CHAPTER 50

OFFICE OF POLICY AND MANAGEMENT:
GENERAL PROVISIONS; BUDGET AND APPROPRIATIONS;
STATE PLANNING

Table of Contents

Sec. 4-66k. Regional planning incentive account.

Sec. 4-66n. Municipal reimbursement and revenue account. Distribution of funds.

Sec. 4-66s. Collaboration task force. Offering performance of functions, activities or services.

Sec. 4-67i. Agency procurement plan.

Sec. 4-67o. Definitions.

Sec. 4-67x. Child Poverty and Prevention Council established. Duties. Ten-year plan. Prevention goals, recommendations and outcome measures. Protocol for state contracts. Agency reports. Council report to General Assembly. Termination of ­council.

Sec. 4-67z. Review of legal obstacles to sharing of high value data. Report.

Sec. 4-68ff. Collection, presentation and reporting of prosecutorial data.

Sec. 4-89. Appropriations; treatment of unexpended balances at close of fiscal year.

Sec. 4-105. Procedure where right to inspect records is denied.

Sec. 4-124r. Purchase of real property; borrowing for such purchase.


PART I

GENERAL PROVISIONS

Sec. 4-66k. Regional planning incentive account. (a) There is established an account to be known as the “regional planning incentive account” which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. Except as provided in subsection (d) of this section, moneys, in the account shall be expended by the Secretary of the Office of Policy and Management in accordance with subsection (b) of this section for the purposes of first providing funding to regional planning organizations in accordance with the provisions of subsections (b) and (c) of this section and then to providing grants under the regional performance incentive program established pursuant to section 4-124s.

(b) For the fiscal year ending June 30, 2014, funds from the regional planning incentive account shall be distributed to each regional planning organization, as defined in section 4-124i, revision of 1958, revised to January 1, 2013, in the amount of one hundred twenty-five thousand dollars. Any regional council of governments that is comprised of any two or more regional planning organizations that voluntarily consolidate on or before December 31, 2013, shall receive an additional payment in an amount equal to the amount the regional planning organizations would have received if such regional planning organizations had not voluntarily consolidated.

(c) Beginning in the fiscal year ending June 30, 2015, and annually thereafter, funds from the regional planning incentive account shall be distributed to each regional council of governments formed pursuant to section 4-124j, in the amount of one hundred ­twenty-five thousand dollars plus fifty cents per capita, using population information from the most recent federal decennial census. Any regional council of governments that is comprised of any two or more regional planning organizations, as defined in section 4-124i, revision of 1958, revised to January 1, 2013, that voluntarily consolidated on or before December 31, 2013, shall receive a payment in the amount of one hundred twenty-five thousand dollars for each such regional planning organization that voluntarily consolidated on or before said date.

(d) There is established a regionalization subaccount within the regional planning incentive account. If the Connecticut Lottery Corporation offers online its existing lottery draw games through the corporation's Internet web site, online service or mobile application, the revenue from such online offering that exceeds an amount equivalent to the costs of the debt-free community college program under section 10a-174 shall be deposited in the subaccount, or, if such online offering is not established, the amount provided under subsection (b) of section 364 of public act 19-117* for regionalization initiatives shall be deposited in the subaccount. Moneys in the subaccount shall be expended only for the purposes recommended by the task force established under section 4-66s.

(P.A. 11-6, S. 95; June 12 Sp. Sess. P.A. 12-1, S. 190; P.A. 13-247, S. 251; P.A. 19-117, S. 365.)

*Note: Section 364 of public act 19-117 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.

History: P.A. 11-6 effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 designated existing provision re grants as Subdiv. (1) and added Subdiv. (2) re providing funding to Voluntary Regional Consolidation Bonus Pool, effective July 1, 2012; P.A. 13-247 designated existing provisions as Subsec. (a) and amended same by changing name of account to regional planning incentive account, specifying that moneys be expended “in accordance with subsection (b) of this section”, adding “first providing funding to regional planning organizations in accordance with the provisions of subsections (b) and (c) of this section and then to”, deleting former Subdiv. (2) re funding to Voluntary Regional Consolidation Bonus Pool and making a conforming change, and added Subsecs. (b) and (c) re distribution of funds in account in fiscal years ending June 30, 2014, and June 30, 2015, effective June 19, 2013; P.A. 19-117 added Subsec. (d) re establishment of regionalization subaccount and made a conforming change in Subsec. (a), effective June 26, 2019.

Sec. 4-66n. Municipal reimbursement and revenue account. Distribution of funds. (a) There is established an account to be known as the “municipal reimbursement and revenue account” which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account.

(b) Moneys transferred to the account in accordance with section 87 of public act 13-247* shall be expended by the Office of Policy and Management as follows: (1) For the Nutmeg Network, two million one hundred four thousand dollars; (2) for a tax incidence study, seven hundred thousand dollars; (3) for the universal chart of accounts, two hundred seventy thousand dollars; (4) to audit private providers of special education services, in accordance with section 2-90 and sections 10-91g to 10-91i, inclusive, three hundred sixty-six thousand dollars; (5) for the Department of Education, to conduct the study described in section 4 of public act 16-144*, two hundred fifty thousand dollars; and (6) to promote and facilitate the implementation of the most efficient, high-quality, cost-effective and responsive service delivery, two hundred fifty thousand dollars. Such moneys for the universal chart of accounts may be used to reimburse expenses incurred on or after July 1, 2013.

