CHAPTER 61
STATE INFORMATION AND TELECOMMUNICATION SYSTEMS
MANAGEMENT AND CONTRACTS

PART I
DEPARTMENT OF INFORMATION TECHNOLOGY

      Sec. 4d-1. (Formerly Sec. 16a-109). Definitions. As used in this chapter:
      (1) "Architecture" means the defined structure or orderly arrangement of information systems and telecommunication systems, based on accepted industry standards and guidelines, for the purpose of maximizing the interconnection and efficiency of such systems and the ability of users to share information resources.

      (2) "Information systems" means the combination of data processing hardware and software in the collection, processing and distribution of data to and from interactive computer-based systems to meet informational needs.

      (3) "State agency" means each department, board, council, commission, institution or other agency of the Executive Department of the state government, provided each board, council, commission, institution or other agency included by law within any given department shall be deemed a division of that department. The term "state agency" shall include (A) the offices of the Governor, Lieutenant Governor, Treasurer, Attorney General, Secretary of the State and Comptroller and (B) all operations of an Executive Department agency which are funded by either the General Fund or a special fund.

      (4) "Telecommunication systems" means telephone equipment and transmission facilities, either alone or in combination with information systems, for the electronic distribution of all forms of information, including voice, data and images.

      (5) "Chief Information Officer" means the department head for the Department of Information Technology.

      (P.A. 89-257, S. 1, 14; P.A. 91-387; June 18 Sp. Sess. P.A. 97-9, S. 1, 50.)

      History: P.A. 91-387 amended Subdiv. (3) to include in definition of "state agency" offices of certain state officials and all operations of an agency funded by either general fund or a special fund; June 18 Sp. Sess. P.A. 97-9 amended Subdiv. (3)(B) by inserting "executive department" and added Subdiv. (5) defining "Chief Information Officer", effective July 1, 1997; Sec. 16a-109 transferred to Sec. 4d-1 in 1999.

      Sec. 4d-2. (Formerly Sec. 16a-110). Department of Information Technology. Chief Information Officer. Duties and responsibilities. (a) There is established the Department of Information Technology. The Department of Information Technology shall be administered by a Chief Information Officer, who shall be an individual knowledgeable with respect to information and telecommunication systems. The Chief Information Officer shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, with the powers and duties prescribed in said sections.

      (b) The Department of Information Technology shall constitute a successor department to the Office of Information and Technology, in accordance with the provisions of sections 4-38d, 4-38e and 4-39.

      (c) The Chief Information Officer shall: (1) Develop and implement an integrated set of policies and architecture pertaining to information and telecommunication systems for state agencies; (2) develop a series of comprehensive standards and planning guidelines pertaining to the development, acquisition, implementation, and oversight and management of information and telecommunication systems for state agencies; (3) identify and implement (A) optimal information and telecommunication systems to efficiently service the needs of state agencies and (B) opportunities for reducing costs for such systems; (4) approve or disapprove, in accordance with guidelines established by the Chief Information Officer, each proposed state agency acquisition of hardware or software for an information or telecommunication system, except for (A) hardware or software having a cost of less than twenty thousand dollars or (B) hardware or software having a cost of twenty thousand dollars or more, but less than one hundred thousand dollars, which is for a project that complies with the agency's business systems plan as approved by the Chief Information Officer; (5) approve or disapprove, in accordance with guidelines established by the Chief Information Officer, all state agency requests or proposed contracts for consultants for information and telecommunication systems; (6) be responsible for purchasing, leasing and contracting for all information system and telecommunication system facilities, equipment and services for state agencies, in accordance with the provisions of subsection (a) of section 4d-8, except for the offices of the Governor, Lieutenant Governor, Treasurer, Attorney General, Secretary of the State and Comptroller; (7) review existing and new information and telecommunication system technologies to ensure consistency with the strategic plan established under section 4d-7 and approved state agency architecture and make recommendations to the Standardization Committee established under section 4a-58 for review and appropriate action; (8) cooperate with the General Assembly, the Judicial Department and the constituent units of the state system of higher education in assessing opportunities for cost savings and greater sharing of information resources which could result if such entities acquire information and telecommunication systems similar to those of state agencies; and (9) ensure state-wide implementation of the 9-1-1 and E 9-1-1 systems.

      (d) The Department of Information Technology shall approve or disapprove a state agency request or proposed contract under subdivision (4) or (5) of subsection (c) of this section no later than seven business days after receipt of the request or proposed contract and any necessary supporting information. If the Department of Information Technology does not approve or disapprove the request or proposed contract by the end of such seven-day period, the request or proposed contract shall be deemed to have been approved. The provisions of said subdivision (5) shall not apply to telecommunication consultants retained by the Department of Public Utility Control or the Office of Consumer Counsel in connection with telecommunication proceedings of said department.

      (P.A. 86-292, S. 1, 5; P.A. 89-257, S. 2, 14; P.A. 95-38, S. 4; 95-285, S. 7, 9; P.A. 96-156, S. 3; June 18 Sp. Sess. P.A. 97-9, S. 2, 50.)

