Connecticut 2021 Regular Session

Connecticut Senate Bill SB00824 Compare Versions

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7-General Assembly Substitute Bill No. 824
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6+General Assembly Raised Bill No. 824
87 January Session, 2021
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11+Referred to Committee on HIGHER EDUCATION AND
12+EMPLOYMENT ADVANCEMENT
13+
14+
15+Introduced by:
16+(HED)
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1421 AN ACT REQUIRING TRA INING FOR THE MEMBER S OF THE
15-GOVERNING BOARDS OF INSTITUTIONS OF HIGHER EDUCATION
16-AND CONCERNING THE CONNECTICUT STATE CO LLEGES AND
17-UNIVERSITIES' BUDGET AND AUTHORITY TO ME RGE OR CLOSE
18-INSTITUTIONS.
22+GOVERNING BOARDS OF THE INSTITUTIONS OF HIGHER
23+EDUCATION IN THE STATE.
1924 Be it enacted by the Senate and House of Representatives in General
2025 Assembly convened:
2126
2227 Section 1. (NEW) (Effective July 1, 2021) (a) Not later than January 1, 1
2328 2022, each governing board of an independent institution of higher 2
24-education in the state shall establish a policy requiring that any new 3
25-member of such governing board, who has not previously served on 4
26-such governing board, receive instruction and training in (1) financial 5
27-management of institutions of higher education, (2) legal and fiduciary 6
28-responsibilities of a member of such governing board, and (3) applicable 7
29-standards for accreditation of institutions of higher education and 8
30-programs of higher learning. Such instruction and training shall be 9
31-completed within the first year of a new member joining a governing 10
32-board. 11
33-(b) Not later than January 1, 2022, each independent institution of 12
34-higher education shall post on its Internet web site (1) the policy 13
35-established by its governing board pursuant to subsection (a) of this 14
36-section, and (2) a summary of the instruction and training received by 15
37-the members of its governing board in accordance with such policy. 16 Substitute Bill No. 824
29+education in the state shall establish a policy requiring that each 3
30+member of the governing board receive instruction and training at least 4
31+once every four years in financial management of institutions of higher 5
32+education, legal and fiduciary responsibilities of a member of such 6
33+governing board and applicable standards for accreditation of 7
34+institutions of higher education and programs of higher learning. 8
35+(b) Not later than January 1, 2022, each independent institution of 9
36+higher education shall post on its Internet web site the policy established 10
37+by its governing board pursuant to subsection (a) of this section. Not 11
38+later than January 1, 2022, and every four years thereafter, each such 12
39+institution shall post on its Internet web site a summary of the 13
40+instruction and training received by the members of its governing board 14 Raised Bill No. 824
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44-Sec. 2. (NEW) (Effective July 1, 2021) (a) Not later than January 1, 2022, 17
45-the Board of Regents for Higher Education and the Board of Trustees of 18
46-The University of Connecticut shall each adopt a policy requiring that 19
47-any new member of said boards receive instruction and training in (1) a 20
48-board member's duties to the state and the public institution of higher 21
49-education governed by the board, (2) each committee of the board, 22
50-including, but not limited to, the executive committee, and its functions, 23
51-(3) professional accounting and reporting standards, (4) methods for 24
52-meeting the statutory, regulatory and fiduciary obligations of the board, 25
53-(5) the provisions of the Freedom of Information Act, as defined in 26
54-section 1-200 of the general statutes, (6) a board member's institutional 27
55-and statutory ethical responsibilities, (7) the development and 28
56-implementation of institutional policies, (8) business operations, 29
57-administration, budgeting, financing, financial reporting, financial 30
58-reserves and endowment managing relevant to institutions of higher 31
59-education, (9) student tuition, mandatory fees and student debt trends, 32
60-(10) oversight of planning, construction, maintenance, expansion and 33
61-renovation projects that impact the infrastructure, physical facilities and 34
62-natural environment of the public institution of higher education 35
63-governed by the board, (11) workforce planning, strategy and 36
64-investment, (12) institutional advancement, including, but not limited 37
65-to, philanthropic giving, fundraising initiatives, alumni programming, 38
