Connecticut 2020 Regular Session

Connecticut House Bill HB05259 Latest Draft

Bill / Introduced Version Filed 02/20/2020

                                
 
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General Assembly  Raised Bill No. 5259  
February Session, 2020  
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Referred to Committee on GOVERNMENT ADMINISTRATION 
AND ELECTIONS  
 
 
Introduced by:  
(GAE)  
 
 
 
 
AN ACT CONCERNING TH E LEGISLATIVE COMMISSIONERS' 
RECOMMENDATIONS FOR TECHNICAL REVISIONS TO THE 
GOVERNMENT ADMINISTR ATION AND ELECTIONS STATUTES. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Subdivision (1) of subsection (b) of section 2-111 of the 2020 1 
supplement to the general statutes is repealed and the following is 2 
substituted in lieu thereof (Effective from passage): 3 
(1) Four members of the General Assembly, one of whom shall be 4 
appointed by the speaker of the House of Representatives, one of whom 5 
shall be appointed by the president pro tempore of the Senate, one of 6 
whom shall be appointed by the minority leader of the House of 7 
Representatives, and one of [who] whom shall be appointed by the 8 
minority leader of the Senate; 9 
Sec. 2. Section 2-129 of the 2020 supplement to the general statutes is 10 
repealed and the following is substituted in lieu thereof (Effective from 11 
passage): 12  Raised Bill No.  5259 
 
 
 
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(a) Wherever the [terms] term "Commission on Women, Children 13 
and Seniors" [are] is used in any public or special act of the 2019 regular 14 
session, the term "Commission on Women, Children, Seniors, Equity 15 
and Opportunity" shall be substituted in lieu thereof. Wherever the 16 
[terms] term "Commission on Equity and Opportunity" [are] is used in 17 
any public or special act of the 2019 regular session, the term 18 
"Commission on Women, Children, Seniors, Equity and Opportunity" 19 
shall be substituted in lieu thereof.  20 
(b) The Legislative Commissioners' Office shall, in codifying the 21 
provisions of this section, make such technical, grammatical and 22 
punctuation changes as are necessary to carry out the purposes of this 23 
section.  24 
Sec. 3. Section 4-5 of the 2020 supplement to the general statutes, as 25 
amended by section 6 of public act 17-237, section 279 of public act 17-2 26 
of the June special session, section 20 of public act 18-182 and section 283 27 
of public act 19-117, is repealed and the following is substituted in lieu 28 
thereof (Effective July 1, 2022): 29 
As used in sections 4-6, 4-7 and 4-8, the term "department head" 30 
means Secretary of the Office of Policy and Management, Commissioner 31 
of Administrative Services, Commissioner of Revenue Services, 32 
Banking Commissioner, Commissioner of Children and Families, 33 
Commissioner of Consumer Protection, Commissioner of Correction, 34 
Commissioner of Economic and Community Development, State Board 35 
of Education, Commissioner of Emergency Services and Public 36 
Protection, Commissioner of Energy and Environmental Protection, 37 
Commissioner of Agriculture, Commissioner of Public Health, 38 
Insurance Commissioner, Labor Commissioner, Commissioner of 39 
Mental Health and Addiction Services, Commissioner of Social Services, 40 
Commissioner of Developmental Services, Commissioner of Motor 41 
Vehicles, Commissioner of Transportation, Commissioner of Veterans 42 
Affairs, Commissioner of Housing, Commissioner of [Rehabilitation] 43 
Aging and Disability Services, [the] Commissioner of Early Childhood, 44 
[the] executive director of the Office of Military Affairs, executive 45  Raised Bill No.  5259 
 
 
 
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director of the Office of Health and Strategy and [the] executive director 46 
of the Technical Education and Career System. As used in sections 4-6 47 
and 4-7, "department head" also means the Commissioner of Education.  48 
Sec. 4. Section 4-38c of the 2020 supplement to the general statutes, as 49 
amended by section 7 of public act 17-237, section 287 of public act 17-2 50 
of the June special session and section 21 of public act 18-182, is repealed 51 
and the following is substituted in lieu thereof (Effective July 1, 2020): 52 
There shall be within the executive branch of state government the 53 
following departments: Office of Policy and Management, Department 54 
of Administrative Services, Department of Aging and Disability 55 
Services, Department of Revenue Services, Department of Banking, 56 
Department of Agriculture, Department of Children and Families, 57 
Department of Consumer Protection, Department of Correction, 58 
Department of Economic and Community Development, State Board of 59 
Education, Department of Emergency Services and Public Protection, 60 
Department of Energy and Environmental Protection, Department of 61 
Public Health, Board of Regents for Higher Education, Insurance 62 
Department, Labor Department, Department of Mental Health and 63 
Addiction Services, Department of Developmental Services, 64 
Department of Social Services, [Department of Rehabilitation Services,] 65 
Department of Transportation, Department of Motor Vehicles, 66 
Department of Veterans Affairs and the Technical Education and Career 67 
System. 68 
Sec. 5. Section 4-38c of the 2020 supplement to the general statutes, as 69 
amended by section 7 of public act 17-237, section 287 of public act 17-2 70 
of the June special session, section 21 of public act 18-182 and section 284 71 
of public act 19-117, is repealed and the following is substituted in lieu 72 
thereof (Effective July 1, 2022): 73 
There shall be within the executive branch of state government the 74 
following departments: Office of Policy and Management, Department 75 
of Administrative Services, Department of Revenue Services, 76 
Department of Banking, Department of Agriculture, Department of 77  Raised Bill No.  5259 
 