      History: P.A. 89-257 amended Subsec. (a) by requiring office of information and technology to report directly to secretary of office of policy and management, changing "director" to "executive director", requiring him to be knowledgeable with respect to "information and telecommunication systems" instead of "telecommunications" and adding sentence re notice of his appointment, and repealed former Subsecs. (b), (c) and (d) and replaced them with new Subsec. (b) re duties and responsibilities of executive director; (Revisor's note: In 1995 a reference to "division of consumer counsel" was replaced editorially by the Revisors with "Office of Consumer Counsel" to conform section with Sec. 16-2a, as amended by P.A. 88-22); P.A. 95-38 required notification of General Assembly rather than legislative committee on information and telecommunication systems in Subsec. (a); P.A. 95-285 substituted "4a-58" for "4a-56" in Subsec. (b), effective July 1, 1995; P.A. 96-156 amended Subsec. (b) to provide in the alternative that Office of Information and Technology rather than its executive director alone shall carry out responsibilities under Subdivs. (4) and (5), added Subparas. (A) and (B) under Subdiv. (4) of Subsec. (b) to qualify previous twenty-thousand-dollar limitation on amounts agencies could spend without approval of the office, designated latter part of Subsec. (b) as Subsec. (c), adding provision imposing three-day limit on time to approve or disapprove state agency requests or proposed contracts and made technical changes; June 18 Sp. Sess. P.A. 97-9 amended section by substituting "Department of Information Technology" for "Connecticut State Office of Information and Technology" and substituting "Chief Information Officer" for "executive director", amended Subsec. (a) re appointment of Chief Information Officer, added new Subsec. (b) making Department of Information Technology a successor to Office of Information and Technology, relettered former Subsecs. (b) and (c) as (c) and (d), amended Subsec. (c) by inserting new Subdiv. (6) re responsibility for purchasing, leasing and contracting, renumbering remaining Subdivs. accordingly, substituting "constituent units of the state system of higher education" for "Labor Department" in Subdiv. (8) and adding Subdiv. (9) re 9-1-1 and E 9-1-1 systems, and amended Subsec. (d) by substituting "seven-day" for "three-day" and repealing an exemption for the Employment Security Division of the Labor Department, effective July 1, 1997; Sec. 16a-110 transferred to Sec. 4d-2 in 1999.

      Sec. 4d-3. (Formerly Sec. 16a-120). Regulations. The Chief Information Officer may adopt regulations to carry out the purposes of sections 4d-1 to 4d-5, inclusive, section 4d-7 and sections 4d-11 to 4d-14, inclusive.

      (P.A. 89-257, S. 10, 14; June 18 Sp. Sess. P.A. 97-9, S. 13, 50; P.A. 99-71, S. 3.)

      History: June 18 Sp. Sess. P.A. 97-9 substituted "Chief Information Officer" for "executive director of the Office of Information and Technology", effective July 1, 1997; Sec. 16a-120 transferred to Sec. 4d-3 in 1999; P.A. 99-71 changed reference to "4d-15" to "4d-14".

      Sec. 4d-4. (Formerly Sec. 16a-117). Information and telecommunication systems. Transfer and responsibility for. On July 1, 1997, the information systems and telecommunication systems functions of the Department of Administrative Services shall be transferred to the Department of Information Technology and, on and after said date, the Chief Information Officer shall be responsible for such functions.

      (P.A. 89-257, S. 7, 14; June 18 Sp. Sess. P.A. 97-9, S. 9, 50.)

      History: June 18 Sp. Sess. P.A. 97-9 substantially revised section to provide for transfer of Department of Administrative Services information and telecommunication functions to Department of Information Technology, effective July 1, 1997; Sec. 16a-117 transferred to Sec. 4d-4 in 1999.

      Sec. 4d-5. (Formerly Sec. 16a-118). Telecommunication facilities, equipment and services. Responsibility for. (a) The Chief Information Officer shall be responsible for purchasing, leasing and contracting for all telecommunication facilities, equipment and services for the state-wide telecommunication infrastructure for the support of state agencies; implementing, or assisting state agencies in implementing, such facilities; processing bills for telecommunication services used by state agencies including telecommunication services provided at the request of state agencies to (1) private nonprofit or not-for-profit agencies whose telecommunication services are funded primarily by the state, and (2) political subdivisions of the state; and managing the operation of such infrastructure.

      (b) The Chief Information Officer shall be responsible for planning for such telecommunication infrastructure and assisting state agencies in (1) planning for the acquisition of telecommunication systems and (2) implementing such systems.

      (1949 Rev., S. 192; 1963, P.A. 66, S. 1; 1969, P.A. 749, S. 8; P.A. 77-614, S. 592, 610; P.A. 78-303, S. 1, 136; P.A. 89-257, S. 8, 14; P.A. 93-42, S. 3, 4; P.A. 95-273; June 18 Sp. Sess. P.A. 97-9, S. 10, 50.)

      History: 1963 act required comptroller to provide telephone and telegraph service for state agencies; 1969 act removed from comptroller the responsibility for supplying office furniture etc. for the general assembly; P.A. 77-614 and P.A. 78-303 removed responsibility for supplying and accounting for office furniture etc. for state offices, effective January 1, 1979; P.A. 89-257 designated former provisions as Subsec. (a), limiting comptroller's responsibilities to "On and before September 30, 1989" and substituting "telecommunication" for "telephone and telegraph", and added Subsec. (b) re telecommunication responsibilities of commissioner of administrative services and executive director of office of information and technology and added Subsec. (c) re continuity of telecommunication services for state agencies; Sec. 3-116 transferred to Sec. 16a-118 in 1991; P.A. 93-42 replaced "the acquisition of" with "purchasing, leasing and contracting for all" and added "equipment and services" in Subdiv. (1) of Subsec. (b), effective May 5, 1993; P.A. 95-273 amended Subsec. (b) by adding provision re telecommunication services provided at the request of state agencies; June 18 Sp. Sess. P.A. 97-9 repealed former Subsec. (a) re Comptroller's telecommunications duties, divided Subsec. (a) into Subsecs. (a) and (b), amended Subsec. (a) by transferring duties from Commissioner of Administrative Services and executive director of Office of Information and Technology to Chief Information Officer, and repealed former Subsec. (c) re continuity of telecommunication services in 1989-90, effective July 1, 1997; Sec. 16a-118 transferred to Sec. 4d-5 in 1999.

      See Sec. 14-42a re provision of Department of Motor Vehicles information to organ and tissue procurement organizations.

      See Sec. 18-81x re transfer of revenue derived from contract for inmate pay telephone service.

      See Sec. 27-62 re telephone and telegraph services for military units.

