PA 09-7, September 2009 Special Session—HB 7007

Emergency Certification

AN ACT IMPLEMENTING THE PROVISIONS OF THE BUDGET CONCERNING GENERAL GOVERNMENT AND MAKING CHANGES TO VARIOUS PROGRAMS

SUMMARY: This act appropriates funds for state agencies and programs to the General Fund and Special Transportation Fund for FY 10 and FY 11, notwithstanding the budget act (PA 09-3, June Special Session (JSS)). It also makes numerous changes as described below.

EFFECTIVE DATE: Various, see below.

§ 5 — DEPARTMENT OF INFORMATION TECHNOLOGY (DOIT) REPORTING REQUIREMENT

The act requires DOIT's chief information officer to report to the Appropriations and Government Administration and Elections committees, by February 15 annually, on its current and future technology projects.

EFFECTIVE DATE: Upon passage

§ 6 — NUMBER OF FILLED POSITIONS AT HIGHER EDUCATION CONSTITUENT UNITS

PA 09-3, JSS prohibits any state agency from exceeding the number of positions as published in the Office of Fiscal Analysis Budget (OFA) Book for the current biennium, unless the governor recommends it and the Finance Advisory Committee approves. The budget book reflects the number of positions recommended by the Appropriations Committee, including the General Assembly's revisions to the recommendation. This act excludes the state's higher education constituent units from this prohibition.

EFFECTIVE DATE: Upon passage

§ 7 — QUASI-PUBLIC AGENCY QUARTERLY REPORTS

The act requires the board of directors of each quasi-public agency to file a quarterly report with OFA on the money it received or held during the quarter. The report must, at a minimum, account for all the agency's revenue and expenditures. Under the act, (1) “revenue” means any addition to cash or other current assets that is neither an increase in a liability nor the recovery of an expenditure and (2) “expenditures” are amounts paid for any purpose, including expenses, debt retirement, and capital outlays.

The agencies must start reporting with the quarter beginning July 1, 2009. The act does not specify when the reports are due.

The quasi-public agencies are the Connecticut Development Authority, Connecticut Innovations, Inc. , Connecticut Health and Educational Facilities Authority, Connecticut Higher Education Supplemental Loan Authority, Connecticut Housing Finance Authority (CHFA), Connecticut Housing Authority, Connecticut Resources Recovery Authority, Capital City Economic Development Authority, and Connecticut Lottery Corporation. (The Connecticut Housing Authority has been succeeded by the State Housing Authority, a subsidiary of CHFA. )

The quarterly reports the act requires are in addition to the annual reports each agency must already submit to the governor, the Auditors of Public Accounts, and the Program Review and Investigations Committee. The annual reports must include information about each agency's bond issues, projects, financial assistance over $5,000 to individuals, balance sheet, affirmative action policies and efforts, and planned activities for the year.

EFFECTIVE DATE: Upon passage

§ 8 — OPM REPORTS ON GENERAL OBLIGATION BOND FUNDS

The act requires the Office of Policy and Management (OPM), in consultation with the state treasurer, to report on General Obligation (GO) bond funds to the Bond Commission, the Finance, Revenue and Bonding Committee, and OFA by January 1 annually. The report must identify all fully issued GO bond funds and (1) describe the projects that may be eligible for funding under each fund, (2) identify which funds are encumbered, and (3) account for expenditures from each fund for the last five years or since the fund's inception if it is less than five years old.

The law allows the treasurer, with the Bond Commission's approval, to transfer to the General Fund unexpended GO bond proceeds that are no longer needed for any of the purposes or projects for which the bonds were issued. The act requires the annual report to identify any fully issued and unencumbered GO bond funds from which no expenditures have been made for at least five years that the treasurer has identified as being fully eligible for this transfer.

EFFECTIVE DATE: Upon passage

§ 9 — NONAPPROPRIATED AGENCY FUNDS

The act requires the OPM secretary, annually beginning by November 15, 2010, to submit to the Appropriations and Finance, Revenue and Bonding committees a summary, in electronic database format, of all nonappropriated moneys held by each budgeted agency (e. g. , federal grants received by an agency) for the biennium commencing July 1, 2011 and each biennium thereafter. The summary must be an accounting of moneys received or held by the agency at the end of the last-completed fiscal year that are authorized or received in any way other than as an appropriation. The summary must be in a form consistent with accepted accounting practices.

EFFECTIVE DATE: Upon passage

§ 10 — AGENCY REPORTS TO OFA

The act expands the information that the administrative heads of budgeted agencies must transmit to OFA. By law, they must submit the agency's monthly financial status and personnel status reports. The act additionally requires them to transmit a non-appropriated moneys status report that accounts for money received or held by the agency that was received or authorized by means other than appropriations. The accounting must include an assessment of any agency fund or account receiving or holding such money. The assessment must at a minimum account for all expenditures, encumbrances, reimbursements, and revenues.

By law, budgeted agencies must transmit revenue and expenditure estimates to OFA in addition to the requirements described above. If they do not, the OPM secretary must cause the estimates to be prepared for them. The act extends the OPM requirement to the status reports.

EFFECTIVE DATE: Upon passage

§ 11 — TREASURER'S APPOINTMENT OF INVESTMENT OFFICERS

The act authorizes the state treasurer to appoint a deputy chief investment officer and principal investment officers. The treasurer already has the authority to appoint a chief investment officer along with investment officers and other personnel to assist him or her.

The act exempts the deputy chief investment officer's compensation from the requirement that salaries of Executive Branch employees not set by law be determined by the administrative services commissioner and approved by the OPM secretary. Instead, it gives the treasurer authority to set the person's compensation, in consultation with the Investment Advisory Council (IAC). Under prior law, the exemption applied only to the chief investment officer's compensation.

Finally, the act requires the IAC to approve the treasurer's appointment of all principal investment officers, investment officers, and other personnel to assist the chief investment officer. Under prior law, the IAC's approval was required only for the chief investment officer's appointment.

EFFECTIVE DATE: Upon passage

§§ 12-14 — TOURISM DISTRICT CONSOLIDATION

The state markets and promotes its tourism attractions through the Connecticut Commission on Culture and Tourism (CCCT) and state-designated regional tourism districts, which are governed by municipal and tourism industry representatives. Prior law designated five districts. The act consolidates them into three by eliminating the South Central and Southwestern districts and expanding the remaining two districts to include the towns from the eliminated districts. It also renames one of the districts to reflect its expanded region and makes conforming technical changes. As Table 1 shows, the act reassigns 34 towns to the expanded districts.

Table 1: Makeup of Current and Consolidated Districts.

The act requires CCCT to help the consolidated Central and Western districts establish committees to draft charters and bylaws and organize the initial meeting of their respective boards of directors. CCCT must do this by February 1, 2010, and the districts' boards must hold their initial meetings by February 15, 2010. The act requires the central regional district's office to be located in CCCT's Hartford office.

EFFECTIVE DATE: January 1, 2010

§§ 15-17 — LIMITS ON STATE PILOT PAYMENTS FOR CERTAIN MACHINERY AND EQUIPMENT

The act caps annual state payments in lieu of taxes (PILOTs) to municipalities for manufacturing machinery and equipment eligible for mandatory exemptions from local property taxes.

By law, depending on when it was acquired, eligible equipment and machinery used in manufacturing, biotechnology, or recycling is either already fully exempt from local property taxes or partially exempt until July 1, 2013 and fully exempt thereafter. The law also requires the state to make PILOT payments to municipalities to compensate them for lost tax revenue on such property. The act requires these payments to be proportionately reduced in any year in which the total amount payable exceeds the state's budgeted appropriation for such payments.

EFFECTIVE DATE: Upon passage

§ 18 — CONVERT STATE EMPLOYEE HEALTH PLAN TO SELF-INSURED

By law, the comptroller solicits bids and contracts with insurance carriers to provide health insurance for state employees and retirees. The act requires the comptroller to begin the process of converting the state employee health insurance plans, including pharmacy benefits but excluding dental benefits, to a self-insured arrangement for benefit periods beginning July 1, 2010 and later. (Under an agreement between the state and a coalition of state employee unions, the state began self-insuring pharmacy benefits July 1, 2008. )

The act authorizes the comptroller to contract with companies to provide administrative services for the self-insured state plan. Under the act, the state's contract for administrative services must require the insurer to charge the state its lowest available rate.

EFFECTIVE DATE: Upon passage

§ 19 — DOIT'S TECHNICAL SERVICES REVOLVING FUND

The Technical Services Revolving Fund is located in DOIT for purchasing, installing, and utilizing information systems. PA 09-3, JSS (§ 74), requires that the following sums be transferred from the fund in FY 10 beginning on or after May 1, 2010: (1) $3. 9 million to the General Fund and (2) $100,000 to the brain injury prevention and services account. To effect these provisions, the act eliminates the requirement that the Technical Services Revolving Fund maintain a working capital balance of $1. 1 million, thus freeing this amount for the transfers.

EFFECTIVE DATE: Upon passage

§ 20 — NEXT STEPS INITIATIVE

The act authorizes funds to (1) provide rental assistance and services for the Next Steps Initiative's Round 3 development projects and (2) pay for debt service on the bonds issued to finance the projects. Specifically, for Round 3 development projects the act authorizes up to:

1. $264,000 of the funds appropriated to the Department of Social Services (DSS) during the current biennium under PA 09-3, JSS, for Homeless/Housing Services;

2. $510,000 in FY 10 and $1 million in FY 11 of the funds appropriated to the Department of Mental Health and Addiction Services (DMHAS) under PA 09-3, JSS, for Housing Supports and Services; and

3. $1 million of the funds appropriated to the treasurer to pay debt service under PA 09-3, JSS, during the current biennium.

The act requires any of these authorized funds that are not used for Round 3 to be used for other rental assistance and services for new scattered site supportive housing.

By law, the Next Step Initiative provides affordable housing and support services for people and families affected by psychiatric disabilities and chemical dependency who are homeless or at risk of being homeless and for supervised ex-offenders with serious mental health needs, among others. The law allows the state to provide state funds to CHFA to pay debt service on bonds it issued for mortgage loans under the Next Step Initiative. Round 3 was authorized under PA 08-123.

EFFECTIVE DATE: Upon passage

§ 21 — BRADLEY ENTERPRISE FUND

By December 1, 2009, the act requires the Transportation and Public Safety departments to enter into a memorandum of understanding to use the Bradley Enterprise Fund to pay all associated costs incurred by state police officers to provide security at Bradley Airport.

EFFECTIVE DATE: Upon passage

§ 22 — JUDICIAL BRANCH ELECTRONIC FILINGS, DOCUMENTS, AND PAYMENTS

Documents and Data

Prior law authorized the Judicial Branch to permit anyone to file, by computer, fax, or newly developed technology, documents the law required to be filed with the Superior Court. The act:

1. specifies that this applies to documents in any civil, criminal, family, juvenile, or other matter;

2. expands the provision to apply to data required to be filed with the Superior Court and any documents or data the law requires to be filed with a judge or judge trial referee;

3. specifies that the documents include a summons for an infraction or certain violations with a fine payable by mail to the Centralized Infractions Bureau, a complaint or summons for a misdemeanor issued by an arresting officer, and an information filed by a prosecutor charging someone with a crime; and

4. allows filing by other technologies rather than new technologies as they develop.

By law, Superior Court judges can set alternative methods of signing, subscribing, or verifying documents so that they have the same validity and status as signed, subscribed, or verified documents. The act applies this to the additional documents and data described above.

Payments

Prior law authorized the chief court administrator to allow the payment of any fee legally required to be paid to the Superior Court using existing or new technology. The act allows the use of technology to make any payment, not just fees.

Judicial Orders and Decisions

The act allows a notice, order, judgment, decision, decree, memorandum, ruling, opinion, mittimus, or similar document issued by the Superior Court or a judge, judge trial referee, family support magistrate, or magistrate to be signed or verified by computer, fax, or other technology according to procedures and technical standards set by the Office of the Chief Court Administrator. It gives these documents the same validity and status as paper documents signed or verified by the court or official.

EFFECTIVE DATE: Upon passage

§ 23 — COMPUTERIZED IMAGES OF JUDICIAL BRANCH RECORDS

The law authorizes the chief court administrator to microfilm court records, papers, or documents that must be retained indefinitely or for a period of time according to court rules, Office of the Chief Court Administrator directives, or statute. The act expands this to apply to all types of Judicial Branch records, papers, and documents and allows any of these documents to be reproduced as a computerized image. It defines a “computerized image” as any electronic reproduction of the original by a computer-based imaging system or process.

