Substitute House Bill No. 5637

Public Act No. 00-66

An Act Implementing The Legislative Commissioners' Recommendations For Technical Revisions To Certain Government Administration And Elections And Related Statutes.

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

Section 1. Subsection (b) of section 1-83 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) (1) The statement of financial interests, except as provided in subdivision (2) of this subsection, shall include the following information for the preceding calendar year in regard to the individual required to file the statement and [his] the individual's spouse and dependent children residing in the individual's household: (A) The names of all businesses with which associated; (B) the category or type of all sources of income in excess of one thousand dollars, [amounts of income shall not be specified] without specifying amounts of income; (C) the name of securities in excess of five thousand dollars at fair market value owned by such individual, spouse or dependent children or held in the name of a corporation, partnership or trust for the benefit of such individual, spouse or dependent children; (D) the existence of any known blind trust and the names of the trustees; (E) all real property and its location, whether owned by such individual, spouse or dependent children or held in the name of a corporation, partnership or trust for the benefit of such individual, spouse or dependent children; (F) the names and addresses of creditors to whom the individual, [his] the individual's spouse or dependent children, individually, owed debts of more than ten thousand dollars; and (G) any leases or contracts with the state held or entered into by the individual or a business with which he was associated. (2) The statement of financial interests filed by sheriffs and deputy sheriffs shall include only amounts and sources of income earned in their capacity as sheriffs or deputy sheriffs.

Sec. 2. Subsection (k) of section 1-84 of the general statutes is repealed and the following is substituted in lieu thereof:

(k) No public official or state employee shall accept a fee or honorarium for an article, appearance or speech, or for participation at an event, in [his] the public official's or state employee's official capacity, provided a public official or state employee may receive payment or reimbursement for necessary expenses for any such activity in his official capacity. If a public official or state employee receives such a payment or reimbursement for lodging or out-of-state travel or both, the official or employee shall, within thirty days, file a report of the payment or reimbursement with the commission, unless the payment or reimbursement is provided by the federal government or another state government. If a public official or state employee does not file such report within such period, either intentionally or due to gross negligence on [his part, he] the public official's or state employee's part, the public official or state employee shall return the payment or reimbursement. If any failure to file such report is not intentional or due to gross negligence on the part of the public official or state employee, [he] the public official or state employee shall not be subject to any penalty under this chapter. When a public official or state employee [who] attends an event in this state in [his] the public official's or state employee's official capacity and as a principal speaker at such event and receives admission to or food or beverage at such event from the sponsor of the event, such admission or food or beverage shall not be considered a gift and no report shall be required from such official or employee or from the sponsor of the event.

Sec. 3. Subsection (d) of section 1-84b of the general statutes is repealed and the following is substituted in lieu thereof:

(d) The provisions of subsection (e) of this section apply to (1) present or former Gaming Policy Board or Division of Special Revenue public officials or state employees who hold or formerly held positions which involve significant decision-making or supervisory responsibility and are designated as such by the State Ethics Commission, in consultation with the agency concerned, and (2) present or former public officials or state employees of other agencies who hold or formerly held positions which involve significant decision-making or supervisory responsibility concerning the regulation or investigation of (A) any business entity (i) engaged in Indian gaming operations in the state and (ii) in which a federally-recognized Indian tribe in the state owns a controlling interest or (B) a governmental agency of a federally-recognized Indian tribe engaged in Indian gaming operations in the state, which positions are designated as such by the State Ethics Commission, in consultation with the agency concerned. Designation of positions subject to the provisions of this subsection shall be by regulations adopted by the State Ethics Commission in accordance with chapter 54. As used in [this] subsection (e) of this section, the term "employment" means professional services or other services rendered as an employee or as an independent contractor.

Sec. 4. Section 1-201 of the general statutes is repealed and the following is substituted in lieu thereof:

For the purposes of [subsection (a)] subdivision (1) of section 1-200, the Division of Criminal Justice shall not be deemed to be a public agency except in respect to its administrative functions.

Sec. 5. Subdivision (18) of subsection (b) of section 1-210 of the general statutes, as amended by section 1 of public act 99-156, is repealed and the following is substituted in lieu thereof:

(18) Records, the disclosure of which the Commissioner of Correction has reasonable grounds to believe may result in a safety risk, including the risk of harm to any person or the risk of an escape from, or a disorder in, a correctional institution or facility under the supervision of the Department of Correction. Such records shall include, but are not limited to:

(A) Security manuals, including emergency plans contained or referred to in such security manuals;

(B) Engineering and architectural drawings of correctional institutions or facilities;

(C) Operational specifications of security systems utilized by the Department of Correction at any correctional institution or facility, except that a general description of any such security system and the cost and quality of such system [,] may be disclosed;

(D) Training manuals prepared for correctional institutions and facilities that describe, in any manner, security procedures, emergency plans or security equipment;

(E) Internal security audits of correctional institutions and facilities;

(F) Minutes or recordings of staff meetings of the Department of Correction, or portions of such minutes or recordings, that contain or reveal information relating to security or other records otherwise exempt from disclosure under this subdivision;

(G) Logs or other documents that contain information on the movement or assignment of inmates or staff at correctional institutions or facilities; and

(H) Records that contain information on contacts between inmates, as defined in section 18-84, and law enforcement officers.

Sec. 6. Subsection (f) of section 1-212 of the general statutes, as amended by section 2 of public act 99-71 and section 2 of public act 99-156, is repealed and the following is substituted in lieu thereof:

(f) The Secretary of the State, after consulting with the [chairman] chairperson of the Freedom of Information Commission, the Commissioner of Correction and a representative of the Judicial Department, shall propose a fee structure for copies of public records provided to an inmate, as defined in section 18-84, in accordance with subsection (a) of this section. The Secretary of the State shall submit such proposed fee structure to the joint standing committee of the General Assembly having cognizance of matters relating to government administration, not later than January 15, 2000.

Sec. 7. Section 1-225 of the general statutes, as amended by section 1 of public act 99-71, is repealed and the following is substituted in lieu thereof:

(a) The meetings of all public agencies, except executive sessions, as defined in subdivision (6) of section 1-200, shall be open to the public. The votes of each member of any such public agency upon any issue before such public agency shall be reduced to writing and made available for public inspection within forty-eight hours and shall also be recorded in the minutes of the session at which taken, which minutes shall be available for public inspection within seven days of the session to which they refer.

