Sec. 4-38. Transferred to Sec. 4-38d.
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Secs. 4-38a and 4-38b. Reorganization of executive branch, legislative finding,
transfer of powers and duties among agencies, liberal construction of statutes,
cooperation with Secretary of the Office of Policy and Management; repealed sections; effective dates of public acts 77-614 and 78-303. Governor's responsibilities
in implementing reorganization. Sections 4-38a and 4-38b are repealed.
(P.A. 77-614, S. 2, 587, 588, 609, 610; P.A. 78-303, S. 85, 86, 119, 120, 136; 78-347, S. 2; P.A. 79-631, S. 46, 111;
P.A. 88-116, S. 11.)
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Sec. 4-38c. Departments within the executive branch. There shall be within the
executive branch of state government the following departments: Office of Policy and
Management, Department of Administrative Services, Department of Revenue Services, Department of Banking, Department of Agriculture, Department of Children and
Families, Department of Consumer Protection, Department of Correction, Department
of Economic and Community Development, State Board of Education, Department of
Emergency Management and Homeland Security, Department of Environmental Protection, Department of Public Health, Board of Governors of Higher Education, Insurance Department, Labor Department, Department of Mental Health and Addiction Services, Department of Mental Retardation, Department of Public Safety, Department of
Social Services, Department of Transportation, Department of Motor Vehicles, Department of Veterans' Affairs, Department of Public Works and Department of Public Utility
Control.
(P.A. 77-614, S. 3, 610; P.A. 79-598, S. 1, 27; P.A. 80-482, S. 4, 345, 348; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2,
5; P.A. 86-175, S. 3, 4; P.A. 87-9, S. 2, 3; 87-496, S. 3, 110; P.A. 93-91, S. 1, 2; 93-262, S. 28, 87; 93-381, S. 9, 39; P.A.
95-195, S. 7, 83; 95-250, S. 14, 42; 95-257, S. 11, 12, 21, 58; 95-309, S. 11, 12; P.A. 96-211, S. 1, 5, 6; June 30 Sp. Sess.
P.A. 03-6, S. 146(d), (f), 148; P.A. 04-169, S. 17; 04-189, S. 1; 04-219, S. 2.)
History: P.A. 79-598 included department of housing; P.A. 80-482 deleted reference to department of business regulation and added departments of banking, insurance, liquor control, and public utility control; P.A. 82-218 replaced board
of higher education with board of governors pursuant to reorganization of higher education system, effective March 1,
1983; P.A. 84-241 added "of higher education" to board of governors for clarity; P.A. 86-175 added department of veterans'
affairs; P.A. 87-9 amended the section by replacing "banking department" with "department of banking"; P.A. 87-496
added department of public works; P.A. 93-91 substituted commissioner and department of children and families for
commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-262 removed references to
department on aging, department of income maintenance and department of human resources and added reference to
department of social services, effective July 1, 1993; P.A. 93-381 replaced department of health services with department
of public health and addiction services, effective July 1, 1993; P.A. 95-195 deleted reference to Department of Liquor
Control, effective July 1, 1995; P.A. 95-250 and P.A. 96-211 replaced Departments of Economic Development and Housing
with the Department of Economic and Community Development; P.A. 95-257 replaced Department of Public Health and
Addiction Services with Department of Public Health and replaced Department of Mental Health with Department of
Mental Health and Addiction Services, effective July 1, 1995; P.A. 95-309 changed effective date of P.A. 95-250 but did
not affect this section; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 removed reference to Department of Agriculture and
changed "Department of Consumer Protection" to "Department of Agriculture and Consumer Protection", effective July
1, 2004; P.A. 04-189 repealed Secs. 146 and 148 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the
Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 04-219 added Department of Emergency
Management and Homeland Security, effective January 1, 2005.
Cited. 175 C. 586. Cited. 182 C. 253.
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Sec. 4-38d. (Formerly Sec. 4-38). Transfer or assignment of functions, powers,
duties of department, institution, or agency to successor department, institution,
agency or authority. (a) Continuity of authority. A department, institution, agency
or authority to which functions, powers or duties are assigned or transferred under the
provisions of any act of the General Assembly shall constitute a successor as to such
matters and not a grant of new authority.
(b) Continuance of orders and regulations. Any order or regulation of a department, institution or agency, or of a division thereof, the functions, powers or duties of
which are so assigned or transferred, which is in force at the time of such assignment
or transfer, shall continue in force and effect as an order or regulation of the department,
institution, agency or authority to which such assignment or transfer is made until
amended, repealed or superseded pursuant to law.
(c) Pending actions and proceedings. The assignment or transfer of any of the
functions, powers or duties of a department, institution or agency, or any division thereof,
under the provisions of any act of the General Assembly shall not affect any action or
proceeding, civil or criminal, pending at the time of such assignment or transfer, and
the proper party shall be deemed substituted in such action by operation of this section
without motion or order.
(d) Completion of unfinished business. Any contract, right of action or matter
undertaken or commenced by any department, institution or agency, or any division
thereof, the functions, powers or duties of which are so assigned or transferred, may be
conducted and completed by its successor in the same manner and under the same terms
and conditions and with the same effect as if undertaken or commenced and conducted
and completed by the department, institution or agency, the functions, powers and duties
of which are so assigned or transferred.
(e) Officers and employees; general transfer. Officers and employees of any department, institution or agency, or any division thereof, the functions, powers or duties
of which are so assigned or transferred, shall be assigned or transferred to the department
or authority to which such assignment or transfer is made, subject to any statutes or
regulations governing the employment of state employees. If the duties of any such
officer or employee pertain to functions which are divided and assigned to two or more
departments, institutions, agencies or authorities, the heads thereof shall determine the
department, institution, agency or authority to which such officer or employee shall be
transferred and, if they are unable to agree, such determination shall be made by the
Governor.
(f) Records and property; general transfer. Unless otherwise expressly provided
by law, the head of a department, institution or agency, the functions, powers or duties
of which are so assigned or transferred, shall deliver to the department, institution,
agency or authority to which such assignment or transfer is made all contracts, books,
maps, plans, papers, records and property pertaining to or used in connection with the
functions, powers or duties so assigned or transferred.
(1949 Rev., S. 278; P.A. 77-614, S. 9, 610; P.A. 86-281, S. 10.)
History: P.A. 77-614 added word "contract" in Subsec. (d); section transferred from Sec. 4-38 to Sec. 4-38d in 1979;
P.A. 86-281 added references to "authority" throughout section.
Cited. 148 C. 591. Cited. 222 C. 414.
Subsec. (a):
Supervision of trusts and appointment of trustees is judicial function and not a legislative power. Transfer under this
section of duties of commission on fine arts to the public works commissioner carried with it only the power to act as
trustee. 140 C. 124.
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Sec. 4-38e. Receipt of federal aid by successor agency or authority. Wherever
any agency or function of any agency is transferred, the agency or authority performing
the transferred function shall be construed as a continuation of the original agency for
the purpose of federal aid, and may continue to receive any such funds to carry out or
perform such functions.
(P.A. 77-614, S. 14, 610; P.A. 86-281, S. 11.)
History: P.A. 86-281 added reference to "authority".
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Sec. 4-38f. "Administrative purposes only", defined. Agencies assigned to departments for administrative purposes only; agencies' powers; departments' duties. (a) An agency assigned to a department for administrative purposes only shall: (1)
Exercise any quasi-judicial, rule-making or regulatory authority, licensing and policy-making functions which it may have independent of such department and without approval or control of the department; (2) prepare its budget, if any, and submit its budgetary requests through the department; and (3) hire its own personnel or enter into contracts, if authorized by law, or if the general assembly provides or authorizes the
expenditure of funds therefor.
(b) The department to which an agency is assigned for administrative purposes
only shall: (1) Provide record keeping, reporting, and related administrative and clerical
functions for the agency to the extent deemed necessary by the department head; (2)
disseminate for the agency any required notices, rules or orders adopted, amended or
repealed by the agency; (3) provide staff for the agency subject to the provisions of
subdivision (3) of subsection (a) of this section; and (4) include in the departmental
budget the agency's budgetary request, if any, as a separate part of said budget and
exactly as prepared and submitted to the department by the agency.
(P.A. 77-614, S. 8, 610.)
Cited. 193 C. 379.
Cited. 3 CA 464.
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Sec. 4-38g. Departments, agencies and their personnel to cooperate in the implementation of public act 77-614. Section 4-38g is repealed.
(P.A. 77-614, S. 16, 610; P.A. 88-116, S. 11.)
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Sec. 4-38h. Rights of state employees unaffected by public act 77-614*. Each
state employee affected by the reorganization of the executive branch of state government under public act 77-614 shall be entitled to all rights which he possessed as a state
employee before the effective date of the applicable provision of public act 77-614,
including all rights to a position in the classified service, all rights of rank or grade,
rights to vacation, sick pay and leave, rights under any retirement or personnel plan
and any other rights under any law or administrative policy. This section shall not be
construed to create any new rights for any state employee, but to continue only those
rights in effect before the effective date of public act 77-614.
(P.A. 77-614, S. 11, 610.)
