General Assembly |
Amendment |
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December Special Session, 2015 |
LCO No. 9885 | ||||
*SB0160109885SRO* | |||||
Offered by: |
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SEN. BOUCHER, 26th Dist. SEN. CHAPIN, 30th Dist. SEN. FASANO, 34th Dist. SEN. FORMICA, 20th Dist. SEN. FRANTZ, 36th Dist. SEN. GUGLIELMO, 35th Dist. SEN. HWANG, 28th Dist. SEN. KANE, 32nd Dist. |
SEN. KELLY, 21st Dist. SEN. KISSEL, 7th Dist. SEN. LINARES, 33rd Dist. SEN. MARKLEY, 16th Dist. SEN. MARTIN, 31st Dist. SEN. MCLACHLAN, 24th Dist. SEN. WITKOS, 8th Dist. |
"AN ACT MAKING CERTAIN STRUCTURAL CHANGES TO THE STATE BUDGET AND ADJUSTMENTS TO THE STATE BUDGET FOR THE BIENNIUM ENDING JUNE 30, 2017. "
Strike sections 20, 21, 23, 24 and 25 in their entirety and renumber the remaining sections and internal references accordingly.
After the last section, add the following and renumber sections and internal references accordingly:
"Sec. 501. Subsection (b) of section 5-278 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) Any agreement reached by the negotiators shall be reduced to writing. The agreement, together with a request for funds necessary to fully implement such agreement and for approval of any provisions of the agreement which are in conflict with any statute or any regulation of any state agency, and any arbitration award, issued in accordance with section 5-276a, together with a statement setting forth the amount of funds necessary to implement such award, shall be filed by the bargaining representative of the employer with the clerks of the House of Representatives and the Senate [within] not later than ten days after the date on which such agreement is reached or such award is distributed. The General Assembly may approve any such agreement as a whole by a majority vote of each house or may reject such agreement as a whole by a majority vote of either house. The General Assembly may reject any such award as a whole by a two-thirds vote of either house if it determines that there are insufficient funds for full implementation of the award. If rejected, or if either chamber fails to act on the agreement or award within the time periods required under this subsection, the matter shall be returned to the parties for further bargaining. Once approved by the General Assembly, any provision of an agreement or award need not be resubmitted by the parties to such agreement or award as part of a future contract approval process unless changes in the language of such provision are negotiated by such parties. Any supplemental understanding reached between such parties containing provisions which would supersede any provision of the general statutes or any regulation of any state agency or would require additional state funding shall be submitted to the General Assembly for approval in the same manner as agreements and awards. If the General Assembly is in session, it shall vote to approve or reject such agreement or award [within] not later than thirty days after the date of filing. If the General Assembly is not in session when such agreement or award is filed, it shall be submitted to the General Assembly [within] not later than ten days of the first day of the next regular session or special session called for such purpose. The agreement or award shall [be deemed approved if the General Assembly fails to vote to approve or reject such agreement or award within thirty days after such filing or submission] not be implemented unless approved by the General Assembly in accordance with this subsection. The thirty-day period shall not begin or expire unless the General Assembly is in regular session. For the purpose of this subsection, any agreement or award filed with the clerks within thirty days before the commencement of a regular session of the General Assembly shall be deemed to be filed on the first day of such session.
Sec. 502. Subsection (d) of section 5-278 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(d) No provision of any general statute or special act shall prevent negotiations between an employer and an employee organization which has been designated as the exclusive representative of employees in an appropriate unit, from continuing after the final date for setting the state budget. An agreement between an employer and an employee organization shall be valid and in force under its terms when entered into in accordance with the provisions of this chapter and signed by the chief executive officer or administrator as a ministerial act. Such terms may not make any such agreement effective on a date prior to the date on which the agreement is entered. No publication thereof shall be required to make it effective. The procedure for the making of an agreement between the employer and an employee organization provided by sections 5-270 to 5-280, inclusive, as amended by this act, shall be the exclusive method for making a valid agreement for employees represented by an employee organization, and any provisions in any general statute or special act to the contrary shall not apply to such an agreement.
Sec. 503. Subsection (f) of section 5-278 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(f) (1) [Notwithstanding] (A) Prior to July 1, 2022, notwithstanding any other provision of this chapter, collective bargaining negotiations concerning changes to the state employees retirement system to be effective on and after July 1, 1988, and collective bargaining negotiations concerning health and welfare benefits to be effective on and after July 1, 1994, shall be conducted between the employer and a coalition committee which represents all state employees who are members of any designated employee organization. [(2)] (B) The provisions of subparagraph (A) of this subdivision [(1) of this subsection] shall not be construed to prevent the employer and any designated employee organization from bargaining directly with each other on matters related to the state employees retirement system and health and welfare benefits whenever the parties jointly agree that such matters are unique to the particular bargaining unit. [(3)] (C) The provisions of subparagraph (A) of this subdivision [(1) of this subsection] shall not be construed to prevent the employer and representatives of employee organizations from dealing with any state-wide issue using the procedure established in said subdivision.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, the expiration date of provisions concerning state employee retirement benefits or the state employees retirement system in the 2011 agreement between the State of Connecticut and the State Employees Bargaining Agent Coalition shall not be extended beyond June 30, 2022, by collective bargaining negotiations. Upon the expiration of such provisions, any matters related to state employee retirement benefits or the state employee retirement system shall be established by statute.
(3) (A) On and after July 1, 2022, notwithstanding any other provision of this chapter, collective bargaining negotiations concerning health and welfare benefits to be effective on and after July 1, 2022, shall be conducted between the employer and a coalition committee which represents all state employees who are members of any designated employee organization. (B) The provisions of subparagraph (A) of this subdivision shall not be construed to prevent the employer and any designated employee organization from bargaining directly with each other on matters related to state employee health and welfare benefits whenever the parties jointly agree that such matters are unique to the particular bargaining unit. (C) The provisions of subparagraph (A) of this subdivision shall not be construed to prevent the employer and representatives of employee organizations from dealing with any state-wide issue using the procedure established in said subparagraph.
Sec. 504. Subsection (a) of section 5-271 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) (1) Employees shall have, and shall be protected in the exercise of the right of self-organization, to form, join or assist any employee organization, to bargain collectively through representatives of their own choosing on questions of wages, hours and other conditions of employment, except as provided in subdivision (2) of this subsection and subsection (d) of section 5-272, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, free from actual interference, restraint or coercion.
(2) On and after July 1, 2022, "wages, hours and other conditions of employment" shall not include any question related to state employee retirement benefits or the state employees retirement system.
Sec. 505. Subsection (c) of section 5-272 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) For the purposes of sections 5-270 to 5-280, inclusive, as amended by this act, to bargain collectively is the performance of the mutual obligation of the employer or his designated representatives and the representative of the employees to meet at reasonable times, including meetings appropriately related to the budget-making process, and bargain in good faith with respect to wages, hours and other conditions of employment, except as provided in subsection (a) of section 5-271, as amended by this act, and subsection (d) of this section, or the negotiation of an agreement, or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation shall not compel either party to agree to a proposal or require the making of a concession.
Sec. 506. Section 3-13b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) There is created an Investment Advisory Council which shall consist of the following: (1) The Secretary of the Office of Policy and Management who shall serve as an ex-officio member of said council; (2) the State Treasurer who shall serve as an ex-officio member of said council; (3) five public members all of whom shall be experienced in matters relating to investments. The Governor, the president pro tempore of the Senate, the Senate minority leader, the speaker of the House of Representatives and the minority leader of the House of Representatives shall each appoint one such public member to serve for a term of four years. No such public member or such member's business organization or affiliate shall directly or indirectly contract with or provide any services for the investment of trust funds of the state of Connecticut during the time of such member's service on said council and for one year thereafter. The term of each public member in office on June 30, 1983, shall end on July 1, 1983. The appointing authority shall fill all vacancies of the public members; (4) three representatives of the teachers' unions, and two representatives of the state employees' unions. On or before July 15, 1983, the teachers' unions shall jointly submit to the State Treasurer a list of three nominees, and the state employees' unions or a majority thereof who represent a majority of state employees shall jointly submit to the Treasurer a list of two nominees. On or before July 30, 1983, the Governor shall appoint five members of the council from such lists, for terms of two years. Any person appointed to fill a vacancy or to be a new member at the expiration of a given term, whose predecessor in that position was either a representative of one of the teachers' unions or one of the state employees' unions, shall also be a representative of such respective union group. Any such appointee shall be appointed by the Governor from a list of nominees submitted to the Treasurer by the teachers' unions or state employees' unions or such majority thereof, as the case may be, within thirty days of notification by the Treasurer of the existence of a vacancy or a prospective vacancy, or the expiration or prospective expiration of a term. All members of the council shall serve until their respective successors are appointed and have qualified. No public member of the council shall serve more than two consecutive terms which commence on or after July 1, 1983.
