House Bill No. 5650
House Bill No. 5650
PUBLIC ACT NO. 98-263
AN ACT CONCERNING AN EDUCATION PILOT PROGRAM,
HOUSING OPPORTUNITIES FOR ELDERLY AND DISABLED
PERSONS, CONSTRUCTION OR ALTERATION OF STATE
BUILDINGS, POLICE OFFICERS AND FIRE FIGHTERS
INJURED OR RENDERED SICK IN THE LINE OF DUTY,
INJURY TO CERTAIN STATE OFFICIALS AND EMPLOYEES,
GOVERNOR'S BUDGET MESSAGE, STATE AGENCY CONTRACTS,
PAYMENTS FROM MASHANTUCKET PEQUOT AND MOHEGAN
FUND, GRANT PROGRAM TO MUNICIPALITIES,
COMMISSARIES AT CORRECTIONAL FACILITIES, SCHOOL
DISTRICTS IN THE DEPARTMENT OF CORRECTION AND A
TEACHER EDUCATION PILOT PROGRAM.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (a) The Commissioner of Education
shall contract, within available appropriations,
for the establishment of a pilot program in three
municipalities in the state, in accordance with
this section. One program shall be in a
municipality with a population under fifty
thousand, one shall be in a municipality with a
population of fifty thousand to one hundred
thousand, inclusive, and one shall be in a
municipality with a population over one hundred
thousand. The pilot program shall use a
sixty-hour, fifteen chapter self improvement and
life skills curriculum, such as the Amer-I-Can
curriculum, and shall be aimed at high school
students.
(b) On or before January 1, 2000, the
commissioner shall report, in accordance with
section 11-4a of the general statutes, on the
pilot program to the joint standing committee of
the General Assembly having cognizance of matters
relating to education.
Sec. 2. (NEW) The Commissioner of Economic and
Community Development shall, in consultation with
the Department of Social Services, the State
Building Inspector, the Office of Protection and
Advocacy, the Department of Information and
Technology and the Office of Policy and
Management, establish a state-wide electronic
database of information on the availability of
dwelling units in the state which are accessible
to or adaptable for persons with disabilities.
Such database shall include such information as:
(1) The location of, the monthly rent for and the
number of bedrooms in each such dwelling unit, (2)
the type of housing and neighborhood in which each
such dwelling unit is located, (3) the vacancy
status of each such dwelling unit, (4) if a unit
is unavailable, the date such unit is expected to
become available, and (5) any feature of each such
unit that makes it accessible to or adaptable for
persons with disabilities. To the extent feasible,
the Commissioner of Economic and Community
Development shall use information from the
computer-assisted mass appraisal systems.
Sec. 3. (NEW) The Commissioner of Economic and
Community Development shall award grants-in-aid to
housing authorities, municipal developers and
nonprofit corporations operating elderly housing
projects pursuant to part VI of chapter 128 of the
general statutes, (1) to hire resident services
coordinators to assist residents of such housing
to maintain an independent living status, (2) to
assess the individual needs of residents of such
housing for the purpose of establishing and
maintaining support services, (3) to maintain
regular contact with residents of such housing,
(4) to monitor the delivery of support services to
residents of such housing, (5) to advocate changes
in services sought or required by residents of
such housing and (6) to provide mediation and
conflict resolution services. The commissioner
shall award grants-in-aid based on demonstration
of need and availability of matching funds. A
joint application made by more than one housing
authority, municipal developer or nonprofit
corporation shall have the same preference as an
application made by one housing authority,
municipal developer or nonprofit corporation.
Sec. 4. (NEW) The employment of resident
services coordinators by a housing authority,
municipal developer or nonprofit corporation
operating elderly housing projects pursuant to
part VI of chapter 128 of the general statutes
shall be considered an allowable expense.