(b) Each such public agency of the state shall file not later than January thirty-first of each year in the office of the Secretary of the State the schedule of the regular meetings of such public agency for the ensuing year, except that such provision shall not apply to the General Assembly, either house thereof or to any committee thereof. Any other provision of the Freedom of Information Act notwithstanding, the General Assembly at the commencement of each regular session in the odd-numbered years, shall adopt, as part of its joint rules, rules to provide notice to the public of its regular, special, emergency or interim committee meetings. The [chairman] chairperson or secretary of any such public agency of any political subdivision of the state shall file, not later than January thirty-first of each year, with the clerk of such subdivision the schedule of regular meetings of such public agency for the ensuing year, and no such meeting of any such public agency shall be held sooner than thirty days after such schedule has been filed. The chief executive officer of any multitown district or agency shall file, not later than January thirty-first of each year, with the clerk of each municipal member of such district or agency, the schedule of regular meetings of such public agency for the ensuing year, and no such meeting of any such public agency shall be held sooner than thirty days after such schedule has been filed.

(c) The agenda of the regular meetings of every public agency, except for the General Assembly, shall be available to the public and shall be filed, not less than twenty-four hours before the meetings to which they refer, in such agency's regular office or place of business or, if there is no such office or place of business, in the office of the Secretary of the State for any such public agency of the state, in the office of the clerk of such subdivision for any public agency of a political subdivision of the state or in the office of the clerk of each municipal member of any multitown district or agency. Upon the affirmative vote of two-thirds of the members of a public agency present and voting, any subsequent business not included in such filed agendas may be considered and acted upon at such meetings.

(d) Notice of each special meeting of every public agency, except for the General Assembly, either house thereof or any committee thereof, shall be given not less than twenty-four hours prior to the time of such meeting by filing a notice of the time and place thereof in the office of the Secretary of the State for any such public agency of the state, in the office of the clerk of such subdivision for any public agency of a political subdivision of the state and in the office of the clerk of each municipal member for any multitown district or agency. The secretary or clerk shall cause any notice received under this section to be posted in his office. Such notice shall be given not less than twenty-four hours prior to the time of the special meeting; provided, in case of emergency, except for the General Assembly, either house thereof or any committee thereof, any such special meeting may be held without complying with the foregoing requirement for the filing of notice but a copy of the minutes of every such emergency special meeting adequately setting forth the nature of the emergency and the proceedings occurring at such meeting shall be filed with the Secretary of the State, the clerk of such political subdivision, or the clerk of each municipal member of such multitown district or agency, as the case may be, not later than seventy-two hours following the holding of such meeting. The notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by such public agency. In addition, such written notice shall be delivered to the usual place of abode of each member of the public agency so that the same is received prior to such special meeting. The requirement of delivery of such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the public agency a written waiver of delivery of such notice. Such waiver may be given by telegram. The requirement of delivery of such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. Nothing in this section shall be construed to prohibit any agency from adopting more stringent notice requirements.

(e) No member of the public shall be required, as a condition to attendance at a meeting of any such body, to register [his] the member's name, or furnish other information, or complete a questionnaire or otherwise fulfill any condition precedent to [his] the member's attendance.

(f) A public agency may hold an executive session, as defined in subdivision (6) of section 1-200, upon an affirmative vote of two-thirds of the members of such body present and voting, taken at a public meeting and stating the reasons for such executive session, as defined in [said] section 1-200.

[(b)] (g) In determining the time within which or by when a notice, agenda, record of votes or minutes of a special meeting or an emergency special meeting are required to be filed under [subsection (a) of] this section, Saturdays, Sundays, legal holidays and any day on which the office of the agency, the Secretary of the State or the clerk of the applicable political subdivision or the clerk of each municipal member of any multitown district or agency, as the case may be, is closed, shall be excluded.

Sec. 8. Subsection (a) of section 3 of public act 99-155 is repealed and the following is substituted in lieu thereof:

(a) A state agency may allow any governmental record that is created, owned, used, distributed or maintained by such agency to be in the form of an electronic record. A state agency may allow governmental records received by such agency and identified in regulations adopted by such agency pursuant to section [4] 5 of [this act] public act 99-155 to be in the form of electronic records.

Sec. 9. Subdivision (19) of section 4-230 of the general statutes is repealed and the following is substituted in lieu thereof:

(19) "Expended" and "expenditures" have the meanings attributed to those terms in generally accepted accounting principles, except that (A) state financial assistance received [who] which does not specify a required use shall be assumed to be fully expended in the fiscal year of receipt, and (B) exempt programs shall be assumed to be expended in the fiscal year that the state financial assistance is received.

Sec. 10. Section 4a-50 of the general statutes is repealed and the following is substituted in lieu thereof:

When used in this chapter, unless the context indicates a different meaning: [, "state agency"]

(1) "State agency" includes any officer, department, board, council, commission, institution or other agency of the Executive Department of the state government; ["supplies"]

(2) "Supplies", "materials" and "equipment" mean any and all articles of personal property furnished to or used by any state agency, including all printing, binding, publication of laws, stationery, forms, and reports; ["contractual services"]

(3) "Contractual services" means any and all laundry and cleaning service, pest control service, janitorial service, security service, the rental and repair, or maintenance, of equipment, machinery and other state-owned personal property, advertising and photostating, mimeographing, and other service arrangements where the services are provided by persons other than state employees; ["competitive bidding"]

(4) "Competitive bidding" means the submission of prices by persons, firms or corporations competing for a contract to provide supplies, materials, equipment or contractual services, under a procedure in which the contracting authority does not negotiate prices; ["competitive negotiations"]

(5) "Competitive negotiation" means a procedure for contracting for supplies, materials, equipment or contractual services, in which [(1)] (A) proposals are solicited from qualified suppliers by a request for proposals, and [(2)] (B) changes may be negotiated in proposals and prices after being submitted; ["bidder"]

(6) "Bidder" means a person, firm or corporation submitting a competitive bid in response to a solicitation; and ["proposer"]

(7) "Proposer" means a person, firm or corporation submitting a proposal in response to a request for proposals.

