See Sec. 10a-8c re restrictions on appropriations.
PART III
THE UNIVERSITY OF CONNECTICUT
Sec. 10a-103. (Formerly Sec. 10-118). Appointment of trustees. There shall
continue to be a Board of Trustees for The University of Connecticut to consist of
twenty-one persons, twelve to be appointed by the Governor, who shall reflect the state's
geographic, racial and ethnic diversity; two to be elected by the university alumni; two
to be elected by the students enrolled at the institutions under the jurisdiction of said
board; and five members ex officio. On or before July 1, 1983, the Governor shall appoint
members to the board as follows: Four members for a term of two years from said date;
four members for a term of four years from said date; and four members for a term of
six years from said date. Thereafter the Governor shall appoint trustees of said university
to succeed those appointees whose terms expire, and each trustee so appointed shall
hold office for a period of six years from the first day of July in the year of his or her
appointment, provided two of the trustees appointed for terms commencing July 1, 1995,
and their successors shall be alumni of the university, one of the trustees appointed for
a term commencing July 1, 1997, and his or her successors shall be such alumni and
one of the members appointed for a term commencing July 1, 1999, and his or her
successors shall be such alumni. The Commissioner of Agriculture, the Commissioner
of Education, the Commissioner of Economic and Community Development and the
chairperson of The University of Connecticut Health Center Board of Directors shall
be, ex officio, members of the board of trustees. The Governor shall be, ex officio,
president of said board. The graduates of all of the schools and colleges of said university
shall, prior to September first in the odd-numbered years, elect one trustee, who shall
be a graduate of the institution and who shall hold office for four years from the first
day of September succeeding his or her election. Not less than two nor more than four
nominations for each such election shall be made by the alumni association of said
university, provided no person who has served as an alumni trustee for the two full
consecutive terms immediately prior to the term for which such election is to be held
shall be nominated for any such election. Such election shall be conducted by mail
prior to September first under the supervision of a canvassing board consisting of three
members, one appointed by the board of trustees, one by the board of directors of the
alumni association of the university and one by the president of the university. No ballot
in such election shall be opened until the date by which ballots must be returned to the
canvassing board. In such election all graduates shall be entitled to vote by signed ballots
which have been circulated to them by mail and which shall be returned by mail. Vacancies occurring by death or resignation of either of such alumni trustees shall be filled
for the unexpired portion of the term by special election, if such unexpired term is for
more than eighteen months. When the unexpired term is eighteen months or less, such
vacancy shall be filled by appointment by the board of directors of said alumni association. On or before November 1, 1975, the students of The University of Connecticut
shall, in such manner as the board of trustees of said university shall determine, elect
two trustees, each of whom shall be enrolled as a full-time student of said university at
the time of his or her election. One such member shall be elected for a term of one year
from November 1, 1975, and one for a term of two years from said date. Prior to July
first, annually, such students shall, in accordance with this section and in such manner
as the board shall determine, elect one member of said board, who shall be so enrolled
at said university at the time of his or her election and who shall serve for a term of two
years from July first in the year of his or her election. The student member elected to
fill the term expiring on June 30, 2003, and such elected member's successors shall be
enrolled as full-time undergraduate students at a school or college of the university
and shall be elected by the undergraduate students of the schools and colleges of the
university. The student member elected to fill the term expiring on June 30, 2004, and
such elected member's successors shall be enrolled as a full-time student in the School
of Law, the School of Medicine, the School of Dentistry, the School of Social Work,
or as a graduate student of a school or college of the university, and shall be elected by
the students of the School of Law, the School of Medicine, the School of Dentistry, the
School of Social Work and the graduate students of the schools and colleges of the
university. Any vacancies in the elected membership of said board shall, except as
otherwise provided in this section, be filled by special election for the balance of the
unexpired term.
(1949 Rev., S. 3273; 1967, P.A. 777; P.A. 73-43; P.A. 75-262, S. 4; 75-504, S. 4, 5; P.A. 77-614, S. 302, 610; P.A. 82-218, S. 20, 46; P.A. 88-64; P.A. 92-154, S. 2, 23; P.A. 94-97, S. 2, 4; 94-245, S. 26, 46; P.A. 01-141, S. 10, 16; June 30
Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 05-255, S. 1.)
History: 1967 act required that at least two but not more than four nominations be made by alumni association, provided
for election by mail before July first rather than election at university during commencement week, changed membership
of canvassing board to specify that one alumni association member is chosen association's board of directors and to replace
member to be chosen by other two alumni members of canvassing board with member to be chosen by university president,
prohibited opening of ballots until last return date and distinguished between filling vacancies for unexpired terms of
more than eighteen months and those of eighteen months or less; P.A. 73-43 substituted commissioner of agriculture for
commissioner of agriculture and natural resources, deleted requirement that electors must be graduates "of two years'
standing" and deleted requirement that trustee elected by graduates must be graduate "of at least ten years' standing"; P.A.
75-262 added provisions concerning student trustees; P.A. 75-504 changed trustees appointed by governor from two to
four as provided in section; P.A. 77-614 substituted commissioner of education for secretary of the state board of education;
P.A. 82-218 reorganized higher education system, amending section to increase number of trustees from four to nineteen,
to require that trustees reflect state's diversity and to replace previous appointment provisions, effective March 1, 1983;
Sec. 10-118 transferred to Sec. 10a-103 in 1983; P.A. 88-64 provided that no person who has served as an alumni trustee
for the two full consecutive terms prior to the term for which such election is to be held shall be nominated for any such
election; P.A. 92-154 changed beginning of term for trustee elected by alumni from July to September; P.A. 94-97 added
provision requiring that alumni be appointed to terms commencing July 1, 1995, July 1, 1997 and July 1, 1999, effective
May 25, 1994; P.A. 94-245 changed the time frame for the election of student members from "On or before November"
to "Prior to July" first and changed the start of the student members' terms from November first to July first, effective
June 2, 1994; P.A. 01-141 provided for one student member of the board to be an undergraduate student and one student
member of the board to be a graduate student and made technical changes for purposes of gender neutrality, effective July 1,
2001; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer
Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger
of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 05-255 added the Commissioner of
Economic and Community Development and the chairperson of The University of Connecticut Health Center Board of
Directors as ex-officio board members and made conforming changes, effective July 1, 2005.
Sec. 10a-105. (Formerly Sec. 10-119a). Tuition, fees and refunds. Operating
funds. Special External Gift Fund. Endowment fund. Waivers. Reimbursement to
The University of Connecticut Operating Fund. Course reenrollment for student
members of the armed forces called to active duty. (a) Subject to the provisions of
sections 10a-8 and 10a-26, the Board of Trustees of The University of Connecticut shall
fix fees for tuition and shall fix fees for such other purposes as the board deems necessary
at The University of Connecticut, and may make refunds of the same.
