Connecticut 2019 Regular Session

Connecticut Senate Bill SB01040 Compare Versions

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7		-	General Assembly ~~Substitute~~ Bill No. 1040
	5	+	General Assembly Raised Bill No. 1040
8	6		January Session, 2019
	7	+	LCO No. 5197
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	9	+
	10	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	11	+	AND ELECTIONS
	12	+
	13	+
	14	+	Introduced by:
	15	+	(GAE)
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14	20		AN ACT CONCERNING TH E STATE EMPLOYEE CAMPAIGN.
15	21		Be it enacted by the Senate and House of Representatives in General
16	22		Assembly convened:
17	23
18	24		Section 1. Section 5-262 of the general statutes is repealed and the 1
19		-	following is substituted in lieu thereof (Effective ~~from passage~~): 2
	25	+	following is substituted in lieu thereof (Effective October 1, 2019): 2
20	26		(a) As used in this section: 3
21	27		[(1) "Federation" means a legally constituted grouping of not less 4
22	28		than five affiliated nonprofit charitable member organizations that are 5
23	29		exempt from taxation under Section 501(c)(3) of the Internal Revenue 6
24	30		Code of 1986, or any subsequent corresponding internal revenue code 7
25	31		of the United States, as from time to time amended, conducting a 8
26	32		single, annual, consolidated effort to secure funds for distribution to its 9
27	33		member agencies engaged in charitable and public health, welfare, 10
28	34		environmental, conservation or service purposes.] 11
29	35		[(2)] (1) "Principal combined fund-raising organization" means a 12
30		-	[federation,] charitable organization or consultant, as described in 13
	36	+	[federation,] charitable organization or consultant, as described in 13 Raised Bill No. 1040
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31	42		subdivision (2) of subsection (c) of this section, that is selected by the 14
32	43		State Employee Campaign Committee to administer the State 15
33	44		Employee Campaign under the direction and control of said 16
34	45		committee. 17
35		-	[(3)] (2) "State Employee Campaign" means an annual campaign to 18 Substitute Bill No. 1040
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	46	+	[(3)] (2) "State Employee Campaign" means an annual campaign to 18
42	47		raise funds from state employees for charitable and public health, 19
43	48		welfare, environmental, conservation or service purposes. 20
44	49		(b) [(1)] There is established a State Employee Campaign Committee 21
45	50		consisting of: (1) The Comptroller, or the Comptroller's designee; (2) 22
46	51		the Commissioner of Administrative Services, or the commissioner's 23
47	52		designee; (3) the executive director of the Joint Committee on 24
48	53		Legislative Management, or the executive director's designee; [ten state 25
49	54		employees appointed in accordance with subdivision (2) of this 26
50	55		subsection; two retired state employees, one appointed by the 27
51	56		Governor and one appointed by the Comptroller; one nonvoting 28
52	57		representative from each participating federation; and one nonvoting 29
53	58		representative from the principal combined fund-raising organization 30
54	59		selected pursuant to subdivision (3) of subsection (c) of this section] (4) 31
55	60		two state employees, appointed by the Governor, one of whom is a 32
56	61		representative of organized labor and one of whom will serve as the 33
57	62		primary liaison between the committee and the department heads, as 34
58	63		defined in section 4-5; (5) one state employee, appointed by the 35
59	64		speaker of the House of Representatives; (6) one state employee, 36
60		-	appointed by the president pro tempore of the Senate; and (7) ~~two~~ 37
61		-	retired ~~employees~~, appointed by the Comptroller. Not more than one 38
	65	+	appointed by the president pro tempore of the Senate; and (7) one 37
	66	+	retired employee, appointed by the Comptroller. Not more than one 38
62	67		state employee from any state agency shall be appointed to the 39
63		-	committee. All [voting~~] appointed~~ members of the State Employee 40
64		-	~~Campaign~~ Committee and their successors shall serve in accordance 41
65		-	~~with the~~ provisions of section 4-1a. The committee shall select one of 42
66		-	~~its [voting]~~ members to serve as chairperson. 43
	68	+	committee. All voting members of the State Employee Campaign 40
	69	+	Committee and their successors shall serve in accordance with the 41
	70	+	provisions of section 4-1a. The committee shall select one of its voting 42