(P.A. 13-247, S. 328; P.A. 15-169, S. 1; P.A. 16-144, S. 5; P.A. 19-117, S. 229.)

*Note: Section 87 of public act 13-247 and section 4 of public act 16-144 are special in nature and therefore have not been codified but remain in full force and effect according to their terms.

History: P.A. 13-247 effective June 19, 2013; P.A. 15-169 amended Subsec. (b) by changing “Moneys in the account” to “Moneys transferred to the account in accordance with section 87 of public act 13-247”, deleting specific time frames for expenditures of funds, changing $1,087,000 to $2,174,000 in Subdiv. (1), changing $500,000 to $700,000 in Subdiv. (2), and adding provision re use of funds for universal chart of accounts expense reimbursement, effective July 1, 2015; P.A. 16-144 amended Subsec. (b) to add Subdiv. (4) re audit of private providers of special education services and add Subdiv. (5) re Department of Education to conduct study, effective June 9, 2016; P.A. 19-117 amended Subsec. (b) by changing $2,174,000 to $2,104,000 in Subdiv. (1), changing $450,000 to $270,000 in Subdiv. (3) and adding Subdiv. (6) re implementation of most efficient, high-­quality, cost-effective and responsive service delivery, effective July 1, 2019.

Sec. 4-66s. Collaboration task force. Offering performance of functions, activities or services. (a) There is established a task force to study ways to encourage greater and improved collaboration among the state and municipal governments and regional bodies. Such study shall include, but not be limited to, (1) the examination of functions, activities or services, currently performed by municipalities individually, that might be more efficiently performed by the Office of Policy and Management on behalf of municipalities willing to opt in or opt out of accepting such performance on their behalf, (2) the examination of functions, activities or services, currently performed by the state or municipalities that might be provided in a more efficient, high-quality, cost-effective or responsive manner by regional councils of governments, regional educational service centers or other similar regional bodies that are responsive to residents, (3) cost savings of government services, including, but not limited to, joint purchasing, for a municipality and its local or regional school district, (4) cost savings through the sharing of government services, including, but not limited to, joint purchasing, among municipalities, (5) the standardization and alignment of various regions of the state, (6) analyses of any other initiatives that might facilitate the delivery of services in a more efficient, high-quality, cost-effective or responsive manner, and (7) a recommendation of the division, if any, of revenue in the regionalization subaccount within the regional planning incentive account established under section 4-66k, between the Office of Policy and Management and the regional councils of governments, regional educational service centers or similar regional bodies for the purposes of subdivisions (1) and (2) of this subsection. Any initiative recommended to be undertaken by the task force shall be offered to municipalities on a voluntary basis.

(b) The task force shall consist of (1) the Secretary of the Office of Policy and Management or the secretary's designee, (2) the chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to planning and development and finance, revenue and bonding, or their designees, and (3) the members of the Connecticut Advisory Commission on Intergovernmental Relations, established under section 2-79a.

(c) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding shall serve as administrative staff of the task force. The Office of Policy and Management shall provide additional support to the task force as necessary.

(d) Not later than February 5, 2020, the task force shall submit a report, in accordance with the provisions of section 11-4a, on its findings and recommendations for any legislative changes to the joint standing committees of the General Assembly having cognizance of matters relating to planning and development and finance, revenue and bonding. The task force shall terminate on the date that it submits such report or February 5, 2020, whichever is later.

(e) On and after July 1, 2020, and in accordance with the findings and recommendations of the task force under this section, the Secretary of the Office of Policy and Management shall commence offering the performance of any functions, activities or services recommended under subdivision (1) of subsection (a) of this section.

(f) The secretary shall establish requirements of and procedures and guidelines for the performance of functions, activities or services under subsection (a) of this section, the amounts of any grants to be awarded and deadlines for application submissions and final selection of grant recipients. The secretary may also establish fees to be charged to municipalities that opt to participate in any functions, activities or services offered under subdivision (1) of subsection (a) of this section.

(g) Any regional council of governments, regional educational service center or other similar regional body offering any functions, activities or services under subdivision (2) of subsection (a) of this section may establish fees to be charged to municipalities that opt to participate in such functions, activities or services.

(P.A. 19-117, S. 366.)

History: P.A. 19-117 effective June 26, 2019.

Sec. 4-67i. Agency procurement plan. Not later than January 1, 2020, and every three years thereafter, each state agency, as defined in section 4-212, shall submit to the Secretary of the Office of Policy and Management for approval an agency procurement plan that includes, but is not limited to, a list of all services and programs the agency intends to contract for over the three-year period next succeeding such report, and a planned schedule of procurements indicating whether such procurements shall be based on competitive negotiation or competitive quotations, or whether the state agency has determined that a sole source purchase of services is required and the agency intends to apply to the secretary for a waiver in accordance with the guidelines adopted under section 4-215.

(P.A. 19-117, S. 104.)

