Connecticut Seal

General Assembly

 

Raised Bill No. 1315

January Session, 2007

 

LCO No. 4725

 

*04725_______HED*

Referred to Committee on Higher Education and Employment Advancement

 

Introduced by:

 

(HED)

 

AN ACT CONCERNING THE FACULTY AT PUBLIC INSTITUTIONS OF HIGHER EDUCATION AND REVISIONS TO VARIOUS HIGHER EDUCATION STATUTES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 4-67x of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) [(1)] There shall be a Child Poverty and Prevention Council consisting of the following members or their designees: The Secretary of the Office of Policy and Management, the president pro tempore of the Senate, the speaker of the House of Representatives, the minority leader of the Senate and the minority leader of the House of Representatives, the Commissioners of Children and Families, Social Services, Correction, Mental Retardation, Mental Health and Addiction Services, Transportation, Public Health, Education, Economic and Community Development and Health Care Access, the Labor Commissioner, the Chief Court Administrator, the [Chairman] chairperson of the Board of Governors [for] of Higher Education, the Child Advocate, the chairperson of the Children's Trust Fund and the executive directors of the Commission on Children and the Commission on Human Rights and Opportunities. The Secretary of the Office of Policy and Management, or the secretary's designee, shall be the chairperson of the council. The council shall (1) develop and promote the implementation of a ten-year plan, to begin June 8, 2004, to reduce the number of children living in poverty in the state by fifty per cent, and (2) within available appropriations, establish prevention goals and recommendations and measure prevention service outcomes in accordance with this section in order to promote the health and well-being of children and families.

Sec. 2. Section 20-37a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) For purposes of this section:

(1) "Council on Natureopathic Medical Education" or "council" means the Council on Natureopathic Medical Education or its successor organization; and

(2) "Licensed faculty members" means faculty members or instructors licensed in this or another jurisdiction in the area of practice in which they are providing clinical instruction.

(b) Notwithstanding the requirements of section 20-37, no license to practice natureopathic medicine is required of:

(1) Students enrolled in a college or program of natureopathic medicine if (A) the college or program is recognized by the Council on Natureopathic Medical Education or licensed or accredited by the Board of Governors [for] of Higher Education, and (B) the practice that would otherwise require a license is pursuant to a course of instruction or assignments from an instructor and under the supervision of the instructor; or

(2) Licensed faculty members providing the didactic and clinical training necessary to meet the accreditation standards of the Council on Natureopathic Medical Education at a college or program recognized by the council or licensed or accredited by the Board of Governors [for] of Higher Education.

(c) A college or program of natureopathic medicine approved pursuant to section 20-37 may include within its curriculum such didactic and clinical training necessary for such college or program to qualify for accreditation by the Council on Natureopathic Medical Education, including such training that is outside the scope of the practice of natureopathy, as defined in section 20-34. Students and licensed faculty members of such college or program may perform all procedures that are part of the curriculum of such college or program, provided such procedures are incidental to the course of study at such college or program and the student conducting such procedures is under the direct supervision of a faculty member who is licensed to perform such procedures in this state.

Sec. 3. Subsection (i) of section 20-206bb of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(i) Notwithstanding the provisions of subsection (a) of this section, no license to practice acupuncture is required of: (1) Students enrolled in a college or program of acupuncture if (A) the college or program is recognized by the Accreditation Commission for Acupuncture and Oriental Medicine or licensed or accredited by the Board of Governors [for] of Higher Education, and (B) the practice that would otherwise require a license is pursuant to a course of instruction or assignments from a licensed instructor and under the supervision of the instructor; or (2) licensed faculty members providing the didactic and clinical training necessary to meet the accreditation standards of the Accreditation Commission for Acupuncture and Oriental Medicine at a college or program recognized by the commission or licensed or accredited by the Board of Governors [for] of Higher Education. For purposes of this subsection, "licensed faculty member" and "licensed instructor" means a faculty member or instructor licensed under this section or otherwise authorized to practice acupuncture in this state.

Sec. 4. Subsection (a) of section 10a-22b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) No person, board, association, partnership, corporation, limited liability company or other entity shall offer instruction in any form or manner in any trade [,] or in any industrial, commercial, service, professional or other occupation unless such person, board, association, partnership, corporation, limited liability company or other entity first receives from the commissioner a certificate authorizing the occupational instruction to be offered.