Sec. 11. Subsection (b) of section 4a-57a of the general statutes, as amended by section 3 of public act 99-161, is repealed and the following is substituted in lieu thereof:

(b) No surplus motor vehicle owned by the state that has been declared to be a constructive total loss pursuant to section 38a-353 shall be offered for sale at an auction conducted under the provisions of subsection (a) of this section to anyone other than any person, firm or corporation licensed in accordance with the provisions of section 14-52 or 14-67l. No surplus motor vehicle owned by the state [with] which has a certificate of title stamped "SALVAGE PARTS ONLY" or which has ten or more major component parts damaged beyond repair shall be offered for sale at an auction conducted under the provisions of subsection (a) of this section to anyone other than any person, firm or corporation licensed in accordance with the provisions of section 14-67l.

Sec. 12. Subdivision (2) of subsection (a) of section 8 of public act 99-161 is repealed and the following is substituted in lieu thereof:

(2) "Supplies", "materials", "equipment" and "contractual services" have the [same] meanings assigned to [such] said terms in section 4a-50, as amended by this act.

Sec. 13. Subsection (i) of section 4b-23, as amended by section 1 of public act 99-75 and section 47 of public act 99-241, is repealed and the following is substituted in lieu thereof:

(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) of section 4b-55, requiring consultant services if (A) the cost of such services is estimated to exceed fifty 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 (B) (i) the construction costs in connection with such program are estimated to exceed five hundred thousand dollars or, in the case of a constituent unit of the state system of higher education, other than The University of Connecticut, the construction costs in connection with such program are estimated to exceed two million dollars, and (ii) the cost of a consultant services contract for such program exceeds twenty thousand dollars or the cost of an amendment to a consultant services contract makes the total cost of the amendment, all previous amendments to such contract and the contract exceed twenty thousand dollars for the first time; (2) "consultant" means "consultant" as defined in section 4b-55; and (3) "consultant services" means "consultant services" as defined in section 4b-55. Any consultant selected by the commissioner, and any contracts entered into by the commissioner with any consultants for employment, on any project under the provisions of this section, shall be subject to the approval of the Properties Review Board prior to [their] the employment of said consultant or consultants by the commissioner. The Properties Review Board shall, within thirty days, approve or disapprove the selection of or contract with any consultant made by the Commissioner of Public Works pursuant to sections 4b-1 and 4b-55 to 4b-59, inclusive. 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. 14. Subsection (a) of section 5 of public act 99-220 is repealed and the following is substituted in lieu thereof:

(a) The commissioner may conduct or require a security audit of any building or structure owned or leased by a state agency, as defined in section 2 of [this act] public act 99-220, to determine the security characteristics of such [buildings or structures] building or structure. Such security audit shall be conducted in cooperation with the state agency owning or occupying the building or structure.

Sec. 15. Subsection (a) of section 4d-10 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Chief Information Officer [,] is authorized to establish and administer a fund to be known as the Capital Equipment Data Processing Revolving Fund which shall be used for the purchase of data processing equipment and related items necessary to maintain or improve the state's data processing functions. The Chief Information Officer is authorized to expend funds necessary for all reasonable direct expenses relating to the administration of said fund.

Sec. 16. Section 4d-44 of the general statutes is repealed and the following is substituted in lieu thereof:

Each contract, subcontract or amendment to a contract or [contract] subcontract shall include provisions ensuring continuity of state agency information system and telecommunication system facilities, equipment and services, in the event that work under such contract, subcontract or amendment is transferred back to the state or transferred to a different contractor, upon the expiration or termination of the contract, [amendment or] subcontract or amendment or upon the default of the contractor or subcontractor. Such provisions shall include, but not be limited to, (1) procedures for the orderly transfer to the state of (A) such facilities and equipment, (B) all software created or modified pursuant to the contract, [amendment or] subcontract or amendment, and (C) all public records, as defined in section 4d-33, which the contractor or subcontractor possesses or creates pursuant to such contract, [amendment or] subcontract or amendment, and (2) procedures for granting former state employees who were hired by such contractor or subcontractor the opportunity for reemployment with the state.

Sec. 17. Section 9-32 of the general statutes, as amended by section 43 of public act 99-268, is repealed and the following is substituted in lieu thereof:

(a) In each municipality the registrars, between January first and May first, annually, shall cause either (1) a complete house to house canvass to be made in person of each residence on each street, avenue or road within such municipality, (2) a complete canvass to be made by mail of each residence located on each street, avenue or road within such municipality, provided, upon agreement of both registrars, the National Change of Address System of the United States Postal Service may be used instead of such mailing, (3) a complete canvass to be made by telephone of each residence located on each street, avenue or road within such municipality, or (4) a complete canvass of each residence within such municipality by any combination of such methods, for the purpose of ascertaining the name of any elector formerly residing on such street, avenue or road who has removed therefrom; provided in the odd-numbered years, no canvass need be conducted by the registrars in a town which holds its regular municipal election on the first Monday of May in odd-numbered years. The Secretary of the State shall adopt regulations in accordance with the provisions of chapter 54 setting forth the procedure to be followed in conducting any such canvass by either mail or telephone.

(b) No elector's name shall be removed from the registry list, pursuant to section 9-35, as amended by this act, unless [(A)] (1) the elector confirms in writing that [he] the elector has moved out of the municipality, or [(B)] (2) the elector has been sent, by forwardable mail, a notice and a postage prepaid preaddressed return card in accordance with the National Voter Registration Act of 1993, P.L. 103-31, as amended from time to time, four years prior to removal from the registry list and such elector has failed to respond and has not restored [his] the elector's name to the active registry list under section 9-42 or voted in an election or primary in the municipality during the period beginning on the date of the notice and ending four years later. If a registrar or [his] a registrar's designee conducts a telephone canvass, a telephone call by any such person shall constitute an attempt to contact the elector only if the elector's household has a published telephone number and the telephone is in operating order. If a registrar, or [his] a registrar's designee, during a telephone canvass contacts a telecommunication device for the deaf in an elector's household, such call shall not constitute an attempt to contact the elector unless the registrar, or [his] the registrar's designee, uses a similar device or uses a message relay center. No elector's name shall be removed from the active registry list pursuant to said section 9-35 as a result of information obtained during a telephone canvass, unless the registrar believes such information is reliable and sufficient to enable [him] the registrar to determine if the elector is entitled to remain on the list under the provisions of this chapter.

