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General Assembly Substitute Bill No. 6664
January Session, 2021
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 Section 1-120 of the general statutes is repealed and the 1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
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 Substitute Bill No. 6664
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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 separation 29
agreements and contracts entered into or renewed on or after said date) (a) For 30
the purposes of this section, "separation agreement" means an 31
agreement to pay less than fifty thousand dollars to an employee who 32
resigns or retires from employment with a quasi-public agency (1) for 33
the purposes of avoiding costs associated with potential litigation 34
related to such employment, or (2) pursuant to a nondisparagement 35
agreement. 36
(b) On and after October 1, 2021, each quasi-public agency shall 37
submit a copy of all (1) separation agreements, and (2) contracts with an 38
annual cost of over one million dollars or a duration of five years or 39
greater, to the Attorney General for review and comment prior to 40
entering into or renewing any such agreement or contract. As used in 41
this subsection, "contract" means any employment contract or 42
consulting contract that a quasi-public agency intends to enter into or 43
renew. 44
(c) On and after October 1, 2021, any quasi-public agency that intends 45
to enter into or renew a contract with a value of more than one million 46
dollars shall provide notice and an opportunity for public comment on 47
such contract at least two weeks prior to entering into or renewing such 48
contract. As used in this subsection, "contract" means a construction 49
contract or consulting contract, but excludes an employment contract. 50 Substitute Bill No. 6664
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Sec. 3. (NEW) (Effective July 1, 2021) The Commissioner of 51
Administrative Services shall examine operating procedures and 52
practices of existing quasi-public agencies. Not later than January 1, 53
2022, the Commissioner of Administrative Services shall develop and 54
publish on the Department of Administrative Services' Internet web site 55
model procedures regarding governance, organization and 56
procurement that are based on the best practices of existing quasi-public 57
agencies and which may be adopted by quasi-public agencies, in 58
accordance with the provisions of chapter 12 of the general statutes. 59
Such model procedures shall include, but need not be limited to, 60
procedures concerning: (1) Adopting an annual budget and plan of 61
operations; (2) hiring, dismissing, promoting and compensating 62
employees of the quasi-public agency; (3) adopting an affirmative action 63
policy; (4) acquiring personal property and personal services; (5) 64
contracting for financial, legal and other professional services; (6) 65
issuing bonds for the purpose of refunding or refinancing existing debt 66
of the quasi-public agency as required by the terms of such existing debt 67
and retiring bonds, bond anticipation notes and other obligations of the 68
quasi-public agency; and (7) using funds from state grants and other 69
grants. The commissioner shall update such model procedures as 70
necessary. 71
Sec. 4. (NEW) (Effective July 1, 2021) Any quasi-public agency 72
established on or after July 1, 2021, shall (1) adopt procedures, as defined 73
in section 1-120 of the general statutes, as amended by this act, setting 74
forth its organization and governance, and submit such procedures to 75
the joint standing committee of the General Assembly having 76
cognizance of matters relating to such quasi-public agency for review 77
prior to conducting any business; (2) hire an executive director, subject 78
to the approval of the board, and hire any staff necessary for its 79
operation; (3) create a written chart setting forth the hierarchy of 80
supervisory and nonsupervisory staff and other members of the quasi-81
public agency, and provide such chart (A) to the executive director, and 82
(B) to the joint standing committee of the General Assembly having 83
cognizance of matters relating to such quasi-public agency not less than 84 Substitute Bill No. 6664
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annually; (4) establish a budget and implement tracking software before 85
incurring any expenses, other than initial expenses associated with 86
establishing the quasi-public agency; and (5) establish an accounting 87
methodology using software that incorporates commonly accepted 88
accounting standards. The quasi-public agency shall submit a status 89
report summarizing the quasi-public agency's progress on complying 90
with the provisions of this section, in accordance with the provisions of 91
section 11-4a of the general statutes, to the joint standing committees of 92
the General Assembly having cognizance of matters relating to such 93
quasi-public agency and government administration, not later than six 94
months after the quasi-public agency is established, and shall submit an 95
updated report not later than six months after such initial submittal, and 96
annually thereafter. 97
Sec. 5. (NEW) (Effective October 1, 2021) Prior to incurring any 98
expense, a quasi-public agency shall obtain the approval of (1) the 99
executive director of the quasi-public agency, in the case of an expense 100