Sec. 5. Subsection (f) of section 10a-22b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(f) The evaluation team appointed pursuant to subsection (e) of this section shall: (1) Conduct an on-site inspection; (2) submit a written report outlining any evidence of noncompliance; (3) give the school sixty days from the date of the report to provide evidence of compliance; and (4) submit to the commissioner a written report recommending authorization or nonauthorization not later than one hundred twenty days after the on-site inspection. The evaluation team shall determine whether (A) the quality and content of each course or program of instruction, including, but not limited to, residential, on-line, home study and correspondence, training or study shall reasonably and adequately achieve the stated objective for which such course or program is offered; (B) the school has adequate space, equipment, instructional materials and personnel for the instruction offered; (C) the qualifications of directors, administrators, supervisors and instructors shall reasonably and adequately assure that students receive education consistent with the stated objectives for which a course or program is offered; (D) students and other interested persons shall be provided with a catalog or similar publication describing the courses and programs offered, course and program objectives, length of courses and programs, schedule of tuition, fees and all other charges and expenses necessary for completion of the course or program, and termination, withdrawal and refund policies; (E) upon satisfactory completion of the course or program, each student shall be provided appropriate educational credentials by the school; (F) adequate records shall be maintained by the school to show attendance and grades, or other indicators of student progress, and standards shall be enforced relating to attendance and student performance; (G) the applicant school shall be financially sound and capable of fulfilling its commitments to students; and (H) any student housing owned, leased, rented or otherwise maintained by the applicant school shall be safe and adequate. The evaluation team may also indicate in its report such recommendations as may improve the operation of the applicant school.

Sec. 6. Section 10a-44a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Each publisher of college textbooks shall make available to a prospective purchaser of [their] the publisher's products who is a member of the faculty of an institution of higher education (1) the price at which the publisher would make the products available to the store on the campus of such institution that would offer such products to students, and (2) the history of revisions for such products, if any. For purposes of this section, "products" means all versions of a textbook or set of textbooks, except custom textbooks or special editions of textbooks, available in the subject area for which a prospective purchaser is teaching a course, including supplemental items, both when sold together or separately from a textbook.

Sec. 7. Subdivision (28) of section 10a-109c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(28) "Total cost basis contract" means a construction manager at-risk project delivery contract between The University of Connecticut and a contractor [, as defined in subdivision (27) of this section,] to accomplish multiple elements of a project, including, but not [be] limited to, site acquisition, architectural design, preconstruction activities, project management and construction.

Sec. 8. Subdivision (29) of section 10a-109c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(29) "Deferred maintenance" means repair of an infrastructure or structure, that was not maintained, repaired or replaced in the usual course of maintenance and repair, except for repairs performed solely to correct code violations that were applicable at the time of project completion and were for named projects pursuant to section 10a-109e, [(A)] which (A) did not meet the threshold limits, as defined in section 29-276b, and (B) were completed prior to July 1, 2006.

Sec. 9. Section 10a-109bb of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is established a construction management oversight committee consisting of (1) four members appointed jointly by the Governor, the speaker of the House of Representatives, the majority leader of the House of Representatives, the minority leader of the House of Representatives, the president pro tempore of the Senate, the majority leader of the Senate and the minority leader of the Senate, and (2) three members appointed by the Board of Trustees for The University of Connecticut, who shall be members of said board. The board of trustees shall replace any such committee member appointed by said board [,] if such committee member's term on the board expires [,] or otherwise ends. The members appointed pursuant to subdivision (1) of this subsection shall have expertise in the fields of construction management, architectural design or construction project management. The chairperson of the committee shall be designated by the board of trustees. All appointments of the initial committee shall be made no later than July 20, 2006. Appointments shall be for four consecutive years, except that two of the initial appointments pursuant to subdivision (1) of this subsection shall be for three consecutive years. Upon expiration of the initial members' terms and every four years thereafter, new members shall be appointed in accordance with the procedures for appointment set forth in this section. A majority of the members of the committee shall constitute a quorum for the conduct of business. The committee shall act by a majority vote of the members. The committee shall maintain a record of its proceedings in such form as it determines, provided such record indicates attendance and all votes cast by each member.

