Bill Text: CT SB01012 | 2011 | General Assembly | Introduced
Bill Title: An Act Implementing The Governor's Budget Recommendations Concerning The Transfer Of Functions From The Board Of Education And Services For The Blind And The Commission On The Deaf And Hearing Impaired To The Departments Of Education And Social Services.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2011-03-23 - Change of Reference, House to Committee on Appropriations [SB01012 Detail]
Download: Connecticut-2011-SB01012-Introduced.html
General Assembly |
Governor's Bill No. 1012 | ||
January Session, 2011 |
LCO No. 3578 | ||
*03578__________* | |||
Referred to Committee on Human Services |
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Introduced by: |
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SEN. WILLIAMS, 29th Dist. SEN. LOONEY, 11th Dist. REP. DONOVAN, 84th Dist. REP. SHARKEY, 88th Dist. |
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AN ACT IMPLEMENTING THE GOVERNOR'S BUDGET RECOMMENDATIONS CONCERNING THE TRANSFER OF FUNCTIONS FROM THE BOARD OF EDUCATION AND SERVICES FOR THE BLIND AND THE COMMISSION ON THE DEAF AND HEARING IMPAIRED TO THE DEPARTMENTS OF EDUCATION AND SOCIAL SERVICES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective July 1, 2011) (a) All functions, powers and duties of the Commission on the Deaf and Hearing Impaired, established under the provisions of section 46a-27 of the general statutes, as amended by this act, shall be transferred to the Department of Social Services. The Department of Social Services shall constitute a successor to the Commission on the Deaf and Hearing Impaired in accordance with the provisions of sections 4-38d and 4-38e of the general statutes.
(b) Any order or regulation of the Commission on the Deaf and Hearing Impaired that is in force on July 1, 2011, shall continue in force and effect as an order or regulation until amended, repealed or superseded pursuant to law.
(c) The transfer of such functions, powers and duties of the Commission on the Deaf and Hearing Impaired pursuant to the provisions of this section shall not affect any action or proceeding, pending on or before July 1, 2011, and the Department of Social Services shall be deemed substituted in such action by operation of this section without motion or order.
(d) Any contract, right of action or matter undertaken or commenced by the Commission on the Deaf and Hearing Impaired, the functions, powers and duties of which are transferred by this section, may be conducted and completed by the Department of Social Services in the same manner and under the same terms and conditions and with the same effect as if undertaken or commenced and conducted and completed by the Commission on the Deaf and Hearing Impaired.
Sec. 2. (NEW) (Effective July 1, 2011) (a) The functions, powers and duties, with respect to the vocational rehabilitation services program, the business enterprise program, adult services and management services, of the Board of Education and Services for the Blind, established under the provisions of section 10-293 of the general statutes, as amended by this act, shall be transferred to the Department of Social Services. The Department of Social Services shall constitute a successor to the Board of Education and Services for the Blind in accordance with the provisions of sections 4-38d and 4-38e of the general statutes.
(b) Any order or regulation of the Board of Education and Services for the Blind that is in force on July 1, 2011, shall continue in force and effect as an order or regulation until amended, repealed or superseded pursuant to law.
(c) The transfer of such functions, powers and duties of the Board of Education and Services for the Blind pursuant to the provisions of this section shall not affect any action or proceeding, pending on or before July 1, 2011, and the Department of Social Services shall be deemed substituted in such action by operation of this section without motion or order.
(d) Any contract, right of action or matter undertaken or commenced by the Board of Education and Services for the Blind, the functions, powers and duties of which are transferred by this section, may be conducted and completed by the Department of Social Services in the same manner and under the same terms and conditions and with the same effect as if undertaken or commenced and conducted and completed by the Board of Education and Services for the Blind.
Sec. 3. (NEW) (Effective July 1, 2011) (a) The functions, powers and duties, with respect to the children's services program, of the Board of Education and Services for the Blind, established under the provisions of section 10-293 of the general statutes, as amended by this act, shall be transferred to the Department of Education. The Department of Education shall constitute a successor to the Board of Education and Services for the Blind in accordance with the provisions of sections 4-38d and 4-38e of the general statutes.
(b) Any order or regulation of the Board of Education and Services for the Blind that is in force on July 1, 2011, shall continue in force and effect as an order or regulation until amended, repealed or superseded pursuant to law.
(c) The transfer of such functions, powers and duties of the Board of Education and Services for the Blind pursuant to the provisions of this section shall not affect any action or proceeding, pending on or before July 1, 2011, and the Department of Education shall be deemed substituted in such action by operation of this section without motion or order.
(d) Any contract, right of action or matter undertaken or commenced by the Board of Education and Services for the Blind, the functions, powers and duties of which are transferred by this section, may be conducted and completed by the Department of Education in the same manner and under the same terms and conditions and with the same effect as if undertaken or commenced and conducted and completed by the Board of Education and Services for the Blind.
Sec. 4. Subsection (g) of section 4-89 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(g) The provisions of this section shall not apply to appropriations to the [Commission on the Deaf and Hearing Impaired] Department of Social Services in an amount not greater than the amount of reimbursements of prior year expenditures for the services of interpreters received by the [commission] department during the fiscal year pursuant to section 46a-33b, as amended by this act, and such appropriations shall not lapse until the end of the fiscal year succeeding the fiscal year of the appropriation.
Sec. 5. Subsection (a) of section 5-175a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Vending stand operators, operating stands under permits held by the [State Board of Education and Services for the Blind] Department of Social Services pursuant to section 10-303, as amended by this act, shall be members of the state employees retirement system, part A, exclusive of the Social Security option and benefits in the state employees' retirement system dependent thereon. Each such person shall annually, on or before June thirtieth, pay five per cent of his adjusted gross income, arising out of the operation of such stand, as determined under the Internal Revenue Code, during the calendar year preceding to the [Board of Education and Services for the Blind] Department of Social Services which shall, as the state administering agency for such persons, certify such payment and pay it over to the State Retirement Commission, provided membership of such persons in said system shall be exclusive of disability retirement upon the grounds of defects of vision.
Sec. 6. Subsection (c) of section 9-20 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(c) The application for admission as an elector shall include a statement that (1) specifies each eligibility requirement, (2) contains an attestation that the applicant meets each such requirement and (3) requires the signature of the applicant under penalty of perjury. Each registrar of voters and town clerk shall maintain a copy of such statement in braille, large print and audio form. The [Commission on the Deaf and Hearing Impaired] Department of Social Services shall produce a videotape presenting such statement in voice and sign language and provide the videotape to the Secretary of the State who shall make copies of the videotape and provide a copy to the registrars of voters of any municipality, upon request and at a cost equal to the cost of making the copy. If a person applies for admission as an elector in person to an admitting official, such admitting official shall, upon the request of the applicant, administer the elector's oath.
