House Bill No. 8006
House Bill No. 8006
June 18 Special Session, PUBLIC ACT NO. 97-9
AN ACT CONCERNING THE MANAGEMENT OF STATE AGENCY
INFORMATION AND TELECOMMUNICATION SYSTEMS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 16a-109 of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in this section, section 16a-110,
[and] sections 16a-113 to 16a-120, inclusive, AND
SECTIONS 3, 4, 24 AND 29 TO 48, INCLUSIVE, OF THIS
ACT:
(1) "Architecture" means the defined structure
or orderly arrangement of information systems and
telecommunication systems, based on accepted
industry standards and guidelines, for the purpose
of maximizing the interconnection and efficiency
of such systems and the ability of users to share
information resources.
(2) "Information systems" mean the combination
of data processing hardware and software in the
collection, processing and distribution of data to
and from interactive computer-based systems to
meet informational needs.
(3) "State agency" means each department,
board, council, commission, institution or other
agency of the executive department of the state
government, provided each board, council,
commission, institution or other agency included
by law within any given department shall be deemed
a division of that department. The term "state
agency" shall include (A) the offices of the
Governor, Lieutenant Governor, Treasurer, Attorney
General, Secretary of the State and Comptroller
and (B) all operations of an EXECUTIVE DEPARTMENT
agency which are funded by either the General Fund
or a special fund.
(4) "Telecommunication systems" mean telephone
equipment and transmission facilities, either
alone or in combination with information systems,
for the electronic distribution of all forms of
information, including voice, data and images.
(5) "CHIEF INFORMATION OFFICER" MEANS THE
DEPARTMENT HEAD FOR THE DEPARTMENT OF INFORMATION
TECHNOLOGY.
Sec. 2. Section 16a-110 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) There is established the [Connecticut
State Office] DEPARTMENT of Information [and]
Technology. [which shall be within the Office of
Policy and Management and shall report directly to
the Secretary of the Office of Policy and
Management.] The [office] DEPARTMENT of
Information [and] Technology shall be administered
by [an executive director] A CHIEF INFORMATION
OFFICER, who shall be an individual knowledgeable
with respect to information and telecommunication
systems. The [executive director] CHIEF
INFORMATION OFFICER shall be appointed by the
[Secretary of the Office of Policy and Management
and shall be exempt from the classified service.
The Secretary of the Office of Policy and
Management shall notify the Governor and the
General Assembly of such appointment.] GOVERNOR IN
ACCORDANCE WITH THE PROVISIONS OF SECTIONS 4-5 TO
4-8, INCLUSIVE, WITH THE POWERS AND DUTIES
PRESCRIBED IN SAID SECTIONS 4-5 TO 4-8, INCLUSIVE.
(b) THE DEPARTMENT OF INFORMATION TECHNOLOGY
SHALL CONSTITUTE A SUCCESSOR DEPARTMENT TO THE
OFFICE OF INFORMATION AND TECHNOLOGY, IN
ACCORDANCE WITH THE PROVISIONS OF SECTIONS 4-38d,
4-38e AND 4-39.
[(b)] (c) The [executive director of the
Office of Information and Technology or, in the
case of subdivision (4) or (5) of this subsection,
the Office of Information and Technology,] CHIEF
INFORMATION OFFICER shall: (1) Develop and
implement an integrated set of policies and
architecture pertaining to information and
telecommunication systems for state agencies; (2)
develop a series of comprehensive standards and
planning guidelines pertaining to the development,
acquisition, implementation, and oversight and
management of information and telecommunication
systems for state agencies; (3) identify and
[recommend] IMPLEMENT (A) optimal information and
telecommunication systems to efficiently service
the needs of state agencies and (B) opportunities
for reducing costs for such systems; (4) approve
or disapprove, in accordance with guidelines
established by the [executive director] CHIEF
INFORMATION OFFICER, each proposed state agency
acquisition of hardware or software for an
information or telecommunication system, except
for (A) hardware or software having a cost of less
than twenty thousand dollars or (B) hardware or
software having a cost of twenty thousand dollars
or more, but less than one hundred thousand
dollars, which is for a project that complies with
the agency's business systems plan as approved by
the [executive director] CHIEF INFORMATION
OFFICER; (5) approve or disapprove, in accordance
with guidelines established by the [executive
director] CHIEF INFORMATION OFFICER, all state
agency requests or proposed contracts for
consultants for information and telecommunication
systems; (6) BE RESPONSIBLE FOR PURCHASING,
LEASING AND CONTRACTING FOR ALL INFORMATION SYSTEM
AND TELECOMMUNICATION SYSTEM FACILITIES, EQUIPMENT
AND SERVICES FOR STATE AGENCIES, IN ACCORDANCE
WITH THE PROVISIONS OF SUBSECTION (a) OF SECTION 3
OF THIS ACT, EXCEPT FOR THE OFFICES OF THE
GOVERNOR, LIEUTENANT GOVERNOR, TREASURER, ATTORNEY
GENERAL, SECRETARY OF THE STATE AND COMPTROLLER;
[(6)] (7) review existing and new information and
telecommunication system technologies to ensure
consistency with the strategic plan established
under section 16a-113, AS AMENDED BY SECTION 5 OF
THIS ACT and approved state agency architecture
and make recommendations to the Standardization
Committee established under section 4a-58 for
review and appropriate action; [and (7)] (8)
cooperate with the General Assembly, the Judicial
Department and the [Labor Department] CONSTITUENT
UNITS OF THE STATE SYSTEM OF HIGHER EDUCATION in
assessing opportunities for cost savings and
greater sharing of information resources which
could result if such entities acquire information
and telecommunication systems similar to those of
state agencies; AND (9) ENSURE STATE-WIDE
IMPLEMENTATION OF THE 9-1-1 AND E 9-1-1 SYSTEMS.
[(c)] (d) The [Office] DEPARTMENT of
Information [and] Technology shall approve or
disapprove a state agency request or proposed
contract under subdivision (4) or (5) of
subsection [(b)] (c) of this section no later than
[three] SEVEN business days after receipt of the
request or proposed contract and any necessary
supporting information. If the [Office] DEPARTMENT
of Information [and] Technology does not approve
or disapprove the request or proposed contract by
the end of such [three-day] SEVEN-DAY period, the
request or proposed contract shall be deemed to
have been approved. The provisions of said
subdivision (5) shall not apply to
telecommunication consultants retained by the
Department of Public Utility Control or the Office
of Consumer Counsel in connection with
telecommunication proceedings of said department.