under five thousand dollars, and (2) the board of directors of the quasi-101
public agency, in the case of an expense that is five thousand dollars or 102
more. 103
Sec. 6. (NEW) (Effective October 1, 2021) (a) For the purposes of this 104
section, "appointing authority" means the person or body authorized to 105
make an appointment pursuant to a provision of the general statutes. 106
(b) Notwithstanding any provision of the general statutes, if a 107
vacancy occurs on the board of a quasi-public agency and (1) the board 108
has notified the appointing authority of such vacancy three months or 109
more after the occurrence of such vacancy, and (2) the appointment 110
remains unfilled by the appointing authority for a period greater than 111
six months after receipt of such notice, a quorum of the membership of 112
such board may fill such vacancy by voting to appoint a person who 113
satisfies the qualifications set forth in the authorizing statute to fill such 114
vacancy for the remainder of the term. Any subsequent appointment 115
shall be filled in the manner set forth in the authorizing statute, unless 116
the provisions of this section are applicable. 117 Substitute Bill No. 6664
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Sec. 7. (NEW) (Effective October 1, 2021) Any quasi-public agency that 118
receives notice that it is the subject of a state or federal regulatory or 119
criminal investigation or that receives a subpoena relating to a criminal 120
matter shall notify the joint standing committee of the General 121
Assembly having cognizance of matters relating to such quasi-public 122
agency, or, if none, the joint standing committee of the General 123
Assembly having cognizance of matters relating to government 124
administration, not later than fifteen days after receiving such notice or 125
subpoena. Such notification may be in electronic form. 126
Sec. 8. Section 1-122 of the general statutes is repealed and the 127
following is substituted in lieu thereof (Effective October 1, 2021): 128
The Auditors of Public Accounts shall [biennially] annually conduct 129
a compliance audit of each quasi-public agency's activities during the 130
[agency's two fiscal years preceding each such audit] preceding agency 131
fiscal year or contract with a person, firm or corporation for any such 132
audit or audits. Each such audit shall determine whether the quasi-133
public agency has complied with its regulations concerning affirmative 134
action, personnel practices, the purchase of goods and services, the use 135
of surplus funds and the distribution of loans, grants and other financial 136
assistance. Each audit shall include a review of all or a representative 137
sample of the agency's activities in such areas during [the relevant fiscal 138
years] such fiscal year. The Auditors of Public Accounts shall submit 139
each audit report to the Governor and to the joint standing committee 140
of the General Assembly having cognizance of matters relating to the 141
quasi-public agency, in accordance with the provisions of section 11-4a. 142
Each quasi-public agency shall pay the cost of conducting such 143
[biennial] annual compliance audit of the agency. If any such audit is 144
not completed within such annual period, the Auditors of Public 145
Accounts shall notify the joint standing committee of the General 146
Assembly having cognizance of matters relating to such quasi-public 147
agency of the delay and the anticipated date of completion for such 148
audit. 149
Sec. 9. Section 1-123 of the general statutes is repealed and the 150 Substitute Bill No. 6664
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following is substituted in lieu thereof (Effective July 1, 2021): 151
(a) The board of directors of each quasi-public agency shall annually 152
submit a report to the Governor and the Auditors of Public Accounts. 153
Such report shall include, but need not be limited to, the following: (1) 154
A list of all bond issues for the preceding fiscal year, including, for each 155
such issue, the financial advisor and underwriters, whether the issue 156
was competitive, negotiated or privately placed, and the issue's face 157
value and net proceeds; (2) a list of all projects other than those 158
pertaining to owner-occupied housing or student loans receiving 159
financial assistance during the preceding fiscal year, including each 160
project's purpose, location, and the amount of funds provided by the 161
agency; (3) a list of all outside individuals and firms receiving in excess 162
of five thousand dollars in the form of loans, grants or payments for 163
services, except for individuals receiving loans for owner-occupied 164
housing and education; (4) a complete set of financial statements; (5) the 165
cumulative value of all bonds issued, the value of outstanding bonds, 166
and the amount of the state's contingent liability; (6) the affirmative 167
action policy statement, a description of the composition of the agency's 168
work force by race, sex, and occupation and a description of the agency's 169
affirmative action efforts; and (7) a description of planned activities for 170
the current fiscal year. 171
(b) For the quarter commencing July 1, 2010, and for each quarter 172
thereafter, the board of directors of each quasi-public agency shall 173
submit a report to the Office of Fiscal Analysis. Such report shall 174
include, but not be limited to, for each fund and account of the agency: 175
