Connecticut 2020 Regular Session

Connecticut Senate Bill SB00489 Compare Versions

Only one version of the bill is available at this time.

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4	4	LCO No. 2792 1 of 18
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6	6	General Assembly Raised Bill No. 489
7	7	February Session, 2020
8	8	LCO No. 2792
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10	10
11	11	Referred to Committee on GOVERNMENT ADMINISTRATION
12	12	AND ELECTIONS
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14	14
15	15	Introduced by:
16	16	(GAE)
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21	21	AN ACT CONCERNING QU ASI-PUBLIC AGENCY TRANSPARENCY.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. (NEW) (Effective October 1, 2020, and applicable to contracts 1
26	26	entered into or renewed on or after said date) (a) For the purposes of this 2
27	27	section, (1) "quasi-public agency" has the same meaning as provided in 3
28	28	section 1-120 of the general statutes, and (2) "separation agreement" 4
29	29	means an agreement to pay less than fifty thousand dollars to an 5
30	30	employee who resigns or retires from employment with a quasi-public 6
31	31	agency (A) for the purposes of avoiding costs associated with potential 7
32	32	litigation related to such employment, or (B) pursuant to a 8
33	33	nondisparagement agreement. 9
34	34	(b) On and after October 1, 2020, each quasi-public agency shall 10
35	35	submit a copy of all (1) separation agreements, and (2) contracts with an 11
36	36	annual cost of over one million dollars or a duration of five years or 12
37	37	greater, to the Attorney General for review and comment prior to 13
38	38	entering into or renewing any such agreement or contract. As used in 14
39	39	this subsection, "contract" means any employment contract or 15 Raised Bill No. 489
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43	43	LCO No. 2792 2 of 18
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45	45	consulting contract that a quasi-public agency intends to enter into or 16
46	46	renew. 17
47	47	(c) On and after October 1, 2020, any quasi-public agency that intends 18
48	48	to enter into or renew a contract with a value of more than one million 19
49	49	dollars shall provide notice and an opportunity for public comment on 20
50	50	such contract at least two weeks prior to entering into or renewing such 21
51	51	contract. As used in this subsection, "contract" means a construction 22
52	52	contract or consulting contract, but excludes an employment contract. 23
53	53	Sec. 2. (NEW) (Effective July 1, 2020) (a) For the purposes of this 24
54	54	section, "quasi-public agency" and "procedure" have the same meanings 25
55	55	as provided in section 1-120 of the general statutes. 26
56	56	(b) The Commissioner of Administrative Services shall examine 27
57	57	operating procedures and practices of existing quasi-public agencies. 28
58	58	Not later than January 1, 2021, the Commissioner of Administrative 29
59	59	Services shall develop and publish on the Department of Administrative 30
60	60	Services' Internet web site model rules of procedure regarding 31
61	61	governance, organization and procurement that are based on the best 32
62	62	practices of existing quasi-public agencies and which may be adopted 33
63	63	by quasi-public agencies. Such model rules shall include, but need not 34
64	64	be limited to, rules concerning: (1) Adopting an annual budget and plan 35
65	65	of operations; (2) hiring, dismissing, promoting and compensating 36
66	66	employees of the quasi-public agency; (3) adopting an affirmative action 37
67	67	policy; (4) acquiring personal property and personal services; (5) 38
68	68	contracting for financial, legal and other professional services; (6) 39
69	69	issuing bonds for the purpose of refunding or refinancing existing debt 40
70	70	of the quasi-public agency as required by the terms of such existing debt 41
71	71	and retiring bonds, bond anticipation notes and other obligations of the 42
72	72	quasi-public agency; and (7) using funds from state and other grants. 43
73	73	The commissioner shall update such model rules as necessary. 44
74	74	Sec. 3. (NEW) (Effective July 1, 2020) Any quasi-public agency, as 45
75	75	defined in section 1-120 of the general statutes, established on or after 46
76	76	July 1, 2020, shall (1) adopt rules of procedure, as defined in section 1-47 Raised Bill No. 489
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82	82	120 of the general statutes, setting forth its organization and governance, 48
83	83	(2) create a written chart setting forth the hierarchy of supervisory and 49
84	84	nonsupervisory staff and other members of the quasi-public agency, (3) 50
85	85	establish a budget, and (4) establish an accounting methodology using 51
86	86	software that incorporates commonly accepted accounting standards. 52
87	87	Not later than six months after a quasi-public agency is established, the 53
88	88	quasi-public agency shall submit a status report summarizing the quasi-54
89	89	public agency's progress on complying with the provisions of this 55
90	90	section, in accordance with the provisions of section 11-4a of the general 56
91	91	statutes, to the joint standing committees of the General Assembly 57
92	92	having cognizance of matters relating to such quasi-public agency and 58
93	93	government administration. 59
94	94	Sec. 4. (NEW) (Effective October 1, 2020) (a) For the purposes of this 60
95	95	section, "quasi-public agency" has the same meaning as provided in 61
96	96	section 1-120 of the general statutes and "appointing authority" means 62
97	97	the person or body authorized to make an appointment pursuant to a 63
98	98	provision of the general statutes. 64
99	99	(b) Notwithstanding any provision of the general statutes, if a 65
