House Bill No. 6997
House Bill No. 6997
PUBLIC ACT NO. 97-293
AN ACT CONCERNING ADVANCEMENT OF PUBLIC
INSTITUTIONS OF HIGHER EDUCATION.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) There is established a Higher
Education State Matching Grant Fund to be
administered by the Department of Higher
Education. Moneys required to be appropriated by
the state for purposes of the state match of
Endowment Fund eligible gifts under subdivision
(2) of subsection (a) of section 2 of this act,
subdivision (2) of subsection (a) of section 3 of
this act, subdivision (2) of subsection (a) of
section 5 of this act and subdivision (2) of
subsection (b) of section 10a-109i of the general
statutes, as amended by section 8 of this act,
shall be deposited in the fund. The fund shall be
held separate and apart from all other funds and
accounts of the state and the department. The
Department of Higher Education shall transfer, in
accordance with said subdivisions, from the fund
amounts each fiscal year for deposit in the
Endowment Funds established for the benefit of
each constituent unit pursuant to subdivision (1)
of subsection (a) of section 2 of this act,
subdivision (1) of subsection (a) of section 3 of
this act, subdivision (1) of subsection (a) of
section 5 of this act and subdivision (1) of
subsection (b) of section 10a-109i of the general
statutes.
Sec. 2. (NEW) (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 and shall be held in a 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 income
earned on the investment of moneys in the
Endowment Fund pending application or transfer or
use of earnings on the principal of the fund for
the purposes identified in this subdivision.
(2) For each of the fiscal years ending June
30, 2000, to June 30, 2009, inclusive, as part of
the state contract with donors of Endowment Fund
eligible gifts, the Department of Higher
Education, in accordance with section 1 of this
act, 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 (A) the Secretary
of the Office of Policy and Management, (B) the
joint standing committee of the General Assembly
having cognizance of matters relating to
appropriations and the budgets of state agencies,
and (C) 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. 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,
2009, inclusive, subject to the Endowment Fund
state grant maximum commitment.
(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
of the general statutes, 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
Funds. (2) "Endowment Fund state grant" means
moneys that are transferred by the Department of
Higher Education from the fund established
pursuant to section 1 of this act 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,
2009, inclusive.
Sec. 3. (NEW) (a) (1) The Board of Trustees of
the Community-Technical Colleges shall establish a
permanent Endowment Fund for the
Community-Technical College system 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 a regional
community-technical college or the
Community-Technical College system as a whole, for
endowed professorships, scholarships and
programmatic enhancements. The fund shall be
administered by the board of trustees and shall be
held in a fund separate and apart from all other
funds and accounts of the state and the
Community-Technical College system. There shall be
deposited into the fund: (A) Endowment Fund state
grants; and (B) 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 of the fund for the purposes
identified in this subdivision. Endowment Fund
eligible gifts made on behalf of a regional
community-technical college or the system as a
whole shall be deposited in a permanent Endowment
Fund created for each regional community-technical
college and the system as a whole. A portion of
the interest income earned on investments in the
Endowment Fund established pursuant to this
section to be used for purposes described in this
subdivision shall be transferred to such a
regional community-technical college Endowment
Fund based on the ratio of the total amount of
such gifts made to such regional
community-technical college to the total amount of
all such gifts made to all the regional
community-technical colleges and the system as a
whole.
(2) For each of the fiscal years ending June
30, 2000 to June 30, 2009, inclusive, as part of
the state contract with donors of Endowment Fund
eligible gifts, the Department of Higher
Education, in accordance with section 1 of this
act, shall deposit in the Endowment Fund for the
community-technical college system a grant in an
amount equal to half of the total amount of
Endowment Fund eligible gifts received by or for
the benefit of the community-technical college
system as a whole and each regional
community-technical 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 of trustees by
February fifteenth to (A) the Secretary of the
Office of Policy and Management, (B) the joint
standing committee of the General Assembly having
cognizance of matters relating to appropriations
and the budgets of state agencies, and (C) 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. In any such fiscal year in
which the total of the eligible gifts received by
the community-technical colleges 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, 2009, inclusive,
subject to the Endowment Fund state grant maximum
commitment.
(3) The Board of Trustees of the
Community-Technical Colleges 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
of the general statutes, to a community-technical
college or its employees for reimbursement of
expenditures or payment of expenditures on behalf
of a community-technical 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 a regional community-technical
college or the community-technical college system
as a whose of cash or assets which may be reduced
to cash or which has a value that is ascertainable
by such regional community-technical college or
the community-technical college system as a whole
which the donor has specifically designated for
deposit in the Endowment Fund or which explicitly
or implicitly by the terms of the gift the
regional community-technical college or
community-technical college system as a whole may
and does deposit or permit to be deposited in the
Endowment Funds. (2) "Endowment Fund state grant"
means moneys that are transferred by the
Department of Higher Education from the fund
established pursuant to section 1 of this act 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 two million dollars
for the fiscal year ending June 30, 2000, two and
one-half million dollars for the fiscal year
ending June 30, 2001, three million dollars for
the fiscal year ending June 30, 2002, three and
one-half million dollars for the fiscal year
ending June 30, 2003, four million dollars for the
fiscal year ending June 30, 2004, four and
one-half million dollars for the fiscal year
ending June 30, 2005, and five million dollars for
each of the fiscal years ending June 30, 2006,
June 30, 2007, June 30, 2008, and June 30, 2009.
Sec. 4. (NEW) (a) If the General Assembly for
each fiscal year following the fiscal year ending
June 30, 1998, to the fiscal year ending June 30,
2008, inclusive, does not appropriate from the
General Fund for the specific purpose of debt
service on self-liquidating general obligation
bonds of the state or obligations of the Board of
Trustees for the Connecticut State University
system financed through the Connecticut Health and
Educational Facilities Authority for residential
and other auxiliary service facilities, excluding
any appropriation for such debt service to be paid
from revenues from student fees and dormitory and
dining hall income to be paid by the Board of
Trustees for the Connecticut State University
system to the State Treasurer for the payment of
such self-liquidating general obligation bonds of
the state, (1) the amount of five million dollars,
or (2) an amount equal to half the sum of revenue
from student fees received by all the state
universities within the Connecticut State
University system from the uniform assessment of
all full-time students enrolled at any time at any
of the state universities within the Connecticut
State University system, except for charges for
tuition or dormitory or dining charges or student
activity fee or other fee charged by an individual
state university, commonly called the university
fee, for the calendar year ending the preceding
December thirty-first, as certified by the
chairperson of the board of trustees by February
fifteenth to the Secretary of the Office of Policy
and Management, whichever amount is less, the
State Bond Commission may, in accordance with the
provisions of this section, from time to time
authorize the issuance of general obligation bonds
of the state in one or more series in principal
amounts not exceeding five million dollars in any
such fiscal year, to finance the design,
construction or renovation of residential and
other auxiliary service facilities at state
universities within the Connecticut State
University system, and in any event not exceeding
the amount which the General Assembly failed to
appropriate for debt service for that fiscal year
in the manner provided in this section. For
purposes of this section the term "residential and
other auxiliary facilities" (A) means any
residential facilities, student centers, dining
facilities and other auxiliary service facilities
at state universities within the Connecticut State
University system, and (B) includes, but is not
limited to, low rise dormitory code compliance
renovations at Central Connecticut State
University; code compliance at Central Connecticut
State University, Eastern Connecticut State
University, Southern Connecticut State University
and Western Connecticut State University; student
center addition and renovations at Central
Connecticut State University; student center
addition and renovations at Eastern Connecticut
State University; construction of a new student
center at Southern Connecticut State University;
Burr Hall residence hall renovations at Eastern
Connecticut State University; improvements to
Connecticut Hall at Southern Connecticut State
University; and Shafer Hall residence conversion
at Eastern Connecticut State University.