(1) The beginning fiscal year balance; (2) all funds expended and all 176
revenue collected by the end of the quarter; and (3) total expenditures 177
and revenues estimated at the end of the fiscal year. For the purposes of 178
this subsection, "expenditures" and "revenues" have the same meaning 179
as provided in section 4-69. 180
(c) For the quarter commencing July 1, 2010, and for each quarter 181
thereafter, the board of directors of each quasi-public agency shall 182
submit a personnel status report to the Office of Fiscal Analysis. Such 183 Substitute Bill No. 6664
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report shall include, but not be limited to: (1) The total number of 184
employees by the end of the quarter; (2) the positions vacated and the 185
positions filled by the end of the quarter; and (3) the positions estimated 186
to be vacant and the positions estimated to be filled at the end of the 187
fiscal year. 188
(d) (1) On or before January 15, 2022, and annually thereafter, the 189
board of directors of each quasi-public agency shall submit a report, in 190
accordance with the provisions of section 11-4a, listing the salaries of all 191
of its employees to (A) the Comptroller, (B) the Office of Fiscal Analysis, 192
and (C) the joint standing committee of the General Assembly having 193
cognizance of matters relating to such quasi-public agency. 194
(2) Not less than thirty days prior to any action by the board of 195
directors on a proposed increase in salary for an employee, excluding 196
any increase due to a promotion, the board of directors of the quasi-197
public agency shall submit notice of the proposed change in salary to 198
the joint standing committee of the General Assembly having 199
cognizance of matters relating to such quasi-public agency, or, if none, 200
to the joint standing committee of the General Assembly having 201
cognizance of matters relating to appropriations and the budgets of state 202
agencies. As used in this subdivision, "increase in salary" means an 203
increase that (A) will result in a salary exceeding two hundred thousand 204
dollars a year, or (B) is equivalent to an increase of more than five per 205
cent. 206
(e) On or before January 15, 2022, and biennially thereafter, the board 207
of directors of each quasi-public agency shall submit a report to the joint 208
standing committee of the General Assembly having cognizance of 209
matters relating to such quasi-public agency, or, if none, to the joint 210
standing committee of the General Assembly having cognizance of 211
matters relating to government administration, in accordance with the 212
provisions of section 11-4a. Not later than August 1, 2021, the Secretary 213
of the Office of Policy and Management shall adopt guidelines 214
concerning the content and format of such report and shall mail a copy 215
of such guidelines to each quasi-public agency. Not later than thirty 216 Substitute Bill No. 6664
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days after receipt of such report or the commencement of the regular 217
session of the General Assembly, whichever is later, the joint standing 218
committee of the General Assembly having cognizance of matters 219
relating to the quasi-public agency submitting the report, or, if none, the 220
joint standing committee of the General Assembly having cognizance of 221
matters relating to government administration, shall hold a public 222
hearing concerning such report. A representative of the quasi-public 223
agency shall appear at such hearing to answer any questions of the 224
committee members. 225
Sec. 10. (NEW) (Effective July 1, 2021) Notwithstanding any provision 226
of the general statutes, the Secretary of the Office of Policy and 227
Management, or the secretary's designee, shall be an ex-officio member 228
of any finance committee formed by a quasi-public agency. Any such 229
finance committee shall notify the secretary electronically not less than 230
seven days prior to any scheduled meeting of the committee. 231
Sec. 11. Subsection (i) of section 1-84 of the general statutes is repealed 232
and the following is substituted in lieu thereof (Effective October 1, 2021): 233
(i) (1) No public official or state employee or member of the official 234
or employee's immediate family or a business with which he is 235
associated shall enter into any contract with the state, valued at one 236
hundred dollars or more, other than a contract (A) of employment as a 237
state employee, (B) with the Technical Education and Career System for 238
students enrolled in a school in the system to perform services in 239
conjunction with vocational, technical, technological or postsecondary 240
education and training any such student is receiving at a school in the 241
system, subject to the review process under subdivision (2) of this 242
subsection, (C) with a public institution of higher education to support 243
a collaboration with such institution to develop and commercialize any 244
invention or discovery, or (D) pursuant to a court appointment, unless 245
the contract has been awarded through an open and public process, 246
including prior public offer and subsequent public disclosure of all 247
proposals considered and the contract awarded. In no event shall an 248
executive head of an agency, as defined in section 4-166, including a 249 Substitute Bill No. 6664
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commissioner of a department, or an executive head of a quasi-public 250
