LCO No. 1724 1 of 10 General Assembly Raised Bill No. 5259 February Session, 2020 LCO No. 1724 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 Subdivision (1) of subsection (b) of section 2-111 of the 2020 1 supplement to the general statutes is repealed and the following is 2 substituted in lieu thereof (Effective from passage): 3 (1) Four members of the General Assembly, one of whom shall be 4 appointed by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 Section 2-129 of the 2020 supplement to the general statutes is 10 repealed and the following is substituted in lieu thereof (Effective from 11 passage): 12 Raised Bill No. 5259 LCO No. 1724 2 of 10 (a) Wherever the [terms] term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act 17-2 26 of the June special session, section 20 of public act 18-182 and section 283 27 of public act 19-117, is repealed and the following is substituted in lieu 28 thereof (Effective July 1, 2022): 29 As used in sections 4-6, 4-7 and 4-8, the term "department head" 30 means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 LCO No. 1724 3 of 10 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 LCO No. 1724 4 of 10 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 LCO No. 1724 5 of 10 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 LCO No. 1724 6 of 10 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 LCO No. 1724 7 of 10 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 LCO No. 1724 8 of 10 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 LCO No. 1724 9 of 10 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 LCO No. 1724 10 of 10 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.]