Connecticut Seal

General Assembly

 

Governor's Bill No. 839

January Session, 2009

 

LCO No. 3084

 

*03084__________*

Referred to Committee on Government Administration and Elections

 

Introduced by:

 

SEN. MCKINNEY, 28th Dist.

REP. CAFERO, 142nd Dist.

 

AN ACT CONCERNING MERGERS AND CONSOLIDATIONS OF VARIOUS STATE AGENCIES.

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

Section 1. (NEW) (Effective July 1, 2009) (a) On and after July 1, 2009, the State Board of Education shall assume all responsibilities of the Board of Governors of Higher Education pursuant to any provision of the general statutes. The transfer of functions, powers, duties, obligations, including, but not limited to, contract obligations, the continuance of orders and regulations, the effect upon pending actions and proceedings, the completion of unfinished business and the transfer of records and property between the Board of Governors of Higher Education, as said board existed immediately prior to July 1, 2009, and the State Board of Education shall be governed by the provisions of sections 4-38d and 4-39 of the general statutes.

(b) (1) Wherever the words "Board of Governors of Higher Education" are used or referred to in the following sections of the general statutes or any public or special acts, the words "State Board of Education" shall be substituted in lieu thereof: 3-22e, 4-9a, 4-38c, 4-67x, 4-89, 4-186, 4d-80, 4d-82, 5-160, 5-177, 5-242, 10-9, 10-16p, 10-19, 10-145a, 10-145b, 10-155d, 10-155e, 10-155l, 10-183b, 10-183n, 10-220a, 10-235, 10-236a, 10a-3, 10a-4, 10a-6, 10a-6b, 10a-7, 10a-8, 10a-9, 10a-10, 10a-10a, 10a-11, 10a-11a, 10a-12b, 10a-13, 10a-15, 10a-16, 10a-19, 10a-20, 10a-20a, 10a-22, 10a-22a, 10a-22x, 10a-24, 10a-25j, 10a-25o, 10a-25p, 10a-31, 10a-33, 10a-34, 10a-34a, 10a-34c, 10a-34d, 10a-34f, 10a-35, 10a-36, 10a-37, 10a-38, 10a-39, 10a-40, 10a-42, 10a-42b, 10a-42g, 10a-43, 10a-45, 10a-46, 10a-48, 10a-48b, 10a-49, 10a-51, 10a-54, 10a-66, 10a-72, 10a-74, 10a-77, 10a-78, 10a-87, 10a-89, 10a-99, 10a-102, 10a-104, 10a-105, 10a-132a, 10a-143, 10a-149, 10a-161, 10a-162a, 10a-163, 10a-163a, 10a-163b, 10a-164a, 10a-166, 10a-168, 10a-169, 10a-170, 10a-170b, 10a-170d, 10a-170l, 10a-170m, 10a-170u, 10a-170v, 10a-170w, 10a-203, 10a-210, 12-407, 19a-75, 20-37a, 20-206bb, 29-251b, 29-298a, 30-20a and 52-279.

(2) Wherever the words "Department of Higher Education" are used or referred to in the following sections of the general statutes or any public or special acts, the words "Department of Education" shall be substituted in lieu thereof: 4-89, 4-124x, 4-124y, 4-124aa, 4a-11, 4d-82, 5-155a, 5-198, 10-8c, 10-76i, 10-145b, 10-155d, 10-221a, 10a-1, 10a-6b, 10a-8b, 10a-8c, 10a-9, 10a-9a, 10a-10, 10a-11a, 10a-11b, 10a-12, 10a-14, 10a-15, 10a-17, 10a-17b, 10a-17c, 10a-17d, 10a-19c, 10a-19e, 10a-19f, 10a-22d, 10a-22h, 10a-22r, 10a-22u, 10a-25, 10a-25n, 10a-37, 10a-38, 10a-40, 10a-48, 10a-48a, 10a-54, 10a-65, 10a-77a, 10a-99a, 10a-109c, 10a-109i, 10a-143a, 10a-151, 10a-156a, 10a-161b, 10a-163, 10a-163a, 10a-163b, 10a-164a, 10a-168a, 10a-169a, 10a-169b, 10a-170a, 10a-170e, 10a-170i, 10a-170l, 10a-170r, 10a-170t, 10a-170u, 11-1, 14-19a, 17a-52, 17a-215c and 20-206bb.

(3) Wherever the term "Commissioner of Higher Education" is used or referred to in the following sections of the general statutes or any public or special acts, the term "Commissioner of Education" shall be substituted in lieu thereof: 3-22e, 4-124x, 4-124y, 4-124aa, 10-1, 10-16p, 10a-4a, 10a-6a, 10a-6b, 10a-8a, 10a-11b, 10a-12a, 10a-19a, 10a-19d, 10a-19e, 10a-19f, 10a-22a, 10a-22b, 10a-22n, 10a-22r, 10a-22s, 10a-22u, 10a-22v, 10a-34a, 10a-34b, 10a-34c, 10a-34d, 10a-34e, 10a-42g, 10a-48, 10a-48b, 10a-55a, 10a-72, 10a-77a, 10a-89, 10a-99a, 10a-104, 10a-109i, 10a-112g, 10a-143, 10a-143a, 10a-144, 10a-150, 10a-150b, 10a-161a, 10-161b, 10a-163, 10a-169a, 10a-169b, 10a-170c, 10a-170d, 10a-170h, 10a-170i, 10a-170k, 10a-170s, 10a-170t, 10a-203, 10a-224, 12-413b, 17a-52, 32-4f, 32-35, 32-39 and 32-717.

Sec. 2. Section 10-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

Prior to July 1, 1998, the State Board of Education shall consist of nine members. [On and after July 1, 1998] For the period from July 1, 1998, to June 30, 2009, the State Board of Education shall consist of eleven members, two of whom shall be nonvoting student members. On and after July 1, 2009, the State Board of Education shall consist of fifteen members, two of whom shall be nonvoting student members. The Governor shall appoint, with the advice and consent of the General Assembly, the members of said board, provided each student member (1) is on the list submitted to the Governor pursuant to section 10-2a, (2) is enrolled in a public high school in the state, (3) has completed eleventh grade prior to the commencement of his term, (4) has at least a B plus average, and (5) provides at least three references from teachers in the school he is attending. Nine members shall serve for terms of four years commencing on March first in the year of their appointment. The student members shall serve for terms of one year commencing on July first in the year of their appointment. [The Commissioner of Higher Education shall serve as an ex-officio member without a vote.] Any vacancy in said State Board of Education shall be filled in the manner provided in section 4-19.

Sec. 3. Section 10-3a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) There shall be a Department of Education which shall serve as the administrative arm of the State Board of Education. The department shall be under the direction of the Commissioner of Education, whose appointment shall be recommended to the Governor by the State Board of Education for a term of four years to be coterminous with the term of the Governor. Such appointment shall be in accordance with the provisions of sections 4-5 to 4-7, inclusive. The Commissioner of Education shall be the administrative officer of the department and shall administer, coordinate and supervise the activities of the department in accordance with the policies established by the board.