*Note: Public act 77-614 is entitled "An Act Concerning the Reorganization of the Executive Branch of State Government". (See Reference Table captioned "Public Acts of 1977" in Volume 16 which lists the sections amended, created or
repealed by the act.)
See chapter 67.
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Sec. 4-38i. Collective bargaining rights of state employees unaffected by public act 77-614. Section 4-38i is repealed, effective October 1, 2002.
(P.A. 77-614, S. 12, 610; S.A. 02-12, S. 1.)
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Sec. 4-38j. Reports to General Assembly on program and implementation of
reorganization. The Secretary of the Office of Policy and Management and each department head, as defined by section 4-5, shall submit to the joint standing committee of the
General Assembly having cognizance of matters relating to government administration,
organization and reorganization a report upon request, on the progress and implementation of reorganization and upon request shall also furnish to the committee any information concerning reorganization or appear before the committee to provide such information as may be determined by the chairpersons of said committee.
(P.A. 77-614, S. 17, 586, 610; P.A. 78-303, S. 130, 136; P.A. 79-31, S. 14, 17; P.A. 81-258; P.A. 82-314, S. 14, 63.)
History: P.A. 78-303 repealed provisions introduced by Sec. 586 of P.A. 77-614; P.A. 79-31 changed committee on
government administration and policy to committee on government administration and elections; P.A. 81-258 eliminated
requirement of annual reports and required that reports be made upon request; P.A. 82-314 changed name of government
administration and elections committee and deleted requirement for "annual" reports upon request.
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Sec. 4-39. Transfer of appropriations upon transfer of functions or deinstitutionalization of clients. (a) The Governor shall determine the amount of any appropriation
or appropriations granted by the General Assembly to any department, institution or
agency for the financing of functions, powers or duties which are transferred or assigned
under the provisions of any act of the General Assembly and shall have full authority,
with the approval of the Finance Advisory Committee, to transfer any such amount to
the department, institution, agency or authority to which any such function, power or
duty is transferred or assigned.
(b) Where a state agency plans to move or moves clients from a state-operated or
contracted-for facility or institution into the community and such move increases the
costs of another state agency, the Governor, with the approval of the Finance Advisory
Committee, may transfer sufficient funds to cover such increased costs from the appropriations of the agency which moved the clients to the appropriations of the agency
which incurred the additional costs.
(1949 Rev., S. 279; P.A. 86-281, S. 12; P.A. 93-247, S. 1, 2.)
History: P.A. 86-281 added reference to "authority"; P.A. 93-247 made existing provisions Subsec. (a) and added
Subsec. (b) re transfer of funds to cover additional costs incurred by an agency because of another agency's action, effective
July 1, 1993.
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Sec. 4-40. Determination of salaries not prescribed by law. The salaries, compensation and wages of all state officers, boards, commissions, deputies and employees,
except in the Legislative and Judicial Departments of the state government, not prescribed by statute or special act, shall be determined, subject to the approval of the
Secretary of the Office of Policy and Management, by the Commissioner of Administrative Services. The salaries of the Commissioner of Administrative Services and the
Secretary of the Office of Policy and Management shall be determined by the Governor.
Salaries, compensation and wages in the legislative department shall be determined by
the General Assembly and, in the Judicial Department, when not prescribed by statute
or special act, shall be determined by the judges of the Supreme Court in accordance
with the applicable provisions of section 51-12, unless the appointing authority is empowered to fix, approve, or otherwise determine, such salaries, compensation or wages
in which case the salaries, compensation or wages so fixed, approved or otherwise
determined shall not exceed the salaries, compensation or wages fixed for comparable
positions in the compensation plan referred to in section 51-12.
(1949 Rev., S. 3593; 1957, P.A. 651, S. 18; February, 1965, P.A. 331, S. 9; P.A. 77-614, S. 10, 610.)
History: 1965 act added exception where appointing authority in judicial department is empowered to determine salaries;
P.A. 77-614 transferred power to establish salaries from personnel policy board to commissioner of administrative services,
required approval of secretary of the office of policy and management and provided that the secretary's and commissioner's
salaries be established by the governor.
See Secs. 2-10, 2-55 and 4-1 re compensation of House and Senate clerks and assistant clerks, of employees of Legislative
Commissioners' Office and of appointed officers, respectively.
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Sec. 4-40a. Compensation and expenses of licensing boards and commissions.
Members of the examining and licensing boards and commissions acting under title 20
shall be compensated for their services at rates established by the Commissioner of
Administrative Services, subject to the provisions of section 4-40, and such compensation and the expenses of each such board or commission shall be charged against appropriations of the General Fund.
(1959, P.A. 616, S. 76; P.A. 77-614, S. 85, 610.)
History: P.A. 77-614 replaced personnel policy board with commissioner of administrative services.
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Secs. 4-41 to 4-50. Regulations of state agencies. Sections 4-41 to 4-50, inclusive,
and other provisions of the general statutes which are inconsistent with the provisions
of chapter 54 are repealed.
(1949 Rev., S. 280-286; 1955, S. 105d-107d; 1957, P.A. 11; 176, S. 1-3; 1959, P.A. 330, S. 1, 2; 1961, P.A. 516;
1963, P.A. 26; 281; 559, S. 1-3; 1967, P.A. 285, S. 1, 2; 713, S. 1; 1969, P.A. 787, S. 1; 1971, P.A. 111; 854, S. 20.)
See chapter 54 (Sec. 4-166 et seq.) for Uniform Administrative Procedure Act.
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Sec. 4-51. Seals for state departments. Each state department, commission, board
and institution shall provide for its use an official seal of a uniform general design
approved by the Secretary.
(1949 Rev., S. 180.)
See Sec. 51-58 re court seals.
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Sec. 4-52. Trustee account defined. As used in sections 4-53 to 4-55, inclusive,
trustee account means any account operated in any state educational institution or welfare or medical agency for the benefit of the employees or students of such institution
or agency, including so-called clients' funds in state hospitals, the revenue of which is
derived from the operation of canteens, vending machines, dramatics, recitals, student
activity fees, membership fees, deposits, gifts, donations, bequests or any other legal
source compatible with the good government of such institution or agency.
(1949 Rev., S. 297; P.A. 78-298, S. 2, 14; P.A. 91-217, S. 1; P.A. 98-42, S. 2, 8; P.A. 02-107, S. 1.)
History: P.A. 78-298 removed exception for auxiliary services fund from definition of activity fund and specified
student activity fees as included in definition; P.A. 91-217 removed references to "correctional" institutions and "inmates";
P.A. 98-42 substituted "state educational institution or welfare or medical agency" for "state educational, welfare or medical
institution" and substituted "clients' funds" for "patients' funds", effective July 1, 1998; P.A. 02-107 renamed activity
fund as trustee account and added "gifts, donations, bequests", effective July 1, 2002.
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Sec. 4-53. Establishment of trustee accounts. The administrative head of any
such institution or agency may, with the approval of the Comptroller and in accordance
with procedures prescribed by the Comptroller, establish one or more trustee accounts.
The Governor may allot from the funds appropriated to any such institution or agency
any amount needed in the Governor's judgment for the establishment of any such trustee
account, and the Comptroller shall provide in such procedures for the reimbursement
of such appropriation. The use of such state facilities as space, fixtures, heat and light
to obtain revenue from the sources designated in section 4-52 is authorized.
(1949 Rev., S. 298; 1959, P.A. 318; 1967, P.A. 29, S. 1; P.A. 77-614, S. 19, 610; P.A. 84-130, S. 1, 3; P.A. 98-42, S.
3, 8; P.A. 02-107, S. 2.)
History: 1959 act deleted provision for financing cost of employee's time and cost of bonding from fund and authorized
commissioner of finance and control to establish or approve allocation of salaries and wages; 1967 act changed wording
slightly; P.A. 77-614 substituted secretary of the office of policy and management for commissioner of finance and control;
P.A. 84-130 replaced references to secretary of office of policy and management with references to comptroller and repealed
provision authorizing secretary to establish or approve allocation of salaries of personnel connected with activity funds;
P.A. 98-42 inserted "or agency" after "institution" and substituted "general welfare fund" for "institutional general welfare
fund", effective July 1, 1998; P.A. 02-107 renamed activity fund as trustee account, made technical changes for purposes
of gender neutrality and deleted provision re transfer of excess balance at end of fiscal year, effective July 1, 2002.
See Sec. 4-56 re institutional general welfare funds.
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Sec. 4-54. Management of trustee accounts. (a) The management of such accounts may be under the control of students or employees other than those adjudged
mentally ill but shall be under the supervision of the administrative head of the institution
or agency, except that such accounts shall be under the total control of students under
conditions hereinafter provided. The person acting as treasurer of any such account shall
be bonded in an amount determined by the State Insurance and Risk Management Board.
