Connecticut 2023 Regular Session

Connecticut Senate Bill SB01186 Compare Versions

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Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 1186
	5	+	General Assembly Raised Bill No. 1186
8	6		January Session, 2023
	7	+	LCO No. 5375
	8	+
	9	+
	10	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	11	+	AND ELECTIONS
	12	+
	13	+
	14	+	Introduced by:
	15	+	(GAE)
9	16
10	17
11	18
12	19
13		-	AN ACT CONCERNING DATA GOVERNANCE, REQUESTS FOR
	20	+	AN ACT CONCERNING DATA GOVERNANCE AND REQUESTS FOR
14	21		PUBLIC RECORDS INVOLVING THE CONNECTICUT PRESCHOOL
15		-	THROUGH TWENTY AND WORKFORCE INFORMATION NETWORK
16		-	AND APPROVAL OF A SALE OF PROPERTY BY THE TOWN OF
17		-	WINDHAM.
	22	+	THROUGH TWENTY AND WORKFORCE INFORMATION NETWORK.
18	23		Be it enacted by the Senate and House of Representatives in General
19	24		Assembly convened:
20	25
21	26		Section 1. Subsection (b) of section 4-67n of the general statutes is 1
22		-	repealed and the following is substituted in lieu thereof (Effective 2
23		-	~~October~~ 1, 2023): 3
	27	+	repealed and the following is substituted in lieu thereof (Effective October 2
	28	+	1, 2023): 3
24	29		(b) The Secretary of the Office of Policy and Management shall 4
25	30		develop a program to access, link, analyze and share data maintained 5
26	31		by executive agencies and to respond to queries from any state agency, 6
27	32		and from any private entity or person that would otherwise require 7
28	33		access to data maintained by two or more executive agencies. The 8
29	34		secretary shall give priority to queries that seek to measure outcomes 9
30	35		for state-funded programs or that may facilitate the development of 10
31		-	policies to promote the effective, efficient and best use of state 11
32		-	resources. The secretary may create advisory boards to assist with data 12
33		-	governance activities under this section. 13
	36	+	policies to promote the effective, efficient and best use of state resources. 11
	37	+	The secretary may create advisory boards to assist with data governance 12
	38	+	activities under this section. 13 Raised Bill No. 1186
	39	+
	40	+
	41	+
	42	+	LCO No. 5375 2 of 7
	43	+
34	44		Sec. 2. Section 4-67o of the general statutes is repealed and the 14
35	45		following is substituted in lieu thereof (Effective October 1, 2023): 15
36	46		As used in this section [,] and sections 2-79e, [and] 4-67p and 4-67z, 16
37		-	as amended by this act: 17 Substitute Bill No. 1186
38		-
39		-
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	47	+	as amended by this act: 17
42	48		(1) "Data" means the final version of statistical or factual information 18
43	49		that: (A) Is reflected in a list, table, graph, chart or other non-narrative 19
44	50		form that can be digitally or nondigitally transmitted or processed; (B) 20
45	51		is regularly created or maintained by, or on behalf of, an executive 21
46	52		branch agency; and (C) records a measurement, transaction or 22
47	53		determination related to the mission of the agency or is provided to the 23
48	54		agency by third parties pursuant to law. 24
49	55		(2) "Executive branch agency" means any agency [listed in section 4-25
50	56		38c, except the Board of Regents for Higher Education] with a 26
51	57		department head, as defined in section 4-5. 27
52	58		(3) "High value data" means any data that the department head 28
53		-	determines (A) is critical to the operation of an executive branch 29
54		-	~~agency;~~ (B) can increase executive branch agency accountability and 30
	59	+	determines (A) is critical to the operation of an executive branch agency; 29
	60	+	(B) can increase executive branch agency accountability and 30
55	61		responsiveness; (C) can improve public knowledge of the executive 31
56		-	branch agency and its operations; (D) can further the core mission of 32
57		-	~~the~~ executive branch agency; (E) can create economic opportunity; (F) 33
58		-	is frequently requested by the public; (G) responds to a need and 34
59		-	~~demand~~ as identified by the agency through public consultation; or 35
60		-	~~(H) is used~~ to satisfy any legislative or other reporting requirements. 36
	62	+	branch agency and its operations; (D) can further the core mission of the 32
	63	+	executive branch agency; (E) can create economic opportunity; (F) is 33
	64	+	frequently requested by the public; (G) responds to a need and demand 34
	65	+	as identified by the agency through public consultation; or (H) is used 35
	66	+	to satisfy any legislative or other reporting requirements. 36
61	67		(4) "Open data" means any data that (A) is freely available in 37
62	68		convenient and modifiable format and can be retrieved, downloaded, 38