(b) The State Board of Education, subject to subsection (c) of this section, shall organize the Department of Education into such bureaus, divisions and other units as may be necessary for the efficient conduct of the business of the department, and may, from time to time, create, abolish, transfer or consolidate within the department any bureau, division or other unit as may be necessary for the efficient conduct of the business of said board. Upon such organization or reorganization the board shall adopt regulations pursuant to the provisions of chapter 54. The board may create such advisory boards as it deems necessary for the efficient conduct of the business of the department.

(c) There shall be a Bureau of Higher Education within the Department of Education.

Sec. 4. Section 10a-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

There shall be a state system of public higher education to consist of (1) The University of Connecticut and all branches thereof, (2) the state colleges, which shall be known collectively as the Connecticut State University System, (3) the regional community-technical colleges, (4) the Board for State Academic Awards, and (5) the staff of the [Department] Bureau of Higher Education within the Department of Education as established pursuant to section [10a-5] 10-3a, as amended by this act. "Constituent units" as used in the general statutes means those units in subdivisions (1) to (4), inclusive, of this section.

Sec. 5. Subsection (a) of section 4-9a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) The Governor shall appoint the chairperson and executive director, if any, of all boards and commissions within the Executive Department, except the [Board of Governors of Higher Education, provided the Governor shall appoint the initial chairman of said board as provided in section 10a-2, the] State Properties Review Board, the State Elections Enforcement Commission, the Commission on Human Rights and Opportunities, the Citizen's Ethics Advisory Board, the Commission on Aging and the Commission on Fire Prevention and Control.

Sec. 6. Section 10a-9 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

The [Board of Governors of Higher Education established pursuant to section 10a-2] State Board of Education, in consultation with the Office of Policy and Management, the constituent units and others as appropriate, shall develop a comprehensive planning, budgeting and management information system for public higher education. The Department of [Higher] Education shall develop a three-part planning process which shall consist of the following elements:

(1) Five-year operating plans updated annually, which shall be based on an assessment of state and local educational needs, projections of costs and revenues, state-wide and regional enrollment patterns, full and part-time student mix, program demand and such other factors as may be appropriate. The board of trustees of each constituent unit shall collect and provide data for each institution under its jurisdiction and shall assess such information for use in the development of the five-year operating plan and its annual updates.

(2) Five-year facility and capital plans, updated annually, which shall be based on ten-year demographic and fiscal trends and the educational requirements of the system including the utilization of existing facilities and the need for new facilities. The board of trustees of each constituent unit shall submit to the State Board of [Governors of Higher] Education a prioritized list of capital projects based on the facility planning and capital expenditure needs of the institutions under its jurisdiction, to be reviewed and included, with such recommendations as may be made by the board of governors, in the five-year facilities and capital plan.

(3) Criteria which shall identify, and a special plans procedure which, on consultation with the institution and constituent unit involved, shall resolve serious organizational and operational weaknesses at an institution within the state system of higher education.

Sec. 7. Section 4b-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) There is established a State Properties Review Board which shall consist of six members appointed as follows: The speaker of the House and president pro tempore of the Senate shall jointly appoint three members, one of whom shall be experienced in matters relating to architecture, one experienced in building construction matters and one in matters relating to engineering; and the minority leader of the House and the minority leader of the Senate shall jointly appoint three members, one of whom shall be experienced in matters relating to the purchase, sale and lease of real estate and buildings, one experienced in business matters generally and one experienced in the management and operation of state institutions. No more than three of said six members shall be of the same political party. One of the members first appointed by the speaker and the president pro tempore shall serve a two-year term, one shall serve a three-year term and one shall serve a four-year term. One of the members first appointed by the minority leaders of the House and Senate shall serve a two-year term, one shall serve a three-year term and one shall serve a four-year term. All appointments of members to replace those whose terms expire shall be for a term of four years and until their successors have been appointed and qualified. If any vacancy occurs on the board, the appointing authorities having the power to make the initial appointment under the provisions of this section shall appoint a person for the unexpired term in accordance with the provisions hereof.

(b) The chairman of the board shall be compensated two hundred dollars per diem up to a maximum of thirty thousand dollars annually. Other members of the board shall be compensated two hundred dollars per diem up to a maximum of twenty-five thousand dollars annually. The members of the board shall choose their own chairman. No person shall serve on this board who holds another state or municipal governmental position and no person on the board shall be directly involved in any enterprise which does business with the state or directly or indirectly involved in any enterprise concerned with real estate acquisition or development.

(c) The board may adopt such rules as it deems necessary for the conduct of its internal affairs, in accordance with section 4-167. [, and may employ a secretary, a clerk, and within its budget, such employees as it shall deem necessary] The Department of Administrative Services shall provide staff support for the board.

(d) Notwithstanding any other statute or special act to the contrary, the Commissioner of Public Works shall be the sole person authorized to represent the state in its dealings with third parties for the acquisition, construction, development or leasing of real estate for housing the offices or equipment of all agencies of the state or for the state-owned public buildings or realty hereinafter provided for in sections 2-90, 4b-1 to 4b-5, inclusive, as amended by this act, 4b-21, 4b-23, 4b-24, 4b-26, 4b-27, 4b-30 and 4b-32, subsection (c) of section 4b-66 and sections 4b-67 to 4b-69, inclusive, 4b-71, 4b-72, 10-95, 10a-72, 10a-89, 10a-90, 10a-114, 10a-130, 10a-144, 17b-655, 22-64, 22a-324, 26-3, 27-45, 32-1c, 32-39, 48-9, 51-27d and 51-27f, except that the Joint Committee on Legislative Management may represent the state in the planning and construction of the Legislative Office Building and related facilities, in Hartford; the Chief Court Administrator may represent the state in providing for space for the Court Support Services Division as part of a contract for an alternative incarceration program pursuant to section 54-103b; the board of trustees of a constituent unit of the state system of higher education may represent the state in the leasing of real estate for housing the offices or equipment of such constituent unit, provided no lease payments for such realty are made with funds generated from the general revenues of the state; the Labor Commissioner may represent the state in the leasing of premises required for employment security operations as provided in subsection (c) of section 31-250; the Commissioner of Developmental Services may represent the state in the leasing of residential property as part of the program developed pursuant to subsection (b) of section 17a-218, provided such residential property does not exceed two thousand five hundred square feet, for the community placement of persons eligible to receive residential services from the department; and the Connecticut Marketing Authority may represent the state in the leasing of land or markets under the control of the Connecticut Marketing Authority, and, except for the housing of offices or equipment in connection with the initial acquisition of an existing state mass transit system or the leasing of land by the Connecticut Marketing Authority for a term of one year or more in which cases the actions of the Department of Transportation and the Connecticut Marketing Authority shall be subject to the review and approval of the State Properties Review Board. The Commissioner of Public Works shall have the power to establish and implement any procedures necessary for the commissioner to assume the commissioner's responsibilities as said sole bargaining agent for state realty acquisitions and shall perform the duties necessary to carry out such procedures. The Commissioner of Public Works may appoint, within the commissioner's budget and subject to the provisions of chapter 67, such personnel deemed necessary by the commissioner to carry out the provisions hereof, including experts in real estate, construction operations, financing, banking, contracting, architecture and engineering. The Attorney General's office, at the request of the commissioner, shall assist the commissioner in contract negotiations regarding the purchase, lease or construction of real estate.

