Bill Text: CT SB01241 | 2011 | General Assembly | Introduced
Bill Title: An Act Implementing Provisions Of The Budget Concerning General Government.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-05-27 - Emergency Certification [SB01241 Detail]
Download: Connecticut-2011-SB01241-Introduced.html
General Assembly |
Bill No. 1241 | ||
January Session, 2011 |
LCO No. 7549 | ||
*07549__________* | |||
Referred to Committee on No Committee |
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Introduced by: |
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SEN. WILLIAMS, 29th Dist. REP. DONOVAN, 84th Dist. |
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AN ACT IMPLEMENTING PROVISIONS OF THE BUDGET CONCERNING GENERAL GOVERNMENT.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (a) of section 17b-278g of the general statutes, as amended by section 94 of senate bill 1240 of the current session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) To the extent permitted by federal law, no payment shall be provided by the Department of Social Services under the Medicaid program for more than one pair of eyeglasses every two years, except payment may be provided under the Medicaid program for an additional pair of eyeglasses during the two-year period when a Medicaid recipient's health care provider determines that such eyeglasses are necessary because of a change in the recipient's medical condition. Said department shall administer the payment for eyeglasses and contact lenses as cost effectively as possible.
Sec. 2. Section 69 of senate bill 1240 of the current session is repealed and the following is substituted in lieu thereof (Effective from passage):
Notwithstanding the provisions of section 60 of public act 05-251, effective January 1, 2012, the personnel, payroll, [administrative] affirmative action and business office functions of the Board of Education and Services for the Blind and the Commission on the Deaf and Hearing Impaired shall no longer be merged and consolidated into the Department of Administrative Services and will be assumed by the Bureau of Rehabilitative Services, provided the director of the Bureau of Rehabilitative Services may extend the effective date for the transfer of functions for six months, to June 30, 2012, by submitting a written notice to the joint standing committees of the General Assembly having cognizance of matters relating to human services and appropriations and the budgets of state agencies.
Sec. 3. Section 11 of public act 11-6 is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The Secretary of the Office of Policy and Management shall monitor expenditures for Personal Services, during the fiscal years ending June 30, 2012, and June 30, 2013, in order to reduce such expenditures by $12,014,800 for such purpose during each such fiscal year. The provisions of this subsection shall not apply to the constituent units of the state system of higher education, as defined in section 10a-1 of the general statutes.
(b) The Secretary of the Office of Policy and Management shall monitor expenditures for Other Expenses, during the fiscal years ending June 30, 2012, and June 30, 2013, in order to reduce such expenditures for such purpose by $9,440,200 during each such fiscal year. The provisions of this subsection shall not apply to the constituent units of the state system of higher education, as defined in section 10a-1 of the general statutes.
Sec. 4. Subsection (a) of section 12 of public act 11-6 is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Any agreement reached through negotiations between the state and the State Employees Bargaining [Unit] Agent Coalition (SEBAC) concerning wages, hours and other conditions of employment to achieve the labor-management savings specified in [this act] public act 11-6 shall be subject to approval of the General Assembly in accordance with section 5-278 of the general statutes.
Sec. 5. Subsection (b) of section 48 of public act 11-6 is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) The sum of $100,000 appropriated in section 1 of [this act] public act 11-6 to the [Office of Policy and Management] Department of Energy and Environmental Protection, for Operation Fuel, for each of the fiscal years ending June 30, 2012, and June 30, 2013, shall be available for the purpose of providing a grant to Operation Fuel, Incorporated, for operating expenses incurred for administration of the emergency [home cooling] energy assistance provided pursuant to subsection (a) of this section.
Sec. 6. (Effective July 1, 2011) Up to $100,000 of the unexpended balance of funds appropriated to the Banking Department in section 6 of public act 09-3 of the June special session, and carried forward by section 55 of public act 10-179, for Other Expenses, shall not lapse on June 30, 2011, and such funds shall continue to be available for the purpose of upgrading software during the fiscal year ending June 30, 2012.
Sec. 7. (Effective July 1, 2011) Up to $15,000 of the unexpended balance of funds appropriated to the Banking Department in section 16 of public act 09-3 of the June special session, for Equipment, shall not lapse on June 30, 2011, and such funds shall continue to be available for the purpose of upgrading software during the fiscal year ending June 30, 2012.
Sec. 8. (Effective July 1, 2011) Up to $300,000 of the unexpended balance of funds appropriated to the Department of Motor Vehicles in section 12 of public act 09-3 of the June special session, as amended by section 2 of public act 10-179, for Equipment, shall not lapse on June 30, 2011, and such funds shall be transferred to Other Expenses, for the purpose of replacing the roof of the Department of Motor Vehicles' Enfield office during the fiscal years ending June 30, 2012, and June 30, 2013.
Sec. 9. (Effective July 1, 2011) Up to $100,000 of the unexpended balance of funds appropriated to the Department of Motor Vehicles in section 12 of public act 09-3 of the June special session, as amended by section 2 of public act 10-179, for Other Expenses, shall not lapse on June 30, 2011, and such funds shall continue to be available for the purpose of replacing the roof of the Department of Motor Vehicles' Enfield office during the fiscal years ending June 30, 2012, and June 30, 2013.
Sec. 10. Subsection (b) of section 36a-65 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) (1) Each such bank and credit union shall pay the commissioner the amount allocated to it [within twenty business days from the time the commissioner mails a notice to it of the amount due, with] not later than the date specified by the commissioner for payment. Any such bank or credit union shall pay the commissioner an additional two hundred dollars if [the amount allocated] such payment is not paid [in] by the time specified. The provisions of this subdivision shall not apply to any person required to pay the commissioner any fee for license or registration or the whole cost of all examinations made by the commissioner.
(2) [The] Except as provided in section 134 of public act 11-6, as amended by this act, the State Treasurer shall place all funds received from the commissioner [and all moneys received from any person for documents or reports sold by the commissioner] in a special fund to be known as the State Banking Fund. Amounts in the fund may be expended only pursuant to appropriation by the General Assembly.
(3) The Comptroller shall determine for each fiscal year the expenses of the Department of Banking.
(4) The Secretary of the Office of Policy and Management shall examine the State Banking Fund annually after the Comptroller has made his determination and shall direct the Treasurer to set aside within the Banking Fund amounts in excess of a reasonable reserve for contingencies, which excess amounts shall be considered a surplus for the purposes of subsection (a) of this section.
Sec. 11. Section 134 of public act 11-6 is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Any fines, civil penalties or restitution imposed by the Banking Commissioner or ordered by a court of competent jurisdiction in accordance with section 36a-50, 36a-53, 36b-27 or [36a-57] 36b-72 of the general statutes and any late fees received by the commissioner pursuant to subsection (b) of section 36a-65 of the general statutes, as amended by this act, shall be deposited into the General Fund.
Sec. 12. Subsection (c) of section 32-601 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(c) (1) The board of directors shall annually elect one of its members as vice-chairperson and shall elect other of its members as officers, adopt a budget and bylaws, designate an executive committee, report semiannually to the appointing authorities with respect to operations, finances and achievement of its economic development objectives, be accountable to and cooperate with the state whenever, pursuant to the provisions of sections 32-600 to 32-611, inclusive, as amended by this act, the state may audit the authority or any project of the authority, as defined in section 32-600, or at any other time as the state may inquire as to either, including allowing the state reasonable access to any such project and to the records of the authority and exercise the powers set forth in section 32-602, as amended by this act.
(2) The authority shall have an executive director [, who shall be a member of the staff of the Office of Policy and Management and shall act as project comptroller pursuant to subparagraph (A) of subdivision (1) of section 32-655a. The executive director] who shall be appointed by the board of directors and shall be the chief administrative officer of the authority. The executive director shall not be a member of the board of directors and shall be exempt from the classified service.
(3) Members of the board of directors shall receive no compensation for the performance of their duties hereunder but shall be reimbursed for all expenses reasonably incurred in the performance thereof.
Sec. 13. Subsection (e) of section 32-602 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(e) The authority and the Secretary of the Office of Policy and Management may enter into a memorandum of understanding pursuant to which: (1) All administrative support and services, including all staff support, necessary for the operations of the authority are provided by the Office of Policy and Management, [on and after July 1, 2010, and provision is made for continuity of credited service in the state employee retirement system for any employees of the authority hired by the Office of Policy and Management,] (2) the Office of Policy and Management is authorized to administer contracts and accounts of the authority, and (3) provision is made for the coordination of management and operational activities at the convention center facilities and the stadium facility, that may include: (A) Provision for joint procurement and contracting, (B) the sharing of services and resources, (C) the coordination of promotional and booking activities, and (D) other arrangements designed to enhance facility utilization and revenues, reduce operating costs or achieve operating efficiencies. The terms and conditions of such memorandum of understanding, including provisions with respect to the reimbursement by the authority to the Office of Policy and Management of the costs of such administrative support and services, shall be as the authority and the Secretary of the Office of Policy and Management determine to be appropriate.
Sec. 14. (NEW) (Effective July 1, 2011) The Office of Policy and Management shall (1) develop and implement an integrated set of policies governing the use of information and telecommunications systems for state agencies, and (2) develop a series of comprehensive standards and planning guidelines pertaining to the development, acquisition, implementation, oversight and management of information and telecommunications systems for state agencies.
Sec. 15. Section 27-138 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The Soldiers, Sailors and Marines Fund shall remain as established and shall be in the custody of the Treasurer as trustee of the fund and shall be administered by the treasurer of the American Legion. The Treasurer shall invest the fund and shall reinvest as much of the fund as is not required for current disbursement in accordance with the provisions of part I of chapter 32. The interest accumulations of the fund so held in trust or so much thereof as is found necessary to carry out the purposes hereinafter stated shall be paid, upon the order of the Comptroller, upon such statements as the Comptroller may require, to the treasurer of the American Legion, who shall disburse the same, and the balance of said accumulations, except for a reserve of one hundred thousand dollars held in custody of the trustee for contingent purposes, shall at the end of each fiscal year be added to the principal of the fund. If the interest accumulations of the fund, together with available appropriations, if any, of other funds, are insufficient to carry out the purposes of this part, the Finance Advisory Committee, upon recommendation of the Governor, shall make appropriations therefor from the state General Fund, limited, however, for any fiscal year to amounts which, together with said interest accumulations for such year, shall not exceed the annual interest on thirty-five million dollars at the average rate of the investment yield earned during the preceding fiscal year on the Soldiers, Sailors and Marines Fund, provided, in case of disaster constituting an emergency, as declared by the Governor, the Finance Advisory Committee may make additional appropriations to the fund without regard to such limitation. Any amounts appropriated from the General Fund under the provisions of this subsection on or after July 1, 2002, and disbursed by the treasurer of the American Legion to carry out the purposes of this part, shall be repaid to said fund in accordance with the provisions of subsection (b) of this section. Payments to the treasurer of the American Legion shall be made at such definite and stated periods as are necessary to meet the convenience of the American Legion and said trustee; but each payment shall be made upon the order of the treasurer of the American Legion, approved by at least two of its executive officers or of a special committee thereof thereunto specially authorized. No part of the interest accumulation of the fund shall be expended for the purpose of maintaining the American Legion.
(b) If in any fiscal year the interest earned on the principal of the Soldiers, Sailors and Marines Fund exceeds the expenditure level of said fund and there remains an outstanding balance in the cumulative amount to be repaid to the General Fund by the Soldiers, Sailors and Marines Fund under the provisions of subsection (a) of this section, the Comptroller may transfer any interest earned in excess of expenditure to the General Fund. Except as provided in this section, the Comptroller may not transfer interest earned on the principal of the Soldiers, Sailors and Marines Fund to the General Fund.
Sec. 16. Subsection (c) of section 27-39 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(c) Agricultural and other associations that receive state aid and military organizations may be allowed the use of military facilities at a cost not exceeding the actual maintenance cost of such facilities during the period of such use. Applications for such use may be made to the Adjutant General through the officer in charge of the military facility desired to be used. In all cases when admission is charged, a certificate of insurance, approved by the Adjutant General, indemnifying the state against injuries to person and damage to property shall be furnished, the cost of the certificate to be in addition to the leasing or maintenance charge. The Adjutant General may allow the use of any military facility, without charge, by (1) any public or private nonprofit elementary or secondary school or any public institution of higher education for purposes of athletic events with respect to which no admission is charged, (2) the American Red Cross for purposes of blood supply programs, and (3) any local, state or federal governmental agency, provided any such use does not conflict with the use of such facility for military purposes. The Adjutant General shall allow the use of the military facilities associated with the first and second companies of the Governor's Horse Guards in the towns of Avon and Newtown, without charge, by nonprofit organizations receiving contributions to support such Horse Guards for purposes of fundraising, provided such use does not conflict with the use of such facilities for military purposes.
Sec. 17. Section 4-61dd of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) Any person having knowledge of any matter involving corruption, unethical practices, violation of state laws or regulations, mismanagement, gross waste of funds, abuse of authority or danger to the public safety occurring in any state department or agency or any quasi-public agency, as defined in section 1-120, or any person having knowledge of any matter involving corruption, violation of state or federal laws or regulations, gross waste of funds, abuse of authority or danger to the public safety occurring in any large state contract, may transmit all facts and information in such person's possession concerning such matter to the Auditors of Public Accounts. The Auditors of Public Accounts shall review such matter and report their findings and any recommendations to the Attorney General. Upon receiving such a report, the Attorney General shall make such investigation as the Attorney General deems proper regarding such report and any other information that may be reasonably derived from such report. Prior to conducting an investigation of any information that may be reasonably derived from such report, the Attorney General shall consult with the Auditors of Public Accounts concerning the relationship of such additional information to the report that has been issued pursuant to this subsection. Any such subsequent investigation deemed appropriate by the Attorney General shall only be conducted with the concurrence and assistance of the Auditors of Public Accounts. At the request of the Attorney General or on their own initiative, the auditors shall assist in the investigation.
(b) (1) The Auditors of Public Accounts may reject any complaint received pursuant to subsection (a) of this section if the Auditors of Public Accounts determine one or more of the following:
(A) There are other available remedies that the complainant can reasonably be expected to pursue;
(B) The complaint is better suited for investigation or enforcement by another state agency;
(C) The complaint is trivial, frivolous, vexatious or not made in good faith;
(D) Other complaints have greater priority in terms of serving the public good;
(E) The complaint is not timely or is too long delayed to justify further investigation; or
(F) The complaint could be handled more appropriately as part of an ongoing or scheduled regular audit.
(2) If the Auditors of Public Accounts reject a complaint pursuant to subdivision (1) of this subsection, the Auditors of Public Accounts shall provide a report to the Attorney General setting out the basis for the rejection.
(3) If at any time the Auditors of Public Accounts determine that a complaint is more appropriately investigated by another state agency, the Auditors of Public Accounts shall refer the complaint to such agency. The investigating agency shall provide a status report regarding the referred complaint to the Auditors of Public Accounts upon request.
(c) The Attorney General [shall have power to] may summon witnesses, require the production of any necessary books, papers or other documents and administer oaths to witnesses, where necessary, for the purpose of an investigation pursuant to this section or for the purpose of investigating a suspected violation of subsection (a) of section 17b-301b until such time as the Attorney General files a civil action pursuant to section 17b-301c. Upon the conclusion of the investigation, the Attorney General shall where necessary, report any findings to the Governor, or in matters involving criminal activity, to the Chief State's Attorney. In addition to the exempt records provision of section 1-210, the Auditors of Public Accounts and the Attorney General shall not, after receipt of any information from a person under the provisions of this section or sections 17b-301c to 17b-301g, inclusive, disclose the identity of such person without such person's consent unless the Auditors of Public Accounts or the Attorney General determines that such disclosure is unavoidable, and may withhold records of such investigation, during the pendency of the investigation.
[(b)] (d) (1) No state officer or employee, as defined in section 4-141, no quasi-public agency officer or employee, no officer or employee of a large state contractor and no appointing authority shall take or threaten to take any personnel action against any state or quasi-public agency employee or any employee of a large state contractor in retaliation for (A) such employee's or contractor's disclosure of information to [(A)] (i) an employee of the Auditors of Public Accounts or the Attorney General under the provisions of subsection (a) of this section; [(B)] (ii) an employee of the state agency or quasi-public agency where such state officer or employee is employed; [(C)] (iii) an employee of a state agency pursuant to a mandated reporter statute or pursuant to subsection (b) of section 17a-28; or [(D)] (iv) in the case of a large state contractor, an employee of the contracting state agency concerning information involving the large state contract; or (B) such employee's testimony or assistance in any proceeding under this section.
[(2) If a state or quasi-public agency employee or an employee of a large state contractor alleges that a personnel action has been threatened or taken in violation of subdivision (1) of this subsection, the employee may notify the Attorney General, who shall investigate pursuant to subsection (a) of this section.]
[(3)] (2) (A) Not later than [thirty] ninety days after learning of the specific incident giving rise to a claim that a personnel action has been threatened or has occurred in violation of subdivision (1) of this subsection, a state or quasi-public agency employee, an employee of a large state contractor or the employee's attorney may file a complaint against the state agency, quasi-public agency, large state contractor or appointing authority concerning such personnel action with the Chief Human Rights Referee designated under section 46a-57. Such complaint may be amended if an additional incident giving rise to a claim under this subdivision occurs subsequent to the filing of the original complaint. The Chief Human Rights Referee shall assign the complaint to a human rights referee appointed under section 46a-57, who shall conduct a hearing and issue a decision concerning whether the officer or employee taking or threatening to take the personnel action violated any provision of this section. [If] The human rights referee may order a state agency or quasi-public agency to produce (i) an employee of such agency or quasi-public agency to testify as a witness in any proceeding under this subdivision, or (ii) books, papers or other documents relevant to the complaint, without issuing a subpoena. If such agency or quasi-public agency fails to produce such witness, books, papers or documents, not later than thirty days after such order, the human rights referee may consider such failure as supporting evidence for the complainant. If, after the hearing, the human rights referee finds [such] a violation, the referee may award the aggrieved employee reinstatement to the employee's former position, back pay and reestablishment of any employee benefits for which the employee would otherwise have been eligible if such violation had not occurred, reasonable attorneys' fees, and any other damages. For the purposes of this subsection, such human rights referee shall act as an independent hearing officer. The decision of a human rights referee under this subsection may be appealed by any person who was a party at such hearing, in accordance with the provisions of section 4-183.
(B) The Chief Human Rights Referee shall adopt regulations, in accordance with the provisions of chapter 54, establishing the procedure for filing complaints and noticing and conducting hearings under subparagraph (A) of this subdivision.
[(4)] (3) As an alternative to the provisions of [subdivisions (2) and (3)] subdivision (2) of this subsection: (A) A state or quasi-public agency employee who alleges that a personnel action has been threatened or taken may file an appeal not later than [thirty] ninety days after learning of the specific incident giving rise to such claim with the Employees' Review Board under section 5-202, or, in the case of a state or quasi-public agency employee covered by a collective bargaining contract, in accordance with the procedure provided by such contract; or (B) an employee of a large state contractor alleging that such action has been threatened or taken may, after exhausting all available administrative remedies, bring a civil action in accordance with the provisions of subsection (c) of section 31-51m.
[(5)] (4) In any proceeding under subdivision (2) [,] or (3) [or (4)] of this subsection concerning a personnel action taken or threatened against any state or quasi-public agency employee or any employee of a large state contractor, which personnel action occurs not later than [one year] two years after the employee first transmits facts and information concerning a matter under subsection (a) of this section or discloses information under subdivision (1) of this subsection to the Auditors of Public Accounts, [or] the Attorney General or an employee of a state agency or quasi-public agency, as applicable, there shall be a rebuttable presumption that the personnel action is in retaliation for the action taken by the employee under subsection (a) of this section or subdivision (1) of this subsection.
[(6)] (5) If a state officer or employee, as defined in section 4-141, a quasi-public agency officer or employee, an officer or employee of a large state contractor or an appointing authority takes or threatens to take any action to impede, fail to renew or cancel a contract between a state agency and a large state contractor, or between a large state contractor and its subcontractor, in retaliation for the disclosure of information pursuant to subsection (a) of this section or subdivision (1) of this subsection to any agency listed in subdivision (1) of this subsection, such affected agency, contractor or subcontractor may, not later than ninety days after learning of such action, threat or failure to renew, bring a civil action in the superior court for the judicial district of Hartford to recover damages, attorney's fees and costs.
[(c)] (e) Any employee of a state or quasi-public agency or large state contractor, who is found by the Auditors of Public Accounts, the Attorney General, a human rights referee or the Employees' Review Board to have knowingly and maliciously made false charges under subsection (a) of this section, shall be subject to disciplinary action by such employee's appointing authority up to and including dismissal. In the case of a state or quasi-public agency employee, such action shall be subject to appeal to the Employees' Review Board in accordance with section 5-202, or in the case of state or quasi-public agency employees included in collective bargaining contracts, the procedure provided by such contracts.
[(d)] (f) On or before September first, annually, the Auditors of Public Accounts shall submit, in accordance with the provisions of section 11-4a, to the clerk of each house of the General Assembly a report indicating the number of matters for which facts and information were transmitted to the auditors pursuant to this section during the preceding state fiscal year and the disposition of each such matter.
[(e)] (g) Each contract between a state or quasi-public agency and a large state contractor shall provide that, if an officer, employee or appointing authority of a large state contractor takes or threatens to take any personnel action against any employee of the contractor in retaliation for such employee's disclosure of information to any employee of the contracting state or quasi-public agency or the Auditors of Public Accounts or the Attorney General under the provisions of subsection (a) or subdivision (1) of subsection (d) of this section, the contractor shall be liable for a civil penalty of not more than five thousand dollars for each offense, up to a maximum of twenty per cent of the value of the contract. Each violation shall be a separate and distinct offense and in the case of a continuing violation each calendar day's continuance of the violation shall be deemed to be a separate and distinct offense. The executive head of the state or quasi-public agency may request the Attorney General to bring a civil action in the superior court for the judicial district of Hartford to seek imposition and recovery of such civil penalty.
[(f)] (h) Each state agency or quasi-public agency shall post a notice of the provisions of this section relating to state employees and quasi-public agency employees in a conspicuous place that is readily available for viewing by employees of such agency or quasi-public agency. Each large state contractor shall post a notice of the provisions of this section relating to large state contractors in a conspicuous place which is readily available for viewing by the employees of the contractor.
[(g)] (i) No person who, in good faith, discloses information [to the Auditors of Public Accounts or the Attorney General] in accordance with the provisions of this section shall be liable for any civil damages resulting from such good faith disclosure.
[(h)] (j) As used in this section:
(1) "Large state contract" means a contract between an entity and a state or quasi-public agency, having a value of five million dollars or more; and
(2) "Large state contractor" means an entity that has entered into a large state contract with a state or quasi-public agency.
Sec. 18. (Effective from passage) On or before February 1, 2012, the Attorney General and the Auditors of Public Accounts shall submit a joint report to the Legislative Program Review and Investigations Committee, in accordance with the provisions of section 11-4a of the general statutes, concerning the status of modifications made to the Attorney General's and Auditors' implementation of section 4-61dd of the general statutes, as amended by this act.
Sec. 19. (Effective July 1, 2011) No Auditor of Public Accounts appointed pursuant to section 2-89 of the general statutes shall receive any mileage reimbursement for the biennium ending June 30, 2013.
Sec. 20. (Effective from passage) (a) The Commission on Human Rights and Opportunities shall, within available appropriations and in consultation with the Department of Administrative Services, conduct a disparity study. The study shall generate statistical data concerning the state's current set-aside program, established under section 4a-60g of the general statutes, to determine whether its current form achieves the goal of facilitating the participation in state contracts of small contractors and minority business enterprises. The study shall include, but not be limited to, examining:
(1) Whether there is significant evidence of past or continuing discrimination in the way that the state's contracting duties are executed;
(2) The number of small contractors or minority business enterprises that are qualified for eligibility for state contracts under the set-aside program established pursuant to section 4a-60g of the general statutes, and a determination of whether such businesses are legitimate small contractors or legitimately owned by members of a minority; and
(3) The state's contracting processes to determine if there are any unintentional but existing barriers in the process that prevent small contractors and minority business enterprises from fully participating in the state's contracting process.
(b) Not later than January 1, 2012, the executive director of the Commission on Human Rights and Opportunities shall submit findings concerning such study and any recommendations for legislative action concerning such study, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to government administration.
Sec. 21. Section 29-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
On and after January 1, 2006, the Commissioner of Public Safety shall appoint and maintain a minimum of one thousand two hundred forty-eight sworn state police personnel to efficiently maintain the operation of the division. On or after June 6, 1990, the commissioner shall appoint from among such personnel not more than three lieutenant colonels who shall be in the unclassified service as provided in section 5-198. Any permanent employee in the classified service who accepts appointment to the position of lieutenant colonel in the unclassified service may return to the classified service at such employee's former rank. [The position of major in the classified service shall be abolished on July 1, 1999, but any existing position of major in the classified service may continue until termination of service.] The commissioner shall appoint not more than [seven] twelve majors who shall be in the [unclassified] classified service. [as provided in section 5-198.] The position of major in the unclassified service shall be abolished on July 1, 2011. Any permanent employee in the classified service who accepts appointment to the position of major in the unclassified service prior to July 1, 2011, may return to the classified service at such permanent employee's former rank. The commissioner, subject to the provisions of chapter 67, shall appoint such numbers of captains, lieutenants, sergeants, detectives and corporals as the commissioner deems necessary to officer efficiently the state police force. The commissioner may appoint a Deputy State Fire Marshal who shall be in the unclassified service as provided in section 5-198. Any permanent employee in the classified service who accepts appointment to the position of Deputy State Fire Marshal in the unclassified service may return to the classified service at such employee's former rank, class or grade, whichever is applicable. The commissioner shall establish such divisions as the commissioner deems necessary for effective operation of the state police force and consistent with budgetary allotments, a Criminal Intelligence Division and a state-wide organized crime investigative task force to be engaged throughout the state for the purpose of preventing and detecting any violation of the criminal law. The head of the Criminal Intelligence Division shall be of the rank of sergeant or above. The head of the state-wide organized crime investigative task force shall be a police officer. Salaries of the members of the Division of State Police within the Department of Public Safety shall be fixed by the Commissioner of Administrative Services as provided in section 4-40. State police personnel may be promoted, demoted, suspended or removed by the commissioner, but no final dismissal from the service shall be ordered until a hearing has been had before said commissioner on charges preferred against such officer. Each state police officer shall, before entering upon such officer's duties, be sworn to the faithful performance of such duties. The Commissioner of Public Safety shall designate an adequate patrol force for motor patrol work exclusively.
Sec. 22. (NEW) (Effective July 1, 2011) (a) The constituent units of the state system of higher education, as defined in section 10a-1 of the general statutes, shall use best efforts to work with the Secretary of the Office of Policy and Management, the Department of Administrative Services and the Comptroller to fully utilize the CORE-CT system in carrying out accounting processes and financial reporting that meet constitutional needs and providing for budgetary and financial reporting needs.
(b) The constituent units of the state system of higher education, as defined in section 10a-1 of the general statutes, shall use best efforts to work with the Secretary of the Office of Policy and Management, the Department of Administrative Services and the Comptroller to fully utilize the CORE-CT system to provide for human resources and payroll reporting and to initiate the process of determining consistent classification and compensation for employees not represented by an employee organization, as defined in section 5-270 of the general statutes.
Sec. 23. (Effective July 1, 2011) The unexpended balance of funds appropriated in section 11 of public act 09-3 of the June special session, as amended by section 1 of public act 10-179, for Connecticut Impaired Driving Records Information System, shall not lapse on June 30, 2011, and shall continue to be available for such purpose during the fiscal years ending June 30, 2012, and June 30, 2013.
Sec. 24. (Effective July 1, 2011) The unexpended balance of funds appropriated to the Office of Policy and Management in section 43 of public act 08-1 of the January special session and carried forward under section 36 of public act 09-3 of the June special session, section 33 of public act 10-179 and section 15 of public act 11-6, for design and implementation of a comprehensive, state-wide information technology system for the sharing of criminal justice information and for costs related to the Criminal Justice Information System Governing Board, shall be transferred to Criminal Justice Information System/Connecticut Information Sharing System, a newly-created account within the Office of Policy and Management, and such funds shall continue to be available for such purposes during the fiscal years ending June 30, 2012, and June 30, 2013.
Sec. 25. Subsection (i) of section 14-12 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(i) The commissioner or any city, town, borough or other taxing district authorized under subsection (f) of section 14-33, as amended by this act, may issue a temporary registration to the owner of a motor vehicle. The application for a temporary registration shall conform to the provisions of this section. A temporary registration may be issued for a time determined by the commissioner and may be renewed from time to time at the discretion of the commissioner. The fee for a temporary registration or any renewal thereof shall be as provided in subsection (n) of section 14-49.
Sec. 26. Section 14-33 of the general statutes is amended by adding subsection (f) as follows (Effective July 1, 2011):
(NEW) (f) Any city, town, borough or other taxing district that notifies the commissioner of (1) a delinquency in accordance with subsection (a) of this section, or (2) an owner of a registered motor vehicle who has unpaid fines for more than five parking violations in accordance with subsection (c) of this section, may participate in a program to issue temporary registrations for passenger motor vehicles on behalf of the commissioner to persons whose registrations have been denied, and who subsequently make full payment to the city, town, borough or other taxing district for the amounts owed under said subsections. A participating city, town, borough or other taxing district shall issue such temporary registrations in accordance with subsection (i) of section 14-12, as amended by this act, and shall retain the fees authorized in subsection (n) of section 14-49 for such registrations. The commissioner may adopt regulations in accordance with chapter 54 to carry out the provisions of this subsection.
Sec. 27. Subsection (a) of section 14-41, as amended by section 137 of public act 11-6, is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) [Except as provided in section 14-41a, each motor vehicle operator's license shall be renewed every six years or every four years on the date of the operator's birthday in accordance with a schedule to be established by the commissioner.] Upon every [other] renewal of a motor vehicle operator's license or identity card issued pursuant to section 1-1h, the commissioner may issue such license or identity card without the personal appearance of the licensee or identity card holder if (1) such licensee or identity card holder has a digital image on file with the commissioner, and (2) such licensee or identity card holder has fulfilled all other requirements for such renewal. [On and after July 1, 2011, the Commissioner of Motor Vehicles shall screen the vision of each motor vehicle operator prior to every other renewal of the operator's license of such operator in accordance with a schedule adopted by the commissioner. Such screening requirement shall apply to every other renewal following the initial screening. In lieu of the vision screening by the commissioner, such operator may submit the results of a vision screening conducted by a licensed health care professional qualified to conduct such screening on a form prescribed by the commissioner during the twelve months preceding such renewal. No motor vehicle operator's license may be renewed unless the operator passes such vision screening. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this subsection related to the administration of vision screening.]
Sec. 28. Subsection (a) of section 14-10 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) "Disclose" means to engage in any practice or conduct to make available and make known, by any means of communication, personal information or highly restricted personal information contained in a motor vehicle record pertaining to an individual to any other individual, organization or entity;
(2) "Motor vehicle record" means any record that pertains to an operator's license, learner's permit, identity card, registration, certificate of title or any other document issued by the Department of Motor Vehicles;
(3) "Personal information" means information that identifies an individual and includes an individual's photograph or computerized image, Social Security number, operator's license number, name, address other than the zip code, telephone number, electronic mail address, or medical or disability information, but does not include information on motor vehicle accidents or violations, or information relative to the status of an operator's license, registration or insurance coverage;
(4) "Highly restricted personal information" means an individual's photograph or computerized image, Social Security number or medical or disability information; and
(5) "Express consent" means an affirmative agreement given by the individual who is the subject of personal information that specifically grants permission to the department to release such information to the requesting party. Such agreement shall (A) be in writing or such other form as the commissioner may determine in regulations adopted in accordance with the provisions of chapter 54, and (B) specify a procedure for the individual to withdraw such consent, as provided in regulations adopted in accordance with the provisions of chapter 54.
Sec. 29. (NEW) (Effective January 1, 2012) The Commercial Recording Division of the office of the Secretary of the State shall establish an electronic business portal as a single point of entry for business entities for purposes of business registration pursuant to title 33 or 34 of the general statutes. Such portal shall provide explanatory information and electronic links provided by state agencies and quasi-public agencies, including, but not limited to, the Labor Department, the Workers' Compensation Commission, the Departments of Economic and Community Development, Administrative Services, Consumer Protection, Environmental Protection and Revenue Services, the Connecticut Development Authority, Connecticut Innovations, Incorporated, Connecticut Licensing Info Center, The United States Small Business Administration, the Connecticut Small Business Development Center and the Connecticut Economic Resource Center, for the purposes of assisting such business entities in determining permitting and licensure requirements, identifying state revenue responsibilities and benefits, and finding available state financial incentives and programs related to such entities' businesses. The information provided for purposes of business registration with the office of the Secretary of the State may be made available to state agencies and quasi-public agencies for economic development, state revenue collection and statistical purposes as provided by law.
Sec. 30. (Effective from passage) (a) There is established a task force to study the distribution of state funds to municipalities as payments in lieu of taxes under chapters 201 and 203 of the general statutes, distributions from the Mashantucket Pequot and Mohegan Fund under sections 3-55i to 3-55m, inclusive, of the general statutes, equalization aid grants under sections 10-262h and 10-262i of the general statutes, public school transportation grants or reimbursement under sections 10-54, 10-66ee, 10-97, 10-158a, 10-266m, 10-273a and 10-277 of the general statutes and nonpublic school transportation grants under sections 10-266m, 10-277 and 10-281 of the general statutes. Such study shall evaluate the equity, efficiency and continued viability of such distribution of funds.
(b) The task force shall consist of the following members:
(1) One appointed by the speaker of the House of Representatives;
(2) One appointed by the president pro tempore of the Senate;
(3) One appointed by the majority leader of the House of Representatives;
(4) One appointed by the majority leader of the Senate;
(5) One appointed by the minority leader of the House of Representatives;
(6) One appointed by the minority leader of the Senate;
(7) The chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to appropriations; and
(8) The ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to appropriations.
(c) Any member of the task force appointed under subdivision (1), (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member of the General Assembly.
(d) All appointments to the task force shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.
(e) The speaker of the House of Representatives and the president pro tempore of the Senate shall select the chairpersons of the task force from among the members of the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held not later than sixty days after the effective date of this section.
(f) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to appropriations shall serve as administrative staff of the task force.
(g) Not later than January 1, 2012, the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits such report or January 1, 2012, whichever is later.
Sec. 31. Section 4-73 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) [Part II of the] The budget document shall present in detail for each fiscal year of the ensuing biennium the Governor's recommendation for appropriations to meet the expenditure needs of the state from the General Fund and from all special and agency funds classified by budgeted agencies and showing for each budgeted agency and its subdivisions: (1) A narrative summary describing the agency, the Governor's recommendations for appropriations for the agency, [and a list of agency programs,] the actual expenditure for the last-completed fiscal year, the estimated expenditure for the current fiscal year, the amount requested by the agency and the Governor's recommendations for appropriations for each fiscal year of the ensuing biennium; (2) a summary of permanent full-time positions by fund, setting forth the number filled and the number vacant as of the end of the last-completed fiscal year, the total number intended to be funded by appropriations without reduction for turnover for the fiscal year in progress, the total number requested and the total number recommended for each fiscal year of the biennium to which the budget relates.
[(b) In addition, programs shall be supported by: (1) The statutory authorization for the program; (2) a statement of program objectives; (3) a description of the program, including a statement of need, eligibility requirements and any intergovernmental participation in the program; (4) a statement of performance measures by which the accomplishments toward the program objectives can be assessed, which shall include, but not be limited to, an analysis of the workload, quality or level of service and effectiveness of the program; (5) program budget data broken down by major object of expenditure, showing additional federal and private funds; (6) a summary of permanent full-time positions by fund, setting forth the number filled and the number vacant as of the end of the last-completed fiscal year, the total number intended to be funded by appropriations without reduction for turnover for the fiscal year in progress, the total number requested and the total number recommended for each fiscal year of the biennium to which the budget relates; (7) a statement of expenditures for the last-completed and current fiscal years, the agency request and the Governor's recommendation for each fiscal year of the ensuing biennium and, for any new or expanded program, estimated expenditure requirements for the fiscal year next succeeding the biennium to which the budget relates; and (8) an explanation of any significant program changes requested by the agency or recommended by the Governor.]
[(c) (1)] (b) There shall be a supporting schedule of total agency expenditures including a line-item, minor object breakdown of personal services, energy costs, contractual services and commodities and a total of state aid grants and equipment, showing the actual expenditures for the last-completed fiscal year, estimated expenditures for the current fiscal year and requested and recommended appropriations for each fiscal year of the ensuing biennium, classified by objects according to a standard plan of classification.
[(2) In addition, the supporting schedule of agency energy costs shall be supported by a statement of the agency's plans for energy conservation in each fiscal year of the ensuing biennium, and a statement of the progress the agency has made in the last-completed fiscal year concerning energy conservation.]
[(d)] (c) All federal funds expended or anticipated for any purpose shall be accounted for in the budget. The document shall set forth a listing of federal programs, showing the actual expenditures for the last-completed fiscal year, estimated expenditures for the current fiscal year and anticipated funds available for expenditure for each fiscal year of the ensuing biennium. Such federal funds shall be classified by [program in] each budgeted agency but shall not include research grants made to educational institutions.
[(e)] (d) [Part II of the] The budget document shall also set forth the budget recommendations for the capital program, to be supported by statements listing the agency's requests and the Governor's recommendations with the statements required by section 4-78.
[(f)] (e) The appropriations recommended for the legislative branch of the state government shall be the estimates of expenditure requirements transmitted to the Secretary of the Office of Policy and Management by the Joint Committee on Legislative Management pursuant to section 4-77 and the recommended adjustments and revisions of such estimates shall be the recommended adjustments and revisions, if any, transmitted by said committee pursuant to said section 4-77.
[(g)] (f) The appropriations recommended for the [judicial branch of the state government] Judicial Department shall be the estimates of expenditure requirements transmitted to the Secretary of the Office of Policy and Management by the Chief Court Administrator pursuant to section 4-77 and the recommended adjustments and revisions of such estimates shall be the recommended adjustments and revisions, if any, transmitted by said administrator pursuant to section 4-77.
Sec. 32. Section 4-74 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
[Part III of the] The budget document shall be based upon the consensus revenue estimate or revised consensus revenue estimate issued pursuant to section 2-36c, and shall [consist of] include a draft or drafts of appropriation and revenue bills to carry out the recommendations of the Governor. [to be included in parts I and II of the budget document.] Such appropriation bills shall indicate the funds, general or special, from which such appropriations shall be paid, but such appropriations need not be in greater detail than to indicate the total appropriation to be made to each budgeted agency and each independently organized division thereof for each major function, [or program,] equipment, land and buildings and improvements.
Sec. 33. Section 4-74a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
[Part IV of the] The budget document shall [consist of] include the recommendations of the Governor concerning the economy and shall include an analysis of the impact of both proposed spending and proposed revenue programs on the employment, production and purchasing power of the people and industries within the state.
Sec. 34. Subsection (a) of section 31-71b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) [Each] (1) Except as provided in subdivision (2) of this subsection, each employer, [by himself, his] or the agent or representative of an employer, shall pay weekly all moneys due each employee on a regular pay day, designated in advance by the employer, in cash, by negotiable checks or, upon an employee's written request, by credit to such employee's account in any bank [which] that has agreed with the employer to accept such wage deposits.
(2) Unless otherwise requested by the recipient, the Comptroller shall pay all wages due each state employee, as defined in section 5-196, by electronic direct deposit to such employee's account in any bank, Connecticut credit union or federal credit union that has agreed with the Comptroller to accept such wage deposits.
Sec. 35. (NEW) (Effective July 1, 2011) Unless otherwise requested by the recipient, any pension payment made under (1) the retirement system administered by the Connecticut State Employees Retirement Commission pursuant to chapter 66 of the general statutes, or (2) an alternate retirement program authorized by said commission shall be made by electronic direct deposit to the recipient's account in a bank, Connecticut credit union or federal credit union that has agreed to accept such payment.
Sec. 36. (NEW) (Effective July 1, 2011) Unless otherwise requested by the recipient, any pension payment made under section 10-183c of the general statutes shall be made by electronic direct deposit to the recipient's account in a bank, Connecticut credit union or federal credit union that has agreed to accept such payment.
Sec. 37. Subsection (e) of section 20-280 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(e) The board, subject to the provisions of chapter 67, may employ an executive director and such other personnel as may be necessary to carry out the provisions of sections 20-279b to 20-281m, inclusive. The board may enter into such contractual agreements as may be necessary for the discharge of its duties, within the limit of its appropriated funds and in accordance with established procedures, as it deems necessary in its administration and enforcement of said sections. It may appoint committees or persons to advise or assist the board in such administration and enforcement as it may see fit. Said board shall be within the office of the Secretary of the State.
Sec. 38. Section 19a-55 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) The administrative officer or other person in charge of each institution caring for newborn infants shall cause to have administered to every such infant in its care an HIV-related test, as defined in section 19a-581, a test for phenylketonuria and other metabolic diseases, hypothyroidism, galactosemia, sickle cell disease, maple syrup urine disease, homocystinuria, biotinidase deficiency, congenital adrenal hyperplasia and such other tests for inborn errors of metabolism as shall be prescribed by the Department of Public Health. The tests shall be administered as soon after birth as is medically appropriate. If the mother has had an HIV-related test pursuant to section 19a-90 or 19a-593, the person responsible for testing under this section may omit an HIV-related test. The Commissioner of Public Health shall (1) administer the newborn screening program, (2) direct persons identified through the screening program to appropriate specialty centers for treatments, consistent with any applicable confidentiality requirements, and (3) set the fees to be charged to institutions to cover all expenses of the comprehensive screening program including testing, tracking and treatment. The fees to be charged pursuant to subdivision (3) of this subsection shall be set at a minimum of fifty-six dollars. [The commissioner shall adopt regulations, in accordance with chapter 54, to implement the provisions of this section.] The Commissioner of Public Health shall publish a list of all the abnormal conditions for which the department screens newborns under the newborn screening program, which shall include screening for amino acid disorders, organic acid disorders and fatty acid oxidation disorders, including, but not limited to, long-chain 3-hydroxyacyl CoA dehydrogenase (L-CHAD) and medium-chain acyl-CoA dehydrogenase (MCAD).
(b) In addition to the testing requirements prescribed in subsection (a) of this section, the administrative officer or other person in charge of each institution caring for newborn infants shall cause to have administered to every such infant in its care a screening test for cystic fibrosis and a screening test for severe combined immunodeficiency disease. Such screening [test] tests shall be administered as soon after birth as is medically appropriate.
(c) The provisions of this section shall not apply to any infant whose parents object to the test or treatment as being in conflict with their religious tenets and practice. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.
Sec. 39. Section 23 of public act 11-6 is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Notwithstanding subsection (b) of section 19a-55a of the general statutes, for each of the fiscal years ending June 30, 2012, and June 30, 2013, [$900,000] $1,121,713 of the amount collected pursuant to section 19a-55 of the general statutes, as amended by this act, shall be credited to the newborn screening account, and shall be available for expenditure by the Department of Public Health for the purchase of upgrades to newborn screening technology and for the expenses of the testing required by sections 19a-55 and 19a-59 of the general statutes, as amended by this act.
Sec. 40. Section 10-183l of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) (1) On and after July 1, 1991, the management of the system shall continue to be vested in the Teachers' Retirement Board, [which shall consist of twelve members including the Commissioner of Social Services] whose members shall include the Treasurer, the Secretary of the Office of Policy and Management and the Commissioner of Education, or their designees, who shall be voting members of the board, ex officio. (2) On or before June 15, 1985, and quadrennially thereafter, the members of the system shall elect from their number, in a manner prescribed by said board, two persons to serve as members of said board for terms of four years beginning July first following such election. Both of such persons shall be active teachers who shall be nominated by the members of the system who are not retired and elected by all the members of the system. On or before July 1, 1991, and quadrennially thereafter, the members of the system shall elect from their number, in a manner prescribed by said board, three persons to serve as members of said board for terms of four years beginning July first following such election. Two of such persons shall be retired teachers who shall be nominated by the retired members of the system and elected by all the members of the system and one shall be an active teacher who shall be nominated by the members of the system who are not retired and elected by all the members of the system. (3) On or before July 1, 2011, and quadrennially thereafter, the members of the system shall elect from their number, in a manner prescribed by said board, one person to serve as a member of said board for a term of four years beginning July first following such election. Such person shall be an active teacher who shall be nominated by the members of the system who are not retired, elected by all the members of the system and a member of an exclusive representative of a teachers' bargaining unit that is not represented by the members of the board elected under subdivision (2) of this subsection. (4) If a vacancy occurs in the positions filled by the members of the system who are not retired, said board shall elect a member of the system who is not retired to fill the unexpired portion of the term. If a vacancy occurs in the positions filled by the retired members of the system, said board shall elect a retired member of the system to fill the unexpired portion of the term. The Governor shall appoint five public members to said board in accordance with the provisions of section 4-9a. The members of the board shall serve without compensation, but shall be reimbursed for any expenditures or loss of salary or wages which they incur through service on the board. All decisions of the board shall require the approval of six members of the board or a majority of the members who are present, whichever is greater.
Sec. 41. (Effective July 1, 2011) The sum of $150,000 of the amount appropriated to the Department of Environmental Protection, for Environmental Quality Fees Fund, in section 11 of public act 09-3 of the June special session, as amended by section 58 of public act 09-6 of the September special session, sections 3 and 20 of public act 09-7 of the September special session, section 9 of public act 09-1 of the December special session, section 1 of public act 10-3, section 1 of public act 10-179 and section 3 of public act 10-2 of the June special session, shall not lapse on June 30, 2011, and such funds shall be available for use by the Long Island Sound Assembly, in accordance with the provisions of section 25-155 of the general statutes, as follows: $75,000 during the fiscal year ending June 30, 2012, and $75,000 during the fiscal year ending June 30, 2013.
Sec. 42. Section 50 of public act 11-6 is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Notwithstanding the provisions of subsection (j) of section 45a-82 of the general statutes, on June 30, 2011, (1) the sum of $500,000 shall be transferred from the surplus funds in the Probate Court Administration Fund to the Court Support Services Division of the Judicial Department for a male youth leadership pilot program to provide services in targeted communities to high-risk males with low academic achievement, (2) the sum of $1,000,000 shall be transferred from said surplus funds to the Kinship Fund and Grandparents and Relatives Respite Fund administered by the Children's Trust Fund Council and the Department of Social Services through the Probate Court, (3) the sum of [$35,000] $50,000 shall be transferred from said surplus funds to the Judicial Department, for Other Expenses, to support the expansion of the Children in Placement, Inc. program in Danbury, [and] (4) the sum of $800,000 shall be transferred from said surplus funds to the Children's Trust Fund administered by the Children's Trust Fund Council and the Department of Social Services, and (5) the sum of $50,000 shall be transferred from said surplus funds to the Judicial Department, for Other Expenses, for a grant to the Child Advocates of Connecticut to provide child advocacy services in Stamford and Danbury.
(b) Notwithstanding the provisions of subsection (j) of section 45a-82 of the general statutes, on June 30, 2012, (1) the sum of $1,000,000 shall be transferred from the surplus funds in the Probate Court Administration Fund to the Kinship Fund and Grandparents and Relatives Respite Fund administered by the Children's Trust Fund Council and the Department of Social Services through the Probate Court, (2) the sum of [$35,000] $50,000 shall be transferred from said surplus funds to the Judicial Department, for Other Expenses, to support the expansion of the Children in Placement, Inc. program in Danbury, (3) the sum of $50,000 shall be transferred from said surplus funds to the Judicial Department, for Other Expenses, for a grant to the Child Advocates of Connecticut to provide child advocacy services in Stamford and Danbury, and [(3)] (4) any surplus funds remaining in the Probate Court Administration Fund after the transfers in subdivisions (1), [and] (2) and (3) of this subsection are made shall be transferred to the General Fund.
Sec. 43. Subsection (b) of section 2-35 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) The state budget act passed by the legislature for funding the expenses of operations of the state government in the ensuing biennium shall contain a statement of estimated revenue, based upon the most recent consensus revenue estimate or the revised consensus revenue estimate issued pursuant to section 2-36c, itemized by major source, for each appropriated fund. The statement of estimated revenue applicable to each such fund shall include, for any fiscal year, an estimate of total revenue with respect to such fund, which amount shall be reduced by (1) an estimate of total refunds of taxes to be paid from such revenue in accordance with the authorization in section 12-39f, and (2) an estimate of total refunds of payments to be paid from such revenue in accordance with the provisions of section 4-37. Such statement of estimated revenue, including the estimated refunds of taxes to be offset against such revenue, shall be supplied by the joint standing committee of the General Assembly having cognizance of matters relating to state finance, revenue and bonding. The total estimated revenue for each fund, as adjusted in accordance with this section, shall not be less than the total net appropriations made from each fund plus, for the fiscal year ending June 30, 2014, and each fiscal year thereafter, the amount necessary to extinguish any unreserved negative balance in each fund as reported in the most recently audited comprehensive annual financial report issued by the Comptroller prior to the start of the fiscal year. On or before July first of each fiscal year said committee shall, if any revisions in such estimates are required by virtue of legislative amendments to the revenue measures proposed by said committee, changes in conditions or receipt of new information since the original estimate was supplied, meet and revise such estimates and, through its cochairpersons, report to the Comptroller any such revisions.
Sec. 44. Section 3-115 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The Comptroller shall prepare all accounting statements relating to the financial condition of the state as a whole, the condition and operation of state funds, appropriations, reserves and costs of operations; shall furnish such statements when they are required for administrative purposes; and shall issue cumulative monthly financial statements concerning the state's General Fund which shall include a statement of revenues and expenditures to the end of the last-completed month together with the statement of estimated revenue by source to the end of the fiscal year and the statement of appropriation requirements of the state's General Fund to the end of the fiscal year furnished pursuant to section 4-66 and itemized as far as practicable for each budgeted agency, including estimates of lapsing appropriations, unallocated lapsing balances and unallocated appropriation requirements. The Comptroller shall provide such statements, in the same form and in the same categories as appears in the budget act enacted by the General Assembly, on or before the first day of the following month. The Comptroller shall submit a copy of the monthly trial balance and monthly analysis of expenditure run to the Office of Fiscal Analysis. On or before September [first] thirtieth, annually, [he] the Comptroller shall submit a report, prepared in accordance with generally accepted accounting principles, to the Governor which shall include (1) a statement of all appropriations and expenditures of the public funds during the fiscal year next preceding itemized by each appropriation account of each budgeted agency; (2) a statement of the revenues of the state classified as far as practicable as to budgeted agencies, sources and funds during such year; (3) a statement setting forth the total tax receipts of the state during such year; (4) a balance sheet setting forth, as of the close of such year, the financial condition of the state as to its funds; and such other information as will, in [his] the Comptroller's opinion, be of interest to the public or as will convey to the General Assembly and the Governor the essential facts as to the financial condition and operations of the state government. The annual report of the Comptroller shall be published and made available to the public on or before the thirty-first day of December.
Sec. 45. Section 3-115b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) [Effective with the fiscal year commencing July 1, 2008] Commencing with the fiscal year ending June 30, 2014, the Comptroller, in the Comptroller's sole discretion, may initiate a process intended to result in the implementation of the use of generally accepted accounting principles, as prescribed by the Governmental Accounting Standards Board, with respect to the preparation and maintenance of the annual financial statements of the state pursuant to section 3-115. [by making incremental changes consistent with such generally accepted accounting principles.]
(b) [The] Commencing with the fiscal year ending June 30, 2014, the Secretary of the Office of Policy and Management [, in the secretary's sole discretion, may] shall initiate a process intended to result in the implementation of generally accepted accounting principles, as prescribed by the Governmental Accounting Standards Board, with respect to the preparation of the [annual] biennial budget of the state.
(c) [To implement such accounting principles, the Comptroller and the Secretary of the Office of Policy and Management may concurrently prepare annual conversion plans for the respective implementations pursuant to subsection (a) of this section. The conversion plans shall be submitted to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies not later than the date prescribed in section 4-71 for transmission of the budget document to the General Assembly.] The Comptroller shall establish an opening combined balance sheet for all appropriated funds as of July 1, 2013, on the basis of generally accepted accounting principles. The accrued and unpaid expenses and liabilities and other adjustments for the purposes of generally accepted accounting principles, as of June 30, 2013, shall be aggregated and set up as a deferred charge on the combined balance sheet. Such deferred charge shall be amortized in equal increments in each fiscal year of each biennial budget, commencing with the fiscal year ending June 30, 2014, and for the succeeding fourteen fiscal years.
Sec. 46. (NEW) (Effective from passage) (a) Notwithstanding the provisions of sections 4-30a and 4-30b of the general statutes, after the accounts for the fiscal years ending June 30, 2012, and June 30, 2013, are closed, if the Comptroller determines that an unappropriated surplus exists in the General Fund, the Comptroller shall reserve an amount, not to exceed seventy-five million dollars for the fiscal year ending June 30, 2012, and fifty million dollars for the fiscal year ending June 30, 2013, to be applied to any net increase in unreserved negative General Fund balance beyond the amount reported by the Comptroller as of June 30, 2011, before any other reserve required by any provision of the general statutes is determined.
(b) Notwithstanding the provisions of sections 4-30a and 4-30b of the general statutes, after the accounts for the fiscal year ending June 30, 2014, and each fiscal year thereafter are closed, if the Comptroller determines that an unappropriated surplus exists in the General Fund, the Comptroller shall reserve an amount equal to the increment of the deferred charge, determined under section 3-115b of the general statutes, as amended by this act, for such fiscal year, before any other reserve required by any provision of the general statutes is determined.
Sec. 47. Section 4-69 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Wherever used in this chapter, unless the context otherwise requires:
(1) "Accrual basis" means the basis upon which, in transactions thereon, revenues are accounted for when earned or due, even though not collected, and expenditures are accounted for as soon as liabilities are incurred, whether paid or not;
(2) "Agency fund" means a fund consisting of resources received or held by the state as an agent for certain individuals or governmental units;
(3) "Allotment" means a portion of an appropriation or special fund set aside to cover expenditures and encumbrances for a certain period or purpose;
(4) "Appropriation" means an authorization by the General Assembly to make expenditures and incur liabilities for specific purposes;
(5) "Assets" means the entire property of all kinds of the state, including both current assets and fixed assets;
(6) "Audit" means, in the absence of any expression defining the extent to which it has been limited, an examination of the subject matter of the accounting in all its financial aspects, including, so far as the several classifications of accounts may be involved, the verification of assets, liabilities, receipts, disbursements, revenues, expenditures, reserves and surplus in such detail as may be necessary to permit certification of the statements rendered and of the accountability of the fiduciary parties;
(7) "Auditors' certificate" means a statement signed by the auditors stating that they have examined the accounting records and expressing their opinion, based on such examination, regarding the financial condition of the state or any of its enterprises, the results from operations and any facts which the auditors in their professional capacity have investigated;
(8) "Balance sheet" means a statement showing the financial condition of a fund or government at a specified date;
(9) "Budget" means an estimate of proposed expenditures for a given period or purpose and the means of financing them, determined for the fiscal year ending June 30, 2014, and each fiscal year thereafter on the basis of generally accepted accounting principles, as administered by the Governmental Accounting Standards Board, as expressed in appropriation and revenue acts;
(10) "Budget document" means the instrument used by the Governor to present a comprehensive financial program to the General Assembly;
(11) "Budgeted agency" means (A) every department, board, council, commission, institution or other agency of the Executive Department of the state government, provided each board, council, commission, institution or other agency included by law within any given department shall be deemed a division of that department; (B) every court, council, division and other agency of the judicial branch of the state government financed in whole or in part by the state, including those agencies, officers, employees and services for which, or for the payment of whose salaries, appropriations are made to be expended on the direction, taxation or approval of any state court or judge thereof; and all of said courts, councils, divisions, agencies, officers, employees and services shall be one or more budgeted agency or agencies as the Secretary of the Office of Policy and Management may prescribe; (C) every full-time permanent department or agency of the legislative branch of the state government; and (D) every public and private institution, organization, association or other agency receiving financial aid from the state;
(12) "Capital budget" means that portion of the budget which deals with the estimates of proposed expenditures for land, nonstructural improvements to land, structural replacements and major improvements and the means of financing them;
(13) "Capital outlay" means expenditures which result in the acquisition of additions to fixed assets;
(14) "Cash basis" means the basis upon which, in transactions thereon, revenues are accounted for when received in cash and expenditures are accounted for when paid;
(15) "Current assets" means those assets owned by the state which are available to meet the cost of operations or to pay current liabilities of the state;
(16) "Current liabilities" means liabilities which are payable immediately or in the near future out of current resources, as distinguished from long-term liabilities to be met out of future resources;
(17) "Deficit" means the excess of the liabilities and reserves of a fund over its assets, or the excess of the obligations, reserves and unencumbered appropriations of a fund over its resources;
(18) "Disbursements" means payments in cash regardless of the purpose;
(19) "Encumbrances" means obligations in the form of purchase orders or contracts which are to be met from an appropriation and for which a part of the appropriation is reserved;
(20) "Expenditures" means amounts paid or liabilities incurred for all purposes, including expenses, provisions for retirement of debt and capital outlay;
(21) "Expenses" means expenditures for operation, maintenance, interest and other current expenditures for which no permanent or subsequently convertible value is received;
(22) "Fiscal period" means any period at the end of which the state closes its books in order to determine its financial condition and the results of its operations;
(23) "Fixed assets" means assets of a permanent character having a continuing value, such as land, buildings, machinery and furniture and other equipment;
(24) "General Fund" means the fund that is unrestricted as to use and available for general purposes;
(25) "Liabilities" means debts or other legal obligations arising out of transactions in the past which are to be liquidated or renewed or refunded upon some future date;
(26) "Modified accrual" means a basis of accounting where revenues are recognized when earned only so long as they are collectible within the period or soon enough afterward to be used to pay liabilities of that period and expenditures are recognized in the period in which they were incurred and would normally be liquidated;
[(26)] (27) "Overdraft" means (A) the amount by which checks, drafts or other demands for payment on the Treasury or on a bank exceed the amount of the credit against which they are drawn or (B) the amount by which requisitions or audited vouchers exceed the appropriations or other credit to which they are chargeable;
[(27)] (28) "Petty cash" means a sum of money, either in the form of currency or a special bank deposit, set aside for the purpose of making change or immediate payments of comparatively small amounts for which it is subsequently reimbursed from the cash of a fund;
[(28)] (29) "Receipts" means sums actually received in cash from all sources unless otherwise described;
[(29)] (30) "Refund" means an amount paid back or credit allowed on account of an overcollection;
[(30)] (31) "Reimbursements" means cash or other assets received as a repayment of the cost of work or services performed, or of other expenditures made for or on behalf of another governmental unit, fund or department;
[(31)] (32) "Revenue" means additions to cash or other current assets which neither increase any liability or reserve nor represent the recovery of an expenditure;
[(32)] (33) "Special fund" means any fund which is to be used only in accordance with specific regulations or restrictions, including any fund created by a law authorizing and requiring the receipts of specific taxes or other revenues to be used to finance particular activities;
[(33)] (34) "Trust fund" means any fund consisting of resources received and held by the state as trustee to be expended or invested in accordance with the conditions of the trust;
[(34)] (35) "Unencumbered balance" means that portion of an appropriation or allotment not expended or encumbered;
[(35)] (36) "Unexpended balance" means that portion of an appropriation or allotment which has not been expended;
[(36)] (37) "Unliquidated encumbrances" means encumbrances which have not yet been paid or approved for payment;
[(37)] (38) "Voucher" means a document certifying a certain transaction, especially a written form attesting the propriety of the payment of money;
[(38)] (39) "Warrant" means a draft upon the treasurer for the payment of money.
Sec. 48. Section 4-72 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
[Part I of the] The budget document shall consist of the Governor's budget message in which he or she shall set forth as follows: (1) [His] The Governor's program for meeting all the expenditure needs of the government for each fiscal year of the biennium to which the budget relates, indicating the classes of funds, general or special, from which such appropriations are to be made and the means through which such expenditure shall be financed; and (2) financial statements giving in summary form: (A) The financial position of all major state operating funds including revolving funds at the end of the last-completed fiscal year in a form consistent with accepted accounting practice. [He] The Governor shall also set forth in similar form the estimated position of each such fund at the end of the year in progress and the estimated position of each such fund at the end of each fiscal year of the biennium to which the budget relates if [his] the Governor's proposals are put into effect; (B) a statement showing as of the close of the last-completed fiscal year, a year by year summary of all outstanding general obligation and special tax obligation debt of the state and a statement showing the yearly interest requirements on such outstanding debt; (C) a summary of appropriations recommended for each fiscal year of the biennium to which the budget relates for each budgeted agency and for the state as a whole in comparison with actual expenditures of the last-completed fiscal year and appropriations and estimated expenditures for the year in progress; (D) for the biennium commencing July 1, 1999, and each biennium thereafter, a summary of estimated expenditures for certain fringe benefits for each fiscal year of the biennium to which the budget relates for each budgeted agency; (E) a summary of permanent full-time positions setting forth the number filled and the number vacant as of the end of the last-completed fiscal year, the total number intended to be funded by appropriations without reduction for turnover for the fiscal year in progress, the total number requested and the total number recommended for each fiscal year of the biennium to which the budget relates; (F) a statement of expenditures for the last-completed and current fiscal years, the agency request and the Governor's recommendation for each fiscal year of the ensuing biennium and, for any new or expanded program, estimated expenditure requirements for the fiscal year next succeeding the biennium to which the budget relates; (G) an explanation of any significant program changes requested by the agency or recommended by the Governor; (H) a summary of the revenue estimated to be received by the state during each fiscal year of the biennium to which the budget relates classified according to sources in comparison with the actual revenue received by the state during the last-completed fiscal year and estimated revenue during the year in progress; and [(G)] (I) such other financial statements, data and comments as in [his] the Governor's opinion are necessary or desirable in order to make known in all practicable detail the financial condition and operations of the government and the effect that the budget as proposed by [him] the Governor will have on such condition and operations. If the estimated revenue of the state for the ensuing biennium as set forth in the budget on the basis of existing statutes [, plus the estimated unappropriated surplus at the close of the year in progress available for expenditure in the ensuing biennium,] is less than the [aggregate] sum of net appropriations recommended for the ensuing biennium as contained in the budget, plus, for the fiscal year ending June 30, 2014, and each fiscal year thereafter, the projected amount necessary to extinguish any unreserved negative balance in such fund as reported in the most recently audited comprehensive annual financial report issued by the Comptroller prior to the start of the biennium, the Governor shall make recommendations to the General Assembly in respect to the manner in which such deficit shall be met, whether by an increase in the indebtedness of the state, by the imposition of new taxes, by increased rates on existing taxes or otherwise. If the aggregate of such estimated revenue [plus such estimated unappropriated surplus] is greater than the sum of such recommended appropriations for the ensuing biennium [, he] plus, for the fiscal year ending June 30, 2014, and each fiscal year thereafter, the projected amount necessary to extinguish any unreserved negative balance in such fund as reported in the most recently audited comprehensive annual financial report issued by the Comptroller prior to the start of the biennium, the Governor shall make such recommendations for the use of such surplus for the reduction of indebtedness, for the reduction in taxation or for other purposes as in [his] the Governor's opinion are in the best interest of the public welfare.
