Connecticut 2021 Regular Session

Connecticut Senate Bill SB01013 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 1013
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	5	+
	6	+	General Assembly Raised Bill No. 1013
8	7		January Session, 2021
	8	+	LCO No. 4422
	9	+
	10	+
	11	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	12	+	AND ELECTIONS
	13	+
	14	+
	15	+	Introduced by:
	16	+	(GAE)
	17	+
9	18
10	19
11	20
12	21		AN ACT CONCERNING TH E LEGISLATIVE COMMISSIONERS'
13	22		RECOMMENDATIONS FOR TECHNICAL REVISIONS TO THE
14	23		GOVERNMENT ADMINISTR ATION AND ELECTIONS STATUTES.
15	24		Be it enacted by the Senate and House of Representatives in General
16	25		Assembly convened:
17	26
18	27		Section 1. Subdivision (1) of subsection (b) of section 2-111 of the 1
19	28		general statutes is repealed and the following is substituted in lieu 2
20	29		thereof (Effective October 1, 2021): 3
21	30		(1) Four members of the General Assembly, one of whom shall be 4
22	31		appointed by the speaker of the House of Representatives, one of whom 5
23	32		shall be appointed by the president pro tempore of the Senate, one of 6
24	33		whom shall be appointed by the minority leader of the House of 7
25	34		Representatives, and one of [who] whom shall be appointed by the 8
26	35		minority leader of the Senate; 9
27	36		Sec. 2. Section 2-129 of the general statutes is repealed and the 10
28	37		following is substituted in lieu thereof (Effective October 1, 2021): 11
29		-	(a) Wherever the [terms] term "Commission on Women, Children 12
	38	+	(a) Wherever the [terms] term "Commission on Women, Children 12 Raised Bill No. 1013
	39	+
	40	+
	41	+
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	43	+
30	44		and Seniors" [are] is used in any public or special act of the 2019 regular 13
31	45		session, the term "Commission on Women, Children, Seniors, Equity 14
32	46		and Opportunity" shall be substituted in lieu thereof. Wherever the 15
33	47		[terms] term "Commission on Equity and Opportunity" [are] is used in 16
34		-	any public or special act of the 2019 regular session, the term 17 Substitute Bill No. 1013
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	48	+	any public or special act of the 2019 regular session, the term 17
41	49		"Commission on Women, Children, Seniors, Equity and Opportunity" 18
42	50		shall be substituted in lieu thereof. 19
43	51		(b) The Legislative Commissioners' Office shall, in codifying the 20
44	52		provisions of this section, make such technical, grammatical and 21
45	53		punctuation changes as are necessary to carry out the purposes of this 22
46	54		section. 23
47	55		Sec. 3. Section 4-5 of the general statutes, as amended by section 6 of 24
48	56		public act 17-237, section 279 of public act 17-2 of the June special 25
49	57		session, section 20 of public act 18-182 and section 283 of public act 19-26
50	58		117, is repealed and the following is substituted in lieu thereof (Effective 27
51	59		July 1, 2022): 28
52	60		As used in sections 4-6, 4-7 and 4-8, the term "department head" 29
53	61		means the Secretary of the Office of Policy and Management, 30
54	62		Commissioner of Administrative Services, Commissioner of Revenue 31
55	63		Services, Banking Commissioner, Commissioner of Children and 32
56	64		Families, Commissioner of Consumer Protection, Commissioner of 33
57	65		Correction, Commissioner of Economic and Community Development, 34
58	66		State Board of Education, Commissioner of Emergency Services and 35
59	67		Public Protection, Commissioner of Energy and Environmental 36
60	68		Protection, Commissioner of Agriculture, Commissioner of Public 37
61	69		Health, Insurance Commissioner, Labor Commissioner, Commissioner 38
62	70		of Mental Health and Addiction Services, Commissioner of Social 39
63	71		Services, Commissioner of Developmental Services, Commissioner of 40
64	72		Motor Vehicles, Commissioner of Transportation, Commissioner of 41
65	73		Veterans Affairs, Commissioner of Housing, Commissioner of 42
66	74		[Rehabilitation] Aging and Disability Services, [the] Commissioner of 43
67	75		Early Childhood, [the] executive director of the Office of Military 44
68		-	Affairs, executive director of the Office of Health Strategy and [the] 45
	76	+	Affairs, executive director of the Office of Health and Strategy and [the] 45 Raised Bill No. 1013
	77	+
	78	+
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69	82		executive director of the Technical Education and Career System. As 46
70	83		used in sections 4-6 and 4-7, "department head" also means the 47
71	84		Commissioner of Education. 48
72		-	Sec. 4. Section 4-38c of the general statutes, as amended by section 7 49 Substitute Bill No. 1013
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	85	+	Sec. 4. Section 4-38c of the general statutes, as amended by section 7 49