(e) The State Properties Review Board shall be [an independent body within the Executive Department] within the Department of Administrative Services.

(f) The State Properties Review Board shall review real estate acquisitions, sales, leases and subleases proposed by the Commissioner of Public Works, the acquisition, other than by condemnation, or the sale or lease of any property by the Commissioner of Transportation under subdivision (12) of section 13b-4, subject to section 4b-23 and subsection (h) of section 13a-73 and review, for approval or disapproval, any contract for a project described in subsection (h) of section 4b-91. Such review shall consider all aspects of the proposed actions, including feasibility and method of acquisition and the prudence of the business method proposed. The board shall also cooperate with and advise and assist the Commissioner of Public Works and the Commissioner of Transportation in carrying out their duties. The board shall have access to all information, files and records, including financial records, of the Commissioner of Public Works and the Commissioner of Transportation, and shall, when necessary, be entitled to the use of personnel employed by said commissioners. The board shall approve or disapprove any acquisition of development rights of agricultural land by the Commissioner of Agriculture under section 22-26cc. The board shall hear any appeal under section 8-273a and shall render a final decision on the appeal within thirty days thereafter. The written decision of the board shall be a final decision for the purposes of sections 4-180 and 4-183.

Sec. 8. Section 4b-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) No [employee of the Properties Review Board shall hold another state or municipal position, nor shall any such employee or any] nonclerical employee in the unit in the Department of Public Works which is responsible for acquiring, leasing and selling real property on behalf of the state [,] shall be directly involved in any enterprise which does business with the state or be directly or indirectly involved in any enterprise concerned with real estate acquisition or development. Each member [and employee] of the State Properties Review Board shall file, with the board and with the Office of State Ethics, and each such employee of the department shall file, with the department and with the Office of State Ethics, a financial statement indicating all sources of business income of such person in excess of one thousand dollars, and the name of any business with which he is associated, which shall have the same meaning as defined in section 1-79. Such statement shall be a public record. Financial statements for the preceding calendar year shall be filed with the commission on or before April fifteenth of each year if the employee or member held such a position during the preceding calendar year.

(b) The provisions of sections 1-82, 1-82a and 1-88 shall apply to any alleged violation of this section.

Sec. 9. Section 4a-19 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

There shall be a State Insurance and Risk Management Board consisting of eleven persons whom the Governor shall appoint subject to the provisions of section 4-9a, as amended by this act. Four of such appointees shall be public members and seven shall be qualified by training and experience to carry out their duties under the provisions of sections 4a-20 and 4a-21. The Comptroller shall be an ex-officio voting member of said board and may designate another person to act in his place. Not more than six appointed members of said board shall, at any time, be members of the same political party. Said appointed members shall receive no compensation for the performance of their duties as such but shall be reimbursed for their necessary expenses. The Governor may fill any vacancy on said board for the unexpired portion of the term. The board shall meet at least once during each calendar quarter and at such other times as the chairperson deems necessary. Special meetings shall be held on the request of a majority of the board after notice in accordance with the provisions of section 1-225. A majority of the members of the board shall constitute a quorum. Any member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from office. No member shall serve more than two full consecutive terms which commence on or after July 1, 1983. Said board shall be within the [Office of the State Comptroller for administrative purposes only] Department of Administrative Services. Said department shall provide staff support for the board.

Sec. 10. Section 4-142a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) The Claims Commissioner shall be appointed by the Governor with the advice and consent of the General Assembly to serve for a term of four years from the first day in July in the year of his appointment and until his successor has been appointed and has qualified. The commissioner shall be an attorney-at-law and shall have been admitted to practice before the courts of the state of Connecticut for at least five years prior to his appointment. The commissioner shall receive such compensation as is fixed under the provisions of section 4-40. The commissioner may enter into such contractual agreements, in accordance with established procedures, as may be necessary for the discharge of his duties. Subject to the provisions of section 4-32, and unless otherwise provided by law, the commissioner is authorized to receive any money, revenue or services from the federal government, corporations, associations or individuals, including payments from the sale of printed matter or any other materials or services.

(b) The Office of the Claims Commissioner shall be within the [office of the Comptroller for administrative purposes only] Department of Administrative Services.

Sec. 11. Section 4-142b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

[The Claims Commissioner shall appoint and may at his pleasure remove a clerk of the Office of the Claims Commissioner and may employ such assistants as he finds necessary to administer the provisions of this chapter. The clerk of the Office of the Claims Commissioner and such assistants shall be in the unclassified service and shall receive such compensation as is fixed under the provisions of section 4-40.] The Department of Administrative Services shall provide staff support for the Office of the Claims Commissioner. The Claims Commissioner shall maintain a permanent office in Hartford County in such suitable space as the Commissioner of Public Works provides. All papers required to be filed with the Claims Commissioner shall be delivered to such office.

Sec. 12. Section 20-280 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) There shall be a State Board of Accountancy which shall consist of nine members, to be appointed by the Governor, all of whom shall be residents of this state, five of whom shall hold current, valid licenses to practice public accountancy and four of whom shall be public members. Any persons serving on the board prior to October 1, 1992, shall continue to serve until a successor is appointed. Whenever an appointment of a licensee to the state board is to be made, the Connecticut Society of Certified Public Accountants shall submit to the Governor the names of five persons qualified for membership on the board and the Governor shall appoint one of such persons to said board, subject to the provisions of section 4-10. The Governor shall select a chairperson pursuant to section 4-9a, as amended by this act. The term of each member of the board shall be coterminous with that of the Governor. Vacancies occurring during a term shall be filled by appointment by the Governor for the unexpired portion of the term. Upon the expiration of a member's term of office, such member shall continue to serve until his successor has been appointed. Any member of the board whose license under section 20-281d is revoked or suspended shall automatically cease to be a member of the board. No person who has served two successive complete terms shall be eligible for reappointment to the board. Appointment to fill an unexpired term shall not be considered to be a complete term. Any member who, without just cause, fails to attend fifty per cent of all meetings held during any calendar year shall not be eligible for reappointment.

(b) The board shall meet at such times and places as may be fixed by the board and shall meet at least once in every quarter of a calendar year. A majority of the board members then serving shall constitute a quorum at any meeting duly called. The board shall have a seal which shall be judicially noticed. The board shall maintain a registry of the names and addresses of all licensees and registrants under sections 20-279b to 20-281m, inclusive, as amended by this act, and shall have responsibility for the administration and enforcement of said sections.

