LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01013-R01- SB.docx 1 of 10 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 Subdivision (1) of subsection (b) of section 2-111 of the 1 general statutes is repealed and the following is substituted in lieu 2 thereof (Effective October 1, 2021): 3 (1) Four members of the General Assembly, one of whom shall be 4 appointed by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 Section 2-129 of the general statutes is repealed and the 10 following is substituted in lieu thereof (Effective October 1, 2021): 11 (a) Wherever the [terms] term "Commission on Women, Children 12 and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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01013- R01-SB.docx } 2 of 10 "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act 17-2 of the June special 25 session, section 20 of public act 18-182 and section 283 of public act 19-26 117, is repealed and the following is substituted in lieu thereof (Effective 27 July 1, 2022): 28 As used in sections 4-6, 4-7 and 4-8, the term "department head" 29 means the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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01013- R01-SB.docx } 3 of 10 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01013- R01-SB.docx } 4 of 10 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01013- R01-SB.docx } 5 of 10 (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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01013- R01-SB.docx } 6 of 10 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01013- R01-SB.docx } 7 of 10 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01013- R01-SB.docx } 8 of 10 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01013- R01-SB.docx } 9 of 10 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01013- R01-SB.docx } 10 of 10 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