LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01186-R01- SB.docx 1 of 7 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 Subsection (b) of section 4-67n of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective 2 October 1, 2023): 3 (b) The Secretary of the Office of Policy and Management shall 4 develop a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 Section 4-67o of the general statutes is repealed and the 14 following is substituted in lieu thereof (Effective October 1, 2023): 15 As used in this section [,] and sections 2-79e, [and] 4-67p and 4-67z, 16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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01186-R01-SB.docx } 2 of 7 (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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01186-R01-SB.docx } 3 of 7 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01186-R01-SB.docx } 4 of 7 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01186-R01-SB.docx } 5 of 7 (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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01186-R01-SB.docx } 6 of 7 (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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01186-R01-SB.docx } 7 of 7 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.