Sec. 49. Subsection (a) of section 4-89 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) No officer, department, board, commission, institution or other agency of the state shall, after the close of any fiscal year, incur, or vote or order or approve the incurring of, any obligation or expenditure under any appropriation made by the General Assembly for any fiscal year that had expired at the time the obligation for such expenditure was incurred. The Comptroller is authorized to draw warrants or process interdepartmental transactions against the available appropriations made for the current fiscal year for the payment of expenditures incurred during the prior fiscal year for which appropriations were made or in fulfillment of contracts properly made during such prior year, and the Treasurer is authorized to pay such warrants or record such interdepartmental transactions. The balances of certain appropriations which otherwise would lapse at the close of any fiscal year and for which no appropriation is made in the following year shall be extended into the succeeding fiscal year [for the period of one month] to permit liquidation of obligations of the prior fiscal year.
Sec. 50. Section 4-124q of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There shall annually be paid to each regional planning agency organized under the provisions of chapter 127, each regional council of governments organized under the provisions of this chapter, and each regional council of elected officials organized under the provisions of this chapter in any planning region without a regional planning agency, from any appropriation for such purpose, a grant-in-aid equal to (1) five and three-tenths per cent of any such appropriation plus (2) for each agency or council which raises local dues in excess of five and three-tenths per cent of any such appropriation, an additional grant in an amount equal to the product obtained by multiplying any appropriation available for the purpose of this subdivision by the following fraction: The amount of dues raised by such agency or council pursuant to section 8-34a, section 4-124f or section 4-124p in excess of five and three-tenths of any such appropriation shall be the numerator. The amount of such dues raised by each such agency or council in excess of five and three-tenths per cent of any such appropriation shall be added together and the sum shall be the denominator.
(b) There is established a "Voluntary Regional Consolidation Bonus Pool" to be administered by the Secretary of the Office of Policy and Management. In addition to the annual payment to each regional planning agency under subsection (a) of this section, there shall be an additional payment made from said bonus pool to any two or more regional planning agencies, regional councils of governments or regional council of elected officials in any planning region without a regional planning agency, or any such combination thereof, that have (1) voted to merge forming a new regional council of governments or regional council of elected officials within a proposed or newly redesignated planning region boundary, and (2) submitted to said secretary a request for redesignation pursuant to subdivision (4) of section 16a-4a. Prior to issuing any payment pursuant to this subsection, the secretary shall review and approve each proposed consolidation to determine that such proposed consolidation is an appropriate and sustainable redesignated planning region. For the fiscal years ending June 30, 2012, and June 30, 2013, a payment shall be made under subsection (a) of this section to such approved consolidated planning region, on a first-come, first-served basis, from any appropriation available for such purpose and until such time as the appropriation for the fiscal year has been exhausted.
Sec. 51. Subsection (g) of section 14-227a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012):
(g) Any person who violates any provision of subsection (a) of this section shall: (1) For conviction of a first violation, (A) be fined not less than five hundred dollars or more than one thousand dollars, and (B) be (i) imprisoned not more than six months, forty-eight consecutive hours of which may not be suspended or reduced in any manner, or (ii) imprisoned not more than six months, with the execution of such sentence of imprisonment suspended entirely and a period of probation imposed requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege suspended for [one year] forty-five days and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for the one-year period following such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j; (2) for conviction of a second violation within ten years after a prior conviction for the same offense, (A) be fined not less than one thousand dollars or more than four thousand dollars, (B) be imprisoned not more than two years, one hundred twenty consecutive days of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) (i) if such person is under twenty-one years of age at the time of the offense, have such person's motor vehicle operator's license or nonresident operating privilege suspended for [three years] forty-five days or until the date of such person's twenty-first birthday, whichever is longer, and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for the [two-year] three-year period following [completion of such period of suspension] such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, or (ii) if such person is twenty-one years of age or older at the time of the offense, have such person's motor vehicle operator's license or nonresident operating privilege suspended for [one year] forty-five days and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for the [two-year] three-year period following [completion of such period of suspension] such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j; and (3) for conviction of a third and subsequent violation within ten years after a prior conviction for the same offense, (A) be fined not less than two thousand dollars or more than eight thousand dollars, (B) be imprisoned not more than three years, one year of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege permanently revoked upon such third offense For purposes of the imposition of penalties for a second or third and subsequent offense pursuant to this subsection, a conviction under the provisions of subsection (a) of this section in effect on October 1, 1981, or as amended thereafter, a conviction under the provisions of either subdivision (1) or (2) of subsection (a) of this section, a conviction under the provisions of section 53a-56b or 53a-60d or a conviction in any other state of any offense the essential elements of which are determined by the court to be substantially the same as subdivision (1) or (2) of subsection (a) of this section or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense.
Sec. 52. Subsection (i) of section 14-227a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012):
(i) (1) The Commissioner of Motor Vehicles shall permit a person whose license has been suspended in accordance with the provisions of subparagraph (C) of subdivision (1) or subparagraph (C)(i) or (C)(ii) of subdivision (2) of subsection (g) of this section to operate a motor vehicle if (A) such person has served the suspension required under said subparagraph, [(C)(i) or (C)(ii),] notwithstanding that such person has not completed serving any suspension required under subsection (i) of section 14-227b, and (B) such person has installed an approved ignition interlock device in each motor vehicle owned or to be operated by such person. Except as provided in sections 53a-56b and 53a-60d, no person whose license is suspended by the commissioner for any other reason shall be eligible to operate a motor vehicle equipped with an approved ignition interlock device. (2) All costs of installing and maintaining an ignition interlock device shall be borne by the person required to install such device. No court sentencing a person convicted of a violation of subsection (a) of this section may waive any fees or costs associated with the installation and maintenance of an ignition interlock device. (3) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this subsection. The regulations shall establish procedures for the approval of ignition interlock devices, for the proper calibration and maintenance of such devices and for the installation of such devices by any firm approved and authorized by the commissioner and shall specify acts by persons required to install and use such devices that constitute a failure to comply with the requirements for the installation and use of such devices, the conditions under which such noncompliance will result in an extension of the period during which such persons are restricted to the operation of motor vehicles equipped with such devices and the duration of any such extension. The commissioner shall ensure that such firm provide notice to both the commissioner and the Court Support Services Division of the Judicial Branch whenever a person required to install such device commits a violation with respect to the installation, maintenance or use of such device. (4) The provisions of this subsection shall not be construed to authorize the continued operation of a motor vehicle equipped with an ignition interlock device by any person whose operator's license or nonresident operating privilege is withdrawn, suspended or revoked for any other reason. (5) The provisions of this subsection shall apply to any person whose license has been suspended in accordance with the provisions of subparagraph (C) of subdivision (1) or subparagraph (C)(i) or (C)(ii) of subdivision (2) of subsection (g) of this section on or after [September 1, 2003] the effective date of this section. (6) Whenever a person is permitted by the commissioner under this subsection to operate a motor vehicle if such person has installed an approved ignition interlock device in each motor vehicle owned or to be operated by such person, the commissioner shall indicate in the electronic record maintained by the commissioner pertaining to such person's operator's license or driving history that such person is restricted to operating a motor vehicle that is equipped with an ignition interlock device and the duration of such restriction, and shall ensure that such electronic record is accessible by law enforcement officers. Any such person shall pay the commissioner a fee of one hundred dollars prior to the installation of such device. Nothing in this subsection shall be construed to require the commissioner to verify that each motor vehicle owned by such person has been equipped with such device. (7) There is established the ignition interlock administration account which shall be a separate, nonlapsing account in the General Fund. The commissioner shall deposit all fees paid pursuant to subdivision (6) of this subsection in the account. Funds in the account may be used by the commissioner for the administration of this subsection. (8) Notwithstanding any provision of the general statutes to the contrary, upon request of any person convicted of a violation of subsection (a) of this section whose operator's license is under suspension on the effective date of this section, the Commissioner of Motor Vehicles may reduce the term of suspension prescribed in subsection (g) of this section and place a restriction on the operator's license of such person that restricts the holder of such license to the operation of a motor vehicle that is equipped with an approved ignition interlock device, as defined in section 14-227j, for the remainder of such prescribed period of suspension. (9) Any person required to install an ignition interlock device under this section shall be supervised by personnel of the Court Support Services Division of the Judicial Branch while such person is subject to probation supervision or by personnel of the Department of Motor Vehicles if such person is not subject to probation supervision, and such person shall be subject to any other terms and conditions as the commissioner may prescribe and any provision of the general statutes or the regulations adopted pursuant to subdivision (3) of this subsection not inconsistent herewith. (10) Notwithstanding the periods prescribed in subsection (g) of this section and subdivision (2) of subsection (k) of section 14-111, as amended by this act, during which a person is prohibited from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, such periods may be extended in accordance with the regulations adopted pursuant to subdivision (3) of this subsection.
Sec. 53. Subsection (g) of section 14-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012):
(g) The commissioner may place a restriction on the motor vehicle operator's license of any person or on any special operator's permit issued to any person in accordance with the provisions of section 14-37a that restricts the holder of such license or permit to the operation of a motor vehicle that is equipped with an approved ignition interlock device, as defined in section 14-227j, for such time as the commissioner shall prescribe, if such person has been: (1) Convicted for a first or second time of a violation of subdivision (2) of subsection (a) of section 14-227a, and has served not less than [one year] forty-five days of the prescribed period of suspension for such conviction, in accordance with the provisions of subsections (g) and (i) of section 14-227a, as amended by this act; (2) ordered by the Superior Court not to operate any motor vehicle unless it is equipped with an approved ignition interlock device, in accordance with the provisions of section 14-227j; (3) granted a reversal or reduction of such person's license suspension or revocation, in accordance with the provisions of subsection (k) of section 14-111, as amended by this act; (4) issued a motor vehicle operator's license upon the surrender of an operator's license issued by another state and such previously held license contains a restriction to the operation of a motor vehicle equipped with an ignition interlock device; (5) convicted of a violation of section 53a-56b or 53a-60d; or (6) permitted by the commissioner to be issued or to retain an operator's license subject to reporting requirements concerning such person's physical condition, in accordance with the provisions of subsection (e) of this section and sections 14-45a to 14-46g, inclusive.
Sec. 54. Subsection (k) of section 14-111 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012):
(k) (1) Whenever any person has been convicted of any violation of section 14-110, 14-147, 14-215, 14-222 or 14-224 and such person's license has been suspended by the commissioner or, if such person has had his or her license suspended in accordance with the provisions of section 14-111c or 14-111n, such person may make application to the commissioner for the reversal or reduction of the term of such suspension. Such application shall be in writing and shall state specifically the reasons why such applicant believes that the applicant is entitled to such reversal or reduction. The commissioner shall consider each such application and the applicant's driver control record, as defined in section 14-111h, and may grant a hearing to the applicant in accordance with the provisions of chapter 54 and section 14-4a.
(2) Any person whose license has been revoked in accordance with subparagraph (C) of subdivision (3) of subsection (g) of section 14-227a, as amended by this act, may, at any time after six years from the date of such revocation, request a hearing before the commissioner, conducted in accordance with the provisions of chapter 54, and the provisions of subdivision (1) of this subsection for reversal or reduction of such revocation. The commissioner shall require such person to provide evidence that any reversal or reduction of such revocation shall not endanger the public safety or welfare. Such evidence shall include, but not be limited to, proof that such person has successfully completed an alcohol education and treatment program, and proof that such person has not been convicted of any offense related to alcohol, controlled substances or drugs during the preceding six years. The commissioner shall require any person, as a condition of granting such reversal or reduction, to install and maintain an approved ignition interlock device, in accordance with the provisions of subsection (i) of section 14-227a, as amended by this act. The approved ignition interlock device shall be installed and maintained [from] for a period of ten years after the date of the granting of such reversal or reduction. [is granted until ten years has passed since the date of such revocation.] The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to establish standards to implement the provisions of this section.
Sec. 55. Section 14-227k of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012):
(a) No person whose right to operate a motor vehicle has been restricted pursuant to an order of the court under subsection (b) of section 14-227j or by the Commissioner of Motor Vehicles pursuant to subsection (i) of section 14-227a, as amended by this act, shall (1) request or solicit another person to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing such person with an operable motor vehicle, or (2) operate any motor vehicle not equipped with a functioning ignition interlock device or any motor vehicle that a court has ordered such person not to operate.
(b) No person shall tamper with, alter or bypass the operation of an ignition interlock device for the purpose of providing an operable motor vehicle to a person whose right to operate a motor vehicle has been restricted pursuant to an order of the court under subsection (b) of section 14-227j or by the Commissioner of Motor Vehicles pursuant to subsection (i) of section 14-227a, as amended by this act.
(c) (1) Any person who violates any provision of subdivision (1) of subsection (a) or subsection (b) of this section shall be guilty of a class C misdemeanor.
(2) Any person who violates any provision of subdivision (2) of subsection (a) of this section shall be subject to the penalties set forth in subsection (c) of section 14-215, as amended by this act.
(d) Each court shall report each conviction under subsection (a) or (b) of this section to the Commissioner of Motor Vehicles, in accordance with the provisions of section 14-141. The commissioner shall suspend the motor vehicle operator's license or nonresident operating privilege of the person reported as convicted for a period of one year.
Sec. 56. Subsection (c) of section 14-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012):
(c) (1) Any person who operates any motor vehicle during the period such person's operator's license or right to operate a motor vehicle in this state is under suspension or revocation on account of a violation of subsection (a) of section 14-227a or section 53a-56b or 53a-60d or pursuant to section 14-227b, or in violation of a restriction placed on such person's operator's license or right to operate a motor vehicle in this state by the Commissioner of Motor Vehicles pursuant to subsection (i) of section 14-227a, as amended by this act, or pursuant to an order of the court under subsection (b) of section 14-227j, shall be fined not less than five hundred dollars or more than one thousand dollars and imprisoned not more than one year, and, in the absence of any mitigating circumstances as determined by the court, thirty consecutive days of the sentence imposed may not be suspended or reduced in any manner.
(2) Any person who operates any motor vehicle during the period such person's operator's license or right to operate a motor vehicle in this state is under suspension or revocation on account of a second violation of subsection (a) of section 14-227a or section 53a-56b or 53a-60d or for the second time pursuant to section 14-227b, or in violation of a restriction placed for the second time on such person's operator's license or right to operate a motor vehicle in this state by the Commissioner of Motor Vehicles pursuant to subsection (i) of section 14-227a, as amended by this act, or pursuant to an order of the court under subsection (b) of section 14-227j, shall be fined not less than five hundred dollars or more than one thousand dollars and imprisoned not more than two years, and, in the absence of any mitigating circumstances as determined by the court, one hundred twenty consecutive days of the sentence imposed may not be suspended or reduced in any manner.
(3) Any person who operates any motor vehicle during the period such person's operator's license or right to operate a motor vehicle in this state is under suspension or revocation on account of a third or subsequent violation of subsection (a) of section 14-227a or section 53a-56b or 53a-60d or for the third or subsequent time pursuant to section 14-227b, or in violation of a restriction placed for the third or subsequent time on such person's operator's license or right to operate a motor vehicle in this state by the Commissioner of Motor Vehicles pursuant to subsection (i) of section 14-227a, as amended by this act, or pursuant to an order of the court under subsection (b) of section 14-227j, shall be fined not less than five hundred dollars or more than one thousand dollars and imprisoned not more than three years, and, in the absence of any mitigating circumstances as determined by the court, one year of the sentence imposed may not be suspended or reduced in any manner.
(4) The court shall specifically state in writing for the record the mitigating circumstances, or the absence thereof.
Sec. 57. (Effective from passage) Not later than February 1, 2012, the Department of Motor Vehicles and the Court Support Services Division of the Judicial Branch shall jointly develop and submit to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and transportation, in accordance with section 11-4a of the general statutes, an implementation plan for requiring the installation and use of ignition interlock devices beginning January 1, 2014, for all persons who commit a violation of section 14-227a of the general statutes.
Sec. 58. (NEW) (Effective July 1, 2011) (a) There is established the Office of Governmental Accountability. The executive administrator of the office shall serve as the administrative head of the office, who shall be appointed in accordance with the provisions of section 59 of this act.
(b) The Office of Governmental Accountability shall provide personnel, payroll, affirmative action and administrative and business office functions and information technology associated with such functions for the following: The Office of State Ethics established under section 1-80 of the general statutes, as amended by this act, State Elections Enforcement Commission established under section 9-7a of the general statutes, as amended by this act, Freedom of Information Commission established under section 1-205 of the general statutes, as amended by this act, Judicial Review Council established under section 51-51k of the general statutes, as amended by this act, Judicial Selection Commission established under section 51-44a of the general statutes, as amended by this act, Board of Firearms Permit Examiners established under section 29-32b of the general statutes, as amended by this act, Office of the Child Advocate established under section 46a-13k of the general statutes, as amended by this act, Office of the Victim Advocate established under section 46a-13b of the general statutes, as amended by this act, and State Contracting Standards Board established under section 4e-2 of the general statutes, as amended by this act. The personnel, payroll, affirmative action and administrative and business office functions of said offices, commissions, council and boards shall be merged and consolidated within the Office of Governmental Accountability pursuant to the plan developed and implemented under the provisions of section 60 of this act.
(c) The executive administrator may employ necessary staff to carry out the administrative functions of the Office of Governmental Accountability, within available appropriations. Such necessary staff of the Office of Governmental Accountability shall be in classified service.
(d) Nothing in this section shall be construed to affect or limit the independent decision-making authority of the Office of State Ethics, State Elections Enforcement Commission, the Freedom of Information Commission, Judicial Review Council, Judicial Selection Commission, Board of Firearms Permit Examiners, Office of the Child Advocate, Office of the Victim Advocate or the State Contracting Standards Board. Such decision-making authority includes, but is not limited to, decisions concerning budgetary issues and concerning the employment of necessary staff to carry out the statutory duties of each such office, commission, council or board.
Sec. 59. (NEW) (Effective July 1, 2011) (a) (1) There shall be a Governmental Accountability Commission, within the office of Governmental Accountability established under section 58 of this act, that shall consist of nine members as follows: (A) The chairperson of the Citizen's Ethics Advisory Board established under section 1-80 of the general statutes, as amended by this act, or the chairperson's designee; (B) the chairperson of the State Elections Enforcement Commission established under section 9-7a of the general statutes, as amended by this act, or the chairperson's designee; (C) the chairperson of the Freedom of Information Commission established under section 1-205, of the general statutes, as amended by this act, or the chairperson's designee; (D) the executive director of the Judicial Review Council established under section 51-51k of the general statutes, as amended by this act, or the executive director's designee; (E) the chairperson of the Judicial Selection Commission established under section 51-44a of the general statutes, as amended by this act, or the chairperson's designee; (F) the chairperson of the Board of Firearms Permit Examiners established under section 29-32b of the general statutes, as amended by this act, or the chairperson's designee; (G) the Child Advocate appointed under section 46a-13k of the general statutes, as amended by this act, or the advocate's designee; (H) the Victim Advocate appointed under section 46a-13b of the general statutes, as amended by this act, or the advocate's designee; and (I) the chairperson of the State Contracting Standards Board established under section 4e-2 of the general statutes, as amended by this act, or the chairperson's designee. The Governmental Accountability Commission shall select a chairperson who shall preside at meetings of the commission. Said Commission shall meet for the purpose of making recommendations to the Governor for candidates for the executive administrator of the Office of Governmental Accountability pursuant to the provisions of subsection (b) of this section, or for the purpose of terminating the employment of the executive administrator.
(2) The commission established under subdivision (1) of this subsection shall not be construed to be a board or commission within the meaning of section 4-9a of the general statutes.
(b) (1) Notwithstanding the provisions of subdivisions (2) and (3) of this subsection concerning deadlines for recommendations for and appointment of an executive administrator of the Office of Governmental Accountability, not later than September 1, 2011, the Governor, with the approval of the General Assembly pursuant to subdivision (3) of this subsection, shall appoint a person as the executive administrator of the Office of Governmental Accountability established under section 58 of this act. Such person shall be qualified by training and experience to perform the administrative duties of the office. The initial appointment shall be made from a list prepared by the Governmental Accountability Commission pursuant to subdivision (2) of this subsection, except in the case of such initial appointment, such list shall be of not fewer than three persons. Not later than August 1, 2011, the commission shall submit such list to the Governor. If the Governmental Accountability Commission has not submitted such list to the Governor on or before August 1, 2011, then on or after August 2, 2011, the Governor shall appoint an acting executive administrator who shall serve until a successor is appointed and confirmed in accordance with the provisions of this section.
(2) Upon any vacancy in the position of executive administrator of the Office of Governmental Accountability, the commission shall meet to consider and interview successor candidates and shall submit to the Governor a list of not fewer than five and not more than seven of the most outstanding candidates, not later than sixty days after the occurrence of said vacancy. Such list shall rank the candidates in the order of commission preference. Upon receipt of the list of candidates from the commission, the Governor shall designate a candidate for the executive administrator of the Office of Governmental Accountability from among the choices not later than eight weeks after receiving such list. If at any time any candidate withdraws from consideration prior to confirmation by the General Assembly pursuant to subdivision (3) of this subsection, the Governor shall designate a candidate from the remaining candidates on the list.
(3) The candidate designated by the Governor, or if, not later than eight weeks after receiving such list, the Governor fails to designate a candidate on the list, the candidate ranked first on the list, shall be referred to either house of the General Assembly for confirmation. If such house of the General Assembly is not in session, the referred candidate shall serve as acting executive administrator and be entitled to the compensation and shall carry out the duties of the executive administrator until such house meets to take action on said appointment. The person appointed executive administrator shall serve for a term of four years and may be reappointed or shall continue to hold office until such person's successor is appointed and qualified. The Governmental Accountability Commission may terminate the term of an executive administrator in accordance with the provisions of section 59 of this act.
Sec. 60. (NEW) (Effective July 1, 2011) (a) Not later than November 1, 2011, the executive administrator appointed under section 59 of this act shall develop and implement a plan for the Office of Governmental Accountability to merge and provide for personnel, payroll, affirmative action and administrative and business office functions and information technology associated with such functions for the Office of State Ethics established under section 1-80 of the general statutes, as amended by this act, State Elections Enforcement Commission established under section 9-7a of the general statutes, as amended by this act, Freedom of Information Commission established under section 1-205 of the general statutes, as amended by this act, Judicial Review Council established under section 51-51k of the general statutes, as amended by this act, Judicial Selection Commission established under section 51-44a of the general statutes, as amended by this act, Board of Firearms Permit Examiners established under section 29-32b of the general statutes, as amended by this act, Office of the Child Advocate established under section 46a-13k of the general statutes, as amended by this act, Office of the Victim Advocate established under section 46a-13b of the general statutes, as amended by this act, and State Contracting Standards Board established under section 4e-2 of the general statutes, as amended by this act.
(b) Not later than January 2, 2012, the executive administrator of the Office of Governmental Accountability, in conjunction with (1) the executive director, or the executive director's designee, of each of the following: The Office of State Ethics, the Freedom of Information Commission, the State Elections Enforcement Commission and the Judicial Review Council, (2) the chairperson or the chairperson's designee of each of the following: The Judicial Selection Commission, the Board of Firearms Permit Examiners, and the State Contracting Standards Board, (3) the Child Advocate or the advocate's designee and (4) the Victim Advocate or the advocate's designee shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, government administration, the judiciary, children, public safety and human services concerning (A) the status of the merger described in subsection (a) of this section, and (B) any recommendations for further legislative action concerning such merger, including, but not limited to, recommendations to further consolidate and merge functions performed by the offices, commissions, boards and council within the Office of Governmental Accountability such as those concerning best use of staff, elimination of redundancies and cross-training of staff for the purpose of using staff to perform functions across such offices, commissions, boards and council.
Sec. 61. Subsection (a) of section 1-80 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There shall be established, within the Office of Governmental Accountability established under section 58 of this act, an Office of State Ethics. [that shall be an independent state agency and shall constitute a successor agency to the State Ethics Commission, in accordance with the provisions of sections 4-38d and 4-39.] Said office shall consist of an executive director, general counsel, ethics enforcement officer and such other staff as hired by the executive director. Within the Office of State Ethics, there shall be the Citizen's Ethics Advisory Board that shall consist of nine members, appointed as follows: One member shall be appointed by the speaker of the House of Representatives, one member by the president pro tempore of the Senate, one member by the majority leader of the Senate, one member by the minority leader of the Senate, one member by the majority leader of the House of Representatives, one member by the minority leader of the House of Representatives, and three members by the Governor. Members of the board shall serve for four-year terms which shall commence on October 1, 2005, except that members first appointed shall have the following terms: The Governor shall appoint two members for a term of three years and one member for a term of four years; the majority leader of the House of Representatives, minority leader of the House of Representatives and the speaker of the House of Representatives shall each appoint one member for a term of two years; the president pro tempore of the Senate, the majority leader of the Senate and the minority leader of the Senate shall each appoint one member for a term of four years. No individual shall be appointed to more than one four-year term as a member of the board, provided, members may not continue in office once their term has expired and members first appointed may not be reappointed. No more than five members shall be members of the same political party. The members appointed by the majority leader of the Senate and the majority leader of the House of Representatives shall be selected from a list of nominees proposed by a citizen group having an interest in ethical government. The majority leader of the Senate and the majority leader of the House of Representatives shall each determine the citizen group from which each will accept such nominations. One member appointed by the Governor shall be selected from a list of nominees proposed by a citizen group having an interest in ethical government. The Governor shall determine the citizen group from which the Governor will accept such nominations.
Sec. 62. Subsection (a) of section 1-205 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There shall be established, within the Office of Governmental Accountability established under section 58 of this act, a Freedom of Information Commission consisting of [five members] nine members. (1) Five of such members shall be appointed by the Governor, with the advice and consent of either house of the General Assembly. [, who] Such members shall serve for terms of four years from [the] July first of the year of their appointment, except that of the members appointed prior to and serving on July 1, 1977, one shall serve for a period of six years from July 1, 1975, one shall serve for a period of four years from July 1, 1975, and one shall serve for a period of six years from July 1, 1977. Of the two new members first appointed by the Governor after July 1, 1977, one shall serve from the date of such appointment until June 30, 1980, and one shall serve from the date of such appointment until June 30, 1982. (2) On and after July 1, 2011, four members of the commission shall be appointed as follows: One by the president pro tempore of the Senate, one by the minority leader of the Senate, one by the speaker of the House of Representatives and one by the minority leader of the House of Representatives. Such members shall serve for terms of two years from July first of the year of their appointment. (3) No more than [three] five members of the commission shall be members of the same political party. Any vacancy in the membership of the commission shall be filled by the appointing authority for the unexpired portion of the term.
Sec. 63. Subsection (a) of section 9-7a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is established, within the Office of Governmental Accountability established under section 58 of this act, a State Elections Enforcement Commission to consist of five members, not more than two of whom shall be members of the same political party and at least one of whom shall not be affiliated with any political party. Of the members first appointed hereunder, one shall be appointed by the minority leader of the House of Representatives and shall hold office for a term of one year from July 1, 1974; one shall be appointed by the minority leader of the Senate and shall hold office for a term of three years from said July first; one shall be appointed by the speaker of the House of Representatives and shall hold office for a term of one year from said July first; one shall be appointed by the president pro tempore of the Senate and shall hold office for a term of three years from said July first, and one shall be appointed by the Governor, provided that such member shall not be affiliated with any political party, and shall hold office for a term of five years from said July first. Thereafter, members shall be appointed for terms of five years from July first in the year of their appointment and shall be appointed by the person holding the same office as was held by the person making the original appointment, provided any person chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. All appointments shall be made with the consent of the state Senate and House of Representatives, provided the initial appointees may serve without confirmation from July 1, 1974, subject to approval at the next regular session of the General Assembly. No person who has served within the previous three years as a public official, other than a member of the State Elections Enforcement Commission, or who has served within the previous three years as a political party officer, shall be appointed to membership on the commission. For purposes of this subsection the term "public official" means an individual who holds or has held a state, district or municipal office as defined in section 9-372 but shall not include a justice of the peace or a notary public and the term "political party officer" means an officer or member of a national committee of a political party, state central or town committee, or any person employed by any such committee for compensation. The commission shall elect one of its members to serve as chairperson and another member to serve as vice-chairperson. Each member of the commission shall be compensated at the rate of two hundred dollars per day for any day on which he participates in a regular commission meeting or hearing, and shall be paid by the state for his reasonable expenses, including necessary stenographic and clerical help.
Sec. 64. Subsection (a) of section 51-44a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is established a Judicial Selection Commission, within the Office of Governmental Accountability established under section 58 of this act. Said commission shall be comprised of twelve members. Six of the members shall be attorneys-at-law and six of the members shall not be attorneys-at-law. Not more than six of the members shall belong to the same political party. None of the members shall be an elected or appointed official of the state or hold state-wide office in a political party.
Sec. 65. Subsection (a) of section 51-51k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is [hereby] established a Judicial Review Council, within the Office of Governmental Accountability established under section 58 of this act, to be composed of the following members: (1) Three judges of the Superior Court, who are not also judges of the Supreme Court, who shall be appointed by the Governor, from a list of six judges selected by the members of the Superior Court, with the approval of the General Assembly, (2) three attorneys-at-law admitted to practice in this state, who shall be appointed by the Governor with the approval of the General Assembly, (3) six persons who are not judges or attorneys-at-law, who shall be appointed by the Governor with the approval of the General Assembly, and (4) thirteen alternate members who shall be appointed by the Governor with the approval of the General Assembly, as follows: (A) Two judges of the Superior Court who are not also judges of the Supreme Court, from a list of four judges selected by the members of the Superior Court, (B) two attorneys-at-law admitted to practice in this state, (C) three persons who are not judges or attorneys-at-law, (D) three compensation commissioners, and (E) three family support magistrates.
Sec. 66. Subsection (a) of section 29-32b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There shall be established a Board of Firearms Permit Examiners, within the [Department of Public Safety for administrative purposes only, hereinafter referred to as the board] Office of Governmental Accountability established under section 58 of this act, to be comprised of seven members appointed by the Governor to serve during his term and until their successors are appointed and qualify. With the exception of public members, the members shall be appointed from nominees of the Commissioner of Public Safety, the Connecticut State Association of Chiefs of Police, the Commissioner of Environmental Protection, The Connecticut State Rifle and Revolver Association, Inc., and Ye Connecticut Gun Guild, Inc., and each of said organizations shall be entitled to representation on the board. At least one member of the board shall be a lawyer licensed to practice in this state, who shall act as chairman of the board during the hearing of appeals brought under this section.
Sec. 67. Subsection (d) of section 4e-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(d) The State Contracting Standards Board shall be [an independent body within the Executive Department] within the Office of Governmental Accountability established under section 58 of this act.
Sec. 68. (NEW) (Effective July 1, 2011) There is established an advisory committee to the Office of the Victim Advocate established under section 46a-13b of the general statutes, as amended by this act. Said committee shall prepare and submit to the Governor a list of candidates for appointment of the Victim Advocate. The advisory committee shall consist of seven members as follows: (1) One appointed by the president pro tempore of the Senate; (2) one appointed by the speaker of the House of Representatives; (3) one appointed by the majority leader of the Senate; (4) one appointed by the majority leader of the House of Representatives; (5) one appointed by the minority leader of the Senate; (6) one appointed by the minority leader of the House of Representatives; and (7) one appointed by the Governor. The committee shall select a chairperson who shall preside at meetings of the committee. No member of the advisory committee shall be a person who is a volunteer for, a board member of, or is employed by any entity or agency subject to the review of, or evaluation or monitoring by the Victim Advocate pursuant to section 46a-13c of the general statutes, or is a communicator lobbyist who pursuant to such lobbyist's registration under chapter 10 of the general statutes, lobbies on behalf of any entity or agency subject to the review of, or evaluation or monitoring by the Victim Advocate pursuant to said section 46a-13c. Each member of the advisory committee shall serve a term of five years and may be reappointed at the conclusion of such term. All initial appointments to the advisory committee shall be made not later than September 1, 2011. Each member of the advisory committee shall serve a five-year term from July first of the year of their appointment. Any vacancy in the membership of the committee shall be filled by the appointing authority for the unexpired portion of the term.
Sec. 69. Section 46a-13b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is established, within the Office of Governmental Accountability established under section 58 of this act, an Office of the Victim Advocate. The Governor, with the approval of the General Assembly, shall appoint a person with knowledge of victims' rights and services as Victim Advocate. Such person shall be an attorney and qualified by training and experience to perform the duties of Victim Advocate as set forth in section 46a-13c. [The appointment shall be made from a list of at least three persons prepared and submitted by the advisory committee established pursuant to section 46a-13f. Such list shall be confidential and not open to the public or subject to disclosure.] Upon any vacancy in the position of Victim Advocate, the advisory committee established pursuant to section 68 of this act shall meet to consider and interview successor candidates and shall submit to the Governor a list of [no less] not fewer than five and [no] not more than seven candidates not later than sixty days after said vacancy. Such list shall be confidential and not open to the public or subject to disclosure, and shall rank the candidates in the order of committee preference. [Upon receipt of] Not later than eight weeks after receiving the list of candidates from the advisory committee, the Governor shall appoint a candidate for Victim Advocate from among the choices [within eight weeks of receipt of] on such list. If, at any time, any of the candidates withdraws from consideration prior to confirmation by the General Assembly, the appointment shall be made from the remaining candidates on the list submitted to the Governor. The person appointed Victim Advocate shall serve for a term of four years and may be reappointed or shall continue to hold office until [his] a successor is appointed and qualified.
[(b) The Office of the Victim Advocate shall be in the Department of Administrative Services for administrative purposes only.]
[(c)] (b) Notwithstanding any other provision of the general statutes, the Victim Advocate shall act independently of any state department in the performance of [his] the advocate's duties.
[(d)] (c) The Victim Advocate may, within available funds, appoint such staff as may be deemed necessary. The duties of the staff may include the duties of the Victim Advocate if performed under the direction of the Victim Advocate.
[(e)] (d) The General Assembly may annually appropriate such sums as necessary for the payment of the salaries of the staff and for the payment of office expenses and other actual expenses incurred by the Victim Advocate in the performance of [his] the advocate's duties.
[(f)] (e) The Victim Advocate shall annually submit, in accordance with the provisions of section 11-4a, to the Governor, [and] the [General Assembly] joint standing committee of the General Assembly having cognizance of matters relating to the judiciary and the advisory committee established pursuant to section 68 of this act a detailed report analyzing the work of the Office of the Victim Advocate.
Sec. 70. (NEW) (Effective July 1, 2011) There is established an advisory committee to the Office of the Child Advocate established under section 46a-13k, as amended by this act. Said committee shall prepare and submit to the Governor a list of candidates for appointment of the Child Advocate. The advisory committee shall consist of seven members as follows: (1) One appointed by the president pro tempore of the Senate; (2) one appointed by the speaker of the House of Representatives; (3) one appointed by the majority leader of the Senate; (4) one appointed by the majority leader of the House of Representatives; (5) one appointed by the minority leader of the Senate; (6) one appointed by the minority leader of the House of Representatives; and (7) one appointed by the Governor. The committee shall select a chairperson who shall preside at meetings of the committee. No member of the advisory committee shall be a person who is a volunteer for, a board member of, or is employed by, any entity or agency subject to the review of, or evaluation or monitoring by the Child Advocate pursuant to section 46a-13l of the general statutes, or is a communicator lobbyist who pursuant to such lobbyist's registration under chapter 10 of the general statutes, lobbies on behalf of any entity or agency subject to the review of, or evaluation or monitoring by the Child Advocate pursuant to said section 46a-13l. Each member of the advisory committee shall serve a term of five years and may be reappointed at the conclusion of such term. All initial appointments to the advisory committee shall be made not later than September 1, 2011. Each member of the advisory committee shall serve a five-year term from July first of the year of their appointment. Any vacancy in the membership of the committee shall be filled by the appointing authority for the unexpired portion of the term.
Sec. 71. Section 46a-13k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is established, within the Office of Governmental Accountability established under section 58 of this act, an Office of the Child Advocate. The Governor, with the approval of the General Assembly, shall appoint a person with knowledge of the child welfare system and the legal system to fill the Office of the Child Advocate. Such person shall be qualified by training and experience to perform the duties of the office as set forth in section 46a-13l. [The appointment shall be made from a list of at least three persons prepared and submitted by the advisory committee established pursuant to section 46a-13q.] Upon any vacancy in the position of Child Advocate, the advisory committee established pursuant to section 70 of this act shall meet to consider and interview successor candidates and shall submit to the Governor a list of [no less] not fewer than five and [no] not more than seven of the most outstanding candidates, not later than sixty days after the occurrence of said vacancy. Such list shall rank the candidates in the order of committee preference. [Upon receipt of] Not later than eight weeks after receiving the list of candidates from the advisory committee, the Governor shall designate a candidate for Child Advocate from among the choices [within eight weeks of receipt of] on such list. If at any time any of the candidates withdraw from consideration prior to confirmation by the General Assembly, the designation shall be made from the remaining candidates on the list submitted to the Governor. If, not later than eight weeks after receiving the list, the Governor fails to designate a candidate [has not been designated by the Governor within the eight-week time period] from the list, the candidate ranked first shall receive the designation and be referred to the General Assembly for confirmation. If the General Assembly is not in session, the designated candidate shall serve as acting Child Advocate and be entitled to the compensation, privileges and powers of the Child Advocate until the General Assembly meets to take action on said appointment. The person appointed Child Advocate shall serve for a term of four years and may be reappointed or shall continue to hold office until such person's successor is appointed and qualified. Upon any vacancy in the position of Child Advocate and until such time as a candidate has been confirmed by the General Assembly or, if the General Assembly is not in session, has been designated by the Governor, the Associate Child Advocate shall serve as the acting Child Advocate and be entitled to the compensation, privileges and powers of the Child Advocate.
[(b) The Office of the Child Advocate shall be in the Department of Administrative Services for administrative purposes only.]
[(c)] (b) Notwithstanding any other provision of the general statutes, the Child Advocate shall act independently of any state department in the performance of [his] the advocate's duties.
[(d)] (c) The Child Advocate may, within available funds, appoint such staff as may be deemed necessary provided, for the fiscal years ending June 30, 1996, and June 30, 1997, such staff shall not exceed one and one-half full-time positions or the equivalent thereof. The duties of the staff may include the duties and powers of the Child Advocate if performed under the direction of the Child Advocate.
[(e)] (d) The General Assembly shall annually appropriate such sums as necessary for the payment of the salaries of the staff and for the payment of office expenses and other actual expenses incurred by the Child Advocate in the performance of his or her duties. Any legal or court fees obtained by the state in actions brought by the Child Advocate shall be deposited in the General Fund.
[(f)] (e) The Child Advocate shall annually submit, in accordance with the provisions of the section 11-4a, to the Governor, [and] the [General Assembly] joint standing committees of the General Assembly having cognizance of matters relating to the judiciary, children and human services and the advisory committee established pursuant to section 70 of this act a detailed report analyzing the work of the Office of the Child Advocate.
Sec. 72. Subdivision (2) of section 46a-13l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(2) Review periodically the procedures established by any state agency providing services to children to carry out the provisions of sections 46a-13k to [46a-13q] 46a-13p, inclusive, as amended by this act, with a view toward the rights of the children and recommend revisions to such procedures;
Sec. 73. Subsection (a) of section 46a-13o of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) In addition to the powers set forth in section 46a-13m, and notwithstanding section 3-125, the Child Advocate, or his designee, may represent, appear, intervene in or bring an action on behalf of any child in any proceeding before any court, agency, board or commission in this state in which matters related to sections 46a-13k to [46a-13q] 46a-13p, inclusive, as amended by this act, are in issue. Prior to the institution of any action brought pursuant to this subsection, the Child Advocate shall make a good faith effort to resolve issues or problems through mediation.
Sec. 74. Section 1-81a 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, the appropriations recommended for the division of the Office of State Ethics [, as established in section 1-80] within the Office of Governmental Accountability established under section 58 of this act, which division shall have a separate line item within the budget for the Office of Governmental Accountability, shall be the estimates of expenditure requirements transmitted to the Secretary of the Office of Policy and Management by the executive [director of the Office of State Ethics] administrator of the Office of Governmental Accountability and the recommended adjustments and revisions of such estimates shall be the recommended adjustments and revisions, if any, transmitted by said executive [director] administrator to the Office of Policy and Management.
(b) Notwithstanding any provision of the general statutes, the Governor shall not reduce allotment requisitions or allotments in force concerning the Office of State Ethics.
Sec. 75. Section 1-205a 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, the appropriations recommended for the division of the Freedom of Information Commission [, as established in section 1-205] within the Office of Governmental Accountability established under section 58 of this act, which division shall have a separate line item within the budget for the Office of Governmental Accountability, shall be the estimates of expenditure requirements transmitted to the Secretary of the Office of Policy and Management by the executive [director of the commission] administrator of the Office of Governmental Accountability and the recommended adjustments and revisions of such estimates shall be the recommended adjustments and revisions, if any, transmitted by said executive [director] administrator to the Office of Policy and Management.
(b) Notwithstanding any provision of the general statutes, the Governor shall not reduce allotment requisitions or allotments in force concerning the Freedom of Information Commission.
Sec. 76. Section 9-7c 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, the appropriations recommended for the division of the State Elections Enforcement Commission [, as established in section 9-7a] within the Office of Governmental Accountability established under section 58 of this act, which division shall have a separate line item within the budget for the Office of Governmental Accountability, shall be the estimates of expenditure requirements transmitted to the Secretary of the Office of Policy and Management by the executive [director of the commission] administrator of the Office of Governmental Accountability and the recommended adjustments and revisions of such estimates shall be the recommended adjustments and revisions, if any, transmitted by said executive [director] administrator to the Office of Policy and Management.
(b) Notwithstanding any provision of the general statutes, the Governor shall not reduce allotment requisitions or allotments in force concerning the State Elections Enforcement Commission.
Sec. 77. (NEW) (Effective July 1, 2011) (a) Any order or regulation of the Office of Workforce Competitiveness affecting the functions, powers, duties and obligations set forth in this section and sections 4-124w, 4-124z, 4-124bb, 4-124ff, 4-124gg, 4-124hh, 4-124tt, 4-124uu and 4-124vv of the general statutes, which is in force on the effective date of this section, shall continue in force and effect as an order or regulation of the Labor Department until amended, repealed or superseded pursuant to law. Where any orders or regulations of said office and said department conflict, the Labor Commissioner may implement policies and procedures consistent with the provisions of this section and sections 4-124w, 4-124z, 4-124bb, 4-124ff, 4-124gg, 4-124hh, 4-124tt, 4-124uu, 4-124vv, 10-95h, 10a-11b, 10a-19d, 31-3h, 31-3k, 31-11cc and 31-11dd of the general statutes, as amended by this act, while in the process of adopting the policy or procedure in regulation form, provided notice of intention to adopt regulations is printed in the Connecticut Law Journal not later than twenty days after implementation. The policy or procedure shall be valid until the time final regulations are effective.
Sec. 78. (NEW) (Effective July 1, 2011) (a) On and after the effective date of this section, the Department of Economic and Community Development shall assume all responsibilities of the Connecticut Commission on Culture and Tourism pursuant to any provision of the general statutes. The transfer of functions, powers, duties, personnel, obligations, including, but not limited to, contract obligations, the continuance of orders and regulations, the effect upon pending actions and proceedings, the completion of unfinished business, and the transfer of records and property between the Connecticut Commission on Culture and Tourism, as said department existed immediately prior to the effective date of this section, and the Department of Economic and Community Development shall be governed by the provisions of sections 4-38d, 4-38e and 4-39 of the general statutes.
(b) Wherever the term "Connecticut Commission on Culture and Tourism" is used or referred to in any public or special acts, the term "Department of Economic and Community Development" shall be substituted in lieu thereof.
(c) Wherever the term "executive director of the Commission on Culture and Tourism" is used or referred to in any public or special acts, the term "Commissioner of Economic and Community Development" shall be substituted in lieu thereof.
(d) Any order or regulation of the Connecticut Commission on Culture and Tourism, which is in force on the effective date of this section, shall continue in force and effect as an order or regulation of the Department of Economic and Community Development until amended, repealed or superseded pursuant to law. Where any order or regulation of said commission or said department conflicts, the Commissioner of Economic and Community Development may implement policies and procedures consistent with the provisions of this section and sections 3-110f, 3-110h, 3-110i, 4-9a, 4-66aa, 4-89, 4b-53, 4b-60, 4b-64, 4b-66a, 5-198, 7-147a, 7-147b, 7-147c, 7-147j, 7-147p, 7-147q, 7-147y, 8-37lll, 10-382, 10-384, 10-385, 10-386, 10-387, 10-388, 10-389, 10-391, 10-392, 10-393, 10-394, 10-395, 10-396, 10-397, 10-397a, 10-399, 10-400, 10-401, 10-402, 10-403, 10-404, 10-405, 10-406, 10-408, 10-409, 10-410, 10-411, 10-412, 10-413, 10-414, 10-415, 10-416, 10-416a, 10-416b, 10-425, 10a-111a, 10a-112, 10a-112b, 10a-112g, 11-6a, 12-376d, 13a-252, 19a-315b, 19a-315c, 22a-1d, 22a-19b, 22a-27s, 25-102qq, 25-109q, 29-259, 32-6a, 32-11a and 32-35 of the general statutes, as amended by this act, while in the process of adopting the policy or procedure in regulation form, provided notice of intention to adopt regulations is printed in the Connecticut Law Journal not later than twenty days after implementation. The policy or procedure shall be valid until the time final regulations are effective.
(e) The Legislative Commissioners' Office shall, in codifying the provisions of this section, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this section.
Sec. 79. (Effective July 1, 2011) Not later than January 2, 2012, the Commissioner of Economic and Community Development shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and commerce concerning (1) the status of the merger of the Department of Economic and Community Development and the Commission on Culture and Tourism in accordance with the provisions of this act, and (2) any recommendations for further legislative action concerning such merger.
Sec. 80. (Effective July 1, 2011) Not later than January 2, 2012, the Labor Commissioner shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and labor concerning (1) the status of the merger of the Labor Department and the Office of Workforce Competitiveness in accordance with the provisions of this act, and (2) any recommendations for further legislative action concerning such merger.
Sec. 81. Section 4-124w of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There [is established] shall be within the Labor Department an Office of Workforce Competitiveness. [that shall be within the Office of Policy and Management for administrative purposes only.]
(b) The [office] Labor Commissioner shall, with the assistance of the Office of Workforce Competitiveness:
(1) Be the Governor's principal workforce development policy advisor;
(2) Be the liaison between the Governor and any local, state or federal organizations and entities with respect to workforce development matters, including implementation of the Workforce Investment Act of 1998, P.L. 105-220, as from time to time amended;
(3) Coordinate the workforce development activities of all state agencies;
(4) Coordinate the state's implementation of the federal Workforce Investment Act of 1998, P.L. 105-220, as from time to time amended, and advise and assist the Governor with matters related to said act;
(5) Establish methods and procedures to ensure the maximum involvement of members of the public, the legislature and local officials in workforce development matters, including implementation of the Workforce Investment Act of 1998, P.L. 105-220, as from time to time amended;
[(6) Subject to the provisions of chapter 67, appoint such officials and other employees as may be necessary for the discharge of the duties of the office;]
[(7)] (6) Enter into such contractual agreements, in accordance with established procedures, as may be necessary to carry out the provisions of this section; [and section 20 of public act 00-192;]
[(8)] (7) Take any other action necessary to carry out the provisions of this section; [and section 20 of public act 00-192;] and
[(9) Be the lead state agency for the development of employment and training strategies and initiatives required to support Connecticut's position in the knowledge economy; and]
[(10)] (8) Not later than October 1, [2002] 2012, and annually thereafter, submit a report, with the assistance of the Labor Department, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to education, economic development, labor and higher education and employment advancement specifying a forecasted assessment by the Labor Department of workforce shortages in occupations in this state for the succeeding two and five-year periods. The report shall also include recommendations concerning (A) methods to generate a sufficient number of workers to meet identified workforce needs, including, but not limited to, scholarship, school-to-career and internship programs, and (B) methods secondary and higher education and private industry can use to address identified workforce needs.
(c) The Labor Department shall be the lead state agency for the development of employment and training strategies and initiatives required to support the state's position in the knowledge economy. The Labor Commissioner, with the assistance of the Office of Workforce Competitiveness, may call upon any office, department, board, commission or other agency of the state to supply such reports, information and assistance as may be necessary or appropriate in order to carry out [the] its duties and requirements. [of the Office for Workforce Competitiveness.] Each officer or employee of such office, department, board, commission or other agency of the state is authorized and directed to cooperate with the [Office of Workforce Competitiveness] Labor Commissioner and to furnish such reports, information and assistance.
Sec. 82. Section 4-124z of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [Office of Workforce Competitiveness, the] Labor Commissioner, the [Commissioners] Commissioner of Economic and Community Development, working with the Office of Workforce Competitiveness, the Commissioners of Education and Social Services, the Secretary of the Office of Policy and Management and the [Chancellor of the regional community-technical colleges] President of the Board of Regents for Higher Education, in consultation with the superintendent of the vocational-technical school system and one member of industry representing each of the economic clusters identified by the Commissioner of Economic and Community Development pursuant to section 32-1m shall (1) review, evaluate and, as necessary, recommend improvements for certification and degree programs offered by the vocational-technical school system and the community-technical college system to ensure that such programs meet the employment needs of business and industry, and (2) develop strategies to strengthen the linkage between skill standards for education and training and the employment needs of business and industry.
(b) Not later than January 1, 2002, and annually thereafter, the Commissioner of Education shall report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to education, commerce, labor and higher education and employment advancement on (1) the implementation of any recommended programs or strategies within the vocational-technical school system or the community-technical college system to strengthen the linkage between vocational-technical and community-technical college certification and degree programs and the employment needs of business and industry, and (2) any certification or degree programs offered by vocational-technical schools or community-technical colleges that do not meet current industry standards.
Sec. 83. Sections 4-124bb of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [Office of Workforce Competitiveness] Labor Department, in consultation with the Permanent Commission on the Status of Women, shall, within available appropriations, establish a Connecticut Career Ladder Advisory Committee which shall promote the creation of new career ladder programs and the enhancement of existing career ladder programs for occupations in this state with a projected workforce shortage, as forecasted [by the Office of Workforce Competitiveness] pursuant to section 4-124w, as amended by this act.
(b) The Connecticut Career Ladder Advisory Committee shall be comprised of the following thirteen members: (1) The Commissioners of Education, Higher Education and Public Health, or their designees; (2) the Labor Commissioner, or a designee; and (3) the following public members, all of whom shall be selected by the Labor Commissioner, with recommendation of the staff of the Office of Workforce Competitiveness, in conjunction with the Permanent Commission on the Status of Women, and knowledgeable about issues relative to career ladder programs or projected workforce shortage areas: (A) One member with expertise in the development of the early childhood education workforce; (B) one member with expertise in job training for women; (C) one member with expertise in the development of the health care workforce; (D) one member with expertise in labor market analysis; (E) one member representing health care employers; (F) one member representing early childhood education employers; and (G) three members with expertise in workforce development programs.
(c) All appointments to the advisory committee shall be made no later than October 1, 2003. Any vacancy shall be filled by the appointing authority. Members shall serve two-year terms and no public member shall serve for more than two consecutive terms.
(d) The advisory committee shall elect two cochairpersons from among its members. The advisory committee shall meet at least bimonthly. Members of the advisory committee shall serve without compensation, except for necessary expenses incurred in the performance of their duties.
(e) For purposes of this section, [and section 4-124cc,] "career ladder" means any continuum of education and training that leads to a credential, certificate, license or degree and results in career advancement or the potential to earn higher wages in an occupation with a projected workforce shortage, as forecasted [by the Office of Workforce Competitiveness] pursuant to section 4-124w, as amended by this act.
Sec. 84. Section 4-124ff of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) [The Office of Workforce Competitiveness shall] There is established, within available appropriations and in consultation with the council established under subsection (b) of this section, [establish] a competitive "Innovation Challenge Grant" program to promote and encourage partnerships and collaborations involving technology-based business and industry with institutions of higher education and regional vocational-technical schools for the development of educational programs in emerging and interdisciplinary technology fields and to address related issues.
(b) There is established a Council of Advisors on Strategies for the Knowledge Economy to promote the formation of university-industry partnerships, identify benchmarks for technology-based workforce innovation and competitiveness and advise the award process (1) for innovation challenge grants to public postsecondary schools and their business partners, and (2) grants under section 4-124hh. The council shall be chaired by the [director of the Office of Workforce Competitiveness] Commissioner of Economic and Community Development and shall include the Secretary of the Office of Policy and Management, the [Commissioners of Economic and Community Development and] Commissioner of Higher Education, the Labor Commissioner, the executive directors of Connecticut Innovations, Incorporated and the Connecticut Development Authority and four representatives from the technology industry, one of whom shall be appointed by the president pro tempore of the Senate, one of whom shall be appointed by the speaker of the House of Representatives, one of whom shall be appointed by the minority leader of the Senate and one of whom shall be appointed by the minority leader of the House of Representatives.
Sec. 85. Section 4-124gg of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Not later than October 1, [2005] 2012, the Labor Commissioner, with the assistance of the Office of Workforce Competitiveness [,] and in consultation with the superintendent of the regional vocational-technical school system, shall create an integrated system of state-wide industry advisory committees for each career cluster offered as part of the regional vocational-technical school and regional community-technical college systems. Said committees shall include industry representatives of the specific career cluster. Each committee for a career cluster shall, with support from the [Office of Workforce Competitiveness] Labor Department, regional vocational-technical and regional community-technical college systems and the Department of Education, establish specific skills standards, corresponding curriculum and a career ladder for the cluster which shall be implemented as part of the schools' core curriculum.
Sec. 86. Section 4-124hh of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [Office of Workforce Competitiveness] Department of Economic and Community Development shall, within available appropriations, establish a grant program to provide a flexible source of funding for the creation and generation of talent in institutions of higher education and, with appropriate connections to vocational-technical schools and other secondary schools, for student outreach and development. Grants pursuant to this subsection shall be awarded to institutions of higher education and may be used to:
(1) Upgrade instructional laboratories to meet specific industry-standard laboratory and instrumentation skill requirements;
(2) Develop new curriculum and certificate and degree programs at the associate, bachelor's, master's and doctorate levels, tied to industry identified needs;
(3) Develop seamlessly articulated career development programs in workforce shortage areas forecasted pursuant to subdivision (10) of subsection (b) of section 4-124w, as amended by this act, in collaboration with vocational-technical schools and other secondary schools and institutions of higher education;
(4) Support undergraduate and graduate student research projects and experimental learning activities; and
(5) Establish a nanotechnology post-secondary education program and clearinghouse for curriculum development, scholarships and student outreach.
(b) The [Office of Workforce Competitiveness] Department of Economic and Community Development shall, within available appropriations, establish a grant program to provide funding for the advancement of research capabilities and research opportunities. Grants pursuant to this subsection shall be awarded to institutions of higher education and technology focused organizations and may be used to:
(1) Recruit eminent faculty in basic and applied research;
(2) Leverage federal funding for research centers;
(3) Provide pilot funding for faculty to develop initial research data for the development of larger grant funding proposals and to nonstate granting entities, such as federal agencies; and
(4) Establish a Connecticut Nanotechnology Collaboration Initiative to foster industry-university relationships by providing:
(A) Discovery grants, not to exceed fifty thousand dollars, to support post-doctorate or graduate students working with industry on nanotechnology projects under the supervision of faculty members. Each discovery grant shall be matched with a direct or in-kind industry grant in the same amount;
(B) Collaborative grants, not to exceed one hundred fifty thousand dollars, to support university research teams working with industry on collaborative research projects focused on specific application development. Each collaborative grant shall be matched with an industry grant in the same amount;
(C) Prototype grants, not to exceed two hundred fifty thousand dollars, to enable universities and companies to demonstrate whether a prototype is manufacturable and functional and the cost effectiveness of nanotechnology-related applications. Each prototype grant shall be matched with an industry grant in an amount equal to two dollars for every one dollar of such prototype grant.
(c) The [Office of Workforce Competitiveness] Department of Economic and Community Development shall, within available appropriations, establish a grant program to provide funding for the promotion of collaborative research applications between industry and institutions of higher education. Grants pursuant to this subsection shall be awarded to institutions of higher education, technology-focused organizations and business entities and may be used:
(1) To improve technology infrastructure by advancing the development of shared use between institutions of higher education and business entities of laboratories and equipment, including, but not limited to, technology purchase, lease and installation, operating and necessary support personnel and maintenance;
(2) As matching grants for joint projects between an industry, a technology-focused organization or a university. The [office] Department of Economic and Community Development shall structure the matching grants to provide two rounds of funding annually and shall do outreach to companies. The matching grant part of the program shall include, but not be limited to, (A) one-to-one matching grants not to exceed one hundred thousand dollars, with in-kind match allowed for small and mid-sized companies, (B) involvement of a competitive process with outside reviewers using as key criteria (i) the demonstration of commercial relevance, and (ii) a clear path to the marketplace for any innovations developed in the course of the research, and (C) an aggressive marketing campaign through business organizations to raise industry awareness of resources from universities or technology-focused organizations; and
(3) To develop a Connecticut Center for Nanoscale Sciences and Development to provide a shared-use laboratory in one or more sites in the state to advance university research, industry application development and education involving the synthesis, characterization and fabrication of nanoscale materials, intermediates and devices and related program activities. The [Office of Workforce Competitiveness] Department of Economic and Community Development shall conduct a feasibility study and business planning model leading to the establishment of such center, including strategies for securing investments from the federal government and private entities. On or before January 1, 2007, said [office] department shall submit the results of such study, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to commerce and higher education and employment advancement.
(d) The [Office of Workforce Competitiveness] Department of Economic and Community Development shall, within available appropriations, establish a grant program to provide funding for the promotion of commercialization of research done by institutions of higher education. Grants pursuant to this subsection shall be awarded to institutions of higher education and business entities and may be used:
(1) To provide funding to verify the technical and commercial feasibility of early stage discoveries by institutions of higher education that are disclosed or patented to accelerate and increase the likelihood that the technology will be successfully commercialized;
(2) To provide matching support for smaller institutions of higher education to allow for contracts with independent technology transfer organizations to provide specific service to support specific needs; and
(3) To provide specialized technical assistance to advance nanotechnology awards to Connecticut companies, including nanotechnology-related workshops and seminars, grant preparation assistance, marketing assistance, services related to matching grants and other technical assistance to assist companies with nanotechnology-related applications.
Sec. 87. Section 4-124tt of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Within available appropriations, the Office of Workforce Competitiveness, [established pursuant to section 4-124w] within the Labor Department, may establish a pilot program to provide any eligible individual with a minor dependent access to training in order to obtain skills and credentials necessary to obtain and maintain employment. Such skills and credentials may include, but need not be limited to (1) a high school diploma or its equivalent; (2) an alternative degree; (3) English as a second language training; and (4) vocational training. For purposes of this section, an eligible individual is an individual who would qualify for benefits under the temporary assistance for needy families program pursuant to Title IV-A of the Social Security Act.
Sec. 88. Section 4-124vv of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The Labor Department, working with its Office of Workforce Competitiveness, shall, within available appropriations, fund Connecticut Career Choices.
Sec. 89. Section 10-95h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Not later than November thirtieth each year, the joint standing committees of the General Assembly having cognizance of matters relating to education, higher education and employment advancement and labor shall meet with the superintendent of the regional vocational-technical school system, the [director of the Office of Workforce Competitiveness, the] Labor Commissioner and such other persons as they deem appropriate to consider the items submitted pursuant to subsection (b) of this section.
(b) On or before November fifteenth, annually:
(1) The [director of the Office of Workforce Competitiveness and the] Labor Commissioner shall [each] submit the following to the joint standing committees of the General Assembly having cognizance of matters relating to education, higher education and employment advancement and labor: (A) Information identifying general economic trends in the state; (B) occupational information regarding the public and private sectors, such as continuous data on occupational movements; and (C) information identifying emerging regional, state and national workforce needs over the next thirty years.
(2) The superintendent of the vocational-technical school system shall submit the following to the joint standing committees of the General Assembly having cognizance of matters relating to education, higher education and employment advancement and labor: (A) Information ensuring that the curriculum of the regional vocational-technical school system is incorporating those workforce skills that will be needed for the next thirty years, as identified by [the director of the Office of Workforce Competitiveness and] the Labor Commissioner in subdivision (1) of this subsection, into the regional vocational-technical schools; (B) information regarding the employment status of students who graduate from the regional vocational-technical school system; (C) an assessment of the adequacy of the resources available to the regional vocational-technical school system as the system develops and refines programs to meet existing and emerging workforce needs; and (D) recommendations to the State Board of Education to carry out the provisions of subparagraphs (A) to (C), inclusive, of this subdivision.
