the Department of Agriculture may enforce 619
regulations adopted in accordance with the federal act and chapter 54 620
of the general statutes for standards for hemp production in the state. 621
The commissioner may consult, collaborate and enter cooperative 622
agreements with any federal or state agency, municipality or political 623
subdivision of the state concerning application of the provisions of the 624
federal act and the regulations adopted pursuant to the federal act, as 625
may be necessary to carry out the provisions of this section. 626
(d) In accordance with the state plan approved pursuant to 627
subsection (a) of this section and the provisions of this section, hemp 628
may be cultivated, processed, handled, marketed, researched or 629
possessed. Any person who cultivates, processes, handles, markets, 630
researches or possesses hemp shall: (1) Be licensed by the department 631
pursuant to subsection (f) of this section; and (2) only acquire certified 632
seeds. 633
(e) Any person who sells hemp products shall not be required to be 634
licensed pursuant to subsection (d) of this section provided such 635
person only engages in (1) the retail sale of hemp in which no further 636
processing of the hemp product occurs and the hemp products are 637
acquired from a person licensed pursuant to subsection (d) of this 638
section, or (2) the retail sale of hemp products that are otherwise 639
authorized under federal law. 640
(f) Any applicant for a license to cultivate, process, handle, market, 641
research or possess hemp shall meet each of the following 642
requirements: 643
(1) Each applicant shall submit an application for a license that 644
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consists, at a minimum, of the following: (A) The name and address of 645
the applicant; (B) the name and address of the plot for the hemp 646
operation of the applicant; (C) the global positioning system 647
coordinates and legal description of the plot used for the hemp 648
operation; (D) the acreage size of the plot where the hemp will be 649
cultivated; (E) written consent allowing the Department of Agriculture 650
to conduct both scheduled and random inspections of and around the 651
premises on which the hemp is to be sown, cultivated, harvested, 652
stored and processed; and (F) any other information as may be 653
required by the commissioner; 654
(2) Each applicant for a license shall submit to and pay for an annual 655
criminal background check; 656
(3) No person who has been convicted of any felony as defined in 657
the federal act shall be eligible to obtain a license; and 658
(4) Each applicant who obtains such a license shall pay for all costs 659
of testing any hemp samples at a laboratory approved by the 660
commissioner for the purpose of determining the THC concentration 661
level. 662
(g) Any license issued by the department pursuant to this section 663
shall expire annually on December thirty-first and may be renewed 664
during the preceding month of October. Such licenses shall not be 665
transferable. 666
(h) The following fees shall apply for each such license and 667
inspection: 668
(1) A nonrefundable license application fee of two hundred dollars; 669
(2) A nonrefundable annual license fee of four hundred fifty dollars 670
for one plot consisting of ten acres or less and a nonrefundable annual 671
license fee of four hundred fifty dollars for each additional plot that 672
consists of not more than ten acres; and 673
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(3) In the event that resampling is required due to a test result that 674
shows a violation of any provision of this section or any regulation 675
adopted pursuant to this section, the licensee shall pay a resampling 676
inspection fee of three hundred dollars. Such fee shall be paid prior to 677
the collection by the department of the post-harvest sample. 678
(i) After receipt and review of an application for licensure pursuant 679
to subsection (f) of this section, the commissioner may grant an annual 680
license upon a finding that the applicant meets the requirements of 681
subsection (f) of this section. 682
(j) The department may temporarily suspend a license for a period 683
of not more than sixty days if the licensee: 684
(1) Violated any provision of this section or a regulation adopted 685
pursuant to this section; 686
(2) Made any false statement to the department or the department's 687
representatives; 688
(3) Pled guilty to, or has been convicted of, any felony, as defined in 689
the federal act; 690
(4) Failed to comply with the state plan; or 691
(5) Failed to comply with an order of the department, a 692
representative of the Connecticut State Police or any law enforcement 693
agency. 694
(k) The department may temporarily suspend a license for a period 695
not to exceed sixty days, for cause, without giving the licensee advance 696
notice of the charge against him or her or an opportunity to be heard. 697
(l) The department shall not permanently revoke any license issued 698
pursuant to subsection (f) of this section until the department notifies 699
the licensee of the charge against him or her and gives the licensee an 700
opportunity for a hearing before the commissioner. 701
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(m) The department may permanently revoke a license if the 702
licensee admits, or is found in a hearing, to have: 703
(1) Violated any provision of this section or any regulation adopted 704
pursuant to this section; 705
(2) Made any false statement to the department or a representative 706
of the department; 707