79	86		of public act 17-237, section 287 of public act 17-2 of the June special 50
80	87		session, section 21 of public act 18-182 and section 284 of public act 19-51
81	88		117, is repealed and the following is substituted in lieu thereof (Effective 52
82	89		July 1, 2022): 53
83	90		There shall be within the executive branch of state government the 54
84	91		following departments: Office of Policy and Management, Department 55
85	92		of Administrative Services, Department of Revenue Services, 56
86	93		Department of Banking, Department of Agriculture, Department of 57
87	94		Children and Families, Department of C onsumer Protection, 58
88	95		Department of Correction, Department of Economic and Community 59
89	96		Development, State Board of Education, Department of Emergency 60
90	97		Services and Public Protection, Department of Energy and 61
91	98		Environmental Protection, Department of Public Health, Board of 62
92	99		Regents for Higher Education, Insurance Department, Labor 63
93	100		Department, Department of Mental Health and Addiction Services, 64
94	101		Department of Developmental Services, Department of Social Services, 65
95	102		Department of Aging and Disability Services, Department of 66
96	103		Transportation, Department of Motor Vehicles, Department of Veterans 67
97	104		Affairs and the Technical Education and Career System. 68
98	105		Sec. 5. Section 4-67o of the general statutes is repealed and the 69
99	106		following is substituted in lieu thereof (Effective October 1, 2021): 70
100	107		As used in this section [,] and sections 2-79e, [and] 4-67p and 4-67z: 71
101	108		(1) "Data" means the final version of statistical or factual information 72
102	109		that: (A) Is reflected in a list, table, graph, chart or other non-narrative 73
103	110		form that can be digitally or nondigitally transmitted or processed; (B) 74
104	111		is regularly created or maintained by, or on behalf of, an executive 75
105	112		branch agency; and (C) records a measurement, transaction or 76
106		-	determination related to the mission of the agency or is provided to the 77
	113	+	determination related to the mission of the agency or is provided to the 77 Raised Bill No. 1013
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107	119		agency by third parties pursuant to law. 78
108	120		(2) "Executive branch agency" means any agency listed in section 4-79
109		-	38c, as amended by this act, except the Board of Regents for Higher 80 Substitute Bill No. 1013
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	121	+	38c, as amended by this act, except the Board of Regents for Higher 80
116	122		Education. 81
117	123		(3) "High value data" means any data that the department head 82
118	124		determines (A) is critical to the operation of an executive branch agency; 83
119	125		(B) can increase executive branch agency accountability and 84
120	126		responsiveness; (C) can improve public knowledge of the executive 85
121	127		branch agency and its operations; (D) can further the core mission of the 86
122	128		executive branch agency; (E) can create economic opportunity; (F) is 87
123	129		frequently requested by the public; (G) responds to a need and demand 88
124	130		as identified by the agency through public consultation; or (H) is used 89
125	131		to satisfy any legislative or other reporting requirements. 90
126	132		(4) "Open data" means any data that (A) is freely available in 91
127	133		convenient and modifiable format and can be retrieved, downloaded, 92
128	134		indexed and searched; (B) is formatted in a manner that allows for 93
129	135		automated machine processing; (C) does not have restrictions 94
130	136		governing use; (D) is published with the finest possible level of detail 95
131	137		that is practicable and permitted by law; and (E) is described in enough 96
132	138		detail so users of the data have sufficient information to understand (i) 97
133	139		the strengths, weaknesses, analytical limitations and security 98
134	140		requirements of the data, and (ii) how to process such data. 99
135	141		(5) "Public data" means any data collected by an executive branch 100
136	142		agency that is permitted to be made available to the public, consistent 101
137	143		with any and all applicable laws, rules, regulations, ordinances, 102
138	144		resolutions, policies or other restrictions, requirements or rights 103
139	145		associated with the data, including, but not limited to, contractual or 104
140	146		other legal restrictions, orders or requirements. 105
141	147		(6) "Protected data" means any data the public disclosure of which 106
142	148		would (A) violate federal or state laws or regulations; (B) endanger the 107
143	149		public health, safety or welfare; (C) hinder the operation of the federal, 108
144		-	state or municipal government, including criminal and civil 109