Sec. 7. Subsection (a) of section 10-76y of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Notwithstanding any provision of the general statutes, school districts, regional educational service centers, the [Board of Education and Services for the Blind] Department of Education, and all other state and local governmental agencies concerned with education may loan, lease or transfer an assistive device for the use and benefit of a student with a disability to such student or the parent or guardian of such student or to any other public or private nonprofit agency providing services to or on behalf of individuals with disabilities including, but not limited to, an agency providing educational, health or rehabilitative services. Such device may be sold or transferred pursuant to this section regardless of whether the device was declared surplus. The sale or transfer shall be recorded in an agreement between the parties and based upon the depreciated value of the device. For the purposes of this section, "assistive device" means any item, piece of equipment or product system, whether acquired commercially off-the-shelf, modified or customized, that is used to increase, maintain or improve the functional capabilities of individuals with disabilities.
Sec. 8. Section 10-293 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is established a Board of Education and Services for the Blind that shall serve as [the central policy making authority in providing] an advisor to the Department of Social Services and the Department of Education in fulfilling their respective responsibilities in providing services to the blind and visually impaired in the state. [Prior to January 4, 2007, the Board of Education and Services for the Blind shall consist of seven members, six of whom shall be appointed by the Governor and shall be residents of this state. The Commissioner of Social Services shall be a member, ex officio. One of the members appointed by the Governor shall be the parent of a child who receives services provided by the board, and not less than two of the members appointed by the Governor shall be blind persons. One of the members appointed by the Governor shall be designated by the Governor as the chairperson of the board. The Governor may, for reasonable cause, remove any appointed member and appoint another person to fill the vacancy for the unexpired portion of the term. The board shall meet annually in the month of September and may meet at any other time upon the call of its chairperson; and the chairperson shall call a meeting at the request of two members. Any appointed member who fails to attend three consecutive meetings or fifty per cent of all meetings held during any calendar year shall be deemed to have resigned. A majority of the members in office shall constitute a quorum. The terms of the members of the board serving on June 2, 2006, shall expire on January 3, 2007.]
(b) (1) [On and after January 4, 2007, the] The Board of Education and Services for the Blind shall consist of members appointed as follows: Six appointed by the Governor, one appointed by the president pro tempore of the Senate, one appointed by the speaker of the House of Representatives, one appointed by the majority leader of the Senate, one appointed by the minority leader of the Senate, one appointed by the majority leader of the House of Representatives and one appointed by the minority leader of the House of Representatives and all shall be residents of the state. The Commissioner of Social Services shall be a member, ex officio. One of the members appointed by the Governor shall be the parent of a child who receives services provided by the board, and not less than two of the members appointed by the Governor shall be blind persons.
(2) Three members appointed by the Governor shall serve a term of four years. Three members appointed by the Governor shall serve a term of two years. The three members appointed by the president pro tempore of the Senate, the majority leader of the Senate and the minority leader of the Senate shall serve a term of four years. The three members appointed by the speaker of the House of Representatives, the majority leader of the House of Representatives, and the minority leader of the House of Representatives shall serve a term of two years. Thereafter, all members shall be appointed for a term of four years, commencing on January fourth of the year of the appointment.
(3) One of the members appointed by the Governor shall be designated by the Governor as the chairperson of the board. The board shall meet annually in the month of September and may meet at any other time upon the call of its chairperson; and the chairperson shall call a meeting at the request of two members. Any appointed member who fails to attend three consecutive meetings or fifty per cent of all meetings held during any calendar year shall be deemed to have resigned. A majority of the members in office shall constitute a quorum. The appointing authority may, for reasonable cause, remove any appointed member and appoint another person to fill the vacancy for the unexpired portion of the term. Any vacancy in the Board of Education and Services for the Blind shall be filled by the appointing authority for the unexpired portion of the term.
[(c) Members appointed to the Board of Education and Services for the Blind shall monitor the activities of the agency in carrying out its mission to provide educational and rehabilitative services to all state residents who are legally blind or visually impaired. Members shall also monitor the activities of the Board of Education and Services for the Blind regarding the agency's compliance with the benchmarks and recommendations set by the monitoring council established pursuant to section 3 of public act 03-217* and offer recommended adjustments to the benchmarks when deemed necessary. Not later than January 1, 2008, and annually thereafter, the members of the Board of Education and Services for the Blind shall report in accordance with section 11-4a, to the Governor, the Office of Policy and Management and to the joint standing committees of the General Assembly having cognizance of matters relating to human services and education on the agency's compliance with the benchmarks established by said monitoring council and on the activities of the agency in fulfilling its mission to provide educational and rehabilitative services to state residents who are legally blind or visually impaired.
(d) The Board of Education and Services for the Blind shall be within the Department of Social Services for administrative purposes only.]
Sec. 9. Section 10-295 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) All residents of this state, regardless of age, who, because of blindness or impaired vision, require specialized vision-related educational programs, goods and services, on the signed recommendation of the [director of the Board of Education and Services for the Blind] Commissioner of Education, shall be entitled to receive such instruction, programs, goods and services for such length of time as is deemed expedient by [said director] the commissioner. Upon the petition of any parent or guardian of a blind child or a child with impaired vision, a local board of education may provide such instruction within the town or it may provide for such instruction by agreement with other towns as provided in subsection (d) of section 10-76d. All educational privileges prescribed in part V of chapter 164, not inconsistent with the provisions of this chapter, shall apply to the pupils covered by this subsection.
(b) The [Board of Education and Services for the Blind] Commissioner of Education shall expend funds for the services made available pursuant to subsection (a) of this section from the educational aid for blind and visually handicapped children account in accordance with the provisions of this subsection. The expense of such services shall be paid by the state in an amount not to exceed six thousand four hundred dollars in any one fiscal year for each child who is blind or visually impaired. The [Board of Education and Services for the Blind] Commissioner of Education may adopt such regulations as [it] the commissioner deems necessary to carry out the purpose and intent of this subsection.
(1) The [Board of Education and Services for the Blind] Commissioner of Education shall provide, upon written request from any interested school district, the services of teachers of the visually impaired, based on the levels established in the individualized education or service plan. The [agency] Commissioner of Education shall also make available [its] resources, including, but not limited to, the Braille and large print library, to all teachers of public and nonpublic school children. The [agency] commissioner may also provide vision-related professional development and training to all school districts and cover the actual cost for paraprofessionals from school districts to participate in agency-sponsored Braille training programs. The [agency] commissioner shall utilize education consultant positions, [authorized as of July 1, 2001,] funded by moneys appropriated from the General Fund, to supplement new staffing that will be made available through the educational aid for the blind and visually handicapped children account, which shall be governed by formal written policies established by the [agency] commissioner.
(2) The [Board of Education and Services for the Blind] Commissioner of Education shall use funds appropriated to said account, first to provide specialized books, materials, equipment, supplies, adaptive technology services and devices, specialist examinations and aids, preschool programs and vision-related independent living services, excluding primary educational placement, for eligible children without regard to a per child statutory maximum.