(b) All provisions of section 3-20 of the
general statutes or the exercise of any right or
power granted thereby which are not inconsistent
with the provisions of this section are hereby
adopted and shall apply to all state bonds
authorized by the State Bond Commission pursuant
to this section, and temporary notes in
anticipation of the money to be derived from the
sale of any such state bonds so authorized may be
issued in accordance with said section 3-20 and
from time to time renewed. Such state bonds shall
mature at such time or times not exceeding twenty
years from their respective dates as may be
provided in or pursuant to the resolution or
resolutions of the State Bond Commission
authorizing such state bonds. Such state bonds
issued pursuant to this section shall be general
obligations of the state and the 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 becomes due, and
accordingly and as part of the contract of the
state with the holders of such state 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.
(c) None of said state bonds shall be
authorized except upon a finding by the State Bond
Commission that there has been filed with it a
request for such authorization, which is signed by
the Secretary of the Office of Policy and
Management and stating such terms and conditions
as said commission, in its discretion, may
require. Each such request for an authorization of
state bonds shall state an amount equal to half
the sum of revenue from student fees received by
all of the state universities within the
Connecticut State University system for the
calendar year ending prior to the last fiscal
year, as certified by the chairperson of the board
of trustees, and the amount of all state
appropriations for debt service on
self-liquidating general obligation bonds of the
state or obligations of the Connecticut State
University system financed through the Connecticut
Health and Educational Facilities Authority for
the prior fiscal year, as described in subsection
(a) of this section.
Sec. 5. (NEW) (a) (1) The Board of Trustees of
the Connecticut State University system shall
establish a permanent Endowment Fund for the
Connecticut State University system 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 a state
university or the Connecticut State University
system as a whole, 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 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 state grants; and (B) 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 of the fund for
the purposes identified in this subdivision.
Endowment Fund eligible gifts made on behalf of a
state university or the system as a whole shall be
deposited in a permanent Endowment Fund created
for each such state university and the system as a
whole in the appropriate foundation established
pursuant to sections 4-37e and 4-37f of the
general statutes. A portion of the interest income
earned on investments in the Endowment Fund
established pursuant to this section to be used
for the purposes described in this subdivision
shall be transferred to such a state university
Endowment Fund based on the ratio of the total
amount of such gifts made to such state university
to the total amount of all such gifts made to all
the state universities and the system as a whole.
(2) For each of the fiscal years ending June
30, 2000, to June 30, 2009, inclusive, as part of
the state contract with donors of endowment fund
eligible gifts, the Department of Higher
Education, in accordance with section 1 of this
act, shall deposit in the Endowment Fund for the
Connecticut State University system a grant in an
amount equal to half of the total amount of
Endowment Fund eligible gifts received by or for
the benefit of the Connecticut State University
system as a whole and each state 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 (A) the
Secretary of the Office of Policy and Management,
(B) the joint standing committee of the General
Assembly having cognizance of matters relating to
appropriations and the budgets of state agencies,
and (C) 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. In any such
fiscal year in which the total of the eligible
gifts received by the Connecticut State University
system as a whole and each state 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
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, 2009, inclusive,
subject to the Endowment Fund state grant maximum
commitment.
(3) The Board of Trustees of the Connecticut
State University system 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 of the general
statutes, to a state university or its employees
for reimbursement of expenditures or payment of
expenditures on behalf of a state university or
its employees. Private donations shall not be
construed to include proceeds of federal grants
but may 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 any of the state universities
of the Connecticut State University system or the
system as a whole of cash or assets which may be
reduced to cash or which has the value that is
ascertainable by the state universities or the
system as a whole and which the donor has
specifically designated for deposit in the
Endowment Fund or which explicitly or implicitly
by the terms of the gift, the universities or the
system as a whole may and does deposit or permit
to be deposited in the Endowment Funds. (2)
"Endowment Fund state grant" means moneys
transferred by the Department of Higher Education
from the fund established pursuant to section 1 of
this act 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 two and one-half millions dollars in the
fiscal year ending June 30, 2000, five million
dollars for each of the fiscal years ending June
30, 2001, June 30, 2002, June 30, 2008, and June
30, 2009, and seven million five hundred thousand
dollars for each of the fiscal years ending June
30, 2003, June 30, 2004, June 30, 2005, June 30,
2006, and June 30, 2007.
Sec. 6. (NEW) (a) With respect to any
construction contract that is to be publicly let
other than those projects administered under
section 4b-52 of the general statutes, the
Department of Public Works, on behalf of the
Connecticut State University system, may identify
a list of potentially responsible qualified
bidders for the particular contract. The
Commissioner of Public Works shall give notice to
those on the list of the work required and of the
invitation to prequalify. The invitation to
prequalify shall contain such information as the
commissioner deems appropriate and a notice of the
due date and address to send responses. Upon
receipt of such responses, the Department of
Public Works shall select each bidder that
demonstrated the ability to post surety bonds
required by such contract and the financial,
managerial and technical ability and integrity
necessary, without conflict of interest, for
faithful and efficient performance of the work
provided for in the contract. The commissioner
shall evaluate whether a bidder is responsible and
qualified. "Responsible and qualified bidder"
shall mean the bidder who possesses the skill,
ability and integrity necessary to faithful
performance of the work based on objective
criteria considering past performance and
financial responsibility. In considering past
performance the commissioner shall evaluate the
skill, ability and integrity of bidders in terms
of the bidders' fulfillment of contract
obligations and the bidders' experience or lack of
experience with projects of the size of the
project for which bids are submitted.
(b) The Commissioner of Public Works shall
give notice to bidders prequalified pursuant to
subsection (a) of this section of the time and
place where the public letting shall occur and
shall include in the notice such information
concerning the required work as appropriate. Each
bid shall be kept sealed until opened publicly at
the time and place as set forth in the notice
soliciting such bid. The commissioner shall not
award any construction contract after public
letting, except to the responsible qualified
bidder, submitting the lowest bid in compliance
with the bid requirements. The commissioner may
waive any minor irregularity in a bid, and may
either reject all bids and again advertise for
bids, or, if he deems it advisable, negotiate with
other contractors who submitted bids in ascending
order of bid prices without change in the
contract, specifications, plans and other
requirements.
(c) The invitation to bid on the construction
contract awarded by the Commissioner of Public
Works pursuant to this section shall contain such
other terms and conditions and such provisions for
penalties, as the commissioner deems appropriate.