(b) The Board of Trustees of The University of Connecticut shall establish and
administer a fund to be known as The University of Connecticut Operating Fund, and
in addition, may establish a Special External Gift Fund, and an endowment fund, as
defined in section 10a-109c, and such other funds as may be established pursuant to
subdivision (13) of subsection (a) of section 10a-109d. Appropriations from general
revenues of the state and, upon request by the university and with an annual review and
approval by the Secretary of the Office of Policy and Management, the amount of the
appropriations for fringe benefits and workers' compensation applicable to the university pursuant to subsection (a) of section 4-73, shall be transferred from the Comptroller,
and all tuition revenue received by the university in accordance with the provisions of
subsection (a) of this section, income from student fees or related charges, the proceeds
of auxiliary activities and business enterprises, gifts and donations, federal funds and
grants for purposes other than research and all receipts derived from the conduct by The
University of Connecticut of its education extension program and its summer school
session, except funds received by The University of Connecticut Health Center, shall be
deposited in said operating fund. If the Secretary of the Office of Policy and Management
disapproves such transfer, he may require the amount of the appropriation for operating
expenses to be used for personal services and fringe benefits to be excluded from said
fund. The State Treasurer shall review and approve the transfer prior to such request by
the university. All costs of waiving or remitting tuition pursuant to subsection (e) of
this section, except the cost of waiving or remitting tuition for students enrolled in the
schools of medicine or dental medicine, shall be charged to said fund. Repairs, alterations
or additions to facilities supported by said fund costing one million dollars or more shall
require the approval of the General Assembly, or when the General Assembly is not in
session, of the Finance Advisory Committee. Any balance of receipts above expenditures shall remain in said fund, except such sums as may be required for deposit into a
debt service fund or the General Fund for further payment by the Treasurer of debt
service on general obligation bonds of the state issued for purposes of The University
of Connecticut.
(c) The Board of Trustees of The University of Connecticut shall establish and
administer a fund to be known as The University of Connecticut Health Center Operating
Fund. Appropriations from general revenues of the state except the amount of the appropriation for operating expenses to be used for personal services and the appropriations
for fringe benefits pursuant to subsection (a) of section 4-73, all tuition revenue received
by the health center in accordance with the provisions of subsection (a) of this section,
income from student fees or related charges, proceeds from auxiliary and business enterprises, gifts and donations, federal funds and grants for purposes other than research
and other income relative to these activities shall be deposited in said fund. All costs of
waiving or remitting tuition pursuant to subsection (f) of this section for students enrolled
in the schools of medicine or dental medicine shall be charged to said fund. Repairs,
alterations or additions to facilities supported by said fund costing one million dollars
or more shall require the approval of the General Assembly, or when the General Assembly is not in session, of the Finance Advisory Committee. Any balance of receipts above
expenditures shall remain in said fund, except such sums as may be required for deposit
into a debt service fund or the General Fund for further payment by the Treasurer of debt
service on general obligation bonds of the state issued for purposes of The University of
Connecticut Health Center.
(d) Commencing December 1, 1981, and thereafter within sixty days of the close
of each quarter, the board of trustees shall submit to the joint standing committee of
the General Assembly having cognizance of matters relating to appropriations and the
budgets of state agencies and the Office of Policy and Management, through the Board
of Governors of Higher Education, a report on the actual expenditures of The University
of Connecticut Operating Fund and The University of Connecticut Health Center Operating Fund containing such relevant information as the Board of Governors of Higher
Education may require.
(e) Said board of trustees shall waive the payment of tuition fees at The University
of Connecticut (1) for any dependent child of a person whom the armed forces of the
United States has declared to be missing in action or to have been a prisoner of war
while serving in such armed forces after January 1, 1960, which child has been accepted
for admission to The University of Connecticut and is a resident of Connecticut at the
time such child is accepted for admission to said institution, (2) for any veteran having
served in time of war, as defined in subsection (a) of section 27-103, or who served in
either a combat or combat support role in the invasion of Grenada, October 25, 1983,
to December 15, 1983, the invasion of Panama, December 20, 1989, to January 31,
1990, or the peace-keeping mission in Lebanon, September 29, 1982, to March 30, 1984,
who has been accepted for admission to said institution and is domiciled in this state at
the time such veteran is accepted for admission to said institution, (3) for any resident
of Connecticut sixty-two years of age or older who has been accepted for admission to
said institution, provided (A) such person is enrolled in a degree-granting program, or
(B) at the end of the regular registration period, there are enrolled in the course a sufficient
number of students other than those persons eligible for waivers pursuant to this subdivision to offer the course in which such person intends to enroll and there is space available
in such course after accommodating all such students, (4) for any active member of the
Connecticut Army or Air National Guard who (A) has been certified by the Adjutant
General or such Adjutant General's designee as a member in good standing of the guard,
and (B) is enrolled or accepted for admission to said institution on a full-time or part-time basis in an undergraduate degree-granting program, (5) for any dependent child
of a (A) police officer, as defined in section 7-294a, or supernumerary or auxiliary
police officer, (B) firefighter, as defined in section 7-323j, or member of a volunteer
fire company, (C) municipal employee, or (D) state employee, as defined in section 5-154, killed in the line of duty, and (6) for any resident of the state who is the dependent
child or surviving spouse of a specified terrorist victim who was a resident of the state.
If any person who receives a tuition waiver in accordance with the provisions of this
subsection also receives educational reimbursement from an employer, such waiver
shall be reduced by the amount of such educational reimbursement. Veterans described
in subdivision (2) of this subsection and members of the National Guard described in
subdivision (4) of this subsection shall be given the same status as students not receiving
tuition waivers in registering for courses at The University of Connecticut. Notwithstanding the provisions of section 10a-30, as used in this subsection, "domiciled in this
state" includes domicile for less than one year.
(f) Said board shall set aside from its anticipated tuition revenue, an amount not
less than that required by the board of governors' tuition policy established under subdivision (3) of subsection (a) of section 10a-6. Such funds shall be used to provide tuition
waivers, tuition remissions, grants for educational expenses and student employment
for any undergraduate, graduate or professional student who is enrolled as a full or part-time matriculated student in a degree-granting program, or enrolled in a precollege
remedial program, and who demonstrates substantial financial need. Said board may
also set aside from its anticipated tuition revenue an additional amount equal to one per
cent of said tuition revenue for financial assistance for students who would not otherwise
be eligible for financial assistance but who do have a financial need as determined by
the university in accordance with this subsection. In determining such financial need,
the university shall exclude the value of equity in the principal residence of the student's
parents or legal guardians, or in the student's principal residence if the student is not
considered to be a dependent of his parents or legal guardians and shall assess the earnings of a dependent student at the rate of thirty per cent.
(g) The University of Connecticut Operating Fund shall be reimbursed for the
amount by which tuition waivers granted under subsection (e) of this section exceed
two and one-half per cent of tuition revenue through an annual state appropriation. The
board of trustees shall request such an appropriation and said appropriation shall be
based upon an estimate of tuition revenue loss using tuition rates in effect for the fiscal
year in which such appropriation will apply.
(h) Said board shall grant remission or waiver of tuition for graduate assistants at
the university. Assistantship payments to graduate assistants shall not be considered
salaries and wages under the provisions of section 3-119, and shall be paid according
to a schedule prescribed by the university and approved by the State Comptroller.
(i) Said board of trustees shall allow any student who is a member of the armed
forces called to active duty during any semester to enroll in any course for which such
student had remitted tuition but which was not completed due to active duty status. Such
course reenrollment shall be offered to any qualifying student for a period not exceeding
four years after the date of release from active duty without additional tuition, student
fee or related charge, except if such student has been fully reimbursed for the tuition,
fees and charges for the course that was not completed.
(1969, P.A. 530, S. 5; June, 1971, P.A. 5, S. 122; P.A. 73-542, S. 4; P.A. 74-266, S. 4, 5; 74-282, S. 4; P.A. 75-484, S.