100	100	vacancy occurs on the board of a quasi-public agency and (1) the board 66
101	101	has notified the appointing authority of such vacancy at least three 67
102	102	months after the occurrence of such vacancy, and (2) the appointment 68
103	103	remains unfilled by the appointing authority for a period greater than 69
104	104	six months after receipt of such notice, a quorum of the membership of 70
105	105	such board may fill such vacancy by voting to appoint a person who 71
106	106	satisfies the qualifications set forth in the authorizing statute to fill such 72
107	107	vacancy for the remainder of the term. Any subsequent appointment 73
108	108	shall be filled in the manner set forth in the authorizing statute, unless 74
109	109	the provisions of this section are applicable. 75
110	110	Sec. 5. (NEW) (Effective October 1, 2020) Any quasi-public agency, as 76
111	111	defined in section 1-120 of the general statutes, that receives notice that 77
112	112	it is the subject of a state or federal regulatory or criminal investigation 78
113	113	or that receives a subpoena relating to a criminal matter shall notify the 79
114	114	joint standing committee of the General Assembly having cognizance of 80 Raised Bill No. 489
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120	120	matters relating to such quasi-public agency, or if none, the joint 81
121	121	standing committee of the General Assembly having cognizance of 82
122	122	matters relating to government administration, not later than fifteen 83
123	123	days after receiving such notice or subpoena. Such notification may be 84
124	124	in electronic form. 85
125	125	Sec. 6. Section 1-123 of the general statutes is repealed and the 86
126	126	following is substituted in lieu thereof (Effective July 1, 2020): 87
127	127	(a) The board of directors of each quasi-public agency shall annually 88
128	128	submit a report to the Governor and the Auditors of Public Accounts. 89
129	129	Such report shall include, but need not be limited to, the following: (1) 90
130	130	A list of all bond issues for the preceding fiscal year, including, for each 91
131	131	such issue, the financial advisor and underwriters, whether the issue 92
132	132	was competitive, negotiated or privately placed, and the issue's face 93
133	133	value and net proceeds; (2) a list of all projects other than those 94
134	134	pertaining to owner-occupied housing or student loans receiving 95
135	135	financial assistance during the preceding fiscal year, including each 96
136	136	project's purpose, location, and the amount of funds provided by the 97
137	137	agency; (3) a list of all outside individuals and firms receiving in excess 98
138	138	of five thousand dollars in the form of loans, grants or payments for 99
139	139	services, except for individuals receiving loans for owner-occupied 100
140	140	housing and education; (4) a complete set of financial statements; (5) the 101
141	141	cumulative value of all bonds issued, the value of outstanding bonds, 102
142	142	and the amount of the state's contingent liability; (6) the affirmative 103
143	143	action policy statement, a description of the composition of the agency's 104
144	144	work force by race, sex, and occupation and a description of the agency's 105
145	145	affirmative action efforts; and (7) a description of planned activities for 106
146	146	the current fiscal year. 107
147	147	(b) For the quarter commencing July 1, 2010, and for each quarter 108
148	148	thereafter, the board of directors of each quasi-public agency shall 109
149	149	submit a report to the Office of Fiscal Analysis. Such report shall 110
150	150	include, but not be limited to, for each fund and account of the agency: 111
151	151	(1) The beginning fiscal year balance; (2) all funds expended and all 112
152	152	revenue collected by the end of the quarter; and (3) total expenditures 113 Raised Bill No. 489
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158	158	and revenues estimated at the end of the fiscal year. For the purposes of 114
159	159	this subsection, "expenditures" and "revenues" have the same meaning 115
160	160	as provided in section 4-69. 116
161	161	(c) For the quarter commencing July 1, 2010, and for each quarter 117
162	162	thereafter, the board of directors of each quasi-public agency shall 118
163	163	submit a personnel status report to the Office of Fiscal Analysis. Such 119
164	164	report shall include, but not be limited to: (1) The total number of 120
165	165	employees by the end of the quarter; (2) the positions vacated and the 121
166	166	positions filled by the end of the quarter; and (3) the positions estimated 122
167	167	to be vacant and the positions estimated to be filled at the end of the 123
168	168	fiscal year. 124
169	169	(d) (1) On or before January 15, 2021, and annually thereafter, the 125
170	170	board of directors of each quasi-public agency shall submit a report, in 126
171	171	accordance with the provisions of section 11-4a, on the salaries of all of 127
172	172	its employees to (A) the Comptroller, (B) the Office of Fiscal Analysis, 128
173	173	and (C) the joint standing committee of the General Assembly having 129
174	174	cognizance of matters relating to such quasi-public agency. 130
175	175	(2) Not less than thirty days prior to any action by the board of 131
176	176	directors on a proposed increase in salary for an employee, excluding 132
177	177	any increase due to a promotion, the board of directors of the quasi-133
178	178	public agency shall submit notice of the proposed change in salary to 134
179	179	the joint standing committee of the General Assembly having 135
180	180	cognizance of matters relating to such quasi-public agency, or if none, 136
181	181	to the joint standing committee of the General Assembly having 137
182	182	cognizance of matters relating to appropriations and the budgets of state 138