 
 
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Children and Families, Department of Consumer Protection, 78 
Department of Correction, Department of Economic and Community 79 
Development, State Board of Education, Department of Emergency 80 
Services and Public Protection, Department of Energy and 81 
Environmental Protection, Department of Public Health, Board of 82 
Regents for Higher Education, Insurance Department, Labor 83 
Department, Department of Mental Health and Addiction Services, 84 
Department of Developmental Services, Department of Social Services, 85 
Department of Aging and Disability Services, Department of 86 
Transportation, Department of Motor Vehicles, Department of Veterans 87 
Affairs and the Technical Education and Career System.  88 
Sec. 6. Section 4-67o of the 2020 supplement to the general statutes is 89 
repealed and the following is substituted in lieu thereof (Effective from 90 
passage): 91 
As used in this section [,] and sections 2-79e, [and] 4-67p and 4-67z: 92 
(1) "Data" means the final version of statistical or factual information 93 
that: (A) Is reflected in a list, table, graph, chart or other non-narrative 94 
form that can be digitally or nondigitally transmitted or processed; (B) 95 
is regularly created or maintained by, or on behalf of, an executive 96 
branch agency; and (C) records a measurement, transaction or 97 
determination related to the mission of the agency or is provided to the 98 
agency by third parties pursuant to law. 99 
(2) "Executive branch agency" means any agency listed in section 4-100 
38c, as amended by this act, except the Board of Regents for Higher 101 
Education. 102 
(3) "High value data" means any data that the department head 103 
determines (A) is critical to the operation of an executive branch agency; 104 
(B) can increase executive branch agency accountability and 105 
responsiveness; (C) can improve public knowledge of the executive 106 
branch agency and its operations; (D) can further the core mission of the 107 
executive branch agency; (E) can create economic opportunity; (F) is 108 
frequently requested by the public; (G) responds to a need and demand 109  Raised Bill No.  5259 
 
 
 
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as identified by the agency through public consultation; or (H) is used 110 
to satisfy any legislative or other reporting requirements. 111 
(4) "Open data" means any data that (A) is freely available in 112 
convenient and modifiable format and can be retrieved, downloaded, 113 
indexed and searched; (B) is formatted in a manner that allows for 114 
automated machine processing; (C) does not have restrictions 115 
governing use; (D) is published with the finest possible level of detail 116 
that is practicable and permitted by law; and (E) is described in enough 117 
detail so users of the data have sufficient information to understand (i) 118 
the strengths, weaknesses, analytical limitations and security 119 
requirements of the data, and (ii) how to process such data. 120 
(5) "Public data" means any data collected by an executive branch 121 
agency that is permitted to be made available to the public, consistent 122 
with any and all applicable laws, rules, regulations, ordinances, 123 
resolutions, policies or other restrictions, requirements or rights 124 
associated with the data, including, but not limited to, contractual or 125 
other legal restrictions, orders or requirements. 126 
(6) "Protected data" means any data the public disclosure of which 127 
would (A) violate federal or state laws or regulations; (B) endanger the 128 
public health, safety or welfare; (C) hinder the operation of the federal, 129 
state or municipal government, including criminal and civil 130 
investigations; or (D) impose an undue financial, operational or 131 
administrative burden on the executive branch agency. "Protected data" 132 
includes any records not required to be disclosed pursuant to subsection 133 
(b) of section 1-210.  134 
Sec. 7. Subsection (a) of section 4-67x of the 2020 supplement to the 135 
general statutes is repealed and the following is substituted in lieu 136 
thereof (Effective from passage): 137 
(a) There shall be a Child Poverty and Prevention Council consisting 138 
of the following members or their designees: The Secretary of the Office 139 
of Policy and Management, the president pro tempore of the Senate, the 140 
speaker of the House of Representatives, the minority leader of the 141  Raised Bill No.  5259 
 
 
 