Sec. 90. Subdivision (2) of subsection (a) of section 10a-11b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(2) The following persons shall serve as ex-officio nonvoting members on the commission: (A) The Commissioners of Higher Education, Education and Economic and Community Development, and the Labor Commissioner, or their designees; (B) the chairpersons of the boards of trustees and the chief executive officers of each constituent unit of the state system of higher education, or their designees; (C) the chairperson of the board and president of the Connecticut Conference of Independent Colleges, or their designees; (D) [the director of the Office of Workforce Competitiveness, or the director's designee; (E)] the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to higher education and employment advancement; and [(F)] (E) the Secretary of the Office of Policy and Management, or the secretary's designee.
Sec. 91. Subsection (b) of section 10a-19d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) The Commissioner of Higher Education, in consultation with the Labor Department's Office of Workforce Competitiveness, the Department of Education, the Department of Social Services, Charter Oak State College, early childhood education faculty at two and four-year public and independent institutions of higher education, early childhood education professional associations, early childhood education advocates and practitioners, and persons knowledgeable in the area of career development and programs in early childhood care and education, shall define the preservice and minimum training requirements and competencies for persons involved in early childhood education, from birth to five years of age, including requirements for individual levels of early childhood credentialing and licensing.
Sec. 92. Section 31-3h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is created, within the [Office of Workforce Competitiveness established under section 4-124w] Labor Department, the Connecticut Employment and Training Commission.
(b) The duties and responsibilities of the commission shall include:
(1) Carrying out the duties and responsibilities of a state job training coordinating council pursuant to the federal Job Training Partnership Act, 29 USC 1532, as amended, a state human resource investment council pursuant to 29 USC 1501 et seq., as amended, and such other related entities as the Governor may direct;
(2) Reviewing all employment and training programs in the state to determine their success in leading to and obtaining the goal of economic self-sufficiency and to determine if such programs are serving the needs of Connecticut's workers, employers and economy;
(3) Developing a plan for the coordination of all employment and training programs in the state to avoid duplication and to promote the delivery of comprehensive, individualized employment and training services. The plan shall contain the commission's recommendations for policies and procedures to enhance the coordination and collaboration of all such programs and shall be submitted on June 1, 2000, and annually thereafter, to the Governor for the Governor's approval;
(4) Reviewing and commenting on all employment and training programs enacted by the General Assembly;
(5) Implementing the federal Workforce Investment Act of 1998, P.L. 105-220, as from time to time amended. Such implementation shall include (A) developing, in consultation with the regional workforce development boards, a single Connecticut workforce development plan that (i) complies with the provisions of said act and section 31-11p, and (ii) includes comprehensive state performance measures for workforce development activities specified in Title I of the federal Workforce Investment Act of 1998, P.L. 105-220, as from time to time amended, which performance measures comply with the requirements of 20 CFR Part 666.100, (B) preparing and submitting a report on the state's progress in achieving such performance measures to the Governor and the General Assembly annually on January thirty-first, (C) making recommendations to the General Assembly concerning the allocation of funds received by the state under said act and making recommendations to the regional workforce development boards concerning the use of formulas in allocating such funds to adult employment and job training activities and youth activities, as specified in said act, (D) providing oversight and coordination of the state-wide employment statistics system required by said act, (E) as appropriate, recommending to the Governor that the Governor apply for workforce flexibility plans and waiver authority under said act, after consultation with the regional workforce development boards, (F) developing performance criteria for regional workforce development boards to utilize in creating a list of eligible providers, and (G) on or before December 31, 1999, developing a uniform individual training accounts voucher system that shall be used by the regional workforce development boards to pay for training of eligible workers by eligible providers, as required under said act;
(6) Developing and overseeing a plan for the continuous improvement of the regional workforce development boards established pursuant to section 31-3k, as amended by this act;
(7) Developing incumbent worker, and vocational and manpower training programs, including customized job training programs to enhance the productivity of Connecticut businesses and to increase the skills and earnings of underemployed and at-risk workers, and other programs administered by the regional workforce development boards. The Labor Department, in collaboration with the regional workforce development boards, shall implement any incumbent worker and customized job training programs developed by the commission pursuant to this subdivision; and
(8) Developing a strategy for providing comprehensive services to eligible youths, which strategy shall include developing youth preapprentice and apprentice programs through, but not limited to, regional vocational-technical schools, and improving linkages between academic and occupational learning and other youth development activities.
(c) On January 31, 2000, and annually thereafter, the Connecticut Employment and Training Commission shall submit to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, education, labor and social services a report on the progress made by the commission in carrying out its duties and responsibilities during the preceding year and the commission's goals and objectives for the current year.
Sec. 93. Subsection (d) of section 31-3k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(d) On October 1, 2002, and annually thereafter, each board shall submit to the [Office of Workforce Competitiveness] Labor Department comprehensive performance measures detailing the results of any education, employment or job training program or activity funded by moneys allocated to the board, including, but not limited to, programs and activities specified in the federal Workforce Investment Act of 1998, P.L. 105-220, as from time to time amended. Such performance measures shall include, but shall not be limited to, the identity and performance of any vendor that enters into a contract with the board to conduct, manage or assist with such programs or activities, the costs associated with such programs or activities, the number, gender and race of persons served by such programs or activities, the number, gender and race of persons completing such programs or activities, occupational skill types, the number, gender and race of persons who enter unsubsidized employment upon completion of such programs or activities, the number, gender and race of persons who remain in unsubsidized employment six months later and the earnings received by such persons.
Sec. 94. Section 31-11cc of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [Office of Workforce Competitiveness] Labor Commissioner, with the assistance of its Office of Workforce Competitiveness, shall establish the Adult Literacy Leadership Board as a standing committee of the Connecticut Employment and Training Commission to review and advise the commission on workforce investment and adult literacy programs and services. The board shall consist of seven voting members and ten ex-officio nonvoting members.
(1) The voting members shall include one member who [;] (A) directs a community literacy program; (B) directs a regional literacy program; (C) represents a public library; (D) directs a literacy outcome study from a private university; (E) directs a literacy outcome study from a public university; (F) represents an adult literacy advocacy group; and (G) has experience in research, planning and evaluation in literacy. The Governor shall appoint the chairperson, who shall be a voting member and described in this subdivision. Following the appointment of the chairperson, such chairperson, in consultation with the [director of the Office of Workforce Competitiveness] Labor Commissioner, shall appoint the remaining six voting members as described in this subdivision.
(2) The ex-officio nonvoting members shall consist of the following members, or their designees: The Commissioners of Correction, Education, [Higher Education,] Economic and Community Development and Social Services, the president of the Board of Regents for Higher Education, the Labor Commissioner, [the director of the Office of Workforce Competitiveness,] the Secretary of the Office of Policy and Management [, the chancellor of the regional community-technical colleges] and the State Librarian.
(3) The voting members shall serve for a term of four years.
(b) The chairperson of the board may create positions that the board deems necessary and may fill such positions from among its members. The powers of the board shall be vested in and exercised by not less than four members of the board. Four members of the board shall constitute a quorum.
(c) The [Office of Workforce Competitiveness] Labor Department may solicit and receive funds on behalf of the board and the commission from any public or private sources to carry out its activities.
(d) The board shall terminate as a standing committee of the commission on July 1, 2012.
Sec. 95. Section 31-11dd of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The Adult Literacy Leadership Board shall:
(1) Create vision and mission statements by January 1, 2009;
(2) Develop and update a three-year strategic plan, in accordance with section 31-11ee;
(3) Report recommendations annually through the commission to the Governor and General Assembly, in accordance with subsection (c) of this section, for sources and levels of funding to meet the goals and objectives outlined in the strategic plan under section 31-11ee;
(4) Establish results-based accountability measures for the adult literacy system and use them to track progress toward the goals and objectives outlined in the strategic plan;
(5) With state-agency partners, develop and maintain an online centralized inventory of all adult literacy programs and services offered in the state that includes a description of the type of service, the time and place it is offered and any eligibility requirements or fees;
(6) Establish standards for adult literacy service providers, including requirements for waiting lists;
(7) Require each adult literacy service provider in the state to maintain a waiting list and report the information to the board, in accordance with standards the board establishes;
(8) Promote coordination and collaboration of delivery of adult literacy programs and services through regionalized service delivery and community partnerships;
(9) Prepare information on the status of adult literacy in this state for inclusion in the commission's annual report card, in accordance with subsection (d) of this section and section 31-3bb; and
(10) Pilot the best practices which are identified through the research and analysis of adult literacy programs state-wide.
(b) The [Office of Workforce Competitiveness] Labor Department, in accordance with subsection (c) of section 4-124w, as amended by this act, may request other state agencies, including, but not limited to, the Departments of Education, Higher Education, Economic and Community Development and Social Services, [the Labor Department,] and the Board of Trustees of the Community-Technical Colleges to provide information, reports and other assistance to the board in carrying out its duties, pursuant to subsection (a) of this section and sections 31-11cc and 31-11ee, and to the Connecticut Employment and Training Commission in carrying out its duties pursuant to subsection (d) of this section.
(c) On or before January 1, 2009, and annually thereafter, the Connecticut Employment and Training Commission shall report, in accordance with section 11-4a, to the Governor and to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary, education, higher education, economic and community development, labor and human services on (1) the board's progress in developing and implementing the strategic plan, (2) the board's recommendations for sources and levels of funding to meet the goals outlined in the strategic plan, and (3) the adult literacy section of the commission's annual report card prepared pursuant to subdivision (9) of subsection (a) of this section.
(d) The Connecticut Employment and Training Commission's annual report card, prepared pursuant to subdivision (9) of subsection (a) of this section and section 31-3bb, shall provide information on the status of adult literacy in the state. The commission's annual report card shall identify each major component of the adult literacy system, including, but not limited to, adult education, family literacy and workplace literacy, and provide for each component: (1) The number and demographics of persons served, (2) a description of sources of funding, and (3) performance measures for adult literacy services.
Sec. 96. Subsection (a) of section 32-1o of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) On or before July 1, 2009, and every five years thereafter, the Commissioner of Economic and Community Development, within available appropriations, shall prepare an economic strategic plan for the state in consultation with the Secretary of the Office of Policy and Management, the Commissioners of Environmental Protection and Transportation, the Labor Commissioner, the chairperson of the Culture and Tourism Advisory Committee, the executive directors of the Connecticut Housing Finance Authority, the Connecticut Development Authority, Connecticut Innovations, Incorporated, [the Commission on Culture and Tourism] and the Connecticut Health and Educational Facilities Authority, [and the president of the Office of Workforce Competitiveness,] or their respective designees, and any other agencies the Commissioner of Economic and Community Development deems appropriate.
Sec. 97. Section 4-124uu of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The Office of Workforce Competitiveness, [in consultation] in conjunction with the Labor Commissioner [,] and in consultation with the Commissioners of Education and Economic and Community Development, [and the Connecticut Commission on Culture and Tourism,] shall establish a program that is designed to develop a trained workforce for the film industry in the state. Such program shall have three components: (1) An unpaid intern training program for high school and college students; (2) a production assistant training program open to any state resident; and (3) a workforce training program that would include classroom training, on-set training and a mentor program.
(b) Not later than ninety days after July 1, [2007] 2012, the Office of Workforce Competitiveness, with the approval of the Labor Commissioner, shall establish written participation guidelines for the program authorized under this section.
(c) Not later than January 1, [2008] 2012, and annually thereafter, the Office of Workforce Competitiveness shall submit a status report, in accordance with the provisions of section 11-4a, on the establishment and operation of the program authorized under this section to the Labor Commissioner, the Connecticut Employment and Training Commission, the joint standing committees of the General Assembly having cognizance of matters relating to commerce, and higher education and employment advancement.
Sec. 98. Section 10-392 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The General Assembly finds and declares that culture, history, the arts and the digital media and motion picture and tourism industries contribute significant value to the vitality, quality of life and economic health of Connecticut. [and therefore there is established the Connecticut Commission on Culture and Tourism.] The Connecticut Humanities Council and the Connecticut Trust for Historic Preservation shall operate in conjunction with the [commission] Department of Economic and Community Development for purposes of joint strategic planning, annual reporting on appropriations and fiscal reporting. The [purpose of the commission] department shall [be to] enhance and promote culture, history, the arts and the tourism and digital media and motion picture industries in Connecticut.
(b) The [commission] department shall:
(1) Market and promote Connecticut as a destination for leisure and business travelers through the development and implementation of a strategic state-wide marketing plan and provision of visitor services to enhance the economic impact of the tourism industry;
(2) Promote the arts;
(3) Recognize, protect, preserve and promote historic resources;
(4) Interpret and present Connecticut's history and culture;
(5) Promote Connecticut as a location in which to produce digital media and motion pictures and to establish and conduct business related to the digital media and motion picture industries to enhance these industries' economic impact in the state;
[(6) Beginning with the fiscal year ending June 30, 2006, and each fiscal year thereafter, prepare and submit to the Office of Policy and Management, in accordance with sections 4-77 and 4-77a, budget expenditure estimates and recommended adjustments for the next succeeding fiscal year or years and a detailed accounting of expenditures for the prior fiscal year, a copy of which shall be submitted to the General Assembly, in accordance with the provisions of section 11-4a;]
[(7)] (6) Establish a uniform financial reporting system and forms to be used by each regional tourism district, established under section 10-397, as amended by this act, in the preparation of the annual budget submitted to the General Assembly;
[(8)] (7) Integrate funding and programs whenever possible; and
[(9)] (8) On or before January 1, [2005] 2012, and biennially thereafter, develop and submit to the Governor and the General Assembly, in accordance with section 11-4a, a strategic plan to implement subdivisions (1) to (5), inclusive, of this subsection.
(c) Any proposals for projects [under the jurisdiction of the commission and projects] proposed by the Connecticut Humanities Council that require funding through the issuance of bonds by the State Bond Commission, in accordance with sections 13b-74 to 13b-77, inclusive, shall be submitted to the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development. The [commission] department shall review such proposals and submit any project that it believes has merit to the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding with the [commission's] department's recommendation for funding.
(d) The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development shall be a successor agency to the Connecticut Commission on Culture and Tourism, State Commission on the Arts, the Connecticut Historical Commission, the Office of Tourism, the Connecticut Tourism Council, the Connecticut Film, Video and Media Commission and the Connecticut Film, Video and Media Office in accordance with the provisions of sections 4-38d and 4-39.
(e) Wherever the words "State Commission on the Arts", "Connecticut Historical Commission", "Office of Tourism", "Connecticut Film, Video and Media Office" and "Connecticut Commission on Arts, Tourism, Culture, History and Film" are used in the following sections of the general statutes, or in any public or special act of the 2003 or 2004 session the words "Connecticut Commission on Culture and Tourism" shall be substituted in lieu thereof: 3-110f, as amended by this act, 3-110h, as amended by this act, 3-110i, as amended by this act, 4-9a, as amended by this act, 4b-53, as amended by this act, 4b-60, as amended by this act, 4b-64, as amended by this act, 4b-66a, as amended by this act, 7-147a, as amended by this act, 7-147b, as amended by this act, 7-147c, as amended by this act, 7-147j, as amended by this act, 7-147p, as amended by this act, 7-147q, as amended by this act, 7-147y, as amended by this act, 8-2j, 10-382, as amended by this act, 10-384, as amended by this act, 10-385, as amended by this act, 10-386, as amended by this act, 10-387, as amended by this act, 10-388, as amended by this act, 10-389, as amended by this act, 10-391, as amended by this act, 10a-111a, as amended by this act, 10a-112, as amended by this act, 10a-112b, as amended by this act, 10a-112g, as amended by this act, 11-6a, as amended by this act, 12-376d, as amended by this act, 13a-252, as amended by this act, 19a-315b, as amended by this act, 19a-315c, as amended by this act, 22a-1d, as amended by this act, 22a-19b, as amended by this act, 25-102qq, as amended by this act, 25-109q, as amended by this act, 29-259, as amended by this act, and 32-6a, as amended by this act.
(f) The Legislative Commissioners' Office shall, in codifying the provisions of this section, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this section.
Sec. 99. Section 10-393 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) [The Connecticut Commission on Culture and Tourism] There shall be a Culture and Tourism Advisory Committee which shall consist of twenty-eight voting [commissioners] members and nonvoting ex-officio members. Such ex-officio members shall be the executive directors of the Connecticut Trust for Historic Preservation and the Connecticut Humanities Council, the State Poet Laureate, the State Historian and the State Archaeologist. The State Poet Laureate, the State Historian and the State Archaeologist shall serve as [commissioners] members without being appointed and without receiving compensation for such service. The remaining twenty-three [commissioners] members shall be appointed as follows:
(1) The Governor shall appoint seven [commissioners] members: (A) One [commissioner] member shall be an individual with knowledge of and experience in the tourism industry from within the state; (B) three [commissioners] members shall be individuals with knowledge of or experience or interest in history or humanities; (C) one [commissioner] member shall be an individual with knowledge of or experience or interest in the arts; and (D) two [commissioners] members shall be selected at large.
(2) The speaker of the House of Representatives shall appoint three [commissioners] members: (A) One [commissioner] member shall be an individual with knowledge of and experience in the tourism industry from the western regional tourism district, established under section 10-397, as amended by this act; (B) one [commissioner] member shall be an individual with knowledge of or experience or interest in history or humanities; and (C) one [commissioner] member shall be an individual with knowledge of or experience or interest in the arts.
(3) The president pro tempore of the Senate shall appoint three [commissioners] members: (A) One [commissioner] member shall be an individual with knowledge of and experience in the tourism industry from the central regional tourism district, established under section 10-397, as amended by this act; (B) one [commissioner] member shall be an individual with knowledge of or experience or interest in history or humanities; and (C) one [commissioner] member shall be an individual with knowledge of or experience or interest in the arts.
(4) The majority leader of the House of Representatives shall appoint two [commissioners] members: (A) One [commissioner] member shall be an individual with knowledge of and experience in the tourism industry from the central regional tourism district, established under section 10-397, as amended by this act; and (B) one [commissioner] member shall be an individual with knowledge of or experience or interest in the arts.
(5) The majority leader of the Senate shall appoint two [commissioners] members: (A) One [commissioner] member shall be an individual with knowledge of and experience in the tourism industry from the eastern regional tourism district; and (B) one [commissioner] member shall be an individual with knowledge of or experience or interest in the arts.
(6) The minority leader of the House of Representatives shall appoint three [commissioners] members: (A) One [commissioner] member shall be an individual with knowledge of and experience in the tourism industry from within the state; (B) one [commissioner] member shall be an individual with knowledge of or experience or interest in history or humanities; and (C) one [commissioner] member shall be an individual with knowledge of or experience or interest in the arts.
(7) The minority leader of the Senate shall appoint three [commissioners] members: (A) One [commissioner] member shall be an individual with knowledge of and experience in the tourism industry from the western regional tourism district, established under section 10-397, as amended by this act; (B) one [commissioner] member shall be an individual with knowledge of or experience or interest in history or humanities; (C) one [commissioner] member shall be an individual with knowledge of or experience or interest in the arts.
(b) Each [commissioner] member shall serve a term that is coterminous with such [commissioner's] member's appointing authority.
(c) [The commission shall have an executive director, appointed by the Governor in accordance with the provisions of chapter 46, who shall administer the commission in accordance with subsection (e) of this section.] The voting [commissioners] members shall elect annually: A [commissioner] member from among the voting [commissioners] members to serve as chairperson of the [commission,] advisory committee and one [commissioner] member as vice-chairperson. [, and other commissioners as officers. Such commissioners shall establish bylaws as necessary for the operation of the commission.] [Commissioners] Members shall receive no compensation for the performance of their duties, but may be reimbursed for their necessary expenses incurred in the performance of their duties. The [commission] advisory committee shall meet at least once during each calendar quarter and at such other times as the chairperson deems necessary or upon the request of [a majority of commissioners in office] the commissioner.
(d) Thirteen voting [commissioners] members of the board shall constitute a quorum and the affirmative vote of a majority of the voting [commissioners] members present at a meeting of the [commission] advisory committee shall be sufficient for any action taken by the [commission] advisory committee. [No vacancy of a commissioner shall impair the right of a quorum to exercise all the rights and perform all the duties of the commission.] Any [action taken] recommendations by the [commission] advisory committee may be authorized by resolution at any regular or special meeting and shall take effect immediately unless otherwise provided in the resolution.
(e) The [executive director of the commission] Commissioner of Economic and Community Development shall [administer] provide administrative assistance to the [commission] advisory committee. [, subject to the supervision of the commissioners.] The [executive director] commissioner shall have the authority to: [administer all laws under the jurisdiction of the commission and the power and authority to: Coordinate and direct the operation of the commission; establish] Establish rules for the internal operation of the [commission] advisory committee; contract for facilities, services and programs to implement the purposes of the commission established by law; and enter into agreements for funding from private sources, including corporate donations and other commercial sponsorships. The [executive director] commissioner is authorized to do all things necessary to apply for, qualify for and accept any funds made available under any federal act for the purposes established under section 10-392, as amended by this act. All funds received under this subsection shall be deposited into the [Connecticut Commission on Culture and Tourism] culture and tourism account within the department, established under section 10-395, as amended by this act. The [executive director] commissioner may enter into contracts with the federal government concerning the use of such funds.
Sec. 100. Section 10-394 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) On or before June first of each year, each regional tourism district established under section 10-397, as amended by this act, shall prepare a proposed budget for the next succeeding fiscal year beginning July first to carry out its statutory duties. After approval by said tourism district's board of directors, and no later than June first of each year, the tourism district shall submit the proposed budget to the [executive director of the Commission on Culture and Tourism] Commissioner of Economic and Community Development for review, comments and recommendations by the [commission] department concerning the proposed expenditures. On and after December 31, [2010] 2011, and annually thereafter, the [commission] department shall review, in consultation with the tourism district, the proposed budget no later than June thirtieth, and approve or disapprove the budget. If the [commission] department disapproves any annual budget, the [commission] department shall adopt an interim budget and such interim budget shall take effect at the commencement of the fiscal year and shall remain in effect until the tourism district submits and the [commission] department approves a modified budget. The tourism district shall, on or before March 15, [2011] 2012, and annually thereafter, submit a copy of the budget to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, finance, revenue and bonding and commerce and the Office of Policy and Management, including an explanation detailing the proposed expenditures for the tourism district for the succeeding fiscal year. No funds shall be expended on or after [December 31, 2010] July 1, 2011, by the tourism district without prior approval of the budget or adoption of an interim budget by the [Commission on Culture and Tourism] Department of Economic and Community Development.
(b) On and after December 31, 2010, each regional tourism district shall ensure that no more than twenty per cent of the total annual grant amount received by the district is used for administrative costs. The [executive director, with the approval of the commissioners,] Commissioner of Economic and Community Development shall develop guidelines concerning administrative costs for tourism districts.
Sec. 101. Section 10-396 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
With respect to tourism activities, the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development shall:
(1) Develop, annually update and implement a strategic marketing plan for the national and international promotion of Connecticut as a tourism destination;
(2) Develop a Connecticut strategic plan for new tourism products and attractions;
(3) Provide marketing and other assistance to the tourism industry;
(4) Ensure cooperation among the regional tourism districts;
(5) Maintain, operate and manage the visitor welcome centers in the state;
(6) Develop and administer a program of challenge grants to encourage innovation and job development, provide incentives for coordinated activity consistent with the strategic marketing plan and stimulate the development of private funds for tourism promotion; and
(7) Subject to available funds, assist municipalities to accommodate tourist attractions within such municipalities or within neighboring or adjoining municipalities.
Sec. 102. Section 10-397 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There are established three regional tourism districts, each of which shall promote and market districts as regional leisure and business traveler destinations to stimulate economic growth. The districts shall be as follows:
(1) The eastern regional district, which shall consist of Ashford, Bozrah, Brooklyn, Canterbury, Chaplin, Colchester, Columbia, Coventry, East Lyme, Eastford, Franklin, Griswold, Groton, Hampton, Killingly, Lebanon, Ledyard, Lisbon, Lyme, Mansfield, Montville, New London, North Stonington, Norwich, Old Lyme, Plainfield, Pomfret, Preston, Putnam, Salem, Scotland, Sprague, Sterling, Stonington, Thompson, Union, Voluntown, Waterford, Willington, Windham and Woodstock;
(2) The central regional district, which shall consist of Andover, Avon, Berlin, Bethany, Bloomfield, Bolton, Branford, Canton, Cheshire, Chester, Clinton, Cromwell, Deep River, Durham, East Granby, East Haddam, East Hampton, East Hartford, East Haven, East Windsor, Ellington, Enfield, Essex, Farmington, Glastonbury, Granby, Guilford, Haddam, Hamden, Hartford, Hebron, Killingworth, Madison, Manchester, Marlborough, Meriden, Middlefield, Middletown, Milford, New Britain, New Haven, Newington, North Branford, North Haven, Old Saybrook, Orange, Plainville, Portland, Rocky Hill, Simsbury, Somers, South Windsor, Southington, Stafford, Suffield, Tolland, Vernon, Wallingford, West Hartford, West Haven, Westbrook, Wethersfield, Windsor, Windsor Locks and Woodbridge; and
(3) The western regional district, which shall consist of Ansonia, Barkhamsted, Beacon Falls, Bethel, Bethlehem, Bridgeport, Bridgewater, Bristol, Brookfield, Burlington, Canaan, Colebrook, Cornwall, Danbury, Darien, Derby, Easton, Fairfield, Goshen, Greenwich, Hartland, Harwinton, Kent, Litchfield, Middlebury, Monroe, Morris, Naugatuck, New Fairfield, New Hartford, New Milford, New Canaan, Newtown, Norfolk, North Canaan, Norwalk, Oxford, Plymouth, Prospect, Redding, Ridgefield, Roxbury, Salisbury, Seymour, Sharon, Shelton, Sherman, Southbury, Stamford, Stratford, Thomaston, Torrington, Trumbull, Warren, Washington, Waterbury, Watertown, Weston, Westport, Wilton, Winchester, Wolcott and Woodbury.
(b) Each regional tourism district shall be overseen by a board of directors consisting of one representative from each municipality within the district, appointed by the legislative body of the municipality and, where the legislative body is a town meeting, by the board of selectmen. Any such member of a board of directors shall serve for a term of three years. In addition, the board of directors may appoint up to twenty-one persons representing tourism interests within the district to serve on the board. No board member shall be deemed a state employee for serving on said board. All appointments to the board of directors shall be reported to the [executive director of the Connecticut Commission on Culture and Tourism] Commissioner of Economic and Community Development.
(c) The provisions of the Freedom of Information Act, as defined in section 1-200, shall apply to each regional tourism district.
(d) [Not later than February 1, 2010, the commission shall assist the central and western regional tourism districts in establishing a committee to draft a charter and bylaws for each district and to organize the initial meeting of the board of directors of each district, to be held no later than February 15, 2010.] Each tourism district shall adopt a charter and bylaws governing its operation.
(e) Each regional tourism district shall (1) comply with uniform standards for accounting and reporting expenditures that are established by the [commission] department in accordance with section 10-392, as amended by this act, and are based on industry accounting standards developed by the International Association of Convention and Visitor Bureaus or other national organizations related to tourism, and (2) on or before January first of each year, submit to the [commission] department, the Office of Policy and Management and the Office of Fiscal Analysis an independent audit in accordance with the provisions of sections 4-230 to 4-236, inclusive.
(f) Each regional tourism district shall solicit and may accept private funds for the promotion of tourism within its towns and cities and shall coordinate its activities with any private nonprofit tourist association within the district and within this state, that promotes tourism industry businesses in this state, in order to foster cooperation in the promotion of such businesses. Any funds received by a regional tourism district may be deposited in the account established in section 10-395, as amended by this act, or in an account established by such tourism district to receive such funds.
(g) The central regional district office shall be located within the [Hartford offices of the commission] department.
(h) The commissioner shall, within available appropriations, distribute tourism funding evenly among the three tourism districts.
Sec. 103. Section 10-397a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) As used in this section:
(1) ["Commission" means the Connecticut Commission on Culture and Tourism created by section 10-392] "Department" means the Department of Economic and Community Development;
(2) ["Executive director" means the executive director of the Connecticut Commission on Culture and Tourism appointed pursuant to section 10-393] "Commissioner" means the Commissioner of Economic and Community Development;
(3) "Former tourism district" means the tourism districts, as defined in section 32-302 of the general statutes, revision of 1958, revised to January 1, 2003; and
(4) "Regional tourism district" means one of the [five] three regional tourism districts created by section 10-397, as amended by this act.
(b) Any former tourism district having a cash surplus, after accounting for all liabilities, may distribute such surplus to the regional tourism district or districts serving the towns formerly served by such district. Any distribution shall be divided among the new district or districts in accordance with the following schedule:
T1 |
Former District |
New District(s) |
T2 |
||
T3 |
Northeastern |
Eastern (100%) |
T4 |
Southeastern |
Eastern (100%) |
T5 |
North Central |
Central (100%) |
T6 |
Greater Hartford |
Central (95%) |
T7 |
Western (5%) | |
T8 |
Central Connecticut |
Central (100%) |
T9 |
Connecticut Valley |
Central (100%) |
T10 |
Greater New Haven |
Central (67%) |
T11 |
Western (33%) | |
T12 |
Litchfield Hills |
Western (100%) |
T13 |
Housatonic Valley |
Western (100%) |
T14 |
Greater Waterbury |
Western (100%) |
T15 |
Greater Fairfield |
Western (100%) |
(c) Any former tourism district may, with the approval of the [executive director] commissioner, transfer noncash assets, including fixed assets and leases, to a regional tourism district or districts serving the towns formerly served by such district.
(d) Any regional tourism district may, by vote of its board of directors and with the approval of the [commission] department, assume the liabilities of a former tourism district that served all or part of the area served by the new district. No such assumption shall be approved unless (1) the regional district's approved budget makes provision for the costs arising from the assumption of liability; and (2) the [commission] department finds that the proposed assumption of liability is fair and equitable.
Sec. 104. Section 10-399 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) As used in this section: "Visitor welcome center" means the welcome centers, visitor centers and tourist information centers located in West Willington, Greenwich, Danbury, Darien, North Stonington and Westbrook, which have been established to distribute information to persons traveling in the state for the purpose of influencing such persons' level of satisfaction with the state and expenditures in the state and their planning for present and future trips to the state.
(b) The following measures shall be implemented to enhance the operation of visitor welcome centers:
(1) Each center shall make available space for listing events and promoting attractions, by invitation to the Connecticut tourism industry, including tourism districts, chambers of commerce and any other tourism entities involved in Connecticut tourism promotion;
(2) The [Commission on Culture and Tourism, established under section 10-392] Department of Economic and Community Development, in consultation with the Department of Transportation, shall develop plans for (A) consistent signage for the visitor welcome centers, and (B) highway signage regulations for privately operated centers;
(3) The Department of Transportation and the [commission] Department of Economic and Community Development shall establish an "Adopt A Visitor Welcome Center" program, under which local civic organizations may provide maintenance, gardening, including wildflowers, and complimentary refreshments or any other type of service at a visitor welcome center to enhance the operation of the center;
(4) The [commission] Department of Economic and Community Development shall place a full-time year-round supervisor and a part-time assistant supervisor at the Danbury, Darien, North Stonington and West Willington centers. The responsibilities of each supervisor shall include, but not be limited to: (A) Maintaining a sufficient inventory of up-to-date brochures for dissemination to visitors, (B) scheduling staff so as to assure coverage at all times, (C) training staff, (D) compiling and maintaining statistics on center usage, (E) serving as liaison between the [commission] department, the Department of Transportation, the tourism district in which the center is located and businesses in such district, (F) maintaining quality tourism services, (G) rotating displays, (H) evaluating staff, (I) problem-solving, and (J) computing travel reimbursements for volunteer staff;
(5) Subject to available funds, the [commission] Department of Economic and Community Development shall place a seasonal full-time supervisor and a seasonal part-time assistant supervisor at the Greenwich and Westbrook centers. The [commission] department shall discontinue staffing at the Middletown, Plainfield and Wallingford centers, and shall, in conjunction with the tourism industry, seek contract workers to provide tourism services at the Westbrook center when not staffed by the state;
(6) Subject to available funds, the [commission] Department of Economic and Community Development, in conjunction with the tourism industry, shall develop and implement initial staff training and conduct periodic training of full-time and part-time supervisors.
Sec. 105. Section 10-400 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
With respect to arts activities, the [Connecticut Commission on Culture and Tourism, established under section 10-392,] Department of Economic and Community Development shall encourage, within the state or in association with other states, or both, participation in, and promotion, development, acceptance and appreciation of, artistic and cultural activities that shall include, but are not limited to, music, theater, dance, painting, sculpture, architecture, literature, films and allied arts and crafts and to this end shall have the following powers: (1) To join or contract with consultants, private patrons, individual artists and ensembles and with institutions, local sponsoring organizations and professional organizations; (2) to enter into contracts to provide grants, loans or advances to individuals, organizations, or institutions, public or private, that are engaged in or plan to engage in artistic and cultural programs or activities within the state, or that are engaged in or plan to engage in the promotion, development, or encouragement of artistic and cultural programs or activities within the state; (3) to accept, hold and administer, on behalf of the [commission] department, in accordance with the provisions of sections 4-28, 4-31, 4-31a and 4b-22, real property, personal property, securities, other choses in action and moneys, or any interest therein, and income therefrom, either absolutely or in trust, for any purpose of the [commission] department. The [commission] department may acquire or receive such property or money for its purposes by the acceptance of state or federal or public or private loans, contributions, gifts, grants, donations, bequests or devises, and the [commission] department shall deposit or credit the same in the [Connecticut Commission on Culture and Tourism] culture and tourism account established under section 10-395, as amended by this act; (4) to establish a nonprofit foundation for the purpose of raising funds from private sources to encourage, within the state or in association with other states, or both, participation in, and promotion, development, acceptance and appreciation of, artistic and cultural activities that shall include, but are not limited to, music, theater, dance, painting, sculpture, architecture, literature, films, heritage, historic preservation, humanities and allied arts and crafts. All funds received by the foundation shall be held in the manner prescribed by sections 4-37e to 4-37j, inclusive; and (5) to perform such other acts as may be necessary or appropriate to carry out the objectives and purposes of the [commission] department. The General Assembly declares that all activities undertaken in carrying out the policies set forth in this chapter shall be directed toward encouraging and assisting, rather than in any way limiting, the freedom of artistic expression that is essential for the well-being of the arts. Said [commission] department shall maintain a survey of public and private facilities engaged within the state in artistic and cultural activities and determine the needs of the citizens of this state and the methods by which existing resources may be utilized, or new resources developed, to fulfill these needs. The [commission] department shall maintain a register of Connecticut artists. The name, town of residence and artistic medium of any such artist residing in Connecticut shall be entered in the register by the [commission] department upon the artist's request.
Sec. 106. Section 10-401 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Connecticut Commission on Culture and Tourism, established under section 10-392,] Department of Economic and Community Development shall establish and administer a "special incentive grant program" to provide financial assistance for artistic and cultural programs and activities pursuant to subdivision (2) of section 10-400, as amended by this act. No state funds appropriated to the [commission] department for the purposes of said program shall be disbursed unless one-third of the amount of such financial assistance consists of nonfederal funds raised and received by said [commission] department.
Sec. 107. Section 10-402 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) For purposes of this section the following terms have the following meanings:
(1) "Work of art" means any work of visual art, including but not limited to, a drawing, painting, sculpture, mosaic, photograph, work of calligraphy or work of graphic art or mixed media;
(2) "Connecticut artists" means artists born in Connecticut, artists who have worked in or received a portion of their training in Connecticut, or artists living in Connecticut at the time of the purchase of their works of art.
(b) The [Connecticut Commission on Culture and Tourism, established under section 10-392,] Department of Economic and Community Development may establish and administer a state art collection.
(c) The [Connecticut Commission on Culture and Tourism, established under section 10-392,] Department of Economic and Community Development shall establish policies and procedures with respect to the activities of the art collection and perform every other matter and thing requisite to the proper management, maintenance, support and control of the Connecticut art collection.
(d) The art collection shall be representative of various media, diverse styles and periods of Connecticut artists and shall be representative of Connecticut's ethnic, racial and cultural groups.
(e) The [Connecticut Commission on Culture and Tourism, established under section 10-392,] Department of Economic and Community Development may apply for and receive aid or grants from individuals, private artists, state sources, private foundations, local arts organizations and the federal government for the state art collection.
Sec. 108. Section 10-403 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Connecticut Commission on Culture and Tourism, established under section 10-392,] Department of Economic and Community Development is designated as the state agency for the reception and disbursement of federal, state and private moneys or other property made available on or after July 1, 1965, for the purpose of fostering the arts within the authority of the [commission] department, in accordance with the standard state fiscal procedures.
Sec. 109. Section 10-404 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Any person otherwise qualifying for a loan or grant made by the [Connecticut Commission on Culture and Tourism, established under section 10-392,] Department of Economic and Community Development pursuant to this chapter shall not be disqualified by reason of being under the age of eighteen years and for the purpose of applying for, receiving and repaying such a loan, or entering into a contract concerning such loan or grant, any such person shall be deemed to have full legal capacity to act and shall have all the rights, powers, privileges and obligations of a person of full age, with respect thereto.
Sec. 110. Section 10-405 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
For purposes of this section and sections 10-406 to 10-408, inclusive, as amended by this act:
(1) "Arts organization" means a nonprofit organization in the state which is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as from time to time amended, the primary purpose of which is to create, perform, present or otherwise promote the visual, performing or literary arts in the state, but shall not mean an organization, the primary purpose of which is instructional, or an organization, the primary purpose of which is to receive contributions for and provide funding to arts organizations;
(2) ["Commission" means the Connecticut Commission on Culture and Tourism, established under section 10-392] "Department" means the Department of Economic and Community Development;
(3) "Contribution" means cash, negotiable securities or other gifts of similar liquidity;
(4) "Donor" means a private organization, the primary purpose of which is to receive contributions for and provide funding to arts organizations, a private foundation or private corporation, partnership, single proprietorship or association or person making a contribution to an arts organization;
(5) "Fiscal year" means a period of twelve calendar months as determined by the arts organization's bylaws.
Sec. 111. Section 10-406 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
There is created a "Connecticut Arts Endowment Fund". The proceeds of any bonds issued for the purposes of sections 10-405 to 10-408, inclusive, as amended by this act, shall be deposited in said fund. The State Treasurer shall invest the proceeds of the fund and the investment earnings shall be credited to and become part of the fund. Annually, on or before September first, the Treasurer shall notify the [commission] department of the total amount of investment earnings of the fund for the prior fiscal year and such amount shall be available to the [commission] department for payments pursuant to sections 10-407 and 10-408, as amended by this act. Any balance remaining in the fund at the end of each fiscal year shall be carried forward in the fund for the succeeding fiscal year.
Sec. 112. Section 10-408 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Annually, on or before December fifteenth, an arts organization may apply to the [commission] department for a state matching grant, provided the organization includes in its application a copy of its Internal Revenue Service return of organization exempt from income tax form, or any replacement form adopted by the Internal Revenue Service, showing the total amount of contributions received from donors for the arts organization's two most recently completed fiscal years. On or before the January fifteenth next following, the [commission] department shall certify to the Treasurer an amount equal to the total matching grants as calculated pursuant to section 10-407. Thereafter, the Treasurer shall make available such amount to the [commission] department and the [commission] department shall, on or before April fifteenth, pay to each arts organization a grant as calculated pursuant to said section 10-407.
Sec. 113. Section 10-409 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) With respect to historical preservation, there is established within the [Connecticut Commission on Culture and Tourism, established under section 10-392, an] Department of Economic and Community Development a Historic Preservation Council. The Historic Preservation Council shall consist of twelve members to be appointed by the Governor. On or before January fifth in the even-numbered years, the Governor shall appoint six members for terms of four years each to replace those whose terms expire. One of such members shall be the State Historian and one shall be the State Archaeologist. Members shall be appointed in accordance with the provisions of section 4-9a, as amended by this act. No member shall serve for more than two consecutive full terms. Any 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 from office. The Governor shall biennially designate one member of the council to be chairperson. The Governor shall fill any vacancy for any unexpired portion of the term and may remove any member as provided by section 4-12. No compensation shall be received by the members of the council but they shall be reimbursed for their necessary expenses. The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development may, with the advice of the Historic Preservation Council, (1) study and investigate historic structures and landmarks in this state and encourage and recommend the development, preservation and marking of such historic structures and landmarks found to have educational, recreational and historical significance; (2) prepare, adopt and maintain standards for a state register of historic places; (3) update and keep current the state historic preservation plan; (4) administer the National Register of Historic Places Program; (5) assist owners of historic structures in seeking federal or other aid for historic preservation and related purposes; (6) recommend to the General Assembly the placing and maintaining of suitable markers, memorials or monuments or other edifices to designate historic structures and landmarks found to have historical significance; (7) make recommendations to the General Assembly regarding the development and preservation of historic structures and landmarks owned by the state; (8) maintain a program of historical, architectural, and archaeological research and development including surveys, excavation, scientific recording, interpretation and publication of the historical, architectural, archaeological and cultural resources of the state; (9) cooperate with promotional, patriotic, educational and research groups and associations, with local, state and national historical societies, associations and commissions, with agencies of the state and its political subdivisions and with the federal government, in promoting and publicizing the historical heritage of Connecticut; (10) formulate standards and criteria to guide the several municipalities in the evaluation, delineation and establishment of historic districts; (11) cooperate with the State Building Inspector, the Codes and Standards Committee and other building officials and render advisory opinions and prepare documentation regarding the application of the State Building Code to historic structures and landmarks if requested by owners of historic structures and landmarks, the State Building Inspector, the Codes and Standards Committee or other building officials; (12) review planned state and federal actions to determine their impact on historic structures and landmarks; (13) operate the Henry Whitfield House of Guilford, otherwise known as the Old Stone House, as a state historical museum and, in its discretion, charge a fee for admission to said museum and account for and deposit the same as provided in section 4-32; (14) provide technical and financial assistance to carry out the purposes of this section and sections 10-410 to 10-416, inclusive, as amended by this act; (15) adopt regulations in accordance with the provisions of chapter 54 for the preservation of sacred sites and archaeological sites; and (16) inventory state lands to identify sacred sites and archaeological sites. The [commission] department shall study the feasibility of establishing a state museum of Connecticut history at an appropriate existing facility. The Historic Preservation Council shall (A) review and approve or disapprove requests by owners of historic properties on which the [commission] department holds preservation easements to perform rehabilitation work on sacred sites and archaeological sites; (B) request the assistance of the Attorney General to prevent the unreasonable destruction of historic properties pursuant to the provisions of section 22a-19a; and (C) place and maintain suitable markers, memorials or monuments to designate sites or places found to have historic significance. The council shall meet monthly. The Connecticut Trust for Historic Preservation may provide technical assistance to the council.
(b) Notwithstanding the provisions of this section or section 1-210, the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development may withhold from disclosure to the public information relating to the location of archaeological sites under consideration for listing by the [commission] department or those listed on the National Register of Historic Places or the state register of historic places whenever the [commission] department determines that disclosure of specific information would create a risk of destruction or harm to such sites. The provisions of this subsection shall not apply to any such site unless the person who reported or discovered such site has submitted a written statement to the [commission] department requesting that no disclosure be made. Upon receipt of such statement, the [commission] department may withhold such information from disclosure until the July first next succeeding such receipt. Such person may request that a period of nondisclosure be extended by submitting such statements prior to July first of any year.
(c) The Historic Preservation Council of the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development shall develop a model ballot form to be mailed by clerks of municipalities on the question of creation of historic districts or districts as provided for in section 7-147a to 7-147k, inclusive, as amended by this act.
Sec. 114. Section 10-410 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
For the purposes of sections 10-409 to 10-415, inclusive, as amended by this act, ["commission" means the Connecticut Commission on Culture and Tourism established under section 10-392] "department" means the Department of Economic and Community Development; "municipality" shall include any town, city or borough; "private organization" means a nonprofit organization which has the power to acquire, relocate, restore and maintain historic structures and landmarks in the state of Connecticut; "historic district" means an area in a municipality established under section 7-147a, as amended by this act, or by special act; "historic structures and landmarks" means any building, structure, object or site that is significant in American history, architecture, archaeology and culture or property used in connection therewith including sacred sites and archaeological sites; "historic preservation" means research, protection, restoration, stabilization and adaptive use of buildings, structures, objects, districts, areas and sites significant in the history, architecture, archaeology or culture of this state, its municipalities or the nation; and "state register of historic places" means the [commission's] department's itemized list locating and classifying historic structures and landmarks throughout the state, as discovered in the commission's field survey of 1966-1967 and as subsequently augmented.
Sec. 115. Section 10-411 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Any municipality or private organization may acquire, relocate, restore, preserve and maintain historic structures and landmarks and may receive funds from the state and federal governments for such purposes. Grants-in-aid may be made to owners of historic structures or landmarks in an amount not to exceed fifty per cent of the nonfederal share of the total cost of such acquisition, relocation, historic preservation and restoration. Grants-in-aid shall be made through an assistance agreement signed by the owner. Subsequent to the execution of any such assistance agreement, advances of funds may be made by the [commission] department to the owner of such an historic structure or landmark.
(b) Before executing any such assistance agreement under sections 10-410 to 10-415, inclusive, as amended by this act, the [commission] department shall require that (1) the owner has developed a comprehensive historic preservation plan, approved by the [commission] department, together with specific work plans and specifications; (2) the owner provides payment and performance bonds to assure the completion of the preservation work in an authentic manner satisfactory to the [commission] department; (3) the owner has filed with the [town clerk in the municipality in which the property is located] department a declaration of covenant guaranteeing the preservation of the historical or architectural qualities of the property in perpetuity or for a period approved by the [commission] department; (4) the owner receiving funds for the purposes of said sections plans to and can demonstrate an ability to maintain and operate properly the historic structure or landmark for an indefinite period of time and that such owner will open it to the public at reasonable times, free of charge or subject to a reasonable charge as approved by the [commission] department; (5) the owner maintains sufficient casualty and liability insurance to render the state harmless in any action arising from the acquisition, relocation, restoration or operation of properties under said sections; and (6) if such historic structure or landmark lies within the boundaries of any historic district, the proposed acquisition, relocation, preservation and restoration has been approved by the local historic district [commission] department. Prior to the issuance of payment to the owner or any such assistance agreement, the owner shall file with the town clerk in the municipality in which the property is located, the declaration of covenant referenced in subdivision (3) of this subsection. Such assistance agreement may require that if the owner receiving funds under said sections fails to operate or maintain properly the historic structure or landmark, title to such property may be acquired by the [commission] department upon payment to such municipality or private organization of a sum equal to the amount provided by such municipality or private organization in accordance with such assistance agreement.
(c) Federal grants-in-aid shall be administered by the [commission] department in accordance with all federal requirements.
(d) The [commission] department shall adopt regulations pursuant to chapter 54 for its guidance before making such grants-in-aid or advances. Such regulations shall, among other things, require that the [commission] department determine that the historic structure or landmark to be acquired, relocated or restored is an authentic historic structure or landmark as identified in the state register of historic places.
Sec. 116. Section 10-412 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [commission] department may provide an appropriate plaque or marker at a cost, to be determined by the [commission] department, to the recipient for attachment to an historic structure or landmark identifying it as a Connecticut historical landmark within the criteria adopted by the [commission] department and as identified through the state register of historic places, if the owner agrees to display such plaque or marker in a manner satisfactory to the [commission] department. Any such plaque or marker may be repossessed by the [commission] department if the historic structure or landmark is not maintained in a manner satisfactory to the [commission] department.
(b) The [Connecticut Commission on Culture and Tourism, established under section 10-392] Department of Economic and Community Development, in consultation with the Amistad Committee, Inc., New Haven, shall establish a Freedom Trail and a program to recognize, document and mark sites in this state that are associated with the history and movement towards freedom of its African-American citizens, the Underground Railroad and the abolition of slavery. The [commission] department and the Amistad Committee, Incorporated, of New Haven shall designate and mark the sites of the Freedom Trail. The Amistad Committee, Inc., of New Haven shall be responsible for the coordination and organization of the "September Freedom Trail Month". The [commission] department shall establish a program to publicize the existence of the Freedom Trail and shall publish a brochure which indicates the location and history of the sites.
Sec. 117. Section 10-413 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [commission] department may, using such funds as may be appropriated to it or available from any other source, acquire by gift, grant, bequest, devise, lease, purchase or otherwise historic structures or landmarks, including such adjacent land as may be necessary for the comfort and safety of the visiting public, which the [commission] department determines to be of national or state historical importance and to be of such concern to the public at large that they should be held forever in good condition for visitation by the public and for the protection of the heritages of the people of this state and nation. The [commission] department may restore, maintain and operate, or may lease to private organizations or municipalities for the purpose of restoring, maintaining and operating, such properties in such a condition as to render them suitable for public visitation and to inform the public of the historic event or circumstance connected therewith. The [commission] department may charge reasonable visitation or special event fees, and operate or contract for the operation of gift shops at such properties and use funds received to help defray the cost of maintenance and operation of such properties and to replenish stock. The [commission] department may cooperate with the Department of Environmental Protection and any other appropriate municipal, state or federal agency or private organization in carrying out functions under this section and may enter into agreements for such purposes.
Sec. 118. Section 10-414 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [commission] department may place and maintain suitable markers, memorials or monuments to designate sites or places found to have historic significance.
Sec. 119. Section 10-415 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) In making any grants-in-aid or providing any plaques or markers or making any direct expenditures for purposes of acquisition, relocation, restoration, maintenance or operation under sections 10-410 to 10-414, inclusive, as amended by this act, and this section the [commission] department shall utilize any programs of the federal government in concert with its actions so as to reduce the amount of state or local expenditures hereunder. The state, acting through the [commission] department, and any municipality may receive from the federal government any financial or technical assistance which may be available to it for the purpose of acquisition, historic preservation or operation of historic structures or landmarks and may also receive from any source gifts, devises, bequests or legacies.
(b) The [commission] department may enter into and carry out contracts with the federal government or any agency thereof under which said government or agency grants financial or other assistance to the [commission] department to further the purposes of sections 10-409 to 10-416, inclusive, as amended by this act. The [commission] department may agree to and comply with any reasonable conditions not inconsistent with state law which are imposed on such grants. The [commission] department may further enter into and carry out contracts with municipalities or their agencies and with any private party to disburse federal funds to further the purpose of sections 10-409 to 10-416, inclusive, as amended by this act.
Sec. 120. Section 10-416 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) As used in this section, the following terms shall have the following meanings unless the context clearly indicates another meaning:
(1) ["Commission"] "Officer" means the [Connecticut Commission on Culture and Tourism established under section 10-392] State Historic Preservation Officer designated pursuant to 36 CFR S. 61.2 (1978);
(2) "Historic home" means a building that: (A) Will contain one-to-four dwelling units of which at least one unit will be occupied as the principal residence of the owner for not less than five years following the completion of rehabilitation work, (B) is located in a targeted area, and (C) is (i) listed individually on the National or State Register of Historic Places, or (ii) located in a district listed on the National or State Register of Historic Places, and has been certified by the commission as contributing to the historic character of such district;
(3) "Nonprofit corporation" means a nonprofit corporation incorporated pursuant to chapter 602 or any predecessor statutes thereto, having as one of its purposes the construction, rehabilitation, ownership or operation of housing and having articles of incorporation approved by the Commissioner of Economic and Community Development in accordance with regulations adopted pursuant to section 8-79a or 8-84;
(4) "Owner" means any taxpayer filing a state of Connecticut tax return who possesses title to an historic home, or prospective title to an historic home in the form of a purchase agreement or option to purchase, or a nonprofit corporation that possesses such title or prospective title;
(5) "Targeted area" means: (A) A federally designated "qualified census tract" in which seventy per cent or more of the families have a median income of eighty per cent or less of the state-wide median family income, (B) a state designated and federally approved area of chronic economic distress, or (C) an urban and regional center as identified in the Connecticut Conservation and Development Policies Plan;
(6) "Qualified rehabilitation expenditures" means any costs incurred for the physical construction involved in the rehabilitation of an historic home, but excludes: (A) The owner's personal labor, (B) the cost of site improvements, unless to provide building access to persons with disabilities, (C) the cost of a new addition, except as may be required to comply with any provision of the State Building Code or the State Fire Safety Code, (D) any cost associated with the rehabilitation of an outbuilding, unless such building contributes to the historical significance of the historic home, and (E) any nonconstruction cost such as architectural fees, legal fees and financing fees;
(7) "Rehabilitation plan" means any construction plans and specifications for the proposed rehabilitation of an historic home in sufficient detail to enable the commission to evaluate compliance with the standards developed under the provisions of subsections (b) to (d), inclusive, of this section; and
(8) "Occupancy period" means a period of five years during which one or more owners occupy an historic home as their primary residence. The occupancy period begins on the date the tax credit voucher is issued by the [commission] Department of Economic and Community Development.
(b) The [commission] Department of Economic and Community Development shall administer a system of tax credit vouchers within the resources, requirements and purposes of this section for owners rehabilitating historic homes or taxpayers making contributions to qualified rehabilitation expenditures. For tax years commencing on or after January 1, 2000, any owner shall be eligible for a tax credit voucher in an amount equal to thirty per cent of the qualified rehabilitation expenditures.
(c) The [commission] officer shall develop standards for the approval of rehabilitation of historic homes for which a tax credit voucher is sought. Such standards shall take into account whether the rehabilitation of an historic home will preserve the historic character of the building.
(d) The [commission shall] Department of Economic and Community Development may, in consultation with the Commissioner of Revenue Services, adopt regulations in accordance with chapter 54 to carry out the purposes of this section.
(e) Prior to beginning any rehabilitation work on an historic home, the owner shall submit a rehabilitation plan to the [commission] officer for a determination of whether such rehabilitation work meets the standards developed under the provisions of subsections (b) to (d), inclusive, of this section and shall also submit to the [commission] department an estimate of the qualified rehabilitation expenditures.
(f) If the [commission] officer certifies that the rehabilitation plan conforms to the standards developed under the provisions of subsections (b) to (d), inclusive, of this section, the [commission] department shall reserve for the benefit of the owner an allocation for a tax credit equivalent to thirty per cent of the projected qualified rehabilitation expenditures.
(g) Following the completion of rehabilitation of an historic home, the owner shall notify the [commission] officer that such rehabilitation has been completed. The [owner] officer shall provide the commission with documentation of work performed on the historic home and shall certify the cost incurred in rehabilitating the home. The [commission] officer shall review such rehabilitation and verify its compliance with the rehabilitation plan. Following such verification, the [commission] Department of Economic and Community Development shall issue a tax credit voucher to either the owner rehabilitating the historic home or to the taxpayer named by the owner as contributing to the rehabilitation. The tax credit voucher shall be in an amount equivalent to the lesser of the tax credit reserved upon certification of the rehabilitation plan under the provisions of subsection (f) of this section or thirty per cent of the actual qualified rehabilitation expenditures. In order to obtain a credit against any state tax due that is specified in subsections (j) to (m), inclusive, of this section, the holder of the tax credit voucher shall file the voucher with the holder's state tax return.
(h) Before the [commission] Department of Economic and Community Development issues a tax credit voucher, the owner shall deliver a signed statement to the [commission] department which provides that: (1) The owner shall occupy the historic home as the owner's primary residence during the occupancy period, or (2) the owner shall convey the historic home to a new owner who will occupy it as the new owner's primary residence during the occupancy period, or (3) an encumbrance shall be recorded, in favor of the local, state or federal government or other funding source, that will require the owner or the owner's successors to occupy the historic home as the primary residence of the owner or the owner's successors for a period equal to or longer than the occupancy period. A copy of any such encumbrance shall be attached to the signed statement.
(i) The owner of an historic home shall not be eligible for a tax credit voucher under subsections (b) to (d), inclusive, of this section, unless the owner incurs qualified rehabilitation expenditures exceeding twenty-five thousand dollars.
(j) The Commissioner of Revenue Services shall grant a tax credit to a taxpayer holding the tax credit voucher issued under subsections (e) to (i), inclusive, of this section against any tax due under chapter 207, 208, 209, 210, 211 or 212 in the amount specified in the tax credit voucher. The [commission] Department of Economic and Community Development shall provide a copy of the voucher to the Commissioner of Revenue Services upon the request of said commissioner.
(k) In no event shall a credit allowed under this section exceed thirty thousand dollars per dwelling unit for an historic home.
(l) The tax credit issued under subsection (j) of this section shall be taken by the holder of the tax credit voucher in the same tax year in which the voucher is issued. Any unused portion of such credit may be carried forward to any or all of the four taxable years following the year in which the tax credit voucher is issued.
(m) The aggregate amount of all tax credits which may be reserved by the [commission] Department of Economic and Community Development upon certification of rehabilitation plans under subsections (b) to (d), inclusive, of this section shall not exceed three million dollars in any one fiscal year.
Sec. 121. Section 10-416a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011, and applicable to income years commencing on or after January 1, 2011):
(a) As used in this section, the following terms shall have the following meanings unless the context clearly indicates another meaning:
(1) ["Commission"] "Officer" means the [Connecticut Commission on Culture and Tourism established pursuant to section 10-392] State Historic Preservation Officer designated pursuant to 36 CFR S. 61.2 (1978);
(2) "Certified historic structure" means an historic commercial, [or] industrial, institutional, former municipal, state or federal government property, cultural building, or residential property of more than four units that: (A) Is listed individually on the National or State Register of Historic Places, or (B) is located in a district listed on the National or State Register of Historic Places, and has been certified by the [commission] officer as contributing to the historic character of such district;
(3) "Certified rehabilitation" means any rehabilitation of a certified historic structure for residential use consistent with the historic character of such property or the district in which the property is located as determined by regulations adopted by the [commission] Department of Economic and Community Development;
(4) "Owner" means any person, firm, limited liability company, nonprofit or for-profit corporation or other business entity which possesses title to an historic structure and undertakes the rehabilitation of such structure;
(5) "Placed in service" means that substantial rehabilitation work has been completed which would allow for issuance of a certificate of occupancy for the entire building or, in projects completed in phases, for individual residential units that are an identifiable portion of the building;
(6) "Qualified rehabilitation expenditures" means any costs incurred for the physical construction involved in the rehabilitation of a certified historic structure for residential use, excluding: (A) The owner's personal labor, (B) the cost of a new addition, except as required to comply with any provision of the State Building Code or the State Fire Safety Code, and (C) any nonconstruction cost such as architectural fees, legal fees and financing fees;
(7) "Rehabilitation plan" means any construction plans and specifications for the proposed rehabilitation of a certified historic structure in sufficient detail for evaluation by compliance with the standards developed under the provisions of subsections (b) to (d), inclusive, of this section; and
(8) "Substantial rehabilitation" or "substantially rehabilitate" means the qualified rehabilitation expenditures of a certified historic structure that exceed twenty-five per cent of the assessed value of such structure.
(b) (1) The [commission] Department of Economic and Community Development shall administer a system of tax credit vouchers within the resources, requirements and purposes of this section for owners rehabilitating certified historic structures.
(2) The credit authorized by this section shall be available in the tax year in which the substantially rehabilitated certified historic structure is placed in service. In the case of projects completed in phases, the tax credit shall be prorated to the substantially rehabilitated identifiable portion of the building placed in service. If the tax credit is more than the amount owed by the taxpayer for the year in which the substantially rehabilitated certified historic structure is placed in service, the amount that is more than the taxpayer's tax liability may be carried forward and credited against the taxes imposed for the succeeding five years or until the full credit is used, whichever occurs first.
(3) Any credits allowed under this section that are provided to multiple owners of certified historic structures shall be passed through to persons designated as partners, members or owners, pro rata or pursuant to an agreement among such persons designated as partners, members or owners documenting an alternative distribution method without regard to other tax or economic attributes of such entity. Any owner entitled to a credit under this section may assign, transfer or convey the credits, in whole or in part, by sale or otherwise to any individual or entity and such transferee shall be entitled to offset the tax imposed under chapter 207, 208, 209, 210, 211 or 212 as if such transferee had incurred the qualified rehabilitation expenditure.
(c) The [commission] officer shall develop standards for the approval of rehabilitation of certified historic structures for which a tax credit voucher is sought. Such standards shall take into account whether the rehabilitation of a certified historic structure will preserve the historic character of the building.
(d) The [commission shall] Department of Economic and Community Development may adopt regulations, in accordance with chapter 54, to carry out the purposes of this section. Such regulations shall include provisions for filing of applications, rating criteria and for timely approval by the [commission] department.
(e) Prior to beginning any rehabilitation work on a certified historic structure, the owner shall submit (1) a rehabilitation plan to the [commission] officer for a determination of whether or not such rehabilitation work meets the standards developed under the provisions of subsections (b) to (d), inclusive, of this section, and (2) an estimate of the qualified rehabilitation expenditures. The provisions of this subsection shall not disqualify applications for tax credits for certified historic structures for which rehabilitation commenced but were not placed in service before July 1, 2006.
(f) If the [commission] officer certifies that the rehabilitation plan conforms to the standards developed under the provisions of subsections (b) to (d), inclusive, of this section, the [commission] Department of Economic and Community Development shall reserve for the benefit of the owner an allocation for a tax credit equivalent to twenty-five per cent of the projected qualified rehabilitation expenditures, not exceeding two million seven hundred thousand dollars.