183	183	agencies. As used in this subdivision, "increase in salary" means an 139
184	184	increase that (A) will result in a salary exceeding two hundred thousand 140
185	185	dollars a year, or (B) is equivalent to an increase of more than five per 141
186	186	cent. 142
187	187	(e) On or before January 15, 2021, and biennially thereafter, the board 143
188	188	of directors of each quasi-public agency shall submit a report to the joint 144
189	189	standing committee of the General Assembly having cognizance of 145 Raised Bill No. 489
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195	195	matters relating to such quasi-public agency, or if none, to the joint 146
196	196	standing committee of the General Assembly having cognizance of 147
197	197	matters relating to government administration, in accordance with the 148
198	198	provisions of section 11-4a. Not later than August 1, 2020, the Secretary 149
199	199	of the Office of Policy and Management shall adopt guidelines 150
200	200	concerning the content and format of such report and shall mail a copy 151
201	201	of such guidelines to each quasi-public agency. Not later than thirty 152
202	202	days after receipt of such report or the commencement of the regular 153
203	203	session of the General Assembly, whichever is later, the joint standing 154
204	204	committee of the General Assembly having cognizance of matters 155
205	205	relating to the quasi-public agency submitting the report, or if none, the 156
206	206	joint standing committee of the General Assembly having cognizance of 157
207	207	matters relating to government administration, shall hold a public 158
208	208	hearing concerning such report. A representative of the quasi-public 159
209	209	agency shall appear at such hearing to answer any questions of the 160
210	210	committee members. 161
211	211	Sec. 7. (NEW) (Effective July 1, 2020) Notwithstanding any provision 162
212	212	of the general statutes, the Secretary of the Office of Policy and 163
213	213	Management, or the secretary's designee, shall be an ex-officio member 164
214	214	of any finance committee formed by a quasi-public agency, as defined 165
215	215	in section 1-120 of the general statutes. Any such finance committee shall 166
216	216	notify the secretary electronically not less than seven days prior to any 167
217	217	scheduled meeting of the committee. 168
218	218	Sec. 8. Subsection (i) of section 1-84 of the general statutes is repealed 169
219	219	and the following is substituted in lieu thereof (Effective October 1, 2020): 170
220	220	(i) (1) No public official or state employee or member of the official 171
221	221	or employee's immediate family or a business with which he is 172
222	222	associated shall enter into any contract with the state, valued at one 173
223	223	hundred dollars or more, other than a contract (A) of employment as a 174
224	224	state employee, (B) with the Technical Education and Career System for 175
225	225	students enrolled in a school in the system to perform services in 176
226	226	conjunction with vocational, technical, technological or postsecondary 177
227	227	education and training any such student is receiving at a school in the 178 Raised Bill No. 489
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233	233	system, subject to the review process under subdivision (2) of this 179
234	234	subsection, (C) with a public institution of higher education to support 180
235	235	a collaboration with such institution to develop and commercialize any 181
236	236	invention or discovery, or (D) pursuant to a court appointment, unless 182
237	237	the contract has been awarded through an open and public process, 183
238	238	including prior public offer and subsequent public disclosure of all 184
239	239	proposals considered and the contract awarded. In no event shall an 185
240	240	executive head of an agency, as defined in section 4-166, including a 186
241	241	commissioner of a department, or an executive head of a quasi-public 187
242	242	agency, as defined in section 1-79, or the executive head's immediate 188
243	243	family or a business with which he is associated enter into any contract 189
244	244	with that agency or quasi-public agency. Nothing in this subsection 190
245	245	shall be construed as applying to any public official who is appointed as 191
246	246	a member of the executive branch [or as a member or director of a quasi-192
247	247	public agency] and who receives no compensation other than per diem 193
248	248	payments or reimbursement for actual or necessary expenses, or both, 194
249	249	incurred in the performance of the public official's duties unless such 195
250	250	public official has authority or control over the subject matter of the 196
251	251	contract. Any contract made in violation of this subsection shall be 197
252	252	voidable by a court of competent jurisdiction if the suit is commenced 198
253	253	not later than one hundred eighty days after the making of the contract. 199
254	254	(2) The superintendent of the Technical Education and Career System 200
255	255	shall establish an open and transparent process to review any contract 201
256	256	entered into under subparagraph (B) of subdivision (1) of this 202
257	257	subsection. 203
258	258	Sec. 9. Subsection (h) of section 2-90 of the general statutes is repealed 204
259	259	and the following is substituted in lieu thereof (Effective October 1, 2020): 205
260	260	(h) Where there are statutory or common law requirements of 206
261	261	confidentiality with regard to such records and accounts or 207
262	262	examinations of nongovernmental entities which are maintained by a 208
263	263	state agency, including, but not limited to, privilege by reason of an 209
264	264	attorney-client relationship, such requirements of confidentiality and 210