(c) Each member of the board shall be reimbursed for his actual and necessary expenses incurred in the discharge of his official duties.

(d) The board shall annually cause to be printed a directory which shall contain the names, arranged alphabetically, of all licensees and registrants under sections 20-279b to 20-281m, inclusive, as amended by this act.

(e) The board [, subject to the provisions of chapter 67, may employ an executive director and such other personnel as may be necessary to carry out the provisions of sections 20-279b to 20-281m, inclusive. The board may enter into such contractual agreements as may be necessary for the discharge of its duties, within the limit of its appropriated funds and in accordance with established procedures, as it deems necessary in its administration and enforcement of said sections. It may appoint committees or persons to advise or assist the board in such administration and enforcement as it may see fit] shall be within the Department of Consumer Protection. Said department shall provide staff support for the board.

(f) The board shall have the power to take all action that is necessary and proper to effectuate the purposes of sections 20-279b to 20-281m, inclusive, as amended by this act, including the power to issue subpoenas to compel the attendance of witnesses and the production of documents; to administer oaths; to take testimony and to receive evidence concerning all matters within its jurisdiction. In case of disobedience of a subpoena, the board may invoke the aid of any court of this state in requiring the attendance and testimony of witnesses and the production of documentary evidence. The board, its members, and its agents shall be immune from personal liability for actions taken in good faith in the discharge of the board's responsibilities, and the state shall indemnify and hold harmless the board, its members, and its agents from all costs, damages, and attorneys' fees arising from claims and suits against them with respect to matters to which such immunity applies.

(g) The board may adopt rules, in accordance with chapter 54, governing its administration and enforcement of sections 20-279b to 20-281m, inclusive, as amended by this act, and the conduct of licensees and registrants, including, but not limited to:

(1) Regulations governing the board's meetings and the conduct of its business;

(2) Regulations concerning procedures governing the conduct of investigations and hearings by the board;

(3) Regulations specifying the educational qualifications required for the issuance of certificates under section 20-281c, the experience required for initial issuance of certificates under section 20-281c and the continuing professional education required for renewal of licenses under subsection (e) of section 20-281d;

(4) Regulations concerning professional conduct directed to controlling the quality and probity of the practice of public accountancy by licensees, and dealing among other things with independence, integrity, objectivity, competence, technical standards, responsibilities to the public and responsibilities to clients;

(5) Regulations specifying actions and circumstances that shall be deemed to constitute holding oneself out as a licensee in connection with the practice of public accountancy;

(6) Regulations governing the manner and circumstances of use by holders of certificates who do not also hold licenses under sections 20-279b to 20-281m, inclusive, as amended by this act, of the titles "certified public accountant" and "CPA";

(7) Regulations regarding quality reviews that may be required to be performed under the provisions of sections 20-279b to 20-281m, inclusive, as amended by this act;

(8) Regulations implementing the provisions of section 20-281l, including, but not limited to, specifying the terms of any disclosure required by subsection (d) of said section 20-281l, the manner in which such disclosure is made and any other requirements the board imposes with regard to such disclosure. Such regulations shall require that any disclosure: (A) Be in writing and signed by the recipient of the product or service; (B) be clear and conspicuous; (C) state the amount of the commission or the basis on which the commission will be calculated; (D) identify the source of the payment of the commission and the relationship between such source and the person receiving payment; and (E) be presented to the client at or prior to the time the recommendation of the product or service is made;

(9) Regulations establishing the due date for any fee charged pursuant to sections 20-281c, 20-281d and 20-281e. Such regulations may establish the amount and due date of a late fee charged for the failure to remit payment of any fee charged pursuant to sections 20-281c, 20-281d and 20-281e; and

(10) Such other regulations as the board may deem necessary or appropriate for implementing the provisions and the purposes of sections 20-279b to 20-281m, inclusive, as amended by this act.

Sec. 13. Section 22a-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

There shall be a Council on Environmental Quality which shall be within the Department of Environmental Protection. [for administrative purposes only.] Said council shall consist of nine members, five to be appointed by the Governor, two to be appointed by the speaker of the House of Representatives and two to be appointed by the president pro tempore of the Senate. No member shall be allowed to serve more than eight years of any twelve-year period. The Governor shall fill any vacancy by appointment for the unexpired portion of the term vacated. The chairman of said council shall be selected by the Governor. Members of said council shall receive no compensation for their services thereon, but shall be reimbursed for necessary expenses in the performance of their duties. Said council shall hold one meeting each month and such additional meetings as may be prescribed by council rules. In addition, special meetings may be called by the chairman or by any three members upon delivery of forty-eight hours' written notice to each member. Five members shall constitute a quorum and not fewer than three votes shall be required for any final determination of said council. [The council may employ an executive director, exclusive of the provisions of chapter 67 and such additional staff and consultants as may be necessary to carry out its duties, within available appropriations.]

Sec. 14. Section 17a-50 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) There is established a Children's Trust Fund, the resources of which shall be used by [the council established pursuant to subsection (b) of this section] the Commissioner of Children and Families with the advice of the State Advisory Council on Children and Families to fund programs aimed at preventing child abuse and neglect and family resource programs. Said fund is intended to be in addition to those resources that would otherwise be appropriated by the state for programs aimed at preventing child abuse and neglect and family resource programs. The [Children's Trust Fund Council] commissioner may apply for and accept any federal funds which are available for a Children's Trust Fund and shall administer such funds in the manner required by federal law. The fund shall receive money from grants and gifts made pursuant to section 17a-18, as amended by this act. [The Children's Trust Fund Council] The commissioner may solicit and accept funds, on behalf of the Children's Trust Fund, to be used for the prevention of child abuse and neglect and family resource programs. The Commissioner of Children and Families, with the advice of the State Advisory Council on Children and Families, shall adopt regulations, in accordance with the provisions of chapter 54, to administer the fund and to set eligibility requirements for programs seeking funding. [Youth service bureaus may receive funds from the Children's Trust Fund. The Parent Trust Fund, established pursuant to subsection (c) of this section, may receive funds directed to it through the Children's Trust Fund.]