	71	+	members to serve as chairperson. 43
67	72		[(2) The ten state employee members of the State Employee 44
68	73		Campaign Committee shall be appointed as follows: Four by the 45
69		-	Governor, two of whom shall be representatives of organized labor; 46
	74	+	Governor, two of whom shall be representatives of organized labor; 46 Raised Bill No. 1040
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70	80		one by the speaker of the House of Representatives; one by the 47
71	81		majority leader of the House of Representatives; one by the minority 48
72	82		leader of the House of Representatives; one by the president pro 49
73	83		tempore of the Senate; one by the majority leader of the Senate; and 50
74		-	one by the minority leader of the Senate.] 51 Substitute Bill No. 1040
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	84	+	one by the minority leader of the Senate.] 51
81	85		(c) (1) The State Employee Campaign Committee shall (A) exercise 52
82	86		general supervision over all operations of the State Employee 53
83	87		Campaign and take any actions necessary for achievement of 54
84	88		campaign objectives; (B) have the authority, for purposes of complying 55
85	89		with the provisions of this section and any regulations adopted under 56
86	90		this section, to audit, investigate and report on the administration of 57
87	91		the State Employee Campaign; and (C) be responsible for [(A)] the 58
88	92		overall coordination of the State Employee Campaign, [selection of 59
89	93		participating federations and approval of campaign materials to be 60
90	94		used for the State Employee Campaign,] and [(B)] the selection and 61
91	95		supervision of, and contracting with, a principal combined fund-62
92	96		raising organization to administer the State Employee Campaign. 63
93	97		(2) Each [federation,] charitable organization or consultant 64
94	98		submitting an application to become the principal combined fund-65
95	99		raising organization for the State Employee Campaign shall 66
96	100		demonstrate that such [federation,] charitable organization or 67
97	101		consultant (A) has prior workplace campaign experience, including, 68
98	102		but not limited to, (i) the development of financial procedures for 69
99	103		processing and tracking contributions and expenditures, and (ii) 70
100	104		[conducting] facilitating campaign operations, [such as a kick-off and 71
101	105		other events for the State Employee Campaign,] (B) has staff necessary 72
102	106		to administer the State Employee Campaign, and (C) will administer 73
103	107		the State Employee Campaign equitably and fairly. 74
104	108		(3) If two or more [federations,] charitable organizations or 75
105	109		consultants submit an application to become the principal combined 76
106	110		fund-raising organization for the State Employee Campaign, the State 77
107	111		Employee Campaign Committee shall, through a competitive process, 78
108		-	select the lowest responsible qualified bidder, as defined in subsection 79
	112	+	select the lowest responsible qualified bidder, as defined in subsection 79 Raised Bill No. 1040
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109	118		(a) of section 4a-59. If only one [federation,] charitable organization or 80
110	119		consultant submits such an application and meets the qualifications 81
111	120		prescribed in subdivision (2) of this subsection, the State Employee 82
112	121		Campaign Committee shall select such [federation,] charitable 83
113		-	organization or consultant to become the principal combined fund-84 Substitute Bill No. 1040
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	122	+	organization or consultant to become the principal combined fund-84
120	123		raising organization. 85
121	124		[(4) The Comptroller, on behalf of the State Employee Campaign 86
122	125		Committee, shall contract with the selected principal combined fund-87
123		-	raising organization to administer the State Employee Campaign. 88
124		-	(d) (1) Any federation that did not participate in the most recently 89
	126	+	raising organization to administer the State Employee Campaign.] 88
	127	+	[(d) (1) Any federation that did not participate in the most recently 89
125	128		completed State Employee Campaign and wishes to participate in the 90
126	129		next State Employee Campaign shall apply to the State Employee 91
127	130		Campaign Committee not later than January fifteenth after the most 92
128	131		recently completed State Employee Campaign for approval to 93