      Sec. 4d-6. Implementation plan. Section 4d-6 is repealed, effective October 1, 2002.

      (June 18 Sp. Sess. P.A. 97-9, S. 4, 50; S.A. 02-12, S. 1.)

      Sec. 4d-7. (Formerly Sec. 16a-113). Information and telecommunication systems strategic plan. (a) The Chief Information Officer shall develop, publish and annually update an information and telecommunication systems strategic plan which shall have the following goals: (1) To provide a level of voice and data communications service among all state agencies that will ensure the effective and efficient completion of their respective functions; (2) to establish a direction for the collection, storage, management and use of information by state agencies in an efficient manner; (3) to develop a comprehensive information policy for state agencies that clearly articulates (A) the state's commitment to the sharing of its information resources, (B) the relationship of such resources to library and other information resources in the state and (C) a philosophy of equal access to information; (4) to provide all necessary telecommunication services between state agencies and the public; (5) to provide, in the event of an emergency, immediate voice and data communications capabilities which are necessary to support state agency functions; and (6) to provide necessary access to higher technology for state agencies.

      (b) In order to facilitate the development of a fully integrated state-wide information services and telecommunication system which effectively and efficiently supports data processing and telecommunication requirements of all state agencies, the strategic plan shall include: (1) Establishment of guidelines and standards for the architecture for information and telecommunication systems which support state agencies; (2) plans for a cost-effective state-wide telecommunication network to support state agencies, which network may consist of different types of transmission media, including wire, fiber and radio, and shall be able to support voice, data, video and facsimile transmission requirements and any other form of information exchange which takes place via electromagnetic media; (3) a level of information systems and telecommunication planning for all state agencies and operations throughout the state that will ensure the effective and efficient utilization and access to the state's information and telecommunication resources, including but not limited to, (A) an inventory of existing on-line public access arrangements for state agency data bases which contain information subject to disclosure under the Freedom of Information Act, as defined in section 1-200, (B) a list of data bases for which such access could be provided, including data bases containing consumer, business and health and human services program information, (C) provisions addressing the feasibility and cost of providing such access, (D) provisions for a public-private partnership in providing such on-line access, and (E) provisions to enable citizens to communicate with state agencies by electronic mail; (4) identification of annual expenditures and major capital commitments for information and telecommunication systems; and (5) a direction and policy planning pertaining to the infusion of new technology for such systems for state agencies. In carrying out the provisions of subparagraphs (A) to (E), inclusive, of subdivision (3) of this subsection, the Chief Information Officer shall consult with representatives of business associations, consumer organizations and nonprofit human services providers.

      (c) Each state agency shall submit to the Chief Information Officer all plans, documents and other information requested by the Chief Information Officer for the development of such plan.

      (d) The Chief Information Officer shall not implement a state agency proposal for information system hardware, software, maintenance service or consulting unless such proposal complies with the strategic plan and the agency's approved business systems plan. The Chief Information Officer shall maintain a current inventory of information system components to facilitate asset management and procurement leverage.

      (P.A. 89-257, S. 3, 14; June Sp. Sess. P.A. 91-12, S. 7, 55; P.A. 94-131, S. 1, 4; P.A. 97-47, S. 43; June 18 Sp. Sess. P.A. 97-9, S. 5, 50.)

      History: June Sp. Sess. P.A. 91-12 added a new Subsec. (d) requiring the executive director to keep a current inventory of the state agency information system components and requiring information systems to comply with the office's strategic plan; P.A. 94-131 added Subparas. (A) to (E), inclusive, in Subdiv. (3) of Subsec. (b), re on-line access to data bases, effective May 25, 1994; P.A. 97-47 amended Subsec. (b) by inserting reference to Sec. 1-18a; June 18 Sp. Sess. P.A. 97-9 substituted "Chief Information Officer" for "executive director of the Office of Information and Technology", amended Subsec. (a) by repealing former Subdiv. (6) re 911 and E-911 systems and renumbered former Subdiv. (7) to Subdiv. (6), and amended Subsec. (d) by substituting "implement" for "approve", effective July 1, 1997; Sec. 16a-113 transferred to Sec. 4d-7 in 1999.

      Sec. 4d-8. Information and telecommunication systems. Purchase, lease, contracts for, sale and disposal. (a) The provisions of title 4a shall apply to the purchasing, leasing and contracting for information system and telecommunication system facilities, equipment and services by the Chief Information Officer, except that (1) the Chief Information Officer shall have the powers and duties that are assigned by said title 4a to the Commissioner of Administrative Services and (2) the Chief Information Officer may use competitive negotiation, as defined in section 4a-50, to purchase or contract for such facilities, equipment and services after making a written determination, including the reasons therefor, that such action is in the best interest of the state. The Chief Information Officer shall adopt regulations, in accordance with the provisions of chapter 54, establishing objective standards for determining when such competitive negotiation may be used instead of competitive bidding, including whether the character of the facilities, equipment or services is more important than their relative cost.

      (b) (1) As used in this subsection, "information technology personal property" includes, but is not limited to, electronic data processing equipment, other equipment necessary for the utilization of information systems, telecommunication equipment or installations, and other equipment necessary for the utilization of telecommunication systems.

      (2) Notwithstanding any provision of the general statutes to the contrary, the Chief Information Officer may sell, lease or otherwise dispose of information technology personal property. The Chief Information Officer may execute personal service agreements or other contracts with outside vendors for such purposes. If any such information technology personal property was purchased or improved with the proceeds of tax-exempt obligations issued or to be issued by the state, the Chief Information Officer shall notify the State Treasurer and obtain the approval of the State Treasurer, before selling, leasing or disposing of the personal property or executing such an agreement or contract for such purpose. The State Treasurer may disapprove such sale, lease, disposition, agreement or contract only if it would affect the tax-exempt status of such obligations and could not be modified to maintain such tax-exempt status.

