Connecticut 2021 Regular Session

Connecticut Senate Bill SB01013 Latest Draft

Bill / Comm Sub Version Filed 04/15/2021

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general statutes is repealed and the following is substituted in lieu 2 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 Section 2-129 of the general statutes is repealed and the 10 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117, is repealed and the following is substituted in lieu thereof (Effective 27 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