(d) The Commissioner of Public Works shall
require, for the protection of the state and the
Connecticut State University system, such
deposits, bonds and security in connection with
the submission of bids, the awarding of
construction contracts and the performance of work
as the commissioner determines appropriate and in
the public interest of the state.
Sec. 7. Section 10a-109c of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in sections 10a-109a to 10a-109y,
inclusive, unless the context otherwise indicates,
the following terms have the following meanings:
(1) "Act" means The University of Connecticut
2000 Act.
(2) "Assured revenues" means revenues other
than project revenues, to be received from fees,
tuition, rentals, charges, gifts, investments,
endowments and from grants, subsidies, contracts,
leases or other agreements made by or with the
federal government, the state or any political
subdivision, agency or instrumentality of the
federal government or the state, or others,
including the state debt service commitment, the
minimum state operating provision and special
eligible gifts.
(3) "Board of trustees" means the Board of
Trustees of The University of Connecticut.
(4) "Cost", as applied to a project or any
portion of the project, includes, but is not
limited to: The purchase price or acquisition cost
of any such project; the cost of planning,
designing, constructing, building, alteration,
enlargement, reconstruction, renovation,
improvement, equipping and remodeling; the cost of
all labor, materials, building systems, machinery
and equipment; the cost of all lands, structures,
real or personal property, rights, easements and
franchises acquired; the cost of all utility
extensions, access roads, site development,
financing charges, premiums for insurance,
interest prior to and during construction and for
six months thereafter; the cost of working capital
related to the project; the cost of plans and
specifications, surveys and estimates of cost and
of revenues; the cost of accountants, audits,
engineering, feasibility studies, legal and other
professional consulting or technical services; the
cost of reserves for payment of future debt
service related to the financing transaction
proceedings and for future repairs, renewals,
replacements, additions and improvements; the cost
of all other expenses necessary or incident to
determining the feasibility or practicability of
such construction; and administrative and
operating expenses and such other expenses as may
be necessary or incident to the financing
authorized.
(5) "Endowment Fund" means the fund described
in subsection (b) of section 10a-109i, AS AMENDED
BY SECTION 8 OF THIS ACT.
(6) "Endowment Fund eligible gift" means a
gift to OR FOR THE BENEFIT OF the university of
cash or assets which may be reduced to cash or
which has a value that is ascertainable by the
university which the donor has specifically
designated for deposit in the Endowment Fund or
which explicitly or implicitly by the terms
[thereof] OF THE GIFT the university may and does
deposit [therein] OR PERMIT TO BE DEPOSITED IN THE
ENDOWMENT FUND.
(7) "Endowment Fund state grant" means moneys
[appropriated or financed by the state]
TRANSFERRED BY THE DEPARTMENT OF HIGHER EDUCATION
FROM THE FUND ESTABLISHED PURSUANT TO SECTION 1 OF
THIS ACT for deposit into the Endowment Fund
pursuant to subdivision (2) of subsection (b) of
section 10a-109i, AS AMENDED BY SECTION 8 OF THIS
ACT, in an aggregate amount not exceeding [twenty
million dollars, and in the amount or amounts at
the time or times set forth in said section
10a-109i] THE ENDOWMENT FUND STATE GRANT MAXIMUM
COMMITMENT.
(8) "ENDOWMENT FUND STATE GRANT MAXIMUM
COMMITMENT" MEANS AN AMOUNT NOT EXCEEDING TEN
MILLION DOLLARS FOR THE FISCAL YEAR ENDING JUNE
30, 1999, SEVEN MILLION FIVE HUNDRED THOUSAND
DOLLARS FOR EACH OF THE FISCAL YEARS ENDING JUNE
30, 2000, JUNE 30, 2002, JUNE 30, 2003, JUNE 30,
2004, AND JUNE 30, 2005, AND FIVE MILLION DOLLARS
FOR EACH OF THE FISCAL YEARS ENDING JUNE 30, 2001,
JUNE 30, 2006, AND JUNE 30, 2007.
[(8)] (9) "Finance committee" means the budget
and finance committee of the board of trustees.
[(9)] (10) "Financing documents" means any
securities, loan agreements, credit agreements,
financing leases, lease-purchase agreements, trust
agreements, indentures, resolutions, security
agreements, pledge agreements or other contracts,
agreements or documents executed and delivered by
the university in connection with a financing
transaction proceeding.
[(10)] (11) "Financing transaction
proceedings" means the proceedings of the
university authorizing the issuance of securities
under sections 10a-109a to 10a-109y, inclusive,
the provisions of any indenture of trust or
resolution securing securities, which provisions
are incorporated into such proceedings, the
provisions of any financing or other documents or
agreements which are incorporated into such
proceedings, and a certificate of determination
executed and filed by the Treasurer in accordance
with subsection (e) or (f) of section 10a-109g.
[(11)] (12) "Governor" means the Governor of
the state.
[(12)] (13) "Holder" or "owner" when used with
reference to securities means any person or party
who is the registered owner of any outstanding
security.
[(13)] (14) "State debt service commitment"
means, with respect to securities issued as
general obligations of the university pursuant to
subsection (c) of section 10-109g for UConn 2000
in a principal amount not exceeding nine hundred
eighty million dollars, an annual amount,
commencing in the state fiscal year ending June
30, 1996, and any fiscal year thereafter for any
special debt service requirements when due and
payable.
[(14)] (15) "Minimum state operating
provision" means the commitment of the state to
appropriate, annually, an amount for the
university for operations after receiving a
request from the university therefor and
consideration of other amounts available to the
university for its operations which amount so
appropriated shall be consistent with the
university continuing to operate in furtherance
and pursuant to the provisions of section 2 of
article eighth of the Constitution of the state
and applicable law as an institution dedicated to
the excellence in higher education, including the
operation of the components of UConn 2000 at
Storrs and elsewhere in the state pursuant to
section 10a-109e; provided, however, nothing in
sections 10a-109a to 10a-109y, inclusive, shall be
construed to preclude the state from appropriating
a lower or higher amount than the amount
appropriated in the previous fiscal year so long
as the Appropriation Act provides and determines
that the university can continue to operate as an
institution dedicated to excellence in higher
education and such amount so appropriated shall
then constitute the minimum state operating
provision.
[(15)] (16) "Project" means any structure
designed for use as a dormitory or other housing
facility, dining facility, student union, academic
building, administrative facility, library,
classroom building, research facility, faculty
facility, office facility, athletic facility,
health care facility, laboratory, maintenance,
storage or utility facility or other building or
structure essential, necessary or useful for
instruction in a program of education provided by
the university; or any multipurpose structure
designed to combine two or more of the functions
performed by the types of structures enumerated in
this subsection, including, without limitation,
improvements, reconstruction, replacements,
additions and equipment acquired in connection
with a project or in connection with operation of
any facilities of the university existing on June
7, 1995. "Project" includes all real and personal
property, lands, improvements, driveways, roads,
approaches, pedestrian access roads, parking lots,
parking facilities, rights-of-way, utilities,
easements and other interests in land, machinery
and equipment, and all appurtenances and
facilities either on, above or under the ground
that are used or usable in connection with any of
the structures mentioned in this subsection.