66-communications and media, government and public relations and 39
67-community affairs, (13) student welfare issues, including, but not 40
68-limited to, academic studies, curriculum, residence life, student 41
69-governance and activities and the general physical and mental well-42
70-being of students, (14) current and anticipated issues in higher 43
71-education, and (15) any other topics each governing board deems 44
72-necessary. Such instruction and training shall be completed within the 45
73-first year of appointment or election of a new member to such boards. 46
74-(b) Not later than January 1, 2022, each public institution of higher 47
75-education shall post on its Internet web site (1) the policy established by 48
76-its governing board pursuant to subsection (a) of this section, and (2) a 49
77-summary of the instruction and training received by the members of its 50 Substitute Bill No. 824
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46+pursuant to subsection (a) of this section. 15
47+Sec. 2. (NEW) (Effective July 1, 2021) (a) Not later than January 1, 2022, 16
48+the Board of Regents for Higher Education and the Board of Trustees of 17
49+The University of Connecticut shall each adopt a policy requiring that 18
50+each member of said boards receive instruction and training at least 19
51+once every four years in (1) a board member's duties to the state and the 20
52+public institution of higher education governed by the board, (2) each 21
53+committee of the board, including, but not limited to, the executive 22
54+committee, and its functions, (3) professional accounting and reporting 23
55+standards, (4) methods for meeting the statutory, regulatory and 24
56+fiduciary obligations of the board, (5) the provisions of the Freedom of 25
57+Information Act, as defined in section 1-200 of the general statutes, (6) a 26
58+board member's institutional and statutory ethical responsibilities, (7) 27
59+the development and implementation of institutional policies, (8) 28
60+business operations, administration, budgeting, financing, financial 29
61+reporting, financial reserves and endowment managing relevant to 30
62+institutions of higher education, (9) student tuition, mandatory fees and 31
63+student debt trends, (10) oversight of planning, construction, 32
64+maintenance, expansion and renovation projects that impact the 33
65+infrastructure, physical facilities and natural environment of the public 34
66+institution of higher education governed by the board, (11) workforce 35
67+planning, strategy and investment, (12) institutional advancement, 36
68+including, but not limited to, philanthropic giving, fundraising 37
69+initiatives, alumni programming, communications and media, 38
70+government and public relations and community affairs, (13) student 39
71+welfare issues, including, but not limited to, academic studies, 40
72+curriculum, residence life, student governance and activities and the 41
73+general physical and mental well-being of students, (14) current and 42
74+anticipated issues in higher education, and (15) any other topics each 43
75+governing board deems necessary. 44
76+(b) Not later than January 1, 2022, each public institution of higher 45
77+education shall post on its Internet web site the policy established by its 46
78+governing board pursuant to subsection (a) of this section. Not later than 47
79+January 1, 2022, and every four years thereafter, each such institution 48 Raised Bill No. 824
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84-governing board in accordance with such policy. 51
85-Sec. 3. Section 10a-8 of the general statutes is repealed and the 52
86-following is substituted in lieu thereof (Effective July 1, 2021): 53
87-(a) The provisions of sections 4-77 and 4-78 shall not apply to the 54
88-constituent units of the state system of higher education, and for the 55
89-purposes of said sections only, the Board of Regents for Higher 56
90-Education shall be deemed the budgeted agency for the Connecticut 57
91-State University System, the regional community-technical college 58
92-system, [and] Charter Oak State College and the central office of the 59
93-Connecticut State Colleges and Universities. The Board of Regents for 60
94-Higher Education shall develop a formula or program-based budgeting 61
95-system to be used by each institution in preparing operating budgets. 62
96-The Board of Regents for Higher Education shall prepare a single 63
97-budget request itemized by the Connecticut State University System, the 64
98-regional community-technical college system, [and] Charter Oak State 65
99-College and the central office of the Connecticut State Colleges and 66
100-Universities using the formula or program-based budgeting system and 67