Sec. 5. Subsection (b) of section 29-252a of
the general statutes, as amended by section 1 of
public act 97-273 and section 29 of public act
97-11 of the June 18 special session, is repealed
and the following is substituted in lieu thereof:
(b) No state building or structure or addition
to a state building or structure, that exceeds the
threshold limits contained in section 29-276b and
requires an independent structural review under
said section, shall be constructed until an
application has been filed by the commissioner of
an agency authorized to contract for the
construction of buildings under the provisions of
section 4b-1 or 4b-51 with the State Building
Inspector and a building permit issued by the
State Building Inspector. On and after July 1,
[1999] 2000, no state building or structure or
addition to a state building or structure shall be
constructed or altered until an application has
been filed by the commissioner of an agency
authorized to contract for the construction of
buildings or the alteration of existing buildings
under the provisions of section 4b-1 or 4b-51 with
the State Building Inspector and a building permit
issued by the State Building Inspector. Two copies
of the plans and specifications for the building
or structure to be constructed or altered shall
accompany the application. The commissioner of any
such agency shall certify that such plans and
specifications are in substantial compliance with
the provisions of the State Building Code and,
where applicable, with the provisions of the State
Fire Safety Code. The State Building Inspector
shall review the plans and specifications for the
building or structure to be constructed or altered
to verify their compliance with the requirements
of the State Building Code and, within thirty days
of the date of application, shall issue or refuse
to issue the building permit, in whole or in part.
The State Building Inspector may request that the
State Fire Marshal review such plans to verify
their compliance with the State Fire Safety Code.
Sec. 6. Section 3-122 of the general statutes
is repealed and the following is substituted in
lieu thereof:
When any person, under the provisions of the
constitution and bylaws of the [Connecticut State
Police Association] POLICE ASSOCIATION OF
CONNECTICUT, is entitled to relief from said
association AS A POLICE OFFICER INJURED IN THE
LINE OF DUTY, OR RENDERED SICK BY DISEASE
CONTRACTED WHILE IN THE LINE OF DUTY, OR as the
widow, child or dependent mother of a [policeman]
POLICE OFFICER killed in the line of his duty, the
Comptroller shall, upon the delivery to him of
adequate proof from said association of the right
of such person to such relief as aforesaid, draw
his order upon the Treasurer in favor of the
person or persons entitled to such relief, or
their legal representatives, for the amount to
which such person or persons may be entitled as
relief as aforesaid, provided such orders shall be
limited to available appropriations.
Sec. 7. Section 3-123 of the general statutes
is repealed and the following is substituted in
lieu thereof:
Whenever a person, under the provisions of the
constitution and bylaws of The Connecticut State
[Firemen's] FIREFIGHTERS Association, is entitled
to relief from said association, AS A FIREFIGHTER
INJURED IN THE LINE OF DUTY, OR RENDERED SICK BY
DISEASE CONTRACTED WHILE IN THE LINE OF DUTY, OR
as the widow or child of a [fireman] FIREFIGHTER
killed in the line of his duty, the Comptroller
shall, upon the delivery to him of proper proofs
from said association of the right of such person
to relief as aforesaid, draw his order upon the
Treasurer in favor of the person or persons
entitled to such relief, or their legal
representative, for the amount to which such
person or persons are entitled as relief as
aforesaid, provided such orders shall be limited
to available appropriations.