4, 5; P.A. 76-181, S. 4, 5; P.A. 77-528, S. 1, 3; 77-573, S. 24, 30; P.A. 78-175, S. 4, 5; 78-331, S. 48, 49, 58; P.A. 81-252,
S. 4, 5; 81-468, S. 2, 11; P.A. 82-91, S. 36, 38; 82-218, S. 37, 46; 82-314, S. 24, 63; 82-463, S. 4, 6, 7; P.A. 83-457, S. 4,
6; P.A. 84-241, S. 2, 5; 84-365, S. 7, 12; 84-438, S. 4, 5; P.A. 85-553, S. 4, 5; P.A. 86-325, S. 4, 5; P.A. 87-450, S. 10, 11,
17; P.A. 89-380, S. 5-7; P.A. 90-147, S. 10-12, 20; P.A. 91-174, S. 12, 16; 91-208, S. 8, 11; 91-256, S. 29, 69; 91-303,
S. 9, 22; 91-407, S. 28, 42; June Sp. Sess. 91-7, S. 19, 22; P.A. 92-154, S. 11, 23; P.A. 93-293, S. 9, 11; P.A. 95-230, S.
28, 45; P.A. 96-237, S. 2, 3; 96-244, S. 61, 63; P.A. 97-247, S. 1, 21, 27; P.A. 00-204, S. 12, 13; P.A. 01-173, S. 36, 67;
P.A. 02-126, S. 4; P.A. 03-19, S. 24; 03-33, S. 3; 03-278, S. 128; June 30 Sp. Sess. P.A. 03-6, S. 201; P.A. 04-27, S. 3;
June Sp. Sess. P.A. 05-3, S. 18.)
History: 1971 act made provisions subject to Sec. 10-329b and set minimum tuition fees for residents at three hundred
fifty dollars and for nonresidents at eight hundred fifty dollars; P.A. 73-542 added Subsecs. (b) and (c) re waiver of fees
for children of persons missing-in-action and former prisoners of war and for Vietnam era veterans; P.A. 74-266 deleted
Subsec. (c) and incorporated its provisions in Subsec. (b) as Subdiv. (2); P.A. 74-282 allowed waiver of fees for persons
sixty-two or older, incorporated as Subdiv. (3) of Subsec. (b); P.A. 75-484 added new Subsec. (c) re waiver of fees for
students demonstrating substantial financial need; P.A. 76-181 substantially changed fee scale in Subsec. (a) by creating
separate fee rates for schools of law, medicine and dental medicine and increasing regular program fees for residents to
five hundred forty dollar minimum and for nonresidents to one thousand two hundred thirty dollar minimum, established
levels of fees which are to be appropriated to the university and the law, medicine and dentistry schools for educational
purposes and changed percentage of students who may have fees waived in Subsec. (c) from one to ten per cent; P.A. 77-528 added Subsec. (d) waiving tuition for graduate assistants; P.A. 77-573 substituted board of higher education for
commission for higher education; P.A. 78-175 substituted "veteran having served in time of war" for "Vietnam era veteran"
in Subsec. (b); P.A. 78-331 specified board of trustees in Subsecs. (b) and (c) to avoid confusion with board of higher
education; P.A. 81-252 amended Subsec. (b) to authorize waiver of tuition for eligible members of the Connecticut army
or air national guard, and to provide for reduction in waiver if eligible person receives educational reimbursement from
employer; P.A. 81-468 established tuition funds for The University of Connecticut and the University of Connecticut
Health Center; P.A. 82-91 amended Subsec. (a) to require board of trustees, for fiscal year 82-83, to increase nonresident
tuition fees, except for medical and dental students, in order to collect $1,837,680 and amended Subsec. (b) to provide that
additional tuition revenue deposited in tuition fund attributable to nonresident tuition fee increases pursuant to Subsec. (a)
may be expended in addition to amounts recommended by governor pursuant to Sec. 4-72; P.A. 82-218 reorganized higher
education system, replacing board of higher education with board of governors, effective March 1, 1983; P.A. 82-314
changed name of appropriations committee; P.A. 82-463 clarified Subsecs. (a) and (b), adding language re implementation
of tuition schedule in Subsec. (a) and amended Subsec. (f) to specify certain types of students whose tuition may be waived
where previously fees could be waived for any person accepted for admission and having financial need and to include
part-time students in calculation of total amount waived; Sec. 10-119a transferred to Sec. 10a-105 in 1983; P.A. 83-457
amended Subsec. (f) to repeal provision that tuition waived or remitted shall not exceed ten per cent of tuition revenue
payable by number of full-time or part-time resident and nonresident students matriculated in degree-granting programs
and enrolled in precollege remedial programs at The University of Connecticut for the current academic year, and substituted
provision that tuition waived or remitted shall not exceed ten per cent of tuition revenue due during the preceding year,
including revenue lost due to tuition waivers and remissions, adjusted for tuition changes; P.A. 84-241 added "of higher
education" to board of governors' title; P.A. 84-365 amended Subsec. (b) deleting provision re expenditure of $1,837,680
in addition to the amount recommended for expenditure by the governor pursuant to Sec. 4-72 and amended Subsecs. (b)
and (c) to provide that the board of trustees may increase the expenditure authority up to two per cent; P.A. 84-438 amended
Subsec. (e) authorizing tuition waivers for veterans of Grenada and Lebanon; P.A. 85-553 inserted new Subsec. (f) which
required board to set aside from its anticipated tuition fund revenue an amount not less than that required by the board of
governors' tuition policy to provide funds for tuition waivers and remissions, grants for educational expenses and student
employment, replacing prior provisions re waiver or remittance of tuition; P.A. 86-325 in Subsec. (b) increased two per
cent of the expenditure level to one hundred and two per cent, inserted new Subsec. (g) to provide for reimbursement of
the tuition fund for waivers, relettering former Subsec. (g) as (h); P.A. 87-450 in Subsecs. (b) and (c) provided that the
expenditure authority may be increased by the amount the fund income exceeds the authority rather than by the amount
the income exceeds the authority up to two per cent and eliminated the transfer of fund income for student financial aid;
P.A. 89-380 in Subsec. (b) substituted "fund balance or projected fund balance, including reserves and interest earnings
from investments" for "fund income, including interest earnings from investments" as the amount which must exceed the
expenditure authority for The University of Connecticut tuition fund in order for the authority to be increased by the board
of trustees and provided that if the authority is increased it be increased by the amount that the fund balance rather than
the fund income exceeds the expenditure authority and in Subsec. (c) substituted "fund balance or projected fund balance,
including reserves and interest earnings from investments" for "fund income, including interest earnings from investments"
as the amount which must exceed the expenditure authority for The University of Connecticut Health Center tuition fund
in order for the authority to be increased by the board of trustees and provided that if the authority is increased it be increased
by the amount that the fund balance rather than the fund income exceeds the expenditure authority; P.A. 90-147 in Subsec.