(b) Where the duly constituted student government at any public institution of
higher education or where by petition five per cent of the students enrolled at such
institution and paying activity fees seeks to establish total control and administration
of the student trustee account at such institution, a referendum shall be held on the
question. Such referendum shall be conducted by secret ballot and notice of such referendum shall be given to the students at such institution at least fourteen days prior to such
referendum. Upon approval by a majority of at least forty per cent of all students enrolled
in the institution and paying activity fees, the duly constituted student government of
such institution shall become responsible for the control and administration of such
account. Pursuant to this subsection any student government controlling student trustee
accounts shall establish a finance committee whose duty it shall be to hold hearings on
budget requests and expenditures of such accounts and to recommend the allocation of
such accounts to the student government. Such student government shall have as one
of its officers a duly elected treasurer who shall be accountable for such accounts and
be bonded in accordance with the provisions of subsection (a) of this section.
(c) A referendum on whether to continue student control of such account shall be
held upon the petition by five per cent of the students enrolled at such institution and
paying activity fees. Such referendum shall be held in accordance with the provisions
of subsection (b) of this section. Where a majority of those voting in such referendum
disapprove of the continuation of student control over such accounts, supervision of
such accounts shall be vested in the administrative head of the institution in accordance
with subsection (a) of this section.
(d) Notwithstanding any provisions of this section, a referendum on whether to
continue student control of such account shall be held at least every four years in accordance with the provisions of subsection (b) of this section. Such referendum shall require
approval by a majority of at least forty per cent of all students enrolled in the institution
and paying activity fees.
(1949 Rev., S. 299; June, 1955, S. 112d; 1972, P.A. 241, S. 2; P.A. 77-414, S. 1; P.A. 91-217, S. 2; P.A. 98-42, S. 4,
8; P.A. 99-51, S. 4, 9; 99-145, S. 17, 23; P.A. 02-107, S. 3.)
History: 1972 act replaced committee on bonding of state officers with state insurance purchasing board; P.A. 77-414
added Subsecs. (b) to (d), inclusive, setting out conditions for total student control of student activity funds; P.A. 91-217
amended Subsec. (a) by deleting reference to inmates; P.A. 98-42 amended Subsec. (a) by inserting "or agency" after
"institution", effective July 1, 1998; P.A. 99-51, effective May 27, 1999, and P.A. 99-145, effective June 8, 1999, both
amended Subsec. (a) to substitute "State Insurance and Risk Management Board" for "State Insurance Purchasing Board";
P.A. 02-107 renamed activity fund as trustee account and made technical changes, effective July 1, 2002.
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Sec. 4-55. Statement of trustee account operations. The administrative head of
any institution or agency operating a trustee account, the Commissioner of Correction
operating a trustee account in accordance with the provisions of section 4-57a or the
treasurer of a student government organization at a public institution of higher education
in control of a trustee account, in accordance with the provisions of subsection (b) of
section 4-54, shall file, or cause to be filed, a balance sheet and statement of operations
with the Secretary of the Office of Policy and Management at such times as said secretary
orders. A copy of such statements shall be retained for auditing purposes.
(1949 Rev., S. 300; P.A. 77-414, S. 2; 77-614, S. 19, 610; P.A. 78-298, S. 3, 14; P.A. 91-217, S. 6; P.A. 98-42, S. 5,
8; P.A. 02-107, S. 4.)
History: P.A. 77-414 included the treasurer of a student government organization controlling activity fund under filing
requirements; P.A. 77-614 replaced commissioner of finance and control with secretary of office of policy and management;
P.A. 78-298 replaced requirement for annual audit with audits at the discretion of auditors of public accounts; P.A. 91-217 specified applicability to commissioner of correction operating an activity fund in accordance with provisions of Sec.
4-57a; P.A. 98-42 inserted "or agency" after "institution" and required a copy of statements to be retained for auditing
purposes instead of filed with the Auditors of Public Accounts, effective July 1, 1998; P.A. 02-107 renamed activity fund
as trustee account, effective July 1, 2002.
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Sec. 4-56. Separate account for student or client funds. Unless otherwise provided by the donor, all gifts, donations or bequests made to the students or clients of
any state educational institution or medical or welfare agency as a group, unclaimed
funds accumulated from money deposited for the use of students or clients in any such
state institution or agency, and the interest on any such money, shall be placed in a
separate account at such institution or agency and shall be used in accordance with
procedures prescribed by the Comptroller, for the benefit of the students or clients of
such institution or agency in any manner which the governing board of such institution
or agency deems suitable.
(1949 Rev., S. 301; 1967, P.A. 29, S. 2; P.A. 77-614, S. 19, 610; P.A. 84-130, S. 2, 3; P.A. 91-217, S. 3; P.A. 98-42,
S. 6, 8; P.A. 02-107, S. 5.)
History: 1967 act changed wording slightly; P.A. 77-614 replaced commissioner of finance and control with secretary
of the office of policy and management; P.A. 84-130 replaced reference to secretary of office of policy and management
with reference to comptroller; P.A. 91-217 removed references to "inmates" and "correctional institutions"; P.A. 98-42
substituted "clients" for "patients", "state educational institution or medical or welfare agency" for "state educational,
medical or welfare institution" and "general welfare fund" for "institutional general welfare fund", effective July 1, 1998;
P.A. 02-107 replaced "fund" with "account" and deleted provisions re general welfare fund, effective July 1, 2002.
See Sec. 4-53 re transfer of activity fund surplus to institutional general welfare fund.
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Sec. 4-56a. Procedures re activity and institutional welfare funds not to constitute regulations. Procedures prescribed pursuant to sections 4-53, 4-56 and 4-57a shall
not be deemed to constitute state regulations within the meaning of subsection (13) of
section 4-166.
(1967, P.A. 29, S. 3; P.A. 78-298, S. 1, 14; P.A. 88-317, S. 44, 107; P.A. 91-217, S. 5.)
History: P.A. 78-298 replaced reference to Sec. 4-41 with "subsection (7) of section 4-166"; P.A. 88-317 substituted
"subsection (13)" for "subsection (7)", effective July 1, 1989, and applicable to all agency proceedings commencing on
or after that date; P.A. 91-217 added reference to Sec. 4-57a.
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Sec. 4-57. Financial reports on general welfare funds. Section 4-57 is repealed,
effective July 1, 2002.
(1949 Rev., S. 302; P.A. 77-614, S. 19, 610; P.A. 78-298, S. 4, 14; P.A. 91-217, S. 7; P.A. 98-42, S. 7, 8; P.A. 02-107,
S. 6.)
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Sec. 4-57a. Activity fund for inmates. Management of fund. Correctional General Welfare Fund. (a) As used in this section, "activity fund" means any fund operated
by the Commissioner of Correction for the benefit of the inmates, the revenue of which
is derived from any legal source compatible with the good government of any institution.
(b) The Commissioner of Correction may, with the approval of the Comptroller and
in accordance with procedures prescribed by the Comptroller, establish one or more
activity funds. The Governor may allot from the funds appropriated to the Department
of Correction any amount needed in his judgment for the establishment of any such
activity fund, and the Comptroller shall provide in such procedures for the reimbursement of such appropriation. The use of such state facilities as space, fixtures, heat and
light to obtain revenue from the sources designated in subsection (a) of this section, is
authorized. At the end of each quarter any cash balance in such fund not needed for the
maintenance and continuance of its activities may, with the approval of the Comptroller,
be transferred to the "Correctional General Welfare Fund" if such a fund has been established and, if not, shall remain in such activity fund.
(c) The management of such funds shall be under the supervision of the Commissioner of Correction. The person acting as treasurer of any such fund shall be bonded
in an amount determined by the State Insurance and Risk Management Board.
(d) Unless otherwise provided by the donor, all gifts, donations or bequests made
to the inmates of any correctional institution, unclaimed funds accumulated from money
deposited for the use of inmates in any institution, and the interest on any such money,
shall be placed in a separate fund which may be known as the "Correctional General
Welfare Fund" and shall be used in accordance with procedures prescribed by the Comptroller, for the benefit of the inmates of any institution in any manner which the Commissioner of Correction deems suitable.
(P.A. 91-217, S. 4; P.A. 99-51, S. 5, 9; 99-145, S. 18, 23.)
History: P.A. 99-51, effective May 27, 1999, and P.A. 99-145, effective June 8, 1999, both amended Subsec. (c) to
substitute "State Insurance and Risk Management Board" for "State Insurance Purchasing Board".
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Sec. 4-58. Disposition of unclaimed property in custody of heads of state institutions. (a) Notwithstanding the provisions of chapter 859 and except as provided in
subsection (b) of this section, any unclaimed article of jewelry or any accumulation of
such articles or valuables in the custody of the administrative head of any state institution
shall be retained by such administrative head for a period of three years, during which
period he shall make every reasonable effort to return each such article to its owner. At
the end of said period such administrative head may sell or otherwise dispose of such
article with the approval of the governing board of such institution. Any revenue derived
from the sale of any such articles shall be credited to the "institutional general welfare
fund" of the institution in which they were found and, if from any institution not having
such a fund, shall be paid to the State Treasurer and credited to the General Fund of
the state.
