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General Assembly Raised Bill No. 6664
January Session, 2021
LCO No. 4967
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. Section 1-120 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2021): 2
As used in sections 1-120 to 1-123, inclusive, as amended by this act, 3
and sections 2 to 7, inclusive, and section 10 of this act: 4
(1) "Quasi-public agency" means Connecticut Innovations, 5
Incorporated, the Connecticut Health and Educational Facilities 6
Authority, the Connecticut Higher Education Supplemental Loan 7
Authority, the Connecticut Student Loan Foundation, the Connecticut 8
Housing Finance Authority, the Connecticut Housing Authority, the 9
Materials Innovation and Recycling Authority, the Capital Region 10
Development Authority, the Connecticut Lottery Corporation, the 11
Connecticut Airport Authority, the Connecticut Health Insurance 12
Exchange, the Connecticut Green Bank, the Connecticut Retirement 13
Security Authority, the Connecticut Port Authority, the Connecticut 14 Raised Bill No. 6664
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Municipal Redevelopment Authority, the State Education Resource 15
Center and the Paid Family and Medical Leave Insurance Authority. 16
(2) "Procedure" means each statement, by a quasi-public agency, of 17
general applicability, without regard to its designation, that 18
implements, interprets or prescribes law or policy, or describes the 19
organization or procedure of any such agency. The term includes the 20
amendment or repeal of a prior regulation, but does not include, unless 21
otherwise provided by any provision of the general statutes, (A) 22
statements concerning only the internal management of any agency and 23
not affecting procedures available to the public, and (B) intra-agency 24
memoranda. 25
(3) "Proposed procedure" means a proposal by a quasi-public agency 26
under the provisions of section 1-121 for a new procedure or for a 27
change in, addition to or repeal of an existing procedure. 28
Sec. 2. (NEW) (Effective October 1, 2021, and applicable to contracts 29
entered into or renewed on or after said date) (a) For the purposes of this 30
section, "separation agreement" means an agreement to pay less than 31
fifty thousand dollars to an employee who resigns or retires from 32
employment with a quasi-public agency (1) for the purposes of avoiding 33
costs associated with potential litigation related to such employment, or 34
(2) pursuant to a nondisparagement agreement. 35
(b) On and after October 1, 2021, each quasi-public agency shall 36
submit a copy of all (1) separation agreements, and (2) contracts with an 37
annual cost of over one million dollars or a duration of five years or 38
greater, to the Attorney General for review and comment prior to 39
entering into or renewing any such agreement or contract. As used in 40
this subsection, "contract" means any employment contract or 41
consulting contract that a quasi-public agency intends to enter into or 42
renew. 43
(c) On and after October 1, 2021, any quasi-public agency that intends 44
to enter into or renew a contract with a value of more than one million 45
dollars shall provide notice and an opportunity for public comment on 46 Raised Bill No. 6664
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such contract at least two weeks prior to entering into or renewing such 47
contract. As used in this subsection, "contract" means a construction 48
contract or consulting contract, but excludes an employment contract. 49
Sec. 3. (NEW) (Effective July 1, 2021) The Commissioner of 50
Administrative Services shall examine operating procedures and 51
practices of existing quasi-public agencies. Not later than January 1, 52
2022, the Commissioner of Administrative Services shall develop and 53
publish on the Department of Administrative Services' Internet web site 54
model rules of procedure regarding governance, organization and 55
procurement that are based on the best practices of existing quasi-public 56
agencies and which may be adopted by quasi-public agencies, in 57
accordance with the provisions of chapter 12 of the general statutes. 58
Such model rules shall include, but need not be limited to, rules 59
concerning: (1) Adopting an annual budget and plan of operations; (2) 60
hiring, dismissing, promoting and compensating employees of the 61
quasi-public agency; (3) adopting an affirmative action policy; (4) 62
acquiring personal property and personal services; (5) contracting for 63
financial, legal and other professional services; (6) issuing bonds for the 64
purpose of refunding or refinancing existing debt of the quasi-public 65
agency as required by the terms of such existing debt and retiring bonds, 66
bond anticipation notes and other obligations of the quasi-public 67
agency; and (7) using funds from state grants and other grants. The 68
commissioner shall update such model rules as necessary. 69
Sec. 4. (NEW) (Effective July 1, 2021) Any quasi-public agency 70
established on or after July 1, 2021, shall (1) adopt rules of procedure, as 71
defined in section 1-120 of the general statutes, as amended by this act, 72
setting forth its organization and governance, and submit such rules to 73
the joint standing committee of the General Assembly having 74
cognizance of matters relating to such quasi-public agency for review 75
prior to conducting any business, (2) hire an executive director, subject 76
to the approval of the board, and hire any staff necessary for its 77
operation, (3) create a written chart setting forth the hierarchy of 78
supervisory and nonsupervisory staff and other members of the quasi-79