"Project" also includes landscaping, site
preparation, furniture, machinery, equipment and
other similar items necessary or convenient for
the operation of a particular facility or
structure in the manner for which its use is
intended, but does not include items that are
customarily under applicable accounting principles
considered as a current operating charge, unless
the category and maximum amount thereof is
specifically included by a determination of the
board of trustees in the financing transaction
proceedings and by percentage or otherwise as may
be limited pursuant to such proceedings in order
to preserve the excludability of the interest on
the securities issued therefor from federal
taxation under the applicable provisions of the
Internal Revenue Code of 1986, or any subsequent
corresponding internal revenue code of the United
States as from time to time amended.
[(16)] (17) "Project revenues" means revenues
received from projects existing on June 7, 1995,
from projects under construction or from projects
the acquisition, construction or accomplishment of
which the university has entered into a binding
commitment, anticipated by the board of trustees
to produce annual revenues in an amount not less
than the anticipated annual cost of operation,
maintenance and repair of such project, and annual
debt service payments on any financing transaction
proceedings for the project during the term of any
such proceedings effected under sections 10a-109a
to 10a-109y, inclusive, for the project, as
determined by the board of trustees.
[(17)] (18) "Securities" means any bonds,
notes or other evidences of indebtedness or
borrowing of the university issued pursuant to
sections 10a-109a to 10a-109y, inclusive.
[(18)] (19) "Special debt service
requirements" means, for any period, and with
respect to securities, subject to the financing
transaction proceedings authorizing the issuance
of the securities, the sum of (A) the principal on
serial bonds or sinking fund instalment on term
bonds and interest accruing and coming due during
such period, (B) the amounts, if any, required,
with respect to interest rate fluctuations on
variable rate debt, or with respect to securities
not secured by the state debt service commitment
during such period to establish or maintain
reserves, sinking funds or other funds or accounts
at the respective levels required to be
established or maintained therein in accordance
with the proceedings authorizing the issuance of
securities, (C) annual expenses of issuance and
administration with respect to securities, (D) the
amounts, if any, becoming due and payable under a
reimbursement agreement or similar agreement
entered into pursuant to authority granted under
the proceedings authorizing the issuance of
securities, (E) net amounts owing under interest
rate agreements authorized and effective under
section 10a-109j, (F) arbitrage rebate
requirements pursuant to subsection (b) of section
10a-109q on securities secured by the state debt
service commitment and (G) any other annual costs
or expenses necessary or proper to be paid in
connection with the securities, including, without
limitation, the annual cost of any credit
facility, including but not limited to a letter of
credit or policy of bond insurance, issued by a
financial institution pursuant to an agreement
approved in the financing transaction proceedings.
[(19)] (20) "Special eligible gift" means a
gift to OR FOR THE BENEFIT OF the university of
cash or assets which may be reduced to cash by the
university which the donor has specifically
designated as a donation for use by the university
in furtherance of UConn 2000 or which explicitly
or implicitly by the terms [thereof] OF THE GIFT
the university may use for UConn 2000 and which
the university determines to so use [therefor] FOR
SUCH PURPOSE pursuant to subsection (a) of section
10a-109i.
[(20)] (21) "Special External Gift Fund" means
the fund established pursuant to subsection (a) of
section 10a-109i.
[(21)] (22) "State" means the state of
Connecticut.
[(22)] (23) "State Bond Commission" means the
commission established and existing pursuant to
subsection (c) of section 3-20, as the same may
from time to time be amended, or any successor to
said commission.
[(23)] (24) "Treasurer" means the Treasurer of
the state or his deputy appointed pursuant to
section 3-12.
[(24)] (25) "UConn 2000 infrastructure
improvement program" or "UConn 2000" means the
projects identified or referenced in section
10a-109e, as same may be modified from time to
time in accordance with said section 10a-109e and,
in bundle, constitutes the special capital
improvement program proposed by the university,
approved by the state and identified in said
section 10a-109e as necessary at this time to
modernize, rehabilitate, renew, expand and
otherwise stabilize the physical plant of the
university so as to provide the Connecticut
community with confidence that a concentrated,
accelerated and cooperative effort is being made
for the benefit of the educational and economic
development needs of the state and university and
in an efficient, cost effective and timely manner
and to assure that the university can continue to
properly and proudly compete successfully for
students, faculty, staff and external grant
support.
[(25)] (26) "University" means The University
of Connecticut, a constituent unit of the state
system of public higher education, including The
University of Connecticut Health Center.
Sec. 8. Subparagraph (A) of subdivision (2) of
subsection (b) of section 10a-109i of the general
statutes is repealed and the following is
substituted in lieu thereof:
(2) (A) [If for any] FOR EACH of the fiscal
years ending [on June 30, 1998,] June 30, 1999,
[or June 30, 2000, the state budget for such
fiscal year does not appropriate from the General
Fund for deposit into the Endowment Fund] TO JUNE
30, 2007, INCLUSIVE, AS PART OF THE STATE CONTRACT
WITH DONORS OF ENDOWMENT FUND ELIGIBLE GIFTS, THE
DEPARTMENT OF HIGHER EDUCATION, IN ACCORDANCE WITH
SECTION 1 OF THIS ACT, 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 [preceding] 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 [shall] DO
not exceed [ten million dollars in any such fiscal
year and in the aggregate shall not exceed the
Endowment Fund state grant, the State Bond
Commission shall have the power, in accordance
with the provisions of this subdivision, from time
to time to authorize the issuance of bonds of the
state in one or more series in principal amounts
not exceeding ten million dollars in any such
fiscal year and in the aggregate not exceeding
twenty million dollars, to finance the aggregate
amount of the Endowment Fund state grant not
otherwise funded] 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 1 OF
THIS ACT. In any such fiscal year in which the
eligible gifts received by the university exceed
[ten million dollars,] THE ENDOWMENT FUND STATE
GRANT MAXIMUM COMMITMENT FOR SUCH FISCAL YEAR the
amount in excess of [ten million dollars] SUCH
ENDOWMENT FUND STATE GRANT MAXIMUM COMMITMENT FOR
SUCH FISCAL YEAR, shall be carried forward and BE
eligible for a matching state grant in [the next]
ANY succeeding fiscal year [, provided the total
amount of state grants for any such fiscal year
shall not exceed ten million dollars. The amount
of such appropriation or the proceeds of the sale
of said bonds shall be used to make the Endowment
Fund state grants to the university and shall be
deposited into the Endowment Fund] FROM THE FISCAL
YEAR ENDING JUNE 30, 1999, TO THE FISCAL YEAR
ENDING JUNE 30, 2007, INCLUSIVE, SUBJECT TO THE
ENDOWMENT FUND STATE GRANT MAXIMUM COMMITMENT FOR
SUCH FISCAL YEAR.