(3) The [Board of Education and Services for the Blind] Commissioner of Education may, within available appropriations, employ certified teachers of the visually impaired in sufficient numbers to meet the requests for services received from school districts. In responding to such requests, the [agency] commissioner shall utilize a formula for determining the number of teachers needed to serve the school districts, crediting six points for each Braille-learning child and one point for each other child, with one full-time certified teacher of the visually impaired assigned for every twenty-five points credited. The [agency] commissioner shall exercise due diligence to employ the needed number of certified teachers of the visually impaired, but shall not be liable for lack of resources. Funds appropriated to said account may also be utilized to employ rehabilitation teachers, rehabilitation technologists and orientation and mobility teachers in numbers sufficient to provide compensatory skills evaluations and training to blind and visually impaired children. In addition, up to five per cent of such appropriation may also be utilized to employ special assistants to the blind and other support staff necessary to ensure the efficient operation of service delivery. Not later than October first of each year, the [Board of Education and Services for the Blind] Commissioner of Education shall determine the number of teachers needed based on the formula provided in this subdivision. Based on such determination, the [Board of Education and Services for the Blind] Commissioner of Education shall estimate the funding needed to pay such teachers' salaries, benefits and related expenses.
(4) In any fiscal year, when funds appropriated to cover the combined costs associated with providing the services set forth in subdivisions (2) and (3) of this subsection are projected to be insufficient, the [Board of Education and Services for the Blind] Commissioner of Education shall be authorized to collect revenue from all school districts that have requested such services on a per student pro rata basis, in the sums necessary to cover the projected portion of these services for which there are insufficient appropriations.
(5) Remaining funds in said account, not expended to fund the services set forth in subdivisions (2) and (3) of this subsection, shall be used to cover on a pro rata basis, the actual cost with benefits of retaining a teacher of the visually impaired, directly hired or contracted by the school districts which opt to not seek such services from the [Board of Education and Services for the Blind] Commissioner of Education, provided such teacher has participated in not less than five hours of professional development training on vision impairment or blindness during the school year. Reimbursement shall occur at the completion of the school year, using the caseload formula denoted in subdivision (3) of this section, with twenty-five points allowed for the maximum reimbursable amount as established by the [agency] commissioner annually.
(6) Remaining funds in such account, not expended to fund the services set forth in subdivisions (2), (3) and (5) of this subsection, shall be distributed to the school districts on a pro rata formula basis with a two-to-one credit ratio for Braille-learning students to non-Braille-learning students in the school district based upon the annual child count data provided pursuant to subdivision (1) of this subsection, provided the school district submits an annual progress report in a format prescribed by the [agency] commissioner for each eligible child.
(c) The [Board of Education and Services for the Blind] Commissioner of Education may provide for the instruction of the adult blind in their homes, expending annually for this purpose such sums as the General Assembly may appropriate.
(d) The [Board of Education and Services for the Blind] Commissioner of Education may expend up to ten thousand dollars per fiscal year per person twenty-one years of age or over who is both blind or visually impaired and deaf for the purpose of providing services through specialized public and private entities from which such person can benefit. [Said board] The commissioner may determine the criteria by which a person is eligible to receive specialized services and may adopt regulations necessary to carry out the provisions of this subsection.
(e) The [Board of Education and Services for the Blind] Commissioner of Education may, within available appropriations, purchase adaptive equipment for persons receiving services pursuant to this chapter.
Sec. 10. Section 10-296 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [director] Commissioner of Education may, within available appropriations, contract with public or private entities, individuals or private enterprises for the instruction of the blind.
Sec. 11. Section 10-297 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [director] Commissioner of Social Services is authorized to aid in securing employment for capable blind or partially blind persons in industrial and mercantile establishments and in other positions which offer financial returns. [Said director] The commissioner may aid needy blind persons in such way as [said director] the commissioner deems expedient, expending for such purpose such sum as the General Assembly appropriates, provided the maximum expenditure for any one person shall not exceed the sum of nine hundred and sixty dollars in a fiscal year, but, if said maximum amount is insufficient to furnish necessary medical or hospital treatment to a beneficiary, [said director] the commissioner may authorize payment of such additional costs as [he] the commissioner deems necessary and reasonable.
Sec. 12. Section 10-297a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [executive director of the Board of Education and Services for the Blind] Commissioner of Social Services may make grants, within available appropriations, to the Connecticut Radio Information Service, Inc., for the purchase of receivers and for costs related to the operation of said service.
Sec. 13. Section 10-298 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [Board of Education and Services for the Blind] Commissioner of Social Services shall, annually, as provided in section 4-60, submit to the Governor [its] a report, containing a statement of the activities of the [board] Department of Social Services relating to services provided by the department to individuals in the state who are legally blind or visually impaired during the preceding year. [Said board] The commissioner shall prepare and maintain a register of the blind in this state which shall describe their condition, cause of blindness and capacity for education and rehabilitative training. The [board] commissioner may register cases of persons whose eyesight is seriously defective and who are liable to become visually disabled or blind, and may take such measures in cooperation with other authorities as [it] the commissioner deems advisable for the prevention of blindness or conservation of eyesight and, in appropriate cases, for the education of children and for the vocational guidance of adults having seriously defective sight but who are not blind. The [agency] commissioner shall establish criteria for low vision care and maintain a list of ophthalmologists and optometrists that are exclusively authorized to receive agency funds through established and existing state fee schedules for the delivery of specifically defined low vision services that increase the capacity of eligible recipients of such services to maximize the use of their remaining vision.
(b) The [board] Commissioner of Social Services may accept and receive any bequest or gift of personal property and, subject to the consent of the Governor and Attorney General as provided in section 4b-22, any devise or gift of real property made to [said board] the Department of Social Services, and may hold and use such property for the purposes, if any, specified in connection with such bequest, devise or gift.
(c) The [board] Commissioner of Social Services shall provide the Department of Motor Vehicles with the names of all individuals sixteen years of age or older who, on or after October 1, 2005, have been determined to be blind by a physician or optometrist, as provided in section 10-305, as amended by this act. The [board] Commissioner of Social Services shall provide simultaneous written notification to any individual whose name is being transmitted by the [board] commissioner to [said department] the Department of Motor Vehicles. The [board] Commissioner of Social Services shall update the list of names provided to the Department of Motor Vehicles on a quarterly basis. The list shall also contain the address and date of birth for each individual reported, as shown on the records of the [board] Department of Social Services. The [department] Department of Motor Vehicles shall maintain such list on a confidential basis, in accordance with the provisions of section 14-46d. The [board] Department of Social Services shall enter into a memorandum of understanding with the Department of Motor Vehicles to effectuate the purposes of this subsection.
Sec. 14. Section 10-298a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [Board of Education and Services for the Blind] Department of Social Services may, within available appropriations, (1) maintain and develop workshops for training and employing blind persons in trades and occupations suited to their abilities, for the purpose of producing suitable products and services used by departments, agencies and institutions of the state and its political subdivisions, including, but not limited to towns, cities, boroughs and school districts; (2) aid blind persons in securing employment, in developing home industries and in marketing their products and services; (3) develop and implement rules and guidelines to guarantee that the dignity and rights of citizens involved in such workshops and work training programs shall be maintained; and (4) fund employment and vocational training at community rehabilitation facilities.