(b) The Commissioner of Correction shall adopt regulations in accordance with the
provisions of chapter 54 to set forth the manner in which the department shall sell or
otherwise dispose of any unclaimed inmate property, clothing or jewelry after reasonable
efforts have been made to return the same to the rightful owner. All proceeds from any
such sale shall be deposited in the General Fund and credited to the Criminal Injuries
Compensation Fund established by section 54-215.
(1949 Rev., S. 303, 304; P.A. 97-26.)
History: P.A. 97-26 designated existing provisions as Subsec. (a) and added Subsec. (b) re the disposition by the
Department of Correction of unclaimed inmate property.
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Sec. 4-58a. Mutual aid fire pacts between state institutions and municipalities.
(a) The superintendent of any state institution shall have the power to enter into
agreements with any town, city, borough, fire district or other governmental subdivision
having the duty to extinguish fires within its limits or any volunteer fire department
respecting mutual fire protection, including, but not limited to, arrangements respecting
use of fire fighting equipment and the services of such personnel of such institution who
are members of an institutional fire brigade.
(b) Any employee of a state institution who is a member of its regular or volunteer
fire department or institutional fire brigade who is injured or dies as a result of responding
to, working at or returning from a fire outside of such institution, in accordance with
an agreement entered into under subsection (a) of this section with the municipality
in which the fire occurred, shall be deemed to have been injured in the course of his
employment and he and his estate shall be entitled to all the benefits of title 5 and chapter
568, provided the superintendent of such institution shall have authorized his service
at such fire.
(c) The superintendent of any such institution may withhold the services of any
member of the regular, volunteer or institutional fire brigade for fire fighting duty outside
of such institution by reason of his assignment to regular or special duties at such institution.
(1961, P.A. 288; P.A. 05-288, S. 11.)
History: P.A. 05-288 made a technical change in Subsec. (b), effective July 13, 2005.
See Sec. 5-249 re authorization for state employee who is volunteer fireman or ambulance volunteer to respond to calls
during hours of employment.
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Sec. 4-59. Forms of reports to state officers. Section 4-59 is repealed.
(1949 Rev., S. 305; P.A. 78-302, S. 10, 11.)
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Sec. 4-60. Annual reports of budgeted agencies. The executive head of each
budgeted agency shall, on or before September first, annually, deliver to the Governor
a report of the activities of such agency during the fiscal year ended the preceding June
thirtieth. The Governor shall immediately file such reports with the Commissioner of
Administrative Services, who shall edit the same with regard to contents, arrangement
and brevity and cause them to be published in convenient form for distribution not later
than December first. Copies of such document shall be distributed to each elected state
officer and each member of the General Assembly or, in the even-numbered years, to
each such officer and member elected to take office the following January.
(1949 Rev., S. 307; P.A. 88-297, S. 12; P.A. 90-252, S. 8, 10; P.A. 96-88, S. 2, 9.)
History: P.A. 88-297 substituted reference to Sec. 4-117 (transferred to Sec. 4a-68) for Sec. 4-119 and repealed requirement that edited reports be published as a public document; P.A. 90-252 substituted "commissioner of administrative
services" for "supervisor of state publications"; P.A. 96-88 deleted requirement that reports be printed in accordance with
repealed Sec. 4a-68, effective July 1, 1996.
See Sec. 46a-78 re reports concerning equal employment opportunity measures.
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Secs. 4-60a to 4-60c. State Planning Council. Sections 4-60a to 4-60c, inclusive,
are repealed.
(1967, P.A. 697, S. 1-3; 1969, P.A. 628, S. 2; 768, S. 59; P.A. 73-33, S. 1, 2; 73-599, S. 33; P.A. 75-537, S. 18, 19, 54,
55; P.A. 77-614, S. 19, 70, 73, 609, 610.)
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Sec. 4-60d. Legislative Committee on State Planning and Development. (a)
There is established a Continuing Legislative Committee on State Planning and Development, to consist of ten members, five to be members of the Senate, one of whom shall
be the senate chairperson of the joint standing committee having cognizance of matters
relating to state development, two of whom shall be appointed by the president pro
tempore of the Senate, one of whom shall be appointed by the majority leader of the
Senate and one of whom shall be appointed by the minority leader of the Senate, and
five to be members of the House of Representatives, one of whom shall be the house
chairperson of the joint standing committee having cognizance of matters relating to
state development, two of whom shall be appointed by the speaker of the House of
Representatives, one of whom shall be appointed by the majority leader of the House
of Representatives and one of whom shall be appointed by the minority leader of the
House of Representatives.
(b) Said committee shall establish broad goals and objectives for the physical and
economic development of the state and shall transmit such goals and objectives to the
Secretary of the Office of Policy and Management.
(c) Said committee shall receive from the Secretary of the Office of Policy and
Management any plan or plans or portion thereof and shall consider the effect of such
plans on state goals and objectives and determine the need for legislative action thereon.
(1967, P.A. 697, S. 4, 5; P.A. 77-614, S. 21, 610; P.A. 79-31, S. 7, 17; P.A. 93-196, S. 2, 3.)
History: P.A. 77-614 replaced state planning council with secretary of the office of policy and management; P.A. 79-31 replaced separate references to senate and house committee on state development with references to senate chairman
and house chairman of joint standing committee having cognizance of matters relating to state development; P.A. 93-196
reduced number of appointments by president pro tempore and speaker from three to two and added members appointed
by majority and minority leaders of senate and house to committee, effective June 23, 1993.
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Sec. 4-60e. Existing rights and duties of state agencies not affected. Nothing in
section 4-60d shall be construed to limit, restrict or derogate from any power, right,
authority, duty or responsibility of any existing state agency or department head contained in any other statute.
(1967, P.A. 697, S. 6; P.A. 77-614, S. 22, 610.)
History: P.A. 77-614 deleted reference to repealed Secs. 4-60a to 4-60c.
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Secs. 4-60f to 4-60h. Interagency Committee on Health and Safety Codes. Legislative finding re provisions of human services. Council on Human Services. Sections 4-60f to 4-60h, inclusive, are repealed.
(1969, P.A. 546, S. 1, 2; P.A. 73-155, S. 1, 2, 10; P.A. 74-322, S. 1, 2, 6; P.A. 75-126, S. 1, 2; 75-479, S. 15, 25; 75-638, S. 16, 23; P.A. 76-434, S. 7, 9, 12; P.A. 77-511, S. 3; 77-614, S. 609, 610.)
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Sec. 4-60i. Commissioner of Social Services to develop uniform information,
technology and regulations for certain agencies. The Commissioner of Social Services shall (1) develop, throughout the Departments of Mental Retardation, Public
Health, Correction, Children and Families and Mental Health and Addiction Services,
uniform management information, uniform statistical information, uniform terminology
for similar facilities and uniform regulations for the licensing of human services facilities, (2) plan for increased participation of the private sector in the delivery of human
services, (3) provide direction and coordination to federally funded programs in the
human services agencies and recommend uniform system improvements and reallocation of physical resources and designation of a single responsibility across human services agencies lines to eliminate duplication.
(P.A. 73-155, S. 3, 10; P.A. 75-638, S. 17, 23; P.A. 76-434, S. 8, 12; P.A. 77-511, S. 3; 77-614, S. 323, 521, 526, 587,
609, 610; P.A. 78-303, S. 119, 136; P.A. 86-279, S. 2; P.A. 93-91, S. 1, 2; 93-262, S. 29, 87; 93-381, S. 9, 39; P.A. 95-257, S. 11, 12, 21, 58.)
History: P.A. 75-638 changed office of mental retardation to department of mental retardation; P.A. 76-434 gave council
power to recommend system improvements, reallocation of physical resources and single responsibility for human services
agencies; P.A. 77-511 and P.A. 77-614 repealed section but P.A. 78-303 deleted provision calling for section's repeal and
changes called for in P.A. 77-614 were enacted, i.e. department of health became department of health services, department
of social services became department of human resources, commissioner of human resources replaced council and references to vocational rehabilitation division of the state department of education and to department of community affairs
were deleted, effective January 1, 1979; P.A. 86-279 deleted requirement that commissioner of human resources coordinate
planning functions and resource utilization programs of certain agencies; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993;
P.A. 93-262 replaced commissioner of human resources with commissioner of social services and removed reference to
department on aging, effective July 1, 1993; P.A. 93-381 replaced commissioner of health services with commissioner of
public health and addiction services, effective July 1, 1993; (Revisor's note: In 1995 the Revisors substituted editorially
the numeric indicators (1), (2) and (3) for the alphabetic indicators (a), (b) and (c) for consistency with statutory usage);
P.A. 95-257 replaced Department of Public Health and Addiction Services with Department of Public Health and replaced
Department of Mental Health with Department of Mental Health and Addiction Services, effective July 1, 1995.
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Sec. 4-60j. Commissioner to consider advice of advisory boards and councils.
In fulfilling his responsibilities under sections 4-60i and 4-60l, the commissioner shall
take into consideration such advice as may be provided to the commissioner by advisory
boards and councils in the human services areas.
(P.A. 73-155, S. 4, 10; P.A. 77-511, S. 3; 77-614, S. 523, 609, 610; P.A. 78-303, S. 4, 119, 136.)
