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statutes  is  repealed   and   the   following  is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statutes  is  repealed   and   the   following  is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