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Senate and the minority leader of the House of Representatives, the 142 
Commissioners of Children and Families, Social Services, Correction, 143 
Developmental Services, Mental Health and Addiction Services, 144 
Transportation, Public Health, Education, Housing, Agriculture and 145 
Economic and Community Development, the Labor Commissioner, the 146 
Chief Court Administrator, the chairperson of the Board of Regents for 147 
Higher Education, the Child Advocate [,] and the executive directors of 148 
the Office of Early Childhood, [and] the Commission on Human Rights 149 
and Opportunities and the [executive director of the] Commission on 150 
Women, Children, Seniors, Equity and Opportunity. [or a designee.] 151 
The Secretary of the Office of Policy and Management, or the secretary's 152 
designee, shall be the chairperson of the council. The council shall (1) 153 
develop and promote the implementation of a ten-year plan, to begin 154 
June 8, 2004, to reduce the number of children living in poverty in the 155 
state by fifty per cent, and (2) within available appropriations, establish 156 
prevention goals and recommendations and measure prevention 157 
service outcomes in accordance with this section in order to promote the 158 
health and well-being of children and families. 159 
Sec. 8. Section 4a-60j of the 2020 supplement to the general statutes is 160 
repealed and the following is substituted in lieu thereof (Effective from 161 
passage): 162 
A small contractor shall receive payment on a contract awarded to 163 
him or her under the provisions of sections 4a-60g to 4a-60i, inclusive, 164 
no later than twenty-five days [from] after the due date of any such 165 
payment on such contract.  166 
Sec. 9. Subsection (f) of section 5-263b of the 2020 supplement to the 167 
general statutes is repealed and the following is substituted in lieu 168 
thereof (Effective from passage): 169 
(f) Any suggestion that involves the following shall not be eligible for 170 
an award under this section: (1) Deferred maintenance or replacement 171 
of essential equipment and supplies; (2) individual employee 172 
compensation or position classification; (3) personal grievances or 173  Raised Bill No.  5259 
 
 
 
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complaints; (4) suggestions that require a change to, or that conflict with, 174 
federal or state law; (5) suggestions already submitted by another 175 
employee; (6) matters resulting from an agency audit, study, survey, 176 
review or research; (7) suggestions that involve correcting a condition 177 
that exists because established procedures are not being followed; (8) 178 
suggestions that constitute opinions only, and which cannot be 179 
supported by demonstrating a better idea, and the need for same; (9) 180 
suggestions concerning any matter subject to collective bargaining; (10) 181 
suggestions circumventing competitive procurement procedures 182 
provided by state law or policy; (11) suggestions which recommend or 183 
require formal studies, surveys, investigation or similar research 184 
activity to establish the benefits of a suggestion referred to; (12) 185 
suggestions which are hypothetical, vague, based on inconclusive 186 
justification or deal with generalities; (13) suggestions concerning the 187 
structure of lottery games conducted by the Connecticut Lottery 188 
Corporation, including, but not limited to, game design, prize patterns, 189 
draw dates and draw frequency; (14) any suggestion made by the 190 
agency suggestion coordinator or agency or department head; (15) 191 
suggestions concerning a practice that is an alleged gross waste of funds 192 
that the suggesting employee participated in committing; and (16) any 193 
suggestion resulting in less than ten thousand dollars in estimated 194 
savings to the agency. 195 
Sec. 10. Subsection (a) of section 9-368c of the general statutes is 196 
repealed and the following is substituted in lieu thereof (Effective from 197 
passage): 198 
(a) No person shall intentionally misrepresent the contents of a 199 
petition circulated under this title. [9.] 200 
Sec. 11. Subdivision (9) of subsection (c) of section 17b-28 of the 2020 201 
supplement to the general statutes is repealed and the following is 202 
substituted in lieu thereof (Effective from passage): 203 
(9) A member of the Commission on Women, Children, Seniors, 204 
Equity and Opportunity, designated by the executive director of said 205  Raised Bill No.  5259 
 
 
 
