Substitute House Bill No. 6775

Public Act No. 99-220

An Act Concerning Security for State Facilities.

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

Section 1. Subsection (a) of section 4b-1 of the general statutes is repealed and the following is substituted in lieu thereof: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 (16) of section 10a-109c, 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 (h) 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. For the purposes of this subparagraph (E), the term "Judicial Department" does not include the courts of probate, the Division of Criminal Justice and the Public Defender Services Commission, except where such agencies share facilities in state-maintained courts; (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] the commissioner's 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] and (8) be responsible for the administrative functions of establishing and maintaining security standards for all facilities housing the offices and equipment of the state except (A) Department of Transportation mass transit, marine and aviation facilities, (B) the State Capitol and the Legislative Office Building and related facilities, (C) facilities under the care and control of The University of Connecticut or other constituent units of the state system of higher education, (D) Judicial Department facilities, (E) Department of Public Safety facilities, (F) Military Department facilities, (G) Department of Correction facilities, (H) Department of Children and Families client-occupied facilities, (I) facilities occupied by the Governor, Lieutenant Governor, Attorney General, Comptroller, Secretary of the State and Treasurer, and (J) facilities occupied by the Board of Parole. As used in this subdivision, "security" has the meaning assigned to it in section 2 of this act. 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. 2. (NEW) As used in this section, sections 3 to 7, inclusive, and section 9 of this act:

(1) "Commissioner" means the Commissioner of Public Works;

(2) "Security" means reasonable measures required to: (A) Protect state employees from bodily harm in the workplace and state employee parking areas, and (B) protect the state's physical assets;

(3) "Security audit" means: (A) Worksite analysis; (B) building risk classification; (C) identification of security exposures; (D) hazard prevention and control; and (E) recommendations for risk management procedures;

(4) "Security measure" means the level of qualifications and the deployment of security personnel, a security strategy or a security device; and

(5) "State agency" means any department, board, commission, institution, or other agency of the state, except (A) the mass transit, marine and aviation functions of the Department of Transportation, (B) The University of Connecticut and other constituent units of the state system of higher education, (C) the Judicial Department, (D) the Department of Public Safety, (E) the Military Department, (F) the Department of Correction, (G) the functions of the Department of Children and Families concerning client-occupied facilities, (H) the offices of the Governor, Lieutenant Governor, Attorney General, Comptroller, Secretary of the State and Treasurer, (I) the General Assembly, and (J) the Board of Parole.

Sec. 3. (NEW) (a) The commissioner may compile and maintain a computerized inventory of all buildings and structures owned or leased by the state. Such inventory may include, but not be limited to, the following information for each building and structure: Location, design plans, existing security measures, uses, and type of activity conducted by the occupants. The commissioner may update the inventory as security audit recommendations are made and implemented. The inventory may serve as a state-wide state facility security profile database.

(b) No provision of the Freedom of Information Act, as defined in section 1-200 of the general statutes, shall be construed to require the disclosure of data in any form concerning (1) security measures in state-owned or leased facilities, (2) security audit recommendations for state-owned or leased facilities, or (3) future security measures to be implemented in state-owned or leased facilities.

Sec. 4. (NEW) The Commissioner of Public Works shall establish and publish security standards for all state agencies, as defined in section 2 of this act. Such standards shall include, but not be limited to, provisions on: Physical plant security, agency staff accessibility to the public and other state personnel, levels of qualifications and deployment of security personnel, hazard prevention and control procedures, and requirements for employee assistance and training programs to establish and maintain a secure workplace. In establishing standards for levels of qualifications of security personnel for state agencies, the commissioner shall incorporate by reference chapter 534 of the general statutes and all regulations mandated or authorized by said chapter.

Sec. 5. (NEW) (a) The commissioner may conduct or require a security audit of any building or structure owned or leased by a state agency, as defined in section 2 of this act, to determine the security characteristics of such buildings or structures. Such security audit shall be conducted in cooperation with the state agency owning or occupying the building or structure.

(b) Any recommendations for security improvements in any such security audit shall be based on the audit's findings and, at a minimum, shall bring the audited building or structure into compliance with the security standards established under section 4 of this act.