(g) Following the completion of rehabilitation of a certified historic structure, the owner shall notify the [commission] officer that such rehabilitation has been completed. The owner shall provide the [commission] officer with documentation of work performed on the certified historic structure and shall submit certification of the costs incurred in rehabilitating the certified historic structure. The [commission] officer shall review such rehabilitation and verify its compliance with the rehabilitation plan. Following such verification, the [commission] Department of Economic and Community Development shall issue a tax credit voucher to the owner rehabilitating the certified historic structure or to the taxpayer named by the owner as contributing to the rehabilitation. The tax credit voucher shall be in an amount equivalent to the lesser of the tax credit reserved upon certification of the rehabilitation plan under the provisions of subsection (f) of this section or twenty-five per cent of the actual qualified rehabilitation expenditures not exceeding two million seven hundred thousand dollars. In order to obtain a credit against any state tax due that is specified in subsections (h) to (j), inclusive, of this section, the holder of the tax credit voucher shall file the voucher with the holder's state tax return.
(h) The Commissioner of Revenue Services shall grant a tax credit to a taxpayer holding the tax credit voucher issued under subsections (e) to (i), inclusive, of this section against any tax due under chapter 207, 208, 209, 210, 211 or 212 in the amount specified in the tax credit voucher. Such taxpayer shall submit the voucher and the corresponding tax return to the Department of Revenue Services.
(i) The aggregate amount of all tax credits which may be reserved by the [commission] Department of Economic and Community Development upon certification of rehabilitation plans under subsections (b) to (d), inclusive, of this section shall not exceed fifteen million dollars in any one fiscal year.
(j) The [commission] Department of Economic and Community Development may charge an application fee in an amount not to exceed ten thousand dollars to cover the cost of administering the program established pursuant to this section.
Sec. 122. Section 10-416b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011, and applicable to income years commencing on or after January 1, 2011):
(a) As used in this section, the following terms shall have the following meanings unless the context clearly indicates another meaning:
(1) ["Commission"] "Officer" means the [Connecticut Commission on Culture and Tourism established pursuant to section 10-392] State Historic Preservation Officer designated pursuant to 36 CFR S. 61.2 (1978);
(2) "Certified historic structure" means an historic commercial, [or] industrial, former municipal, state or federal government property, cultural building, institutional or mixed residential and nonresidential property that: (A) Is listed individually on the National or State Register of Historic Places, or (B) is located in a district listed on the National or State Register of Historic Places, and has been certified by the [commission] officer as contributing to the historic character of such district;
(3) "Certified rehabilitation" means any rehabilitation of a certified historic structure for mixed residential and nonresidential uses or nonresidential use consistent with the historic character of such property or the district in which the property is located as determined by regulations adopted by the [commission] Department of Economic and Community Development;
(4) "Owner" means any person, firm, limited liability company, nonprofit or for-profit corporation or other business entity or municipality which possesses title to an historic structure and undertakes the rehabilitation of such structure;
(5) "Placed in service" means that substantial rehabilitation work has been completed which would allow for issuance of a certificate of occupancy for the entire building or, in projects completed in phases, for an identifiable portion of the building;
(6) "Qualified rehabilitation expenditures" means any costs incurred for the physical construction involved in the rehabilitation of a certified historic structure for mixed residential and nonresidential uses [where at least thirty-three per cent of the total square footage of the rehabilitation is placed into service for residential use] or nonresidential uses, excluding: (A) The owner's personal labor, (B) the cost of a new addition, except as required to comply with any provision of the State Building Code or the State Fire Safety Code, and (C) any nonconstruction cost such as architectural fees, legal fees and financing fees;
(7) "Rehabilitation plan" means any construction plans and specifications for the proposed rehabilitation of a certified historic structure in sufficient detail for evaluation by compliance with the standards developed under the provisions of subsections (b) to (d), inclusive, of this section; and
(8) "Substantial rehabilitation" or "substantially rehabilitate" means the qualified rehabilitation expenditures of a certified historic structure that exceed twenty-five per cent of the assessed value of such structure.
(b) (1) The [commission] Department of Economic and Community Development shall administer a system of tax credit vouchers within the resources, requirements and purposes of this section for owners rehabilitating certified historic structures.
(2) The credit authorized by this section shall be available in the tax year in which the substantially rehabilitated certified historic structure is placed in service. In the case of projects completed in phases, the tax credit shall be prorated to the substantially rehabilitated identifiable portion of the building placed in service. If the tax credit is more than the amount owed by the taxpayer for the year in which the substantially rehabilitated certified historic structure is placed in service, the amount that is more than the taxpayer's tax liability may be carried forward and credited against the taxes imposed for the succeeding five years or until the full credit is used, whichever occurs first.
(3) In the case of projects completed in phases, the [commission] Department of Economic and Community Development may issue vouchers for the substantially rehabilitated identifiable portion of the building placed in service. [, regardless of whether such portion contains residential uses.]
(4) Any credits allowed under this section that are provided to multiple owners of certified historic structures shall be passed through to persons designated as partners, members or owners, pro rata or pursuant to an agreement among such persons designated as partners, members or owners documenting an alternative distribution method without regard to other tax or economic attributes of such entity. Any owner entitled to a credit under this section may assign, transfer or convey the credits, in whole or in part, by sale or otherwise to any individual or entity and such transferee shall be entitled to offset the tax imposed under chapter 207, 208, 209, 210, 211 or 212 as if such transferee had incurred the qualified rehabilitation expenditure.
(c) The [commission] officer shall develop standards for the approval of rehabilitation of certified historic structures for which a tax credit voucher is sought. Such standards shall take into account whether the rehabilitation of a certified historic structure will preserve the historic character of the building.
(d) The [commission shall] Department of Economic and Community Development may adopt regulations, in accordance with chapter 54, to carry out the purposes of this section. Such regulations shall include provisions for the filing of applications, rating criteria and for timely approval by the [commission] department.
(e) Prior to beginning any rehabilitation work on a certified historic structure, the owner shall submit to the officer (1) (A) a rehabilitation plan [to the commission] for a determination of whether or not such rehabilitation work meets the standards developed under the provisions of subsections (b) to (d), inclusive, of this section, and (B) if such rehabilitation work is planned to be undertaken in phases, a complete description of each such phase, with anticipated schedules for completion, (2) an estimate of the qualified rehabilitation expenditures, and (3) for projects pursuant to subdivision (2) of subsection (f) of this section, (A) the number of units of affordable housing, as defined in section 8-39a, to be created, (B) the proposed rents or sale prices of such units, and (C) the median income for the municipality where the project is located. [In the case of a project pursuant to subdivision (2) of subsection (f) of this section the owner shall submit a copy of data required under subdivision (3) of this subsection to the Department of Economic and Community Development.]
(f) If the [commission] officer certifies that the rehabilitation plan conforms to the standards developed under the provisions of subsections (b) to (d), inclusive, of this section, the [commission] Department of Economic and Community Development shall reserve for the benefit of the owner an allocation for a tax credit equivalent to (1) twenty-five per cent of the projected qualified rehabilitation expenditures, or (2) for rehabilitation plans submitted pursuant to subsection (e) of this section on or after June 14, 2007, thirty per cent of the projected qualified rehabilitation expenditures if (A) at least twenty per cent of the units are rental units and qualify as affordable housing, as defined in section 8-39a, or (B) at least ten per cent of the units are individual homeownership units and qualify as affordable housing, as defined in section 8-39a. No tax credit shall be allocated for the purposes of this subdivision unless an applicant has [submitted to the commission] received a certificate from the Department of Economic and Community Development pursuant to [subsections (l) and (m) of this] section 8-37lll confirming that the project complies with affordable housing requirements under section 8-39a.
(g) (1) The owner shall notify the [commission] officer that a phase of the rehabilitation has been completed at such time as an identifiable portion of a certified historic structure has been placed in service. Such portion shall not be required to include residential uses, provided the rehabilitation plan submitted pursuant to subsection (e) of this section describes the residential uses that will be part of the rehabilitation, and includes a schedule for completion of such residential uses. The owner shall provide the [commission] officer with documentation of work performed on such portion of such structure and shall submit certification of the costs incurred in such rehabilitation. The [commission] officer shall review such rehabilitation and verify its compliance with the rehabilitation plan. Following such verification, the [commission] Department of Economic and Community Development shall issue a tax credit voucher as provided in subsection (h) of this section.
(2) If the residential portion of the mixed residential and nonresidential uses described in the rehabilitation plan is not completed within the schedule outlined in such plan, the owner shall recapture one hundred per cent of the amount of the credit for which a voucher was issued pursuant to this section on the tax return required to be filed for the income year immediately succeeding the income year during which such residential portion has not been completed. The [commission] Department of Economic and Community Development, in its discretion, may provide an extension of time for completion of such residential portion, but in no event shall such extension be more than three years.
(h) Following the completion of rehabilitation of a certified historic structure in its entirety or in phases to an identifiable portion of the building, the owner shall notify the [commission] officer that such rehabilitation has been completed. The owner shall provide the [commission] officer with documentation of work performed on the certified historic structure and shall submit certification of the costs incurred in rehabilitating the certified historic structure. The [commission] officer shall review such rehabilitation and verify its compliance with the rehabilitation plan. Following such verification, the [commission] Department of Economic and Community Development shall issue a tax credit voucher to the owner rehabilitating the certified historic structure or to the taxpayer named by the owner as contributing to the rehabilitation. The tax credit voucher shall be in an amount equivalent to the lesser of the tax credit reserved upon certification of the rehabilitation plan under the provisions of subsection (f) of this section or (1) twenty-five per cent of the actual qualified rehabilitation expenditures, or (2) for projects including affordable housing pursuant to subdivision (2) of subsection (f) of this section, thirty per cent of the actual qualified rehabilitation expenditures. In order to obtain a credit against any state tax due that is specified in subsection (i) of this section, the holder of the tax credit voucher shall file the voucher with the holder's state tax return.
(i) The Commissioner of Revenue Services shall grant a tax credit to a taxpayer holding the tax credit voucher issued under subsections (e) to (j), inclusive, of this section against any tax due under chapter 207, 208, 209, 210, 211 or 212 in the amount specified in the tax credit voucher. Such taxpayer shall submit the voucher and the corresponding tax return to the Department of Revenue Services.
(j) The [commission] Department of Economic and Community Development may charge an application fee in an amount not to exceed ten thousand dollars to cover the cost of administering the program established pursuant to this section.
(k) The aggregate amount of all tax credits which may be reserved by the [Commission on Culture and Tourism] Department of Economic and Community Development upon certification of rehabilitation plans under subsections (a) to (j), inclusive, of this section shall not exceed fifty million dollars for the fiscal three-year period beginning July 1, 2008, and ending June 30, 2011, inclusive, and each fiscal three-year period thereafter. No project may receive tax credits in an amount exceeding ten per cent of such aggregate amount.
(l) On or before October 1, 2009, and annually thereafter, the [Commission on Culture and Tourism] Department of Economic and Community Development shall report the total amount of historic preservation tax credits and affordable housing tax credits reserved for the previous fiscal year under subsections (a) to (j), inclusive, of this section, to the joint standing committees of the General Assembly having cognizance of matters relating to commerce and to finance, revenue and bonding. Each such report shall include the following information for each project for which tax credit has been reserved: (1) The total project costs, (2) the value of the tax credit reservation for the purpose of historic preservation, (3) a statement whether the reservation is for mixed-use and if so, the proportion of the project that is not residential, and (4) the number of residential units to be created, and, for affordable housing reservations, the value of the reservation and percentage of residential units that will qualify as affordable housing, as defined in section 8-39a.
(m) (1) If the total amount of such tax credits reserved in the first fiscal year of a fiscal three-year period is more than sixty-five per cent of the aggregate amount of tax credits reserved under subsections (a) to (j), inclusive, of this section, then no additional reservation shall be allowed for the second fiscal year of such fiscal three-year period unless the joint standing committees of the General Assembly having cognizance of matters relating to commerce and to finance, revenue and bonding each vote separately to authorize continuance of tax credit reservations under the program.
(2) If the total amount of such credits reserved in the second year of a fiscal three-year period exceeds ninety per cent of the aggregate amount of tax credits reserved under subsections (a) to (j), inclusive, of this section, then no additional reservation shall be allowed for the third fiscal year of such fiscal three-year period unless the joint standing committees of the General Assembly having cognizance of matters relating to commerce and to finance, revenue and bonding each vote separately to authorize the continuance of tax credit reservations under the program.
(3) Any tax credit reservations issued before a suspension of additional tax credit reservations under subdivisions (1) and (2) of this subsection shall remain in place.
Sec. 123. Subsection (c) of section 32-11a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(c) The board of directors of the authority shall consist of the Commissioner of Economic and Community Development, the State Treasurer and the Secretary of the Office of Policy and Management, each serving ex officio, four members appointed by the Governor who shall be experienced in the field of financial lending or the development of commerce, trade and business and four members appointed as follows: One by the president pro tempore of the Senate, one by the minority leader of the Senate, one by the speaker of the House of Representatives and one by the minority leader of the House of Representatives. Each ex-officio member may designate a deputy or any member of the agency staff to represent the member at meetings of the authority with full powers to act and vote on the member's behalf. The chairperson of the board shall be [appointed by the Governor, with the advice and consent of both houses of the General Assembly.] the Commissioner of Economic and Community Development. The board shall annually elect one of its members as vice chairperson. Each member appointed by the Governor shall serve at the pleasure of the Governor but no longer than the term of office of the Governor or until the member's successor is appointed and qualified, whichever is longer. Each member appointed by a member of the General Assembly shall serve in accordance with the provisions of section 4-1a. Members shall receive no compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties under the authority legislation, as defined in subsection (hh) of section 32-23d. The Governor shall fill any vacancy for the unexpired term of a member appointed by the Governor. The appropriate legislative appointing authority shall fill any vacancy for the unexpired term of a member appointed by such authority. A member of the board shall be eligible for reappointment. Any member of the board may be removed by the Governor for misfeasance, malfeasance or wilful neglect of duty. Each member of the authority before entering upon his or her duties shall take and subscribe the oath or affirmation required by article XI, section 1, of the State Constitution. A record of each such oath shall be filed in the office of the Secretary of the State. Meetings of the board shall be held at such times as shall be specified in the bylaws adopted by the board and at such other time or times as the chairperson deems necessary. The board is empowered to adopt bylaws and regulations for putting into effect the provisions of said chapters and sections. Not later than November first, annually, the authority shall submit a report to the Commissioner of Economic and Community Development, the Auditors of Public Accounts and the joint standing committees of the General Assembly having cognizance of matters relating to the Department of Economic and Community Development, appropriations and capital bonding, which shall include the following information with respect to new and outstanding financial assistance provided by the authority during the twelve-month period ending on June thirtieth next preceding the date of the report for each financial assistance program administered by the authority: (1) A list of the names, addresses and locations of all recipients of such assistance, (2) for each recipient: (A) The business activities, (B) the [Standard Industrial Classification Manual] North American Industrial Classification System codes, (C) the gross revenues during the recipient's most recent fiscal year, (D) the number of employees at the time of application, (E) whether the recipient is a minority or woman-owned business, (F) a summary of the terms and conditions for the assistance, including the type and amount of state financial assistance, job creation or retention requirements, and anticipated wage rates, and (G) the amount of investments from private and other nonstate sources that have been leveraged by the assistance, (3) the economic benefit criteria used in determining which applications have been approved or disapproved, and (4) for each recipient of assistance on or after July 1, 1991, a comparison between the number of jobs to be created, the number of jobs to be retained and the average wage rates for each such category of jobs, as projected in the recipient's application, versus the actual number of jobs created, the actual number of jobs retained and the average wage rates for each such category. The report shall also indicate the actual number of full-time jobs and the actual number of part-time jobs in each such category and the benefit levels for each such subcategory. In addition, the report shall state (A) for each final application approved during the twelve-month period covered by the report, (i) the date that the final application was received by the authority, and (ii) the date of such approval; (B) for each final application withdrawn during the twelve-month period covered by the report, (i) the municipality in which the applicant is located, (ii) the [Standard Industrial Classification Manual] North American Industrial Classification System code for the applicant, (iii) the date that the final application was received by the authority, and (iv) the date of such withdrawal; (C) for each final application disapproved during the twelve-month period covered by the report, (i) the municipality in which the applicant is located, (ii) the [Standard Industrial Classification Manual] North American Industrial Classification System code for the applicant, (iii) the date that the final application was received by the authority, and (iv) the date of such disapproval; and (D) for each final application on which no action has been taken by the applicant or the agency in the twelve-month period covered by the report and for which no report has been submitted under this subsection, (i) the municipality in which the applicant is located, (ii) the [Standard Industrial Classification Manual] North American Industrial Classification System code for the applicant, and (iii) the date that the final application was received by the authority. The November first report shall include a summary of the activities of the authority, including all activities to assist small businesses and minority business enterprises, as defined in section 4a-60g, a complete operating and financial statement and recommendations for legislation to promote the purposes of the authority. The authority shall furnish such additional reports upon the written request of any such committee at such times and containing such information as the committee may request. The accounts of the authority shall be subject to annual audit by the state Auditors of Public Accounts. The authority may cause an audit of its books and accounts to be made at least once each fiscal year by certified public accountants. The powers of the authority shall be vested in and exercised by not less than six of the members of the board of directors then in office. Such number of members shall constitute a quorum and the affirmative vote of a majority of the members present at a meeting of the board shall be necessary for any action taken by the authority. No vacancy in the membership of the board shall impair the right to exercise all the rights and perform all the duties of the authority. Any action taken by the board under the provisions of said chapters and sections may be authorized by resolution at any regular or special meeting, and each such resolution shall take effect immediately and need not be published or posted. The authority shall be exempt from the provisions of section 4-9a, as amended by this act.
Sec. 124. Subsection (c) of section 32-35 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(c) The chairperson of the board shall be [appointed by the Governor, with the advice and consent of both houses of the General Assembly] the Commissioner of Economic and Community Development. The directors shall annually elect one of their number as secretary. The board may elect such other officers of the board as it deems proper. Members shall receive no compensation for the performance of their duties hereunder but shall be reimbursed for necessary expenses incurred in the performance thereof.
Sec. 125. Subsection (c) of section 7-147b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(c) The historic district study committee shall transmit copies of its report to the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, the planning commission and zoning commission, or the combined planning and zoning commission, of the municipality, if any, and, in the absence of such a planning commission, zoning commission or combined planning and zoning commission, to the chief elected official of the municipality for their comments and recommendations. In addition to such other comments and recommendations as it may make, the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development may recommend either approval, disapproval, modification, alteration or rejection of the proposed ordinance or ordinances and of the boundaries of each proposed district. Each such commission, board or individual shall deliver such comments and recommendations to the committee within sixty-five days of the date of transmission of such report. Failure to deliver such comments and recommendations shall be taken as approval of the report of the committee.
Sec. 126. Subsection (h) of section 7-147b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(h) The form of the ballot to be mailed to each owner shall be consistent with the model ballot prepared by the Historic Preservation Council of the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development established pursuant to section 10-409, as amended by this act. The ballot shall be a secret ballot and shall set the date by which such ballots shall be received by the clerk of the municipality. The ballots shall be mailed by first class mail to each owner eligible to vote in such balloting at least fifteen days in advance of the day on which ballots must be returned. Notice of balloting shall be published in the form of a legal advertisement appearing in a newspaper having a substantial circulation in the municipality at least twice, at intervals of not less than two days, the first not more than fifteen days or less than ten days and the last not less than two days before the day on which the ballots must be returned. Such ballot shall be returned to the municipal clerk, inserted in an inner envelope which shall have endorsed on the face thereof a form containing a statement as follows: "I, the undersigned, do hereby state under the penalties of false statement that I am an owner of record of real property to be included in the proposed historic district and that I am, or my predecessors in title were, liable to the municipality for taxes on an assessment of not less than one thousand dollars on the last grand list of the municipality of real property within the district, or who would be or would have been so liable if not entitled to an exemption under subdivision (7), (8), (10), (11), (13), (14), (15), (16), (17), (20), (21), (22), (23), (24), (25), (26), (29) or (49) of section 12-81." Such statement shall be signed and dated. Any person who intentionally falsely signs such ballot shall be guilty of false statement as provided in section 53a-157b. The inner envelope, in which the ballot has been inserted by the owner, shall be returned to the municipal clerk in an outer envelope endorsed on the outside with the words: "Official ballot". Such outer envelope shall also contain, in the upper left corner of the face thereof, blank spaces for the name and return address of the sender. In the lower left corner of such outer envelope, enclosed in a printed box, there shall be spaces upon which the municipal clerk, before issuance of the ballot and envelopes, shall inscribe the name, street and number of the elector's voting residence and the date by which the ballot must be returned, and before issuance the municipal clerk shall similarly inscribe such envelope with his name and address for the return thereof. All outer envelopes shall be serially numbered. The ballots shall be returned to the municipal clerk by the close of business on the day specified, and such clerk shall compare each ballot to the list of property owners to whom such ballots were mailed to insure that each such ballot has been properly signed and returned.
Sec. 127. Subsection (b) of section 8-37lll of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) The Commissioner of Economic and Community Development [, in consultation with the Commission on Culture and Tourism,] may adopt regulations, pursuant to chapter 54, for monitoring of projects that qualify for affordable housing tax credits pursuant to subsections (a) to (j), inclusive, of section 10-416b, as amended by this act, by the Department of Economic and Community Development, or by local housing authorities, municipalities, other public agencies or quasi-public agencies, as defined in section 1-120, designated by the department. Such regulations shall include provisions for ensuring that affordable units developed under subdivision (3) of subsection (e) of section 10-416b, as amended by this act, are maintained as affordable for a minimum of ten years and may require deed restrictions or other fiscal mechanisms designed to ensure compliance with project requirements.
Sec. 128. Section 3-110f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, with recommendations of the Culture and Tourism Advisory Committee, may appoint a state poet laureate.
Sec. 129. Section 3-110h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
There shall be an official state troubadour. The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development shall biennially designate a troubadour to serve in the position.
Sec. 130. Section 3-110i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Charles Edward Ives is designated as the composer of the state of Connecticut. There shall be a "Charles Edward Ives Memorial Composer Laureate of the state of Connecticut". The board of directors of the Charles Ives Center for the Arts, in consultation with the panel established under this section, may designate from time to time a composer who was born or is living in Connecticut to serve in the position of composer laureate. There is established a panel that shall meet from time to time to advise said board of directors on the designation of the composer laureate. The panel shall be comprised of eight members, one of whom shall be a representative of the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, one of whom shall be a representative of the New Haven Symphony Orchestra, one of whom shall be a representative of the Hartford Symphony Orchestra, one of whom shall be a representative of the Yale University School of Music, one of whom shall be a representative of the Hartt School of Music of The University of Hartford, one of whom shall be a representative of The Charles Ives Society, Inc., one of whom shall be a representative of The University of Connecticut through its music department, and one of whom shall be a representative of the Connecticut State University System through the music department of Western Connecticut State University. Each member of the panel shall be selected by the entity that the member represents.
Sec. 131. 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 and the president of the Board of Regents for Higher Education.
Sec. 132. Section 4-9a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The Governor shall appoint the chairperson and executive director, if any, of all boards and commissions within the Executive Department, [except the Board of Governors of Higher Education, provided the Governor shall appoint the initial chairman of said board as provided in section 10a-2,] the State Properties Review Board, the State Elections Enforcement Commission, the Commission on Human Rights and Opportunities, the Citizen's Ethics Advisory Board, and the Commission on Fire Prevention and Control.
(b) Public members shall constitute not less than one-third of the members of each board and commission within the Executive Department, except the Gaming Policy Board and the Commission on Human Rights and Opportunities. Public member means an elector of the state who has no substantial financial interest in, is not employed in or by, and is not professionally affiliated with, any industry, profession, occupation, trade or institution regulated or licensed by the relevant board or commission, and who has had no professional affiliation with any such industry, profession, occupation, trade or institution for three years preceding his appointment to the board or commission. Except as otherwise specifically provided by the general statutes, this section shall not apply to the Commission on Fire Prevention and Control, boards and commissions the membership of which is entirely composed of state department heads, elected officials or deputies appointed by such department heads or where the membership of such board or commission is determined in accordance with the provisions of any federal law.
(c) Notwithstanding any provision of law, [to the contrary,] the term of each member of each board and commission within the executive branch, except the State Board of Education, the Board of [Governors of] Regents for Higher Education, the Gaming Policy Board, the Commission on Human Rights and Opportunities, the State Elections Enforcement Commission, the State Properties Review Board, the Citizen's Ethics Advisory Board, the Commission on Medicolegal Investigations, the Psychiatric Security Review Board, the Commission on Fire Prevention and Control, the E 9-1-1 Commission, the [Connecticut Commission on] Culture and Tourism Advisory Committee, and the board of trustees of each constituent unit of the state system of higher education, commencing on or after July 1, 1979, shall be coterminous with the term of the Governor or until a successor is chosen, whichever is later.
(d) Each member of each board and commission within the executive branch shall serve at the pleasure of the appointing authority except where otherwise specifically provided by any provision of the general statutes.
Sec. 133. Subsection (a) of section 4-66aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is established, within the General Fund, a separate, nonlapsing account to be known as the "community investment account". The account shall contain any moneys required by law to be deposited in the account. The funds in the account shall be distributed every three months as follows: (1) [Twenty-five] Ten dollars of each fee credited to said account shall be deposited into the agriculture sustainability account established pursuant to section 4-66cc and, then, of the remaining funds, (2) twenty-five per cent to the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development to use as follows: (A) Two hundred thousand dollars, annually, to supplement the technical assistance and preservation activities of the Connecticut Trust for Historic Preservation, established pursuant to special act 75-93, and (B) the remainder to supplement historic preservation activities as provided in sections 10-409 to 10-415, inclusive; (2) twenty-five per cent to the Connecticut Housing Finance Authority to supplement new or existing affordable housing programs; (3) twenty-five per cent to the Department of Environmental Protection for municipal open space grants; and (4) twenty-five per cent to the Department of Agriculture to use as follows: (A) Five hundred thousand dollars annually for the agricultural viability grant program established pursuant to section 22-26j; (B) five hundred thousand dollars, annually for the farm transition program established pursuant to section 22-26k; (C) one hundred thousand dollars annually to encourage the sale of Connecticut Grown food to schools, restaurants, retailers, and other institutions and businesses in the state; (D) seventy-five thousand dollars annually for the Connecticut farm link program established pursuant to section 22-26l; [and] (E) forty-seven thousand five hundred dollars annually for the Seafood Advisory Council established pursuant to section 22-455; (F) forty-seven thousand five hundred dollars annually for the Connecticut Farm Wine Development Council established pursuant to section 22-26c; (G) twenty-five thousand dollars annually to the Connecticut Food Policy Council established pursuant to section 22-456; and (H) the remainder for farmland preservation programs pursuant to chapter 422. Each agency receiving funds under this section may use not more than ten per cent of such funds for administration of the programs for which the funds were provided.
Sec. 134. Subsections (e) and (f) of section 7-34a of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(e) In addition to the fees for recording a document under subsection (a) of this section, town clerks shall receive a fee of [thirty] forty dollars for each document recorded in the land records of the municipality. The town clerk shall retain one dollar of any fee paid pursuant to this subsection and three dollars of such fee shall become part of the general revenue of the municipality and be used to pay for local capital improvement projects, as defined in section 7-536. Not later than the fifteenth day of each month, town clerks shall remit [twenty-six] thirty-six dollars of the fees paid pursuant to this subsection during the previous calendar month to the State Treasurer. Upon deposit in the General Fund, such amount shall be credited to the [land protection, affordable housing and historic preservation] community investment account established pursuant to section 4-66aa. The provisions of this subsection shall not apply to any document recorded on the land records by an employee of the state or of a municipality in conjunction with such employee's official duties. As used in this subsection, "municipality" includes each town, consolidated town and city, city, consolidated town and borough, borough, and district, as defined in chapter 105 or 105a, any municipal corporation or department thereof created by a special act of the General Assembly, and each municipal board, commission and taxing district not previously mentioned.
[(f) Notwithstanding the provisions of subsection (e) of this section, in addition to the fees for recording a document under subsection (a) of this section, from July 1, 2009, until July 1, 2011, town clerks shall receive a fee of forty dollars for each document recorded in the land records of the municipality. The town clerk shall retain one dollar of any fee paid pursuant to this subsection and three dollars of such fee shall become part of the general revenue of the municipality and be used to pay for local capital improvement projects, as defined in section 7-536. Not later than the fifteenth day of each month, from July 1, 2009, until July 1, 2011, town clerks shall remit thirty-six dollars of the fees paid pursuant to this subsection during the previous calendar month to the State Treasurer. Upon deposit in the General Fund, such amount shall be credited to the community investment account established pursuant to section 4-66aa. The provisions of this subsection shall not apply to any document recorded on the land records by an employee of the state or of a municipality in conjunction with such employee's official duties. As used in this subsection, "municipality" includes each town, consolidated town and city, city, consolidated town and borough, borough, and district, as defined in chapter 105 or 105a, any municipal corporation or department thereof created by a special act of the General Assembly, and each municipal board, commission and taxing district not previously mentioned.]
Sec. 135. Section 30 of public act 09-229 is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) For purposes of this section:
(1) "Federal pay price" means the northeast monthly uniform price for milk at Hartford zone pursuant to the United States Department of Agriculture Northeast Federal Milk Marketing Order;
(2) "Milk producer" means a person, firm or corporation registered pursuant to section 22-172 of the general statutes; and
(3) "Minimum sustainable monthly cost of production" means eighty-two per cent of the baseline determined by the United States Department of Agriculture's Economic Research Service monthly average cost of production for a New England state or, if such baseline is unavailable, a baseline determined by the Commissioner of Agriculture that is based on the data and variables published by the United States Department of Agriculture.
(b) (1) Commencing on the date the first deposit is made into the agricultural sustainability account established pursuant to section [29 of this act] 4-66cc of the general statutes and subject to subdivisions (2) and (3) of this subsection, a milk producer shall be entitled to a grant as specified in this subsection. For each month that the federal pay price is below the minimum sustainable monthly cost of production, the milk producer shall be entitled to an amount equal to the dollar amount such federal pay price was below the minimum sustainable monthly cost of production, multiplied by the amount of milk produced by such milk producer during such month. The Commissioner of Agriculture shall make such grants to such milk producers on a quarterly basis, beginning on the date three months after the first deposit is made into the agricultural sustainability account established pursuant to section [29 of this act] 4-66cc of the general statutes. Such grant payments shall be made by the commissioner from said account. In the event the amount of available funds in said account at the time such quarterly grants are due is less than the aggregate amount of grants to which producers are entitled pursuant to this section, the commissioner shall distribute all of the funds in the account to such milk producers on a proportionate basis based on their relative levels of milk production.
(2) For purposes of calculating a grant due a milk producer pursuant to subdivision (1) of this subsection, each milk producer or handler, as defined in section 22-127 of the general statutes, who receives milk from producers in the state, shall file with the Commissioner of Agriculture, in such form and at such times as said commissioner shall direct, information as to the amount of milk produced by each producer.
(3) Prior to receiving a grant pursuant to subdivision (1) of this subsection, a milk producer shall file with the Commissioner of Agriculture, in such form and at such times as said commissioner shall direct, proof that such milk producer has completed an energy audit, as defined in section 16a-38 of the general statutes.
[(c) The provisions of this section shall terminate July 1, 2011.]
Sec. 136. Subsection (e) of section 4-89 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(e) The provisions of this section shall not apply to appropriations for Department of Transportation equipment, the highway and planning research program administered by the Department of Transportation, Department of Environmental Protection equipment or the purchase of public transportation equipment, the minor capital improvement account in the Department of Public Works, the litigation/settlement account in the Office of Policy and Management, library or educational equipment for the constituent units of the state system of higher education, or library or educational materials for the State Library, or the state-wide tourism marketing account of the [Commission on Culture and Tourism] Department of Economic and Community Development. Such appropriations shall not lapse until the end of the fiscal year succeeding the fiscal year of the appropriation, provided an obligation to spend such funds has been incurred in the next preceding fiscal year, except that for the purposes of library or educational equipment or materials, such funds shall not exceed twenty-five per cent of the amount of the appropriation for such purposes.
Sec. 137. Section 4b-53 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) For purposes of this section, the following terms have the following meanings: "State building" means any building or facility owned or leased by the state of Connecticut and open to the public or intended for such use, exclusive of any shed, warehouse, garage, building of a temporary nature or building located on the grounds of a correctional institution; "proposal development expenses" means the cost of preparing a detailed drawing, model or plan as determined by the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development; and "work of art" means art work which is to be an integrated part of such state building, including but not limited to, fresco, mosaic, sculpture and other architectural embellishment or functional art created by a professional artist, artisan or craftsperson, and any work of visual art which is not to be an integrated part of such state building, including but not limited to, a drawing, painting, sculpture, mosaic, photograph, work of calligraphy or work of graphic art or mixed media. Work of art as used in this section shall not include landscape architecture or landscape gardening.
(b) The State Bond Commission, in the allocation of proceeds of state bonds for purposes of construction, reconstruction or remodeling of any state building, shall allocate for works of art, with respect to each such project and for the purposes of subsection (c) of this section, an amount from such proceeds not less than one per cent of the total estimated cost of such construction, reconstruction or remodeling, exclusive of (1) the cost of any land acquisition, (2) any nonconstruction costs including the cost of such work of art, and (3) any augmentations to such cost, provided any such allocation for work of art as provided in this section must be approved, prior to authorization of such allocation by the State Bond Commission, by the Commissioner of Public Works in consultation with the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development. Such allocation may be used to reimburse any artist, artisan, craftsperson or person who creates a work of art, for proposal development expenses when the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development requests such proposal development or to compensate persons who, at the request of the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development determine whether such works of art require proposal development.
(c) There is established within the General Fund a state building works of art account, which shall be a separate, nonlapsing account. The moneys within said account shall be used (1) for the purchase of works of art from distinguished Connecticut artists, which shall be placed on public view in state buildings, (2) to establish a bank of major works of art, from which individual works of art may be circulated among state buildings, public art museums and nonprofit galleries, and (3) for repair of all works acquired under this section. The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, in consultation with the Commissioner of Public Works, shall adopt regulations in accordance with the provisions of chapter 54, which shall (A) indicate the portion of the one per cent allocation under subsection (b) of this section, up to one quarter of such allocation, which shall be deposited in the General Fund and credited to said account, (B) set forth the manner in which the moneys in said account shall be allocated and expended for the purposes of this subsection, and (C) establish procedures to ensure accountability in maintaining the integrity of such bank of works of art.
(d) There is established a subaccount within the state buildings works of art account, established pursuant to subsection (c) of this section, to be known as the "maintenance account" to be used solely for the conservation, repair and cleaning of artworks commissioned and purchased for state buildings pursuant to this section. The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development shall determine what percentage of the one per cent allocation pursuant to subsection (b) of this section, up to ten per cent of such allocation, to credit to said subaccount.
(e) The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development shall, with respect to a work of art in any project under subsection (b) of this section, be responsible for the selection of any artist, artisan or craftsperson, review of any design or plan, and execution, completion, acceptance and placement of such work of art, provided any work of art to be located in any building under the supervision, security, utilization and control of the Joint Committee on Legislative Management shall be approved by said committee. The Commissioner of Public Works, in consultation with said [commission] department, (1) shall be responsible for the contractual arrangements with any such artist, artisan or craftsperson, and (2) shall adopt regulations concerning implementation of the purposes of subsection (b) of this section and this subsection.
Sec. 138. Subsection (a) of section 4b-60 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There shall be a State Commission on Capitol Preservation and Restoration to consist of twelve members to be appointed as follows: Two members shall be appointed by the Governor, two by the speaker of the House of Representatives, two by the president pro tempore of the Senate, one by the House minority leader, one by the Senate minority leader, two members of the Joint Committee on Legislative Management, one appointed by each of the chairmen of said committee, and one member of the [Connecticut Commission on Culture and Tourism] Cultural and Tourism Advisory Committee appointed by its [chairman] chairperson. The Commissioner of Public Works, or the commissioner's designee, shall be an ex-officio member of the commission and shall attend its meetings. Vacancies on the commission shall be filled by the original appointing authority for the unexpired portion of the term. The members shall serve without compensation for their services but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. The commission shall meet at least quarterly, and more often on the call of the chairman or on the written request of a majority of the members. The commission may designate subcommittees to carry out its functions. Any member who fails to attend three consecutive meetings or fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned.
Sec. 139. Section 4b-64 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Each state department, institution or agency intending to dispose of, demolish or transfer ownership of any structure more than fifty years old shall notify the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development of such intent ninety days before the disposition, demolition or transfer. The department, institution or agency, not more than one hundred twenty days and not less than thirty days before such disposition, demolition or transfer, shall publish notice of its intent three times in a newspaper of general circulation in the municipality in which such structure is located and shall post a sign stating its intent in a conspicuous place on the property on which such structure is located not less than thirty days before the disposition, demolition or transfer.
Sec. 140. Subsection (a) of section 4b-66a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is established a Connecticut Capitol Center Commission. The commission shall consist of (1) the Secretary of the Office of Policy and Management, or the secretary's designee; (2) the Commissioner of Public Works, or the commissioner's designee; (3) the Commissioner of Economic and Community Development, or the commissioner's designee; (4) the [executive director of the Connecticut Commission on Culture and Tourism] chairperson of the Culture and Tourism Advisory Committee, or the [executive director's] chairperson's designee; (5) one member appointed by the speaker of the House of Representatives; (6) one member appointed by the president pro tempore of the Senate; (7) one member appointed by the majority leader of the House of Representatives; (8) one member appointed by the majority leader of the Senate; (9) one member appointed by the minority leader of the House of Representatives; (10) one member appointed by the minority leader of the Senate; (11) the chairperson of the Hartford Commission on the City Plan; (12) one member appointed by the mayor of the city of Hartford; and (13) one member from the South Downtown Neighborhood Revitalization Committee.
Sec. 141. Subsection (cc) of section 5-198 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(cc) The director for digital media and motion picture activities in the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development.
Sec. 142. Subsection (b) of section 7-147a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) Any municipality may, by vote of its legislative body and in conformance with the standards and criteria formulated by the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, establish within its confines an historic district or districts to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of the distinctive characteristics of buildings and places associated with the history of or indicative of a period or style of architecture of the municipality, of the state or of the nation.
Sec. 143. Subsection (g) of section 7-147c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(g) A copy of any ordinance creating an historic district adopted under authority of this part, amendments to any such ordinance, maps of any districts created under this part, annual reports and other publications of the historic district commission and the roster of membership of such commission shall be transmitted to the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development. The historic district commission shall also file with the [Connecticut Commission on Culture and Tourism] department at least once every year a brief summary of its actions during that year, including a statement of the number and nature of certificates of appropriateness issued, any changes in the membership of the commission and any other information deemed appropriate by the historic district commission.
Sec. 144. Subsection (b) of section 7-147j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) If a building in an historic district is to be demolished, no demolition shall occur for ninety days from issuance of a demolition permit if during such time the historic district commission or the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development is attempting to find a purchaser who will retain or remove such building or who will present some other reasonable alternative to demolition. During such ninety-day period the municipality may abate all real property taxes. At the conclusion of such ninety-day period, the demolition permit shall become effective and the demolition may occur. Nothing in this section shall be construed to mandate that the owner of such property sell such property or building.
Sec. 145. Subsection (b) of section 7-147p of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) Any municipality may, by ordinance and in conformance with the standards and criteria formulated by the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, designate within its confines an historic property or properties to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of the distinctive characteristics of individual buildings and places associated with the history of or indicative of a period or style of architecture of the municipality, of the state or of the nation.
Sec. 146. Subsection (c) of section 7-147q of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(c) The historic properties study committee shall transmit copies of its report to the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, the planning commission and zoning commission, or the combined planning and zoning commission, of the municipality, if any, and, in the absence of such a planning commission, zoning commission or combined planning and zoning commission, to the chief elected official of the municipality for their comments and recommendations. In addition to such other comments and recommendations as it may make, the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development may recommend either approval, disapproval, modification, alteration or rejection of the proposed ordinance or ordinances and of the boundaries of each proposed historic property. Each such commission, board or individual shall deliver such comments and recommendations to the committee within sixty-five days of the date of transmission of such report. Failure to deliver such comments and recommendations shall be taken as approval of the report of the committee.
Sec. 147. Subsection (b) of section 7-147y of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) If a building within the boundaries of an historic property is to be demolished, no demolition shall occur for ninety days from issuance of a demolition permit if during such time the historic properties commission or the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development is attempting to find a purchaser who will retain or remove such building or who will present some other reasonable alternative to demolition. During such ninety-day period the municipality may abate all real property taxes. At the conclusion of such ninety-day period, the demolition permit shall become effective and the demolition may occur. Nothing in this section shall be construed to mandate that the owner of such property is under any obligation to sell such property or building.
Sec. 148. Section 10-382 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
There is established a Native American Heritage Advisory Council to evaluate and make recommendations on the Native American heritage to the State Archaeologist and the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development. Such council shall consist of the following members: One representing each of the following Indian tribes, appointed by the tribe: The Schaghticoke, the Paucatuck Eastern Pequot, the Mashantucket Pequot, the Mohegan and the Golden Hill Paugussett; one representing the Indian Affairs Council, appointed by the chairperson of the council; one representing the Commissioner of Environmental Protection, appointed by said commissioner; one representing the Archaeological Society of Connecticut, appointed by the president pro tempore of the Senate; and three who are knowledgeable in Native American history, traditions and archaeology, one appointed by the speaker of the House of Representatives, one appointed by the minority leader of the House of Representatives and one appointed by the minority leader of the Senate.
Sec. 149. Section 10-384 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, with the concurrence of the State Archaeologist, may examine sites and lands to determine if such sites or lands are of state or national archaeological importance and meet all the requirements for listing on the National Register (16 USC 470a) or the state register of historic places defined in section 10-410, as amended by this act. Upon determination that any site or land investigated is of state or national archaeological importance, the [commission] department may declare such site or land to be a state archaeological preserve, provided (1) each property owner of any private site or land proposed for designation has been informed of the implications of the designation and consented in writing to such designation, (2) the state agency with custody or control of any public land has been notified in writing of the proposed designation and (3) written recommendations on the proposal have been sent to the [commission] department by the State Archaeologist and, if there is evidence of Native American activity, the Native American Heritage Advisory Council established pursuant to section 10-382, as amended by this act. The [commission] department shall cause notice of such designation to be filed on the land records in the town where such preserve is located.
Sec. 150. Subsection (a) of section 10-385 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development shall adopt regulations in accordance with the provisions of chapter 54 for the establishment, care, use and management of sites or lands designated as state archaeological preserves pursuant to section 10-384, as amended by this act.
Sec. 151. Section 10-386 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) No person may conduct an archaeological investigation on state lands or on a state archaeological preserve without a permit from the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development. Any such permit shall be issued with the concurrence of the State Archaeologist. The applicant shall submit an application on such form as the [commission] department may prescribe and with such information as the [commission] department, after consultation with the State Archaeologist and the advisory council established pursuant to section 10-382, as amended by this act, deems necessary, including, but not limited to, the time, scope, location and specific purpose of the proposed research. The applicant shall submit (1) evidence satisfactory to the [commission] department of qualifications to perform the excavation, including evidence of experience, training and knowledge; (2) an excavation plan for the site satisfactory to the [commission] department which includes provisions on the method of excavation and (3) a written statement that upon completion of the excavation the applicant shall submit a report of the investigation which shall include a description of archaeological artifacts discovered and relevant maps, documents, drawings and photographs. No permit shall be issued for an investigation that would disturb a known Native American cemetery, burial site or other sacred site without the review of the advisory council established pursuant to section 10-382, as amended by this act. Failure to comply with the terms of a permit issued under this section shall be grounds to deny a subsequent permit.
(b) The [commission] department shall adopt regulations in accordance with the provisions of chapter 54 establishing procedures for the issuance of permits required under this section. Such regulations shall be developed with the concurrence of the State Archaeologist.
(c) Notwithstanding the provisions of this section, the [commission] department, in consultation with the State Archaeologist, may authorize an archaeological investigation without a permit if time for investigation is limited.
(d) The applicant shall pay the cost of reburial of any human skeletal remains discovered in accordance with the terms and conditions of a permit issued under this section.
Sec. 152. Section 10-387 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Each state department, institution and agency shall review, in consultation with the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, their policies and practices for consistency with the preservation and study of the state's archaeological sites and sacred lands and sites. Such review shall include preparation of an evaluation document which specifies projects and programs requiring detailed consultation to identify and protect archaeological sites and sacred lands and sites. Any project submitted to the [commission] department for review under the provisions of sections 22a-1a to 22a-1f, inclusive, is exempt from the provisions of this section.
Sec. 153. Section 10-388 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Any person who knows or reasonably believes that any human burials or human skeletal remains are being or about to be disturbed, destroyed, defaced, removed or exposed shall immediately notify the Chief Medical Examiner and State Archaeologist of such fact. If human burials or human skeletal remains are encountered during construction or agricultural, archaeological or other activity that might alter, destroy or otherwise impair the integrity of such burials or remains, the activity shall cease and not resume unless authorized by the Chief Medical Examiner and the State Archaeologist provided such authorization shall be made within five days of completion of the investigation of the Chief Medical Examiner pursuant to subsection (b) of this section.
(b) After notification under subsection (a) of this section, the Chief Medical Examiner shall determine if the remains represent a human death required to be investigated under section 19a-406. After completion of his investigation, if the Chief Medical Examiner determines that the remains may be the remains of a Native American or were found in the subsurface and buried for more than fifty years, the Chief Medical Examiner shall notify the State Archaeologist of such fact. The State Archaeologist, upon such notification, shall in consultation with the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, the Native American Heritage Advisory Council, established under section 10-382, as amended by this act, the Commissioner of Environmental Protection, and the landowner determine, within seventy-two hours, if the site where such remains were discovered can be preserved in situ and protected by a preservation restriction as defined in section 47-42a.
(c) If in situ preservation is not prudent and feasible or not agreed to by the landowner, the State Archaeologist, upon consultation with the landowner and, if appropriate, the Native American Heritage Advisory Council, the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, and the Commissioner of Environmental Protection shall, if feasible, provide for removal and reburial of the remains at another location or for additional archaeological investigations and scientific analysis prior to reburial. Any excavation and recovery of remains by the State Archaeologist shall be completed not more than five business days after notification by the Chief Medical Examiner under this section unless the landowner consents to additional days.
(d) Human skeletal remains discovered during archaeological investigation shall be excavated under the supervision of the State Archaeologist, pursuant to a written agreement between the State Archaeologist and the holder of the permit specifying the excavation, methods to be used and data to be collected. Due care shall be exercised during excavation, subsequent transport and storage of skeletal remains to insure that the sacred meanings of the remains for Native Americans are respected and protected.
(e) The provisions of this section shall not be construed to require the owner of private lands on which human skeletal remains are found to pay the costs of excavation, removal analysis or reburial of such remains.
Sec. 154. Subsection (a) of section 10-389 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Notwithstanding the provisions of sections 7-67 and 7-69, the State Archaeologist, in consultation with the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, the Native American Heritage Advisory Council established under section 10-382, as amended by this act, the Commissioner of Environmental Protection and the archaeological community, shall adopt regulations in accordance with the provisions of chapter 54 establishing procedures for the storage, analysis and reburial of human skeletal remains discovered during an archaeological investigation.
Sec. 155. Section 10-391 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
On or before January 1, 1991, the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, in consultation with the State Archaeologist, the Native American Heritage Advisory Council established under section 10-382, as amended by this act, and the Commissioner of Environmental Protection, shall develop procedures to inventory Native American burial sites and cemeteries. Such procedures shall provide for the availability of the inventory to state agencies, departments and institutions.
Sec. 156. Section 10-395 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
There is established an account within the General Fund to be known as the ["Connecticut Commission on Culture and Tourism] "culture and tourism account". The account shall contain all moneys required by law to be deposited in the account. [, including moneys received pursuant to section 10-398.]
Sec. 157. Section 10-425 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) [Not later than October 1, 2008, the executive director of the Connecticut Commission on Culture and Tourism] The Commissioner of Economic and Community Development shall establish a Sports Advisory Board within the [commission] department that shall advise the [executive director] commissioner on the most effective ways to utilize state resources to promote, attract and market in-state professional and amateur sports and sporting events. Such board shall also advise the [executive director] commissioner on ways to coordinate the use of state-owned facilities in order to enhance sports-related tourism in the state and develop methods for the dissemination of information concerning in-state professional and amateur sports and sporting events to residents of the state and the northeast.
(b) Such advisory board shall consist of one member from each of the following entities: (1) The University of Connecticut's Athletic Department; (2) the Connecticut State University System's Athletic Department; (3) the XL Center; (4) Northland AEG; (5) the Traveler's Championship Golf Tournament; (6) the Pilot Pen Tennis Tournament; (7) the Special Olympics; (8) the Mohegan Sun Arena; (9) Foxwoods Resort Casino; (10) Lime Rock Park Race Track; (11) the Arena at Harbor Yard; (12) New Britain Stadium; (13) the Connecticut Marine Trades Association; (14) the Office of Policy and Management; (15) the [Department of Economic and Community Development] Culture and Tourism Advisory Committee; (16) the Capital City Economic Development Authority; (17) the Nutmeg State Games; (18) the Connecticut Interscholastic Athletic Conference; (19) Fairfield University; (20) Quinnipiac University; (21) Sacred Heart University; (22) any other entity involved in sports or sporting events that the executive director deems appropriate; (23) the Connecticut State Golf Association; and (24) Dodd Stadium.
(c) The first meeting of the Sports Advisory Board shall convene not later than November 15, 2008, and the advisory board shall meet not less than once per calendar quarter thereafter. The advisory board shall provide any recommendations of the advisory board to the [executive director] commissioner not later than thirty days after any such meeting.
(d) The members of the advisory board may select a chairperson from among its membership who shall be responsible for the scheduling and conducting of any such meeting.
(e) The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development shall provide staff support to the board.
(f) Not later than thirty days prior to each regular session of the General Assembly, the [executive director of the Connecticut Commission on Culture and Tourism] Commissioner of Economic and Community Development shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to commerce that includes information on the status of the Sports Advisory Board's activities, the implementation of any recommendations of such advisory board and any legislative proposals related to such recommendations.
Sec. 158. Subsection (b) of section 10a-111a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) The State Historian shall: (1) Be a member of the [Connecticut Commission on Culture and Tourism, established pursuant to section 10-392] Culture and Tourism Advisory Committee, established pursuant to section 10-393, as amended by this act, (2) edit or supervise the editing and publication of the public records of the state, (3) provide information and advice to members of the government at all levels, (4) assist the State Board of Education in efforts to promote the teaching of history in schools and teacher preparation programs, (5) respond to requests for advice from historical societies, (6) respond to requests for information on the state's history, (7) make public appearances and addresses on the state's history, (8) prepare bibliographies and other research aids relating to the history of the state, and (9) promote by appropriate informative and educational programs the celebration or commemoration of significant historical events.
Sec. 159. Subsection (b) of section 10a-112 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) The Board of Directors of the State Museum of Natural History shall appoint a State Archaeologist and staff for the Office of Archaeology established pursuant to section 10a-112a. The State Archaeologist shall have the following powers and duties: (1) To supervise the care and study of the archaeological collection of the State Museum of Natural History; (2) to coordinate (A) the archaeological salvage of properties threatened with destruction, (B) public and private archaeological research and the encouragement of the highest possible standards in archaeological investigations, and (C) the preservation of native American and other human osteological remains and cemeteries with the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, the Office of the Chief Medical Examiner, the Indian Affairs Council and other state agencies; (3) to conduct research on the state's prehistory and history and disseminate the results of such research through publications and other means; (4) to educate the public about the significance and fragility of archaeological resources; (5) to respond to inquiries about the state's archaeological resources; and (6) to maintain comprehensive site files and maps.
Sec. 160. Subsection (a) of section 10a-112b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The Board of Directors of the State Museum of Natural History shall consist of the following: The Commissioners of Education, Environmental Protection, Economic and Community Development and Agriculture or their designees [, the director of the Connecticut Commission on Culture and Tourism, or his designee] and not more than eleven members appointed by the president of The University of Connecticut, of which seven shall be professors, at least one from each of the following fields: Anthropology or archaeology, geology, vertebrate biology, invertebrate biology, botany, systematic biology and any other field the president deems appropriate. The terms of one-third of the initial appointments shall expire one year after the date of such appointment; the terms of one-third shall expire two years after the date of such appointment and the terms of one-third shall expire three years after the date of such appointment. The president shall appoint members to succeed members whose terms expire. Such members shall serve for a term of three years. Members shall be eligible for reappointment.
Sec. 161. Subsection (b) of section 10a-112g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) There is established an advisory committee to advise the president of The University of Connecticut with respect to the policies, collections, programs, activities and operations of the State Museum of Art. The advisory committee shall consist of eleven members as follows: The Commissioner of Education and the Commissioner of Higher Education, or their designees; two members of the [Connecticut Commission on Culture and Tourism] Culture and Tourism Advisory Committee appointed by [said commission] the Commissioner of Economic and Community Development; and seven persons nominated by the president of The University of Connecticut and appointed by the Governor, one of whom shall be a member of the board of trustees of the university, one of whom shall be an alumnus of the university and five of whom shall be private citizens representing various geographic areas of the state and widely known for their knowledge, competence and experience in connection with the visual arts. The advisory committee shall elect a member who is a private citizen as its chairperson.
Sec. 162. Subsection (b) of section 11-6a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) There is established an advisory committee to advise the State Library Board with respect to the policies, collections, programs, activities and operations of the Raymond E. Baldwin Museum of Connecticut History and Heritage. The advisory committee shall consist of eight members as follows: The executive director of the [Connecticut Commission on] Culture and Tourism Advisory Committee; the executive director of the Connecticut Historical Society; the State Historian; and five persons appointed by the Governor, three of whom shall be experienced museum professionals.
Sec. 163. Section 12-376d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There shall be allowed a credit against any tax due under this chapter with respect to the estate of any decedent who produced a work of art, as defined in this section, which the beneficiaries and the fiduciary of such decedent's estate agree to transfer to the state of Connecticut if the state accepts such work, for use as an object of visual, artistic and educational display, in exchange for a credit against the succession tax applicable to the net taxable estate of such decedent. Such tax credit shall be in an amount equivalent to the fair market value of such work of art, as determined in accordance with subsection (c) of this section, provided (1) the advisory panel established under subsection (b) of this section, for purposes of certain determinations related to any such tax credit, certifies that, in the opinion of a majority of its members, such work of art should be appraised in accordance with subsection (c) of this section and subsequently certifies that, in the opinion of a majority of its members, such work of art should be accepted by the state in exchange for such tax credit as provided in this section and (2) the maximum total amount of all such tax credits which may be allowed in any single fiscal year, commencing July 1, 1987 and thereafter, whether there is one such credit in such year or more than one, shall be two hundred thousand dollars. If the fair market value of any such work of art so accepted by the state is less than the total amount of tax due with respect to the estate, tax credit shall be allowed in reduction of the amount of the total tax due. If such fair market value is in excess of the total tax due, and the fiduciary and beneficiaries of the estate approve the transfer of such work of art to the state for purposes of such tax credit, such fair market value shall be applied in payment of the entire amount of tax due and the excess of such fair market value over the amount of tax due shall, in effect, be a gift to the state. For purposes of this section a "work of art" means any work of visual art, including but not limited to, a drawing, painting, sculpture, mosaic, photograph, work of calligraphy or work of graphic art, and as the term "work of art" is used in this section it may include a single work of any such art or more than one item of such work.
(b) There shall be appointed, as part of the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development, an advisory panel to consider the proposed acceptance of any such work of art. The advisory panel shall prepare a written statement as to acceptance or rejection of any such work of art for the purposes of this section. In each instance said panel shall consist of eleven members, including the [executive director of the Connecticut Commission on Culture and Tourism] chairperson of the Culture and Tourism Advisory Committee and two generally acknowledged experts as to the particular type of visual art work under consideration, as determined by said [executive director] chairperson, with such appointments to be made by said [executive director] chairperson and approved by the [Connecticut Commission on Culture and Tourism] Culture and Tourism Advisory Committee. In addition said advisory panel shall include eight members of the General Assembly, with two of such members appointed by the president pro tempore of the Senate, one of such members appointed by the majority leader of the Senate, one of such members appointed by the minority leader of the Senate, two of such members appointed by the speaker of the House of Representatives, one of such members appointed by the majority leader of the House of Representatives and one of such members appointed by the minority leader of the House of Representatives.
(c) The advisory panel appointed as provided in subsection (b) of this section shall contract with two professional appraisers possessing experience related to the type of appraisal necessary for purposes of the work of art proposed for acceptance. Each appraiser so employed shall conduct an independent appraisal of such work of art and submit findings as to the fair market value thereof to the advisory panel. Members of the advisory panel shall receive no compensation for their service as such but shall be reimbursed for their necessary expenses incurred in the performance of their duties.
(d) If the advisory panel approves the acceptance of a work of art for purposes of such tax credit, the [executive director of the Connecticut Commission on Culture and Tourism] Commissioner of Economic and Community Development shall submit notification in writing of such approval to the Commissioner of Revenue Services, including all relevant documentation concerning such approval and the amount of tax credit to be allowed. The [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development is authorized by this section to accept such work of art on behalf of the state and make whatever arrangements may be necessary with other agencies of the state for the care and display of such work of art.
Sec. 164. Subsection (b) of section 13a-252 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) All expense of maintenance, repairs and operation of said ferries shall be paid by the Comptroller on vouchers of the commissioner. The commissioner shall include in his report to the General Assembly a report of the receipts and expenditures incidental to the control and maintenance of said ferries. Said Rocky Hill ferry shall be maintained as a state historic structure and shall be so marked with an appropriate plaque by the commissioner in cooperation with the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development.
Sec. 165. Section 19a-315b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
No grave marker within any cemetery or burial place shall be destroyed, injured or removed except in accordance with the provisions of either this section or section 19a-315c, as amended by this act. Any such grave marker may be removed for the purpose of reproduction, preservation or display in an accredited museum upon (1) (A) the consent of the owner of the burial rights for the lot in which such grave marker is placed or the consent of a lineal descendant of the deceased, whose qualifications for giving such consent shall be determined by the burial ground authority, or (B) if such owner or qualified lineal descendant is unknown or does not respond within thirty days to a request for consent sent by registered or certified mail to such person's last known address, with the consent of the burial ground authority, and (2) the order of the probate court for the district in which such burial lot is located. Upon written application of such consenting owner, qualified lineal descendant or burial ground authority, the probate court may, after a hearing, with notice of such hearing having been given to the burial ground authority, the owner, the qualified lineal descendant, the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development and otherwise as the court deems appropriate, order the removal of such grave marker if it finds that such removal is necessary or desirable for the protection and preservation of such grave marker.
Sec. 166. Section 19a-315c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Notwithstanding the provisions of section 19a-315b, as amended by this act, a burial ground authority shall have the right to properly maintain an ancient burial place, cemetery or burial place, which right shall include: (1) Repair, rehabilitation, repositioning or resetting of grave markers in accordance with the rules and regulations of the burial ground authority; and (2) the renovation of the ancient burial place, cemetery or burial place as a whole.
(b) For purposes of subsection (a), no renovation of an ancient burial place, cemetery or burial place as a whole may be commenced until after: (1) The burial ground authority has conspicuously posted within the ancient burial place, cemetery or burial place, for a period of not less than ninety days, a notice that such renovation shall take place; and (2) the burial ground authority, at least ninety days before commencing a renovation, has provided written notice to the probate court having jurisdiction over the location of the burial place and to the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development. Such notice to the probate court shall describe the renovation plans and include photographs of any area or grave marker involved.
(c) Following the notice period provided for in subsection (b) of this section, and subject to the provisions of subsection (d) of this section, a burial ground authority may renovate an ancient burial place, cemetery or burial place by: (1) The removal of any or all fencing, railing or curbing, if such removal is determined by the burial ground authority to be necessary or desirable for the proper and efficient maintenance of the ancient burial place, cemetery or burial place as a whole; and (2) the repositioning or resetting of any monument or tombstone.
(d) At any time prior to the expiration of the notice period provided for in subsection (b) of this section, the probate court may assume jurisdiction over such renovation and order a hearing, with notice of such hearing to be given to the burial ground authority, the owner, the qualified lineal descendant, the [Connecticut Commission on Culture and Tourism] Department of Economic and Community Development and otherwise as the court deems appropriate, to determine whether such renovation is necessary for the proper and efficient maintenance of the ancient burial place, cemetery or burial place as a whole. Upon notice of such hearing, the burial ground authority shall not proceed with such renovation except in accordance with the order of the probate court.
Sec. 167. Subsection (a) of section 22a-1d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Environmental impact evaluations and a summary thereof, including any negative findings shall be submitted for comment and review to the Council on Environmental Quality, the Department of Environmental Protection, [the Connecticut Commission on Culture and Tourism,] the Office of Policy and Management, the Department of Economic and Community Development in the case of a proposed action that affects existing housing, and other appropriate agencies, and to the town clerk of each municipality affected thereby, and shall be made available to the public for inspection and comment at the same time. The sponsoring agency shall publish forthwith a notice of the availability of its environmental impact evaluation and summary in a newspaper of general circulation in the municipality at least once a week for three consecutive weeks and in the Environmental Monitor. The sponsoring agency preparing an environmental impact evaluation shall hold a public hearing on the evaluation if twenty-five persons or an association having not less than twenty-five persons requests such a hearing within ten days of the publication of the notice in the Environmental Monitor.
Sec. 168. Section 22a-19b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The provisions of section 22a-19a shall not apply to any property or structure, or any portion thereof, that was first listed on the state register of historic places during the month of March, 2001, if (1) the owner of such property or structure delivers or has delivered to the [director of the Connecticut Commission on Culture and Tourism] Commissioner of Economic and Community Development and to the State Historic Preservation Officer a written and notarized objection to the listing of such property or structure on the National Register of Historic Places that certifies the person's ownership of such property or structure, and (2) such objection has not been withdrawn or rescinded by the owner's written and notarized notice of withdrawal or rescission of objection.