History: P.A. 77-511 and P.A. 77-614 repealed section but P.A. 78-303 deleted provision calling for repeal and other
changes called for by P.A. 77-614 and P.A. 78-303 were enacted; P.A. 77-614 changed council to commissioner, effective
January 1, 1979 and P.A. 78-303 changed sections referred to from 4-60g to 4-60n, inclusive, to 4-60i and 4-60l.
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Sec. 4-60k. Demonstration programs. Section 4-60k is repealed.
(P.A. 73-155, S. 5, 10; P.A. 74-322, S. 3, 6; P.A. 76-434, S. 9, 12.)
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Sec. 4-60l. Commissioner to approve certain agency policies and programs.
(a) Matters of policy involving more than one of the agencies designated in section 4-60i shall be presented to the commissioner for his approval prior to implementation.
(b) Matters of program development involving more than one of the agencies designated in section 4-60i shall be presented to the commissioner for his approval prior to
implementation.
(c) Any plan of any agency designated in section 4-60i for the future use or development of property or other resources shall be submitted to the commissioner for his
approval prior to implementation.
(P.A. 73-155, S. 6, 10; P.A. 77-511, S. 3; 77-614, S. 524, 609, 610; P.A. 78-303, S. 119, 136.)
History: P.A. 77-511 and P.A. 77-614 repealed section but P.A. 78-303 deleted provision calling for repeal and other
changes called for in P.A. 77-614 were enacted, i.e. references to commissioner replaced "council".
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Secs. 4-60m and 4-60n. Direction of agency improvements and changes. Plan
and report. Sections 4-60m and 4-60n are repealed.
(P.A. 73-155, S. 7-10; P.A. 74-322, S. 4, 6; P.A. 76-434, S. 9, 12.)
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Sec. 4-60o. Office of Child Day Care. Section 4-60o is repealed.
(P.A. 75-527, S. 1, 2, 5; P.A. 76-37, S. 1, 2; P.A. 77-85; 77-614, S. 525, 610; P.A. 78-78, S. 1, 2; 78-303, S. 55, 129,
136; P.A. 85-495, S. 6, 7.)
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Sec. 4-60p. State agencies as members of public-private consortia. (a) Any state
agency, institution or board of the state represented by its department head, officer,
commissioner or deputy commissioner as defined in section 4-5 and 4-8, is authorized
to sit as a member of the board of a consortium organized as a nonstock, nonprofit
corporation pursuant to chapter 602 or any predecessor statutes thereto, for the purpose
of coordinating public and private sector health and social service delivery systems to
provide: (1) The highest possible quality of health and social services at the lowest
practicable cost to all persons needing such services; (2) the most advanced coordinated
programs possible in health and social service delivery areas; (3) the coordination of
members' services to eliminate to the greatest possible degree both unnecessary duplication and incomplete coverage in the providing of such services and facilities; (4) the
greatest possible state-wide integration of health and social service programs; and (5)
the education of the public as to the health and social service needs of the state and the
goals of the consortium with regard thereto.
(b) Any state agency, institution or board may enter into such long-term contracts
and other agreements as will further the purposes of each consortium organized in accordance with subsection (a) of this section, and as contained in each consortium's
certificate of incorporation, provided the certificate of incorporation of each such consortium shall include a provision that no state agency, institution or board of the state
sitting as a member of the board of the consortium shall be obligated to undertake or
participate in any activity, which the representative of the state agency, institution or
board, acting in his sole discretion, determines to be in violation of the primary responsibility of his agency, board or institution as provided in the general statutes.
(P.A. 75-526, S. 1, 2, 3; P.A. 96-256, S. 168, 209.)
History: P.A. 96-256 amended Subsec. (a) to replace reference to "chapter 600" with "chapter 602 or any predecessor
statutes thereto", effective January 1, 1997.
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Sec. 4-60q. Toll-free telephone access to state agencies. Not later than January
1, 1996, each state agency shall provide the public with toll-free telephone access to the
agency.
(P.A. 94-131, S. 3, 4.)
History: P.A. 94-131 effective July 1, 1994.
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Sec. 4-61. Actions against the state on highway and public works contracts.
Arbitration. (a) Any person, firm or corporation which has entered into a contract with
the state, acting through any of its departments, commissions or other agencies, for the
design, construction, construction management, repair or alteration of any highway,
bridge, building or other public works of the state or any political subdivision of the
state may, in the event of any disputed claims under such contract or claims arising out
of the awarding of a contract by the Commissioner of Public Works, bring an action
against the state to the superior court for the judicial district of Hartford for the purpose
of having such claims determined, provided notice of each such claim under such contract and the factual bases for each such claim shall have been given in writing to the
agency head of the department administering the contract within the period which commences with the execution of the contract or the authorized commencement of work on
the contract project, whichever is earlier, and which ends two years after the acceptance
of the work by the agency head evidenced by a certificate of acceptance issued to the
contractor or two years after the termination of the contract, whichever is earlier. No
action on a claim under such contract shall be brought except within the period which
commences with the execution of the contract or the authorized commencement of
work on the contract project, whichever is earlier, and which ends three years after the
acceptance of the work by the agency head of the department administering the contract
evidenced by a certificate of acceptance issued to the contractor or three years after the
termination of the contract, whichever is earlier. Issuance of such certificate of acceptance shall not be a condition precedent to the commencement of any action. Acceptance
of an amount offered as final payment shall not preclude any person, firm or corporation
from bringing a claim under this section. Such action shall be tried to the court without
a jury. All legal defenses except governmental immunity shall be reserved to the state.
In no event shall interest be awarded under section 13a-96 and section 37-3a by a court
or an arbitrator to the claimant for the same debt for the same period of time. Interest
under section 37-3a shall not begin to accrue to a claimant under this section until at
least thirty days after the claimant submits a bill or claim to the agency for the unpaid
debt upon which such interest is to be based, along with appropriate documentation of
the debt when applicable. Any action brought under this subsection shall be privileged
in respect to assignment for trial upon motion of either party.
(b) As an alternative to the procedure provided in subsection (a) of this section, any
such person, firm or corporation having a claim under said subsection (a) may submit
a demand for arbitration of such claim or claims for determination under (1) the rules
of any dispute resolution entity, approved by such person, firm or corporation and the
agency head and (2) the provisions of subsections (b) to (e), inclusive, of this section,
except that if the parties cannot agree upon a dispute resolution entity, the rules of the
American Arbitration Association and the provisions of said subsections shall apply.
The provisions of this subsection shall not apply to claims under a contract unless notice
of each such claim and the factual bases of each claim has been given in writing to the
agency head of the department administering the contract within the time period which
commences with the execution of the contract or the authorized commencement of
work on the contract project, whichever is earlier, and which ends two years after the
acceptance of the work by the agency head evidenced by a certificate of acceptance
issued to the contractor or two years after the termination of the contract, whichever is
earlier. A demand for arbitration of any such claim shall include the amount of damages
and the alleged facts and contractual or statutory provisions which form the basis of the
claim. No action on a claim under such contract shall be brought under this subsection
except within the period which commences with the execution of the contract or the
authorized commencement of work on the contract project, whichever is earlier, and
which ends three years after the acceptance of the work by the agency head of the
department administering the contract evidenced by a certificate of acceptance issued
to the contractor or three years after the termination of the contract, whichever is earlier.
Issuance of such certificate of acceptance shall not be a condition precedent to the commencement of any action.
(c) Once a notice of claim is given to the agency head as required by subsection (b)
of this section, each party shall allow the other to examine and copy any nonprivileged
documents which may be relevant either to the claimant's claims or to the state's defenses
to such claims. Requests to examine and copy documents which have been prepared by
the contractor in order to submit a bid shall be subject to a claim of privilege and grounds
for an application to any court or judge pursuant to section 52-415 for a decision on
whether such documents constitute trade secrets or other confidential research, development or commercial information and whether such documents shall not be disclosed to
the state or shall be disclosed to the state only in a designated way. Any such documents
for which no decision is sought or privilege obtained shall not be subject to disclosure
under section 1-210 and shall not be disclosed by the agency to any person or agency
that is not a party to the arbitration. Such documents shall be used only for settlement
or litigation of the parties' claims. The arbitrators shall determine any issue of relevance
of such documents after an in camera inspection. The arbitrators shall seal such documents during arbitration and shall return such documents to the claimant after final
disposition of the claim.
(d) Hearings shall be scheduled for arbitration in a manner that shall ensure that
each party shall have reasonable time and opportunity to prepare and present its case,
taking into consideration the size and complexity of the claims presented. Unless the
parties agree otherwise, no evidentiary hearing on the merits of the claim may be held
less than six months after the demand for arbitration is filed with the dispute resolution
entity.
(e) The arbitrators shall conduct the hearing and shall hear evidence as to the facts,
and arguments as to the interpretation and application of contractual provisions. After
the hearing, the arbitrators shall issue in writing: (1) Findings of fact, (2) a decision in
which the arbitrators interpret the contract and apply it to the facts found and (3) an
award. The arbitrators' findings of fact and decision shall be final and conclusive and
not subject to review by any forum, tribunal, court or government agency, for errors of
fact or law. Awards shall be final and binding and subject to confirmation, modification
or vacation pursuant to chapter 909.