129	132		participate in the next State Employee Campaign. Such application 94
130	133		shall contain information required by regulations adopted by the office 95
131	134		of the Comptroller in accordance with chapter 54, pursuant to 96
132	135		subsection (h) of this section. The committee shall review such 97
133	136		application and notify the federation of the committee's decision not 98
134	137		later than May fifteenth. If a federation's application is denied, such 99
135	138		federation may appeal the decision of the committee in accordance 100
136	139		with the procedures set forth in such regulations adopted by the office 101
137	140		of the Comptroller. 102
138	141		(2) On or before January fifteenth, each federation which 103
139	142		participated in the most recently completed State Employee Campaign 104
140	143		and wishes to participate in the next State Employee Campaign shall 105
141	144		submit to the State Employee Campaign Committee a letter of intent to 106
142	145		participate in the next State Employee Campaign. On or before April 107
143	146		fifteenth, each such federation shall apply to the State Employee 108
144	147		Campaign Committee for approval to participate in the next State 109
145	148		Employee Campaign. Such application shall contain information 110
146	149		required by regulations adopted by the office of the Comptroller in 111
147		-	accordance with chapter 54, pursuant to subsection (h) of this section. 112
	150	+	accordance with chapter 54, pursuant to subsection (h) of this section. 112 Raised Bill No. 1040
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148	156		The committee shall review such application and notify the federation 113
149	157		of the committee's decision not later than May fifteenth. If a 114
150	158		federation's application is denied, such federation may appeal the 115
151	159		decision of the committee in accordance with the procedures set forth 116
152		-	in such regulations adopted by the office of the Comptroller.] 117 Substitute Bill No. 1040
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	160	+	in such regulations adopted by the office of the Comptroller.] 117
159	161		(d) In order to be included in the State Employee Campaign, a 118
160	162		charitable organization shall (1) have a written policy of 119
161	163		nondiscrimination and be in compliance with all requirements of law 120
162	164		regarding nondiscrimination, equal employment opportunity and 121
163	165		public accommodation with respect to its programs, clients, officers, 122
164	166		employees and volunteers; (2) use the funds contributed to the State 123
165	167		Employee Campaign by state employees for their stated purpose 124
166	168		within the state and not use more than fifteen per cent of such funds 125
167	169		for the charitable organization's administrative costs; (3) be exempt 126
168	170		from taxation pursuant to Section 501(c)(3) of the Internal Revenue 127
169	171		Code of 1986, or any subsequent corresponding internal revenue code 128
170	172		of the United States, as amended from time to time; and (4) 129
171	173		demonstrate that its programs are located within and serve the state, 130
172	174		as evidenced by the presence in the state of at least one staffed facility 131
173	175		at which goods or services may be obtained. 132
174	176		(e) The Comptroller, upon written request of any state officer or 133
175	177		employee, shall deduct, each pay period, from the salary or wages of 134
176	178		such officer or employee the amount of money designated by such 135
177	179		officer or employee for payment to the [participating federation or 136
178	180		federations] charitable organization indicated by the officer or 137
179	181		employee. Upon collecting such deductions, the Comptroller shall 138
180	182		transmit them to the principal combined fund-raising organization 139
181	183		selected pursuant to subdivision (3) of subsection (c) of this section, 140
182	184		together with a list of officers and employees contributing to each 141
183	185		[federation or such federation's member agencies] charitable 142
184	186		organization, provided the identity of any officer or employee who has 143
185	187		communicated in writing that such employee or officer desires to 144
186	188		remain anonymous shall not be so transmitted. Such principal 145
187		-	combined fund-raising organization shall, each month after receiving 146
	189	+	combined fund-raising organization shall, each month after receiving 146 Raised Bill No. 1040