Sec. 169. Section 22a-27s of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is established the Face of Connecticut Steering Committee, which shall be within the Department of Environmental Protection for administrative purposes only. Such committee shall direct the expenditure of any funds deposited in the Face of Connecticut account created under section 22a-27t. The committee shall consist of the Commissioner of Environmental Protection, the Commissioner of Economic and Community Development, or the commissioner's designee, the Commissioner of Agriculture, the [executive director of the Connecticut Commission on Culture and Tourism] chairperson of the Culture and Tourism Advisory Committee, the Secretary of the Office of Policy and Management and ten members as follows: (1) A representative of a local organization involved in historic preservation, appointed by the speaker of the House of Representatives; (2) a representative of a nonprofit organization involved in farmland preservation, appointed by the president pro tempore of the Senate; (3) a representative of a local or regional nonprofit organization involved in the preservation of open space, appointed by the majority leader of the House of Representatives; (4) a representative of a water company actively involved in land preservation, appointed by the majority leader of the Senate; (5) a representative of the agricultural industry, appointed by the minority leader of the House of Representatives; (6) a representative of a state-wide nonprofit involved in the preservation of open space, appointed by the minority leader of the Senate; (7) a representative of a state-wide nonprofit organization involved in historic preservation, appointed by the Governor; (8) a representative of an organization involved with community redevelopment, appointed by the Governor; (9) a representative of the legislative Brownfields Task Force, appointed by the speaker of the House of Representatives; and (10) a representative of the environmental law section of the Connecticut Bar Association who is involved with brownfields remediation, appointed by the president pro tempore of the Senate.
(b) All initial appointments to the committee shall be made not later than September 1, 2008. The term of each appointed member of the steering committee shall be coterminous with the term of the appointing authority or until a successor is chosen, whichever is later. The Commissioner of Environmental Protection shall serve as the chairperson of the committee for the two years following the appointment of the committee, followed first by the Commissioner of Agriculture for two years [and subsequently by the executive director of the Connecticut Commission on Culture and Tourism for two years] and subsequently by the Commissioner of Economic and Community Development or said commissioner's designee for two years. Such rotation shall repeat every two years thereafter in the order specified in this subsection, except that if there is a vacancy in one of said positions, one of the other commissioners or the executive director may serve as chairperson until the vacancy is filled.
(c) The committee shall meet quarterly.
Sec. 170. Subsection (c) of section 25-102qq of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(c) If the commissioner undertakes to establish such a program, he shall establish a River Protection Advisory Committee to assist him in developing the river protection program. The committee shall consist of the following members whose terms shall expire on October 1, 1992: (1) The Commissioners of Public Health, Transportation, Economic and Community Development and Agriculture, the Secretary of the Office of Policy and Management [, the director of the Connecticut Commission on Culture and Tourism,] and the State Archaeologist, or their designees; and (2) two members representing the business community, two members representing public service companies, seven members representing environmental and recreational organizations, four members representing river protection organizations, one member representing municipalities with a river or river segment within their borders, two members representing regional planning agencies, three members representing related professional practices and one member representing the public, which members shall be appointed by the commissioner. On and after October 1, 1992, the committee's membership shall consist of: (1) The Commissioners of Public Health, Transportation, Economic and Community Development and Agriculture, the Secretary of the Office of Policy and Management, [the director of the Connecticut Commission on Culture and Tourism,] and the State Archaeologist, or their designees; and (2) one member representing the business community, and one member representing a related professional practice appointed by the Governor; one member representing an environmental or recreational organization, one member representing a river protection organization and one member representing a related professional practice appointed by the president pro tempore of the Senate; one member representing an environmental or recreational organization, one member representing a river protection organization and one member representing a related professional practice appointed by the speaker of the House of Representatives; one member representing an environmental or recreational organization, one member representing a municipality with a river or river segment within its borders and one member representing the business community appointed by the majority leader of the Senate; two members representing an environmental or recreational organization, one member representing a river protection organization and one member representing a public service company appointed by the minority leader of the Senate; one member representing an environmental or recreational organization, one member representing a public service company and one member representing a regional planning agency appointed by the majority leader of the House of Representatives; one member representing an environmental or recreational organization, one member representing a river protection organization, one member of the public and one member representing a regional planning agency appointed by the minority leader of the House of Representatives.
Sec. 171. Subsection (b) of section 25-109q of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) The council shall consist of: A representative of the office of the Governor; the Commissioner of Environmental Protection, or his designee; the Commissioner of Economic and Community Development, or his or her designee; the chairperson of the [Connecticut Commission on Culture and Tourism] Culture and Tourism Advisory Committee, or his or her designee; the chairperson of the Northeastern Connecticut Council of Governments, or his or her designee; the chairperson of the Southeastern Connecticut Council of Governments, or his or her designee; and the chairperson of the Windham Regional Planning Agency, or his or her designee. The council shall further consist of the following members appointed by the Governor: Three chief elected officials from towns listed in section 104 of said act; two persons from any such town who represent economic development or business interests; two persons from any such town who represent tourism districts within the corridor; two persons from any such town who represent land conservation or outdoor recreation interests; two persons from any such town who represent historic preservation or cultural history interests; and one person engaged in agriculture in any such town. Vacancies on the advisory council shall be filled in the same manner as original appointments.
Sec. 172. Subsection (b) of section 29-259 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) Any person, agent of the state, municipality or any other political subdivision of the state may apply to the State Building Inspector and the Codes and Standards Committee to modify or set aside standards for historic buildings incorporated in the State Building Code. The State Building Inspector shall, within seven days of receipt of any such application, forward a copy of such application to the director of the Office of Protection and Advocacy for Persons with Disabilities and to the [director of the Connecticut Commission on Culture and Tourism] Commissioner of Economic and Community Development. [Each of said directors] Said director and commissioner shall, within thirty days of receipt, review such application and make such written recommendations as [he] each deems appropriate to the State Building Inspector and the Codes and Standards Committee concerning the disposition of such application. The recommendations of [such directors] said director and commissioner shall be part of the records and documents of the State Building Inspector concerning such application. The State Building Inspector and the Codes and Standards Committee shall consider such written recommendations when acting upon such application and may set aside or modify an individual standard or specification when they jointly determine that it would not be feasible or would unreasonably complicate the construction, alteration or repair in question and where alternative methods and materials have been proposed to maintain certain features. Such determination shall be in writing, shall state the reasons therefor and if it sets aside any such standard of specification, a copy of such determination shall be sent to each of said [directors] director and commissioner.
Sec. 173. Subsection (a) of section 32-6a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) For the purposes of encouraging quality tourism and contributing to an overall historic preservation program there is established a Committee for the Restoration of Historic Assets in Connecticut which shall consist of the Commissioner of Economic and Community Development, the chairman of the Governor's Vacation Council, the [chairman of the Connecticut Commission on Culture and Tourism] chairperson of the Culture and Tourism Advisory Committee and two public members appointed by the Governor on or before December 1, 1977, for a term to expire on February 1, 1979. Thereafter terms of members appointed to succeed those whose terms expire shall be for two years and until successors are appointed. The Commissioner of Economic and Community Development may provide grants or loans as approved by the committee for projects of historic preservation and restoration from the Restoration of Historic Assets in Connecticut Fund established with the proceeds of the bonds issued pursuant to subdivision (2) of subsection (g) of section 2 of special act 77-47. For the purposes of this section, "historical asset" means any building, structure, object or site that is significant in American history, architecture, archaeology or culture or property used in connection therewith. Such grants and loans may be used, in part, for the installation or restoration of supportive improvements. Supportive improvements may include, but shall not be limited to, parking lots, office space, sanitary facilities, utilities necessary to make a building functional, information booths, provisions for the handicapped, improvements necessary to bring such asset into conformance with local ordinances, or any other improvements necessary to return the property to a state of utility provided that any such supportive improvement shall not alter, destroy or detract from the distinctive historical, aesthetic, archaeological, architectural, cultural or stylistic qualities or characteristics of the historic asset or its environment. The Commissioner of Economic and Community Development with the advice and consent of the committee shall promulgate such regulations as may be necessary to carry out the provisions of this section.
Sec. 174. Subsection (i) of section 10-217a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(i) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2008, to June 30, [2011] 2013, inclusive, the amount of the grants payable to local or regional boards of education in accordance with this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for purposes of this section.
Sec. 175. Subsection (b) of section 10-281 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2004, to June 30, [2011] 2013, inclusive, the amount of the grants payable to local or regional boards of education in accordance with this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for purposes of this section.
Sec. 176. Subsection (d) of section 10-71 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(d) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2004, to June 30, [2011] 2013, inclusive, the amount of the grants payable to towns, regional boards of education or regional educational service centers in accordance with this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this section for such year.
Sec. 177. Section 10-17g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Annually, the board of education for each local and regional school district that is required to provide a program of bilingual education, pursuant to section 10-17f, may make application to the State Board of Education and shall thereafter receive a grant in an amount equal to the product obtained by multiplying the total appropriation available for such purpose by the ratio which the number of eligible children in the school district bears to the total number of such eligible children state-wide. The board of education for each local and regional school district receiving funds pursuant to this section shall annually, on or before September first, submit to the State Board of Education a progress report which shall include (1) measures of increased educational opportunities for eligible students, including language support services and language transition support services provided to such students, (2) program evaluation and measures of the effectiveness of its bilingual education and English as a second language programs, including data on students in bilingual education programs and students educated exclusively in English as a second language programs, and (3) certification by the board of education submitting the report that any funds received pursuant to this section have been used for the purposes specified. The State Board of Education shall annually evaluate programs conducted pursuant to section 10-17f. For purposes of this section, measures of the effectiveness of bilingual education and English as a second language programs include state-wide mastery examination results and graduation and school dropout rates. Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2009, to June 30, [2011] 2013, inclusive, the amount of grants payable to local or regional boards of education under this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for such grants for such year.
Sec. 178. Subsection (f) of section 10-66j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(f) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2004, to June 30, [2011] 2013, inclusive, the amount of grants payable to regional educational service centers shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for such grants for such year.
Sec. 179. Subdivisions (2) and (3) of subsection (e) of section 10-76d of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(2) For purposes of this subdivision, "public agency" includes the offices of a government of a federally recognized Native American tribe. Notwithstanding any other provisions of the general statutes, for the fiscal year ending June 30, 1987, and each fiscal year thereafter, whenever a public agency, other than a local or regional board of education, the State Board of Education or the Superior Court acting pursuant to section 10-76h, places a child in a foster home, group home, hospital, state institution, receiving home, custodial institution or any other residential or day treatment facility, and such child requires special education, the local or regional board of education under whose jurisdiction the child would otherwise be attending school or, if no such board can be identified, the local or regional board of education of the town where the child is placed, shall provide the requisite special education and related services to such child in accordance with the provisions of this section. Within one business day of such a placement by the Department of Children and Families or offices of a government of a federally recognized Native American tribe, said department or offices shall orally notify the local or regional board of education responsible for providing special education and related services to such child of such placement. The department or offices shall provide written notification to such board of such placement within two business days of the placement. Such local or regional board of education shall convene a planning and placement team meeting for such child within thirty days of the placement and shall invite a representative of the Department of Children and Families or offices of a government of a federally recognized Native American tribe to participate in such meeting. (A) The local or regional board of education under whose jurisdiction such child would otherwise be attending school shall be financially responsible for the reasonable costs of such special education and related services in an amount equal to the lesser of one hundred per cent of the costs of such education or the average per pupil educational costs of such board of education for the prior fiscal year, determined in accordance with the provisions of subsection (a) of section 10-76f. The State Board of Education shall pay on a current basis, except as provided in subdivision (3) of this subsection, any costs in excess of such local or regional board's basic contributions paid by such board of education in accordance with the provisions of this subdivision. (B) Whenever a child is placed pursuant to this subdivision, on or after July 1, 1995, by the Department of Children and Families and the local or regional board of education under whose jurisdiction such child would otherwise be attending school cannot be identified, the local or regional board of education under whose jurisdiction the child attended school or in whose district the child resided at the time of removal from the home by said department shall be responsible for the reasonable costs of special education and related services provided to such child, for one calendar year or until the child is committed to the state pursuant to section 46b-129 or 46b-140 or is returned to the child's parent or guardian, whichever is earlier. If the child remains in such placement beyond one calendar year the Department of Children and Families shall be responsible for such costs. During the period the local or regional board of education is responsible for the reasonable cost of special education and related services pursuant to this subparagraph, the board shall be responsible for such costs in an amount equal to the lesser of one hundred per cent of the costs of such education and related services or the average per pupil educational costs of such board of education for the prior fiscal year, determined in accordance with the provisions of subsection (a) of section 10-76f. The State Board of Education shall pay on a current basis, except as provided in subdivision (3) of this subsection, any costs in excess of such local or regional board's basic contributions paid by such board of education in accordance with the provisions of this subdivision. The costs for services other than educational shall be paid by the state agency which placed the child. The provisions of this subdivision shall not apply to the school districts established within the Department of Children and Families, pursuant to section 17a-37, the Department of Correction, pursuant to section 18-99a, or the Department of Developmental Services, pursuant to section 17a-240, provided in any case in which special education is being provided at a private residential institution, including the residential components of regional educational service centers, to a child for whom no local or regional board of education can be found responsible under subsection (b) of this section, Unified School District #2 shall provide the special education and related services and be financially responsible for the reasonable costs of such special education instruction for such children. Notwithstanding the provisions of this subdivision, for the fiscal years ending June 30, 2004, to June 30, 2007, inclusive, and for the fiscal years ending June 30, 2010, [and June 30, 2011] to June 30, 2013, inclusive, the amount of the grants payable to local or regional boards of education in accordance with this subdivision shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this subdivision for such year.
(3) Payment for children who require special education and who reside on state-owned or leased property or in permanent family residences as defined in section 17a-154, and who are not the educational responsibility of the unified school districts established pursuant to section 17a-37, section 17a-240 or section 18-99a, shall be made in the following manner: The State Board of Education shall pay to the school district which is responsible for providing instruction for each such child pursuant to the provisions of this subsection one hundred per cent of the reasonable costs of such instruction. In the fiscal year following such payment, the State Board of Education shall deduct from the special education grant due the local or regional board of education under whose jurisdiction the child would otherwise be attending school, where such board has been identified, the amount for which such board would otherwise have been financially responsible pursuant to the provisions of subdivision (2) of this subsection. No such deduction shall be made for any school district which is responsible for providing special education instruction for children whose parents or legal guardians do not reside within such district. The amount deducted shall be included as a net cost of special education by the Department of Education for purposes of the state's special education grant calculated pursuant to section 10-76g, as amended by this act. A school district otherwise eligible for reimbursement under the provisions of this subdivision for the costs of education of a child residing in a permanent family residence shall continue to be so eligible in the event that a person providing foster care in such residence adopts the child. Notwithstanding the provisions of this subdivision, for the fiscal years ending June 30, 2004, and June 30, 2005, and for the fiscal years ending June 30, 2012, and June 30, 2013, the amount of the grants payable to local or regional boards of education in accordance with this subdivision shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this subdivision for such year.
Sec. 180. Subsection (d) of section 10-76g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(d) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2004, to June 30, 2007, inclusive, and for the fiscal years ending June 30, 2010, [and June 30, 2011] to June 30, 2013, inclusive, the amount of the grants payable to local or regional boards of education in accordance with this section, except grants paid in accordance with subdivision (2) of subsection (a) of this section, for the fiscal years ending June 30, 2006, and June 30, 2007, and for the fiscal years ending June 30, 2010, [and June 30, 2011] to June 30, 2013, inclusive, shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this section for such year.
Sec. 181. Subsection (b) of section 10-253 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) The board of education of the school district under whose jurisdiction a child would otherwise be attending school shall be financially responsible for the reasonable costs of education for a child placed out by the Commissioner of Children and Families or by other agencies, including, but not limited to, offices of a government of a federally recognized Native American tribe, in a private residential facility when such child requires educational services other than special education services. Such financial responsibility shall be the lesser of one hundred per cent of the costs of such education or the average per pupil educational costs of such board of education for the prior fiscal year, determined in accordance with subsection (a) of section 10-76f. Any costs in excess of the boards' basic contribution shall be paid by the State Board of Education on a current basis. The costs for services other than educational shall be paid by the state agency which placed the child. Application for the grant to be paid by the state for costs in excess of the local or regional board of education's basic contribution shall be made in accordance with the provisions of subdivision (5) of subsection (e) of section 10-76d. Notwithstanding the provisions of this subsection, for the fiscal years ending June 30, 2004, to June 30, 2007, inclusive, and for the fiscal years ending June 30, 2010, [and June 30, 2011] to June 30, 2013, inclusive, the amount of the grants payable to local or regional boards of education in accordance with this subsection shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this subsection for such year.
Sec. 182. Subdivision (4) of subsection (a) of section 10-266m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(4) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2004, to June 30, [2011] 2013, inclusive, the amount of transportation grants payable to local or regional boards of education shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for such grants for such year.
Sec. 183. Subsection (c) of section 10-264l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(c) (1) The maximum amount each interdistrict magnet school program, except those described in subparagraphs (A) to (F), inclusive, of subdivision (3) of this subsection, shall be eligible to receive per enrolled student who is not a resident of the town operating the magnet school shall be (A) six thousand sixteen dollars for the fiscal year ending June 30, 2008, and (B) six thousand seven hundred thirty dollars for the fiscal years ending June 30, 2009, to June 30, [2011] 2013, inclusive. The per pupil grant for each enrolled student who is a resident of the town operating the magnet school program shall be three thousand dollars for the fiscal year ending June 30, 2008, and each fiscal year thereafter.
(2) For the fiscal year ending June 30, 2003, and each fiscal year thereafter, the commissioner may, within available appropriations, provide supplemental grants for the purposes of enhancing educational programs in such interdistrict magnet schools, as the commissioner determines. Such grants shall be made after the commissioner has conducted a comprehensive financial review and approved the total operating budget for such schools, including all revenue and expenditure estimates.
(3) (A) Except as otherwise provided in subparagraphs (C) to (F), inclusive, of this subdivision, each interdistrict magnet school operated by a regional educational service center that enrolls less than fifty-five per cent of the school's students from a single town shall receive a per pupil grant in the amount of (i) six thousand two hundred fifty dollars for the fiscal year ending June 30, 2006, (ii) six thousand five hundred dollars for the fiscal year ending June 30, 2007, (iii) seven thousand sixty dollars for the fiscal year ending June 30, 2008, and (iv) seven thousand six hundred twenty dollars for the fiscal year ending June 30, 2009, and each fiscal year thereafter.
(B) Except as otherwise provided in subparagraphs (C) to (F), inclusive, of this subdivision, each interdistrict magnet school operated by a regional educational service center that enrolls at least fifty-five per cent of the school's students from a single town shall receive a per pupil grant for each enrolled student who is not a resident of the district that enrolls at least fifty-five per cent of the school's students in the amount of (i) six thousand sixteen dollars for the fiscal year ending June 30, 2008, and (ii) six thousand seven hundred thirty dollars for the fiscal year ending June 30, 2009, and each fiscal year thereafter. The per pupil grant for each enrolled student who is a resident of the district that enrolls at least fifty-five per cent of the school's students shall be three thousand dollars.
(C) Each interdistrict magnet school operated by a regional educational service center that began operations for the school year commencing July 1, 1998, and that for the school year commencing July 1, 2008, enrolled at least fifty-five per cent, but no more than seventy per cent of the school's students from a single town shall receive a per pupil grant for each enrolled student who is a resident of the district that enrolls at least fifty-five per cent, but no more than seventy per cent of the school's students in the amount of four thousand eight hundred ninety-four dollars for the fiscal year ending June 30, 2010, and four thousand two hundred sixty-three dollars for the fiscal year ending June 30, 2011, and a per pupil grant for each enrolled student who is not a resident of the district that enrolls at least fifty-five per cent, but no more than seventy per cent of the school's students in the amount of six thousand seven hundred thirty dollars for the fiscal years ending June 30, 2010, and June 30, 2011.
(D) Each interdistrict magnet school operated by a regional educational service center that began operations for the school year commencing July 1, 2001, and that for the school year commencing July 1, 2008, enrolled at least fifty-five per cent, but no more than eighty per cent of the school's students from a single town shall receive a per pupil grant for each enrolled student who is a resident of the district that enrolls at least fifty-five per cent, but no more than eighty per cent of the school's students in the amount of four thousand two hundred fifty dollars for the fiscal year ending June 30, 2010, and three thousand eight hundred thirty-three dollars for the fiscal year ending June 30, 2011, and a per pupil grant for each enrolled student who is not a resident of the district that enrolls at least fifty-five per cent, but no more than eighty per cent of the school's students in the amount of six thousand seven hundred thirty dollars for the fiscal years ending June 30, 2010, and June 30, 2011.
(E) Each interdistrict magnet school operated by (i) a regional educational service center, (ii) the Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (iii) the Board of Trustees of the Connecticut State University System on behalf of a state university, (iv) the Board of Trustees for The University of Connecticut on behalf of the university, (v) the board of governors for an independent college or university, as defined in section 10a-37, or the equivalent of such a board, on behalf of the independent college or university, (vi) cooperative arrangements pursuant to section 10-158a, and (vii) any other third-party not-for-profit corporation approved by the commissioner that enrolls less than sixty per cent of its students from Hartford pursuant to the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., shall receive a per pupil grant in the amount of (I) nine thousand six hundred ninety-five dollars for the fiscal year ending June 30, 2010, and (II) ten thousand four hundred forty-three dollars for the fiscal [year] years ending June 30, 2011, to June 30, 2013, inclusive.
(F) Each interdistrict magnet school operated by the Hartford school district, pursuant to the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., shall receive a per pupil grant for each enrolled student who is not a resident of the district in the amount of (i) twelve thousand dollars for the fiscal year ending June 30, 2010, and (ii) thirteen thousand fifty-four dollars for the fiscal [year] years ending June 30, 2011, to June 30, 2013, inclusive.
(G) In addition to the grants described in subparagraph (F) of this subdivision, for the fiscal year ending June 30, 2010, the commissioner may, subject to the approval of the Secretary of the Office of Policy and Management and the Finance Advisory Committee, established pursuant to section 4-93, provide supplemental grants to the Hartford school district of up to one thousand fifty-four dollars for each student enrolled at an interdistrict magnet school operated by the Hartford school district who is not a resident of such district.
(4) The amounts of the grants determined pursuant to this subsection shall be proportionately adjusted, if necessary, within available appropriations, and in no case shall any grant pursuant to this section exceed the reasonable operating budget of the interdistrict magnet school program, less revenues from other sources. Any interdistrict magnet school program operating less than full-time, but at least half-time, shall be eligible to receive a grant equal to sixty-five per cent of the grant amount determined pursuant to this subsection.
(5) Within available appropriations, the commissioner may make grants to the following entities that operate an interdistrict magnet school that assists the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as determined by the commissioner and that provide academic support programs and summer school educational programs approved by the commissioner to students participating in such interdistrict magnet school program: (A) Regional educational service centers, (B) local and regional boards of education, (C) the Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (D) the Board of Trustees of the Connecticut State University System on behalf of a state university, (E) the Board of Trustees for The University of Connecticut on behalf of the university, (F) the board of governors for an independent college or university, as defined in section 10a-37, or the equivalent of such a board, on behalf of the independent college or university, (G) cooperative arrangements pursuant to section 10-158a, and (H) any other third-party not-for-profit corporation approved by the commissioner.
(6) Within available appropriations, the Commissioner of Education may make grants, in an amount not to exceed seventy-five thousand dollars, for start-up costs associated with the development of new interdistrict magnet school programs that assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as determined by the commissioner, to the following entities that develop such a program: (A) Regional educational service centers, (B) local and regional boards of education, (C) the Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (D) the Board of Trustees of the Connecticut State University System on behalf of a state university, (E) the Board of Trustees for The University of Connecticut on behalf of the university, (F) the board of governors for an independent college or university, as defined in section 10a-37, or the equivalent of such a board, on behalf of the independent college or university, (G) cooperative arrangements pursuant to section 10-158a, and (H) any other third-party not-for-profit corporation approved by the commissioner.
Sec. 184. Subsection (o) of section 10-264l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(o) For the school years commencing July 1, 2009, [and July 1, 2010] to July 1, 2012, inclusive, the Hartford school district shall not charge tuition for any student enrolled in an interdistrict magnet school operated by such school district.
Sec. 185. (Effective July 1, 2011) The RESC Alliance shall study issues relating to the feasibility and implementation of regional school transportation services and a uniform school calendar. Not later than October 15, 2011, the RESC Alliance shall submit a report of its findings and recommendations to the Governor.
Sec. 186. (Effective July 1, 2011) The Commissioner of Education, in consultation with the Commissioner of Social Services, shall develop a plan to integrate child day care services administered by the Department of Social Services offered as part of a school readiness program into the school readiness programs administered by the Department of Education. Such plan shall address program eligibility, slot rates and program requirements. Not later than July 1, 2012, the Commissioner of Education shall submit such plan, with any findings and recommendations, to the Governor.
Sec. 187. (Effective July 1, 2011) For the fiscal year ending June 30, 2012, any unused funds appropriated to the Department of Education for Child Care Services under section 1 of public act 11-6 shall not lapse on June 30, 2012, and such nonlapsing funds shall continue to be available for the purpose of school readiness programs, pursuant to section 10-16p of the general statutes, during the fiscal year ending June 30, 2013.
Sec. 188. Section 10-266aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) As used in this section:
(1) "Receiving district" means any school district that accepts students under the program established pursuant to this section;
(2) "Sending district" means any school district that sends students it would otherwise be legally responsible for educating to another school district under the program; and
(3) "Minority students" means students who are "pupils of racial minorities", as defined in section 10-226a.
(b) There is established, within available appropriations, an interdistrict public school attendance program. The purpose of the program shall be to: (1) Improve academic achievement; (2) reduce racial, ethnic and economic isolation or preserve racial and ethnic balance; and (3) provide a choice of educational programs. [for students enrolled in the public schools.] The Department of Education shall provide oversight for the program, including the setting of reasonable limits for the transportation of students participating in the program, and may provide for the incremental expansion of the program for the school year commencing in 2000 for each town required to participate in the program pursuant to subsection (c) of this section.
(c) The program shall be phased in as provided in this subsection. (1) For the school year commencing in 1998, and for each school year thereafter, the program shall be in operation in the Hartford, New Haven and Bridgeport regions. The Hartford program shall operate as a continuation of the program described in section 10-266j. Students who reside in Hartford, New Haven or Bridgeport may attend school in another school district in the region and students who reside in such other school districts may attend school in Hartford, New Haven or Bridgeport, provided, beginning with the 2001-2002 school year, the proportion of students who are not minority students to the total number of students leaving Hartford, Bridgeport or New Haven to participate in the program shall not be greater than the proportion of students who were not minority students in the prior school year to the total number of students enrolled in Hartford, Bridgeport or New Haven in the prior school year. The regional educational service center operating the program shall make program participation decisions in accordance with the requirements of this subdivision. (2) For the school year commencing in 2000, and for each school year thereafter, the program shall be in operation in New London, provided beginning with the 2001-2002 school year, the proportion of students who are not minority students to the total number of students leaving New London to participate in the program shall not be greater than the proportion of students who were not minority students in the prior year to the total number of students enrolled in New London in the prior school year. The regional educational service center operating the program shall make program participation decisions in accordance with this subdivision. (3) The Department of Education may provide, within available appropriations, grants for the fiscal year ending June 30, 2003, to the remaining regional educational service centers to assist school districts in planning for a voluntary program of student enrollment in every priority school district, pursuant to section 10-266p, which is interested in participating in accordance with this subdivision. For the school year commencing in 2003, and for each school year thereafter, the voluntary enrollment program may be in operation in every priority school district in the state. Students from other school districts in the area of a priority school district, as determined by the regional educational service center pursuant to subsection (d) of this section, may attend school in the priority school district, provided such students bring racial, ethnic and economic diversity to the priority school district and do not increase the racial, ethnic and economic isolation in the priority school district.
(d) School districts which received students from New London under the program during the 2000-2001 school year shall allow such students to attend school in the district until they graduate from high school. The attendance of such students in such program shall not be supported by grants pursuant to subsections (f) and (g) of this section but shall be supported, in the same amounts as provided for in said subsections, by interdistrict cooperative grants pursuant to section 10-74d to the regional educational service centers operating such programs.
(e) Once the program is in operation in the region served by a regional educational service center pursuant to subsection (c) of this section, the Department of Education shall provide an annual grant to such regional educational service center to assist school districts in its area in administering the program and to provide staff to assist students participating in the program to make the transition to a new school and to act as a liaison between the parents of such students and the new school district. Each regional educational service center shall determine which school districts in its area are located close enough to a priority school district to make participation in the program feasible in terms of student transportation pursuant to subsection (f) of this section, provided any student participating in the program prior to July 1, 1999, shall be allowed to continue to attend the same school such student attended prior to said date in the receiving district until the student completes the highest grade in such school. Each regional educational service center shall convene, annually, a meeting of representatives of such school districts in order for such school districts to report, by March thirty-first, the number of spaces available for the following school year for out-of-district students under the program. Annually, each regional educational service center shall provide a count of such spaces to the Department of Education by April fifteenth. If there are more students who seek to attend school in a receiving district than there are spaces available, the regional educational service center shall assist the school district in determining attendance by the use of a lottery or lotteries designed to preserve or increase racial, ethnic and economic diversity, except that the regional educational service center shall give preference to siblings and to students who would otherwise attend a school that has lost its accreditation by the New England Association of Schools and Colleges or has been identified as in need of improvement pursuant to the No Child Left Behind Act, P.L. 107-110. The admission policies shall be consistent with section 10-15c and this section. No receiving district shall recruit students under the program for athletic or extracurricular purposes. Each receiving district shall allow out-of-district students it accepts to attend school in the district until they graduate from high school.
(f) The Department of Education shall provide grants to regional educational service centers or local or regional boards of education for the reasonable cost of transportation for students participating in the program. For the fiscal year ending June 30, 2003, and each fiscal year thereafter, the department shall provide such grants within available appropriations, provided the state-wide average of such grants does not exceed an amount equal to three thousand two hundred fifty dollars for each student transported, except that the Commissioner of Education may grant to regional educational service centers additional sums from funds remaining in the appropriation for such transportation services if needed to offset transportation costs that exceed such maximum amount. The regional educational service centers shall provide reasonable transportation services to high school students who wish to participate in supervised extracurricular activities. For purposes of this section, the number of students transported shall be determined on September first of each fiscal year.
(g) [The] (1) Except as provided in subdivision (2) of this subsection, the Department of Education shall provide, within available appropriations, an annual grant to the local or regional board of education for each receiving district in an amount not to exceed two thousand five hundred dollars for each out-of-district student who attends school in the receiving district under the program.
(2) For the fiscal year ending June 30, 2012, and each fiscal year thereafter, the department shall provide, within available appropriations, an annual grant to the local or regional board of education for each receiving district in an amount equal to (A) three thousand dollars for each out-of-district student who attends school in the receiving district under the program if the number of such out-of-district students is less than two per cent of the total student population of such receiving district, (B) four thousand dollars for each out-of-district student who attends school in the receiving district under the program if the number of such out-of-district students is greater than or equal to two per cent but less than three per cent of the total student population of such receiving district, and (C) six thousand dollars for each out-of-district student who attends school in the receiving district under the program if the number of such out-of-district students is greater than or equal to three per cent of the total student population of such receiving district.
(3) Each town which receives funds pursuant to this subsection shall make such funds available to its local or regional board of education in supplement to any other local appropriation, other state or federal grant or other revenue to which the local or regional board of education is entitled.
(h) Notwithstanding any provision of this chapter, each sending district and each receiving district shall divide the number of children participating in the program who reside in such district or attend school in such district by two for purposes of the counts for subdivision (22) of section 10-262f and subdivision (2) of subsection (a) of section 10-261, as amended by this act.
(i) In the case of an out-of-district student who requires special education and related services, the sending district shall pay the receiving district an amount equal to the difference between the reasonable cost of providing such special education and related services to such student and the amount received by the receiving district pursuant to subsection (g) of this section and in the case of students participating pursuant to subsection (d) of this section, the per pupil amount received pursuant to section 10-74d. The sending district shall be eligible for reimbursement pursuant to section 10-76g, as amended by this act.
(j) Nothing in this section shall prohibit school districts from charging tuition to other school districts that do not have a high school pursuant to section 10-33.
(k) On or before [October fifteenth] March first of each year, the Commissioner of Education shall determine if the enrollment in the program pursuant to subsection (c) of this section for the fiscal year is below the number of students for which funds were appropriated. If the commissioner determines that the enrollment is below such number, the additional funds shall not lapse but shall be used by the commissioner in accordance with this subsection.
(1) Any amount up to five hundred thousand dollars of such nonlapsing funds shall be used for supplemental grants to receiving districts on a pro rata basis for each out-of-district student in the program pursuant to subsection (c) of this section who attends the same school in the receiving district as at least nine other such out-of-district students, not to exceed one thousand dollars per student.
[(2) Any remaining nonlapsing funds shall be used for interdistrict cooperative grants pursuant to section 10-74d.]
(2) Any amount of such nonlapsing funds equal to or greater than five hundred thousand dollars, but less than one million dollars, shall be used for supplemental grants, in an amount determined by the commissioner, on a pro rata basis to receiving districts that report to the commissioner on or before March first of the current school year that the number of out-of-district students enrolled in such receiving district is greater than the number of out-of-district students enrolled in such receiving district from the previous school year.
(3) Any remaining nonlapsing funds shall be used by the commissioner to increase enrollment in the interdistrict public school attendance program described in this section.
(l) For purposes of the state-wide mastery examinations under section 10-14n, students participating in the program established pursuant to this section shall be considered residents of the school district in which they attend school.
(m) Within available appropriations, the commissioner may make grants to regional education service centers which provide summer school educational programs approved by the commissioner to students participating in the program.
(n) The Commissioner of Education may provide grants for children in the Hartford program described in this section to participate in preschool and all day kindergarten programs. In addition to the subsidy provided to the receiving district for educational services, such grants may be used for the provision of before and after-school care and remedial services for the preschool and kindergarten students participating in the program.
(o) Within available appropriations, the commissioner may make grants for academic student support for programs pursuant to this section that assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as determined by the commissioner.
Sec. 189. (Effective from passage) (a) There is established a task force to study issues relating to state funding for education in the context of state constitutional requirements. Such study shall focus on the education aid grant formula set forth in section 10-262h of the general statutes, and give consideration to state grants to interdistrict magnet schools, regional agricultural science and technology education centers and funding issues relating to the cost of special education for the state and municipalities.
(b) The task force shall consist of the following members:
(1) Six appointed by the Governor;
(2) One appointed by the speaker of the House of Representatives;
(3) One appointed by the president pro tempore of the Senate;
(4) One appointed by the majority leader of the House of Representatives;
(5) One appointed by the majority leader of the Senate;
(6) One appointed by the minority leader of the House of Representatives; and
(7) One appointed by the minority leader of the Senate.
(c) Any member of the task force appointed under subdivisions (2) to (7), inclusive, of subsection (b) of this section may be a member of the General Assembly.
(d) All appointments to the task force shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.
(e) The speaker of the House of Representatives and the president pro tempore of the Senate shall select one chairperson of the task force from among the legislative appointments to the task force, and the Governor shall select one chairperson of the task force from among the executive appointments to the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held not later than sixty days after the effective date of this section.
(f) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to education shall serve as administrative staff of the task force.
(g) (1) Not later than January 2, 2012, the task force shall submit an initial report on its findings and recommendations to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and education, in accordance with the provisions of section 11-4a of the general statutes.
(2) Not later than October 1, 2012, the task force shall submit a final report on its findings and recommendations to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and education, in accordance with the provisions of section 11-4a of the general statutes.
(3) The task force shall terminate on the date that it submits its final report pursuant to subdivision (2) of this subsection or October 1, 2012, whichever is later.
Sec. 190. Section 10-262i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) For the fiscal year ending June 30, 1990, and for each fiscal year thereafter, each town shall be paid a grant equal to the amount the town is entitled to receive under the provisions of section 10-262h, as calculated using the data of record as of the December first prior to the fiscal year such grant is to be paid, adjusted for the difference between the final entitlement for the prior fiscal year and the preliminary entitlement for such fiscal year as calculated using the data of record as of the December first prior to the fiscal year when such grant was paid.
(b) The amount due each town pursuant to the provisions of subsection (a) of this section shall be paid by the Comptroller, upon certification of the Commissioner of Education, to the treasurer of each town entitled to such aid in installments during the fiscal year as follows: Twenty-five per cent of the grant in October, twenty-five per cent of the grant in January and the balance of the grant in April. The balance of the grant due towns under the provisions of this subsection shall be paid in March rather than April to any town which has not adopted the uniform fiscal year and which would not otherwise receive such final payment within the fiscal year of such town.
(c) All aid distributed to a town pursuant to the provisions of this section shall be expended for educational purposes only and shall be expended upon the authorization of the local or regional board of education. For the fiscal year ending June 30, 1999, and each fiscal year thereafter, if a town receives an increase in funds pursuant to this section over the amount it received for the prior fiscal year such increase shall not be used to supplant local funding for educational purposes. The budgeted appropriation for education in any town receiving an increase in funds pursuant to this section shall be not less than the amount appropriated for education for the prior year plus such increase in funds.
[(d) For the fiscal years ending June 30, 2010, and June 30, 2011, the budgeted appropriation for education shall be no less than the budgeted appropriation for education for the fiscal year ending June 30, 2009, minus any reductions made pursuant to section 19 of public act 09-1 of the June 19 special session, except that for the fiscal year ending June 30, 2010, those districts whose number of resident students for the school year commencing July 1, 2009, is lower than such district's number of resident students for the school year commencing July 1, 2008, may reduce such district's budgeted appropriation for education by the difference in number of resident students for such school years multiplied by three thousand.]
[(e)] (d) Notwithstanding the provisions of subsection (c) of this section, for the fiscal years ending June 30, 2008, and June 30, 2009, the budgeted appropriation for education in any town receiving an increase in funds pursuant to this section shall be not less than the amount appropriated for education for the prior year plus the percentage of such increase in funds as determined under subsection (f) of this section.
(e) For the fiscal years ending June 30, 2010, and June 30, 2011, the budgeted appropriation for education shall be not less than the budgeted appropriation for education for the fiscal year ending June 30, 2009, minus any reductions made pursuant to section 19 of public act 09-1 of the June 19 special session, except that for the fiscal year ending June 30, 2010, those districts with a number of resident students for the school year commencing July 1, 2009, that is lower than such district's number of resident students for the school year commencing July 1, 2008, may reduce such district's budgeted appropriation for education by the difference in number of resident students for such school years multiplied by three thousand.
(f) (1) For the fiscal year ending June 30, 2012, the budgeted appropriation for education shall be not less than the budgeted appropriation for education for the fiscal year ending June 30, 2011, plus any reductions made pursuant to section 19 of public act 09-1 of the June 19 special session, except that for the fiscal year ending June 30, 2012, any district with a number of resident students for the school year commencing July 1, 2011, that is lower than such district's number of resident students for the school year commencing July 1, 2010, may reduce such district's budgeted appropriation for education by the difference in number of resident students for such school years multiplied by three thousand, provided such reduction shall not exceed one-half of one per cent of the district's budgeted appropriation for education for the fiscal year ending June 30, 2011. A town shall not be eligible to reduce its budgeted appropriation for education pursuant to this subdivision if the school district for the town is in its third year or more of being identified as in need of improvement pursuant to section 10-223e, and (A) has failed to make adequate yearly progress in mathematics or reading at the whole district level, or (B) has satisfied the requirements for adequate yearly progress in mathematics or reading pursuant to Section 1111(b)(2)(I) of Subpart 1 of Part A of Title I of the No Child Left Behind Act, P.L. 107-110, as amended from time to time.
(2) For the fiscal year ending June 30, 2013, the budgeted appropriation for education shall be not less than the budgeted appropriation for education for the fiscal year ending June 30, 2012, except that for the fiscal year ending June 30, 2013, any district with a number of resident students for the school year commencing July 1, 2012, that is lower than such district's number of resident students for the school year commencing July 1, 2011, may reduce such district's budgeted appropriation for education by the difference in number of resident students for such school years multiplied by three thousand, provided such reduction shall not exceed one-half of one per cent of the district's budgeted appropriation for education for the fiscal year ending June 30, 2012. A town shall not be eligible to reduce its budgeted appropriation for education pursuant to this subdivision if the school district for the town is in its third year or more of being identified as in need of improvement pursuant to section 10-223e, and (A) has failed to make adequate yearly progress in mathematics or reading at the whole district level, or (B) has satisfied the requirements for adequate yearly progress in mathematics or reading pursuant to Section 1111(b)(2)(I) of Subpart 1 of Part A of Title I of the No Child Left Behind Act, P.L. 107-110, as amended from time to time.
(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, the Commissioner of Education may permit a district to reduce its budgeted appropriation for education for the fiscal year ending June 30, 2012, or June 30, 2013, in an amount determined by the commissioner if such district has permanently ceased operations and closed one or more schools in the district due to declining enrollment at such closed school or schools in the fiscal year ending June 30, 2011, June 30, 2012, or June 30, 2013.
[(f)] (g) (1) Except as provided for in subdivisions (2), (3) and (4) of this subsection, the percentage of the increase in aid pursuant to this section applicable under subsection [(e)] (d) of this section shall be the average of the results of (A) (i) a town's current program expenditures per resident student pursuant to subdivision (36) of section 10-262f, subtracted from the highest current program expenditures per resident student in this state, (ii) divided by the difference between the highest current program expenditures per resident student in this state and the lowest current program expenditures per resident student in this state, (iii) multiplied by thirty per cent, (iv) plus fifty percentage points, (B) (i) a town's wealth pursuant to subdivision (26) of section 10-262f, subtracted from the wealth of the town with the highest wealth of all towns in this state, (ii) divided by the difference between the wealth of the town with the highest wealth of all towns in this state and the wealth of the town with the lowest wealth of all towns in this state, (iii) multiplied by thirty per cent, (iv) plus fifty percentage points, and (C) (i) a town's grant mastery percentage pursuant to subdivision (12) of section 10-262f, subtracted from one, subtracted from one minus the grant mastery percentage of the town with the highest grant mastery percentage in this state, (ii) divided by the difference between one minus the grant mastery percentage of the town with the highest grant mastery percentage in this state and one minus the grant mastery percentage of the town with the lowest grant mastery percentage in this state, (iii) multiplied by thirty per cent, (iv) plus fifty percentage points.
(2) For the fiscal year ending June 30, 2009, any town whose school district is in its third year or more of being identified as in need of improvement pursuant to section 10-223e, and has failed to make adequate yearly progress in mathematics or reading at the whole district level, the percentage determined pursuant to subdivision (1) of this subsection for such town shall be increased by an additional twenty percentage points.
(3) For the fiscal year ending June 30, 2010, any town whose school district is in its third year or more of being identified as in need of improvement pursuant to section 10-223e, and has failed to make adequate yearly progress in mathematics or reading at the whole district level, the percentage of the increase in aid pursuant to this section applicable under subsection [(e)] (d) of this section shall be the percentage of the increase determined under subdivision (1) of this section for such town, plus twenty percentage points, or eighty per cent, whichever is greater.
(4) Notwithstanding the provisions of this section, for the fiscal year ending June 30, 2008, and each fiscal year thereafter, any town that (A) is a member of a regional school district that serves only grades seven to twelve, inclusive, or grades nine to twelve, inclusive, (B) appropriates at least the minimum percentage of increase in aid pursuant to the provisions of this section, and (C) has a reduced assessment from the previous fiscal year for students enrolled in such regional school district, excluding debt service for such students, shall be considered to be in compliance with the provisions of this section.
(5) Notwithstanding any provision of the general statutes, charter, special act or home rule ordinance, on or before September 15, 2007, for the fiscal year ending June 30, 2008, a town may request the Commissioner of Education to defer a portion of the town's increase in aid over the prior fiscal year pursuant to this section to be expended in the subsequent fiscal year. If the commissioner approves such request, the deferred amount shall be credited to the increase in aid for the fiscal year ending June 30, 2009, rather than the fiscal year ending June 30, 2008. Such funds shall be expended in the fiscal year ending June 30, 2009, in accordance with the provisions of this section. In no case shall a town be allowed to defer increases in aid required to be spent for education as a result of failure to make adequate yearly progress in accordance with the provisions of subdivisions (2) and (3) of this subsection.
[(g)] (h) Upon a determination by the State Board of Education that a town or kindergarten to grade twelve, inclusive, regional school district failed in any fiscal year to meet the requirements pursuant to subsection (c), (d), [or] (e) or (f) of this section, the town or kindergarten to grade twelve, inclusive, regional school district shall forfeit an amount equal to two times the amount of the shortfall. The amount so forfeited shall be withheld by the Department of Education from the grant payable to the town in the second fiscal year immediately following such failure by deducting such amount from the town's equalization aid grant payment pursuant to this section, except that in the case of a kindergarten to grade twelve, inclusive, regional school district, the amount so forfeited shall be withheld by the Department of Education from the grants payable pursuant to this section to the towns which are members of such regional school district. The amounts deducted from such grants to each member town shall be proportional to the number of resident students in each member town. Notwithstanding the provisions of this subsection, the State Board of Education may waive such forfeiture upon agreement with the town or kindergarten to grade twelve, inclusive, regional school district that the town or kindergarten to grade twelve, inclusive, regional school district shall increase its budgeted appropriation for education during the fiscal year in which the forfeiture would occur by an amount not less than the amount of said forfeiture or for other good cause shown. Any additional funds budgeted pursuant to such an agreement shall not be included in a district's budgeted appropriation for education for the purpose of establishing any future minimum budget requirement.
Sec. 191. (Effective from passage) (a) There is established a task force to study the finance, management and enrollment structure of the regional vocational-technical school system. Such study shall (1) conduct a cost-benefit analysis of (A) maintaining and strengthening the existing regional vocational-technical school system operated by the State Board of Education, (B) developing stronger articulation agreements between the regional vocational-technical school system and the regional community-technical colleges, (C) transferring the regional vocational-technical school system to local and regional boards of education, regional educational service centers or the regional community-technical colleges, and (D) maintaining or transferring adult programs offered at the regional vocational-technical schools, (2) consider the effects of maintaining the existing regional vocational-technical school system or transferring the regional vocational-technical school system to local and regional boards of education, regional educational service centers or the regional community-technical colleges on facilities, equipment and personnel management of the regional vocational-technical school system, and (3) compare and analyze the findings of subdivisions (1) and (2) of this subsection.
(b) The task force shall consist of the following members:
(1) The Secretary of the Office of Policy and Management, or the secretary's designee;
(2) The Commissioner of Education, or the commissioner's designee;
(3) The Commissioner of Economic and Community Development, or the commissioner's designee;
(4) The chancellor of the community-technical college system, or the chancellor's designee;
(5) One appointed by the Governor who shall be a representative from a regional workforce investment board;
(6) Two appointed by the president pro tempore of the Senate, one of whom shall be a representative of the Connecticut Education Association and one of whom shall be the chief executive officer of a small manufacturing company;
(7) Two appointed by the speaker of the House of Representatives, one of whom shall be a representative of the American Federation of Teachers-Connecticut and one of whom shall (A) be a person with experience in a trade offered at the regional vocational-technical schools, (B) be an alumnus of a regional vocational-technical school, or (C) have served as an educator at a regional vocational-technical school;
(8) One appointed by the majority leader of the Senate who shall be a representative of the RESC Alliance;
(9) One appointed by the majority leader of the House of Representatives who shall be a mayor or first selectman of a town with a regional vocational-technical school;
(10) One appointed by the minority leader of the Senate who shall be a representative of the Connecticut Association of Boards of Education;
(11) One appointed by the minority leader of the House of Representatives who shall be a representative of the Connecticut Association of Public School Superintendents; and
(12) Two appointed by the chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to education who shall be members of the public.
(c) All appointments to the task force shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.
(d) The Secretary of the Office of Policy and Management, or the secretary's designee, shall serve as the chairperson of the task force. The chairperson shall schedule the first meeting of the task force, which shall be held not later than sixty days after the effective date of this section.
(e) The administrative staff of the Department of Education shall serve as administrative staff of the task force.
(f) Not later than January 15, 2012, the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits such report or January 15, 2012, whichever is later.
Sec. 192. Subsection (a) of section 10-261a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The Secretary of the Office of Policy and Management, shall, on the basis of data provided by each town in the state in accordance with section 10-261b, determine annually for each town the ratio of the assessed valuation of real property for purposes of the property tax and the fair market value of such property as determined from records of actual sales of such property and from such other data and statistical techniques as deemed appropriate by the secretary. With respect to the assessment year in any town in which a revaluation required under section 12-62 becomes effective, the real estate ratio used for the purposes of this section shall be the assessment rate under the provisions of subsection (b) of section 12-62a adjusted for any phase-in pursuant to subsection (b) of section 12-62c. Said ratio as determined with respect to any town shall be used by the secretary to compute the equalized net grand list for such town for purposes of any grant that may be payable to such town under the provisions of section 10-262i, as amended by this act, provided the sales assessment ratio used to compute the equalized net grand list of each town shall be calculated using uniform procedures for all towns. The equalized net grand list in such town shall consist of the assessed value of all real property on the net grand list divided by said ratio, plus the assessed value of all personal property on such net grand list divided by the assessment ratio in current use in such town.
Sec. 193. Subsection (b) of section 10-261b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) A town shall not be required to submit data as required under subsection (a) of this section in an assessment year in which a revaluation becomes effective unless a town is implementing a phase-in pursuant to subsection (b) of section 12-62c.
Sec. 194. Subdivision (3) of subsection (e) of section 10-16p of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(3) Notwithstanding subdivision (2) of this subsection, for the fiscal years ending June 30, 2008, to June 30, [2011] 2013, inclusive, the Department of Education may retain up to one hundred ninety-eight thousand two hundred dollars of the amount appropriated for purposes of this section for coordination, program evaluation and administration.
Sec. 195. (NEW) (Effective from passage) The Commissioner of Education may, to assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., transfer funds appropriated for the Sheff settlement to the following: (1) Grants for interdistrict cooperative programs pursuant to section 10-74d of the general statutes, (2) grants for state charter schools pursuant to section 10-66ee of the general statutes, as amended by this act, (3) grants for the interdistrict public school attendance program pursuant to section 10-266aa of the general statutes, as amended by this act, (4) grants for interdistrict magnet schools pursuant to section 10-264l of the general statutes, as amended by this act, and (5) to technical high schools for programming.
Sec. 196. Subdivision (4) of subsection (a) of section 10-264i of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(4) For the fiscal years ending June 30, 2009, and June 30, 2010, in addition to the grants otherwise provided pursuant to this section, the Commissioner of Education may provide supplemental transportation grants to regional educational service centers for the purposes of transportation to interdistrict magnet schools. Any such grant shall be provided within available appropriations and after the commissioner has reviewed and approved the total interdistrict magnet school transportation budget for a regional education service center, including all revenue and expenditure estimates. For the fiscal year ending June 30, 2010, in addition to the grants otherwise provided pursuant to this section, the Commissioner of Education, with the approval of the Secretary of the Office of Policy and Management, may provide supplemental transportation grants to the Hartford school district and the Capitol Region Education Council for the purposes of transportation of students who are not residents of Hartford to interdistrict magnet schools operated by the Capitol Region Education Council or the Hartford school district. For the fiscal year ending June 30, 2011, in addition to the grants otherwise provided pursuant to this section, the Commissioner of Education may provide supplemental transportation grants to regional educational service centers for the purposes of transportation to interdistrict magnet schools that assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al. Any such grant shall be provided within available appropriations and upon a comprehensive financial review of all transportation activities as prescribed by the commissioner. The commissioner may require the regional educational service center to provide an independent financial review, the costs of which may be paid from funds that are part of the supplemental transportation grant. Any such grant shall be paid as follows: Up to seventy-five per cent of the grant on or before June 30, 2011, and the balance on or before September 1, 2011, upon completion of the comprehensive financial review.
Sec. 197. (Effective from passage) (a) An interdistrict magnet school program that is not in compliance with the racial minorities enrollment requirements of section 10-264l of the general statutes, as amended by this act, following the submission of student information data of such program to the state-wide public school information system, pursuant to section 10-10a of the general statutes, on or before October 1, 2011, and October 1, 2012, due to changes in the 2010 federal racial reporting requirements relating to the collection of racial and ethnic data, as described in the Federal Register of October 19, 2007, shall maintain such program's status as an interdistrict magnet school program and remain eligible for an interdistrict magnet school operating grant pursuant to section 10-264l of the general statutes, as amended by this act, if such program submits a compliance plan to the Commissioner of Education and the commissioner approves such plan.
(b) On or before January 1, 2013, the Department of Education shall submit to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes, recommendations for legislation to amend the racial minority enrollments requirements for interdistrict magnet school programs pursuant to section 10-264l of the general statutes, as amended by this act, to conform with changes in the federal law. Such plan shall reflect the regional demographics of the interdistrict magnet school programs and the diverse racial, ethnic and socio-economic needs of the student populations attending interdistrict magnet school programs.
Sec. 198. Subsection (a) of section 10-266w of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) For each fiscal year, each local and regional board of education having at least one school building designated as a severe need school [, as defined by federal law governing school nutrition programs, in the fiscal year two years prior to the grant year,] shall be eligible to receive a grant to assist in providing school breakfasts to all students in each eligible severe need school, provided any local or regional board having at least one school building so designated shall participate in the federal school breakfast program, pursuant to the Healthy, Hunger-Free Kids Act of 2010, P.L. 111-296, on behalf of all severe need schools in the district with grades eight or under in which at least eighty per cent of the lunches served are served to students who are eligible for free or reduced price lunches pursuant to said federal law and regulations. For purposes of this section, "severe need school" means a school in which (1) the school is participating, or is about to participate, in a breakfast program, and (2) twenty per cent or more of the lunches served to students at the school in the fiscal year two years prior to the grant year were served free or at a reduced price.
Sec. 199. (Effective July 1, 2011) (a) Up to four hundred five thousand dollars appropriated to the Department of Education, for Magnet School Administration, in section 11 of public act 09-3 of the June special session, as amended by section 58 of public act 09-6 of the September special session, sections 3 and 20 of public act 09-7 of the September special session, section 9 of public act 09-1 of the December special session, section 1 of public act 10-3, section 1 of public act 10-179 and section 3 of public act 10-2 of the June special session, shall not lapse on June 30, 2011, and such funds shall be transferred to Sheff Settlement, and shall be available to fund the development of magnet school programs at the River Academy during the fiscal year ending June 30, 2012.
(b) Up to four hundred five thousand dollars appropriated to the Department of Education, for Charter Schools, in section 11 of public act 09-3 of the June special session, as amended by section 58 of public act 09-6 of the September special session, sections 3 and 20 of public act 09-7 of the September special session, section 9 of public act 09-1 of the December special session, section 1 of public act 10-3, section 1 of public act 10-179 and section 3 of public act 10-2 of the June special session, shall not lapse on June 30, 2011, and such funds shall be transferred to Sheff Settlement, and shall be available to fund the development of magnet school programs at the River Academy during the fiscal year ending June 30, 2013.
Sec. 200. Subdivision (1) of subsection (c) of section 10-66ee of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(c) (1) The state shall pay in accordance with this subsection, to the fiscal authority for a state charter school for each student enrolled in such school, for the fiscal year ending June 30, 2006, seven thousand six hundred twenty-five dollars, for the fiscal year ending June 30, 2007, eight thousand dollars, for the fiscal year ending June 30, 2008, eight thousand six hundred fifty dollars, for the fiscal [year] years ending June 30, 2009, [and each fiscal year thereafter,] to June 30, 2011, inclusive, nine thousand three hundred dollars, and for the fiscal year ending June 30, 2012, and each fiscal year thereafter, nine thousand four hundred dollars. Such payments shall be made as follows: Twenty-five per cent of the amount not later than July fifteenth and September fifteenth based on estimated student enrollment on May first, and twenty-five per cent of the amount not later than January fifteenth and the remaining amount not later than April fifteenth, each based on student enrollment on October first. If the total amount appropriated for grants pursuant to this subdivision exceeds eight thousand six hundred fifty dollars per student for the fiscal year ending June 30, 2008, and exceeds nine thousand three hundred dollars for the fiscal year ending June 30, 2009, the amount of such grants payable per student shall be increased proportionately, except that such per student increase shall not exceed seventy dollars. Any amount of such appropriation remaining after such per student increase may be used by the Department of Education for supplemental grants to interdistrict magnet schools pursuant to subdivision (2) of subsection (c) of section 10-264l, as amended by this act, to pay for a portion of the audit required pursuant to section 10-66ll, to pay for expenses incurred by the Department of Education to ensure the continuity of a charter school where required by a court of competent jurisdiction and, in consultation with the Secretary of the Office of Policy and Management, to pay expenses incurred in the creation of a school pursuant to section 10-74g. For the fiscal year ending June 30, 2005, such increase shall be limited to one hundred ten dollars per student. (2) In the case of a student identified as requiring special education, the school district in which the student resides shall: (A) Hold the planning and placement team meeting for such student and shall invite representatives from the charter school to participate in such meeting; and (B) pay the state charter school, on a quarterly basis, an amount equal to the difference between the reasonable cost of educating such student and the sum of the amount received by the state charter school for such student pursuant to subdivision (1) of this subsection and amounts received from other state, federal, local or private sources calculated on a per pupil basis. Such school district shall be eligible for reimbursement pursuant to section 10-76g, as amended by this act. The charter school a student requiring special education attends shall be responsible for ensuring that such student receives the services mandated by the student's individualized education program whether such services are provided by the charter school or by the school district in which the student resides.
Sec. 201. Subsection (f) of section 10-266p of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(f) In addition to the amounts allocated in subsection (a), and subsections (c) to (e), inclusive, of this section, for the fiscal year ending June 30, 2006, the State Board of Education shall allocate two million thirty-nine thousand six hundred eighty-six dollars to the towns that rank one to three, inclusive, in population pursuant to subdivision (1) of said subsection (a), and for the fiscal years ending June 30, 2007, to June 30, [2011] 2013, the State Board of Education shall allocate two million six hundred ten thousand seven hundred ninety-eight dollars to the towns that rank one to three, inclusive, in population pursuant to subdivision (1) of said subsection (a).
Sec. 202. Subdivision (9) of section 10-262f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(9) "Foundation" means (A) for the fiscal year ending June 30, 1990, three thousand nine hundred eighteen dollars, (B) for the fiscal year ending June 30, 1991, four thousand one hundred ninety-two dollars, (C) for the fiscal year ending June 30, 1992, four thousand four hundred eighty-six dollars, (D) for the fiscal years ending June 30, 1993, June 30, 1994, and June 30, 1995, four thousand eight hundred dollars, (E) for the fiscal years ending June 30, 1996, June 30, 1997, and June 30, 1998, five thousand seven hundred eleven dollars, (F) for the fiscal year ending June 30, 1999, five thousand seven hundred seventy-five dollars, (G) for the fiscal years ending June 30, 2000, to June 30, 2007, inclusive, five thousand eight hundred ninety-one dollars, and (H) for the fiscal years ending June 30, 2008, to June 30, [2012] 2013, inclusive, nine thousand six hundred eighty-seven dollars.
Sec. 203. Section 10-65 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Each local or regional school district operating an agricultural science and technology education center approved by the State Board of Education for program, educational need, location and area to be served shall be eligible for the following grants: (1) In accordance with the provisions of chapter 173, through progress payments in accordance with the provisions of section 10-287i, ninety-five per cent of the net eligible costs of constructing, acquiring, renovating and equipping approved facilities to be used for such agricultural science and technology education center, for the expansion or improvement of existing facilities or for the replacement or improvement of equipment therein, and (2) subject to the provisions of section 10-65b, in an amount equal to one thousand three hundred fifty-five dollars per student for every secondary school student who was enrolled in such center on October first of the previous year.
(b) Each local or regional board of education not maintaining an agricultural science and technology education center shall provide opportunities for its students to enroll in one or more such centers in a number that is at least equal to the number specified in any written agreement with each such center or centers, or in the absence of such an agreement, a number that is at least equal to the average number of its students that the board of education enrolled in each such center or centers during the previous three school years, provided, in addition to such number, each such board of education shall provide opportunities for its students to enroll in the ninth grade in a number that is at least equal to the number specified in any written agreement with each such center or centers, or in the absence of such an agreement, a number that is at least equal to the average number of students that the board of education enrolled in the ninth grade in each such center or centers during the previous three school years. If a local or regional board of education provided opportunities for students to enroll in more than one center for the school year commencing July 1, 2007, such board of education shall continue to provide such opportunities to students in accordance with this subsection. The board of education operating an agricultural science and technology education center may charge, subject to the provisions of section 10-65b, tuition for a school year in an amount not to exceed eighty-two and five-tenths per cent of the foundation level pursuant to subdivision (9) of section 10-262f, as amended by this act, per student for the fiscal year in which the tuition is paid, except that such board may charge tuition for (1) students enrolled under shared-time arrangements on a pro rata basis, and (2) special education students which shall not exceed the actual costs of educating such students minus the amounts received pursuant to subdivision (2) of subsection (a) of this section and subsection (c) of this section. Any tuition paid by such board for special education students in excess of the tuition paid for non-special-education students shall be reimbursed pursuant to section 10-76g, as amended by this act.
(c) In addition to the grants described in subsection (a) of this section, within available appropriations, (1) each local or regional board of education operating an agricultural science and technology education center in which more than one hundred fifty of the students in the prior school year were out-of-district students shall be eligible to receive a grant in an amount equal to five hundred dollars for every secondary school student enrolled in such center on October first of the previous year, (2) on and after July 1, 2000, if a local or regional board of education operating an agricultural science and technology education center that received a grant pursuant to subdivision (1) of this subsection no longer qualifies for such a grant, such local or regional board of education shall receive a grant in an amount determined as follows: (A) For the first fiscal year such board of education does not qualify for a grant under said subdivision (1), a grant in the amount equal to four hundred dollars for every secondary school student enrolled in its agricultural science and technology education center on October first of the previous year, (B) for the second successive fiscal year such board of education does not so qualify, a grant in an amount equal to three hundred dollars for every such secondary school student enrolled in such center on said date, (C) for the third successive fiscal year such board of education does not so qualify, a grant in an amount equal to two hundred dollars for every such secondary school student enrolled in such center on said date, and (D) for the fourth successive fiscal year such board of education does not so qualify, a grant in an amount equal to one hundred dollars for every such secondary school student enrolled in such center on said date, and (3) each local and regional board of education operating an agricultural science and technology education center that does not receive a grant pursuant to subdivision (1) or (2) of this subsection shall receive a grant in an amount equal to sixty dollars for every secondary school student enrolled in such center on said date.