(b) The Governor shall designate one of the members to be chairperson of the council to serve as such at the Governor's pleasure. The Treasurer shall serve as secretary of said council. A majority of the members of the council then in office shall constitute a quorum for the transaction of any business, and action shall be by the vote of a majority of the members present at a meeting. Votes by members on investment policies shall be recorded in the minutes of each meeting. Members of said council shall not be compensated for their services but shall be reimbursed for all necessary expenses incurred in the performance of their duties as members of said council. The council shall meet at least once during each calendar quarter and at such other times as the chairperson deems necessary or upon the request of a majority of the members in office. Special meetings shall be held at the request of such majority after notice in accordance with the provisions of section 1-225. 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.
(c) (1) The Treasurer shall recommend to the Investment Advisory Council an investment policy statement which shall set forth the standards governing investment of trust funds by the Treasurer. Such statement shall include, with respect to each trust fund, without limitation, (A) investment objectives; (B) asset allocation policy and risk tolerance; (C) asset class definitions, including specific types of permissible investments within each asset class and any specific limitations or other considerations governing the investment of any funds; (D) investment manager guidelines; (E) investment performance evaluation guidelines; (F) guidelines for the selection and termination of providers of investment-related services who shall include, but not be limited to, investment advisors, external money managers, investment consultants, custodians, broker-dealers, legal counsel, and similar investment industry professionals; and (G) proxy voting guidelines. A draft of the statement shall be submitted to the Investment Advisory Council at a meeting of said council and shall be made available to the public. Notice of such availability shall be published in at least one newspaper having a general circulation in each municipality in the state which publication shall be not less than two weeks prior to such meeting. Said council shall review the draft statement and shall publish any recommendations it may have for changes to such statement in the manner provided for publication of the statement by the Treasurer. The Treasurer shall thereafter adopt the statement, including any such changes the Treasurer deems appropriate, with the approval of a majority of the members appointed to said council. If a majority of the members appointed to said council fail to approve such statement, said majority shall provide the reasons for its failure to approve to the Treasurer who may submit an amended proposed statement at a subsequent regular or special meeting of said council. Such revised proposed statement shall be made available to the public in accordance with the provisions of the Freedom of Information Act, as defined in section 1-200. Any revisions or additions to the investment policy statement shall be made in accordance with the procedures set forth in this subdivision for the adoption of the statement. The Treasurer shall annually review the investment policy statement and shall consult with the Investment Advisory Council regarding possible revisions to such statement.
(2) All trust fund investments by the State Treasurer shall be reviewed by said Investment Advisory Council. The Treasurer shall provide to the council all information regarding such investments which the Treasurer deems relevant to the council's review and such other information as may be requested by the council. The Treasurer shall provide a report at each regularly scheduled meeting of the Investment Advisory Council as to the status of the trust funds and any significant changes which may have occurred or which may be pending with regard to the funds. The council shall promptly notify the Auditors of Public Accounts and the Comptroller of any unauthorized, illegal, irregular or unsafe handling or expenditure of trust funds or breakdowns in the safekeeping of trust funds or contemplated action to do the same within their knowledge. The Governor may direct the Treasurer to change any investments made by the Treasurer when in the judgment of said council such action is for the best interest of the state. Said council shall, at the close of the fiscal year, make a complete examination of the security investments of the state and determine as of June thirtieth, the value of such investments in the custody of the Treasurer and report thereon to the Governor, the General Assembly and beneficiaries of trust funds administered, held or invested by the Treasurer. With the approval of the Treasurer and the council, said report may be included in the Treasurer's annual report.
(d) The Investment Advisory Council shall be within the office of the State Treasurer for administrative purposes only.
(e) Notwithstanding any provision of chapter 66, the Investment Advisory Council shall establish the anticipated rate of return for the state employees retirement system, the municipal employees' retirement system established by part II of chapter 113, the teachers' retirement system and all other state retirement and pension plans. Such established rate shall be used for the purpose of conducting actuarial analyses for the valuation of such retirement systems and plans, including, but not limited to, as required in section 5-156a.
[(e)] (f) For the purposes of this section, "teachers' union" means a representative organization for certified professional employees, as defined in section 10-153b, and "state employees' union" means an organization certified to represent state employees, pursuant to section 5-275.
Sec. 507. (Effective from passage) (a) There shall be established a state appropriations review panel to review each appropriation made in the current state budget as reflected in public act 15-244, and any amendments thereto. Said panel shall examine each appropriation to determine whether the purpose of such appropriation is being fulfilled and to identify duplications of efforts among appropriations or programs, in either services provided or recipients of such services.
(b) The panel shall consist of the following members:
(1) The speaker of the House of Representatives, or the speaker's designee;
(2) The president pro tempore of the Senate, or the president pro tempore's designee;
(3) The majority leader of the House of Representatives, or the majority leader's designee;
(4) The majority leader of the Senate, or the majority leader's designee;
(5) The minority leader of the House of Representatives, or the minority leader's designee;
(6) One person appointed by the minority leader of the House of Representatives;
(7) The minority leader of the Senate, or the minority leader's designee; and
(8) One person appointed by the minority leader of the Senate.
(c) Each member of the panel shall be a member of the General Assembly. The panel shall, at all times, be composed of an equal number of Republican and Democrat members.
(d) All appointments to the panel shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.
(e) The speaker of the House of Representatives and the minority leader of the Senate shall select the chairpersons of the panel from among the members of the panel. Such chairpersons shall schedule the first meeting of the panel, which shall be held not later than sixty days after the effective date of this section.
(f) On or before September 1, 2016, the panel shall submit its recommendations, in accordance with the provisions of section 11-4a of the general statutes, for the consolidation of appropriations and any other matters related to the appropriation of state funds to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies. The panel shall terminate on the date that it submits such recommendations or September 1, 2016, whichever is later.
Sec. 508. Subsection (h) of section 31-53 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2016):
(h) The provisions of this section do not apply where the total cost of all work to be performed by all contractors and subcontractors in connection with new construction of any public works project is less than [four] six hundred thousand dollars or where the total cost of all work to be performed by all contractors and subcontractors in connection with any remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public works project is less than one hundred fifty thousand dollars. Effective April 15, 2017, and not later than each April fifteenth thereafter, the Labor Commissioner shall announce an adjustment in the threshold amounts established pursuant to this subsection which shall be equal to the percentage increase from the previous year to the current year in the consumer price index as calculated by the United States Department of Labor's Bureau of Labor Statistics and shall be effective on the July first immediately following.
Sec. 509. Subsection (d) of section 3-20 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(d) All bonds of the state, authorized by the State Bond Commission acting prior to July 1, 1972, pursuant to any bond act taking effect prior to such date, shall be issued in accordance with such bond act or this section. All bonds of the state authorized to be issued by the State Bond Commission acting on or after July 1, 1972, pursuant to any bond act taking effect before, on or after such date, shall be authorized and shall be issued in accordance with this section. All bonds of the state authorized to be issued by the State Bond Commission acting on or after January 1, 2016, pursuant to any bond act taking effect before, on or after such date, shall not exceed in the aggregate one billion eight hundred million dollars in any calendar year.
Sec. 510. (Effective from passage) (a) There is established the Efficiency Planning Committee. Said committee shall identify and evaluate opportunities for nonprofit service providers to provide services otherwise provided by the state. The committee shall:
(1) Identify and evaluate any state provided service that costs the state more than two hundred fifty thousand dollars, on average, per recipient, except any such service provided to an inmate in a correctional facility;
(2) Recommend that each state agency providing any such service solicit competitive bids for the provision of such services; and
(3) Recommend that any potential reduction to the state workforce resulting from the implementation of recommendations pursuant to subdivision (2) of this subsection be achieved, to the extent possible, through attrition.