Sec. 8. Section 5-144 of the general statutes
is repealed and the following is substituted in
lieu thereof:
If any state employee, STATE OFFICER OR MEMBER
OF THE GENERAL ASSEMBLY SERVING WITH COMPENSATION
OR REMUNERATION sustains an injury while acting
within the scope of his employment, which injury
is not the result of his own wilful or wanton act,
and dies as a result of such injury, and a spouse
and a dependent child or children under eighteen
years of age survive him, the Comptroller, upon
the recommendation of the appointing authority,
and with the approval of the Attorney General,
shall draw his order on the Treasurer for the sum
of [seven thousand five hundred] ONE HUNDRED
THOUSAND dollars, payable in equal monthly
instalments over a period of not less than [five]
TEN years to such employee's OR OFFICER'S OR
MEMBER'S spouse, provided any such payments shall
terminate on the death or remarriage of such
spouse within said [five-year] TEN-YEAR period,
and the Comptroller, upon the recommendation of
the appointing authority and with the approval of
the Attorney General, shall also draw an order on
the Treasurer for monthly payments of [twenty]
FIFTY dollars for each dependent child under
eighteen years of age, payable to such spouse or
the guardian of such child or children until such
child or children reach eighteen years of age. If
such employee OR OFFICER OR MEMBER leaves a spouse
and no child or children under eighteen years of
age, the Comptroller, upon the recommendation of
the appointing authority and with the approval of
the Attorney General, shall draw an order on the
Treasurer for the sum of [four] FIFTY thousand
dollars payable in equal monthly instalments over
a period of not less than [five] TEN years, to
such spouse, provided any such payments shall
terminate on the death or remarriage of such
spouse within such [five-year] TEN-YEAR period. If
such employee OR OFFICER OR MEMBER leaves no
spouse and no child or children under eighteen
years of age but leaves a parent or parents
dependent upon him, the Comptroller, upon
recommendation of the appointing authority and
with the approval of the Attorney General, shall
draw an order on the Treasurer for the sum of
[four] FIFTY thousand dollars, payable to such
employee's OR OFFICER'S OR MEMBER'S parent or
parents in equal monthly instalments over a period
of not less than [five] TEN years, provided, on
the death of one such parent, the surviving parent
shall continue to receive the entire monthly
payments under the provisions of this section and
provided such payments shall cease on the death of
both such parents during such [five-year] TEN-YEAR
period. AS USED IN THIS SECTION AND SECTION 5-145,
THE APPOINTING AUTHORITY FOR MEMBERS OF THE
GENERAL ASSEMBLY SHALL BE THE PRESIDENT PRO
TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE
OF REPRESENTATIVES. THE APPOINTING AUTHORITY FOR
STATE OFFICERS SHALL BE THE GOVERNOR.
Sec. 9. Section 5-145 of the general statutes
is repealed and the following is substituted in
lieu thereof:
Each appointing authority shall notify the
Commissioner of Administrative Services, who shall
notify the Attorney General, of the injury, or
death resulting from an injury, of any employee,
[in the state service] STATE OFFICER OR MEMBER OF
THE GENERAL ASSEMBLY SERVING WITH COMPENSATION OR
REMUNERATION, which injury was incurred in the
performance of his duties.
Sec. 10. Subsection (a) of section 5-259 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The Comptroller, with the approval of the
Attorney General and of the Insurance
Commissioner, shall arrange and procure a group
hospitalization and medical and surgical insurance
plan or plans for (1) state employees, (2) members
of the General Assembly who elect coverage under
such plan or plans, (3) employees of the
Connecticut Institute for Municipal Studies
established by section 1-135, (4) participants in
an alternate retirement program who meet the
service requirements of section 5-162 or
subsection (a) of section 5-166, (5) anyone
receiving benefits UNDER SECTION 5-144, AS AMENDED
BY SECTION 8 OF THIS ACT, OR from any
state-sponsored retirement system, except the
teachers' retirement system and the municipal
employees retirement system, and (6) judges of
probate and Probate Court employees. The minimum
benefits to be provided by such plan or plans
shall be substantially equal in value to the
benefits which each such employee or member of the
General Assembly could secure in such plan or
plans on an individual basis on the preceding
first day of July. The state shall pay for each
such employee and each member of the General
Assembly covered by such plan or plans the portion
of the premium charged for his individual coverage
and seventy per cent of the additional cost of his
form of coverage and such amount shall be credited
to the total premiums owed by such employee or
member of the General Assembly for the form of his
coverage under such plan or plans. On and after
January 1, 1989, the state shall pay for anyone
receiving benefits from any such state-sponsored
retirement system one hundred per cent of the
portion of the premium charged for his individual
coverage and one hundred per cent of any
additional cost for his form of coverage. The
balance of any premiums payable by an individual
employee or by a member of the General Assembly
for his form of coverage shall be deducted from
the payroll by the State Comptroller. The total
premiums payable shall be remitted by the
Comptroller to the insurance company or companies
or nonprofit organization or organizations
providing the coverage. The amount of the state's
contribution per employee for a health maintenance
organization option shall be equal, in terms of
dollars and cents, to the largest amount of the
contribution per employee paid for any other
option which is available to all eligible state
employees included in the health benefits plan,
but shall not be required to exceed the amount of
the health maintenance organization premium.
