Substitute House Bill No. 5041
Substitute House Bill No. 5041
PUBLIC ACT NO. 98-42
AN ACT CONCERNING INVENTORIES OF STATE PROPERTY
AND ACTIVITY AND WELFARE FUNDS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 4-36 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Each state [department and state institution]
AGENCY shall establish and keep an inventory
account in the form prescribed by the Comptroller,
and shall, annually, on or before August first,
transmit to [him] HER a detailed inventory, as of
June thirtieth, of all [property, real or
personal,] OF THE FOLLOWING PROPERTY owned by the
state and in the custody of such [department or
institution] AGENCY: (1) REAL PROPERTY, (2)
PERSONAL PROPERTY HAVING A VALUE OF ONE THOUSAND
DOLLARS OR MORE AND (3) PERSONAL PROPERTY HAVING A
VALUE OF LESS THAN ONE THOUSAND DOLLARS AND
DEFINED AS "CONTROLLABLE PROPERTY" IN THE PROPERTY
CONTROL MANUAL PUBLISHED BY THE COMPTROLLER.
Sec. 2. Section 4-52 of the general statutes
is repealed and the following is substituted in
lieu thereof:
As used in sections 4-53 to 4-55, inclusive,
AS AMENDED BY SECTIONS 3, 4 AND 5 OF THIS ACT,
"activity fund" means any fund operated in any
state educational [,] INSTITUTION OR welfare or
medical [institution] AGENCY for the benefit of
the employees or students of such [institutions]
INSTITUTION OR AGENCY, including so-called
[patients'] CLIENTS' funds in state hospitals, the
revenue of which is derived from the operation of
canteens, vending machines, dramatics, recitals,
student activity fees, membership fees, deposits
or any other legal source compatible with the good
government of such [institutions] INSTITUTION OR
AGENCY.
Sec. 3. Section 4-53 of the general statutes
is repealed and the following is substituted in
lieu thereof:
The administrative head of any such
institution OR AGENCY may, with the approval of
the Comptroller and in accordance with procedures
prescribed by the Comptroller, establish one or
more activity funds. The Governor may allot from
the funds appropriated to any such institution OR
AGENCY any amount needed in his judgment for the
establishment of any such activity fund, and the
Comptroller shall provide in such procedures for
the reimbursement of such appropriation. The use
of such state facilities as space, fixtures, heat
and light to obtain revenue from the sources
designated in section 4-52, AS AMENDED BY SECTION
2 OF THIS ACT, is authorized. At the end of each
fiscal year any cash balance in such fund not
needed for the maintenance and continuance of its
activities may, with the approval of the
Comptroller, be transferred to the ["institutional
general welfare fund"] "GENERAL WELFARE FUND" of
such institution OR AGENCY if such a fund has been
established and, if not, shall remain in such
activity fund.
Sec. 4. Section 4-54 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) The management of such funds may be under
the control of students or employees other than
those adjudged mentally ill but shall be under the
supervision of the administrative head of the
institution OR AGENCY, except that such funds
shall be under the total control of students under
conditions hereinafter provided. The person acting
as treasurer of any such fund shall be bonded in
an amount determined by the State Insurance
Purchasing Board.
(b) Where the duly constituted student
government at any public institution of higher
education or where by petition five per cent of
the students enrolled at such institution and
paying activity fees seeks to establish total
control and administration of the student activity
fund at such institution, a referendum shall be
held on the question. Said referendum shall be
conducted by secret ballot and notice of said
referendum shall be given to the students at such
institution at least fourteen days prior to said
referendum. Upon approval by a majority of at
least forty per cent of all students enrolled in
the institution and paying activity fees, the duly
constituted student government of such institution
shall become responsible for the control and
administration of said fund. Pursuant to this
subsection any student government controlling
student activity funds shall establish a finance
committee whose duty it shall be to hold hearings
on budget requests and expenditures of said funds
and to recommend the allocation of said funds to
the student government. Such student government
shall have as one of its officers a duly elected
treasurer who shall be accountable for such funds
and be bonded in accordance with the provisions of
subsection (a) of this section.
(c) A referendum on whether to continue
student control of said fund shall be held upon
the petition by five per cent of the students
enrolled at such institution and paying activity
fees. Such referendum shall be held in accordance
with the provisions of subsection (b) of this
section. Where a majority of those voting in such
referendum disapprove of the continuation of
student control over such funds, supervision of
such funds shall be vested in the administrative
head of the institution in accordance with
subsection (a) of this section.
(d) Notwithstanding any provisions of this
section, a referendum on whether to continue
student control of said fund shall be held at
least every four years in accordance with the
provisions of subsection (b) of this section. Such
referendum shall require approval by a majority of
at least forty per cent of all students enrolled
in the institution and paying activity fees.
Sec. 5. Section 4-55 of the general statutes
is repealed and the following is substituted in
lieu thereof:
The administrative head of any institution OR
AGENCY operating an activity fund, the
Commissioner of Correction operating an activity
fund in accordance with the provisions of section
4-57a or the treasurer of a student government
organization at a public institution of higher
education in control of an activity fund, in
accordance with the provisions of subsection (b)
of section 4-54, AS AMENDED BY SECTION 4 OF THIS
ACT, shall file, or cause to be filed, a balance
sheet and statement of operations with the
Secretary of the Office of Policy and Management
at such times as said secretary orders. A copy of
such statements shall be [filed with the Auditors
of Public Accounts, who shall determine the
frequency with which the accounts of such activity
funds shall be audited] RETAINED FOR AUDITING
PURPOSES.
Sec. 6. Section 4-56 of the general statutes
is repealed and the following is substituted in
lieu thereof:
Unless otherwise provided by the donor, all
gifts, donations or bequests made to the students
or [patients] CLIENTS of any state educational [,]
INSTITUTION OR medical or welfare [institution]
AGENCY as a group, unclaimed funds accumulated
from money deposited for the use of students or
[patients] CLIENTS in any such state institution
OR AGENCY, and the interest on any such money,
shall be placed in a separate fund at such
institution OR AGENCY which may be known as the
["institutional general welfare fund"] "GENERAL
WELFARE FUND" and shall be used in accordance with
procedures prescribed by the Comptroller, for the
benefit of the students or [patients] CLIENTS of
such institution OR AGENCY in any manner which the
governing board of such institution OR AGENCY
deems suitable.
Sec. 7. Section 4-57 of the general statutes
is repealed and the following is substituted in
lieu thereof:
The administrative head of any institution OR
AGENCY operating such a fund or the Commissioner
of Correction operating a general welfare fund in
accordance with the provisions of section 4-57a
shall file a financial report with the Secretary
of the Office of Policy and Management at such
times as said secretary orders. A copy of such
statement shall be [filed with the Auditors of
Public Accounts, who shall determine the frequency
with which the accounts of such fund shall be
audited] RETAINED FOR AUDITING PURPOSES.
Sec. 8. This act shall take effect July 1,
1998.
Approved May 19, 1998