agency, as defined in section 1-79, or the executive head's immediate 251
family or a business with which he is associated enter into any contract 252
with that agency or quasi-public agency. Nothing in this subsection 253
shall be construed as applying to any public official who is appointed as 254
a member of the executive branch [or as a member or director of a quasi-255
public agency] and who receives no compensation other than per diem 256
payments or reimbursement for actual or necessary expenses, or both, 257
incurred in the performance of the public official's duties unless such 258
public official has authority or control over the subject matter of the 259
contract. Any contract made in violation of this subsection shall be 260
voidable by a court of competent jurisdiction if the suit is commenced 261
not later than one hundred eighty days after the making of the contract. 262
(2) The superintendent of the Technical Education and Career System 263
shall establish an open and transparent process to review any contract 264
entered into under subparagraph (B) of subdivision (1) of this 265
subsection. 266
Sec. 12. Subsection (h) of section 2-90 of the general statutes is 267
repealed and the following is substituted in lieu thereof (Effective October 268
1, 2021): 269
(h) Where there are statutory or common law requirements of 270
confidentiality with regard to such records and accounts or 271
examinations of nongovernmental entities which are maintained by a 272
state agency, including, but not limited to, privilege by reason of an 273
attorney-client relationship, such requirements of confidentiality and 274
the penalties for the violation thereof shall apply to the auditors and to 275
their authorized representatives in the same manner and to the same 276
extent as such requirements of confidentiality and penalties apply to 277
such state agency. Any disclosure under this subsection of information 278
that is privileged by reason of an attorney-client relationship shall not 279
constitute a waiver of the privilege. In addition, the portion of (1) any 280
audit or report prepared by the Auditors of Public Accounts that 281
concerns the internal control structure of a state information system or 282 Substitute Bill No. 6664
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the identity of an employee who provides information regarding 283
alleged fraud or weaknesses in the control structure of a state agency 284
that may lead to fraud, or (2) any document that may reveal the identity 285
of such employee, shall not be subject to disclosure under the Freedom 286
of Information Act, as defined in section 1-200. 287
Sec. 13. Section 52-146r of the general statutes is repealed and the 288
following is substituted in lieu thereof (Effective October 1, 2021): 289
(a) As used in this section: 290
(1) "Authorized representative" means an individual empowered by 291
a public agency to assert the confidentiality of communications that are 292
privileged under this section; 293
(2) "Confidential communications" means all oral and written 294
communications transmitted in confidence between a public official or 295
employee of a public agency acting in the performance of his or her 296
duties or within the scope of his or her employment and a government 297
attorney relating to legal advice sought by the public agency or a public 298
official or employee of such public agency from that attorney, and all 299
records prepared by the government attorney in furtherance of the 300
rendition of such legal advice; 301
(3) "Government attorney" means a person admitted to the bar of this 302
state and employed by a public agency or retained by a public agency 303
or public official to provide legal advice to the public agency or a public 304
official or employee of such public agency; and 305
(4) "Public agency" means "public agency" as defined in section 1-200. 306
(b) In any civil or criminal case or proceeding or in any legislative or 307
administrative proceeding, all confidential communications shall be 308
privileged and a government attorney shall not disclose any such 309
communications unless an authorized representative of the public 310
agency consents to waive the privilege and allow such disclosure. In any 311
legislative proceeding, the disclosure by a government attorney who 312 Substitute Bill No. 6664
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represents a quasi-public agency, as defined in section 1-120, as 313
amended by this act, of confidential communications to a joint standing 314
committee of the General Assembly conducting an investigation under 315
section 2-46 shall not constitute a waiver of the privilege and such 316
confidential communications shall not be subject to disclosure under the 317
Freedom of Information Act, as defined in section 1-200. 318
Sec. 14. Subsection (b) of section 32-35 of the general statutes is 319
repealed and the following is substituted in lieu thereof (Effective July 1, 320
2021): 321
(b) The corporation shall be governed by a board of seventeen 322
directors. Nine members shall be appointed by the Governor, six of 323
whom shall be knowledgeable, and have favorable reputations for skill, 324
knowledge and experience, in the development of innovative start-up 325
businesses, including, but not limited to, expertise in academic research, 326
technology transfer and application, the development of technological 327
invention and new enterprise development and three of whom shall be 328