(3) Pled guilty to, or been convicted of a felony, as defined in the 708
federal act; or 709
(4) Failed to comply with any order from the department, a 710
representative of the Connecticut State Police or any law enforcement 711
officer. 712
(n) Any violation of the state plan by any licensee shall be subject to 713
enforcement in accordance with the federal act. 714
(o) The department may impose a monetary civil penalty, not to 715
exceed two thousand five hundred dollars per violation, and two 716
hundred fifty dollars per day, on any person who violates the 717
provisions of this section or any regulation adopted pursuant to this 718
section. 719
(p) All documents included in an application for a license submitted 720
under this section shall be subject to disclosure in accordance with 721
chapter 14 of the general statutes except the address of a licensee's 722
cultivation or production facility, any document describing, depicting 723
or otherwise outlining a licensee's security schematics or global 724
positioning system coordinates. 725
(q) The department may inspect and shall have access to the 726
buildings, equipment, supplies, vehicles, records, real property and 727
other information deemed necessary to carry out the department's 728
duties pursuant to this section from any person participating in the 729
planting, cultivating, harvesting, possessing, processing, purchasing, 730
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marketing or researching of hemp. The department shall establish an 731
inspection and testing program to determine THC levels and ensure 732
compliance with the limits on THC concentration in all hemp grown in 733
the state by a licensee. The licensee shall be responsible for all costs of 734
disposal of hemp samples and any hemp produced by a licensee that 735
violates the provisions of this section or any regulation adopted 736
pursuant to this section. The department shall order and conduct post-737
harvest THC testing of a plot if the results of an initial THC test on the 738
pre-harvest sample provided and collected by the licensee indicate a 739
THC concentration in the pre-harvest sample in excess of permitted 740
levels. 741
(r) The department may issue any order necessary to effectuate the 742
purposes of this section provided nothing in this section shall be 743
construed to limit or interfere with any authority of the Commissioner 744
of Consumer Protection. Any person aggrieved by any such order may 745
request a hearing in accordance with the provisions of chapter 54 of 746
the general statutes. 747
(s) All licensees shall maintain records required by the federal act, 748
this section and any regulation adopted pursuant to this section. Each 749
licensee shall make such records available to the department upon 750
request of the commissioner. 751
(t) The commissioner may adopt regulations, in accordance with the 752
provisions of chapter 54 of the general statutes, to implement the 753
provisions of this section, including, but not limited to: (1) Provisions 754
for the licensure of persons who wish to commercially cultivate, 755
handle, process, research or market hemp; (2) establishing fees for 756
licensing, inspections and testing conducted pursuant to this section; 757
(3) establishing sampling and testing procedures to ensure that hemp 758
and hemp products cultivated, processed or marketed under the 759
authority of this section do not exceed the concentration levels defined 760
in the federal act; (4) prescribing a procedure for the effective disposal 761
of plants, whether growing or not, that are produced in violation of the 762
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federal act or the provisions of this section or the state plan and 763
products derived from those plants; and (5) the investigation of 764
complaints, the imposition of disciplinary sanctions, including 765
suspension and revocation of licenses, and the imposition of monetary 766
fines. 767
(u) Notwithstanding any provision of the general statutes: (1) 768
Marijuana does not include hemp or hemp products, (2) THC that is 769
found in hemp shall not be considered to be THC that constitutes a 770
controlled substance; (3) hemp-derived cannabinoids, including CBD, 771
shall not constitute controlled substances or adulterants; (4) hemp 772
products that contain one or more hemp-derived cannabinoids, such as 773
CBD, intended for ingestion are to be considered foods, not controlled 774
substances or adulterated products; and (5) whenever the 775
commissioner believes or has reasonable cause to believe that the 776
actions of a licensee or any employee of a licensee will violate any state 777
law concerning the growing, cultivation or possession of marijuana, 778
the commissioner shall notify the Department of Emergency Services 779
and Public Protection and the State Police. 780
(v) The commissioner may establish and operate an agricultural 781
pilot program, as defined in 7 USC 5940, as amended from time to 782
time, for hemp research to enable the department, and its licensees, to 783
study methods of cultivating, processing and marketing hemp. All 784
licensees pursuant to this section shall be deemed participants in the 785
state agricultural pilot program for hemp research. Such pilot program 786
shall operate until the earlier of the date of a fully approved state plan 787
under the federal act or the date of repeal of the federal law permitting 788
the state's agricultural pilot program for hemp research. 789
(w) No person shall ship, transport or deliver within this state, or 790
market, sell or offer for sale, any edible hemp product that contains 791