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188	195		funds from the Comptroller, distribute the funds among the other 147
189	196		[federations for further distribution to the member agencies of the 148
190	197		federations] charitable organizations. 149
191		-	(f) Prior to the annual commencement of the State Employee 150 Substitute Bill No. 1040
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	198	+	(f) Prior to the annual commencement of the State Employee 150
198	199		Campaign, the principal combined fund-raising organization shall 151
199	200		submit for the approval of the State Employee Campaign Committee 152
200	201		an itemized budget of anticipated administrative expenses, which 153
201	202		budget shall not include campaign expenses. Following the annual 154
202	203		conclusion of the State Employee Campaign, the principal combined 155
203	204		fund-raising organization shall recover an amount not to exceed one 156
204	205		hundred ten per cent of its preapproved actual administrative 157
205	206		expenses from the gross payroll deduction receipts of the campaign in 158
206	207		accordance with procedures set forth in regulations adopted by the 159
207	208		[office of the Comptroller] State Employee Campaign Committee, 160
208	209		pursuant to subsection (h) of this section. Undesignated funds raised 161
209	210		through the campaign shall be distributed among the participating 162
210	211		[federations] charitable organization in proportion to the amount of 163
211	212		funds designated for each [federation] charitable organization. 164
212	213		(g) Not later than March first annually, the principal combined 165
213	214		fund-raising organization shall submit to the Auditors of Public 166
214	215		Accounts for audit a financial report of such principal combined fund-167
215	216		raising organization's activities relating to the State Employee 168
216	217		Campaign payroll deductions made during the previous calendar 169
217	218		year. The principal combined fund-raising organization shall submit a 170
218	219		copy of such financial report to the office of the Comptroller. 171
219	220		(h) The [Comptroller] State Employee Campaign Committee shall 172
220	221		[(1)] adopt regulations in accordance with the provisions of chapter 54 173
221	222		to carry out the purposes of this section. [, (2) exercise general 174
222	223		supervision over all operations of the State Employee Campaign and 175
223	224		take any steps necessary to ensure achievement of campaign 176
224	225		objectives, and (3) have the authority, for purposes of compliance with 177
225	226		this section and any regulations adopted pursuant to this section, to 178
226		-	audit, investigate and report on the administration of the State 179
	227	+	audit, investigate and report on the administration of the State 179 Raised Bill No. 1040
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227	233		Employee Campaign, the principal combined fund -raising 180
228	234		organization that administers the campaign and any federation or 181
229	235		federation member organization that participates in the campaign.] 182
230		-	(i) Not later than July 1, 2016, and not later than April first annually 183 Substitute Bill No. 1040
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	236	+	(i) Not later than July 1, 2016, and not later than April first annually 183
237	237		thereafter, the State Employee Campaign Committee shall conduct a 184
238	238		comprehensive review of the State Employee Campaign and submit to 185
239	239		the Governor, the Comptroller and the General Assembly, in 186
240	240		accordance with section 11-4a, a report on the results of the most 187
241	241		recently completed State Employee Campaign and recommendations 188
242	242		for improvements in the next State Employee Campaign. 189
243	243		This act shall take effect as follows and shall amend the following
244	244		sections:
245	245
246		-	Section 1 ~~from passage~~ 5-262
	246	+	Section 1 October 1, 2019 5-262
247	247
248		-	Statement of Legislative Commissioners:
249		-	In Section 1(b), "appointed" was added before "members" for accuracy.
250		-
251		-	GAE Joint Favorable Subst.
	248	+	Statement of Purpose:
	249	+	To modify the functions of and appointments to the State Employee
	250	+	Campaign Committee, remove references to federations and impose
	251	+	additional requirements on participating charitable organizations.
	252	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	253	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	254	+	not underlined.]
252	255