(c) During any such canvass, a canvasser may distribute nonpartisan literature, prescribed by the Secretary of the State, which describes opportunities for voter registration. No Social Security number obtained by the registrars during the canvass prior to January 1, 2000, may be disclosed to the public or to any governmental agency. Each municipality shall provide its registrars of voters with funds sufficient to conduct the annual canvass in accordance with the requirements of this section. Not later than the thirtieth day following each regular election held in a municipality, the registrars of the municipality shall file with the Secretary of the State a certificate that the canvass was conducted prior to the election in accordance with the requirements of this section. The certificate shall be on a form prescribed by the Secretary of the State, shall specify the method or methods by which, and the date or dates on which, the canvass was conducted, and shall be signed under penalty of false statement by all registrars of voters of the municipality.

Sec. 18. Section 9-35 of the general statutes, as amended by section 5 of public act 99-112, is repealed and the following is substituted in lieu thereof:

(a) The registrars, on the Tuesday of the fifth week before each regular election, shall be in session for the purpose of completing a correct list of all electors who will be entitled to vote at such election. Such registry list shall consist of an active registry list and an inactive registry list. Such session shall be held during such hours between nine o'clock a.m. and five o'clock p.m. as the registrars find necessary to complete the list. Notice of such session shall be given at least five days before the session by publication in a newspaper having a circulation in such municipality, if any, and by posting on the signpost therein, if any, or at some other exterior place near the office of the town clerk.

(b) At such session and on any day except on the day of an election or primary, the registrars shall remove from the list the name of each elector who has died, who has been disfranchised or who has confirmed in writing that the elector has moved out of the municipality, except electors entitled to remain on such list under the provisions of this chapter. An elector shall be deemed to have confirmed in writing that the elector has moved out of the municipality if (1) the elector has submitted a change of address form for purposes of a state motor vehicle operator's license, unless the elector states on the form that the change of address is not for voter registration purposes, (2) the elector has submitted a change of address form to a voter registration agency, as defined in section 9-23n, and such agency has provided such change of address to the registrars of voters, or (3) the registrars of voters have received a cancellation of previous registration from any other election official indicating that such elector has registered as an elector outside such municipality.

(c) Whenever the registrars of voters of a town remove from the registry list the name of an elector who has submitted a change of address to the Commissioner of Motor Vehicles or a voter registration agency under subdivision (1) or (2) of subsection (b) of this section, indicating that the elector has moved out of such town, the registrars shall send the elector, by forwardable mail to the elector's former address from such list or current address in the new town, [(A)] (1) a notice of removal, [(B)] (2) information explaining how to have the elector's name restored to such list, which shall be in a form prescribed by the Secretary of the State, and [(C)] (3) a mail-in voter registration application which can be used by the elector to apply for admission as an elector in the new town. If such notice, information and application are sent to the elector's former address and are returned undeliverable, the registrars shall mail such documents to the elector's address in the new town.

(d) The registrars shall enter the names on such list by street and number of the house, when the houses are numbered, so that there shall be entered on the list first, the street, avenue or road; second, the number of the house or residence in numerical order or, if the registrars of any town find it more convenient, by odd and even numbers in numerical order; and third, the names of the electors in such house in alphabetical order. The names of any electors who cannot be so listed shall be listed alphabetically in the voting district wherein any such elector is a bona fide resident. The registrars of voters may consecutively number the names on the registry list or may include voter identification numbers for the names on the registry list, provided such list shall comply in all respects with the requirements of law other than for the addition of such numbers. The registrars shall not use Social Security numbers for any such voter identification numbers.

(e) In any case in which the registrars have obtained reliable information of an elector's change of address within the municipality, they shall enter the name of such elector on the registry list at the place where [he] the elector then resides, provided, if such reliable information is the National Change of Address System of the United States Postal Service, the registrar shall change the registry list and send the elector a notice of the change by forwardable mail and a postage prepaid preaddressed return form by which the elector may verify or correct the address information. If during the canvass the registrars determine that an elector has moved out of town and such elector has not confirmed in writing that the elector has moved out of the town, the registrars shall, not later than May first, send to the elector, by forwardable mail, a notice required by the National Voter Registration Act of 1993, P.L. 103-31, as amended from time to time, together with a postage prepaid preaddressed return card on which the elector may state the elector's current address. In the year of a presidential preference primary, the registrars shall send such notice not earlier than the date of such primary. If the registrar does not receive the return card within thirty days after it is sent, the elector's name shall be placed on the inactive registry list for four years. At the expiration of such period of time on the inactive registry list, such name shall be removed from the registry list. If such elector applies to restore the elector's name to the active registry list or votes during such period, the elector's name shall be restored to the active registry list. Such registrars shall retain a duplicate copy or record of each such notice in their office or, if they do not have a permanent office, in the office space provided under section 9-5a, and shall note on such duplicate copy or record the date on which such notice was mailed. In each municipality, any elector, upon change of residence within the municipality, may cause the elector's registration to be transferred to [his] the elector's new address by presenting to the registrars a signed request therefor, stating [his] the elector's present address, the date the elector moved to such address and the address at which the elector was last registered. The registrars shall thereupon enter the elector's name on the list at the elector's new residence; provided no transfer of registration shall be made on the registry list on election day without the consent of both registrars.

Sec. 19. Subsection (g) of section 9-150b of the general statutes is repealed and the following is substituted in lieu thereof:

(g) No such depository envelope shall be opened except by order of a court of competent jurisdiction, by the State Elections Enforcement Commission pursuant to a subpoena issued under subdivision (1) of subsection (a) of section 9-7b or within five days of an election, primary or referendum for the purpose of a recanvass conducted pursuant to law. After such a recanvass the depository envelopes and their contents shall be returned to the municipal clerk and preserved for the stated period.