265	265	the penalties for the violation thereof shall apply to the auditors and to 211 Raised Bill No. 489
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271	271	their authorized representatives in the same manner and to the same 212
272	272	extent as such requirements of confidentiality and penalties apply to 213
273	273	such state agency. Any disclosure under this subsection of information 214
274	274	that is privileged by reason of an attorney-client relationship shall not 215
275	275	constitute a waiver of the privilege. In addition, the portion of (1) any 216
276	276	audit or report prepared by the Auditors of Public Accounts that 217
277	277	concerns the internal control structure of a state information system or 218
278	278	the identity of an employee who provides information regarding 219
279	279	alleged fraud or weaknesses in the control structure of a state agency 220
280	280	that may lead to fraud, or (2) any document that may reveal the identity 221
281	281	of such employee, shall not be subject to disclosure under the Freedom 222
282	282	of Information Act, as defined in section 1-200. 223
283	283	Sec. 10. Section 52-146r of the general statutes is repealed and the 224
284	284	following is substituted in lieu thereof (Effective October 1, 2020): 225
285	285	(a) As used in this section: 226
286	286	(1) "Authorized representative" means an individual empowered by 227
287	287	a public agency to assert the confidentiality of communications that are 228
288	288	privileged under this section; 229
289	289	(2) "Confidential communications" means all oral and written 230
290	290	communications transmitted in confidence between a public official or 231
291	291	employee of a public agency acting in the performance of his or her 232
292	292	duties or within the scope of his or her employment and a government 233
293	293	attorney relating to legal advice sought by the public agency or a public 234
294	294	official or employee of such public agency from that attorney, and all 235
295	295	records prepared by the government attorney in furtherance of the 236
296	296	rendition of such legal advice; 237
297	297	(3) "Government attorney" means a person admitted to the bar of this 238
298	298	state and employed by a public agency or retained by a public agency 239
299	299	or public official to provide legal advice to the public agency or a public 240
300	300	official or employee of such public agency; and 241
301	301	(4) "Public agency" means "public agency" as defined in section 1-200. 242 Raised Bill No. 489
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307	307	(b) In any civil or criminal case or proceeding or in any legislative or 243
308	308	administrative proceeding, all confidential communications shall be 244
309	309	privileged and a government attorney shall not disclose any such 245
310	310	communications unless an authorized representative of the public 246
311	311	agency consents to waive the privilege and allow such disclosure. In any 247
312	312	legislative proceeding, the disclosure by a government attorney who 248
313	313	represents a quasi-public agency, as defined in section 1-120, of 249
314	314	confidential communications to a joint standing committee of the 250
315	315	General Assembly conducting an investigation under section 2-46 shall 251
316	316	not constitute a waiver of the privilege and such confidential 252
317	317	communications shall not be subject to disclosure under the Freedom of 253
318	318	Information Act, as defined in section 1-200. 254
319	319	Sec. 11. Subsection (b) of section 32-35 of the general statutes is 255
320	320	repealed and the following is substituted in lieu thereof (Effective July 1, 256
321	321	2020): 257
322	322	(b) The corporation shall be governed by a board of seventeen 258
323	323	directors. Nine members shall be appointed by the Governor, six of 259
324	324	whom shall be knowledgeable, and have favorable reputations for skill, 260
325	325	knowledge and experience, in the development of innovative start-up 261
326	326	businesses, including, but not limited to, expertise in academic research, 262
327	327	technology transfer and application, the development of technological 263
328	328	invention and new enterprise development and three of whom shall be 264
329	329	knowledgeable, and have favorable reputations for skill, knowledge 265
330	330	and experience, in the field of financial lending or the development of 266
331	331	commerce, trade and business. Four members shall be the 267
332	332	Commissioner of Economic and Community Development, the 268
333	333	president of the Connecticut State Colleges and Universities, the 269
334	334	Treasurer and the Secretary of the Office of Policy and Management, 270
335	335	who shall serve ex officio and shall have all of the powers and privileges 271
336	336	of a member of the board of directors. Each ex-officio member may 272
337	337	designate his deputy or any member of his staff to represent him at 273
338	338	meetings of the corporation with full power to act and vote in his behalf. 274
339	339	Four members shall be appointed as follows: One by the president pro 275
340	340	tempore of the Senate, one by the minority leader of the Senate, one by 276 Raised Bill No. 489
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346	346	the speaker of the House of Representatives and one by the minority 277
347	347	leader of the House of Representatives. Each member appointed by the 278
348	348	Governor shall serve at the pleasure of the Governor but no longer than 279
349	349	the term of office of the Governor or until the member's successor is 280
350	350	appointed and qualified, whichever is longer. Each member appointed 281
351	351	by a member of the General Assembly shall serve in accordance with 282
352	352	the provisions of section 4-1a. A director shall be eligible for 283