	150	+	state or municipal government, including criminal and civil 109 Raised Bill No. 1013
	151	+
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145	156		investigations; or (D) impose an undue financial, operational or 110
146	157		administrative burden on the executive branch agency. "Protected data" 111
147		-	includes any records not required to be disclosed pursuant to subsection 112 Substitute Bill No. 1013
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	158	+	includes any records not required to be disclosed pursuant to subsection 112
154	159		(b) of section 1-210. 113
155	160		Sec. 6. Subsection (a) of section 4-67x of the general statutes is 114
156	161		repealed and the following is substituted in lieu thereof (Effective October 115
157	162		1, 2021): 116
158	163		(a) There shall be a Child Poverty and Prevention Council consisting 117
159	164		of the following members or their designees: The Secretary of the Office 118
160	165		of Policy and Management, the president pro tempore of the Senate, the 119
161	166		speaker of the House of Representatives, the minority leader of the 120
162	167		Senate and the minority leader of the House of Representatives, the 121
163	168		Commissioners of Children and Families, Social Services, Correction, 122
164	169		Developmental Services, Mental Health and Addiction Services, 123
165	170		Transportation, Public Health, Education, Housing, Agriculture and 124
166	171		Economic and Community Development, the Labor Commissioner, the 125
167	172		Chief Court Administrator, the chairperson of the Board of Regents for 126
168	173		Higher Education, the Child Advocate, the executive directors of the 127
169	174		Office of Early Childhood, [and] the Commission on Human Rights and 128
170	175		Opportunities and [the executive director of] the Commission on 129
171	176		Women, Children, Seniors, Equity and Opportunity. [or a designee.] 130
172	177		The Secretary of the Office of Policy and Management, or the secretary's 131
173	178		designee, shall be the chairperson of the council. The council shall (1) 132
174	179		develop and promote the implementation of a ten-year plan, to begin 133
175	180		June 8, 2004, to reduce the number of children living in poverty in the 134
176	181		state by fifty per cent, and (2) within available appropriations, establish 135
177	182		prevention goals and recommendations and measure prevention 136
178	183		service outcomes in accordance with this section in order to promote the 137
179	184		health and well-being of children and families. 138
180	185		Sec. 7. Section 4a-60j of the general statutes is repealed and the 139
181	186		following is substituted in lieu thereof (Effective October 1, 2021): 140
182		-	A small contractor shall receive payment on a contract awarded to 141
	187	+	A small contractor shall receive payment on a contract awarded to 141 Raised Bill No. 1013
	188	+
	189	+
	190	+
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183	193		him or her under the provisions of sections 4a-60g to 4a-60i, inclusive, 142
184	194		no later than twenty-five days [from] after the due date of any such 143
185		-	payment on such contract. 144 Substitute Bill No. 1013
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	195	+	payment on such contract. 144
192	196		Sec. 8. Subsection (f) of section 5-263b of the general statutes is 145
193	197		repealed and the following is substituted in lieu thereof (Effective October 146
194	198		1, 2021): 147
195	199		(f) Any suggestion that involves the following shall not be eligible for 148
196	200		an award under this section: (1) Deferred maintenance or replacement 149
197	201		of essential equipment and supplies; (2) individual employee 150
198	202		compensation or position classification; (3) personal grievances or 151
199	203		complaints; (4) suggestions that require a change to, or that conflict with, 152
200	204		federal or state law; (5) suggestions already submitted by another 153
201	205		employee; (6) matters resulting from an agency audit, study, survey, 154
202	206		review or research; (7) suggestions that involve correcting a condition 155
203	207		that exists because established procedures are not being followed; (8) 156
204	208		suggestions that constitute opinions only, and which cannot be 157
205	209		supported by demonstrating a better idea, and the need for same; (9) 158
206	210		suggestions concerning any matter subject to collective bargaining; (10) 159
207	211		suggestions circumventing competitive procurement procedures 160
208	212		provided by state law or policy; (11) suggestions which recommend or 161
209	213		require formal studies, surveys, investigation or similar research 162
210	214		activity to establish the benefits of a suggestion referred to; (12) 163
211	215		suggestions which are hypothetical, vague, based on inconclusive 164