(b) For any fiscal year that the [board] Department of Social Services operates a workshop pursuant to subsection (a) of this section, the [board] Commissioner of Social Services shall file with the Comptroller a balance sheet as of June thirtieth and a statement of operations for the fiscal year ending on that date. A copy of such statement shall be filed with the Auditors of Public Accounts.
Sec. 15. Section 10-298b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Whenever any of the products made or manufactured or services provided by blind persons under the direction or supervision of the [Board of Education and Services for the Blind] Department of Social Services meet the requirements of any department, institution or agency supported in whole or in part by the state as to quantity, quality and price such products shall have preference, except over articles produced or manufactured by Department of Correction industries as provided in section 18-88, and except for emergency purchases made under section 4-98. All departments, institutions and agencies supported in whole or in part by the state shall purchase such articles and services from the [Board of Education and Services for the Blind] Department of Social Services. Any political subdivision of the state may purchase such articles made or manufactured and services provided by the blind through the [Board of Education and Services for the Blind] Department of Social Services. [Said board] The department shall issue at sufficiently frequent intervals for distribution to the Commissioner of Administrative Services, the Comptroller and the political subdivisions of the state, a catalog showing styles, designs, sizes and varieties of all products made by blind persons pursuant to this section or disabled persons pursuant to section 17b-656, as amended by this act, and describing all available services provided by the blind or disabled.
Sec. 16. Section 10-298c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The Commissioner of Administrative Services shall (1) fix a fair market price, based on the cost of materials, labor and overhead, for all articles and services offered for sale and described in the most recent catalog issued by the [Board of Education and Services for the Blind] Department of Social Services pursuant to section 10-298b, as amended by this act, provided that the cost of labor on which such fair market price is based shall conform to federal minimum wage regulations for handicapped workers; (2) determine whether or not products produced or services provided by blind persons or handicapped persons meet the reasonable requirements of state departments, agencies and institutions; and (3) authorize state departments, agencies and institutions to purchase articles and services elsewhere when requisitions cannot be complied with through the products and services listed in the most current catalog issued by the [Board of Education and Services for the Blind] Department of Social Services pursuant to section 10-298b, as amended by this act.
Sec. 17. Section 10-300 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Any goods, wares or merchandise, manufactured or produced in whole or in part by the [board] Department of Social Services or The Connecticut Institute for the Blind in furtherance of its purpose to instruct or employ the blind, may be sold or exchanged in any town, city or borough in this state and [said board] the department or institute, its agents or its employees shall not be required to procure a license therefor, and no law providing for the payment of a license fee for such privilege shall apply to [said board] the department or institute, its agents or employees, unless it or they are particularly referred to in its provisions.
Sec. 18. Section 10-300a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) No goods, wares or merchandise shall be labeled, designated or represented as having been manufactured or produced in whole or in part by any blind person or by any public or private institute, agency or corporation serving the blind unless at least seventy-five per cent of the total hours of labor performed on such goods, wares or merchandise shall have been rendered by a blind person, as defined in section 10-294a. Any person, institute, agency or nonprofit corporation which so manufactures or produces such goods shall register annually, on July first, with the [board of education and services for the blind] Department of Social Services and may affix or cause to be affixed to such goods a stamp or label which identifies such goods as the products of blind persons.
(b) The [Board of Education and Services for the Blind] Department of Social Services shall adopt regulations pursuant to the provisions of chapter 54 to carry out the provisions of this section.
(c) Any person, institute, agency or nonprofit corporation which violates any of the provisions of this section shall be fined not more than one hundred dollars for each violation.
Sec. 19. Section 10-303 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The authority in charge of any building or property owned, operated or leased by the state or any municipality therein shall grant to the [Board of Education and Services for the Blind] Department of Social Services a permit to operate in such building or on such property a food service facility, a vending machine or a stand for the vending of newspapers, periodicals, confections, tobacco products, food and such other articles as such authority approves when, in the opinion of such authority, such facility, machine or stand is desirable in such location. Any person operating such a stand in any such location on October 1, 1945, shall be permitted to continue such operation, but upon such person's ceasing such operation such authority shall grant a permit for continued operation to the [Board of Education and Services for the Blind] Department of Social Services. [Said board] The department may establish a training facility at any such location.
(b) Pursuant to the Randolph-Sheppard Vending Stand Act, 49 Stat. 1559 (1936), 20 USC 107, as amended from time to time, the [Board of Education and Services for the Blind] Department of Social Services is authorized to maintain a nonlapsing account and to accrue interest thereon for federal vending machine income which, in accordance with federal regulations, shall be used for the payment of fringe benefits to the vending facility operators by the [Board of Education and Services for the Blind] Department of Social Services.
(c) The [Board of Education and Services for the Blind] Department of Social Services may maintain a nonlapsing account and accrue interest thereon for state and local vending machine income which shall be used for the payment of fringe benefits, training and support to vending facilities operators, to provide entrepreneurial and independent-living training and equipment to children who are blind or visually impaired and adults who are blind and for other vocational rehabilitation programs and services for adults who are blind.
(d) The [Board of Education and Services for the Blind] Department of Social Services may disburse state and local vending machine income to student or client activity funds, as defined in section 4-52.
Sec. 20. Section 10-304 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The sales and service account for the [Board of Education and Services for the Blind] Department of Social Services shall be established as a separate account within the General Fund for the purpose of aiding the blind by providing sales and service opportunities. Any money received by the [board] department from refunds for materials advanced for manufacture by the blind, and from the sales of articles or goods manufactured by the blind, and from the sale of other articles or goods, or from sales held to assist the blind, shall be deposited in the General Fund and credited to the account. Payments shall be made from the account for labor or services rendered in connection with the manufacture of articles for resale, for the purchase of materials used in such manufacture, for the purchase of merchandise for resale and for labor, supplies and other operating expenses connected with the operation of vending stands and sales and service opportunities. Bills contracted by the [Board of Education and Services for the Blind] Department of Social Services for the purposes specified in this section shall be paid by order of the Comptroller against the account in the manner provided by law for the payment of all claims against the state. At the end of each fiscal year, any surplus as of June thirtieth determined by including cash, accounts receivable and inventories less accounts payable over the sum of three hundred thousand dollars derived from sales of manufactured goods or articles or other sales, in excess of such cost of labor or services, materials, merchandise, supplies and other such operating expenses, shall revert to the General Fund of the state.
Sec. 21. Section 10-305 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Each physician and optometrist shall report in writing to the [Board of Education and Services for the Blind] Department of Social Services within thirty days each blind person coming under his or her private or institutional care within this state. The report of such blind person shall include the name, address, Social Security number, date of birth, date of diagnosis of blindness and degree of vision. Such reports shall not be open to public inspection.