101-shall submit such budget request displaying all operating funds to the 68
102-Secretary of the Office of Policy and Management in accordance with 69
103-sections 4-77 and 4-78, subject to procedures developed by the Board of 70
104-Regents for Higher Education and approved by said secretary. The 71
105-budget request shall set forth, in the form prescribed by the Board of 72
106-Regents for Higher Education, a proposed expenditure plan which shall 73
107-include: (1) The total amount requested for such appropriation account; 74
108-(2) the amount to be appropriated from the General Fund; and (3) the 75
109-amount to be paid from the tuition revenues of the regional community-76
110-technical college system, [and] the Connecticut State University System 77
111-and Charter Oak State College. After review and comment by the Board 78
112-of Regents for Higher Education, the proposed expenditure plans shall 79
113-be incorporated into the single public higher education budget request 80
114-including recommendations, if any, by said board. Any tuition increase 81
115-proposed by the regional community-technical college system, [and] the 82
116-Connecticut State University System and Charter Oak State College for 83 Substitute Bill No. 824
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123-the fiscal year to which the budget request relates shall be included in 84
124-the single public higher education budget request submitted by the 85
125-Board of Regents for Higher Education for such fiscal year, provided if 86
126-the General Assembly does not appropriate the amount requested by 87
127-any such system or college, such system or college may increase tuition 88
128-and fees by an amount greater than that included in the budget request 89
129-in response to which the appropriation was made. The General 90
130-Assembly shall make appropriations directly to the constituent units. 91
131-Allotment reductions made pursuant to the provisions of subsections 92
132-(b) and (c) of section 4-85 shall be applied by the Board of Regents for 93
133-Higher Education among the appropriations to the constituent units and 94
134-the central office without regard to the limitations on reductions 95
135-provided in said section, except that said limitations shall apply to the 96
136-total of the amounts appropriated. The Board of Regents for Higher 97
137-Education shall apply such reductions after consultation with the 98
138-Secretary of the Office of Policy and Management. Any reductions of 99
139-more than five per cent of the appropriations of any constituent units 100
140-shall be submitted to the appropriations committee which shall, within 101
141-thirty days, approve or reject such reduction. 102
142-(b) The boards of trustees of each of the constituent units may transfer 103
143-to or from any specific appropriation of such constituent unit a sum or 104
144-sums totaling up to fifty thousand dollars or ten per cent of any such 105
145-specific appropriation, whichever is less, in any fiscal year without the 106
146-consent of the Finance Advisory Committee. Any such transfer shall be 107
147-reported to the Finance Advisory Committee within thirty days of such 108
148-transfer and such report shall be a record of said committee. 109
149-Sec. 4. Subsection (b) of section 10a-77 of the general statutes is 110
150-repealed and the following is substituted in lieu thereof (Effective July 1, 111
151-2021): 112
152-(b) The Board of [Trustees of the Community-Technical Colleges] 113
153-Regents for Higher Education shall establish and administer a fund to 114
154-be known as the Regional Community-Technical Colleges Operating 115
155-Fund. Appropriations from general revenues of the state and, upon 116 Substitute Bill No. 824
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162-request by the board and with an annual review and approval by the 117
163-Secretary of the Office of Policy and Management, the amount of the 118
164-appropriations for fringe benefits and workers' compensation 119
165-applicable to the regional community-technical colleges pursuant to 120
166-subsection (a) of section 4-73, shall be transferred from the Comptroller, 121
167-and all tuition revenue received by the regional community-technical 122
168-colleges in accordance with the provisions of subsection (a) of this 123
169-section shall be deposited in said fund. Income from student fees or 124
170-related charges; the proceeds of auxiliary activities and business 125
171-enterprises, gifts and donations; federal funds and grants for purposes 126
172-other than research, and all receipts derived from the conduct by the 127
173-colleges of their education extension programs and summer school 128