knowledgeable, and have favorable reputations for skill, knowledge 329
and experience, in the field of financial lending or the development of 330
commerce, trade and business. Four members shall be the 331
Commissioner of Economic and Communi ty Development, the 332
president of the Connecticut State Colleges and Universities, the 333
Treasurer and the Secretary of the Office of Policy and Management, 334
who shall serve ex officio and shall have all of the powers and privileges 335
of a member of the board of directors. Each ex-officio member may 336
designate his deputy or any member of his staff to represent him at 337
meetings of the corporation with full power to act and vote in his behalf. 338
Four members shall be appointed as follows: One by the president pro 339
tempore of the Senate, one by the minority leader of the Senate, one by 340
the speaker of the House of Representatives and one by the minority 341
leader of the House of Representatives. Each member appointed by the 342
Governor shall serve at the pleasure of the Governor but no longer than 343
the term of office of the Governor or until the member's successor is 344
appointed and qualified, whichever is longer. Each member appointed 345 Substitute Bill No. 6664
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by a member of the General Assembly shall serve in accordance with 346
the provisions of section 4-1a. A director shall be eligible for 347
reappointment. The Governor shall fill any vacancy for the unexpired 348
term of a member appointed by the Governor. The appropriate 349
legislative appointing authority shall fill any vacancy for the unexpired 350
term of a member appointed by such authority. Any appointed member 351
who fails to attend three consecutive meetings or who fails to attend 352
fifty per cent of all meetings held during any calendar year shall be 353
deemed to have resigned from the board. 354
Sec. 15. Subsection (a) of section 10a-179 of the general statutes is 355
repealed and the following is substituted in lieu thereof (Effective July 1, 356
2021): 357
(a) There is created a body politic and corporate to be known as the 358
"State of Connecticut Health and Educational Facilities Authority". Said 359
authority is constituted a public instrumentality and political 360
subdivision of the state and the exercise by the authority of the powers 361
conferred by this chapter shall be deemed and held to be the 362
performance of an essential public and governmental function. 363
Notwithstanding the provisions of the general statutes or any public or 364
special act, the board of directors of said authority shall consist of ten 365
members, two of whom shall be the Secretary of the Office of Policy and 366
Management and the State Treasurer, ex officio, and eight of whom shall 367
be residents of the state appointed by the Governor, not more than four 368
of such appointed members to be members of the same political party. 369
Three of the appointed members shall be current or retired trustees, 370
directors, officers or employees of institutions for higher education, two 371
of the appointed members shall be current or retired trustees, directors, 372
officers or employees of health care institutions and one of such 373
appointed members shall be a person having a favorable reputation for 374
skill, knowledge and experience in state and municipal finance, either 375
as a member of the financial business industry or as an officer or 376
employee of an insurance company or bank whose duties relate to the 377
purchase of state and municipal securities as an investment and to the 378 Substitute Bill No. 6664
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management and control of a state and municipal securities portfolio. 379
On or before the first day of July, annually, the Governor shall appoint 380
a member or members to succeed those whose terms expire, each for a 381
term of five years and until a successor is appointed and has qualified. 382
The Governor shall fill any vacancy for the unexpired term. A member 383
of the board shall be eligible for reappointment. Any member of the 384
board may be removed by the Governor for misfeasance, malfeasance 385
or wilful neglect of duty. Each member of the board shall take and 386
subscribe the oath or affirmation required by article XI, section 1, of the 387
State Constitution prior to assuming such office. A record of each such 388
oath shall be filed in the office of the Secretary of the State. Each ex-389
officio member may designate a deputy or any member of such 390
member's staff to represent him or her as a member at meetings of the 391
board with full power to act and vote in his or her behalf. Any appointed 392
member who fails to attend three consecutive meetings or who fails to 393
attend fifty per cent of all meetings held during any calendar year shall 394
be deemed to have resigned from the board. 395
Sec. 16. Subsection (b) of section 10a-179a of the general statutes is 396
repealed and the following is substituted in lieu thereof (Effective July 1, 397
2021): 398
(b) The Connecticut Higher Education Supplemental Loan Authority 399
shall be governed by a board of directors consisting of the following 400
nine members: (1) The State Treasurer, or the Treasurer's designee, who 401
shall serve as an ex-officio voting member; (2) the Secretary of the Office 402
of Policy and Management, or the secretary's designee, who shall serve 403