Sec. 22. Section 10-306 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Board of Education and Services for the Blind] Department of Social Services may maintain a vocational rehabilitation program as authorized under the Federal Rehabilitation Act of 1973, 29 USC 791 et seq., for the purpose of providing and coordinating the full scope of necessary services to assist legally blind recipients of services from the [board] department to prepare for, enter into and maintain employment consistent with the purposes of said act.
Sec. 23. Section 10-307 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Board of Education and Services for the Blind] Department of Social Services is empowered to receive any federal funds made available to this state under which vocational rehabilitation is provided for a person whose visual acuity has been impaired and to expend such funds for the purpose or purposes for which they are made available. The State Treasurer shall be the custodian of such funds.
Sec. 24. Section 10-308 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Board of Education and Services for the Blind] Department of Social Services may cooperate, pursuant to agreements, with the federal government in carrying out the purposes of any federal statutes pertaining to vocational rehabilitation, and is authorized to adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of such agreements or plans for vocational rehabilitation and to comply with such conditions as may be necessary to secure the full benefits of such federal statutes.
Sec. 25. Section 10-308a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Board of Education and Services for the Blind] Commissioner of Social Services shall adopt regulations, in accordance with chapter 54, to determine the order to be followed in selecting those eligible persons to whom vocational rehabilitation services will be provided, in accordance with federal regulations.
Sec. 26. Section 10-309 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Board of Education and Services for the Blind] Commissioner of Social Services may place in remunerative occupations persons whose capacity to earn a living has been lost or impaired by lessened visual acuity and who, in the opinion of the [board] commissioner, are susceptible of placement, and may make such regulations as are necessary for the administration of the provisions of sections 10-306 to 10-310, inclusive, as amended by this act.
Sec. 27. Section 10-310 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The limitations on expenditures for a blind person provided in this chapter shall not apply to the expenditures for vocational rehabilitation of a person of lessened visual acuity as set forth in sections 10-306 to 10-309, inclusive, as amended by this act, provided the combined biennial expenditures under this chapter and under said sections shall not exceed the biennial appropriation to the [Board of Education and Services for the Blind] Department of Social Services by the General Assembly for the purpose of providing services to persons who are legally blind or visually impaired.
Sec. 28. Section 10-311a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The case records of the [Board of Education and Services for the Blind] Department of Social Services maintained for the purposes of this chapter shall be confidential and the names and addresses of recipients of assistance under this chapter shall not be published or used for purposes not directly connected with the administration of this chapter, except as necessary to carry out the provisions of sections 10-298, as amended by this act, and 17b-6.
Sec. 29. Section 16-256b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Each telephone company and each certified telecommunications provider that makes equipment available to customers shall make special telecommunications equipment capable of serving the needs of deaf and hearing and speech impaired persons available for rental or purchase and be responsible for the maintenance and repair of any such equipment it leases or sells.
(b) (1) Each domestic telephone company having at least one hundred thousand customers shall pay into a Special Telecommunications Equipment Fund twenty thousand dollars. [not later than July 1, 1992.] The fund shall be administered by the [Commission on the Deaf and Hearing Impaired] Commissioner of Social Services. The Department of Public Utility Control shall include all payments made by a company into said fund as operating expenses of the company for purposes of rate-making under section 16-19.
(2) Except for the funding specified in subdivision (1) of this subsection, the [State Commission on the Deaf and Hearing Impaired] Commissioner of Social Services may draw on funds obtained through agreements between the state and domestic telephone companies in accordance with a plan developed, after notice and hearing, by the [commission] commissioner not later than January first, annually, and approved by the joint standing committee of the General Assembly having cognizance of matters relating to [public utilities] energy. The plan shall provide for the distribution of moneys from the funds to deaf and hearing and speech impaired persons for the purchase, upgrading, rental, maintenance and repair of special telecommunications equipment capable of serving the needs of such persons or to vendors providing such equipment or servicing. The plan may also provide for the distribution of moneys from the funds for the provision of message relay services for persons using telecommunication devices for the deaf, upon a determination by the [commission] commissioner that such moneys are needed to ensure that such services are made available to such persons and that there are adequate moneys in the funds for special telecommunications equipment purposes. The plan shall provide that not more than ten per cent of the moneys annually paid into the fund shall be allocated to the [commission] Department of Social Services to carry out its administrative responsibilities under this subdivision and not more than five per cent of the moneys annually paid by a telephone company into the fund shall be allocated to such corporation to carry out its responsibilities under subdivision (1) of this subsection. All moneys allocated to the [commission] Department of Social Services in accordance with this section shall be paid to the State Treasurer for deposit in the General Fund.
(3) The [Commission on the Deaf and Hearing Impaired] Department of Social Services shall, not later than March first, annually, submit a written financial report on the fund it administers under subdivision (2) of this section to the General Assembly and the Auditors of Public Accounts. Such report shall include a balance sheet and income and expense statement for the preceding calendar year, clearly setting forth the fund's income and expenses and all amounts spent for the direct purpose of the fund.
(c) (1) Each telephone company and each certified telecommunications provider shall, in consultation with the [Commission on the Deaf and Hearing Impaired] Commissioner of Social Services, prepare and submit to the Department of Public Utility Control and the joint standing committee of the General Assembly having cognizance of matters relating to [public utilities] energy a plan which shall provide that, to the extent possible, (A) not less than eighty per cent of the coin and coinless telephones installed for public use by the telephone company or certified telecommunications provider shall be equipped [, not later than July 1, 1995,] with controls for the amplification of incoming transmissions, [and not less than eighty per cent of the coin and coinless telephones installed for public use by the telephone company or certified telecommunications provider after July 1, 1995, shall be equipped with such controls,] and (B) not less than fifty per cent of the coin and coinless telephones installed for semipublic use by the telephone company or certified telecommunications provider pursuant to tariffs shall be equipped [, not later than July 1, 1995,] with such controls. [and not less than fifty per cent of the coin and coinless telephones installed for semipublic use by the telephone company or certified telecommunications provider pursuant to tariffs after July 1, 1995, shall be equipped with such controls.]
(2) Not later than July first, annually, each such telephone company and each such certified telecommunications provider shall submit a report to [said commission, department and joint standing committee] the Department of Public Utility Control, the Department of Social Services and the joint standing committee of the General Assembly having cognizance of matters relating to energy on the implementation of the plan prepared under subdivision (1) of this subsection, provided, if a telephone company or a certified telecommunications provider documents in any such report that it has fully complied with the provisions of subdivision (1) of this subsection, it shall not be required to submit additional annual reports.
(3) The cost of compliance with the provisions of this subsection shall be recoverable from ratepayers through the overall rate structure approved by the Department of Public Utility Control.
(d) Not less than eighty per cent of the coin and coinless telephones installed for public use [on or after July 1, 1993,] by any person, other than a telephone company or a certified telecommunications provider shall be equipped with such amplification controls at the time the telephones are installed.