      (June 18 Sp. Sess. P.A. 97-9, S. 3, 50.)

      History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.

      Sec. 4d-9. (Formerly Sec. 4a-7). Technical Services Revolving Fund. There shall be a Technical Services Revolving Fund in the Department of Information Technology for the purchase, installation and utilization of information systems, as defined in section 4d-1, for budgeted agencies of the state. The working capital balance allocated to said Technical Services Revolving Fund shall be one million one hundred thousand dollars. The Chief Information Officer and the Secretary of the Office of Policy and Management shall jointly be responsible for the administration of such fund. Said officer and secretary shall develop appropriate review procedures and accountability standards for such fund and measures for determining the performance of the fund in carrying out the purposes of this part.

      (February, 1965, P.A. 355, S. 1; P.A. 73-677, S. 6; P.A. 75-519, S. 4, 12; P.A. 76-208, S. 2, 4; P.A. 77-614, S. 77, 610; P.A. 83-175, S. 1, 2; P.A. 86-357, S. 1; P.A. 88-297, S. 7; P.A. 89-257, S. 12, 14; P.A. 92-135, S. 2; P.A. 93-30, S. 1, 14; June 18 Sp. Sess. P.A. 97-9, S. 16, 50.)

      History: P.A. 73-677 transferred duties of comptroller under section to the commissioner of personnel and administration and removed funds for data processing system from comptroller's service fund to revolving fund in department of personnel and administration; P.A. 75-519 substituted commissioner of finance and control for commissioner of personnel and administration; P.A. 76-208 established capital balance of data processing revolving fund at one million one hundred thousand dollars; P.A. 77-614 substituted commissioner of administrative services for commissioner of finance and control; P.A. 83-175 amended section to require development of five-year long-range data processing plan; Sec. 3-116a transferred to Sec. 4-23n in 1985; P.A. 86-357 added provision allowing commissioner to acquire or purchase data processing equipment, programs or services through use of bid proposals, requests for proposals or negotiation; P.A. 88-297 deleted provision re authority of commissioner to purchase or acquire data processing equipment, programs or services costing twenty thousand dollars or less; Sec. 4-23n transferred to Sec. 4a-7 in 1989; P.A. 89-257 repealed provisions requiring commissioner to assume operating control and direction of data processing in budgeted agencies and added reference to information systems; P.A. 92-135 added provisions re joint administration of fund by administrative services commissioner and secretary of policy and management office; P.A. 93-30 renamed "data processing fund" as "technical services revolving fund", effective July 1, 1993; June 18 Sp. Sess. P.A. 97-9 repealed authority of Commissioner of Administrative Services to delegate data processing acquisition authority and transferred fund from Department of Administrative Services to Department of Information Technology, effective July 1, 1997; Sec. 4a-7 transferred to Sec. 4d-9 in 1999; (Revisor's note: In 1999 a reference to chapter 298b, which included former sections 16a-109 to 16a-120, inclusive, was changed editorially by the Revisors to "part I of chapter 61" to reflect the transfer to said part of all sections in said chapter 298b and in 2003 the reference to "part I of chapter 61" was changed editorially by the Revisors to "this part").

      Sec. 4d-10. (Formerly Sec. 4a-8). Capital Equipment Data Processing Revolving Fund. (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.

      (b) The State Bond Commission shall have power from time to time to authorize the issuance of bonds of the state in one or more series in accordance with section 3-20 and in a principal amount necessary to carry out the purposes of this section, but not in excess of an aggregate amount of ten million five hundred thousand dollars. All of said bonds shall be payable at such place or places as may be determined by the Treasurer pursuant to section 3-19 and shall bear such date or dates, mature at such time or times, not exceeding five years from their respective dates, bear interest at such rate or different or varying rates and payable at such time or times, be in such denominations, be in such form with or without interest coupons attached, carry such registration and transfer privileges, be payable in such medium of payment and be subject to such terms of redemption with or without premium as, irrespective of the provisions of said section 3-20, may be provided by the authorization of the State Bond Commission or fixed in accordance therewith. The proceeds of the sale of such bonds shall be deposited in the Capital Equipment Data Processing Revolving Fund created by this section. Such bonds shall be general obligations of the state and full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on such bonds as the same become due. Accordingly, and as part of the contract of the state with the holders of such bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made and the Treasurer shall pay such principal and interest as the same become due. Net earnings on investments or reinvestments of proceeds, accrued interest and premiums on the issuance of such bonds, after payment therefrom of expenses incurred by the Treasurer or State Bond Commission in connection with their issuance, shall be deposited in the General Fund of the state.

      (June Sp. Sess. S.A. 83-17, S. 31, 213; S.A. 84-54, S. 168, 172; P.A. 85-558, S. 1, 17; P.A. 87-405, S. 23, 26; P.A. 89-331, S. 1, 30; June 18 Sp. Sess. P.A. 97-9, S. 17, 50; P.A. 00-66, S. 15.)

      History: S.A. 84-54 deleted provision requiring any premium and interest on sale of bonds to be deposited in revolving fund; P.A. 85-558 increased bond authorization limit from two million to four million dollars, deleted provision requiring any premium and interest on sale of bonds to be deposited in revolving fund, and provided that net earnings on investments of proceeds, accrued interest and premiums on issuance of bonds be deposited in general fund, rather than revolving fund; P.A. 87-405 increased the bond authorization from four million dollars to eight million dollars; Sec. 4-23p transferred to Sec. 4a-8 in 1989; P.A. 89-331 increased the bond authorization from eight million dollars to ten million five hundred thousand dollars; June 18 Sp. Sess. P.A. 97-9 transferred administration of fund from Commissioner of Administrative Services to Chief Information Officer, effective July 1, 1997; Sec. 4a-8 transferred to Sec. 4d-10 in 1999; P.A. 00-66 made a technical change in Subsec. (a).