The act requires that the device used to create the computerized image accurately reproduce the original in detail. The law imposes the same requirement on microfilm devices.

Under prior law, microfilm was considered and treated the same as the original if it had a certificate of authenticity on each roll. The act instead requires that it be considered the same as the original in accordance with directives from the Office of the Chief Court Administrator. It also applies this to computerized images.

By law, a transcript, exemplification, or certified copy of the microfilm is deemed to be a transcript, exemplification, or certified copy of the original. The act applies this to computerized images.

EFFECTIVE DATE: Upon passage

§ 24 — STATE INSURANCE AND RISK MANAGEMENT BOARD

The act transfers the State Insurance and Risk Management Board to the Department of Administrative Services (DAS), but specifies that it has independent decision-making authority. Under prior law, the board was located in the Comptroller's Office for administrative purposes only. The act requires DAS to provide the board with support staff. The board determines how the state insures itself against losses by purchasing insurance to obtain the broadest coverage at the most reasonable cost.

EFFECTIVE DATE: Upon passage

§§ 25-30 & 173-175 — CLAIMS COMMISSIONER

The act moves the Office of the Claims Commissioner from the Comptroller's Office for administrative purposes only to DAS, and specifies that the office has independent decision-making authority. It eliminates the claims commissioner's authority to (1) appoint and remove a clerk and (2) employ assistants as necessary. Instead, DAS must provide support staff. Under prior law, the clerk and assistants were in the unclassified service and compensated as determined by the DAS commissioner and approved by the OPM secretary.

The act also makes conforming changes.

EFFECTIVE DATE: Upon passage

BACKGROUND — Claims Commissioner

By law, the claims commissioner hears and determines all claims against the state except (1) claims for the periodic payment of disability, pension, retirement, or other employment benefits; (2) claims the law authorizes to be brought as lawsuits; (3) claims for which an administrative hearing procedure is established by law; (4) requests by political subdivisions of the state for the payment of grants in lieu of taxes; and (5) claims for tax refunds (CGS § 4-142).

The law authorizes the claims commissioner to (1) order that a claim be denied or dismissed, (2) order immediate payment of a just claim in an amount up to $7,500, (3) recommend to the General Assembly payment of a just claim in an amount exceeding $7,500, or (4) authorize a claimant to sue the state.

§§ 31 & 138 — STATE MARSHAL COMMISSION

The act makes the State Marshal Commission part of DAS, but it allows the commission to retain independent decision-making authority. Previously, it was within DAS for administrative purposes only. The act allocates $50,000 from the DAS Other Expenses account in FY 10 and FY 11 for state marshal functions.

By law, the State Marshal Commission fills vacancies in state marshal positions, establishes professional standards for marshals in consultation with the State Marshals Advisory Board, and reviews and audits State Marshals' records and accounts. The commission can remove a state marshal for cause, after notice and a hearing. State marshals are independent contractors who serve legal papers on a fee for service basis.

EFFECTIVE DATE: Upon passage

§ 32 — POLICE OFFICER STANDARDS AND TRAINING (POST) COUNCIL STAFF

The law allows POST to employ an executive director and other personnel. The act requires POST personnel, other than the executive director, to be employed within available appropriations. It eliminates the council's specific authority to employ an unclassified executive secretary.

EFFECTIVE DATE: Upon passage

§ 33 — CONNECTICUT CAREER CHOICES FUNDING

The act requires the Office of Workforce Competitiveness (OWC) to fund Connecticut Career Choices within available appropriations. Connecticut Career Choices is an OWC initiative to stimulate and develop high school students' interest and skills in science, technology, engineering, and math.

EFFECTIVE DATE: Upon passage

§ 34 — DRY CLEANING ESTABLISHMENT REMEDIATION ACCOUNT

This account provides grants to owners or operators of dry cleaning businesses to contain, remove, mitigate, or prevent pollution. By law, the economic and community development commissioner must establish grant distribution procedures and criteria. The act requires that the criteria specify a method to ensure timely payment to grant recipients.

EFFECTIVE DATE: Upon passage

§ 35 — INMATE FURLOUGHS

Under prior law, the Department of Correction (DOC) commissioner could allow an inmate to visit a specifically designated place, in or outside the state, under specified conditions for up to 30 days to (1) visit a dying relative, (2) attend a relative's funeral, (3) obtain medical services not otherwise available, or (4) contact prospective employers if the commissioner confirmed that an employment opportunity existed or an employment interview was scheduled.

The act increases, from 30 to 45 days, the length of these furloughs. It allows the commissioner to grant a furlough for any compelling reason consistent with rehabilitation. It also eliminates the requirement that the commissioner confirm that an employment opportunity exists or an employment interview is scheduled when granting a furlough to contact prospective employers.

By law, the commissioner can renew furloughs. An inmate who does not return from a furlough commits 1st degree escape.

EFFECTIVE DATE: Upon passage

§ 36 — PAROLE PANELS

By law, 12 of the 18 members of the Board of Pardons and Paroles are appointed to serve on parole release panels and the chairman can serve on parole release and pardon panels. Of the 12 members appointed to serve on parole panels, five are full-time members paid by DAS and seven are paid $100 per day of service and necessary expenses.

Prior law required a parole panel to consist of two members, with at least one being a full-time member, and the board chairman or a full-time member designated to serve temporarily as chairman. Beginning on the act's effective date, the act no longer requires one of the two members to be a full-time member.

EFFECTIVE DATE: Upon passage

§ 37 —HEALTH INSURANCE PREMIUMS FOR PROBATE JUDGES AND EMPLOYEES

The act specifies that of PA 09-114 (§ 6), which deals with (i. e. , premiums for group hospitalization and the medical and surgical portion of the insurance plan for the probate judges and employees retirement system) takes effect July 1, 2011, instead of January 1, 2011 and applies to premiums paid on or after July 1, 2011, instead of January 1, 2011.

Under prior law, the premium had to be paid from the retirement fund, which consisted of amounts transferred from the Probate Court Administration Fund and contributions from probate court employees and judges. The retirement fund paid 20% of the dental portion of the premium and the participant paid 80%. PA 09-114 instead requires that (1) the premiums be paid from appropriations to the state comptroller for Fringe Benefits for Retired State Employees Health Service Cost and (2) 20% of the premium for the group dental coverage be paid from these appropriated funds with the remainder paid by the participant.

PA 09-114 also requires that on July 1, 2011, and monthly thereafter, the state treasurer transfer from the General Fund to the comptroller the amount of premium due for the month as certified by the comptroller.

EFFECTIVE DATE: Upon passage

§ 38 — EXTENDED CARE GUARDIANSHIP AND ASSISTED CARE PILOT PROGRAM

The law requires the probate court administrator to establish, within available appropriations, an extended family guardianship and assisted care pilot program in the regional children's probate court for the district of New Haven to reduce the number of children who are placed out of their communities and in foster care due to abuse and neglect. Prior law required the program to be designed to: (1) provide outreach to extended family members in the community and appoint such family members as guardians, and (2) seek volunteers to act as assisted care providers to help guardians care for children.

The act also requires it to: (1) provide outreach to non-relative caregivers in the community and appoint them as guardians, and (2) provide and pay for needed services to assist guardians in meeting the needs of the children.

The act makes each guardian appointed by the court eligible to receive a maximum grant of $1,000 instead of $500 per child.

The act eliminates an obsolete provision.

Regulations

The law requires the probate court administrator to adopt regulations to establish the eligibility criteria for (1) becoming a guardian or an assisted care provider under the program, and (2) awarding grants. The act requires the regulations to establish the criteria for:

1. providing services to assist guardians to meet the children's needs, and

2. obtaining and paying for studies from private child-placing agencies in connection with guardianship proceedings.

The act eliminates the requirement that the probate court administrator adopt these regulations through the regulations review process. Instead, he must follow the law that sets the procedures that apply when he adopts certain other regulations. Under these procedures:

1. the regulation is submitted to the Connecticut Probate Assembly's executive committee for approval;

2. if the executive committee fails to approve it, the regulation may be submitted to a panel of three Superior Court judges appointed by the Supreme Court chief justice;

3. the panel of judges must approve or reject the regulation after considering the positions of the probate court administrator and the executive committee;

4. a proposed new regulation and any change in an existing one is submitted to the Judiciary Committee for approval or disapproval in its entirety, but if more than one new regulation or change is submitted at the same time the committee must approve or disapprove all of the new regulations and changes together in their entirety;

5. unless the committee disapproves within 90 days after submission, each regulation is effective on the date specified in the regulation, but in no event until 90 days after promulgation.

EFFECTIVE DATE: Upon passage

§§ 39 & 106 — SCHEDULE REDUCTION DAYS FOR SUPERIOR COURT JUDGES

The act authorizes, instead of requires, the Supreme Court chief justice to order Superior Court Judges to take scheduled reduction days. Special Act 09-6 requires all full-time state employees not included in any prevailing bargaining unit contract to take scheduled reduction days. It requires (1) one scheduled reduction day before June 30, 2009; (2) three between July 1, 2009, and June 30, 2010; and (3) three between July 1, 2010, and June 30, 2011.

The act lapses $316,207 in the Judicial Department's Personal Services account in FY 2010 and FY 2011.

EFFECTIVE DATE: Upon passage

§ 40 — POLICE OFFICER STANDARDS AND TRAINING COSTS

The act allows POST to recover from any municipality that stopped operating its police training school on or after January 1, 2007, the cost of training the municipality's recruits at the Connecticut Police Academy.

EFFECTIVE DATE: Upon passage

§§ 41 & 57 — COMMUNITY INVESTMENT ACCOUNT

The act transfers $170,000 from the General Fund to the Community Investment Account (CIA). It requires $500,000 of CIA funds that four agencies receive for various purposes to go to the General Fund in FY 10 ($125,000 from each agency). It requires that the funds be transferred once all of the required distributions from the account to those agencies are made. The agencies are the Department of Agriculture (DOAG), the Department of Environmental Protection (DEP), CCCT, and CHFA. The CIA is funded by the fee people pay town clerks for each document recorded in municipalities' land records.

BACKGROUND — CIA

The law requires that CIA funds be distributed as follows:

1. 20% to CCCT, $200,000 of which must be used annually to supplement the Connecticut Trust for Historic Preservation's technical assistance and preservation activities and the remainder to supplement historic preservation activities;

2. 20% to CHFA to supplement new or existing affordable housing programs;

3. 20% to DEP for municipal open space grants; and

4. 40% to DOAG for a variety of uses, including:

(a) $125,000 quarterly for the agricultural viability grant program; and

(b) $125,000 quarterly for the farm transition program.

Under PA 09-229 and PA 09-3, JSS, the CIA distribution for grants to milk producers expires on July 1, 2011, at which time the recording fee is to decrease from the current $40 to the original $30 and the fund distribution returns to an equal 25% for each of the four agencies. (The temporary fee increase and fund redistribution, from July 1, 2009 to July 1, 2011, is intended to fund grants for milk producers. )

EFFECTIVE DATE: Upon passage

§ 42 — CONSOLIDATING PRISONER TRANSPORTATION

The act requires the DOC commissioner and chief court administrator, in consultation with the OPM secretary, to develop a plan to consolidate inmate transportation services provided by DOC and the Judicial Branch. The commissioner and chief court administrator must report to the Appropriations and Judiciary committees by January 1, 2010 on the level of transportation services provided and their cost before and after the proposed consolidation.

EFFECTIVE DATE: Upon passage

§ 43 — ONLINE LEARNING PROGRAM FOR INMATES

The act requires the DOC commissioner and Charter Oak State College Board of Trustees, within available appropriations, to enter a memorandum of understanding by November 1, 2009, to implement an online learning program for inmates focused on (1) completing high school credit requirements, (2) preparing for the general educational development (GED) test, and (3) adult high school credit diploma program courses. The commissioner and board must submit progress and statistical reports on the program to the Appropriations and Judiciary committees by January 1, 2010, and quarterly until June 30, 2011. The reports must include recommendations to expand the program to additional correctional facilities as appropriate.

EFFECTIVE DATE: Upon passage

§§ 44-48 — AUDITS OF RECIPIENTS OF STATE FINANCIAL ASSISTANCE

Revised Threshold and Scope of Audit Requirements

By law, municipalities and other nonstate entities that receive substantial amounts of state funding must undergo a single audit. The act defines a “single audit” as an audit that covers an entity's financial statements and state financial assistance. It increases, from $100,000 to $300,000, the amount of fiscal assistance a nonstate entity can receive from the state before it becomes subject to the state single audit and related laws. It increases, from $200,000 to $1 million, the total amount of annual revenue certain entities must have before they become subject to the law. It expands the definition of a political subdivision for this purpose to include all types of special districts, rather than just fire districts, fire and sewer districts, and municipal utilities. By law, political subdivisions also include such entities as the Metropolitan District Commission, regional school boards, and regional planning agencies.