Sec. 30. Subdivision (9) of subsection 17a-248 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(9) "Participating agencies" includes, but is not limited to, the Departments of Education, Social Services, Public Health, Children and Families and Developmental Services, the Insurance Department [, the Board of Education and Services for the Blind, the Commission on the Deaf and Hearing Impaired] and the Office of Protection and Advocacy for Persons with Disabilities.
Sec. 31. Section 17b-651 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The Department of Social Services shall maintain a Bureau of Rehabilitation Services and shall disburse all funds provided for such rehabilitation. [, except for services to the blind.] The Commissioner of Social Services shall appoint and, subject to the provisions of section 4-40, the Commissioner of Administrative Services, subject to the approval of the Secretary of the Office of Policy and Management, shall fix the compensation of such persons as may be necessary to administer the provisions of sections 17b-650 to 17b-663, inclusive, as amended by this act, and may, within said bureau, create such sections as will facilitate such administration, including a disability determinations section for which one hundred per cent federal funds may be accepted for the operation of such section in conformity with applicable state and federal regulations.
Sec. 32. Section 17b-656 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Whenever any products made or manufactured by or services provided by persons with disabilities through community rehabilitation programs described in subsection (b) of section 17b-655 or in any workshop established, operated or funded by nonprofit and nonsectarian organizations for the purpose of providing persons with disabilities training and employment suited to their abilities meet the requirements of any department, institution or agency supported in whole or in part by the state as to quantity, quality and price such products shall have preference over products or services from other providers, except (1) [articles produced or manufactured by blind persons under the direction or supervision of the Board of Education and Services for the Blind as provided in section 10-298a, (2)] articles produced or manufactured by Department of Correction industries as provided in section 18-88, [(3)] (2) emergency purchases made under section 4-98, and [(4)] (3) janitorial services provided by a qualified partnership, pursuant to the provisions of subsections (b) to (e), inclusive, of section 4a-82. All departments, institutions and agencies supported in whole or in part by the state shall purchase such articles made or manufactured and services provided by persons with disabilities from the Bureau of Rehabilitation Services of the Department of Social Services. Any political subdivision of the state may purchase such articles and services through the Bureau of Rehabilitation Services of the Department of Social Services. A list describing styles, designs, sizes and varieties of all such articles made by persons with disabilities and describing all available services provided by such persons shall be prepared by the Connecticut Community Providers Association. [The Bureau of Rehabilitation Services of the Department of Social Services shall cooperate with the State Board of Education and Services for the Blind by submitting necessary information concerning such products and services to the Board of Education and Services for the Blind at frequent intervals.]
Sec. 33. Section 26-29 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
No fee shall be charged for any sport fishing license issued under this chapter to any blind person, and such license shall be a lifetime license not subject to the expiration provisions of section 26-35. Proof of such blindness shall be furnished, in the case of a veteran, by the United States Veterans' Administration and, in the case of any other person, by the [State Board of Education of the Blind] Department of Social Services. For the purpose of this section, a person shall be blind only if his central visual acuity does not exceed 20/200 in the better eye with correcting lenses, or if his visual acuity is greater than 20/200 but is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees.
Sec. 34. (NEW) (Effective July 1, 2011) The Department of Social Services may provide necessary services to deaf and hearing impaired persons, including, but not limited to, nonreimbursable interpreter services and message relay services for persons using telecommunication devices for the deaf.
Sec. 35. Section 46a-27 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
A state commission is hereby created [as a state-wide coordinating agency] to advocate, strengthen and [implement] advise the Department of Social Services concerning state policies affecting deaf and hearing impaired individuals and their relationship to the public, industry, health care and educational opportunity. [Said commission shall be within the Department of Social Services for administrative purposes only. The commission may provide necessary services to deaf and hearing impaired persons including, but not limited to, nonreimbursable interpreter services and message relay services for persons using telecommunications devices for the deaf.]
Sec. 36. Section 46a-28 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The commission shall consist of twenty-one members, three of whom shall be ex officio. The ex-officio members shall consist of the following individuals: The consultant appointed by the State Board of Education in accordance with section 10-316a, the president of the Connecticut Council of Organizations Serving the Deaf and the superintendent of the American School for the Deaf. The following members shall be voting members: The Commissioners of Public Health, Social Services, Mental Health, Education, Developmental Services, and Children and Families and the Labor Commissioner or their designees and eleven members appointed by the Governor. Of the members appointed by the Governor one shall be a physician licensed to practice medicine in this state and specializing in otolaryngology; one a parent of a student in a predominantly oral education program, one a parent of a student at the American School for the Deaf and one a parent of a student in a public school hearing impaired program, and seven deaf persons, one of whom shall be a parent.
(b) The commission shall meet at least quarterly or more often at the call of the chairperson or a majority of the members. A majority of the voting members in office but not less than seven voting members shall constitute a quorum.
(c) Any appointed member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned. Vacancies occurring otherwise than by expiration of term in the membership of the commission shall be filled by the officer authorized to make the original appointments.
(d) The members of the commission shall be reimbursed for actual and necessary expenses incurred in the performance of their duties.
[(e) There shall be established the position of executive director who shall be the chief executive officer of the commission. His qualifications and compensation shall be determined by the Commissioner of Administrative Services, subject to the approval of the Secretary of the Office of Policy and Management, pursuant to section 4-40. Said executive director shall function under the direction of the commission.
(f) Subject to the provisions of chapter 67, the commission is authorized to employ such clerical and other assistance as it requires to carry out the provisions of sections 46a-27 to 46a-32, inclusive.]
(e) The commission shall serve as an advisor to the Department of Social Services on matters affecting deaf and hearing impaired individuals.
Sec. 37. Section 46a-29 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [commission] Commissioner of Social Services may request and shall receive from any department, division, board, bureau, commission or agency of the state or of any political subdivision thereof such assistance and data as will enable [it] the Department of Social Services to properly to carry out its activities under sections 46a-27 to 46a-32, inclusive, as amended by this act, and effectuate the purposes therein set forth.
[(b) The commission shall be provided with necessary office space in Hartford by the Commissioner of Public Works.]
[(c)] (b) The Commissioner of Education shall assign one vocational rehabilitation consultant to act as a liaison staff member of the commission.
Sec. 38. Section 46a-30 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [commission] Commissioner of Social Services may receive moneys from any source, including gifts, grants, bequests and reimbursements which moneys may be expended for the purposes designated by the donor or to effectuate the provisions of sections 46a-27 to 46a-30, inclusive, as amended by this act, and 46a-32, as amended by this act.
(b) The [commission] Commissioner of Social Services is empowered to expend its appropriation and receipts to initiate and support the provisions of said sections by contract or other arrangement and to contract for and engage consultants.
Sec. 39. Section 46a-32 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [commission] Commissioner of Social Services shall make an annual report to the Governor and General Assembly which shall include [its] recommendations for needed programs to effectuate the provisions of sections 46a-27 to 46a-30, inclusive, as amended by this act. When advisable, the [commission] commissioner may make an interim report to the Governor and the General Assembly with [its] recommendations, in order to afford opportunity for immediate action to be taken thereon.