(b) The construction management oversight committee established pursuant to subsection (a) of this section shall review and approve the policies and procedures developed by The University of Connecticut to undertake any project of UConn 2000, as defined in subdivision (25) of section 10a-109c, concerning the selection of design professionals and contractors, as defined in subdivision (27) of section 10a-109c, as amended by this act, contract compliance, building and fire code compliance, deferred maintenance, as defined in subdivision (29) of section 10a-109c, and an annual budget for such maintenance prepared pursuant to section 10a-109dd, project and program budgets and schedules and the authorization and review of contract changes. [Such] The committee shall prepare, biennially, a summary of construction performance of UConn 2000 based on reports submitted at least quarterly by the construction assurance office established pursuant to section 10a-109cc, and shall, upon the completion of each named project pursuant to section 10a-109e, conduct a review of the university's management of such project for its conformance with the applicable policies and procedures governing construction undertaken pursuant to section 10a-109n. Such review of completed projects shall incorporate information, including, but not limited to, that which is derived from reviews of the reports submitted at least quarterly by the construction assurance office, in accordance with section 10a-109cc.

(c) The construction management oversight committee established pursuant to subsection (a) of this section shall, upon completion of each assessment, summary [,] and review conducted pursuant to this section, submit such [assessments, summaries, and reviews] assessment, summary and review to the Board of Trustees for The University of Connecticut. The board shall initially review each such assessment, summary [,] and review without the presence of university staff members.

Sec. 10. Subsection (a) of section 31-3ll of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Labor Commissioner, in consultation with the Commissioner of Economic and Community Development and the Commissioner of Education, shall, within available appropriations, establish and operate the Twenty-First Century Skills Training Program, the purposes of which shall be to: (1) Sustain high growth occupation and economically vital industries identified by such commissioners; and (2) assist workers in obtaining skills to start or move up their career [ladder] ladders. Such job training program may include training designed to increase the basic skills of employees, including, but not limited to, training in written and oral communication, mathematics or science, or training in technical and technological skills and such other training as such commissioners determine is necessary to meet the needs of the employer. No more than five per cent of the appropriation for the program may be used for administrative purposes.

Sec. 11. (NEW) (Effective October 1, 2007) Notwithstanding any provision of the general statutes, a member of the faculty or faculty bargaining unit of an institution of higher education in the state shall not be subject to the provisions of chapter 10, Part I of the general statutes, and may enter into outside consulting agreements or engage in research projects with private entities provided the board of trustees having jurisdiction of such institution of higher education adopts a code of ethics for such faculty member and approves policies to ensure that such faculty member is not using state resources or his or her state position improperly, is not using the institution's proprietary information, does not have an interest which is in substantial conflict with the proper discharge of his or her duties or employment and has the permission of the institution to associate the institution with such private entities. Such policy shall include a process for the management of consulting agreements and any potential conflicts of interest. Not later than February 15, 2008, and annually thereafter, each institution shall submit, in accordance with section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to higher education a report summarizing such consulting agreements and research projects for the preceding calendar year. The internal audit office of such institution shall assess compliance with the adopted policies and report to the board of trustees.

Sec. 12. Section 10a-109z of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

The Board of Trustees for The University of Connecticut shall select and appoint independent auditors, as defined in subdivision (7) of section 4-230, to annually conduct an audit of any project of UConn 2000, as defined in subdivision (25) of section 10a-109c. Such audit shall review [all] invoices, expenditures, cost allocations and other appropriate documentation in order to reconcile [all] project costs and verify conformance with project budgets, cost allocation agreements and applicable contracts. The Board of Trustees for The University of Connecticut shall ensure that the auditors have unfettered access to any documentation the auditors need to review any such project. The auditors appointed pursuant to this section may serve in such capacity for five consecutive years and shall not be reappointed at the expiration of such period. Any such auditor appointed pursuant to this section shall not perform any nonaudit services for the university during such period.

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

4-67x(a)

Sec. 2

from passage

20-37a

Sec. 3

from passage

20-206bb(i)

Sec. 4

from passage

10a-22b(a)

Sec. 5

from passage

10a-22b(f)

Sec. 6

from passage

10a-44a

Sec. 7

from passage

10a-109c(28)

Sec. 8

from passage

10a-109c(29)

Sec. 9

from passage

10a-109bb

Sec. 10

from passage

31-3ll(a)

Sec. 11

October 1, 2007

New section

Sec. 12

July 1, 2007

10a-109z

Statement of Purpose:

To make technical corrections to the general statutes and to allow faculty members in state institutions of higher education to collaborate on projects that support research, business development and consulting by exempting such faculty members from certain provisions of the state ethics code.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]