      Sec. 4d-11. (Formerly Sec. 16a-114). State agency appropriations and expenditures for information and telecommunication systems. The Chief Information Officer shall establish a procedure for the preparation by state agencies of plans and estimates of expenditure requirements for information and telecommunication systems, for consideration for inclusion in the Governor's budget document. On February 1, 1998, and annually thereafter, the Chief Information Officer shall submit to the Secretary of the Office of Policy and Management a report which sets forth the appropriation to each state agency, for the fiscal year in progress, for information and telecommunication systems and the actual expenditures for such systems by each such agency as of December thirty-first of such fiscal year. On August 1, 1997, and annually thereafter, the Chief Information Officer shall submit to the secretary such report with respect to the last completed fiscal year.

      (P.A. 89-257, S. 4, 14; June 18 Sp. Sess. P.A. 97-9, S. 6, 50.)

      History: June 18 Sp. Sess. P.A. 97-9 required Chief Information Officer, instead of Secretary of the Office of Policy and Management, to establish procedure for agency preparation of plans and estimates of expenditure requirements, repealed provisions re schedule for agency preparation of such plans and estimates, required Chief Information Officer, instead of executive director of Office of Information and Technology, to submit reports to Secretary of the Office of Policy and Management, and updated reporting provisions, effective July 1, 1997; Sec. 16a-114 transferred to Sec. 4d-11 in 1999.

      Sec. 4d-12. (Formerly Sec. 16a-115). Advisory committees authorized. Information and telecommunication systems executive steering committee established. (a) The Chief Information Officer may establish such committees as he deems necessary to advise said office in carrying out the purposes of sections 4d-1 to 4d-5, inclusive, section 4d-7 and sections 4d-11 to 4d-14, inclusive.

      (b) There is established an information and telecommunication systems executive steering committee consisting of the Chief Information Officer, the Secretary of the Office of Policy and Management, the Comptroller, the Treasurer, the Commissioner of Administrative Services and the chairperson of the board of trustees of each constituent unit of the state system of higher education, or their designees. The Chief Information Officer, or his designee, shall serve as chairman of the committee. The Department of Information Technology shall serve as staff to the committee. The committee shall (1) review and approve or disapprove the annual information and telecommunication systems strategic plan developed under section 4d-7, state agency estimates of expenditure requirements for information and telecommunication systems established under section 4d-11, and major telecommunication initiatives, (2) review, in consultation with the Department of Information Technology, and approve or disapprove variances to (A) the list of approved architectural components for information and telecommunication systems for state agencies, (B) the strategic plan and (C) appropriations for information and telecommunication systems and (3) advise the Department of Information Technology on the organization and functions of the department. The committee shall submit a report on each approved variance to the General Assembly. Such report shall include the reasons for the variance and the results of a cost-benefit analysis on the variance.

      (P.A. 89-257, S. 5, 14; P.A. 95-38, S. 5; June 18 Sp. Sess. P.A. 97-9, S. 7, 50; P.A. 99-71, S. 4.)

      History: P.A. 95-38 required submission of report to General Assembly rather than legislative committee on information and telecommunication systems in Subsec. (b); June 18 Sp. Sess. P.A. 97-9 substituted "Chief Information Officer" for "executive director of the Office of Information and Technology" and "Department of Information Technology" for "Office of Information and Technology" and amended Subsection (b) by adding Chief Information Officer and chairperson of board of trustees of each constituent unit of state system of higher education to steering committee and making Chief Information Officer, instead of Secretary of the Office of Policy and Management, the steering committee chairman, effective July 1, 1997; Sec. 16a-115 transferred to Sec. 4d-12 in 1999; P.A. 99-71 changed reference to "4d-15" to "4d-14" in Subsec. (a).

      Sec. 4d-13. (Formerly Sec. 16a-116). Technology Advisory Committee established. There is established a Technology Advisory Committee consisting of: (1) Four persons from the private sector having training or experience in information or telecommunication systems and technologies, one of whom shall be appointed by the speaker of the House of Representatives, one by the minority leader of the House of Representatives, one by the president pro tempore of the Senate and one by the minority leader of the Senate; and (2) four state employees with training or experience in such systems or technologies, who shall be appointed by the Governor. The Technology Advisory Committee shall review reports submitted by the Information and Telecommunication Systems Executive Steering Committee or the Chief Information Officer to the General Assembly and shall provide technical expertise and advice to the General Assembly. The Technology Advisory Committee shall meet at least every six months.

      (P.A. 89-257, S. 6, 14; P.A. 95-38, S. 6; June 18 Sp. Sess. P.A. 97-9, S. 8, 50.)

      History: P.A. 95-38 repealed former Subsec. (a), which had established legislative committee on information and telecommunication, deleted Subsec. lettering and substituted "General Assembly" for references to committee in remaining provisions; June 18 Sp. Sess. P.A. 97-9 substituted "Chief Information Officer" for "executive director of the Office of Information and Technology", effective July 1, 1997; Sec. 16a-116 transferred to Sec. 4d-13 in 1999.

      Sec. 4d-14. (Formerly Sec. 16a-119). Reports. (a) Not later than October first, annually, the Secretary of the Office of Policy and Management shall submit to the Governor and the General Assembly (1) the updated strategic plan established under section 4d-7, and (2) a report on the activities of the Department of Information Technology and cost savings and improvements in the efficiency of information and telecommunication systems of state agencies, which are attributable to the efforts of said department.

      (b) Not later than October first, annually, the Chief Information Officer shall submit a report to the Secretary of the Office of Policy and Management, the Governor and the General Assembly (1) specifying potential opportunities for increasing the efficiency or reducing the costs of the state's information and telecommunication systems and (2) including a plan to realize such opportunities.

      (P.A. 89-257, S. 9, 14; P.A. 95-38, S. 7; 95-285, S. 8, 9; June 18 Sp. Sess. P.A. 97-9, S. 11, 50.)