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commission;  206 
Sec. 12. Subdivision (1) of subsection (a) of section 21a-7 of the general 207 
statutes is repealed and the following is substituted in lieu thereof 208 
(Effective from passage): 209 
(1) Each board or commission shall exercise its statutory functions, 210 
including licensing, certification, registration, accreditation of schools 211 
and the rendering of findings, orders and adjudications. With the 212 
exception of the Liquor Control Commission, any exercise of such 213 
functions by such a board or commission that is adverse to a party shall 214 
be a proposed final decision and subject to approval, modification or 215 
rejection by the commissioner. 216 
Sec. 13. Subsection (b) of section 21a-7 of the general statutes is 217 
repealed and the following is substituted in lieu thereof (Effective from 218 
passage): 219 
(b) With the exception of the Liquor Control Commission, each board 220 
or commission within the Department of Consumer Protection under 221 
section 21a-6 that makes a proposed final decision that is adverse to a 222 
party as described in subdivision (1) of subsection (a) of this section, 223 
shall submit such proposed final decision to the Commissioner of 224 
Consumer Protection. Not later than thirty calendar days after receipt of 225 
any such proposed final decision, the Commissioner of Consumer 226 
Protection shall notify such board or commission that the commissioner 227 
shall render the final decision concerning such matter. Not later than 228 
thirty days after receipt of any such proposed final decision, the 229 
commissioner shall approve, modify or reject the proposed final 230 
decision or remand the proposed final decision for further review or for 231 
the taking of additional evidence. The commissioner shall notify the 232 
board or commission in writing of the commissioner's decision and 233 
include in such notification the rationale for such decision. The decision 234 
of the commissioner shall be the final decision in accordance with 235 
section 4-180 for purposes of reconsideration in accordance with section 236 
4-181a or appeal to the Superior Court in accordance with section 4-183.  237  Raised Bill No.  5259 
 
 
 
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Sec. 14. Subsection (b) of section 32-58b of the general statutes is 238 
repealed and the following is substituted in lieu thereof (Effective from 239 
passage): 240 
(b) The Governor, in consultation with the Commissioner of 241 
Economic and Community Development, shall appoint an executive 242 
director, in accordance with the provisions of sections 4-5 to 4-8, 243 
inclusive, as amended by this act, to manage the daily activities and 244 
duties of the Office of Military Affairs. The executive director shall have 245 
the necessary qualifications to perform the duties of said office, 246 
including, but not limited to, having prior military experience, and 247 
having attained the rank of a field grade or senior officer within a branch 248 
of the armed forces. The Governor shall give preference to any person 249 
with the necessary training and experience who has served in the Navy 250 
or who has knowledge or prior experience with the federal Base 251 
Realignment and Closure or "BRAC" process. Within available 252 
appropriations, the executive director shall: (1) Appoint, employ and 253 
remove such assistants, employees and personnel as deemed necessary 254 
for the efficient and effective administration of the activities of the office; 255 
(2) coordinate state and local efforts to prevent the closure or 256 
downsizing of Connecticut military facilities, particularly United States 257 
Naval Submarine Base-New London, located in Groton; (3) maximize 258 
the state's input into the federal Base Realignment and Closure or 259 
"BRAC" process, including, but not limited to, (A) acting as liaison to the 260 
state's congressional delegation on defense, military and BRAC issues, 261 
and (B) coordinating the activities of consultants hired by the state to 262 
assist in monitoring activities related to BRAC; (4) encourage the 263 
relocation of military missions to the state; (5) coordinate state and local 264 
efforts to enhance the quality of life of all branches of military personnel 265 
stationed in or deploying from Connecticut and their families living or 266 
working in Connecticut; (6) review and make recommendations for 267 
state policies that affect Connecticut's military facilities and defense and 268 
homeland security industries; (7) coordinate state, regional and local 269 
efforts to encourage the growth of Connecticut's defense and homeland 270 
security industry; (8) serve as an advocate for service members and their 271  Raised Bill No.  5259 
 
 
 
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families to other state agencies; (9) initiate and sustain collaborative 272 
partnerships with local military commanders; (10) consult with the 273 
Department of Economic and Community Development on proposed 274 
financial assistance agreements with defense and homeland security 275 
firms; and (11) prepare and submit a report of activities, findings and 276 
recommendations annually to the Governor and the joint standing 277 
committees of the General Assembly having cognizance of matters 278 
relating to commerce and public safety, in accordance with the 279 
provisions of section 11-4a.  280 
Sec. 15. Section 46a-131 of the general statutes is repealed. (Effective 281 
from passage) 282 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 from passage 2-111(b)(1) 
Sec. 2 from passage 2-129 
Sec. 3 July 1, 2022 4-5 
Sec. 4 July 1, 2020 4-38c 
Sec. 5 July 1, 2022 4-38c 
Sec. 6 from passage 4-67o 
Sec. 7 from passage 4-67x(a) 
Sec. 8 from passage 4a-60j 
Sec. 9 from passage 5-263b(f) 
Sec. 10 from passage 9-368c(a) 
Sec. 11 from passage 17b-28(c)(9) 
Sec. 12 from passage 21a-7(a)(1) 
Sec. 13 from passage 21a-7(b) 
Sec. 14 from passage 32-58b(b) 
Sec. 15 from passage Repealer section 
 
Statement of Purpose:   
To make technical revisions to the statutes concerning government 
administration and elections. 
[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.]