Connecticut Seal

General Assembly

 

Governor's Bill No. 6353

January Session, 2013

 

LCO No. 3003

 

*03003__________*

Referred to Committee on APPROPRIATIONS

 

Introduced by:

 

REP. SHARKEY, 88th Dist.

REP. ARESIMOWICZ, 30th Dist.

SEN. WILLIAMS, 29th Dist.

SEN. LOONEY, 11th Dist.

 

AN ACT CONCERNING STATE BUDGET REFORM.

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

Section 1. Section 4-85 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) Before an appropriation becomes available for expenditure, each budgeted agency shall submit to the Governor through the Secretary of the Office of Policy and Management, not less than twenty days before the beginning of the fiscal year for which such appropriation was made, a requisition for the allotment of the amount estimated to be necessary to carry out the purposes of such appropriation during each quarter of such fiscal year. Commencing with the fiscal year ending June 30, 2011, the initial allotment requisition for each line item appropriated to the legislative branch and to the judicial branch for any fiscal year shall be based upon the amount appropriated to such line item for such fiscal year minus any amount of budgeted reductions to be achieved by such branch for such fiscal year pursuant to subsection (c) of section 2-35. Appropriations for capital outlays may be allotted in any manner the Governor deems advisable. Such requisition shall contain any further information required by the Secretary of the Office of Policy and Management. The Governor shall approve such requisitions, subject to the provisions of subsection (b) of this section.

(b) Any allotment requisition and any allotment in force shall be subject to the following: (1) If the Governor determines that due to a change in circumstances since the budget was adopted certain reductions should be made in allotment requisitions or allotments in force or that estimated budget resources during the fiscal year will be insufficient to finance all appropriations in full, the Governor may modify such allotment requisitions or allotments in force to the extent the Governor deems necessary. Before such modifications are effected the Governor shall file a report with the joint standing committee having cognizance of matters relating to appropriations and the budgets of state agencies and the joint standing committee having cognizance of matters relating to state finance, revenue and bonding describing the change in circumstances which makes it necessary that certain reductions should be made or the basis for his determination that estimated budget resources will be insufficient to finance all appropriations in full. (2) If the cumulative monthly financial statement issued by the Comptroller pursuant to section 3-115 includes a projected General Fund deficit greater than one per cent of the total of General Fund appropriations, the Governor, within thirty days following the issuance of such statement, shall file a report with such joint standing committees, including a plan which [he] the Governor shall implement to modify such allotments to the extent necessary to prevent a deficit. No modification of an allotment requisition or an allotment in force made by the Governor pursuant to this subsection shall result in a reduction of more than [three] five per cent of the total appropriation from any fund or more than five per cent of any appropriation for municipal aid or ten per cent of any appropriation for other than municipal aid, except such limitations shall not apply in time of war, invasion or emergency caused by natural disaster.

(c) If a plan submitted in accordance with subsection (b) of this section indicates that a reduction of more than [three] five per cent of the total appropriation from any fund or more than five per cent of any appropriation for municipal aid or ten per cent of any appropriation for other than municipal aid is required to prevent a deficit, the Governor may request that the Finance Advisory Committee approve any such reduction, provided any modification which would result in a reduction of more than [five] ten per cent of total appropriations shall require the approval of the General Assembly.

(d) The secretary shall submit copies of allotment requisitions thus approved or modified or allotments in force thus modified, with the reasons for any modifications, to the administrative heads of the budgeted agencies concerned, to the Comptroller and to the joint standing committee of the General Assembly having cognizance of appropriations and matters relating to the budgets of state agencies, through the Office of Fiscal Analysis. The Comptroller shall set up such allotments on the Comptroller's books and be governed thereby in the control of expenditures of budgeted agencies.