Sec. 4-67o. Definitions. As used in this section, sections 2-79e and 4-67p and 4-67z:

(1) “Data” means the final version of statistical or factual information that: (A) Is reflected in a list, table, graph, chart or other non-narrative form that can be digitally or nondigitally transmitted or processed; (B) is regularly created or maintained by, or on behalf of, an executive branch agency; and (C) records a measurement, transaction or determination related to the mission of the agency or is provided to the agency by third parties pursuant to law.

(2) “Executive branch agency” means any agency listed in section 4-38c, except the Board of Regents for Higher Education.

(3) “High value data” means any data that the department head determines (A) is critical to the operation of an executive branch agency; (B) can increase executive branch agency accountability and responsiveness; (C) can improve public knowledge of the executive branch agency and its operations; (D) can further the core mission of the executive branch agency; (E) can create economic opportunity; (F) is frequently requested by the public; (G) responds to a need and demand as identified by the agency through public consultation; or (H) is used to satisfy any legislative or other reporting requirements.

(4) “Open data” means any data that (A) is freely available in convenient and modifiable format and can be retrieved, downloaded, indexed and searched; (B) is formatted in a manner that allows for automated machine processing; (C) does not have restrictions governing use; (D) is published with the finest possible level of detail that is practicable and permitted by law; and (E) is described in enough detail so users of the data have sufficient information to understand (i) the strengths, weaknesses, analytical limitations and security requirements of the data, and (ii) how to process such data.

(5) “Public data” means any data collected by an executive branch agency that is permitted to be made available to the public, consistent with any and all applicable laws, rules, regulations, ordinances, resolutions, policies or other restrictions, requirements or rights associated with the data, including, but not limited to, contractual or other legal restrictions, orders or requirements.

(6) “Protected data” means any data the public disclosure of which would (A) violate federal or state laws or regulations; (B) endanger the public health, safety or welfare; (C) hinder the operation of the federal, state or municipal government, including criminal and civil investigations; or (D) impose an undue financial, operational or administrative burden on the executive branch agency. “Protected data” includes any records not required to be disclosed pursuant to subsection (b) of section 1-210.

(P.A. 18-175, S. 1; P.A. 19-153, S. 2.)

History: P.A. 18-175 effective June 7, 2018; P.A. 19-153 amended the introductory language to add reference to Sec. 4-67z, effective July 9, 2019.

Sec. 4-67x. Child Poverty and Prevention Council established. Duties. Ten-year plan. Prevention goals, recommendations and outcome measures. Protocol for state contracts. Agency reports. Council report to General Assembly. Termination of ­council. (a) There shall be a Child Poverty and Prevention Council consisting of the following members or their designees: The Secretary of the Office of Policy and Management, the president pro tempore of the Senate, the speaker of the House of Representatives, the minority leader of the Senate and the minority leader of the House of Representatives, the Commissioners of Children and Families, Social Services, Correction, Developmental Services, Mental Health and Addiction Services, Transportation, Public Health, Education, Housing, Agriculture and Economic and Community Development, the Labor Commissioner, the Chief Court Administrator, the chairperson of the Board of Regents for Higher Education, the Child Advocate, the executive directors of the Office of Early Childhood and the Commission on Human Rights and Opportunities and the executive director of the Commission on Women, Children, Seniors, Equity and Opportunity or a designee. The Secretary of the Office of Policy and Management, or the secretary's designee, shall be the chairperson of the council. The council shall (1) develop and promote the implementation of a ten-year plan, to begin June 8, 2004, to reduce the number of children living in poverty in the state by fifty per cent, and (2) within available appropriations, establish prevention goals and recommendations and measure prevention service outcomes in accordance with this section in order to promote the health and well-being of children and families.

(b) The ten-year plan shall contain: (1) An identification and analysis of the occurrence of child poverty in the state, (2) an analysis of the long-term effects of child poverty on children, their families and their communities, (3) an analysis of costs of child poverty to municipalities and the state, (4) an inventory of state-wide public and private programs that address child poverty, (5) the percentage of the target population served by such programs and the current state funding levels, if any, for such programs, (6) an identification and analysis of any deficiencies or inefficiencies of such programs, and (7) procedures and priorities for implementing strategies to achieve a fifty per cent reduction in child poverty in the state by June 30, 2014. Such procedures and priorities shall include, but not be limited to, (A) vocational training and placement to promote career progression for parents of children living in poverty, (B) educational opportunities, including higher education opportunities, and advancement for such parents and children, including, but not limited to, preliteracy, literacy and family literacy programs, (C) housing for such parents and children, (D) child care services, as described in section 19a-77, after-school programs and mentoring programs for such children and for single parents, (E) health care access for such parents and children, including access to mental health services and family planning, (F) treatment programs and services, including substance abuse programs and services, for such parents and children, and (G) accessible childhood nutrition programs.

(c) In developing the ten-year plan, the council shall consult with experts and providers of services to children living in poverty and parents of such children. The council shall hold at least one public hearing on the plan. After the public hearing, the council may make any modifications that the members deem necessary based on testimony given at the public hearing.

(d) Funds from private and public sources may be accepted and utilized by the council to develop and implement the plan and the provisions of this section.

(e) Not later than January 1, 2005, the council shall submit the plan, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, human services and children, along with any recommendations for legislation and funding necessary to implement the plan.