(f) Claims brought pursuant to this section may be submitted for mediation under
the mediation rules of such dispute resolution entity as the parties may agree upon.
(g) This section shall apply to claims brought on or after July 1, 1991. The provisions
of sections 4-61, 4b-97, 13b-57a, 13b-57b and 13b-57c of the general statutes, revised
to January 1, 1991, shall apply to claims brought before July 1, 1991.
(1957, P.A. 229; 1961, P.A. 555; 1969, P.A. 429; 768, S. 60; 1971, P.A. 112; P.A. 80-483, S. 158, 186; P.A. 85-113,
S. 1, 2; P.A. 86-253; P.A. 88-230, S. 1, 12; P.A. 90-95, S. 1; 90-98, S. 1, 2; P.A. 91-284, S. 1, 4; P.A. 92-228, S. 8; P.A.
93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)
History: 1961 act expanded section to include all public works, added notice provision, limitation provision and provision allowing claim after acceptance of amount offered as final payment and deleted provision precluding inclusion of
interest or costs in judgment against state; 1969 acts replaced specific reference to highway and public works departments
with reference to any department, commission or agency, included design contracts under provisions of section and provided
for privileged actions upon motion of either party-P.A. 768 calling for change of state highway department to commissioner
of transportation was disregarded; 1971 act replaced references to "acceptance of contract" with references to "acceptance
of work" done by contract and supported by certificate of acceptance issued by agency head to contractor, thus clarifying
section; P.A. 80-483 replaced "Hartford county" with "judicial district of Hartford-New Britain"; P.A. 85-113 added
reference to construction management; P.A. 86-253 amended Subsec. (a) to extend applicability to any highway, bridge,
building or other public works of "any political subdivision of the state" and added Subsec. (b) providing for arbitration
of disputes; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective
September 1, 1991; P.A. 90-95 expanded section by allowing contract disputes to be settled by any dispute resolution
entity not solely by the American Arbitration Association and added requirement that notice include amount of damages
and alleged facts forming basis of claim; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991,
to September 1, 1993; P.A. 91-284 amended Subsec. (a) to authorize action against state in superior court for claims arising
out of awarding of contract by commissioner of public works, require as prerequisite to bringing any action against state
in superior court under Subsec. (a) that the "factual bases" for claims be given to "agency head" of department administering
contract, prohibit awarding of interest under Secs. 13a-96 and 37-3a to claimant for same debt for same period and prohibit
accrual of interest until at least thirty days after claimant submits bill or claim for unpaid debt, amended Subsec. (b) by
substituting "agency head" for "commissioner of transportation" in Subdiv. (1), adding Subdiv. (2), making changes for
consistency with Subsec. (a) and requiring that a demand for arbitration include "contractual or statutory provisions"
which form basis of claim, and added Subsecs. (c) to (g), inclusive, re examination and copying of documents, arbitration
procedure, mediation and the application of this section; P.A. 92-228 amended Subsecs. (a) and (b) to change the time
period within which notice of a claim shall be given and action on a claim shall be brought; P.A. 93-142 changed the
effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed
the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.
Cited. 169 C. 253. Cited. 170 C. 434. Does not operate to waive immunity from suits based on type of contract in
question. Remedy lies with claims commissioner. 178 C. 352. Contract involved essentially the purchase of laundry
equipment and work required to install the equipment was not sufficient for the contract to qualify under the statute. 190
C. 212. Contracts for construction of city streets and a city bridge do not come within provisions of statute. 198 C. 185.
Cited. 217 C. 281. Cited. 239 C. 93. Claim is barred unless it arises directly "under" contract, as opposed to "related to",
"connected with" or "derived from". 250 C. 553.
Cited. 28 CA 175. P.A. 91-284 cited. Id. Cited. 29 CA 292. Arbitration proceeding under this section is not an action
under Sec. 52-592. 87 CA 367.
Parties may agree to arbitrate as alternative to proceeding by suit. 28 CS 173. Action for breach of contract for highway
design made in 1966 cannot be maintained as amendment extending section to design contracts was passed in 1969. 31
CS 313. Cited. 37 CS 50.
Subsec. (a):
Cited. 211 C. 370. Cited. 221 C. 346.
Subsec. (e):
Because statute governs form of an arbitrator's findings, decision and award and contains no well-defined, explicit or
clear requirement that arbitration award be consistent with findings of fact, plaintiff could not establish the elements
necessary to vacate arbitration award on the ground that arbitration panel manifestly disregarded the law. 273 C. 746.
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Sec. 4-61a. Inventions and discoveries by state employees. As used in this section, "invention" shall mean any invention or discovery and shall be divided into the
following categories: (1) Any invention conceived by one state employee solely, or by
state employees jointly; (2) any invention conceived by one or more state employees
jointly with one or more other persons; (3) any invention conceived by one or more
persons not state employees. The state shall be entitled to own, or to participate in the
ownership of, and to place in the custody of the state to the extent of such ownership,
any invention on the following conditions: (a) The state shall be entitled to own the
entire right, title and interest in and to any invention in category (1), in any instance in
which such invention is conceived in the course of performance of customary or assigned
duties of the employee inventor or inventors, or in which the invention emerges from
any research, development or other program of the state, or is conceived or developed
wholly or partly at the expense of the state, or with the aid of its equipment, facilities
or personnel. In each such instance, the employee inventor shall be deemed to be obligated, by reason of his employment by the state, to disclose his invention fully and
promptly to an authorized executive of the state; to assign to the state the entire right,
title and interest in and to each invention in category (1); to execute instruments of
assignment to that effect; to execute such proper patent applications on such invention
as may be requested by an authorized executive of the state, and to give all reasonable
aid in the prosecution of such patent applications and the procurement of patents thereon;
(b) the state shall have the rights defined in subsection (a) of this section with respect
to inventions in category (2), to the extent to which an employee has or employees have
disposable interest therein; and to the same extent the employee or employees shall be
obligated as defined in said subsection (a); (c) the state shall have no right to inventions
in category (3), except as may be otherwise provided in contracts, express or implied,
between the state and those entitled to the control of inventions in category (3). This
section shall not apply to employees or inventions covered by sections 10a-110 to 10a-110g, inclusive.
(1959, P.A. 515.)
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Sec. 4-61b. Transferred to Chapter 814c, Sec. 46a-53.
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Secs. 4-61c to 4-61k. Transferred to Chapter 814c, Secs. 46a-70 to 46a-78, inclusive.
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Sec. 4-61l. Transferred to Chapter 814c, Sec. 46a-99.
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Sec. 4-61m. Council on Voluntary Action. Director. Duties. Section 4-61m is
repealed.
(1971, P.A. 661, S. 1, 2; P.A. 77-614, S. 61, 610; P.A. 84-512, S. 13, 30; P.A. 88-35, S. 1, 2; June Sp. Sess. P.A. 91-14, S. 28, 30.)
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Secs. 4-61n and 4-61o. Transferred to Chapter 814c, Secs. 46a-79 and 46a-80,
respectively.
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Secs. 4-61p and 4-61q. Law enforcement agencies excepted. Complaint to Human Rights and Opportunities Commission. Sections 4-61p and 4-61q are repealed.
(P.A. 73-347, S. 4, 5, 7; P.A. 74-265, S. 1, 2; P.A. 80-422, S. 50.)
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Sec. 4-61r. Transferred to Chapter 814c, Sec. 46a-81.
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Sec. 4-61s. Transferred to Chapter 814c, Sec. 46a-68.
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Sec. 4-61t. Committee on Career Entry and Mobility. Members. Duties. There
shall be established a Committee on Career Entry and Mobility, appointed by the Commissioner of Administrative Services and chaired by the Commissioner of Administrative Services or his designee, which shall include a representative of the Office of Policy
and Management, a representative of the Department of Administrative Services who
is involved in classification activity, a representative of the Commission on Human
Rights and Opportunities, a representative of the Permanent Commission on the Status
of Women, a representative of the Office of Protection and Advocacy for Persons with
Disabilities and ten additional persons, two of whom shall be state agency personnel
administrators, four of whom shall be labor representatives and four of whom shall be
employed in state service and familiar with the problems of career mobility, affirmative
action, the implementation of corrective programs, and the accommodation and entry
level needs of persons with disabilities. The committee shall determine how career
counseling can be best provided and training opportunities best met and made available
within the funds allotted. The committee shall also develop mechanisms to communicate
information about state employment opportunities to state employees and persons with
disabilities who wish to become state employees. The committee shall advise the Commissioner of Administrative Services concerning broader usage of classification titles
affecting upward mobility, the entry level employment of persons with disabilities and
an effective procedure for reporting compliance to the legislature. The committee shall
prepare written guidelines for implementation of the career mobility program described
in subsection (a) of section 4-61u, section 4-61w and this section and the entry level
employment program for persons with disabilities described in subsection (b) of section
4-61u and this section. The committee shall meet at least once each quarter and shall
submit periodic reports to the Commissioner of Administrative Services.