353	353	reappointment. The Governor shall fill any vacancy for the unexpired 284
354	354	term of a member appointed by the Governor. The appropriate 285
355	355	legislative appointing authority shall fill any vacancy for the unexpired 286
356	356	term of a member appointed by such authority. Any appointed member 287
357	357	who fails to attend three consecutive meetings or who fails to attend 288
358	358	fifty per cent of all meetings held during any calendar year shall be 289
359	359	deemed to have resigned from the board. 290
360	360	Sec. 12. Subsection (a) of section 10a-179 of the 2020 supplement to 291
361	361	the general statutes is repealed and the following is substituted in lieu 292
362	362	thereof (Effective July 1, 2020): 293
363	363	(a) There is created a body politic and corporate to be known as the 294
364	364	"State of Connecticut Health and Educational Facilities Authority". Said 295
365	365	authority is constituted a public instrumentality and political 296
366	366	subdivision of the state and the exercise by the authority of the powers 297
367	367	conferred by this chapter shall be deemed and held to be the 298
368	368	performance of an essential public and governmental function. 299
369	369	Notwithstanding the provisions of the general statutes or any public or 300
370	370	special act, the board of directors of said authority shall consist of ten 301
371	371	members, two of whom shall be the Secretary of the Office of Policy and 302
372	372	Management and the State Treasurer, ex officio, and eight of whom shall 303
373	373	be residents of the state appointed by the Governor, not more than four 304
374	374	of such appointed members to be members of the same political party. 305
375	375	Three of the appointed members shall be current or retired trustees, 306
376	376	directors, officers or employees of institutions for higher education, two 307
377	377	of the appointed members shall be current or retired trustees, directors, 308
378	378	officers or employees of health care institutions and one of such 309
379	379	appointed members shall be a person having a favorable reputation for 310 Raised Bill No. 489
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385	385	skill, knowledge and experience in state and municipal finance, either 311
386	386	as a member of the financial business industry or as an officer or 312
387	387	employee of an insurance company or bank whose duties relate to the 313
388	388	purchase of state and municipal securities as an investment and to the 314
389	389	management and control of a state and municipal securities portfolio. 315
390	390	On or before the first day of July, annually, the Governor shall appoint 316
391	391	a member or members to succeed those whose terms expire, each for a 317
392	392	term of five years and until a successor is appointed and has qualified. 318
393	393	The Governor shall fill any vacancy for the unexpired term. A member 319
394	394	of the board shall be eligible for reappointment. Any member of the 320
395	395	board may be removed by the Governor for misfeasance, malfeasance 321
396	396	or wilful neglect of duty. Each member of the board shall take and 322
397	397	subscribe the oath or affirmation required by article XI, section 1, of the 323
398	398	State Constitution prior to assuming such office. A record of each such 324
399	399	oath shall be filed in the office of the Secretary of the State. Each ex-325
400	400	officio member may designate a deputy or any member of such 326
401	401	member's staff to represent him or her as a member at meetings of the 327
402	402	board with full power to act and vote in his or her behalf. Any appointed 328
403	403	member who fails to attend three consecutive meetings or who fails to 329
404	404	attend fifty per cent of all meetings held during any calendar year shall 330
405	405	be deemed to have resigned from the board. 331
406	406	Sec. 13. Subsection (b) of section 10a-179a of the general statutes is 332
407	407	repealed and the following is substituted in lieu thereof (Effective July 1, 333
408	408	2020): 334
409	409	(b) The Connecticut Higher Education Supplemental Loan Authority 335
410	410	shall be governed by a board of directors consisting of the following 336
411	411	nine members: (1) The State Treasurer, or the Treasurer's designee, who 337
412	412	shall serve as an ex-officio voting member; (2) the Secretary of the Office 338
413	413	of Policy and Management, or the secretary's designee, who shall serve 339
414	414	as an ex-officio voting member; (3) the president of the Connecticut State 340
415	415	Colleges and Universities, or the president's designee, who shall serve 341
416	416	as an ex-officio voting member; (4) the chairperson of the board of 342
417	417	directors of the Connecticut Health and Educational Facilities 343
418	418	Authority; (5) the executive director of the Connecticut Health and 344 Raised Bill No. 489
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424	424	Educational Facilities Authority; (6) two residents of the state, each of 345
425	425	whom is an active or retired trustee, director, officer or employee of a 346
426	426	Connecticut institution for higher education, appointed by the board of 347
427	427	directors of the Connecticut Health and Educational Facilities 348
428	428	Authority; (7) a resident of this state with a favorable reputation for skill, 349
429	429	knowledge and experience in the higher education loan field, appointed 350
430	430	by the board of directors of the Connecticut Health and Educational 351
431	431	Facilities Authority; and (8) a resident of this state with a favorable 352
432	432	reputation for skill, knowledge and experience in either the higher 353
433	433	education loan field or in state and municipal finance, appointed by the 354