63	69		indexed and searched; (B) is formatted in a manner that allows for 39
64	70		automated machine processing; (C) does not have restrictions 40
65	71		governing use; (D) is published with the finest possible level of detail 41
66		-	that is practicable and permitted by law; and (E) is described in 42
67		-	enough detail so users of the data have sufficient information to 43
68		-	understand (i) the strengths, weaknesses, analytical limitations and 44
69		-	security requirements of the data, and (ii) how to process such data. 45
	72	+	that is practicable and permitted by law; and (E) is described in enough 42
	73	+	detail so users of the data have sufficient information to understand (i) 43
	74	+	the strengths, weaknesses, analytical limitations and security 44
	75	+	requirements of the data, and (ii) how to process such data. 45 Raised Bill No. 1186
	76	+
	77	+
	78	+
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	80	+
70	81		(5) "Public data" means any data collected by an executive branch 46
71	82		agency that is permitted to be made available to the public, consistent 47
72	83		with any and all applicable laws, rules, regulations, ordinances, 48
73		-	resolutions, policies or other restrictions, requirements or rights 49 Substitute Bill No. 1186
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	84	+	resolutions, policies or other restrictions, requirements or rights 49
78	85		associated with the data, including, but not limited to, contractual or 50
79	86		other legal restrictions, orders or requirements. 51
80	87		(6) "Protected data" means any data the public disclosure of which 52
81	88		would (A) violate federal or state laws or regulations; (B) endanger the 53
82	89		public health, safety or welfare; (C) hinder the operation of the federal, 54
83	90		state or municipal government, including criminal and civil 55
84	91		investigations; or (D) impose an undue financial, operational or 56
85		-	administrative burden on the executive branch agency. "Protected 57
86		-	~~data"~~ includes any records not required to be disclosed pursuant to 58
87		-	~~subsection~~ (b) of section 1-210. 59
	92	+	administrative burden on the executive branch agency. "Protected data" 57
	93	+	includes any records not required to be disclosed pursuant to subsection 58
	94	+	(b) of section 1-210. 59
88	95		Sec. 3. Section 4-67z of the general statutes is repealed and the 60
89	96		following is substituted in lieu thereof (Effective October 1, 2023): 61
90	97		[(a)] The Chief Data Officer, in consultation with the Attorney 62
91	98		General and executive branch agency legal counsel, shall review the 63
92	99		legal obstacles to the sharing of high value data of executive branch 64
93		-	agencies, inventoried pursuant to section 4-67p, [among] with 65
94		-	~~executive~~ branch agencies and [with] the public. 66
95		-	[(b) Not later than January 15, 2020, and annually thereafter, the 67
96		-	~~Chief~~ Data Officer shall submit a report, developed in consultation 68
97		-	~~with the~~ Attorney General, agency data officers and executive branch 69
98		-	~~agency~~ legal counsel, that includes any recommendations on (1) 70
99		-	~~methods to~~ facilitate the sharing of such high value data to the extent 71
100		-	~~permitted~~ under state and federal law, including, but not limited to, 72
101		-	~~the~~ preparation and execution of memoranda of understanding among 73
	100	+	agencies, inventoried pursuant to section 4-67p, [among] with executive 65
	101	+	branch agencies and [with] the public. 66
	102	+	[(b) Not later than January 15, 2020, and annually thereafter, the Chief 67
	103	+	Data Officer shall submit a report, developed in consultation with the 68
	104	+	Attorney General, agency data officers and executive branch agency 69
	105	+	legal counsel, that includes any recommendations on (1) methods to 70
	106	+	facilitate the sharing of such high value data to the extent permitted 71
	107	+	under state and federal law, including, but not limited to, the 72
	108	+	preparation and execution of memoranda of understanding among 73
102	109		executive branch agencies, and (2) any necessary legislation, to the 74
103	110		Connecticut Data Analysis Technology Advisory Board and the joint 75
104	111		standing committee of the General Assembly having cognizance of 76
105		-	matters relating to government administration, in accordance with the 77
106		-	provisions of section 11-4a. Concomitantly, the Chief Data Officer shall 78
107		-	post each such report on the Office of Policy and Management's 79
108		-	Internet web site. 80
109		-	(c) The report submitted pursuant to subsection (b) of this section 81 Substitute Bill No. 1186
	112	+	matters relating to government administration, in accordance with the 77 Raised Bill No. 1186