(f) (1) On or before January first of each year from 2006 to 2015, inclusive, the council shall report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, human services and children on the implementation of the plan, progress made toward meeting the child poverty reduction goal specified in subsection (a) of this section and the extent to which state actions are in conformity with the plan. The council shall meet at least two times annually for the purposes set forth in this section.

(2) On or before January first of each year from 2007 to 2015, inclusive, the council shall, within available appropriations, report, in accordance with section 11-4a, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, education, human services, public health and children on the state's progress in prioritizing expenditures in budgeted state agencies with membership on the council in order to fund prevention services. The report shall include (A) a summary of measurable gains made toward the child poverty and prevention goals established in this section; (B) a copy of each such agency's report on prevention services submitted to the council pursuant to subsection (g) of this section; (C) examples of successful interagency collaborations to meet the child poverty and prevention goals established in this section; and (D) recommendations for prevention investment and budget priorities. In developing such recommendations, the council shall consult with experts and providers of services to children and families.

(g) (1) On or before November first of each year from 2006 to 2014, inclusive, each budgeted state agency with membership on the council that provides prevention services to children shall, within available appropriations, report to the council in accordance with this subsection.

(2) Each agency report shall include at least two prevention services not to exceed the actual number of prevention services provided by the agency. For each prevention service reported by the agency, the agency report shall include (A) a statement of the number of children and families served, (B) a description of the preventive purposes of the service, (C) for reports due after November 1, 2006, a description of performance-based standards and outcomes included in relevant contracts pursuant to subsection (h) of this section, and (D) any performance-based vendor accountability protocols.

(3) Each agency report shall also include (A) long-term agency goals, strategies and outcomes to promote the health and well-being of children and families, (B) overall findings on the effectiveness of prevention within such agency, (C) a statement of whether there are methods used by such agency to reduce disparities in child performance and outcomes by race, income level and gender, and a description of such methods, if any, and (D) other information the agency head deems relevant to demonstrate the preventive value of services provided by the agency. Long-term agency goals, strategies and outcomes reported under this subdivision may include, but need not be limited to, the following:

(i) With respect to health goals, increasing (I) the number of healthy pregnant women and newborns, (II) the number of youths who adopt healthy behaviors, and (III) access to health care for children and families;

(ii) With respect to education goals, increasing the number of children who (I) are ready for school at an appropriate age, (II) learn to read by third grade, (III) succeed in school, (IV) graduate from high school, and (V) successfully obtain and maintain employment as adults;

(iii) With respect to safety goals, decreasing (I) the rate of child neglect and abuse, (II) the number of children who are unsupervised after school, (III) the incidence of child and youth suicide, and (IV) the incidence of juvenile crime; and

(iv) With respect to housing goals, increasing access to stable and adequate housing.

(4) Each agency report shall also include (A) a list of agency programs that provide prevention services, (B) the actual prevention services expenditures for the most recently completed fiscal year, and (C) the percentage of total actual agency expenditures in the most recently completed fiscal year that were actual prevention services expenditures.

(h) Not later than July 1, 2006, the Office of Policy and Management shall, within available appropriations, develop a protocol requiring state contracts for programs aimed at reducing poverty for children and families to include performance-based standards and outcome measures related to the child poverty reduction goal specified in subsection (a) of this section. Not later than July 1, 2007, the Office of Policy and Management shall, within available appropriations, require such state contracts to include such performance-based standards and outcome measures. The Secretary of the Office of Policy and Management may consult with the Commission on Women, Children, Seniors, Equity and Opportunity to identify academic, private and other available funding sources and may accept and utilize funds from private and public sources to implement the provisions of this section.

(i) For purposes of this section, the Secretary of the Office of Policy and Management, or the secretary's designee, shall be responsible for coordinating all necessary activities, including, but not limited to, scheduling and presiding over meetings and public hearings.

(j) The council shall terminate on June 30, 2015.

(P.A. 04-238, S. 1; P.A. 05-244, S. 1; P.A. 06-179, S. 3; 06-196, S. 27; P.A. 07-47, S. 1; 07-73, S. 2(b); 07-166, S. 1; 07-217, S. 6; Sept. Sp. Sess. P.A. 09-5, S. 29; P.A. 10-179, S. 94; P.A. 11-48, S. 285; P.A. 13-247, S. 46; P.A. 14-122, S. 3; 14-132, S. 1, 2; P.A. 16-163, S. 25; May Sp. Sess. P.A. 16-3, S. 135, 136; P.A. 19-117, S. 109, 110; 19-118, S. 20.)