212	216		justification or deal with generalities; (13) suggestions concerning the 165
213	217		structure of lottery games conducted by the Connecticut Lottery 166
214	218		Corporation, including, but not limited to, game design, prize patterns, 167
215	219		draw dates and draw frequency; (14) any suggestion made by the 168
216	220		agency suggestion coordinator or agency or department head; (15) 169
217	221		suggestions concerning a practice that is an alleged gross waste of funds 170
218	222		that the suggesting employee participated in committing; and (16) any 171
219	223		suggestion resulting in less than ten thousand dollars in estimated 172
220	224		savings to the agency. 173
221		-	Sec. 9. Subsection (a) of section 9-368c of the general statutes is 174
	225	+	Sec. 9. Subsection (a) of section 9-368c of the general statutes is 174 Raised Bill No. 1013
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222	231		repealed and the following is substituted in lieu thereof (Effective October 175
223	232		1, 2021): 176
224		-	(a) No person shall intentionally misrepresent the contents of a 177 Substitute Bill No. 1013
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	233	+	(a) No person shall intentionally misrepresent the contents of a 177
231	234		petition circulated under this title. [9.] 178
232	235		Sec. 10. Subdivision (9) of subsection (c) of section 17b-28 of the 179
233	236		general statutes is repealed and the following is substituted in lieu 180
234	237		thereof (Effective October 1, 2021): 181
235	238		(9) A member of the Commission on Women, Children, Seniors, 182
236	239		Equity and Opportunity, designated by the executive director of said 183
237	240		commission; 184
238	241		Sec. 11. Subdivision (1) of subsection (a) of section 21a-7 of the general 185
239	242		statutes is repealed and the following is substituted in lieu thereof 186
240	243		(Effective October 1, 2021): 187
241	244		(1) Each board or commission shall exercise its statutory functions, 188
242	245		including licensing, certification, registration, accreditation of schools 189
243	246		and the rendering of findings, orders and adjudications. With the 190
244	247		exception of the Liquor Control Commission, any exercise of such 191
245	248		functions by such a board or commission that is adverse to a party shall 192
246	249		be a proposed final decision and subject to approval, modification or 193
247	250		rejection by the commissioner. 194
248	251		Sec. 12. Subsection (b) of section 21a-7 of the general statutes is 195
249	252		repealed and the following is substituted in lieu thereof (Effective October 196
250	253		1, 2021): 197
251	254		(b) With the exception of the Liquor Control Commission, each board 198
252	255		or commission within the Department of Consumer Protection under 199
253	256		section 21a-6 that makes a proposed final decision that is adverse to a 200
254	257		party as described in subdivision (1) of subsection (a) of this section, 201
255	258		shall submit such proposed final decision to the Commissioner of 202
256	259		Consumer Protection. Not later than thirty calendar days after receipt of 203
257		-	any such proposed final decision, the Commissioner of Consumer 204
	260	+	any such proposed final decision, the Commissioner of Consumer 204 Raised Bill No. 1013
	261	+
	262	+
	263	+
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258	266		Protection shall notify such board or commission that the commissioner 205
259	267		shall render the final decision concerning such matter. Not later than 206
260	268		thirty days after receipt of any such proposed final decision, the 207
261		-	commissioner shall approve, modify or reject the proposed final 208 Substitute Bill No. 1013
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	269	+	commissioner shall approve, modify or reject the proposed final 208
268	270		decision or remand the proposed final decision for further review or for 209
269	271		the taking of additional evidence. The commissioner shall notify the 210
270	272		board or commission in writing of the commissioner's decision and 211
271	273		include in such notification the rationale for such decision. The decision 212
272	274		of the commissioner shall be the final decision in accordance with 213
273	275		section 4-180 for purposes of reconsideration in accordance with section 214
274	276		4-181a or appeal to the Superior Court in accordance with section 4-183. 215
275	277		Sec. 13. Subsection (b) of section 32-58b of the general statutes is 216
276	278		repealed and the following is substituted in lieu thereof (Effective October 217
277	279		1, 2021): 218
278	280		(b) The Governor, in consultation with the Commissioner of 219
279	281		Economic and Community Development, shall appoint an executive 220
280	282		director, in accordance with the provisions of sections 4-5 to 4-8, 221