[(b) There shall be established, within existing resources, a Children's Trust Fund Council which shall be within the Department of Children and Families for administrative purposes only. The council shall be composed of sixteen members as follows: (1) The Commissioners of Social Services, Education, Children and Families and Public Health, or their designees; (2) a representative of the business community with experience in fund-raising, appointed by the president pro tempore of the Senate; (3) a representative of the business community with experience in fund-raising, appointed by the speaker of the House of Representatives; (4) a representative of the business community with experience in fund-raising, appointed by the minority leader of the House of Representatives; (5) a representative of the business community with experience in fund-raising, appointed by the minority leader of the Senate; (6) a parent, appointed by the majority leader of the House of Representatives; (7) a parent, appointed by the majority leader of the Senate; (8) a parent, appointed by the president pro tempore of the Senate; (9) a person with expertise in child abuse prevention, appointed by the speaker of the House of Representatives; (10) a person with expertise in child abuse prevention, appointed by the minority leader of the House of Representatives; (11) a staff member of a child abuse prevention program, appointed by the minority leader of the Senate; (12) a staff member of a child abuse prevention program, appointed by the majority leader of the House of Representatives; and (13) a pediatrician, appointed by the majority leader of the Senate. The council shall solicit and accept funds, on behalf of the Children's Trust Fund, to be used for the prevention of child abuse and neglect and family resource programs, or on behalf of the Parent Trust Fund, to be used for parent community involvement to improve the health, safety and education of children, and shall make grants to programs pursuant to subsections (a) and (c) of this section. The council may, subject to the provisions of chapter 67, employ an executive director and any necessary staff within available appropriations.

(c) There is established a Parent Trust Fund which shall be used to fund programs aimed at improving the health, safety and education of children by training parents in civic leadership skills and supporting increased, sustained, quality parental engagement in community affairs. The fund shall receive federal or private money from grants and gifts made pursuant to section 17a-18.]

[(d)] (b) On or before July 1, [1997] 2010, and annually thereafter, the [Children's Trust Fund Council] commissioner shall report, in accordance with the provisions of section 11-4a, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to human services, public health and education concerning the source and amount of funds received by the Children's Trust Fund [and the Parent Trust Fund,] and the manner in which such funds were administered and disbursed.

Sec. 15. Section 17a-50a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

A grandparent or other relative caregiver who is appointed a guardian of a child or children through the Superior Court and who is not a recipient of subsidized guardianship subsidies under section 17a-126 or foster care payments from the Department of Children and Families shall, within available appropriations, be eligible to apply for grants under the Kinship Fund and Grandparents and Relatives Respite Fund administered by the [Children's Trust Fund Council] Department of Children and Families through the Probate Court.

Sec. 16. Subsection (a) of section 4-67x of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

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

Sec. 17. Section 17a-18 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

The Commissioner of Children and Families may accept and receive on behalf of the department or any institution or facility thereof, or on behalf of the Children's Trust Fund, [or the Parent Trust Fund established pursuant to section 17a-50,] subject to section 4b-22, any bequest, devise or grant made to the department or to any institution or facility thereof, or to the Children's Trust Fund [or the Parent Trust Fund,] and may hold and use such property for the purpose specified in such bequest, devise or gift.

Sec. 18. Subsection (a) of section 17a-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) There shall be a State Advisory Council on Children and Families which shall consist of seventeen members appointed by the Governor, including at least five persons who are child care professionals, one child psychiatrist licensed to practice medicine in this state, [and] at least one attorney and at least one person with expertise in child abuse prevention. The balance of the advisory council shall be representative of young persons, parents and others interested in the delivery of services to children and youths. No less than fifty per cent of the council's members shall be parents or family members of children who have received, or are receiving, behavioral health services, child welfare services or juvenile services and no more than half the members of the council shall be persons who receive income from a private practice or any public or private agency that delivers mental health, substance abuse, child abuse prevention and treatment, child welfare services or juvenile services. Members of the council shall serve without compensation, except for necessary expenses incurred in the performance of their duties. Members shall serve on the council for terms of two years each and no member shall serve for more than two consecutive terms. The commissioner shall be an ex-officio member of the council without vote and shall attend its meetings. Any member who fails to attend three consecutive meetings or fifty per cent of all meetings during any calendar year shall be deemed to have resigned. The council shall elect a chairperson and vice-chairperson to act in the chairperson's absence.

Sec. 19. Section 46a-13k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

[(a)] There is established [an Office of the] a Child Advocate within the Office of the Attorney General. The Governor, with the approval of the General Assembly, shall appoint a person with knowledge of the child welfare system and the legal system [to fill the Office of] as the Child Advocate. [Such person shall be qualified by training and experience to perform the duties of the office as set forth in section 46a-13l. The appointment shall be made from a list of at least three persons prepared and submitted by the advisory committee established pursuant to section 46a-13q. Upon any vacancy in the position of Child Advocate, the advisory committee shall meet to consider and interview successor candidates and shall submit to the Governor a list of no less than five and no more than seven of the most outstanding candidates, not later than sixty days after the occurrence of said vacancy. Such list shall rank the candidates in the order of committee preference. Upon receipt of the list of candidates from the advisory committee, the Governor shall designate a candidate for Child Advocate from among the choices within eight weeks of receipt of such list. If at any time any of the candidates withdraw from consideration prior to confirmation by the General Assembly, the designation shall be made from the remaining candidates on the list submitted to the Governor. If a candidate has not been designated by the Governor within the eight-week time period, the candidate ranked first shall receive the designation and be referred to the General Assembly for confirmation.] If the General Assembly is not in session, the designated candidate shall serve as acting Child Advocate and be entitled to the compensation, privileges and powers of the Child Advocate until the General Assembly meets to take action on said appointment. The person appointed Child Advocate shall serve for a term of [four] two years and may be reappointed or shall continue to hold office until such person's successor is appointed and qualified. [Upon any vacancy in the position of Child Advocate and until such time as a candidate has been confirmed by the General Assembly or, if the General Assembly is not in session, has been designated by the Governor, the Associate Child Advocate shall serve as the acting Child Advocate and be entitled to the compensation, privileges and powers of the Child Advocate.]

[(b) The Office of the Child Advocate shall be in the Department of Administrative Services for administrative purposes only.

(c) Notwithstanding any other provision of the general statutes, the Child Advocate shall act independently of any state department in the performance of his duties.

(d) The Child Advocate may, within available funds, appoint such staff as may be deemed necessary provided, for the fiscal years ending June 30, 1996, and June 30, 1997, such staff shall not exceed one and one-half full-time positions or the equivalent thereof. The duties of the staff may include the duties and powers of the Child Advocate if performed under the direction of the Child Advocate.

(e) The General Assembly shall annually appropriate such sums as necessary for the payment of the salaries of the staff and for the payment of office expenses and other actual expenses incurred by the Child Advocate in the performance of his duties. Any legal or court fees obtained by the state in actions brought by the Child Advocate shall be deposited in the General Fund.

(f) The Child Advocate shall annually submit to the Governor and the General Assembly a detailed report analyzing the work of the Office of the Child Advocate.]