Sec. 9. Subsection (a) of section 10a-104 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Subject to state-wide policy and
guidelines established by the Board of Governors
of Higher Education, the Board of Trustees of The
University of Connecticut shall: (1) Make rules
for the government of the university and shall
determine the general policies of the university,
including those concerning the admission of
students and the establishment of schools,
colleges, divisions and departments, and shall
direct the expenditure of the university's funds
within the amounts available; (2) develop the
mission statement for The University of
Connecticut, and all branches thereof, which shall
include, but not be limited to, the following
elements: (A) The educational needs of and
constituencies served by said university and
branches; (B) the degrees offered by said
university; and (C) the role and scope of each
institution and branch within the university
system, which shall include each institution's and
branch's particular strengths and specialties. The
board of trustees shall submit the mission
statement to the Board of Governors of Higher
Education for review and approval in accordance
with the provisions of section 10a-6; (3)
establish policies for the university system and
for the individual institutions and branches under
its jurisdiction; (4) submit to the Board of
Governors of Higher Education, for approval,
recommendations for the establishment of new
academic programs; (5) make recommendations to the
Board of Governors of Higher Education, when
appropriate, regarding institutional or branch
mergers or closures; (6) coordinate the programs
and services of the institutions and branches
under its jurisdiction; (7) be authorized to enter
into agreements, consistent with the provisions of
section 5-141d, to save harmless and indemnify
sponsors of research grants to The University of
Connecticut, provided such an agreement is
required to receive the grant and limits liability
to damages or injury resulting from acts or
omissions related to such research by employees of
the university; (8) promote fund-raising to assist
the university and report to the Commissioner of
Higher Education and the joint standing committee
of the General Assembly having cognizance of
matters relating to education by January 1, 1994,
and biennially thereafter, on such fund-raising;
(9) charge the direct costs for a building project
under its jurisdiction to the bond fund account
for such project, provided (A) such costs are
charged in accordance with a procedure approved by
the Treasurer and (B) nothing in this subdivision
shall permit the charging of working capital
costs, as defined in the applicable provisions of
the Internal Revenue Code of 1986, or any
subsequent corresponding internal revenue code of
the United States, as from time to time amended,
or costs originally paid from sources other than
the bond fund account; [and] (10) exercise the
powers delegated to it pursuant to section
10a-109d; AND (11) ESTABLISH BY OCTOBER 1, 1997,
POLICIES GOVERNING THE ACCEPTANCE OF GIFTS MADE BY
A FOUNDATION ESTABLISHED PURSUANT TO SECTIONS
4-37e AND 4-37f TO THE UNIVERSITY OR ITS EMPLOYEES
FOR REIMBURSEMENT OF EXPENDITURES OR PAYMENT OF
EXPENDITURES ON BEHALF OF THE UNIVERSITY OR ITS
EMPLOYEES.
Sec. 10. (NEW) The Board of Trustees of the
Connecticut State University system shall continue
to plan for capital improvements for the fiscal
year ending June 30, 1998, to the fiscal year
ending June 30, 2007, inclusive, to the
universities within the system on a regular
rotating schedule, and on the basis of the plans
adopted by the board shall annually submit to the
General Assembly requests for authorization of the
sale of general obligation bonds of the state for
capital projects at the state universities of up
to sixty million dollars per fiscal year.
Sec. 11. Subsection (i) of section 4b-55 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(i) "Selection panel" or "panel" means the
State Construction Services Selection Panel
established pursuant to SUBSECTION (a) OF section
4b-56 OR, IN THE CASE OF A CONNECTICUT HEALTH AND
EDUCATION FACILITIES AUTHORITY PROJECT PURSUANT TO
SECTION 10a-186a, MEANS THE CONNECTICUT HEALTH AND
EDUCATION FACILITIES AUTHORITY CONSTRUCTION
SERVICES PANEL ESTABLISHED PURSUANT TO SUBSECTION
(c) OF SECTION 4b-56, AS AMENDED BY SECTION 12 OF
THIS ACT.
Sec. 12. Section 4b-56 of the general statutes
is amended by adding subsections (c) and (d) as
follows:
(NEW) (c) There shall be established within
the Department of Public Works a Connecticut
Health and Education Facilities Authority
Construction Services Panel which shall consist of
five members: Three of whom shall be appointed by
the Commissioner of Public Works and shall be
current employees of the Department of Public
Works; and the remaining members shall be
appointed by the head or acting head of the user
agency and shall serve only for deliberations
involving the project for which such member was
appointed. The members of the selection panel
appointed by the Commissioner of Public Works
shall serve for terms of one year from July first.
If any vacancy occurs on the panel, the
Commissioner of Public Works or the head or acting
head of the user agency, as appropriate, shall
appoint a person for the unexpired term in
accordance with the provisions of this subsection.
(NEW) (d) The panel established pursuant to
subsection (c) of this section shall not be deemed
to be a board or commission within the meaning of
section 4-9a. Such panel shall be the selection
panel only for Connecticut Health and Education
Facilities Authority projects pursuant to section
10a-89b.
Sec. 13. Subsection (a) of section 4b-52 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) (1) No repairs, alterations or additions
involving expense to the state of two hundred
fifty thousand dollars or less or, in the case of
repairs, alterations or additions to a building
rented or occupied by a constituent unit of the
state system of higher education, two million
dollars or less shall be made to any state
building or premises occupied by any state
officer, department, institution, board,
commission or council of the state government and
no contract for any construction, repairs,
alteration or addition shall be entered into
without the prior approval of the Commissioner of
Public Works, except repairs, alterations or
additions to a building under the supervision and
control of the Joint Committee on Legislative
Management and repairs, alterations or additions
to a building under the supervision of The
University of Connecticut. (2) Notwithstanding the
provisions of subdivision (1), repairs,
alterations or additions involving expense to the
state of [fifty] ONE HUNDRED thousand dollars or
less may be made to any state building or premises
under the supervision of the Office of the Chief
Court Administrator or a constituent unit of the
state system of higher education, under the terms
of section 4b-11, and any contract for any such
construction, repairs or alteration may be entered
into by the Office of the Chief Court
Administrator or a constituent unit of the state
system of higher education without the approval of
the Commissioner of Public Works.