[No provision of section 4a-2, 4a-7, 16a-109,
16a-113 to 16a-120, inclusive, or this section
shall apply to the Employment Security Division of
the Labor Department without the written approval
of the Labor Commissioner.]
Sec. 3. (NEW) (a) The provisions of title 4a
of the general statutes shall apply to the
purchasing, leasing and contracting for
information system and telecommunication system
facilities, equipment and services by the Chief
Information Officer, except that (1) the Chief
Information Officer shall have the powers and
duties that are assigned by said title 4a to the
Commissioner of Administrative Services and (2)
the Chief Information Officer may use competitive
negotiation, as defined in section 4a-50 of the
general statutes, as amended by section 18 of this
act, to purchase or contract for such facilities,
equipment and services after making a written
determination, including the reasons therefor,
that such action is in the best interest of the
state. The Chief Information Officer shall adopt
regulations, in accordance with the provisions of
chapter 54 of the general statutes, establishing
objective standards for determining when such
competitive negotiation may be used instead of
competitive bidding, including whether the
character of the facilities, equipment or services
is more important than their relative cost.
(b) (1) As used in this subsection,
"information technology personal property"
includes, but is not limited to, electronic data
processing equipment, other equipment necessary
for the utilization of information systems,
telecommunication equipment or installations, and
other equipment necessary for the utilization of
telecommunication systems.
(2) Notwithstanding any provision of the
general statutes to the contrary, the Chief
Information Officer may sell, lease or otherwise
dispose of information technology personal
property. The Chief Information Officer may
execute personal service agreements or other
contracts with outside vendors for such purposes.
If any such information technology personal
property was purchased or improved with the
proceeds of tax exempt obligations issued or to be
issued by the state, the Chief Information Officer
shall notify the State Treasurer and obtain the
approval of the State Treasurer, before selling,
leasing or disposing of the personal property or
executing such an agreement or contract for such
purpose. The State Treasurer may disapprove such
sale, lease, disposition, agreement or contract
only if it would affect the tax exempt status of
such obligations and could not be modified to
maintain such tax exempt status.
Sec. 4. (NEW) (a) The Chief Information
Officer shall prepare an implementation plan for
carrying out the purposes of sections 1 to 14,
inclusive, 16 and 17 and 30 to 48, inclusive, of
this act. The plan shall establish (1) policy
goals for the Department of Information Technology
and (2) strategies for the management and delivery
of information system and telecommunication system
services for state agencies.
(b) Not later than January 1, 1998, the Chief
Information Officer shall submit such plan to the
Governor and the joint standing committee of the
General Assembly having cognizance of matters
relating to government administration.
Sec. 5. Section 16a-113 of the general
statutes, as amended by section 43 of public act
97-47, is repealed and the following is
substituted in lieu thereof:
(a) The [executive director of the Office of
Information and Technology] CHIEF INFORMATION
OFFICER shall develop, publish and annually update
an information and telecommunication systems
strategic plan which shall have the following
goals: (1) To provide a level of voice and data
communications service among all state agencies
that will ensure the effective and efficient
completion of their respective functions; (2) to
establish a direction for the collection, storage,
management and use of information by state
agencies in an efficient manner; (3) to develop a
comprehensive information policy for state
agencies that clearly articulates (A) the state's
commitment to the sharing of its information
resources, (B) the relationship of such resources
to library and other information resources in the
state and (C) a philosophy of equal access to
information; (4) to provide all necessary
telecommunication services between state agencies
and the public; (5) to provide, in the event of an
emergency, immediate voice and data communications
capabilities which are necessary to support state
agency functions; AND (6) [to ensure state-wide
implementation of the 911 and E-911 systems; and
(7)] to provide necessary access to higher
technology for state agencies.
(b) In order to facilitate the development of
a fully integrated state-wide information services
and telecommunication system which effectively and
efficiently supports data processing and
telecommunication requirements of all state
agencies, the strategic plan shall include: (1)
Establishment of guidelines and standards for the
architecture for information and telecommunication
systems which support state agencies, (2) plans
for a cost-effective state-wide telecommunication
network to support state agencies, which network
may consist of different types of transmission
media, including wire, fiber and radio, and shall
be able to support voice, data, video and
facsimile transmission requirements and any other
form of information exchange which takes place via
electromagnetic media, (3) a level of information
systems and telecommunication planning for all
state agencies and operations throughout the state
that will ensure the effective and efficient
utilization and access to the state's information
and telecommunication resources, including but not
limited to, (A) an inventory of existing on-line
public access arrangements for state agency data
bases which contain information subject to
disclosure under the Freedom of Information Act,
as defined in section 1-18a, AS AMENDED, (B) a
list of data bases for which such access could be
provided, including data bases containing
consumer, business and health and human services
program information, (C) provisions addressing the
feasibility and cost of providing such access, (D)
provisions for a public-private partnership in
providing such on-line access and (E) provisions
to enable citizens to communicate with state
agencies by electronic mail, (4) identification of
annual expenditures and major capital commitments
for information and telecommunication systems and
(5) a direction and policy planning pertaining to
the infusion of new technology for such systems
for state agencies. In carrying out the provisions
of subparagraphs (A) to (E), inclusive, of
subdivision (3) of this subsection, the [executive
director] CHIEF INFORMATION OFFICER shall consult
with representatives of business associations,
consumer organizations and nonprofit human
services providers.
(c) Each state agency shall submit to the
[executive director of the Office of Information
and Technology] CHIEF INFORMATION OFFICER all
plans, documents and other information requested
by the [executive director] CHIEF INFORMATION
OFFICER for the development of such plan.
(d) The [executive director] CHIEF INFORMATION
OFFICER shall not [approve] IMPLEMENT a state
agency proposal for information system hardware,
software, maintenance service or consulting unless
such proposal complies with the strategic plan and
the agency's approved business systems plan. The
[executive director] CHIEF INFORMATION OFFICER
shall maintain a current inventory of information
system components to facilitate asset management
and procurement leverage.
Sec. 6. Section 16a-114 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The [Secretary of the Office of Policy and
Management] CHIEF INFORMATION OFFICER shall
establish a procedure for the preparation by state
agencies of plans and estimates of expenditure
requirements for information and telecommunication
systems, for consideration for inclusion in the
Governor's budget document. [The procedure shall
require one-half of such agencies to prepare such
plans and estimates of expenditure requirements
with respect to the fiscal year ending June 30,
1993, and each fiscal year thereafter, and the
remaining one-half of such agencies to prepare
such plans and estimates of expenditure
requirements with respect to the fiscal year
ending June 30, 1994, and each fiscal year
thereafter.] On February 1, [1993] 1998, and
annually thereafter, the [executive director of
the Office of Information and Technology] CHIEF
INFORMATION OFFICER shall submit to the Secretary
of the Office of Policy and Management a report
which sets forth the appropriation to each state
agency, for the fiscal year in progress, for
information and telecommunication systems and the
actual expenditures for such systems by each such
agency as of December thirty-first of such fiscal
year. On August 1, [1993] 1997, and annually
thereafter, the [executive director] CHIEF
INFORMATION OFFICER shall submit to the secretary
such report with respect to the last completed
fiscal year.