Sec. 20. Section 46a-13l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) The Child Advocate [shall] may:

(1) Evaluate the delivery of services to children by state agencies and those entities that provide services to children through funds provided by the state and recommend changes to policies, procedures and systems with a view toward the rights of children;

[(2) Review periodically the procedures established by any state agency providing services to children to carry out the provisions of sections 46a-13k to 46a-13q, inclusive, with a view toward the rights of the children and recommend revisions to such procedures;]

[(3)] (2) Review complaints of persons concerning the actions of any state or municipal agency providing services to children and of any entity that provides services to children through funds provided by the state, make appropriate referrals and investigate those where the Child Advocate determines that a child or family may be in need of assistance from the Child Advocate or that a systemic issue in the state's provision of services to children is raised by the complaint;

[(4)] (3) Pursuant to an investigation, provide assistance to a child or family who the Child Advocate determines is in need of such assistance including, but not limited to, advocating with an agency, provider or others on behalf of the best interests of the child;

[(5) Periodically review the facilities and procedures of any and all institutions or residences, public or private, where a juvenile has been placed by any agency or department;

(6) Recommend changes in state policies concerning children including changes in the system of providing juvenile justice, child care, foster care and treatment;

(7) Take all possible action including, but not limited to, conducting]

(4) Conduct programs of public education, [undertaking] undertake legislative advocacy and [making] make proposals for systemic reform and formal legal action, in order to secure and ensure the legal, civil and special rights of children who reside in this state; and

[(8)] (5) Provide training and technical assistance to attorneys representing children and guardians ad litem appointed by the Superior Court. [;]

[(9) Periodically review the number of special needs children in any foster care or permanent care facility and recommend changes in the policies and procedures for the placement of such children;

(10) Serve or designate a person to serve as a member of the child fatality review panel established in subsection (b) of this section; and

(11) Take appropriate steps to advise the public of the services of the Office of the Child Advocate, the purpose of the office and procedures to contact the office.]

(b) There is established a child fatality review panel composed of thirteen permanent members as follows: The Child Advocate, [or a designee;] the Commissioners of Children and Families, Public Health and Public Safety, or their designees; the Chief Medical Examiner, or a designee; the Chief State's Attorney, or a designee; a pediatrician, appointed by the Governor; a representative of law enforcement, appointed by the president pro tempore of the Senate; an attorney, appointed by the majority leader of the Senate; a social work professional, appointed by the minority leader of the Senate; a representative of a community service group appointed by the speaker of the House of Representatives; a psychologist, appointed by the majority leader of the House of Representatives; and an injury prevention representative, appointed by the minority leader of the House of Representatives. A majority of the panel may select not more than three additional temporary members with particular expertise or interest to serve on the panel. Such temporary members shall have the same duties and powers as the permanent members of the panel. The chairperson shall be elected from among the panel's permanent members. The panel shall, to the greatest extent possible, reflect the ethnic, cultural and geographic diversity of the state.

(c) The child fatality review panel shall review the circumstances of the death of a child placed in out-of-home care or whose death was due to unexpected or unexplained causes to facilitate development of prevention strategies to address identified trends and patterns of risk and to improve coordination of services for children and families in the state. Members of the panel shall not be compensated for their services, but may be reimbursed for necessary expenses incurred in the performance of their duties.

(d) On or before January 1, [2000] 2010, and annually thereafter, the child fatality review panel shall issue an annual report which shall include its findings and recommendations to the Governor and the General Assembly on its review of child fatalities for the preceding year.

[(e) Upon request of two-thirds of the members of the panel and within available appropriations, the Governor, the General Assembly or at the Child Advocate's discretion, the Child Advocate shall conduct an in-depth investigation and review and issue a report with recommendations on the death or critical incident of a child. The report shall be submitted to the Governor, the General Assembly and the commissioner of any state agency cited in the report and shall be made available to the general public.]

[(f)] (e) The Chief Medical Examiner shall provide timely notice to [the Child Advocate and to] the chairperson of the child fatality review panel of the death of any child that is to be investigated pursuant to section 19a-406.

[(g)] (f) Any agency having responsibility for the custody or care of children shall provide timely notice to [the Child Advocate and] the chairperson of the child fatality review panel of the death of a child or a critical incident involving a child in its custody or care.

Sec. 21. Section 46a-13n of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) The name, address and other personally identifiable information of a person who makes a complaint to the Child Advocate as provided in section 46a-13l, as amended by this act, all information obtained or generated by the office in the course of an investigation and all confidential records obtained by the Child Advocate or a designee shall be confidential and shall not be subject to disclosure under the Freedom of Information Act or otherwise, except that such information and records, other than confidential information concerning a pending law enforcement investigation or a pending prosecution, may be disclosed if the Child Advocate determines that disclosure is (1) in the general public interest or (2) necessary to enable the Child Advocate to perform his responsibilities under subsection (a) of section 46a-13l, as amended by this act. If the Child Advocate determines that disclosure of confidential information is not in the public interest but is necessary to enable the Child Advocate to perform responsibilities under subsection (a) of section 46a-13l, as amended by this act, or to identify, prevent or treat the abuse or neglect of a child, the Child Advocate may disclose such information to the appropriate agency responsible for the welfare of such child.

(b) No state or municipal agency shall discharge, or in any manner discriminate or retaliate against, any employee who in good faith makes a complaint to the Child Advocate or cooperates with [the Office of] the Child Advocate in an investigation.

Sec. 22. Section 46a-13o of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) In addition to the powers set forth in section 46a-13m, and notwithstanding section 3-125, the Child Advocate, [or his designee,] may represent, appear, intervene in or bring an action on behalf of any child in any proceeding before any court, agency, board or commission in this state in which matters related to sections 46a-13k to 46a-13q, inclusive, as amended by this act, are in issue. Prior to the institution of any action brought pursuant to this subsection, the Child Advocate shall make a good faith effort to resolve issues or problems through mediation.

(b) Any judgment for compensation or order for settlement of the claim for compensation entered by the court pursuant to the provisions of subsection (a) of this section shall be considered as the estate of the child for whose benefit the judgment or order is entered, to be held by [the Office of] the Child Advocate as guardian of such compensation, and shall be deposited into a trust account established by the office for the purposes of distributing such funds to such child in accordance with the plan adopted by the Family Division of the Superior Court.

Sec. 23. Section 46a-13p of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

The state of Connecticut shall protect and hold harmless [any attorney, director, investigator, social worker or other person employed by the Office of] the Child Advocate and any volunteer appointed by the Child Advocate from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand or suit for damages resulting from acts or omissions committed in the discharge of his duties with the program within the scope of his employment or appointment which may constitute negligence but which acts are not wanton, malicious or grossly negligent as determined by a court of competent jurisdiction.

Sec. 24. Subsection (b) of section 17a-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(b) The following persons shall be mandated reporters: Any physician or surgeon licensed under the provisions of chapter 370, any resident physician or intern in any hospital in this state, whether or not so licensed, any registered nurse, licensed practical nurse, medical examiner, dentist, dental hygienist, psychologist, coach of intramural or interscholastic athletics, school teacher, school principal, school guidance counselor, school paraprofessional, school coach, social worker, police officer, juvenile or adult probation officer, juvenile or adult parole officer, member of the clergy, pharmacist, physical therapist, optometrist, chiropractor, podiatrist, mental health professional or physician assistant, any person who is a licensed or certified emergency medical services provider, any person who is a licensed or certified alcohol and drug counselor, any person who is a licensed marital and family therapist, any person who is a sexual assault counselor or a battered women's counselor as defined in section 52-146k, any person who is a licensed professional counselor, any person paid to care for a child in any public or private facility, child day care center, group day care home or family day care home licensed by the state, any employee of the Department of Children and Families, any employee of the Department of Public Health who is responsible for the licensing of child day care centers, group day care homes, family day care homes or youth camps, and the Child Advocate. [and any employee of the Office of Child Advocate.]