Sec. 40. Section 46a-33a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) For the purposes of this section:
(1) "Interpreting" means the translating or transliterating of English concepts to a language concept used by a person who is deaf or hard of hearing or means the translating of a deaf or hard of hearing person's language concept to English concepts. Language concepts include, but are not limited to, the use of American Sign Language, English-based sign language, cued speech, oral transliterating and information received tactually;
(2) "Legal setting" means any criminal or civil action involving a court of competent jurisdiction, any investigation conducted by a duly authorized law enforcement agency, employment related hearings and appointments requiring the presence of an attorney;
(3) "Medical setting" means medical related situations including mental health treatment, psychological evaluations, substance abuse treatment, crisis intervention and appointments or treatment requiring the presence of a doctor, nurse or other health care professional; and
(4) "Educational setting" means a school or other educational institution, including elementary, high school and post-graduation schools where interpretive services are provided to a student.
(b) [Commencing October 1, 1998, and annually thereafter, all] All persons providing interpreting services shall register with the [Commission on the Deaf and Hearing Impaired] Commissioner of Social Services. Such registration shall be on a form prescribed or furnished by the [commission] commissioner and shall include the registrant's name, address, phone number, place of employment as interpreter and interpreter certification or credentials. [Commencing July 1, 2001, and annually thereafter, the commission] The commissioner shall issue identification cards for those who register in accordance with this section.
(c) No person shall provide interpreting services unless such person is registered with the [commission] Commissioner of Social Services according to the provisions of this section and (1) has passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, holds a level three certification provided by the National Association of the Deaf, documents the achievement of two continuing education units per year for a maximum of five years of [commission-approved] training approved by the Commissioner of Social Services, and on or before the fifth anniversary of having passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, has passed the National Registry of Interpreters for the Deaf performance examination or the National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreter certification examination, (2) has passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination and is a graduate of an accredited interpreter training program and documents the achievement of two continuing education units per year for a maximum of five years of [commission-approved] training approved by the commissioner, and on or before the fifth anniversary of having passed the National Registry of Interpreters for the Deaf written generalist test or the National Association of the Deaf-National Registry of Interpreters for the Deaf certification knowledge examination, has passed the National Registry of Interpreters for the Deaf performance examination or the National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreter certification examination, (3) holds a level four or higher certification from the National Association of the Deaf, (4) holds certification by the National Registry of Interpreters for the Deaf, (5) for situations requiring an oral interpreter only, holds oral certification from the National Registry of Interpreters for the Deaf, (6) for situations requiring a cued speech transliterator only, holds certification from the National Training, Evaluation and Certification Unit and has passed the National Registry of Interpreters for the Deaf written generalist test, (7) holds a reverse skills certificate or is a certified deaf interpreter under the National Registry of Interpreters for the Deaf, or (8) holds a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate.
(d) No person shall provide interpreting services in a medical setting unless such person is registered with the [commission] Commissioner of Social Services according to the provisions of this section and (1) holds a comprehensive skills certificate from the National Registry of Interpreters for the Deaf, (2) holds a certificate of interpretation or a certificate of transliteration from the National Registry of Interpreters for the Deaf, (3) holds a level four or higher certification from the National Association of the Deaf, (4) holds a reverse skills certificate or is a certified deaf interpreter under the National Registry of Interpreters for the Deaf, (5) for situations requiring an oral interpreter only, holds oral certification from the National Registry of Interpreters for the Deaf, (6) for situations requiring a cued speech transliterator only, holds certification from the National Training, Evaluation and Certification Unit and has passed the National Registry of Interpreters for the Deaf written generalist test, or (7) holds a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate.
(e) No person shall provide interpreting services in a legal setting unless such person is registered with the [commission] Commissioner of Social Services according to the provisions of this section and (1) holds a comprehensive skills certificate from the National Registry of Interpreters for the Deaf, (2) holds a certificate of interpretation and a certificate of transliteration from the National Registry of Interpreters for the Deaf, (3) holds a level five certification from the National Association of the Deaf, (4) holds a reverse skills certificate or is a certified deaf interpreter under the National Registry of Interpreters for the Deaf, (5) for situations requiring an oral interpreter only, holds oral certification from the National Registry of Interpreters for the Deaf, (6) for situations requiring a cued speech transliterator only, holds certification from the National Training, Evaluation and Certification Unit and has passed the National Registry of Interpreters for the Deaf written generalist test, or (7) holds a National Association of the Deaf-National Registry of Interpreters for the Deaf national interpreting certificate.
(f) The requirements of this section shall apply to persons who receive compensation for the provision of interpreting services and include those who provide interpreting services as part of their job duties.
[(g) The provisions of subsection (c) of this section shall not apply to any person providing interpreting services in an educational setting until July 1, 2003.]
Sec. 41. Section 46a-33b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Upon the request of any person or any public or private entity, the [Commission on the Deaf and Hearing Impaired] Department of Social Services shall provide interpreting services to assist such person or entity to the extent such persons who provide interpreting services are available. Any person or entity receiving interpreting services through the [commission] department shall reimburse the [commission] department for such services at a rate set by the [commission] Commissioner of Social Services. The [commission] commissioner shall adopt regulations in accordance with the provisions of chapter 54 to establish the manner of rate setting.
Sec. 42. Subsection (d) of section 51-245 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(d) Notwithstanding the provisions of subsections (a) and (b) of this section, if any juror is deaf or hearing impaired, such juror shall have the assistance of a qualified interpreter who shall be present throughout the proceeding and when the jury assembles for deliberation. Such interpreter shall be provided by the [Commission on the Deaf and Hearing Impaired] Department of Social Services at the request of the juror or the court. Such interpreter shall be subject to rules adopted pursuant to section 51-245a.
Sec. 43. Section 4-5 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
As used in sections 4-6, 4-7 and 4-8, the term "department head" means Secretary of the Office of Policy and Management, Commissioner of Administrative Services, Commissioner of Revenue Services, Banking Commissioner, Commissioner of Children and Families, Commissioner of Consumer Protection, Commissioner of Correction, Commissioner of Economic and Community Development, State Board of Education, Commissioner of Emergency Management and Homeland Security, Commissioner of Environmental Protection, Commissioner of Agriculture, Commissioner of Public Health, Insurance Commissioner, Labor Commissioner, Liquor Control Commission, Commissioner of Mental Health and Addiction Services, Commissioner of Public Safety, Commissioner of Social Services, Commissioner of Developmental Services, Commissioner of Motor Vehicles, Commissioner of Transportation, Commissioner of Public Works, Commissioner of Veterans' Affairs, Chief Information Officer, the chairperson of the Public Utilities Control Authority, [the executive director of the Board of Education and Services for the Blind,] the executive director of the Connecticut Commission on Culture and Tourism, and the executive director of the Office of Military Affairs. As used in sections 4-6 and 4-7, "department head" also means the Commissioner of Education.