Sec. 7. Section 16a-115 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The [executive director of the Office of
Information and Technology] CHIEF INFORMATION
OFFICER may establish such committees as he deems
necessary to advise said office in carrying out
the purposes of sections 16a-109, 16a-110 and
16a-113 to 16a-120, inclusive, AS AMENDED BY THIS
ACT.
(b) There is established an information and
telecommunication systems executive steering
committee consisting of THE CHIEF INFORMATION
OFFICER, the Secretary of the Office of Policy and
Management, the Comptroller, the Treasurer, [and]
the Commissioner of Administrative Services AND
THE CHAIRPERSON OF THE BOARD OF TRUSTEES OF EACH
CONSTITUENT UNIT OF THE STATE SYSTEM OF HIGHER
EDUCATION, or their designees. The [Secretary of
the Office of Policy and Management] CHIEF
INFORMATION OFFICER, or his designee, shall serve
as chairman of the committee. The [Office]
DEPARTMENT of Information [and] Technology shall
serve as staff to the committee. The committee
shall (1) review and approve or disapprove the
annual information and telecommunication systems
strategic plan developed under section 16a-113, AS
AMENDED BY SECTION 5 OF THIS ACT, state agency
estimates of expenditure requirements for
information and telecommunication systems
established under section 16a-114, AS AMENDED BY
SECTION 6 OF THIS ACT, and major telecommunication
initiatives, (2) review, in consultation with the
[Office] DEPARTMENT of Information [and]
Technology, and approve or disapprove variances to
(A) the list of approved architectural components
for information and telecommunication systems for
state agencies, (B) the strategic plan and (C)
appropriations for information and
telecommunication systems and (3) advise the
[Office] DEPARTMENT of Information [and]
Technology on the organization and functions of
the [office] DEPARTMENT. The committee shall
submit a report on each approved variance to the
General Assembly. Such report shall include the
reasons for the variance and the results of a
cost-benefit analysis on the variance.
Sec. 8. Section 16a-116 of the general
statutes is repealed and the following is
substituted in lieu thereof:
There is established a Technology Advisory
Committee consisting of: (1) Four persons from the
private sector having training or experience in
information or telecommunication systems and
technologies, one of whom shall be appointed by
the speaker of the House of Representatives, one
by the minority leader of the House of
Representatives, one by the president pro tempore
of the Senate and one by the minority leader of
the Senate; and (2) four state employees with
training or experience in such systems or
technologies, who shall be appointed by the
Governor. The Technology Advisory Committee shall
review reports submitted by the Information and
Telecommunication Systems Executive Steering
Committee or the [executive director of the Office
of Information and Technology] CHIEF INFORMATION
OFFICER to the General Assembly and shall provide
technical expertise and advice to the General
Assembly. The Technology Advisory Committee shall
meet at least every six months.
Sec. 9. Section 16a-117 of the general
statutes is repealed and the following is
substituted in lieu thereof:
On [October 1, 1989, the information systems
planning] THE EFFECTIVE DATE OF THIS ACT, THE
INFORMATION SYSTEMS AND TELECOMMUNICATION SYSTEMS
functions of the Department of Administrative
Services shall be transferred to the [Office]
DEPARTMENT of Information [and] Technology and, on
and after said date, the [executive director of
the Office of Information and Technology] CHIEF
INFORMATION OFFICER shall be responsible for such
[planning] functions.
Sec. 10. Section 16a-118 of the general
statutes is repealed and the following is
substituted in lieu thereof:
[(a) On and before September 30, 1989, the
Comptroller shall provide and maintain necessary
telecommunication service for the several state
agencies.
(b) On and after October 1, 1989, (1) the
Commissioner of Administrative Services]
(a) THE CHIEF INFORMATION OFFICER shall be
responsible for purchasing, leasing and
contracting for all telecommunication facilities,
equipment and services for the state-wide
telecommunication infrastructure for the support
of state agencies; [implement, or assist]
IMPLEMENTING, OR ASSISTING state agencies in
implementing, such facilities; [process]
PROCESSING bills for telecommunication services
used by state agencies including telecommunication
services provided at the request of state agencies
to [(A)] (1) private nonprofit or not-for-profit
agencies whose telecommunication services are
funded primarily by the state, and [(B)] (2)
political subdivisions of the state; and [manage]
MANAGING the operation of such infrastructure. [;
and (2) the executive director of the Office of
Information and Technology]
(b) THE CHIEF INFORMATION OFFICER shall be
responsible for planning for such
TELECOMMUNICATION infrastructure and assisting
state agencies in [(A)] (1) planning for the
acquisition of telecommunication systems and [(B)]
(2) implementing such systems.
[(c) During the twelve-month period beginning
on October 1, 1989, such executive director shall
monitor and provide support to the Commissioner of
Administrative Services to ensure continuity of
telecommunication services for state agencies.]
Sec. 11. Section 16a-119 of the general
statutes is repealed and the following is
substituted in lieu thereof:
[(a) Not later than October 1, 1990, the
executive director of the Office of Information
and Technology shall establish and publish (1) a
list of recommended components for information and
telecommunication systems for state agencies,
based on the architectural guidelines and
standards established in the strategic plan
developed under section 16a-113 and (2) a
procedure for each state agency to follow in
applying for a variance from (A) the list, (B) the
architecture for such systems as set forth in the
strategic plan, or (C) the appropriation to the
agency for information and telecommunication
systems. The executive director, on such date,
shall submit the list and written procedures to
the Information and Telecommunication Systems
Executive Steering Committee, and shall also
submit the list to the Standardization Committee
established under section 4a-58 for adoption of
the recommended components on the list.]
[(b)] (a) Not later than October first,
annually, the Secretary of the Office of Policy
and Management shall submit to the Governor and
the General Assembly (1) the updated strategic
plan established under section 16a-113, AS AMENDED
BY SECTION 5 OF THIS ACT, and (2) a report on the
activities of the [Office] DEPARTMENT of
Information [and] Technology and cost savings and
improvements in the efficiency of information and
telecommunication systems of state agencies, which
are attributable to the efforts of said [office]
DEPARTMENT.