Sec. 11. Subsection (b) of section 5-192t of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) If any member of tier II other than a
state police officer sustains an injury while
acting within the scope of his employment, which
injury is not the result of his own wilful or
wanton act, and dies as a result of such injury,
and a spouse and a dependent child or children
under eighteen years of age survive him, the sum
of [seven] ONE HUNDRED thousand [five hundred]
dollars shall be paid in equal monthly instalments
over a period of not less than [five] TEN years to
such employee's spouse, provided any such payments
shall terminate on the death or remarriage of such
spouse within said [five-year] TEN-YEAR period,
and [twenty] FIFTY dollars a month shall be paid
for each dependent child under eighteen years of
age, payable to such spouse or the guardian of
such child or children until such child or
children reach eighteen years of age. If such
employee leaves a spouse and no child or children
under eighteen years of age, the sum of [four]
FIFTY thousand dollars shall be paid in equal
monthly instalments over a period of not less than
[five] TEN years, to such spouse, provided any
such payments shall terminate on the death or
remarriage of such spouse within such [five-year]
TEN-YEAR period. If such employee leaves no spouse
and no child or children under eighteen years of
age but leaves a parent or parents dependent upon
him, the sum of [four] FIFTY thousand dollars
shall be paid to such employee's parent or parents
in equal monthly instalments over a period of not
less than [five] TEN years, provided, on the death
of one such parent, the surviving parent shall
continue to receive the entire monthly payments
under the provisions of this section and provided
such payments shall cease on the death of both
such parents during such [five-year] TEN-YEAR
period.
Sec. 12. Section 4-72 of the general statutes
is repealed and the following is substituted in
lieu thereof:
Part I of the budget document shall consist of
the Governor's budget message in which he shall
set forth as follows: (1) His program for meeting
all the expenditure needs of the government for
each fiscal year of the biennium to which the
budget relates, indicating the classes of funds,
general or special, from which such appropriations
are to be made and the means through which such
expenditure shall be financed; (2) financial
statements giving in summary form: (A) The
financial position of all major state operating
funds including revolving funds at the end of the
last-completed fiscal year in a form consistent
with accepted accounting practice. He shall also
set forth in similar form the estimated position
of each such fund at the end of the year in
progress and the estimated position of each such
fund at the end of each fiscal year of the
biennium to which the budget relates if his
proposals are put into effect; (B) a statement
showing as of the close of the last-completed
fiscal year, a year by year summary of all
outstanding general obligation and special tax
obligation debt of the state and a statement
showing the yearly interest requirements on such
outstanding debt; (C) a summary of appropriations
recommended for each fiscal year of the biennium
to which the budget relates for each budgeted
agency and for the state as a whole in comparison
with actual expenditures of the last-completed
fiscal year and appropriations and estimated
expenditures for the year in progress; (D) FOR THE
BIENNIUM COMMENCING JULY 1, 1999, AND EACH
BIENNIUM THEREAFTER, A SUMMARY OF ESTIMATED
EXPENDITURES FOR CERTAIN FRINGE BENEFITS FOR EACH
FISCAL YEAR OF THE BIENNIUM TO WHICH THE BUDGET
RELATES FOR EACH BUDGETED AGENCY; [(D)] (E) a
summary of permanent full-time positions setting
forth the number filled and the number vacant as
of the end of the last-completed fiscal year, the
total number intended to be funded by
appropriations without reduction for turnover for