(e) The provisions of this section shall not be construed to authorize the Governor to reduce allotment requisitions or allotments in force concerning [(1) aid to municipalities; or (2)] any budgeted agency of the legislative or judicial branch, except that the Governor may propose an aggregate allotment reduction of a specified amount in accordance with this section for the legislative or judicial branch. If the Governor proposes to reduce allotment requisitions or allotments in force for any budgeted agency of the legislative or judicial branch, the Secretary of the Office of Policy and Management shall, at least five days before the effective date of such proposed reductions, notify the president pro tempore of the Senate and the speaker of the House of Representatives of any such proposal affecting the legislative branch and the Chief Justice of any such proposal affecting the judicial branch. Such notification shall include the amounts, effective dates and reasons necessitating the proposed reductions. Not later than three days after receipt of such notification, the president pro tempore or the speaker, or both, or the Chief Justice, as appropriate, may notify the Secretary of the Office of Policy and Management and the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, in writing, of any objection to the proposed reductions. The committee may hold a public hearing on such proposed reductions. Such proposed reductions shall become effective unless they are rejected by a two-thirds vote of the members of the committee not later than fifteen days after receipt of the notification of objection to the proposed reductions. If the committee rejects such proposed reductions, the Secretary of the Office of Policy and Management shall present an alternative plan to achieve such reductions to the president pro tempore and the speaker for any such proposal affecting the legislative branch or to the Chief Justice for any such proposal affecting the judicial branch. If proposed reductions in allotment requisitions or allotments in force for any budgeted agency of the legislative or judicial branch are not rejected, such reductions shall be achieved as determined by the Joint Committee on Legislative Management or the Chief Justice, as appropriate. The Joint Committee on Legislative Management or the Chief Justice, as appropriate, shall submit such reductions to the Governor through the Secretary of the Office of Policy and Management not later than ten days after the proposed reductions become effective.

Sec. 2. Subsection (a) of section 4-87 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) Whenever any specific appropriation of a budgeted agency proves insufficient to pay the expenditures required for the statutory purposes for which such appropriation was made, the Governor may, at the request of the budgeted agency, transfer from any other specific appropriation of such budgeted agency such amount as the Governor deems necessary to meet such expenditures, except that transfers made from appropriations for fringe benefits to the operating funds of any constituent unit of the state system of higher education may be made only at the close of the fiscal year. No transfer to or from any specific appropriation of a sum or sums of over two hundred fifty thousand dollars or [ten] fifteen per cent of any such specific appropriation, whichever is less, shall be made under this section in any one fiscal year without the consent of the Finance Advisory Committee except for transfer made from appropriations for fringe benefits to the operating funds of any constituent unit of the state system of higher education. Notification of all transfers made shall be sent to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, through the Office of Fiscal Analysis.

Sec. 3. Section 1-300 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) There is established the Office of Governmental Accountability. The executive administrator of the office shall serve as the administrative head of the office, who shall be appointed in accordance with the provisions of section 1-301.

(b) The Office of Governmental Accountability shall provide personnel, payroll, affirmative action and administrative and business office functions and information technology associated with such functions for the following: The Office of State Ethics established under section 1-80, State Elections Enforcement Commission established under section 9-7a, Freedom of Information Commission established under section 1-205, Judicial Review Council established under section 51-51k, Judicial Selection Commission established under section 51-44a, Board of Firearms Permit Examiners established under section 29-32b, Office of the Child Advocate established under section 46a-13k, Office of the Victim Advocate established under section 46a-13b and State Contracting Standards Board established under section 4e-2. The personnel, payroll, affirmative action and administrative and business office functions of said offices, commissions, council and boards shall be merged and consolidated within the Office of Governmental Accountability pursuant to the plan developed and implemented under the provisions of section 1-302.

(c) The executive administrator may employ necessary staff to carry out the administrative functions of the Office of Governmental Accountability, within available appropriations. Such necessary staff of the Office of Governmental Accountability shall be in classified service.

(d) Nothing in this section shall be construed to affect or limit the independent decision-making authority of the Office of State Ethics, State Elections Enforcement Commission, the Freedom of Information Commission, Judicial Review Council, Judicial Selection Commission, Board of Firearms Permit Examiners, Office of the Child Advocate, Office of the Victim Advocate or the State Contracting Standards Board. Such decision-making authority includes, but is not limited to, decisions concerning [budgetary issues] expenditures within the amount appropriated to each such office, commission, council or board, and concerning the employment of necessary staff to carry out the statutory duties of each such office, commission, council or board.