[(c)] (b) Not later than October first,
annually, the [executive director of the Office of
Information and Technology] CHIEF INFORMATION
OFFICER shall submit a report to the Secretary of
the Office of Policy and Management, THE GOVERNOR
and the General Assembly (1) specifying potential
opportunities for increasing the efficiency or
reducing the costs of the state's information and
telecommunication systems and (2) including a plan
to realize such opportunities.
Sec. 12. Section 16a-119a of the general
statutes is repealed and the following is
substituted in lieu thereof:
The [executive director of the Office of
Information and Technology] CHIEF INFORMATION
OFFICER shall, in consultation with the Freedom of
Information Commission, submit a report to the
joint standing committee of the General Assembly
having cognizance of matters relating to
government administration [(1) not later than
January 1, 1992, on their plans for the
implementation of the provisions of subsection (c)
of section 1-19a and (2)] not later than January
1, [1993] 1998, and every six months thereafter,
on the implementation of [said] subsection (c) OF
SECTION 1-19a, AS AMENDED BY SECTION 26 OF THIS
ACT.
Sec. 13. Section 16a-120 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The [executive director of the Office of
Information and Technology] CHIEF INFORMATION
OFFICER may adopt regulations to carry out the
purposes of sections 16a-109, 16a-110 and 16a-113
to 16a-120, inclusive, AS AMENDED BY THIS ACT.
Sec. 14. Section 4-5 of the general statutes
is repealed and the following is substituted in
lieu thereof:
As used in section 4-6, section 4-7 and
section 4-8, the term "department head" means
Secretary of the Office of Policy and Management,
Commissioner of Administrative Services,
Commissioner of Revenue Services, Commissioner of
Banking, Commissioner of Children and Families,
Commissioner of Consumer Protection, Commissioner
of Correction, Commissioner of Economic and
Community Development, State Board of Education,
Commissioner of Environmental Protection,
Commissioner of Agriculture, Commissioner of
Public Health, Insurance Commissioner, Labor
Commissioner, Liquor Control Commission,
Commissioner of Mental Health and Addiction
Services, Commissioner of Public Safety,
Commissioner of Social Services, Commissioner of
Mental Retardation, Commissioner of Motor
Vehicles, Commissioner of Transportation,
Commissioner of Public Works, Commissioner of
Veterans' Affairs, Commissioner of Health Care
Access, CHIEF INFORMATION OFFICER, and the
chairperson of the Public Utilities Control
Authority.
Sec. 15. Section 4a-2 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) The Commissioner of Administrative
Services shall have the following general duties
and responsibilities:
(1) The establishment of personnel policy and
responsibility for the personnel administration of
state employees;
(2) The purchase and provision of supplies,
materials, equipment and contractual services, as
defined in section 4a-50, AS AMENDED BY SECTION 18
OF THIS ACT;
(3) The publishing, printing or purchasing of
laws, stationery, forms and reports; AND
[(4) The control and direction of electronic
data processing and telecommunication equipment
and installations, subject to the provisions of
sections 16a-109, 16a-110 and 16a-113 to 16a-120,
inclusive; and]
[(5)] (4) The collection of sums due the state
for public assistance.
(b) Subject to the provisions of chapter 67,
the Commissioner of Administrative Services may
appoint such employees as are necessary for
carrying out the duties prescribed to said
commissioner by the general statutes.
Sec. 16. Section 4a-7 of the general statutes
is repealed and the following is substituted in
lieu thereof:
[The Commissioner of Administrative Services
may delegate specified data processing acquisition
authority annually to budgeted agencies or state
officials when it is in the best interest of the
state.] There shall be a Technical Services
Revolving Fund in the [Department of
Administrative Services] DEPARTMENT OF INFORMATION
TECHNOLOGY for the purchase, installation and
utilization of information systems, as defined in
section 16a-109, AS AMENDED BY SECTION 1 OF THIS
ACT, for budgeted agencies of the state. The
working capital balance allocated to said
Technical Services Revolving Fund shall be one
million one hundred thousand dollars. The
[Commissioner of Administrative Services] CHIEF
INFORMATION OFFICER, and the Secretary of the
Office of Policy and Management shall jointly be
responsible for the administration of such fund.
Said [commissioner] OFFICER and secretary shall
develop appropriate review procedures and
accountability standards for such fund and
measures for determining the performance of the
fund in carrying out the purposes of chapter 298b.
Sec. 17. Subsection (a) of section 4a-8 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(a) The [Commissioner of Administrative
Services] CHIEF INFORMATION OFFICER, is authorized
to establish and administer a fund to be known as
the Capital Equipment Data Processing Revolving
Fund which shall be used for the purchase of data
processing equipment and related items necessary
to maintain or improve the state's data processing
functions. The [commissioner] CHIEF INFORMATION
OFFICER is authorized to expend funds necessary
for all reasonable direct expenses relating to the
administration of said fund.
Sec. 18. Section 4a-50 of the general statutes
is repealed and the following is substituted in
lieu thereof:
When used in this chapter, unless the context
indicates a different meaning, "state agency"
includes any officer, department, board, council,
commission, institution or other agency of the
executive department of the state government;
"supplies", "materials" and "equipment" mean any
and all articles of personal property furnished to
or used by any state agency, including all
printing, binding, publication of laws,
stationery, forms, AND reports; [, electronic data
processing equipment and telecommunications
equipment;] "contractual services" means any and
all laundry and cleaning service, pest control
service, janitorial service, security service, the
rental and repair, or maintenance, of equipment,
machinery and other state-owned personal property,
advertising and photostating, mimeographing, [data
entry, data processing, telecommunications] and
other service arrangements where the services are
provided by persons other than state employees;
"competitive bidding" means the submission of
prices by persons, firms or corporations competing
for a contract to provide supplies, materials,
equipment or contractual services, under a
procedure in which the contracting authority does
not negotiate prices; "competitive negotiation"
means a procedure for contracting for supplies,
materials, equipment or contractual services, in
which (1) proposals are solicited from qualified
suppliers by a request for proposals and (2)
changes may be negotiated in proposals and prices
after being submitted; "bidder" means a person,
firm or corporation submitting a competitive bid
in response to a solicitation; and "proposer"
means a person, firm or corporation submitting a
proposal in response to a request for proposals.