110	113
111	114
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113	115
114		-	shall be consistent with the state data plan, created under section 4-82
115		-	67p. The Chief Data Officer shall update such report annually with 83
	116	+	LCO No. 5375 4 of 7
	117	+
	118	+	provisions of section 11-4a. Concomitantly, the Chief Data Officer shall 78
	119	+	post each such report on the Office of Policy and Management's Internet 79
	120	+	web site. 80
	121	+	(c) The report submitted pursuant to subsection (b) of this section 81
	122	+	shall be consistent with the state data plan, created under section 4-67p. 82
	123	+	The Chief Data Officer shall update such report annually with 83
116	124		additional information concerning the sharing of high value data and 84
117	125		any additional recommendations, including any potential fiscal impact 85
118	126		of any recommendations.] 86
119	127		Sec. 4. Section 10a-57g of the general statutes is repealed and the 87
120	128		following is substituted in lieu thereof (Effective October 1, 2023): 88
121	129		(a) As used in this section: 89
122	130		(1) "Connecticut Preschool through Twenty and Workforce 90
123	131		Information Network" or "CP20 WIN" means the Preschool through 91
124	132		Twenty and Workforce Information Network maintained in the state. 92
125	133		(2) "Data definitions" means the plain language descriptions of data 93
126	134		elements. 94
127	135		(3) "Data dictionary" means a listing of the names of a set of data 95
128	136		elements, their definitions and additional meta-data that does not 96
129	137		contain any actual data, but provides information about the data in a 97
130	138		data set. 98
131	139		(4) "Data elements" mean units of information that are stored or 99
132	140		accessed in any data system, such as a student identification number, 100
133	141		course code or cumulative grade point average. 101
134	142		(5) "Meta-data" means the information about a data element that 102
135	143		provides context for that data element, such as its definition, storage 103
136	144		location, format and size. 104
137	145		(6) "Participating agency" means the Connecticut State Colleges and 105
138		-	Universities, Department of Education, Labor Department, the Office 106
139		-	of Early Childhood, The University of Connecticut, the Connecticut 107
140		-	Conference of Independent Colleges or any entity that has executed an 108
141		-	enterprise memorandum of understanding for participation in the 109
142		-	CP20 WIN and has been approved for participation pursuant to the 110
143		-	terms of the enterprise memorandum of understanding. 111 Substitute Bill No. 1186
	146	+	Universities, Department of Education, Labor Department, the Office of 106 Raised Bill No. 1186
144	147
145	148
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147	149
148		-	(7) "Preschool through Twenty and Workforce Information 112
149		-	Network" or "P20 WIN" means a state data system for the purpose of 113
150		-	matching and linking longitudinally data of state agencies and other 114
	150	+	LCO No. 5375 5 of 7
	151	+
	152	+	Early Childhood, The University of Connecticut, the Connecticut 107
	153	+	Conference of Independent Colleges or any entity that has executed an 108
	154	+	enterprise memorandum of understanding for participation in the CP20 109
	155	+	WIN and has been approved for participation pursuant to the terms of 110
	156	+	the enterprise memorandum of understanding. 111
	157	+	(7) "Preschool through Twenty and Workforce Information Network" 112
	158	+	or "P20 WIN" means a state data system for the purpose of matching 113
	159	+	and linking longitudinally data of state agencies and other 114
151	160		organizations to inform policy and practice for education, workforce 115
152		-	and supportive service efforts, including, but not limited to, the 116
153		-	~~purpose~~ of conducting audits and evaluations of federal and state 117
154		-	~~education~~ programs. 118
	161	+	and supportive service efforts, including, but not limited to, the purpose 116
	162	+	of conducting audits and evaluations of federal and state education 117
	163	+	programs. 118
155	164		(8) "Enterprise memorandum of understandi ng" means a 119
156	165		foundational multiparty agreement that sets forth the details of how 120
157		-	data is shared and the respective legal rights and responsibilities of 121
158		-	~~each~~ party within the data sharing process, by which the same 122
159		-	~~foundational~~ agreement may be used for new agencies to sign on to 123
160		-	~~the data sharing~~ process and without having to re-sign as agencies sign 124
161		-	~~on or off of such~~ agreement. 125
162		-	(b) There is established a Connecticut Preschool through Twenty 126