(d) (1) If there are any remaining funds after the amount of the grants described in subsections (a) and (c) of this section are calculated, within available appropriations, each local or regional board of education operating an agricultural science and technology education center shall be eligible to receive a grant in an amount equal to one hundred dollars for each student enrolled in such center on October first of the previous school year. (2) If there are any remaining funds after the amount of the grants described in subdivision (1) of this subsection are calculated, within available appropriations, each local or regional board of education operating an agricultural science and technology education center that had more than one hundred fifty out-of-district students enrolled in such center on October first of the previous school year shall be eligible to receive a grant based on the ratio of the number of out-of-district students in excess of one hundred fifty out-of-district students enrolled in such center on said date to the total number of out-of-district students in excess of one hundred fifty out-of-district students enrolled in all agricultural science and technology education centers that had in excess of one hundred fifty out-of-district students enrolled on said date.
(e) For the fiscal years ending June 30, 2012, and June 30, 2013, the Department of Education shall allocate five hundred thousand dollars to local or regional boards of education operating an agricultural science and technology education center in accordance with the provisions of subsections (b) to (d), inclusive, of this section.
Sec. 204. (Effective July 1, 2011) (a) The Commissioner of Education, in consultation with the Commissioner of Higher Education, shall (1) establish within existing budgetary resources, or (2) apply for any available federal, state or private money to enable said commissioners to establish, a college transition pilot program with (A) the adult education program in New Haven and Gateway Community College, (B) the adult education program in Manchester and Manchester Community College, and (C) the adult education program in Meriden and Middlesex Community College.
(b) The college transition pilot program shall offer college preparatory classes to adults who (1) have obtained a high school diploma or its equivalent, and (2) require intensive postsecondary developmental education that will enable such adults to enroll directly in a program of higher learning, as defined in section 10a-34 of the general statutes, at an institution of higher education upon completion of such pilot program.
(c) Not later than October 1, 2012, the Commissioners of Education and Higher Education shall report to the joint standing committees of the General Assembly having cognizance of matters relating to higher education and education, in accordance with the provisions of section 11-4a of the general statutes, concerning the results of the pilot program. The report shall include, but not be limited to: (1) The number, ages and educational history of the adults who participated in the pilot program; (2) the dates each adult participated in such pilot program; (3) the subject matter in which each such adult required postsecondary developmental education; (4) a description of the college preparatory classes that were offered through such pilot program; (5) the level of improvement of each such adult in each subject matter in which such adult required postsecondary developmental education; (6) the results of any college placement examinations taken by each such adult and the dates of such examinations; (7) whether any adults who participated in such pilot program applied for acceptance to, enrolled in or registered for a program of higher learning at an institution of higher education prior to or upon completion of such pilot program and, if so, a description of such program of higher learning; and (8) the cost of offering college preparatory classes through such pilot program in comparison to the cost of offering the equivalent or similar postsecondary developmental education classes at an institution of higher education in this state.
Sec. 205. (Effective July 1, 2011) (a) The Commissioner of Education, in consultation with the Commissioner of Higher Education, shall (1) establish within existing budgetary resources, or (2) apply for any available federal, state or private money to enable such commissioners to establish a college transition pilot program at James Hillhouse High School and Gateway Community College.
(b) The college transition pilot program shall offer college preparatory classes to high school students who (1) have not yet obtained a high school diploma or its equivalent, and (2) require intensive developmental education that will enable such students to enroll directly in a program of higher learning, as defined in section 10a-34 of the general statutes, at an institution of higher education upon completion of such pilot program.
(c) Not later than October 1, 2012, the Commissioners of Education and Higher Education shall report to the joint standing committees of the General Assembly having cognizance of matters relating to higher education and education, in accordance with the provisions of section 11-4a of the general statutes, concerning the results of the pilot program. The report shall include, but not be limited to: (1) The number, ages and educational history of the students who participated in the pilot program; (2) the dates each student participated in such pilot program; (3) the subject matter in which each such student required developmental education; (4) a description of the college preparatory classes that were offered through such pilot program; (5) the level of improvement of each such student in each subject matter in which such student required developmental education; (6) the results of any college placement examinations taken by each such student and the dates of such examinations; (7) whether any students who participated in such pilot program applied for acceptance to, enrolled in or registered for a program of higher learning at an institution of higher education prior to or upon completion of such pilot program and, if so, a description of such program of higher learning; and (8) the cost of offering college preparatory classes through such pilot program in comparison to the cost of offering the equivalent or similar developmental education classes at an institution of higher education in this state.
Sec. 206. Subsection (a) of section 7-127d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is established a neighborhood youth center grant program which shall be administered by the [Office of Policy and Management, except that operation of the program shall be suspended for the fiscal years ending June 30, 2004, and June 30, 2005] Department of Education.
Sec. 207. Section 7-127e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [Office of Policy and Management] Department of Education shall solicit competitive proposals under this program for the fiscal [years] year beginning July 1, [1996, and July 1, 1999] 2011, and every two years thereafter. [, except that no competitive proposals shall be solicited for the fiscal years ending June 30, 2004, and June 30, 2005. The Office of Policy and Management] The Department of Education shall notify the eligible agencies of the amount of funds provided for each city in accordance with section 7-127d. Eligible agencies may file a grant application with the [Office of Policy and Management] Department of Education on such form and at such time as [that office] the department may require.
(b) Grant funds made available for the provisions of sections 7-127d to 7-127g, inclusive, shall not be used to supplant existing services. A minimum of twenty-five per cent of the total program costs for each neighborhood youth center program shall be supported with local funds or in-kind contributions which may include federal, local and private funds which support existing services.
(c) The [Office of Policy and Management] Department of Education shall review all grant applications received and make the decisions concerning which applications shall be funded and at what funding levels. Criteria for such decisions shall include (1) documentation of need for the program through crime and poverty statistics for the neighborhood to be served; (2) responsiveness to program component requirements; (3) reasonableness of costs; (4) soundness of program plan; (5) experience of the applicant agency in providing youth recreational services; and (6) evidence of collaboration and coordination with other children's services providers in the neighborhood. The [Office of Policy and Management] Department of Education shall convene and chair an advisory committee to assist in grant application review. Such committee shall include representatives of [the Office of Policy and Management,] the Judicial Department, and the Departments of Children and Families, Education, Public Health and Social Services.
(d) In order to be eligible to receive funds from the [Office of Policy and Management] Department of Education for the Leadership, Education, Athletics in Partnership (LEAP) program, or the neighborhood youth centers program, an applicant must provide a match of at least fifty per cent of the grant amount. The cash portion of such match shall be at least twenty-five per cent of the grant amount.
Sec. 208. Section 10a-169 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) For the fiscal year commencing on July 1, 1987, and thereafter, any student (1) who is a resident of the state as defined under sections 10a-28, 10a-29, and 10a-30, (2) who has not received a baccalaureate degree, and (3) who has been accepted for study on a full-time or part-time basis at any postsecondary school, technical institute, college or university within the state or in any other state which permits its students to bring state student financial assistance funds into Connecticut shall be eligible for financial assistance under the capitol scholarship grant program at any stage of postsecondary study. All such institutions shall be previously approved or accredited by the Board of Governors of Higher Education or by the State Board of Education for postsecondary study. Grants under said program shall be based on financial need and either previous high school academic achievement or performance on standardized academic aptitude tests, as determined by the Board of Governors of Higher Education. The maximum award tendered to a student attending an institution in the state shall not exceed three thousand dollars annually. The maximum award tendered to a student attending an out-of-state institution shall not exceed five hundred dollars annually. Sums so awarded shall be disbursed by the accepting institution on behalf of the student for tuition fees, books, board or any legitimate educational expense.
(b) Notwithstanding the provisions of subsection (a) of this section, for the fiscal years ending June 30, 2012, and June 30, 2013, (1) no student shall be eligible for financial assistance under the capitol scholarship grant program unless such student was eligible and received financial assistance in the fiscal year ending June 30, 2011, and (2) grants under said program shall be reduced proportionately if the total amount of such grants exceeds the amount appropriated to the capitol scholarship program in section 1 of public act 11-6.
Sec. 209. Subsection (a) of section 11-24b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Each principal public library, as defined in section 11-24a, shall be eligible to receive a state grant in accordance with the provisions of subsections (b), (c) and (d) of this section provided the following requirements are met:
(1) An annual statistical report which includes certification that the grant, when received, shall be used for library purposes is filed with the State Library Board in such manner as the board may require. The report shall include information concerning local library governance, hours of service, type of facilities, library policies, resources, programs and services available, measurement of levels of services provided, personnel and fiscal information concerning library receipts and expenditures;
(2) Documents certifying the legal establishment of the principal public library in accordance with the provisions of section 11-20 are filed with the board;
(3) The library is a participating library in the Connecticard program established pursuant to section 11-31b;
(4) Except for the fiscal years ending June 30, 2010, [and] to June 30, [2011] 2013, inclusive, the principal public library shall not have had the amount of its annual tax levy or appropriation reduced to an amount which is less than the average amount levied or appropriated for the library for the three fiscal years immediately preceding the year of the grant, except that if the expenditures of the library in any one year in such three-year period are unusually high as compared with expenditures in the other two years, the library may request an exception to this requirement and the board, upon review of the expenditures for that year, may grant an exception;
(5) State grant funds shall be expended within two years of the date of receipt of such funds. If the funds are not expended in that period, the library shall submit a plan to the State Librarian for the expenditure of any unspent balance;
(6) Principal public libraries shall not charge individuals residing in the town in which the library is located or the town in which the contract library is located for borrowing and lending library materials, accessing information, advice and assistance and programs and services which promote literacy; and
(7) Principal public libraries shall provide equal access to library service for all individuals and shall not discriminate upon the basis of age, race, sex, religion, national origin, handicap or place of residency in the town in which the library is located or the town in which the contract library is located.
Sec. 210. Subdivision (3) of subsection (a) of section 10-264i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(3) For districts assisting the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as determined by the commissioner, (i) for the fiscal year ending June 30, 2010, the amount of such grant shall not exceed an amount equal to the number of such children transported multiplied by one thousand four hundred dollars, and (ii) for the fiscal [year] years ending June 30, 2011, to June 30, 2013, inclusive, the amount of such grant shall not exceed an amount equal to the number of such children transported multiplied by two thousand dollars.
Sec. 211. (NEW) (Effective July 1, 2011) (a) There shall be a Board of Regents for Higher Education who shall serve as the governing body for the regional community-technical college system, the Connecticut State University System and Charter Oak State College. The board shall consist of nineteen members who shall be distinguished leaders of the community in Connecticut. The board shall reflect the state's geographic, racial and ethnic diversity. The voting members shall not be employed by or be a member of a board of trustees for any independent institution of higher education in this state or the Board of Trustees for The University of Connecticut nor shall they be employed by or be elected officials of any public agency as defined in subdivision (1) of section 1-200 of the general statutes, during their term of membership on the Board of Regents for Higher Education. The Governor shall appoint nine members to the board as follows: Three members for a term of two years; three members for a term of four years; and three members for a term of six years. Thereafter, the Governor shall appoint members of the board to succeed such appointees whose terms expire and each member so appointed shall hold office for a period of six years from the first day of July in the year of his or her appointment. Four members of the board shall be appointed as follows: One appointment by the president pro tempore of the Senate, who shall be an alumnus of the regional community-technical college system, for a term of four years; one appointment by the minority leader of the Senate, who shall be an alumnus of the Connecticut State University System, for a term of three years; one appointment by the speaker of the House of Representatives, who shall be a specialist in the education of children in grades kindergarten to twelve, inclusive, for a term of four years; and one appointment by the minority leader of the House of Representatives, who shall be an alumnus of Charter Oak State College, for a term of three years. Thereafter, such members of the General Assembly shall appoint members of the board to succeed such appointees whose terms expire and each member so appointed shall hold office for a period of four years from the first day of July in the year of his or her appointment. The chairperson and vice-chairperson of the student advisory committee created under section 10a-3 of the general statutes, as amended by this act, shall serve as members of the board. The Commissioners of Education, Economic and Community Development and Public Health and the Labor Commissioner shall serve as ex-officio, nonvoting members of the board.
(b) The initial members of the Board of Regents for Higher Education may begin service immediately upon appointment without regard to section 4-19 of the general statutes, but shall not serve past the sixth Wednesday of the next regular session of the General Assembly unless qualified in the manner provided in said section. Thereafter, all appointments shall be made with the advice and consent of the General Assembly, in the manner provided in section 4-19 of the general statutes. Any vacancy in the Board of Governors of Regents for Higher Education shall be filled in the manner provided in section 4-19 of the general statutes.
(c) The Governor shall appoint the chairperson of the board, who shall serve for a term of three years. The board shall elect from its members a vice-chairperson and such other officers as it deems necessary. Vacancies among any officers shall be filled within thirty days following the occurrence of such vacancy in the same manner as the original selection. Said board shall establish bylaws to govern its procedures and shall appoint such committees and advisory boards as may be convenient or necessary in the transaction of its business.
Sec. 212. (NEW) (Effective July 1, 2011) (a) The Governor shall appoint an interim president of the Board of Regents for Higher Education who shall serve as president until a successor is appointed and confirmed. On or after January 1, 2012, the president of the Board of Regents for Higher Education shall be recommended by the board and appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, of the general statutes with the powers and duties prescribed by said sections. The president shall (1) have the responsibility for implementing the policies and directives of the board and any additional responsibilities as the board may prescribe, (2) implement the goals identified and recommendations made pursuant to section 10a-11b of the general statutes, (3) build interdependent support among the Connecticut State University System, the regional community-technical college system and Charter Oak State College, (4) balance central authority with institutional differentiation, autonomy and creativity, and (5) facilitate cooperation and synergy among Connecticut State University System, the regional community-technical college system and Charter Oak State College. Such president may designate an alternate to serve as a member of any commission, foundation or committee upon which the general statutes require such president to serve. Such designee may vote on behalf of such president. There shall be an executive staff responsible for the operation of the Board of Regents for Higher Education. The executive staff shall be under the direction of the president of the Board of Regents for Higher Education, who shall be the chief executive officer of the Board of Regents for Higher Education and shall administer, coordinate and supervise the activities of the board in accordance with the policies established by the board.
(b) The president may employ staff as is deemed necessary, including, but not limited to, temporary assistants and consultants. The board shall establish terms and conditions of employment of its staff, prescribe their duties and fix the compensation of its professional and technical personnel.
(c) Upon recommendation of the president, the Board of Regents shall appoint two vice presidents who shall serve as liaisons for the Board of Regents with respect to the Connecticut State University System and the regional community-technical colleges.
Sec. 213. Section 10a-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There shall be a [standing committee which shall serve as an advisory body] student advisory committee to the Board of [Governors of] Regents for Higher Education to assist the board in performing its statutory functions. The committee shall consist of the following student members: [(1)] One member from each of the [Boards of Trustees of the Connecticut State University System and The University of Connecticut, two members from the Board of Trustees of the Community-Technical Colleges, one of whom shall be an alumnus of a regional technical college or shall have expertise and experience in business, labor, industry or technical occupations, and one member from a board of trustees of an independent college; (2) one member from the administrative staff of each of said constituent units, except that for the community-technical colleges there shall be two members, one of whom shall be an administrator at a former technical college, and one member from the administrative staff of an independent college; (3) one member from the faculty senate representing each of said constituent units, except that for the community-technical colleges, there shall be two faculty members, one of whom shall be a technical or technological education faculty member at a former technical college, and one member from the faculty of an independent college; (4) one student from each of said constituent units, except that for the community-technical colleges there shall be two students one of whom shall be enrolled in a technical or technological education program at a former technical college, and one student from an independent college; (5) one representative of the Board for State Academic Awards; and (6) one representative from the accredited private occupational schools of Connecticut] institutions within the jurisdiction of the Connecticut State University System, one member from each of the regional community-technical colleges and one member from Charter Oak State College. Such members shall serve a term of two years. If any member ceases to be a matriculating student in good standing, either as a full-time or part-time undergraduate or graduate student at the institution within the constituent unit system that elected such student, the membership of such student shall terminate. If the membership of any such student member terminates, the student government organization of the institution of higher education that elected such member shall, not later than thirty days after the membership terminates and in such a manner as the council determines, elect a student member who shall serve for the remainder of the term.
(b) The members of the committee and alternates for such members shall be elected by the [constituents] student government organization of the institution of higher education they are to represent. [, in accordance with procedures established by the respective boards of trustees, except the Connecticut Conference of Independent Colleges shall serve as the appointing authority for members to represent independent colleges and the Accredited Private Occupational Schools of Connecticut shall serve as the appointing authority for its member.] The alternate members of the committee may serve in the absence of the regularly elected member.
(c) The committee shall, on a rotating basis among its members and by a consensus vote of all its members, elect its own [chairman and secretary] chairperson and vice-chairperson, one of whom shall be a member from the Connecticut State University System and the other of whom shall be a member of the regional community-technical colleges, and such other officers as it deems necessary, to serve for a term of two years. The committee shall be deemed to be a public agency within the scope of the Freedom of Information Act, as defined in section 1-200, and shall keep such records as may be appropriate.
(d) The committee, established pursuant to subsection (a) of this section, shall meet at least [twice annually] biannually with the Board of [Governors of] Regents for Higher Education. Agendas shall be prepared for such meetings and shall be distributed by the board prior thereto and shall consist of matters recommended for inclusion by the chairman of the Board of [Governors of] Regents for Higher Education and the committee. Such meetings shall be chaired by the [chairman] chairperson of the Board of [Governors of] Regents for Higher Education and the committee members shall have the right to participate in all discussions and deliberations, but shall not have the right to vote at such meetings.
Sec. 214. (NEW) (Effective July 1, 2011) (a) There shall be a faculty advisory committee to the Board of Regents for Higher Education to assist the board in performing its statutory functions. The committee shall consist of the following members: Three faculty members from the Connecticut State University System, three faculty members from the regional community-technical college system and one faculty member from Charter Oak State College. Such members shall serve a term of two years. If the membership of any such faculty member terminates, the constituent unit that elected such member shall, not later than thirty days after the membership terminates and in such manner as the council determines, elect a faculty member who shall serve for the remainder of the term.
(b) The members of the committee and alternates for such members shall be elected pursuant to a system-wide election by the faculty senates representing each of the constituent units they are to represent. The alternate members of the committee may serve in the absence of the regularly elected member.
(c) The committee shall, on a rotating basis among its members, elect its own chairperson and vice-chairperson, one of whom shall be a member from the Connecticut State University System and the other of whom shall be a member of the regional community-technical colleges and such other officers as it deems necessary, to serve for a term of two years. The committee shall be deemed to be a public agency within the scope of the Freedom of Information Act, as defined in section 1-200 of the general statutes, and shall keep such records as may be appropriate.
(d) The committee, established pursuant to subsection (a) of this section, shall meet at least biannually with the Board of Regents for Higher Education. Agendas shall be prepared for such meetings and shall be distributed by the board prior thereto and shall consist of matters recommended for inclusion by the chairman of the Board of Regents for Higher Education and the committee. Such meetings shall be chaired by the chairperson of the Board of Regents for Higher Education and the committee members shall have the right to participate in all discussions and deliberations, but shall not have the right to vote at such meetings.
(e) Beginning on January 1, 2012, and annually thereafter, the faculty advisory committee shall report to the joint standing committees of the General Assembly having cognizance of matters relating to higher education and appropriations, in accordance with the provisions of section 11-4a of the general statutes, regarding the performance of its statutory functions and its biannual meetings with the Board of Regents for Higher Education.
Sec. 215. Section 10a-8 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The provisions of sections 4-77 and 4-78 shall not apply to the constituent units of the state system of higher education, and for the purposes of said sections only, the Board of [Governors of] Regents for Higher Education shall be deemed the budgeted agency for [such constituent units] the Connecticut State University System, the regional community-technical college system and Charter Oak State College. The Board of [Governors of] Regents for Higher Education shall develop a formula or program-based budgeting system to be used by each institution [and constituent board] in preparing operating budgets. The Board of [Governors of] Regents for Higher Education shall prepare a single [public higher education] budget request itemized by the [individual institution and branch] Connecticut State University System, the regional community-technical colleges and the Board for State Academic Awards using the formula or program-based budgeting system and shall submit such budget request displaying all operating funds to the Secretary of the Office of Policy and Management in accordance with sections 4-77 and 4-78, subject to procedures developed by the Board of [Governors of] Regents for Higher Education and approved by said secretary. The budget request [of the Boards of Trustees of The University of Connecticut, the Community-Technical Colleges and the Connecticut State University System] shall set forth, in the form prescribed by the Board of [Governors of] Regents for Higher Education, a proposed expenditure plan which shall include: (1) The total amount requested for such appropriation account; (2) the amount to be appropriated from the General Fund; and (3) the amount to be paid from the tuition revenues of [The University of Connecticut,] the regional community-technical colleges and the Connecticut State University System. After review and comment by the Board of [Governors of] Regents for Higher Education, the proposed expenditure plans shall be incorporated into the single public higher education budget request including recommendations, if any, by said board. Any tuition increase proposed by the [Boards of Trustees of The University of Connecticut, the] Community-Technical Colleges and the Connecticut State University System for the fiscal year to which the budget request relates shall be included in the single public higher education budget request submitted by the Board of [Governors of] Regents for Higher Education for such fiscal year, provided if the General Assembly does not appropriate the amount requested by any such board of trustees, such board of trustees may increase tuition and fees by an amount greater than that included in the budget request in response to which the appropriation was made. The General Assembly shall make appropriations directly to the constituent [unit boards. Said constituent unit boards shall allocate appropriations to the individual institutions and branches with due consideration to the program or formula-based budget used to develop the appropriation as approved by the General Assembly or as otherwise specified in the approved appropriation] units. Allotment reductions made pursuant to the provisions of subsections (b) and (c) of section 4-85 shall be applied by the Board of [Governors of] Regents for Higher Education among the appropriations to the constituent [unit boards] units without regard to the limitations on reductions provided in said section, except that said limitations shall apply to the total of the amounts appropriated. [to the higher education budgeted agencies.] The Board of [Governors of] Regents for Higher Education shall apply such reductions after consultation with the Secretary of the Office of Policy and Management. [and the constituent unit boards.] Any reductions of more than five per cent of the appropriations of any constituent units shall be submitted to the appropriations committee which shall, within [ten] thirty days, approve or reject such reduction.
(b) The boards of trustees of each of the constituent units may transfer to or from any specific appropriation of such constituent unit a sum or sums totaling up to fifty thousand dollars or ten per cent of any such specific appropriation, whichever is less, in any fiscal year without the consent of the Finance Advisory Committee. Any such transfer shall be reported to the Finance Advisory Committee within thirty days of such transfer and such report shall be a record of said committee.
Sec. 216. Section 10a-71 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
[(a) There shall be a] Beginning on January 1, 2012, the Board of Regents for Higher Education shall serve as the Board of Trustees for Community-Technical Colleges. [to consist] The Board of Trustees for Community-Technical Colleges that is in office on June 30, 2011, shall remain in office until December 31, 2011, to provide assistance in transitioning duties and responsibilities to the Board of Regents for Higher Education during the period of July 1, 2011, to December 31, 2011. For the transition period of July 1, 2011, to December 31, 2011, any action of the Board of Trustees shall not be final until ratified by the Board of Regents for Higher Education. Until December 31, 2011, there shall be a Board of Trustees for Community-Technical Colleges consisting, except as otherwise provided in this section, of twenty-four persons, twenty-two to be appointed by the Governor, who shall reflect the state's geographic, racial and ethnic diversity, one of whom shall be a regional community college or regional community-technical college alumnus and one of whom shall be a regional technical college or regional community-technical college alumnus and two to be elected by the students enrolled at the institutions under the jurisdiction of said board. Except as otherwise provided, members appointed by the Governor shall serve for terms of six years each from July first in the year of their appointment. On or before August 15, 1989, the Governor shall appoint one member who shall be a regional technical or community-technical college alumnus for a term which shall expire on June 30, 1995, to replace the regional community college alumnus whose term expires June 30, 1989, and eight members who shall have expertise and experience in business, labor, industry or the technical occupations, three for terms which shall expire on June 30, 1991, three for terms which shall expire on June 30, 1993, and two for terms which shall expire June 30, 1995. Thereafter the Governor shall appoint members of said board to succeed those appointees whose terms expire, except that (1) with respect to the members of such board of trustees who were members of the Board of Trustees of the Regional Community Colleges prior to July 1, 1989, the Governor shall appoint two members to replace the four members whose terms expire on June 30, 1991, and shall appoint four members, one of whom shall be a regional community or community-technical college alumnus, to replace the five members whose terms expire on June 30, 1993, and (2) with respect to the members of the board appointed on or after July 1, 1989, and on or before August 15, 1989, the Governor shall appoint one member to replace the three members whose terms expire on June 30, 1991, and shall appoint two members to replace the three members whose terms expire on June 30, 1993. On and after July 1, 1993, the board shall at all times include at least six members who have expertise and experience in business, labor or industry. On and after July 1, 1999, the board shall at all times include at least one member from each county in which a community-technical college is located. On and after July 1, 2010, the board shall at all times include at least two members who have, through education or experience, an understanding of relevant accounting principles and practices and financial statements.
(b) On or before November 1, 1975, the students enrolled at the institutions under the jurisdiction of said board shall, in such manner as said board shall determine, elect two members of said board, each of whom shall be enrolled for at least six credits at an institution under the jurisdiction of said board at the time of his election. One such member shall be elected for a term of one year from November 1, 1975, and one for a term of two years from said date. On or before November first, and annually thereafter, such students shall, in such manner as the board shall determine, elect one member of said board, who shall be so enrolled at any such institution at the time of his election and who shall serve for a term of two years from November first in the year of his election, except that the term of the regional community college student whose term expires on October 31, 1989, shall expire on July 1, 1989, and the student member of the Board of Trustees of the State Technical Colleges prior to July 1, 1989, whose term was to expire on October 31, 1989, shall, on July 1, 1989, be a member of the Board of Trustees of the Community-Technical Colleges until October 31, 1989. The regional community college student whose term expires on October 31, 1990, shall continue as a member of said board until said date. On and after July 1, 1989, the student members of said board shall be elected as follows: (1) (A) On or before November 1, 1989, and until July 1, 1993, students enrolled at the regional technical colleges shall, in such manner as the board shall determine, elect one member of said board, who shall be enrolled for at least six credits at a regional technical college at the time of his election and who shall serve for a term of two years from November first in the year of his election, and (B) on or before November 1, 1990, students enrolled at the regional community colleges shall, in such manner as the board of trustees shall determine, elect one member of said board who shall be enrolled for at least six credits at a regional community college at the time of his election and who shall serve for a term of two years from November first in the year of his election. (2) On and after July 1, 1993, the student members of the board shall be elected as follows: (A) On or before November 1, 1993, and biennially thereafter, students enrolled in the institutions under the jurisdiction of the board shall, in such manner as the board shall determine, elect one member of the board, who shall be enrolled for at least six credits in a technical program at such an institution and who shall serve for a term of two years from November first in the year of his election, and (B) on or before November 1, 1994, and biennially thereafter, students enrolled in the institutions under the jurisdiction of the board shall, in such manner as the board shall determine, elect one member of the board, who shall be enrolled for at least six credits in a nontechnical program at such an institution and who shall serve for a term of two years from November first in the year of his election.
(c) The Governor shall, pursuant to section 4-9a, as amended by this act, appoint the chairperson of the board. The board shall, biennially, elect from its members such other officers as it deems necessary. The Governor shall fill any vacancies in the appointed membership of said board by appointment for the balance of the unexpired term. Any vacancies in the elected membership of said board shall be filled by special election for the balance of the unexpired term. The members of said board shall receive no compensation for their services as such but shall be reimbursed for their necessary expenses in the course of their duties.
Sec. 217. Section 10a-72 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Subject to state-wide policy and guidelines established by the Board of [Governors of] Regents for Higher Education, said board of trustees shall administer the regional community-technical colleges and plan for the expansion and development of the institutions within its jurisdiction. [and submit such plans to the Board of Governors of Higher Education for review and recommendations.] The Commissioner of Public Works on request of the board of trustees shall, in accordance with section 4b-30, negotiate and execute leases on such physical facilities as the board of trustees may deem necessary for proper operation of such institutions, and said board of trustees may expend capital funds therefor, if such leasing is required during the planning and construction phases of institutions within its jurisdiction for which such capital funds were authorized. The board of trustees may appoint and remove the chief executive officer of each institution within its jurisdiction. [, and with respect to its own operation the board may appoint and remove a chancellor and an executive staff. The board of trustees may determine the size of the executive staff and the duties, terms and conditions of employment of a chancellor and staff, subject to personnel guidelines established by the Board of Governors of Higher Education in consultation with said board of trustees, provided said board of trustees may not appoint or reappoint members of the executive staff for terms longer than one year.] The board of trustees may employ the faculty and other personnel needed to operate and maintain the institutions within its jurisdiction. Within the limitation of appropriations, the board of trustees shall fix the compensation of such personnel, establish terms and conditions of employment and prescribe their duties and qualifications. Said board of trustees shall determine who constitutes its professional staff and establish compensation and classification schedules for its professional staff. Said board shall annually submit to the Commissioner of Administrative Services a list of the positions which it has included within the professional staff. The board shall establish a division of technical and technological education. The board of trustees shall confer such certificates and degrees as are appropriate to the curricula of community-technical colleges. [subject to the approval of the Board of Governors of Higher Education.] The board of trustees shall [with the advice of, and subject to the approval of, the Board of Governors of Higher Education,] prepare plans for the development of a regional community-technical college and submit the same to the Commissioner of Public Works and request said commissioner to select the site for such college. Within the limits of the bonding authority therefor, the commissioner, subject to the provisions of section 4b-23, may acquire such site and construct such buildings as are consistent with the plan of development. [approved by the Board of Governors of Higher Education.]
(b) Subject to state-wide policy and guidelines established by the Board of [Governors of] Regents for Higher Education, the board of trustees shall:
(1) Make rules for the governance of the regional community-technical colleges, determine the general policies of said colleges, including those concerning the admission of students, and direct the expenditure of said colleges' funds within the amounts available;
(2) Develop mission statements for the regional community-technical colleges: The mission statement for the regional community-technical colleges shall include, but need not be limited to the following elements: (A) The educational needs of and constituencies served by said colleges; (B) the degrees offered by said colleges, and (C) the role and scope of each institution within the community-technical college system, which shall include each institution's particular strengths and specialties; [. The board of trustees shall submit the mission statement to the Board of Governors of Higher Education for review and approval in accordance with the provisions of section 10a-6;]
(3) Establish policies for the regional community-technical colleges;
(4) Establish policies which protect academic freedom and the content of courses and degree programs;
(5) [Submit to the Board of Governors of Higher Education, for approval, recommendations for the establishment of] Establish new academic programs;
(6) Make [recommendations to the Board of Governors of Higher Education, when appropriate, regarding] institutional mergers or closures;
(7) Coordinate the programs and services of the institutions under its jurisdiction;
(8) Promote fund-raising by the institutions under its jurisdiction in order to assist such institutions, provided the board shall not directly engage in fund-raising except for purposes of providing funding for (A) scholarships or other direct student financial aid and (B) programs, services or activities at one or more of the institutions within its jurisdiction and report to [the Commissioner of Higher Education and] the joint standing committee of the General Assembly having cognizance of matters relating to higher education by January 1, 1994, and biennially thereafter, on all such fund-raising; and
(9) Charge the direct costs for a building project under its jurisdiction to the bond fund account for such project; provided, (A) such costs are charged in accordance with a procedure approved by the Treasurer and (B) nothing in this subdivision shall permit the charging of working capital costs, as defined in the applicable provisions of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, or costs originally paid from sources other than the bond fund account.
(c) [The board of trustees shall: (1) Review and approve institutional budget requests and prepare and submit to the Board of Governors of Higher Education, in accordance with the provisions of section 10a-8, the budget requests; and (2) propose facility planning and capital expenditure budget priorities for the institutions and divisions under its jurisdiction.] The board of trustees may request authority from the Treasurer to issue payment for claims against said colleges, other than a payment for payroll, debt service payable on state bonds to bondholders, paying agents, or trustees, or any payment the source of which includes the proceeds of a state bond issue.
Sec. 218. Subsection (c) of section 10a-77 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(c) Commencing December 1, 1984, and thereafter not later than sixty days after the close of each quarter, the board of trustees shall submit to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and the Office of Policy and Management [, through the Board of Governors of Higher Education,] a report on the actual expenditures of the Regional Community-Technical Colleges Operating Fund. [containing such relevant information as the Board of Governors of Higher Education may require.]
Sec. 219. Subsection (f) of section 10a-77 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(f) Said board shall set aside from its anticipated regional community-technical college tuition revenue, an amount not less than that required by [the board of governors'] said board's tuition policy. [established under subdivision (3) of subsection (a) of section 10a-6.] Such funds shall be used to provide tuition waivers, tuition remissions, grants for educational expenses and student employment for residents enrolled in regional community-technical colleges as full or part-time matriculated students in a degree-granting program, or enrolled in a precollege remedial program, who demonstrate substantial financial need. Said board may also set aside from its anticipated tuition revenue an additional amount equal to one per cent of said tuition revenue for financial assistance for students who would not otherwise be eligible for financial assistance but who do have a financial need as determined by the college in accordance with this subsection. In determining such financial need, the college shall exclude the value of equity in the principal residence of the student's parents or legal guardians, or in the student's principal residence if the student is not considered to be a dependent of his parents or legal guardians and shall assess the earnings of a dependent student at the rate of thirty per cent.
Sec. 220. Section 10a-88 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
[There shall continue to be a] Beginning on January 1, 2012, the Board of Regents for Higher Education shall serve as the Board of Trustees for the Connecticut State University System. [to consist] The Board of Trustees for the Connecticut State University System that is in office on June 30, 2011, shall remain in office until December 31, 2011, to provide assistance in transitioning duties and responsibilities to the Board of Regents for Higher Education during the period of July 1, 2011, to December 31, 2011, any action of the Board of Trustees shall not be final until ratified by the Board of Regents for Higher Education. Until December 31, 2011, there shall be a Board of Trustees for the Connecticut State University System consisting of eighteen members, fourteen to be appointed by the Governor, who shall reflect the state's geographic, racial and ethnic diversity; two of whom shall be state college or Connecticut State University System alumni; and four students, one from each state university elected by the students enrolled at such state university. On or before July 1, 1983, the Governor shall appoint members to the board as follows: Five members, one of whom shall be a state college or Connecticut State University System alumnus, for a term of two years from said date; five members, one of whom shall be a state college or Connecticut State University System alumnus, for a term of four years from said date, and four members for a term of six years from said date. Thereafter the Governor shall appoint members of said board to succeed those appointees whose terms expire, such members to serve for terms of six years each from July first in the year of their appointment, provided two of the members appointed for terms commencing July 1, 1995, and their successors shall be state college or Connecticut State University System alumni, one of the members appointed for a term commencing July 1, 1997, and his or her successors shall be such alumni and two of the members appointed for terms commencing July 1, 1999, and their successors shall be such alumni. On and after July 1, 1999, the board shall at all times include at least one member from each county in which a state university is located. (1) On or before November 1, 1975, the students enrolled at the institutions under the jurisdiction of the board shall, in such manner as the board determines, elect two members of the board, each of whom shall be enrolled as a full-time student at an institution under the jurisdiction of the board at the time of his or her election. One such member shall be elected for a term of one year from November 1, 1975, and one for a term of two years from said date. On or before November 1, 1976, until July 1, 1997, such students shall, in such manner as the board determines, elect one member of the board, who shall be so enrolled at any such institution at the time of his or her election and who shall serve for a term of two years from November first in the year of his or her election, except that the term of the member due to expire on October 31, 1998, shall expire on October 31, 1997. (2) On and after July 1, 1997, until June 30, 2007, the student members of the board shall be elected as follows: (A) (i) On or before November 1, 1997, the students enrolled at Central Connecticut State University shall, in such manner as the board determines, elect one member of the board who shall be a full-time student at such state university at the time of his or her election and who shall serve for a term of one year from said November first, and (ii) on or before November 1, 1998, and biennially thereafter, the students enrolled at Central Connecticut State University shall, in such manner as the board determines, elect one member of the board who shall be a full-time student at such state university at the time of his or her election and who shall serve for a term of two years from November first in the year of his or her election; (B) (i) on or before November 1, 1997, the students enrolled at Eastern Connecticut State University shall, in such manner as the board determines, elect one member of the board who shall be a full-time student at such state university at the time of his or her election and who shall serve for a term of one year from said November first, and (ii) on or before November 1, 1998, and biennially thereafter, the students enrolled at Eastern Connecticut State University shall, in such manner as the board determines, elect one member of the board who shall be a full-time student at the time of his or her election and who shall serve for a term of two years from the November first in the year of his or her election; (C) on or before November 1, 1997, and biennially thereafter, the students enrolled at Southern Connecticut State University shall, in such manner as the board determines, elect one member of the board who shall be a full-time student at such university at the time of his or her election and who shall serve for a term of two years from the November first in the year of his or her election; and (D) on or before November 1, 1997, and biennially thereafter, the students at Western Connecticut State University shall, in such manner as the board determines, elect one member of the board who shall be a full-time student at such state university at the time of his or her election and who shall serve for a term of two years from the November first in the year of his or her election. Notwithstanding the provisions of this subsection, the term of any student member elected pursuant to this subdivision during calendar year 2005 or 2006, shall terminate June thirtieth of the year in which such term is due to expire. (3) On and after July 1, 2007, the student members of the board shall be elected as follows: (A) On or before July 1, 2008, and biennially thereafter, the students enrolled at Central Connecticut State University shall, in such manner as the board determines, elect one member of the board who shall be a full-time student at said state university at the time of his or her election and who shall serve for a term of two years from July first in the year of his or her election; (B) on or before July 1, 2008, and biennially thereafter, the students enrolled at Eastern Connecticut State University shall, in such manner as the board determines, elect one member of the board who shall be a full-time student at said state university at the time of his or her election and who shall serve for a term of two years from the July first in the year of his or her election; (C) on or before July 1, 2007, and biennially thereafter, the students enrolled at Southern Connecticut State University shall, in such manner as the board determines, elect one member of the board who shall be a full-time student at said state university at the time of his or her election and who shall serve for a term of two years from the July first in the year of his or her election; and (D) on or before July 1, 2007, and biennially thereafter, the students at Western Connecticut State University shall, in such manner as the board determines, elect one member of the board who shall be a full-time student at said state university at the time of his or her election and who shall serve for a term of two years from the July first in the year of his or her election. If any student member of the board elected on or after November 1, 2001, ceases to be a matriculating student in good standing, either as a full-time undergraduate student or as a full-time or part-time graduate student, at the state university from which such student member was elected, the membership of such student shall terminate. If, on and after July 1, 2007, the membership of any such student member terminates, the students enrolled at the state university such student member represented shall, not later than thirty days after the membership terminates and in such manner as the board determines, elect a student member of the board who shall serve for the remainder of the term. The Governor shall, pursuant to section 4-9a, as amended by this act, appoint the chairperson of the board. The board shall, biennially, elect from its members such other officers as it deems necessary. The Governor shall fill any vacancy in the appointed membership of the board by appointment for the balance of the unexpired term. Any vacancies in the elected membership of said board shall be filled by special election for the balance of the unexpired term. The members of said board shall receive no compensation for their services as such but shall be reimbursed for their necessary expenses in the course of their duties.
Sec. 221. Subsection (a) of section 10a-89 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Subject to state-wide policy and guidelines established by the Board of [Governors of] Regents for Higher Education, the board of trustees shall provide for the administration of the Connecticut State University System, plan for the expansion and development of the institutions within its jurisdiction, and submit such plans [to the Board of Governors of Higher Education and] to the Commissioner of Public Works for review and recommendations. The Commissioner of Public Works upon request of the board of trustees shall, in accordance with section 4b-30, negotiate and execute leases on such physical facilities as the board of trustees may deem necessary for proper operation of such institutions, and the board of trustees may, with the permission of the Commissioner of Public Works and the State Properties Review Board, expend capital funds therefor if such leasing is required during the planning and construction phases of institutions within its jurisdiction for which such capital funds were authorized. Subject to such policies as may be established by the board of trustees, the chief executive officer of each institution within the jurisdiction of the board may make buildings and other facilities under its control available to nonprofit and other organizations or to individuals for temporary uses not inconsistent with the educational purpose of the institution. The board of trustees may appoint or remove the chief executive officer of each institution within its jurisdiction, and with respect to its own operation the board of trustees may appoint and remove [a chancellor and] executive staff. [The board of trustees may determine the size of the executive staff and the duties, terms and conditions of employment of the chancellor and staff, subject to personnel guidelines established by the Board of Governors of Higher Education in consultation with said board of trustees.] The board of trustees may employ faculty and other personnel needed to maintain and operate the institutions within its jurisdiction. Within the limitation of appropriations, the board of trustees shall fix the compensation of such personnel, establish terms and conditions of employment and prescribe their duties and qualifications. The board of trustees shall determine who constitutes its professional staff and establish compensation and classification schedules for its professional staff. The board of trustees shall annually submit to the Commissioner of Administrative Services a list of the positions which it has included within the professional staff. The board of trustees may appoint one or more physicians for the Connecticut State University System and shall provide such physicians with suitable facilities for the performance of such duties as it prescribes. Subject to state-wide policy and guidelines established by the Board of [Governors of] Regents for Higher Education, the board of trustees shall: (1) Make rules for the government of the Connecticut State University System and shall determine the general policies of the university system, including those concerning the admission of students and the expenditure of the funds of institutions under its jurisdiction within the amounts available; (2) develop the mission statement for the university system which shall include, but not be limited to the following elements: (A) The educational needs of and constituencies served by the institutions within its jurisdiction; (B) the degrees offered by such institutions; and (C) the role and scope of each institution within the university system, which shall include each institution's particular strengths and specialties; [. The board of trustees shall submit the mission statement to the Board of Governors of Higher Education for review and approval in accordance with the provisions of section 10a-6;] (3) establish policies for the university system and for the individual institutions under its jurisdiction; (4) [submit to the Board of Governors of Higher Education, for approval, recommendations for the establishment of new academic programs; (5) make appropriate recommendations to the Board of Governors of Higher Education regarding] make institutional mergers or closures; [(6)] (5) coordinate the programs and services of the institutions under its jurisdiction; [(7)] (6) be authorized to enter into agreements, consistent with the provisions of section 5-141d, to save harmless and indemnify sponsors of research grants to institutions under its jurisdiction, provided such an agreement is required to receive the grant and limits liability to damages or injury resulting from acts or omissions related to such research by employees of such institutions; [(8)] (7) promote fund-raising by the institutions under its jurisdiction in order to assist such institutions [, provided the board shall not directly engage in fund-raising except for purposes of providing funding for (A) scholarships or other direct student financial aid; and (B) programs, services or activities at one or more of the institutions within its jurisdiction] and report to [the Commissioner of Higher Education and] the joint standing committee of the General Assembly having cognizance of matters relating to higher education by January 1, 1994, and biennially thereafter, on all such fund-raising; and [(9)] (8) charge the direct costs for a building project under its jurisdiction to the bond fund account for such project, provided (A) such costs are charged in accordance with a procedure approved by the Treasurer; and (B) nothing in this subdivision shall permit the charging of working capital, as defined in the applicable provisions of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, or costs originally paid from sources other than the bond fund account.
Sec. 222. Subsection (c) of section 10a-99 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(c) Commencing December 1, 1984, and thereafter not later than sixty days after the close of each quarter, the board of trustees shall submit to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and the Office of Policy and Management [, through the Board of Governors of Higher Education,] a report on the actual expenditures of the Connecticut State University System Operating Fund. [containing such relevant information as the Board of Governors of Higher Education may require.]
Sec. 223. Section 10a-102 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The University of Connecticut shall remain an institution for the education of youths whose parents are citizens of this state. The leading object of said university shall be, without excluding scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the General Assembly prescribes, in order to promote the liberal and practical education of the industrial classes in accordance with the provisions of an Act of Congress, approved July 2, 1862, entitled "An Act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts", and also in accordance with an Act of Congress, approved August 30, 1890, entitled "An Act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts established under the provisions of an Act of Congress, approved July 2, 1862". The number of students who are to reside in university dormitories shall be determined by the board of trustees, preference in enrollment in the university being given to qualified students taking the full agricultural course. Said university is authorized to confer the academic and professional degrees appropriate to the courses prescribed by its board of trustees. The board shall establish policies which protect academic freedom and the content of course and degree programs. [, provided such policies shall be consistent with state-wide policy and guidelines established by the Board of Governors of Higher Education.]
Sec. 224. Section 10a-104 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) [Subject to state-wide policy and guidelines established by the Board of Governors of Higher Education, the] The Board of Trustees of The University of Connecticut shall: (1) Make rules for the government of the university and shall determine the general policies of the university, including those concerning the admission of students and the establishment of schools, colleges, divisions and departments, and shall direct the expenditure of the university's funds within the amounts available; (2) develop the mission statement for The University of Connecticut, and all branches thereof, which shall include, but not be limited to, the following elements: (A) The educational needs of and constituencies served by said university and branches; (B) the degrees offered by said university; and (C) the role and scope of each institution and branch within the university system, which shall include each institution's and branch's particular strengths and specialties. The board of trustees shall submit the mission statement to the Board of [Governors of] Regents for Higher Education for review and approval in accordance with the provisions of section 10a-6; (3) establish policies for the university system and for the individual institutions and branches under its jurisdiction; (4) submit to the Board of [Governors of] Regents for Higher Education, for approval, recommendations for the establishment of new academic programs; (5) make recommendations to the Board of [Governors of] Regents for Higher Education, when appropriate, regarding institutional or branch mergers or closures; (6) coordinate the programs and services of the institutions and branches under its jurisdiction; (7) be authorized to enter into agreements, consistent with the provisions of section 5-141d, to save harmless and indemnify sponsors of research grants to The University of Connecticut, provided such an agreement is required to receive the grant and limits liability to damages or injury resulting from acts or omissions related to such research by employees of the university; (8) promote fund-raising to assist the university and report to the [Commissioner of] executive director of the Office of Financial and Academic Affairs for Higher Education and the joint standing committee of the General Assembly having cognizance of matters relating to education by January 1, 1994, and biennially thereafter, on such fund-raising; (9) charge the direct costs for a building project under its jurisdiction to the bond fund account for such project, provided (A) such costs are charged in accordance with a procedure approved by the Treasurer and (B) nothing in this subdivision shall permit the charging of working capital costs, as defined in the applicable provisions of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, or costs originally paid from sources other than the bond fund account; (10) exercise the powers delegated to it pursuant to section 10a-109d; and (11) establish by October 1, 1997, policies governing the acceptance of gifts made by a foundation established pursuant to sections 4-37e and 4-37f to the university or its employees for reimbursement of expenditures or payment of expenditures on behalf of the university or its employees.
(b) The board of trustees shall: (1) Review and approve institutional budget requests and prepare and submit to the [Board of Governors of Higher Education, in accordance with the provisions of section 10a-8,] Secretary of the Office of Policy and Management the budget request for the university and all branches thereof; (2) propose facility planning and capital expenditure budget priorities for the institutions under its jurisdiction; (3) fulfill requirements concerning the auditing and review of projects of UCONN 2000 in accordance with sections 10a-109z to 10a-109bb, inclusive; (4) establish the construction assurance office in accordance with section 10a-109cc; and (5) exercise the powers delegated to it in section 10a-109d. The board may request authority from the Treasurer to issue payment for claims against the university, other than a payment for payroll, debt service payable on state bonds to bondholders, paying agents, or trustees, or any payment the source of which includes the proceeds of a state bond issue.
(c) The board of trustees may create a board of directors for the governance of The University of Connecticut Health Center and may delegate such duties and authority as it deems necessary and appropriate to said board of directors. The board of directors shall include members of the board of trustees designated by the chairperson of the board of trustees and such other persons as the board of trustees deems appropriate.
Sec. 225. Subsection (d) of section 10a-105 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(d) Commencing December 1, 1981, and thereafter not later than sixty days after the close of each quarter, the board of trustees shall submit to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and the Office of Policy and Management, through the Board of [Governors of] Regents for Higher Education, a report on the actual expenditures of The University of Connecticut Operating Fund and The University of Connecticut Health Center Operating Fund containing such relevant information as the [Board of Governors of Higher Education] Office of Policy and Management may require in the form prescribed by the Board of Regents in accordance with subsection (a) of section 10a-8, as amended by this act.
Sec. 226. Subdivision (7) of section 10a-109c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(7) "Endowment fund state grant" means moneys transferred by the [Department of] Board of Regents for Higher Education from the fund established pursuant to section 10a-8b for deposit into the endowment fund pursuant to subdivision (2) of subsection (b) of section 10a-109i in an aggregate amount not exceeding the endowment fund state grant maximum commitment.
Sec. 227. Section 10a-143 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The Board of [Governors of] Regents for Higher Education in concert with the state's institutions of higher education, shall study, develop and coordinate the implementation of new methods of awarding undergraduate degrees and college credits including but not limited to: (1) External degrees awarded on the basis of acceptable performance in an educational field whether or not the necessary education was obtained by the candidate at an institution of higher education, and (2) examinations and methods other than classroom instruction for determining qualifications. On or before July 1, 1993, each constituent unit of the state system of higher education shall establish procedures to award college credits pursuant to this subsection and subsection (e) of this section.
(b) The Board of [Governors of] Regents for Higher Education shall promulgate regulations to authorize accredited institutions of higher education to award degrees by such new procedures.
(c) There shall continue to be a Board for State Academic Awards which shall be an independent constituent unit of the state system of higher education with authority to grant undergraduate and graduate credits and degrees on the basis of (1) examinations, (2) courses offered by Charter Oak State College, and (3) other forms of evaluation and validation of learning including transfer of credit. Said board is authorized to use the term "Charter Oak State College" on diplomas and other documents and utterances to affirm the status of the board as a degree-granting institution of higher education. It shall be the responsibility of the board to serve the interest of all Connecticut residents by providing open access to academic credentials which are based on a consensus of professional judgment. The purpose of such credentials shall be to identify and give recognition to higher learning acquired by individuals through independent study, work experience and programs of noncollegiate educational activity.
(d) [The] Beginning on January 1, 2012, the Board of Regents for Higher Education shall serve as the Board for State Academic Awards. The members of the Board for State Academic Awards in office on June 30, 2011, shall remain in office to provide assistance in transitioning duties and responsibilities to the Board of Regents for Higher Education during the period of July 1, 2011, to December 31, 2011. For the transition period of July 1, 2011, to December 31, 2011, any action of the Board for State Academic Awards shall not be final until ratified by the Board of Regents for Higher Education. Until December 31, 2011, the Board for State Academic awards shall consist of nine persons, eight to be appointed by the Governor, who shall reflect the state's geographic, racial and ethnic diversity; one of whom shall be an alumnus of Charter Oak State College; and one to be elected by the students enrolled in Charter Oak State College. On or before July 1, 1983, the Governor shall appoint two members of the board for a term of two years from said date, two members for a term of four years from said date and one member for a term of six years from said date. On or before July 1, 1984, the Governor shall appoint one member for a term of three years from said date. On or before July 1, 1996, the Governor shall appoint two members, one for a term of five years from said date and one for a term of one year from said date. Thereafter the Governor shall appoint members of said board to succeed those appointees whose terms expire, such members to serve for terms of six years each from July first in the year of their appointment. On or before November 1, 1984, and biennially thereafter, the students enrolled with the board shall, in such manner as the board shall determine, elect one member of the board, who shall serve for a term of two years from November first in the year of his election. No member of said board, appointed by the Governor, shall be an employee of an institution of postsecondary or higher education. No member who has served consecutively for two full terms or portions thereof may again be appointed until two years have passed. The Governor shall, pursuant to section 4-9a, as amended by this act, appoint the chairperson of the board. The board shall, annually, elect from its members such other officers as it deems necessary. The Governor shall fill any vacancies in the membership of said board by appointment for the balance of the unexpired term. The members of said board shall receive no compensation for their services as such but shall be reimbursed for their necessary expenses in the course of their duties. The board shall meet at least once during each calendar quarter and at such other times as the chairperson deems necessary or upon the request of a majority of members in office. Any 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 from office.
(e) (1) The Board for State Academic Awards shall develop and implement programs to improve opportunities in higher education through alternative modes of service, including, but not limited to, guidance and information services, registration and validation services, examination and degree-granting services, technological delivery systems, and projects of research and development. With respect to its own operation the board may appoint and remove an executive director, who shall be the chief academic and administrative officer, and a professional academic staff. The board may appoint and remove executive staff responsible for the operation of the Board for State Academic Awards. The board may determine the size of the academic staff and the duties, terms, and conditions of employment of said director and staff. [subject to personnel guidelines established by the Board of Governors of Higher Education in consultation with the Board for State Academic Awards.] The board shall establish through appointments on an adjunct basis a faculty of consulting examiners to make recommendations as to requirements and standards of the board's programs and to make recommendations for the award of academic undergraduate and graduate credits and degrees. Persons serving as members of the faculty of consulting examiners shall have appropriate professional qualifications as determined by the board and may hold professional appointments in active status at accredited institutions of postsecondary or higher learning. Within the limit of appropriations, the board shall fix the compensation of persons serving with adjunct appointment as members of the faculty of consulting examiners. The board shall confer such undergraduate and graduate certificates and degrees as are appropriate to programs of postsecondary and higher learning and in accordance with the recommendations of the board's faculty of consulting examiners on the basis of (A) examinations, (B) courses offered by Charter Oak State College, and (C) other forms of validation and evaluation of learning, including transfer of credit. The board shall assist public institutions of higher education in establishing and implementing procedures to award college credits pursuant to subsection (a) of this section.
(2) The Board for State Academic Awards shall develop a mission statement which shall include, but not be limited to, the following elements: (A) The educational needs of, and constituencies served by the board; (B) the degrees offered by the board; and (C) the role and scope of the programs offered by the board. [The board shall submit the mission statement to the Board of Governors of Higher Education for review and approval in accordance with the provisions of section 10a-6.]
[(f) The Advisory Council for Higher Education established in accordance with subdivision (13) of subsection (a) of section 10a-6 shall be the advisory council for the board.]
[(g)] (f) The board shall fix fees for examinations and for such other purposes as the board deems necessary and may make refunds and other disposition of same as provided by law or regulation. The board may make contracts, leases or other agreements in connection with its responsibilities.
[(h)] (g) The Board for State Academic Awards shall establish and administer a fund to be known as the Board for State Academic Awards Operating Fund, which shall be a separate account within the General Fund. The operating fund shall be used for the expenses of the board, including personnel expenses and equipment, and for the support of board activities pursuant to this section, including validation and evaluation of learning, guidance and public information services, projects of research and development for the improvement of learning materials and the technology of delivery systems, and for the purchase of such services, materials and equipment as are required for use in connection with said activities. Appropriations from general revenues of the state, all fees and proceeds of the board's activities, including grants and donations, not required by statute or regulation to be deposited to the credit of the General Fund, shall be credited to and become a part of the resources of said operating fund. Any balance of receipts above expenditures shall remain in said operating fund.
[(i)] (h) The Board for State Academic Awards shall promote fund-raising to assist its programs pursuant to this section and shall report to the [Commissioner of Higher Education and the] joint standing committee of the General Assembly having cognizance of matters relating to higher education by January 1, 1994, and biennially thereafter, on such fund-raising.
Sec. 228. Subsection (a) of section 10a-6a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is established a Higher Education Coordinating Council composed of: The [chairmen of the boards of trustees and the] chief executive officers of each constituent unit of the state system of higher education, the Secretary of the Office of Policy and Management, [and] the [Commissioners of Higher Education and] Commissioner of Education and the president of the Board of Regents for Higher Education. The Secretary of the Office of Policy and Management shall call an annual meeting of the council.
Sec. 229. Section 10a-6b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The accountability measures developed by the Higher Education Coordinating Council pursuant to subsection (b) of section 10a-6a shall be used by the [Department of] Board of Regents for Higher Education and each constituent unit of the state system of higher education in assessing [the constituent unit's] each public institution of higher education's progress toward meeting the following goals to: (1) Enhance student learning and promote academic excellence; (2) join with elementary and secondary schools to improve teaching and learning at all levels; (3) ensure access to and affordability of higher education; (4) promote the economic development of the state to help business and industry sustain strong economic growth; (5) respond to the needs and problems of society; and (6) ensure the efficient use of resources. The council shall develop an implementation plan for use of the accountability measures.
(b) In developing the measures pursuant to subsection (a) of this section, the council shall consider graduation rates, student retention rates, completions, tuition and fees, allocation of resources across expenditure functions, as defined by the National Association of College and University Business Officers, revenues and expenditures broken out by programs, student financial need and available aid, transfer patterns of students transferring in and out of the constituent units, trends in enrollment and the percentage of incoming students who are state residents, strategic plans pursuant to section 10a-11, as amended by this act, data on graduates by academic program, faculty productivity, and any other factor that it deems relevant. [In considering faculty productivity measures, the council shall consult with the committee established under section 10a-3.] All measures shall be made available for inspection and separated out by constituent unit, institution of higher education, campus and program.
(c) The council shall work with the Labor Department to (1) produce periodic reports on the employment and earnings of students who leave the constituent units upon graduation or otherwise, and (2) develop an annual affordability index for public higher education that is based on state-wide median family income.
[(c)] (d) The council shall submit the accountability measures to the Board of [Governors of] Regents for Higher Education for the board's review and approval. Once the measures are approved, each constituent unit shall provide the data to the [department] board that is necessary for purposes of applying the measures.
[(d) The Commissioner of Higher Education, on behalf of the council, shall report, in accordance with section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to education on the accountability measures and the implementation plan developed pursuant to this section by February 1, 2000. The report shall include recommendations: (1) For any statutory changes needed for purposes of assessing the constituent units and public institutions of higher education based on the accountability measures; (2) to clarify and streamline planning and accountability reporting requirements of the constituent units and public institutions of higher education; (3) concerning goals, actions to achieve such goals and analysis of performance; and (4) for options to revise budgeting policies and programs to meet accountability goals and measures as outlined in subsections (a) and (b) of this section.
(e) The Commissioner of Higher Education shall develop, in concurrence with the Higher Education Coordinating Council, an accountability report prototype. Upon review and approval by the Board of Governors of Higher Education, the commissioner shall submit the report prototype to the joint standing committee of the General Assembly having cognizance of matters relating to education by October 1, 2000. The report prototype shall include accountability measures developed and approved under this section for which data collection mechanisms exist as determined by the commissioner.
(f) Each constituent unit of the state system of higher education shall submit to the Commissioner of Higher Education its first accountability report by January 1, 2001. The commissioner shall compile and consolidate the reports. The commissioner shall submit, in accordance with section 11-4a, an accountability report that covers the state system of higher education and each constituent unit and public institution of higher education to the joint standing committee of the General Assembly having cognizance of matters relating to education by February 1, 2001. The report shall include baseline data for the accountability measures developed under this section for which data collection mechanisms exist and comparable peer data, as determined by the commissioner after consultation with the Higher Education Coordinating Council and reviewed and approved by the Board of Governors of Higher Education. The report shall also include a timeline for the collection of data and reporting of the remaining accountability measures and for the identification of performance improvement targets.]
[(g)] (e) Each [constituent unit] public institution of higher education of the state system of higher education shall submit an accountability report to the [Commissioner of] president of the Board of Regents for Higher Education annually, by [January] November first. The [commissioner] president shall compile the reports and shall submit, in accordance with section 11-4a, a consolidated accountability report for the state system of higher education to the joint standing committee of the General Assembly having cognizance of matters relating to higher education annually, by [February] December first. The report shall contain accountability measures for each constituent unit and public institution of higher education pursuant to subsections (a) and (b) of this section. The report shall include updated baseline and peer comparison data, performance improvement targets for each measure, and other information as determined by the commissioner.
Sec. 230. (NEW) (Effective July 1, 2011) The Board of Regents for Higher Education shall develop and implement, not later than December 1, 2011, a plan for maintaining the distinct missions of the Connecticut State University System, the regional community-technical college system and the Charter Oak State College and report on such plan to the joint standing committees of the General Assembly having cognizance of matters relating to higher education and appropriations in accordance with the provisions of section 11-4a of the general statutes not later than January 1, 2012, and annually thereafter.
Sec. 231. (NEW) (Effective July 1, 2011) (a) There is established a Higher Education Consolidation Committee which shall be convened by the chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to higher education or such chairpersons' designee, who shall be members of such joint standing committee. The membership of the Higher Education Consolidation Committee shall consist of the higher education subcommittee on appropriations and the chairpersons, vice chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to higher education and appropriations. The Higher Education Consolidation Committee shall establish a meeting and public hearing schedule for purposes of receiving updates from the Board of Regents for Higher Education on the progress of the consolidation of the state system of higher education pursuant to sections 211 to 277, inclusive, of this act. The Higher Education Consolidation Committee shall convene its first meeting on or before September 15, 2011, and meet not less than once every two months until September 15, 2012.
(b) The Office of Financial and Academic Affairs for Higher Education shall enter into a memorandum of understanding with the Office of Legislative Management providing that up to one hundred thousand dollars appropriated to said office shall be used by the Higher Education Consolidation Committee to hire a consultant to assist said committee in fulfilling its duties.