434	434	board of directors of the Connecticut Health and Educational Facilities 355
435	435	Authority. Of the four appointed members, not more than two may be 356
436	436	members of the same political party. One appointed member shall serve 357
437	437	until the earlier of July 1, 2017, or, if such person was a member of the 358
438	438	Connecticut Higher Education Supplemental Loan Authority board on 359
439	439	June 30, 2012, the date on which such member's then current term was 360
440	440	originally scheduled to end. One appointed member shall serve until the 361
441	441	earlier of July 1, 2018, or, if such person was a member of the 362
442	442	Connecticut Higher Education Supplemental Loan Authority board on 363
443	443	June 30, 2012, the date on which such member's then current term was 364
444	444	originally scheduled to end. Except as provided in this subsection and 365
445	445	notwithstanding the original date of expiration of the term of any person 366
446	446	who is an appointed member of the Connecticut Higher Education 367
447	447	Supplemental Loan Authority board on June 30, 2012, the term of all 368
448	448	such persons shall expire on July 1, 2012. The Connecticut Health and 369
449	449	Educational Facilities Authority board shall appoint a member or 370
450	450	members each for a term of six years or until his or her successor is 371
451	451	appointed and has qualified to succeed the members whose terms 372
452	452	expire. Said authority board shall fill any vacancy for the unexpired 373
453	453	term. A member of the Connecticut Higher Education Supplemental 374
454	454	Loan Authority board shall be eligible for reappointment. Any member 375
455	455	of the Connecticut Higher Education Supplemental Loan Authority 376
456	456	board may be removed by the appointing authority for misfeasance, 377
457	457	malfeasance or wilful neglect of duty. Each member of the Connecticut 378
458	458	Higher Education Supplemental Loan Authority board before entering 379 Raised Bill No. 489
459	459
460	460
461	461
462	462	LCO No. 2792 13 of 18
463	463
464	464	upon his or her duties shall take and subscribe the oath or affirmation 380
465	465	required by section 1 of article eleventh of the State Constitution. A 381
466	466	record of each such oath shall be filed in the office of the Secretary of the 382
467	467	State. Any appointed member who fails to attend three consecutive 383
468	468	meetings or who fails to attend fifty per cent of all meetings held during 384
469	469	any calendar year shall be deemed to have resigned from the board. 385
470	470	Sec. 14. Subsection (a) of section 8-244 of the 2020 supplement to the 386
471	471	general statutes is repealed and the following is substituted in lieu 387
472	472	thereof (Effective July 1, 2020): 388
473	473	(a) There is created a body politic and corporate to be known as the 389
474	474	"Connecticut Housing Finance Authority". Said authority is constituted 390
475	475	a public instrumentality and political subdivision of this state and the 391
476	476	exercise by the authority of the powers conferred by this chapter shall 392
477	477	be deemed and held to be the performance of an essential public and 393
478	478	governmental function. The Connecticut Housing Finance Authority 394
479	479	shall not be construed to be a department, institution or agency of the 395
480	480	state. The board of directors of the authority shall consist of sixteen 396
481	481	members as follows: (1) The Commissioner of Economic and 397
482	482	Community Development, the Commissioner of Housing, the Secretary 398
483	483	of the Office of Policy and Management, the Banking Commissioner and 399
484	484	the State Treasurer, ex officio, or their designees, with the right to vote, 400
485	485	(2) seven members to be appointed by the Governor, and (3) four 401
486	486	members appointed as follows: One by the president pro tempore of the 402
487	487	Senate, one by the speaker of the House of Representatives, one by the 403
488	488	minority leader of the Senate and one by the minority leader of the 404
489	489	House of Representatives. The member initially appointed by the 405
490	490	speaker of the House of Representatives shall serve a term of five years; 406
491	491	the member initially appointed by the president pro tempore of the 407
492	492	Senate shall serve a term of four years. The members initially appointed 408
493	493	by the Senate minority leader shall serve a term of three years. The 409
494	494	member initially appointed by the minority leader of the House of 410
495	495	Representatives shall serve a term of two years. Thereafter, each 411
496	496	member appointed by a member of the General Assembly shall serve a 412
497	497	term of five years. The members appointed by the Governor and the 413 Raised Bill No. 489
498	498
499	499
500	500
501	501	LCO No. 2792 14 of 18
502	502
503	503	members of the General Assembly shall be appointed in accordance 414
504	504	with section 4-9b and among them be experienced in all aspects of 415
505	505	housing, including housing design, development, finance, management 416
506	506	and state and municipal finance, and at least one of whom shall be 417
507	507	selected from among the officers or employees of the state. At least one 418
508	508	shall have experience in the provision of housing to very low, low and 419
509	509	moderate income families. On or before July first, annually, the 420
510	510	Governor shall appoint a member for a term of five years from said July 421
511	511	first to succeed the member whose term expires and until such 422
512	512	member's successor has been appointed, except that in 1974 and 1995 423
513	513	and quinquennially thereafter, the Governor shall appoint two 424
514	514	members. The chairperson of the board shall be appointed by the 425
515	515	Governor. The board shall annually elect one of its appointed members 426