163		-	~~and~~ Workforce Information Network. The purpose of the CP20 WIN is 127
164		-	to establish processes and structures governing the secure sharing of 128
	166	+	data is shared and the respective legal rights and responsibilities of each 121
	167	+	party within the data sharing process, by which the same foundational 122
	168	+	agreement may be used for new agencies to sign on to the data sharing 123
	169	+	process and without having to re-sign as agencies sign on or off of such 124
	170	+	agreement. 125
	171	+	(b) There is established a Connecticut Preschool through Twenty and 126
	172	+	Workforce Information Network. The purpose of the CP20 WIN is to 127
	173	+	establish processes and structures governing the secure sharing of 128
165	174		critical longitudinal data across participating agencies through 129
166	175		implementation of the standards and policies of the Preschool through 130
167	176		Twenty and Workforce Information Network. 131
168		-	(c) The CP20 WIN shall be governed by an executive board that 132
169		-	shall provide oversight of such network. Said executive board shall 133
170		-	include, but need not be limited to, the chief executive officer of each 134
171		-	participating agency, or their respective designees, the Chief 135
172		-	Workforce Officer, or the officer's designee, and the Secretary of the 136
173		-	Office of Policy and Management, or the secretary's designee. The 137
174		-	duties of the executive board shall be to: 138
	177	+	(c) The CP20 WIN shall be governed by an executive board that shall 132
	178	+	provide oversight of such network. Said executive board shall include, 133
	179	+	but need not be limited to, the chief executive officer of each 134
	180	+	participating agency, or their respective designees, the Chief Workforce 135
	181	+	Officer, or the officer's designee, and the Secretary of the Office of Policy 136
	182	+	and Management, or the secretary's designee. The duties of the 137
	183	+	executive board shall be to: 138 Raised Bill No. 1186
	184	+
	185	+
	186	+
	187	+	LCO No. 5375 6 of 7
	188	+
175	189		(1) Advance a vision for the CP20 WIN including a prioritized 139
176	190		research agenda with support from the Office of Policy and 140
177	191		Management. 141
178	192		(2) Convene as needed to respond to issues from the data governing 142
179		-	board. 143 Substitute Bill No. 1186
180		-
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	193	+	board. 143
184	194		(3) Identify and work to secure resources necessary to sustain CP20 144
185	195		WIN funding. 145
186	196		(4) Support system implementation, maintenance and improvement 146
187	197		by advocating for the CP20 WIN in regard to policy, legislation and 147
188	198		resources. 148
189	199		(5) Advocate and support the state's vision for the CP20 WIN. 149
190	200		(6) Have overall fiscal and policy responsibility for the CP20 WIN. 150
191	201		(7) Ensure that, in any circumstances in which public funds or 151
192		-	resources are to be jointly utilized with those from private entities, 152
193		-	~~such~~ arrangements are governed by appropriate agreements approved 153
194		-	~~by the~~ Attorney General. 154
	202	+	resources are to be jointly utilized with those from private entities, such 152
	203	+	arrangements are governed by appropriate agreements approved by the 153
	204	+	Attorney General. 154
195	205		(8) Establish a data governing board to establish and implement 155
196	206		policies related to cross-agency data management, including, but not 156
197		-	limited to, data confidentiality and security in alignment with the 157
198		-	vision for CP20 WIN and any applicable law. In establishing such 158
199		-	policies, the data governing board shall consult with the Office of 159
200		-	Policy and Management, in accordance with the provisions of section 160
201		-	4-67n, as amended by this act, and other applicable statutes and 161
202		-	policies. 162
203		-	(d) The executive board established pursuant to this section may 163
204		-	appoint advisory committees to make recommendations on data 164
205		-	stewardship, data system expansion and processes, and such other 165
206		-	areas that will advance the work of CP20 WIN. 166
207		-	(e) Any public records or files, as defined in section 1-200, including, 167
208		-	but not limited to, data elements of a participating agency shared with 168
209		-	another agency pursuant to a CP20 WIN sharing agreement, may only 169
210		-	be requested pursuant to the Freedom of Information Act, as defined 170
211		-	in section 1-200, from the agency which originated such records or 171
212		-	files. If a participating agency that is not the originating agency 172
213		-	receives a request pursuant to said act for such records or files, such 173 Substitute Bill No. 1186
