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