174-sessions shall be credited to said fund but shall be allocated to the central 129
175-office and institutional operating accounts which shall be established 130
176-and maintained for the central office and each community-technical 131
177-college. If the Secretary of the Office of Policy and Management 132
178-disapproves such transfer, the secretary may require the amount of the 133
179-appropriation for operating expenses to be used for personal services 134
180-and fringe benefits to be excluded from said fund. The State Treasurer 135
181-shall review and approve the transfer prior to such request by the board. 136
182-[of trustees.] The board shall establish an equitable policy, in accordance 137
183-with section 10a-8, as amended by this act, for allocation of 138
184-appropriations from general revenues of the state, fringe benefits 139
185-transferred from the Comptroller and tuition revenue deposited in the 140
186-Regional Community-Technical Colleges Operating Fund. At the 141
187-beginning of each quarter of the fiscal year, the board shall allocate and 142
188-transfer, in accordance with said policy, moneys for expenditure in such 143
189-institutional operating accounts, exclusive of amounts retained for 144
190-central office operations and reasonable reserves for future distribution. 145
191-All costs of waiving or remitting tuition pursuant to subsection (f) of this 146
192-section shall be charged to the Regional Community-Technical Colleges 147
193-Operating Fund. Repairs, alterations or additions to facilities supported 148
194-by operating funds and costing one million dollars or more shall require 149
195-the approval of the General Assembly, or when the General Assembly 150
196-is not in session, of the Finance Advisory Committee. Any balance of 151 Substitute Bill No. 824
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203-receipts above expenditures shall remain in said fund, except such sums 152
204-as may be required for deposit into a debt service fund or the General 153
205-Fund for further payment by the Treasurer of debt service on general 154
206-obligation bonds of the state issued for purposes of the regional 155
207-community-technical colleges. 156
208-Sec. 5. Subsection (b) of section 10a-99 of the general statutes is 157
209-repealed and the following is substituted in lieu thereof (Effective July 1, 158
210-2021): 159
211-(b) The Board of [Trustees of the Connecticut State University 160
212-System] Regents for Higher Education shall establish and administer a 161
213-fund to be known as the Connecticut State University System Operating 162
214-Fund. Appropriations from general revenues of the state and upon 163
215-request by the Connecticut State University System and with the annual 164
216-review and approval by the Secretary of the Office of Policy and 165
217-Management, the amount of the appropriations for fringe benefits 166
218-pursuant to subsection (a) of section 4-73, shall be transferred from the 167
219-State Comptroller and all tuition revenue received by the Connecticut 168
220-State University System in accordance with the provisions of subsection 169
221-(a) of this section shall be deposited in said fund. Income from student 170
222-fees or related charges, the proceeds of auxiliary activities and business 171
223-enterprises, gifts and donations, federal funds and grants, subject to the 172
224-provisions of sections 10a-98 to 10a-98g, inclusive, and all receipts 173
225-derived from the conduct by a state university of its education extension 174
226-program and its summer school session shall be credited to said fund 175
227-but shall be allocated to the central office and institutional operating 176
228-accounts which shall be established and maintained for the central office 177
229-and each state university. Any such gifts and donations, federal funds 178
230-and grants for purposes of research shall be allocated to separate 179
231-accounts within such central office and institutional operating accounts. 180
232-If the Secretary of the Office of Policy and Management disapproves 181
233-such transfer, [he] the secretary may require the amount of the 182
234-appropriation for operating expenses to be used for personal services 183
235-and fringe benefits to be excluded from said fund. The State Treasurer 184 Substitute Bill No. 824
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242-shall review and approve the transfer prior to such request by the 185
243-university. The board [of trustees] shall establish an equitable policy, in 186
244-accordance with section 10a-8, as amended by this act, for allocation of 187
245-appropriations from general revenues of the state, fringe benefits 188