	207	+	limited to, data confidentiality and security in alignment with the vision 157
	208	+	for CP20 WIN and any applicable law. In establishing such policies, the 158
	209	+	data governing board shall consult with the Office of Policy and 159
	210	+	Management, in accordance with the provisions of section 4-67n, as 160
	211	+	amended by this act, and other applicable statutes and policies. 161
	212	+	(d) The executive board established pursuant to this section may 162
	213	+	appoint advisory committees to make recommendations on data 163
	214	+	stewardship, data system expansion and processes, and such other areas 164
	215	+	that will advance the work of CP20 WIN. 165
	216	+	(e) Any public records or files, as defined in section 1-200, including, 166
	217	+	but not limited to, data elements of a participating agency shared with 167 Raised Bill No. 1186
214	218
215	219
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218		-	participating agency shall (1) promptly refer such request to the 174
219		-	originating agency to respond directly to such request, and (2) notify, 175
220		-	in writing, the person who submitted the request for such records or 176
221		-	files that such request has been referred to the originating agency. Such 177
222		-	written notification shall include the name, address and telephone 178
223		-	number of the originating agency and the date on which the referral 179
224		-	was made to the originating agency. 180
225		-	[(e)] (f) On or before January 1, 2022, and annually thereafter, the 181
226		-	Chief Workforce Officer may, in consultation with the Chief Data 182
227		-	Officer and the Labor Commissioner, submit to the administrator of 183
228		-	CP20 WIN a request for data and analysis of such data for the 184
229		-	purposes of assessing performance and outcomes of the state's 185
230		-	workforce system. Such data and analysis request shall be completed 186
231		-	by the administrator of CP20 WIN not later than August 15, 2022, and 187
232		-	annually thereafter. 188
233		-	Sec. 5. (Effective from passage) Notwithstanding any provision of the 189
234		-	general statutes, not later than July 1, 2023, the Secretary of the Office 190
235		-	of Policy and Management shall approve any proposed purchase and 191
236		-	sales agreement between the town of Windham and Eastern 192
237		-	Connecticut State University for the sale by the town of Windham of 193
238		-	the building that housed the former Kramer Middle School, located at 194
239		-	322 Prospect Street in the town of Windham, to Eastern Connecticut 195
240		-	State University, as part of the university's capital plan. 196
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	222	+
	223	+	another agency pursuant to a CP20 WIN sharing agreement, may only 168
	224	+	be requested under the Freedom of Information Act, as defined in 169
	225	+	section 1-200, from the agency which originated such records or files. 170
	226	+	The Secretary of the Office of Policy and Management shall provide to 171
	227	+	any person who submits a request for such records or files pursuant to 172
	228	+	the Freedom of Information Act to the board of CP20 WIN or to an 173
	229	+	agency that is not the originating agency with the name and address of 174
	230	+	the originating agency of such records or files. 175
	231	+	[(e)] (f) On or before January 1, 2022, and annually thereafter, the 176
	232	+	Chief Workforce Officer may, in consultation with the Chief Data 177
	233	+	Officer and the Labor Commissioner, submit to the administrator of 178
	234	+	CP20 WIN a request for data and analysis of such data for the purposes 179
	235	+	of assessing performance and outcomes of the state's workforce system. 180
	236	+	Such data and analysis request shall be completed by the administrator 181
	237	+	of CP20 WIN not later than August 15, 2022, and annually thereafter. 182
241	238		This act shall take effect as follows and shall amend the following
242	239		sections:
243	240
244	241		Section 1 October 1, 2023 4-67n(b)
245	242		Sec. 2 October 1, 2023 4-67o
246	243		Sec. 3 October 1, 2023 4-67z
247	244		Sec. 4 October 1, 2023 10a-57g
248		-	Sec. 5 from passage New section
249	245
250		-	GAE Joint Favorable Subst.
	246	+	Statement of Purpose:
	247	+	To permit the Office of Policy and Management to establish advisory
	248	+	boards for data governance, redefine executive branch agency, delete a
	249	+	requirement for an annual report concerning high value data and
	250	+	require records requests involving CP20 WIN be made to the originating
	251	+	agency.
	252	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	253	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	254	+	underlined.]
251	255