the fiscal year in progress, the total number
requested and the total number recommended for
each fiscal year of the biennium to which the
budget relates; [(E)] (F) a summary of the revenue
estimated to be received by the state during each
fiscal year of the biennium to which the budget
relates classified according to sources in
comparison with the actual revenue received by the
state during the last-completed fiscal year and
estimated revenue during the year in progress, and
[(F)] (G) such other financial statements, data
and comments as in his opinion are necessary or
desirable in order to make known in all
practicable detail the financial condition and
operations of the government and the effect that
the budget as proposed by him will have on such
condition and operations. If the estimated revenue
of the state for the ensuing biennium as set forth
in the budget on the basis of existing statutes,
plus the estimated unappropriated surplus at the
close of the year in progress available for
expenditure in the ensuing biennium, is less than
the aggregate appropriations recommended for the
ensuing biennium as contained in the budget, the
Governor shall make recommendations to the General
Assembly in respect to the manner in which such
deficit shall be met, whether by an increase in
the indebtedness of the state, by the imposition
of new taxes, by increased rates on existing taxes
or otherwise. If the aggregate of such estimated
revenue plus such estimated unappropriated surplus
is greater than such recommended appropriations
for the ensuing biennium, he shall make such
recommendations for the use of such surplus for
the reduction of indebtedness, for the reduction
in taxation or for other purposes as in his
opinion are in the best interest of the public
welfare.
Sec. 13. Subsection (b) of section 83 of
special act 97-21 is amended to read as follows:
Upon the execution of any 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.
AT THE TIME THE STATE AGENCY FILES ANY CONTRACT OR
AMENDMENT WITH THE STATE AUDITORS, IT SHALL FILE A
REPORT WITH THE STATE AUDITORS WHICH SETS FORTH
THE FUNDING SOURCES FOR SUCH CONTRACT OR AMENDMENT
AND THE ESTIMATED SAVINGS WHICH WILL BE ACHIEVED
IN EACH STATE AGENCY INCLUDED IN SUCH CONTRACT OR
AMENDMENT. SUCH REPORT SHALL ALSO BE FILED WITH
THE OFFICE OF POLICY AND MANAGEMENT AND THE JOINT
STANDING COMMITTEE OF THE GENERAL ASSEMBLY HAVING
COGNIZANCE OF MATTERS RELATING TO APPROPRIATIONS
AND THE BUDGETS OF STATE AGENCIES, THROUGH THE
LEGISLATIVE OFFICE OF FISCAL ANALYSIS.
Sec. 14. Section 3-55j of the general
statutes, as amended by section 2 of public act
97-274 and section 2 of public act 97-11 of the
June 18 special session, is amended by adding
subsection (i) as follows:
(NEW) (i) For the fiscal year ending June 30,
1999, and each fiscal year thereafter, if the
amount of grant payable to a municipality in
accordance with this section is increased as the
result of an appropriation to the Mashantucket
Pequot and Mohegan Fund for such fiscal year which
exceeds eighty-five million dollars, the portion
of the grant payable to each eligible service
district, in accordance with subsections (a) and
(c) of this section shall be increased by the same
proportion as the grant payable to such
municipality under this section as a result of
said increased appropriation.
Sec. 15. (NEW) (a) As used in this section:
(1) "Federal housing units" means public
housing units assisted by the United States under
the United States Housing Act, as amended, that
are owned by a local housing authority and listed
in the 1994 Catalogue of Public Assisted Housing
prepared by the Connecticut Department of Housing;
(2) "State housing units" means governmentally
assisted housing units as reported on the 1996
Affordable Housing Appeals Procedure List, not
including federal units; and
(3) "Municipality" means any town, city,
borough, consolidated town and city or
consolidated town and borough.