Prior law allowed a nonstate entity to choose to have a program-specific audit instead of a single audit if all of the state financial assistance that it expended in the audit year was for a single program. The act specifies that this option is not available if a grant agreement or statutory or regulatory provision governing the state financial assistance program requires a financial statement audit.

Auditor and OPM Discretion

The act gives auditors and OPM Secretary greater discretion in determining which programs to audit. It requires the secretary periodically to issue a state single audit compliance supplement containing information to help independent auditors conduct state single audits. This information must, at least, identify state financial assistance programs and their significant compliance requirements and include suggested audit procedures for determining compliance, programs that are exempt from auditing requirements, and information relevant to the risk-based approach for use in determining major state programs that are subject to auditing requirements.

In addition to provisions that apply to all state programs, the law has a number of provisions that apply to major state programs. For example, the auditor must perform procedures to obtain an understanding of internal controls sufficient to plan the audit and the testing of internal controls to support a low assessed level of control risk for such programs.

The act redefines “major state program. ” Prior law defined it as any non-exempt program for which total expenditures of state financial assistance by a nonstate entity during the applicable year exceeded the larger of (1) $100,000 or (2) 1% of the total amount of state financial assistance expended, excluding expenditures of an exempt program by the nonstate entity during the audited year. The act eliminated the definition and instead allows the auditor to use a risk-based approach to determine which programs are major. The auditor's determination must include (1) factors consistent with requirements established by the U. S. Office of Management and Budget and (2) current and prior audit experience, oversight by state agencies and pass-through entities, and the risk inherent in state programs. (An example of a pass-through entity is a grantee who passes state funding on to a sub-grantee. )

Prior law defined “exempt programs” as education cost sharing and various other educational grant programs. The act eliminates the definition and instead allows the OPM secretary to designate programs as exempt after consulting with the Auditors of Public Accounts and the commissioner of the state agency that awarded the financial assistance.

Related Changes

By law, if a nonstate entity subject to the auditing requirements fails to designate an auditor to conduct its audit, the cognizant agency must do so. The act makes the nonstate entity responsible for paying the costs of any audit conducted by an agency-designated auditor.

By law, the cognizant agency may extend, by up to 30 days, the deadline for a nonstate entity to file copies of its audit with the relevant state agencies if the auditor and the entity's chief executive officer submit a joint request to the cognizant agency stating the reasons for the extension. The act additionally requires that the request include an estimate of the time needed to complete the audit. It requires the auditor or chief executive officer to promptly provide any additional information the cognizant agency requires. Prior law allowed the cognizant agency to hold a hearing on the request. The act instead allows it to require the auditor and officials of the nonstate entity to meet with its representatives. It also modifies the requirement that a nonstate entity file a copy of the audit report with state grantor agencies by requiring that this be done, if it is applicable to the grantor agencies, rather than in every case.

By law, the audit must determine whether a nonstate entity has complied with the laws, regulations, and grant provisions of major state programs, and the auditor must select and test a representative number of transactions from each such program. The act specifies that the auditor must do this to provide him or her with sufficient evidence of compliance.

By law, when the total expenditures of a nonstate entity's major state programs are less than 50% of its total expenditures of state financial assistance, excluding exempt program expenditures, the auditor must select and test additional programs to cover at least 50% of this total. The act eliminates, in such cases, requirements that (1) the selection be carried out in accordance with relevant OPM regulations and (2) no more than two programs each of which has total state financial assistance expenditures between $25,000 and $100,000 be tested if needed to achieve the audit coverage.

EFFECTIVE DATE: Upon passage

§ 49 — COMMISSION ON ENHANCING AGENCY OUTCOMES

The act expands the membership of the Commission on Enhancing Agency Outcomes created by PA 09-2 by adding the chairpersons of the Legislative Program Review and Investigations Committee, or their designees. Under existing law, the chairpersons and ranking members of the Appropriations and GAE committees serve on the commission. The act permits the committee chairpersons to be represented by designees, but not the ranking members.

Previously, the commission's charge included consideration of the merging of state agencies including, specifically, (1) DMHAS and DSS and (2) CCCT, portions of OWC, and the Department of Economic and Community Development (DECD). The act (1) eliminates these references to specific agencies for possible merging and (2) adds consideration of streamlining state operations to the commission's charge.

The act also (1) requires the Program Review Committee, as it determines and within existing budgetary resources, to assist the commission and (2) extends and revises the commission's reporting requirements. Previously, the commission had to submit a report of its findings and recommendations to the governor, the House speaker, and the Senate president Pro Tempore by July 1, 2009 after which date the commission terminated. The act, instead, gives the commission until February 1, 2010 to submit an initial report identifying subjects for further study and until December 31, 2010 to submit a full report on its findings and recommendations. It allows the commission to continue in existence until December 31, 2011.

EFFECTIVE DATE: Upon passage

§ 50 — DECD STUDY OF AGENCY PROGRAMS

Special Act 09-14 requires the DECD commissioner to conduct a three-year study of the programs the agency initiated, conducted, or coordinated that promote and assist Connecticut businesses with international trade with African nations with whom the United States has diplomatic relations. Reports on each phase of the three-year study must be submitted to the Commerce Committee by July 1, 2010, July 1, 2011, and July 1, 2012. The act (1) specifies that the study must be conducted within available appropriations and (2) makes a technical change to the statutory reference under which the report must be submitted.

EFFECTIVE DATE: Upon passage

§§ 51 — TOURISM DISTRICT ANNUAL BUDGET SUBMISSIONS

The act suspends for one year CCCT's authority to review and approve the regional tourism districts' proposed budgets and the requirement that districts submit copies of those budgets to OPM and the Appropriations; Commerce; and Finance, Revenue and Bonding committees. The act also requires the districts to submit annually their budgets to the committees by March 15 rather than September 15 beginning in 2011. Prior law required the districts to submit their proposed annual budgets to CCCT by June 1 annually.

By law, CCCT has until June 30 to review, comment, and recommend changes to them. If CCCT rejects a proposed budget, it must prepare an interim one, which remains in effect until it approves a revised budget. The act continues to require the districts to submit their proposed plans to CCCT for review by June 1, but suspends, until June 1, 2011, CCCT's authority to annually approve or reject them.

Lastly, the act suspends for one year, from January 1 to December 31, 2010, the requirement that districts spend no more than 20% of their state grant for administrative costs.

EFFECTIVE DATE: January 1, 2010

§ 52 — MUNICIPAL VIDEO COMPETITION TRUST ACCOUNT

The act makes minor changes in how the Municipal Video Competition Trust Account is allocated. This account is funded by a tax on competitive video services and is distributed as property tax relief to municipalities. The act specifies that the amount to be distributed each fiscal year is the amount in the account at the end of the preceding fiscal year.

By law, each municipality's share of the account is based on its share of the number of competitive video services subscribers in the state. The act specifies that this calculation is based on its share of the number of subscribers in the fiscal year proceeding the fiscal year during which the money is distributed.

By law, unconsolidated cities and boroughs are entitled to part of their town's share of the account. The split between the city and borough and the town in which it is located is based on their respective property tax levies. The act specifies that the levies are those for the most recent fiscal year for which OPM has received a certified copy of the audit report required by law. It also allows an affected town to keep any city or borough's allocation that is less than $5.

The act requires OPM to certify to the comptroller the amount to be paid each municipality, rather than each municipality's percentage of the money in the account.

EFFECTIVE DATE: Upon passage

§ 53 — HOUSING INCENTIVE GRANTS

The law authorizes grants to municipalities that designate housing incentive zones and issue building permits for housing units to be built in these zones. Under prior law, the grant for designating zones was $2,000 for each unit that could be built on developable land in the zone. The building permit grant was $5,000 for each single-family detached unit and $2,000 for each multifamily, duplex, and townhouse unit. The act changes these flat per-unit amounts to maximum per-unit grants and authorizes the OPM secretary to determine the amounts up to the authorized maximums. The law specifies the criteria for designating zones and the process for obtaining the grants.

EFFECTIVE DATE: Upon passage and applicable to grant payments beginning with those issued in FY 09.

§ 54 — PROPERTY TAX ON CAPITOL DISTRICT HEATING AND COOLING SYSTEM

The act specifies that the personal property tax paid on August 7, 2009 for property the Department of Public Works (DPW) acquired in its purchase of a system that heats and cools state and nonstate buildings in the Capitol District constitutes full payment for system property for the October 1, 2008 assessment year.

PA 09-15 authorized DPW to purchase the system, including all assets and property related to or needed for its operation, from the TEN Companies, Inc. Among the state buildings the system serves are the State Capitol, Legislative Office Building, Supreme Court building, and various Executive Branch office buildings.

EFFECTIVE DATE: Upon passage

§ 55 — STATE AUTHORITY TO ACCEPT CREDIT CARD AND ELECTRONIC PAYMENTS

The act expands the OPM secretary's authority to allow any state agency to accept payments by credit, charge, or debit card to cover payments by an electronic payment service, such as Paypal. It also expands the types of costs for which the secretary can allow such payments to any fee, cost, or fine payable to the agency, not just license fees.

Finally, it extends agencies' existing authority to charge a service fee for accepting card payments to allow a fee for payment by an electronic payment service. However, it does not apply the statutory requirements for card service fees to electronic payment service fees, namely that fees must be (1) related to the cost of the service, (2) uniform for all cards accepted, and (3) applied only when allowed or authorized in writing by the card issuer or processor.

EFFECTIVE DATE: Upon passage

§ 56 — GRANTS FOR MILK PRODUCERS

The act authorizes using the $10 million appropriated to DOAG for “dairy farmers” under PA 09-3, JSS to pay for grants to milk producers (i. e. , people, firms, or corporations registered as producers of milk for pasteurization). The grants are to be used to pay milk producers the difference between the federal pay price and the minimum sustainable monthly cost of milk production, as the law defines. The law (PA 09-229) defines the “federal pay price” as the Northeast monthly uniform price for milk in the Hartford zone pursuant to the U. S. Department of Agriculture's (USDA) Northeast Federal Milk Marketing Order. It sets the minimum sustainable monthly cost of production at 82% of the baseline determined by USDA's Economic Research Service for the monthly average cost of production for a New England state. (Federal law governs the price that processors pay to dairy farmers for milk. This amount is often less than the milk producers' costs. )

The act specifies that the grants to milk producers from the $10 million appropriation are for the period between January 1, 2009 and June 30, 2009; the commissioner must distribute the grants by November 1, 2009. The act specifies that the DOAG commissioner must calculate grant payments based on the amount of milk each milk producer generated between January 1 and June 30, 2009.

Under PA 09-229, for each month that the federal pay price is below the minimum sustainable monthly cost of production, a milk producer is entitled to an amount equal to the difference between the federal pay price and the minimum sustainable monthly cost of production, multiplied by the amount of milk the producer produced during the month. But, a milk producer is eligible for that grant beginning on the date of the first deposit into the Agriculture Sustainability Account (which PA 09-229 established). This act provides its grants retroactively.

The act allows the commissioner to use up to $100,000 of the appropriated funds for grant administration.

EFFECTIVE DATE: Upon passage

§ 58 — REPEAL TRANSFER OF DMHAS FUNDS

The act eliminates a provision in the budget act (PA 09-3, JSS) making up to $125,000 appropriated to DMHAS for the Pre-Trial Substance Abuse Program available for the RYASAP Regional Access Council in Bridgeport in both FY 10 and 11. The budget makes a similar allocation to the Regional Youth/Adult Substance Abuse Project in Bridgeport.

EFFECTIVE DATE: Upon passage

§ 59 — DANBURY TRUCK WEIGHING FACILITY STAFFING

The law establishes minimum staffing levels for the truck weighing facilities in Greenwich, Danbury, and Union as well as for the use of portable scales at other than the permanent locations. Previously, the Department of Public Safety (DPS) was primarily responsible for operations in Danbury. The act increases the minimum number of work shifts at the Danbury facility from three to six per week and makes the Department of Motor Vehicles (DMV) responsible for providing the three additional shifts. By law, DPS is primarily responsible for operations in Greenwich, and DMV is primarily responsible for operations in Union.