public agency, and provide such chart (A) to the executive director, and 80 Raised Bill No. 6664
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(B) to the joint standing committee of the General Assembly having 81
cognizance of matters relating to such quasi-public agency not less than 82
annually, (4) establish a budget and tracking software before incurring 83
any expenses, other than initial expenses associated with establishing 84
the quasi-public agency, and (5) establish an accounting methodology 85
using software that incorporates commonly accepted accounting 86
standards. The quasi-public agency shall submit a status report 87
summarizing the quasi-public agency's progress on complying with the 88
provisions of this section, in accordance with the provisions of section 89
11-4a of the general statutes, to the joint standing committees of the 90
General Assembly having cognizance of matters relating to such quasi-91
public agency and government administration, not later than six months 92
after the quasi-public agency is established, and shall submit an 93
updated report not later than six months after such initial submittal, and 94
annually thereafter. 95
Sec. 5. (NEW) (Effective October 1, 2021) Prior to incurring any 96
expense, a quasi-public agency shall obtain the approval of (1) the 97
executive director of the quasi-public agency, in the case of an expense 98
under five thousand dollars, and (2) the board of directors of the quasi-99
public agency, in the case of an expense that is five thousand dollars or 100
more. 101
Sec. 6. (NEW) (Effective October 1, 2021) (a) For the purposes of this 102
section, "appointing authority" means the person or body authorized to 103
make an appointment pursuant to a provision of the general statutes. 104
(b) Notwithstanding any provision of the general statutes, if a 105
vacancy occurs on the board of a quasi-public agency and (1) the board 106
has notified the appointing authority of such vacancy at least three 107
months after the occurrence of such vacancy, and (2) the appointment 108
remains unfilled by the appointing authority for a period greater than 109
six months after receipt of such notice, a quorum of the membership of 110
such board may fill such vacancy by voting to appoint a person who 111
satisfies the qualifications set forth in the authorizing statute to fill such 112
vacancy for the remainder of the term. Any subsequent appointment 113 Raised Bill No. 6664
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shall be filled in the manner set forth in the authorizing statute, unless 114
the provisions of this section are applicable. 115
Sec. 7. (NEW) (Effective October 1, 2021) Any quasi-public agency that 116
receives notice that it is the subject of a state or federal regulatory or 117
criminal investigation or that receives a subpoena relating to a criminal 118
matter shall notify the joint standing committee of the General 119
Assembly having cognizance of matters relating to such quasi-public 120
agency, or if none, the joint standing committee of the General Assembly 121
having cognizance of matters relating to government administration, 122
not later than fifteen days after receiving such notice or subpoena. Such 123
notification may be in electronic form. 124
Sec. 8. Section 1-122 of the general statutes is repealed and the 125
following is substituted in lieu thereof (Effective October 1, 2021): 126
The Auditors of Public Accounts shall [biennially] annually conduct 127
a compliance audit of each quasi-public agency's activities during the 128
[agency's two fiscal years preceding each such audit] preceding agency 129
fiscal year or contract with a person, firm or corporation for any such 130
audit or audits. Each such audit shall determine whether the quasi-131
public agency has complied with its regulations concerning affirmative 132
action, personnel practices, the purchase of goods and services, the use 133
of surplus funds and the distribution of loans, grants and other financial 134
assistance. Each audit shall include a review of all or a representative 135
sample of the agency's activities in such areas during [the relevant fiscal 136
years] such fiscal year. The Auditors of Public Accounts shall submit 137
each audit report to the Governor and to the joint standing committee 138
of the General Assembly having cognizance of matters relating to the 139
quasi-public agency, in accordance with the provisions of section 11-4a. 140
Each quasi-public agency shall pay the cost of conducting such 141
[biennial] annual compliance audit of the agency. If any such audit is 142
not completed within such annual period, the Auditors of Public 143
Accounts shall notify the joint standing committee of the General 144
Assembly having cognizance of matters relating to such quasi-public 145
agency of the delay and the anticipated date of completion for such 146 Raised Bill No. 6664
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audit. 147
Sec. 9. Section 1-123 of the general statutes is repealed and the 148
following is substituted in lieu thereof (Effective July 1, 2021): 149
(a) The board of directors of each quasi-public agency shall annually 150
submit a report to the Governor and the Auditors of Public Accounts. 151
Such report shall include, but need not be limited to, the following: (1) 152
A list of all bond issues for the preceding fiscal year, including, for each 153
such issue, the financial advisor and underwriters, whether the issue 154
was competitive, negotiated or privately placed, and the issue's face 155
value and net proceeds; (2) a list of all projects other than those 156
pertaining to owner-occupied housing or student loans receiving 157
