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statutes  is  repealed   and   the   following  is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is repealed and the following  is  substituted  in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is repealed and the following  is  substituted  in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