History: P.A. 04-238 effective June 8, 2004; P.A. 05-244 made technical changes, added executive director of Commission on Human Rights and Opportunities as council member in Subsec. (a), specified mandatory minimum number of meeting times and reporting requirements in Subsec. (f) and required development and implementation of state contract protocol in new Subsec. (g), redesignating existing Subsecs. (g) and (h) as Subsecs. (h) and (i), respectively, effective July 11, 2005; P.A. 06-179 amended Subsec. (a) to insert Subdiv. designators and substitute “Child Poverty and Prevention Council” for “Child Poverty Council”, to add the Chief Court Administrator, to delete the chairperson of the State Prevention Council, to add “promote the implementation of” re ten-year plan, and to add Subdiv. (2) re establishing prevention goals and recommendations and measuring outcomes, amended Subsecs. (b) and (c) to add “ten-year” re plan, amended Subsec. (f) to insert Subdiv. (1) designator and provide that meetings held at least twice annually shall be for the purposes set forth in the section, inserted new Subsecs. (f)(2) and (g) re council and agency reports, and redesignated existing Subsecs. (g) to (i) as Subsecs. (h) to (j) (Revisor's note: In Subsec. (f)(2) the word “this” in the phrase “this subsection (g) of this section” was deleted editorially by the Revisor's for accuracy); P.A. 06-196 made a technical change in Subsec. (g), effective June 7, 2006; P.A. 07-47 amended Subsec. (f)(2) to extend the council's annual reporting requirement re funding of prevention services to the Governor and the General Assembly to January 1, 2015, amended Subsec. (g)(1) to extend the annual reporting requirement of budgeted agencies to the council to November 1, 2014, and made technical and conforming changes in Subsecs. (f) and (g); pursuant to P.A. 07-73 “Commissioner of Mental Retardation” was changed editorially by the Revisors to “Commissioner of Developmental Services”, effective October 1, 2007; P.A. 07-166 amended Subsec. (a) to make technical changes, effective June 19, 2007; P.A. 07-217 made technical changes in Subsec. (a), effective July 12, 2007; Sept. Sp. Sess. P.A. 09-5 amended Subsec. (a) to change “Children's Trust Fund” to “Children's Trust Fund Council”, effective October 5, 2009; P.A. 10-179 amended Subsec. (a) by deleting reference to Commissioner of Health Care Access and by making technical changes; pursuant to P.A. 11-48, “Board of Governors of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education” in Subsec. (a), effective July 1, 2011; P.A. 13-247 deleted reference to chairperson of the Children's Trust Fund Council in Subsec. (a), effective July 1, 2013; P.A. 14-122 made technical changes in Subsecs. (e) and (f); P.A. 14-132 amended Subsec. (a) to add Commissioner of Housing, Commissioner of Agriculture and executive director of Office of Early Childhood to council and amended Subsec. (g) to add provisions in Subdiv. (1) and add Subdiv. (4) re agency reporting, effective June 6, 2014; P.A. 16-163 amended Subsec. (b) by replacing “day care and” with “child care services, as described in section 19a-77,” in Subpara. (D), effective June 9, 2016; May Sp. Sess. P.A. 16-3 amended Subsec. (a) by replacing reference to executive director of Commission on Children with reference to executive director of Commission on Women, Children and Seniors or a designee and amended Subsec. (h) by replacing reference to Commission on Children with reference to Commission on Women, Children and Seniors, effective July 1, 2016; P.A. 19-117 amended Subsecs. (a) and (h) by replacing “Commission on Women, Children and Seniors” with “Commission on Women, Children, Seniors, Equity and Opportunity”, effective July 1, 2019; P.A. 19-118 amended Subsec. (g)(1) by eliminating requirement re report to appropriations, human services and children committees, effective July 1, 2019.

Sec. 4-67z. Review of legal obstacles to sharing of high value data. Report. (a) The Chief Data Officer, in consultation with the Attorney General and executive branch agency legal counsel, shall review the legal obstacles to the sharing of high value data of executive branch agencies, inventoried pursuant to section 4-67p, among agencies and with the public.

(b) Not later than January 15, 2020, and annually thereafter, the Chief Data Officer shall submit a report, developed in consultation with the Attorney General, agency data officers and executive branch agency legal counsel, that includes any recommendations on (1) methods to facilitate the sharing of such high value data to the extent permitted under state and federal law, including, but not limited to, the preparation and execution of memoranda of understanding among executive branch agencies, and (2) any necessary legislation, to the Connecticut Data Analysis Technology Advisory Board and the joint standing committee of the General Assembly having cognizance of matters relating to government administration, in accordance with the provisions of section 11-4a. Concomitantly, the Chief Data Officer shall post each such report on the Office of Policy and Management's Internet web site.

(c) The report submitted pursuant to subsection (b) of this section shall be consistent with the state data plan, created under section 4-67p. The Chief Data Officer shall update such report annually with additional information concerning the sharing of high value data and any additional recommendations, including any potential fiscal impact of any recommendations.

(P.A. 19-153, S. 1.)

History: P.A. 19-153 effective July 9, 2019.

Sec. 4-68ff. Collection, presentation and reporting of prosecutorial data. (a) Not later than July 1, 2020, and annually thereafter, the Office of Policy and Management shall make a presentation to the Criminal Justice Commission, established under section 51-275a, on existing prosecutorial data, and report such presentation in accordance with the provisions of section 11-4a to the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary and make such presentation publicly available on the Internet web site of the Office of Policy and Management. The Office of Policy and Management shall include in any such presentation made on or after July 1, 2021, data described in subsection (b) of this section.

(b) Not later than February 1, 2021, and annually thereafter, the Division of Criminal Justice, in consultation with the Judicial Branch, the Department of Correction and the Criminal Justice Information System Governing Board, established under section 54-142, shall provide to the Office of Policy and Management data collected under section 51-286j for the previous calendar year.