financial assistance during the preceding fiscal year, including each 158
project's purpose, location, and the amount of funds provided by the 159
agency; (3) a list of all outside individuals and firms receiving in excess 160
of five thousand dollars in the form of loans, grants or payments for 161
services, except for individuals receiving loans for owner-occupied 162
housing and education; (4) a complete set of financial statements; (5) the 163
cumulative value of all bonds issued, the value of outstanding bonds, 164
and the amount of the state's contingent liability; (6) the affirmative 165
action policy statement, a description of the composition of the agency's 166
work force by race, sex, and occupation and a description of the agency's 167
affirmative action efforts; and (7) a description of planned activities for 168
the current fiscal year. 169
(b) For the quarter commencing July 1, 2010, and for each quarter 170
thereafter, the board of directors of each quasi-public agency shall 171
submit a report to the Office of Fiscal Analysis. Such report shall 172
include, but not be limited to, for each fund and account of the agency: 173
(1) The beginning fiscal year balance; (2) all funds expended and all 174
revenue collected by the end of the quarter; and (3) total expenditures 175
and revenues estimated at the end of the fiscal year. For the purposes of 176
this subsection, "expenditures" and "revenues" have the same meaning 177
as provided in section 4-69. 178 Raised Bill No. 6664
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(c) For the quarter commencing July 1, 2010, and for each quarter 179
thereafter, the board of directors of each quasi-public agency shall 180
submit a personnel status report to the Office of Fiscal Analysis. Such 181
report shall include, but not be limited to: (1) The total number of 182
employees by the end of the quarter; (2) the positions vacated and the 183
positions filled by the end of the quarter; and (3) the positions estimated 184
to be vacant and the positions estimated to be filled at the end of the 185
fiscal year. 186
(d) (1) On or before January 15, 2022, and annually thereafter, the 187
board of directors of each quasi-public agency shall submit a report, in 188
accordance with the provisions of section 11-4a, concerning the salaries 189
of all of its employees to (A) the Comptroller, (B) the Office of Fiscal 190
Analysis, and (C) the joint standing committee of the General Assembly 191
having cognizance of matters relating to such quasi-public agency. 192
(2) Not less than thirty days prior to any action by the board of 193
directors on a proposed increase in salary for an employee, excluding 194
any increase due to a promotion, the board of directors of the quasi-195
public agency shall submit notice of the proposed change in salary to 196
the joint standing committee of the General Assembly having 197
cognizance of matters relating to such quasi-public agency, or if none, 198
to the joint standing committee of the General Assembly having 199
cognizance of matters relating to appropriations and the budgets of state 200
agencies. As used in this subdivision, "increase in salary" means an 201
increase that (A) will result in a salary exceeding two hundred thousand 202
dollars a year, or (B) is equivalent to an increase of more than five per 203
cent. 204
(e) On or before January 15, 2022, and biennially thereafter, the board 205
of directors of each quasi-public agency shall submit a report to the joint 206
standing committee of the General Assembly having cognizance of 207
matters relating to such quasi-public agency, or if none, to the joint 208
standing committee of the General Assembly having cognizance of 209
matters relating to government administration, in accordance with the 210
provisions of section 11-4a. Not later than August 1, 2021, the Secretary 211 Raised Bill No. 6664
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of the Office of Policy and Management shall adopt guidelines 212
concerning the content and format of such report and shall mail a copy 213
of such guidelines to each quasi-public agency. Not later than thirty 214
days after receipt of such report or the commencement of the regular 215
session of the General Assembly, whichever is later, the joint standing 216
committee of the General Assembly having cognizance of matters 217
relating to the quasi-public agency submitting the report, or if none, the 218
joint standing committee of the General Assembly having cognizance of 219
matters relating to government administration, shall hold a public 220
hearing concerning such report. A representative of the quasi-public 221
agency shall appear at such hearing to answer any questions of the 222
committee members. 223
Sec. 10. (NEW) (Effective July 1, 2021) Notwithstanding any provision 224
of the general statutes, the Secretary of the Office of Policy and 225
Management, or the secretary's designee, shall be an ex-officio member 226
of any finance committee formed by a quasi-public agency. Any such 227
finance committee shall notify the secretary electronically not less than 228
seven days prior to any scheduled meeting of the committee. 229
Sec. 11. Subsection (i) of section 1-84 of the general statutes is repealed 230
and the following is substituted in lieu thereof (Effective October 1, 2021): 231
(i) (1) No public official or state employee or member of the official 232
or employee's immediate family or a business with which he is 233
associated shall enter into any contract with the state, valued at one 234
hundred dollars or more, other than a contract (A) of employment as a 235
state employee, (B) with the Technical Education and Career System for 236