Sec. 4. Section 1-81a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) [Notwithstanding any provision of the general statutes, the] The appropriations recommended for the division of the Office of State Ethics within the Office of Governmental Accountability established under section 1-300, as amended by this act, which division shall have a separate line item within the budget for the Office of Governmental Accountability, shall be the estimates of expenditure requirements [transmitted to the] prepared pursuant to section 4-73. The Secretary of the Office of Policy and Management [by the executive administrator of the Office of Governmental Accountability and the recommended adjustments and revisions of such estimates shall be the recommended adjustments and revisions, if any,] shall also reflect the estimates of expenditure requirements transmitted to the Secretary of the Office of Policy and Management pursuant to section 4-77 and any adjustments thereto transmitted by said executive administrator to the Office of Policy and Management.

(b) [Notwithstanding any provision of the general statutes, the Governor shall not reduce allotment requisitions or allotments in force concerning the Office of State Ethics.] The Governor may reduce allotment requisitions or allotments in force concerning the Office of State Ethics in accordance with the procedure set forth in subsection (e) of section 4-85, as amended by this act, for the budgets of the legislative and judicial departments.

Sec. 5. Section 1-205a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) [Notwithstanding any provision of the general statutes, the] The appropriations recommended for the division of the Freedom of Information Commission within the Office of Governmental Accountability established under section 1-300, as amended by this act, which division shall have a separate line item within the budget for the Office of Governmental Accountability, shall be the estimates of expenditure requirements [transmitted to the] prepared pursuant to section 4-73. The Secretary of the Office of Policy and Management [by the executive administrator of the Office of Governmental Accountability and the recommended adjustments and revisions of such estimates shall be the recommended adjustments and revisions, if any,] shall also reflect the estimates of expenditure requirements transmitted to the Secretary of the Office of Policy and Management pursuant to section 4-77 and any adjustments thereto transmitted by said executive administrator to the Office of Policy and Management.

(b) [Notwithstanding any provision of the general statutes, the Governor shall not reduce allotment requisitions or allotments in force concerning the Freedom of Information Commission.] The Governor may reduce allotment requisitions or allotments in force concerning the Freedom of Information Commission in accordance with the procedure set forth in subsection (e) of section 4-85, as amended by this act, for the budgets of the legislative and judicial departments.

Sec. 6. Section 9-7c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) [Notwithstanding any provision of the general statutes, the] The appropriations recommended for the division of the State Elections Enforcement Commission within the Office of Governmental Accountability established under section 1-300, as amended by this act, which division shall have a separate line item within the budget for the Office of Governmental Accountability, shall be the estimates of expenditure requirements [transmitted to the] prepared pursuant to section 4-73. The Secretary of the Office of Policy and Management [by the executive administrator of the Office of Governmental Accountability and the recommended adjustments and revisions of such estimates shall be the recommended adjustments and revisions, if any,] shall also reflect the estimates of expenditure requirements transmitted to the Secretary of the Office of Policy and Management pursuant to section 4-77 and any adjustments thereto transmitted by said executive administrator to the Office of Policy and Management.

(b) [Notwithstanding any provision of the general statutes, the Governor shall not reduce allotment requisitions or allotments in force concerning the State Elections Enforcement Commission.] The Governor may reduce allotment requisitions or allotments in force concerning the State Elections Enforcement Commission in accordance with the procedure set forth in subsection (e) of section 4-85, as amended by this act, for the budgets of the legislative and judicial departments.

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

Section 1

July 1, 2013

4-85

Sec. 2

July 1, 2013

4-87(a)

Sec. 3

July 1, 2013

1-300

Sec. 4

July 1, 2013

1-81a

Sec. 5

July 1, 2013

1-205a

Sec. 6

July 1, 2013

9-7c

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.]