(b) The committee shall consist of the following members:
(1) The speaker of the House of Representatives, or the speaker's designee;
(2) The president pro tempore of the Senate, or the president pro tempore's designee;
(3) The majority leader of the House of Representatives, or the majority leader's designee;
(4) The majority leader of the Senate, or the majority leader's designee;
(5) The minority leader of the House of Representatives, or the minority leader's designee;
(6) One person appointed by the minority leader of the House of Representatives;
(7) The minority leader of the Senate, or the minority leader's designee; and
(8) One person appointed by the minority leader of the Senate.
(c) Any member of the committee designated or appointed under subsection (b) of this section may be a member of the General Assembly.
(d) All appointments to the committee shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.
(e) The speaker of the House of Representatives and the minority leader of the Senate shall select the chairpersons of the committee from among the members of the committee. Such chairpersons shall schedule the first meeting of the committee, which shall be held not later than sixty days after the effective date of this section.
(f) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to government administration shall serve as administrative staff of the committee.
(g) Not later than December 1, 2016, the committee shall submit a report on its findings and recommendations to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and government administration, in accordance with the provisions of section 11-4a of the general statutes. The committee shall terminate on the date that it submits such report or December 1, 2016, whichever is later.
Sec. 511. (NEW) (Effective from passage) (a) On and after July 1, 2016, no child or youth shall be placed or subsequently transferred to the Connecticut Juvenile Training School.
(b) Not later than November 30, 2016, the Commissioner of Children and Families shall cause each child or youth currently placed in the Connecticut Juvenile Training School or the Pueblo Unit for girls to be transferred to an appropriate institution, hospital or facility under the jurisdiction of the Court Support Services Division of the Judicial Branch or to any private or nonprofit agency, association or organization within or without the state under contract with said branch.
Sec. 512. Section 4b-55 of the general statutes is repealed and the following is substituted in lieu thereof (Effective December 1, 2016):
As used in this section, section 4b-1 and sections 4b-56 to 4b-59, inclusive, unless the context clearly requires otherwise:
(a) "Commissioner" means the Commissioner of Administrative Services;
(b) "Consultant" means (1) any architect, professional engineer, landscape architect, land surveyor, accountant, interior designer, environmental professional or construction administrator, who is registered or licensed to practice such person's profession in accordance with the applicable provisions of the general statutes, or (2) any planner or financial specialist;
(c) "Consultant services" shall include those professional services rendered by architects, professional engineers, landscape architects, land surveyors, accountants, interior designers, environmental professionals, construction administrators, planners or financial specialists, as well as incidental services that members of these professions and those in their employ are authorized to perform;
(d) "University of Connecticut library project" means a project to renovate and improve the Homer Babbidge Library at The University of Connecticut;
(e) "Firm" means any individual, partnership, corporation, joint venture, association or other legal entity (1) authorized by law to practice the profession of architecture, landscape architecture, engineering, land surveying, accounting, interior design, environmental or construction administration, or (2) practicing the profession of planning or financial specialization;
(f) "Priority higher education facility project" means any project which is part of a state program to repair, renovate, enlarge, equip, purchase or construct (1) instructional facilities, (2) academic core facilities, including library, research and laboratory facilities, (3) student residential or related student dining facilities, or (4) utility systems related to such projects, which are or will be operated under the jurisdiction of the board of trustees of any constituent unit of the state system of higher education, except The University of Connecticut provided the project is included in the comprehensive facilities master plan of the constituent unit in the most recent state facility plan of the Office of Policy and Management pursuant to section 4b-23, as amended by this act;
(g) "Project" means any state program requiring consultant services if the cost of such services is estimated to exceed three hundred thousand dollars;
(h) "Selection panel" or "panel" means the State Construction Services Selection Panel established pursuant to subsection (a) of section 4b-56 or, in the case of a Connecticut Health and Education Facilities Authority project pursuant to section 10a-186a, means the Connecticut Health and Education Facilities Authority Construction Services Panel established pursuant to subsection (c) of section 4b-56;
(i) "User agency" means the state department or agency requesting the project or the agency for which such project is being undertaken pursuant to law;
(j) "Community court project" means (1) any project to renovate and improve a facility designated for the community court established pursuant to section 51-181c, and (2) the renovation and improvement of other state facilities required for the relocation of any state agency resulting from the placement of the community court;
[(k) "Connecticut Juvenile Training School project" means a project (1) to develop on a designated site new facilities for a Connecticut Juvenile Training School in Middletown including, but not limited to, preparing a feasibility study for, designing, constructing, reconstructing, improving or equipping said facility for use by the Department of Children and Families, which is an emergency project because there is an immediate need for completion of said project to remedy overcrowding at Long Lane School; said school shall have an annual average daily population of not more than two hundred forty residents; or (2) to develop a separate facility for girls including, but not limited to, acquiring of land or buildings, designing, constructing, reconstructing, improving or equipping said facility for use by the Department of Children and Families; ]
[(l)] (k) "Downtown Hartford higher education center project" means a project to develop a higher education center, as defined in subparagraph (B) of subdivision (2) of section 32-600, and as described in subsection (a) of section 32-612, for the regional community-technical college system;
[(m)] (l) "Correctional facility project" means any project (1) which is part of a state program to repair, renovate, enlarge or construct facilities which are or will be operated by the Department of Correction, and (2) for which there is an immediate need for completion in order to remedy prison and jail overcrowding; and
[(n)] (m) "Juvenile detention center project" means any project (1) which is part of a state program to repair, renovate, enlarge or construct juvenile detention centers which are or will be operated by the Judicial Department, and (2) for which there is an immediate need for completion in order to remedy overcrowding.
Sec. 513. Subsection (a) of section 4b-58 of the general statutes is repealed and the following is substituted in lieu thereof (Effective December 1, 2016):
(a) (1) Except in the case of a project, a priority higher education facility project, a project, as defined in subdivision (16) of section 10a-109c, undertaken by The University of Connecticut, a community court project, a correctional facility project, a juvenile detention center project, and the downtown Hartford higher education center project, the commissioner shall negotiate a contract for consultant services with the firm most qualified, in the commissioner's judgment, at compensation which the commissioner determines is both fair and reasonable to the state. (2) In the case of a project, the commissioner shall negotiate a contract for such services with the most qualified firm from among the list of firms submitted by the panel at compensation which the commissioner determines in writing to be fair and reasonable to the state. If the commissioner is unable to conclude a contract with any of the firms recommended by the panel, the commissioner shall, after issuing written findings of fact documenting the reasons for such inability, negotiate with those firms which the commissioner determines to be most qualified, at fair and reasonable compensation, to render the particular consultant services under consideration. (3) Whenever consultant services are required for a priority higher education facility project, a project involving the construction, repair or alteration of a building or premises under the supervision of the Office of the Chief Court Administrator or property where the Judicial Department is the primary occupant, a community court project, a correctional facility project, a juvenile detention center project, or the downtown Hartford higher education center project, the commissioner shall select and interview at least three consultants or firms and shall negotiate a contract for consultant services with the firm most qualified, in the commissioner's judgment, at compensation which the commissioner determines is both fair and reasonable to the state. [, except that if, in the opinion of the commissioner, the Connecticut Juvenile Training School project needs to be expedited in order to meet the needs of the Department of Children and Families, the commissioner may waive such selection requirement. ] Except for the downtown Hartford higher education center project, the commissioner shall notify the State Properties Review Board of the commissioner's action not later than five business days after such action for its approval or disapproval in accordance with subsection (i) of section 4b-23, as amended by this act, except that if, not later than fifteen days after such notice, a decision has not been made, the board shall be deemed to have approved such contract.
Sec. 514. Subsection (l) of section 10-233d of the general statutes is repealed and the following is substituted in lieu thereof (Effective December 1, 2016):
(l) (1) Any student who commits an expellable offense and is subsequently committed to a juvenile detention center [, the Connecticut Juvenile Training School] or any other residential placement for such offense may be expelled by a local or regional board of education in accordance with the provisions of this section. The period of expulsion shall run concurrently with the period of commitment to a juvenile detention center [, the Connecticut Juvenile Training School] or any other residential placement.
(2) If a student who committed an expellable offense seeks to return to a school district after having been in a juvenile detention center [, the Connecticut Juvenile Training School] or any other residential placement and such student has not been expelled by the local or regional board of education for such offense under subdivision (1) of this subsection, the local or regional board of education for the school district to which the student is returning shall allow such student to return and may not expel the student for additional time for such offense.