(P.A. 19-59, S. 1.)

History: P.A. 19-59 effective July 1, 2019.

PART II

BUDGET AND APPROPRIATIONS

Sec. 4-89. Appropriations; treatment of unexpended balances at close of fiscal year. (a) No officer, department, board, commission, institution or other agency of the state shall, after the close of any fiscal year, incur, or vote or order or approve the incurring of, any obligation or expenditure under any appropriation made by the General Assembly for any fiscal year that had expired at the time the obligation for such expenditure was incurred. The Comptroller is authorized to draw warrants or process interdepartmental transactions against the available appropriations made for the current fiscal year for the payment of expenditures incurred during the prior fiscal year for which appropriations were made or in fulfillment of contracts properly made during such prior year, and the Treasurer is authorized to pay such warrants or record such interdepartmental transactions. The balances of certain appropriations which otherwise would lapse at the close of any fiscal year and for which no appropriation is made in the following year shall be extended into the succeeding fiscal year to permit liquidation of obligations of the prior fiscal year.

(b) Except as provided in this section, all unexpended balances of appropriations made by the General Assembly in the state budget act shall lapse at the end of the period for which they have been made and shall revert to the unappropriated surplus of the fund from which such appropriation or appropriations were made, except that any appropriation for the improvement of or maintenance work by contract on public roads, for the purchase of land or the erection of buildings or new construction or for specific projects for capital improvements and repairs, provided in the case of such specific projects allotments shall have been made by the Governor for design and construction, shall continue to be available until the attainment of the object or the completion of the work for which such appropriation was made, but in no case for more than six years unless renewed by act of the General Assembly.

(c) All unexpended balances of special appropriations made by the General Assembly for special programs, projects or studies shall lapse at the end of the period for which they have been made, except that if satisfied that the work of any such program, project or study is not completed and will continue during the following fiscal year, the Secretary of the Office of Policy and Management shall order any unexpended balance remaining in the special appropriation to be continued to the ensuing fiscal year.

(d) Any appropriation made by the General Assembly for no specific period, or any unexpended balance thereof, shall lapse on June thirtieth in the fourth year after such appropriation was made, provided when the purpose for which any such appropriation was made has been accomplished or there is no further need for funds thereunder, the unexpended balance thereof, upon the written consent of the head of the department, board, commission, institution or other agency to which such appropriation was made, shall lapse and shall revert to the unappropriated surplus of the fund from which such appropriation was made.

(e) The provisions of this section shall not apply to appropriations for Department of Transportation equipment, the highway and planning research program administered by the Department of Transportation, Department of Energy and Environmental Protection equipment or the purchase of public transportation equipment, the minor capital improvement account in the Department of Administrative Services, the litigation/settlement account in the Office of Policy and Management, library or educational equipment for the constituent units of the state system of higher education, or library or educational materials for the State Library, or the state-wide tourism marketing account of the Department of Economic and Community Development. Such appropriations shall not lapse until the end of the fiscal year succeeding the fiscal year of the appropriation, provided an obligation to spend such funds has been incurred in the next preceding fiscal year, except that for the purposes of library or educational equipment or materials, such funds shall not exceed twenty-five per cent of the amount of the appropriation for such purposes.

(f) The provisions of this section shall not apply to appropriations to the Office of Higher Education for student financial assistance for the Roberta B. Willis Scholarship program established under section 10a-173, or to the Board of Regents for Higher Education for Connecticut higher education centers of excellence established under section 10a-25h, to the Office of Higher Education for the minority advancement program established under subsection (b) of section 10a-11, or to the operating funds of the constituent units of the state system of higher education established pursuant to sections 10a-105, 10a-99 and 10a-77. Such appropriations shall not lapse until the end of the fiscal year succeeding the fiscal year of the appropriation except that centers of excellence appropriations deposited by the Board of Regents for Higher Education in the Endowed Chair Investment Fund, established under section 10a-20a, shall not lapse but shall be held permanently in the Endowed Chair Investment Fund and any moneys remaining in higher education operating funds of the constituent units of the state system of higher education shall not lapse but shall be held permanently in such funds. On or before September first, annually, the Office of Higher Education and Board of Regents for Higher Education shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, through the Office of Fiscal Analysis, concerning the amount of each such appropriation carried over from the preceding fiscal year.

(g) The provisions of this section shall not apply to appropriations to the Department of Aging and Disability Services in an amount not greater than the amount of reimbursements of prior year expenditures for the services of interpreters received by the department during the fiscal year pursuant to section 46a-33b and such appropriations shall not lapse until the end of the fiscal year succeeding the fiscal year of the appropriation.

(h) The provisions of this section shall not apply to appropriations to the Labor Department, from the General Fund, for the federal Workforce Innovation and Opportunity Act. Such appropriations shall not lapse.