students enrolled in a school in the system to perform services in 237
conjunction with vocational, technical, technological or postsecondary 238
education and training any such student is receiving at a school in the 239
system, subject to the review process under subdivision (2) of this 240
subsection, (C) with a public institution of higher education to support 241
a collaboration with such institution to develop and commercialize any 242
invention or discovery, or (D) pursuant to a court appointment, unless 243
the contract has been awarded through an open and public process, 244 Raised Bill No. 6664
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including prior public offer and subsequent public disclosure of all 245
proposals considered and the contract awarded. In no event shall an 246
executive head of an agency, as defined in section 4-166, including a 247
commissioner of a department, or an executive head of a quasi-public 248
agency, as defined in section 1-79, or the executive head's immediate 249
family or a business with which he is associated enter into any contract 250
with that agency or quasi-public agency. Nothing in this subsection 251
shall be construed as applying to any public official who is appointed as 252
a member of the executive branch [or as a member or director of a quasi-253
public agency] and who receives no compensation other than per diem 254
payments or reimbursement for actual or necessary expenses, or both, 255
incurred in the performance of the public official's duties unless such 256
public official has authority or control over the subject matter of the 257
contract. Any contract made in violation of this subsection shall be 258
voidable by a court of competent jurisdiction if the suit is commenced 259
not later than one hundred eighty days after the making of the contract. 260
(2) The superintendent of the Technical Education and Career System 261
shall establish an open and transparent process to review any contract 262
entered into under subparagraph (B) of subdivision (1) of this 263
subsection. 264
Sec. 12. Subsection (h) of section 2-90 of the general statutes is 265
repealed and the following is substituted in lieu thereof (Effective October 266
1, 2021): 267
(h) Where there are statutory or common law requirements of 268
confidentiality with regard to such records and accounts or 269
examinations of nongovernmental entities which are maintained by a 270
state agency, including, but not limited to, privilege by reason of an 271
attorney-client relationship, such requirements of confidentiality and 272
the penalties for the violation thereof shall apply to the auditors and to 273
their authorized representatives in the same manner and to the same 274
extent as such requirements of confidentiality and penalties apply to 275
such state agency. Any disclosure under this subsection of information 276
that is privileged by reason of an attorney-client relationship shall not 277 Raised Bill No. 6664
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constitute a waiver of the privilege. In addition, the portion of (1) any 278
audit or report prepared by the Auditors of Public Accounts that 279
concerns the internal control structure of a state information system or 280
the identity of an employee who provides information regarding 281
alleged fraud or weaknesses in the control structure of a state agency 282
that may lead to fraud, or (2) any document that may reveal the identity 283
of such employee, shall not be subject to disclosure under the Freedom 284
of Information Act, as defined in section 1-200. 285
Sec. 13. Section 52-146r of the general statutes is repealed and the 286
following is substituted in lieu thereof (Effective October 1, 2021): 287
(a) As used in this section: 288
(1) "Authorized representative" means an individual empowered by 289
a public agency to assert the confidentiality of communications that are 290
privileged under this section; 291
(2) "Confidential communications" means all oral and written 292
communications transmitted in confidence between a public official or 293
employee of a public agency acting in the performance of his or her 294
duties or within the scope of his or her employment and a government 295
attorney relating to legal advice sought by the public agency or a public 296
official or employee of such public agency from that attorney, and all 297
records prepared by the government attorney in furtherance of the 298
rendition of such legal advice; 299
(3) "Government attorney" means a person admitted to the bar of this 300
state and employed by a public agency or retained by a public agency 301
or public official to provide legal advice to the public agency or a public 302
official or employee of such public agency; and 303
(4) "Public agency" means "public agency" as defined in section 1-200. 304
(b) In any civil or criminal case or proceeding or in any legislative or 305
administrative proceeding, all confidential communications shall be 306
privileged and a government attorney shall not disclose any such 307 Raised Bill No. 6664
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communications unless an authorized representative of the public 308
agency consents to waive the privilege and allow such disclosure. In any 309
legislative proceeding, the disclosure by a government attorney who 310
represents a quasi-public agency, as defined in section 1-120, as 311
amended by this act, of confidential communications to a joint standing 312
committee of the General Assembly conducting an investigation under 313
section 2-46 shall not constitute a waiver of the privilege and such 314
confidential communications shall not be subject to disclosure under the 315