Sec. 515. Subsection (b) of section 10-233k of the general statutes is repealed and the following is substituted in lieu thereof (Effective December 1, 2016):
(b) The Department of Children and Families and the Judicial Department or the local or regional board of education shall provide to the superintendent of schools any educational records within their custody of a child seeking to enter or return to a school district from a juvenile detention center [, the Connecticut Juvenile Training School,] or any other residential placement, prior to the child's entry or return. The agencies shall also require any contracting entity that holds custody of such records to provide them to the superintendent of schools prior to the child's entry or return. Receipt of the educational records shall not delay a child from enrolling in school. The superintendent of schools shall provide such information to the principal at the school the child will be attending. The principal shall disclose such information to appropriate staff as is necessary to the education or care of the child.
Sec. 516. Subsection (a) of section 17a-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective December 1, 2016):
(a) The department shall plan, create, develop, operate or arrange for, administer and evaluate a comprehensive and integrated state-wide program of services, including preventive services, for children and youths whose behavior does not conform to the law or to acceptable community standards, or who are mentally ill, including deaf and hearing impaired children and youths who are mentally ill, emotionally disturbed, substance abusers, delinquent, abused, neglected or uncared for, including all children and youths who are or may be committed to it by any court, and all children and youths voluntarily admitted to, or remaining voluntarily under the supervision of, the commissioner for services of any kind. Services shall not be denied to any such child or youth solely because of other complicating or multiple disabilities. The department shall work in cooperation with other child-serving agencies and organizations to provide or arrange for preventive programs, including, but not limited to, teenage pregnancy and youth suicide prevention, for children and youths and their families. The program shall provide services and placements that are clinically indicated and appropriate to the needs of the child or youth, except that such services and placements shall not commence or continue for a delinquent child who has attained the age of twenty. In furtherance of this purpose, the department shall: (1) Maintain [the Connecticut Juvenile Training School and other] appropriate facilities exclusively for delinquents; (2) develop a comprehensive program for prevention of problems of children and youths and provide a flexible, innovative and effective program for the placement, care and treatment of children and youths committed by any court to the department, transferred to the department by other departments, or voluntarily admitted to the department; (3) provide appropriate services to families of children and youths as needed to achieve the purposes of sections 17a-1 to 17a-26, inclusive, 17a-28 to 17a-49, inclusive, and 17a-51; (4) establish incentive paid work programs for children and youths under the care of the department and the rates to be paid such children and youths for work done in such programs and may provide allowances to children and youths in the custody of the department; (5) be responsible to collect, interpret and publish statistics relating to children and youths within the department; (6) conduct studies of any program, service or facility developed, operated, contracted for or supported by the department in order to evaluate its effectiveness; (7) establish staff development and other training and educational programs designed to improve the quality of departmental services and programs, which shall include, but not be limited to, training in the prevention, identification and effects of family violence, provided no social worker trainee shall be assigned a case load prior to completing training, and may establish educational or training programs for children, youths, parents or other interested persons on any matter related to the promotion of the well-being of children, or the prevention of mental illness, emotional disturbance, delinquency and other disabilities in children and youths; (8) develop and implement aftercare and follow-up services appropriate to the needs of any child or youth under the care of the department; (9) establish a case audit unit to monitor each regional office's compliance with regulations and procedures; (10) develop and maintain a database listing available community service programs funded by the department; (11) provide outreach and assistance to persons caring for children whose parents are unable to do so by informing such persons of programs and benefits for which they may be eligible; and (12) collect data sufficient to identify the housing needs of children served by the department and share such data with the Department of Housing.
Sec. 517. Subsection (b) of section 17a-11 of the general statutes, as amended by section 19 of public act 15-199, is repealed and the following is substituted in lieu thereof (Effective December 1, 2016):
(b) A child or youth voluntarily admitted to the department shall be deemed to be within the care of the commissioner until such admission is terminated. The commissioner shall terminate the admission of any child or youth voluntarily admitted to the department within ten days after receipt of a written request for termination from a parent or guardian of any child under fourteen years of age or from a child if such child is fourteen years of age or older, or youth, unless prior to the expiration of that time the commissioner has sought and received from the Superior Court an order of temporary custody as provided by law. Except as provided in subsection (i) of this section, the commissioner may terminate the admission of any child or youth voluntarily admitted to the department after (1) giving reasonable notice in writing to (A) the parent or guardian of any child or youth, and (B) the child if such child is fourteen years of age or older, or youth, and (2) if the commissioner has previously petitioned the Probate Court pursuant to subsection (c) of this section, providing notice to the Probate Court of such petition. Any child or youth admitted voluntarily to the department may be placed in, or transferred to, any resource, facility or institution within the department or available to the commissioner [except the Connecticut Juvenile Training School,] provided the commissioner shall give written notice to such child or youth and to the parent or guardian of the child of the commissioner's intention to make a transfer at least ten days prior to any actual transfer, unless written notice is waived by those entitled to receive it, or unless an emergency commitment of such child or youth is made pursuant to section 17a-502. Any child or youth admitted voluntarily to the department may be transferred to the supervision of the Department of Mental Health and Addiction Services or the Department of Developmental Services, in collaboration with the commissioner of the department to which the child is transferred. The Commissioner of Children and Families shall provide written notice of his or her intention to make a transfer at least ten days prior to any actual transfer to a child fourteen years of age or older, or youth, and to the parent or guardian of the child or youth being transferred. If the department has previously filed a petition with the Probate Court under subsection (c) of this section, the commissioner shall provide notice of such petition to the court. The Commissioner of Children and Families may continue to provide services to the child or youth in collaboration with the department to which the child or youth has been transferred or may terminate the voluntary services if, in the commissioner's discretion, the department to which the child or youth has been transferred provides adequate services. The commissioner shall provide written notice of his or her intention to terminate services following a transfer to another department to a child fourteen years of age or older, or youth, and to the parent or guardian of such child or youth. If the department has previously filed a petition with the Probate Court under subsection (c) of this section, the commissioner shall provide notice of such petition to the court.
Sec. 518. Section 17a-12 of the general statutes, as amended by section 26 of public act 15-14, is repealed and the following is substituted in lieu thereof (Effective December 1, 2016):
(a) When the commissioner, or the commissioner's designee, determines that a change of program is in the best interest of any child or youth committed or transferred to the department, the commissioner or the commissioner's designee, may transfer such person to any appropriate resource or program administered by or available to the department, to any other state department or agency, or to any private agency or organization within or without the state under contract with the department; provided [no child or youth voluntarily admitted to the department under section 17a-11 shall be placed or subsequently transferred to the Connecticut Juvenile Training School; and further provided] no transfer shall be made to any institution, hospital or facility under the jurisdiction of the Department of Correction, except as authorized by section 18-87, unless it is so ordered by the Superior Court after a hearing. When, in the opinion of the commissioner, or the commissioner's designee, a person fourteen years of age or older is dangerous to himself or herself or others or cannot be safely held [at the Connecticut Juvenile Training School, if a male, or] at any other facility within the state available to the Commissioner of Children and Families, the commissioner, or the commissioner's designee, may request an immediate hearing before the Superior Court on the docket for juvenile matters where such person was originally committed to determine whether such person shall be transferred to the John R. Manson Youth Institution, Cheshire, if a male, or the York Correctional Institution, if a female. The court shall, within three days of the hearing, make such determination. If the court orders such transfer, the transfer shall be reviewed by the court every six months thereafter to determine whether it should be continued or terminated, unless the commissioner has already exercised the powers granted to the commissioner under section 17a-13 by removing such person from the John R. Manson Youth Institution, Cheshire or the York Correctional Institution. Such transfer shall terminate upon the expiration of the commitment in such juvenile matter.
(b) [Any delinquent child, if a male, may be placed at any time in the Connecticut Juvenile Training School. ] The commissioner may transfer any child or youth committed to the commissioner to any institution, hospital or facility for mentally ill children under the commissioner's jurisdiction for a period not to exceed fifteen days if the need for such emergency treatment is certified by a psychiatrist licensed to practice medicine by the state.
Sec. 519. Section 17a-32 of the general statutes is repealed and the following is substituted in lieu thereof (Effective December 1, 2016):
(a) The name of the Department of Children and Families facility at Connecticut Valley Hospital in the city of Middletown shall be the Albert J. Solnit Children's Center - South Campus.