(b) expanded the authority of the board of trustees to increase expenditures from The University of Connecticut tuition
fund beyond the governor's recommended expenditure authority, in Subsec. (c) expanded the authority of the board of
trustees to increase expenditures from the health center tuition fund beyond the governor's recommended expenditure
authority and in Subsec. (e) required that a person sixty-two years of age or older be a resident of the state to be eligible
for a tuition waiver; P.A. 91-174 in Subsec. (a) deleted a requirement for approval by the board of governors of higher
education; P.A. 91-208 in Subsec. (f) added provision concerning the set aside of one per cent of tuition revenue for
financial assistance and specifying how financial need is to be determined; P.A. 91-256 removed provisions for tuition
funds and established operating funds at the university and at the health center, in Subsec. (a) deleted requirement for fees
to be approved by the board of governors of higher education and made technical changes; P.A. 91-303 in Subsec. (e)(1)
removed requirement of residency at the time of entering the armed forces and substituted requirement that the child be a
resident of the state at the time of acceptance to the institution, in Subsec. (e)(2) added dates of the actions in Grenada and
Lebanon, added reference to Panama and removed requirement that the veteran be a resident at the time he entered the
armed forces or be a resident while serving and in Subsec. (e)(3) added requirement that a sufficient number of students
other than those eligible for a waiver be enrolled to offer the course; P.A. 91-407 amended Subsecs. (b) and (c) to add
exceptions re appropriation for personal services and further amended Subsec. (c) to delete provision requiring that proceeds
of auxiliary and business enterprises, gifts and donations be maintained in accordance with federal tax code; June Sp. Sess.
91-7 amended Subsecs. (b) and (c) to provide for the deposit of federal funds and grants for purposes other than research
in the funds and deleted language in Subsec. (c) specifying that proceeds of auxiliary and business enterprises, gifts and
donations be maintained in accordance with the applicable provisions of the federal tax code; P.A. 92-154 amended Subsec.
(a) to remove language specifying the amount of tuition and added Subsec. (h) concerning health insurance coverage for
graduate assistants; P.A. 93-293 amended Subsec. (e) to add Subdiv. (5) re dependent child of a police officer or firefighter
killed in the line of duty, effective July 1, 1993; P.A. 95-230 amended Subsec. (b) to permit establishment of Special
External Gift Fund and Endowment Fund and made technical changes, effective June 7, 1995; P.A. 96-237 amended
Subsec. (b) to (1) expand appropriations to be deposited in operating fund to include operating expenses to be used for
personal services, (2) require, upon request by the university and with annual review by the Secretary of the Office of Policy
and Management, appropriations for fringe benefits and workers' compensation to be transferred from the Comptroller to
the fund, (3) authorize the secretary to require appropriations for operating expenses to be used for personal services and
fringe benefits to be excluded from the fund and (4) provide that the Treasurer shall review and approve the transfer prior
to such request by the university, effective July 1, 1996; P.A. 96-244 amended Subsec. (d) to provide that veterans and
members of the National Guard have the same status as students not receiving tuition waivers in registering for courses,
effective June 6, 1996; P.A. 97-247 amended Subsec. (e) to make a technical change and amended Subsec. (h) to prohibit
the consideration of graduate assistantship payments as salaries and wages under Sec. 3-119 and to require payments to
be made according to a schedule prescribed by the university and approved by the State Comptroller, effective July 1,
1997; P.A. 00-204 amended Subsec. (e) to designate existing provisions of Subdiv. (5) as Subparas. (A) and (B) and to
add Subparas. (C) and (D) re municipal employee and state employee, respectively, and to make technical changes, effective
June 1, 2000; P.A. 01-173 amended Subsec. (e)(5) to add a dependent child of a supernumerary or auxiliary police officer
or of a member of a volunteer fire company, effective July 1, 2001; P.A. 02-126 amended Subsec. (e) to add Subdiv. (6)
requiring tuition waiver for any state resident who is the dependent child or surviving spouse of a specified terrorist victim
who was a state resident, effective June 7, 2002; P.A. 03-19 made technical changes in Subsec. (e), effective May 12,
2003; P.A. 03-33 added Subsec. (i) re course reenrollment for students who are members of the armed forces called to
active duty during any semester; P.A. 03-278 changed effective date of P.A. 03-33, S. 3 from October 1, 2003, to May 12,
2003; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (h) by deleting provisions re health insurance coverage for graduate
assistants, effective August 20, 2003; P.A. 04-27 made a technical change in Subsec. (i), effective April 28, 2004; June
Sp. Sess. P.A. 05-3 amended Subsec. (e)(2) by replacing language re residency with language re domicile, amended Subsec.
(e)(4) by replacing language re residency in Subpara. (A) with language re the Adjutant General in existing Subpara. (B)
and redesignating existing Subpara. (C) as new Subpara. (B) and amended Subsec. (e)(6) by adding language describing
"domiciled in this state", effective July 1, 2005.
Sec. 10a-109i. Special External Gift Fund. Endowment Fund for The University of Connecticut. Endowment fund state grant. (a)(1) There is hereby created a
Special External Gift Fund to encourage special eligible gifts from the private sector,
to be used by the university in furtherance of UConn 2000 pursuant to sections 10a-109a to 10a-109y, inclusive. The fund shall be administered by the board of trustees,
or by the finance committee if so delegated by the board of trustees. Notwithstanding
the provisions of subsection (b) of section 10a-105 or any other provision of the general
statutes, there shall be deposited into the fund: (A) Special eligible external gift fund
moneys in an amount equal to the special eligible gifts, and (B) interest or other income
earned on the investment of moneys in the Special External Gift Fund pending transfer
or use of such moneys pursuant to sections 10a-109a to 10a-109y, inclusive.
(2) Moneys in the Special External Gift Fund may be used to pay costs in connection
with any UConn 2000 project or projects and may be added to state or other moneys
available or becoming available for any such project; any moneys in the Special External
Gift Fund not used to pay costs in connection with any such project or projects may be
used to meet special debt service requirements on outstanding securities or for purchase
or redemption and cancellation of such securities or by payment thereof at maturity.
(3) The board of trustees shall adopt guidelines with respect to the solicitation of
special eligible gifts from private donors. The adoption of such guidelines shall not
constitute regulation making as defined in and prescribed by chapter 54.
(b) (1) A permanent Endowment Fund for The University of Connecticut shall be
confirmed, established or created to encourage donations from the private sector, with
an incentive in the form of an endowment fund state grant, which shall be deposited in
the university or in a foundation operating pursuant to sections 4-37e and 4-37f consistent with the deposit of endowment fund eligible gifts, and the net earnings on the principal of which are to be dedicated and made available to the university for endowed
professorships, scholarships and programmatic enhancements. The fund shall be administered by the board of trustees, or by a nonprofit entity entrusted for such purpose and
created or to be created and qualified as a Section 501(c)(3) organization under the
Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code
of the United States, as from time to time amended, and preferably constituted and
controlled independent of the state and university so as to qualify the interest on state
bonds the proceeds of which have been granted for deposit in the endowment fund as
excludable from federal taxation under such code and shall, in any event, be held in a
trust fund with a bank or trust company separate and apart from all other funds and
accounts of the state and university. There shall be deposited into the fund: (A) Endowment fund eligible gifts, (B) endowment fund state grants and (C) interest or other income
earned on the investment of moneys in the endowment fund pending application or
transfer or use of earnings on the principal thereof for the purposes identified in this
subdivision (1) of subsection (b) of this section.