Sec. 14. Subsection (b) of section 1-19 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(b) Nothing in sections 1-15, 1-18a, 1-19 to
1-19b, inclusive, and 1-21 to 1-21k, inclusive,
shall be construed to require disclosure of (1)
preliminary drafts or notes provided the public
agency has determined that the public interest in
withholding such documents clearly outweighs the
public interest in disclosure; (2) personnel or
medical files and similar files the disclosure of
which would constitute an invasion of personal
privacy; (3) records of law enforcement agencies
not otherwise available to the public which
records were compiled in connection with the
detection or investigation of crime, if the
disclosure of said records would not be in the
public interest because it would result in the
disclosure of (A) the identity of informants not
otherwise known or the identity of witnesses not
otherwise known whose safety would be endangered
or who would be subject to threat or intimidation
if their identity was made known, (B) signed
statements of witnesses, (C) information to be
used in a prospective law enforcement action if
prejudicial to such action, (D) investigatory
techniques not otherwise known to the general
public, (E) arrest records of a juvenile, which
shall also include any investigatory files,
concerning the arrest of such juvenile, compiled
for law enforcement purposes, (F) the name and
address of the victim of a sexual assault under
section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b
or 53a-73a, or injury or risk of injury, or
impairing of morals under section 53-21, or of an
attempt thereof or (G) uncorroborated allegations
subject to destruction pursuant to section 1-20c;
(4) records pertaining to strategy and
negotiations with respect to pending claims or
pending litigation to which the public agency is a
party until such litigation or claim has been
finally adjudicated or otherwise settled; (5)
trade secrets, which for purposes of sections
1-15, 1-18a, 1-19 to 1-19b, inclusive, and 1-21 to
1-21k, inclusive, are defined as unpatented,
secret, commercially valuable plans, appliances,
formulas or processes, which are used for the
making, preparing, compounding, treating or
processing of articles or materials which are
trade commodities obtained from a person and which
are recognized by law as confidential, and
commercial or financial information given in
confidence, not required by statute; (6) test
questions, scoring keys and other examination data
used to administer a licensing examination,
examination for employment or academic
examinations; (7) the contents of real estate
appraisals, engineering or feasibility estimates
and evaluations made for or by an agency relative
to the acquisition of property or to prospective
public supply and construction contracts, until
such time as all of the property has been acquired
or all proceedings or transactions have been
terminated or abandoned, provided the law of
eminent domain shall not be affected by this
provision; (8) statements of personal worth or
personal financial data required by a licensing
agency and filed by an applicant with such
licensing agency to establish his personal
qualification for the license, certificate or
permit applied for; (9) records, reports and
statements of strategy or negotiations with
respect to collective bargaining; (10) records,
tax returns, reports and statements exempted by
federal law or state statutes or communications
privileged by the attorney-client relationship;
(11) names or addresses of students enrolled in
any public school or college without the consent
of each student whose name or address is to be
disclosed who is eighteen years of age or older
and a parent or guardian of each such student who
is younger than eighteen years of age, provided
this subdivision shall not be construed as
prohibiting the disclosure of the names or
addresses of students enrolled in any public
school in a regional school district to the board
of selectmen or town board of finance, as the case
may be, of the town wherein the student resides
for the purpose of verifying tuition payments made
to such school; (12) any information obtained by
the use of illegal means; (13) records of an
investigation or the name of an employee providing
information under the provisions of section
4-61dd; (14) adoption records and information
provided for in sections 45a-746, 45a-750 and
45a-751; (15) any page of a primary petition,
nominating petition, referendum petition or
petition for a town meeting submitted under any
provision of the general statutes or of any
special act, municipal charter or ordinance, until
the required processing and certification of such
page has been completed by the official or
officials charged with such duty after which time
disclosure of such page shall be required; (16)
records of complaints, including information
compiled in the investigation thereof, brought to
a municipal health authority pursuant to chapter
368e or a district department of health pursuant
to chapter 368f, until such time as the
investigation is concluded or thirty days from the
date of receipt of the complaint, whichever occurs
first; (17) EDUCATIONAL RECORDS WHICH ARE NOT
SUBJECT TO DISCLOSURE UNDER THE FAMILY EDUCATIONAL
RIGHTS AND PRIVACY ACT, 20 USC 1232g.
Sec. 15. Section 10a-20a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Board of Governors of Higher Education
may establish and administer a fund to be known as
the Endowed Chair Investment Fund. Within the
limits of [appropriations] FUNDS AVAILABLE, the
board may deposit state funds for an endowed chair
approved under subsection (c) of this section to
an account within said fund in an amount not less
than five hundred thousand dollars.
(b) State funds deposited by the board of
governors to the Endowed Chair Investment Fund
shall be invested by the State Treasurer.
(c) The Board of Trustees of The University of
Connecticut and the Board of Trustees of the
Connecticut State University system may apply for
the establishment of an endowed chair to be
supported by a grant of NOT LESS THAN five hundred
thousand AND NOT MORE THAN SEVEN HUNDRED FIFTY
THOUSAND dollars from the Endowed Chair Investment
Fund and a matching nonstate contribution.
Applications for endowed chairs shall be accepted
on October first and April first in each year in
which funds are available. To apply for the state
grant, the board of trustees shall notify the
board of governors that it has raised a matching
nonstate contribution and that it is eligible for
a grant of state funds to establish an endowed
chair in a specific academic discipline. The board
of trustees shall submit for the board's review
and approval evidence that the chair will be
established in a center of excellence, as defined
in subsection (b) of section 10a-25h.
(d) Following approval of state funding for an
endowed chair by the board of governors, the board
of trustees of the institution at which the chair
is established shall select candidates to fill the
endowed chair and shall develop a budget for
expenditures associated with the chair.
(e) Interest income earned under subsection
(b) of this section shall be deposited to the
Endowed Chair Investment Fund and, following
establishment of an endowed chair under subsection
(c) of this section shall be allocated, upon
request, to The University of Connecticut or to
the Connecticut State University system, as
appropriate, to support the endowed chair.
Nonstate matching contributions shall be held by a
duly established foundation of The University of
Connecticut or the Connecticut State University
system and the interest on such contributions
shall be used to support the endowed chair.
(f) The boards of trustees shall submit annual
reports to the board of governors concerning
endowed chair expenditures.
Sec. 16. Subsection (a) of section 10a-89 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Subject to state-wide policy and
guidelines established by the Board of Governors
of Higher Education, the board of trustees shall
provide for the administration of the Connecticut
State University system, plan for the expansion
and development of the institutions within its
jurisdiction, and submit such plans to the Board
of Governors of Higher Education AND TO THE
COMMISSIONER OF PUBLIC WORKS for review and
recommendations. [and to the Commissioner of
Public Works and the State Properties Review Board
for approval.] The Commissioner of Public Works
upon request of the board of trustees shall, in
accordance with section 4b-30, negotiate and
execute leases on such physical facilities as the
board of trustees may deem necessary for proper
operation of such institutions, and the board of
trustees may, with the permission of the
Commissioner of Public Works and the State
Properties Review Board, expend capital funds
therefor if such leasing is required during the
planning and construction phases of institutions
within its jurisdiction for which such capital
funds were authorized. Subject to such policies as
may be established by the board of trustees, the
chief executive officer of each institution within
the jurisdiction of the board may make buildings
and other facilities under its control available
to nonprofit and other organizations or to
individuals for temporary uses not inconsistent
with the educational purpose of the institution.
The board of trustees may appoint or remove the
chief executive officer of each institution within
its jurisdiction, and with respect to its own
operation the board of trustees may appoint and
remove an executive secretary and executive staff.