as an ex-officio voting member; (3) the president of the Connecticut State 404
Colleges and Universities, or the president's designee, who shall serve 405
as an ex-officio voting member; (4) the chairperson of the board of 406
directors of the Connecticut Health and Educational Facilities 407
Authority; (5) the executive director of the Connecticut Health and 408
Educational Facilities Authority; (6) two residents of the state, each of 409
whom is an active or retired trustee, director, officer or employee of a 410
Connecticut institution for higher education, appointed by the board of 411 Substitute Bill No. 6664
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directors of the Connecticut Health and Educational Facilities 412
Authority; (7) a resident of this state with a favorable reputation for skill, 413
knowledge and experience in the higher education loan field, appointed 414
by the board of directors of the Connecticut Health and Educational 415
Facilities Authority; and (8) a resident of this state with a favorable 416
reputation for skill, knowledge and experience in either the higher 417
education loan field or in state and municipal finance, appointed by the 418
board of directors of the Connecticut Health and Educational Facilities 419
Authority. Of the four appointed members, not more than two may be 420
members of the same political party. One appointed member shall serve 421
until the earlier of July 1, 2017, or, if such person was a member of the 422
Connecticut Higher Education Supplemental Loan Authority board on 423
June 30, 2012, the date on which such member's then current term was 424
originally scheduled to end. One appointed member shall serve until the 425
earlier of July 1, 2018, or, if such person was a member of the 426
Connecticut Higher Education Supplemental Loan Authority board on 427
June 30, 2012, the date on which such member's then current term was 428
originally scheduled to end. Except as provided in this subsection and 429
notwithstanding the original date of expiration of the term of any person 430
who is an appointed member of the Connecticut Higher Education 431
Supplemental Loan Authority board on June 30, 2012, the term of all 432
such persons shall expire on July 1, 2012. The Connecticut Health and 433
Educational Facilities Authority board shall appoint a member or 434
members each for a term of six years or until his or her successor is 435
appointed and has qualified to succeed the members whose terms 436
expire. Said authority board shall fill any vacancy for the unexpired 437
term. A member of the Connecticut Higher Education Supplemental 438
Loan Authority board shall be eligible for reappointment. Any member 439
of the Connecticut Higher Education Supplemental Loan Authority 440
board may be removed by the appointing authority for misfeasance, 441
malfeasance or wilful neglect of duty. Each member of the Connecticut 442
Higher Education Supplemental Loan Authority board before entering 443
upon his or her duties shall take and subscribe the oath or affirmation 444
required by section 1 of article eleventh of the State Constitution. A 445
record of each such oath shall be filed in the office of the Secretary of the 446 Substitute Bill No. 6664
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State. Any appointed member who fails to attend three consecutive 447
meetings or who fails to attend fifty per cent of all meetings held during 448
any calendar year shall be deemed to have resigned from the board. 449
Sec. 17. Subsection (a) of section 8-244 of the general statutes is 450
repealed and the following is substituted in lieu thereof (Effective July 1, 451
2021): 452
(a) There is created a body politic and corporate to be known as the 453
"Connecticut Housing Finance Authority". Said authority is constituted 454
a public instrumentality and political subdivision of this state and the 455
exercise by the authority of the powers conferred by this chapter shall 456
be deemed and held to be the performance of an essential public and 457
governmental function. The Connecticut Housing Finance Authority 458
shall not be construed to be a department, institution or agency of the 459
state. The board of directors of the authority shall consist of sixteen 460
members as follows: (1) The Commissioner of Economic and 461
Community Development, the Commissioner of Housing, the Secretary 462
of the Office of Policy and Management, the Banking Commissioner and 463
the State Treasurer, ex officio, or their designees, with the right to vote, 464
(2) seven members to be appointed by the Governor, and (3) four 465
members appointed as follows: One by the president pro tempore of the 466
Senate, one by the speaker of the House of Representatives, one by the 467
minority leader of the Senate and one by the minority leader of the 468
House of Representatives. The member initially appointed by the 469
speaker of the House of Representatives shall serve a term of five years; 470
the member initially appointed by the president pro tempore of the 471
Senate shall serve a term of four years. The members initially appointed 472
by the Senate minority leader shall serve a term of three years. The 473
member initially appointed by the minority leader of the House of 474
Representatives shall serve a term of two years. Thereafter, each 475
member appointed by a member of the General Assembly shall serve a 476
term of five years. The members appointed by the Governor and the 477
members of the General Assembly shall be appointed in accordance 478