Sec. 19. Section 4a-51 of the general statutes
is repealed and the following is substituted in
lieu thereof:
The Commissioner of Administrative Services
shall: (1) Purchase, lease or contract for all
supplies, materials, equipment and contractual
services required by any state agency, except as
provided in sections 4-98 and 4a-57, AS AMENDED BY
THIS ACT; [, and provided all purchases, leases
and contracts for electronic data processing and
telecommunication equipment and services shall be
made in consultation with the executive director
of the Office of Information and Technology;] (2)
enforce standard specifications established in
accordance with section 4a-56; (3) establish store
rooms and warehouses for the storage of the
state's property in such locations as may best
serve the requirements of the state agencies; (4)
operate such trucks and garages as are necessary
to deliver supplies, materials and equipment from
such central store rooms and warehouses to any
state agency; (5) establish and operate a central
duplicating and mailing room for state agencies
located in the city of Hartford and such other
places as he deems practical, provided the State
Library photostat and offset printing department
and the duplicating facilities of the Department
of Public Health shall remain as constituted; and
(6) establish and operate or have supervisory
control over central or regional bakeries, meat
cutting establishments, laundries and other
central supply services in such locations as may
best serve the requirements of the state agencies.
Sec. 20. Subsection (c) of section 4a-57 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) The commissioner may, at his discretion,
waive the requirement of competitive bidding in
the case of minor nonrecurring and emergency
purchases of one thousand dollars or less in
amount. The commissioner may use competitive
negotiation to purchase or contract for [data
processing equipment, programs or services or]
advertising space or time after making a written
determination, including the reasons therefor,
that such action is in the best interest of the
state. The commissioner shall adopt regulations,
in accordance with the provisions of chapter 54,
establishing (1) objective standards for
determining when such competitive negotiation may
be used instead of competitive bidding, including
whether the character of such [data processing
equipment, programs or services or] advertising
space or time is more important than their
relative cost, (2) procedures to be followed in
making purchases, contracts or sales not subject
to the competitive bid requirements of this
section, including but not limited to, criteria
which shall be considered in making purchases by
competitive negotiation and the weight which shall
be assigned to each such criterion and (3)
standards and procedures under which additional
purchases may be made on a limited basis under
existing contracts.
Sec. 21. Subsection (a) of section 10-4e of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The State Board of Education and the Board
of Governors of Higher Education, with the advice
and assistance of the State Library Board, the New
England Cable Television Association, the
Connecticut Broadcasters Association, the Southern
New England Telecommunications Corporation and
Connecticut Public Broadcasting, shall form a
joint committee to assist both agencies to
coordinate effectively and utilize efficiently
educational technology for Connecticut students.
The committee shall consist of at least the
following: The Commissioner of Economic and
Community Development, or his designee, the
chairperson of the Public Utility Control
Authority, or his designee, a representative of
the [Office] DEPARTMENT of Information [and]
Technology designated by the [Secretary of the
Office of Policy and Management] CHIEF INFORMATION
OFFICER, one member appointed by the Connecticut
Association of Boards of Education, one member
appointed by the Connecticut Association of Public
School Superintendents, one member who shall be a
classroom teacher appointed by the Connecticut
Education Association, one member who shall be a
classroom teacher appointed by the Connecticut
State Federation of Teachers, one member who shall
be an educational media specialist appointed by
the Connecticut Educational Media Association, one
member appointed by the Connecticut Educators
Computer Association, one member appointed by the
Connecticut Association of Independent Schools,
one member appointed by the Connecticut Library
Association, one member appointed by each of the
boards of trustees of the constituent units of the
state system of higher education, one member
appointed by the Connecticut Conference of
Independent Colleges, and seven members with
experience or expertise in educational technology
of whom the Governor, the president pro tempore of
the Senate, the speaker of the House of
Representatives, the majority and minority leaders
of the Senate and the majority and minority
leaders of the House of Representatives shall each
appoint one.
Sec. 22. Subsection (a) of section 10a-151b of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Notwithstanding the provisions of chapter
58, and sections 4-98, 4a-4, 4a-5, 4a-6, 16a-110,
AS AMENDED BY SECTION 2 OF THIS ACT, and 16a-118,
AS AMENDED BY SECTION 10 OF THIS ACT, to the
contrary, a chief executive officer may purchase
equipment, supplies and contractual services,
execute personal service agreements as defined in
section 4-212, or lease personal property
compatible, where relevant, with standards for
computer architecture established by the [Office]
DEPARTMENT of Information [and] Technology,
without the approval of the Comptroller, the
Commissioner of Administrative Services or the
[executive director of the Office of Information
and Technology provided] CHIEF INFORMATION
OFFICER, PROVIDED THE CHIEF EXECUTIVE OFFICER
CONSULTS WITH THE CHIEF INFORMATION OFFICER AND
such purchases are made in accordance with this
section and in accordance with policies which are
(1) adopted by the board of trustees of the
constituent unit after reasonable opportunity for
interested persons to present their views, and (2)
subject to section 4-175. For purposes of this
section, "chief executive officer" means the chief
executive officer of a constituent unit of the
state system of higher education or the chief
executive officer of an institution within the
jurisdiction of such a constituent unit. The
provisions of sections 4-210 and 4-212 to 4-219,
inclusive, and section 9 of public act 93-336*
shall not apply to personal service agreements
executed pursuant to this section.
Sec. 23. Subsection (a) of section 19a-110 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Each institution licensed under the
provisions of sections 19a-490 to 19a-503,
inclusive, and each private clinical laboratory
registered under section 19a-30 shall, within
forty-eight hours of receipt of knowledge thereof,
report to the Commissioner of Public Health, and
to the director of health of the town, city or
borough in which the person resides, the name,
address and date of birth of, and such other
relevant information as said commissioner may
require concerning each person found to have a
level of lead in the blood equal to or greater
than ten micrograms per deciliter of blood or any
other abnormal body burden of lead. Any
institution or laboratory making such a report in
good faith shall be immune from any civil or
criminal liability that otherwise might be
incurred from the making of such report. The
commissioner, after consultation with the
[executive director of the Office of Information
and Technology] CHIEF INFORMATION OFFICER, shall
determine the method of transmission of data
contained in said report.
Sec. 24. (NEW) (a) As used in this section,
"century date change effect" means the management,
manipulation, processing, comparing, sequencing
and other use of date data, including single and
multi-century formulae and leap years, by
hardware, software or firmware, which (1) may
cause or in any way affect abnormal ending dates
or generate incorrect or invalid values involving
such dates or (2) is intended to produce, reflect
or otherwise reference accurate date-related data
interface functionality, including the indication
of century.