(1949 Rev., S. 267; 1967, P.A. 363, S. 6; 605, S. 1; P.A. 78-268, S. 1, 5; 78-356, S. 1, 5; P.A. 80-322, S. 1, 2; P.A. 81-408, S. 1, 3; P.A. 83-310, S. 1, 3; 83-550, S. 1, 2; 83-587, S. 5, 96; June Sp. Sess. P.A. 83-6, S. 5, 6; P.A. 84-270, S. 1, 2; 84-368, S. 4, 5; 84-450, S. 1, 2; 84-465, S. 1-3; P.A. 85-565, S. 2, 3; P.A. 86-283, S. 4; P.A. 87-336, S. 1, 3; 87-408, S. 4, 5; P.A. 88-231, S. 11, 19; P.A. 89-351, S. 3, 11; P.A. 91-256, S. 6, 69; June Sp. Sess. P.A. 91-3, S. 161, 168; June Sp. Sess. P.A. 91-13, S. 20, 21; P.A. 92-126, S. 33, 48; P.A. 98-252, S. 75, 80; June Sp. Sess. P.A. 99-1, S. 6, 51; P.A. 00-192, S. 26, 102; P.A. 06-187, S. 15, 74; P.A. 08-72, S. 1; June Sp. Sess. P.A. 09-3, S. 475; P.A. 11-44, S. 34; 11-48, S. 49, 136, 285; 11-51, S. 90; 11-80, S. 1; P.A. 12-156, S. 2; June 12 Sp. Sess. P.A. 12-1, S. 31; P.A. 13-240, S. 7; 13-247, S. 179, 200; P.A. 16-169, S. 24; 16-179, S. 2; P.A. 19-157, S. 7.)

History: 1967 acts made provision for extension of appropriations to permit liquidation of prior obligations and for date on which balances of appropriations lapse and included contracted maintenance work on roads in exception to provisions of section; P.A. 78-268 transferred governor's powers under section to secretary of the office of policy and management, allowed comptroller to process interdepartmental transactions against current appropriations for expenditures of previous year for one month and added Subsecs. (b) to (d), inclusive, clarifying times when appropriations lapse and exceptions to provisions; P.A. 78-356 introduced new material which excluded appropriations for transportation department and public transportation equipment from provisions of section and which was codified as Subsec. (e); P.A. 80-322 included environmental protection department in exclusion provision of Subsec. (e); P.A. 81-408 added Subsec. (f) to prevent lapse of certain amount of appropriations for student financial assistance; P.A. 83-310 amended Subsec. (a) to repeal provision limiting comptroller's authority to draw warrants or process transactions to a one-month period after close of prior fiscal year without authorization of secretary of office of policy and management and to repeal provision that after said one-month period, the secretary, in his discretion, may authorize payment of a claim for an expenditure incurred before the appropriation for such purpose has lapsed; P.A. 83-550 amended Subsec. (e) to allow for the carry-over of unexpended balances for the purchase of library or educational equipment for higher education, provided the funds shall not exceed 25% of the amount appropriated for such purchases; P.A. 83-587 amended Subsec. (f) to make the exemption from the provisions of this section applicable for appropriations to the board of governors; June Sp. Sess. P.A. 83-6 amended Subsec. (f) to exempt appropriations for the high technology graduate scholarship program from the provisions of the section and to delete obsolete reference to appropriations made to board of higher education; P.A. 84-270 amended Subsec. (e) to specify that section does not apply to appropriations for highway and planning research program; P.A. 84-368 amended Subsec. (f) to include appropriations to the Connecticut higher education fund for excellence established pursuant to Sec. 10a-25h; P.A. 84-450 added Subsec. (g) concerning appropriations to the commission on the deaf and hearing impaired; P.A. 84-465 amended Subsec. (e) adding provision re “library or educational materials for the state library” and amended Subsec. (f) to refer to appropriations for higher education department rather than for board of governors, to delete provision that student financial assistance appropriations may be carried over in an amount not greater than “the amount of any unanticipated federal funds received for that purpose during the second half of the state fiscal year”, substituting provision that carry-over would equal 5% of the annual “state student financial assistance appropriation”, and to add provision requiring board of governors to submit annual report re carried over appropriation; P.A. 85-565 specified that fund for excellence appropriations deposited in the endowed chair investment fund do not lapse; P.A. 86-283 substituted “centers of” for “fund for” excellence in Subsec. (f); P.A. 87-336 amended Subsec. (f) to provide that appropriations for the minority advancement program not lapse; P.A. 87-408 in Subsec. (f) specified that appropriations for the high technology doctoral fellowship program do not lapse; P.A. 88-231 added Subsec. (h) concerning appropriations from the municipal solid waste recycling trust fund; P.A. 89-351 amended Subsec. (h) to replace provision that appropriations from trust fund shall not lapse until end of fiscal year succeeding fiscal year of appropriation with provision that such appropriations shall not lapse; P.A. 91-256 in Subsec. (f) added provisions concerning the operating funds of the constituent units of the state system of higher education; June Sp. Sess. P.A. 91-3 added Subsec. (i), concerning appropriations to the local transportation infrastructure account; June Sp. Sess. P.A. 91-13 deleted all changes made by P.A. 91-3 of the June session; P.A. 92-126 in Subsec. (f) removed a reference to repealed Sec. 10a-83; (Revisor's note: In 1997 the word “fund” in the phrase “municipal solid waste recycling trust fund” in Subsec. (h) was replaced editorially by the Revisors with the word “account” to conform with Sec. 22a-241 and incorrect reference to Subsec. (f) of that section was changed to “(d)”); P.A. 98-252 amended Subsec. (g) to make a technical change, effective July 1, 1998; (Revisor's note: In codifying section 75 of public act 98-252, an incorrect reference to “section 69 of this act” was deemed by the Revisors to be a reference to “section 74 of this act” and therefore cited as “section 46a-33b”); June Sp. Sess. P.A. 99-1 amended Subsec. (e) to add appropriations for the minor capital improvement account in the Department of Public Works, effective July 1, 1999; P.A. 00-192 amended Subsec. (e) to include appropriations for the litigation/settlement account in the Office of Policy and Management, effective July 1, 2000; P.A. 06-187 amended Subsec. (e) to add appropriations for the state-wide tourism marketing account of the Commission on Culture and Tourism and added Subsec. (i) re nonlapsing of funds appropriated for the federal Workforce Investment Act, effective July 1, 2006; P.A. 08-91 amended Subsec. (f) to eliminate 5% cap re appropriations for student financial assistance and add scholarship program established under Sec. 10a-169 to exceptions, effective July 1, 2008; June Sp. Sess. P.A. 09-3 deleted former Subsec. (h) re appropriations from municipal solid waste recycling trust account and redesignated existing Subsec. (i) as Subsec. (h); P.A. 11-44 replaced “Commission on the Deaf and Hearing Impaired” with “Bureau of Rehabilitative Services” in Subsec. (g), effective July 1, 2011; P.A. 11-48 amended Subsec. (a) by deleting “for the period of one month” re extension of certain appropriations that would otherwise lapse into succeeding fiscal year and amended Subsec. (e) to replace “Commission on Culture and Tourism” with “Department of Economic and Community Development”, effective July 1, 2011; pursuant to P.A. 11-48, “Board of Governors of Higher Education” and “Department of Higher Education” were changed editorially by the Revisors to “Board of Regents for Higher Education” in Subsec. (f), effective July 1, 2011; pursuant to P.A. 11-51, “Department of Public Works” was changed editorially by the Revisors to “Department of Construction Services” in Subsec. (e), effective July 1, 2011; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection” in Subsec. (e), effective July 1, 2011; P.A. 12-156 amended Subsec. (f) by replacing reference to Board of Regents for Higher Education with reference to Office of Higher Education re programs established under Secs. 10a-169 and 10a-170a and adding references to Board of Regents for Higher Education and Office of Higher Education, effective June 15, 2012; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (g) by replacing “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services” and making a conforming change, effective July 1, 2012; P.A. 13-240 amended Subsec. (f) to remove reference to high technology doctoral fellowship program established under Sec. 10a-25n, effective July 1, 2013; P.A. 13-247 amended Subsec. (f) to delete references to scholarship programs established under Secs. 10a-169 and 10a-170a and add reference to Governor's Scholarship program established under Sec. 10a-173, effective July 1, 2013; pursuant to P.A. 13-247, “Department of Construction Services” was changed editorially by the Revisors to “Department of Administrative Services” in Subsec. (e), effective July 1, 2013; pursuant to P.A. 16-169, “Workforce Investment Act” was changed editorially by the Revisors to “Workforce Innovation and Opportunity Act” in Subsec. (h); P.A. 16-179 amended Subsec. (f) by replacing “Governor's” with “Roberta B. Willis”, effective July 1, 2016; P.A. 19-157 amended Subsec. (g) by replacing “Department of Rehabilitation Services” with “Department of Aging and Disability Services”.

