
General Assembly |
Amendment |
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February Session, 2012 |
LCO No. 3763 | ||||
*SB0043703763SRO* | |||||
Offered by: |
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SEN. MCKINNEY, 28th Dist. SEN. FASANO, 34th Dist. |
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"AN ACT CONCERNING CHANGES TO ELECTIONS LAWS. "
After the last section, add the following and renumber sections and internal references accordingly:
"Sec. 501. Section 1-300 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) There is established the Office of Governmental Accountability. The executive administrator of the office shall serve as the administrative head of the office, who shall be appointed in accordance with the provisions of section 1-301, as amended by this act.
(b) The Office of Governmental Accountability shall provide personnel, payroll, affirmative action and administrative and business office functions and information technology associated with such functions for the following: The [Office of State Ethics established under section 1-80, State Elections Enforcement Commission established under section 9-7a, Freedom of Information Commission established under section 1-205,] Judicial Review Council established under section 51-51k, Judicial Selection Commission established under section 51-44a, Board of Firearms Permit Examiners established under section 29-32b, Office of the Child Advocate established under section 46a-13k, Office of the Victim Advocate established under section 46a-13b and State Contracting Standards Board established under section 4e-2. The personnel, payroll, affirmative action and administrative and business office functions of said offices, commissions, council and boards shall be merged and consolidated within the Office of Governmental Accountability pursuant to the plan developed and implemented under the provisions of section 1-302, as amended by this act.
(c) The executive administrator may employ necessary staff to carry out the administrative functions of the Office of Governmental Accountability, within available appropriations. Such necessary staff of the Office of Governmental Accountability shall be in classified service.
(d) Nothing in this section shall be construed to affect or limit the independent decision-making authority of the [Office of State Ethics, State Elections Enforcement Commission, the Freedom of Information Commission,] Judicial Review Council, Judicial Selection Commission, Board of Firearms Permit Examiners, Office of the Child Advocate, Office of the Victim Advocate or the State Contracting Standards Board. Such decision-making authority includes, but is not limited to, decisions concerning budgetary issues and concerning the employment of necessary staff to carry out the statutory duties of each such office, commission, council or board.
Sec. 502. Subdivision (1) of subsection (a) of section 1-301 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) (1) There shall be a Governmental Accountability Commission, within the Office of Governmental Accountability established under section 1-300, as amended by this act, that shall consist of [nine] six members as follows: [(A) The chairperson of the Citizen's Ethics Advisory Board established under section 1-80, or the chairperson's designee; (B) the chairperson of the State Elections Enforcement Commission established under section 9-7a, or the chairperson's designee; (C) the chairperson of the Freedom of Information Commission established under section 1-205, or the chairperson's designee; (D) the] (A) The executive director of the Judicial Review Council established under section 51-51k, or the executive director's designee; [(E)] (B) the chairperson of the Judicial Selection Commission established under section 51-44a, or the chairperson's designee; [(F)] (C) the chairperson of the Board of Firearms Permit Examiners established under section 29-32b, or the chairperson's designee; [(G)] (D) the Child Advocate appointed under section 46a-13k, or the advocate's designee; [(H)] (E) the Victim Advocate appointed under section 46a-13b, or the advocate's designee; and [(I)] (F) the chairperson of the State Contracting Standards Board established under section 4e-2, or the chairperson's designee. The Governmental Accountability Commission shall select a chairperson who shall preside at meetings of the commission. Said commission shall meet for the purpose of making recommendations to the Governor for candidates for the executive administrator of the Office of Governmental Accountability pursuant to the provisions of subsection (b) of this section, or for the purpose of terminating the employment of the executive administrator.
Sec. 503. Section 1-302 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) Not later than November 1, 2011, the executive administrator appointed under section 1-301 shall develop and implement a plan for the Office of Governmental Accountability to merge and provide for personnel, payroll, affirmative action and administrative and business office functions and information technology associated with such functions for the [Office of State Ethics established under section 1-80, State Elections Enforcement Commission established under section 9-7a, Freedom of Information Commission established under section 1-205,] Judicial Review Council established under section 51-51k, Judicial Selection Commission established under section 51-44a, Board of Firearms Permit Examiners established under section 29-32b, Office of the Child Advocate established under section 46a-13k, Office of the Victim Advocate established under section 46a-13b and State Contracting Standards Board established under section 4e-2.