Freedom of Information Act, as defined in section 1-200. 316
Sec. 14. Subsection (b) of section 32-35 of the general statutes is 317
repealed and the following is substituted in lieu thereof (Effective July 1, 318
2021): 319
(b) The corporation shall be governed by a board of seventeen 320
directors. Nine members shall be appointed by the Governor, six of 321
whom shall be knowledgeable, and have favorable reputations for skill, 322
knowledge and experience, in the development of innovative start-up 323
businesses, including, but not limited to, expertise in academic research, 324
technology transfer and application, the development of technological 325
invention and new enterprise development and three of whom shall be 326
knowledgeable, and have favorable reputations for skill, knowledge 327
and experience, in the field of financial lending or the development of 328
commerce, trade and business. Four members shall be the 329
Commissioner of Economic and Community Development, the 330
president of the Connecticut State Colleges and Universities, the 331
Treasurer and the Secretary of the Office of Policy and Management, 332
who shall serve ex officio and shall have all of the powers and privileges 333
of a member of the board of directors. Each ex-officio member may 334
designate his deputy or any member of his staff to represent him at 335
meetings of the corporation with full power to act and vote in his behalf. 336
Four members shall be appointed as follows: One by the president pro 337
tempore of the Senate, one by the minority leader of the Senate, one by 338
the speaker of the House of Representatives and one by the minority 339
leader of the House of Representatives. Each member appointed by the 340
Governor shall serve at the pleasure of the Governor but no longer than 341 Raised Bill No. 6664
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the term of office of the Governor or until the member's successor is 342
appointed and qualified, whichever is longer. Each member appointed 343
by a member of the General Assembly shall serve in accordance with 344
the provisions of section 4-1a. A director shall be eligible for 345
reappointment. The Governor shall fill any vacancy for the unexpired 346
term of a member appointed by the Governor. The appropriate 347
legislative appointing authority shall fill any vacancy for the unexpired 348
term of a member appointed by such authority. Any appointed member 349
who fails to attend three consecutive meetings or who fails to attend 350
fifty per cent of all meetings held during any calendar year shall be 351
deemed to have resigned from the board. 352
Sec. 15. Subsection (a) of section 10a-179 of the general statutes is 353
repealed and the following is substituted in lieu thereof (Effective July 1, 354
2021): 355
(a) There is created a body politic and corporate to be known as the 356
"State of Connecticut Health and Educational Facilities Authority". Said 357
authority is constituted a public instrumentality and political 358
subdivision of the state and the exercise by the authority of the powers 359
conferred by this chapter shall be deemed and held to be the 360
performance of an essential public and governmental function. 361
Notwithstanding the provisions of the general statutes or any public or 362
special act, the board of directors of said authority shall consist of ten 363
members, two of whom shall be the Secretary of the Office of Policy and 364
Management and the State Treasurer, ex officio, and eight of whom shall 365
be residents of the state appointed by the Governor, not more than four 366
of such appointed members to be members of the same political party. 367
Three of the appointed members shall be current or retired trustees, 368
directors, officers or employees of institutions for higher education, two 369
of the appointed members shall be current or retired trustees, directors, 370
officers or employees of health care institutions and one of such 371
appointed members shall be a person having a favorable reputation for 372
skill, knowledge and experience in state and municipal finance, either 373
as a member of the financial business industry or as an officer or 374
employee of an insurance company or bank whose duties relate to the 375 Raised Bill No. 6664
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purchase of state and municipal securities as an investment and to the 376
management and control of a state and municipal securities portfolio. 377
On or before the first day of July, annually, the Governor shall appoint 378
a member or members to succeed those whose terms expire, each for a 379
term of five years and until a successor is appointed and has qualified. 380
The Governor shall fill any vacancy for the unexpired term. A member 381
of the board shall be eligible for reappointment. Any member of the 382
board may be removed by the Governor for misfeasance, malfeasance 383
or wilful neglect of duty. Each member of the board shall take and 384
subscribe the oath or affirmation required by article XI, section 1, of the 385
State Constitution prior to assuming such office. A record of each such 386
oath shall be filed in the office of the Secretary of the State. Each ex-387
officio member may designate a deputy or any member of such 388
member's staff to represent him or her as a member at meetings of the 389
board with full power to act and vote in his or her behalf. Any appointed 390
member who fails to attend three consecutive meetings or who fails to 391
attend fifty per cent of all meetings held during any calendar year shall 392
be deemed to have resigned from the board. 393