EFFECTIVE DATE: September 1, 2010

§§ 60-61 — CCCT MEMBERSHIP AND DECD COMMISSIONER'S POWERS AND DUTIES CONCERNING DIGITAL MEDIA AND MOTION PICTURE INDUSTRIES

The act reduces the CCCT's membership from 35 to 28 by removing the seven members with experience relating directly to the production of digital media or motion pictures. Under prior law, the governor and top six legislative leaders each appointed one such member.

The act also authorizes the DECD commissioner to enhance and promote digital media and motion picture industries in the state.

These changes conform to PA 09-3, JSS, which transferred to DECD the CCCT's (1) administration of the film and digital media production and infrastructure tax credits and (2) powers and duties concerning digital media and motion picture promotion activities.

EFFECTIVE DATE: Upon passage

§ 62 — REGIONAL PLANNING AGENCY MEMBERSHIP

Regional planning agencies (RPAs), which operate in five of the state's 15 planning regions, are governed by boards consisting entirely of municipal representatives. Under prior law, each municipality belonging to an RPA was entitled to at least two board representatives. PA 09-80 increased that number to three by making each municipality's chief elected official (CEO), or his or her designee, a board member.

This act reduces the minimum number of representatives per municipalities to two, but requires one of them to be the municipality's CEO, or his or her designee. By law, municipalities with over 25,000 people are entitled to one additional representative for each additional 50,000 people or fraction thereof.

EFFECTIVE DATE: Upon passage

§ 63 — TESTING ENERGY TECHNOLOGIES IN STATE AGENCIES

The act allows the OPM secretary, under his energy-related powers, to direct a state agency to test technologies, products, or processes that he finds would promote energy conservation or efficiency or renewable energy in order to validate their effectiveness. Agencies cannot undertake this testing unless the business manufacturing or marketing the technology, product, or process demonstrates (1) the testing will be safe, (2) a certified independent third-party or accredited laboratory has found it reduces energy consumption and cost, and (3) it is either commercially available or will be within two years after the testing is completed.

If the secretary finds that using the technology, product, or process is feasible and will not harm the agency's operations, he can direct an agency to undertake the testing program without going through state purchasing law. The act specifies that acquisitions under the testing program are not purchases under this law. The manufacturer or marketer, or an investor or participant in the business must (1) pay the cost of acquiring and testing the technology, product, or process and (2) maintain records as required by OPM. Proprietary information derived from the testing is exempt from the Freedom of Information Act.

If the secretary determines that the testing sufficiently demonstrates that the technology reduces energy use, fossil fuel dependence, or greenhouse gas emissions, the agency may ask DAS to waive competitive bidding or negotiation requirements to procure the technology for any or all state agencies.

EFFECTIVE DATE: Upon passage

§ 64 — POLICE OFFICER STANDARDS AND TRAINING COUNCIL AND FAMILY VIOLENCE ISSUES

By July 1, 2010, the act requires POST to establish uniform protocols for treating family violence victims whose immigration status is questionable and make them available to law enforcement agencies. The agencies must adopt and use the protocols, and peace officers at family violence scenes must help victims in accordance with them.

The act requires each law enforcement agency to designate at least one supervisor to expeditiously process specified federal documentation when asked to do so by a victim of family violence or other crime applying for U. S. nonimmigrant status. The official must process (1) a certificate of helpfulness on Form I-918, Supplement B or any subsequent corresponding form designated by the U. S. Department of Homeland Security, confirming that the victim has been, is being, or is likely to be helpful in investigating or prosecuting the criminal activity and (2) any subsequent certification the victim requires.

By law, POST training for law enforcement officers handling family violence matters must include legal duties of police officers to make arrests and offer help and protection. The act specifies that the training must include applicable probable cause standards. Starting July 1, 2010, it requires that the training include, within available appropriations, information on:

1. the impact of arrests of multiple parties in a family violence case on the parties' immigration status;

2. crime scene investigation and evaluation practices in family violence cases designed by POST to reduce the number of multiple arrests in such cases;

3. practical considerations in the application of state statutes related to family violence and other crimes; and

4. eligibility for federal T visas for victims of human trafficking and federal U visas for unauthorized immigrants who are victims of family violence and other crimes.

EFFECTIVE DATE: July 1, 2010

§ 65 — PRETRIAL FAMILY EDUCATION PROGRAM

The act requires that the pretrial family violence education program for people charged with family violence crimes inform participants of the basic elements of family violence law and applicable penalties.

BACKGROUND—Pretrial Family Violence Program

The pretrial family violence education program is for people who are charged with family violence crimes. A defendant can ask the court to place him or her in the program. A defendant is ineligible if he or she:

1. is charged with a class A, B, or C felony, an unclassified felony that carries more than a 10-year sentence, or, unless good cause is shown, a class D felony, or an unclassified felony carrying a penalty of at least five years;

2. has previously participated in the program; or

3. has been convicted of, or accepted accelerated rehabilitation for, a family violence crime committed after October 1, 1986.

A defendant who satisfactorily completes the program and complies with all conditions can apply to have the charges dismissed and erased.

EFFECTIVE DATE: July 1, 2010

§ 66 — FAMILY VIOLENCE LAW TRAINING AND DISPARITY OF CASES AMONG GEOGRAPHIC AREAS

Within available appropriations, the act requires the Judicial Department to provide training to its staff, including court personnel, on family violence issues and law, including those related to family violence in immigrant communities. The training must address arrest policies and eligibility for federal T Visas for victims of human trafficking and federal U Visas for unauthorized immigrants who are victims of family violence and other crimes.

The act also requires the Judicial Department, on an ongoing basis, within available appropriations, to study and implement methods to reduce disparities in the disposition of family violence cases among geographic areas.

BACKGROUND—Federal U and T Visas

The U Visa allows certain immigrant victims of crime to live and work lawfully in the United States. Immigrants who receive a U Visa can apply for a green card after three years. The government plans to issue up to 10,000 U Visas each year.

U Visas are available to immigrants who are either victims of or who possess information concerning one of the following forms of criminal activity: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; hostage holding; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt; conspiracy; or solicitation to commit one of these offenses. A federal, state, or local official must certify that an investigation or prosecution would be harmed without the immigrant's assistance or, in the case of an immigrant child, the t parent's assistance.

T Visas are available to individuals who are victims of “a severe form of trafficking in persons. ” Severe forms of trafficking include sex trafficking of people under 18 years of age, or recruiting or obtaining people for labor or services by force, fraud, or coercion for the purpose of subjecting them to involuntary servitude, peonage, debt bondage, or slavery.

EFFECTIVE DATE: July 1, 2010

§§ 67-68 & 132-134 — BUILDING CONSTRUCTION PROJECTS

By law, the Department of Public Works (DPW) commissioner has charge and supervision, including the authority to contract for alterations and repairs, over most state building construction projects that will cost the state over $2 million for higher education projects and $500,000 for other projects. The act gives the Judicial Branch more independence over building projects by increasing the threshold requiring DPW supervision from $500,000 to $1. 25 million.

The act also increases the threshold of construction projects requiring the DPW commissioner's prior approval. It requires prior approval on alterations or repairs to buildings (1) rented or occupied by the Judicial Branch that cost up to $1. 25 million or (2) under the supervision of the Office of the Chief Court Administrator or a constituent unit of higher education that cost up to $500,000. Under prior law, these agencies had to obtain the commissioner's prior approval for alterations and repairs that cost over $100,000.

The act expressly authorizes the staff of the Office of the Chief Court Administrator to plan and execute contracts, other than consultant services, and exercise oversight and supervision over the construction of buildings or premises under the office's supervision. By law, the DPW commissioner negotiates contracts for consultant services with the firm most qualified to perform the services at the price the commissioner determines is fair and reasonable to the state. When choosing a consultant for a construction project on a building the Judicial Department supervises or in which it is the primary occupant, the act allows the commissioner to bypass the open bidding and negotiation process and instead select a consultant from a list of at least three people that he determines is most qualified to perform the services at the price he determines is fair and reasonable to the state.

The act eliminates a requirement for the State Properties Review Board (SPRB) to approve Judicial Department consultant contracts that are estimated to exceed $300,000. By law, SPRB must approve most consultant service contracts over $100,000.

EFFECTIVE DATE: Upon passage

§§ 69-93, 104 & 113 — RAISING THE AGE OF JUVENILE COURT JURISDICTION

This act:

1. delays raising the maximum age for juvenile court jurisdiction to 17 from January 1, 2010 to July 1, 2012;

2. consistent with the phase-in of the raise-the-age provisions, delays the repeal of the Youth in Crisis law from January 1, 2010 to January 1, 2012 and restricts eligibility to youths age 17 beginning in 2010, rather than those age 16 and 17;

3. revises the definition of delinquent act;

4. expressly eliminates juvenile court jurisdiction over matters involving emancipated minors;

5. allows police officers to release an arrested child into the child's own custody and makes it a delinquent act for a child who has been released in this manner to willfully fail to appear in court;

6. modifies rules for the admissibility of children's confessions in delinquency proceedings;

7. limits the use of pretrial detention, but adds violating conditions of a suspended detention order as a basis for detaining a child;

8. modifies and expands vocational probation options;

9. authorizes Superior Court judges to obtain a child's educational records;

10. changes the ages of children and older teens about whom the education commissioner must provide information;

11. transfers some functions expressly assigned to the Judicial Branch's Court Support Services Division (CSSD) to the entire Judicial Branch and authorizes the chief court administrator to issue bids to contract for space or services for juveniles;

12. expands the availability of record erasure for children (a) convicted as delinquent or (b) adjudicated as a child in a family with service needs (FWSN – truants, runaways, or children beyond control of parents or school officials) but delays, from 16 to 17, and then from 17 to 18, the age children must reach before becoming entitled to court consideration of an erasure petition;

13. revives the Juvenile Jurisdiction Policy and Operations Coordinating Council; and

14. transfers funds from the Judicial Branch to the Department of Children and Families (DCF) for residential board and care services.

EFFECTIVE DATE: January 1, 2010, except the provisions extending juvenile court jurisdiction to 17-year-olds and the repeal of the Youth in Crisis law are effective July 1, 2012, and the provisions concerning the expansion of Judicial Branch responsibilities, contract bidding, fund transfers, and the coordinating council are effective on passage.

Delinquency — §§ 69 & 82

Children under Age 16. Existing delinquency law covers federal, state, court order, and municipal or local ordinance violations by children under age 16, other than ordinances regulating the conduct of FWSN children. It also covers older children who committed a delinquent act when they were under age 16 and remain under juvenile court supervision. Beginning January 1, 2010 the act allows children under age 16 to be convicted as delinquent if they:

1. violate any federal or state law or municipal or local ordinance other than an ordinance regulating the behavior of a FWSN child;

2. willfully fail to appear in court in response to a summons or at any other court hearing of which they had notice;

3. violate a court order, except an order directed at a FWSN child; or

4. violate court-ordered conditions of probation.

Children Age 16 and 17. Under the act, beginning January 1, 2010, 16-year-olds may be convicted as delinquent for any of the above reasons, except for (1) infractions, (2) violations, (3) motor vehicle offenses or violations, or (4) municipal or local ordinance violations. The act also makes 16-year-olds eligible to participate in the FWSN program. Currently the program is open to children under age 16.

Beginning July 1, 2012, 17-year-olds will also qualify for the FWSN program. Until July 1, 2012 they will continue to be tried on the adult docket and qualify for the Youth in Crisis program, which offers fewer services and court dispositional options than the FWSN program.

Releasing Children into Their Own Custody — § 72

Until January 1, 2010, police officers can either release children who have been arrested into the custody of a parent, guardian, suitable person, or agency or turn them over to a juvenile detention center. If the arrest is for a delinquent act, and the child is not placed in detention or referred to a diversionary program, the police must serve the child and his or her parents, guardians, or other people with control over the child with a summons to appear in court at a later date. Beginning on January 1, 2010, the act also allows the police to release a child into the child's own custody. When the police do so, the act requires that they make reasonable efforts to notify and provide a copy of the written complaint and summons to the parent, guardian, suitable person, or agency before the court date listed on the child's summons.

The act makes it a delinquent act for a child to willfully fail to appear in court in response to the summons and authorizes the court to order that the child be taken into custody. Until July 1, 2012 the act applies to children 16 years old or younger; after that date, it applies to those 17 years old or younger.

§ 75 & 87— Juvenile Confessions

By law, confessions, statements, and admissions made by children (1) under age 16 or (2) age 16 or older if the delinquent act occurred when they were under age 16 are not admissible as evidence in delinquency proceedings unless the child and a parent or guardian had been advised or his or her constitutional (Miranda) rights and a parent was present when the confession, statement, or admission was made. Under the act, they may be used against children age 16 if: (1) the police or Juvenile Court official made reasonable efforts to contact a parent or guardian and (2) the child has been advised of his or her Miranda rights and the right to have a parent present during any interview.