with section 4-9b and among them be experienced in all aspects of 479 Substitute Bill No. 6664
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housing, including housing design, development, finance, management 480
and state and municipal finance, and at least one of whom shall be 481
selected from among the officers or employees of the state. At least one 482
shall have experience in the provision of housing to very low, low and 483
moderate income families. On or before July first, annually, the 484
Governor shall appoint a member for a term of five years from said July 485
first to succeed the member whose term expires and until such 486
member's successor has been appointed, except that in 1974 and 1995 487
and quinquennially thereafter, the Governor shall appoint two 488
members. The chairperson of the board shall be appointed by the 489
Governor. The board shall annually elect one of its appointed members 490
as vice-chairperson of the board. Members shall receive no 491
compensation for the performance of their duties hereunder but shall be 492
reimbursed for necessary expenses incurred in the performance thereof. 493
The Governor or appointing member of the General Assembly, as the 494
case may be, shall fill any vacancy for the unexpired term. A member of 495
the board shall be eligible for reappointment. Any member of the board 496
may be removed by the Governor or appointing member of the General 497
Assembly, as the case may be, for misfeasance, malfeasance or wilful 498
neglect of duty. Each member of the board before entering upon such 499
member's duties shall take and subscribe the oath of affirmation 500
required by article XI, section 1, of the State Constitution. A record of 501
each such oath shall be filed in the office of the Secretary of the State. 502
Each ex-officio member may designate such member's deputy or any 503
member of such member's staff to represent such member at meetings 504
of the board with full power to act and vote on such member's behalf. 505
Any appointed member who fails to attend three consecutive meetings 506
or who fails to attend fifty per cent of all meetings held during any 507
calendar year shall be deemed to have resigned from the board. 508
Sec. 18. Subdivision (3) of subsection (b) of section 12-802 of the 509
general statutes is repealed and the following is substituted in lieu 510
thereof (Effective July 1, 2021): 511
(3) Any appointed director shall be eligible for reappointment. The 512 Substitute Bill No. 6664
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Commissioner of Consumer Protection shall not serve as a director. Any 513
appointed director who fails to attend three consecutive meetings or 514
who fails to attend fifty per cent of all meetings held during any 515
calendar year shall be deemed to have resigned from the board. Any 516
director may be removed by order of the Superior Court upon 517
application of the Attorney General for misfeasance, malfeasance or 518
wilful neglect of duty. Such actions shall be tried to the court without a 519
jury and shall be privileged in assignment for hearing. If the court, after 520
hearing, finds there is clear and convincing evidence of such 521
misfeasance, malfeasance or wilful neglect of duty it shall order the 522
removal of such director. Any director so removed shall not be 523
reappointed to the board. 524
Sec. 19. Subdivision (1) of subsection (e) of section 16-245n of the 525
general statutes is repealed and the following is substituted in lieu 526
thereof (Effective July 1, 2021): 527
(e) (1) The powers of the Connecticut Green Bank shall be vested in 528
and exercised by a board of directors, which shall consist of eleven 529
voting and two nonvoting members each with knowledge and expertise 530
in matters related to the purpose and activities of said bank appointed 531
as follows: The Treasurer or the Treasurer's designee, the Commissioner 532
of Energy and Environmental Protection or the commissioner's designee 533
and the Commissioner of Economic and Community Development or 534
the commissioner's designee, each serving ex officio, one member who 535
shall represent a residential or low-income group appointed by the 536
speaker of the House of Representatives for a term of four years, one 537
member who shall have experience in investment fund management 538
appointed by the minority leader of the House of Representatives for a 539
term of three years, one member who shall represent an environmental 540
organization appointed by the president pro tempore of the Senate for 541
a term of four years, and one member who shall have experience in the 542
finance or deployment of renewable energy appointed by the minority 543
leader of the Senate for a term of four years. Thereafter, such members 544
of the General Assembly shall appoint members of the board to succeed 545 Substitute Bill No. 6664
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such appointees whose terms expire and each member so appointed 546
shall hold office for a period of four years from the first day of July in 547
the year of his or her appointment. The Governor shall appoint four 548
members to the board as follows: Two for two years who shall have 549
experience in the finance of renewable energy; one for four years who 550
shall be a representative of a labor organization; and one who shall have 551
experience in research and development or manufacturing of clean 552