(b) Not later than January 2, 2012, the executive administrator of the Office of Governmental Accountability, in conjunction with (1) the executive director, or the executive director's designee, of [each of the following: The Office of State Ethics, the Freedom of Information Commission, the State Elections Enforcement Commission and] the Judicial Review Council, (2) the chairperson or the chairperson's designee of each of the following: The Judicial Selection Commission, the Board of Firearms Permit Examiners, and the State Contracting Standards Board, (3) the Child Advocate or the advocate's designee, and (4) the Victim Advocate or the advocate's designee shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, government administration, the judiciary, children, public safety and human services concerning (A) the status of the merger described in subsection (a) of this section, and (B) any recommendations for further legislative action concerning such merger, including, but not limited to, recommendations to further consolidate and merge functions performed by the offices, commissions, boards and council within the Office of Governmental Accountability such as those concerning best use of staff, elimination of redundancies and cross-training of staff for the purpose of using staff to perform functions across such offices, commissions, boards and council.
Sec. 504. Subsection (a) of section 1-80 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) There shall be established [, within the Office of Governmental Accountability established under section 1-300,] an Office of State Ethics. Said office shall consist of an executive director, general counsel, ethics enforcement officer and such other staff as hired by the executive director. Within the Office of State Ethics, there shall be the Citizen's Ethics Advisory Board that shall consist of nine members, appointed as follows: One member shall be appointed by the speaker of the House of Representatives, one member by the president pro tempore of the Senate, one member by the majority leader of the Senate, one member by the minority leader of the Senate, one member by the majority leader of the House of Representatives, one member by the minority leader of the House of Representatives, and three members by the Governor. Members of the board shall serve for four-year terms which shall commence on October 1, 2005, except that members first appointed shall have the following terms: The Governor shall appoint two members for a term of three years and one member for a term of four years; the majority leader of the House of Representatives, minority leader of the House of Representatives and the speaker of the House of Representatives shall each appoint one member for a term of two years; the president pro tempore of the Senate, the majority leader of the Senate and the minority leader of the Senate shall each appoint one member for a term of four years. No individual shall be appointed to more than one four-year term as a member of the board, provided, members may not continue in office once their term has expired and members first appointed may not be reappointed. No more than five members shall be members of the same political party. The members appointed by the majority leader of the Senate and the majority leader of the House of Representatives shall be selected from a list of nominees proposed by a citizen group having an interest in ethical government. The majority leader of the Senate and the majority leader of the House of Representatives shall each determine the citizen group from which each will accept such nominations. One member appointed by the Governor shall be selected from a list of nominees proposed by a citizen group having an interest in ethical government. The Governor shall determine the citizen group from which the Governor will accept such nominations.
Sec. 505. Subsection (a) of section 1-81a of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) Notwithstanding any provision of the general statutes, the appropriations recommended for [the division of] the Office of State Ethics, as established in section 1-80, as amended by this act, [within the Office of Governmental Accountability established under section 1-300, which division shall have a separate line item within the budget for the Office of Governmental Accountability,] shall be the estimates of expenditure requirements transmitted to the Secretary of the Office of Policy and Management by the executive [administrator of the Office of Governmental Accountability] director of the Office of State Ethics and the recommended adjustments and revisions of such estimates shall be the recommended adjustments and revisions, if any, transmitted by said executive [administrator] director to the Office of Policy and Management.
Sec. 506. Subsection (a) of section 1-205 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) There shall be established [, within the Office of Governmental Accountability established under section 1-300,] a Freedom of Information Commission consisting of nine members. (1) Five of such members shall be appointed by the Governor, with the advice and consent of either house of the General Assembly. Such members shall serve for terms of four years from July first of the year of their appointment, except that of the members appointed prior to and serving on July 1, 1977, one shall serve for a period of six years from July 1, 1975, one shall serve for a period of four years from July 1, 1975, and one shall serve for a period of six years from July 1, 1977. Of the two new members first appointed by the Governor after July 1, 1977, one shall serve from the date of such appointment until June 30, 1980, and one shall serve from the date of such appointment until June 30, 1982. (2) On and after July 1, 2011, four members of the commission shall be appointed as follows: One by the president pro tempore of the Senate, one by the minority leader of the Senate, one by the speaker of the House of Representatives and one by the minority leader of the House of Representatives. Such members shall serve for terms of two years from July first of the year of their appointment. (3) No more than five members of the commission shall be members of the same political party. Any vacancy in the membership of the commission shall be filled by the appointing authority for the unexpired portion of the term.