[(b) The name of the Department of Children and Families facility in the city of Middletown shall be the Connecticut Juvenile Training School. ]
[(c)] (b) The name of the Department of Children and Families facility in the town of East Windsor shall be the Albert J. Solnit Children's Center - North Campus.
[(d)] (c) The name of the Department of Children and Families facility in the town of Hartland shall be the Wilderness School.
Sec. 520. Section 17a-185 of the general statutes is repealed and the following is substituted in lieu thereof (Effective December 1, 2016):
Any officer of the state police or of an organized municipal police department may transport, with the sole written consent of the person transported, any person over sixteen years of age and less than eighteen years of age who appears to be away from home without permission of such person's parents or guardian or who appears to be suffering from lack of food, shelter or medical care to any public or private facility, provided institutions of the Department of Correction [, the Connecticut Juvenile Training School] and local police detention facilities shall not be used for such purpose. The person or organization to whom such person is transported shall, if practicable, inform such person's parent or guardian of such person's whereabouts within twelve hours. Such procedure shall be civil in nature, shall not constitute an arrest and shall be made solely for the purpose of safeguarding the interests and welfare of such person.
Sec. 521. Section 17a-201b of the general statutes is repealed and the following is substituted in lieu thereof (Effective December 1, 2016):
Equal privileges shall be granted to clergymen of all religious denominations to impart religious instruction to the inmates [of the Connecticut Juvenile Training School, and] of each chartered or incorporated institution to which any minor may be committed by any court; and every reasonable opportunity shall be allowed such clergymen to give such inmates, belonging to their respective denominations, religious and moral instruction. The Commissioner of Children and Families shall prescribe reasonable times and places, not inconsistent with proper management, when and where such instruction, which shall be open to all who choose to attend, may be given.
Sec. 522. Subsection (b) of section 22a-1f of the general statutes is repealed and the following is substituted in lieu thereof (Effective December 1, 2016):
(b) Environmental impact evaluations shall not be required for [the Connecticut Juvenile Training School project, as defined in subsection (k) of section 4b-55, and the extension of such project otherwise known as] the Connecticut River Interceptor Sewer Project, or a project, as defined in subdivision (16) of section 10a-109c, which involves the conversion of an existing structure for educational rather than office or commercial use.
Sec. 523. Section 46b-140 of the general statutes, as amended by section 1 of public act 15-58, is repealed and the following is substituted in lieu thereof (Effective December 1, 2016):
(a) In determining the appropriate disposition of a child convicted as delinquent, the court shall consider: (1) The seriousness of the offense, including the existence of any aggravating factors such as the use of a firearm in the commission of the offense and the impact of the offense on any victim; (2) the child's record of delinquency; (3) the child's willingness to participate in available programs; (4) the existence of other mitigating factors; and (5) the culpability of the child in committing the offense including the level of the child's participation in the planning and carrying out of the offense.
(b) Upon conviction of a child as delinquent, the court: (1) May (A) order the child to participate in an alternative incarceration program; (B) order the child to participate in a program at a wilderness school facility operated by the Department of Children and Families; (C) order the child to participate in a youth service bureau program; (D) place the child on probation; (E) order the child or the parents or guardian of the child, or both, to make restitution to the victim of the offense in accordance with subsection (d) of this section; (F) order the child to participate in a program of community service in accordance with subsection (e) of this section; or (G) withhold or suspend execution of any judgment; and (2) shall impose the penalty established in subsection (b) of section 30-89 for any violation of said subsection (b).
(c) The court may order, as a condition of probation, that the child (1) reside with a parent, relative or guardian or in a suitable foster home or other residence approved by the court, (2) attend school and class on a regular basis and comply with school policies on student conduct and discipline, (3) refrain from violating any federal or state law or municipal or local ordinance, (4) undergo any medical or psychiatric evaluation or treatment deemed necessary by the court, (5) submit to random drug or alcohol testing, or both, (6) participate in a program of alcohol or drug treatment, or both, (7) make restitution to the victim of the offense in accordance with subsection (d) of this section, (8) participate in an alternative incarceration program or other program established through the Court Support Services Division, (9) participate in a program of community service, and (10) satisfy any other conditions deemed appropriate by the court. The court shall cause a copy of any such order to be delivered to the child, the child's parents or guardian and the child's probation officer. If the child is convicted as delinquent for a violation of section 53-247, the court may order, as a condition of probation, that the child undergo psychiatric or psychological counseling or participate in an animal cruelty prevention and education program provided such a program exists and is available to the child.
(d) If the child has engaged in conduct which results in property damage or personal injury, the court may order the child or the parent or parents or guardian of the child, if such parent or parents or guardian had knowledge of and condoned the conduct of the child, or both the child and the parent or parents or guardian, to make restitution to the victim of such offense, provided the liability of such parent or parents or guardian shall be limited to an amount not exceeding the amount such parent or parents or guardian would be liable for in an action under section 52-572. Restitution may consist of monetary reimbursement for the damage or injury, based on the child's or the parent's, parents' or guardian's ability to pay, as the case may be, in the form of a lump sum or installment payments, paid to the court clerk or such other official designated by the court for distribution to the victim.
(e) The court may order the child to participate in a program of community service under the supervision of the court or any organization designated by the court. Such child shall not be deemed to be an employee and the services of such child shall not be deemed employment.
(f) If the court further finds that its probation services or other services available to the court are not adequate for such child, the court shall commit such child to the Department of Children and Families in accordance with the provisions of section 46b-141.
(g) Any child or youth coming within the jurisdiction of the court, who is found to be mentally ill, may be committed by said court to the Commissioner of Children and Families and, if the court convicts a child as delinquent and finds such child to be mentally deficient, the court may commit such child to an institution for mentally deficient children or youth or delinquents. No such commitment may be ordered or continued for any child who has attained the age of twenty. Whenever it is found that a child convicted as delinquent or adjudged to be a member of a family with service needs would benefit from a work-study program or employment with or without continued school attendance, the court may, as a condition of probation or supervision, authorize such child to be employed for part or full-time at some useful occupation that would be favorable to such child's welfare, and the probation officer shall supervise such employment. For the purposes of this section, the limitations of subsection (a) of section 31-23 on the employment of minors under the age of sixteen years shall not apply for the duration of such probation or supervision.
(h) Whenever the court commits a child to the Department of Children and Families, there shall be delivered with the mittimus a copy of the results of the investigations made as required by section 46b-134. The court may, at any time, require from the department in whose care a child has been placed such report as to such child and such child's treatment.
(i) If the delinquent act for which the child is committed to the Department of Children and Families is a serious juvenile offense, the court may set a minimum period of twelve months during which the child shall be placed in a residential facility operated by or under contract with said department, as determined by the Commissioner of Children and Families. No such commitment may be ordered or continued for any child who has attained the age of twenty. The setting of such minimum period shall be in the form of an order of the court included in the mittimus. For good cause shown in the form of an affidavit annexed thereto, the Department of Children and Families, the parent or guardian of the child or the child may petition the court for modification of any such order.
(j) Except as otherwise provided in this section, the court may order that a child be (1) committed to the Department of Children and Families and, after consultation with said department, the court may order that the child be placed directly in a residential facility within this state and under contract with said department, or (2) committed to the Commissioner of Children and Families for placement by the commissioner, in said commissioner's discretion, (A) with respect to the juvenile offenders determined by the Department of Children and Families to be the highest risk, [in the Connecticut Juvenile Training School, if the juvenile offender is a male, or in another] in a state facility, presumptively for a minimum period of twelve months, or (B) in a private residential or day treatment facility within or outside this state, or (C) on parole. No such commitment may be ordered or continued for any child who has attained the age of twenty. The commissioner shall use a risk and needs assessment classification system to ensure that children who are in the highest risk level will be placed in an appropriate secure treatment setting.
[(k) On or after May 21, 2004, no female child committed to the Department of Children and Families shall be placed in the Connecticut Juvenile Training School. Any female child placed in the Connecticut Juvenile Training School before May 21, 2004, shall be transferred to another appropriate facility not later than ninety days after May 21, 2004. ]
[(l)] (k) Notwithstanding any provisions of the general statutes concerning the confidentiality of records and information, whenever a child convicted as delinquent is committed to the Department of Children and Families, the Commissioner of Children and Families shall have access to the following information: (1) Educational records of such child; (2) records regarding such child's past treatment for physical or mental illness, including substance abuse; (3) records regarding such child's prior placement in a public or private residential facility; (4) records created or obtained by the Judicial Department regarding such child; and (5) records, as defined in subsection (a) of section 17a-28. The Commissioner of Children and Families shall review such information to determine the appropriate services and placement which will be in the best interest of the child.