Sec. 16. Subsection (b) of section 10a-179a of the general statutes is 394
repealed and the following is substituted in lieu thereof (Effective July 1, 395
2021): 396
(b) The Connecticut Higher Education Supplemental Loan Authority 397
shall be governed by a board of directors consisting of the following 398
nine members: (1) The State Treasurer, or the Treasurer's designee, who 399
shall serve as an ex-officio voting member; (2) the Secretary of the Office 400
of Policy and Management, or the secretary's designee, who shall serve 401
as an ex-officio voting member; (3) the president of the Connecticut State 402
Colleges and Universities, or the president's designee, who shall serve 403
as an ex-officio voting member; (4) the chairperson of the board of 404
directors of the Connecticut Health and Educational Facilities 405
Authority; (5) the executive director of the Connecticut Health and 406
Educational Facilities Authority; (6) two residents of the state, each of 407
whom is an active or retired trustee, director, officer or employee of a 408
Connecticut institution for higher education, appointed by the board of 409 Raised Bill No. 6664
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directors of the Connecticut Health and Educational Facilities 410
Authority; (7) a resident of this state with a favorable reputation for skill, 411
knowledge and experience in the higher education loan field, appointed 412
by the board of directors of the Connecticut Health and Educational 413
Facilities Authority; and (8) a resident of this state with a favorable 414
reputation for skill, knowledge and experience in either the higher 415
education loan field or in state and municipal finance, appointed by the 416
board of directors of the Connecticut Health and Educational Facilities 417
Authority. Of the four appointed members, not more than two may be 418
members of the same political party. One appointed member shall serve 419
until the earlier of July 1, 2017, or, if such person was a member of the 420
Connecticut Higher Education Supplemental Loan Authority board on 421
June 30, 2012, the date on which such member's then current term was 422
originally scheduled to end. One appointed member shall serve until the 423
earlier of July 1, 2018, or, if such person was a member of the 424
Connecticut Higher Education Supplemental Loan Authority board on 425
June 30, 2012, the date on which such member's then current term was 426
originally scheduled to end. Except as provided in this subsection and 427
notwithstanding the original date of expiration of the term of any person 428
who is an appointed member of the Connecticut Higher Education 429
Supplemental Loan Authority board on June 30, 2012, the term of all 430
such persons shall expire on July 1, 2012. The Connecticut Health and 431
Educational Facilities Authority board shall appoint a member or 432
members each for a term of six years or until his or her successor is 433
appointed and has qualified to succeed the members whose terms 434
expire. Said authority board shall fill any vacancy for the unexpired 435
term. A member of the Connecticut Higher Education Supplemental 436
Loan Authority board shall be eligible for reappointment. Any member 437
of the Connecticut Higher Education Supplemental Loan Authority 438
board may be removed by the appointing authority for misfeasance, 439
malfeasance or wilful neglect of duty. Each member of the Connecticut 440
Higher Education Supplemental Loan Authority board before entering 441
upon his or her duties shall take and subscribe the oath or affirmation 442
required by section 1 of article eleventh of the State Constitution. A 443
record of each such oath shall be filed in the office of the Secretary of the 444 Raised Bill No. 6664
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State. Any appointed member who fails to attend three consecutive 445
meetings or who fails to attend fifty per cent of all meetings held during 446
any calendar year shall be deemed to have resigned from the board. 447
Sec. 17. Subsection (a) of section 8-244 of the general statutes is 448
repealed and the following is substituted in lieu thereof (Effective July 1, 449
2021): 450
(a) There is created a body politic and corporate to be known as the 451
"Connecticut Housing Finance Authority". Said authority is constituted 452
a public instrumentality and political subdivision of this state and the 453
exercise by the authority of the powers conferred by this chapter shall 454
be deemed and held to be the performance of an essential public and 455
governmental function. The Connecticut Housing Finance Authority 456
shall not be construed to be a department, institution or agency of the 457
state. The board of directors of the authority shall consist of sixteen 458
members as follows: (1) The Commissioner of Economic and 459
Community Development, the Commissioner of Housing, the Secretary 460
of the Office of Policy and Management, the Banking Commissioner and 461
the State Treasurer, ex officio, or their designees, with the right to vote, 462
(2) seven members to be appointed by the Governor, and (3) four 463
members appointed as follows: One by the president pro tempore of the 464
Senate, one by the speaker of the House of Representatives, one by the 465
minority leader of the Senate and one by the minority leader of the 466
House of Representatives. The member initially appointed by the 467
speaker of the House of Representatives shall serve a term of five years; 468
the member initially appointed by the president pro tempore of the 469
Senate shall serve a term of four years. The members initially appointed 470
by the Senate minority leader shall serve a term of three years. The 471