Sec. 20. Section 9-183b of the general statutes is repealed and the following is substituted in lieu thereof:

In 1994, 1996, and quadrennially thereafter, two-thirds of the total number of justices of the peace in each town shall be selected in accordance with the provisions of this section. Such percentage shall be rounded down to the nearest whole number of justices of the peace. The political parties which are major parties, as defined in subparagraph (B) of subdivision [(6)] (5) of section 9-372, shall each be entitled to nominate an equal number of the total number of justices of the peace to be selected in each town under this section, provided in towns where the number of justices of the peace to be nominated under this section is not divisible by the number of political parties entitled to nominate justices of the peace under this section, the registrars of voters shall determine by lot which of said parties may nominate one more justice of the peace than may be nominated by the other party or parties. Such nomination by such parties shall qualify the nominees to serve as justices of the peace. Such nomination shall be made within the time limits prescribed for municipal offices prior to a state election, for a term of two years to begin the first Monday of January in 1995, for any such nomination made in 1994, and for a term of four years to begin the first Monday of January in the year succeeding any such nomination made in 1996, or thereafter. Primaries for justices of the peace shall be by slate as in the case of convention delegates and shall be held on the same day as primaries for municipal offices.

Sec. 21. Section 9-183c of the general statutes is repealed and the following is substituted in lieu thereof:

In 1994, 1996, and quadrennially thereafter, when there is a political party which is a major party, as defined in subparagraph (A) of subdivision [(6)] (5) of section 9-372, but is not a major party, as defined in subparagraph (B) of said subdivision (5), a percentage of the number of justices of the peace in each town selected under section 9-184c shall be selected in accordance with the provisions of this section. Such percentage shall be rounded down to the nearest whole number of justices of the peace. Each such party shall each be entitled to nominate twenty per cent of the total number of justices of the peace to be selected in each town under section 9-184c. Such nomination by such parties shall qualify the nominees to serve as justices of the peace. Such nomination shall be made within the time limits prescribed for municipal offices prior to a state election, for a term of two years to begin the first Monday of January in 1995, for any such nomination made in 1994, and for a term of four years to begin the first Monday of January in the year succeeding any such nomination made in 1996, or thereafter. Primaries for justices of the peace shall be by slate as in the case of convention delegates and shall be held on the same day as primaries for municipal offices.

Sec. 22. Section 9-215 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) When any member or member-elect of the General Assembly resigns, [he] the member or member-elect shall resign by notifying the Secretary of the State of [his] the member's or member-elect's decision, and if any member or member-elect of the General Assembly dies, the town clerk from the town in which [he] the member or member-elect resides shall notify the Secretary of the State of [his] such death.

(b) When any such vacancy occurs, except as provided in this section, the Governor shall, within ten days after its occurrence, issue writs of election, directed to the town clerks or assistant town clerks in the several towns in the district in which the vacancy exists, ordering an election to be held therein on the forty-sixth day after the issue of such writs to fill such vacancy, and cause them to be conveyed to such town clerks or assistant town clerks. No such election shall be held on a Saturday or Sunday. If such a vacancy occurs between the one hundred twenty-fifth day and the forty-ninth day before the day of a regular state or municipal election in November of any year, the Governor shall so issue such writs on the forty-sixth day before the day of such regular election, ordering an election to be held on the day of such regular election. If such a vacancy occurs after the forty-ninth day before the day of a regular state election but before the Wednesday following the first Monday of January of the next-succeeding year, the Governor shall not issue such writs and no election shall be held under this section, unless the position vacated is that of member-elect, in which case the Governor shall issue such writs and an election shall be held as provided in this section.

(c) Such clerks or assistant clerks, on receiving such writs, but not earlier than the date of issuance of such writs, shall warn elections to be held on the day appointed therein, in the same manner as state elections are warned, which elections shall be organized and conducted in the same manner as a state election. The vote shall be declared, certified, directed, deposited, returned and transmitted in the same manner as at a state election. The registry lists used at such elections shall be the last-completed lists, as provided in sections 9-172a and 9-172b.

(d) (1) If such vacancy exists in a senatorial or assembly district composed of a single town or part of a single town, such nominations by political parties shall be made as the rules of such parties provide, in accordance with section 9-390, and filed with the town clerk; except that (A) if such rules provide for selection by delegates and the vacancy exists in a senatorial or assembly district composed of a single town, the delegates to the convention held for the nomination of a candidate for the office of state senator or state representative in such town at the last state election shall be the delegates for the purpose of selecting a candidate to fill such vacancy; (B) if such rules provide for the selection by delegates and the vacancy exists in a senatorial or assembly district composed of part of a single town, the delegates to the convention held for the nomination of a candidate for the office of state senator or state representative in such district at the last state election shall be the delegates for the purpose of selecting a candidate to fill such vacancy; [,] and (C) if such rules provide for direct primaries under section 9-390, the nomination shall be made by the town committee of such party in the case of a vacancy in a senatorial or assembly district composed of a single town and, in a senatorial or assembly district composed of part of a single town, by the members of the town committee from such political subdivision or senatorial or assembly district. (2) If such vacancy is a district office, as defined in section 9-372, the delegates to the senatorial or assembly convention for the last state election shall be the delegates for the purpose of selecting a candidate to fill such vacancy. If a vacancy occurs in the delegation from any town, political subdivision or district, such vacancy may be filled by the town committee of the town in which the delegate resided. Nominations by political parties pursuant to this section may be made and certified at any time after the resignation or death of the member or member-elect of the General Assembly and not later than the thirty-sixth day before the day of the election. No such nomination shall be effective until the presiding officer and secretary of any district convention have certified the nomination to the Secretary of the State or, in the case of a vacancy in a senatorial or assembly district composed of a single town or part thereof, until the presiding officer and secretary of the town committee or single town convention have certified the nomination to the town clerk.

(e) No primary shall be held for the nomination of any political party to fill any vacancy in the office of state senator or state representative and the party-endorsed candidate so selected shall be deemed, for the purposes of chapter 153, the person certified by the Secretary of the State under section 9-444 as the nominee of such party.