Sec. 524. Subsection (e) of section 52-261a of the general statutes is repealed and the following is substituted in lieu thereof (Effective December 1, 2016):
(e) The following fees shall be allowed and paid, except to state employees in the classified service: (1) For each arrest in criminal cases, one dollar and fifty cents; (2) for any necessary assistants in making criminal arrests, a reasonable sum, the necessity of such assistance to be proved by the oath of the officer; (3) for travel with a prisoner to court or to a community correctional center, forty cents a mile, provided (A) if more than one prisoner is transported at the same time, the total cost of travel shall be forty cents per mile for each prisoner transported up to a maximum of two dollars per mile, regardless of the number of prisoners transported, and (B) if a prisoner is transported for commitment on more than one mittimus, the total cost of travel shall be the same as for the transportation of one prisoner committed on one mittimus only; (4) for holding a prisoner in custody upon criminal process for each twelve hours or fraction thereof, to be taxed as expenses in the case, one dollar; (5) for holding a prisoner in custody by order of court, one dollar a day; (6) for keepers, for every twelve hours, in lieu of all other expenses, except in special cases to be approved by the court, five dollars; (7) for executing a mittimus of commitment to the Connecticut Correctional Institution, Somers, for each prisoner, one dollar and fifty cents; (8) for transporting any prisoner from a community correctional center to the Connecticut Correctional Institution, Somers, or for transporting any person under commitment from a community correctional center to the John R. Manson Youth Institution, Cheshire, twenty-five cents a mile, to be taxed as expenses, provided, if more than one prisoner or person is transported, the total cost of travel shall be twenty-five cents per mile for each prisoner or person transported up to a maximum of one dollar per mile, regardless of the number of prisoners or persons transported; (9) for taking samples to a state chemist by order of court, two dollars, and for each mile of travel in going and returning, ten cents; and [(10) for service of a mittimus to commit to the Connecticut Juvenile Training School, necessary expenses and a reasonable compensation; and (11)] (10) for producing any prisoner, held by criminal process, in court or before a judge under habeas corpus proceedings, twenty-five cents a mile travel and two dollars and fifty cents a day for attendance, to be taxed and allowed by the court or judge.
Sec. 525. Section 53-164 of the general statutes is repealed and the following is substituted in lieu thereof (Effective December 1, 2016):
Any person who aids or abets any inmate in escaping from [the Connecticut Juvenile Training School or] the Southbury Training School or who knowingly harbors any such inmate, or aids in abducting any such inmate who has been paroled from the person or persons to whose care and service such inmate has been legally committed, shall be fined not more than five hundred dollars or imprisoned not more than three months or both. Any constable or officer of state or local police, and any officer or employee of any of said institutions, is authorized and directed to arrest any person who has escaped therefrom and return such person thereto.
Sec. 526. Subsection (i) of section 4b-23 of the general statutes is repealed and the following is substituted in lieu thereof (Effective December 1, 2016):
(i) As used in this subsection, (1) "project" means any state program, except the downtown Hartford higher education center project, as defined in subsection [(l)] (k) of section 4b-55, as amended by this act, requiring consultant services if the cost of such services is estimated to exceed one hundred thousand dollars or, in the case of a constituent unit of the state system of higher education, the cost of such services is estimated to exceed three hundred thousand dollars, or in the case of a building or premises under the supervision of the Office of the Chief Court Administrator or property where the Judicial Department is the primary occupant, the cost of such services is estimated to exceed three hundred thousand dollars; (2) "consultant" means "consultant" as defined in section 4b-55, as amended by this act; and (3) "consultant services" means "consultant services" as defined in section 4b-55, as amended by this act. Any contracts entered into by the Commissioner of Administrative Services with any consultants for employment (A) for any project under the provisions of this section, (B) in connection with a list established under subsection (d) of section 4b-51, or (C) by task letter issued by the Commissioner of Administrative Services to any consultant on such list pursuant to which the consultant will provide services valued in excess of one hundred thousand dollars, shall be subject to the approval of the Properties Review Board prior to the employment of such consultant or consultants by the commissioner. The Properties Review Board shall, not later than thirty days after receipt of such selection of or contract with any consultant, approve or disapprove the selection of or contract with any consultant made by the Commissioner of Administrative Services pursuant to sections 4b-1 and 4b-55 to 4b-59, inclusive, as amended by this act. If upon the expiration of the thirty-day period a decision has not been made, the Properties Review Board shall be deemed to have approved such selection or contract.
Sec. 527. Section 4b-91 of the general statutes is repealed and the following is substituted in lieu thereof (Effective December 1, 2016):
(a) (1) As used in this section, "prequalification classification" means the prequalification classifications established by the Commissioner of Administrative Services pursuant to section 4a-100, "public agency" has the same meaning as provided in section 1-200 and "awarding authority" means the Department of Administrative Services, except "awarding authority" means (A) the Joint Committee on Legislative Management, in the case of a contract for the construction of or work on a building or other public work under the supervision and control of the joint committee, or (B) the constituent unit of the state system of higher education, in the case of a contract for the construction of or work on a building or other public work under the supervision and control of such constituent unit.
(2) Except as provided in subdivision (3) of this subsection, every contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or any other public work by the state that is estimated to cost more than five hundred thousand dollars shall be awarded to the lowest responsible and qualified general bidder who is prequalified pursuant to section 4a-100 on the basis of competitive bids in accordance with the procedures set forth in this chapter, after the awarding authority has invited such bids by posting notice on the State Contracting Portal. The awarding authority shall indicate the prequalification classification required for the contract in such notice.
(3) The requirements set forth in subdivision (2) of this subsection shall not apply to (A) a public highway or bridge project or any other construction project administered by the Department of Transportation, or (B) a contract awarded by the Commissioner of Administrative Services for (i) any public building or other public works project administered by the Department of Administrative Services that is estimated to cost one million five hundred thousand dollars or less, (ii) a community court project, as defined in subsection (j) of section 4b-55, as amended by this act, (iii) the downtown Hartford higher education center project, as defined in subsection [(l)] (k) of section 4b-55, as amended by this act, (iv) a correctional facility project, as defined in subsection [(m)] (l) of section 4b-55, as amended by this act, (v) a juvenile detention center project, as defined in subsection [(n)] (m) of section 4b-55, as amended by this act, or (vi) a student residential facility for the Connecticut State University System that is a priority higher education facility project, as defined in subsection (f) of section 4b-55, as amended by this act.
(4) Every contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or any other public work by a public agency that is paid for, in whole or in part, with state funds and that is estimated to cost more than five hundred thousand dollars shall be awarded to a bidder that is prequalified pursuant to section 4a-100 after the public agency has invited such bids by posting notice on the State Contracting Portal, except for (A) a public highway or bridge project or any other construction project administered by the Department of Transportation, or (B) any public building or other public works project administered by the Department of Administrative Services that is estimated to cost one million five hundred thousand dollars or less. The awarding authority or public agency, as the case may be, shall indicate the prequalification classification required for the contract in such notice.
(5) (A) The Commissioner of Administrative Services may select contractors to be on lists established for the purpose of providing contractor services for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or other public works project administered by the Department of Administrative Services involving an expense to the state of one million five hundred thousand dollars or less. The commissioner shall use the prequalification classifications established pursuant to section 4a-100 to determine the specific categories of services that contractors may perform after being selected in accordance with this subparagraph and subparagraph (B) of this subdivision and awarded a contract in accordance with subparagraph (C) of this subdivision. The commissioner may establish a separate list for projects involving an expense to the state of less than five hundred thousand dollars for the purpose of selecting and utilizing the services of small contractors and minority business enterprises, as such terms are defined in section 4a-60g.