(2) (A) For each of the fiscal years ending June 30, 1999, to June 30, 2006, inclusive, as part of the state contract with donors of endowment fund eligible gifts, the
Department of Higher Education, in accordance with section 10a-8b shall deposit in the
endowment fund for the university a grant in an amount equal to half of the total amount
of endowment fund eligible gifts, except as provided in this subparagraph, received by
the university or for the benefit of the university for the calendar year ending the December thirty-first preceding the commencement of such fiscal year, as certified by the
chairperson of the board of trustees by February fifteenth to (i) the Secretary of the
Office of Policy and Management, (ii) the joint standing committee of the General
Assembly having cognizance of matters relating to appropriations and the budgets of
state agencies, and (iii) the Commissioner of Higher Education, provided such sums do
not exceed the endowment fund state grant maximum commitment for the fiscal year
in which the grant is made. For the fiscal years ending June 30, 1999, and June 30,
2000, the Department of Higher Education shall deposit in the endowment fund for the
university grants in total amounts which shall not exceed the endowment fund state
grant, as defined in subdivision (7) of section 10a-109c of the general statutes, revision
of 1958, revised to January 1, 1997, and which shall be equal to the amounts certified
by the chairperson of the board of trustees for each such fiscal year of endowment fund
eligible gifts received by the university or for the benefit of the university and for which
written commitments were made prior to July 1, 1997. For the fiscal year ending June
30, 1999, the funds required to be deposited in the endowment fund pursuant to this
subparagraph shall be appropriated to the university for such purpose and not appropriated to the fund established pursuant to section 10a-8b.
(B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, inclusive,
as part of the state contract with donors of endowment fund eligible gifts, the Department
of Higher Education, in accordance with section 10a-8b shall deposit in the endowment
fund for the university a grant in an amount equal to one-quarter of the total amount of
endowment fund eligible gifts, except as provided in this subdivision, received by the
university or for the benefit of the university for the calendar year ending the December
thirty-first preceding the commencement of such fiscal year, as certified by the chairperson of the board of trustees by February fifteenth to (i) the Secretary of the Office of
Policy and Management, (ii) the joint standing committee of the General Assembly
having cognizance of matters relating to appropriations and the budgets of state agencies,
and (iii) the Commissioner of Higher Education, provided such sums do not exceed the
endowment fund state grant maximum commitment for the fiscal year in which the grant
is made. Commitments by donors to make endowment fund eligible gifts for two or
more years that meet the criteria set forth in this subdivision and that are made for the
period prior to December 31, 2004, but ending before December 31, 2012, shall continue
to be matched by the Department of Higher Education in an amount equal to one-half
of the total amount of endowment fund eligible gifts received through the commitment.
(C) In any such fiscal year in which the eligible gifts received by the university
exceed the endowment fund state grant maximum commitment for such fiscal year the
amount in excess of such endowment fund state grant maximum commitment for such
fiscal year, shall be carried forward and be eligible for a matching state grant in any
succeeding fiscal year from the fiscal year ending June 30, 1999, to the fiscal year
ending June 30, 2014, inclusive, subject to the endowment fund state grant maximum
commitment for such fiscal year. Any endowment fund eligible gifts that are not included
in the total amount of endowment fund eligible gifts certified by the chairperson of the
board of trustees pursuant to this subparagraph may be carried forward and be eligible
for a matching state grant in any succeeding fiscal year from the fiscal year ending June
30, 2000, to the fiscal year ending June 30, 2014, inclusive, subject to the endowment
fund state matching grant maximum commitment for such fiscal year.
(3) Moneys in the endowment fund shall be invested pursuant to subdivision (1) of
subsection (b) of section 10a-109i in such obligations as are eligible for investment of
pension funds by the Treasurer provided any deposit in a bank or money market or other
banking or money market arrangement, such as repurchase agreement, shall be fully
secured unless otherwise insured by a federal corporation and the net earnings of the
endowment fund shall be used solely for the purposes for which the fund has been
established. There shall be no commingling of the investments of the endowment fund
with any other fund or account of the state or the university.
(4) The board of trustees shall adopt guidelines with respect to the solicitation of
endowment fund eligible gifts from private donors. Private donations shall not be construed to include proceeds of federal grants but may include proceeds of municipal
grants.
(P.A. 95-230, S. 9, 45; P.A. 97-293, S. 8, 26; P.A. 98-252, S. 28, 52, 80; 98-259, S. 8, 17; P.A. 01-141, S. 12, 16; June
Sp. Sess. P.A. 05-3, S. 65.)
History: P.A. 95-230 effective June 7, 1995; P.A. 97-293 amended Subpara. (A) of subdiv. (2) of Subsec. (b) to add
provisions re deposit of funds by the Department of Higher Education, to delete provisions concerning state appropriations
and bonding, to change the match from one hundred to fifty per cent of the total amount of eligible gifts except as provided
in the Subpara. for fiscal years ending June 30, 1999, and June 30, 2000, to add subclauses (ii) and (iii), to substitute cap
of the Endowment Fund state grant maximum commitment for specific dollar amounts and to make technical changes,
effective July 1, 1997; P.A. 98-252 amended Subdiv. (1) of Subsec. (b) to provide for the deposit in the university or a
foundation operating pursuant to Secs. 4-37e and 4-37f and to make a technical change and amended Subdiv. (2) of Subsec.
(b) to allow gifts not included in the amount certified by the chairperson to be carried forward and be eligible for a matching
state grant in a succeeding fiscal year, effective July 1, 1998; P.A. 98-259 amended Subsec. (b) to delete Subparas. (B) to
(D) of Subdiv. (2), effective July 1, 1998; P.A. 01-141 amended Subsec. (b)(2) to extend the program to the fiscal year
ending June 30, 2014, effective July 1, 2001; June Sp. Sess. P.A. 05-3 amended Subsec. (b)(2) by designating existing
language re match in an amount equal to half as Subpara. (A) and amended same to provide for match terminating with
the fiscal year ending June 30, 2006, by adding new Subpara. (B) re match in an amount equal to one quarter and by
designating existing language re eligible gifts in excess of state grant maximum commitment as Subpara. (C), effective
July 1, 2005.
See Sec. 10a-8c re restrictions on appropriations.
Sec. 10a-114a. Loans for projects for The University of Connecticut Health
Center. (a) The University of Connecticut may, when authorized by the board of trustees, borrow money from the Connecticut Health and Educational Facilities Authority
for any project for The University of Connecticut Health Center for which the authority
would be authorized to make loans to a participating health care institution pursuant to
chapter 187 and to refinance any such borrowing, and in connection with such borrowing, The University of Connecticut is authorized to enter into any loan or other
agreement and to make such covenants, representations and indemnities as the board
of trustees deems necessary or desirable to obtain such loans from the authority or to
facilitate the issue of bonds by the authority to finance such loans, including agreements
with providers of letters of credit, insurance or other credit facilities for such financings.
Any such agreement, covenant, representation and indemnification shall be a full faith
and credit obligation of The University of Connecticut. The University of Connecticut
may secure such obligations by a pledge of the revenues to be derived from the operation
or use of a clinical services project or projects, from rates, amounts, rents, fees, charges
and other income and receipts from clinical services or from other general revenues of
The University of Connecticut Health Center, provided any such pledge shall not violate
any covenant of the state under section 10a-109u. Bonds of the authority issued pursuant
to this section to finance a clinical services project for The University of Connecticut
Health Center shall be deemed to have been issued to finance a project at a participating
health care institution for purposes of chapter 187 and shall be eligible for the benefit
of a special capital reserve fund created and established pursuant to subsection (a) of
section 10a-186a.
(b) Any pledge made by The University of Connecticut pursuant to this section is
and shall be deemed a statutory lien. The lien of any such pledge shall be valid and
binding as against all parties having claims of any kind in tort, contract or otherwise
against The University of Connecticut, irrespective of whether the parties have notice
of the claims. Notwithstanding any provision of the Uniform Commercial Code, no
instrument by which such a pledge is created need be recorded or filed. Any revenues
or other receipts, funds, moneys or income so pledged and thereafter received by The
University of Connecticut Health Center shall be subject immediately to the lien of the
pledge without any physical delivery thereof or further act and such lien shall have
priority over all other liens, including without limitation the lien of any person who, in
the ordinary course of business, furnishes services or materials to The University of
Connecticut.
