House Bill No. 5676

Public Act No. 00-68

An Act Concerning Name Changes Related To The Department of Administrative Services.

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

Section 1. Section 4a-75 of the general statutes is repealed and the following is substituted in lieu thereof:

The Comptroller shall prescribe the manner in which claims for supplies, materials, equipment and contractual services purchased or contracted for shall be submitted, examined, approved and paid. There shall continue to be, from the appropriations of the state agencies, a [General Services] Department of Administrative Services Revolving Fund of such amount as the Commissioner of Administrative Services, with the approval of the Governor, determines to be necessary to defray such current expenses for supplies, materials, equipment and contractual services as will be incurred by the commissioner in anticipation of the future requirements of state agencies or under other conditions necessitating the payment of such expense prior to the determination of the legal or equitable claims to be charged on account of such expenses to the appropriations of such agencies. Claims on account of such expenses shall be paid from said revolving fund. Any such expenses which cannot be specifically allocated to particular state agencies shall be apportioned monthly by the commissioner, with the approval of the Standardization Committee, among the state agencies for which they were incurred in such manner as the commissioner deems equitable. All funds received in payment of such claims shall be credited to said revolving fund.

Sec. 2. Section 4a-16 of the general statutes is repealed and the following is substituted in lieu thereof:

When any person supported or cared for by the state under a program of public assistance or in an institution maintained by the Department of Public Health, state Department of Mental Retardation, [or] the state Department of Mental Health and Addiction Services, or an inmate of the Department of Correction, or when any child committed to the Commissioner of Social Services or Commissioner of Children and Families dies leaving only personal estate, including personal assets owing and due the estate after death, not exceeding twenty thousand dollars in value, the Commissioner of Administrative Services or [his] the commissioner's authorized representative shall, upon filing with the probate court having jurisdiction of such estate a certificate that the total estate is under twenty thousand dollars and the claim of the state, together with the expense of last illness not exceeding three hundred seventy-five dollars and funeral and burial expenses in accordance with section 17b-84, equals or exceeds the amount of such estate, be issued a certificate by said court that [he] the commissioner is the legal representative of such estate only for the following purpose. [He] The commissioner shall have authority to claim such estate, [his] the commissioner's receipt for the same to be a valid discharge of the liability of any person turning over the same, and to settle the same by payment of the expense of last illness not exceeding three hundred seventy-five dollars, expense of funeral and burial in accordance with section 17b-84 and the remainder as partial or full reimbursement of the claim of the state for care or assistance rendered to the decedent. The commissioner shall file with said probate court a statement of the settlement of such estate as herein provided.

Sec. 3. Section 17b-114 of the general statutes is repealed and the following is substituted in lieu thereof:

Subject to federal approval, as a condition of receiving a special need benefit to cover the cost of a security deposit, a recipient of assistance under the temporary family assistance program or the state-administered general assistance program or the program of state supplementation to the Supplemental Security Income Program shall sign an agreement with the Commissioner of Social Services stating that the security deposit and accrued interest, less the value of any damages suffered by the landlord due to the recipient's failure to comply with his obligations as a tenant pursuant to section 47a-21, shall be paid by the landlord to the Department of Social Services when the recipient vacates the housing for which the deposit is paid. The recipient shall notify the commissioner of the date such housing is vacated. If the landlord claims the right to withhold all or part of the security deposit or interest, [he] the landlord shall comply with the applicable provisions of section 47a-21, except any notice required shall be sent to the tenant and to the Commissioner of Social Services. If the landlord fails to return the deposit to the Department of Social Services or to account to the department for any amount withheld within the time limits set forth in section 47a-21, the department may refer the matter to the [Bureau of Collection Services] Department of Administrative Services for payment to the state of the deposit, interest and such other damages as are available to tenants under said section. Notwithstanding the provisions of subsection (d) of section 47a-21, for purposes of taking such action on behalf of the state, the [department and the Bureau of Collection Services are] Department of Administrative Services is not required to give notice of a forwarding address. A recipient of a special need benefit to cover the cost of a security deposit who agrees the deposit shall be returned to the department pursuant to this section shall be eligible for a subsequent such special need benefit at any time the recipient meets the eligibility criteria for the special need benefit for emergency housing set forth in subsection (a) of section 17b-808.