Under the act, admissibility of statements, confessions, and admissions of 16- and, after July 1, 2012, 17-year-olds must be determined by taking into consideration the totality of circumstances at the time they were made. The court must consider:

1. the child's age, experience, education, background, and intelligence;

2. whether he or she had the capacity to understand (a) the advice concerning rights and warnings he or she was given, (b) the nature of the constitutional privilege against self-incrimination, and (c) the consequences of waiving his or her rights or privileges;

3. whether the child had the opportunity to speak with a parent, guardian, or other suitable person before making the admission, confession, or statement; and

4. the circumstances surrounding the making of the admission, confession, or statement, including (a) when and where it was made, (b) the reasonableness of proceeding, or the need to proceed, without a parent or guardian present, and (c) the reasonableness of efforts by the police or juvenile court official to attempt to contact a parent or guardian.

Pretrial Detention — § 72

By law, a court may order pretrial detention when it finds probable cause to believe that an arrested child committed the offense he or she is charged with and there is:

1. a strong probability that he or she will run away or commit or attempt to commit other offenses before the court hearing or disposition,

2. probable cause to believe that the child's continued residence at home will not safeguard the child's or community's best interest because of the serious and dangerous nature of the acts he or she is accused of committing,

3. a need to hold the child to assure his or her appearance before the court in view of previous failure to respond to court process, or

4. a need to hold the child for another jurisdiction.

The act specifies that placement in pretrial detention is permissible only when it is the least restrictive placement option available.

The act makes violating a condition of a suspended detention order a new ground for ordering pretrial detention. And it requires courts to find that those held because of the serious nature of the charges pose a risk to themselves or the community, rather than that release will not safeguard the best interests of the child or community.

By law, detention supervisors can release children to a parent, guardian, or other suitable person's custody unless the child has been arrested for a serious juvenile offense. The act also permits the release to a suitable agency. It precludes pretrial release when an order not to release is noted on the take-into-custody order, arrest warrant, or order to detain.

Education Commissioner's Annual Legislative Report – §§ 78 & 89

For the next two years, the act increases the age of the children and older teens about whom the education commissioner must furnish annual statistics and demographic information. Under prior law, he was required to report on referrals or court diversions of those under age 18. The act requires the 2010 and 2011 reports to include 18-year-olds. For the 2012 report, the age reverts to those under age 18.

Furnishing Educational Records to Juvenile Court Judges — § 70

The act authorizes Superior Court judges to order boards of education to furnish them with a court-involved child's educational records. Judges can use the records only to assist in determining how to dispose of the child's case.

If the child is charged with a delinquent act or is from a FWSN family, the records must be kept under court seal and cannot be released unless the (1) child consents or (2) court holds a hearing.

Expanding Conditions of Vocational Probation — § 76

Prior law allowed juvenile court judges to place a delinquent or FWSN child age 14 or older on vocational probation when they determined that a child would not benefit from continued school attendance. The act allows judges to order work-study or employment with or without continued school attendance as a condition of probation or supervision for any delinquent or FWSN child age 16 or under, and age 17 or under beginning July 1, 2012.

Erasing Juvenile Court Records — § 77 & 88

The act accelerates the grounds for Superior Court judges to grant petitions to erase police and court records, including the authority to hold hearings and grant record erasure petitions earlier for good cause. Under prior law, Superior Court judges had to grant petitions to erase police and court records concerning delinquent or FWSN children who:

1. were at least 16 years old;

2. had been discharged from court supervision, DCF custody, or the care of any other court-ordered institution or agency for at least two years (four years if convicted of a serious juvenile offense);

3. had no pending juvenile proceeding; and

4. since discharge, had not been found guilty of a crime.

The act restricts erasure provisions to children at least 17 years old, and beginning July 1, 2012, at least 18 years old, and makes children ineligible if convicted of an offense as an adult or, if convicted in juvenile court, of an offense that would be a felony or misdemeanor if committed by and adult.

Transferring Functions from the CSSD to the Entire Judicial Branch — § 92

Under prior law, CSSD was responsible for developing programs to prevent and reduce the frequency of delinquency and crime. The act makes this the responsibility of the entire Judicial Branch. It makes the same change for (1) collaborating with private residential facilities providing residential programs and community-based, non-residential post-release programs and (2) consulting with the Commission on Racial and Ethnic Disparity about the needs of minorities in the juvenile justice system.

Expanded Court Contracting Authority —§§ 92 & 93

By law, the chief court administrator represents the state in contracting for space for CSSD personnel at alternative incarceration facilities. As part of a publicly bid contract for an alternative incarceration facility, the act permits her to require that the contractor provide space needed by juvenile probation officers and CSSD personnel.

The act also extends the Judicial Branch's contracting authority to juvenile justice programs and services.

Fund Transfers Associated with the Raise the Age Provisions — § 104

The act transfers funds appropriated to the Judicial Branch for Youthful Offender Services to DCF for Residential Board and Care for children. For FYs 2010 and 2011, the act transfers $2,555,012 and $5,299,000, respectively.

Reviving Juvenile Jurisdiction Policy and Operations Coordinating Council — § 113

The Juvenile Jurisdiction Policy and Operations Coordinating Council is composed of state officials, legislators, and others with expertise in juvenile justice issues. Its sole responsibilities are monitoring the Juvenile Jurisdiction Planning and Implementation Committee's plan concerning changes required in the juvenile justice system to expand jurisdiction to include 16- and 17-year-olds and reporting its findings and recommendations. On January 1, 2009 it submitted its final report and recommendations to the governor and Appropriations, Children's, Human Services, and Judiciary committees.

The act gives the council new responsibilities, consisting of monitoring the implementation of any changes required to expand the juvenile justice system's jurisdiction to include the new age groups and reporting its recommendations to the governor and the same committees by January 1, 2011.

§ 94 — ALIENS CONVICTED OF CRIMES

The act authorizes the DOC commissioner to release to the U. S. Immigration and Customs Enforcement (ICE) any alien convicted of a crime who (1) is sentenced to a prison term of five years or less and (2) has served at least 50% of the sentence. The act specifies the commissioner may do so under the provisions of existing law that authorize the commissioner to transfer any person from one correctional institution to another or to any public or private nonprofit halfway house, group home, or mental health facility or, after satisfactory participation in a residential program, to any approved community or private residence. Under this law, any transferred inmate remains under the commissioner's jurisdiction.

Under existing law, inmates can be released for deportation by the Board of Pardons and Parole after serving 50% of their sentence unless their crimes (such as murder) make them ineligible for parole. Inmates must be sentenced to a prison term of at least two years to be eligible for parole consideration.

EFFECTIVE DATE: Upon passage

§ 95— FORECLOSURE MEDIATION

Under prior law, courts had to issue a foreclosure mediation notice within three days of the mortgagee returning the foreclosure writ to the court. The act specifies that it must be within three business days.

By law, the court's mediation date notice must be issued to all appearing parties within five business days after the return date. The act requires the court to issue the date notice three business days after it receives the mortgagor's appearance and foreclosure mediation certificate forms, if this is later. As under prior law, the court cannot schedule mediation if it has not received these forms by 15 days after the return date.

By law, the court may refer a foreclosure action brought by a mortgagee to the mediation program at any time as long as the mortgagor has filed an appearance. The act requires the court to follow the same timeline as would be applicable if the mediation had been formally requested. Specifically, no more than three business days after making the referral, the court must send notice to the appearing parties scheduling the first mediation session within 15 days of the referral.

EFFECTIVE DATE: Upon passage

§ 96 — MORTGAGE LAW PROHIBITED ACTIONS

PA 09-209 prohibits anyone subject to the mortgage licensing law from taking a number of actions relating to fraud, deceptive practices, false statements, and acting without a license. This act specifies that these prohibitions apply to people who are subject to the laws and required to be licensed under them.

EFFECTIVE DATE: Upon passage

§§ 97-99 — NONPRIME LOAN PROHIBITED PROVISIONS

Public Act 09-207 sets out new prohibited provisions in nonprime loans and renders any such provision in such a loan void and unenforceable. This act specifies that such provisions are void only if the lender received the application on or after October 1, 2009. It specifies that the nonprime loan definition and prohibited provisions in effect as of January 1, 2009 (i. e. , the law in effect before PA 09-207's passage) apply to loans for which a lender receives an application before October 1, 2009.

Prior law generally prohibited lenders from making nonprime loans originated on or after January 1, 2010 unless the lender collected a monthly escrow payment. The act instead specifies that this provision applies to nonprime loans for which the lender receives an application on or after April 1, 2010.

EFFECTIVE DATE: Upon passage

§ 100— PROVISIONS PROHIBITED IN ALL MORTGAGE LOANS

PA 09-207 prohibits mortgage lenders from including provisions in mortgage loans that increase the interest rate as a result of default, except for increases resulting from failure to comply with an automatic electronic payment feature, if the feature was provided in return for an interest rate reduction, and the increase is no greater than the reduction. The act specifies that this prohibition applies only when the lender receives the application on or after October 1, 2009.

EFFECTIVE DATE: Upon passage

§ 101 — CONSUMER COLLECTION AGENCIES BOND REQUIREMENT

Under prior law, a consumer collection agency licensee or license applicant seeking more than one license could either file the normal bond for each place of business or a single bond, naming each place of business, in an amount of $5,000 per place of business. The act increases this amount to $25,000 per place of business.

EFFECTIVE DATE: Upon passage

§ 102 — RECOMMENDATIONS FOR CONSOLIDATING TOURISM DISTRICTS

The act requires CCCT to recommend how the five regional tourism districts can be consolidated into three. At a minimum, the recommendations must address the districts' composition, the number of members that should serve on the districts' boards of directors, and the process for creating and approving district budgets. CCCT must report its recommendations to the Appropriations and Commerce Committees by December 1, 2009. (But other provisions of the act effect this reduction, see §§ 12-14, above).

EFFECTIVE DATE: Upon passage

§ 103 — AGRICULTURE VIABILITY ACCOUNT

Under PA 09-3, JSS, $500,000 was transferred in FY 10 from the agriculture viability subaccount of the CIA to the General Fund. The act eliminates this transfer. By law, money from the CIA funds the farm viability matching grant. The grant may be used for (1) local capital projects that foster agricultural viability, including processing facilities and farmers' markets; (2) the development and implementation of agriculturally friendly land use regulations and local farmland protection strategies that sustain and promote local agriculture; and (3) the development of new marketing programs and venues through or in which a majority of products sold are state grown.

EFFECTIVE DATE: Upon passage

§ 105 — CERTIFICATION OF DISABILITY FOR HANDICAPPED PARKING CREDENTIALS

The act rescinds a change made by PA 09-187 that eliminated authority for physician's assistants or advanced practice registered nurses to certify someone's disability for purposes of getting a handicapped parking credential issued by the Department of Motor Vehicles. It thus restores the prior law, which authorized certification by a properly licensed physician, physician's assistant, or advanced practice registered nurse.

EFFECTIVE DATE: Upon passage

§ 107 — MEDICALLY NECESSARY DEFINITION UNDER MEDICAID

Definition

The act requires DSS, by July 1, 2010, to amend the definition of “medically necessary” services in its Medicaid regulations to reflect savings in the current biennial budget by reducing program administration inefficiencies while maintaining the quality of care provided to Medicaid beneficiaries. (PA 09-3, JSS already requires DSS to do this. )

The act allows the DSS commissioner to implement policies and procedures using this amended definition while in the process of adopting the definition in regulation. He must print a notice of intent to publish the regulations in the Connecticut Law Journal within 45 days of implementing them. The policies and procedures are valid until final regulations are adopted. (PA 09-3, JSS already allows DSS to do this. )

Medical Inefficiency Committee

The act also establishes a committee identical in composition and responsibilities to that created under PA 09-3, JSS with a different name: the Medical Inefficiency Committee. This new committee must (1) advise DSS on the amended definition and its implementation and (2) provide comment to DSS and the legislature on its impact.

Committee Membership and Administration

The committee consists of 11 members appointed as follows: three by the governor, two each by the House speaker and Senate president pro tempore, and one each appointed by the House and Senate majority and minority leaders. Appointments must be made no later than 30 days after the act takes effect. Vacancies must be filled by the appointing authority, but those unfilled longer than 60 days may be filled by a joint appointment of the House speaker and Senate president pro tempore.

The act requires the House speaker and Senate president pro tempore to select the committee chairpersons from among its members and requires the chairpersons to schedule the first committee meeting within 60 days after the act takes effect.