member initially appointed by the minority leader of the House of 472
Representatives shall serve a term of two years. Thereafter, each 473
member appointed by a member of the General Assembly shall serve a 474
term of five years. The members appointed by the Governor and the 475
members of the General Assembly shall be appointed in accordance 476
with section 4-9b and among them be experienced in all aspects of 477
housing, including housing design, development, finance, management 478 Raised Bill No. 6664
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and state and municipal finance, and at least one of whom shall be 479
selected from among the officers or employees of the state. At least one 480
shall have experience in the provision of housing to very low, low and 481
moderate income families. On or before July first, annually, the 482
Governor shall appoint a member for a term of five years from said July 483
first to succeed the member whose term expires and until such 484
member's successor has been appointed, except that in 1974 and 1995 485
and quinquennially thereafter, the Governor shall appoint two 486
members. The chairperson of the board shall be appointed by the 487
Governor. The board shall annually elect one of its appointed members 488
as vice-chairperson of the board. Members shall receive no 489
compensation for the performance of their duties hereunder but shall be 490
reimbursed for necessary expenses incurred in the performance thereof. 491
The Governor or appointing member of the General Assembly, as the 492
case may be, shall fill any vacancy for the unexpired term. A member of 493
the board shall be eligible for reappointment. Any member of the board 494
may be removed by the Governor or appointing member of the General 495
Assembly, as the case may be, for misfeasance, malfeasance or wilful 496
neglect of duty. Each member of the board before entering upon such 497
member's duties shall take and subscribe the oath of affirmation 498
required by article XI, section 1, of the State Constitution. A record of 499
each such oath shall be filed in the office of the Secretary of the State. 500
Each ex-officio member may designate such member's deputy or any 501
member of such member's staff to represent such member at meetings 502
of the board with full power to act and vote on such member's behalf. 503
Any appointed member who fails to attend three consecutive meetings 504
or who fails to attend fifty per cent of all meetings held during any 505
calendar year shall be deemed to have resigned from the board. 506
Sec. 18. Subdivision (3) of subsection (b) of section 12-802 of the 507
general statutes is repealed and the following is substituted in lieu 508
thereof (Effective July 1, 2021): 509
(3) Any appointed director shall be eligible for reappointment. The 510
Commissioner of Consumer Protection shall not serve as a director. Any 511
appointed director who fails to attend three consecutive meetings or 512 Raised Bill No. 6664
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who fails to attend fifty per cent of all meetings held during any 513
calendar year shall be deemed to have resigned from the board. Any 514
director may be removed by order of the Superior Court upon 515
application of the Attorney General for misfeasance, malfeasance or 516
wilful neglect of duty. Such actions shall be tried to the court without a 517
jury and shall be privileged in assignment for hearing. If the court, after 518
hearing, finds there is clear and convincing evidence of such 519
misfeasance, malfeasance or wilful neglect of duty it shall order the 520
removal of such director. Any director so removed shall not be 521
reappointed to the board. 522
Sec. 19. Subdivision (1) of subsection (e) of section 16-245n of the 523
general statutes is repealed and the following is substituted in lieu 524
thereof (Effective July 1, 2021): 525
(e) (1) The powers of the Connecticut Green Bank shall be vested in 526
and exercised by a board of directors, which shall consist of eleven 527
voting and two nonvoting members each with knowledge and expertise 528
in matters related to the purpose and activities of said bank appointed 529
as follows: The Treasurer or the Treasurer's designee, the Commissioner 530
of Energy and Environmental Protection or the commissioner's designee 531
and the Commissioner of Economic and Community Development or 532
the commissioner's designee, each serving ex officio, one member who 533
shall represent a residential or low-income group appointed by the 534
speaker of the House of Representatives for a term of four years, one 535
member who shall have experience in investment fund management 536
appointed by the minority leader of the House of Representatives for a 537
term of three years, one member who shall represent an environmental 538
organization appointed by the president pro tempore of the Senate for 539
a term of four years, and one member who shall have experience in the 540
finance or deployment of renewable energy appointed by the minority 541
leader of the Senate for a term of four years. Thereafter, such members 542
of the General Assembly shall appoint members of the board to succeed 543
such appointees whose terms expire and each member so appointed 544
shall hold office for a period of four years from the first day of July in 545
the year of his or her appointment. The Governor shall appoint four 546 Raised Bill No. 6664
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members to the board as follows: Two for two years who shall have 547
experience in the finance of renewable energy; one for four years who 548
shall be a representative of a labor organization; and one who shall have 549