Sec. 4. Subdivision (1) of subsection (a) of section 52-362 of the general statutes, as amended by section 6 of public act 99-193, is repealed and the following is substituted in lieu thereof:

(1) "Dependent" means a spouse, former spouse or child entitled to payments under a support order, provided the Support Enforcement Division of the Superior Court or the state acting under an assignment of a dependent's support rights or under an application for child support enforcement services shall, through an officer of the Support Enforcement Division or the Bureau of Child Support Enforcement within the Department of Social Services or an investigator of the [Bureau of Collection Services] Department of Administrative Services or the Attorney General, take any action which the dependent could take to enforce a support order.

Sec. 5. Subsection (h) of section 52-362 of the general statutes, as amended by section 6 of public act 99-193, is repealed and the following is substituted in lieu thereof:

(h) Service of any process under this section, including any notice, may be made in accordance with section 52-57, or by certified mail, return receipt requested. If service is made on behalf of the state, it may be made by an authorized employee of the Support Enforcement Division of the court, or by an investigator or other officer of the Bureau of Child Support Enforcement within the Department of Social Services or by an investigator of the [Bureau of Collection] Department of Administrative Services or by the Attorney General.

Sec. 6. Subsection (a) of section 53-304 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any person who neglects or refuses to furnish reasonably necessary support to [his] the person's spouse, child under the age of eighteen or parent under the age of sixty-five shall be deemed guilty of nonsupport and shall be imprisoned not more than one year, unless [he] the person shows to the court before which the trial is had that, owing to physical incapacity or other good cause, [he] the person is unable to furnish such support. Such court may suspend the execution of any community correctional center sentence imposed, upon any terms or conditions that it deems just, may suspend the execution of the balance of any such sentence in a like manner, and, in addition to any other sentence or in lieu thereof, may order that the person convicted shall pay to the Commissioner of Administrative Services directly or through the Support Enforcement Division of the Superior Court, such support, in such amount as the court may find commensurate with the necessities of the case and the ability of such person, for such period as the court shall determine. Any such order of support may, at any time thereafter, be set aside or altered by such court for cause shown. Failure of any defendant to make any payment may be punished as contempt of court and, in addition thereto or in lieu thereof, the court may order the issuance of a wage withholding in the same manner as is provided in section 17b-748, which withholding order shall have the same precedence as is provided in section 52-362, as amended. The amounts withheld under such withholding order shall be remitted to the [bureau of collection services] Department of Administrative Services by the person or corporation to whom the withholding order is presented at such intervals as such withholding order directs. For purposes of this section, the term "child" shall include one born out of wedlock whose father has acknowledged in writing his paternity of such child or has been adjudged the father by a court of competent jurisdiction.

Sec. 7. Section 5-209 of the general statutes is repealed and the following is substituted in lieu thereof:

Any state employee, except an employee who has been designated managerial, who is assigned, by [his] the employee's appointing authority, duties and responsibilities of a job classification higher than the class in which [he] the employee is placed, which assignment has been approved by the [Director of Personnel and Labor Relations] Commissioner of Administrative Services, and who works in such assignment on a continuous basis for a period of more than sixty working days, shall be compensated for such time in excess of sixty days at a rate in the higher class which shall not be less than one step in that class above [his] the employee's existing rate of pay. Service in a higher classification under this section shall not constitute permanent status in such class.

Sec. 8. Subdivision (3) of subsection (a) of section 5-213 of the general statutes is repealed and the following is substituted in lieu thereof:

(3) An employee who has completed twenty or more years but less than twenty-five years of state service shall receive two hundred twenty-five dollars or an amount determined in accordance with the longevity rate schedule established for [his] the employee's class of position by the [Director of Personnel and Labor Relations] Commissioner of Administrative Services, whichever is greater, except that a managerial employee shall receive an amount determined in accordance with the longevity rate schedule established for [his] the employee's class of position by said commissioner.

Sec. 9. Subsection (b) of section 5-237 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Notwithstanding the provisions of subsection (a) of this section, the [Director of Personnel and Labor Relations] Commissioner of Administrative Services shall provide for the administration of a performance appraisal system as [he or she shall deem] the commissioner deems practical for employees whose positions have been designated as managerial, except in the Legislative and Judicial Departments. Such performance appraisals shall be used in determining managerial compensation in accordance with the provisions of subsection (d) of section 5-210, and shall be required periodically as determined by the [Director of Personnel and Labor Relations] Commissioner of Administrative Services.

Approved May 16, 2000