(P.A. 77-250, S. 1, 5; 77-614, S. 66, 587, 610; P.A. 78-303, S. 85, 136; P.A. 88-116, S. 7; P.A. 92-165, S. 2, 32; P.A.
96-168, S. 27, 34; P.A. 98-205, S. 1.)
History: P.A. 77-614 and P.A. 78-303 replaced personnel commissioner with commissioner of administrative services;
P.A. 88-116 deleted obsolete reference to Sec. 4-61v; P.A. 92-165 specified additional members to be added to the committee, including representatives of office of policy and management and department of administrative services and adding
two state agency personnel administrators, two additional labor representatives and two additional state employees familiar
with upward mobility and affirmative action problems, and added meeting and reporting requirements; P.A. 96-168 changed
the name of the committee from "Committee on Upward Mobility" to "Committee on Career Mobility", increased committee membership by one, adding fourth labor representative, and required committee to develop state employment information communication mechanisms, effective July 1, 1996; P.A. 98-205 changed name of committee from "Committee on
Career Mobility" to "Committee on Career Entry and Mobility", added representative of the Office of Protection and
Advocacy for Persons with Disabilities to committee, required the four state employee committee members to be familiar
with accommodation and entry level needs of persons with disabilities and expanded scope of committee to include entry
level employment of persons with disabilities.
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Sec. 4-61u. State departments and agencies required to establish programs
of career mobility and accommodation and entry level training of persons with
disabilities. (a) Under the supervision of the Commissioner of Administrative Services,
all departments and agencies of state government shall establish an effective program
of career mobility as part of their affirmative action program, as required by section
46a-68, for occupational groups, which shall include, but not be limited to, secretarial,
clerical, supervisory clerical, semiskilled, crafts and trades, supervisory crafts and
trades, custodial, supervisory custodial and laborers. All departments and agencies of
state government shall provide, or make provision for, career counseling for such occupational groups. All departments and agencies shall make available to state employees
a range of training opportunities. In geographically remote areas, as defined by the
Committee on Career Entry and Mobility, where programs are not generally available,
departments and agencies shall enter into cooperative arrangements or take other appropriate actions to assure that training opportunities are provided to employees in those
areas. All departments and agencies shall, consistent with the requirements of the State
Personnel Act, initiate classification requests that would result in the development of
career ladders and lattices providing career mobility within and between occupational
groupings, and from subprofessional jobs to professional and managerial jobs. All departments and agencies of state government shall establish as part of their affirmative
action plans, specific annual goals and timetables on the number of classes in entry level
professional, managerial and administrative positions, which shall include, but are not
limited to, law enforcement, field representation, administrative staff, professional, subprofessional or technical jobs that are to be filled through career mobility.
(b) Under the supervision of the Commissioner of Administrative Services, each
department and agency of state government shall establish an effective program of accommodation and entry level training of persons with disabilities. Such programs shall
be part of department and agency affirmative action programs required by section 46a-68. All departments and agencies shall make a range of training opportunities available
to such persons. In geographically remote areas, as defined by the Committee on Career
Entry and Mobility, where programs are not generally available, departments and agencies shall enter into cooperative arrangements or take other appropriate actions to assure
that training opportunities are provided to such persons in those areas. All departments
and agencies of state government shall establish, as part of their affirmative action plans,
specific annual goals and timetables on (1) the number of jobs that are to be filled through
the accommodation of persons with disabilities and (2) entry level training for such
persons.
(P.A. 77-250, S. 2, 5; 77-614, S. 66, 587, 610; P.A. 78-303, S. 85, 136; P.A. 96-168, S. 28, 34; P.A. 98-205, S. 2.)
History: P.A. 77-614 and P.A. 78-303 replaced personnel commissioner with commissioner of administrative services;
P.A. 96-168 changed references to "upward mobility" to "career mobility", effective July 1, 1996; P.A. 98-205 designated
existing provisions as Subsec. (a), amended Subsec. (a) by substituting "Committee on Career Entry and Mobility" for
"committee" and added new Subsec. (b), requiring state departments and agencies to establish programs of accommodation
and entry level training of persons with disabilities.
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Sec. 4-61v. Report to General Assembly by Commissioner of Administrative
Services and Committee on Upward Mobility. Section 4-61v is repealed.
(P.A. 77-250, S. 3, 5; 77-614, S. 66, 587, 610; P.A. 78-303, S. 85, 136; P.A. 88-116, S. 11.)
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Sec. 4-61w. Composition of employees in career mobility program. In implementing the provisions of sections 4-61t and 4-61u and this section, each department
or agency shall insure that the ethnic and sex composition of employees participating
in the career mobility program shall be consistent with the regulations for affirmative
action of the Commission on Human Rights and Opportunities.
(P.A. 77-250, S. 4, 5; 77-614, S. 66, 587, 610; P.A. 78-303, S. 85, 136; P.A. 85-161; P.A. 88-116, S. 8; P.A. 96-168,
S. 29, 34.)
History: P.A. 77-614 and P.A. 78-303 replaced personnel department with department of administrative services; P.A.
85-161 required that composition of employees participating in program be consistent with affirmative action "regulations"
of human rights and opportunities commission rather than with affirmative action "guidelines" of administrative services
department; P.A. 88-116 deleted obsolete reference to Sec. 4-61v; P.A. 96-168 changed reference to "upward mobility"
to "career mobility", effective July 1, 1996.
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Secs. 4-61x to 4-61z. Reserved for future use.
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Sec. 4-61aa. Committee to encourage employment by state of persons with
disabilities. (a) There is established a committee to encourage the employment by the
state of persons with disabilities. The Commissioner of Administrative Services shall
appoint the members of the committee, which shall be chaired by such commissioner,
or his designee, and include one representative of each of the following:
(1) The Board of Education and Services to the Blind;
(2) The Commission on the Deaf and Hearing Impaired;
(3) The Bureau of Rehabilitative Services;
(4) The Office of Protection and Advocacy for Persons with Disabilities;
(5) The Department of Mental Health and Addiction Services;
(6) The Department of Mental Retardation; and
(7) The Labor Department.
(b) The committee shall:
(1) Advise, and develop written guidelines for, the Commissioner of Administrative
Services and the executive heads of other state agencies regarding the adaptation of
employment examinations and alternative hiring processes for, and the reasonable accommodation of, persons with disabilities; and
(2) Review the program established under subsection (b) of section 4-61u and compliance with the provisions of section 46a-70 concerning persons with physical disabilities.
(P.A. 98-205, S. 4.)
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Secs. 4-61bb and 4-61cc. Reserved for future use.
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Sec. 4-61dd. Whistleblowing. Disclosure of information to Auditors of Public
Accounts. Investigation by Attorney General. Proceedings re alleged retaliatory
personnel actions. Report to General Assembly. Large state contractors. (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. The Attorney General shall have power to
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. 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, 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) (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 such employee's or contractor's disclosure of information to (A) an employee of
the Auditors of Public Accounts or the Attorney General under the provisions of subsection (a) of this section; (B) an employee of the state agency or quasi-public agency where
such state officer or employee is employed; (C) an employee of a state agency pursuant
to a mandated reporter statute; or (D) in the case of a large state contractor, an employee
of the contracting state agency concerning information involving the large state contract.
(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) (A) Not later than thirty 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 concerning
such personnel action with the Chief Human Rights Referee designated under section
46a-57. 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 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) As an alternative to the provisions of subdivisions (2) and (3) 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 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) In any proceeding under subdivision (2), (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 after the employee first transmits facts and information concerning a matter
under subsection (a) of this section to the Auditors of Public Accounts or the Attorney
General, 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.
(6) 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 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) Any employee of a state or quasi-public agency or large state contractor, who
is found 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) On or before September first, annually, the Auditors of Public Accounts shall
submit 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) 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) 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) 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) No person who, in good faith, discloses information to the Auditors of Public
Accounts or the Attorney General in accordance with this section shall be liable for any
civil damages resulting from such good faith disclosure.
(h) 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.
(P.A. 79-599, S. 1, 2; P.A. 83-232; P.A. 85-559, S. 5; P.A. 87-442, S. 1, 8; P.A. 89-81, S. 3; P.A. 97-55; P.A. 98-191,
S. 1, 2; P.A. 02-91, S. 1; P.A. 04-58, S. 1, 2; P.A. 05-287, S. 47; P.A. 06-196, S. 26.)
History: P.A. 83-232 amended Subsec. (a) to authorize a former state employee or state employee bargaining representative to disclose information and to require the attorney general to report to the complainant his findings and any actions
taken, amended Subsec. (b) to prohibit retaliatory action by "any state officer or employee" and to provide that an employee
may file an appeal if retaliatory action is threatened or taken, and added Subsec. (c) re sanctions for an employee who
makes false charges; P.A. 85-559 required that state employees report to inspector general rather than to attorney general
and that findings be reported in accordance with Sec. 2-104(b) rather than to governor or chief state's attorney as was
previously the case; P.A. 87-442, in Subsec. (a), substituted "person" for "state employee, former state employee or state
employee bargaining representative acting on behalf of any state employee or former state employee or on his own behalf",
authorized any such person to transmit facts and information to auditors of public accounts, instead of to inspector general,
required auditors to review matter and report to attorney general, required attorney general to make investigation and
auditors to assist at his request, required attorney general, instead of inspector general, to report findings to governor or
chief state's attorney, instead of to complainant, and applied provisions re nondisclosure of identity of person to auditors
and attorney general instead of to inspector general and limited applicability of such provisions to receipt of information
under this section, instead of this section or Subsec. (b) of Sec. 1-19 and, in Subsec. (b), substituted "auditors of public
accounts or attorney general" for "inspector general" and limited applicability of provisions of Subsec. to disclosure of
information under provisions of this section instead of this section and Subsec. (b) of Sec. 1-19; P.A. 89-81 added Subsec.
