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