Connecticut 2023 Regular Session

Connecticut Senate Bill SB01186 Latest Draft

Bill / Comm Sub Version Filed 04/17/2023

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repealed and the following is substituted in lieu thereof (Effective 2 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 Section 4-67o of the general statutes is repealed and the 14 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