Sec. 232. Section 10a-22a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
As used in sections 10a-22a to 10a-22o, inclusive, as amended by this act:
(1) "Private occupational school" means a person, board, association, partnership, corporation, limited liability company or other entity offering instruction in any form or manner in any trade, industrial, commercial, service, professional or other occupation for any remuneration, consideration, reward or promise of whatever nature, except "private occupational school" shall not include (A) instruction offered under public supervision and control; (B) instruction conducted by a firm or organization solely for the training of its own employees or members; or (C) instruction offered by a school authorized by the General Assembly to confer degrees;
(2) "Additional classroom site" means a facility that (A) is geographically located close to the school or branch that oversees the site, such that students must utilize services provided at such school or branch, (B) conducts permanent or temporary educational activities, and (C) offers courses or full programs of study;
(3) ["Board of Governors" means the Board of Governors of Higher Education] "Board" means the State Board of Education;
(4) "Branch" means a subdivision of a school (A) located at a different facility and geographical site from the school, except for a site that is an additional classroom site as determined by the [commissioner] executive director, or the [commissioner's] executive director's designee, and (B) that (i) offers one or more complete programs leading to a diploma or certificate; (ii) operates under the school's certificate of operation; (iii) meets the same conditions of authorization as the school; and (iv) exercises administrative control and is responsible for its own academic affairs; and
(5) ["Commissioner" means the Commissioner of Higher Education] "Executive director" means the executive director of the Office of Financial and Academic Affairs for Higher Education.
Sec. 233. Subsection (f) of section 10a-22b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(f) For purposes of an evaluation of an applicant school, the [commissioner] executive director, or the [commissioner's] executive director's designee, shall appoint an evaluation team which shall include (1) at least two members representing the [Board of Governors] institutions of public higher education, and (2) at least one member for each of the areas of occupational instruction for which authorization is sought who shall be experienced in such occupation. The applicant school shall have the right to challenge any proposed member of the evaluation team for good cause shown. A written challenge shall be filed with the [commissioner] executive director within ten business days following the appointment of such evaluation team. In the event of a challenge, a decision shall be made thereon by the [Commissioner of Higher Education] executive director within ten business days from the date such challenge is filed, and if the challenge is upheld the [Commissioner of Higher Education] executive director shall appoint a replacement. Employees of the state or any political subdivision of the state may be members of evaluation teams. The [commissioner] executive director, or the [commissioner's] executive director's designee, shall not appoint any person to an evaluation team unless the [commissioner] executive director, or such designee, has received from such person a statement that the person has no interest which is in conflict with the proper discharge of the duties of evaluation team members as described in this section. The statement shall be on a form prescribed by the [commissioner] executive director and shall be signed under penalty of false statement. Members of the evaluation team shall serve without compensation. Except for any member of the evaluation team who is a state employee, members shall be reimbursed for actual expenses, which expenses shall be charged to and paid by the applicant school.
Sec. 234. Subsection (h) of section 10a-22b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(h) Any hospital offering instruction in any form or manner in any trade, industrial, commercial, service, professional or other occupation for any remuneration, consideration, reward or promise, except to hospital employees, members of the medical staff and training for contracted workers, shall obtain a certificate of authorization from the [Commissioner of Higher Education] executive director for the occupational instruction offered. Each hospital-based occupational school submitting an application for initial authorization shall pay an application fee of two hundred dollars made payable to the private occupational school student protection account. The [commissioner] executive director shall develop a process for prioritizing the authorization of hospital-based occupational schools based on size and scope of occupational instruction offered. Such schools shall be in compliance with this section when required pursuant to the [commissioner's] executive director's process, or by 2012, whichever is earlier.
Sec. 235. Subsections (c) and (d) of section 10a-22d of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(c) Renewal of the certificate of authorization shall be granted only upon (1) payment of a nonrefundable renewal fee to the [Board of Governors] Office of Financial and Academic Affairs for Higher Education in the amount of two hundred dollars for the private occupational school and two hundred dollars for each branch of a private occupational school, (2) submission of any reports or audits, as prescribed by the [commissioner] executive director or the [commissioner's] executive director's designee, concerning the fiscal condition of the school or its continuing eligibility to participate in federal student financial aid programs, (3) the filing with the [commissioner] executive director of a complete application for a renewed certificate of authorization not less than one hundred twenty days prior to the termination date of the most recent certificate of authorization, and (4) a determination that the occupational school meets all the conditions of its recent authorization, and the filing of documentation with the [commissioner] executive director that the occupational school has a passing financial ratio score as required by 34 CFR 668, as amended from time to time.
(d) If the [commissioner] executive director, or the [commissioner's] executive director's designee, determines, at any time during a school's authorization period, that such school is out of compliance with the conditions of authorization under sections 10a-22a to 10a-22o, inclusive, as amended by this act, and any applicable regulations of Connecticut state agencies, the school may be placed on probation for a period not to exceed one year. If, after the period of one year of probationary status, the school remains out of compliance with the conditions of authorization, the [commissioner] executive director may revoke such school's certificate of authorization to operate as a private occupational school pursuant to section 10a-22f. During the school's period of probation, the school shall post its probationary certificate of authorization in public view. The [Department of] Office of Financial and Academic Affairs for Higher Education may publish the school's probationary certificate of authorization status.
Sec. 236. Subsection (b) of section 10a-22h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) Any person seeking to represent an out-of-state private occupational school not authorized pursuant to sections 10a-22a to 10a-22o, inclusive, as amended by this act, and sections 10a-22u to 10a-22w, inclusive, as amended by this act, shall file an application with the state [Department of] Office of Financial and Student Affairs for Higher Education on forms prescribed by the [commissioner] executive director. Upon issuance of a permit such representative shall pay a nonrefundable fee of five hundred dollars into the private occupational student protection account. The permit shall be valid for a period of one year from date of issuance.
Sec. 237. Section 10a-22k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Board of Governors] board shall adopt regulations in accordance with the provisions of chapter 54 in order to carry out the provisions of sections 10a-22a to 10a-22o, inclusive, as amended by this act, and sections 10a-22u to 10a-22w, inclusive, as amended by this act.
Sec. 238. Subsection (a) of section 10a-22n of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) A private occupational school shall maintain, preserve and protect, in a manner approved by the [Commissioner of Higher Education] executive director, or the [commissioner's] executive director's designee, all school records including, but not limited to: (1) Student or academic transcripts; (2) attendance records or other indicators of student progress; (3) copies of individual enrollment agreements or contracts; (4) evidence of tuition payments; and (5) any other documentation as prescribed by the [commissioner] executive director.
Sec. 239. Section 10a-22r of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
There is established an advisory committee to the [Commissioner of Higher Education] executive director consisting of seven members appointed by the [commissioner] executive director, including a representative of the private occupational schools, a representative from the [Department of] Office of Financial and Academic Affairs for Higher Education and five members chosen from business or industry, state legislators, private occupational school alumni and the general public. Three of the members first appointed to the committee shall be appointed for a term of three years and four of the members first appointed shall be appointed for a term of two years. Thereafter, all members shall be appointed for a term of two years. The [Commissioner of Higher Education] executive director shall administer the private occupational school student benefit account with the advice of the advisory committee and may assess the account for all direct expenses incurred in the implementation of this section. The account shall be used to award financial aid grants for the benefit of private occupational school students. The grants shall be paid to the private occupational school designated by the grant recipient to be applied against the tuition expenses of such recipient. If the balance of the student protection account is five per cent or less of the annual net tuition income of the schools which make payments to the account pursuant to section 10a-22u, any unallocated funds in the student benefit account shall be transferred to the student protection account.
Sec. 240. Section 10a-22s of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Commissioner of Higher Education] executive director, with the advice of the advisory committee, shall establish the criteria for awarding financial aid grants. Applications for grants shall be submitted on such forms and in such manner as the [commissioner] executive director, with the advice of the advisory committee, shall prescribe. The [commissioner] executive director shall establish policies, with the advice of the advisory committee, for the return of any portion of a financial aid grant, representing tuition of a student, which would otherwise be refundable.
Sec. 241. Section 10a-22u of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There shall be an account to be known as the private occupational school student protection account within the General Fund. Each private occupational school authorized in accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, as amended by this act, shall pay to the State Treasurer an amount equal to one-half of one per cent of the tuition received by such school per calendar quarter exclusive of any refunds paid, except that correspondence and home study schools authorized in accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, as amended by this act, shall contribute to said account only for Connecticut residents enrolled in such schools. Payments shall be made by January thirtieth, April thirtieth, July thirtieth and October thirtieth in each year for tuition received during the three months next preceding the month of payment. In addition to amounts received based on tuition, the account shall also contain any amount required to be deposited into the account pursuant to sections 10a-22a to 10a-22o, inclusive, as amended by this act. Said account shall be used for the purposes of section 10a-22v, as amended by this act. Any interest, income and dividends derived from the investment of the account shall be credited to the account. All direct expenses for the maintenance of the account may be charged to the account upon the order of the State Comptroller. The [Commissioner of Higher Education] executive director may assess the account (1) for all direct expenses incurred in the implementation of the purposes of this section which are in excess of the normal expenditures of the [Department of] Office of Financial and Academic Affairs for Higher Education for accounting, auditing and clerical services, and (2) for the fiscal years ending June 30, 2000, and June 30, 2001, in an amount not to exceed one hundred seventy thousand dollars in each of such fiscal years for personnel and administrative expenses for the purposes of sections 10a-22a to 10a-22o, inclusive, as amended by this act, provided such amount does not exceed the annual interest accrual, which shall be transferred to the appropriation of the [Department of] Office of Financial and Academic Affairs for Higher Education for personal services and other expenses for positions and responsibilities relating to said sections, provided the department has expended all federal funds that may be available for personnel and administrative expenses for the purposes of said sections. After disbursements are made pursuant to subdivisions (1) and (2) of this subsection, if the resources of the private occupational school student protection account exceed two million five hundred thousand dollars, no additional school assessments shall be made.
(b) Payments required pursuant to subsection (a) of this section shall be a condition of doing business in the state and failure to make any such payment within thirty days following the date on which it is due shall result in the loss of authorization under section 10a-22f. Such authorization shall not be issued or renewed if there exists a failure to make any such payment in excess of thirty days following the date on which it is due.
(c) If an audit conducted by the [Department of] Office of Financial and Academic Affairs for Higher Education determines that a school has paid into the private occupational school student protection account an amount less than was required, the school shall pay [said] such amount plus a penalty of ten per cent of the amount required to the State Treasurer within thirty days of receipt of notice from the [commissioner] executive director or his designee of the amount of the underpayment and penalty.
(d) If an audit conducted by the [Department of] Office of Financial and Academic Affairs for Higher Education determines that a school has paid into the private occupational school student protection account an amount more than was required, subsequent payment or payments by the school shall be appropriately credited until such credited payment or payments equal the amount of the overpayment.
Sec. 242. Section 10a-22v of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Any student enrolled in a private occupational school authorized in accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, as amended by this act, who is unable to complete a course or unit of instruction at such school because of the insolvency or cessation of operation of the school and who has paid tuition for such course or unit of instruction, may make application to the [Commissioner of Higher Education] executive director for a refund of tuition from the account established pursuant to section 10a-22u, as amended by this act, to the extent that such account exists or has reached the level necessary to pay outstanding approved claims, except that in the case of correspondence and home study schools authorized in accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, as amended by this act, only Connecticut residents enrolled in such schools may be eligible for such refund. Upon such application, the [commissioner] executive director shall determine whether the applicant is unable to complete a course or unit of instruction because of the insolvency or cessation of operation of the school to which tuition has been paid. The [commissioner] executive director may summon by subpoena any person, records or documents pertinent to the making of a determination regarding insolvency or cessation of operation. For the purpose of making any tuition refund pursuant to this section, a school shall be deemed to have ceased operation whenever it has failed to complete a course or unit of instruction for which the student has paid a tuition fee and, as a result, the school's authorization has been revoked pursuant to section 10a-22f. If the [commissioner] executive director finds that the applicant is entitled to a refund of tuition because of the insolvency or cessation of operation of the school, the [commissioner] executive director shall determine the amount of an appropriate refund which shall be equal to or a portion of the tuition paid for the uncompleted course or unit of instruction. Thereafter the [Commissioner of Higher Education] executive director shall direct the State Treasurer to pay, per order of the Comptroller, the refund to the applicant or persons, agencies or organizations indicated by the applicant who have paid tuition on the student's behalf. If the student is a minor, payment shall be made to the student's parent, parents or legal guardian. In no event shall a refund be made from the student protection account for any financial aid provided to or on behalf of any student in accordance with the provisions of Title IV, Part B of the Higher Education Act of 1965, as amended from time to time. Each recipient of a tuition refund made in accordance with the provisions of this section shall assign all rights to the state of any action against the school or its owner or owners for tuition amounts reimbursed pursuant to this section. Upon such assignment, the state may take appropriate action against the school or its owner or owners in order to reimburse the student protection account for any expenses or claims that are paid from the account and to reimburse the state for the reasonable and necessary expenses in undertaking such action. Any student who falsifies information on an application for tuition reimbursement shall lose his or her right to any refund from the account.
Sec. 243. Section 10a-22x of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The State Board of [Governors of Higher] Education shall adopt such regulations as are necessary to carry out the purposes of this chapter.
Sec. 244. (NEW) (Effective July 1, 2011) (a) There is established an Office of Financial and Academic Affairs for Higher Education. Such office shall be within the Board of Regents for Higher Education for administrative purposes only. The Office of Financial and Academic Affairs for Higher Education shall administer the programs set forth in sections 10-19g, 10-155d, 10a-10a, 10a-11, 10a-11a, 10a-17d, 10a-34 to 10a-34f, inclusive, as amended by this act, 10a-35, as amended by this act, 10a-36 to 10a-42g, inclusive, 10a-48 to 10a-48a, inclusive, 10a-164a, 10a-166 and 10a-168a to 10a-170, inclusive, of the general statutes, as amended by this act. The State Board of Education shall be responsible for approving any action taken pursuant to sections 10a-34 to 10a-34f, inclusive, of the general statutes, as amended by this act.
(b) The Governor shall appoint an executive director of the Office of Financial and Academic Affairs for Higher Education in accordance with the provision of 4-5 to 4-8, inclusive, of the general statutes. The executive director shall have the responsibility for implementing the policies and directives of the office and shall have additional responsibilities as the board may prescribe.
Sec. 245. Section 10a-34 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, "program of higher learning" means any course of instruction for which it is stated or implied that college or university-level credit may be given or may be received by transfer; "degree" means any letters or words, diploma, certificate or other symbol or document which signifies satisfactory completion of the requirements of a program of higher learning; "institution of higher learning" means any person, school, board, association, limited liability company or corporation which is licensed or accredited to offer one or more programs of higher learning leading to one or more degrees; "license" means the authorization by the State Board of [Governors of Higher] Education to operate a program or institution of higher learning for a specified initial period; "accreditation" means the authorization by said board to continue operating a program or institution of higher learning for subsequent periods, and in such periods to confer specified degrees.
(b) The [Board of Governors of Higher Education] Office of Financial and Academic Affairs shall establish regulations concerning the requirements for licensure and accreditation, such regulations to concern administration, finance, faculty, curricula, library, student admission and graduation, plant and equipment, records, catalogs, program announcements and any other criteria pertinent thereto, as well as the periods for which licensure and accreditation may be granted, and the costs and procedures of evaluations as provided in subsections (c) and (d) of this section. Said board may establish an advisory council for accreditation composed of representatives of public and private institutions of higher learning and the public at large to advise the board regarding existing or proposed regulations.
(c) No person, school, board, association or corporation shall confer any degree unless authorized by act of the General Assembly. No application for authority to confer any such degree shall be approved by the General Assembly or any committee thereof, nor shall any such authority be included in any charter of incorporation until such application has been evaluated and approved by the State Board of [Governors of Higher] Education in accordance with regulations established by [said board] the Office of Financial and Academic Affairs for Higher Education.
(d) No person, school, board, association or corporation shall operate a program or institution of higher learning unless it has been licensed or accredited by the State Board of [Governors of Higher] Education, nor shall it confer any degree unless it has been accredited in accordance with this section. The board shall not grant any new license or accreditation until it has received a report of an evaluation of such program or institution by competent educators approved by the board. The [Board of Governors of Higher Education] board shall accept regional or, where appropriate, national accreditation, in satisfaction of the requirements of this subsection unless the board finds cause not to rely upon such accreditation.
(e) No person, school, board, association or corporation shall use in any way the term "junior college" or "college" or "university" or use any other name, title, literature, catalogs, pamphlets or descriptive matter tending to designate that it is an institution of higher learning, or that it may grant academic or professional degrees, unless the institution possesses a license from, or has been accredited by, the board, nor shall offer any program of higher learning without approval of the State Board of [Governors of Higher] Education.
(f) Accreditation of any program or institution or authority to award degrees granted in accordance with law prior to July 1, 1965, shall continue in effect.
(g) If an existing institution, adversely affected by this section, applies to the board for licensure or accreditation, said board may grant licensure on a temporary basis to expire within one year and renewable from year to year, if, in the judgment of the board, reasonable progress is being made by such institution toward meeting the standards required by regulations of the board.
Sec. 246. Section 10a-34a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [Commissioner of Higher Education] executive director of the Office of Financial and Academic Affairs for Higher Education may assess any person, school, board, association or corporation which violates any provision of section 10a-34, as amended by this ac, or 10a-35, as amended by this act, an administrative penalty in an amount not to exceed five hundred dollars for each day of such violation.
(b) (1) The [Commissioner of Higher Education] executive director of the Office of Financial and Academic Affairs for Higher Education shall serve written notice upon the person, school, board, association or corporation when the assessment of such an administrative penalty is under consideration. The notice shall set forth the reasons for the assessment of the penalty.
(2) Not later than forty-five days after the [commissioner or the commissioner's] executive director or the executive director's designee mails notice pursuant to subdivision (1) of this subsection to such person, school, board, association or corporation, the [commissioner or the commissioner's] executive director or the executive director's designee shall hold a compliance conference with such person, school, board, association or corporation.
(c) If, after the compliance conference pursuant to subsection (b) of this section, the [commissioner] executive director determines that imposition of the administrative penalty is appropriate, the [commissioner] executive director shall issue an order and serve written notice by certified mail, return receipt requested upon the person, school, board, association or corporation.
(d) The person, school, board, association or corporation aggrieved by the order of the [commissioner] executive director imposing an administrative penalty pursuant to subsection (c) of this section shall, not later than fifteen days after such order is mailed, request, in writing, a hearing before the State Board of [Governors of Higher] Education. Such hearing shall be held in accordance with the provisions of chapter 54.
Sec. 247. Section 10a-34b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Commissioner of Higher Education] executive director, through the Attorney General, may seek an order from the superior court to prevent any violation of sections 10a-34, as amended by this act, and 10a-35, as amended by this act, through the use of an injunction in accordance with the provisions of chapter 916.
Sec. 248. Section 10a-34c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Commissioner of Higher Education, or the commissioner's designee,] executive director of the Office of Financial and Academic Affairs for Higher Education may conduct an investigation and, through the Attorney General, maintain an action in the name of the state against any person, school, board, association or corporation to restrain or prevent the establishment or operation of an institution that is not licensed, accredited or authorized to award degrees by the State Board of [Governors of Higher] Education pursuant to the provisions of section 10a-34, as amended by this act.
Sec. 249. Section 10a-34d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Board of Governors of Higher Education or the Commissioner of Higher Education] Office of Financial and Academic Affairs for Higher Education, through the Attorney General, may petition the superior court for the judicial district of Hartford for the enforcement of any order issued by the board or the [commissioner] executive director, and for other appropriate relief. The court may issue such orders as are appropriate to aid in enforcement.
Sec. 250. Section 10a-34e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Commissioner of Higher Education, or the commissioner's designee,] Office of Financial and Academic Affairs for Higher Education may conduct any necessary review, inspection or investigation regarding applications for licensure or accreditation or possible violations of this section and sections 10a-34 to 10a-34d, inclusive, as amended by this act, or of any applicable regulations of Connecticut state agencies. In connection with any investigation, the [commissioner] executive director or the [commissioner's] executive director's designee, may administer oaths, issue subpoenas, compel testimony and order the production of any record or document. If any person refuses to appear, testify or produce any record or document when so ordered, the [commissioner] executive director may seek relief pursuant to section 10a-34d, as amended by this act.
Sec. 251. Section 10a-34f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Board of Governors of Higher Education] Office of Financial and Academic Affairs for Higher Education shall adopt regulations in accordance with the provisions of chapter 54 in order to carry out the provisions of sections 10a-34a to 10a-34e, inclusive, as amended by this act.
Sec. 252. Section 10a-35 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
No person, school, board, association or corporation which, prior to July 1, 1935, was granted authority to confer any standard academic, professional or graduate degree and which did not, prior to July 1, 1935, exercise such authority shall confer any such degree until it is determined by the Office of Financial and Academic Affairs for Higher Education and approved by the State Board of [Governors of Higher] Education that its organization and equipment are such that it is fully competent to meet the degree standards set and maintained by similar institutions. Any degree granted in violation of the provisions of this section shall be null and void. Any person, school, board, association or corporation which violates any provision of this section shall be fined not more than one thousand dollars.
Sec. 253. (NEW) (Effective July 1, 2011) Notwithstanding sections 10a-34 to 10a-35, inclusive, of the general statutes, as amended by this act, the Board of Regents for Higher Education shall have the authority, in accordance with the provisions of said sections 10a-34 to 10a-35, inclusive, as amended by this act, over academic degrees awarded by public institutions of higher education, including the (1) operation of public institutions of higher education and the programs offered by such public institutions of higher education, (2) licensure and accreditation of public institutions of higher education and programs offered by such public institutions of higher education, (3) evaluation and approval of applications to confer academic degrees made by public institutions of higher education, and (4) assessment of any violation by a public institution of higher education of the authority of said board as described in subdivisions (1) to (3), inclusive, of this section and the imposition of a penalty for such violation.
Sec. 254. Subsection (a) of section 10a-48a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is established within the [Department of Higher Education] Office of Financial and Academic Affairs for Higher Education a student community service fellowship program to develop community service leadership and activities for students at institutions of higher education in the state. For each fiscal year in which funds are appropriated the program shall provide a fellowship or fellowships. Fellowships shall be awarded for one academic year, except that fellowships to undergraduate students shall be awarded on a semester basis. Fellowship recipients shall work throughout the state to develop and coordinate programs in which students provide community service, train students who are providing or are interested in providing community service, be responsible for publicizing opportunities for students to provide community service, work with faculty and administrators at institutions of higher education in the state to promote student community service and assist in the implementation of the provisions of section 10a-48. To be eligible for a fellowship pursuant to this subsection, an applicant's residence shall be as defined in section 10a-28.
Sec. 255. Section 10-155d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [Board of Governors of] Office of Financial and Academic Affairs for Higher Education shall encourage and support experimentation and research in the preparation of teachers for public elementary and secondary schools. To help fulfill the purposes of this section, the [Board of Governors of] Office of Financial and Academic Affairs for Higher Education shall appoint an advisory council composed of qualified professionals which shall render assistance and advice to the board. In carrying out its activities pursuant to this section, the [board] office shall consult with the State Board of Education and such other agencies as it deems appropriate to assure coordination of all activities of the state relating to the preparation of teachers for public elementary and secondary schools.
(b) The [Department of] Office of Financial and Academic Affairs for Higher Education, with the approval of the Commissioner of Education, shall expand, within available appropriations, participation in its summer alternate route to certification program and its weekend and evening alternate route to certification program. The [department] office shall expand the weekend and evening program for participants seeking certification in a subject shortage area pursuant to section 10-8b. The [department] office, in collaboration with the Department of Education, shall develop (1) a regional alternate route to certification program targeted to the subject shortage areas, and (2) an alternate route to certification program for former teachers whose certificates have expired and who are interested in resuming their teaching careers.
(c) The [Department of] Office of Financial and Academic Affairs for Higher Education, in consultation with the Department of Education, shall develop alternate route to certification programs for (1) school administrators and superintendents, and (2) early childhood education teachers. The programs shall include mentored apprenticeships and criteria for admission to the programs.
Sec. 256. Section 10a-10a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Board of Governors of] Office of Financial and Academic Affairs for Higher Education shall develop, within available appropriations, an alternate route to certification for persons seeking certification as bilingual education teachers and teachers of English as a second language.
Sec. 257. Section 10a-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The [Board of Governors of] Office of Financial and Academic Affairs for Higher Education shall, in consultation with the institutions of the state system of higher education and the constituent unit boards of trustees, develop a strategic plan, consistent with the affirmative action plan submitted to the Commission on Human Rights and Opportunities, to ensure that students, faculty, administrators and staff at each institution are representative of the racial and ethnic diversity of the total population of the state. For each institution there shall be an approved plan which shall include goals, programs and timetables for achieving those goals, and a procedure to monitor annually the results of these programs and a procedure to take corrective action if necessary. The [Board of Governors of] Office of Financial and Academic Affairs for Higher Education shall also develop policies to guide affirmative action officers and programs in all constituent units and at each institution of public higher education.
(b) The [Board of Governors of] Office of Financial and Academic Affairs for Higher Education shall report annually to the Governor and General Assembly on the activities undertaken by the [board] office in accordance with subsection (a) of this section. The report shall include institutional goals and plans for attaining such goals, as well as changes in enrollment and employment at the state's institutions of public higher education. If it is determined that an institution has failed to achieve the goals set out pursuant to this section, such institution shall develop a plan of corrective procedures to ensure that such goals are achieved, subject to the approval of the [Board of Governors of] Office of Financial and Academic Affairs for Higher Education. The [Board of Governors of] Office of Financial and Academic Affairs for Higher Education may establish a minority advancement program to reward and support efforts by institutions within the state system of higher education towards meeting the goals established in the strategic plan developed pursuant to subsection (a) of this section.
Sec. 258. Section 10a-11a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) As part of the minority advancement program the [Board of Governors of] Office of Financial and Academic Affairs for Higher Education shall establish a Connecticut collegiate awareness and preparation program to develop linkages with public school systems targeted by the [board of governors] office for the purpose of providing motivation and skills development for middle school or high school underachievers.
(b) Funding for said program shall be on a competitive basis open to all Connecticut institutions of higher education. The [Department of] Office of Financial and Academic Affairs for Higher Education shall issue a request for proposals to all Connecticut higher educational institutions. A panel shall review applications on the basis of an evaluation format developed by said [department] office. Payment will be made under contractual agreements between the [department] office and the grant recipients.
Sec. 259. Section 10a-17d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Department of] Office of Financial and Academic Affairs for Higher Education may, within the limits of available appropriations, federal funds available under the National Service Act and any other funds available, assist in providing tutors for eligible students. Such tutors may be members of the National Service Corps, as designated by the [Department of] Office of Financial and Academic Affairs for Higher Education, or students at a public or independent institution of higher education in Connecticut. Any student assigned as a tutor pursuant to sections 10a-17b to 10a-17d, inclusive, shall receive academic credit pursuant to section 10a-149b.
Sec. 260. Subsection (e) of section 10a-37 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(e) ["Board" means the Board of Governors of Higher Education] "Office" means the Office of Financial and Academic Awards for Higher Education;
Sec. 261. Section 10a-38 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
In administering sections 10a-36 to 10a-42a, inclusive, the [Board of Governors of] Office of Financial and Academic Affairs for Higher Education shall develop and utilize fiscal procedures designed to insure accountability of the public funds expended pursuant to said sections. Such procedures shall include provisions for compliance audits which may be conducted by the [Department of] Office of Financial and Academic Affairs for Higher Education of any independent college or university which participates in the program established pursuant to sections 10a-36 to 10a-42a, inclusive. Commencing with the fiscal year ending June 30, 1989, and biennially thereafter, each such independent institution shall submit the results of an audit done by an independent certified public accountant for each year of participation in the program. Independent colleges and universities determined by the [board of governors] office not to be in substantial compliance with the provisions of sections 10a-40, 10a-41 and 10a-42g shall be ineligible to receive funds under the program for the fiscal year next following the fiscal year in which the independent college or university was determined not to be in substantial compliance pursuant to this section and for each fiscal year thereafter until the [board of governors] office determines that the college or university is in substantial compliance with the provisions of this section.
Sec. 262. Section 10a-39 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
In administering sections 10a-36 to 10a-42a, inclusive, the [Board of Governors of] Office of Financial and Academic Affairs for Higher Education shall annually request an appropriation for this program to be derived by: (1) Calculating the actual General Fund expenditures per full-time equivalent student at The University of Connecticut and in the Connecticut State University System, by taking the actual General Fund expenditures at The University of Connecticut and for the Connecticut State University System for the fiscal year two years prior to the grant year, as reported for higher education in the annual report on the state budget prepared by the Office of Fiscal Analysis, and dividing by the number of full-time equivalent students enrolled at The University of Connecticut and in the Connecticut State University System during said year as determined by the [Board of Governors of Higher Education] office; (2) calculating the number of full-time equivalent undergraduate Connecticut students enrolled at Connecticut independent colleges and universities during the fall semester of said fiscal year; and (3) multiplying the number of full-time equivalent undergraduate Connecticut students at Connecticut independent colleges by (A) twelve and three-tenths per cent of the actual General Fund expenditures per full-time equivalent student at The University of Connecticut and in the Connecticut State University System, as calculated in subdivision (1) of this section for appropriations made for the fiscal year ending June 30, 1988, (B) seventeen per cent of the actual General Fund expenditures per full-time equivalent student at The University of Connecticut and for the Connecticut State University System, as calculated in subdivision (1) of this section for appropriations made for the fiscal year ending June 30, 1989, and (C) twenty-five per cent of the actual General Fund expenditures per full-time equivalent student at The University of Connecticut and in the Connecticut State University System, as calculated in subdivision (1) of this section for appropriations made for the fiscal year ending June 30, 2004, and for each fiscal year thereafter.
Sec. 263. Section 10a-40 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The amount of the annual appropriation to be allocated to each independent college or university shall be determined by its actual full-time equivalent enrollment of Connecticut undergraduate students during the fall semester of the fiscal year two years prior to the grant year. The number of eligible undergraduate Connecticut students under sections 10a-36 to 10a-42a, inclusive, shall be determined by the [board] office but the awards based upon such computation shall not exceed the total available appropriation. Each participating college shall expend all of the moneys received under this program as direct financial assistance for grants for educational expenses and student employment to Connecticut undergraduate students. Direct financial assistance does not include loans to Connecticut students which must be repaid to the college at some future date. For each fiscal year a minimum of ten per cent of the total institutional state student financial aid which exceeds the amount appropriated to each independent institution for the fiscal year ending June 30, 1987, shall be used for student financial aid for needy minority students in accordance with the [board of governors'] office's plan for racial and ethnic diversity under section 10a-11. For each fiscal year a minimum of five per cent of the total amount of state student financial aid appropriated to each institution which exceeds the amount received by each institution for the fiscal year ending June 30, 1988, shall be used for on-campus or off-campus community service work-study placements. Participating independent colleges and universities shall provide the [Department of] Office of Financial and Academic Affairs for Higher Education with data and reports necessary to administer the program and shall maintain, for a period of not less than three years, records substantiating the reported number of full-time equivalent Connecticut students and documentation utilized by the college or university in determining eligibility of the Connecticut independent college student grant recipients. Such records shall be subject to audit. Funds not obligated by a college or university shall be returned by January fifteenth of the fiscal year of the grant to the [Department of] Office of Financial and Academic Affairs for Higher Education for reallocation to other institutions participating in this program. Except as provided in this section any funds so returned by a college or university shall be redistributed to all other independent colleges and universities participating in the program in accordance with the formula set forth in this section using the most recent enrollment data available to the [Board of Governors of] Office of Financial and Academic Affairs for Higher Education. For the fiscal year ending June 30, 2009, the [Department of] Office of Financial and Academic Affairs for Higher Education shall total the amount of funds returned by all independent colleges and universities and (1) if such total amount is five hundred thousand dollars or less, the [department] office shall not redistribute the funds, and (2) if such total amount is greater than five hundred thousand dollars, the [department] office shall redistribute an amount equal to the difference between such total amount and five hundred thousand dollars.
Sec. 264. Section 10a-42 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Board of Governors of] Office of Financial and Academic Affairs for Higher Education shall disburse to each participating college or university on or about September first of each year funds made available under this program.
Sec. 265. Section 10a-42g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Commencing with the fiscal year ending June 30, 1988, and for each fiscal year thereafter, an independent college or university participating in the Connecticut independent college student grant program pursuant to sections 10a-36 to 10a-42a, inclusive, shall annually submit to the [Board of Governors of] Office of Financial and Academic Affairs for Higher Education, at such time and in such manner as the [Commissioner of] executive director of the Office of Financial and Academic Affairs for Higher Education prescribes, a report of the total amount of need-based undergraduate student financial aid for Connecticut students, based on the information reported by such institution to the United States Department of Education, which was expended from institutional funds during the prior fiscal year. The report shall include an explanation of any significant variations in the amounts of such aid expended from institutional funds between the fiscal year two years prior and the fiscal year one year prior. The [board] office may require an institution participating in the Connecticut independent college student grant program to provide need-based undergraduate student financial aid for Connecticut students from institutional funds, provided the amount of such required aid not exceed an amount equal to the percentage at which the annual Connecticut independent college student grant program appropriation is funded pursuant to section 10a-39 times the Connecticut independent college student grant program allocation to an institution in that fiscal year.
Sec. 266. Section 10a-163a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Board of Governors of] Office of Financial and Academic Affairs for Higher Education is authorized to establish and administer a fund to be known as the Teacher Incentive Loan Program Fund and a fund to be known as the Academic Scholarship Loan Program Fund. All teacher incentive or academic scholarship loans and interest repayments made to the [Board of Governors of] Office of Financial and Academic Affairs for Higher Education and all unexpended balances of allocations made pursuant to subdivision (2) of subsection (c) of section 8 of special act 82-46, as amended by section 3 of public act 83-556 and section 5 of public act 85-479, shall be added to the respective funds. The [Board of Governors of] Office of Financial and Academic Affairs for Higher Education may (1) make expenditures from these funds to provide for: (A) Administrative and loan servicing costs; and (B) teacher incentive or academic scholarship loans as authorized under subsection (m) of section 2 of special act 82-46, as amended by section 2 of public act 83-556 and section 4 of public act 85-479 and (2) on and after July 1, 1995, transfer moneys, received as repayment of loans, from these funds to the appropriation to the [Department of] Office of Financial and Academic Affairs for Higher Education for capitol scholarship grants pursuant to section 10a-169. These funds shall not lapse or revert to the General Fund of the state.
Sec. 267. Section 10a-164a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The Board of [Governors of] Regents for Higher Education shall annually request an appropriation to the [Department of] Office of Financial and Academic Affairs for Higher Education equal to the amount required, for the fiscal year two years prior, for tuition waivers, tuition remissions, grants for educational expenses and student employment under subsection (f) of section 10a-77, subsection (f) of section 10a-99 and subsection (g) of section 10a-105. The [department] office shall allocate any such appropriation to The University of Connecticut, each of the Connecticut state universities and each of the regional community-technical colleges in accordance with a formula approved by the Board of [Governors of] Regents for Higher Education. The formula shall take into account the amount of federal student aid received by students at each institution. The amounts allocated shall be used to provide grants for educational expenses and student employment for residents of the state who demonstrate substantial financial need and are enrolled as full-time or part-time matriculated students in a degree-granting program or a precollege remedial program. For each fiscal year a minimum of ten per cent of the total amount of state student financial aid appropriated to each institution which exceeds the amount received by each institution for the fiscal year ending June 30, 1987, shall be used for student financial aid for needy minority students in accordance with the board's strategic plan for racial and ethnic diversity under section 10a-11. For each fiscal year a minimum of five per cent of the total amount of state student financial aid appropriated to each institution which exceeds the amount received by each institution for the fiscal year ending June 30, 1988, shall be used for on-campus or off-campus community service work-study placements. Individual awards shall not exceed a student's calculated financial need as determined on the basis of a needs analysis system approved by the United States Department of Education. Financial aid provided to Connecticut residents under this program shall be designated as a grant from the Connecticut aid to public college students grant program.
(b) Notwithstanding the provisions of subsection (a) of this section to the contrary, for the fiscal years ending June 30, 1989, and June 30, 1990, no institution shall have its allocation pursuant to this section reduced for the subsequent fiscal year solely because the institution did not use, for on-campus or off-campus community service work-study placements, a minimum of five per cent of the total amount of state student financial aid appropriated to the institution which exceeds the amount received by the institution for the fiscal year ending June 30, 1988.
(c) The Board of [Governors of] Regents for Higher Education shall request an appropriation to the [Department of] Office of Financial and Academic Affairs for Higher Education for each year of the biennium equal to the amount set aside by Charter Oak State College for fee waivers in the fiscal year two years prior to the fiscal year in which such appropriation will apply. Such amount shall not exceed fifteen per cent of the tuition and fees paid in the previous fiscal year. The [Department of] Office of Financial and Academic Affairs for Higher Education shall allocate any such appropriation to Charter Oak State College to be used to provide grants for educational expenses to residents of the state who demonstrate substantial financial need and who are matriculated in a degree program at Charter Oak State College. Individual awards shall not exceed a student's calculated financial need as determined by a needs analysis system approved by the United States Department of Education.
Sec. 268. Section 10a-168a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is established a Connecticut minority teacher incentive program administered by the [Department of] Office of Financial and Academic Affairs for Higher Education.
(b) Within available appropriations, the program shall provide grants to minority students (1) in teacher education programs for their junior or senior year, or both such years, at any four-year institution of higher education, (2) completing the requirements of such a teacher education program as a graduate student, provided such student received a grant pursuant to this section for one year at the undergraduate level, or (3) enrolled in the alternate route to certification program administered through the [Department of] Office of Financial and Academic Affairs for Higher Education. No student shall receive a grant under the program for more than two years. Maximum grants shall not exceed five thousand dollars per year. The [department] office shall ensure that at least ten per cent of the grant recipients are minority students who transfer from a Connecticut regional community-technical college.
(c) A minority student who received grants under subsection (b) of this section, and who teaches in a Connecticut public school upon graduation, shall be eligible for reimbursement of federal or state educational loans up to a maximum of two thousand five hundred dollars per year for up to four years of teaching service.
(d) Notwithstanding the provisions of subsections (b) and (c) of this section, the combined dollar value of grants and loan reimbursements shall not exceed twenty thousand dollars per student.
(e) For the fiscal years ending June 30, 2001, and June 30, 2002, the [Department of] Office of Financial and Academic Affairs for Higher Education may use up to two per cent of the funds appropriated for purposes of this section for program administration, promotion, recruitment and retention activities that are designed to increase the number of minority students pursuing teaching careers at Connecticut institutions of higher education.
Sec. 269. Section 10a-170 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The [Board of Governors of] Office of Financial and Academic Affairs for Higher Education may utilize up to one per cent of the total annual student financial assistance appropriation for administrative support associated with implementing the provisions of section 10a-169.
Sec. 270. Section 4-9c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Appointments made by the Governor to the [boards of trustees of the constituent units of the state system of higher education and to the Board for State Academic Awards] Board of Trustees of The University of Connecticut and the Board of Regents for Higher Education shall be subject to the confirmation process described in section 4-7.
Sec. 271. Subsection (a) of section 4d-90 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is established a Geospatial Information Systems Council consisting of the following members, or their designees: (1) The Secretary of the Office of Policy and Management; (2) the Commissioners of Environmental Protection, Economic and Community Development, Transportation, Public Safety, Public Health, Public Works, Agriculture, Emergency Management and Homeland Security and Social Services; (3) the Chief Information Officer of the Department of Information Technology; (4) the [Chancellor of the Connecticut State University System] president of the Board of Regents for Higher Education; (5) the president of The University of Connecticut; (6) the Executive Director of the Connecticut Siting Council; (7) one member who is a user of geospatial information systems appointed by the president pro tempore of the Senate representing a municipality with a population of more than sixty thousand; (8) one member who is a user of geospatial information systems appointed by the minority leader of the Senate representing a regional planning agency; (9) one member who is a user of geospatial information systems appointed by the Governor representing a municipality with a population of less than sixty thousand but more than thirty thousand; (10) one member who is a user of geospatial information systems appointed by the speaker of the House of Representatives representing a municipality with a population of less than thirty thousand; (11) one member appointed by the minority leader of the House of Representatives who is a user of geospatial information systems; (12) the chairperson of the Public Utilities Control Authority; (13) the Adjutant General of the Military Department; and (14) any other persons the council deems necessary appointed by the council. The Governor shall select the chairperson from among the members. The chairperson shall administer the affairs of the council. Vacancies shall be filled by appointment by the authority making the appointment. Members shall receive no compensation for their services on said council, but shall be reimbursed for necessary expenses incurred in the performance of their duties. Said council shall hold one meeting each calendar quarter and such additional meetings as may be prescribed by council rules. In addition, special meetings may be called by the chairperson or by any three members upon delivery of forty-eight hours written notice to each member.
Sec. 272. Subsection (g) of section 5-160 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(g) Any teacher in state service required as a condition of his employment to hold an appropriate certificate of qualification issued by the State Board of Education under the provisions of section 10-145a and any teacher or professional staff member employed by the Board of [Governors of] Regents for Higher Education or any of [its] the constituent units shall elect membership either in the retirement system or the teachers' retirement system subject to the provisions of section 10-183p, provided on or after October 1, 1975, any such employee who is appointed to a position which makes him eligible for membership in an alternate retirement program as authorized by subsections (u) and (v) of section 5-154, sections 5-156 and 5-158f and this subsection, and who elects such membership, shall not be required to become a member of the state employees retirement system or the Teachers' Retirement Association. Each such teacher shall be notified of the above option when he accepts his employment. If any such teacher shall not have made an election within one month after employment, he shall be deemed to have elected membership in the state employees retirement system. In the administration of this section, the board of trustees of the institution or unit employing the teacher and said board shall each perform, for the persons employed by it, the duties prescribed by chapter 167a for boards of education and the chief administrative officer of such institution, unit or board shall perform those prescribed in said chapter for the superintendent of schools.
Sec. 273. Section 5-199d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The Department of Administrative Services or any other state agency which seeks to contract for training for their employees shall, prior to entering into a contract, contact the [chancellor of the regional community-technical colleges, or his] president of the Board of Regents for Higher Education, or said president's designee, to determine if an appropriate training program exists or can be designed at a regional community-technical college. Nothing in this section shall preclude an agency from considering or choosing other providers to meet such training need.
Sec. 274. Subsection (a) of section 7-323k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is established a Commission on Fire Prevention and Control to consist of twelve members appointed by the Governor. The State Fire Marshal or his or her designee and [the chancellor of the community-technical colleges] the president of the Board of Regents for Higher Education or his or her designee shall serve as ex-officio, voting members of said commission. Of the twelve members appointed by the Governor, two shall represent The Connecticut State Firemen's Association, two shall represent the Connecticut Fire Chiefs Association, two shall represent the Uniformed Firefighters of the International Association of Firefighters, AFL-CIO, two shall represent the Connecticut Fire Marshals Association, two shall represent the Connecticut Fire Department Instructors Association and two shall represent the Connecticut Conference of Municipalities.
Sec. 275. Subsection (a) of section 7-608 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) There is established a Neighborhood Revitalization Zone Advisory Board. The board shall consist of the following voting members: (1) The Secretary of the Office of Policy and Management; (2) the President of the Connecticut Institute of Municipal Studies; (3) the [chancellor of the Regional Community-Technical Colleges] president of the Board of Regents for Higher Education; (4) the heads of those state agencies deemed appropriate by the secretary; (5) the chief executive officer of a municipality in which a neighborhood revitalization zone planning committee, pursuant to this chapter, was established on or before July 1, 1998; and (6) one member of each such neighborhood revitalization zone planning committee appointed by the chief executive officer based upon recommendations submitted to him by such committee. In a municipality having more than one neighborhood revitalization zone planning committee, each committee shall submit its recommendations to the chief executive officer and he shall choose the board member to be appointed from such recommendations. Each member of the board may designate a person to represent him on said board. The membership of the board shall be increased on September 1, 1999, and annually thereafter, to reflect the addition of a municipal chief executive officer and a member of a neighborhood revitalization zone planning committee having been established in the preceding twelve months, in a municipality not previously represented on said board. The members of the board shall serve without compensation.
Sec. 276. Subsection (a) of section 10-9 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) The State Treasurer may receive in the name of the state any money or property given or bequeathed to the state, to the Board of [Governors of] Regents for Higher Education or to any of [its] the constituent units for educational purposes, and may expend the same or any income therefrom according to the terms of the gift or bequest. Such money or property shall be invested by the Treasurer in accordance with the provisions of section 3-31a.
Sec. 277. Subdivision (14) of section 10-183b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(14) "Employer" means an elected school committee, a board of education, the State Board of Education, the [board of governors] Board of Regents for Higher Education or any of [its] the constituent units, the governing body of the Children's Center and its successors, the E. O. Smith School and any other activity, institution or school employing members.
Sec. 278. Subdivision (26) of section 10-183b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(26) "Teacher" means (A) any teacher, permanent substitute teacher, principal, assistant principal, supervisor, assistant superintendent or superintendent employed by the public schools in a professional capacity while possessing a certificate or permit issued by the State Board of Education, provided on and after July 1, 1975, such certificate shall be for the position in which the person is then employed, except as provided for in section 10-183qq, (B) certified personnel who provide health and welfare services for children in nonprofit schools, as provided in section 10-217a, under an oral or written agreement, (C) any person who is engaged in teaching or supervising schools for adults if the annual salary paid for such service is equal to or greater than the minimum salary paid for a regular, full-time teaching position in the day schools in the town where such service is rendered, (D) a member of the professional staff of the State Board of Education or of the Board of [Governors of] Regents for Higher Education or any of [its] the constituent units, and (E) a member of the staff of the State Education Resource Center established pursuant to section 10-4q employed in a professional capacity while possessing a certificate or permit issued by the State Board of Education. A "permanent substitute teacher" is one who serves as such for at least ten months during any school year.
Sec. 279. Subsection (a) of section 10-236a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Each board of education shall protect and save harmless any member of such board or any teacher or other employee thereof or any member of its supervisory or administrative staff, and the State Board of Education, the [Board of Governors of Higher Education, the board of trustees of each state institution] Board of Regents for Higher Education, the Board of Trustees for The University of Connecticut, and each state agency which employs any teacher, and the managing board of any public school, as defined in section 10-183b, as amended by this act, shall protect and save harmless any member of such boards, or any teacher or other employee thereof or any member of its supervisory or administrative staff employed by it, from financial loss and expense, including payment of expenses reasonably incurred for medical or other service necessary as a result of an assault upon such teacher or other employee while such person was acting in the discharge of his or her duties within the scope of his employment or under the direction of such board of education, Board of [Governors of] Regents for Higher Education, [board of trustees,] Board of Regents for Higher Education, board of trustees, state agency, department or managing board, which expenses are not paid by the individual teacher's or employee's insurance, workers' compensation or any other source not involving an expenditure by such teacher or employee.
Sec. 280. Section 10a-20 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
Notwithstanding the provisions of any general statute or special act to the contrary, the selection, appointment, assignment of duties, amount of compensation, sick leave, vacation, leaves of absence, termination of service, rank and status of the individual members of the respective professional staffs of the system of higher education shall be under the sole jurisdiction of the respective boards of trustees within available funds. [The Board of Governors of Higher Education shall, in consultation with the Boards of Trustees of the Community-Technical Colleges and the Connecticut State University System and the Board for State Academic Awards, develop personnel guidelines for the central office staffs of said boards of trustees. The Board of Governors of Higher Education and the constituent unit boards shall each determine who constitutes the professional staffs of their respective units and establish compensation and classification schedules for their professional staffs.] Each constituent board shall annually submit to the Commissioner of Administrative Services a list of the positions which it has included within the professional staff.
Sec. 281. Subsections (d) and (e) of section 10a-91d of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(d) (1) In accordance with the provisions of chapters 59 and 60, the Commissioner of Public Works shall be responsible for the duties as specified in said provisions, and, on a quarterly basis, the commissioner shall provide [the chancellor of] the system with information needed for compliance with sections 10a-91a to 10a-91h, inclusive, including, but not limited to, costs, timeliness of completion of projects and any issues that have developed in implementation of any project under the commissioner's jurisdiction.
(2) Not later than January 1, 2009, and annually thereafter, the Commissioner of Public Works shall, in accordance with section 11-4a, report to the Governor and the General Assembly on any (A) construction management services costs, (B) administrative services costs, and (C) costs of fees associated with CSUS 2020.
(e) The Commissioner of Public Safety and [the chancellor of] the system shall enter into and maintain a memorandum of understanding that shall provide for the assignment of personnel from the Department of Public Safety to ensure that buildings or projects that are part of the CSUS 2020 program are designed and constructed in compliance with the Fire Safety Code and the State Building Code with respect to buildings or building projects that (1) are part of CSUS 2020, as authorized by sections 10a-91a to 10a-91h, inclusive, (2) do not meet the threshold limits, as defined in section 29-276b, and (3) construction of which is initiated during the period of time in which the memorandum is in effect.
Sec. 282. Subsection (b) of section 14-19a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(b) The Department of Motor Vehicles, in consultation with the Board of [Governors of the Department of] Regents for Higher Education, shall adopt regulations, in accordance with the provisions of chapter 54, to establish standards for the issuance and renewal of collegiate special number plates with the logos or emblems of Connecticut public and independent institutions of higher education.
Sec. 283. Section 31-3c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
The Labor Commissioner, with the approval of the Commissioners of Economic and Community Development and Education, shall establish a customized job training program for preemployment and postemployment job training for the purpose of meeting the labor requirements of manufacturing or economic base businesses, as defined in subsection (l) of section 32-222, and shall implement such job training program. Such job training program shall include training designed to increase the basic skills of employees, including, but not limited to, training in written and oral communication, mathematics or science, or training in technical and technological skills. The Labor Commissioner shall use funds appropriated to the Labor Department for vocational and manpower training in carrying out such job training program, except that not more than four per cent of such funds may be used to pay the cost of its administration. Upon receipt of a request for job training pursuant to this section, the Labor Commissioner shall notify the [chancellor of the regional community-technical colleges] president of the Board of Regents for Higher Education, or his or her designee, of such request. The [chancellor] president, or his or her designee, shall determine if a training program exists or can be designed at a regional community-technical college to meet such training need and shall notify the Labor Commissioner of such determination. The Labor Commissioner shall to the extent possible make arrangements for the participation of the regional community-technical colleges, the Connecticut State University System, other institutions of higher education, other postsecondary institutions, adult education programs, opportunities industrialization centers and state regional vocational-technical schools in implementing the program. Nothing in this section shall preclude the Labor Commissioner from considering or choosing other providers to meet such training need. Nothing in this section shall preclude an employer from considering or choosing other providers to meet the training needs of such employer, provided the Labor Commissioner approves such employer's use of such other providers. For the period from July 1, 1996, to June 30, 1999, the Labor Commissioner, or his or her designee, the chancellor of the community-technical colleges and the chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to education shall meet semiannually to review actions taken pursuant to this section and section 32-6j.
Sec. 284. Section 32-6j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
In the assessment and provision of job training for employers, the Commissioner of Economic and Community Development and the executive director of the Connecticut Development Authority shall request the assistance of the Labor Commissioner. Upon receipt of a request for job training pursuant to this section, the Labor Commissioner shall notify the [chancellor of the regional community-technical colleges] president of the Board of Regents for Higher Education, or his or her designee, of such request. The [chancellor] president, or his or her designee, shall determine if a training program exists or can be designed at a regional community-technical college to meet such training need and shall notify the Labor Commissioner of such determination. The Labor Commissioner shall to the extent possible make arrangements for the participation of the regional community-technical colleges, the Connecticut State University System, other institutions of higher education, other postsecondary institutions, adult education programs and state regional vocational-technical schools in implementing the program. Nothing in this section shall preclude the Labor Commissioner from considering or choosing other providers to meet such training need.
Sec. 285. (NEW) (Effective July 1, 2011) (a) Wherever the term "Board of Governors of Higher Education" is used or referred to in the following sections of the general statutes, the term "Board of Regents for Higher Education" shall be substituted in lieu thereof: 3-22e, 4-38c, 4-67x, 4-89, 4-186, 4d-80, 4d-82, 5-160, 5-177, 10-16p, 10-19, 10-145a, 10-145b, 10-145m, 10-145n, 10-145p, 10-155e, 10-155l, 10-183n, 10-220a, 10-235, 10a-6, 10a-7, 10a-10, 10a-12b, 10a-13, 10a-16, 10a-19i, 10a-20a, 10a-22, 10a-24, 10a-25j, 10a-25o, 10a-25p, 10a-31, 10a-33, 10a-36, 10a-42b, 10a-43, 10a-44b, 10a-45, 10a-46, 10a-48, 10a-48b, 10a-49, 10a-51, 10a-54, 10a-66, 10a-74, 10a-78, 10a-132a, 10a-149, 10a-161, 10a-162a, 10a-163, 10a-163b, 10a-166, 10a-168, 10a-169, 10a-170b, 10a-170d, 10a-170l, 10a-170m, 10a-170u, 10a-170v, 10a-170w, 10a-171, 10a-203, 10a-210, 12-407, 19a-75, 20-37a, 20-206bb, 30-20a and 52-279.
(b) Wherever the term "Department of Higher Education" is used or referred to in the following sections of the general statutes, the term "Board of Regents for Higher Education" shall be substituted in lieu thereof: 4-89, 4-124x, 4-124y, 4-124aa, 4a-11, 4d-82, 5-155a, 5-198, 10-8c, 10-76i, 10-145b, 10-221a, 10a-1, 10a-8b, 10a-8c, 10a-10, 10a-12, 10a-14, 10a-17, 10a-19c, 10a-19e, 10a-19f, 10a-19g, 10a-19i, 10a-25, 10a-25n, 10a-48, 10a-54, 10a-55g, 10a-65, 10a-77a, 10a-99a, 10a-109i, 10a-151, 10a-161b, 10a-163, 10a-163b, 10a-169a, 10a-169b, 10a-170a, 10a-170e, 10a-170i, 10a-170l, 10a-170r, 10a-170t, 10a-170u, 11-1, 17a-52, 17a-215c and 20-206bb.
(c) Wherever the term "Commissioner of Higher Education" is used or referred to in the following sections of the general statutes, the term "president of the Board of Regents for Higher Education" shall be substituted in lieu thereof: 3-22e, 4-124x, 4-124y, 4-124aa, 10-1, 10-16p, 10-16z, 10a-19d, 10a-19e, 10a-19f, 10a-19h, 10a-48, 10a-48b, 10a-55a, 10a-77a, 10a-99a, 10a-109i, 10a-112g, 10a-144, 10a-150, 10a-150b, 10a-161a, 10a-161b, 10a-163, 10a-169a, 10a-169b, 10a-170c, 10a-170d, 10a-170i, 10a-170k, 10a-170s, 10a-170t, 10a-203, 10a-224, 12-413b, 17a-52, 32-4f, 32-35 and 32-39.
(d) Wherever the terms "Board of Governors of Higher Education" or "Department of Higher Education" are used or referred to in any public or special act of 2011, the term "Board of Regents for Higher Education" shall be substituted in lieu thereof.
(e) Wherever the term "Commissioner of Higher Education" is used or referred to in any public or special act of 2011, the term "president of the Board of Regents for Higher Education" shall be substituted in lieu thereof.
(f) The Legislative Commissioners' Office shall, in codifying the provisions of this section, make such technical, conforming, grammatical and punctuation changes as are necessary to carry out the provisions of this section.
Sec. 286. Subsection (b) of section 9-601a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on and after said date):
(b) As used in this chapter and [sections 9-700 to 9-716, inclusive] chapter 157, "contribution" does not mean:
(1) A loan of money made in the ordinary course of business by a national or state bank;
(2) Any communication made by a corporation, organization or association to its members, owners, stockholders, executive or administrative personnel, or their families;
(3) Nonpartisan voter registration and get-out-the-vote campaigns by any corporation, organization or association aimed at its members, owners, stockholders, executive or administrative personnel, or their families;
(4) Uncompensated services provided by individuals volunteering their time on behalf of a party committee, political committee, slate committee or candidate committee, including any services provided for the benefit of nonparticipating and participating candidates under the Citizens' Election Program and any unreimbursed travel expenses made by an individual who volunteers the individual's personal services to any such committee. For purposes of this subdivision, an individual is a volunteer if such individual is not receiving compensation for such services regardless of whether such individual received compensation in the past or may receive compensation in the future for such services;
(5) The use of real or personal property, and the cost of invitations, food or beverages, voluntarily provided by an individual to a candidate, [or on behalf of a state central or town committee] including a nonparticipating or participating candidate under the Citizens' Election Program, party, political or slate committee, in rendering voluntary personal services [for candidate or party-related activities] at the individual's [residence] residential premises or a community room in the individual's residence facility, to the extent that the cumulative value of the invitations, food or beverages provided for any single event by [the] an individual on behalf of any [single] candidate or committee does not exceed [two] four hundred dollars with respect to any [single] calendar year or primary or general election, as the case may be, and [on behalf of all state central and town committees] does not exceed eight hundred dollars for any such event hosted by two or more individuals, provided at least one such individual owns or resides at the residential premises, and further provided the cumulative value of the invitations, food or beverages provided by an individual on behalf of any such candidate or committee does not exceed [four] eight hundred dollars in any calendar year or single election, as the case may be;
(6) The sale of food or beverage [for use in a candidate's campaign or] for use by a [state central or town committee] party, political, slate or candidate committee, including those for a participating or nonparticipating candidate, at a discount, if the charge is not less than the cost to the vendor, to the extent that the cumulative value of the discount given to or on behalf of any single candidate committee does not exceed [two] four hundred dollars with respect to any single primary or election, [and] or to or on behalf of [all state central and town committees] any party, political or slate committee, does not exceed [four] six hundred dollars in a calendar year;
(7) The display of a lawn sign by a human being or real property;
[(7) Any unreimbursed payment for travel expenses made by an individual who on the individual's own behalf volunteers the individual's personal services to any single candidate to the extent the cumulative value does not exceed two hundred dollars with respect to any single election, and on behalf of all state central or town committees does not exceed four hundred dollars in a calendar year;]
(8) The payment, by a party committee [, political committee or an individual,] or slate committee of the costs of preparation, display, mailing or other distribution incurred by the committee or individual with respect to any printed slate card, sample ballot or other printed list containing the names of three or more candidates;
(9) The donation of any item of personal property by an individual to a committee for a fund-raising affair, including a tag sale or auction, or the purchase by an individual of any such item at such an affair, to the extent that the cumulative value donated or purchased does not exceed [fifty] one hundred dollars;
(10) (A) The purchase of advertising space which clearly identifies the purchaser, in a program for a fund-raising affair sponsored by the candidate committee of a candidate for an office of a municipality, provided the cumulative purchase of such space does not exceed two hundred fifty dollars from any single such candidate or the candidate's committee with respect to any single election campaign if the purchaser is a business entity or fifty dollars for purchases by any other person;
(B) The purchase of advertising space which clearly identifies the purchaser, in a program for a fund-raising affair or on signs at a fund-raising affair sponsored by a town committee, provided the cumulative purchase of such space does not exceed two hundred fifty dollars from any single town committee in any calendar year if the purchaser is a business entity or fifty dollars for purchases by any other person. Notwithstanding the provisions of this subparagraph, the following may not purchase advertising space in a program for a fund-raising affair or on signs at a fund-raising affair sponsored by a town committee: (i) A communicator lobbyist, (ii) a member of the immediate family of a communicator lobbyist, (iii) a state contractor, (iv) a prospective state contractor, or (v) a principal of a state contractor or prospective state contractor. As used in this subparagraph, "state contractor", "prospective state contractor" and "principal of a state contractor or prospective state contractor" have the same meanings as provided in subsection (g) of section 9-612;
(11) The payment of money by a candidate to the candidate's candidate committee, provided the committee is for a nonparticipating candidate;
(12) The donation of goods or services by a business entity to a committee for a fund-raising affair, including a tag sale or auction, to the extent that the cumulative value donated does not exceed [one] two hundred dollars;
(13) The advance of a security deposit by an individual to a telephone company, as defined in section 16-1, for telecommunications service for a committee or to another utility company, such as an electric company, provided the security deposit is refunded to the individual;
(14) The provision of facilities, equipment, technical and managerial support, and broadcast time by a community antenna television company, as defined in section 16-1, for community access programming pursuant to section 16-331a, unless (A) the major purpose of providing such facilities, equipment, support and time is to influence the nomination or election of a candidate, or (B) such facilities, equipment, support and time are provided on behalf of a political party;
(15) The sale of food or beverage by a town committee to an individual at a town fair, county fair, local festival or similar mass gathering held within the state, to the extent that the cumulative payment made by any one individual for such items does not exceed fifty dollars;
(16) An organization expenditure by a party committee, legislative caucus committee or legislative leadership committee;
(17) The donation of food or beverage by an individual for consumption at a slate, candidate, [legislative caucus, legislative leadership] political committee or party committee meeting, event or activity that is not a fund-raising affair to the extent that the cumulative value of the food or beverages donated by an individual for a single meeting or event does not exceed fifty dollars; or
(18) The value associated with the de minimis [campaign] activity on behalf of a party committee, political committee, slate committee [legislative caucus committee, legislative leadership committee,] or candidate committee, including for activities [undertaken for the benefit of participating and nonparticipating candidates under the Citizens' Election Program of] including, but not limited to, (A) the creation of electronic or written communications created on a voluntary basis without compensation, including, but not limited to, the creation and ongoing content development and delivery of social media on the Internet or telephone, including, but not limited to, the sending or receiving of electronic mail or messages, [from an individual's personal computer or cellular telephone when compensation is not remitted to such individual for the sending of such electronic mail or messages; or] (B) the posting or display of a candidate's name or group of candidates' names at a town fair, county fair, local festival or similar mass gathering by a party committee, or (C) the use of personal property or a service that is customarily attendant to the occupancy of a residential dwelling, or the donation of an item or items of personal property that are customarily used for campaign purposes, by an individual, to a candidate committee, provided the cumulative fair market value of such use of personal property or service or items of personal property does not exceed one hundred dollars in the aggregate for any single election or calendar year, as the case may be. For purposes of this subdivision, "social media" means an electronic medium where users may create and view user-generated content, such as uploaded or downloaded videos or still photographs, blogs, video blogs, podcasts or instant messages.