(d) requiring annual report by auditors to general assembly on matters transmitted to them under this section; P.A. 97-55
applied section to quasi-public agencies; P.A. 98-191 applied section to large state contractors, effective July 1, 1998
(Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220 authorized substitution of "judicial district of Hartford" for "judicial
district of Hartford-New Britain" in public and special acts of the 1998 session of the General Assembly, effective September
1, 1998); P.A. 02-91 substantially revised Subsec. (b) procedures re alleged retaliatory personnel actions by designating
existing provisions as Subdivs. (1) and (4), adding Subdivs. (2) and (3) re investigation by Attorney General and complaints
to Chief Human Rights Referee, adding provision in Subdiv. (4) re existing procedure for employee appeals and civil
actions as alternative to provisions of Subdivs. (2) and (3), adding Subdiv. (5) providing, in proceedings under Subdivs.
(2), (3) and (4), for a rebuttable presumption that certain personnel actions are retaliatory and making conforming and
technical changes, and made technical change in Subsec. (e), effective June 3, 2002; P.A. 04-58 made technical changes
in Subsecs. (a) and (c); P.A. 05-287 made technical and conforming changes throughout the section, amended Subsec. (a)
to authorize the Attorney General to conduct any investigation deemed proper based on any other information that may
be reasonably derived from the report, require the Attorney General to consult with the Auditors of Public Accounts re
the relationship of such other information to the report and authorize the withholding of records from such investigation
during the pendency of such investigation, amended Subsec. (b) to insert clause designators, include contractors in the list
of protected persons and provide protection for disclosure to state agencies in Subdiv. (1), designate new Subdiv. (3)(A)
re complaints by state or quasi-public agency employees and employees of large state contractors, redesignate existing
Subdiv. (3) as Subdiv. (3)(B) and add Subdiv. (6) re action by a state officer or employee, quasi-public agency officer or
employee, or employee or officer of a large state construction contractor to impede, fail to renew or cancel a contract,
amended Subsec. (e) re disclosure to any employee of the contracting state or quasi-public agency, added new Subsec. (g)
re good faith disclosures to the Auditors of Public Accounts or the Attorney General, redesignated existing Subsec. (g) as
Subsec. (h) and amended same by redefining "large state contract" in Subdiv. (1), effective July 13, 2005; P.A. 06-196
made technical changes in Subsec. (b), effective June 7, 2006.
Plain language reading of section includes "sheriffs" and "deputy sheriffs" among those who could be investigated
because of legislature's use of the words "state department or agency" within the statute. 47 CS 447. Requirement that
Attorney General forward information to Chief State's Attorney if warranted does not make section a criminal statute. Id.
Power granted to Attorney General under section is not an impermissible intrusion upon powers granted to another department of government. Id.
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Secs. 4-61ee to 4-61gg. Reserved for future use.
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Sec. 4-61hh. Volunteers in state government. Definitions. As used in sections
4-61hh to 4-61mm, inclusive:
(1) "Volunteer" means any individual who provides goods or services to any state
agency without compensation therefor;
(2) "Regular service volunteer" means any volunteer engaged in specific service
activities on an ongoing or continuous basis;
(3) "State agency" shall include any agency, authority, board, commission, council,
department, institution or other instrumentality of the state.
(P.A. 79-385, S. 1.)
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Sec. 4-61ii. Volunteer programs within state agencies. Any state agency utilizing or contemplating the utilization of volunteers shall be responsible for the development, continuation or expansion of volunteer programs within the agency. Each state
agency may, for the purposes of fulfilling its responsibilities under sections 4-61hh to 4-61mm, inclusive, do any or all of the following: (1) Utilize qualified salaried professional
staff to develop meaningful opportunities for volunteers involved in carrying out the
functions of the agency; (2) develop written rules governing the recruitment, screening,
training, responsibility, utilization, supervision and evaluation of its volunteers, but such
rules shall not be deemed to be regulations as defined in subsection (13) of section 4-166; (3) take such actions as are necessary to ensure that volunteers and paid employees
understand their respective duties and responsibilities toward one another and their respective roles in fulfilling the functions of the agency; (4) develop and implement orientation and training programs for volunteers; and (5) contract with other state agencies,
as it deems necessary.
(P.A. 79-385, S. 2; P.A. 88-317, S. 45, 107; June Sp. Sess. P.A. 91-14, S. 21, 30.)
History: P.A. 88-317 amended Subdiv. (3) by substituting "subsection (13)" for "subsection (7)", effective July 1, 1989,
and applicable to all agency proceedings commencing on or after that date; June Sp. Sess. P.A. 91-14 deleted authority of
state agencies to consult with and enlist assistance of council on voluntary action to reflect elimination of council by said
public act.
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Sec. 4-61jj. Incidental benefits. Fulfillment of experience or training requirements. (a) Each state agency, with the approval of the Commissioner of Administrative
Services, may (1) provide for the recognition of volunteers who have served the agency
and paid employees who have worked with the volunteers, and (2) provide volunteers
with such incidental benefits or reimbursements as are consistent with section 4-61ll.
(b) The Commissioner of Administrative Services shall adopt regulations in accordance with chapter 54 to provide for the recognition of volunteer service as partial fulfillment of state employment requirements of training or experience.
(P.A. 79-385, S. 3.)
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Sec. 4-61kk. Exemption from title 5. Compliance with regulations. (a) Any
volunteer recruited, trained or utilized by any state agency shall, to the extent of his
voluntary services, be exempt from the provisions of title 5, except as provided in section
4-61ll.
(b) Volunteers shall comply with applicable agency rules and regulations. No volunteer shall displace a paid employee of this state.
(P.A. 79-385, S. 4.)
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Sec. 4-61ll. Benefits or reimbursements to volunteers. Each state agency may
provide benefits or reimbursements to volunteers, within the limits of its available appropriations, as follows: (1) Meals may be furnished without charge; (2) lodging may be
furnished temporarily to regular service volunteers without charge; (3) transportation
reimbursements, including parking fees, automobile mileage, bus and taxi fares, may
be furnished. Such reimbursements, when provided, shall be furnished at the same rate
as provided for state employees in accordance with section 5-141c; (4) use of state
vehicles for the performance of official state agency duties; (5) liability insurance, purchased through the State Insurance and Risk Management Board, to cover all volunteers
to the same extent as may be provided for its salaried employees; and (6) optional staff
development training to enhance individual skills.
(P.A. 79-385, S. 5; P.A. 99-51, S. 6, 9; 99-145, S. 19, 23.)
History: (Revisor's note: In 1993 an obsolete reference to repealed Sec. 5-141a was deleted editorially by the Revisors);
P.A. 99-51, effective May 27, 1999, and P.A. 99-145, effective June 8, 1999, both changed Subsec. designators to Subdiv.
designators and substituted "State Insurance and Risk Management Board" for "State Insurance Purchasing Board".
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Sec. 4-61mm. Evaluation of volunteer program to be included in annual report. (a) Each state agency, as part of its annual report to the General Assembly and
the Governor, shall include an evaluation of its volunteer program which details the
following information: (1) The total number, location and duties of all volunteers; (2)
the total number of annual hours of service provided by all volunteers; and (3) a cost
benefits analysis of volunteer services for the preceding year based on guidelines established by the Council on Voluntary Action. Such guidelines shall not be deemed to be
regulations as defined in subsection (13) of section 4-166.
(b) Each state agency shall furnish, at the time of filing such annual report, a copy
of such evaluation to the Council on Voluntary Action.
(P.A. 79-385, S. 6; P.A. 88-317, S. 46, 107.)
History: P.A. 88-317 amended Subsec. (a) by substituting "subsection (13)" for "subsection (7)", effective July 1, 1989,
and applicable to all agency proceedings commencing on or after that date.
See Sec. 5-219a re recognition of volunteer experience in state employment practices and reporting of same to Governor.
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Sec. 4-61nn. Adaptation of administration of tests to needs of persons with
disabilities. Not later than July 1, 1992, the commissioner of each state agency and each
professional examining board which tests individuals shall develop and implement a
procedure to adapt the administration of such tests to the needs of persons with disabilities, provided any such adaptation shall not interfere with the validity of the test or with
the assessment of bona fide occupational qualifications. Such procedure shall include
a method of informing persons with disabilities of the opportunity to request such an
adaptation.
(P.A. 91-87.)
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