The Human Services Committee staff serve as the committee's administrative staff.

Reporting Requirements

The act requires the committee to submit annual reports on its findings and recommendations for three years beginning by January 1, 2010. The reports go to the governor and the Public Health, Human Services, and Appropriations committees. The act terminates the committee on the date it submits its third report or January 1, 2012, whichever is later.

§ 108 — APPRENTICESHIP REGISTRATION FEES

Under PA 09-3, JSS, effective October 1, 2009, the money the Labor Department collects from apprenticeship registration fees is deposited in the General Fund. This act instead requires that 50% of the money collected be credited to the department as a separate nonlapsing appropriation to administer the apprenticeship training program.

EFFECTIVE DATE: October 1, 2009

§§ 109-112 — TRANSFER OF TECHNOLOGY PROGRAMS

The act transfers, from OWC to Connecticut Innovations, Inc. (CII), the responsibility to coordinate the development and implementation of state and quasi-public agency strategies on technology-based talent and innovation. By law, this responsibility includes creating a state clearinghouse and technical assistance function to help applicants develop small business innovation research programs in conformity with a relevant federal program and other proposals.

By law, CII must provide funding for the Connecticut Small Business Innovation Research Office. The act specifies that CII must provide funding for the office's operations and that it do so as part of its coordination role described above.

EFFECTIVE DATE: Upon passage

§§ 114-116 — CONGRESSIONAL REDISTRICTING

The act:

1. requires the street map showing voting district lines that town clerks provide to the secretary of the state be in a printed or electronic format that the secretary prescribes;

2. accelerates the time within which town clerks must report election returns by voting district to the secretary for regular state elections;

3. requires town clerks in multi-district towns to certify that they have examined the results of any election or recount to determine whether there are discrepancies between total town votes and district-by-district votes, and if so, that they have notified the head moderators and corrected any such discrepancy; and

4. adopts the 1992 procedure for amending state and local political party rules, when necessitated by redistricting, during the second year after the census.

Voting District Maps

The law requires the town clerk in a town (1) divided between two or more General Assembly or congressional districts or (2) with two or more voting districts for legislative elections (state or congressional) to send the secretary of the state a street map showing the voting district boundaries. Previously, it did not specify a format for these maps. The act requires that they be in a printed or electronic format that the secretary prescribes.

By law, town clerks must submit new maps within 30 days of the effective day of any voting district boundary change. Pursuant to the state constitution and federal law, the secretary must provide the maps to the General Assembly for its use in reapportionment.

Election Returns

The act reduces, from 60 to 21 days after any regular state election, the deadline by which town clerks in towns with multiple voting districts must submit election returns showing district-by-district results. By law, head moderators report “election night returns” (i. e. , returns showing total town votes for each candidate) between midnight on Election Day and 6: 00 p. m. the following day, depending on the manner of filing.

The act requires town clerks to prepare the district-by-district returns on a form that the secretary of the state prescribes, which must present the data in tabular format. Under prior law, the secretary did not prescribe a format, but the returns had to be in tabular or summary form.

Additionally, the act requires town clerks to certify that they have examined the district-by-district returns to determine whether they conflict with the total town votes cast during the election, or in the case of a recount, the recount results. If they conflict, the town clerk must also certify that he or she has contacted the head moderator and corrected the discrepancy.

Amending Party Rules Following Census

The act adopts the 1992 procedure for passing amendments to state and local political party rules necessitated by redistricting and made during the second year following a U. S. decennial census (e. g. , 2012, 2022). Under that procedure, state rules can be amended by a majority vote of the state central committee; local rules can be amended by majority vote of town committee members. Amendments made during these years become effective when the chairperson or vice chairperson files them with the secretary of the state. Previously, these amendments were not effective until 60 days after filing with the secretary of the state.

EFFECTIVE DATE: Upon passage

§ 117 — TOURISM DISTRICT FUNDING

The act sets deadlines by which the $1. 8 million the budget appropriates to CCCT for the current five regional tourism districts must be distributed. The act requires $900,000 to be distributed equally among the five districts by December 31, 2009 and the remaining $900,000 to be distributed equally among the three consolidated districts by June 30, 2010. Table 1, above, identifies the towns comprising the districts.

EFFECTIVE DATE: Upon passage

§ 118 — SEX OFFENDERS IN HOMELESS SHELTERS

The act requires state-funded homeless shelters that house offenders listed on the sex offender registry to verify that offenders are residing there upon the request of law enforcement officers. It requires shelter operating policies to establish a procedure for releasing this information to these officers. Lastly, it prohibits shelters serving homeless families from providing residence to sex offenders.

By law, the sex offender registry maintains and disseminates information on people convicted or found not guilty by reason of mental disease or defect of (1) criminal offenses against minors, (2) nonviolent sexual offenses, (3) sexually violent offenses, and (4) felonies committed for a sexual purpose. The registry includes information on these offenders regardless of whether they are registered.

EFFECTIVE DATE: Upon passage

§§ 119-120 — TWEED-NEW HAVEN AIRPORT AUTHORITY

The act increases the membership of the Tweed-New Haven Airport Authority from 14 to 15 and revises the number of members appointed by each of the three appointing authorities.

Previously, the authority's 14 members consisted of nine appointed by the mayor of New Haven, two appointed by the mayor of East Haven, and three appointed by the South Central Regional Council of Governments. The act decreases the New Haven mayor's appointments from nine to eight, increases the East Haven mayor's appointments from two to five, and decreases the regional council's appointments from three to two. The act also designates the 13 mayoral appointees as special directors vested with the additional powers contained in the authority's bylaws.

The act also prohibits the airport authority from extending the paved runway length of Runway 2-20 past its existing 5,600 feet.

EFFECTIVE DATE: Upon passage

§§ 121-129 — JUVENILE PROSECUTORIAL OFFICIALS

The act provides that, within available appropriations, juvenile prosecutors employed by the Division of Criminal Justice on October 5, 2009 (1) are deemed to have been appointed by the Criminal Justice Commission and (2) have and must exercise all the powers and perform all the duties of an assistant state's attorney. It also provides that starting October 5, 2009 any “prosecutorial official” assigned to handle juvenile matters in the criminal session of the Superior Court will have been appointed by the Criminal Justice Commission.

Apparently the term “prosecutorial official” refers to the chief state's attorney, each deputy chief state's attorney, and each state's attorney, assistant state's attorney, and deputy assistant state's attorney (CGS §§ 51-278a & 51-287a).

The act makes numerous conforming changes.

EFFECTIVE DATE: Upon Passage

§§ 130-131 — GENERAL OBLIGATION (GO) BONDS FOR TOWN-AID ROAD PROGRAM

The act amends the bond act (PA 09-2 September Special Session) to specify that up to $8 million in GO bonds may be issued in FY 10 and in FY 11 for distribution under the town-aid road grant program. PA 09-2, SSS authorizes issuance of GO bonds for the program, but does not specify any amount. It also authorizes up to $22 million in special tax obligation bonds for this program in each of the two fiscal years.

EFFECTIVE DATE: Upon passage

§§ 135-136 — SENTENCING TRANSCRIPT

Prior law required the prosecutor to request that a transcript be prepared of any sentencing hearing at which a defendant is sentenced to a definite, non-suspended sentence of more than two years imprisonment and have a copy of it delivered to the Board of Pardons and Paroles.

The act instead:

1. requires the prosecutor to ask for the transcript on the record,

2. eliminates the prosecutor's duty to have a copy delivered to the board, and

3. requires the chief court administrator to provide a copy to the board, in a format the chief court administrator prescribes.

The act requires that during FYs 10 and 11, $50,000 of the Other Expenses account of the Division of Criminal Justice be transferred to the Judicial Department's Other Expenses account to carry out these requirements.

EFFECTIVE DATE: Upon passage

§ 137 — FAMILY SUPPORT COUNCIL

The act removes the four-year term of members appointed to the Department of Developmental Services' Family Support Council. It instead limits appointees' terms to the term of their appointing authority or until the member's successor is appointed and qualified, whichever is longer. It also specifies that appointing authorities may remove members at any time. The act applies these changes to currently serving, as well as future, appointees. It continues to limit appointes to a maximum of eight consecutive years on the council.

The council's appointed members consist of family members of, or individuals who advocate for, children with disabilities. They are appointed by the governor and legislative leaders.

EFFECTIVE DATE: Upon passage

§§ 139 & 141 — STATE PROPERTIES REVIEW BOARD (SPRB)

The act transfers the SPRB to DAS, but specifies that it has independent decision-making authority. Under prior law, the SPRB was an independent Executive Branch body.

The act eliminates SPRB's authority to employ personnel, including a secretary or clerk, and requires DAS to pay its reasonable expenses.

By law, the SPRB reviews (1) real estate acquisitions, sales, leases, and subleases proposed by the DPW commissioner; (2) the Department of Transportation commissioner's acquisition (other than by condemnation), sale, or lease of property; and (3) for approval or rejection, contracts for projects the DPW commissioner awards outside of the competitive bidding process (i. e. , fast-track projects).

EFFECTIVE DATE: Upon passage

§ 140 — STATEMENTS OF FINANCIAL INTERESTS

The act requires SPRB members and non-clerical employees of the DPW unit responsible for acquiring, leasing, and selling real property to complete the same statement of financial interests as other state officials and employees and file it at the same time, on May 1 of each year. Under prior law, these board members and employees filed a less detailed statement annually on April 15 if they held a position during the preceding calendar year. The law, unchanged by the act, requires them to file the statements with the Office of State Ethics (OSE) and the SPRB or DPW, respectively. The act also makes a conforming change by eliminating the requirement that SPRB employees file this financial information since § 139 removes the board's authority to have its own employees.

EFFECTIVE DATE: Upon passage

BACKGROUND — Statement of Financial Interests

By law, certain officials must annually file with OSE, by May 1, a statement of financial interests for the preceding calendar year. Generally, statements of financial interests must include:

1. the names of associated businesses;

2. all sources of income, including the name of each employer, with a description of each source over $1,000, without specifying the income amounts;

3. the names of securities over $5,000 owned by the individual, his or her spouse and children, or held in a corporation, partnership, or trust for them;

4. a list of all real property and its location and whether it is owned by the individual, his or her spouse or children, or held in a corporation, partnership, or trust for them;

5. the existence of any known blind trusts and trustees' names;

6. the names and addresses of creditors owed more than $10,000;

7. any state leases or contracts entered into by the individual or an associated business; and

8. a description of any partnership, joint ownership, or similar business affiliation between an associated business and a registered lobbyist, person doing or seeking to do business with the state, business engaged in activities regulated by the filer's agency, or business associated with the lobbyist or person.

§§ 142-152 & 190 — LEGISLATIVE COMMISSIONS

The act makes several changes affecting the six legislative commissions: the Latino and Puerto Rican Affairs Commission (LPRAC), African-American Affairs Commission (AAAC), Asian Pacific American Affairs Commission (APAAC), Commission on Aging, Permanent Commission on the Status of Women (PCSW), and Commission on Children.

The act eliminates the commissions' staffing and personnel authority and transfers it to the Joint Committee on Legislative Management (JCLM). It requires each commission to have an executive director, which, together with any other necessary staff, JCLM must employ. Under prior law, the commissions made staffing and personnel decisions.

The act expands the number of voting members on each commission and changes their duties and reporting requirements, among other things, making them uniform. Under the act, the six commissions generally have the same structure and must meet the same requirements.

The act makes conforming and technical changes, including repealing provisions that establish the membership of PCSW and the Commission on Children, and their terms of office (CGS §§ 46a-2 and 46a-127). It repeals a provision authorizing PCSW to request and receive information from state agencies and accept funding for its purposes (CGS § 46a-6). However, another provision gives the reconstituted PCSW these authorities. The act also repeals obsolete provisions concerning a PCSW reporting requirement and the appointment of Commission on Children members.

Duties

The act revises the commission's duties and makes them uniform with respect to their target population. As under prior law, they must comment on legislation, policies, programs, and services. However, the act generally eliminates requirements that applied only to certain commissions. For example, it removes the requirement that the:

1. LPRAA, AAAC, and APAAC encourage representation by members of their target population at all levels of state government, including state boards and commissions, and secure appropriate recognition for their accomplishments and contributions;

2. Commission on Aging review and comment on the budget of DSS' unit on aging and meet with state officials as needed to discuss issues affecting the elderly; and

3. Commission on Children receive requests from the Executive, Legislative, and Judicial branches for review and recommendation on any matter related to children.