(B) The commissioner shall invite contractors to submit qualifications for each specific category of services sought by the department by posting notice of such invitation on the State Contracting Portal. The notice shall be in the form determined by the commissioner, and shall set forth the information that a contractor is required to submit to be considered for selection. Upon receipt of the submittal from the contractor, the commissioner shall select, for each specified category, those contractors who (i) are determined to be the most responsible and qualified, as such terms are defined in section 4b-92, to perform the work required under the specified category, (ii) have demonstrated the skill, ability and integrity to fulfill contract obligations considering their past performance, financial responsibility and experience with projects of the size, scope and complexity required by the state under the specified category, and (iii) for projects with a cost exceeding five hundred thousand dollars, have the ability to obtain the requisite bonding. The commissioner shall establish the duration that each list remains in effect, which in no event may exceed three years.
(C) For any public building or public works project involving an expense to the state of one million five hundred thousand dollars or less, the commissioner shall invite bids from only those contractors selected pursuant to subparagraphs (A) and (B) of this subdivision for the specific category of services required for the particular project. The commissioner shall determine the form of bid invitation, the manner of, and time for, submission of bids, and the conditions and requirements of such bids. The contract shall be awarded to the lowest responsible and qualified bidder, subject to the provisions of sections 4b-92 and 4b-94. In the event that fewer than three bids are received in response to an invitation to bid under this subdivision, or that all the bids are in excess of the amount of available funds for the project, the commissioner may negotiate a contract with any of the contractors submitting a bid, or reject the bids received and rebid the project in accordance with this section.
(b) The awarding authority shall determine the manner of submission and the conditions and requirements of such bids, and the time within which the bids shall be submitted, consistent with the provisions of this section and sections 4b-92 to 4b-96, inclusive. Such award shall be made not later than ninety days after the opening of such bids. If the general bidder selected as the general contractor fails to perform the general contractor's agreement to execute a contract in accordance with the terms of the general contractor's general bid and furnish a performance bond and also a labor and materials or payment bond to the amount specified in the general bid form, an award shall be made to the next lowest responsible and qualified general bidder, or, in the case of a contract awarded by the Department of Administrative Services under subdivision (5) of subsection (a) of this section, to the bidder determined in accordance with said subdivision if fewer than three bids are received. No employee of an awarding authority with decision-making authority concerning the award of a contract and no public official, as defined in section 1-79, may communicate with any bidder prior to the award of the contract if the communication results in the bidder receiving information about the contract that is not available to other bidders, except that if the lowest responsible and qualified bidder's price submitted is in excess of funds available to make an award, the awarding authority may negotiate with such bidder and award the contract on the basis of the funds available, without change in the contract specifications, plans and other requirements. If the award of a contract on such basis is refused by such bidder, the awarding authority may negotiate with other contractors who submitted bids in ascending order of bid prices without change in the contract, specifications, plans and other requirements. In the event of negotiation with general bidders as provided in this section, the general bidder involved may negotiate with subcontractors on the same basis, provided such general bidder shall negotiate only with subcontractors named on such general bidder's general bid form.
(c) No person may bid on a contract or perform work pursuant to a contract that is subject to the provisions of subsection (a) of this section unless the person is prequalified in accordance with section 4a-100.
(d) Each bid submitted for a contract described in subsection (c) of this section shall include an update bid statement in such form as the Commissioner of Administrative Services prescribes and, if required by the public agency soliciting such bid, a copy of the prequalification certificate issued by the Commissioner of Administrative Services. The form for such update bid statement shall provide space for information regarding all projects completed by the bidder since the date the bidder's prequalification certificate was issued or renewed, all projects the bidder currently has under contract, including the percentage of work on such projects not completed, the names and qualifications of the personnel who will have supervisory responsibility for the performance of the contract, any significant changes in the bidder's financial position or corporate structure since the date the certificate was issued or renewed, any change in the contractor's qualification status as determined by the provisions of subdivision (6) of subsection (c) of section 4a-100 and such other relevant information as the Commissioner of Administrative Services prescribes. Any bid submitted without a copy of the prequalification certificate, if required by the public agency soliciting such bid, and an update bid statement shall be deemed invalid. Any public agency that accepts a bid submitted without a copy of such prequalification certificate, if required by such public agency soliciting such bid, and an update bid statement may become ineligible for the receipt of funds related to such bid.
(e) Any person who bids on a contract described in subsection (c) of this section shall certify under penalty of false statement at the conclusion of the bidding process that the information in the bid is true, that there has been no substantial change in the bidder's financial position or corporate structure since the bidder's most recent prequalification certificate was issued or renewed, other than those changes noted in the update bid statement, and that the bid was made without fraud or collusion with any person.
(f) Any person who receives information from a state employee or public official that is not available to the general public concerning any construction, reconstruction, alteration, remodeling, repair or demolition project on a public building or any other public work prior to the date that a notice for bids on the project is posted shall be disqualified from bidding on the project.
(g) Notwithstanding the provisions of this chapter regarding competitive bidding procedures, the commissioner may select and interview at least three responsible and qualified general contractors who are prequalified pursuant to section 4a-100 and submit the three selected contractors to the construction services award panels process described in section 4b-100a and any regulation adopted by the commissioner. The commissioner may negotiate with the successful bidder a contract which is both fair and reasonable to the state for a community court project, as defined in subsection (j) of section 4b-55, as amended by this act, the downtown Hartford higher education center project, as defined in subsection [(l)] (k) of section 4b-55, as amended by this act, a correctional facility project, as defined in subsection [(m)] (l) of section 4b-55, as amended by this act, a juvenile detention center project, as defined in subsection [(n)] (m) of section 4b-55, as amended by this act, or a student residential facility for the Connecticut State University System that is a priority higher education facility project, as defined in subsection (f) of section 4b-55, as amended by this act. The Commissioner of Administrative Services, prior to entering any such contract or performing any work on such project, shall submit such contract to the State Properties Review Board for review and approval or disapproval by the board, pursuant to subsection (i) of this section. Any general contractor awarded a contract pursuant to this subsection shall be subject to the same requirements concerning the furnishing of bonds as a contractor awarded a contract pursuant to subsection (b) of this section.
(h) Any agency that seeks to have a project awarded without being subject to competitive bidding procedures shall certify to the joint committee of the General Assembly having cognizance of matters relating to government administration and elections that the project is of such an emergency nature that an exception to the competitive bidding procedures of this section is required. Such certification shall include input from all affected agencies, detail the need for the exception and include any relevant documentation.
(i) In the event that the General Assembly approves legislation authorizing an exception to the competitive bidding process for a project, the State Properties Review Board shall complete a review of the contract for such project and approve or disapprove such contract no later than thirty days after the Commissioner of Administrative Services submits such contract to the board. Such review shall be conducted in accordance with the provisions of section 4b-3. In the event that such review does not occur within the thirty-day period prescribed by this subsection, such contract shall be deemed to be approved.
(j) No person whose subcontract exceeds five hundred thousand dollars in value may perform work as a subcontractor on a project for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or any other public work by the state or a municipality, except a public highway or bridge project or any other construction project administered by the Department of Transportation, which project is estimated to cost more than five hundred thousand dollars and is paid for, in whole or in part, with state funds, unless, at the time of the bid submission, the person is prequalified in accordance with section 4a-100. The provisions of this subsection shall not apply to the downtown Hartford higher education center project, as defined in subsection [(l)] (k) of section 4b-55, as amended by this act.
(k) Notwithstanding any provision of this chapter, the Commissioner of Administrative Services may purchase equipment, supplies, materials or other property or services under sections 4a-53 and 4a-66 as required to fulfill his or her responsibilities under this chapter.
Sec. 528. Section 17a-6c of the general statutes is repealed and the following is substituted in lieu thereof (Effective December 1, 2016):
[(a)] On or before June 1, 2004, and annually thereafter, the Department of Children and Families shall report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to criminal law, children and the Department of Children and Families on: (1) The number of adjudicated youths, by gender and age, in the care and custody of the department, (2) the facilities in which such youths are being housed, (3) the number, age and gender of such youths who have left department custody in an unauthorized manner, (4) the number of police reports filed with respect to such youths, and (5) the status of new construction or preparation of facilities to house adjudicated youths in the care and custody of the department.
[(b) The report required by subsection (a) of this section shall be attached to the annual report required to be filed by the Commissioner of Children and Families pursuant to subsections (c) and (d) of section 17a-6b. ]
Sec. 529. (Effective from passage) (a) The Commissioner of Developmental Services shall, in consultation with key stakeholders, develop a plan (1) regarding state-operated intermediate care facilities for individuals with intellectual disabilities, or (2) to convert such facilities to a different purpose for the use of persons served by the Department of Developmental Services. In developing such plan, the commissioner shall consider the settlement agreement approved by the United States District Court for the District of Connecticut in the case of Messier vs. Southbury Training School in furtherance of a strategic timeline for such facilities.