(b) The Chief Information Officer shall
prepare a plan for managing the century date
change as it will affect the various information
systems of the state. Each state agency shall
perform an assessment of the condition of its
system, including computer hardware, firmware,
operating systems and all software applications,
to determine the extent of modifications, repairs
or replacements required. Each state agency shall
submit such assessment to the Chief Information
Officer not later than October 1, 1997. The Chief
Information Officer shall prioritize a list of
projects to complete modifications, repairs or
system or application replacements. The Chief
Information Officer shall establish a
certification process to assure that the century
date change has been adequately managed for
critical state information systems.
(c) The Chief Information Officer may contract
on behalf of any state agency, institution,
office, department, commission, council or
instrumentality or any municipality, to ensure
that any software program used by such entity
successfully manages the century date change
effect on computers, operating systems and all
software applications. The Chief Information
Officer may only enter into such a contract upon
request of the entity and certification by the
entity, to the satisfaction of the Chief
Information Officer, that the entity has an
immediate century date change effect which needs
to be managed in order to avoid adversely
affecting critical functions.
Sec. 25. Subsection (b) of section 1-15 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(b) The fee for any copy provided in
accordance with subsection (a) of section 1-19a
shall not exceed the cost thereof to the public
agency. In determining such costs for a copy,
other than for a printout which exists at the time
that the agency responds to the request for such
copy, an agency may include only: (1) An amount
equal to the hourly salary attributed to all
agency employees engaged in providing the
requested computer-stored public record, including
their time performing the formatting or
programming functions necessary to provide the
copy as requested, but not including search or
retrieval costs except as provided in subdivision
(4) of this subsection; (2) an amount equal to the
cost to the agency of engaging an outside
professional electronic copying service to provide
such copying services, if such service is
necessary to provide the copying as requested; (3)
the actual cost of the storage devices or media
provided to the person making the request in
complying with such request; and (4) the computer
time charges incurred by the agency in providing
the requested computer-stored public record where
another agency or contractor provides the agency
with computer storage and retrieval services.
Notwithstanding any other provision of this
section, the fee for any copy of the names of
registered voters shall not exceed three cents per
name delivered or the cost thereof to the public
agency, as determined pursuant to this subsection,
whichever is less. The [Office of Information and
Technology] DEPARTMENT OF INFORMATION TECHNOLOGY
shall monitor the calculation of the fees charged
for copies of computer-stored public records to
ensure that such fees are reasonable and
consistent among agencies.
Sec. 26. Subsection (c) of section 1-19a of
the general statutes, as amended by section 5 of
public act 97-47, is repealed and the following is
substituted in lieu thereof:
(c) On and after July 1, 1992, before any
public agency acquires any computer system,
equipment or software to store or retrieve
nonexempt public records, it shall consider
whether such proposed system, equipment or
software adequately provides for the rights of the
public under the Freedom of Information Act at the
least cost possible to the agency and to persons
entitled to access to nonexempt public records
under the Freedom of Information Act. In meeting
its obligations under this subsection, each state
public agency shall consult with the [Office of
Information and Technology] DEPARTMENT OF
INFORMATION TECHNOLOGY as part of the agency's
design analysis prior to acquiring any such
computer system, equipment or software. The
[Office of Information and Technology] DEPARTMENT
OF INFORMATION TECHNOLOGY shall adopt written
guidelines to assist municipal agencies in
carrying out the purposes of this subsection.
Nothing in this subsection shall require an agency
to consult with said [office] DEPARTMENT prior to
acquiring a system, equipment or software or
modifying software, if such acquisition or
modification is consistent with a design analysis
for which such agency has previously consulted
with said [office] DEPARTMENT. The [Office of
Information and Technology] DEPARTMENT OF
INFORMATION TECHNOLOGY shall consult with the
Freedom of Information Commission on matters
relating to access to and disclosure of public
records for the purposes of this subsection. The
provisions of this subsection shall not apply to
software modifications which would not affect the
rights of the public under the Freedom of
Information Act.
Sec. 27. Subsection (e) of section 1-21j of
the general statutes is repealed and the following
is substituted in lieu thereof:
(e) The Freedom of Information Commission, and
the [Office of Information and Technology]
DEPARTMENT OF INFORMATION TECHNOLOGY with respect
to access to and disclosure of computer-stored
public records, shall conduct training sessions,
at least annually, for members of public agencies
for the purpose of educating such members as to
the requirements of sections 1-7 to 1-19b,
inclusive, and 1-21 to 1-21k, inclusive, AS
AMENDED BY THIS ACT.
Sec. 28. Subsection (b) of section 32-6i of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) The committee shall establish policy and
guidelines for the development and operation of an
economic information system. Such policy and
guidelines shall include provisions for the
following: (1) Coordination with existing state
databases and information systems; (2) improvement
of access to and dissemination of economic data
and information; (3) review of data sources for
determination of inclusion in the system; (4)
expansion of the scope of state data and research
concerning the state economy; (5) establishment of
linkages with other public and private information
sources to improve the capacity of the Connecticut
economic information system; (6) user surveys to
determine levels of satisfaction with and use of
the system, including, but not limited to, surveys
of system content, support and training; (7)
workshops for training on system use and forums
for discussions on innovative research projects
based on the system; (8) exploration and
evaluation, in conjunction with the [Office of
Information and Technology] DEPARTMENT OF
INFORMATION TECHNOLOGY, of technical advances to
improve the operation and usage of the system and
(9) procedures to maintain the confidentiality of
data pursuant to state law.
Sec. 29. (NEW) The Chief Information Officer
shall, within available appropriations, provide
for the professional development of the state's
information technology employees.
Sec. 30. (NEW) As used in this section and
sections 31 to 44, inclusive, of this act:
(1) "Contract" means a contract for state
agency information system or telecommunication
system facilities, equipment or services, which is
awarded pursuant to sections 1 to 14, inclusive,
16, 17, or 21 to 48, inclusive, of this act.
(2) "Contractor" means a business entity or
individual who is awarded a contract or an
amendment to a contract.
(3) "Subcontractor" means a subcontractor of a
contractor for work under a contract or an
amendment to a contract.
Sec. 31. (NEW) Each contract, subcontract or
amendment to a contract or subcontract shall
include any specifications established by the
State Comptroller to ensure that all policies,
procedures, processes and control systems,
including hardware, software and protocols, which
are established or provided by the contractor or
subcontractor, shall be compatible with and
support the state's core financial systems,
including but not limited to, accounting, payroll,
time and attendance, and retirement systems.
Sec. 32. (NEW) (a) No contractor shall award a
subcontract for work under a contract or for work
under an amendment to a contract without the
approval of the Chief Information Officer or his
designee of (1) the selection of the subcontractor
and (2) the provisions of the subcontract.