(f) When the vacancy is filled, the successor to the office shall appear before the Secretary of the State and be sworn to the faithful performance of [his] duties in accordance with section 1-25.

Sec. 23. Section 9-259 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The moderator of the election in each municipality, voting district or ward shall appear at the office of the municipal clerk not later than eight o'clock p.m. of the day before the election and there receive from the municipal clerk the sample ballot labels, three complete sets of ballot labels and all checklists and other supplies necessary to conduct the election and make return thereof. The moderator shall receive a sealed envelope, and a receipt therefor, containing only the number two and number three election official keys for each voting machine. Each such envelope shall bear the number of the machine to which the keys belong. The number four election official key for each voting machine shall be available to the registrars for the use of the mechanics beginning at 5:15 a.m. on the day of the election.

(b) On the morning of the election, the election officials shall meet at the room where the election is to be held at least forty-five minutes before the time for opening the polls. The moderator shall then cause the three sample ballot labels and instruction cards to be posted and everything put in readiness for the commencement of voting at the hour of opening the polls. The envelope containing the keys shall not be opened until at least one election official from each of two political parties is present at the polling place and has examined the envelope to see that it has not been opened. Before opening the envelope, all election officials present shall examine the number of the seal of the machine and the number registered on the protective counter, if one is provided, and shall see if they are the same as the numbers written on the envelope containing the keys. If the numbers are found not to agree, the envelope shall not be opened until the mechanic in charge of the machine, or the registrars or one of the registrars under whose direction the machine was prepared under section 9-243, has been notified and such mechanic, registrars or registrar has appeared at the polling place for the purpose of reexamining such machine and has certified that it is properly arranged. If the numbers on the seal and the protective counter, if one is provided, are found to agree with the numbers on the envelope, the election officials shall proceed to open the doors concealing the counters. The election officials, in the presence of the party watchers, shall compare the ballot labels on the machine with the sample ballot labels to see that they are correct, and, if the machine is not so labeled, set and adjusted and in order, they shall immediately label, set and adjust the same and place it in order, or cause it to be done, examine and see that all the counters in the machine are set at zero (000) and that the machine is otherwise in perfect order and make written report thereof as hereinbefore directed and they shall not thereafter permit the counters to be operated or moved except by electors in voting. If the machine is equipped with a device for printing totals of candidate and question counters, the doors concealing the counters shall not be opened. The election officials shall examine the printed record produced by the machine to see that each counter registers zero and shall allow watchers to examine the printed record. They shall also see that all necessary arrangements and adjustments are made for voting write-in ballots on the machine and that the machine and its attachments are properly set or adjusted so that the elector will be concealed while in the act of voting. There shall be printed directions for the guidance of the election officials before the polls are opened and when the polls are closed.

(c) The moderator's return which the moderator receives from the municipal clerk for state elections shall be in a form prescribed by the Secretary of the State. There shall be printed on the moderators' returns a certificate, which shall be signed by the election officials before the polls are opened, showing the delivery of the keys in a sealed envelope; the number on the seal; the number registered on the protective counter, if one is provided; whether all of the counters are set at zero (000); whether the public counter is set at zero (000); whether the ballot labels are properly placed in the machine; also a certificate, which shall be filled out after the polls have been closed, that the machine has been locked against voting and sealed; the number of electors as shown on the public counter; the number on the seal; the number registered on the protective counter, if one is provided, and that the voting machine is closed and locked. The moderators' returns shall show the total number of votes cast for each office, the number of votes cast for each candidate, as shown on his counter, and the number of votes for persons not nominated, which shall be certified by the moderator, checkers and registrars, or assistant registrars, as the case may be. If any of the counters are not set at zero and the election officials are not able to set them at zero, the actual number registered or indicated on such counters shall be entered on such tally sheet, and, at the end of the election, that number shall be deducted from the number then shown on the counter to ascertain the true vote cast for the candidate to whom such counter belongs.

(d) The mechanic's seal on the machine shall not be broken until the officials have assembled on the morning of the election. The officials shall examine the seal before breaking it.

Sec. 24. Subsection (c) of section 9-369d of the general statutes is repealed and the following is substituted in lieu thereof:

(c) Voters who are not electors and who are entitled by law to vote by absentee ballot [,] shall be entitled to vote by separate absentee ballot containing solely such question. Such absentee ballot shall be issued beginning on the thirty-first day before the election, or, if such day is a Saturday, Sunday or legal holiday, beginning on the next preceding day.

Sec. 25. Section 9-410 of the general statutes, as amended by section 12 of public act 99-276, is repealed and the following is substituted in lieu thereof:

(a) The petition form shall be prescribed by the Secretary of the State and provided by the registrar of the municipality in which the candidacy is to be filed in the case of municipal office, town committee members and delegates, or be duplicate petition pages produced in accordance with section 9-409, and signatures shall be obtained only on such forms. Such form shall include thereon a statement of instructions to persons making use thereof and shall indicate the date and time by which it shall be filed and the person with whom it shall be filed. The form shall provide spaces for the names and addresses of the candidates, the offices to which nomination is sought or the positions to which election is sought and the political party holding the primary, and, if the petition is for candidates for election as delegates to a convention, the name of a candidate or candidates, if any, whom all candidates on the petitioning slate support for the party's nomination for an office or offices and the designation of such office or offices. Such form shall provide lines for the signatures, street addresses, dates of birth and the printing of the names of enrolled party members supporting the person or persons on behalf of whose candidacy the petition is used. Only as many candidates may be proposed in any one primary petition for the same office or position as are to be nominated or chosen by such party for such office or position; but any one primary petition may propose as many candidates for different offices or positions as there are nominations to be made or positions to be filled.

(b) The names of enrolled party members signing a primary petition need not all be on one sheet but may be on several sheets, but no person shall sign more than one petition page for the same candidate or candidates. Any person who signs a name other than [his] the person's own to a primary petition filed under the provisions of this section or who signs a name other than[ [his] the person's own as circulator of such a petition shall be fined not more than one hundred dollars or imprisoned not more than one year or both. Each such sheet shall indicate the candidate or candidates supported, the offices or positions sought and the political party the nomination of which is sought or which is holding the primary for election of town committee members or delegates to a convention. No page of such a petition shall contain the names of enrolled party members residing in different municipalities and any page thereof which has been certified by the registrars of two or more municipalities shall be rejected by the registrar. Withdrawal of petition signatures shall not be permitted.