(b) The Secretary of the Office of Policy and
Management shall establish a grant program to
municipalities, for the fiscal year commencing
July 1, 1999, based on the number of federal and
state housing units in each municipality. The
amount of each grant shall be determined as
follows: (1) Seventy-five per cent of the amount
appropriated for the purposes of this section
shall be distributed pro rata on the basis of the
number of federal housing units in each
municipality and (2) twenty-five per cent of such
amount shall be distributed on the basis of the
number of state housing units in each
municipality.
(c) On or before September 1, 1999, the
secretary shall calculate the amount due each
municipality in accordance with the formula
prescribed in subsection (a) of this section and
shall certify to the State Comptroller the amount
due to each municipality.
Sec. 16. Section 18-88 of the general statutes
is amended by adding subsection (k) as follows:
(NEW) (k) The Commissioner of Correction may
establish, within the Industrial Fund,
commissaries to be operated for the purpose of
sale to inmates of items authorized by the
commissioner. The cost of the commissary operation
shall be charged to the fund and the proceeds of
such sales shall be deposited in the fund. The
commissioner is authorized to transfer a portion
of the profits from the operation of the
commissaries to the Correctional General Welfare
Fund established under section 4-57a.
Sec. 17. Section 18-99a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Correction may
establish a school district within the Department
of Correction for the education or assistance of
any person [sentenced or transferred to any
institution of the department until released from
its control, including but not limited to any
person on parole] CONFINED IN ANY INSTITUTION OF
THE DEPARTMENT. The school district shall be known
as State of Connecticut-Unified School District
#1.
(b) The Commissioner of Correction shall
administer, coordinate and control the operations
of the school district and shall be responsible
for the overall supervision and direction of all
courses and activities of the school district and
shall establish such vocational and academic
education, research and statistics, training and
development services and programs as he considers
necessary or advisable in the best interests of
the persons benefiting therefrom.
Sec. 18. Section 18-99b of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The school district acting by the
Commissioner of Correction shall have the power to
(1) establish and maintain within the Department
of Correction such schools of different grades as
the commissioner may from time to time require and
deem necessary in the best interests of those
persons [sentenced or transferred to any
institution of the department, including but not
limited to any person on parole] CONFINED IN ANY
INSTITUTION OF THE DEPARTMENT, (2) establish and
maintain within the department such school
libraries as may from time to time be required in
connection with the educational courses, services
and programs authorized by section 18-99a and this
section, (3) purchase, receive, hold and convey
personal property for school purposes and equip
and supply such schools with necessary furniture
and other appendages, (4) make agreements and
regulations for the establishing and conducting of
such schools as are authorized under said sections
and employ and dismiss, in accordance with the
applicable provisions of section 10-151, such
teachers as are necessary to carry out the intent
of said sections, and to pay their salaries, (5)
receive any federal funds or aid made available to
the state for rehabilitative or other programs and
shall be eligible for and may receive any other
funds or aid whether private, state or otherwise,
to be used for the purposes of said sections.
(b) The school district acting by the
Commissioner of Correction may, pursuant to
agreements, cooperate with the federal government
in carrying out the purposes of any federal acts
pertaining to vocational rehabilitation, and may
adopt such methods of administration as are found
by the federal government to be necessary for the
proper and efficient operation of such agreements
or plans for vocational or other rehabilitation in
correctional institutions, and may comply with
such conditions as may be necessary to secure the
full benefit of all such federal funds available.
Sec. 19. The sum of $400,000 of the amount
appropriated to the Department of Education in
special act 98-6 for Early Reading Success, shall
be transferred to Institutes for Educators. Such
funds shall be used for a pilot program at Yale
University to improve teacher education.
Sec. 20. Section 56 of special act 97-21 is
repealed.
Sec. 21. This act shall take effect July 1,
1998, and sections 8 to 11, inclusive, of this act
shall be applicable to any death occurring on or
after January 1, 1998.
Approved June 11, 1998