Sec. 44. Subsection (e) of section 5-259 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(e) Notwithstanding the provisions of subsection (a) of this section, (1) vending stand operators eligible for membership in the state employee's retirement system pursuant to section 5-175a, as amended by this act, shall be eligible for coverage under the group hospitalization and medical and surgical insurance plans procured under this section, provided the cost for such operators' insurance coverage shall be paid by the [Board of Education and Services for the Blind] Department of Social Services from vending machine income pursuant to section 10-303, as amended by this act, and (2) blind persons employed in workshops, established pursuant to section 10-298a, as amended by this act, on December 31, 2002, shall be eligible for coverage under the group hospitalization and medical and surgical insurance plans procured under this section, provided the cost for such persons' insurance coverage shall be paid by the [Board of Education and Services for the Blind] Department of Social Services. General workers employed in positions by the Department of Developmental Services as self-advocates, not to exceed eleven employees, shall be eligible for sick leave, in accordance with section 5-247, vacation and personal leave, in accordance with section 5-250, and holidays, in accordance with section 5-254.
Sec. 45. Subsection (b) of section 14-253a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) The Commissioner of Motor Vehicles shall accept applications and renewal applications for special license plates and removable windshield placards from (1) any person who is blind, as defined in section 1-1f; (2) any person with disabilities; (3) any parent or guardian of any person who is blind or any person with disabilities, if such person is under eighteen years of age at the time of application; (4) any parent or guardian of any person who is blind or any person with disabilities, if such person is unable to request or complete an application; and (5) any organization which meets criteria established by the commissioner and which certifies to the commissioner's satisfaction that the vehicle for which a plate or placard is requested is primarily used to transport persons who are blind or persons with disabilities. On and after January 1, 2010, no person shall be issued a placard in accordance with this section unless such person is the holder of a valid motor vehicle operator's license, or identification card issued in accordance with the provisions of section 1-1h. The commissioner is authorized to adopt regulations for the issuance of placards to persons who, by reason of hardship, do not hold or cannot obtain an operator's license or identification card. The commissioner shall maintain a record of each placard issued to any such person. Such applications and renewal applications shall be on a form prescribed by the commissioner. In the case of persons with disabilities, the application and renewal application shall include: (A) Certification by a licensed physician, a physician assistant, or an advanced practice registered nurse licensed in accordance with the provisions of chapter 378, that the applicant is disabled; (B) certification by a licensed physician, a physician assistant, an advanced practice registered nurse licensed in accordance with the provisions of chapter 378, or a member of the handicapped driver training unit established pursuant to section 14-11b, that the applicant meets the definition of a person with a disability which limits or impairs the ability to walk, as defined in 23 CFR Section 1235.2. In the case of persons who are blind, the application or renewal application shall include certification of legal blindness made by the [Board of Education and Services for the Blind] Commissioner of Social Services, an ophthalmologist or an optometrist. Any person who makes a certification required by this subsection shall sign the application or renewal application under penalty of false statement pursuant to section 53a-157b. The commissioner, in said commissioner's discretion, may accept the discharge papers of a disabled veteran, as defined in section 14-254, in lieu of such certification. The [commissioner] Commissioner of Motor Vehicles may require additional certification at the time of the original application or at any time thereafter. If a person who has been requested to submit additional certification fails to do so within thirty days of the request, or if such additional certification is deemed by the [commissioner] Commissioner of Motor Vehicles to be unfavorable to the applicant, the commissioner may refuse to issue or, if already issued, suspend or revoke such special license plate or placard. The commissioner shall not issue more than one placard per applicant. The fee for the issuance of a temporary removable windshield placard shall be five dollars. Any person whose application has been denied or whose special license plate or placard has been suspended or revoked shall be afforded an opportunity for a hearing in accordance with the provisions of chapter 54.
Sec. 46. Section 10-294 of the general statutes is repealed. (Effective July 1, 2011)
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2011 |
New section |
Sec. 2 |
July 1, 2011 |
New section |
Sec. 3 |
July 1, 2011 |
New section |
Sec. 4 |
July 1, 2011 |
4-89(g) |
Sec. 5 |
July 1, 2011 |
5-175a(a) |
Sec. 6 |
July 1, 2011 |
9-20(c) |
Sec. 7 |
July 1, 2011 |
10-76y(a) |
Sec. 8 |
July 1, 2011 |
10-293 |
Sec. 9 |
July 1, 2011 |
10-295 |
Sec. 10 |
July 1, 2011 |
10-296 |
Sec. 11 |
July 1, 2011 |
10-297 |
Sec. 12 |
July 1, 2011 |
10-297a |
Sec. 13 |
July 1, 2011 |
10-298 |
Sec. 14 |
July 1, 2011 |
10-298a |
Sec. 15 |
July 1, 2011 |
10-298b |
Sec. 16 |
July 1, 2011 |
10-298c |
Sec. 17 |
July 1, 2011 |
10-300 |
Sec. 18 |
July 1, 2011 |
10-300a |
Sec. 19 |
July 1, 2011 |
10-303 |
Sec. 20 |
July 1, 2011 |
10-304 |
Sec. 21 |
July 1, 2011 |
10-305 |
Sec. 22 |
July 1, 2011 |
10-306 |
Sec. 23 |
July 1, 2011 |
10-307 |
Sec. 24 |
July 1, 2011 |
10-308 |
Sec. 25 |
July 1, 2011 |
10-308a |
Sec. 26 |
July 1, 2011 |
10-309 |
Sec. 27 |
July 1, 2011 |
10-310 |
Sec. 28 |
July 1, 2011 |
10-311a |
Sec. 29 |
July 1, 2011 |
16-256b |
Sec. 30 |
July 1, 2011 |
17a-248(9) |
Sec. 31 |
July 1, 2011 |
17b-651 |
Sec. 32 |
July 1, 2011 |
17b-656 |
Sec. 33 |
July 1, 2011 |
26-29 |
Sec. 34 |
July 1, 2011 |
New section |
Sec. 35 |
July 1, 2011 |
46a-27 |
Sec. 36 |
July 1, 2011 |
46a-28 |
Sec. 37 |
July 1, 2011 |
46a-29 |
Sec. 38 |
July 1, 2011 |
46a-30 |
Sec. 39 |
July 1, 2011 |
46a-32 |
Sec. 40 |
July 1, 2011 |
46a-33a |
Sec. 41 |
July 1, 2011 |
46a-33b |
Sec. 42 |
July 1, 2011 |
51-245(d) |
Sec. 43 |
July 1, 2011 |
4-5 |
Sec. 44 |
July 1, 2011 |
5-259(e) |
Sec. 45 |
July 1, 2011 |
14-253a(b) |
Sec. 46 |
July 1, 2011 |
Repealer section |
Statement of Purpose:
To implement the Governor's budget recommendations.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]