516	516	as vice-chairperson of the board. Members shall receive no 427
517	517	compensation for the performance of their duties hereunder but shall be 428
518	518	reimbursed for necessary expenses incurred in the performance thereof. 429
519	519	The Governor or appointing member of the General Assembly, as the 430
520	520	case may be, shall fill any vacancy for the unexpired term. A member of 431
521	521	the board shall be eligible for reappointment. Any member of the board 432
522	522	may be removed by the Governor or appointing member of the General 433
523	523	Assembly, as the case may be, for misfeasance, malfeasance or wilful 434
524	524	neglect of duty. Each member of the board before entering upon such 435
525	525	member's duties shall take and subscribe the oath of affirmation 436
526	526	required by article XI, section 1, of the State Constitution. A record of 437
527	527	each such oath shall be filed in the office of the Secretary of the State. 438
528	528	Each ex-officio member may designate such member's deputy or any 439
529	529	member of such member's staff to represent such member at meetings 440
530	530	of the board with full power to act and vote on such member's behalf. 441
531	531	Any appointed member who fails to attend three consecutive meetings 442
532	532	or who fails to attend fifty per cent of all meetings held during any 443
533	533	calendar year shall be deemed to have resigned from the board. 444
534	534	Sec. 15. Subdivision (3) of subsection (b) of section 12-802 of the 445
535	535	general statutes is repealed and the following is substituted in lieu 446
536	536	thereof (Effective July 1, 2020): 447 Raised Bill No. 489
537	537
538	538
539	539
540	540	LCO No. 2792 15 of 18
541	541
542	542	(3) Any appointed director shall be eligible for reappointment. The 448
543	543	Commissioner of Consumer Protection shall not serve as a director. Any 449
544	544	appointed director who fails to attend three consecutive meetings or 450
545	545	who fails to attend fifty per cent of all meetings held during any 451
546	546	calendar year shall be deemed to have resigned from the board. Any 452
547	547	director may be removed by order of the Superior Court upon 453
548	548	application of the Attorney General for misfeasance, malfeasance or 454
549	549	wilful neglect of duty. Such actions shall be tried to the court without a 455
550	550	jury and shall be privileged in assignment for hearing. If the court, after 456
551	551	hearing, finds there is clear and convincing evidence of such 457
552	552	misfeasance, malfeasance or wilful neglect of duty it shall order the 458
553	553	removal of such director. Any director so removed shall not be 459
554	554	reappointed to the board. 460
555	555	Sec. 16. Subdivision (1) of subsection (e) of section 16-245n of the 461
556	556	general statutes is repealed and the following is substituted in lieu 462
557	557	thereof (Effective July 1, 2020): 463
558	558	(e) (1) The powers of the Connecticut Green Bank shall be vested in 464
559	559	and exercised by a board of directors, which shall consist of eleven 465
560	560	voting and two nonvoting members each with knowledge and expertise 466
561	561	in matters related to the purpose and activities of said bank appointed 467
562	562	as follows: The Treasurer or the Treasurer's designee, the Commissioner 468
563	563	of Energy and Environmental Protection or the commissioner's designee 469
564	564	and the Commissioner of Economic and Community Development or 470
565	565	the commissioner's designee, each serving ex officio, one member who 471
566	566	shall represent a residential or low-income group appointed by the 472
567	567	speaker of the House of Representatives for a term of four years, one 473
568	568	member who shall have experience in investment fund management 474
569	569	appointed by the minority leader of the House of Representatives for a 475
570	570	term of three years, one member who shall represent an environmental 476
571	571	organization appointed by the president pro tempore of the Senate for 477
572	572	a term of four years, and one member who shall have experience in the 478
573	573	finance or deployment of renewable energy appointed by the minority 479
574	574	leader of the Senate for a term of four years. Thereafter, such members 480
575	575	of the General Assembly shall appoint members of the board to succeed 481 Raised Bill No. 489
576	576
577	577
578	578
579	579	LCO No. 2792 16 of 18
580	580
581	581	such appointees whose terms expire and each member so appointed 482
582	582	shall hold office for a period of four years from the first day of July in 483
583	583	the year of his or her appointment. The Governor shall appoint four 484
584	584	members to the board as follows: Two for two years who shall have 485
585	585	experience in the finance of renewable energy; one for four years who 486
586	586	shall be a representative of a labor organization; and one who shall have 487
587	587	experience in research and development or manufacturing of clean 488
588	588	energy. Thereafter, the Governor shall appoint members of the board to 489
589	589	succeed such appointees whose terms expire and each member so 490
590	590	appointed shall hold office for a period of four years from the first day 491
591	591	of July in the year of his or her appointment. Any appointed member 492
592	592	who fails to attend three consecutive meetings or who fails to attend 493
593	593	fifty per cent of all meetings held during any calendar year shall be 494
594	594	deemed to have resigned from the board. The president of the 495
595	595	Connecticut Green Bank shall be elected by the members of the board. 496
596	596	The president of the Connecticut Green Bank shall serve on the board in 497
597	597	an ex-officio, nonvoting capacity. The Governor shall appoint the 498