      History: P.A. 95-38 repealed former Subsec. (a), re interim report by Secretary of Office of Policy and Management, relettered remaining Subsecs. accordingly, made technical changes and substituted "General Assembly" for "legislative committee on information and telecommunication systems"; P.A. 95-285 substituted "4a-58" for "4a-56" in Subsec. (b), effective July 1, 1995; June 18 Sp. Sess. P.A. 97-9 repealed former Subsec. (a) re variances, relettered former Subsecs. (b) and (c) as (a) and (b), substituted "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 amended Subsec. (b) to also provide for report to be submitted to the Governor, effective July 1, 1997; Sec. 16a-119 transferred to Sec. 4d-14 in 1999.

      Sec. 4d-15. (Formerly Sec. 16a-119a). Reports on implementation of systems requirements re computer-stored public records. Section 4d-15 is repealed, effective October 1, 1999.

      (P.A. 91-347, S. 4, 5; June 18 Sp. Sess. P.A. 97-9, S. 12, 50; P.A. 99-71, S. 5.)

      Secs. 4d-16 and 4d-16a. Century date change effect. Management of century date change effect by municipalities; municipal authority to contract for services; cooperative purchasing plans. Sections 4d-16 and 4d-16a are repealed, effective October 1, 2002.

      (June 18 Sp. Sess. P.A. 97-9, S. 24, 50; P.A. 99-66, S. 1, 4, 5; P.A. 02-89, S. 90; S.A. 02-12, S. 1.)

      Sec. 4d-17. Professional development of information technology employees. The Chief Information Officer shall, within available appropriations, provide for the professional development of the state's information technology employees.

      (June 18 Sp. Sess. P.A. 97-9, S. 29, 50.)

      History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.

      Secs. 4d-18 to 4d-29. Reserved for future use.

PART II
CONTRACTS

      Sec. 4d-30. Definitions. As used in this section and sections 4d-31 to 4d-44, inclusive:
      (1) "Contract" means a contract for state agency information system or telecommunication system facilities, equipment or services, which is awarded pursuant to this chapter or subsection (e) of section 1-205, subsection (c) of section 1-211, subsection (b) of section 1-212, section 4-5, subsection (a) of section 10a-151b, subsection (a) of section 19a-110 or subsection (b) of section 32-6i.

      (2) "Contractor" means a business entity or individual who is awarded a contract or an amendment to a contract.

      (3) "Subcontractor" means a subcontractor of a contractor for work under a contract or an amendment to a contract.

      (June 18 Sp. Sess. P.A. 97-9, S. 30, 50; P.A. 00-187, S. 47, 75.)

      History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997; P.A. 00-187 made a technical change in Subdiv. (1), effective July 1, 2000.

      Sec. 4d-31. Contracts, subcontracts, amendments to include State Comptroller's specifications. Each contract, subcontract or amendment to a contract or subcontract shall include any specifications established by the State Comptroller to ensure that all policies, procedures, processes and control systems, including hardware, software and protocols, which are established or provided by the contractor or subcontractor, shall be compatible with and support the state's core financial systems, including but not limited to, accounting, payroll, time and attendance, and retirement systems.

      (June 18 Sp. Sess. P.A. 97-9, S. 31, 50.)

      History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.

      Sec. 4d-32. Subcontract awards. (a) No contractor shall award a subcontract for work under a contract or for work under an amendment to a contract without the approval of the Chief Information Officer or his designee of (1) the selection of the subcontractor and (2) the provisions of the subcontract.

      (b) Each such contractor shall file a copy of each executed subcontract or amendment to the subcontract with the Chief Information Officer, who shall maintain the subcontract or amendment as a public record, as defined in section 1-200.

      (June 18 Sp. Sess. P.A. 97-9, S. 32, 50.)

      History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.

      Sec. 4d-33. "Public record" defined. For purposes of this section and sections 4d-34 to 4d-39, inclusive, "public record" means a public record, as defined in section 1-200, and also includes any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a contractor or subcontractor for work under a contract, subcontract or amendment to a contract or subcontract, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

      (June 18 Sp. Sess. P.A. 97-9, S. 33, 50.)

      History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.

      Sec. 4d-34. Ownership rights and integrity of public records under a contract, subcontract or amendment. (a) No contractor or subcontractor, or employee or agent of a contractor or subcontractor, shall have any ownership rights or interest in (1) any public records which the contractor, subcontractor, employee or agent possesses, modifies or creates pursuant to a contract, subcontract or amendment to a contract or subcontract, or (2) any modifications by such contractor, subcontractor, employee or agent to such public records.

      (b) No contractor or subcontractor, or employee or agent of a contractor or subcontractor, shall impair the integrity of any public records which the contractor, subcontractor, employee or agent possesses or creates.

      (c) Public records which a contractor, subcontractor, or employee or agent of a contractor or subcontractor, possesses, modifies or creates pursuant to a contract, subcontract or amendment to a contract or subcontract shall at all times and for all purposes remain the property of the state.

      (June 18 Sp. Sess. P.A. 97-9, S. 34, 50.)

      History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.

      Sec. 4d-35. Application of Freedom of Information Act to public records provided to contractor or subcontractor. (a) Any public record which a state agency provides to a contractor or subcontractor shall remain a public record for the purposes of subsection (a) of section 1-210.

      (b) With regard to any public record, the state agency and the contractor or subcontractor shall have a joint and several obligation to comply with the obligations of the state agency under the Freedom of Information Act, as defined in section 1-200, provided the determination of whether or not to disclose a particular record or type of record shall be made by such state agency.

      (June 18 Sp. Sess. P.A. 97-9, S. 35, 50.)

      History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.