(b) Each such contractor shall file a copy of
each executed subcontract or amendment to the
subcontract with the Chief Information Officer,
who shall maintain the subcontract or amendment as
a public record, as defined in section 1-18a of
the general statutes, as amended.
Sec. 33. (NEW) For purposes of this section
and sections 34 to 39, inclusive, of this act,
"public record" means a public record, as defined
in section 1-18a of the general statutes, as
amended, and also includes any recorded data or
information relating to the conduct of the
public's business prepared, owned, used, received
or retained by a contractor or subcontractor for
work under a contract, subcontract or amendment to
a contract or subcontract, whether such data or
information be handwritten, typed, tape-recorded,
printed, photostated, photographed or recorded by
any other method.
Sec. 34. (NEW) (a) No contractor or
subcontractor, or employee or agent of a
contractor or subcontractor, shall have any
ownership rights or interest in (1) any public
records which the contractor, subcontractor,
employee or agent possesses, modifies or creates
pursuant to a contract, subcontract or amendment
to a contract or subcontract, or (2) any
modifications by such contractor, subcontractor,
employee or agent to such public records.
(b) No contractor or subcontractor, or
employee or agent of a contractor or
subcontractor, shall impair the integrity of any
public records which the contractor,
subcontractor, employee or agent possesses or
creates.
(c) Public records which a contractor,
subcontractor, or employee or agent of a
contractor or subcontractor, possesses, modifies
or creates pursuant to a contract, subcontract or
amendment to a contract or subcontract shall at
all times and for all purposes remain the property
of the state.
Sec. 35. (NEW) (a) Any public record which a
state agency provides to a contractor or
subcontractor shall remain a public record for the
purposes of subsection (a) of section 1-19 of the
general statutes.
(b) With regard to any public record, the
state agency and the contractor or subcontractor
shall have a joint and several obligation to
comply with the obligations of the state agency
under the Freedom of Information Act, as defined
in section 1-18a of the general statutes, as
amended, provided the determination of whether or
not to disclose a particular record or type of
record shall be made by such state agency.
Sec. 36. (NEW) No contractor or subcontractor,
or employee or agent of a contractor or
subcontractor, shall disclose to the public any
public records (1) which it possesses, modifies or
creates pursuant to a contract, subcontract or
amendment to a contract or subcontract and (2)
which the state agency (A) is prohibited from
disclosing pursuant to state or federal law in all
cases, (B) may disclose pursuant to state or
federal law only to certain entities or
individuals or under certain conditions or (C) may
withhold from disclosure pursuant to state or
federal law. No provision of this subsection shall
be construed to prohibit any such contractor from
disclosing such public records to any of its
subcontractors to carry out the purposes of its
subcontract.
Sec. 37. (NEW) No contractor or subcontractor,
or employee or agent of a contractor or
subcontractor, shall sell, market or otherwise
profit from the disclosure or use of any public
records which are in its possession pursuant to a
contract, subcontract or amendment to a contract
or subcontract, except as authorized in the
contract, subcontract or amendment.
Sec. 38. (NEW) Any contractor or
subcontractor, or employee or agent of a
contractor or subcontractor, which learns of any
violation of the provisions of section 36 or 37 of
this act shall, no later than seven calendar days
after learning of such violation, notify the Chief
Information Officer of such violation.
Sec. 39. (NEW) (a) If any person violates any
provision of section 36, 37 or 38 of this act, the
Attorney General may bring an action against such
person in the superior court for the judicial
district of Hartford-New Britain seeking (1)
damages on behalf of the state for such violation,
(2) restitution for damages suffered by any person
as a result of the violation or (3) imposition and
recovery of a civil penalty of not more than fifty
thousand dollars for the violation.
(b) In addition to the remedies under
subsection (a) of this section, any person
aggrieved by a violation of any provision of
section 36, 37 or 38 of this act may bring an
action in superior court to recover any damages
suffered as a result of such violation.
(c) In any action brought under subsection (a)
or (b) of this section, the court may (1) order
disgorgement of any profits or other benefits
derived as a result of a violation of any
provision of section 36, 37 or 38, (2) award
punitive damages, costs or reasonable attorneys
fees, or (3) order injunctive or other equitable
relief. Proof of public interest or public injury
shall not be required in any action brought under
subsection (a) or (b) of this section. No action
may be brought under subsection (a) or (b) of this
section more than three years after the occurrence
of such violation.
(d) Any person who knowingly and wilfully
violates any provision of section 36, 37 or 38 of
this act shall, for each such violation, be fined
not more than five thousand dollars or imprisoned
not less than one year nor more than five years,
or be both fined and imprisoned.
Sec. 40. (NEW) Each contract, subcontract or
amendment to a contract or subcontract shall
include provisions ensuring that the Joint
Committee on Legislative Management and each
nonpartisan office of the General Assembly shall
continue to have access to state agency records
that is not less than the access that said
committee and such offices have on the effective
date of this act.
Sec. 41. (NEW) The Joint Committee on
Legislative Management and the Chief Information
Officer may, by inter-agency agreement, provide
for the General Assembly (1) to receive
information system and telecommunication system
facilities, equipment and services pursuant to
contracts, subcontracts or amendments to contracts
or subcontracts and (2) to inter-connect with
state agency information systems and
telecommunication systems.
Sec. 42. (NEW) The Chief Court Administrator
and the Chief Information Officer may, by
interagency agreement, provide for the Judicial
Department (1) to receive information system and
telecommunication system facilities, equipment and
services pursuant to contracts, subcontracts or
amendments to contracts or subcontracts and (2) to
interconnect with state agency information systems
and telecommunication systems.
Sec. 43. (NEW) The Office of the Governor,
Lieutenant Governor, Treasurer, Attorney General,
Secretary of the State or Comptroller and the
Chief Information Officer may, by interagency
agreement, provide for such office (1) to receive
information system and telecommunication system
facilities, equipment and services pursuant to
contracts, subcontracts or amendments to contracts
or subcontracts and (2) to interconnect with other
state agency information systems and
telecommunication systems.
Sec. 44. (NEW) Each contract, subcontract or
amendment to a contract or contract shall include
provisions ensuring continuity of state agency
information system and telecommunication system
facilities, equipment and services, in the event
that work under such contract, subcontract or
amendment is transferred back to the state or
transferred to a different contractor, upon the
expiration or termination of the contract,
amendment or subcontract or upon the default of
the contractor or subcontractor. Such provisions
shall include, but not be limited to, (1)
procedures for the orderly transfer to the state
of (A) such facilities and equipment, (B) all
software created or modified pursuant to the
contract, amendment or subcontract and (C) all
public records, as defined in section 33 of this
act, which the contractor or subcontractor
possesses or creates pursuant to such contract,
amendment or subcontract and (2) procedures for
granting former state employees who were hired by
such contractor or subcontractor the opportunity
for reemployment with the state.