retail packaging information advertising the presence of CBD or as 792
containing CBD and intended for human consumption, unless the 793
name of the brand, trade name or other distinctive characteristic by 794
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which such edible hemp product is bought and sold, the name and 795
address of the manufacturer of such product and the name and 796
address of each wholesaler who is authorized by the manufacturer or 797
such manufacturer's representative to sell such edible hemp product is 798
registered with the department, and until such brand, trade name or 799
other distinctive characteristic has been approved by the department. 800
Such registration shall be valid for a period of two years. 801
(1) The registration of brands shall be made on forms provided by 802
the commissioner. Each brand registration shall be accompanied by a 803
sample label that contains at a minimum the following information: 804
(A) A scannable bar code or Quick Response Code linked to a 805
document that contains information with respect to the manufacture of 806
the hemp product, including the: 807
(i) Batch identification number; 808
(ii) Product name; 809
(iii) Batch date; 810
(iv) Expiration date; 811
(v) Ingredients used, including the: 812
(I) Ingredient name; 813
(II) Name of the company that manufactured the ingredient; 814
(III) Company or product identification number or code, if 815
applicable; and 816
(IV) Ingredient lot number; and 817
(vi) Download link for a certificate of analysis for the hemp product. 818
(B) A statement that the edible hemp product contains not more 819
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than three-tenths per cent (0.3%) total THC, including precursors, by 820
weight. 821
(2) The fee for such registration, or renewal thereof, shall be two 822
hundred dollars for out-of-state shippers and fifty dollars for 823
Connecticut manufacturers for each brand so registered, payable by 824
the manufacturer or such manufacturer's authorized representative 825
when such edible hemp products are manufactured in the United 826
States and by the importer or such importer's authorized 827
representative when such edible hemp products are imported into the 828
United States. 829
(3) Nothing in this section shall be construed to mean the 830
registration of any product that is regulated as a drug under the 831
federal Food, Drug and Cosmetic Act, 21 USC 301 et seq., as amended 832
from time to time, or any product licensed or registered pursuant to 833
section 21a-246 or chapter 420f of the general statutes. 834
Sec. 15. Section 5-156a of the general statutes is amended by adding 835
subsection (h) as follows (Effective July 1, 2019): 836
(NEW) (h) Any recovery of pension costs from appropriated or 837
nonappropriated sources other than the General Fund and Special 838
Transportation Fund that causes the payments to the State Employees 839
Retirement System to exceed the actuarially determined employer 840
contribution for any fiscal year shall be deposited into the State 841
Employees Retirement Fund as an additional employer contribution at 842
the end of such fiscal year. 843
Sec. 16. Subsection (h) of section 10-183g of the general statutes is 844
repealed and the following is substituted in lieu thereof (Effective July 845
1, 2019): 846
(h) A benefit computed under subsections (a) to (d), inclusive, of 847
this section and under subsections (a) to (g), inclusive, of section 10-848
183aa shall continue until the death of the member. [If] 849
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Notwithstanding the provisions of subsection (a) of section 10-183c, if 850
twenty-five per cent of the aggregate benefits paid to a member before 851
July 1, 2019, and prior to death, plus fifty per cent of the aggregate 852
benefits paid to a member on or after July 1, 2019, and prior to death, 853
are less than such member's accumulated regular contributions, 854
including any one per cent contributions withheld prior to July 1, 1989, 855
and any voluntary contributions plus credited interest, the member's 856
designated beneficiary shall be paid on the death of the member a 857
lump sum amount equal to the difference between such aggregate 858
payments and such accumulated contributions plus credited interest 859
that had been accrued to the date benefits commenced. 860
Sec. 17. (NEW) (Effective July 1, 2019) Notwithstanding the 861
provisions of chapters 16 and 66 of the general statutes, transportation 862
allowances for members of the General Assembly pursuant to section 863
2-15 of the general statutes shall be excluded from the calculations of 864
base salary for the purpose of determining the retirement income of 865
any member who retires on or after July 1, 2019. 866
Sec. 18. Sections 4-66aa and 4-66bb of the general statutes are 867
repealed. (Effective July 1, 2019) 868
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 12-7c(a)
Sec. 2 from passage 4-8
Sec. 3 from passage 4-68s
Sec. 4 from passage 10a-8c(a)
Sec. 5 from passage 10a-8(b)
Sec. 6 July 1, 2019 7-34a(e)
Sec. 7 July 1, 2019 49-10(h)
Sec. 8 July 1, 2019 22-38a
Sec. 9 July 1, 2019 32-1s(b)
Sec. 10 July 1, 2019 New section
Sec. 11 from passage 31-230
Sec. 12 from passage 31-273(b)
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Sec. 13 from passage 31-250(a)
Sec. 14 July 1, 2019 New section
Sec. 15 July 1, 2019 5-156a
Sec. 16 July 1, 2019 10-183g(h)
Sec. 17 July 1, 2019 New section
Sec. 18 July 1, 2019 Repealer section
Statement of Purpose:
To implement the Governor's budget recommendations.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]