Sec. 25. Section 46a-153 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

Each local or regional board of education, institution or facility that provides direct care, education or supervision of persons at risk shall (1) record each instance of the use of physical restraint or seclusion on a person at risk and the nature of the emergency that necessitated its use, and (2) include such information in an annual compilation on its use of such restraint and seclusion. The commissioner of the state agency that has jurisdiction or supervisory control over each institution or facility shall review the annual compilation prior to renewing a license for or a contract with such institution or facility. The State Board of Education may review the annual compilation of each local and regional board of education, institution and facility that provides special education for children and may produce an annual summary report identifying the frequency of use of physical restraint or seclusion on such children. If the use of such restraint or seclusion results in physical injury to the person, (A) the local or regional board of education, institution or facility that provides special education for a child may report the incident to the State Board of Education, and (B) the institution or facility shall report the incident to the commissioner of the state agency that has jurisdiction or supervisory control over the institution or facility. The State Board of Education and the commissioner receiving a report of such an incident shall report any incidence of serious injury or death to the director of the Office of Protection and Advocacy for Persons with Disabilities and, if appropriate, to the Child Advocate. [of the Office of Child Advocate.]

Sec. 26. Subsection (a) of section 17b-261 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) Medical assistance shall be provided for any otherwise eligible person whose income, including any available support from legally liable relatives and the income of the person's spouse or dependent child, is not more than one hundred forty-three per cent, pending approval of a federal waiver applied for pursuant to subsection (d) of this section, of the benefit amount paid to a person with no income under the temporary family assistance program in the appropriate region of residence and if such person is an institutionalized individual as defined in Section 1917(c) of the Social Security Act, 42 USC 1396p(c), and has not made an assignment or transfer or other disposition of property for less than fair market value for the purpose of establishing eligibility for benefits or assistance under this section. Any such disposition shall be treated in accordance with Section 1917(c) of the Social Security Act, 42 USC 1396p(c). Any disposition of property made on behalf of an applicant or recipient or the spouse of an applicant or recipient by a guardian, conservator, person authorized to make such disposition pursuant to a power of attorney or other person so authorized by law shall be attributed to such applicant, recipient or spouse. A disposition of property ordered by a court shall be evaluated in accordance with the standards applied to any other such disposition for the purpose of determining eligibility. The commissioner shall establish the standards for eligibility for medical assistance at one hundred forty-three per cent of the benefit amount paid to a family unit of equal size with no income under the temporary family assistance program in the appropriate region of residence. Except as provided in section 17b-277, the medical assistance program shall provide coverage to persons under the age of nineteen with family income up to one hundred eighty-five per cent of the federal [proverty] poverty level without an asset limit and to persons under the age of nineteen and their parents and needy caretaker relatives, who qualify for coverage under Section 1931 of the Social Security Act, with family income up to one hundred eighty-five per cent of the federal poverty level without an asset limit. Such levels shall be based on the regional differences in such benefit amount, if applicable, unless such levels based on regional differences are not in conformance with federal law. Any income in excess of the applicable amounts shall be applied as may be required by said federal law, and assistance shall be granted for the balance of the cost of authorized medical assistance. All contracts entered into on and after July 1, 1997, pursuant to this section shall include provisions for collaboration of managed care organizations with the Nurturing Families Network established pursuant to section 17a-56. The Commissioner of Social Services shall provide applicants for assistance under this section, at the time of application, with a written statement advising them of (1) the effect of an assignment or transfer or other disposition of property on eligibility for benefits or assistance, and (2) the effect that having income that exceeds the limits prescribed in this subsection will have with respect to program eligibility. [, and (3) the availability of, and eligibility for, services provided by the Nurturing Families Network established pursuant to section 17a-56.] Persons who are determined ineligible for assistance pursuant to this section shall be provided a written statement notifying such persons of their ineligibility and advising such persons of the availability of HUSKY Plan, Part B health insurance benefits.

Sec. 27. Subsection (a) of section 19a-62a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) (1) Within available appropriations, the Commissioner of Public Health, in consultation with the Commissioner of Social Services, shall establish a pilot program for the early identification and treatment of pediatric asthma. The Commissioner of Public Health shall make grants-in-aid under the pilot program for projects to be established in two municipalities to identify, screen and refer children with asthma for treatment. Such projects shall work cooperatively with providers of maternal and child health, including, but not limited to, local health departments, community health centers [,] and Healthy Start, [and the Nurturing Families Network established pursuant to section 17a-56,] to target children who were born prematurely, premature infants or pregnant women at risk of premature delivery for early identification of asthma. Such projects may utilize private resources through public-private partnerships to establish a public awareness program and innovative outreach initiatives targeting urban areas to encourage early screening of children at risk of asthma.

(2) The Commissioner of Public Health shall evaluate the pilot program established under this subsection and shall submit a report of the commissioner's findings and recommendations to the joint standing committees of the General Assembly having cognizance of matters relating to public health, human services and appropriations and the budgets of state agencies, not later than October 1, 2001, in accordance with the provisions of section 11-4a.

Sec. 28. Section 51-275a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) There is established a Criminal Justice Commission which shall be composed of the Chief State's Attorney and six members nominated by the Governor and appointed by the General Assembly in accordance with section 4-2, two of whom shall be judges of the Superior Court.

(b) The chairman shall be appointed by the Governor.

(c) Members shall serve without compensation but shall be reimbursed for actual expenses incurred while engaged in the duties of the commission.

(d) The commission may adopt such rules as it deems necessary for the conduct of its internal affairs.

(e) The commission may adopt regulations in accordance with chapter 54 to carry out its responsibilities under this chapter.

(f) The commission shall be [an autonomous body within the executive department for fiscal and budgetary purposes only] within the Division of Criminal Justice. Said division shall provide staff support for the commission.

Sec. 29. Section 6-38b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) There is established a State Marshal Commission which shall consist of eight members appointed as follows: (1) The Chief Justice shall appoint one member who shall be a judge of the Superior Court; (2) the speaker of the House of Representatives, the president pro tempore of the Senate, the majority and minority leaders of the House of Representatives and the majority and minority leaders of the Senate shall each appoint one member; and (3) the Governor shall appoint one member who shall serve as chairperson. No member of the commission shall be a state marshal, except that two state marshals appointed by the State Marshals Advisory Board in accordance with section 6-38c shall serve as ex officio, nonvoting members of the commission.

(b) The chairperson shall serve for a three-year term and all appointments of members to replace those whose terms expire shall be for terms of three years.