(b) Not later than October 1, 2016, the commissioner shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and public health concerning the plan developed in accordance with subsection (a) of this section. Such report shall include, but need not be limited to: (1) A timeline for changing the purpose of such facilities; (2) a description of the commissioner's plan to (A) transition residents of such facilities to community-based settings, (B) meet the needs of all persons receiving or requiring services from the Department of Developmental Services, (C) address any environmental issues relating to the properties on which such facilities are located, (D) utilize such facilities for a new purpose after the closure of such facilities, if applicable, and (E) staff facilities and homes located in community-based settings; and (3) (A) a financial analysis of short-term and long-term costs and savings relating to the implementation of the plan, and (B) a description of resources needed to implement the plan.
Sec. 530. (Effective from passage) Not later than July 1, 2016, the Secretary of the Office of Policy and Management shall issue a request for qualifications for the provision of health care services and behavioral health care services to inmates of the Department of Correction. The deadline for responses to such request shall be not later than sixty days after such issuance. Not later than January 1, 2017, the secretary shall report to the General Assembly a summary of the results of such request, including, but not limited to, the number of entities that submitted their qualifications in response to such request and the number of such entities the secretary determines are qualified to provide such services.
Sec. 531. (NEW) (Effective from passage) (a) There is established a Commission on Overtime Expenditures. The commission shall study the overtime expenditures of state agencies and make recommendations for legislative actions to curtail such expenditures.
(b) The commission shall consist of the following members:
(1) The speaker of the House of Representatives, or the speaker's designee;
(2) The president pro tempore of the Senate, or the president pro tempore's designee;
(3) The majority leader of the House of Representatives, or the majority leader's designee;
(4) The majority leader of the Senate, or the majority leader's designee;
(5) The minority leader of the House of Representatives, or the minority leader's designee;
(6) One person appointed by the minority leader of the House of Representatives;
(7) The minority leader of the Senate, or the minority leader's designee; and
(8) One person appointed by the minority leader of the Senate.
(c) Any member of the commission designated or appointed under subsection (b) of this section may be a member of the General Assembly.
(d) All appointments to the commission shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.
(e) The speaker of the House of Representatives and the minority leader of the Senate shall select the chairpersons of the commission from among the members of the commission. Such chairpersons shall schedule the first meeting of the commission, which shall be held not later than sixty days after the effective date of this section.
(f) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies shall serve as administrative staff of the commission.
(g) (1) Commencing February 1, 2016, and monthly thereafter, each state agency shall report to the Office of Fiscal Analysis on its overtime expenditures for the previous month, including the amount of overtime expenditures per location, the type of overtime work that was undertaken and a detailed description of the need to accrue such overtime expenditures.
(2) Not later than thirty days after receiving such reports on overtime expenditures, the Office of Fiscal Analysis shall prepare and submit a compilation of such reports, in accordance with the provisions of section 11-4a of the general statutes, to the commission and to 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.
(h) Not later than July 1, 2016, and quarterly thereafter, the commission shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, in accordance with the provisions of section 11-4a of the general statutes.
Sec. 532. (Effective from passage)
(a) There is established the Bipartisan Commission on the Constitutional Spending Cap. The commission shall define "increase in personal income", "increase in inflation" and "general budget expenditures" for purposes of the general budget expenditures requirement pursuant to section 18 of article third of the Constitution of the state.
(b) The commission shall consist of the following members:
(1) The speaker of the House of Representatives, or the speaker's designee;
(2) The president pro tempore of the Senate, or the president pro tempore's designee;
(3) The majority leader of the House of Representatives, or the majority leader's designee;
(4) The majority leader of the Senate, or the majority leader's designee;
(5) The minority leader of the House of Representatives, or the minority leader's designee;
(6) One person appointed by the minority leader of the House of Representatives;
(7) The minority leader of the Senate, or the minority leader's designee; and
(8) One person appointed by the minority leader of the Senate.
(c) Any member of the commission designated or appointed under subsection (b) of this section may be a member of the General Assembly.
(d) All appointments to the commission shall be made not later than December 15, 2015. Any vacancy shall be filled by the appointing authority.
(e) The speaker of the House of Representatives and the minority leader of the Senate shall select the chairpersons of the commission from among the members of the commission. Such chairpersons shall schedule the first meeting of the commission, which shall be held not later than January 1, 2016.
(f) Not later than February 1, 2016, the commission shall submit the definitions to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, in accordance with the provisions of section 11-4a of the general statutes. Not later than February 15, 2016, such joint standing committee shall hold a public informational hearing on the definitions. Such joint standing committee may make recommendations for legislation relating to the definitions.
(g) Not later than March 1, 2016, the General Assembly shall enact into law, by vote of at least three-fifths of the members of each chamber, legislation amending the general statutes to define "increase in personal income", "increase in inflation" and "general budget expenditures" as prescribed by the commission pursuant to this rule.
Sec. 533. (Effective from passage) If the General Assembly has failed to adopt definitions implementing the constitutional spending cap by the required three-fifths vote on or before March 1, 2016, the following salary and other reductions in legislative benefits shall apply and shall remain in effect until such time as such definitions have been adopted by the General Assembly and signed by the Governor:
(1) Notwithstanding the provisions of section 2-9 of the general statutes, the members and officers of the General Assembly shall receive salaries that are ten per cent less than the salaries specified in said section;
(2) Notwithstanding the provisions of section 2-15 of the general statutes, no member of the General Assembly shall receive any transportation allowance;
(3) Notwithstanding the provisions of section 2-15a of the general statutes, no member of the General Assembly shall be entitled to any unsolicited mailings at the expense of the state; and
(4) No member of the General Assembly or legislative employee shall receive payment from the state for any expenses associated with or resulting from attendance at any conference or other meeting in this state or another state or for any other travel related expense.
Sec. 534. Sections 7-63, 17a-3a, 17a-6b, 17a-27, 17a-27b, 17a-27d and 17a-27e of the general statutes are repealed. (Effective December 1, 2016)"
This act shall take effect as follows and shall amend the following sections: | ||
Sec. 501 |
from passage |
5-278(b) |
Sec. 502 |
from passage |
5-278(d) |
Sec. 503 |
from passage |
5-278(f) |
Sec. 504 |
from passage |
5-271(a) |
Sec. 505 |
from passage |
5-272(c) |
Sec. 506 |
from passage |
3-13b |
Sec. 507 |
from passage |
New section |
Sec. 508 |
July 1, 2016 |
31-53(h) |
Sec. 509 |
from passage |
3-20(d) |
Sec. 510 |
from passage |
New section |
Sec. 511 |
from passage |
New section |
Sec. 512 |
December 1, 2016 |
4b-55 |
Sec. 513 |
December 1, 2016 |
4b-58(a) |
Sec. 514 |
December 1, 2016 |
10-233d(l) |
Sec. 515 |
December 1, 2016 |
10-233k(b) |
Sec. 516 |
December 1, 2016 |
17a-3(a) |
Sec. 517 |
December 1, 2016 |
17a-11(b) |
Sec. 518 |
December 1, 2016 |
17a-12 |
Sec. 519 |
December 1, 2016 |
17a-32 |
Sec. 520 |
December 1, 2016 |
17a-185 |
Sec. 521 |
December 1, 2016 |
17a-201b |
Sec. 522 |
December 1, 2016 |
22a-1f(b) |
Sec. 523 |
December 1, 2016 |
46b-140 |
Sec. 524 |
December 1, 2016 |
52-261a(e) |
Sec. 525 |
December 1, 2016 |
53-164 |
Sec. 526 |
December 1, 2016 |
4b-23(i) |
Sec. 527 |
December 1, 2016 |
4b-91 |
Sec. 528 |
December 1, 2016 |
17a-6c |
Sec. 529 |
from passage |
New section |
Sec. 530 |
from passage |
New section |
Sec. 531 |
from passage |
New section |
Sec. 532 |
from passage |
New section |
Sec. 533 |
from passage |
New section |
Sec. 534 |
December 1, 2016 |
Repealer section |