Sec. 4-105. Procedure where right to inspect records is denied. If any patient who has received treatment in any such hospital, after discharge from such hospital, has made written application to such hospital, hospital society or corporation for permission to examine his or her record as such patient in such hospital and has been refused permission to examine or copy the same, such patient may file a written motion addressed to any judge of the Superior Court, praying for a disclosure of the contents of such hospital record relating to such patient and for a production of the same before such judge. Upon such application being filed, the judge to whom the same has been presented shall cause reasonable notice to be given to such hospital, hospital society or corporation of the time when and place where such petition will be heard, and such judge, after due hearing and notice, may order the officer authorized to act in the capacity of manager of such hospital to produce before the court and deliver into the custody of the court the history, bedside notes, charts, pictures and plates of such patient for the purpose of being examined or copied by such patient or his or her physician, advanced practice registered nurse or authorized attorney. Each officer of any hospital having custody of the history, bedside notes, charts, pictures or plates of any patient therein, who refuses to produce such record before such court, pursuant to the provisions of this section, shall be fined not more than one hundred dollars or imprisoned not more than six months or both.

(1949 Rev., S. 295; P.A. 19-98, S. 14.)

History: P.A. 19-98 added reference to advanced practice registered nurse and made technical changes.

PART IV

STATE PLANNING

Sec. 4-124r. Purchase of real property; borrowing for such purchase. Any regional council of governments established under the provisions of sections 4-124i to 4-124p, inclusive, may purchase real property and borrow funds for such purchase for the purposes of providing administrative office space and program functions for such council.

(P.A. 00-54, S. 4, 5; P.A. 19-193, S. 6.)

History: P.A. 00-54 effective May 16, 2000; P.A. 19-193 added provisions re borrowing funds and program functions, effective July 1, 2019.