The board of trustees may determine the size of
the executive staff and the duties, terms and
conditions of employment of said secretary and
staff, subject to personnel guidelines established
by the Board of Governors of Higher Education in
consultation with said board of trustees. The
board of trustees may employ faculty and other
personnel needed to maintain and operate the
institutions within its jurisdiction. Within the
limitation of appropriations, the board of
trustees shall fix the compensation of such
personnel, establish terms and conditions of
employment and prescribe their duties and
qualifications. The board of trustees shall
determine who constitutes its professional staff
and establish compensation and classification
schedules for its professional staff. The board of
trustees shall annually submit to the Commissioner
of Administrative Services a list of the positions
which it has included within the professional
staff. The board of trustees may appoint one or
more physicians for the Connecticut State
University system and shall provide such
physicians with suitable facilities for the
performance of such duties as it prescribes.
Subject to state-wide policy and guidelines
established by the Board of Governors of Higher
Education, the board of trustees shall: (1) Make
rules for the government of the Connecticut State
University system and shall determine the general
policies of the university system, including those
concerning the admission of students and the
expenditure of the funds of institutions under its
jurisdiction within the amounts available; (2)
develop the mission statement for the university
system which shall include, but not be limited to
the following elements: (A) The educational needs
of and constituencies served by the institutions
within its jurisdiction; (B) the degrees offered
by such institutions; and (C) the role and scope
of each institution within the university system,
which shall include each institution's particular
strengths and specialties. The board of trustees
shall submit the mission statement to the Board of
Governors of Higher Education for review and
approval in accordance with the provisions of
section 10a-6; (3) establish policies for the
university system and for the individual
institutions under its jurisdiction; (4) submit to
the Board of Governors of Higher Education, for
approval, recommendations for the establishment of
new academic programs; (5) make appropriate
recommendations to the Board of Governors of
Higher Education regarding institutional mergers
or closures; (6) coordinate the programs and
services of the institutions under its
jurisdiction; (7) be authorized to enter into
agreements, consistent with the provisions of
section 5-141d, to save harmless and indemnify
sponsors of research grants to institutions under
its jurisdiction, provided such an agreement is
required to receive the grant and limits liability
to damages or injury resulting from acts or
omissions related to such research by employees of
such institutions; (8) promote fund-raising by the
institutions under its jurisdiction in order to
assist such institutions, provided the board shall
not directly engage in fund-raising except for
purposes of providing funding for (A) scholarships
or other direct student financial aid and (B)
programs, services or activities at one or more of
the institutions within its jurisdiction and
report to the Commissioner of Higher Education and
the joint standing committee of the General
Assembly having cognizance of matters relating to
education by January 1, 1994, and biennially
thereafter, on all such fund-raising; and (9)
charge the direct costs for a building project
under its jurisdiction to the bond fund account
for such project, provided (A) such costs are
charged in accordance with a procedure approved by
the Treasurer and (B) nothing in this subdivision
shall permit the charging of working capital, as
defined in the applicable provisions of the
Internal Revenue Code of 1986, or any subsequent
corresponding internal revenue code of the United
States, as from time to time amended, or costs
originally paid from sources other than the bond
fund account.
Sec. 17. Subsection (b) of section 10a-99 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) The Board of Trustees of the Connecticut
State University System shall establish and
administer a fund to be known as the Connecticut
State University System 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 UPON REQUEST BY THE CONNECTICUT
STATE UNIVERSITY SYSTEM AND WITH THE ANNUAL REVIEW
AND APPROVAL BY THE SECRETARY OF THE OFFICE OF
POLICY AND MANAGEMENT, THE AMOUNT OF the
appropriations for fringe benefits pursuant to
subsection (a) of section 4-73, SHALL BE
TRANSFERRED FROM THE STATE COMPTROLLER and all
tuition revenue received by the Connecticut State
University System in accordance with the
provisions of subsection (a) of this section shall
be deposited in said fund. Income from student
fees or related charges, the proceeds of auxiliary
activities and business enterprises, gifts and
donations, federal funds and grants, subject to
the provisions of sections 10a-98 to 10a-98g,
inclusive, and all receipts derived from the
conduct by a state university of its education
extension program and its summer school session
shall be credited to said fund but shall be
allocated to the central office and institutional
operating accounts which shall be established and
maintained for the central office and each state
university. Any such gifts and donations, federal
funds and grants for purposes of research shall be
allocated to separate accounts within such central
office and institutional operating accounts. 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. The board of trustees shall establish
an equitable policy for allocation of
appropriations from general revenues of the state,
FRINGE BENEFITS TRANSFERRED FROM THE STATE
COMPTROLLER and tuition revenue deposited in the
Connecticut State University System Operating
Fund. At the beginning of each quarter of the
fiscal year, the board shall allocate and
transfer, in accordance with said policy, moneys
for expenditure in such institutional operating
accounts, exclusive of amounts retained for
central office operations and reasonable reserves
for future distribution. All costs of waiving or
remitting tuition pursuant to subsection (e) of
this section shall be charged to the Connecticut
State University System Operating Fund. Repairs,
alterations or additions to facilities supported
by the Connecticut State University System
Operating Fund and 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
Connecticut State University system.
Sec. 18. Subsection (a) of section 4b-1 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Public Works shall (1)
be responsible for the administrative functions of
construction and planning of all capital
improvements undertaken by the state, except (A)
highway and bridge construction, the construction
and planning of capital improvements related to
mass transit, marine and aviation transportation,
(B) the Connecticut Marketing Authority, (C)
planning and construction of capital improvements
to the State Capitol building or the Legislative
Office Building and related facilities by the
Joint Committee on Legislative Management, (D) any
project as defined in subdivision [(15)] (16) of
section 10a-109c, AS AMENDED BY SECTION 7 OF THIS
ACT, undertaken by The University of Connecticut
and (E) construction and planning of capital
improvements related to the Judicial Department if
such construction and planning do not constitute a
project within the meaning of subsection (e) of
section 4b-55, including the preparation of
preliminary plans, estimates of cost, development
of designs, working plans and specifications,
award of contracts and supervision and inspection;
(2) select consultant firms in accordance with the
provisions of sections 4b-56 to 4b-59, inclusive,
to assist in the development of plans and
specifications when in his judgment such
assistance is desirable; (3) render technical
advice and service to all state agencies in the
preparation and correlation of plans for necessary
improvement of their physical plants; (4)
cooperate with those charged with fiscal
programming and budget formulation in the
development of a capital program and a capital
budget for the state; (5) be responsible for the
purchase, lease and acquisition of property and
space to house state agencies and, subject to the
provisions of section 4b-21, the sale or exchange
of any land or interest in land belonging to the
state; (6) maintain a complete and current
inventory of all state-owned or leased property
and premises, including space-utilization data,
and (7) supervise the care and control of
buildings and grounds owned or leased by the state
in Hartford, except the building and grounds of
the State Capitol and the Legislative Office
Building and parking garage and related structures
and facilities and grounds, as provided in section
2-71h, and the Connecticut Marketing Authority and
property under the supervision of the Office of
the Chief Court Administrator under the terms of
section 4b-11. For the purposes of this section,
the term "Judicial Department" does not include
the courts of probate, the Division of Criminal
Justice and the Public Defender Services
Commission, except where they share facilities in
state-maintained courts. Subject to the provisions
of chapter 67, said commissioner may appoint such
employees as are necessary for carrying out the
duties prescribed to said commissioner by the
general statutes.