(c) Notwithstanding the provisions of any general statute or public or special act
which may require any revenue from the operation of facilities of The University of
Connecticut Health Center or any other revenue of The University of Connecticut Health
Center be paid to the State Treasurer for the payment of debt service on any bonds issued
by the state for The University of Connecticut Health Center, any revenues pledged by
the board of trustees pursuant to this section shall be applied first to the extent necessary
to fulfill the obligations for which such revenues are pledged, and only thereafter to the
State Treasurer.
(d) The Connecticut Health and Educational Facilities Authority shall not borrow
any money or issue any bonds or notes which are secured by a pledge of any revenues
of The University of Connecticut Health Center, unless such borrowing or issuance has
been approved by the State Treasurer and the Secretary of the Office of Policy and
Management or their deputies. In granting such approval the State Treasurer and the
secretary shall consider the adequacy of revenues available to The University of Connecticut Health Center to pay (1) debt service on all the borrowings, bonds or notes issued
by the Connecticut Health and Educational Facilities Authority for which revenues of
The University of Connecticut Health Center are pledged, (2) debt service on all the
bonds issued by the state for which revenues of The University of Connecticut Health
Center are to be paid to the State Treasurer, and (3) debt service on any other borrowings
for which the revenues of The University of Connecticut Health Center have been
pledged.
(e) The state covenants with the authority and with the purchasers and all other
subsequent owners and transferees of obligations issued by the authority for the benefit
of The University of Connecticut Health Center pursuant to this section, in consideration
of the financing by the authority and the acceptance of and payment for the securities
of the authority, until all obligations of The University of Connecticut and all costs and
expenses in connection with any action or proceeding in connection therewith, are fully
met and discharged, unless expressly permitted or otherwise authorized by the terms of
each contract and agreement made or entered into by or on behalf of The University of
Connecticut with the authority or for the benefit of such other parties, that the state will
not (1) create or cause to be created any lien or charge on the assets or revenues pledged
to secure such obligations of The University of Connecticut, prior to or on parity with
a lien or pledge created thereon pursuant to this section; (2) in any way impair the rights,
exemptions or remedies of the authority or the owners of such bonds of the authority;
and (3) limit, modify, rescind, repeal or otherwise alter the rights or obligations of The
University of Connecticut to take such action as may be necessary to fulfill the terms
of its obligations in connection with its borrowing from the authority; provided nothing
in this section precludes the state from exercising its power, through a change in law,
to limit, modify, rescind, repeal or otherwise alter this section if and when adequate
provision is made by law for the protection of the authority and the holders of any
outstanding securities of the authority, pursuant to the agreement of The University of
Connecticut with the authority and pursuant to the indenture or other instrument under
which the bonds of the authority are issued pursuant to this section. The University of
Connecticut is authorized to include this covenant of the state, as a contract of the state,
in any such agreement with the authority and in any credit facility or reimbursement
agreement with respect to the obligations of The University of Connecticut or the obligations of the authority issued for the benefit of The University of Connecticut Health
Center.
(f) The Superior Court shall have jurisdiction to enter judgment against The University of Connecticut found upon any express contract, including any indemnification
provisions thereof, between The University of Connecticut and the authority, any trustee
or underwriter for the authority's bonds issued pursuant to this section, or any bond
insurer or other credit facility provider. Any action brought under this section shall be
brought in the superior court for the judicial district of Hartford. The jurisdiction conferred upon the Superior Court by this subsection includes any set-off, claim or demand
whatever on the part of The University of Connecticut against any plaintiff commencing
or joining an action under this subsection. Such action shall be tried to the court without
a jury. All legal defenses except governmental immunity shall be reserved to The University of Connecticut. Any action brought under this section shall be privileged in respect
to assignment for trial upon motion of either party.
(g) For purposes of this section, "clinical services" means clinical and patient services and programs, both in-patient and ambulatory, and including, but not limited to,
university physicians' clinical operations, offered by The University of Connecticut
Health Center, including, but not limited to, services at the John Dempsey Hospital, the
Faculty Physician Practice or at clinics or other facilities operated by The University of
Connecticut Health Center elsewhere in the state, exclusive of educational and research
functions; and "clinical services project" means a project to be used principally to provide or support clinical services.
(h) The powers granted pursuant to this section to The University of Connecticut
shall be in addition to the powers granted by The University of Connecticut 2000 Act
pursuant to sections 10a-109a to 10a-109y, inclusive.
(P.A. 05-255, S. 2.)
History: P.A. 05-255 effective July 1, 2005.
PART IV
BOARD FOR STATE ACADEMIC AWARDS
Sec. 10a-143a. Endowment Fund for Charter Oak State College. (a)(1) The
Board for State Academic Awards shall establish a permanent Endowment Fund for
Charter Oak State College to encourage donations from the private sector, with an incentive in the form of an endowment fund state grant, the net earnings on the principal of
which are dedicated and made available to Charter Oak State College for scholarships
and programmatic enhancements. The fund shall be administered by the Board for State
Academic Awards or by a nonprofit entity entrusted for such purpose and qualified
as a Section 501(c)(3) organization under the Internal Revenue Code of 1986, or any
subsequent corresponding internal revenue code of the United States, as from time to
time amended, and preferably constituted and controlled independent of the state and
college so as to qualify the interest on state bonds the proceeds of which have been
granted for deposit in the endowment fund as excludable from federal taxation under
such code and shall, in any event, be held in a trust fund separate and apart from all
other funds and accounts of the state and the Board for State Academic Awards. There
shall be deposited into the fund: (A) Endowment fund eligible gifts; (B) endowment
fund state grants; and (C) interest or other earnings from the investment of moneys in
the endowment fund pending transfer or use of earnings on the principal of the fund for
the purposes identified in this subdivision.
(2) (A) For each of the fiscal years ending June 30, 2000, to June 30, 2006, inclusive, as part of the state contract with donors of endowment fund eligible gifts, the
Department of Higher Education, in accordance with section 10a-8b, shall deposit in
the Endowment Fund for Charter Oak State College a grant in an amount equal to half
of the total amount of endowment fund eligible gifts received by or for the benefit of
Charter Oak State College for the calendar year ending the December thirty-first preceding the commencement of such fiscal year, as certified by the chairperson of the Board
for State Academic Awards by February fifteenth to (i) the Secretary of the Office of
Policy and Management, (ii) the joint standing committee of the General Assembly
having cognizance of matters relating to appropriations and the budgets of state agencies,
and (iii) the Commissioner of Higher Education, provided such sums do not exceed the
endowment fund state grant maximum commitment for the fiscal year in which the grant
is made.