246-transferred from the State Comptroller and tuition revenue deposited in 189
247-the Connecticut State University System Operating Fund. At the 190
248-beginning of each quarter of the fiscal year, the board shall allocate and 191
249-transfer, in accordance with said policy, moneys for expenditure in such 192
250-institutional operating accounts, exclusive of amounts retained for 193
251-central office operations and reasonable reserves for future distribution. 194
252-All costs of waiving or remitting tuition pursuant to subsection (f) of this 195
253-section shall be charged to the Connecticut State University System 196
254-Operating Fund. Repairs, alterations or additions to facilities supported 197
255-by the Connecticut State University System Operating Fund and costing 198
256-one million dollars or more shall require the approval of the General 199
257-Assembly, or when the General Assembly is not in session, of the 200
258-Finance Advisory Committee. Any balance of receipts above 201
259-expenditures shall remain in said fund, except such sums as may be 202
260-required for deposit into a debt service fund or the General Fund for 203
261-further payment by the Treasurer of debt service on general obligation 204
262-bonds of the state issued for purposes of the Connecticut State 205
263-University System. 206
264-Sec. 6. Subsection (a) of section 10a-6 of the general statutes is 207
265-repealed and the following is substituted in lieu thereof (Effective July 1, 208
266-2021): 209
267-(a) The Board of Regents for Higher Education shall: (1) Establish 210
268-policies and guidelines for the Connecticut State University System, the 211
269-regional community-technical college system and Charter Oak State 212
270-College; (2) develop a master plan for higher education and 213
271-postsecondary education at the Connecticut State University System, 214
272-the regional community-technical college system and Charter Oak State 215
273-College consistent with the goals identified in section 10a-11c; (3) 216
274-establish tuition and student fee policies for the Connecticut State 217 Substitute Bill No. 824
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281-University System, the regional community-technical college system 218
282-and Charter Oak State College; (4) monitor and evaluate the 219
283-effectiveness and viability of the state universities, the regional 220
284-community-technical colleges and Charter Oak State College in 221
285-accordance with criteria established by the board; (5) [merge or close] 222
286-recommend a merger or closing of institutions within the Connecticut 223
287-State University System, the regional community-technical college 224
288-system and Charter Oak State College in accordance with criteria 225
289-established by the board, provided (A) such [recommended merger or 226
290-closing] recommendation shall require a two-thirds vote of the board, 227
291-[and] (B) notice of such recommended merger or closing shall be sent, 228
292-in accordance with the provisions of section 11-4a, to the joint standing 229
293-committee of the General Assembly having cognizance over matters 230
294-relating to higher education, and [to the General Assembly] (C) such 231
295-recommended merger or closing shall be approved by a majority vote 232
296-of both houses of the General Assembly or rejected by a majority vote of 233
297-either house of the General Assembly not later than one year after 234
298-receiving notice by the board pursuant to subparagraph (A) of this 235
299-subdivision or the adjournment of the next regular session of the 236
300-General Assembly, whichever is later, provided if the General Assembly 237
301-fails to act, such recommended merger or closing shall be deemed 238
302-approved; (6) review and approve mission statements for the 239
303-Connecticut State University System, the regional community-technical 240
304-college system and Charter Oak State College and role and scope 241
305-statements for the individual institutions and campuses of such 242
306-constituent units; (7) review and approve any recommendations for the 243
307-establishment of new academic programs submitted to the board by the 244
308-state universities within the Connecticut State University System, the 245
309-regional community-technical colleges and Charter Oak State College, 246
310-and, in consultation with the affected constituent units, provide for the 247
311-initiation, consolidation or termination of academic programs; (8) 248
312-develop criteria to ensure acceptable quality in (A) programs at the 249
313-Connecticut State University System, the regional community-technical 250