Sec. 19. Subsection (a) of section 4b-51 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The Commissioner of Public Works shall
have charge and supervision of the remodeling,
alteration, repair or enlargement of any real
asset, except any dam, flood or erosion control
system, highway, bridge or any mass transit,
marine or aviation transportation facility, a
facility of the Connecticut Marketing Authority,
an asset of the Department of Agriculture program
established pursuant to section 26-237a, or any
building under the supervision and control of the
Joint Committee on Legislative Management,
involving an expenditure in excess of two hundred
fifty thousand dollars, and except that each
constituent unit of the state system of higher
education may have charge and supervision of the
remodeling, alteration, repair, construction or
enlargement of any real asset involving an
expenditure of not more than two million dollars,
except that The University of Connecticut shall
have charge and supervision of the remodeling,
alteration, repair, construction, or enlargement
of any project, as defined in subdivision [(15)]
(16) of section 10a-109c, AS AMENDED BY SECTION 7
OF THIS ACT, notwithstanding the amount of the
expenditure involved. In any decision to remodel,
alter, repair or enlarge any real asset, the
commissioner shall consider the capability of the
real asset to facilitate recycling programs.
Sec. 20. Subsection (a) of section 4b-58 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) (1) Except in the case of a project, an
emergency correctional facility project, the
University of Connecticut library project, a
priority higher education facility project, and a
project, as defined in subdivision [(15)] (16) of
section 10a-109c, AS AMENDED BY SECTION 7 OF THIS
ACT, undertaken by The University of Connecticut,
the commissioner shall negotiate a contract for
consultant services with the firm most qualified,
in his judgment, at compensation which the
commissioner determines is both fair and
reasonable to the state. (2) In the case of a
project, the commissioner shall negotiate a
contract for such services with the most qualified
firm from among the list of firms submitted by the
panel at compensation which he determines in
writing to be fair and reasonable to the state. If
the commissioner is unable to conclude a contract
with any of the firms recommended by the panel, he
shall, after issuing written findings of fact
documenting the reasons for such inability,
negotiate with those firms which he determines to
be most qualified, at fair and reasonable
compensation, to render the particular consultant
services under consideration. (3) Whenever
consultant services are required for an emergency
correctional facility project, the University of
Connecticut library project or a priority higher
education facility project, the commissioner shall
select and interview at least three consultants or
firms and shall negotiate a contract for
consultant services with the firm most qualified,
in his judgment, at compensation which the
commissioner determines is both fair and
reasonable to the state. The commissioner shall
notify the State Properties Review Board of his
action within five business days, for its approval
or disapproval in accordance with subsection (i)
of section 4b-23, except that if, within fifteen
days of such notice, a decision has not been made,
the board shall be deemed to have approved such
contract.
Sec. 21. Subsection (a) of section 4b-91 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Every contract for the construction,
reconstruction, alteration, remodeling, repair or
demolition of any public building for work by the
state, which is estimated to cost more than two
hundred fifty thousand dollars, except (1) a
contract awarded by the Commissioner of Public
Works for (A) an emergency correctional facility
project, as defined in subsection (d) of section
4b-55, or (B) the University of Connecticut
library project, or (2) a project, as defined in
subdivision [(15)] (16) of section 10a-109c, AS
AMENDED BY SECTION 7 OF THIS ACT, undertaken and
controlled by The University of Connecticut in
accordance with section 10a-109n, shall be awarded
to the lowest responsible and qualified general
bidder on the basis of competitive bids in
accordance with the procedures set forth in this
chapter, after the Commissioner of Public Works
or, in the case of a contract for the construction
of or work on a building under the supervision and
control of the Joint Committee on Legislative
Management of the General Assembly, the joint
committee or, in the case of a contract for the
construction of or work on a building under the
supervision and control of one of the constituent
units of the state system of higher education, the
constituent unit, has invited such bids by
advertisements inserted at least once in one or
more newspapers having a circulation in each
county in the state. The Commissioner of Public
Works, the joint committee or the constituent
unit, as the case may be, shall determine the
manner of submission and the conditions and
requirements of such bids, and the time within
which the bids shall be submitted, consistent with
the provisions of sections 4b-91 to 4b-96,
inclusive, AS AMENDED BY THIS ACT. Such award
shall be made within sixty days after the opening
of such bids. If the general bidder selected as
the general contractor fails to perform his
agreement to execute a contract in accordance with
the terms of his general bid and furnish a
performance bond and also a labor and materials or
payment bond to the amount specified in the
general bid form, an award shall be made to the
next lowest responsible and qualified general
bidder. If the lowest responsible and qualified
bidder's price submitted is in excess of funds
available to make an award, the Commissioner of
Public Works, the Joint Committee on Legislative
Management or the constituent unit, as the case
may be, is empowered to negotiate with such bidder
and award the contract on the basis of the funds
available, without change in the contract
specifications, plans and other requirements. If
the award of a contract on said basis is refused
by such bidder, the Commissioner of Public Works,
the Joint Committee on Legislative Management or
the constituent unit, as the case may be, may, if
he or it deems it advisable, negotiate with other
contractors who submitted bids in ascending order
of bid prices without change in the contract,
specifications, plans and other requirements. In
the event of negotiation with general bidders as
provided herein, the general bidder involved may
negotiate with subcontractors on the same basis,
provided such general bidder shall negotiate only
with subcontractors named on his general bid form.
Sec. 22. Subsection (b) of section 8-3g of the
general statutes is repealed and the following is
substituted in lieu thereof:
(b) No zoning regulation adopted pursuant to
this chapter or any special act shall prohibit any
project, as defined in subdivision [(15)] (16) of
section 10a-109c, AS AMENDED BY SECTION 7 OF THIS
ACT, in any area which is zoned to allow
commercial structures.
Sec. 23. Section 10a-109s of the general
statutes is repealed and the following is
substituted in lieu thereof:
The provisions of sections 4-165 and 5-141d
shall apply to any employee or official of the
university or other state agency who is
discharging his duties or acting within the scope
of his employment in furtherance of the UConn 2000
infrastructure improvement program, as defined in
subdivision [(24)] (25) of section 10a-109c, AS
AMENDED BY SECTION 7 OF THIS ACT.
Sec. 24. Subsection (c) of section 16a-30 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) Any project included in UConn 2000, as
defined in subdivision [(24)] (25) of section
10a-109c, AS AMENDED BY SECTION 7 OF THIS ACT,
shall constitute part of the state plan of
conservation and development approved by the
General Assembly.
Sec. 25. Subsection (b) of section 22a-1f of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) Evaluations required by section 22a-1b
shall not be required for an emergency
correctional facility project, as defined in
subsection (d) of section 4b-55 or a project, as
defined in subdivision [(15)] (16) of section
10a-109c, AS AMENDED BY SECTION 7 OF THIS ACT,
which involves the conversion of an existing
structure for educational rather than office or
commercial use.
Sec. 26. This act shall take effect from its
passage, except that sections 1 to 14, inclusive,
and 16 to 25, inclusive, shall take effect July 1,
1997.
Approved July 8, 1997