(B) For each of the fiscal years ending June 30, 2007, to June 30, 2014, inclusive,
as part of the state contract with donors of endowment fund eligible gifts, the Department
of Higher Education, in accordance with section 10a-8b, shall deposit in the Endowment
Fund for Charter Oak State College a grant in an amount equal to one-quarter of the
total amount of endowment fund eligible gifts received by or for the benefit of Charter
Oak State College for the calendar year ending the December thirty-first preceding the
commencement of such fiscal year, as certified by the chairperson of the Board for State
Academic Awards by February fifteenth to (i) the Secretary of the Office of Policy
and Management, (ii) the joint standing committee of the General Assembly having
cognizance of matters relating to appropriations and the budgets of state agencies, and
(iii) the Commissioner of Higher Education, provided such sums do not exceed the
endowment fund state grant maximum commitment for the fiscal year in which the grant
is made. Commitments by donors to make endowment fund eligible gifts for two or
more years that meet the criteria set forth in this subdivision and that are made for the
period prior to December 31, 2004, but ending before December 31, 2012, shall continue
to be matched by the Department of Higher Education in an amount equal to one-half
of the total amount of endowment fund eligible gifts received through the commitment.
(C) In any such fiscal year in which the total of the eligible gifts received by Charter
Oak State College exceeds the endowment fund state grant maximum commitment for
such fiscal year the amount in excess of such endowment fund state grant maximum
commitment shall be carried forward and be eligible for a matching state grant in any
succeeding fiscal year from the fiscal year ending June 30, 2000, to the fiscal year
ending June 30, 2014, inclusive, subject to the endowment fund state grant maximum
commitment. Any endowment fund eligible gifts that are not included in the total amount
of endowment fund eligible gifts certified by the chairperson of the Board for State
Academic Awards pursuant to this subdivision may be carried forward and be eligible
for a matching state grant in any succeeding fiscal year from the fiscal year ending June
30, 2000, to the fiscal year ending June 30, 2014, inclusive, subject to the endowment
fund state matching grant maximum commitment for such fiscal year.
(3) The Board for State Academic Awards shall adopt, by October 1, 1997, guidelines with respect to (A) the solicitation of endowment fund eligible gifts from private
donors, and (B) governing the acceptance of gifts made by a foundation established
pursuant to sections 4-37e and 4-37f, to Charter Oak State College or its employees for
reimbursement of expenditures or payment of expenditures on behalf of Charter Oak
State College or its employees. Private donations shall not be construed to include proceeds of municipal grants.
(b) For the purposes of this section: (1) "Endowment fund eligible gift" means a
gift to or for the benefit of Charter Oak State College of cash or assets which may be
reduced to cash or which has a value that is ascertainable by such college which the
donor has specifically designated for deposit in the endowment fund or which explicitly
or implicitly by the terms of the gift Charter Oak State College may and does deposit
or permit to be deposited in the endowment fund. (2) "Endowment fund state grant"
means moneys that are transferred by the Department of Higher Education from the
fund established pursuant to section 10a-8b to the endowment fund established pursuant
to this section in an aggregate amount not exceeding the endowment fund state grant
maximum commitment. (3) "Endowment fund state grant maximum commitment"
means an amount not exceeding one hundred thousand dollars for each fiscal year from
the fiscal year ending June 30, 2000, to the fiscal year ending June 30, 2014, inclusive.
(c) Notwithstanding the endowment fund state grant maximum commitment level
provided for each fiscal year pursuant to subsection (b) of this section, the total of the
endowment fund state grant maximum commitments for the fiscal years ending June
30, 2000, to June 30, 2014, inclusive, shall not exceed nine hundred thousand dollars.
(P.A. 97-293, S. 2, 26; P.A. 98-252, S. 30, 49, 80; P.A. 01-141, S. 13, 16; June Sp. Sess. P.A. 05-3, S. 66.)
History: P.A. 97-293 effective July 1, 1997; P.A. 98-252 amended Subdiv. (1) of Subsec. (a) to add provision for the
fund to be administered by a nonprofit entity and to make technical changes and amended Subdiv. (2) of Subsec. (a) to
allow gifts not included in the amount certified by the chairperson to be carried forward and be eligible for a matching
state grant in a succeeding fiscal year, effective July 1, 1998; P.A. 01-141 extended the program to the fiscal year ending
June 30, 2014, in Subsec. (a)(2), applied the limit in Subsec. (b)(3) to the extension and added Subsec. (c) re nine-hundred-thousand-dollar cap, effective July 1, 2001 (Revisor's note: In Subsec. (b)(1), "endowment funds" was changed editorially
by the Revisors to "endowment fund" for consistency); June Sp. Sess. P.A. 05-3 amended Subsec. (a)(2) by designating
existing language re match in an amount equal to half as new Subpara. (A) and amended same to provide for match
terminating with the fiscal year ending June 30, 2006, and by redesignating Subparas. (A) to (C) as clauses (i) to (iii), by
adding new Subpara. (B) re match in an amount equal to one quarter and by designating existing language re eligible gifts
in excess of state grant maximum commitment as new Subpara. (C), effective July 1, 2005.
See Sec. 10a-8c re restrictions on appropriations.
PART V
MISCELLANEOUS
Sec. 10a-149. (Formerly Sec. 10-325c). Operation of state institutions of higher
education. In addition to other powers granted in the general statutes, authority and
responsibility for the operation of the state's public institutions of higher education shall
be vested in (1) the Board of Trustees of The University of Connecticut which shall have
exclusive responsibility for programs leading to doctoral degrees and postbaccalaureate
professional degrees, with the exception of education doctoral degree programs, (2) the
Board of Trustees of the Connecticut State University System which shall have special
responsibility for the preparation of personnel for the public schools of the state including
master's degree programs, education doctoral degree programs and other graduate study
in education, and authority for providing liberal arts and career programs at the bachelors, masters and sixth year level, (3) the Board of Trustees of the Community-Technical
Colleges which shall have responsibility for providing programs, as enumerated in section 10a-80, leading, where appropriate, to an associate degree or occupational certificate and programs leading to the degree of associate in applied science and such other
appropriate degrees or certificates as are approved by the Board of Governors of Higher
Education and for such terminal vocational retraining and continuing education programs leading to occupational certificates as are appropriate, and (4) the Board for State
Academic Awards which shall have responsibility for the award of external degrees and
credits earned by examination and by other forms of validation and by evaluation of
learning, including transfer of credit; provided the authority of the Boards of Trustees
of The University of Connecticut, the Connecticut State University System and the
Community-Technical Colleges to award degrees of the respective institutions shall not
be affected.
(P.A. 77-573, S. 16, 30; P.A. 82-218, S. 37, 39, 46; P.A. 84-241, S. 2, 5; P.A. 89-260, S. 33, 41; P.A. 91-256, S. 63,
69; P.A. 05-4, S. 1.)
History: P.A. 82-218 reorganized higher education system, replacing board of higher education with board of governors
and redesignating state colleges as the Connecticut State University, effective March 1, 1983; Sec. 10-325c transferred to
Sec. 10a-149 in 1983; P.A. 84-241 added "of higher education" to board of governors' title; P.A. 89-260 made the board
of trustees of the community-technical colleges responsible for the programs formerly the responsibility of the boards of
trustees of the regional community colleges and of the state technical colleges by combining Subdivs. (3) and (4) and
renumbering Subdiv. (5) as Subdiv. (4), substituted "board of trustees of the community-technical colleges" for the board
of trustees of regional community colleges and of the state technical colleges and made a technical change; P.A. 91-256
made technical changes; P.A. 05-4 amended Subdivs. (1) and (2) to permit the Connecticut State University system to
offer education doctoral degree programs and made a technical change, effective July 1, 2005.
Sec. 10a-151b. Purchase of equipment, supplies and contractual services by
constituent units and their institutions. (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 4-212 to 4-219, inclusive, and section 9 of public act 93-336* shall not apply to personal service
agreements executed pursuant to this section.