314-college system and Charter Oak State College, and (B) institutions 251
315-within the Connecticut State University System and the regional 252 Substitute Bill No. 824
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322-community-technical college system and enforce standards through 253
323-licensing and accreditation; (9) prepare and present to the Governor and 254
324-General Assembly, in accordance with section 10a-8, consolidated 255
325-operating and capital expenditure budgets for the Connecticut State 256
326-University System, the regional community-technical college system 257
327-and Charter Oak State College developed in accordance with the 258
328-provisions of said section 10a-8; (10) review and make 259
329-recommendations on plans received from the Connecticut State 260
330-University System, the regional community-technical college system 261
331-and Charter Oak State College to implement the goals identified in 262
332-section 10a-11c; (11) appoint advisory committees with representatives 263
333-from public and independent institutions of higher education to study 264
334-methods and proposals for coordinating efforts of the public institutions 265
335-of higher education under its jurisdiction with The University of 266
336-Connecticut and the independent institutions of higher education to 267
337-implement the goals identified in section 10a-11c; (12) evaluate (A) 268
338-means of implementing the goals identified in section 10a-11c, and (B) 269
339-any recommendations made by the Planning Commission for Higher 270
340-Education in implementing the strategic master plan pursuant to section 271
341-10a-11b through alternative and nontraditional approaches such as 272
342-external degrees and credit by examination; (13) coordinate programs 273
343-and services among the Connecticut State University System, the 274
344-regional community-technical college system and Charter Oak State 275
345-College; (14) assess opportunities for collaboration with The University 276
346-of Connecticut and the independent institutions of higher education to 277
347-implement the goals identified in section 10a-11c; (15) make or enter into 278
348-contracts, leases or other agreements in connection with its 279
349-responsibilities under this part, provided all acquisitions of real estate 280
350-by lease or otherwise shall be subject to the provisions of section 4b-23; 281
351-(16) be responsible for the care and maintenance of permanent records 282
352-of institutions of higher education dissolved after September 1, 1969; 283
353-(17) prepare and present to the Governor and General Assembly 284
354-legislative proposals affecting the Connecticut State University System, 285
355-the regional community-technical college system and Charter Oak State 286
356-College; (18) develop and maintain a central higher education 287 Substitute Bill No. 824
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363-information system and establish definitions and data requirements for 288
364-the Connecticut State University System, the regional community-289
365-technical college system and Charter Oak State College; (19) report all 290
366-new programs and program changes at the Connecticut State University 291
367-System, the regional community-technical college system and Charter 292
368-Oak State College to the Office of Higher Education; and (20) undertake 293
369-such studies and other activities as will best serve the higher educational 294
370-interests of the Connecticut State University System, the regional 295
371-community-technical college system and Charter Oak State College. 296
85+shall post on its Internet web site a summary of the instruction and 49
86+training received by the members of its governing board pursuant to 50
87+subsection (a) of this section. 51
37288 This act shall take effect as follows and shall amend the following
37389 sections:
37490
375- Section July 1, 2021 New section
91+Section 1 July 1, 2021 New section
37692 Sec. 2 July 1, 2021 New section
377-Sec. 3 July 1, 2021 10a-8
378-Sec. 4 July 1, 2021 10a-77(b)
379-Sec. 5 July 1, 2021 10a-99(b)
380-Sec. 6 July 1, 2021 10a-6(a)
38193
382-Statement of Legislative Commissioners:
383-In Section 1(a), the subsection was divided into subdivisions for clarity
384-and in Sections 1(b) and 2(b), "pursuant to subsection (a) of this section"
385-was changed to "in accordance with such policy" for accuracy.
386-
387-HED Joint Favorable Subst.
94+Statement of Purpose:
95+To require training for board members responsible for governing any
96+institution of higher education in the state.
97+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
98+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
99+underlined.]
388100