(c) The commissioner shall be the sole authority and have all oversight responsibility for implementing security audit recommendations for capital improvements made under subsections (a) and (b) of this section. Such responsibility shall include, but not be limited to, prioritizing facilities requiring security improvements.

(d) Notwithstanding subsection (a) of this section, the commissioner may waive the requirement for a security audit for any building or structure if an assessment of the facility's security needs, comparable in the commissioner's opinion to a Department of Public Works' security audit, has been applied to the facility.

Sec. 6. (NEW) (a) On or after the effective date of this section, the Commissioner of Public Works shall determine whether each renovation project for a state agency building or structure under title 4b of the general statutes would impact the security characteristics of the building or structure. If the commissioner determines that the project would impact such security characteristics, the commissioner shall review the preliminary design for the project for compliance with the security standards established under section 4 of this act. The commissioner shall not approve any such preliminary design unless (1) the building or structure has had a security audit and (2) the commissioner determines, based on such review and audit, that such preliminary design meets or exceeds such security standards.

(b) On or after the effective date of this section, the commissioner shall review the preliminary design for each project for new construction for a state agency under title 4b of the general statutes for compliance with the security standards established under section 4 of this act. The commissioner shall not approve any such preliminary design unless the commissioner determines, based on such review, that such preliminary design meets or exceeds such security standards.

Sec. 7. (NEW) On or after July 1, 1999, the Commissioner of Public Works may not execute a new lease for use by a state agency, as defined in section 2 of this act, of any building or structure which is not occupied or possessed by the state at the time of execution of the lease unless (1) the owner or agent of the owner of the building or structure has had a security audit conducted for the building or structure, which in the commissioner's opinion is comparable to security audits conducted by the commissioner under section 5 of this act, (2) (A) the commissioner determines that the building or structure complies with the security standards established under section 4 of this act or (B) such owner or agent has implemented the recommendations of the security audit which bring the building or structure into compliance with such security standards, and (3) such owner or agent agrees in the lease to maintain the security standards.

Sec. 8. Subsection (d) of section 4b-52 of the general statutes is repealed and the following is substituted in lieu thereof:

(d) The Commissioner of Public Works may, during the term of a lease of a building or premises occupied by any state offices, department, institution, board, commission or council of the state government, (1) renegotiate the lease in order to enable the lessor to make necessary alterations or additions up to a maximum amount of five hundred thousand dollars, subject to the approval of the State Properties Review Board, or (2) require that a security audit be conducted for such building or premises and, if necessary, renegotiate the lease in order to enable the lessor to make necessary alterations or additions to bring the building or premises into compliance with the security standards for state agencies established under section 4 of this act. Alterations or additions under subdivision (2) of this subsection shall not be subject to the spending limit in subdivision (1) of this subsection, and a renegotiated lease under said subdivision (2) shall be subject to the approval of the State Properties Review Board, provided such approval requirement shall not compromise the security requirements of sections 2 to 7, inclusive, and section 9 of this act and this section. The commissioner shall determine the manner of submission, conditions and requirements of bids and awards made for [such] alterations or additions under this subsection. No lease shall be renegotiated under this subsection for a term less than five years. As used in this subsection, "security" and "security audit" have the meanings assigned to such terms in section 2 of this act.

Sec. 9. (NEW) (a) There is established a State-Wide Security Management Council. The council shall consist of the Commissioner of Public Safety, the Commissioner of Administrative Services, the Commissioner of Mental Health and Addiction Services, the Commissioner of Public Works, the Secretary of the Office of Policy and Management, the Chief Court Administrator, an attorney appointed by the Commissioner of Public Works, the executive director of the Joint Committee on Legislative Management, a representative of the Governor, a representative of the State Employees Bargaining Agent Coalition and the president of the Connecticut State Police Union or the president's designee. The Commissioner of Public Works shall serve as chairperson of the council. Each council member shall provide technical assistance in the member's area of expertise, as required by the council.

(b) The council shall coordinate the activities of state agencies, as defined in section 2 of this act, that relate to state-wide state facility security.

(c) Each state agency and each department, board, commission, institution or other agency of the state listed in the exceptions to the term "state agency" in section 2 of this act shall report quarterly to the council on the frequency, character and resolution of workplace violence incidents and all security-related expenditures.

Approved June 29, 1999

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