281	283		inclusive, as amended by this act, to manage the daily activities and 222
282	284		duties of the Office of Military Affairs. The executive director shall have 223
283	285		the necessary qualifications to perform the duties of said office, 224
284	286		including, but not limited to, having prior military experience, and 225
285	287		having attained the rank of a field grade or senior officer within a branch 226
286	288		of the armed forces. The Governor shall give preference to any person 227
287	289		with the necessary training and experience who has served in the Navy 228
288	290		or who has knowledge or prior experience with the federal Base 229
289	291		Realignment and Closure or "BRAC" process. Within available 230
290	292		appropriations, the executive director shall: (1) Appoint, employ and 231
291	293		remove such assistants, employees and personnel as deemed necessary 232
292	294		for the efficient and effective administration of the activities of the office; 233
293	295		(2) coordinate state and local efforts to prevent the closure or 234
294	296		downsizing of Connecticut military facilities, particularly United States 235
295	297		Naval Submarine Base-New London, located in Groton; (3) maximize 236
296	298		the state's input into the federal Base Realignment and Closure or 237
297		-	"BRAC" process, including, but not limited to, (A) acting as liaison to the 238
	299	+	"BRAC" process, including, but not limited to, (A) acting as liaison to the 238 Raised Bill No. 1013
	300	+
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298	305		state's congressional delegation on defense, military and BRAC issues, 239
299	306		and (B) coordinating the activities of consultants hired by the state to 240
300		-	assist in monitoring activities related to BRAC; (4) encourage the 241 Substitute Bill No. 1013
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	307	+	assist in monitoring activities related to BRAC; (4) encourage the 241
307	308		relocation of military missions to the state; (5) coordinate state and local 242
308	309		efforts to enhance the quality of life of all branches of military personnel 243
309	310		stationed in or deploying from Connecticut and their families living or 244
310	311		working in Connecticut; (6) review and make recommendations for 245
311	312		state policies that affect Connecticut's military facilities and defense and 246
312	313		homeland security industries; (7) coordinate state, regional and local 247
313	314		efforts to encourage the growth of Connecticut's defense and homeland 248
314	315		security industry; (8) serve as an advocate for service members and their 249
315	316		families to other state agencies; (9) initiate and sustain collaborative 250
316	317		partnerships with local military commanders; (10) consult with the 251
317	318		Department of Economic and Community Development on proposed 252
318	319		financial assistance agreements with defense and homeland security 253
319	320		firms; and (11) prepare and submit a report of activities, findings and 254
320	321		recommendations annually to the Governor and the joint standing 255
321	322		committees of the General Assembly having cognizance of matters 256
322	323		relating to commerce and public safety, in accordance with the 257
323	324		provisions of section 11-4a. 258
324	325		Sec. 14. Section 46a-131 of the general statutes is repealed. (Effective 259
325	326		October 1, 2021) 260
326	327		This act shall take effect as follows and shall amend the following
327	328		sections:
328	329
329	330		Section 1 October 1, 2021 2-111(b)(1)
330	331		Sec. 2 October 1, 2021 2-129
331	332		Sec. 3 July 1, 2022 4-5
332	333		Sec. 4 July 1, 2022 4-38c
333	334		Sec. 5 October 1, 2021 4-67o
334	335		Sec. 6 October 1, 2021 4-67x(a)
335	336		Sec. 7 October 1, 2021 4a-60j
336	337		Sec. 8 October 1, 2021 5-263b(f)
337	338		Sec. 9 October 1, 2021 9-368c(a)
338	339		Sec. 10 October 1, 2021 17b-28(c)(9)
339		-	Sec. 11 October 1, 2021 21a-7(a)(1)
340		-	Sec. 12 October 1, 2021 21a-7(b)
341		-	Sec. 13 October 1, 2021 32-58b(b) Substitute Bill No. 1013
	340	+	Sec. 11 October 1, 2021 21a-7(a)(1) Raised Bill No. 1013
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	346	+	Sec. 12 October 1, 2021 21a-7(b)
	347	+	Sec. 13 October 1, 2021 32-58b(b)
348	348		Sec. 14 October 1, 2021 Repealer section
349	349
350		-	Statement of Legislative Commissioners:
351		-	In Section 3, the name of the "Office of Health Strategy" was revised for
352		-	accuracy.
353		-
354		-	GAE Joint Favorable Subst. -LCO
	350	+	Statement of Purpose:
	351	+	To make technical revisions to the statutes concerning government
	352	+	administration and elections.
	353	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	354	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	355	+	underlined.]
355	356