[(19) The display of a lawn sign by a human being or on real property.]
Sec. 287. Subsection (a) of section 9-603 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Statements filed by party committees, political committees formed to aid or promote the success or defeat of a referendum question proposing a constitutional convention, constitutional amendment or revision of the Constitution, individual lobbyists, and those political committees and candidate committees formed to aid or promote the success or defeat of any candidate for the office of Governor, Lieutenant Governor, Secretary of the State, State Treasurer, State Comptroller, Attorney General, judge of probate and members of the General Assembly, shall be filed with the State Elections Enforcement Commission. [A copy of each statement filed by a town committee shall be filed at the same time with the town clerk of the municipality in which the committee is situated.] A political committee formed for a slate of candidates in a primary for the office of justice of the peace shall file statements with [both the State Elections Enforcement Commission and] the town clerk of the municipality in which the primary is to be held.
Sec. 288. Subsection (b) of section 9-606 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on and after said date):
(b) A contribution in the form of a check drawn on a joint bank account shall, for the purpose of allocation, be deemed to be a contribution made by the individual who signed the check. If a check is signed by more than one individual, the total amount of the check shall be divided equally among the cosigners for the purpose of allocation, except such contribution shall be allocated in accordance with the provisions of a written statement, if any, from the holders of such joint bank account that indicates how such contribution should be differently allocated. If a committee receives an anonymous contribution, [of more than fifteen dollars] the campaign treasurer shall immediately remit the contribution to the [State Treasurer] State Elections Enforcement Commission for deposit in the General Fund. [The State Treasurer shall deposit the contribution in the General Fund.]
Sec. 289. Subsection (a) of section 9-608 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on or after said date):
(a) (1) Each [campaign] treasurer of a committee, other than a state central committee, shall file a statement, sworn under penalty of false statement with the proper authority in accordance with the provisions of section 9-603, as amended by this act, (A) on the tenth calendar day in the months of January, April, July and October, provided, if such tenth calendar day is a Saturday, Sunday or legal holiday, the statement shall be filed on the next business day, (B) on the seventh day preceding each regular state election, except that (i) in the case of a candidate or exploratory committee established for an office to be elected at a municipal election, the statement shall be filed on the seventh day preceding a regular municipal election in lieu of such date, [and] (ii) in the case of a town committee, the statement shall be filed on the seventh day preceding each municipal election in addition to such date, and (iii) in the case of a candidate committee in a state election that is required to file any supplemental campaign finance statements pursuant to subdivisions (1) and (2) of subsection (a) of section 9-712, as amended by this act, such supplemental campaign finance statements shall satisfy the filing requirement under this subdivision, and (C) if the committee has made or received a contribution or expenditure in connection with any other election, a primary or a referendum, on the seventh day preceding the election, primary or referendum, except that in the case of a candidate committee in a primary that is required to file statements pursuant to subdivisions (1) and (2) of subsection (a) of section 9-712, as amended by this act, such statements shall satisfy filing requirement under this subdivision. The statement shall be complete as of eleven fifty-nine o'clock p.m. of the last day of the month preceding the month in which the statement is required to be filed, except that for the statement required to be filed on the seventh day preceding the election, primary or referendum, the statement shall be complete as of [seven days] eleven fifty-nine o'clock p.m. of the second day immediately preceding the required filing day. The statement shall cover a period to begin with the first day not included in the last filed statement. In the case of a candidate committee, the statement required to be filed in January shall be in lieu of the statement formerly required to be filed within forty-five days following an election.
(2) Each campaign treasurer of a candidate committee, within thirty days following any primary, and each campaign treasurer of a political committee formed for a single primary, election or referendum, within forty-five days after any election or referendum not held in November, shall file statements in the same manner as is required of them under subdivision (1) of this subsection. If the campaign treasurer of a candidate committee established by a candidate, who is unsuccessful in the primary or has terminated his candidacy prior to the primary, distributes all surplus funds within thirty days following the scheduled primary and discloses the distribution on the postprimary statement, such campaign treasurer shall not be required to file any subsequent statement unless the committee has a deficit, in which case he shall file any required statements in accordance with the provisions of subdivision (3) of subsection (e) of this section.
(3) In the case of state central committees, (A) on the tenth calendar day in the months of January, April and July, provided, if such tenth calendar day is a Saturday, Sunday or legal holiday, on the next business day, and (B) on the twelfth day preceding any election, the campaign treasurer of each such committee shall file with the proper authority, a statement, sworn under penalty of false statement, complete as of the last day of the month immediately preceding the month in which such statement is to be filed in the case of statements required to be filed in January, April and July, and complete as of the nineteenth day preceding an election, in the case of the statement required to be filed on the twelfth day preceding an election, and in each case covering a period to begin with the first day not included in the last filed statement.
Sec. 290. Subsections (c) to (e), inclusive, of section 9-608 of the general statutes are repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on and after said date):
(c) (1) Each statement filed under subsection (a), (e) or (f) of this section shall include, but not be limited to: (A) An itemized accounting of each contribution, if any, including the full name and complete address of each contributor and the amount of the contribution; (B) [in the case of anonymous contributions, the total amount received and the denomination of the bills; (C)] an itemized accounting of each expenditure, if any, including the full name and complete address of each payee, including secondary payees whenever the primary or principal payee is known to include charges which the primary payee has already paid or will pay directly to another person, vendor or entity, the amount and the purpose of the expenditure, the candidate supported or opposed by the expenditure, whether the expenditure is made independently of the candidate supported or is an in-kind contribution to the candidate, and a statement of the balance on hand or deficit, as the case may be; [(D)] (C) an itemized accounting of each expense incurred but not paid, provided if the expense is incurred by use of a credit card, the accounting shall include secondary payees, and the amount owed to each such payee; [(E)] (D) the name and address of any person who is the guarantor of a loan to, or the cosigner of a note with, the candidate on whose behalf the committee was formed, or the campaign treasurer in the case of a party committee or a political committee or who has advanced a security deposit to a telephone company, as defined in section 16-1, for telecommunications service for a committee; [(F)] (E) for each business entity or person purchasing advertising space in a program for a fund-raising affair or on signs at a fund-raising affair, the name and address of the business entity or the name and address of the person, and the amount and aggregate amounts of such purchases; [(G)] (F) for each individual who contributes in excess of one hundred dollars but not more than one thousand dollars, in the aggregate, to the extent known, the principal occupation of such individual and the name of the individual's employer, if any; [(H)] (G) for each individual who contributes in excess of one thousand dollars in the aggregate, the principal occupation of such individual [,] and the name of the individual's employer, if any; [(I)] (H) for each itemized contribution made by a lobbyist, the spouse of a lobbyist or any dependent child of a lobbyist who resides in the lobbyist's household, a statement to that effect; and [(J)] (I) for each individual who contributes in excess of four hundred dollars in the aggregate to or for the benefit of any candidate's campaign for nomination at a primary or election to the office of chief executive officer or a slate or town committee financing the nomination or election or a candidate for chief executive officer of a town, city or borough, a statement indicating whether the individual or a business with which he is associated has a contract with said municipality that is valued at more than five thousand dollars. Each campaign treasurer shall include in such statement (i) an itemized accounting of the receipts and expenditures relative to any testimonial affair held under the provisions of section 9-609 or any other fund-raising affair, which is referred to in subsection (b) of section 9-601a, as amended by this act, and (ii) the date, location and a description of the affair, except that a campaign treasurer shall not be required to include the name of any individual who has purchased items at a fund-raising affair or food at a town fair, county fair or similar mass gathering, if the cumulative value of items purchased by such individual does not exceed one hundred dollars, or the name of any individual who has donated food or beverages for a meeting. A campaign treasurer shall not be required to report or retain any receipts or expenditures related to any de minimis donations described in subdivision (17) of subsection (b) of section 9-601a, as amended by this act.
(2) Each contributor described in subparagraph [(G), (H), (I) or (J)] (F), (G), (H) or (I) of subdivision (1) of this subsection shall, at the time the contributor makes such a contribution, provide the information [which] that the campaign treasurer is required to include under said subparagraph in the statement filed under subsection (a), (e) or (f) of this section. Notwithstanding any provision of subdivision (2) of section 9-7b, any contributor described in subparagraph [(G)] (F) of subdivision (1) of this subsection who does not provide such information at the time the contributor makes such a contribution and any treasurer shall not be subject to the provisions of subdivision (2) of section 9-7b. If a campaign treasurer receives a contribution from an individual which separately, or in the aggregate, is in excess of one thousand dollars and the contributor has not provided the information required by said subparagraph [(H)] (G) or if a campaign treasurer receives a contribution from an individual to or for the benefit of any candidate's campaign for nomination at a primary or election to the office of chief executive officer of a town, city or borough, which separately, or in the aggregate, is in excess of four hundred dollars and the contributor has not provided the information required by said subparagraph [(J)] (I), the campaign treasurer: (i) [Within] Not later than three business days after receiving the contribution, shall send a request for such information to the contributor by certified mail, return receipt requested; (ii) shall not deposit the contribution until the campaign treasurer obtains such information from the contributor, notwithstanding the provisions of section 9-606, as amended by this act; and (iii) shall return the contribution to the contributor if the contributor does not provide the required information [within] not later than fourteen days after the treasurer's written request or the end of the reporting period in which the contribution was received, whichever is later. Any failure of a contributor to provide the information which the campaign treasurer is required to include under said subparagraph [(G) or (I)] (F) or (H), which results in noncompliance by the campaign treasurer with the provisions of said subparagraph [(G) or (I)] (F) or (H), shall be a complete defense to any action against the campaign treasurer for failure to disclose such information.
(3) In addition to the requirements of subdivision (2) of this subsection, each contributor who makes a contribution to a candidate or exploratory committee for Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State, State Treasurer, state senator or state representative, any political committee authorized to make contributions to such candidates or committees, and any party committee that separately, or in the aggregate, exceeds fifty dollars shall provide with the contribution: [a certification that the contributor is not a principal of a state contractor or prospective state contractor, as defined in subsection (g) of section 9-612, nor a communicator lobbyist or a member of the immediate family of a communicator lobbyist and shall provide the name of the employer of the contributor] (A) The name of the contributor's employer, if any; (B) the contributor's status as a communicator lobbyist, as defined in section 1-91, a member of the immediate family of a communicator lobbyist, a state contractor, a prospective state contractor or a principal of a state contractor or prospective state contractor, as defined in section 9-612; and (C) a certification that the contributor is not prohibited from making a contribution to such candidate or committee. The State Elections Enforcement Commission shall prepare a sample form for such certification by the contributor and shall make it available to campaign treasurers and contributors. Such sample form shall include an explanation of the terms "communicator lobbyist", [and] "principal of a state contractor or [principal of a] prospective state contractor", "immediate family", "state contractor" and "prospective state contractor". The information on such sample form shall be included in any written solicitation conducted by any such committee. If a campaign treasurer receives such a contribution and the contributor has not provided such certification, the campaign treasurer shall: [(A)] (i) Not later than three business days after receiving the contribution, send a request for the certification to the contributor by certified mail, return receipt requested; [(B)] (ii) not deposit the contribution until the campaign treasurer obtains the certification from the contributor, notwithstanding the provisions of section 9-606, as amended by this act; and [(C)] (iii) return the contribution to the contributor if the contributor does not provide the certification not later than fourteen days after the treasurer's written request or at the end of the reporting period in which the contribution was received, whichever is later. No treasurer shall be required to obtain and keep more than one certification from each contributor, unless information certified to by the contributor, other than the amount contributed, changes. If a campaign treasurer deposits a contribution based on a certification that is later determined to be false, the treasurer shall [not be in violation of this subdivision] have a complete defense to any action, including but not limited to, any complaint investigated by the State Elections Enforcement Commission or any other investigation initiated by said commission, against such campaign treasurer for the receipt of such contribution.
(4) Contributions from a single individual to a campaign treasurer in the aggregate totaling fifty dollars or less need not be individually identified in the statement, but a sum representing the total amount of all such contributions made by all such individuals during the period to be covered by such statement shall be a separate entry, identified only by the words "total contributions from small contributors".
(5) Each statement filed by the campaign treasurer of a party committee, a legislative caucus committee or a legislative leadership committee shall include an itemized accounting of each organization expenditure made by the committee. Concomitant with the filing of any such statement containing an accounting of an organization expenditure made by the committee for the benefit of [a participating] any candidate for the office of state senator, [or] state representative, Governor, Lieutenant Governor, Attorney General, Secretary of the State, State Comptroller or State Treasurer such campaign treasurer shall provide notice of [the amount and purpose of] the organization expenditure to the candidate committee of such candidate.
(6) [In addition to the other applicable requirements of this section, the campaign treasurer of a candidate committee of a participating candidate for the office of state senator or state representative who has received the benefit of any organization expenditure shall, not later than the time of dissolving such committee, file a statement with the State Elections Enforcement Commission that lists, if known to such candidate committee, the committee which made such organization expenditure for such candidate's behalf and the amount and purpose of such organization expenditure.] The commission shall post a link on the home page of the commission's Internet web site to a listing of all organizational expenditures reported by a party, legislative leadership or caucus committee under subdivision (5) of this subsection. Such information shall include reported information on the committee making the expenditure, the committee receiving the expenditure and the date and purpose for the expenditure.
(7) Statements filed in accordance with this section shall remain public records of the state for five years from the date such statements are filed.
(d) At the time of filing statements required under this section, the campaign treasurer of each candidate committee shall send to the candidate a duplicate statement and the campaign treasurer of each party committee and each political committee other than an exploratory committee shall send to the chairman of the committee a duplicate statement. Each statement required to be filed with the commission under this section, [and subsection (g) of section 9-610,] subsection (e) of section 9-612, section 9-706, as amended by this act, or section 9-712, as amended by this act, shall be deemed to be filed in a timely manner if: (1) For a statement filed as a hard copy, including, but not limited to, a statement delivered by the United States Postal Service, courier service, parcel service or hand delivery, the statement is received by the commission by five o'clock p.m. on the day the statement is required to be filed, (2) for a statement authorized by the commission to be filed electronically, including, but not limited to, a statement filed via dedicated electronic mail, facsimile machine, a web-based program created by the commission or other electronic means, the statement is transmitted to the commission not later than eleven fifty-nine o'clock p.m. on the day the statement is required to be filed, or (3) for a statement required to be filed pursuant to subsection (e) of section 9-612, section 9-706, as amended by this act, or section 9-712, as amended by this act, by the deadline specified in each such section. Any other filing required to be filed with a town clerk pursuant to this section shall be deemed to be filed in a timely manner if it is delivered by hand to the office of the [proper authority] town clerk in accordance with the provisions of section 9-603, as amended by this act, before four-thirty o'clock p.m. or postmarked by the United States Postal Service before midnight on the required filing day. If the day for any [such] filing falls on a Saturday, Sunday or legal holiday, the statement shall be filed on the next business day thereafter.
(e) (1) Notwithstanding any provisions of this chapter, in the event of a surplus the campaign treasurer of a candidate committee or of a political committee, other than a political committee formed for ongoing political activities or an exploratory committee, shall distribute or expend such surplus not later than ninety days, or for the purposes of subparagraph (H) of this subdivision, one hundred twenty days after a primary which results in the defeat of the candidate, an election or referendum not held in November or by [January] March thirty-first following an election or referendum held in November, or for the purposes of subparagraph (H) of this subdivision, June thirtieth following an election or referendum held in November, in the following manner:
(A) Such committees may distribute their surplus to a party committee, or a political committee organized for ongoing political activities, return such surplus to all contributors to the committee on a prorated basis of contribution, distribute all or any part of such surplus to the Citizens' Election Fund established in section 9-701 or distribute such surplus to any charitable organization which is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, provided (i) no candidate committee may distribute such surplus to a committee which has been established to finance future political campaigns of the candidate, (ii) a candidate committee which received moneys from the Citizens' Election Fund shall distribute such surplus to such fund, and (iii) a candidate committee for a nonparticipating candidate, as described in subsection (b) of section 9-703, may only distribute any such surplus to the Citizens' Election Fund or to a charitable organization;
(B) Each such political committee established by an organization which received its funds from the organization's treasury shall return its surplus to its sponsoring organization;
(C) (i) Each political committee formed solely to aid or promote the success or defeat of any referendum question, which does not receive contributions from a business entity or an organization, shall distribute its surplus to a party committee, to a political committee organized for ongoing political activities, to a national committee of a political party, to all contributors to the committee on a prorated basis of contribution, to state or municipal governments or agencies or to any organization which is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended. (ii) Each political committee formed solely to aid or promote the success or defeat of any referendum question, which receives contributions from a business entity or an organization, shall distribute its surplus to all contributors to the committee on a prorated basis of contribution, to state or municipal governments or agencies, or to any organization which is tax-exempt under said provisions of the Internal Revenue Code. Notwithstanding the provisions of this subsection, a committee formed for a single referendum shall not be required to expend its surplus not later than ninety days after the referendum and may continue in existence if a substantially similar referendum question on the same issue will be submitted to the electorate within six months after the first referendum. If two or more substantially similar referenda on the same issue are submitted to the electorate, each no more than six months apart, the committee shall expend such surplus within ninety days following the date of the last such referendum;
(D) The campaign treasurer of the candidate committee of a candidate who is elected to office may, upon the authorization of such candidate, expend surplus campaign funds to pay for the cost of clerical, secretarial or other office expenses necessarily incurred by such candidate in preparation for taking office; except such surplus shall not be distributed for the personal benefit of any individual or to any organization; [and]
(E) The campaign treasurer of a candidate committee, or of a political committee, other than a political committee formed for ongoing political activities or an exploratory committee, shall, prior to the dissolution of such committee, either (i) distribute any equipment purchased, including, but not limited to, computer equipment, to any recipient as set forth in subparagraph (A) of this subdivision, or (ii) sell any equipment purchased, including but not limited to computer equipment, to any person for fair market value and then distribute the proceeds of such sale to any recipient as set forth in said subparagraph (A);
(F) The campaign treasurer of a qualified candidate committee may, following an election or unsuccessful primary, provide a post-primary thank you meal or a post-election thank you meal for committee workers, provided such meal (i) occurs not later than fourteen days after the applicable election or primary day, and (ii) the cost for such meal does not exceed thirty dollars per worker;
(G) The campaign treasurer of a qualified candidate committee may, following an election or unsuccessful primary, make payment to a campaign treasurer for services rendered to the candidate committee, provided such payment does not exceed one thousand dollars; and
(H) The campaign treasurer of a candidate committee may, following an election or unsuccessful primary, utilize funds for the purpose of complying with any audit conducted by the State Elections Enforcement Commission pursuant to subdivision (5) of subsection (a) of section 9-7b, as amended by this act.
(2) Notwithstanding any [provisions] provision of this chapter, the campaign treasurer of the candidate committee of a candidate who has withdrawn from a primary or election may, prior to the primary or election, distribute its surplus to any organization which is tax-exempt under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, or return such surplus to all contributors to the committee on a prorated basis of contribution.
(3) Not later than seven days after such distribution or not later than seven days after all funds have been expended in accordance with subparagraph (D) of subdivision (1) of this subsection, the campaign treasurer shall file a supplemental statement, sworn under penalty of false statement, with the proper authority, identifying all further contributions received since the previous statement and explaining how any surplus has been distributed or expended in accordance with this section. No surplus may be distributed or expended until after the election, primary or referendum.
(4) In the event of a deficit, the campaign treasurer shall file a supplemental statement ninety days after an election, primary or referendum not held in November or on the seventh calendar day in February, or the next business day if such day is a Saturday, Sunday or legal holiday, after an election or referendum held in November, with the proper authority and, thereafter, on the seventh day of each month following if on the last day of the previous month there was an increase or decrease in the deficit in excess of five hundred dollars from that reported on the last statement filed. The campaign treasurer shall file such supplemental statements as required until the deficit is eliminated. If any such committee does not have a surplus or a deficit, the statement required to be filed not later than forty-five days following any election or referendum not held in November or on the seventh calendar day in January, or the next business day if such day is a Saturday, Sunday or legal holiday, following an election or referendum held in November, or not later than thirty days following any primary shall be the last required statement.
Sec. 291. Subsection (a) of section 9-703 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on or after said date):
(a) Each candidate for nomination or election to the office of state senator or state representative in 2008, or thereafter, or the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary of the State or State Treasurer in 2010, or thereafter, shall file an affidavit with the State Elections Enforcement Commission. The affidavit shall include a written certification that the candidate either intends to abide by the expenditure limits under the Citizens' Election Program set forth in subsection (c) of section 9-702, or does not intend to abide by said limits. If the candidate intends to abide by said limits, the affidavit shall also include written certifications (1) that the campaign treasurer of the candidate committee for said candidate shall expend any moneys received from the Citizens' Election Fund in accordance with the provisions of subsection (g) of section 9-607 and regulations adopted by the State Elections Enforcement Commission under subsection (e) of section 9-706, (2) that the candidate shall repay to the fund any such moneys that are not expended in accordance with subsection (g) of [said] section 9-607 and said regulations, (3) that the candidate and the campaign treasurer shall comply with the provisions of subdivision (1) of subsection (a) of section 9-711, and (4) stating the candidate's status as a major party, minor party or petitioning party candidate and, in the case of a major party or minor party candidate, the name of such party. The written certification described in subdivision (3) of this subsection shall be made by both the candidate and the campaign treasurer of the candidate committee for said candidate. A candidate for nomination or election to any such office shall file such affidavit not later than four o'clock p.m. on the twenty-fifth day before the day of a primary, if applicable, or on the fortieth day before the day of the election for such office, except that in the case of a special election for the office of state senator or state representative, the candidate shall file such affidavit not later than four o'clock p.m. on the twenty-fifth day before the day of such special election. Notwithstanding the provisions of this subsection, a candidate who is not required to form a candidate committee pursuant to subdivision (3) or (4) of subsection (b) of section 9-604, files a certification with the commission pursuant to subsection (c) of section 9-603 and does not intend to participate in the Citizens' Election Program shall not be required to file such affidavit of intent not to abide by the expenditure limits of said program. Any such candidate shall be referred to as a nonparticipating candidate, in accordance with subsection (b) of this section.
Sec. 292. Subsections (c) to (e), inclusive, of section 9-704 of the general statutes are repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on or after said date):
(c) The following shall not be deemed to be qualifying contributions under subsection (a) of this section and shall be returned by the campaign treasurer of the candidate committee to the contributor or transmitted to the State Elections Enforcement Commission for deposit in the Citizens' Election Fund:
(1) A contribution from a principal of a state contractor or prospective state contractor;
(2) A contribution of less than five dollars, and a contribution of five dollars or more from an individual who does not provide the full name and complete address of the individual; [and]
(3) A contribution under subdivision (1) or (2) of subsection (a) of this section from an individual who does not reside in the state, in excess of the applicable limit on contributions from out-of-state individuals in subsection (a) of this section; and
(4) A contribution made by a youth who is less than twelve years of age.
(d) After a candidate committee receives the applicable aggregate amount of qualifying contributions under subsection (a) of this section, the candidate committee shall transmit any additional contributions that it receives to the State Treasurer for deposit in the Citizens' Election Fund.
(e) As used in this section, "principal of a state contractor or prospective state contractor" has the same meaning as provided in subsection (g) of section 9-612, and "individual" shall include sole proprietorships.
Sec. 293. Subsection (c) of section 9-706 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on or after said date):
(c) The application shall be accompanied by a cumulative itemized accounting of all funds received, expenditures made and expenses incurred but not yet paid by the candidate committee as of three days [before the applicable application deadline contained in subsection (g) of this section] preceding the day the application is filed. Such accounting shall be sworn to under penalty of false statement by the campaign treasurer of the candidate committee. The commission shall prescribe the form of the application and the cumulative itemized accounting. The form for such accounting shall conform to the requirements of section 9-608, as amended by this act. Both the candidate and the campaign treasurer of the candidate committee shall sign the application.
Sec. 294. Subsection (g) of section 9-706 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on or after said date):
(g) (1) Any application submitted pursuant to this section for a primary or general election shall be submitted in accordance with the following schedule: (A) By five o'clock p.m. on the third [Thursday] Wednesday in May of the year that the primary or election will be held at which such participating candidate will seek nomination or election, or (B) by five o'clock p.m. on any subsequent [Thursday] Wednesday of such year, provided no application shall be accepted by the commission after five o'clock p.m. on or after the fourth to last Friday prior to the primary or election at which such participating candidate will seek nomination or election. Not later than [four] five business days following any such [Thursday] Wednesday or Friday, as applicable, for participating candidates seeking nomination or election to the office of state senator or state representative, or ten business days following any such Wednesday or Friday, as applicable, for participating candidates seeking nomination or election to the office of Governor, Lieutenant Governor, Attorney General, State Comptroller, State Treasurer or Secretary of the State or, in the event of a national, regional or local emergency or local natural disaster, as soon thereafter as is practicable, the commission shall review any application received by such [Thursday] Wednesday or Friday, in accordance with the provisions of subsection (d) of this section, and determine whether such application shall be approved or disapproved. Notwithstanding the provisions of this subsection, if an application for a general election grant is received during the period beginning at five o’clock p.m. on the Wednesday of the week preceding the week of the last primary application deadline and ending five o’clock p.m. on the last primary application deadline, as set forth in this subsection, the commission shall review such application in accordance with the provisions of subsection (d) of this section and determine whether it shall be approved or disapproved not later than five business days or ten business days, as applicable, after the first application deadline following the last primary application deadline. For any such application that is approved, any disbursement of funds by the commission shall be made not later than twelve business days prior to any such primary or general election. From the third week of June in even-numbered years until the third week in July, the commission shall meet twice weekly to determine whether or not to approve applications for grants if there are pending grant applications.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, no application for a special election shall be accepted by the commission after five o'clock p.m. on or after ten business days prior to the special election at which such participating candidate will seek election. Not later than three business days following such deadline, or, in the event of a national, regional or local emergency or local natural disaster, as soon thereafter as practicable, the commission shall review any such application received by such deadline, in accordance with the provisions of subsection (d) of this section, and determine whether such application shall be approved or disapproved. For any such application that is approved, any disbursement of funds by the commission shall be made not later than seven business days prior to any such special election.
(3) The commission shall publish such application review schedules and meeting schedules on the commission's web site and with the Secretary of the State.
Sec. 295. Subsection (a) of section 9-712 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on or after said date):
[(a) (1) If a candidate committee in a primary campaign or a general election campaign in which there is at least one participating candidate initially receives contributions, loans or other funds or makes or incurs an obligation to make, an expenditure that, in the aggregate, exceeds ninety per cent of the applicable expenditure limit for the applicable primary or general election period, the campaign treasurer of the candidate committee receiving such contributions, loans or other funds or making or incurring the obligation to make the excess expenditure shall file a supplemental campaign finance statement with the State Elections Enforcement Commission in accordance with the provisions of subdivision (2) of this subsection.
(2) If a candidate committee receives contributions, loans or other funds, or makes or incurs an obligation to make an expenditure that, in the aggregate, exceeds ninety per cent of the applicable expenditure limit for the applicable primary or general election campaign period more than twenty days before the day of such primary or election, the campaign treasurer of said candidate shall file an initial supplemental campaign finance disclosure statement with the commission not later than forty-eight hours after receiving such contributions, loans or other funds, or making or incurring such expenditure. If said candidate committee receives contributions, loans or other funds, or makes or incurs an obligation to make expenditures, that, in the aggregate, exceed ninety per cent of the applicable expenditure limit for the applicable primary or general election campaign period twenty days or less before the day of such primary or election, the campaign treasurer of such candidate shall file such statement with the commission not later than twenty-four hours after receiving such contributions, loans or funds, or making or incurring such expenditure.
(3) After the initial filing of a statement under subdivisions (1) and (2) of this subsection, the campaign treasurer of the candidate filing the statement and the campaign treasurer of all of the opposing candidates shall file periodic supplemental campaign finance statements with the commission on the following schedule: (A) If the date of the applicable primary or general election is more than five weeks after the date the initial supplemental campaign finance disclosure statement is due to be filed in accordance with subdivisions (1) and (2) of this subsection, periodic supplemental campaign finance statements shall be filed bi-weekly on every other Thursday, beginning the second Thursday after the initial statement is filed; and (B) if the date of the applicable primary election or general election is five weeks or less away, periodic supplemental campaign finance statements shall be filed: (i) In the case of a primary campaign, on the first Thursday following the date in July on which candidates are required to file campaign finance statements pursuant to subsection (a) of section 9-608, or the first Thursday following the supplemental campaign finance statement filed under subdivisions (1) and (2) of this subsection, whichever is later, and each Thursday thereafter until the Thursday before the day of the primary, inclusive, and (ii) in the case of a general election campaign, on the first Thursday following the date in October on which candidates are required to file campaign finance statements pursuant to subsection (a) of section 9-608, or the first Thursday following the supplemental campaign finance statement filed under subdivision (1) of this subsection, whichever is later, and each Thursday thereafter until the Thursday after the day of the election, inclusive.
(4) Notwithstanding the provisions of subdivisions (1), (2) and (3) of this subsection, if a candidate committee in a primary campaign or a general election campaign in which there is at least one participating candidate receives contributions, loans or other funds, or makes or incurs an obligation to make expenditures that, in the aggregate, exceed one hundred per cent, one hundred twenty-five per cent, one hundred fifty per cent, or one hundred seventy-five per cent of the applicable expenditure limit for the applicable primary or general election campaign period, the campaign treasurer of the candidate committee receiving the contributions, incurring the loans or raising the funds, or making or incurring the obligation to make the excess expenditure or expenditures shall file a declaration of excess receipts or expenditures statement with the commission, within the deadlines set forth in subdivision (2) of this subsection.]
(a) (1) The campaign treasurer of each candidate committee in a primary campaign or a general election campaign in which there is at least one participating candidate shall file weekly supplemental campaign finance statements with the commission in accordance with the provisions of subdivision (2) of this subsection. Such weekly statements shall be in lieu of the campaign finance statements due pursuant to subparagraphs (B) and (C) of subdivision (1) of subsection (a) of section 9-608, as amended by this act.
(2) Each such campaign treasurer shall file weekly supplemental campaign finance statements with the commission pursuant to the following schedule: (A) In the case of a primary campaign, on the next Thursday following the date in July on which treasurers are required to file campaign finance statements pursuant to subparagraph (A) of subdivision (1) of subsection (a) of section 9-608, as amended by this act, and each Thursday thereafter up to and including the Thursday before the day of the primary, and (B) in the case of a general election campaign, on the next Thursday following the date in October on which candidates are required to file campaign finance statements pursuant to subparagraph (A) of subdivision (1) of subsection (a) of section 9-608, as amended by this act, and each Thursday thereafter up to and including the Thursday before the day of the election. The statement shall be complete as of eleven fifty-nine o'clock p.m. of the second day immediately preceding the required filing day. The statement shall cover the period beginning with the first day not included in the last filed statement.
(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, if a participating candidate committee in a primary campaign or a general election campaign in which there is at least one participating candidate makes expenditures or incurs an obligation to make expenditures that, in the aggregate, exceed one hundred per cent of the applicable expenditure limit for the applicable primary or general election campaign period, the campaign treasurer of any such candidate committee shall file a declaration of excess expenditures statement with the commission, pursuant to the following schedule: (A) If a candidate committee makes expenditures or incurs an obligation to make such expenditures more than twenty days before the day of such primary or election, the campaign treasurer of such candidate shall file such statement with the commission not later than forty-eight hours after making such expenditures or incurring an obligation to make such expenditures, and (B) if a candidate committee makes such expenditures or incurs an obligation to make such expenditures twenty days or less before the day of such primary or election, the campaign treasurer of such candidate shall file such statement with the commission not later than twenty-four hours after making such expenditures or incurring an obligation to make such expenditures. The statement shall be complete as of eleven fifty-nine o'clock p.m. of the first day immediately preceding the required filing day. The statement shall cover a period beginning with the first day not included in the last filed statement.
(4) Notwithstanding the provisions of this subsection, the statements required to be filed pursuant to subdivisions (1) and (2) of this subsection shall not be required to be filed by (A) a candidate committee of a candidate that is exempt from filing campaign finance statements pursuant to subsection (b) of section 9-608, as amended by this act, unless or until such a candidate committee receives or expends an amount in excess of one thousand dollars for purposes of the primary or election for which such committee was formed, or (B) a candidate committee of a participating candidate that is unopposed, except that such candidate committee shall file a supplemental statement on the last Thursday before the applicable primary or general election. Such statement shall be complete as of eleven fifty-nine o'clock p.m. of the second day immediately preceding the required filing day. The statement shall cover a period beginning with the first day not included in the last filed statement.
(5) Each supplemental statement required under subdivision (1), (2) [, (3) or (4)] or (3) of this subsection for a candidate shall disclose [the name of the candidate, the name of the candidate's campaign committee and the total amount of campaign contributions, loans or other funds received, or expenditures made or obligated to be made by such candidate committee during the primary campaign or the general election campaign, whichever is applicable, as of the day before the date on which such statement is required to be filed] the information required under subsection (c) of section 9-608, as amended by this act. The commission shall adopt regulations, in accordance with the provisions of chapter 54, specifying permissible media for the transmission of such statements to the commission, which shall include electronic mail.
Sec. 296. Subsection (b) of section 9-609 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on or after said date):
(b) As used in this subsection, "testimonial affair" means an affair held in honor of an individual who holds, or who is or was a candidate for nomination or election to, an office subject to this chapter. No testimonial affair shall be held without the consent of such person. No testimonial affair shall be held for a candidate, or for an individual who holds any such office during the term of such office, except to raise funds on [his behalf] the candidate's behalf, or on behalf of a party committee, for purposes authorized in this chapter. A testimonial affair which is held by an organization duly organized for charitable purposes shall be exempt from the provisions of this chapter. A testimonial affair which is held for an individual upon his retirement from public office shall also be exempt from the provisions of this chapter unless a deficit exists from any such individual's campaigns for election or nomination to an office subject to this chapter. Any fund-raising affair for any candidate or individual who holds any such office for any purposes other than those authorized in this chapter shall be prohibited. Any person who organizes such a fund-raising affair shall be in violation of this section.
Sec. 297. Subsection (e) of section 9-607 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(e) (1) Any such payment shall be by check drawn by the campaign treasurer, on the designated depository. Any payment in satisfaction of any financial obligation incurred by a committee may also be made by debit card or credit card. In the case of payment made under a contract between a committee and a community antenna television company, as defined in section 16-1, for the purchase of advertisement space, the campaign treasurer of such committee may pay for such services using a bank or cashier's check, as defined in section 42a-3-104, if so required by the contract, provided the campaign treasurer maintains documentation substantiating that the funds used to pay for such advertising space were expended from the committee's funds. (2) The campaign treasurer of each committee may draw a check, not to exceed one hundred dollars, to establish a petty cash fund and may deposit additional funds to maintain it, but the fund shall not exceed one hundred dollars at any time. All expenditures from a petty cash fund shall be reported in the same manner as any other expenditure.
Sec. 298. Subdivision (4) of section 9-601 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2012, and applicable to primaries and elections held on and after said date):
(4) "Candidate committee" means any committee designated by a single candidate, or established with the consent, authorization or cooperation of a candidate, for the purpose of a single primary or election and to aid or promote such candidate's candidacy alone for a particular public office or the position of town committee member, but does not mean a political committee or a party committee. For purposes of this chapter, "candidate committee" includes candidate committees for participating and nonparticipating candidates, unless the context of a provision clearly indicates otherwise.
Sec. 299. Subsection (a) of section 9-7a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) There is established a State Elections Enforcement Commission to consist of five members, not more than two of whom shall be members of the same political party and at least one of whom shall not be affiliated with any political party. Of the members first appointed hereunder, one shall be appointed by the minority leader of the House of Representatives and shall hold office for a term of one year from July 1, 1974; one shall be appointed by the minority leader of the Senate and shall hold office for a term of three years from said July first; one shall be appointed by the speaker of the House of Representatives and shall hold office for a term of one year from said July first; one shall be appointed by the president pro tempore of the Senate and shall hold office for a term of three years from said July first, and one shall be appointed by the Governor, provided that such member shall not be affiliated with any political party, and shall hold office for a term of five years from said July first, [. Thereafter,] except members appointed on or after July 1, 2011. On and after July 1, 2011, members shall be appointed for terms of [five] three years from July first in the year of their appointment and shall be appointed by the person holding the same office as was held by the person making the original appointment, provided any person chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. On and after July 1, 2011, no member may serve consecutive terms, except that any member serving on said date, may serve until a successor is appointed and has qualified. All appointments shall be made with the consent of the state Senate and House of Representatives. [, provided the initial appointees may serve without confirmation from July 1, 1974, subject to approval at the next regular session of the General Assembly.] No person who has served within the previous three years as a public official [, other than a member of the State Elections Enforcement Commission,] or who has served within the previous three years as a political party officer, shall be appointed to membership on the commission. For purposes of this subsection the term "public official" means an individual who holds or has held a state, district or municipal office as defined in section 9-372 but shall not include a justice of the peace or a notary public and the term "political party officer" means an officer or member of a national committee of a political party, state central or town committee, or any person employed by any such committee for compensation. The commission shall elect one of its members to serve as chairperson and another member to serve as vice-chairperson. Each member of the commission shall be compensated at the rate of two hundred dollars per day for any day on which he participates in a regular commission meeting or hearing, and shall be paid by the state for his reasonable expenses, including necessary stenographic and clerical help.
Sec. 300. Subdivision (1) of subsection (a) of section 9-7b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(1) To make investigations on its own initiative or with respect to statements filed with the commission by the Secretary of the State or any town clerk, or upon written complaint under oath by any individual, with respect to alleged violations of any provision of the general statutes relating to any election or referendum, any primary held pursuant to section 9-423, 9-425 or 9-464 or any primary held pursuant to a special act, and to hold hearings when the commission deems necessary to investigate violations of any provisions of the general statutes relating to any such election, primary or referendum, and for the purpose of such hearings the commission may administer oaths, examine witnesses and receive oral and documentary evidence, and shall have the power to subpoena witnesses under procedural rules the commission shall adopt, to compel their attendance and to require the production for examination of any books and papers which the commission deems relevant to any matter under investigation or in question. Until the commission determines that it is necessary to investigate a violation, commission members and staff shall keep confidential any information concerning a complaint or preliminary investigation, except upon request of the treasurer, deputy treasurer, chairperson or candidate affiliated with a committee that is the subject of the complaint or preliminary investigation. In connection with its investigation of any alleged violation of any provision of chapter 145, or of any provision of section 9-359 or section 9-359a, the commission shall also have the power to subpoena any municipal clerk and to require the production for examination of any absentee ballot, inner and outer envelope from which any such ballot has been removed, depository envelope containing any such ballot or inner or outer envelope as provided in sections 9-150a and 9-150b and any other record, form or document as provided in section 9-150b, in connection with the election, primary or referendum to which the investigation relates. In case of a refusal to comply with any subpoena issued pursuant to this subsection or to testify with respect to any matter upon which that person may be lawfully interrogated, the superior court for the judicial district of Hartford, on application of the commission, may issue an order requiring such person to comply with such subpoena and to testify; failure to obey any such order of the court may be punished by the court as a contempt thereof. In any matter under investigation which concerns the operation or inspection of or outcome recorded on any voting machine, the commission may issue an order to the municipal clerk to impound such machine until the investigation is completed;
Sec. 301. Subdivision (5) of subsection (a) of section 9-7b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(5) (A) To inspect or audit at any reasonable time and upon reasonable notice the accounts or records of any campaign treasurer or principal campaign treasurer, except as provided for in subparagraph (B) of this subdivision, as required by chapter 155 or 157 and to audit any such election, primary or referendum held within the state; provided, [(A)] (i) (I) not later than two months preceding the day of an election at which a candidate is seeking election, the commission shall complete any audit it has initiated in the absence of a complaint that involves a committee of the same candidate from a previous election, and [(ii)] (II) during the two-month period preceding the day of an election at which a candidate is seeking election, the commission shall not initiate an audit in the absence of a complaint that involves a committee of the same candidate from a previous election, and [(B)] (ii) the commission shall not audit any caucus, as defined in subdivision (1) of section 9-372. (B) When conducting an audit after an election or primary, the commission shall randomly audit not more than fifty per cent of candidate committees, which shall be selected through the process of a lottery conducted by the commission, except that the commissioner shall audit all candidate committees for candidates for a state-wide office. (C) The commission shall notify, in writing, any committee of a candidate for an office in the general election, or of any candidate who had a primary for nomination to any such office not later than May thirty-first of the year immediately following such election. In no case shall the commission audit any such candidate committee that the commission fails to provide notice to in accordance with this subparagraph;
Sec. 302. Sections 46a-13f and 46a-13q of the general statutes are repealed. (Effective July 1, 2011)
Sec. 303. Sections 4-124x, 4-124y, 4-124aa, 4-124cc, 4-124ee, 10-19c, 10-21f, 10-398, 31-11aa, 32-717, 32-718 and 32-730 of the general statutes are repealed. (Effective July 1, 2011)
Sec. 304. Sections 10a-2, 10a-4 to 10a-4b, inclusive, 10a-5, 10a-8a, 10a-9, 10a-9a, 10a-12a, 10a-15, 10a-17b, 10a-17c and 10a-19 to 10a-19b, inclusive, of the general statutes are repealed. (Effective July 1, 2011)
Sec. 305. Section 164 of senate bill 1240 of the current session is repealed. (Effective July 1, 2011)
Sec. 306. Section 16-256b of the general statutes is repealed. (Effective July 1, 2011)
Sec. 307. Section 14-227f of the general statutes is repealed. (Effective January 1, 2012)
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2011 |
17b-278g(a) |
Sec. 2 |
from passage |
SB 1240 (current session), Sec. 69 |
Sec. 3 |
July 1, 2011 |
PA 11-6, Sec. 11 |
Sec. 4 |
July 1, 2011 |
PA 11-6, Sec. 12(a) |
Sec. 5 |
July 1, 2011 |
PA 11-6, Sec. 48(b) |
Sec. 6 |
July 1, 2011 |
New section |
Sec. 7 |
July 1, 2011 |
New section |
Sec. 8 |
July 1, 2011 |
New section |
Sec. 9 |
July 1, 2011 |
New section |
Sec. 10 |
July 1, 2011 |
36a-65(b) |
Sec. 11 |
July 1, 2011 |
PA 11-6, Sec. 134 |
Sec. 12 |
July 1, 2011 |
32-601(c) |
Sec. 13 |
July 1, 2011 |
32-602(e) |
Sec. 14 |
July 1, 2011 |
New section |
Sec. 15 |
July 1, 2011 |
27-138 |
Sec. 16 |
July 1, 2011 |
27-39(c) |
Sec. 17 |
October 1, 2011 |
4-61dd |
Sec. 18 |
from passage |
New section |
Sec. 19 |
July 1, 2011 |
New section |
Sec. 20 |
from passage |
New section |
Sec. 21 |
July 1, 2011 |
29-4 |
Sec. 22 |
July 1, 2011 |
New section |
Sec. 23 |
July 1, 2011 |
New section |
Sec. 24 |
July 1, 2011 |
New section |
Sec. 25 |
July 1, 2011 |
14-12(i) |
Sec. 26 |
July 1, 2011 |
14-33 |
Sec. 27 |
July 1, 2011 |
14-41(a) |
Sec. 28 |
July 1, 2011 |
14-10(a) |
Sec. 29 |
January 1, 2012 |
New section |
Sec. 30 |
from passage |
New section |
Sec. 31 |
July 1, 2011 |
4-73 |
Sec. 32 |
July 1, 2011 |
4-74 |
Sec. 33 |
July 1, 2011 |
4-74a |
Sec. 34 |
July 1, 2011 |
31-71b(a) |
Sec. 35 |
July 1, 2011 |
New section |
Sec. 36 |
July 1, 2011 |
New section |
Sec. 37 |
July 1, 2011 |
20-280(e) |
Sec. 38 |
October 1, 2011 |
19a-55 |
Sec. 39 |
July 1, 2011 |
PA 11-6, Sec. 23 |
Sec. 40 |
from passage |
10-183l |
Sec. 41 |
July 1, 2011 |
New section |
Sec. 42 |
from passage |
PA 11-6, Sec. 50 |
Sec. 43 |
July 1, 2011 |
2-35(b) |
Sec. 44 |
July 1, 2013 |
3-115 |
Sec. 45 |
July 1, 2011 |
3-115b |
Sec. 46 |
from passage |
New section |
Sec. 47 |
July 1, 2011 |
4-69 |
Sec. 48 |
July 1, 2011 |
4-72 |
Sec. 49 |
July 1, 2011 |
4-89(a) |
Sec. 50 |
July 1, 2011 |
4-124q |
Sec. 51 |
January 1, 2012 |
14-227a(g) |
Sec. 52 |
January 1, 2012 |
14-227a(i) |
Sec. 53 |
January 1, 2012 |
14-36(g) |
Sec. 54 |
January 1, 2012 |
14-111(k) |
Sec. 55 |
January 1, 2012 |
14-227k |
Sec. 56 |
January 1, 2012 |
14-215(c) |
Sec. 57 |
from passage |
New section |
Sec. 58 |
July 1, 2011 |
New section |
Sec. 59 |
July 1, 2011 |
New section |
Sec. 60 |
July 1, 2011 |
New section |
Sec. 61 |
July 1, 2011 |
1-80(a) |
Sec. 62 |
July 1, 2011 |
1-205(a) |
Sec. 63 |
July 1, 2011 |
9-7a(a) |
Sec. 64 |
July 1, 2011 |
51-44a(a) |
Sec. 65 |
July 1, 2011 |
51-51k(a) |
Sec. 66 |
July 1, 2011 |
29-32b(a) |
Sec. 67 |
July 1, 2011 |
4e-2(d) |
Sec. 68 |
July 1, 2011 |
New section |
Sec. 69 |
July 1, 2011 |
46a-13b |
Sec. 70 |
July 1, 2011 |
New section |
Sec. 71 |
July 1, 2011 |
46a-13k |
Sec. 72 |
July 1, 2011 |
46a-13l(2) |
Sec. 73 |
July 1, 2011 |
46a-13o(a) |
Sec. 74 |
July 1, 2011 |
1-81a |
Sec. 75 |
July 1, 2011 |
1-205a |
Sec. 76 |
July 1, 2011 |
9-7c |
Sec. 77 |
July 1, 2011 |
New section |
Sec. 78 |
July 1, 2011 |
New section |
Sec. 79 |
July 1, 2011 |
New section |
Sec. 80 |
July 1, 2011 |
New section |
Sec. 81 |
July 1, 2011 |
4-124w |
Sec. 82 |
July 1, 2011 |
4-124z |
Sec. 83 |
July 1, 2011 |
4-124bb |
Sec. 84 |
July 1, 2011 |
4-124ff |
Sec. 85 |
July 1, 2011 |
4-124gg |
Sec. 86 |
July 1, 2011 |
4-124hh |
Sec. 87 |
July 1, 2011 |
4-124tt |
Sec. 88 |
July 1, 2011 |
4-124vv |
Sec. 89 |
July 1, 2011 |
10-95h |
Sec. 90 |
July 1, 2011 |
10a-11b(a)(2) |
Sec. 91 |
July 1, 2011 |
10a-19d(b) |
Sec. 92 |
July 1, 2011 |
31-3h |
Sec. 93 |
July 1, 2011 |
31-3k(d) |
Sec. 94 |
July 1, 2011 |
31-11cc |
Sec. 95 |
July 1, 2011 |
31-11dd |
Sec. 96 |
July 1, 2011 |
32-1o(a) |
Sec. 97 |
July 1, 2011 |
4-124uu |
Sec. 98 |
July 1, 2011 |
10-392 |
Sec. 99 |
July 1, 2011 |
10-393 |
Sec. 100 |
July 1, 2011 |
10-394 |
Sec. 101 |
July 1, 2011 |
10-396 |
Sec. 102 |
July 1, 2011 |
10-397 |
Sec. 103 |
July 1, 2011 |
10-397a |
Sec. 104 |
July 1, 2011 |
10-399 |
Sec. 105 |
July 1, 2011 |
10-400 |
Sec. 106 |
July 1, 2011 |
10-401 |
Sec. 107 |
July 1, 2011 |
10-402 |
Sec. 108 |
July 1, 2011 |
10-403 |
Sec. 109 |
July 1, 2011 |
10-404 |
Sec. 110 |
July 1, 2011 |
10-405 |
Sec. 111 |
July 1, 2011 |
10-406 |
Sec. 112 |
July 1, 2011 |
10-408 |
Sec. 113 |
July 1, 2011 |
10-409 |
Sec. 114 |
July 1, 2011 |
10-410 |
Sec. 115 |
July 1, 2011 |
10-411 |
Sec. 116 |
July 1, 2011 |
10-412 |
Sec. 117 |
July 1, 2011 |
10-413 |
Sec. 118 |
July 1, 2011 |
10-414 |
Sec. 119 |
July 1, 2011 |
10-415 |
Sec. 120 |
July 1, 2011 |
10-416 |
Sec. 121 |
July 1, 2011, and applicable to income years commencing on or after January 1, 2011 |
10-416a |
Sec. 122 |
July 1, 2011, and applicable to income years commencing on or after January 1, 2011 |
10-416b |
Sec. 123 |
July 1, 2011 |
32-11a(c) |
Sec. 124 |
July 1, 2011 |
32-35(c) |
Sec. 125 |
July 1, 2011 |
7-147b(c) |
Sec. 126 |
July 1, 2011 |
7-147b(h) |
Sec. 127 |
July 1, 2011 |
8-37lll(b) |
Sec. 128 |
July 1, 2011 |
3-110f |
Sec. 129 |
July 1, 2011 |
3-110h |
Sec. 130 |
July 1, 2011 |
3-110i |
Sec. 131 |
July 1, 2011 |
4-5 |
Sec. 132 |
July 1, 2011 |
4-9a |
Sec. 133 |
July 1, 2011 |
4-66aa(a) |
Sec. 134 |
July 1, 2011 |
7-34a(e) and (f) |
Sec. 135 |
July 1, 2011 |
PA 09-229, Sec. 30 |
Sec. 136 |
July 1, 2011 |
4-89(e) |
Sec. 137 |
July 1, 2011 |
4b-53 |
Sec. 138 |
July 1, 2011 |
4b-60(a) |
Sec. 139 |
July 1, 2011 |
4b-64 |
Sec. 140 |
July 1, 2011 |
4b-66a(a) |
Sec. 141 |
July 1, 2011 |
5-198(cc) |
Sec. 142 |
July 1, 2011 |
7-147a(b) |
Sec. 143 |
July 1, 2011 |
7-147c(g) |
Sec. 144 |
July 1, 2011 |
7-147j(b) |
Sec. 145 |
July 1, 2011 |
7-147p(b) |
Sec. 146 |
July 1, 2011 |
7-147q(c) |
Sec. 147 |
July 1, 2011 |
7-147y(b) |
Sec. 148 |
July 1, 2011 |
10-382 |
Sec. 149 |
July 1, 2011 |
10-384 |
Sec. 150 |
July 1, 2011 |
10-385(a) |
Sec. 151 |
July 1, 2011 |
10-386 |
Sec. 152 |
July 1, 2011 |
10-387 |
Sec. 153 |
July 1, 2011 |
10-388 |
Sec. 154 |
July 1, 2011 |
10-389(a) |
Sec. 155 |
July 1, 2011 |
10-391 |
Sec. 156 |
July 1, 2011 |
10-395 |
Sec. 157 |
July 1, 2011 |
10-425 |
Sec. 158 |
July 1, 2011 |
10a-111a(b) |
Sec. 159 |
July 1, 2011 |
10a-112(b) |
Sec. 160 |
July 1, 2011 |
10a-112b(a) |
Sec. 161 |
July 1, 2011 |
10a-112g(b) |
Sec. 162 |
July 1, 2011 |
11-6a(b) |
Sec. 163 |
July 1, 2011 |
12-376d |
Sec. 164 |
July 1, 2011 |
13a-252(b) |
Sec. 165 |
July 1, 2011 |
19a-315b |
Sec. 166 |
July 1, 2011 |
19a-315c |
Sec. 167 |
July 1, 2011 |
22a-1d(a) |
Sec. 168 |
July 1, 2011 |
22a-19b |
Sec. 169 |
July 1, 2011 |
22a-27s |
Sec. 170 |
July 1, 2011 |
25-102qq(c) |
Sec. 171 |
July 1, 2011 |
25-109q(b) |
Sec. 172 |
July 1, 2011 |
29-259(b) |
Sec. 173 |
July 1, 2011 |
32-6a(a) |
Sec. 174 |
July 1, 2011 |
10-217a(i) |
Sec. 175 |
July 1, 2011 |
10-281(b) |
Sec. 176 |
July 1, 2011 |
10-71(d) |
Sec. 177 |
July 1, 2011 |
10-17g |
Sec. 178 |
July 1, 2011 |
10-66j(f) |
Sec. 179 |
July 1, 2011 |
10-76d(e)(2) and (3) |
Sec. 180 |
July 1, 2011 |
10-76g(d) |
Sec. 181 |
July 1, 2011 |
10-253(b) |
Sec. 182 |
July 1, 2011 |
10-266m(a)(4) |
Sec. 183 |
July 1, 2011 |
10-264l(c) |
Sec. 184 |
July 1, 2011 |
10-264l(o) |
Sec. 185 |
July 1, 2011 |
New section |
Sec. 186 |
July 1, 2011 |
New section |
Sec. 187 |
July 1, 2011 |
New section |
Sec. 188 |
July 1, 2011 |
10-266aa |
Sec. 189 |
from passage |
New section |
Sec. 190 |
July 1, 2011 |
10-262i |
Sec. 191 |
from passage |
New section |
Sec. 192 |
from passage |
10-261a(a) |
Sec. 193 |
from passage |
10-261b(b) |
Sec. 194 |
from passage |
10-16p(e)(3) |
Sec. 195 |
from passage |
New section |
Sec. 196 |
from passage |
10-264i(a)(4) |
Sec. 197 |
from passage |
New section |
Sec. 198 |
July 1, 2011 |
10-266w(a) |
Sec. 199 |
July 1, 2011 |
New section |
Sec. 200 |
July 1, 2011 |
10-66ee(c)(1) |
Sec. 201 |
July 1, 2011 |
10-266p(f) |
Sec. 202 |
July 1, 2011 |
10-262f(9) |
Sec. 203 |
July 1, 2011 |
10-65 |
Sec. 204 |
July 1, 2011 |
New section |
Sec. 205 |
July 1, 2011 |
New section |
Sec. 206 |
July 1, 2011 |
7-127d(a) |
Sec. 207 |
July 1, 2011 |
7-127e |
Sec. 208 |
July 1, 2011 |
10a-169 |
Sec. 209 |
July 1, 2011 |
11-24b(a) |
Sec. 210 |
July 1, 2011 |
10-264i(a)(3) |
Sec. 211 |
July 1, 2011 |
New section |
Sec. 212 |
July 1, 2011 |
New section |
Sec. 213 |
July 1, 2011 |
10a-3 |
Sec. 214 |
July 1, 2011 |
New section |
Sec. 215 |
July 1, 2011 |
10a-8 |
Sec. 216 |
July 1, 2011 |
10a-71 |
Sec. 217 |
July 1, 2011 |
10a-72 |
Sec. 218 |
July 1, 2011 |
10a-77(c) |
Sec. 219 |
July 1, 2011 |
10a-77(f) |
Sec. 220 |
July 1, 2011 |
10a-88 |
Sec. 221 |
July 1, 2011 |
10a-89(a) |
Sec. 222 |
July 1, 2011 |
10a-99(c) |
Sec. 223 |
July 1, 2011 |
10a-102 |
Sec. 224 |
July 1, 2011 |
10a-104 |
Sec. 225 |
July 1, 2011 |
10a-105(d) |
Sec. 226 |
July 1, 2011 |
10a-109c(7) |
Sec. 227 |
July 1, 2011 |
10a-143 |
Sec. 228 |
July 1, 2011 |
10a-6a(a) |
Sec. 229 |
July 1, 2011 |
10a-6b |
Sec. 230 |
July 1, 2011 |
New section |
Sec. 231 |
July 1, 2011 |
New section |
Sec. 232 |
July 1, 2011 |
10a-22a |
Sec. 233 |
July 1, 2011 |
10a-22b(f) |
Sec. 234 |
July 1, 2011 |
10a-22b(h) |
Sec. 235 |
July 1, 2011 |
10a-22d(c) and (d) |
Sec. 236 |
July 1, 2011 |
10a-22h(b) |
Sec. 237 |
July 1, 2011 |
10a-22k |
Sec. 238 |
July 1, 2011 |
10a-22n(a) |
Sec. 239 |
July 1, 2011 |
10a-22r |
Sec. 240 |
July 1, 2011 |
10a-22s |
Sec. 241 |
July 1, 2011 |
10a-22u |
Sec. 242 |
July 1, 2011 |
10a-22v |
Sec. 243 |
July 1, 2011 |
10a-22x |
Sec. 244 |
July 1, 2011 |
New section |
Sec. 245 |
July 1, 2011 |
10a-34 |
Sec. 246 |
July 1, 2011 |
10a-34a |
Sec. 247 |
July 1, 2011 |
10a-34b |
Sec. 248 |
July 1, 2011 |
10a-34c |
Sec. 249 |
July 1, 2011 |
10a-34d |
Sec. 250 |
July 1, 2011 |
10a-34e |
Sec. 251 |
July 1, 2011 |
10a-34f |
Sec. 252 |
July 1, 2011 |
10a-35 |
Sec. 253 |
July 1, 2011 |
New section |
Sec. 254 |
July 1, 2011 |
10a-48a(a) |
Sec. 255 |
July 1, 2011 |
10-155d |
Sec. 256 |
July 1, 2011 |
10a-10a |
Sec. 257 |
July 1, 2011 |
10a-11 |
Sec. 258 |
July 1, 2011 |
10a-11a |
Sec. 259 |
July 1, 2011 |
10a-17d |
Sec. 260 |
July 1, 2011 |
10a-37(e) |
Sec. 261 |
July 1, 2011 |
10a-38 |
Sec. 262 |
July 1, 2011 |
10a-39 |
Sec. 263 |
July 1, 2011 |
10a-40 |
Sec. 264 |
July 1, 2011 |
10a-42 |
Sec. 265 |
July 1, 2011 |
10a-42g |
Sec. 266 |
July 1, 2011 |
10a-163a |
Sec. 267 |
July 1, 2011 |
10a-164a |
Sec. 268 |
July 1, 2011 |
10a-168a |
Sec. 269 |
July 1, 2011 |
10a-170 |
Sec. 270 |
July 1, 2011 |
4-9c |
Sec. 271 |
July 1, 2011 |
4d-90(a) |
Sec. 272 |
July 1, 2011 |
5-160(g) |
Sec. 273 |
July 1, 2011 |
5-199d |
Sec. 274 |
July 1, 2011 |
7-323k(a) |
Sec. 275 |
July 1, 2011 |
7-608(a) |
Sec. 276 |
July 1, 2011 |
10-9(a) |
Sec. 277 |
July 1, 2011 |
10-183b(14) |
Sec. 278 |
July 1, 2011 |
10-183b(26) |
Sec. 279 |
July 1, 2011 |
10-236a(a) |
Sec. 280 |
July 1, 2011 |
10a-20 |
Sec. 281 |
July 1, 2011 |
10a-91d(d) and (e) |
Sec. 282 |
July 1, 2011 |
14-19a(b) |
Sec. 283 |
July 1, 2011 |
31-3c |
Sec. 284 |
July 1, 2011 |
32-6j |
Sec. 285 |
July 1, 2011 |
New section |
Sec. 286 |
January 1, 2012, and applicable to primaries and elections held on and after said date |
9-601a(b) |
Sec. 287 |
from passage |
9-603(a) |
Sec. 288 |
January 1, 2012, and applicable to primaries and elections held on and after said date |
9-606(b) |
Sec. 289 |
January 1, 2012, and applicable to primaries and elections held on or after said date |
9-608(a) |
Sec. 290 |
January 1, 2012, and applicable to primaries and elections held on and after said date |
9-608(c) to (e) |
Sec. 291 |
January 1, 2012, and applicable to primaries and elections held on or after said date |
9-703(a) |
Sec. 292 |
January 1, 2012, and applicable to primaries and elections held on or after said date |
9-704(c) to (e) |
Sec. 293 |
January 1, 2012, and applicable to primaries and elections held on or after said date |
9-706(c) |
Sec. 294 |
January 1, 2012, and applicable to primaries and elections held on or after said date |
9-706(g) |
Sec. 295 |
January 1, 2012, and applicable to primaries and elections held on or after said date |
9-712(a) |
Sec. 296 |
January 1, 2012, and applicable to primaries and elections held on or after said date |
9-609(b) |
Sec. 297 |
July 1, 2011 |
9-607(e) |
Sec. 298 |
January 1, 2012, and applicable to primaries and elections held on and after said date |
9-601(4) |
Sec. 299 |
from passage |
9-7a(a) |
Sec. 300 |
from passage |
9-7b(a)(1) |
Sec. 301 |
from passage |
9-7b(a)(5) |
Sec. 302 |
July 1, 2011 |
Repealer section |
Sec. 303 |
July 1, 2011 |
Repealer section |
Sec. 304 |
July 1, 2011 |
Repealer section |
Sec. 305 |
July 1, 2011 |
Repealer section |
Sec. 306 |
July 1, 2011 |
Repealer section |
Sec. 307 |
January 1, 2012 |
Repealer section |