(c) No more than four of the members, other than the chairperson, may be members of the same political party. Of the seven nonjudicial members, other than the chairperson, at least three shall not be members of the bar of any state.

(d) If any vacancy occurs on the commission, the appointing authority having the power to make the initial appointment under the provisions of this section shall appoint a person for the unexpired term in accordance with the provisions of this section.

(e) Members shall serve without compensation but shall be reimbursed for actual expenses incurred while engaged in the duties of the commission.

(f) The commission, in consultation with the State Marshals Advisory Board, shall adopt regulations in accordance with the provisions of chapter 54 to establish professional standards, including training requirements and minimum fees for execution and service of process.

(g) The commission shall be responsible for the equitable assignment of service of restraining orders to the state marshals in each county and ensure that such restraining orders are served expeditiously. Failure of any state marshal to accept for service any restraining order assigned by the commission or to serve such restraining order expeditiously without good cause shall be sufficient for the convening of a hearing for removal under subsection (j) of this section.

(h) Any vacancy in the position of state marshal in any county as provided in section 6-38 shall be filled by the commission with an applicant who shall be an elector in the county where such vacancy occurs. Any applicant for such vacancy shall be subject to the application and investigation requirements of the commission.

(i) Except as provided in section 6-38f, no person may be a state marshal and a state employee at the same time. This subsection does not apply to any person who was both a state employee and a deputy sheriff or special deputy sheriff on April 27, 2000.

(j) No state marshal may be removed except by order of the commission for cause after due notice and hearing.

(k) The commission may adopt such rules as it deems necessary for conduct of its internal affairs and shall adopt regulations in accordance with the provisions of chapter 54 for the application and investigation requirements for filling vacancies in the position of state marshal.

(l) The commission shall be within the Department of Administrative Services. [for administrative purposes only.]

Sec. 30. Subsection (a) of section 29-32b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) There shall be established a Board of Firearms Permit Examiners, within the Department of Public Safety, [for administrative purposes only,] hereinafter referred to as the board, to be comprised of seven members appointed by the Governor to serve during his term and until their successors are appointed and qualify. With the exception of public members, the members shall be appointed from nominees of the Commissioner of Public Safety, the Connecticut State Association of Chiefs of Police, the Commissioner of Environmental Protection, The Connecticut State Rifle and Revolver Association, Inc., and Ye Connecticut Gun Guild, Inc., and each of said organizations shall be entitled to representation on the board. At least one member of the board shall be a lawyer licensed to practice in this state, who shall act as chairman of the board during the hearing of appeals brought under this section.

Sec. 31. Section 12-557d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) There shall be a Gaming Policy Board within the Department of Revenue Services. [for administrative purposes only.] Said board shall consist of five members appointed by the Governor with the advice and consent of both houses of the General Assembly. Not more than three members of said board in office at any one time shall be members of the same political party. On or before July 1, 1979, the Governor shall nominate three members who shall serve until July 1, 1981, and two members who shall serve until July 1, 1983. The General Assembly shall confirm or reject such nominations in the manner prescribed by section 4-7 before adjournment sine die of the 1979 regular session, except that if the nominations cannot be acted on by both houses of the General Assembly during said regular session, the General Assembly shall confirm or reject the nominations at a special session which shall be called, notwithstanding sections 2-6 and 2-7, immediately following adjournment sine die of the 1979 session reconvened in accordance with article third of the amendments to the Constitution of Connecticut, except that if no session is held pursuant to said article, the General Assembly shall meet in special session, notwithstanding sections 2-6 and 2-7, not later than August 1, 1979, to confirm or reject such nominations. Any special session called pursuant to this section shall be held for the sole purpose of confirming or rejecting the initial nominations made by the Governor to the board. Thereafter members shall serve for a term of four years and the procedure prescribed by section 4-7 shall apply to such appointments, except that the Governor shall submit such nominations on or before May first, and both houses shall confirm or reject the nominations before adjournment sine die. Members shall receive fifty dollars per day for each day they are engaged in the business of the board and shall be reimbursed for necessary expenses incurred in the performance of their duties. The executive director shall serve on the board ex officio without voting rights.

(b) To insure the highest standard of legalized gambling regulation at least four of the board members shall have training or experience in at least one of the following fields: Corporate finance, economics, law, accounting, law enforcement, computer science or the pari-mutuel industry. At least two of these fields shall be represented on the board at any one time.

(c) No board member shall accept any form of employment by a business organization regulated under this chapter for a period of two years following the termination of his service as a board member.

(d) No board member shall engage in any oral ex parte communications with any representative, agent, officer or employee of any business organization regulated under this chapter concerning any matter pending or impending before the board.

(e) The members of the board shall not participate actively in political management and campaigns. Such activity includes holding office in a political party, political organization or political club, campaigning for a candidate in a partisan election by making speeches, writing on behalf of a candidate, soliciting votes in support of or in opposition to a candidate and making contributions of time and money to political parties.

(f) The Department of Revenue Services shall provide staff support for the board.

Sec. 32. Sections 10a-2, 10a-5, 10a-23, 10a-53, 10a-171, 17a-56, 17a-56a, 17b-277a and 46a-13q of the general statutes are repealed. (Effective July 1, 2009)

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

Section 1

July 1, 2009

New section

Sec. 2

July 1, 2009

10-1

Sec. 3

July 1, 2009

10-3a

Sec. 4

July 1, 2009

10a-1

Sec. 5

July 1, 2009

4-9a(a)

Sec. 6

July 1, 2009

10a-9

Sec. 7

July 1, 2009

4b-3

Sec. 8

July 1, 2009

4b-4

Sec. 9

July 1, 2009

4a-19

Sec. 10

July 1, 2009

4-142a

Sec. 11

July 1, 2009

4-142b

Sec. 12

July 1, 2009

20-280

Sec. 13

July 1, 2009

22a-11

Sec. 14

July 1, 2009

17a-50

Sec. 15

July 1, 2009

17a-50a

Sec. 16

July 1, 2009

4-67x(a)

Sec. 17

July 1, 2009

17a-18

Sec. 18

July 1, 2009

17a-4(a)

Sec. 19

July 1, 2009

46a-13k

Sec. 20

July 1, 2009

46a-13l

Sec. 21

July 1, 2009

46a-13n

Sec. 22

July 1, 2009

46a-13o

Sec. 23

July 1, 2009

46a-13p

Sec. 24

July 1, 2009

17a-101(b)

Sec. 25

July 1, 2009

46a-153

Sec. 26

July 1, 2009

17b-261(a)

Sec. 27

July 1, 2009

19a-62a(a)

Sec. 28

July 1, 2009

51-275a

Sec. 29

July 1, 2009

6-38b

Sec. 30

July 1, 2009

29-32b(a)

Sec. 31

July 1, 2009

12-557d

Sec. 32

July 1, 2009

Repealer section

Statement of Purpose:

To implement the Governor's budget recommendations.

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