Sec. 507. Subsection (a) of section 1-205a of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) Notwithstanding any provision of the general statutes, the appropriations recommended for [the division of] the Freedom of Information Commission, as established in section 1-205, as amended by this act, [within the Office of Governmental Accountability established under section 1-300, which division shall have a separate line item within the budget for the Office of Governmental Accountability,] shall be the estimates of expenditure requirements transmitted to the Secretary of the Office of Policy and Management by the executive [administrator of the Office of Governmental Accountability] director of the commission and the recommended adjustments and revisions of such estimates shall be the recommended adjustments and revisions, if any, transmitted by said executive [administrator] director to the Office of Policy and Management.
Sec. 508. Subsection (a) of section 9-7a of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) There is established [, within the Office of Governmental Accountability established under section 1-300,] a State Elections Enforcement Commission to consist of five members, not more than two of whom shall be members of the same political party and at least one of whom shall not be affiliated with any political party. Of the members first appointed hereunder, one shall be appointed by the minority leader of the House of Representatives and shall hold office for a term of one year from July 1, 1974; one shall be appointed by the minority leader of the Senate and shall hold office for a term of three years from said July first; one shall be appointed by the speaker of the House of Representatives and shall hold office for a term of one year from said July first; one shall be appointed by the president pro tempore of the Senate and shall hold office for a term of three years from said July first, and one shall be appointed by the Governor, provided [that] such member shall not be affiliated with any political party, and shall hold office for a term of five years from said July first, except members appointed on or after July 1, 2011. On and after July 1, 2011, members shall be appointed for terms of three years from July first in the year of their appointment and shall be appointed by the person holding the same office as was held by the person making the original appointment, provided any person chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. On and after July 1, 2011, no member may serve consecutive terms, except that any member serving on said date, may serve until a successor is appointed and has qualified. All appointments shall be made with the consent of the state Senate and House of Representatives. No person who has served within the previous three years as a public official or who has served within the previous three years as a political party officer, shall be appointed to membership on the commission. For purposes of this subsection, the term "public official" means an individual who holds or has held a state, district or municipal office as defined in section 9-372 but shall not include a justice of the peace or a notary public and the term "political party officer" means an officer or member of a national committee of a political party, state central or town committee, or any person employed by any such committee for compensation. The commission shall elect one of its members to serve as chairperson and another member to serve as vice-chairperson. Each member of the commission shall be compensated at the rate of two hundred dollars per day for any day on which he participates in a regular commission meeting or hearing, and shall be paid by the state for his reasonable expenses, including necessary stenographic and clerical help.
Sec. 509. Subsection (a) of section 9-7c of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) Notwithstanding any provision of the general statutes, the appropriations recommended for [the division of] the State Elections Enforcement Commission, as established in section 9-7a, as amended by this act, [within the Office of Governmental Accountability established under section 1-300, which division shall have a separate line item within the budget for the Office of Governmental Accountability,] shall be the estimates of expenditure requirements transmitted to the Secretary of the Office of Policy and Management by the executive [administrator of the Office of Governmental Accountability] director of the commission and the recommended adjustments and revisions of such estimates shall be the recommended adjustments and revisions, if any, transmitted by said executive [administrator] director to the Office of Policy and Management.
Sec. 510. (Effective from passage) The Legislative Commissioners' Office shall make such technical and conforming changes as necessary to carry out the purposes of sections 1-80, 1-81a, 1-205, 1-205a, 1-300, 1-301, 1-302, 9-7a and 9-7c of the general statutes, as amended by this act. "
This act shall take effect as follows and shall amend the following sections: | ||
Sec. 501 |
July 1, 2012 |
1-300 |
Sec. 502 |
July 1, 2012 |
1-301(a)(1) |
Sec. 503 |
July 1, 2012 |
1-302 |
Sec. 504 |
July 1, 2012 |
1-80(a) |
Sec. 505 |
July 1, 2012 |
1-81a(a) |
Sec. 506 |
July 1, 2012 |
1-205(a) |
Sec. 507 |
July 1, 2012 |
1-205a(a) |
Sec. 508 |
July 1, 2012 |
9-7a(a) |
Sec. 509 |
July 1, 2012 |
9-7c(a) |
Sec. 510 |
from passage |
New section |