(c) Each circulator of a primary petition page shall be an enrolled party member of a municipality in this state who is entitled to vote in the primary for which such candidacy is being filed. Each petition page shall contain a statement signed by the registrar of the municipality in which such circulator is an enrolled party member attesting that the circulator is an enrolled party member in such municipality and is entitled to vote in the primary for which such candidacy is being filed. Unless such a statement by the registrar appears on each page so submitted, the registrar shall reject such page. No candidate for the nomination of a party for a municipal office, town committee member or delegate shall circulate any petition for another candidate or another group of candidates contained in one primary petition for the nomination of such party for the same office or position, and any petition page circulated in violation of this provision shall be rejected by the registrar. No person shall circulate petitions for more than the maximum number of candidates to be nominated by a party for the same office or position, and any petition page circulated in violation of this provision shall be rejected by the registrar. Each separate sheet of such petition shall contain a statement as to the authenticity of the signatures thereon and the number of such signatures, and shall be signed under the penalties of false statement by the person who circulated the same, setting forth such circulator's address and the town in which such circulator is an enrolled party member and attesting that each person whose name appears on such sheet signed the same in person in the presence of such circulator, that the circulator either knows each such signer or that the signer satisfactorily identified [himself] the signer to the circulator and that the spaces for candidates supported, offices or positions sought and the political party involved were filled in prior to the obtaining of the signatures. Each separate sheet of such petition shall also be acknowledged before an appropriate person as provided in section 1-29. Any sheet of a petition filed with the registrar which does not contain such a statement by the circulator as to the authenticity of the signatures thereon, or upon which the statement of the circulator is incomplete in any respect, or which does not contain the certification hereinbefore required by the registrar of the town in which the circulator is an enrolled party member, shall be rejected by the registrar. Any individual proposed as a candidate in any primary petition may serve as a circulator of the pages of such petition, provided such individual's service as circulator does not violate any provision of this section.

Sec. 26. Section 9-450 of the general statutes is repealed and the following is substituted in lieu thereof:

Nominations by major parties for any state, district or municipal office to be filled under the provisions of any law relating to elections to fill vacancies, unless otherwise provided therein, shall be made in accordance with the provisions of sections 9-382 to 9-450, inclusive.

[(a)] (1) In the case of nominations for representatives in Congress and judges of probate in probate districts composed of two or more towns, provided for in sections 9-212 and 9-218, if the writs of election are issued by the Governor on or before the twenty-first day of May in an even-numbered year and the election is to be held on the day of the state election in such year, the state central committee or other authority of each party shall, not later than the twenty-fourth day of May in such year, publish notice of the date for the primary for the election of delegates to the state or district convention to designate the party-endorsed candidate for the office to be filled, and the times specified in sections 9-383, 9-391, 9-400, 9-405 and 9-423 shall be applicable. The primary so designated shall be held not earlier than the fifty-sixth day after publication of such notice and not later than the fifth day before the convention. If such writs of election are issued after the twenty-first day of May in such year, or if the election is to be held on any day other than the day of the state election, the day scheduled for the election shall be not earlier than the ninety-first day following the day on which such writs of election are issued. The state central committee or other authority of each party shall, not later than the eighty-fourth day preceding the day of the election, publish notice of the day for the primary for the election of delegates to the state or district convention to designate the party-endorsed candidate for the office to be filled, which day shall be not earlier than the twenty-eighth day following such publication and not later than the fifty-sixth day preceding the day of the election. The party-endorsed candidates for election as delegates to such convention shall be certified to the town clerks not later than the twenty-first day preceding the day of such primary. Contesting slates for election as such delegates shall be filed not later than four o'clock p.m. on the seventh day preceding the day of such primary. The state or district convention shall be convened not earlier than the fifth day following such primary and closed not later than the forty-ninth day preceding the day of the election. Contesting candidacies for nomination to the office to be filled shall be filed not later than four o'clock p.m. on the fifth day following the close of such convention. The Secretary of the State shall fix the day for the primary of each party for the nomination to the office to be filled, which day shall be not earlier than the twenty-first day following the close of such convention and not later than the twenty-first day preceding the day of the election.

[(b)] (2) In the case of judges of probate in probate districts composed of a single town, the day named for the election shall be not earlier than the one-hundred-fifteenth day following the day on which the writ of election is issued, and the times specified in sections 9-391, 9-405 and 9-423 shall be applicable.

[(c)] (3) In the case of a vacancy in the office of senator in Congress occurring seventy or more days prior to a state election, the party-endorsed candidate of each party for such office shall be designated at the state convention of such party held for the endorsement of candidates for the state offices to be filled at such election; contesting candidacies for nomination to such office shall be filed not later than four o'clock p.m. on the fourteenth day following the close of such convention; and the primary of such party for nomination to such office shall be held simultaneously with the primaries of such party for nomination to the state and district offices to be filled at such election. If, at the time such vacancy in the office of senator in Congress occurs, such state convention has already been closed, it shall be reconvened by call of the chairman of the state central committee of such party, which call shall be mailed to each delegate chosen for such convention not less than seventy-two hours prior to such reconvening; such reconvened convention shall be closed not later than the tenth day following the occurrence of such vacancy. The party-endorsed candidate of such party for such office shall be designated at such reconvened convention. Contesting candidates for nomination to such office shall be filed not later than four o'clock p.m. on the fifth day following the close of such reconvened convention. If the primaries of such party for nomination to the state and district offices to be filled at the state election are held not earlier than the twenty-eighth day following the close of such reconvened convention, the primary of such party for nomination to the office of senator in Congress to fill such vacancy shall be held simultaneously with the primaries of such party for nomination to such state and district offices; otherwise, the Secretary of the State shall fix the day for the primary of such party for such nomination to the office of senator in Congress, which day shall be not earlier than the twenty-eighth day following the close of such reconvened convention and not later than the twenty-first day preceding the day of the state election.