experience in research and development or manufacturing of clean 550
energy. Thereafter, the Governor shall appoint members of the board to 551
succeed such appointees whose terms expire and each member so 552
appointed shall hold office for a period of four years from the first day 553
of July in the year of his or her appointment. Any appointed member 554
who fails to attend three consecutive meetings or who fails to attend 555
fifty per cent of all meetings held during any calendar year shall be 556
deemed to have resigned from the board. The president of the 557
Connecticut Green Bank shall be elected by the members of the board. 558
The president of the Connecticut Green Bank shall serve on the board in 559
an ex-officio, nonvoting capacity. The Governor shall appoint the 560
chairperson of the board. The board shall elect from its members a vice 561
chairperson and such other officers as it deems necessary and shall 562
adopt such bylaws and procedures it deems necessary to carry out its 563
functions. The board may establish committees and subcommittees as 564
necessary to conduct its business. 565
Sec. 20. Subsections (b) and (c) of section 31-417 of the general statutes 566
are repealed and the following is substituted in lieu thereof (Effective July 567
1, 2021): 568
(b) The powers of the authority shall be vested in and exercised by a 569
board of directors, which shall consist of fifteen voting members, each a 570
resident of the state, (1) the State Treasurer who shall serve as an ex-571
officio voting member; (2) the State Comptroller who shall serve as an 572
ex-officio voting member; (3) the Secretary of the Office of Policy and 573
Management who shall serve as an ex-officio voting member; (4) the 574
Banking Commissioner who shall serve as an ex-officio voting member; 575
(5) the Labor Commissioner who shall serve as an ex-officio voting 576
member; (6) one appointed by the speaker of the House of 577
Representatives, who shall have a favorable reputation for skill, 578
knowledge and experience in the interests of the needs of aging 579
population; (7) one appointed by the majority leader of the House of 580 Raised Bill No. 6664
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Representatives, who shall have a favorable reputation for skill, 581
knowledge and experience in the interests of small employers in 582
retirement savings; (8) one appointed by the minority leader of the 583
House of Representatives, who shall have a favorable reputation for 584
skill, knowledge and experience in the interests of retirement 585
investment products; (9) one appointed by the president pro tempore of 586
the Senate, who shall have a favorable reputation for skill, knowledge 587
and experience in the interests of employees in retirement savings; (10) 588
one appointed by the majority leader of the Senate, who shall have a 589
favorable reputation for skill, knowledge and experience in retirement 590
plan designs; (11) one appointed by the minority leader of the Senate, 591
who shall have a favorable reputation for skill, knowledge and 592
experience in the interests of retirement plan brokers; and (12) four 593
appointed by the Governor, one who shall have a favorable reputation 594
for skill, knowledge and experience in matters regarding the federal 595
Employment Retirement Income Security Act of 1974, as amended from 596
time to time, or the Internal Revenue Code of 1986 or any subsequent 597
corresponding internal revenue code of the United States, as amended 598
from time to time, one who shall have a favorable reputation for skill, 599
knowledge and experience in annuity products, one who shall have a 600
favorable reputation for skill, knowledge and experience in retirement 601
investment products, and one who shall have a favorable reputation for 602
skill, knowledge and experience in actuarial science. Each member 603
appointed pursuant to subdivisions (6) to (12), inclusive, of this 604
subsection shall serve an initial term of four years. Thereafter, said 605
members of the General Assembly and the Governor shall appoint 606
members of the board to succeed such appointees whose terms expire 607
and each member so appointed shall hold office for a term of six years 608
from July first in the year of his or her appointment. Any appointed 609
member who fails to attend three consecutive meetings or who fails to 610
attend fifty per cent of all meetings held during any calendar year shall 611
be deemed to have resigned from the board. 612
(c) All initial appointments to the board shall be made not later than 613
January 1, 2017. Any vacancy shall be filled by the appointing authority 614 Raised Bill No. 6664
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not later than thirty calendar days after the office becomes vacant. Any 615
member previously appointed to the board may be reappointed. 616
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 1-120
Sec. 2 October 1, 2021, and
applicable to contracts
entered into or renewed on
or after said date
New section
Sec. 3 July 1, 2021 New section
Sec. 4 July 1, 2021 New section
Sec. 5 October 1, 2021 New section
Sec. 6 October 1, 2021 New section
Sec. 7 October 1, 2021 New section
Sec. 8 October 1, 2021 1-122
Sec. 9 July 1, 2021 1-123
Sec. 10 July 1, 2021 New section
Sec. 11 October 1, 2021 1-84(i)
Sec. 12 October 1, 2021 2-90(h)
Sec. 13 October 1, 2021 52-146r
Sec. 14 July 1, 2021 32-35(b)
Sec. 15 July 1, 2021 10a-179(a)
Sec. 16 July 1, 2021 10a-179a(b)
Sec. 17 July 1, 2021 8-244(a)
Sec. 18 July 1, 2021 12-802(b)(3)
Sec. 19 July 1, 2021 16-245n(e)(1)
Sec. 20 July 1, 2021 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.]