Sec. 45. Section 83 of special act 97-21, as
amended by section 2 of public act 97-322, is
repealed and the following is substituted in lieu
thereof:
(a) [From July 1, 1997, to June 30, 1999,
inclusive, no] NO contracts or amendments to
contracts for information system or
telecommunication system facilities, equipment or
services, WHICH ARE entered into BY ANY STATE
AGENCY (1) pursuant to the request for proposal
issued by the Department of Administrative
Services dated February 21, 1997, [executed by any
state agency] OR (2) IN THE EVENT SUCH REQUEST FOR
PROPOSAL IS WITHDRAWN, SUSPENDED OR SUPERSEDED,
PURSUANT TO ANY SIMILAR REQUEST FOR PROPOSAL
ISSUED BY THE DEPARTMENT OF ADMINISTRATIVE
SERVICES OR THE DEPARTMENT OF INFORMATION
TECHNOLOGY, shall be effective except as provided
in this section and sections 84 and 85 of special
act 97-21, as amended BY THIS ACT.
(b) Upon the execution of any SUCH contract or
amendment, [which exceeds such aggregate amount,]
and upon the execution of any subsequent contract
or amendment, the state agency shall promptly file
the contract or amendment with the State Auditors.
(c) Not later than seventy-five days after any
such contract or amendment is filed with the State
Auditors, such auditors (1) shall conduct an
independent evaluation of the contract or
amendment to determine whether the [the]
provisions of the contract or amendment serve the
best interests of the state, including, but not
limited to, (A) efficiency, (B) economy, (C)
contractor qualifications, including, but not
limited to, capacity for performance and
accountability, and (D) effective delivery of
services, and (2) shall submit a report on their
findings and conclusions, and the contract or
amendment, to the General Assembly, through the
clerks of the House of Representatives and the
Senate. The State Auditors may, AT ANY TIME BEFORE
OR AFTER RECEIPT OF ANY SUCH CONTRACT OR
AMENDMENT, execute contracts with independent
consultants for assistance in conducting such
evaluation and preparing such report.
(d) Upon receipt of a report and a contract or
amendment from the State Auditors under subsection
(c) of this section, the speaker of the House of
Representatives and the president pro tempore of
the Senate shall refer the report and contract or
amendment to the joint standing committees of the
General Assembly having cognizance of matters
relating to appropriations and the budgets of
state agencies and government administration, for
their review. Such contract or amendment shall
take effect forty-five days after the State
Auditors submit the report and contract or
amendment to the General Assembly unless the
General Assembly rejects such contract or
amendment as a whole by a three-fifths vote of
either house.
Sec. 46. Section 84 of special act 97-21 is
repealed and the following is substituted in lieu
thereof:
(a) [From July 1, 1997, to June 30, 1999,
inclusive, no] NO business entity or individual
shall be awarded a contract or amendment to a
contract which is subject to the provisions of
section 83 of [this act] SPECIAL ACT 97-21, AS
AMENDED BY SECTION 2 OF PUBLIC ACT 97-322 AND THIS
ACT, if the business entity or individual directly
or indirectly participates in any of the following
activities on behalf of the state concerning such
contract OR AMENDMENT or any other contract OR
AMENDMENT TO A CONTRACT for state agency
information system or telecommunication system
facilities, equipment or services: Preparation of
the request for information or request for
proposals, development of bid specifications or
proposal requirements, evaluation of bids or
proposals, or negotiations with potential
contractors.
(b) No business entity or individual who is
awarded any such contract OR AMENDMENT may award a
subcontract for any work under such contract OR
AMENDMENT to any business entity or individual who
has participated in any of such activities listed
in subsection (a) of this section.
Sec. 47. Section 85 of special act 97-21 is
repealed and the following is substituted in lieu
thereof:
[From July 1, 1997, to June 30, 1999,
inclusive, with] WITH respect to any state
employee whose position is eliminated or who is
laid off as a result of any contract or amendment
to a contract which is subject to the provisions
of section [84] 83 of [this act] SPECIAL ACT
97-21, AS AMENDED BY SECTION 2 OF PUBLIC ACT
97-322 AND THIS ACT, OR ANY SUBCONTRACT FOR WORK
UNDER SUCH CONTRACT OR AMENDMENT, (1) the
contractor shall hire the employee, upon
application by the employee, UNLESS THE EMPLOYEE
IS HIRED BY A SUBCONTRACTOR OF THE CONTRACTOR, or
(2) the employee may transfer to any vacant
position in state service for which he is
qualified, to the extent allowed under the
provisions of existing collectively bargained
agreements and the general statutes. If the
contractor OR ANY SUCH SUBCONTRACTOR hires any
such state employee and does not provide the
employee with fringe benefits which are equivalent
to, or greater than, the fringe benefits that the
employee would have received in state service, the
state shall, for two years after the employee
terminates from state service, provide to the
employee either (A) the same benefits that he
received from the state or (B) compensation in an
amount which represents the difference in the
value of the fringe benefits that he received when
in state service and the fringe benefits that he
receives from the contractor OR SUBCONTRACTOR.
Sec. 48. (NEW) No contract or subcontract for
state agency information system or
telecommunication system facilities, equipment or
services may be awarded to any business entity or
individual pursuant to sections 1 to 14,
inclusive, 16, 17 or 21 to 48, inclusive, of this
act if such business entity or individual
previously had a contract with the state or a
state agency to provide information system or
telecommunication system facilities, equipment or
services and such prior contract was finally
terminated by the state or a state agency within
the previous five years for the reason that such
business entity or individual failed to perform or
otherwise breached a material obligation of the
contract related to information system or
telecommunication system facilities, equipment or
services. If the termination of any such previous
contract is contested in an arbitration or
judicial proceeding, the termination shall not be
final until the conclusion of such arbitration or
judicial proceeding. If the factfinder determines,
or a settlement stipulates, that the contractor
failed to perform or otherwise breached a material
obligation of the contract related to information
system or telecommunication system facilities,
equipment or services, any award of a contract
pursuant to said sections during the pendency of
such arbitration or proceeding shall be rescinded
and the bar provided in this section shall apply
to such business entity or individual.
Sec. 49. Section 16a-119b of the general
statutes and section 82 of special act 97-21 are
repealed.
Sec. 50. This act shall take effect July 1,
1997.
Approved July 1, 1997