Instead, the act requires each commission to focus its efforts on specified quality of life issues, with the following desired results for its target population:

1. health;

2. safety;

3. educational success;

4. economic self-sufficiency, or, freedom from poverty in the case of the Commission on Children; and

5. freedom from discrimination.

In addition, each must:

1. develop (a) appropriate population-level indicators of the state's progress in achieving the desired results and (b) strategies to improve progress on the indicators through a process involving all relevant partners, including state and local government agencies, the faith community, the business sector, nonprofit organizations, advocacy groups, and philanthropic organizations;

2. recommend to the General Assembly and governor new or enhanced policies, programs, and services to foster progress in achieving the desired results;

3. review and comment on any proposed state legislation or recommendations affecting their target population and provide copies to legislators;

4. advise the General Assembly and governor on coordinating and administering state programs affecting their target population;

5. gather and maintain current information concerning their target population statewide to better understand its status, condition, and contributions;

6. maintain a liaison between their target population and government agencies, including the General Assembly; and

7. conduct educational and outreach activities to raise awareness.

As under prior law, PCSW also had to promote the consideration of qualified women for leadership positions at all levels.

Powers

Under the act, each commission has the authority to:

1. use volunteer services that individuals, state or federal agencies, or organizations offer;

2. hold public hearings;

3. establish task forces, as necessary;

4. recommend policies concerning its target population to federal agencies or state political subdivisions;

5. inform leaders in business, education, government, and the media of the nature and scope of the problems its target population faces to try to enlist their support in working toward solutions; and

6. adopt regulations in accordance with the Uniform Administrative Procedures Act.

By law, they may also receive public or private funds and enter into contracts.

Under prior law, PCSW and the Commission on Children could already hold public hearings and establish task forces. The act extends to the five other commissions PCSW's existing authority to request and receive information or assistance from any state agency. It retains PCSW's authority to (1) hold fact finding hearings, issue subpoenas, administer oaths, compel testimony, or require the production of evidence and (2) receive and refer sex discrimination complaints to the Commission on Human Rights and Opportunities.

The act authorizes each commission to enter into an agreement with a state agency to maximize receipt of federal funds. Under such an agreement, a commission may accept a portion of the funding permitted by federal law.

Membership

The act increases to 21 the number of voting members on each commission. The Commission on Aging loses its nonvoting, ex-officio members while the Commission on Children retains them. The act shortens all new members' terms to two years. (Previously, most served three years, some served four, and some five. )

The legislative leaders appoint successors to their current appointments. The Senate president pro tempore and House speaker together appoint successors to any gubernatorial appointments currently serving. By law, appointing authorities fills vacancies and the commission elects a chairperson and vice-chairperson from among its members who serve for two years. Members are not compensated but they are reimbursed for expenses, including the performance of their duties, within available appropriations.

Qualifications for Appointment. Under prior law, most commission members had to be an expert in a specified field or a member of the public. The act eliminates these qualification requirements. Instead, for each commission, new members, their successors, and current members' successors must have experience with their target population as an advocate, academic, civic, or cultural leader. For every commission except PCSW, the act requires new members and their successors to reside in specified geographic regions. However, successors to current members are not subject to this requirement and may reside in any region.

The act eliminates a requirement that the Judiciary Committee co-chairpersons and ranking members serve as PCSW members. It replaces it with an appointment plan in which the Senate and House majority and minority leaders appoint (1) one new member each, regardless of geographic region and (2) successors, by region, to General Assembly members currently serving. For the latter appointments, the Senate majority leader must appoint from the southeastern region, the Senate minority leader from the southwestern region, the House majority leader from the northeastern region, and the House minority leader from the northwestern region.

Table 2 lists the commissions and shows the change in membership under the act, including their terms.

Table 2: Commission Membership

Tables 2 through 5 list the appointing authorities and new appointments according to geographic location for each commission except PCSW since, under the act, its new members may come from any region.

Table 3: New Appointments: LPRAC, AAAC, and APAAC

Table 4: New Appointments: Aging

Table 5: New Appointments: Children

Meetings and Attendance

Each commission must meet regularly to review matters pertaining to achieving the desired results. By law, a member is considered to have resigned if during any calendar year he or she misses (1) three consecutive meetings or (2) 50% of all meetings.

Under the act, a majority of the commission's members are needed to approve any (1) recommendations it makes to the governor or General Assembly or (2) specific advocacy before a state agency or the General Assembly.

Reporting

The act expands the commissions' reporting requirement. By January 1 annually, each commission must submit two separate reports: one to the Appropriations Committee and another to the General Assembly. They previously prepared one annual report, generally for the governor and General Assembly, on their activities and recommendations concerning the target population. (The Commission on Aging also had to submit its annual report to each municipality's legislative body. )

The report to the Appropriations Committee is a status report that must include information the commission has gathered concerning the target population's status, condition, and contributions.

The report to the General Assembly must:

1. identify desired qualify of life results;

2. display current trend data for the indicators related to each result;

3. identify barriers to progress on the indicators;

4. indentify the strategies intended to improve progress on the indicators; and

5. describe performance measures for the commission, including those for research, education, outreach, and partnership development.

EFFECTIVE DATE: Upon passage

§ 153 — COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES TRAINING

The act requires each member of the Commission on Human Rights and Opportunities (CHRO) to receive at least 10 hours of introductory training within two months of his or her appointment and before voting on any CHRO matter. A member who does not comply with this requirement within six months of appointment is considered to have resigned from the commission. Each year thereafter, the member must receive five hours of follow-up training. Both types of training must cover the laws governing employment, housing, public accommodation, and credit discrimination; affirmative action; and CHRO procedures. The managing director of CHRO's legal division must organize the training.

The act eliminates the CHRO's executive director's authority to appoint up to two hearing adjudicators to conduct hearing conferences, decide preliminary matters, and supervise settlement negotiations. There are currently no hearing adjudicators in CHRO. PA 98-245 changed the title of the employees charged with hearing discrimination cases from “hearing adjudicators” to “human rights referees. ”

EFFECTIVE DATE: Upon passage

§ 154 — HUMAN RIGHTS REFEREES

The act reduces the number of human rights referees over the next two years. On October 5, 2009, the number is reduced from seven to five. They serve until (1) the term they were appointed to fill expires or July 1, 2011, whichever is earlier, and (2) a successor is appointed and qualified. The governor fills any vacancies with the advice and consent of the General Assembly to serve until July 1, 2011.

Beginning July 1, 2011, the number of referees is reduced from five to three. As under current law, the governor appoints them with the advice and consent of the General Assembly to serve a three-year term.

The governor may remove any referee for cause.

EFFECTIVE DATE: Upon passage

§ 155 — TASK FORCE ON DIVISION OF ADMINISTRATIVE HEARINGS

The act establishes a 24-member task force to develop recommendations for establishing a Division of Administrative Hearings in CHRO to conduct impartial hearings on contested cases brought by or before the departments of Children and Families, Transportation, and Motor Vehicles; CHRO; and the Board of Firearms Permit Examiners.

The task force members are:

1. the chairpersons and ranking members of the Government Administration and Elections, Human Services, Judiciary, and Transportation committees, or their designees;

2. the commissioners of Children and Families, Transportation, and Motor Vehicles, or their designees;

3. the CHRO executive director or his designee;

4. a Board of Firearms Permit Examiners' member;

5. a member of the Connecticut Bar Association designated by its president;

6. a member of the PCSW appointed by the Senate president pro tempore; and

7. a legislator, appointed by the House speaker, with recognized leadership on issues of particular concern to racial minorities in the state, or the legislator's designee.

The taskforce has three chairpersons; two selected jointly by the House speaker and Senate president pro tempore from among the task force members and the OPM secretary or his designee.

The task force must make recommendations to the General Assembly by February 1, 2010 on:

1. the viability of placing the division in CHRO;

2. the scope of matters it will hear;

3. any federal considerations or restrictions, including funding issues related to hearing cases from the departments of Motor Vehicles, Transportation, and Children and Families;

4. the need to train administrative law adjudicators (ALA) in all matters and areas of the law to be heard by the division;

5. the requisite number of ALAs necessary to hear matters assigned to the division and the concomitant level of support staff;

6. procedures for appointing a chief ALA;

7. the transfer of state agency affirmative action plan responsibilities from the CHRO to DAS; and

8. the transfer of contractor affirmative action plan compliance responsibilities from CHRO to the Office of the Attorney General.

EFFECTIVE DATE: Upon passage

§§ 156, 163, & 187 — ELIMINATION OF OFFICE OF OMBUDSMAN FOR PROPERTY RIGHTS

The act eliminates the Office of Ombudsman for Property Rights, which under prior law was within OPM for administrative purposes only and required to:

1. develop expertise in the law regarding taking private property;

2. assist, on request, public agencies in applying eminent domain law and analyzing actions with potential eminent domain implications;

3. assist property owners, on request, concerning eminent domain procedures;

4. identify government actions with potential eminent domain implications and advise agencies, as appropriate;

5. inform the public about eminent domain laws and their rights;

6. mediate disputes between private property owners and public agencies concerning eminent domain or relocation assistance and hire an independent real estate appraiser to assist in mediation, within available appropriations; and

7. recommend changes in eminent domain laws to the legislature.

The act eliminates:

1. the position of ombudsman for property rights, a department head appointed by the governor with the consent of either house of the General Assembly;

2. the office's separate nonlapsing account in the General Fund;

3. requirements that public agencies (a) comply with the office's reasonable requests for information and assistance and (b) participate in mediation if requested to do so by the office;

4. restrictions governing office employees, including prohibiting them from knowingly accepting employment with a public agency with eminent domain powers or entities authorized to use eminent domain on their behalf for one year after leaving the office; and

5. requirements that public agencies seeking to acquire property by eminent domain (a) make a reasonable effort to negotiate with the property owner to buy the property before starting an eminent domain action and (b) provide the property owner with information about the ombudsman.

Statement of Compensation

The act eliminates provisions concerning the property rights ombudsman reviewing a statement of compensation for a taking under the redevelopment statutes or other takings that follow the procedures in the redevelopment statutes. The statement of compensation describes the property and the amount the agency offers to pay for it. It goes to the property's owner, who can appeal the agency's description and offer to Superior Court.

The act eliminates the option for the court to refer the statement to the ombudsman if the parties to the appeal file a motion to that effect. It eliminates the provisions that make the ombudsman's duties the same as those of the trial judge referee reviewing a statement.

§§ 157-162 — DAS AUTHORITY AND DUTIES CONCERNING SMALL ESTATES AND CONTRACTS

The act:

1. allows DAS to serve as the legal representative of more small estates for the purpose of collecting debts owed to the state;

2. requires the DAS commissioner to revoke or deny the prequalification of a contractor or substantial subcontractor based on the acts of his or her principal or key personnel;

3. requires that notice of most state public works contracts be posted on the state contracting portal on the Internet and eliminates a requirement that they be advertised in newspapers;

4. eliminates a requirement that DAS notify the public of examinations for positions in classified service by advertising in at least one newspaper in each congressional district and instead requires that notice be provided via the Internet;

5. extends to state agencies the authority to complete evaluations of subcontractors and substantial subcontractors by relying on evaluations completed by general contractors;

6. eliminates a requirement that contractors include a copy of their prequalification certificate with their bids on all public works contracts, other than Department of Transportation (DOT) contracts, and instead requires them to provide the certificate when the public agency soliciting the bids requests it;

7. specifies that subcontractors do not have to prequalify with DAS before performing work on highway, bridge, or construction projects administered by DOT;

8. clarifies that subcontractors must be prequalified by DAS before they perform work on any non-DOT-administered public works projects, instead of just building projects, if the total contract is valued at $500,000 or more; and

9. makes technical and conforming changes.

EFFECTIVE DATE: Upon passage

Small Estate Administration

The act doubles, from $20,000 to $40,000, the aggregate value of estates for which DAS may petition the probate court for appointment as legal representative. This is the threshold for filing an affidavit in lieu of administration in probate court. By law, DAS files these petitions when the (1) state has a claim against the estate for support or care provided to the decedent; (2) amount of the claim, together with other specified claims, equals or exceeds the value of the estate; and (3) value of the assets does not exceed $20,000.

Contractor Prequalification

The act allows the DAS commissioner to refuse to issue or renew a prequalification certificate if a contractor's or substantial subcontractor's principal or key staff member is convicted of, or admits to, acts or omissions that could have reasonably resulted in the contractor's or substantial subcontractor's disqualification.