energy. Thereafter, the Governor shall appoint members of the board to 553
succeed such appointees whose terms expire and each member so 554
appointed shall hold office for a period of four years from the first day 555
of July in the year of his or her appointment. Any appointed member 556
who fails to attend three consecutive meetings or who fails to attend 557
fifty per cent of all meetings held during any calendar year shall be 558
deemed to have resigned from the board. The president of the 559
Connecticut Green Bank shall be elected by the members of the board. 560
The president of the Connecticut Green Bank shall serve on the board in 561
an ex-officio, nonvoting capacity. The Governor shall appoint the 562
chairperson of the board. The board shall elect from its members a vice 563
chairperson and such other officers as it deems necessary and shall 564
adopt such bylaws and procedures it deems necessary to carry out its 565
functions. The board may establish committees and subcommittees as 566
necessary to conduct its business. 567
Sec. 20. Subsections (b) and (c) of section 31-417 of the general statutes 568
are repealed and the following is substituted in lieu thereof (Effective July 569
1, 2021): 570
(b) The powers of the authority shall be vested in and exercised by a 571
board of directors, which shall consist of fifteen voting members, each a 572
resident of the state, (1) the State Treasurer who shall serve as an ex-573
officio voting member; (2) the State Comptroller who shall serve as an 574
ex-officio voting member; (3) the Secretary of the Office of Policy and 575
Management who shall serve as an ex-officio voting member; (4) the 576
Banking Commissioner who shall serve as an ex-officio voting member; 577
(5) the Labor Commissioner who shall serve as an ex-officio voting 578 Substitute Bill No. 6664
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member; (6) one appointed by the speaker of the House of 579
Representatives, who shall have a favorable reputation for skill, 580
knowledge and experience in the interests of the needs of aging 581
population; (7) one appointed by the majority leader of the House of 582
Representatives, who shall have a favorable reputation for skill, 583
knowledge and experience in the interests of small employers in 584
retirement savings; (8) one appointed by the minority leader of the 585
House of Representatives, who shall have a favorable reputation for 586
skill, knowledge and experience in the interests of retirement 587
investment products; (9) one appointed by the president pro tempore of 588
the Senate, who shall have a favorable reputation for skill, knowledge 589
and experience in the interests of employees in retirement savings; (10) 590
one appointed by the majority leader of the Senate, who shall have a 591
favorable reputation for skill, knowledge and experience in retirement 592
plan designs; (11) one appointed by the minority leader of the Senate, 593
who shall have a favorable reputation for skill, knowledge and 594
experience in the interests of retirement plan brokers; and (12) four 595
appointed by the Governor, one who shall have a favorable reputation 596
for skill, knowledge and experience in matters regarding the federal 597
Employment Retirement Income Security Act of 1974, as amended from 598
time to time, or the Internal Revenue Code of 1986 or any subsequent 599
corresponding internal revenue code of the United States, as amended 600
from time to time, one who shall have a favorable reputation for skill, 601
knowledge and experience in annuity products, one who shall have a 602
favorable reputation for skill, knowledge and experience in retirement 603
investment products, and one who shall have a favorable reputation for 604
skill, knowledge and experience in actuarial science. Each member 605
appointed pursuant to subdivisions (6) to (12), inclusive, of this 606
subsection shall serve an initial term of four years. Thereafter, said 607
members of the General Assembly and the Governor shall appoint 608
members of the board to succeed such appointees whose terms expire 609
and each member so appointed shall hold office for a term of six years 610
from July first in the year of his or her appointment. Any appointed 611
member who fails to attend three consecutive meetings or who fails to 612
attend fifty per cent of all meetings held during any calendar year shall 613 Substitute Bill No. 6664
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be deemed to have resigned from the board. 614
(c) All initial appointments to the board shall be made not later than 615
January 1, 2017. Any vacancy shall be filled by the appointing authority 616
not later than thirty calendar days after the office becomes vacant. Any 617
member previously appointed to the board may be reappointed. 618
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 separation
agreements and 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 Legislative Commissioners:
In Section 2, "separation agreements and" was inserted in the effective
date provision for consistency, in Sections 3 and 4, "rules of procedure"
was changed to "procedures" for consistency with the defined term, in Substitute Bill No. 6664
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Section 4(4), "implement" was added before "tracking" for clarity, in
Section 6(b), "at least three months" was changed to "three months or
more" for clarity and in Section 9(d)(1), "concerning" was changed to
"listing" for clarity.
GAE Joint Favorable Subst. -LCO