[(d)] (4) The times specified in sections 9-391, 9-405 and 9-423 shall be applicable to any special town election held to fill a vacancy in any town office under subsection (b) of section 9-164. Except as provided under subsection (c) of [said] section 9-164, any election held to fill a vacancy in any municipal office under the provisions of any special act shall be held not earlier than the one hundred twenty-seventh day following the day upon which warning of such election is issued, and the times specified in sections 9-391, 9-405 and 9-423 shall be applicable.

Sec. 27. Subsection (a) of section 4a-52a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Notwithstanding the provisions of section 4a-51 or 4a-52, the chief executive officer of each constituent unit of the state system of higher education or, in the case of the Connecticut State University system, the chief executive officer of a state university, is authorized to purchase supplies, materials, equipment, contractual services, as defined in section 4a-50, as amended by this act, execute personal service agreements as defined in section 4-212, lease personal property in accordance with section 10a-151b, as amended by this act, and undertake printing, publishing and microfilming for such constituent unit or institution. The provisions of sections [4-210 and] 4-212 to 4-219, inclusive, and section 9 of public act 93-336* shall not apply to personal service agreements executed pursuant to this section.

Sec. 28. Section 10-370 of the general statutes, as amended by public act 99-91, is repealed and the following is substituted in lieu thereof:

[Said] The commission shall encourage, within the state or in association with other states, or both, participation in, and promotion, development, acceptance and appreciation of, artistic and cultural activities that shall include, but are not limited to, music, theater, dance, painting, sculpture, architecture, literature, films and allied arts and crafts and to this end shall have the following powers: (1) To join or contract with consultants, private patrons, individual artists and ensembles and with institutions, local sponsoring organizations and professional organizations; (2) to enter into contracts to provide grants, loans or advances to individuals, organizations, or institutions, public or private, [who] that are engaged in or plan to engage in artistic and cultural programs or activities within the state, or [who] that are engaged in or plan to engage in the promotion, development, or encouragement of artistic and cultural programs or activities within the state; (3) to accept, hold and administer, on behalf of the commission, in accordance with the provisions of sections 4-28, 4-31, 4-31a and 4b-22, real property, personal property, securities, other choses in action and moneys, or any interest therein, and income therefrom, either absolutely or in trust, for any purpose of the commission. The commission may acquire or receive such property or money for its purposes by the acceptance of state or federal or public or private loans, contributions, gifts, grants, donations, bequests or devises, and the commission shall deposit or credit the same in the General Fund; (4) to establish a nonprofit foundation for the purpose of raising funds from private sources to encourage, within the state or in association with other states, or both, participation in, and promotion, development, acceptance and appreciation of, artistic and cultural activities that shall include, but are not limited to, music, theater, dance, painting, sculpture, architecture, literature, films and allied arts and crafts. All funds received by the foundation shall be held in the manner prescribed by sections 4-37e to 4-37j, inclusive; and (5) to perform such other acts as may be necessary or appropriate to carry out the objectives and purposes of the commission. The General Assembly declares that all activities undertaken in carrying out the policies set forth in this chapter shall be directed toward encouraging and assisting, rather than in any way limiting, the freedom of artistic expression that is essential for the well-being of the arts. Said commission shall maintain a survey of public and private facilities engaged within the state in artistic and cultural activities and determine the needs of the citizens of this state and the methods by which existing resources may be utilized, or new resources developed, to fulfill these needs. The commission shall maintain a register of Connecticut artists. The name, town of residence and artistic medium of any such artist residing in Connecticut shall be entered in the register by the commission upon the artist's request.

Sec. 29. Subsection (a) of section 10a-151b of the general statutes, as amended by section 11 of public act 99-285, is repealed and the following is substituted in lieu thereof:

(a) Notwithstanding the provisions of chapter 58, and sections 4-98, 4a-4, 4a-5, 4a-6, 4d-2, and 4d-5 to the contrary, a chief executive officer may purchase equipment, supplies and contractual services, execute personal service agreements, as defined in section 4-212, or lease personal property compatible, where relevant, with standards for computer architecture established by the Department of Information Technology, without the approval of the Comptroller, the Commissioner of Administrative Services or the Chief Information Officer, provided the Chief Executive Officer consults with the Chief Information Officer and such purchases are made in accordance with this section and in accordance with policies which are (1) adopted by the board of trustees of the constituent unit after reasonable opportunity for interested persons to present their views, and (2) subject to section 4-175. For purposes of this section, "chief executive officer" means the chief executive officer of a constituent unit of the state system of higher education or the chief executive officer of an institution within the jurisdiction of such a constituent unit. The provisions of sections [4-210 and] 4-212 to 4-219, inclusive, and section 9 of public act 93-336* shall not apply to personal service agreements executed pursuant to this section.

Sec. 30. Subsection (a) of section 32-37 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The powers of the corporation shall be vested in and exercised by the board of directors. Eight members of the board shall constitute a quorum and the affirmative vote of a majority of the members present at a meeting of the board shall be necessary and sufficient for any action taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board. Any action taken by the board may be authorized by resolution at any regular or special meeting and shall take effect immediately unless otherwise provided in the resolution. Notice of any regular meeting shall be given in writing, by telephone or orally, not less than forty-eight hours prior to the meeting. Notice of any special meeting shall be given in accordance with subsection [(a)] (d) of section 1-225, as amended by this act.

Sec. 31. Subsection (a) of section 32-428 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The powers of the authority shall be vested in and exercised by the board of directors. Seven members of the board shall constitute a quorum and the affirmative vote of a majority of the members present at a meeting of the board shall be necessary and sufficient for any action taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board. Any action taken by the board may be authorized by resolution at any regular or special meeting and shall take effect immediately unless otherwise provided in the resolution. Notice of any regular meeting shall be given in writing, by telephone or orally, not less than forty-eight hours prior to the meeting. Notice of any special meeting shall be given in accordance with subsection [(a)] (d) of section 1-225, as amended by this act.

Sec. 32. Sections 4-205, 4-210, 4-211 and 4b-2a of the general statutes are repealed.

Approved May 16, 2000