It requires the commissioner to deny or revoke a contractor's or substantial subcontractor's prequalification if she finds that a principal or key staff member, within the past five years, (1) included a materially false statement in a prequalification application, update statement (i. e. , statement submitted when renewing or upgrading a prequalification certificate), or update bid statement; (2) was convicted of a crime, entered a plea of guilty or nolo contendere (no contest) for, or admitted to, a crime related to getting or performing a construction contract; or (3) engaged in some other fraud to get or stay prequalified. By law, the commissioner can deny or revoke the prequalification if the contractor or substantial contractor committed these acts.

The act also requires the commissioner to deny or revoke the prequalification of a contractor or substantial subcontractor who pleads guilty or no contest to a crime related to getting or performing a construction contract.

Notices of Public Works Construction Contracts

The act eliminates a requirement for (1) the DAS commissioner to place notices of bid solicitation for contracts over $50,000 in two publications, including one state newspaper, and on the Internet and (2) state public works contracts valued at $500,000, other than those administered by DOT, to be published in newspapers. It instead requires that the notices be posted on the state contracting portal.

It requires public agencies that receive state funds for all or part of public work projects valued at $500,000 or more to post notices of the contracts, other than DOT-administered contracts, on the state contracting portal. These public agencies must include the qualifications necessary for the contract in the notice. By law, DOT has its own prequalification program.

Under the act, “public agency” means all state and local governmental agencies, departments, institutions, bureaus, boards, and commissions, including executive, administrative, and legislative offices, and the administrative functions of the Judicial Branch and the Division of Criminal Justice.

Subcontractor Evaluations

By law, public agencies must evaluate the performance of contractors and subcontractors working on public projects. Any agency that fails to file a completed evaluation with the DAS commissioner within 70 days after a project is completed is ineligible for future state funds to complete such projects.

The act permits all public agencies, instead of just political subdivisions, to evaluate a subcontractor's or substantial subcontractor's performance by relying on the general contractor's evaluation of them. It absolves general contractors of liability for any harm an evaluation causes a subcontractor or substantial subcontractor. However, the general contractor may be liable for willful, wanton, or reckless actions related to the evaluations.

EFFECTIVE DATE: Upon passage

§§ 164 & 169 — GAMING POLICY BOARD

The act transfers the Gaming Policy Board to the Division of Special Revenue (DSR). Under prior law, it was located in the Department of Revenue Services for administrative purposes only. It requires DSR to provide the board with support staff. By law, the board works with DSR to implement and administer gaming laws.

EFFECTIVE DATE: Upon passage

§§ 165 & 166 – CAPITAL CITY ECONOMIC DEVELOPMENT AUTHORITY (CCEDA)

Executive Director

The act requires CCEDA's executive director to be an OPM staff member and eliminates the CCEDA board's authority to appoint the director. Prior law exempted the director from the classified civil service; the act eliminates this exemption.

The act also designates the executive director as (1) CCEDA's chief administrative officer and (2) project comptroller for the Adriaen's Landing project. By law, the OPM secretary must designate the project comptroller from his senior staff.

OPM Administrative Support and Services

The act allows OPM to provide a range of services to CCEDA through a memorandum of understanding (MOU) between the secretary and the authority. It authorizes both parties to enter into the MOU and specifies the services to be covered. Under the MOU, OPM must provide all administrative support and services, including support staff, needed to run CCEDA beginning or after July 1, 2010. The MOU must also allow CCEDA employees hired by OPM to carry over their years of service with CCEDA to the state employee retirement system.

The MOU may authorize OPM to administer CCEDA's contracts and accounts and specify how the management and operations of Rentschler Field and the convention center facilities will be coordinated. The latter include the convention center; related parking facilities; CCEDA-developed, owned, or operated on-site private developments; and the supporting central heating and cooling plant. The provisions for coordinating stadium and convention center facilities include joint procurement and contracting; sharing services and resources; coordinating promotional and booking activities; and other arrangements to boost attendance, increase revenues, lower costs, or operate more efficiently. The secretary and CCEDA must determine the appropriate terms and conditions for completing these tasks, including how CCEDA will reimburse OPM for the administrative support and services it provides.

EFFECTIVE DATE: July 1, 2010

§ 167 — INSURING CONVENTION CENTER FACILITIES

The act designates the convention center facilities as state-owned property for state insurance and self-insurance and authorizes the State Insurance and Risk Management Board to determine, purchase, and arrange insurance or self-insurance for them the same way it does for state-owned property.

EFFECTIVE DATE: July 1, 2010

§ 168 — CRIMINAL JUSTICE COMMISSION

The act transfers the Criminal Justice Commission from the Executive Branch for fiscal and budgetary purposes only to the Division of Criminal Justice. It requires the division to provide the commission support staff.

By law, the Criminal Justice Commission appoints the chief state's attorney, a state's attorney for each judicial district, and other prosecutorial positions. It may remove the chief state's attorney from office for misconduct, material neglect of duty, or incompetence and discipline or remove other prosecutors for just cause. The Division of Criminal Justice is charged with investigating and prosecuting crimes. It includes the state's attorney for each judicial district and the chief state's attorney as the administrative head.

EFFECTIVE DATE: Upon passage

§ 170 — DIVERSION OF WATER TO POWDER RIDGE SKI AREA

The act transfers to the town of Middlefield, regardless of the law imposing certain conditions on license transfer, the Department of Environmental Protection (DEP) permit issued on September 23, 2004 to Whitewater Mountain Resorts of Connecticut, Inc. (DIV-200102314, Revised) authorizing the diversion of water from Lake Beseck to the Powder Ridge ski area. It makes Middlefield the licensee of record, authorizes it to maintain the water diversion according to the permit terms, and makes it responsible for complying with all permit terms and conditions.

EFFECTIVE DATE: Upon passage

§ 171 — DEFINITION OF HEALTH INSURANCE POLICY

The act expands the definition of “health insurance policy” to include (a) travel health coverage and (b) single service ancillary health coverage, including dental, vision, or prescription drug coverage. By doing so, it subjects such insurance coverage to state insurance laws and regulations.

EFFECTIVE DATE: October 1, 2009

§ 172 — COLLINSVILLE DAMS

The act requires the DEP commissioner to execute an agreement with Canton, Avon, and Burlington that allows the towns to:

1. enter the upper and lower Collinsville dams on the Farmington River and associated structures, such as power houses or gate houses, and conduct physical examinations and studies of them to determine their feasibility for hydroelectric generation and

2. install, operate, and maintain hydroelectric generating facilities and associated appurtenances, including fish ladders, at the dams without adjusting river flows.

The commissioner can enter the agreement with some or all of the towns, under terms and conditions acceptable to her.

EFFECTIVE DATE: Upon passage

§ 176 —PAYMENT FOR SERVICES PROVIDED IN LONG-TERM ACUTE CARE HOSPITALS OR SATELLITE FACILITIES

The act reinstates a provision of law repealed by PA 09-3, SSS that requires that payments to hospitals based on DSS-established inpatient hospital rates include any inpatient service days provided in a new long-term acute care hospital or satellite facility established as a demonstration project.

EFFECTIVE DATE: Upon passage

§ 177 — FOOD DISTRIBUTION AT NONCOMMERCIAL FUNCTIONS

Existing law allows the sale of food at a noncommercial function such as an educational, religious, political, or charitable organization's bake sale or potluck supper if the food seller maintains it under the temperature, pH level, and water activity level conditions that will inhibit the rapid and progressive growth of infectious or toxigenic microorganisms. A “noncommercial function” is one where food is sold by a person not regularly engaged in the food selling business.

The act additionally allows for the distribution, as well as the sale, of food at such noncommercial functions. It redefines “noncommercial function” as one where (1) food is distributed or sold and (2) the seller or distributor is not regularly engaged in the for-profit food business.

EFFECTIVE DATE: Upon passage

§ 178 — FORENSIC SEX EVIDENCE EXAMS

The bill appropriates $1,021,060 to the Judicial Department in both FY 10 and FY 11 for forensic sex evidence exams. It requires the Office of Victim Services to administer the appropriations.

EFFECTIVE DATE: Upon passage

§ 179 — FINANCING PLAN TO RAISE GENERAL FUND REVENUE FOR FY 11

The act reduces the maximum amount of net General Fund revenue for FY 11 to be raised through a financing plan the state treasurer and the OPM secretary must jointly develop and submit to the chairpersons of the Appropriations and Finance, Revenue and Bonding committees by February 3, 2010. The budget act (PA 09-3, JSS) requires the plan to yield up to $1. 3 billion in net proceeds. This act reduces that total by $9. 3 million to $1. 2907 billion.

Under the budget act, the financing plan can include (1) “securitizing” revenue from the state lottery; (2) issuing bonds and other debt instruments or placing them privately; or (3) Connecticut's public pension and trust funds, such as the state, municipal employees', and teachers' retirement funds, purchasing state debt instruments. (“Securitization” allows the state to borrow against a future revenue stream. )

EFFECTIVE DATE: Upon passage

§ 180 — MEMORANDUM OF UNDERSTANDING TO REUNIFY INCARCERATED WOMEN WITH THEIR CHILDREN

The act requires the DCF and DOC commissioners to enter a MOU to develop a program to reunify incarcerated women with their children in the community when appropriate. The commissioners must submit a report to the Appropriations and Human Services committees by January 1, 2010 describing the program developed under the MOU and estimate the number of eligible individuals and the savings to be achieved. DCF and DOC can transfer funds between the agencies without the Finance Advisory Committee's consent to achieve savings related to the program.

EFFECTIVE DATE: Upon passage

§ 181 — FALSE CLAIMS ACT FOR DSS PROGRAMS

The act makes technical revisions to the provisions in PA 09-5, SSS pertaining to the False Claims Act for DSS Programs.

§ 182 — MEDICARE SAVINGS PROGRAM

The act makes technical revisions to the provisions in PA 09-5, SSS pertaining to the Medicare Savings Program.

§§ 183-186 — CONNECTICUT TELEVISION NETWORK

The act eliminates requirements that companies providing cable TV service under two types of certificates transmit the Connecticut Television Network (CTN) to all of their subscribers, including real-time transmission as technically feasible. These certificates have superseded traditional cable TV franchises.

Under prior law, the money in the public, educational and governmental programming and educational technology account was used for various purposes including supporting community (public, educational, and governmental) access TV and educational technology. The act requires that, when the balance of this account exceeds $150,000, the Department of Public Utility Control make a one-time transfer of $150,000 from the account to the Office of Legislative Management. Legislative Management must use this money for expenses related to connecting CTN with competitive video service providers in order to make CTN available to their subscribers (these providers include AT&T and certain cable TV companies).

The act specifies that CTN is the General Assembly's statewide 24-hour public affairs programming service, separate and distinct from community access channels. The latter phrase appears to mean that CTN does not count as an access channel under the statutes. Thus, it appears that the act excludes CTN from the law (CGS § 16-331a) that requires cable TV companies to carry all of their community access channels in their basic service package.

BACKGROUND — Cable TV Certificates

PA 07-253 allowed new entrants to the video services market to be certified as competitive video service providers. It allowed existing cable TV companies to obtain these certificates under certain circumstances. Alternatively it allowed cable TV companies to obtain certificates of cable franchise authority. The act imposed similar requirements with regard to community access on companies operating under both types of certificates.

EFFECTIVE DATE: Upon passage

§§ 187-189 — LONG ISLAND SOUND COMMEMORATIVE LICENSE PLATES

PA 09-3, JSS eliminated the Long Island Sound account (§ 22a-27k) and the Environmental Quality Fund in which it was placed (§ 22a-27g). The act (§ 392) required that fees collected from the sale of Long Island Sound commemorative license plates be deposited in the General Fund rather than the account.

This act re-establishes the Long Island Sound account as a separate, non-lapsing General Fund account and requires that all fees collected from the sale of the commemorative plates and any other funds designated for the account be deposited in the account. This apparently includes donations made to the Connecticut lighthouse preservation account, which PA 09-3, JSS, eliminated. It requires that all license plate fees transferred from the Long Island Sound account to the General Fund before October 5, 2009 be put in the Long Island Sound account the act creates.

EFFECTIVE DATE: Upon passage

BACKGROUND — Attorney General Opinion

Attorney General Richard Blumenthal advised Governor Rell, in an October 1, 2009 letter on the effect of PA 09-3, JSS, that the governor and legislature could transfer funds deposited in the Long Island Sound account to the General Fund on or after October 1, 2009, the date PA 09-3, JSS, § 392 took effect. But he advised the governor that Article Second of the Connecticut Constitution prohibited them from transferring to the General Fund those funds that were deposited in the account before that date.

OLR Tracking: SC/various/SS/ts