598	598	chairperson of the board. The board shall elect from its members a vice 499
599	599	chairperson and such other officers as it deems necessary and shall 500
600	600	adopt such bylaws and procedures it deems necessary to carry out its 501
601	601	functions. The board may establish committees and subcommittees as 502
602	602	necessary to conduct its business. 503
603	603	Sec. 17. Subsections (b) and (c) of section 31-417 of the general statutes 504
604	604	are repealed and the following is substituted in lieu thereof (Effective July 505
605	605	1, 2020): 506
606	606	(b) The powers of the authority shall be vested in and exercised by a 507
607	607	board of directors, which shall consist of fifteen voting members, each a 508
608	608	resident of the state, (1) the State Treasurer who shall serve as an ex-509
609	609	officio voting member; (2) the State Comptroller who shall serve as an 510
610	610	ex-officio voting member; (3) the Secretary of the Office of Policy and 511
611	611	Management who shall serve as an ex-officio voting member; (4) the 512
612	612	Banking Commissioner who shall serve as an ex-officio voting member; 513
613	613	(5) the Labor Commissioner who shall serve as an ex-officio voting 514
614	614	member; (6) one appointed by the speaker of t he House of 515 Raised Bill No. 489
615	615
616	616
617	617
618	618	LCO No. 2792 17 of 18
619	619
620	620	Representatives, who shall have a favorable reputation for skill, 516
621	621	knowledge and experience in the interests of the needs of aging 517
622	622	population; (7) one appointed by the majority leader of the House of 518
623	623	Representatives, who shall have a favorable reputation for skill, 519
624	624	knowledge and experience in the interests of small employers in 520
625	625	retirement savings; (8) one appointed by the minority leader of the 521
626	626	House of Representatives, who shall have a favorable reputation for 522
627	627	skill, knowledge and experience in the interests of retirement 523
628	628	investment products; (9) one appointed by the president pro tempore of 524
629	629	the Senate, who shall have a favorable reputation for skill, knowledge 525
630	630	and experience in the interests of employees in retirement savings; (10) 526
631	631	one appointed by the majority leader of the Senate, who shall have a 527
632	632	favorable reputation for skill, knowledge and experience in retirement 528
633	633	plan designs; (11) one appointed by the minority leader of the Senate, 529
634	634	who shall have a favorable reputation for skill, knowledge and 530
635	635	experience in the interests of retirement plan brokers; and (12) four 531
636	636	appointed by the Governor, one who shall have a favorable reputation 532
637	637	for skill, knowledge and experience in matters regarding the federal 533
638	638	Employment Retirement Income Security Act of 1974, as amended from 534
639	639	time to time, or the Internal Revenue Code of 1986 or any subsequent 535
640	640	corresponding internal revenue code of the United States, as amended 536
641	641	from time to time, one who shall have a favorable reputation for skill, 537
642	642	knowledge and experience in annuity products, one who shall have a 538
643	643	favorable reputation for skill, knowledge and experience in retirement 539
644	644	investment products, and one who shall have a favorable reputation for 540
645	645	skill, knowledge and experience in actuarial science. Each member 541
646	646	appointed pursuant to subdivisions (6) to (12), inclusive, of this 542
647	647	subsection shall serve an initial term of four years. Thereafter, said 543
648	648	members of the General Assembly and the Governor shall appoint 544
649	649	members of the board to succeed such appointees whose terms expire 545
650	650	and each member so appointed shall hold office for a term of six years 546
651	651	from July first in the year of his or her appointment. Any appointed 547
652	652	member who fails to attend three consecutive meetings or who fails to 548
653	653	attend fifty per cent of all meetings held during any calendar year shall 549
654	654	be deemed to have resigned from the board. 550 Raised Bill No. 489
655	655
656	656
657	657
658	658	LCO No. 2792 18 of 18
659	659
660	660	(c) All initial appointments to the board shall be made not later than 551
661	661	January 1, 2017. Any vacancy shall be filled by the appointing authority 552
662	662	not later than thirty calendar days after the office becomes vacant. Any 553
663	663	member previously appointed to the board may be reappointed. 554
664	664	This act shall take effect as follows and shall amend the following
665	665	sections:
666	666
667	667	Section 1 October 1, 2020, and
668	668	applicable to contracts
669	669	entered into or renewed on
670	670	or after said date
671	671	New section
672	672	Sec. 2 July 1, 2020 New section
673	673	Sec. 3 July 1, 2020 New section
674	674	Sec. 4 October 1, 2020 New section
675	675	Sec. 5 October 1, 2020 New section
676	676	Sec. 6 July 1, 2020 1-123
677	677	Sec. 7 July 1, 2020 New section
678	678	Sec. 8 October 1, 2020 1-84(i)
679	679	Sec. 9 October 1, 2020 2-90(h)
680	680	Sec. 10 October 1, 2020 52-146r
681	681	Sec. 11 July 1, 2020 32-35(b)
682	682	Sec. 12 July 1, 2020 10a-179(a)
683	683	Sec. 13 July 1, 2020 10a-179a(b)
684	684	Sec. 14 July 1, 2020 8-244(a)
685	685	Sec. 15 July 1, 2020 12-802(b)(3)
686	686	Sec. 16 July 1, 2020 16-245n(e)(1)
687	687	Sec. 17 July 1, 2020 31-417(b) and (c)
688	688
689	689	Statement of Purpose:
690	690	To impose additional reporting requirements on quasi-public agencies
691	691	and to increase legislative and executive branch oversight of quasi-
692	692	public agencies.
693	693	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
694	694	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
695	695	underlined.]
696	696