      Sec. 4d-36. Nondisclosure of public records by contractor or subcontractor. No contractor or subcontractor, or employee or agent of a contractor or subcontractor, shall disclose to the public any public records (1) which it possesses, modifies or creates pursuant to a contract, subcontract or amendment to a contract or subcontract and (2) which the state agency (A) is prohibited from disclosing pursuant to state or federal law in all cases, (B) may disclose pursuant to state or federal law only to certain entities or individuals or under certain conditions or (C) may withhold from disclosure pursuant to state or federal law. No provision of this section shall be construed to prohibit any such contractor from disclosing such public records to any of its subcontractors to carry out the purposes of its subcontract.

      (June 18 Sp. Sess. P.A. 97-9, S. 36, 50.)

      History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997 (Revisor's note: The phrase "No provision of this subsection shall be" was changed editorially by the Revisors to "No provision of this section shall be" since this section is a section rather than a subsection).

      Sec. 4d-37. Prohibition on selling, marketing or otherwise profiting from public records. No contractor or subcontractor, or employee or agent of a contractor or subcontractor, shall sell, market or otherwise profit from the disclosure or use of any public records which are in its possession pursuant to a contract, subcontract or amendment to a contract or subcontract, except as authorized in the contract, subcontract or amendment.

      (June 18 Sp. Sess. P.A. 97-9, S. 37, 50.)

      History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.

      Sec. 4d-38. Notice to Chief Information Officer of violations. Any contractor or subcontractor, or employee or agent of a contractor or subcontractor, which learns of any violation of the provisions of section 4d-36 or 4d-37 shall, no later than seven calendar days after learning of such violation, notify the Chief Information Officer of such violation.

      (June 18 Sp. Sess. P.A. 97-9, S. 38, 50.)

      History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.

      Sec. 4d-39. Remedies and penalties for violations. (a) If any person violates any provision of section 4d-36, 4d-37 or 4d-38, the Attorney General may bring an action against such person in the superior court for the judicial district of Hartford seeking (1) damages on behalf of the state for such violation, (2) restitution for damages suffered by any person as a result of the violation or (3) imposition and recovery of a civil penalty of not more than fifty thousand dollars for the violation.

      (b) In addition to the remedies under subsection (a) of this section, any person aggrieved by a violation of any provision of section 4d-36, 4d-37 or 4d-38 may bring an action in Superior Court to recover any damages suffered as a result of such violation.

      (c) In any action brought under subsection (a) or (b) of this section, the court may (1) order disgorgement of any profits or other benefits derived as a result of a violation of any provision of section 4d-36, 4d-37 or 4d-38, (2) award punitive damages, costs or reasonable attorneys fees, or (3) order injunctive or other equitable relief. Proof of public interest or public injury shall not be required in any action brought under subsection (a) or (b) of this section. No action may be brought under subsection (a) or (b) of this section more than three years after the occurrence of such violation.

      (d) Any person who knowingly and wilfully violates any provision of section 4d-36, 4d-37 or 4d-38 shall, for each such violation, be fined not more than five thousand dollars or imprisoned not less than one year nor more than five years, or be both fined and imprisoned.

      (P.A. 88-230, S. 11, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 7, 8; P.A. 95-220, S. 4-6; June 18 Sp. Sess. P.A. 97-9, S. 39, 50.)

      History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997 (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in public and special acts of the 1997 regular and special sessions of the General Assembly, effective September 1, 1998).

      Sec. 4d-40. General Assembly access to state agency records under contracts, subcontracts and amendments thereto. Each contract, subcontract or amendment to a contract or subcontract shall include provisions ensuring that the Joint Committee on Legislative Management and each nonpartisan office of the General Assembly shall continue to have access to state agency records that is not less than the access that said committee and such offices have on July 1, 1997.

      (June 18 Sp. Sess. P.A. 97-9, S. 40, 50.)

      History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.

      Sec. 4d-41. Interagency agreement between Joint Committee on Legislative Management and Chief Information Officer. The Joint Committee on Legislative Management and the Chief Information Officer may, by interagency agreement, provide for the General Assembly (1) to receive information system and telecommunication system facilities, equipment and services pursuant to contracts, subcontracts or amendments to contracts or subcontracts and (2) to interconnect with state agency information systems and telecommunication systems.

      (June 18 Sp. Sess. P.A. 97-9, S. 41, 50.)

      History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.

      Sec. 4d-42. Interagency agreement between Chief Court Administrator and Chief Information Officer. The Chief Court Administrator and the Chief Information Officer may, by interagency agreement, provide for the Judicial Department (1) to receive information system and telecommunication system facilities, equipment and services pursuant to contracts, subcontracts or amendments to contracts or subcontracts and (2) to interconnect with state agency information systems and telecommunication systems.

      (June 18 Sp. Ses. P.A. 97-9, S. 42, 50.)

      History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.

      Sec. 4d-43. Interagency agreements between constitutional officers and Chief Information Officer. The Office of the Governor, Lieutenant Governor, Treasurer, Attorney General, Secretary of the State or Comptroller and the Chief Information Officer may, by interagency agreement, provide for such office (1) to receive information system and telecommunication system facilities, equipment and services pursuant to contracts, subcontracts or amendments to contracts or subcontracts and (2) to interconnect with other state agency information systems and telecommunication systems.

      (June 18 Sp. Sess. P.A. 97-9, S. 43, 50.)

      History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.

      Sec. 4d-44. Continuity of systems in event of expiration or termination of contract, amendment or subcontract or default of contractor or subcontractor. Each contract, subcontract or amendment to a contract or 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, 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, 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, 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.

      (June 18 Sp. Sess. P.A. 97-9, S. 44, 50; P.A. 00-66, S. 16.)

      History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997; P.A. 00-66 revised references to amendments to subcontracts.

      Sec. 4d-45. Review of contracts and amendments entered into pursuant to Department of Administrative Services requests for proposals. (a) No contracts or amendments to contracts for information system or telecommunication system facilities, equipment or services, which are entered into by any state agency (1) pursuant to the request for proposal issued by the Department of Administrative Services dated February 21, 1997, or (2) in the event such request for proposal is withdrawn, suspended or superseded, pursuant to any similar request for proposal issued by the Department of Administrative Services or the Department of Information Technology, shall be effective except as provided in this section and sections 4d-46 and 4d-47.