(b) Purchases made pursuant to this section shall be based, when possible, on competitive bids or competitive negotiation. Such chief executive officer shall solicit competitive bids or proposals by sending notice to prospective suppliers and by posting
notice on a public bulletin board in his office. Such notice shall contain a notice of state
contract requirements pursuant to section 4a-60. Each bid or proposal shall be kept
sealed until opened publicly at the time stated in the notice soliciting such bid or proposal.
Sealed bids or proposals shall include bids or proposals sealed within an envelope or
maintained within a safe and secure electronic environment until such time as they are
publicly opened. If the amount of the expenditure is estimated to exceed fifty thousand
dollars, competitive bids or proposals shall be solicited by public notice inserted at least
once in two or more publications, at least one of which shall be a major daily newspaper
published in the state, and shall be posted on the Internet, and at least five calendar days
before the final date of submitting bids or proposals. All purchases fifty thousand dollars
or less in amount shall be made in the open market, but shall, when possible, be based
on at least three competitive quotations. If desired by the constituent unit, competitive
quotations may include quotations submitted to the constituent unit within a safe and
secure electronic environment. The constituent unit shall not refuse to consider a bid,
proposal or quotation because it is not submitted electronically.
(c) Notwithstanding the provisions of subsection (b) of this section to the contrary,
competitive bidding or competitive negotiation is not required in the case of minor
purchases of ten thousand dollars or less in amount or in the case of emergency purchases.
Whenever an emergency exists by reason of extraordinary conditions or contingencies
that could not reasonably be foreseen and guarded against, or because of unusual trade
or market conditions, the chief executive officer may, if it is for the best interest of
the state, make purchases without competitive bidding. A statement of all emergency
purchases made under the provisions of this subsection shall be set forth in the annual
report of the chief executive officer.
(d) Nothing in this section shall exempt a constituent unit or chief executive officer
from complying with the provisions of sections 4a-60 and 4a-61.
(e) No person, firm or corporation disqualified pursuant to section 4a-52a, or by
the Commissioner of Administrative Services pursuant to section 4a-63 from bidding
on contracts with the Department of Administrative Services may bid pursuant to this
section.
(f) A chief executive officer who enters into a contract under this section which
fails to meet the requirements of this section shall be personally liable for the costs of
such contract and such contract shall be void and of no effect. Any amount paid under
such contract may be recovered from such chief executive officer by the state in a civil
action.
(g) Nothing in this section shall be construed to prevent a chief executive officer
from participating in a contract for the purchase of equipment, supplies or services with
the Department of Administrative Services pursuant to chapter 58.
(h) Nothing in this section shall be construed to prevent a constituent unit from
entering into a corporate sponsorship agreement which contains provisions for the barter
of goods and services, provided such agreement is entered into in accordance with policies and procedures governing such agreements pursuant to subsection (a) of this section.
(i) For the period from July 1, 2002, to June 30, 2006, inclusive, any funds or revenues collected from ticket sales by the contractor hired by Western Connecticut State
University to operate and manage its O'Neill Center, shall not be deemed to be state
funds for the purposes of sections 4-32 and 4-33 and may be deposited in the contractor's
account for a period of time not to exceed forty days, during which time the contractor
shall pay all expenses related to the event for which the tickets were sold and make an
accounting of the portion of the funds to be remitted to the university, and then remit
such funds to the university pursuant to the terms of the contract. Upon receipt of such
funds, the university shall deposit such funds in accordance with the provisions of sections 4-32 and 4-33.
(j) Notwithstanding the provisions of subsections (a) and (b) of this section, a chief
executive officer may not extend a contract with a value of fifty thousand dollars or
more per year to perform janitorial, building maintenance, security or food and beverage
services unless: (1) Such contract is in effect on May 1, 2005; (2) such extension is for
a period of one year from the date such contract would otherwise expire; and (3) any
such extension includes any applicable increase in the standard wage and the payroll
burden to administer the standard wage, as established by the Labor Department.
(P.A. 90-201, S. 3, 11; P.A. 91-256, S. 35, 69; P.A. 92-154, S. 16, 23; P.A. 93-201, S. 8, 24; P.A. 96-244, S. 33, 34,
63; June 18 Sp. Sess. P.A. 97-9, S. 22, 50; P.A. 99-285, S. 11, 12; P.A. 00-66, S. 29; P.A. 02-140, S. 1, 2; P.A. 05-287, S. 24.)
*Note: Section 9 of public act 93-336 is special in nature and therefore has not been codified but remains in full force
and effect according to its terms.
History: P.A. 91-256 in Subsec. (a) added references to Secs. 4a-4, 4a-5 and 4a-6 and the executive director of the
office of information and technology, deleted language limiting the types of purchases allowed and the circumstances
under which purchases may be made, added language concerning the lease of personal property and made technical changes,
in Subsec. (b) changed ten thousand to twenty-five thousand dollars, in Subsec. (c) changed six hundred to two thousand
dollars and added Subsec. (g) re contracts between chief executive officer and administrative services department; P.A.
92-154 amended Subsec. (a) to add the reference to Sec. 4-98 and to require comptroller's approval of certain expenditures;
P.A. 93-201 amended Subsec. (a) to add the provisions relating to personal service agreements, effective July 1, 1993;
P.A. 96-244 added reference to Sec. 16a-118 in Subsec. (a) and added Subsec. (h) re corporate sponsorship agreements
and the barter of goods and services, effective July 1, 1996; June 18 Sp. Sess. P.A. 97-9 amended Subsec. (a) by substituting
"Department of Information Technology" for "Office of Information and Technology" and "Chief Information Officer"
for "executive director of the Office of Information and Technology" and adding proviso that chief executive officer
consults with Chief Information Officer, effective July 1, 1997; P.A. 99-285 amended Subsec. (b) to add competitive
negotiations and to add proposals, to increase the amount of expenditure that requires specified public notice from twenty-five to fifty thousand dollars and to make a corresponding change for the provision concerning purchases on the open
market, and to change the type of notice required from "not fewer than three daily newspapers" to two or more publications,
at least one of which is a major daily newspaper and to require posting on the Internet and amended Subsec. (c) to add
competitive negotiation and to increase the amount for minor purchases from two thousand dollars or less to ten thousand
dollars or less, effective July 1, 1999; P.A. 00-66 made a technical change and deleted reference to repealed Sec. 4-210 in
Subsec. (a); P.A. 02-140 amended Subsec. (b) by adding provisions re sealed bids within an envelope or secure electronic
environment and re electronic submissions and added Subsec. (i) re funds and revenues from O'Neill Center, effective
July 1, 2002; P.A. 05-287 added Subsec. (j) re extension of contracts with a value of fifty thousand dollars or more per
year for janitorial, building maintenance, security or food and beverage services, effective July 13, 2005.
Sec. 10a-154c. Increase of full-time faculty, plan. Not later than December 31,
2005, and biennially thereafter, the Board of Trustees of the Community-Technical
Colleges, the Board of Trustees of The University of Connecticut and the Board of
Trustees of the Connecticut State University System shall each develop a plan to increase
the number of full-time faculty teaching at the colleges and universities under the boards'
jurisdiction. Not later than December 31, 2005, and biennially thereafter, each board of
trustees shall report the plans in accordance with the provisions of section 11-4a to the
committee of the General Assembly having cognizance of matters relating to higher
education and employment advancement.
(P.A. 05-255, S. 3.)
History: P.A. 05-255 effective July 13, 2005.