      (b) Upon the execution of any such contract or amendment, and upon the execution of any subsequent contract or amendment, the state agency shall promptly file the contract or amendment with the State Auditors.

      (c) Not later than seventy-five days after any such contract or amendment is filed with the State Auditors, such auditors (1) shall conduct an independent evaluation of the contract or amendment to determine whether the provisions of the contract or amendment serve the best interests of the state, including, but not limited to, (A) efficiency, (B) economy, (C) contractor qualifications, including, but not limited to, capacity for performance and accountability, and (D) effective delivery of services, and (2) shall submit a report on their findings and conclusions, and the contract or amendment, to the General Assembly, through the clerks of the House of Representatives and the Senate. The State Auditors may, at any time before or after receipt of any such contract or amendment, execute contracts with independent consultants for assistance in conducting such evaluation and preparing such report.

      (d) Upon receipt of a report and a contract or amendment from the State Auditors under subsection (c) of this section, the speaker of the House of Representatives and the president pro tempore of the Senate shall refer the report and contract or amendment to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and government administration, for their review. Such contract or amendment shall take effect forty-five days after the State Auditors submit the report and contract or amendment to the General Assembly unless the General Assembly rejects such contract or amendment as a whole by a three-fifths vote of either house.

      (S.A. 97-21, S. 83, 106; P.A. 97-322, S. 2, 9; June 18 Sp. Sess. P.A. 97-9, S. 45, 50.)

      History: S.A. 97-21, P.A. 97-322 and June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.

      Sec. 4d-46. Disqualification of potential contractors and subcontractors which participate in Department of Administrative Services requests for proposals process. (a) No business entity or individual shall be awarded a contract or amendment to a contract which is subject to the provisions of section 4d-45, if the business entity or individual directly or indirectly participates in any of the following activities on behalf of the state concerning such contract or amendment or any other contract or amendment to a contract for state agency information system or telecommunication system facilities, equipment or services: Preparation of the request for information or request for proposals, development of bid specifications or proposal requirements, evaluation of bids or proposals, or negotiations with potential contractors.

      (b) No business entity or individual who is awarded any such contract or amendment may award a subcontract for any work under such contract or amendment to any business entity or individual who has participated in any of such activities listed in subsection (a) of this section.

      (S.A. 97-21, S. 84, 106; June 18 Sp. Sess. P.A. 97-9, S. 46, 50.)

      History: S.A. 97-21 and June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997.

      Sec. 4d-47. Hiring of state employees by contractors and subcontractors. With respect to any state employee whose position is eliminated or who is laid off as a result of any contract or amendment to a contract which is subject to the provisions of this chapter and subsection (e) of section 1-205, subsection (c) of section 1-211, subsection (b) of section 1-212, section 4-5, 4a-50, 4a-51, subsection (b) of section 4a-57, subsection (a) of section 10a-151b, subsection (a) of section 19a-110 or subsection (b) of section 32-6i, or any subcontract for work under such contract or amendment, (1) the contractor shall hire the employee, upon application by the employee, unless the employee is hired by a subcontractor of the contractor, or (2) the employee may transfer to any vacant position in state service for which such employee is qualified, to the extent allowed under the provisions of existing collectively bargained agreements and the general statutes. If the contractor or any such subcontractor hires any such state employee and does not provide the employee with fringe benefits which are equivalent to, or greater than, the fringe benefits that the employee would have received in state service, the state shall, for two years after the employee terminates from state service, provide to the employee either (A) the same benefits that such employee received from the state, or (B) compensation in an amount which represents the difference in the value of the fringe benefits that such employee received when in state service and the fringe benefits that such employee receives from the contractor or subcontractor.

      (S.A. 97-21, S. 85, 106; June 18 Sp. Sess. P.A. 97-9, S. 47, 50; P.A. 99-161, S. 7, 11; P.A. 00-187, S. 48, 75; P.A. 01-173, S. 2, 67.)

      History: S.A. 97-21 and June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997; P.A. 99-161 made a technical change, effective July 1, 1999; P.A. 00-187 made a technical change, effective July 1, 2000; P.A. 01-173 made technical changes for the purposes of gender neutrality, effective July 1, 2001.

      Sec. 4d-48. Disqualification of potential contractors and subcontractors for past nonperformance. No contract or subcontract for state agency information system or telecommunication system facilities, equipment or services may be awarded to any business entity or individual pursuant to this chapter or subsection (e) of section 1-205, subsection (c) of section 1-211, subsection (b) of section 1-212, section 4-5, subsection (a) of section 10a-151b, subsection (a) of section 19a-110 or subsection (b) of section 32-6i if such business entity or individual previously had a contract with the state or a state agency to provide information system or telecommunication system facilities, equipment or services and such prior contract was finally terminated by the state or a state agency within the previous five years for the reason that such business entity or individual failed to perform or otherwise breached a material obligation of the contract related to information system or telecommunication system facilities, equipment or services. If the termination of any such previous contract is contested in an arbitration or judicial proceeding, the termination shall not be final until the conclusion of such arbitration or judicial proceeding. If the fact-finder determines, or a settlement stipulates, that the contractor failed to perform or otherwise breached a material obligation of the contract related to information system or telecommunication system facilities, equipment or services, any award of a contract pursuant to said chapter or sections during the pendency of such arbitration or proceeding shall be rescinded and the bar provided in this section shall apply to such business entity or individual.

      (June 18 Sp. Sess. P.A. 97-9, S. 48, 50; P.A. 00-187, S. 49, 75.)

      History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997; P.A. 00-187 made a technical change, effective July 1, 2000.

      Secs. 4d-49 to 4d-79. Reserved for future use.